The proposed modifications update terminology to reflect current practice in the field and update statutory references; modifies and/or creates inservice requirements for school personnel providing services to students enrolled in the ESOL program; ...

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO: RULE TITLE
6A-6.0900: Programs for Limited English Proficient Students
6A-6.0901: Definitions Which Apply to Programs for Limited English Proficient Students
6A-6.0904: Equal Access to Appropriate Programming for Limited English Proficient Students
6A-6.0905: Requirements for the District Limited English Proficient Plan
6A-6.0906: Monitoring of Programs for Limited English Proficient Students
6A-6.0907: Inservice Requirements for Personnel of Limited English Proficient Students
6A-6.0908: Equal Access for Limited English Proficient Students to Programs Other Than ESOL
6A-6.0909: Exemptions Provided to Limited English Proficient Students
6A-6.09091: Accommodations of the Statewide Assessment Program Instruments and Procedures for Limited English Proficient Students
PURPOSE AND EFFECT: The proposed modifications update terminology to reflect current practice in the field and update statutory references; modifies and/or creates inservice requirements for school personnel providing services to students enrolled in the ESOL program; incorporates newly revised template for District English Language Learners Plans; modifies exemptions to statewide assessments for newly arrived English Language Learners; and establishes competencies for ESOL endorsement. The effect is rules which are consistent with current practices.
SUMMARY: References to “limited English proficient students” are changed to “English Language Learners” throughout rules relating to ESOL programs. Other substantive changes include the following:
Rule 6A-6.0900 – adds three rules to the list of rules applicable to ESOL programs; reference to “ESOL/Home language programming” is changed to “ESOL/Home language instruction;” and reference to “categorical programming” is changed to “categorical programs and services.”
Rule 6A-6.0901 – definition of “English Language Learner” or “Limited English Proficient Student” is changed to conform with statutory definition; references to “individual” or “persons” are changed to “student” or “students,” where applicable.
Rule 6A-6.0904 – References to “programming” are changed to “instructional services;” where the Commissioner of Education was previously required to develop and identify standards for ESOL programs, the rule is amended to require the Commissioner to implement the standards. Examples of types of permissible ESOL instruction are deleted; references to “state curriculum frameworks and student performance standards” are updated to specify “Sunshine State Standards and English Language Proficiency Standards.”
Rule 6A-6.0905 – Adopts a new template for District English Language Learners Plans, replacing the old format, but maintaining prior substantive requirements. Clarifies that the Department of Education must consider Parent Leadership Council’s objections to district plans in the Department’s review of the plans.
Rule 6A-6.0906 – Updates or corrects rule and statutory citations. Eliminates references to statutes or programs no longer in existence. Deletes expired requirements relating to the state data system that occurred in 1991 and 1992.
Rule 6A-6.0907 – Deletes transition or grandfathering provisions relating to ESOL inservice training that no longer apply; specifies that certain inservice requirements do not apply to reading teachers; adopts existing requirement that a teacher obtaining ESOL certification through a subject area examination must obtain 120 hours of inservice in ESOL within 3 years and providing that reading certified teachers who pass the ESOL subject area examination have met the inservice requirement; adopts existing requirement that school guidance counselors and school administrators must complete 60 hours of inservice training in ESOL; provides for use of ESOL inservice training as credit towards certificate renewal requirements.
Rule 6A-6.0909 – modifies existing rules 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, and specifies that such students must take the annual English language proficiency assessment; deletes provisions for alternative assessments; clarifies that students who are exempted may count against a school’s participation rate in various accountability reports.
Rule 6A-6.09091 – deletes outdated reference to “High School Competency Test”
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, 1012.55, 1012.56, 1012.575, 1003.56 FS.
LAW IMPLEMENTED: 1003.56, 1008.22, 1012.55, 1012.56, 1012.575 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-6.0900 Programs for English Language Learners Limited English Proficient Students.

(1) The education of English Language Learners limited English proficient students is tailored to the student needs through design, scheduling, instructional strategies, philosophy, or learning activities; by the identification, assessment, and the classification process. Programs for English Language Learners limited English proficient students shall utilize either English for Speakers of Other Languages (ESOL) or home language instructional strategies in approach; provide courses leading to English language proficiency; ensure the student’s identification and assessment, classification and reclassification; ensure access to appropriate ESOL/Home language instruction programming and to categorical programs and services programming; ensure qualified instructional personnel and monitoring for program compliance, equal access, and program effectiveness.

(2) The education and related services as described above shall be provided in accordance with the rules listed below:

(a) Rule 6A-6.0901, F.A.C., Definitions Which Apply to Programs for English Language Learners Limited English Proficient Students.

(b) Rule 6A-6.0902, F.A.C., Requirements for Identification, Eligibility Assessment and Programmatic and Annual Assessments of English Language Learners Limited English Proficient Students.

(c) Rule 6A-6.0903, F.A.C., Requirements for Classification, Reclassification, and Post Reclassification of English Language Learners.

(d) Rule 6A-6.0904, F.A.C., Equal Access to Appropriate Instruction for English Language Learners Programming for Limited English Proficient Students.

(e) Rule 6A-6.0905, F.A.C., Requirements for the District English Language Learners Limited English Proficient Plan.

(f) Rule 6A-6.0906, F.A.C., Monitoring of Programs for English Language Learners Limited English Proficient Students.

(g) Rule 6A-6.0907, F.A.C., Inservice Requirements for Personnel Serving English Language Learners of Limited English Proficient Students.

(h) Rule 6A-6.0908, F.A.C., Equal Access for English Language Learners Limited English Proficient Students to Programs Other Than English for Speakers of Other Languages (ESOL).

(i) Rule 6A-6.0909, F.A.C., Exemptions Provided to English Language Learners Limited English Proficient Students.

(j) Rule 6A-6.09091, F.A.C., Accommodations of the Statewide Assessment Program Instruments and Procedures for English Language Learners.

(k)(j) Rule 6A-4.0245, F.A.C., Specialization Requirements for Certification in English for Speakers of Other Languages (Grades K-12) – Academic Class.

(l) Rule 6A-4.02451, F.A.C., Performance Standards, Skills, and Competencies for the Endorsement in English for Speakers of Other Languages.

(m)(k) Rule 6A-1.0503, F.A.C., Definition of Qualified Instructional Personnel.

(n)(l) Rule 6A-4.0244, F.A.C., Specialization Requirements for the Endorsement in English to Speakers of Other Languages – Academic Class.

(o)(m) Rule 6A-1.09441, F.A.C., Requirements for Programs and Courses Which are Funded Through the Florida Education Finance Program and for Which the Student May Earn Credit Toward High School Graduation.

(p) Rule 6A-1.09432, F.A.C., Assessment of English Language Learners.

Specific Authority 1001.02 FS. Law Implemented 1003.56 FS., as amended by Scction 150, Chapter 2002-387, Laws of Florida. History–New 10-30-90, Amended________.

 

6A-6.0901 Definitions Which Apply to Programs for English Language Learners Limited English Proficient Students.

(1) English Language Learner means “Limited English Proficient Student,” as defined in Section 1003.56, Florida Statutes means a student whose home language is one other than English as determined by a home language survey and whose English aural comprehension, speaking, reading, or writing proficiency is below the average English proficiency level of English speaking students of the same age and grade.

(2) ELL LEP means English Language Learner limited English proficient.

(3) ESOL means English for Speakers of Other Languages.

(4) Home or native language, when used with reference to a student an individual of limited English proficiency, means the language normally used by such students individuals, or in the case of a student, the language normally used by the parents of the student.

(5) ELL LEP Committee means a group composed of ESOL teachers and home language teachers, and an administrator or designee plus guidance counselors, social workers, school psychologists or other educators as appropriate for the situation.

(6) ELL LEP student plan means a written document which contains the student’s name, instruction by program, including programs other than the ESOL provided, amount of instructional time or the instructional schedule, the date the student’s limited English proficiency is identified, and assessment data used to classify or reclassify the student as an English Language Learner limited English proficient, date of exit and assessment data used to exit students as English proficient. The plan may be included in or attached to an existing student plan, individual educational plan, or may be a separate document for a given student or students, provided; however, if for “students,” an individual copy of the plan shall be maintained in each student’s file.

(7) Basic ESOL means the teaching of English to students persons whose native language is other than English using the English language as the medium of instruction.

(8) Basic subject areas means instruction in computer literacy, mathematics, science and social studies.

(9) Other subject areas means instruction in courses other than basic ESOL and basic subject areas, such as music, physical education and vocational courses.

(10) Student supportive services means services provided by guidance counselors, psychologists, social workers, visiting teachers, occupational placement specialists, health service providers, school administrators, district level program coordinators, teachers as advisors, or parents.

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-6.0904 Equal Access to Appropriate Instruction for English Language Learners Programming for Limited English Proficient Students.

(1) Each English Language Learner limited English proficient student shall be enrolled in programming appropriate for his or her level of English proficiency and academic potential. Appropriate programming includes enrollment in programs other than ESOL funded programs as provided in Rule 6A-6.0908, F.A.C. Such programs shall seek to develop each student’s English language proficiency and academic potential.

(a) English Language Learners Limited English proficient students shall have equal access to appropriate programs which shall include state funded English for Speakers of Other Languages (ESOL) instruction and instruction in basic subject areas which are understandable to English Language Learners limited English proficient students and equal and comparable in amount, scope, sequence and quality to that provided to English proficient students. Instructional services Programming shall be documented in the form of an English Language Learner Student Plan limited English proficient student plan.

(b) English Language Learners Limited English proficient students with special needs and in need of additional services shall be provided equal and comparable services to those provided to English proficient students on a timely basis and appropriate to their level of English proficiency.

(c) English Language Learners Limited English proficient students who, by the end of grade 12 fail to meet the 10th grade statewide assessment, shall be provided appropriate programming as specified in Rule 6A-6.0909, F.A.C.

(d) English Language Learners Limited English proficient students shall be given credit toward fulfilling graduation requirements in English for each basic ESOL course completed satisfactorily. Credit shall be given toward fulfilling graduation requirements for each basic subject area course completed satisfactorily through ESOL or home language.

(2) Basic ESOL instruction.

(a) Basic ESOL programs shall include instruction to develop sufficient skills in speaking, listening, reading and writing English to enable the student to be English proficient.

(b) English Language Learners Limited English proficient students shall be classified according to their levels of English language proficiency, academic achievement, and special needs, and shall be placed in programming appropriate instructional services for these levels. Basic ESOL instruction may be provided in heterogeneous classroom settings, such as multiple language groups.

(c) An English Language Learner limited English proficient student shall be provided basic ESOL programming for the minimum number of hours per day or week, as specified in the individual ELL limited English proficient student plan. Such plans shall specify that each student receive, at minimum, the amount of basic ESOL instruction which may include special or alternative language arts necessary to attain parity of participation with non-limited English proficient students in language arts. The English Language Learner limited English proficient student shall not receive less than the total amount of instruction received by an non-limited English proficient student at the same grade level.

(d) Basic ESOL services shall seek to prepare students for reclassification as soon as the student has attained a sufficient level of English language proficiency and academic achievement according to the entry and exit standards set forth in Rules 6A-6.0902 and 6A-6.0903, F.A.C.

(e) An English Language Learner’s student’s ESOL teacher, parent or parent’s designee, or other school personnel may request the convening of an ELL LEP Committee at any time after the end of the student’s first semester in the program to identify any special problems which may be hindering a student’s progress in ESOL. An ELL LEP Committee shall make appropriate recommendations, as necessary, for the modification of the student’s ELL Student LEP Plan. The nature and basis of such modification, if any, shall be documented in each ELL Student student’s LEP Plan.

(f) The Commissioner of Education shall develop and implement or identify standards and criteria for evaluating the appropriateness of basic ESOL instruction in each district. These standards shall be consistent with state-required curriculum frameworks and student performance standards.

(g) Basic ESOL instruction shall be provided by appropriately qualified personnel.

(3) ESOL instructional and home language instructional strategies in basic subject areas.

(a) School districts shall provide appropriate home language instruction or ESOL content instruction or a combination of the two in basic subject areas in addition to basic ESOL instruction. Examples of appropriate ESOL instruction in basic subject areas include “ESOL content,” “sheltered,” “structured” and similar ESOL strategies.

(b) School districts are encouraged to use grouping, clustering, and transporting of students where practical and feasible within and between districts to achieve compliance with these standards.

(4) ESOL instruction in basic subject areas.

(a) A district that provides instruction, in whole or in part, through ESOL strategies shall assure and be able to document that:

1. Each course has been structured in conformity with ESOL strategies for teaching English Language Learners limited English proficient students basic subject matter;

2. Each course is taught by qualified personnel and that appropriate instructional materials are available to such personnel; and

3. English Language Learners Limited English proficient students are learning and progressing towards completion of requirements as specified in the school district’s Student Progression Plan pupil progression plan.

(b) The focus of instruction shall be substantive subject matter knowledge parallel and comparable to that provided to non-limited English proficient students in basic subject areas, consistent with the Sunshine State Standards as incorporated by reference in Rule 6A-1.09401, F.A.C., and English Language Proficiency Standards consistent with Rule 6A-6.0903, F.A.C. state curriculum frameworks, and student performance standards.

(c) English Language Learners Limited English proficient students in ESOL basic subject area classrooms shall have access to an individual proficient in their languages in addition to a trained ESOL subject area teacher. Schools with at least fifteen students speaking the same home language shall provide at least one aide or teacher who is proficient in the same home language and who is trained to assist in ESOL basic subject area instruction.

(d) The Commissioner of Education shall develop or identify standards and criteria for evaluating the appropriateness of the ESOL instruction in basic subject areas.

(5) Home language instruction in basic subject areas.

(a) A district that provides instruction, in whole or in part, through home language instruction shall assure and be able to document that:

1. Each course has been structured in conformity with bilingual strategies for teaching English Language Learners limited English proficient students basic subject matter;

2. Each course is taught by qualified personnel and that appropriate instructional materials are available to such personnel; and

3. English Language Learners Limited English proficient students are learning and progressing towards completion of requirements as specified in the district’s Student Progression Plan pupil progression plan.

(b) The focus of instruction shall be substantive subject matter knowledge parallel and comparable to that provided to non-limited English proficient students in basic subjects, consistent with the Sunshine State Standards and English Language Proficiency Standards state curriculum frameworks, and student performance standards. Such instruction shall incorporate appropriate instructional materials and comparable home language texts when available.

(c) The Commissioner of Education shall develop or identify standards and criteria for evaluating the appropriateness of the home language instruction in basic subject areas.

(6) Interim measures.

(a) English Language Learners Limited English proficient students shall receive an instructional program which includes basic ESOL instruction and understandable instruction in basic subject areas.

(b) In recognition that appropriately trained personnel might not be available to each student to provide each component, an action plan shall be developed at each school and for each district setting forth the following:

1. The number of students by language group who are denied any one or more of the programming required herein;

2. The documentation of the district’s efforts and lack of success in recruiting, hiring, or training appropriately qualified staff for such programs;

3. Specific activities and timelines for recruiting, hiring and training needed staff; and

4. A plan of interim measures which must include inservice training programs, utilization of native speaking aides, active language materials and other elements designed to assure that each student’s English language barrier is addressed in an instructionally sound manner.

(7) Parental involvement.

(a) Parental involvement and participation in English Language Learners’ limited English proficient students’ educational programming and academic achievement shall be promoted, among other ways, by establishing parent leadership councils at each school, or at the district level, composed in the majority of parents of English Language Learners limited English proficient students.

1. Parent leadership council should be promoted.

2. Parents shall be provided training and orientation regarding program monitoring procedures and involvement procedures available to parents of English Language Learners limited English proficient students.

(b) Parents shall be informed of the opportunity to be represented on existing school and district advisory committees.

(c) Parents shall be notified in writing of the student’s initial membership in an assigned program. Notification shall be in language that the parent understands, unless clearly not feasible.

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-6.0905 Requirements for the District English Language Learners Limited English Proficient Plan.

(1) Each school district shall submit a school district ELLLEP plan to the Department of Education describing the district’s proposed procedures and methodologies for serving limited English proficient students and must receive the Commissioner of Education’s approval prior to program implementation.

(2) Councils representing parents of ELLs limited English proficient students shall be consulted prior to the submission of the school district ELL LEP plans to the Department of Education. The Department of Education shall consider the councils’ objections to plan approval in its review.

(3) The Department of Education shall review the school district ELL LEP plan and approve, disapprove, or return for clarification or further elaboration within sixty days of submission.

(4) A school district ELL LEP plan shall be updated and resubmitted every three years. Interim changes in the plans shall be submitted as amendments to the Department of Education and must be approved by the Commissioner prior to implementation.

(5) School district ELL LEP plan format. The school district LEP plan shall include at least the following information.

(a) A district’s ELL plan shall include: standards for entry, exit and post-reclassification monitoring; a description of instructional, categorical and student services; provisions for and plans to employ qualified staff; and evidence of consultation with the district’s Parent Leadership Council or other parent advisory body representative of parents of ELL students.

(b) The school district ELL plan shall be submitted to the Department utilizing the Department’s online template entitled, “District Plan for Services of English Language Learners,” which is hereby incorporated by reference to become a part of this rule. Copies of this template may be obtained from the Bureau of Student Achievement through Language Acquisition, K-12 Public Schools, Department of Education, 325 West Gaines Street, Room 501, Tallahassee, Florida 32399-0400. The online template must be completed in its entirety.

(a) Introduction.

1. A description of the school district’s philosophy of limited English proficient programs, which shall include information on the district and school-level procedures and methodologies, the number of students, identification of languages involved and strategies intended to provide equal educational opportunities to limited English proficient students.

2. An overview of the school district’s LEP plan that summarizes the contents of the plan and specifies appropriate programming.

(b) General section.

1. A general section to include descriptions of district strategies regarding:

a. Standards for entry, exit and post reclassification monitoring including test and scores to be used;

b. Instructional categorical and student services such as counseling; and

c. Statement of procedures to employ qualified staff, including procedures used to monitor the oral language proficiency of teachers of limited English proficient students in math, science, social studies or computer literacy courses in limited English proficient student’s home language using criteria specified in Rule 6A-6.0904, F.A.C., as well as, all relevant provisions.

2. A summary of evidence of consultation with the district’s parent leadership council composed of parents of limited English proficient students or other parent advisory body representative of parents of limited English proficient students; and

3. Interim measures for providing instructional services to limited English proficient students when appropriate personnel are not available to provide basic ESOL instruction and understandable instruction in basic subject areas as set forth in Rule 6A-6.0904, F.A.C. Measures shall be developed at each school.

(6) A school district LEP plan shall incorporate home language instruction in basic subject areas such as transitional or development bilingual education or ESOL instruction in basic subject areas, such as “structured” or “sheltered” instructional strategies, in addition to basic ESOL instruction. The plan shall describe how the district intends to provide each limited English proficient student with the opportunity to learn the academic English subject matter vocabulary necessary for academic success.

(a) The school district shall specify how it will meet the needs of students in the home language using teachers, aides, parents, volunteers and students proficient in the language.

(b) The school district LEP plan shall include a statement of assurance for compliance with Federal and state laws and regulations.

(c) The school district LEP plan shall include a statement which addresses credit towards graduation requirements for basic ESOL courses and ESOL and home language basic subject areas courses.

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-6.0906 Monitoring of Programs for English Language Learners Limited English Proficient Students.

The Florida Department of Education shall monitor districts to ensure compliance with Rules 6A-6.0900 through 6A-6.09091, and 6A-1.09432, F.A.C., and all applicable federal and state laws and regulations including Sections 1000.05, 1001.03, 1002.20, 1003.56 and 1010.305, F.S. Monitoring shall include periodic reviews of the following areas:

(1) Program compliance.

(a) Monitoring shall be in conjunction with and reports shall be consistent with the comprehensive monitoring system of the Division of Public Schools in accordance with Rule 6A-1.0453, F.A.C.

(b) Compliance shall be determined and documented in the following areas:

1. Identification, assessment and programmatic assessment of English Language Learners limited English proficient students as defined in Rule 6A-6.0902, F.A.C.;

2. Provision for and implementation of basic ESOL instruction, ESOL instruction in basic subject areas, or home language instruction in basic subject areas as defined in Rule 6A-6.0904, F.A.C.;

3. Employment of qualified personnel as defined or addressed in Rules 6A-1.0503, 6A-4.0244, 6A-4.0245, 6A-6.0907, and 6A-1.09441, F.A.C.; and

4. Parental involvement as defined in Rule 6A-6.0904, F.A.C.

(c) When applicable, compliance with the following categorical program and supportive service area requirements as provided in law and rule:

1. Compensatory or remedial education;

2. Exceptional student education;

3. Dropout prevention;

4. Pre-kindergarten;

5. Chapter 2;

5.6. Pre-first grade classes;

6.7. Career and Technical Education Vocational;

7.8. Adult;

8.9. Student services; and

9.10. Extended day.

(d) Periodic reviews of local district compliance with the Florida Educational Equity Act shall include a review of requirements in Chapter 6A-19, F.A.C., with regard to equal access to categorical programming for eligible national minority students. Reviews will be conducted in accordance with Rules 6A-19.010 and 6A-1.0453, F.A.C.

(e) Data shall be collected annually for all students by the school district and the Department of Education in the following areas:

1. Student’s home language,

2. Student’s national origin, and

3. Student classified as English Language Learner limited English proficient.

(f) Data shall be collected annually for English Language Learners limited English proficient students by the school district and the Department of Education in the following areas:

1. Student classified as English proficient,

2. Student reclassified as English Language Learner limited English proficient,

3. Student reclassified as English Language Learner limited English proficient but not receiving programming as required in Rule 6A-6.0904, F.A.C.,

4. Student in Title I Chapter I Programs or other federal programs,

5. Student passing the statewide assessment competency test,

6. Student not passing the statewide assessment competency test,

7. Student in compensatory or remedial education programs,

8. Student in exceptional student education program,

9. Student in dropout prevention program, and

10. Student in prekindergarten program., and

11. Student in Chapter II Program.

(2) Program effectiveness evaluation.

(a) The Department of Education shall design and implement an evaluation system containing output measures by October 1, 1991. The state data system shall be amended to include needed data items between October 1, 1991, and June 30, 1992. The evaluation shall be implemented in the 1992-93 school year.

(b) The goals of program effectiveness evaluations are to more effectively measure outcomes and to substitute, where appropriate, outcome measures for measures contained elsewhere in rules.

(c) The Department of Education shall conduct an equal access data review of all school districts within a three year period in order to ascertain any major deviance from expected data patterns. Where deviations are noted, the school district shall be informed and shall be required to address the issue and report action taken. The district profiles shall include a comparison of (1) national origin minority students, (2) students who are not national origin minorities, and (3) English Language Learners limited English proficient students on the following indicators such as participation in categorical programs, participation in special programs in the Florida Education Finance Program, and participation in targeted academic courses.

(d) Data shall be analyzed to determine program effectiveness in such areas as, but not limited to:

1. Acquisition of English language skills by English Language Learners limited English proficient students sufficient for parity of participation with non-limited English proficient students within a reasonable period of time;

2. Progression toward completion of requirements specified in each district’s student progression plan pupil progression plan as evidenced by a comparison of English Language Learner limited English and non-limited English proficient speaking students;

3. Comparison of English Language Learner limited English and non-limited English proficient speaking students by race/ethnic, national origin and district by the data identified in this subsection; and

4. Comparison of student identification and student exit data from ESOL programs of English Language Learners limited English proficient students and by home language by district and state.

(e) Data shall be collected annually for all students by school district and the Department of Education in the following areas:

1. Retention rates,

2. Graduation rates,

3. Dropout rates,

4. Grade point average,

5. State assessment test scores, and

6. Students classified as English Language Learners LEP exiting the ESOL program by home language by year.

(3) Monitoring procedures.

(a) The Department of Education shall develop annually a summary report of the results of the monitoring review or the program evaluation.

(b) Each district shall retain documentation to verify compliance with the requirements of law and rules applicable to programs for English Language Learners limited English proficient students.

(c) The Department of Education shall prepare and distribute to the school district a report of findings and recommendations or corrective actions on monitoring compliance or effectiveness evaluation. Copies of all reports shall be retained in the individual districts as well as by the Department.

(d) The Department of Education monitoring activities shall be planned and undertaken with appropriate consultation and participation of councils representing parents of English Language Learners limited English proficient students. Each district shall be responsible for making a copy of any monitoring report available to councils representing parents of English Language Learners limited English proficient students.

(e) The Department of Education shall designate employees to provide technical assistance to those school districts which data suggest that inadequate or inappropriate services are being provided to English Language Learners limited English proficient students. Such technical assistance shall include:

1. Joint determination of practices to be investigated by the local school district,

2. Involvement of the parents of English Language Learners limited English proficient parent group and school district personnel in determining actions to improve the situation, and

3. A summary report to the Division of Public Schools. The data for school districts receiving technical assistance as described above shall be reviewed the following year to identify the impact of any changes made.

(f) Any documented major deviation from expected data patterns or compliance criteria shall require that the district submit to the Department of Education a written explanation of the situation and any action taken.

(g) Technical assistance shall be made available to any district with data which indicates that inadequate or inappropriate services are being provided to English Language Learners limited English proficient students.

(h) Districts shall be subject to the procedures and sanctions as set forth in Section 1001.03, F.S.

Specific Authority 1001.02 FS. Law Implemented 1000.05, 1003.56 FS., as amended by Chapter 2002-387, Laws of Florida. History–New 10-30-90, Amended________.

 

6A-6.0907 Inservice Requirements for Personnel Serving English Language Learners of Limited English Proficient Students.

(1) Inservice standards for teachers of mathematics, science, social studies, or computer literacy using ESOL instructional strategies who do not hold a valid certificate with ESOL endorsement or coverage:

(a) Any teacher using ESOL strategies to teach mathematics, science, social studies, or computer literacy assigned to instruct English Language Learners limited English proficient students on September 15, 1990, or for the first time in any given school year thereafter shall complete at least sixty points of inservice training or three semester hours of college credit in methods of teaching English to speakers of other languages, ESOL curriculum and materials development, cross-cultural communications and understanding, or testing and evaluation of ESOL by September 15 of the following year., or

(b) Teachers who had appropriate certification as specified in the 1989-90 Course Code Directory as adopted by reference in Rule 6A-1.09441, F.A.C., for the subjects and grades taught and have completed prior to the 1990-91 school year, at least two years of successful teaching using ESOL strategies to teach math, science, social studies or computer literacy to limited English proficient students as verified in writing by the superintendent, shall complete sixty points of inservice training or three semester hours in methods of teaching English to speakers of other languages, ESOL curriculum and materials development, cross-cultural communications and understanding or testing and evaluation of ESOL. The sixty points of inservice training or the three semester hours of college credit shall be completed for the first certificate renewal after July 1, 1990. The school district shall maintain records on how the teacher was evaluated as successful. The experience in a basic subject area ESOL class, acceptable as provided herein, shall have been taught using ESOL strategies.

(b)(c) Inservice points or college credit earned in fulfillment of this subsection may be used toward meeting three of the six semester hours renewal requirements for current or subsequent that validity periods.

(2) Inservice standards for teachers of mathematics, science, social studies, or computer literacy using home language instructional strategies who do not hold a valid certificate with ESOL endorsement or coverage:

(a) Any teachers using home language strategies to teach mathematics, science, social studies or computer literacy assigned to instruct English Language Learners limited English proficient students on September 15, 1990, or for the first time in any given school year thereafter shall complete at least sixty points of inservice training or three semester hours of college credit in methods of teaching home language, home language curriculum and materials development, or testing and evaluation in the home language by September 15 of the following year., or

(b) Teachers who had appropriate certification as specified in the 1989-90 Course Code Directory as adopted by reference in Rule 6A-1.09411, F.A.C., for the subject and grades taught and have completed, prior to the 1990-91 school year, at least two years of successful teaching of math, science, social studies or computer literacy through the home language strategies, as verified in writing by the superintendent, shall complete sixty points of inservice training or three semester hours of college credit in methods of teaching home language, home language curriculum and materials development, or testing and evaluation in the home language. The sixty points of inservice training or three semester hours of college credit shall be completed for the first certificate renewal after July 1, 1990. The school district shall maintain records on how the teacher was evaluated as being successful. The experience in a basic subject area class acceptable as provided herein shall have been taught using home language strategies.

(b)(c) Inservice points or credit earned in fulfillment of this subsection may be used toward meeting three of the six semester hours renewal requirements for current or subsequent that validity periods.

(c)(d) Teachers who are instructing English Language Learners limited English proficient students in mathematics, science, social studies, or computer literacy in the student’s home language on September 15 of any given school year shall have met by September 15 of the subsequent year the following:

1. A passing grade on a Department-approved language examination designed to determine whether a person has a language proficiency necessary to teach elementary or secondary students in that language,. The Florida Department of Education shall develop by October 1, 1990, a list of approved tests. A district which wishes to use an alternative examination shall submit it to the Florida Department of Education for approval prior to its utilization, or

2. A Florida foreign language certification coverage in the language which the teacher will utilize to instruct English Language Learners limited English proficient students.

(3) Inservice standards for teachers of English Language Learners limited English proficient students in subjects other than English, reading, mathematics, science, social studies or computer literacy who do did not hold a valid certificate with ESOL endorsement or coverage:

(a) Any teacher assigned to instruct English Language Learners limited English proficient students in subjects other than English, reading, mathematics, science, social studies or computer literacy on September 15, 1990, or for the first time in any given school year thereafter shall complete at least eighteen points of inservice training or three semester hours of college credit methods of teaching English to speakers of other languages, ESOL curriculum and materials development, cross-cultural communications and understanding, or testing and evaluation of ESOL by September 15 of the following year. Inservice training shall be provided during three full planning days or by other means approved in the district’s ELL LEP plan., or

(b) Teachers who had appropriate certification as specified in the 1989-90 Course Code Directory as adopted by reference in Rule 6A-1.09441, F.A.C., for the subject(s) and grades taught and have completed, prior to the 1990-91 school year, at least one year of successful teaching of other subject areas, to limited English proficient students, as verified in writing by the superintendent, shall complete sixty hours of inservice training or three semester hours of college credit in methods of teaching English to speakers of other languages, ESOL curriculum and materials development, cross-cultural communications and understanding, or testing and evaluation of ESOL. The sixty hours of inservice training or three semester hours of college credit shall be completed for the first certificate renewal after July 1, 1990. The school district shall maintain records on how the teacher was evaluated as being successful.

(b)(c) Inservice points or college credit earned in fulfillment of this subsection may be used toward meeting three of six semester hours renewal requirement for current or subsequent that validity periods.

(4) Any teacher that obtains K-12 ESOL Coverage based soley on passing score on the ESOL Subject Area test shall complete 120 inservice points or 6 semester hours of college credit in ESOL within three (3) calendar years of receiving the certification coverage. Any ESOL inservice training or college credit in ESOL taken prior to certification may be used to meet this requirement. Any teacher who has Reading K-12 Certification or the Reading Endorsement shall be credited with having completed 120 hours of inservice training in ESOL for this purpose, and shall have satisfied this requirement.

(5) School administrators and guidance counselors shall complete sixty (60) points of inservice training or three (3) semester hours of college credit in English for Speakers of Other Languages, ESOL Curriculum and Materials Development, Cross-cultural Communications and Understanding, or Testing and Evaluation of ESOL within three (3) years of their hiring date or assignment as a school administrator or guidance counselor. ESOL inservice training or college credit in ESOL taken prior to the hiring date or assignment may be used to meet this requirement.

(6)(4) Implementation schedule for this rule.

(a) Principles of Implementation.

(a)1. Except as set forth in this subsection, any teacher required to have an endorsement or training pursuant to this rule shall complete such training within one year of his or her initial assignment.

(b)2. Exceptions to paragraph (6)(a) subsection (4) of this rule.

1.a. A beginning teacher shall complete the inservice requirements within two years of initial assignment.

2.b. A teacher required to have an ESOL endorsement on a certificate pursuant to this rule shall complete course work required for such endorsement in accordance with Rule 6A-1.0503, F.A.C within three calendar years of his or her initial assignment.

(b) Interim measures. In recognition that this rule will require large numbers of teachers to be trained for the first time and that this poses a burden for school districts, the following interim measures will be in effect until 1993-94, except as specified herein:

1. During the 1990-91 school year, the following steps shall be taken to provide for a phase-in of the requirements of this rule:

a. Each school district shall conduct a survey of its limited English proficient students and based on the survey shall determine the number of teachers by school who need to be trained under this rule. Such survey will be completed by February, 1991.

b. Each school district shall establish a program to assure that all ESOL basic teachers needing training shall initiate training by the beginning of the 1991-92 school year and shall complete such training by the beginning of the 1994-95 school year.

c. Each school district shall project the number of ESOL subject matter teachers and home language basic subject matter teachers needed by the district and shall initiate a program which will assure that the grouping of teachers with the largest number shall begin training by the beginning of the 1991-92 school year and complete such training by the beginning of the 1993-94 school year and that the grouping of teachers with the lesser number shall begin training by the beginning of the 1991-92 school year and complete such training by the beginning of the 1994-95 school year.

d. Each school district shall also develop and implement a training and informational program for administrators, including principals, concerning this rule and the educational needs of limited English proficient students.

2. Beginning in the 1991-92 school year those teachers requiring inservice training pursuant to rule shall complete such training within a school year. Each year thereafter those teachers who have not already completed the training shall complete the requisite training.

3. Those teachers who must complete specified credit or inservice points for certification renewal pursuant to this rule shall complete such training by the following time periods: Those whose validity period ends prior to July 1, 1993, shall complete requirements by June 1992; those whose validity period ends July 1, 1994, shall complete requirements by June 1993; those whose validity period ends July 1, 1995, shall complete requirements by June 1994.

(7)(5) Inservice training program standards. Programs set forth herein which enable teachers to meet requirements through inservice points shall meet the following standards:

(a) The inservice time shall be divided between contact time and supervised practicum.

(b) The inservice training time allotted for methods of teaching English to speakers of other languages, ESOL curriculum and materials development, cross-cultural communications and understanding, and testing and evaluation of ESOL as set forth in subsections (1), and (3), and (5) of this rule shall be appropriately divided, or

(c) The inservice training time allotted for methods of teaching home language, home language curriculum and materials development, and testing and evaluation in the home language as set forth in subsection (2) of this rule shall be appropriately divided.

(d) A set of performance competencies with post-tests shall be developed by each district in their master inservice plan for all the inservice training provided in fulfillment of this rule.

(e) Trainers of home language teachers, where possible, shall be persons who speak the targeted home language.

(f) Each inservice program developed to meet the requirements of this rule shall be approved by the Florida Department of Education and shall be monitored at least once every three years to assure that the standards set forth herein are met.

(g) Up to one hundred twenty (120) sixty inservice points or six (6) three semester hours earned in meeting the requirements as specified in subsections (1)-(5) (1), (2) or (3), F.A.C. of this rule may be used by a teacher for certificate renewal. A teacher who holds a professional certificate may use college credits or inservice points completed in ESOL training and training in the teaching of reading in excess of six (6) semester hours during one certificate-validity period toward renewal of the professional certificate during the subsequent validity periods. A teacher who holds a temporary certificate may use college credits or inservice points completed in ESOL training and training in the teaching of reading toward renewal of the teacher’s first professional certificate. Such training must not have been included within the degree program, and the teacher’s temporary and professional certificates must be issued for consecutive school years.

(h) Each district shall retain records for each teacher, school administrator, guidance counselor, and paraprofessional and aide that successfully completed the inservice requirements.

(8)(6) Each school district shall develop and implement an inservice program for paraprofessionals teacher aides who work with English Language Learners limited English proficient students.

(9)(7) Each school district shall develop and implement the inservice requirements contained in this rule in the district’s master inservice plan.

(10)(8) Each district shall develop and implement training components, in addition to the requirements in this rule, needed to increase the effectiveness and efficiency of the program(s) provided to English Language Learners limited English proficient students.

(11)(9) The Department of Education shall provide technical assistance, including technological assistance where feasible, to school districts in the implementation of the inservice training.

(10) During the 1992-93 school year, the Department of Education shall conduct an evaluation of the system of inservice provided in this rule, and shall make recommendations for revising the system based on analysis of student outcome measures.

Specific Authority 1001.02 FS. Law Implemented 1003.56 FS., as amended by Chapter 2002-387, Laws of Florida. History–New 10-30-90, Amended_________.

 

6A-6.0908 Equal Access for English Language Learners Limited English Proficient Students to Programs Other Than English for Speakers of Other Languages (ESOL).

(1) English Language Learners (ELL) Limited English proficient students, including refugees and other immigrants, racial and national origin minority students, shall be entitled to equal access to programs and services other than ESOL, such as, but not limited to compensatory, exceptional, early childhood, pre-first grade, vocational, adult education, Chapter 2, dropout prevention, extended day, and supportive services regardless of the funding sources.

(2) School-to-Home Communication Home-school communication. All written and oral communication between a school district’s personnel and parents of current or former English Language Learners limited English proficient students shall be in the parents’ primary language or other mode of communication commonly used by the parents unless clearly not feasible.

(3) National origin minority or English Language Learners limited English proficient students shall not be subjected to any disciplinary action because of their use of a language other than English.

(4) Any person or organization may file a complaint alleging violation of Rules 6A-6.0900 through 6A-6.0909, F.A.C., with the Florida Department of Education.

(a) Complaints shall be specific and in writing.

(b) Findings shall be reported to the district and complainant within sixty days after receipt of the complaint.

(c) Corrective actions shall be required for any confirmed violation.

(d) The complaint process is independent of an individual’s rights under state and federal laws.

(5) Exceptional student education referral. The school district shall ensure that an exceptional student referred for placement into programs for English Language Learners limited English proficient students shall have an individual educational plan, (IEP), review prior to that placement. A staff representative of the ELL LEP Committee shall be invited to participate in that review.

Specific Authority 1001.02 FS. Law Implemented 1003.56 FS., as amended by Chapter 2002-387, Laws of Florida. History–New 10-30-90, Amended________.

 

6A-6.0909 Exemptions Provided to English Language Learners Limited English Proficient Students.

(1) English Language Learners shall be assessed for academic progress using guidelines established under Section 1008.22, Florida Statutes. English Language Learners who have been enrolled in school in the United States for less than twelve (12) months may be exempted from the statewide assessment in reading and shall undertake the annual CELLA assessment in accordance with Rule 6A-6.0902, F.A.C. Students in grades 4 and 7, who have been in an ESOL program for two or fewer years may be exempted from participation in the statewide assessment program.

(2) Each school district shall administer CELLA to English Language Learners exempted from statewide assessment in accordance with subsection (1) of this rule offer alternatives to the statewide assessment program for the measurement of minimum standards in grades 4 and 7.

(a) The alternatives shall measure the same minimum standards as those measured by the statewide assessment program provided, however, that methods appropriate for the limited English proficient student are used.

(b) Remedial programming shall be provided to those students who do not meet the performance standards of the statewide assessment program.

(3) English Language Learners Limited English proficient students who have completed the credits required for graduation and who have failed to meet the 10th grade standards as measured by the Florida Comprehensive Assessment Test (FCAT) SSAT I and II or alternative statewide assessment program shall be eligible for compensatory education for “a thirteenth year” as provided in Section 1003.43, F.S.

(a) Alternative methods of meeting the standards of the FCAT SSAT-I or alternative statewide assessment program standards shall be used, where feasible, for English Language Learners limited English proficient students who are unable to demonstrate mastery of the standards due to deficiencies in English language proficiency.

(b) English Language Learners Limited English proficient students who failed to meet the standards after completing the “thirteenth year” may be eligible to be reported for FTE funding in the appropriate courses in the adult education program of the Florida Education Finance Program.

(4) The Department of Education shall assist the district in identifying or developing the alternative methods referenced in subsections (2) and (3) of this rule.

(5) If the number of English Language Learners limited English proficient students in a district is fewer than ten within a radius of twenty miles of a given school or within the school attendance zone, whichever is larger, a district may apply to the Florida Department of Education for an exemption from the delivery of basic ESOL through an ESOL teacher certified in ESOL for this group of students. Exemptions shall be granted on a one year basis, are renewable, and may be granted only if the district documents specific efforts to address the English language needs of its students.

(6) The Florida Department of Education shall review annually the personnel utilized in teaching English Language Learners limited English proficient students by program for the purpose of identifying the areas of need as “critical teacher shortage” areas. The State Board of Education shall take all necessary steps to assure that the benefits set forth in Section 1009.58, F.S., shall be made available to teachers in critical teacher shortage areas.

(7) Upon verification by a superintendent that the district has been unsuccessful in recruiting ESOL basic, ESOL subject matter, or home language instructors, and that certain positions at given schools cannot be filled during any school year with a person who meets the certification requirements in the Course Code Directory as adopted by reference in Rule 6A-1.09441, F.A.C., or the inservice requirements as specified in Rule 6A-6.0907, F.A.C., a teacher who does not meet the requirements may be assigned to such a classroom on conditions that meet the terms of Rule 6A-1.0503, F.A.C.

Specific Authority 1001.02 FS. Law Implemented 1003.56 FS., as amended by Chapter 2002-387, Laws of Florida. History–New 10-30-90, Amended________.

 

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

(1) The Department of Education shall provide accommodations for English Language Learners (ELLs) limited English proficient (LEP) students to enable them to fully participate in the statewide assessment program as defined in Sections 1008.22, 1008.34 and 1001.11, F.S.

(2) Each school board shall utilize appropriate test accommodations within the limits prescribed herein. School district personnel are required to implement the accommodations in a manner that ensures the test responses are the independent work of the student. Personnel are prohibited from assisting a student in determining how the student will respond or directing or leading the student to a particular response.

(3) School districts shall offer test accommodations to ELLs LEP students who currently are receiving services in a program operated in accordance with an approved ELL district LEP plan. The assessment tests may be administered with any one or a combination of the accommodations authorized herein that are determined to be appropriate for the individual student. Accommodations for statewide assessment tests shall include:

(a) High School Competency Test and Florida Comprehensive Assessment Test.

1. ELLs Students may be given additional time to complete each test section, and the entire test may be administered over one or more days. Students who begin any individual section of the test shall complete it in the same school day.

2. ELLs Students may be given access to English-to-heritage language/heritage language-to-English dictionaries such as those made available to ELLs LEP students in an instructional setting. A dictionary written exclusively in the heritage language or in English shall not be provided.

3. ELLs Students may be given the opportunity to be tested in a separate room with the English for Speakers of Other Languages (ESOL) or heritage language teacher serving as test administrator. If the ELL student is not of legal age, the parents of said student shall be informed of this particular accommodation and shall be given the opportunity to select the preferred method of test administration.

4. ELLs Students taking the mathematics test section may be provided limited assistance by the ESOL or heritage language teacher using the student’s heritage language. This assistance shall be as follows:

a. The teacher may answer student inquiries related to any of the test directions.

b. The teacher may answer specific inquiries concerning a word or phrase in a particular test question that is confusing the student because of limited English proficiency. In no case shall assistance be given the student in actually solving the mathematics questions.

c. Questions for clarification posed by individual students must be answered on an individual basis by the test administrator to prevent interference with another student’s ability to concentrate.

5. ELLs Students taking the communications or reading test sections may be provided limited assistance by the ESOL or heritage language teacher using the student’s heritage language. This assistance shall be as follows:

a. The teacher may answer student inquiries related to any of the general test directions as long as the ELL student is not unmistakably led to infer the correct answer to any of the questions.

b. The teacher shall not answer ELLs’ students’ inquiries about the reading passages, the question stems, or answer alternatives.

c. ELLs The students may have access to the dictionary specified in subparagraph (3)(a)2., F.A.C., of this rule, but the student is expected to read the reading passage, the question stems, and the answer alternatives in English.

6. ELLs taking the writing test may be provided limited assistance by the ESOL heritage language teacher using the student’s heritage language. This assistance shall be as follows:

(b) Writing Assessment Test.

a.1. Flexible setting. ELLs Students may be given the opportunity to be tested in a separate room with the ESOL or heritage language teacher serving as test administrator. If the ELL student is not of legal age, the parents of said student shall be informed of this particular accommodation and shall be given the opportunity to select the preferred method of test administration.

b.2. Assistance in the heritage language. The ESOL or heritage language teacher may answer student questions about the general test directions in their heritage language, but the teacher is prohibited from answering questions about the writing prompt.

c.3. Flexible scheduling. ELLs Students may take the test during several brief sessions within one school day. All testing must be completed within the prescribed testing period shown in the test administration manual.

d.4. Flexible timing. ELLs Students may be provided additional time beyond the time limit specified in the test administration manual for administration of the test to English proficient students non-LEP students.

e.5. Dictionary. ELLs LEP students may have access to English-to-heritage language/heritage language-to-English dictionaries, such as those made available to ELLs LEP students in an instructional setting. A dictionary written exclusively in the heritage language or in English shall not be provided.

(4) Each school board shall establish procedures whereby training shall be provided to the ESOL or heritage language teacher who is administering any of the statewide assessment tests. The training shall be designed to teach the teacher how to administer the statewide assessment tests within the limits prescribed in this rule.

(5) ELLs Limited English proficient students who otherwise are classified as exceptional education or handicapped students shall be afforded the additional test accommodations specified in Rule 6A-1.0943, F.A.C.

Specific Authority 1008.22(10) FS. Law Implemented 1003.43(8), 1008.22(3) FS. History–New 10-17-00, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Lori Rodriguez, Bureau of Student Achievement through Language Acquisition, Department of Education
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dr. Eric J. Smith, Commissioner of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 27, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 14, 2008