Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 37 No. 20, May 20, 2011 issue of the Florida Administrative Weekly.

Sub-subparagraph (2)(a)3.c. of Rule 6A-6.0902 is revised as follows:

c. Level of mastery of basic competencies or skills in English and heritage language according to ~~appropriate~~ local, state or national criterion referenced standards;

Paragraph (3)(d) of Rule 6A-6.0902 is revised as follows:

(d) Parents have the right to have their child immediately removed from a language instruction educational program and to decline to enroll the student in such a program or choose other instructional options, if available. For purposes of this subparagraph, a “language instruction educational program” means an instruction course in which an ELL is placed for the purpose of developing and attaining English proficiency and which may make instructional use of both English and a child’s heritage ~~native~~ language. Nothing herein shall alter the duty of the district to provide highly qualified, duly certified or endorsed ESOL instructors in accordance with Rule 6A-1.09441, F.A.C., and the Course Code Directory and Instructional Personnel Assignments that is incorporated by reference therein. If any parent or guardian of an ELL communicates a refusal to have his or her child enrolled in an ELL program, the District shall have the student’s principal or another representative of the school meet with the parent to:

1. Describe the range of programs and services that he child could receive if the parent does not refuse, including the methodology the District plans to employ to address the student’s educational needs and the training and qualifications of teachers and any others who would be employed in teaching the student;

2. Discuss the benefits their child is likely to gain by being enrolled in an ELL program and receiving ELL services;

3. Explain that, notwithstanding any past practice, the District shall not require students to be assigned to programs specifically designated for ELLs, or schools containing such programs, in order to receive ELL services.

Section (3) of Rule 6A-6.09022, is revised as follows:

(3) The ELL Committee shall review the student’s academic record holistically and shall consider the assessment results from the assessment administered under item (2) above and the following criteria to determine whether the student is English language proficient:

(a)a. Extent and nature of prior educational or academic experience, social experience, and a student interview;

(b)b. Written recommendation and observation by current and previous instructional and supportive services staff;

(c)c. Level of mastery of basic competencies or skills in English and/or heritage language according to ~~appropriate~~ state or national criterion-referenced standards, if any;

(d)d. Grades from the current or previous years; and

(e)e. Test results from tests other than the assessment according to (2) above.

The title for Rule 6A-6.0903, is revised as follows:

6A-6.0903 Requirements for Exiting English Language Learners from the English for Speakers of Other Languages Program ~~Classification, Reclassification, and Post Reclassification of English Language Learners~~.

Section (2) of Rule 6A-6.0903, is revised as follows:

(2) Standards for Student Exit from the ESOL Program.

(a) An ELL shall be determined English language proficient and exited from the ESOL program upon obtaining:

1. Scores of “Proficient” at the applicable grade level on each CELLA subtest administered annually pursuant to Rule 6A-6.9021, F.A.C.; and

2. Scores on applicable Florida Comprehensive Achievement Tests (FCAT) in Reading, as follows:

a. For students in grades K-2, CELLA is the only assessment required and FCAT is not required;

b. For students in grades 3-9, an achievement level of 3 or higher on applicable FCAT ~~Florida Comprehensive Achievement Test (FCAT)~~ in Reading;

c. For students in grades 10 – 12, a score on the 10^th grade FCAT in Reading sufficient to meet applicable graduation requirements, or an equivalent concordant score pursuant to Section 1008.22, Florida Statutes.

(b) Upon receipt of the CELLA and FCAT scores, schools shall exit students no later than the last school day of the school year. If CELLA or FCAT Reading scores are received after the end of the school year, schools shall exit students within two weeks after the beginning of the next school year and shall use the last day of the school year in which the FCAT Reading examination was administered as the exit date.

(c)~~(b)1.~~ Notwithstanding a student’s CELLA scores, upon the request of a student’s teacher, counselor, administrator, or parent, a student who has been classified as an ELL and enrolled in an English for Speakers of Other Languages (ESOL) program may be re-evaluated for English language proficiency by convening an ELL Committee at any time, according to the following procedures:.

1.2. Any student being considered for exit by an ELL Committee shall be assessed on at least one Department-approved assessment instrument, which shall be administered no earlier than thirty (30) school days prior to the ELL Committee’s determination regarding exit. The assessment must cover all four domains, including listening, speaking, reading, and writing.

2.3. The ELL Committee shall review the student’s academic record holistically and shall consider the assessment results from the assessment administered under subparagraph (2)(b)2. of this rule and the following criteria to determine whether the student is English language proficient:

a. Extent and nature of prior educational or academic experience, social experience, and a student interview;

b. Written recommendation and observation by current and previous instructional and supportive services staff;

c. Level of mastery of basic competencies or skills in English and/or heritage language according to ~~appropriate~~ state or national criterion-referenced standards, if any;

d. Grades from the current or previous years; and

e. Test results from tests other than the assessment according to subparagraph (2)(b)2. of this rule.

3.4. If a majority of the ELL Committee determines that the student is English language proficient, the student shall be exited from the program. If a majority of the ELL Committee determines that the student is not English language proficient, the student shall remain enrolled in the program. The parents’ preference as to whether a student is determined English language proficient or not English language proficient shall be considered in the final decision.

4.5. The ELL Committee shall document the records reviewed by the Committee, which must include each of the criteria in subparagraph (2)(b)3., of this rule. The Committee’s decision shall be supported by at least two of the criteria established in subparagraph (2)(b)3., of this rule, and the supporting criteria shall be documented in the student’s file.