The purpose of this rule amendment is to update the District English Language Learner Plan to align with rule revisions relating to the evaluation, classification, assessment, extension of services, and exit of ELLs and require the plan to be ...

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO.: RULE TITLE:
6A-6.0905: Requirements for the District English Language Learners Plan
PURPOSE AND EFFECT: The purpose of this rule amendment is to update the District English Language Learner Plan to align with rule revisions relating to the evaluation, classification, assessment, extension of services, and exit of ELLs and require the plan to be submitted electronically. The effect will be a rule aligned with current practices.
SUMMARY: The proposed rule amendment updates the District English Language Learner Plan to reflect revisions made to Rules 6A-6.0902, 6A-6.09021, 6A-6.09022, 6A-6.0903, and 6A-6.09031, F.A.C.
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: 1) no requirement for SERC was triggered under Section 120.541(1), Florida Statutes, and; 2) based upon prior experience with the submission of the District ELL Plans, the proposed revisions will add no additional costs and the adverse impact or regulatory cost, if any, do 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 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: July 17, 2012, 8:00 a.m.
PLACE: Broward College, Fort Lauderdale, FL 33301
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Pam Stewart, Chancellor, Division of Public Schools, 325 West Gaines Street, Room 1502, Tallahassee, Florida 32399

THE FULL TEXT OF THE PROPOSED RULE IS:

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 limited English proficient students and must receive the Commissioner of Education’s approval prior to program implementation.

(2) Councils representing parents of ELLs shall be consulted prior to the submission of the school district ELL 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 plan and approve, disapprove, or return for clarification or further elaboration within sixty (60) days of submission.

(4) A school district ELL plan shall be updated and resubmitted every three (3) 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 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 online template ESOL 100 entitled, “District Plan for Services to English Language Learners Plan,” (08/2012) (05/2009) 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.

Rulemaking Authority 1001.02, 1003.56 FS. Law Implemented 1003.56 FS. History–New 10-30-90, Amended 5-28-09,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Pam Stewart, Chancellor, Division of Public Schools
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Gerard Robinson, Commissioner, Department of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 12, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 22, 2011