The purpose of this rule amendment is to update the references to the statewide assessments and establish a standard for determining English language proficiency using the Florida Standards Assessment in English Language Arts (ELA) for the 2014-15 ...

 

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: The purpose of this rule amendment is to update the references to the statewide assessments and establish a standard for determining English language proficiency using the Florida Standards Assessment in English Language Arts (ELA) for the 2014-15 school year.

SUMMARY: The references to the Comprehensive English Language Learning Assessment (CELLA) are changed to statewide English Language Proficiency Assessment. The references to Florida Comprehensive Achievement Assessment (FCAT) in Reading are changed to the Florida Standards Assessment in English Language Arts (FSA in ELA). For 2014-15, a score at or above the 50th percentile on the grade level FSA in ELA would meet the exit criteria.

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: No requirement for SERC was triggered under Section 120.541(1), Florida Statutes. Updated references to current student achievement standards and statewide assessments will have no economic impact. The temporary criteria for 2014-15 are not anticipated to result in a substantial change in the number of students exited from the English for Speakers of Other Languages (ESOL) program.

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: April 15, 2015, 9:00 a.m.

PLACE: Department of Education, Turlington building, 325 West Gaines St., Suite 1703, Tallahassee, FL 32399

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Chane Eplin, Chief, Bureau of Student Achievement through Language Acquisition, Department of Education, [phone] or e-mail: [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 annual Comprehensive English Language Proficiency Learning Assessment (CELLA) and Florida Standards Comprehensive Achievement Assessment (FCAT) in English Language Arts (FSA in ELA) 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 statewide English Language Proficiency Assessment CELLA subtest administered annually pursuant to Rule 6A-6.9021, F.A.C.; and

2. Scores on applicable FSA in ELA Florida Comprehensive Achievement Tests (FCAT) in Reading, as follows:

a. For students in grades K-2, the statewide English Language Proficiency Assessment CELLA is the only assessment required and FCAT is not required;

b. For students in grades 3-11 9, earning scores at or above the 50th percentile on the grade level FSA in ELA administered in the 2014-2015 school year an achievement level of 3 or higher on applicable FCAT in Reading; or

c. For students in grades 11 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, F.S.

(b) Upon receipt of the statewide English Language Proficiency Assessment CELLA and FSA in ELA FCAT scores, schools shall exit students no later than the last school day of the school year. If the statewide English Language Proficiency Assessment CELLA or FSA in ELA FCAT Reading 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 FSA in ELA FCAT Reading examination was administered as the exit date.

(c) Notwithstanding a student’s statewide English Language Proficiency Assessment 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, according to the following procedures:

1. Any student being considered for exit by an ELL Committee shall be assessed on at least one (1) 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.

2. The ELL Committee shall review the student’s academic record holistically and shall consider the assessment results from the assessment administered under subparagraph (2)(a)(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 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)(a)(b)2. of this rule.

3. 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.

4. The ELL Committee shall document the records reviewed by the Committee, which must include each of the criteria in subparagraph (2)(c)2.(b)3., of this rule. The Committee’s decision shall be supported by at least two of the criteria established in subparagraph (2)(c)2.(b)3., of this rule, and the supporting criteria shall be documented in the student’s file.

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,______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mary Jane Tappen, Executive Vice Chancellor, K-12 Public Schools

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pam Stewart, Commissioner, Department of Education

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 5, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 26, 2015