Update language for English Language Learners (ELLs) services in Florida public schools; revise language to reflect the new statewide English Language proficiency ACCESS for ELLs 2.0 assessments and current achievement levels; update the Florida ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NOS.:RULE TITLES:

6A-6.09021Annual English Language Proficiency Assessment for English Language Learners (ELLs)

6A-6.0903Requirements for Exiting English Language Learners from the English for Speakers of Other Languages Program

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

PURPOSE AND EFFECT: Update language for English Language Learners (ELLs) services in Florida public schools; revise language to reflect the new statewide English Language proficiency ACCESS for ELLs 2.0 assessments and current achievement levels; update the Florida Standards Assessment in English Language Arts (FSA in ELA) to reflect revised ESOL program exit criteria; and update the new District English Language Learners Plan, Form ESOL 100 to reflect ELL student achievement.

SUMMARY: Rule 6A-6.09021-update language for English Language Learners (ELLs) services in Florida public schools and revise language to reflect the new statewide English Language proficiency ACCESS for ELLs 2.0 assessments and current achievement levels. Rule 6A-6.0903-update the Florida Standards Assessment in English Language Arts (FSA in ELA) to reflect revised ESOL program exit criteria. Rule 6A-6.0905-update the new District English Language Learners Plan, Form ESOL 100 to reflect ELL student achievement.

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 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, 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: May 20, 2016, 9:00 a.m.

PLACE: DoubleTree by Hilton, 5780 Major Blvd., Orlando, Florida 32819

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-6.09021 Annual English Language Proficiency Assessment for English Language Learners (ELLs).

(1) All students classified as ELLs on the first day of the test administration shall be assessed annually on Assessing Comprehension and Communication in English State-to-State for English Language Learners 2.0 (ACCESS for ELLs 2.0), including ACCESS for ELLs 2.0 for kindergarten students, ACCESS for ELLs 2.0 for grades 1-12 students, or Alternate ACCESS for ELLs 2.0 for students with significant cognitive disabilities the Comprehensive English Language Learning Assessment (CELLA). Students pending assessment and classification and former ELLs shall not be assessed on ACCESS for ELLs 2.0 assessments CELLA.

(2) The ACCESS for ELLs 2.0 assessments CELLA shall be administered in accordance with standard written instructions appropriate for the examination. The written instructions will be issued by the Commissioner in the form of directions for administration and other written communications, and provided to school districts in sufficient time prior to each test.

(3) No change.

(4) For students taking the 2015-2016 administration of the ACCESS for ELLs 2.0 assessments, the English language proficiency level shall be a 5.0 composite score or greater and at least 4.0 in all domains. For students with significant cognitive disabilities taking the 2015-2016 administration of the Alternate ACCESS for ELLs 2.0 assessment, the proficiency level shall be a P1 composite score or greater. Beginning with the effective date of this rule, the English language proficiency levels for Oral Skills, Writing, and Reading shall be as shown below:

Oral Skills (listening and speaking) grade cluster scale scores by English Language Proficiency Level:
Grade Clusters	Beginning	Low Intermediate	High Intermediate	Proficient
K-2	495-632	633-649	650-672	673-755
3-5	560-675	676-697	698-719	720-805
6-8	565-680	681-712	713-732	733-830
9-12	580-681	682-713	714-738	739-835
Writing grade cluster scale scores by English Language Proficiency Level:
Grade Clusters	Beginning	Low Intermediate	High Intermediate	Proficient
K-2	515-636	637-657	658-689	690-775
3-5	575-674	675-702	703-726	727-825
6-8	580-687	688-719	720-745	746-845
9-12	600-689	690-720	721-745	746-850
Grade Clusters	Beginning	Low Intermediate	High Intermediate	Proficient
K-2	345-545	546-628	629-689	690-800
3-5	590-689	690-714	715-733	734-810
6-8	600-713	714-741	742-758	759-815
9-12	605-743	744-761	762-777	778-820

(5) The Commissioner shall annually review the CELLA performance data, the CELLA cut scores and the CELLA English proficiency levels. After consulting with experts in the fields of second language acquisition and assessment, and other stakeholder groups, the Commissioner shall recommend to the State Board of Education whether to maintain the existing cut scores and proficiency levels or make changes as may be necessary to the scores, proficiency levels or other requirements of this rule.

Rulemaking Authority 1001.02, 1003.56 FS. Law Implemented 1003.56 FS. History–New 10-26-11, Amended 6-25-14,_______.

 

6A-6.0903 Requirements for Exiting English Language Learners from the English for Speakers of Other Languages Program.

(1) Each student identified as an English Language Learner (ELL) shall continue to receive appropriate instruction until such time as the student is reclassified as English proficient and exited from the English for Speakers of Other Languages (ESOL) Program. English proficiency shall be determined by assessing the student utilizing the statewide English Language Proficiency Assessment and Florida Standards Assessment in English Language Arts (FSA in ELA) or Florida Standards Alternate Assessment (FSAA), or by ELL Committee determination, in accordance with this rule.

(2) Standards for Student Exit from the ESOL Program.

(a) An ELL shall be determined English language proficient and exited from the ESOL program upon obtaining:

1. Scores of “Proficient” at the applicable grade level on each statewide English Language Proficiency Assessment subtest administered annually pursuant to Rule 6A-6.09021, F.A.C.; and,

2. Scores on applicable FSA in ELA or FSAA, as follows:

a. No change.

b. For students in grades 3-9 11, earning a passing scores at or above the 50th percentile on the grade level FSA in ELA or the FSAA, pursuant to Rule 6A-1.09430, F.A.C. administered in the 2014-2015 school year; or

c. For students in grades 10 11 -12, a score on the 10th grade FSA in ELA, or a score on the FSAA, pursuant to Rule 6A-1.09430, F.A.C., or a score on the 10th grade FCAT in Reading, pursuant to Rule 6A-1.09422, F.A.C., sufficient to meet applicable graduation requirements, or an equivalent concordant score pursuant to Section 1008.22, F.S.

(b) through (c) No change.

1. Any student being considered for exit by an ELL Committee shall be assessed on at least one (1) Department-approved assessment instrument, which shall be administered no earlier than thirty (30) school days prior to the ELL Committee’s determination regarding exit. The assessment must cover all four (4) domains, including listening, speaking, reading, and writing. An ELL Committee, for any student with a disability being considered for exit, shall include the Individual Education Plan (IEP) Team pursuant to Rule 6A-6.03028, F.A.C.

2. No change.

3. If a majority of the ELL Committee determines that the student is English language proficient, the student shall be exited from the program. If a majority of the ELL Committee determines that the student is not English language proficient, the student shall remain enrolled in the program. For a student with a disability, the Committee shall consider the impact of the student’s disability in its decision. The parents’ preference as to whether a student is determined English language proficient or not English language proficient shall be considered in the final decision.

4. No change.

Rulemaking Authority 1001.02, 1003.56 FS. Law Implemented 1003.56, 1011.62 FS. History–New 10-30-90, Amended 5-19-08, 10-26-11, 5-19-15,________.

 

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 and must receive the Commissioner of Education’s approval prior to program implementation.

(2) through (4) No change.

(5) School district ELL plan format.

(a) No change.

(b) The school district ELL plan shall be submitted to the Department utilizing the Department’s Form ESOL 100 entitled, “District English Language Learner Plan (http://www.flrules.org/Gateway/reference.asp?No=Ref-04780),” (June 2016 December 2014) which is hereby incorporated by reference to become a part of this rule. Copies of this form 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.

Rulemaking Authority 1001.02, 1003.56 FS. Law Implemented 1003.56 FS. History–New 10-30-90, Amended 5-28-09, 8-23-12, 12-23-14,________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Hershel Lyons, 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: April 15, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 1, 2016