Update language to clarify that the English Language Learners’ (ELLs) entry date for the English Language Arts (ELA) assessment exemption is the Date Entered a United States School (DEUSS).

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-1.09432Assessment of English Language Learners

PURPOSE AND EFFECT: Update language to clarify that the English Language Learners’ (ELLs) entry date for the English Language Arts (ELA) assessment exemption is the Date Entered a United States School (DEUSS).

SUMMARY: The revision clarifies that an ELL’s Date Entered a United States School identifies eligibility for an exemption from the ELA assessment.

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 statewide assessments will have no economic impact.

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: 1008.22 FS.

LAW IMPLEMENTED: 1003.56, 1008.22, 1008.25, 1008.34, 1011.62, FS.

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

DATE AND TIME: May 20, 2016, 9:00 a.m.

PLACE: DoubleTree by Hilton, 5780 Major Blvd., Orlando, Florida 32819

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-1.09432 Assessment of English Language Learners.

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

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

(a) No change.

(b) The ELL committee shall exempt an English Language Learner from participation in the English Language Arts 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) through (6) No change.

Rulemaking Authority 1008.22 FS. Law Implemented 1003.56, 1008.22, 1008.25, 1008.34, 1011.62 FS. History–New 4-29-02, Amended 4-21-09,_______.

 

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: April 15, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 1, 2016