To allow English Language Learners (ELLs) who have recently exited the English for Speakers of Other Languages (ESOL) program to receive accommodations for the statewide assessment program. The effect of this amendment is that ELLs recently exited ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.09091Accommodations of the Statewide Assessment Program Instruments and Procedures for English Language Learners

PURPOSE AND EFFECT: To allow English Language Learners (ELLs) who have recently exited the English for Speakers of Other Languages (ESOL) program to receive accommodations for the statewide assessment program. The effect of this amendment is that ELLs recently exited from ESOL would receive accommodations on the statewide assessments.

SUMMARY: Stakeholders, including teachers, district staff and parents, have indicated that Florida’s English Language Learners (ELLs), even after being deemed proficient in English and therefore exiting the English for Speakers of Other Languages (ESOL) program, still need processing time to be able to demonstrate their knowledge on assessments. By allowing assessment accommodations, specifically flexible timing, during the post-exit monitoring period of two years, Florida’s post-exit monitoring of ELLs will be strengthened. The main reason students are reclassified as ELLs once exited from the ESOL program is poor performance on statewide assessments. Many of our ELLs meet exit criteria with appropriate accommodations, and once those supports are removed, struggle to maintain satisfactory performance. Additionally, per Florida’s Every Student Succeeds Act (ESSA) plan, the ELL subgroup federal index percentage calculation includes students exited up to four years after exit from the ESOL program, indicating that ELL accountability continues even after ELLs exit the ESOL program. This change would allow accommodations for recently exited ELLs to better demonstrate what they know on statewide assessments, while aligning to ESSA’s intent.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

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.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: It is not anticipated that the proposed amendment will have an adverse impact on economic growth, business competitiveness or increase regulatory costs or any other factor listed in Section 120.541(2), F.S. and is not expected to require legislative ratification. This is based upon the nature of the testing accommodations, the anticipated number of students affected and existing school district resources. Any person who wishes to provide information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of the notice.

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, 1008.22, FS.

LAW IMPLEMENTED: 1008.22, FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: November 15, 2019, 9:00 a.m.

PLACE: Government Services Building, 1769 E. Moody Blvd. #2, Bunnell, Florida 32110.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Chane Eplin, Bureau Chief, Division of Public Schools, [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-6.09091 Accommodations of the Statewide Assessment Program Instruments and Procedures for English Language Learners.

(1) The Department of Education shall provide accommodations for English Language Learners (ELLs) to enable them to fully participate in the statewide standardized assessment program as defined in section 1008.22, F.S.

(2) No change.

(3) (a) The accommodations described in subsection (2) of this rule, shall be offered to any student who has been identified as limited English proficient pursuant to section 1003.56(2)(a), F.S., and is currently receiving services in a program operated in accordance with an approved ELL district plan and any student who has exited from the ESOL program and is in the two-year follow-up period per Rule 6A-6.09031, Post Reclassification of English Language Learners.

(b) The statewide standardized assessments may be administered with any one (1) or a combination of the accommodations authorized herein that are determined to be appropriate for the individual student.

(4) through (7) No change.

Rulemaking Authority 1001.02, 1008.22 FS. Law Implemented 1008.22 FS. History–New 10-17-00, Amended 5-5-09, 10-26-15, 5-30-17,____.

NAME OF PERSON ORIGINATING PROPOSED RULE: Chane Eplin, Bureau Chief, Division of Public Schools

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Richard Corcoran, Commissioner, Department of Education

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 11, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 10, 2019