6A-6.0902: Requirements for Identification, Assessment and Programmatic Assessment of Limited English Proficient Students
6A-6.0903: Requirement for Classification, Reclassification, and Post Reclassification
PURPOSE AND EFFECT: The purpose of the rule developments is to make technical changes, update terminology, to clarify the eligibility determination and assessment of limited English proficient students, and to incorporate the standards for annual assessment to measure progress limited English proficiency students are making towards mastery of the English language.
SUBJECT AREA TO BE ADDRESSED: English for Speakers of Other Languages and Assessment of English language learners.
SPECIFIC AUTHORITY: 1001.02, 1003.56, 1008.25, 1003.4156, 1003.428 FS.
LAW IMPLEMENTED: 1003.56, 1011.62 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: February 12, 2008, 1:00 p.m. – 6:00 p.m. (EST); February 15, 2008, 1:00 p.m. – 6:00 p.m. (EST)
PLACE: February 12, 2008 – Orange County School District, Jones High School Auditorium, 801 S. Rio Grande Avenue, Orlando, Florida 32805; phone: (407)835-2300; Local Contact Person: Eli Santiago; February 15, 2008 – Miami-Dade College, InterAmerican Campus, 627 S. W. 27th Avenue, Room 31303, Miami, Florida 33135
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Lisa C. Saavedra, Executive Director, Bureau of Academic Achievement through Language Acquisition, 325 West Gaines Street, Suite 501 C, Turlington Building, Tallahassee, Florida 323299, phone: (805)245-5074
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
6A-6.0902 Requirements for Identification, Eligibility, Assessment and Programmatic, and Annual Assessments of English Language Learners and Standards for Exit from ESOL Limited English Proficient Students.
(1) Requirements for identification. Beginning with the 1990-91 school year, each student shall be surveyed upon initial enrollment in a school district, with questions specified in this rule. Each sStudents whose initial enrollment in the school district was prior to the 1990-91 school year shall be surveyed unless they have been surveyed previously with the questions provided in this rule. The survey shall contain the following questions:
(a) Is a language other than English used in the home?
(b) Did the student have a first language other than English?
(c) Does the student most frequently speak a language other than English?
The questions may appear on a school’s the registration form or a separate survey form. The home language and the national origin of each student shall also be collected and retained in the district’s data system. Affirmative responses to question (b) or (c), or both requires that the student be placed in the English for Speakers of Other Languages (ESOL) program until completion of the eligibility assessment.
(2) Assessment to determine eligibility for appropriate services and funding.
(a) Each student who responded “yes” to any question on the home language survey shall be assessed to determine if the student is limited English proficient based on one of the standards set forth in subsection (2) of this rule. Any student identified by the home language survey who also meets one of the standards in subparagraphs (2)(a)1., 2. and 3. of this rule shall be classified as an English Language Learner (ELL) determined to be limited English proficient and shall receive appropriate instruction and funding as specified in Section 1003.56, F.S., as amended by Chapter 2002.387, Laws of Florida.
1. Any student who scores within the limited English proficient range as determined by the publisher’s standards on a Department of Education approved approval aural and oral language proficiency test, or scores below the English proficient level on a Department of Education approved assessment in listening and speaking shall be classified as an English Language Learner determined limited English proficient and shall be provided appropriate services.
2. Any student in grade 4 or above, who scores at or below 32nd percentile on reading comprehension and writing or language usage subtests reading and writing subparts of a nationally norm referenced test or scores below the English proficient level on a Department of Education approved assessment in reading and writing shall be determined to be limited English proficient and shall be classified as an English Language Learner and provided appropriate services.
3. Any student who is determined not to be limited English proficient as described in subparagraph (2)(a)1. or 2. of this rule or any student determined to be limited English proficient based solely on one reading or writing assessment standards as described in subparagraph (2)(a)2. of this rule may be referred to an ELL LEP Committee to determine eligibility for appropriate services as a limited English proficient student based upon a parent’s or a teacher’s request. The ELL LEP Committee may determine a student to be limited English proficient or not to be limited English proficient according to consideration of at least two of the following criteria in addition to the test results from subparagraph (2)(a)1. or 2. of this rule:
a. Extent and nature of prior educational or academic experience, and 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 heritage home language according to appropriate local, state or and national criterion-referenced standards;
d. Grades farom the current or previous years; or
e. Test results other than subparagraph (2)(a)1. or 2. of this rule.
(b) Any determinations by the ELL LEP Ccommittee shall be contained in a written evaluation which shall be placed in the ELL Student Plan. limited English proficient student’s plan. Such evaluations shall further set forth a plan, which will be implemented, to address the student’s English language needs.
(c) In lieu of the standards in subparagraph (2)(a)1. and 2. of this rule, a school district may use the test form of the Comprehensive English Language Learning Assessment (CELLA) approved for use as a placement tests a district-developed or adapted test procedure to assess a student’s limited English proficiency. The procedure must be approved by the Department of Education prior to implementation. In reviewing the district’s submission of the assessment procedure in lieu of (2)(a)1. and 2., the Department shall make including an affirmative determination that the instruments and standards proposed to be utilized by the school district are valid and reliable measures of whether or not a student is limited English proficient.
(d) Assessment of each student’s aural and oral proficiency should be completed as soon as possible after the student’s initial enrollment but not later than twenty (20) school days after the student’s enrollment and shall be completed within four weeks unless documented in the following manner:
1. The documentation shall include the reason for the delay, evidence that the child is accorded the programming required for ELLs limited English proficient students pending the delay, and a specific timetable for completing the assessment.
2. This documentation shall be mailed to the parents in the language they understand, unless clearly not feasible their primary language no later than eight weeks after initial enrollment.
3. A copy shall be retained in the student’s files for a minimum of one year.
(e) For each student Assessment of each student’s reading and writing proficiency shall be completed within one year after the date of enrollment for those students who is are not identified as limited English proficient but enrolled in the ESOL program under the provisions of subparagraph (2)(a)3., the assessment of reading and writing proficiency shall be completed within one year after the date of enrollment. For students transferring into the school district, assessments completed within one year prior to the date of the student’s transfer may be used. For students enrolled in the district prior to 1990-91 who responded “yes” on the home language survey, assessments, completed within one year of the date the district administered the home language survey may be used.
(f) Assessment of a student’s English proficiency as specified in subparagraphs (2)(a)1. and 2. of this rule shall be completed as rapidly as possible. The student shall receive services until assessment is completed. In the interim, from enrollment to eight weeks, the student shall be eligible for ESOL English for Speakers of Other Languages funded services based on a school district interim assessment procedure which shall be described in the school Ddistrict ELL LEP Plan approved by the Department of Education.
(g) An ELL A LEP Committee, after notification to the parent of the opportunity to participate in the meeting, shall conduct assessments referred to in subsections (2) and (3) of this rule and recommend an ELL limited English proficient Sstudent Pplan for such student.
(h) An eligible student shall be reported for ESOL funding as specified in Section 1011.62 1003.56, Florida Statutes, as amended by Chapter 2007-216 90-288, Laws of Florida.
(3) Programmatic Assessment.
(a) Each student determined to be an ELL limited English proficient shall be further assessed in academic areas basic subject areas so as to aid the student’s teacher in developing an appropriate instructional program.
(b) Each school district shall seek to document the prior schooling experience of ELLs limited English proficient students by means of school records, transcripts and other evidence of educational experiences, and take such experiences into account in planning and providing appropriate instruction to such students. The school district shall award equal credit for courses taken in another country or a language other than English, as they would the same courses taken in the
(c) Any limited English proficient student’s teacher, administrator, parent or parent’s designee may request the convening of an ELL LEP Committee to review the student’s progress in attaining necessary subject area competencies or in overcoming persistent deficiencies in overall student performance. The ELL LEP Ccommittee may be reconvened at any time after a student has been served for a semester. The ELL LEP Committee shall make recommendations for appropriate modifications in the student’s programming to address problems identified and shall document such modifications in the student’s ELL Student Pplan.
(4) Annual assessment to determine progress towards English language proficiency
(a) All students classified as an ELL shall be assessed annually on the CELLA, including former English Language Learners that exited the ESOL program after the prior year’s assessment.
(b) The CELLA shall be administered in accordance with standard written instructions appropriate for the examination. The written instructions will be issued by the Commissioner in the form of directions for administration and other written communications, as required, and provided to school districts in sufficient time prior to each test.
(c) Provisions shall be made by school districts to administer the test to students who are absent on the designated testing dates according to directions specified by the Commissioner. The directions will be issued in the form of test administration manuals and other written communications, as required, and provided to school districts in sufficient time prior to each test.
(d) Beginning with the effective date of this rule, until changes are recommended by the Commissioner to the State Board of Education, the English proficiency levels for Oral Skills, Reading and Writing shall be as shown in the following tables:
|
Oral Skills (Listening and Speaking) grade cluster scale scores by English Language Proficiency Level | ||||
|
Grade Clusters |
Beginning |
Low Intermediate |
High Intermediate |
Proficient |
|
K-2 |
495-632 |
633-649 |
650-672 |
673-755 |
|
3-5 |
560-675 |
676-697 |
698-719 |
720-805 |
|
6-8 |
565-680 |
681-712 |
713-732 |
733-830 |
|
9-12 |
580-681 |
682-713 |
714-738 |
739-835 |
|
Writing grade cluster scale scores by English Language Proficiency Level | ||||
|
Grade Clusters |
Beginning |
Low Intermediate |
High Intermediate |
Proficient |
|
K-2 |
515-636 |
637-657 |
658-689 |
690-775 |
|
3-5 |
575-674 |
675-702 |
703-726 |
727-825 |
|
6-8 |
580-687 |
688-719 |
720-745 |
746-845 |
|
9-12 |
600-689 |
690-720 |
721-745 |
746-850 |
|
Reading grade cluster scale scores by English Language Proficiency Level | ||||
|
Grade Clusters |
Beginning |
Low Intermediate |
High Intermediate |
Proficient |
|
K-2 |
345-545 |
546-628 |
629-689 |
690-800 |
|
3-5 |
590-689 |
690-714 |
715-733 |
734-810 |
|
6-8 |
600-713 |
714-741 |
742-758 |
759-815 |
|
9-12 |
605-743 |
744-761 |
762-777 |
778-820 |
(e) The Commissioner shall review annually the CELLA performance data and the CELLA English proficiency levels and recommend to the State Board of Education whether to maintain the existing proficiency level scores or make changes as may be necessary to the scores or other requirements of this rule.
(5) Standards for Student Exit from the ESOL Program.
(a) The standards for determining whether ELLs have attained sufficient English proficiency to exit the ESOL program shall be based on multiple measures as described below.
(b) CELLA shall be used as one of the measures for determining exit. Oral skills, reading, and writing scale scores for each grade cluster shall be added to determine the composite score. Scores equal to or greater than the CELLA composite scores in the following table shall be used to determine English proficiency:
|
Grade Cluster |
CELLA English Proficient Composite Scores |
|
K-2 |
2050 or greater |
|
3-5 |
2150 or greater |
|
6-8 |
2200 or greater |
|
9-12 |
2250 or greater |
(c) A student previously classified as an ELL shall be determined English proficient based on at least two of the following standards:
1. Minimum CELLA composite score for student’s grade level and grade level scale score on CELLA Reading at the proficient level.
2. English proficiency determination by a majority decision of the ELL Committee based on the following:
a. Grade level mastery of basic competencies or skills in English according to applicable local, state or national criterion-referenced standards;
b. A passing grade in English language arts and reading subject area courses.
3. A score at or above the 33rd national percentile on the reading comprehension and writing or language usage subtests on a nationally norm referenced test.
4. A
5. A passing grade level developmental scale score in reading on the FCAT pursuant to Rule 6A-1.09422, F.A.C.
(d) School districts shall adopt the exit standards described in subsection (5) of this rule. In lieu of the standards described in subparagraphs (5)(c)1.-4. of this rule, a district may propose an alternative exit standard for use during the first full academic year after this rule is adopted. The district shall submit its proposed alternative exit standards as an amendment to the District’s ELL Plan. The proposed alternative exit standards shall be approved by the Department of Education prior to implementation. Alternative exit standards may not be used if use will result in standards for students classified as ELL that are higher than those required of all other students in the school for determining grade promotion, minimum grade level achievement level, or graduation.
Specific Authority 1001.02 FS. Law Implemented 1003.56 FS., as amended by Section 150, Chapter 2002-387, Laws of Florida. History–New 10-30-90, Amended_________.
6A-6.0903 Requirement for Classification, Reclassification, and Post Reclassification of English Language Learners.
(1) Classification and reclassification for English Language Learners (ELLs) limited English proficient students.
(a) Each student identified as an ELL limited English proficient shall continue to receive appropriate instruction and be reported for state funding until such time as the student is reclassified as English proficient. English proficiency shall be determined by reassessing the student utilizing the same or comparable assessment instruments, procedures and standards, adjusted for age and grade level, used to determine the student’s eligibility assessment. Beginning with the effective date of this rule, the Comprehensive English Language Learning Assessment (CELLA) shall be one of assessments used to determine if the student has mastered sufficient English to exit the English for Speakers of Other Languages (ESOL) program. The Composite Score by grade levels shall be as specified in Rule 6A-6.0902, F.A.C.
(b) Upon the request of a student’s teacher, counselor, administrator or parent, a A student who has been classified as an ELL limited English proficient and enrolled in an English for Sspeakers of Oother Llanguages (ESOL) program may be reassessed utilizing additional information upon the request of an English for speakers of other languages teacher, counselor, administrator or parent. The ELL LEP Committee may use other assessment information to determine that the student should be exited from the ESOL program if the committee determines that another instructional program or combination of instructional programs better meets the needs of the student. The documentation of the assessment instruments used and the justification for such action shall be retained in the student’s records.
(c) An ELL limited English proficient student shall be enrolled in one or more programs other than ESOL English for speakers of other languages programs based on eligibility and need. The amount of time the student is assigned to such a program(s) shall be comparable to that assigned to non-limited English proficient students under similar conditions, provided; however, the student assigned full time to a program other than ESOL shall be provided English and basic subject area instruction as required by Rule 6A-6.0904, F.A.C., as soon as possible.
(d) An ELL limited English proficient student may only be reclassified as English proficient utilizing the procedures in paragraphs (1)(a) and (b) of this rule.
(e) Extension of time in the ESOL program for ELLs limited English proficient students shall be determined by applying the multiple criteria for entry as specified in Rule 6A-6.0902, F.A.C., and the ELL LEP Committee procedure. This extension of instruction shall be provided to all ELLs limited English proficient students not satisfying the standards in this subsection and to all ELLs other limited English proficient students on an individualized basis whose academic aural and oral proficiency testing and achievement is not on grade level due to lack of English langauge proficiency, including listening, speaking, reading, and writing in English results in English are not consistent. An ELL LEP Committee considering the extension of programming for such students shall refer the students as necessary, for appropriate remedial, compensatory, special and supportive services evaluations, and programs.
(f) English Language Learners Limited English proficient students provided ESOL or heritage home language instruction may be reported for funding in the Florida Educational Finance Program as specified in Section 1011.62, Florida Statutes F.S., as amended by Chapter 2003.391, Laws of Florida.
(2) Post Reclassification.
(a) The performance of former ELLs limited English proficient students shall be reviewed periodically to ensure parity of participation once they have been classified as English proficient. These reviews shall take place automatically at the student’s first report card and semi-annually during the first year after exiting. Any consistent pattern of either under-performance on appropriate tests or failing grades shall result in the convening of a ELL LEP Committee, with parental participation, to assess the student’s need for additional appropriate programming such as ESOL or other needed programs. Special consideration shall be given to any decline in grades and decline in test performance and to parent preference.
(b) The ELL LEP Committee shall recommend an appropriate ELL Student LEP Plan for students reclassified as ELLs limited English proficient. The basis and nature of such recommendations shall be in writing and maintained in the student’s file. Any such plan shall be reevaluated for continued appropriateness after one year, and each year thereafter as necessary.
(c) Any student who is reclassified as an ELL limited English proficient shall be provided appropriate instruction on the basis of an annual extension pursuant to a documented determination of the student’s needs.
(d) A student who exits the program and is later reclassified as an ELL limited English proficient, may be reported in the ESOL program, as specified in Section 1003.56, F.S., as amended by Chapter 2003.391 Chapter 2002-387, Laws of Florida.
(e) Lack of a students’ ESOL funding eligibility does not relieve a school district of any obligation it may have under state or federal law to continue to provide appropriate services to ELLs limited English proficient students beyond the state ESOL program funding limits.
Specific Authority 1001.02 FS. Law Implemented 1003.56 FS., as amended by Section 150, Chapter 2002-387, Laws of Florida. History–New 10-30-90, Amended_________.