The purpose and effect of these proposed amendments are to (1) authorize electronic ELL student plans; (2) require districts to collect and use the date an ELL was enrolled in school in the United States as the starting date for evaluating whether ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NOS.:RULE TITLES:

6A-6.0901Definitions Which Apply to Programs for English Language Learners

6A-6.09022Extension of Services in English for Speakers of Other Languages (ESOL) Program

PURPOSE AND EFFECT: The purpose and effect of these proposed amendments are to (1) authorize electronic ELL student plans; (2) require districts to collect and use the date an ELL was enrolled in school in the United States as the starting date for evaluating whether ESOL services need to be extended past three years; and (3) allow districts until October 1 each school year to complete extension of services determinations for students whose anniversary dates fall within the first two weeks of school.

SUMMARY: Rule 6A-6.0901, F.A.C., is amended to allow the use of electronic files for ELL Student Plans. Rule 6A-6.09022, FAC., is amended to require Districts to collect the date an ELL entered a U.S. school per Florida’s approved Elementary and Secondary Education Act (ESEA) Waiver, and this date is now the ESOL program start date. The majority of ELLs’ anniversary dates fall within the first two weeks of school; therefore, the first two weeks are when the majority of Extensions of Services are needed. By allowing for the ELL Committee to meet by October 1, sufficient time will be provided for districts to re-evaluate student progress and analyze assessment results.

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 amendment allowing electronic recordkeeping offers cost savings. The proposed amendments providing greater flexibility in the deadline for districts to assess students for extension of ESOL services will have positive impact on regulatory costs, if any. The proposed amendments requiring that extension of services be determined after a student has been in the United States for three years rather than in the ESOL program 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 amendments 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, 1011.62 FS.

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

DATE AND TIME: September 17, 2013, 9:00 a.m.

PLACE: Forest Hill Community High School, 6901 Parker Avenue, West Palm Beach, FL 33405

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, [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-6.0901 Definitions Which Apply to Programs for English Language Learners.

(1) English Language Learner means “Limited English Proficient Student,” as defined in Section 1003.56, F.S.

(2) ELL means English Language Learner.

(3) ESOL means English for Speakers of Other Languages.

(4) Home or native language, when used with reference to a student of limited English proficiency, means the language normally used by such students, or the language normally used by the parents of the student.

(5) ELL Committee means a group composed of ESOL teachers and home language teachers, and an administrator or designee plus guidance counselors, social workers, school psychologists or other educators as appropriate for the situation. The parent/guardian will be invited to serve on the ELL Committee for his/her child.

(6) ELL student plan means a written document or an electronic file, which contains the student’s name, the date the plan was completed, instruction by program, including programs other than the ESOL provided, amount of instructional time or the instructional schedule, the date the student’s limited English proficiency is identified, and assessment data used to classify or reclassify the student as an English Language Learner, date of exit and assessment data used to exit students from the ESOL program as English proficient. Whether hard copy written document or an electronic file, each ELL Plan must be readily identifiable as the ELL Plan. Each completed plan must be maintained as a separate student record, and not replaced or over-written by subsequent data entries. The plan may be included in or attached to an existing student plan, individual educational plan, or may be a separate document for a given student or students, provided; however, if for “students,” an individual copy of the plan shall be maintained in each student’s file.

(7) Basic ESOL means the teaching of English to students whose native language is other than English using the English language as the medium of instruction.

(8) In accordance with Section 1003.56(3)(d), F.S., basic subject areas means instruction in reading, computer literacy, mathematics, science and social studies.

(9) Other subject areas means instruction in courses other than basic ESOL and basic subject areas, such as music, physical education and vocational courses.

(10) Student supportive services means services provided by guidance counselors, psychologists, social workers, visiting teachers, occupational placement specialists, health service providers, school administrators, district level program coordinators, teachers as advisors, or parents.

Rulemaking Authority 1001.02, 1003.56 FS. Law Implemented 1003.56 FS. History–New 10-30-90, Amended 5-7-09,_________.

 

6A-6.09022 Extension of Services in English for Speakers of Other Languages (ESOL) Program.

(1) Three (3) years after the date of an English Language Learner’s (ELL’s) initial enrollment in a school in the United States If a student is classified as an English Language Learner (ELL) after being enrolled in the English for Speakers of Other Languages (ESOL) program for three (3) years, an ELL Committee shall be convened annually to re-evaluate the student’s progress towards English language proficiency. The ELL Committee shall be convened no earlier than thirty (30) school days prior to the third anniversary of the student’s initial enrollment date in a school in the United States, and no later than the anniversary date, except if the student’s anniversary date falls within the first two (2) weeks of any school year, the ELL committee may convene no later than October 1. This process shall be completed annually thereafter.

(2) Any student being considered for extension of services shall be assessed on at least one (1) Department-approved assessment instrument. The assessment shall be administered no earlier than thirty (30) school days prior to the student’s anniversary date. The assessment may be any Department-approved assessment that covers all four (4) domains of listening, speaking, reading, and writing. If the student’s anniversary date falls between the release administration of the Comprehensive English Language Learning Assessment (CELLA) and applicable Florida Statewide Standardized Assessment scores in a given school year and October 1 of the following school year, the student’s CELLA and applicable Florida Statewide Standardized Assessment Florida Comprehensive Assessment Test (FCAT) scores will suffice, and a more recent assessment is not required. The assessment may be any Department-approved assessment that covers all four (4) domains of listening, speaking, reading, and writing.

(3) The ELL Committee shall review the student’s academic record holistically and shall consider the assessment results from the assessment administered under subsection (2) of this rule and the following criteria to determine whether the student is English language proficient:

(a) Extent and nature of prior educational or academic experience, social experience, and a student interview;

(b) Written recommendation and observation by current and previous instructional and supportive services staff;

(c) Level of mastery of basic competencies or skills in English and/or heritage language according to state or national criterion-referenced standards, if any;

(d) Grades from the current or previous years; and

(e) Test results from tests other than the assessment according to subsection (2) of this rule.

(4) If a majority of the ELL Committee determines that the student is not English language proficient, ESOL services shall be extended. If a majority of the ELL Committee determines that the student is English language proficient, the student shall be exited from the ESOL program. The parents’ preference as to whether the student is determined English language proficient or not English language proficient shall be considered in the final decision. If an ELL Committee extends services, the Committee shall refer the student as necessary for appropriate remedial, compensatory, special and supportive service evaluations, and programs.

(5) The basis and nature of the ELL Committee’s decision on whether to extend or not to extend ESOL services shall be documented and maintained in the student’s file.

(6) English Language Learners provided ESOL or heritage language instruction may be reported for funding in the Florida Educational Finance Program for a base period of three (3) years, and may be reported for funding for fourth, fifth, and sixth years of funding, as specified in Section 1011.62, F.S. Lack of a student’s ESOL funding eligibility does not relieve a school district of any obligation it may have under state or federal law to continue to provide appropriate services to ELLs beyond the state ESOL program funding limits.

Rulemaking Authority 1001.02, 1003.56 FS. Law Implemented 1003.56, 1011.62 FS. History–New 11-22-11, Amended_______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mary Jane Tappen, Deputy Chancellor for 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: August 7, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 31, 2012