The proposed modification updates terminology to reflect current practice in the field, updates statutory references and modifies exemptions to statewide assessments for newly arrived English Language Learners.

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO: RULE TITLE
6A-1.09432: Assessment of Limited English Proficient Students
PURPOSE AND EFFECT: The proposed modification updates terminology to reflect current practice in the field, updates statutory references and modifies exemptions to statewide assessments for newly arrived English Language Learners.
SUMMARY: The rule is amended to correct references to “limited English proficient students” which have been changed to “English Language Learners.” In addition, the rule is amended to allow only students who have been enrolled in school in the United States for less than twelve months to be exempted from statewide assessment in reading, specify that such students must take the annual English language proficiency assessment, and clarify that students who are exempted may count against a school’s participation rate in various accountability reports.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 1001.02(1), 1008.22, 1003.56 FS.
LAW IMPLEMENTED: 1003.56, 1008.22 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: March 17, 2009, 8:30 a.m.
PLACE: Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Lori Rodriguez, Bureau of Student Achievement through Language Acquisition, Department of Education, 325 West Gaines Street, Room 501, Tallahassee, Florida 32399-0400, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-1.09432 Assessment of Limited English Language Learners Proficient Students.

(1) All students classified as English Language Learners (ELLs) limited English proficient (LEP) must participate in the statewide assessment program, prescribed in Section 1008.22 229.57, Florida Statutes. There is no categorical exemption from participation in the statewide assessment program for ELLs LEP students except as provided in Rule 6A-6.0909, F.A.C.

(2) An exemption from participation in any component of the statewide assessment program for an individual English Language Learner LEP student may only be made by specific action of an ELL LEP committee as defined in subsection 6A-6.0901(5), F.A.C., and only for a student whose date of classification as an English Language Learner LEP falls within one (1) year prior to the assessment date.

(a) The ELL LEP committee, in making its decision, shall consider the following factors:

1. Level of mastery of basic competencies or skills in English and home language according to appropriate local, state, and national criterion-referenced standards;

2. Grades from the current or previous years; or

3. Other test results.

(b) The ELL LEP committee shall exempt an English Language Learner LEP student from participation in a component of the statewide assessment program if it determines that the student’s participation would have an unsound instructional effect on the student. Students exempted from a component of the statewide assessment program may be counted as non-participants for that component and may reduce the participation rate of assessed students in the school, district, and state and federal accountability reports.

(3) The use of ELL LEP assessment data for school grading purposes shall be as stated in Rule 6A-1.09981, F.A.C.

(4) ELL LEP assessment data shall be used by school districts and schools to evaluate the effectiveness of their instructional programs for English Language Learners LEP students and to follow-up such evaluations with appropriate adjustments, modifications, and improvements of the district’s and the school’s English for Speakers of Other Languages (ESOL) LEP programs. The district’s ELL LEP plan submitted to the Department, pursuant to Sections 1003.56 and 1011.62, 233.058, Florida Statutes, and Rule 6A-6.0905, F.A.C., shall be revised whenever substantive changes in the district’s ESOL LEP program are required.

(5) Assessment results of individual students shall be used by schools to evaluate the progress of individual students. When indicated, such evaluations shall result in appropriate adjustments, modifications, and improvements of each individual ELL LEP student plan, pursuant to Rules 6A-6.0901, 6A-6.0902, and 6A-6.0903, F.A.C. The ELL A LEP committee shall be convened whenever substantive changes in an individual ELL LEP student plan are required.

(6) No promotion or retention decision may be made for any individual student classified as an English Language Learner LEP based solely on a score on any single assessment instrument, whether such assessment instrument is part of the statewide assessment program or of a particular district’s formal assessment process. A formal retention recommendation regarding an English Language Learner LEP student may be made through action of an ELL LEP committee.

Specific Authority 1008.22, 232.245(2)(b) FS. Law Implemented 1003.56, 1008.22, 1008.25, 1008.34, 1011.62 232.245 FS. History– New 4-29-02, Amended_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Lori Rodriguez, Bureau of Student Achievement through Language Acquisition
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dr. Eric J. Smith, Commissioner of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 16, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 14, 2008