The purpose and effect of this amendment is to clarify the allowable accommodations for English Language Learners (ELLs) on statewide assessments to match the current standardized test administration manuals.

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

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

PURPOSE AND EFFECT: The purpose and effect of this amendment is to clarify the allowable accommodations for English Language Learners (ELLs) on statewide assessments to match the current standardized test administration manuals.

SUMMARY: This amendment updates references to the statewide standardized assessments, specifically on accommodations provided to ELLs in Florida’s public schools. Accommodations for ELLs will be available and expanded to include use of electronic translation dictionaries and assistance in heritage language for Florida Standards Assessments (FSA) English Language Arts (ELA) Reading items and answer choices. In addition, a proposed provision clarifies that provided accommodations be implemented in a manner that tests the independent work of the student and cannot assist a student in determining the answer to a test question. A further clarification is proposed that ELLs that are not currently enrolled in public schools or receiving services through public school programs are entitled to receive accommodations.

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 and provision of identified accommodations on statewide standardized assessments to ELLs 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: 1001.02, 1008.22 FS.

LAW IMPLEMENTED: 1008.22 FS.

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

DATE AND TIME: September 21, 2015, 9:00 a.m.

PLACE: The SEED School of Miami, located at Florida Memorial University, 15800 NW 42nd Avenue, Miami Gardens, FL 33054

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-6.09091 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 Sections 1008.22, 1008.34 and 1001.11, 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 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) Flexible Setting. ELLs may be offered the opportunity to be tested in a separate room with the English for Speakers of Other Languages (ESOL) or heritage language teacher serving as test administrator. Parents must be informed of this option for students not of legal age and shall be given the opportunity to select the preferred method of test administration.

(b) Flexible Scheduling. ELLs may take a test session during several brief periods within one (1) school day;  however, each test session must be completed within one (1) school day. ELLs may be provided additional time to complete a test session; however, each test session must be completed within one (1) school day.

(c) Assistance in the Heritage Language.  ELLs may be provided limited assistance by an ESOL or heritage language teacher using the student’s heritage language for directions, prompts, items, and answer choices. This should not be interpreted as permission to provide oral presentation of prompts, items, and answer choices in English or in the student’s heritage language. Assistance may not be provided for passages in Reading and Writing tests. Assistance in the heritage language shall be limited to the following:

1. The ESOL or heritage language teacher or other trained individual familiar with the student may answer questions about the general test directions in the student’s heritage language. If the test is administered to a group of students, the teacher may answer questions about directions for the benefit of the group. Questions of clarification from individual students must be answered on an individual basis without disturbing other students.

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 be provided for words or phrases in Reading and Writing passages.

(d) Approved Dictionary. ELLs should must have access to English-to-heritage language/heritage language-to-English dictionaries, such as those made available to ELLs in an instructional setting. The dictionary must provide word-to-word translations only and may not contain definitions or other information. A dictionary writtten exclusively in the heritage language or in English shall not be provided. Electronic translation dictionaries that meet the same requirements without accessing the Internet may be used. test accommodations within the limits prescribed herein. School district personnel are required to implement the accommodations in a manner that ensures the test responses are the independent work of the student. Personnel are prohibited from assisting a student in determining how the student will respond or directing or leading the student to a particular response.

(3) The accommodations described in subsection (2) of this rule shall be offered to any student who has been identified as  limited English proficient pursuant to Section 1003.56(2)(a), F.S., and is School districts shall offer test accommodations to ELLs students who currently are receiving services in a program operated in accordance with an approved ELL district plan. The statewide standardized assessments tests may be administered with any one (1) or a combination of the accommodations authorized herein that are determined to be appropriate for the individual student. Accommodations for statewide assessment tests shall include:

Florida Comprehensive Assessment Test.

(4) District personnel are required to implement the accommodations in a manner that ensures that the test responses are the independent work of the student. Personnel are prohibited from assisting a student in determining how the student will respond or directing or leading the student to a particular response. In no case shall the accommodations authorized herein be interpreted or construed as an authorization to provide a student with assistance in determining the answer to any test item.

(a) ELLs may be given additional time to complete each test section, and the entire test may be administered over one or more days. Students who begin any individual section of the test shall complete it in the same school day.

(b) ELLs may be given access to English-to-heritage language/heritage language-to-English dictionaries such as those made available to ELLs in an instructional setting. A dictionary written exclusively in the heritage language or in English shall not be provided.

(c) ELLs may be given the opportunity to be tested in a separate room with the English for Speakers of Other Languages (ESOL) or heritage language teacher serving as test administrator. If the ELL is not of legal age, the parents of said student shall be informed of this particular accommodation and shall be given the opportunity to select the preferred method of test administration.

(d) ELLs taking the mathematics test section may be provided limited assistance by the ESOL or heritage language teacher using the student’s heritage language. This assistance shall be as follows:

1. The teacher may answer student inquiries related to any of the test directions.

2. The teacher may answer specific inquiries concerning a word or phrase in a particular test question that is confusing the student because of limited English proficiency. In no case shall assistance be given the student in actually solving the mathematics questions.

3. Questions for clarification posed by individual students must be answered on an individual basis by the test administrator to prevent interference with another student’s ability to concentrate.

(e) ELLs taking the communications or reading test sections may be provided limited assistance by the ESOL or heritage language teacher using the student’s heritage language. This assistance shall be as follows:

1. The teacher may answer student inquiries related to any of the general test directions as long as the ELL is not unmistakably led to infer the correct answer to any of the questions.

2. The teacher shall not answer ELLs’ inquiries about the reading passages, the question stems, or answer alternatives.

3. ELLs may have access to the dictionary specified in subparagraph (3)(a)2., F.A.C., of this rule, but the student is expected to read the reading passage, the question stems, and the answer alternatives in English.

(f) ELLs taking the writing test may be provided limited assistance by the ESOL heritage language teacher using the student’s heritage language. This assistance shall be as follows:

1. Flexible setting. ELLs may be given the opportunity to be tested in a separate room with the ESOL or heritage language teacher serving as test administrator. If the ELL is not of legal age, the parents of said student shall be informed of this particular accommodation and shall be given the opportunity to select the preferred method of test administration.

2. Assistance in the heritage language. The ESOL or heritage language teacher may answer student questions about the general test directions in their heritage language, but the teacher is prohibited from answering questions about the writing prompt.

3. Flexible scheduling. ELLs may take the test during several brief sessions within one school day. All testing must be completed within the prescribed testing period shown in the test administration manual.

4. Flexible timing. ELLs may be provided additional time beyond the time limit specified in the test administration manual for administration of the test to English proficient students.

5. Dictionary. ELLs may have access to English-to-heritage language/heritage language-to-English dictionaries, such as those made available to ELLs in an instructional setting. A dictionary written exclusively in the heritage language or in English shall not be provided.

(5)(4) Each school board shall establish procedures whereby training shall be provided to the ESOL or heritage language teacher who is administering any of the statewide standardized assessments tests. The training shall be designed to train teach the teacher how to administer the statewide standardized assessments tests within the limits prescribed in this rule.

(6)(5) ELLs who otherwise are classified as students with disabilities as defined by Section 1003.01(3)(a), F.S., or who have been determined eligible and have a plan developed in accordance with Section 504 of the Rehabilitation Act exceptional education or handicapped students shall be afforded the additional test accommodations specified in Rule 6A-1.0943, F.A.C.

(7) Students who are not currently enrolled in public schools or receiving services through public school programs and require accommodations in order to participate in the statewide standardized assessment program shall have access to accommodations identified in subsection (2) of this rule if the student was classified as limited English proficient pursuant to Section 1003.56(2)(a), F.S., at the time of exit from the public school or public school program.

Rulemaking Authority 1001.02, 1008.22 FS. Law Implemented 1003.43(8), 1008.22, 1003.56 FS. History–New 10-17-00, Amended 5-5-09,.

 

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: August 10, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 30, 2015