To align rule language with the terminology adopted in October 2023 for the new statewide, standardized assessments in Rule 6A-1.09422, F.A.C., and remove references to the “Florida Standards Assessment (FSA)” and the “Florida ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.0903Requirements for Exiting English Language Learners from the English for Speakers of Other Languages Program

PURPOSE AND EFFECT: To align rule language with the terminology adopted in October 2023 for the new statewide, standardized assessments in Rule 6A-1.09422, F.A.C., and remove references to the “Florida Standards Assessment (FSA)” and the “Florida Standards Alternate Assessment (FSAA).” The effects will include terminology updates, but no substantive changes in standards and requirements for an English Language Learner (ELL) to exit the ESOL Program.

SUMMARY: Update statewide assessment terminology.

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: Based upon the nature of the changes, this proposed rule is not expected to have any adverse impact on economic growth, business competitiveness or any other factors listed in s. 120.541(2)(a), F.S., and will not require legislative ratification. No increase in regulatory costs is anticipated due to the rule changes.

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, F.S.

LAW IMPLEMENTED: 1003.56, 1011.62, F.S.

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

DATE AND TIME: January 17, 2024, 9:00 a.m.

PLACE: Tallahassee Community College, Student Union Ballroom, 444 Appleyard Drive, Tallahassee, FL 32304.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Arlene Costello, Ed.D., Bureau Chief, Student Achievement Through Language Acquisition (SALA), [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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 statewide English Language Proficiency Assessment and Florida statewide assessment Standards Assessment in English Language Arts (FSA in ELA)/Reading or Florida alternate assessment Standards Alternate Assessment (FSAA), 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 statewide English Language Proficiency Assessment subtest administered annually pursuant to Rule 6A-6.09021, F.A.C.; and,

2. Scores on the applicable statewide assessment FSA in ELA/Reading or statewide alternate assessment FSAA, as follows:

a. For students in grades K-2, the statewide English Language Proficiency Assessment is the only assessment required;

b. For students in grades 3-9, earning a passing score on the grade level FSA in ELA/Reading assessment, in accordance with the scores specified in Rule 6A-1.09422, F.A.C., or the statewide alternate assessment FSAA, pursuant to Rule 6A-1.09430, F.A.C.; or

c. For students in grades 10-12, earning a passing score on the 10th grade 10 statewide FSA in ELA/Reading assessment or a passing score on the grade 10 ELA/Reading assessment (2014-2015), pursuant to Rule 6A-1.09422, F.A.C., or, for eligible students, a passing score on the FSAA statewide alternate ELA assessment, pursuant to Rule 6A-1.09430, F.A.C., or a score on the 10th grade FCAT in Reading, pursuant to Rule 6A-1.09422, F.A.C., sufficient to meet applicable graduation requirements,. Students may also meet the applicable graduation requirement by earning or an equivalent concordant score pursuant to Rule 6A-1.09422, F.A.C. Section 1008.22, F.S.

(b) Upon receipt of the statewide English Language Proficiency Assessment and statewide FSA in ELA/Reading assessment scores, schools shall exit students no later than the last school day of the school year. If the statewide English Language Proficiency Assessment or statewide FSA in ELA/Reading assessment scores are received after the end of the school year, schools shall exit students within two (2) weeks after the beginning of the next school year and shall use the last day of the school year in which the statewide FSA in ELA/Reading assessment examination was administered as the exit date.

(c) No change.

Rulemaking Authority 1001.02, 1003.56 FS. Law Implemented 1003.56, 1011.62 FS. History–New 10-30-90, Amended 5-19-08, 10-26-11, 5-19-15, 6-23-16,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Arlene Costello, Ed.D., Bureau Chief, Student Achievement Through Language Acquisition (SALA).

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Manny Diaz Jr., Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 12, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 3, 2023