Amend rules relating to services for ELLs in Florida public schools, update identification procedures for prospective ELLs to address the requirements in the Every Student Succeeds Act, Public Law No. 114-95 (2015) (“ESSA”), and to update ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NOS.:RULE TITLES:

6A-6.0902Requirements for Identification, Eligibility, and Programmatic Assessments of English Language Learners

6A-6.09021Annual English Language Proficiency Assessment for English Language Learners (ELLs)

6A-6.0905Requirements for the District English Language Learners Plan

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

PURPOSE AND EFFECT: Amend rules relating to services for ELLs in Florida public schools, update identification procedures for prospective ELLs to address the requirements in the Every Student Succeeds Act, Public Law No. 114-95 (2015) (“ESSA”), and to update requirements for the annual English language proficiency assessment, including the following revisions: 6A-6.0902, F.A.C. - These amendments meet the requirements of ESSA, so prospective ELLs are assessed and placed in the English for Speakers of Other Languages program within time frames established under ESSA and that parents receive timely notices that include information required under ESSA. 6A-6.09021, F.A.C. - This amendment adopts the assessments as an ongoing requirement. In addition, the name of the kindergarten assessment will be updated, and the proposed rule will clarify the current English language proficiency level. 6A-6.0905, F.A.C. – Amend the Department’s online template ESOL 100 entitled, “District English Language Learners (ELL) Plan,” incorporated by reference, to reflect revisions to the requirements of Rule 6A-6.0902, F.A.C. 6A-6.09091, F.A.C. - This amendment includes use of a bilingual glossary as an approved accommodation.

SUMMARY: Amending rules relating to services for ELLs in Florida public schools.

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: The 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. Further, any possible increase in regulatory costs as a result of the enhanced notice to parents is expected to be minimal and absorbed by the school districts with existing resources.

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, 1008.22, FS.

LAW IMPLEMENTED: 1003.56, 1008.22, 1011.62, FS.

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

DATE AND TIME: April 26, 2017, 10:00 a.m.

PLACE: Conference Call: 1-[phone], Passcode: 420 352 90.

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 email [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-6.0902 Requirements for Identification, Eligibility, and Programmatic Assessments of English Language Learners.

(1) No change.

(2) Assessment to determine eligibility for appropriate services and funding.

(a) Each student who responded “yes” to any question on the home language survey shall be assessed to determine if the student is limited English proficient based on one of the standards set forth in this subsection. Any student identified by the home language survey who also meets one of the standards in subparagraphs (2)(a)1., 2. and 3. of this rule shall be classified as an English Language Learner (ELL) and shall receive appropriate instruction and funding as specified in Sections 1003.56 and 1011.62, F.S.

1. Any student in grades K through 12 who scores within the limited English proficient range as determined by the publisher’s standards on a Department of Education approved aural and oral language proficiency test or scores below the English proficient level on a Department of Education approved assessment in listening and speaking, shall be classified as an English Language Learner and shall be provided appropriate services. Assessment of each student’s aural and oral proficiency or listening and speaking should be completed as soon as possible after the student’s initial enrollment but not later than twenty (20) school days after the student’s enrollment. unless documented in the following manner:

a. The documentation shall include the reason for the delay, evidence that the student is accorded the programming required for ELLs pending the delay, and a specific timetable for completing the assessment.

b. This documentation shall be mailed to the parents in the language they understand, unless clearly not feasible no later than eight (8) weeks after initial enrollment.

c. A copy shall be retained in the student’s files for a minimum of one (1) year.

Prospective kindergarten students may be assessed prior to enrollment during a kindergarten roundup evaluation so long as the assessment is given no earlier than May 1 of the calendar year the student will enroll.

2. Any student in grade 3 or above, who scores at or below 32nd percentile on reading comprehension and writing or language usage subtests of a nationally norm referenced test or scores below the English proficient level on a Department of Education approved assessment in reading and writing shall be classified as an English Language Learner and provided appropriate services. The assessment in reading and writing shall be completed as soon as possible after initial enrollment, but not later than thirty (30) twenty (20) school days after enrollment the aural and oral assessment or listening and speaking assessment.

3. No change.

(b) through (d) No change.

(e) Notice. Each school or school district shall provide notice to parents of an ELL identified for participation or participating in a language instruction educational program, within thirty (30) days after the beginning of the school year or, for students who were not identified prior to the beginning of the school year, but were identified during the school year, within the first two (2) weeks of the student being placed in a language instruction educational program.  The notice shall inform the parent of the following:

1. The reasons for the identification of their child as an ELL and the need for the child’s placement in a language instruction educational program;

2. The child’s level of English proficiency, how such level was assessed, and the status of the child’s academic achievement;

3. The methods of instruction used in the program in which their child is, or will be, participating and the methods of instruction used in other available programs, including how such programs differ in content, instructional goals, and the use of English and a native language in instruction;

4. How the program in which their child is, or will be, participating will meet the educational strengths and needs of their child;

5. How such program will specifically help their child learn English and meet age-appropriate academic achievement standards for grade promotion and graduation;

6. The specific exit requirements for the program, including the expected rate of transition from such program into classrooms that are not tailored for ELLs, and the expected rate of graduation from high school (for students in high schools);

7. In the case of a student with a disability, how such program meets the objectives of the individualized education program of the student; and

8. Information pertaining to parental rights that includes written guidance—

a. Detailing the right that parents have to have their child immediately removed from such program upon their request;

b. Detailing the options that parents have to decline to enroll their child in such program or to choose another program or method of instruction, if available; and

c. Assisting parents in selecting among various programs and methods of instruction, if more than one program or method is offered.

(3) Programmatic Assessment.

(a) through (c) No change.

(d) Parents have the right to have their child immediately removed from a language instruction educational program and to decline to enroll the student in such a program or choose other instructional options, if available. For purposes of this subparagraph, a “language instruction educational program” means an instruction course in which an ELL is placed for the purpose of developing and attaining English proficiency and which may make instructional use of both English and a child’s heritage language. Nothing herein shall alter the duty of the district to provide highly qualified, duly certified or endorsed ESOL instructors in accordance with Rule 6A-1.09441, F.A.C., and the Course Code Directory and Instructional Personnel Assignments that is incorporated by reference therein. If any parent or guardian of an ELL communicates a refusal to have his or her child enrolled in an ELL program, the District shall have the student’s principal or another representative of the school meet with the parent to:

1. through 3. 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,____.

 

6A-6.09021 Annual English Language Proficiency Assessment for English Language Learners (ELLs).

(1) All students classified as ELLs on the first day of the test administration shall be assessed annually on the Assessing Comprehension and Communication in English State-to-State for English Language Learners 2.0 suite of assessments (ACCESS for ELLs 2.0), including Kindergarten ACCESS for ELLs 2.0 for kindergarten students, ACCESS for ELLs 2.0 for grades 1-12 students, or Alternate ACCESS for ELLs 2.0 for students with significant cognitive disabilities. Students pending assessment and classification and former ELLs shall not be assessed on ACCESS for ELLs 2.0 suite of assessments.

(2) The ACCESS for ELLs 2.0 suite of assessments shall be administered in accordance with standard written instructions appropriate for the examination. The written instructions will be issued by the Commissioner in the form of directions for administration and other written communications, and provided to school districts in sufficient time prior to each test.

(3) No change.

(4) For students taking any the 2015-2016 administration of the Kindergarten ACCESS for ELLs or the ACCESS for ELLs 2.0 assessments, the English language proficiency level shall be a 4.0 5.0 composite score or greater and at least 4.0 in the all domains of reading . For students with significant cognitive disabilities taking any the 2015-2016 administration of the Alternate ACCESS for ELLs 2.0 assessment, the proficiency level shall be a P1 composite score or greater.

Rulemaking Authority 1001.02, 1003.56 FS. Law Implemented 1003.56 FS. History–New 10-26-11, Amended 6-25-14, 6-23-16, ____.

 

6A-6.0905 Requirements for the District English Language Learners Plan.

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

(2) through (4) No change.

(5) School district ELL plan format.

(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 Form ESOL 100 entitled, “District English Language Learners (ELL) Plan (http://www.flrules.org/Gateway/reference.asp?No=Ref-06767),” (May 2017 June 2016) which is hereby incorporated by reference to become a part of this rule. Copies of this form 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.

Rulemaking Authority 1001.02, 1003.56 FS. Law Implemented 1003.56 FS. History–New 10-30-90, Amended 5-28-09, 8-23-12, 12-23-14, 6-23-16, ____.

 

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) Each school board shall utilize appropriate and allowable accommodations for statewide standardized assessments within the limits prescribed herein. Accommodations are defined as adjustments to settings for administration of statewide standardized assessments, adjustments to scheduling for the administration of statewide standardized assessments to include amount of time for administration, assistance in heritage language during the administration of statewide standardized assessments, and the use of an approved translation dictionary or glossary to facilitate the student’s participation in statewide standardized assessments. Accommodations that negate the validity of  statewide standardized assessments are not allowable.

Accommodations shall include:

(a) through (c)1. No change.

2. The ESOL or heritage language teacher or other trained individual familiar with the student may answer specific questions about a word or phrase in a prompt, item, or answer choice that is confusing the student because of limited English proficiency but is prohibited from giving assistance that will help the student produce, correct, or edit responses. Assistance may not NOT be provided for words or phrases in Reading and Writing passages.

(d) Approved Dictionary and Glossary. ELLs should must have access to English-to-heritage language/heritage language-to-English dictionaries or glossaries or both, such as those made available to ELLs in an instructional setting. The dictionary or glossary must provide word-to-word translations only and may not contain definitions or other information. A dictionary or glossary writtten exclusively in the heritage language or in English shall not be provided. Electronic translation dictionaries or glossaries that meet the same requirements without accessing the Internet may be used.

(3) 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, ____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Hershel Lyons, 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 27, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 24, 2017