The purpose of these rule amendments are to update the referenced rules as necessary, including the following revisions: Rule 6A-6.0900 - update list of rules applicable to ESOL programs and to add recently adopted rules to the existing list; ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NOS.:RULE TITLES:

6A-6.0900Programs for English Language Leaners

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

6A-6.0905Requirements for the District English Language Learners Plan

6A-6.0909Exemptions Provided to English Language Learners

PURPOSE AND EFFECT: The purpose of these rule amendments are to update the referenced rules as necessary, including the following revisions: Rule 6A-6.0900, F.A.C. – update list of rules applicable to ESOL programs and to add recently adopted rules to the existing list; Rule 6A-6.09022, F.A.C. – update references to the statewide standardized assessment (formerly FCAT) and the statewide English Language Proficiency Assessment; make necessary changes in grammar to clarify the deadline for re-evaluation of a student’s progress towards English language proficiency for purposes of extension of services; Rule 6A-6.0905, F.A.C. – clarify the Department’s obligation to consider objections by any school district parent leadership councils representing parents of English Language Learners (ELLs) to any district ELL plan under Department review; revise requirement to submit the district ELL plan via an online template to instead require submission on an incorporated form; and Rule 6A-6.0909, F.A.C. – update references to the statewide standardized assessment (formerly FCAT) and the statewide English Language Proficiency Assessment; remove exemption option for school districts to have ESOL-endorsed instructors if they have fewer than ten ELLs within a radius of 20 miles of a given school or attendance zone, whichever is larger.

SUMMARY: The proposed rulemaking is to update the list of rules, update how statewide standardized assessments are referenced; make changes in grammar; clarify the Florida Department of Education’s obligation to consider all school district parent leadership councils’ objections to any District ELL Plan; and remove exemption option for school districts to have ESOL-endorsed instructors if they have fewer than ten ELLs within a radius of 20 miles of a given school or attendance zone.

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. There will be no economic impact relating to the district ELL plan as only the format for submission will change from online to hard copy. Removal of the exemption from having certified or endorsed ESOL instructors in districts and schools with few ELLs will cause some expense because impacted districts or schools may incur costs associated with training for previously unqualified instructors. However, the number of impacted districts, schools and teachers will be small, and the cost of the training, while unknown, is not anticipated to exceed $200,000 within one year. 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: September 29, 2014, 8:30 a.m.

PLACE: Tampa Airport Marriott, 4200 George J. Bean Parkway, Duval Conference Room, Tampa, Florida 33607

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Chane Eplin, Chief, Bureau of Student Achievement through Language Acquisition, 325 West Gaines Street, Room 444, Tallahassee, Florida 32399-0400

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-6.0900 Programs for English Language Learners.

(1) No change.

(2) The education and related services as described above shall be provided in accordance with the rules listed below:

(a) Rule 6A-6.0901, F.A.C., Definitions Which Apply to Programs for English Language Learners.

(b) Rule 6A-6.0902, F.A.C., Requirements for Identification, Eligibility Programmatic and Annual Assessments of English Language Learners.

(c) Rule 6A-6.09021, F.A.C., Annual English Language Proficiency Assessment for English Language Learners (ELLs).

(d) Rule 6A-6.09022, F.A.C., Extension of Services in English for Speakers of Other Languages (ESOL) Program.

(e)(c) Rule 6A-6.0903, F.A.C., Requirements for Exiting English Language Learners from the English for Speakers of Other Languages Program Classification, Reclassification, and Post Reclassification of English Language Learners.

(f) Rule 6A-6.09031, F.A.C., Post Reclassification of English Language Learners (ELLs).

(g)(d) Rule 6A-6.0904, F.A.C., Equal Access to Appropriate Instruction for English Language Learners.

(h)(e) Rule 6A-6.0905, F.A.C., Requirements for the District English Language Learners Plan.

(i)(f) Rule 6A-6.0906, F.A.C., Monitoring of Programs for English Language Learners.

(j)(g) Rule 6A-6.0907, F.A.C., Inservice Requirements for Personnel of Serving English Language Learners.

(k)(h) Rule 6A-6.0908, F.A.C., Equal Access for English Language Learners to Programs Other Than English for Speakers of Other Languages (ESOL).

(l)(i) Rule 6A-6.0909, F.A.C., Exemptions Provided to English Language Learners.

(m)(j) Rule 6A-6.09091, F.A.C., Accommodations of the Statewide Assessment Program Instruments and Procedures for English Language Learners.

(n)(k) Rule 6A-4.0245, F.A.C., Specialization Requirements for Certification in English for Speakers of Other Languages (Grades K-12) – Academic Class.

(o)(l) Rule 6A-4.02451, F.A.C., Performance Standards, Skills, and Competencies for the Endorsement in English for Speakers of Other Languages.

(p)(m) Rule 6A-1.0503, F.A.C., Definition of Qualified Instructional Personnel.

(q)(n) Rule 6A-4.0244, F.A.C., Specialization Requirements for the Endorsement in English to Speakers of Other Languages – Academic Class.

(r)(o) Rule 6A-1.09441, F.A.C., Requirements for Programs and Courses Which are Funded Through the Florida Education Finance Program and for Which the Student May Earn Credit Toward High School Graduation.

(s)(p) Rule 6A-1.09432, F.A.C., Assessment of English Language Learners.

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

 

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, 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, unless except if the student’s anniversary date falls within the first two (2) weeks of any school year., Then, 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 of the statewide English Language Proficiency assessment Comprehensive English Language Learning Assessment (CELLA) and applicable Florida sStatewide sStandardized aAssessment scores in a given school year and October 1 of the following school year, the student’s statewide English Language Proficiency assessment CELLA and applicable Florida sStatewide sStandardized aAssessment scores will suffice, and a more recent assessment is not required.

(3) through (6) No change.

Rulemaking Authority 1001.02, 1003.56  FS. Law Implemented 1003.56, 1011.62 FS. History–New 11-22-11, Amended 10-22-13,_________.

 

6A-6.0905 Requirements for the District English Language Learners Plan.

(1) No change.

(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 any the councils’ objections to any district ELL plan approval in its review.

(3) through (4) No change.

(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 Form online template ESOL 100 entitled, “District English Language Learner Plan (http://www.flrules.org/Gateway/reference.asp?No=Ref-_____01497),” (September 2014) (08/2012) which is hereby incorporated by reference to become a part of this rule. Copies of this form 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 form template available at http://www.fldoe.org/aala/omspubpg.asp 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, 8-23-12,_________.

 

6A-6.0909 Exemptions Provided to English Language Learners.

(1) English Language Learners shall be assessed for academic progress using guidelines established under Section 1008.22, F.S. English Language Learners who have been enrolled in school in the United States for less than twelve (12) months may be exempted from the statewide assessment in English Language Arts reading and shall undertake the annual statewide English Language proficiency CELLA assessment in accordance with Rule 6A-6.0902, F.A.C.

(2) Each school district shall administer the statewide English Language proficiency assessment CELLA to English Language Learners exempted from statewide assessment in accordance with subsection (1) of this rule.

Remedial programming shall be provided to those students who do not meet the performance standards of the statewide assessment program.

(3) English Language Learners who have completed the credits required for graduation and who have failed to meet the 10th grade standards as measured by the statewide standardized assessment Florida Comprehensive Assessment Test (FCAT) shall be eligible for compensatory education for “a thirteenth year” as provided in Section 1003.43, F.S.

(a) Alternative methods of meeting the standards of the statewide standardized assessment FCAT shall be used, where feasible, for English Language Learners who are unable to demonstrate mastery of the standards due to deficiencies in English language proficiency.

(b) English Language Learners who failed to meet the standards after completing the “thirteenth year” may be eligible to be reported for FTE funding in the appropriate courses in the adult education program of the Florida Education Finance Program.

(4) The Department of Education shall assist the district in identifying or developing the alternative methods referenced in subsection (3) of this rule.

(5) If the number of English Language Learners in a district is fewer than ten within a radius of twenty miles of a given school or within the school attendance zone, whichever is larger, a district may apply to the Florida Department of Education for an exemption from the delivery of basic ESOL teacher certified in ESOL. Exemptions shall be granted on a one year basis, are renewable, and may be granted only if the district documents specific efforts to address the English language needs of its students.

(5)(6) The Florida Department of Education shall review annually the personnel utilized in teaching English Language Learners by program for the purpose of identifying the areas of need as “critical teacher shortage” areas. The State Board of Education shall take all necessary steps to assure that the benefits set forth in Section 1009.58, F.S., shall be made available to teachers in critical teacher shortage areas.

(6)(7) Upon verification by a superintendent that the district has been unsuccessful in recruiting ESOL basic, ESOL subject matter, or home language instructors, and that certain positions at given schools cannot be filled during any school year with a person who meets the certification requirements in the Course Code Directory as adopted by reference in Rule 6A-1.09441, F.A.C., or the inservice requirements as specified in Rule 6A-6.0907, F.A.C., a teacher who does not meet the requirements may be assigned to such a classroom on conditions that meet the terms of Rule 6A-1.0503, F.A.C.

Rulemaking Authority 1001.02, 1003.56, 1008.22 FS. Law Implemented 1003.56, 1008.22 FS. History–New 10-30-90, 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: September 3, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 19, 2014