The purpose and effect of this amendment is to clarify which English Language Learners (ELLs) should be annually assessed on the English Language Proficiency assessment in response to a recent audit finding by the United States Department of ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

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

PURPOSE AND EFFECT: The purpose and effect of this amendment is to clarify which English Language Learners (ELLs) should be annually assessed on the English Language Proficiency assessment in response to a recent audit finding by the United States Department of Education.

SUMMARY: All students classified as ELLs on the first day of the test administration shall be annually assessed on the Comprehensive English Language Learning Assessment (CELLA). Students pending assessment and classification and former ELLs shall not be assessed on CELLA.

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. The proposed comports with federal law and does not alter the amount of funding a district receives for a student (which is based on the number of years in the ESOL program); therefore, no negative impact on regulatory costs would be anticipated. There would be no other economic impact from the proposed amendment and the adverse impact or regulatory cost, if any, does not exceed nor would be expected to exceed any one of the economic analysis criteria set forth in Section 120.541(2)(a), Florida Statutes.

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: May 20, 2014, 8:30 a.m. (CST)

PLACE: Santa Rosa School Board Office, 5086 Canal Street, Milton, FL 32570

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Chane Eplin, Bureau Chief, Bureau of Student Achievement through Language Acquisition, 325 West Gaines Street, Suite 444, Tallahassee, Florida 32399

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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 Comprehensive English Language Learning Assessment (CELLA). Students pending assessment and classification and former ELLs shall not be assessed on CELLA. A former ELL shall be assessed on CELLA during the school year in which the student exits from the English for Speakers of Other Languages (ESOL) program.

(2) through (5) No change.

Rulemaking Authority 1001.02, 1003.56 FS. Law Implemented 1003.56 FS. History–New 10-26-11, Amended__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mary Jane Tappen, Deputy Chancellor of Curriculum, Instruction and Student Services

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 18, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 26, 2014