6A-6.0902: Requirements for Identification, Eligibility Programmatic and Annual Assessments of English Language Learners
6A-6.09021: Annual English Language Proficiency Assessment for English Language Learners
6A-6.09022: Extension of Services in English for Speakers of Other Languages Program
6A-6.0903: Requirement for Classification, Reclassification, and Post Reclassification of English Language Learners
6A-6.09031: Post Reclassification of English Language Learners
PURPOSE AND EFFECT: The purpose of the rulemaking is to update and provide greater clarity by disaggregating Rules 6A-6.0902 and 6A-6.0903, F.A.C., into five separate rules regarding the requirements of: identification and placement of an English Language Learner (ELL), exit criteria of an ELL, the provisions of the annual English language proficiency assessment, requirements of extension of services, and post reclassification of an ELL. In addition, initial assessment of English language proficiency in Reading and Writing is shortened to ensure that students are placed in appropriate classes as soon as possible. The role of parental preference in identifying, assessing, and exiting ELLs is clarified, and the right of parents to have a student removed from a language instruction education program is expressly specified. The procedure for extension of English for Speakers of Other Languages (ESOL) services beyond three years is clarified to ensure that timely data is considered and that the basis for extension or exit is documented. The standards for exiting an ELL from the ESOL program are modified to provide uniform and accurate measures of English language proficiency, in accordance with state and federal law.
SUMMARY: Revisions to existing Rule 6A-6.0902, F.A.C., include the following: Revisions relating to identification of ELLs are revised to clarify that the home language survey is to be completed during registration, rather than upon enrollment; the time period for completing an initial assessment of English language proficiency in Reading and Writing is shortened, and related processes contained in the rule are revised accordingly; the authority of the district to assess kindergarten students’ English language proficiency during kindergarten roundup is specified; the right of parents to have a student removed from a language instruction education program is clarified; one factor for consideration by an ELL Committee in its determination of whether a student is English language proficient is removed as extraneous; documentation requirements for ELL Committees are specified; provisions relating to the annual assessment of English language proficiency are moved to newly created Rule 6A-6.09021, F.A.C., and the requirements relating to assessing former ELLs are clarified; and provisions relating to extension of ESOL services are moved to newly created Rule 6A-6.09022, F.A.C., and the timing and requirements for extension of services beyond three years are clarified.
Revisions to existing Rule 6A-6.0903, F.A.C., include the following: the standards for exit from the ESOL program are modified; and provisions relating to post-reclassification of ELLs are moved to a newly created Rule 6A-6.09031, F.A.C.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 1001.02, 1003.56 FS.
LAW IMPLEMENTED: 1003.56, 1011.62 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: June 21, 2011, 8:30 a.m.
PLACE: Orlando, Florida (Please contact Lynn Abbott, Department of Education, (850)245-9661 or lynn.abbott@fldoe.org for the exact location.)
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Lori Rodriguez, Bureau of Student Achievement through Language Acquisition, 325 West Gaines Street, Suite 444, Tallahassee, FL 32399, (850)245-0417
THE FULL TEXT OF THE PROPOSED RULE IS:
6A-6.0902 Requirements for Identification, Eligibility, and Programmatic and Annual Assessments of English Language Learners.
(1) Requirements for identification. Each student shall be surveyed upon initial registration in a Florida public school enrollment unless he or she has 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 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. A student for whom the only affirmative response to the survey is question (a) does not need to be placed in the ESOL program pending assessment. These students not placed in the ESOL program shall be given the aural and oral or listening and speaking assessment and if in grades 3 through 12, the reading and writing assessment shall be completed within the timelines described below.
(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 this subsection. 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) and shall receive appropriate instruction and funding as specified in Sections 1003.56 and 1011.62, F.S.
1. Any student in grades K through 12 who scores within the limited English proficient range as determined by the publisher’s standards on a Department of Education approved 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 and shall be provided appropriate services. Assessment of each student’s aural and oral proficiency or listening and speaking 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 unless documented in the following manner:
a. The documentation shall include the reason for the delay, evidence that the student is accorded the programming required for ELLs pending the delay, and a specific timetable for completing the assessment.
b. This documentation shall be mailed to the parents in the language they understand, unless clearly not feasible no later than eight (8) weeks after initial enrollment.
c. A copy shall be retained in the student’s files for a minimum of one (1) year.
Prospective kindergarten students may be assessed prior to enrollment during a kindergarten roundup evaluation so long as the assessment is given no earlier than May 1 of the calendar year the student will enroll.
2. Any student in grade 3 or above, who scores at or below 32nd percentile on reading comprehension and writing or language usage subtests 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 classified as an English Language Learner and provided appropriate services. The assessment in reading and writing shall be completed as soon as possible after enrollment, but not later than twenty (20) school days after the aural and oral assessment or listening and speaking assessment within one (1) year after the student’s enrollment.
3. Any student in grades 3 through 12 who scores English proficient on the aural and oral assessment but whose reading and writing assessment has not been completed within twenty (20) school days shall be referred to an ELL Committee for a placement determination. The ELL Committee shall be convened within twenty (20) school days after the aural and oral assessment or listening and speaking assessment, and shall use the procedures described below to determine whether the student should be placed in the ESOL program pending the reading and writing assessment. The ELL Committee must make a written determination, signed by a majority of the members that in their opinion the student’s reading and writing skills exceed the skills equivalent to the 32nd percentile on both the reading and writing subparts of a nationally norm referenced test. No ELL Committee meeting is required if the student is enrolled in the ESOL program pending the reading and writing assessment.
3.4. Upon request of a parent or teacher, a Any student who is determined not to be an English Language Learner as described in subparagraph (2)(a)1. or 2. of this rule or any student determined to be an English Language Learner based solely on one reading or writing assessment as described in subparagraph (2)(a)2. of this rule may be referred to an ELL Committee to determine eligibility for appropriate services based upon a parent’s or a teacher’s request. The parents’ preference as to whether a student is determined to be an ELL or not to be an ELL shall be considered in the final decision.The ELL Committee may determine a student to be an English Language Learner or not to be an English Language Learner according to consideration of at least two (2) 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, social experience, and a student interview;
b. Grade level mastery of basic competencies or skills in English in listening, speaking, reading and writing according to applicable local, state, or national criterion-referenced standards;
b.c. Written recommendation and observation by current and previous instructional and supportive services staff;
c.d. Level of mastery of basic competencies or skills in English and heritage language according to appropriate local, state or national criterion-referenced standards;
d.e. Grades from the current or previous years; or
e.f. Test results other than subparagraph (2)(a)1. or 2. of this rule.
(b) Any determinations by the ELL Committee shall be contained in a written evaluation with a narrative description of the basis for the decision, which shall be placed in the ELL Student Plan. Such evaluations shall further set forth a plan, which will be implemented, to address the student’s English language needs. The basis and nature of the ELL Committee’s recommendations shall be documented and maintained in the student’s file.
(c) In lieu of the standards in subparagraphs (2)(a)1., 2. and 3. of this rule, a school district may use either a district assessment or the test form of the Comprehensive English Language Learner Assessment (CELLA) approved for use as placement test to assess a student’s level of English proficiency. The alternative standards for assessing students for placement must be submitted as part of the District ELL Plan and approved by the Department of Education prior to implementation. In reviewing the district’s submission of the assessment and procedure in lieu of subparagraphs (2)(a)1. and 2. of this rule, the Department shall make an affirmative determination that the instruments and standards proposed to be utilized by the school district are valid and reliable measures of a student’s level of English language proficiency.
(d) For each student in grade 3 or above who scored within the English proficient range on the aural and oral language proficiency test scored at or above the English proficient level on a listening and speaking assessment in accordance with subparagraph (2)(a)1. of this rule, but was enrolled in the ESOL program under the provisions of subparagraph (2)(a)3. of this rule, the assessment of reading and writing proficiency shall be completed within one (1) 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.
(e) 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 funded services based on a school district interim assessment procedure which shall be described in the District ELL Plan approved by the Department of Education.
(c)(f) An ELL 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 Student Plan for such student.
(d)(g) An eligible student shall be reported for ESOL funding as specified in Section 1011.62, F.S.
(3) Programmatic Assessment.
(a) Each student determined to be an ELL shall be further assessed in academic 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 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 United States or taken in English. For foreign-born students, the same district adopted policies regarding age appropriate placement shall be followed as are followed for students born in the United States. Should a school district use a placement test for determining appropriate grade or course placement, such assessment may not be based in whole or in part on the student’s English language proficiency. Students classified as ELLs shall be placed in the appropriate English for Speakers of Other Language or Language Arts through ESOL course and core subject area courses based on their assigned grade level.
(c) Any teacher, administrator, parent or parent’s designee may request the convening of an ELL Committee to review the student’s progress in attaining necessary subject area competencies or in overcoming persistent deficiencies in overall student performance. The ELL Committee may be reconvened at any time after a student has been served for a semester. The ELL 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 Plan.
(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 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.
(4) Annual assessment to determine progress towards English language proficiency.
(a) All students classified as ELLs and former ELLs who were exited from the ESOL program based on another assessment and were not tested on CELLA in the prior year’s assessment shall be assessed annually on the CELLA.
(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, 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, and provided to school districts in sufficient time prior to each test.
(d) Beginning with the effective date of this rule, the English language proficiency levels for Oral Skills, Reading, and Writing shall be as shown in the following tables:
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(e) The Commissioner shall annually review the CELLA performance data, the CELLA cut scores and the CELLA English proficiency levels. After consulting with experts in the fields of second language acquisition and assessment, and other stakeholder groups, the Commissioner shall recommend to the State Board of Education whether to maintain the existing cut scores and proficiency levels or make changes as may be necessary to the scores, proficiency levels or other requirements of this rule.
Rulemaking Specific Authority 1001.02, 1003.56 FS. Law Implemented 1003.56, 1011.62 FS. History–New 10-30-90, Amended 5-19-08,__________,
6A-6.09021 Annual English Language Proficiency Assessment for English Language Learners (ELLs).
(1) All students classified as ELLs shall be assessed annually on the Comprehensive English Language Learning Assessment (CELLA). A former ELL shall be assessed on CELLA during the school year in which the student exits from the English for Speakers of Other Languages (ESOL) program.
(2) 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, and provided to school districts in sufficient time prior to each test.
(3) 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, and provided to school districts in sufficient time prior to each test.
(4) Beginning with the effective date of this rule, the English language proficiency levels for Oral Skills, Writing, and Reading shall be as shown below:
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Oral Skills (listening and speaking) grade cluster scale scores by English Language Proficiency Level: |
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Grade Clusters |
Beginning |
Low Intermediate |
High Intermediate |
Proficient |
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K-2 |
495-632 |
633-649 |
650-672 |
673-755 |
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3-5 |
560-675 |
676-697 |
698-719 |
720-805 |
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6-8 |
565-680 |
681-712 |
713-732 |
733-830 |
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9-12 |
580-681 |
682-713 |
714-738 |
739-835 |
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Writing grade cluster scale scores by English Language Proficiency Level: |
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Grade Clusters |
Beginning |
Low Intermediate |
High Intermediate |
Proficient |
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K-2 |
515-636 |
637-657 |
658-689 |
690-775 |
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3-5 |
575-674 |
675-702 |
703-726 |
727-825 |
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6-8 |
580-687 |
688-719 |
720-745 |
746-845 |
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9-12 |
600-689 |
690-720 |
721-745 |
746-850 |
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Reading grade cluster scale scores by English Language Proficiency Level: |
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Grade Clusters |
Beginning |
Low Intermediate |
High Intermediate |
Proficient | |||||
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K-2 |
345-545 |
546-628 |
629-689 |
690-800 | |||||
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3-5 |
590-689 |
690-714 |
715-733 |
734-810 | |||||
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6-8 |
600-713 |
714-741 |
742-758 |
759-815 | |||||
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9-12 |
605-743 |
744-761 |
762-777 |
778-820 | |||||
(5) The Commissioner shall annually review the CELLA performance data, the CELLA cut scores and the CELLA English proficiency levels. After consulting with experts in the fields of second language acquisition and assessment, and other stakeholder groups, the Commissioner shall recommend to the State Board of Education whether to maintain the existing cut scores and proficiency levels or make changes as may be necessary to the scores, proficiency levels or other requirements of this rule.
Rulemaking Authority 1001.02, 1003.56 FS. Law Implemented 1003.56 FS. History–New________.
6A-6.09022 Extension of Services in English for Speakers of Other Languages (ESOL) Program.
(1) If a student is classified as an English Language Learner (ELL) after being enrolled in the English for Speakers of Other Languages (ESOL) program for three (3) years, an ELL Committee shall be convened annually to re-evaluate the student’s progress towards English language proficiency. The ELL Committee shall be convened no earlier than thirty (30) days prior to the third anniversary of the student’s initial enrollment date, and no later than the anniversary date. This process shall be completed annually thereafter.
(2) Any student being considered for extension of services shall be assessed on at least one (1) Department-approved assessment instrument. The assessment shall be administered no earlier than thirty (30) school days prior to the student’s anniversary date. If the student’s anniversary date falls within the first two (2) weeks of the school year, the student’s CELLA and applicable FCAT scores from the prior school year will suffice, and a more recent assessment is not required. The assessment must cover all four (4) domains, of listening, speaking, reading, and writing.
(3) The ELL Committee shall review the student’s academic record holistically and shall consider the assessment results from the assessment administered under subsection (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 subsection (2) of this rule.
(4) If a majority of the ELL Committee determines that the student is not English language proficient, ESOL services shall be extended. If a majority of the ELL Committee determines that the student is English language proficient, the student shall be exited from the ESOL program. The parents’ preference as to whether the student is determined English language proficient or not English language proficient shall be considered in the final decision. If an ELL Committee extends services, the Committee shall refer the student as necessary for appropriate remedial, compensatory, special and supportive service evaluations, and programs.
(5) The basis and nature of the ELL Committee’s decision on whether to extend or not to extend ESOL services shall be documented and maintained in the student’s file.
(6) English Language Learners provided ESOL or heritage language instruction may be reported for funding in the Florida Educational Finance Program as specified in Section 1011.62, Florida Statutes. Lack of a student’s 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 beyond the state ESOL program funding limits.
Rulemaking Authority 1001.02, 1003.56 FS. Law Implemented 1003.56, 1011.62 FS. History–New________.
(Substantial rewording of Rule 6A-6.0903 follows. See Florida Administrative Code for present text.)
6A-6.0903 Requirements for Exiting English Language Learners from the English for Speakers of Other Languages Program.
(1) Each student identified as an English Language Learner (ELL) shall continue to receive appropriate instruction until such time as the student is reclassified as English proficient and exited from the English for Speakers of Other Languages (ESOL) Program. English proficiency shall be determined by assessing the student utilizing the annual Comprehensive English Language Learning Assessment (CELLA) and Florida Comprehensive Achievement Assessment (FCAT) in Reading, or by ELL Committee determination, in accordance with this rule.
(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.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 Florida Comprehensive Achievement Test (FCAT) in Reading;
c. For students in grades 10-12, a score on the 10th grade FCAT in Reading sufficient to meet applicable graduation requirements, or an equivalent concordant score pursuant to Section 1008.22, Florida Statutes.
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.
(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.
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 (4) domains, including listening, speaking, reading, and writing.
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.
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.
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.
Rulemaking Specific Authority 1001.02, 1003.56 FS. Law Implemented 1003.56, 1011.62 FS. History–New 10-30-90, Amended 5-19-08,________.
6A-6.09031 Post Reclassification of English Language Learners (ELLs).
(1) The performance of former ELLs 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, and at the end of the second year after exiting. Any consistent pattern of either under-performance on appropriate tests or failing grades shall result in the convening of an ELL Committee, after notice to the student’s parents of the opportunity to participate. The ELL Committee shall assess the student’s need for additional appropriate services, such as ESOL. Special consideration shall be given to any decline in grades and decline in test performance and to parent preference.
(2) The ELL Committee shall recommend an appropriate ELL Student Plan for students reclassified as ELLs. The basis and nature of such recommendations shall be documented 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.
(3) Any student who is reclassified as an ELL shall be provided appropriate instruction on the basis of an annual extension pursuant to a documented determination of the student’s needs.
(4) A student who exits the program and is later reclassified as an ELL, may be reported in the ESOL program, as specified in Sections 1003.56 and 1011.62, Florida Statutes. Lack of a student’s 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 beyond the state ESOL program funding limits.
Rulemaking Authority 1001.02, 1003.56 FS. Law Implemented 1003.56, 1011.62 FS. History–New________.