To clarify “appropriate and allowable accommodations for statewide standardized assessments” for English Language Learners. The effect will include updated descriptions of the approved dictionaries and glossaries in print, ....

 

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: To clarify “appropriate and allowable accommodations for statewide standardized assessments” for English Language Learners. The effect will include updated descriptions of the approved dictionaries and glossaries in print, electronic, and digital formats; and procedures to ensure access to only these tools and websites during test administration. Students in grades K through 2 may be provided with a picture translation dictionary or glossary that meets the requirements of the rule.

SUMMARY: This rule outlines the accommodations to statewide assessment and procedures for English Language Learners. It also intends to clarify “appropriate and allowable accommodations for statewide standardized assessments” for English Language Learners. This amendment will further provide accommodations in the statewide standardized assessment program as defined in Section 1008.22(3)(d)3., F.S.

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: This proposed rule is not expected to have any adverse impact on economic growth, business competitiveness or any other factors listed in s. 120.541(2)(a), F.S., and will not require legislative ratification. This is based upon the nature of the testing accommodations and experience with similar accommodations in the past.

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, F.S.

LAW IMPLEMENTED: 1008.22(3)(d), F.S.

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

DATE AND TIME: March 22, 2023, 9:00 a.m.

PLACE: Tallahassee Community College, Student Union Ballroom, 444 Appleyard Dr., Tallahassee, FL 32304.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Dr. Arlene Costello, Chief, Bureau of Student Achievement Through Language Acquisition (SALA), Division of Public Schools, [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) No change.

(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 or glossary 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) through (c) No change.

(d) Approved Dictionary and Glossary. ELLs must have access to English-to-heritage language/heritage language-to-English dictionaries or glossaries or both, in print, electronic, or digital format, such as those made available to ELLs in an instructional setting. The dictionary or glossary must provide word-to-word translations only and may not contain definitions or other information. A dictionary or glossary written exclusively in the heritage language or in English shall not be provided. If the dictionary, glossary, or website uses the Internet, schools must ensure that students have access only to the dictionary, glossary, or website that meets the same requirements and must not have access to any other sites. Students in Grades K through 2 may be provided with a picture translation dictionary or glossary that meets the requirements of this paragraph. Electronic translation dictionaries or glossaries that meet the same requirements without accessing the Internet may be used.

(3)(a) through (7) No change.

Rulemaking Authority 1001.02, 1008.22 FS. Law Implemented 1008.22 FS. History–New 10-17-00, Amended 5-5-09, 10-26-15, 5-30-17, 12-22-19,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Arlene Costello, Chief, Bureau of Student Achievement Through Language Acquisition (SALA), Division of Public Schools.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Manny Diaz Jr., Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 09, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 17, 2023