6A-6.0902. Requirements for Identification, Eligibility, and Programmatic Assessments of English Language Learners

(1) Requirements for identification. Each student shall be surveyed upon initial registration in a Florida public school. The survey shall contain the following questions:

(a) Is a language other than English used in the home?

(b) Did the student have a first language other than English?

(c) Does the student most frequently speak a language other than English?

The questions may appear on a school’s registration form or a separate survey form. The home language and the national origin of each student shall also be collected and retained in the district’s data system. Affirmative responses to question subsection (b) or (c), or both requires that the student be placed in the English for Speakers of Other Languages (ESOL) program until completion of the eligibility assessment. A student for whom the only affirmative response to the survey is question (a) does not need to be placed in the ESOL program pending assessment.

(2) Assessment to determine eligibility for appropriate services and funding.

(a) Each student who responded “yes” to any question on the home language survey shall be assessed to determine if the student is limited English proficient based on one of the standards set forth in this subsection. Any student identified by the home language survey who also meets one of the standards in subparagraphs (2)(a)1., 2. and 3. of this rule shall be classified as an English Language Learner (ELL) and shall receive appropriate instruction and funding as specified in Sections 1003.56 and 1011.62, F.S.

1. Any student in grades K through 12 who scores within the limited English proficient range as determined by the publisher’s standards on a Department of Education approved aural and oral language proficiency test or scores below the English proficient level on a Department of Education approved assessment in listening and speaking, shall be classified as an English Language Learner and shall be provided appropriate services. Assessment of each student’s aural and oral proficiency or listening and speaking should be completed as soon as possible after the student’s initial enrollment but not later than twenty (20) school days after the student’s enrollment.

Prospective kindergarten students may be assessed prior to enrollment during a kindergarten roundup evaluation so long as the assessment is given no earlier than May 1 of the calendar year the student will enroll.

2. Any student in grade 3 or above, who scores at or below 32nd percentile on reading comprehension and writing or language usage subtests of a nationally norm referenced test or scores below the English proficient level on a Department of Education approved assessment in reading and writing shall be classified as an English Language Learner and provided appropriate services. The assessment in reading and writing shall be completed as soon as possible after initial enrollment, but not later than thirty (30) days after enrollment.

3. Upon request of a parent or teacher, a student who is determined not to be an English Language Learner or any student determined to be an English Language Learner based solely on one reading or writing assessment may be referred to an ELL Committee. The parents’ preference as to whether a student is determined to be an ELL or not to be an ELL shall be considered in the final decision. The ELL Committee may determine a student to be an English Language Learner or not to be an English Language Learner according to consideration of at least two (2) of the following criteria in addition to the test results from subparagraphs (2)(a)1. or 2. of this rule:

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 heritage language according to local, state or national criterion-referenced standards,

d. Grades from the current or previous years, or

e. Test results other than subparagraph (2)(a)1. or 2. of this rule.

(b) Any determinations by the ELL Committee shall be contained in a written evaluation with a narrative description of the basis for the decision, which shall be placed in the ELL Student Plan. Such evaluations shall further set forth a plan, which will be implemented, to address the student’s English language needs. The basis and nature of the ELL Committee’s recommendations shall be documented and maintained in the student’s file.

(c) An ELL Committee, after notification to the parent of the opportunity to participate in the meeting, shall conduct assessments referred to in subsections (2) and (3) of this rule and recommend an ELL Student Plan for such student.

(d) An eligible student shall be reported for ESOL funding as specified in Section 1011.62, F.S.

(e) Notice. Each school or school district shall provide notice to parents of an ELL identified for participation or participating in a language instruction educational program, within thirty (30) days after the beginning of the school year or, for students who were not identified prior to the beginning of the school year, but were identified during the school year, within the first two (2) weeks of the student being placed in a language instruction educational program. The notice shall inform the parent of the following:

1. The reasons for the identification of their child as an ELL and the need for the child’s placement in a language instruction educational program,

2. The child’s level of English proficiency, how such level was assessed, and the status of the child’s academic achievement,

3. The methods of instruction used in the program in which their child is, or will be, participating and the methods of instruction used in other available programs, including how such programs differ in content, instructional goals, and the use of English and a native language in instruction,

4. How the program in which their child is, or will be, participating will meet the educational strengths and needs of their child,

5. How such program will specifically help their child learn English and meet age-appropriate academic achievement standards for grade promotion and graduation,

6. The specific exit requirements for the program, including the expected rate of transition from such program into classrooms that are not tailored for ELLs, and the expected rate of graduation from high school (for students in high schools),

7. In the case of a student with a disability, how such program meets the objectives of the individualized education program of the student; and,

8. Information pertaining to parental rights that includes written guidance –

a. Detailing the right that parents have to have their child immediately removed from such program upon their request,

b. Detailing the options that parents have to decline to enroll their child in such program or to choose another program or method of instruction, if available; and,

c. Assisting parents in selecting among various programs and methods of instruction, if more than one program or method is offered.

(3) Programmatic Assessment.

(a) Each student determined to be an ELL shall be further assessed in academic areas so as to aid the student’s teacher in developing an appropriate instructional program.

(b) Each school district shall seek to document the prior schooling experience of ELLs by means of school records, transcripts and other evidence of educational experiences, and take such experiences into account in planning and providing appropriate instruction to such students. The school district shall award equal credit for courses taken in another country or a language other than English as they would the same courses taken in the United States or taken in English. For foreign-born students, the same district adopted policies regarding age appropriate placement shall be followed as are followed for students born in the United States. Should a school district use a placement test for determining appropriate grade or course placement, such assessment may not be based in whole or in part on the student’s English language proficiency. Students classified as ELLs shall be placed in the appropriate English for Speakers of Other Language or Language Arts through ESOL course and core subject area courses based on their assigned grade level.

(c) Any teacher, administrator, parent or parent’s designee may request the convening of an ELL Committee to review the student’s progress in attaining necessary subject area competencies or in overcoming persistent deficiencies in overall student performance. The ELL Committee may be reconvened at any time after a student has been served for a semester. The ELL Committee shall make recommendations for appropriate modifications in the student’s programming to address problems identified and shall document such modifications in the student’s ELL Student Plan.

(d) Parents have the right to have their child immediately removed from a language instruction educational program and to decline to enroll the student in such a program or choose other instructional options, if available. For purposes of this subparagraph, a “language instruction educational program” means an instruction course in which an ELL is placed for the purpose of developing and attaining English proficiency and which may make instructional use of both English and a child’s heritage language. Nothing herein shall alter the duty of the district to provide qualified, duly certified or endorsed ESOL instructors in accordance with Rule 6A-1.09441, F.A.C., and the Course Code Directory and Instructional Personnel Assignments that is incorporated by reference therein. If any parent or guardian of an ELL communicates a refusal to have his or her child enrolled in an ELL program, the District shall have the student’s principal or another representative of the school meet with the parent to:

1. Describe the range of programs and services that the child could receive if the parent does not refuse, including the methodology the District plans to employ to address the student’s educational needs and the training and qualifications of teachers and any others who would be employed in teaching the student,

2. Discuss the benefits their child is likely to gain by being enrolled in an ELL program and receiving ELL services; and,

3. Explain that, notwithstanding any past practice, the District shall not require students to be assigned to programs specifically designated for ELLs, or schools containing such programs, in order to receive ELL services.

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, 5-30-17.