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 statewide assessment in English Language Arts (ELA)/Reading or Florida alternate assessment, 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 the applicable statewide assessment in ELA/Reading or statewide alternate assessment, as follows:

a. For students in grades K-2, the statewide English Language Proficiency Assessment is the only assessment required;

b. For students in grades 3-9, earning a passing score on the grade level ELA/Reading assessment, in accordance with the scores specified in Rule 6A-1.09422, F.A.C., or the statewide alternate assessment, pursuant to Rule 6A-1.09430, F.A.C.; or

c. For students in grades 10-12, earning a passing score on the grade 10 statewide ELA/Reading assessment or a passing score on the grade 10 ELA/Reading assessment (2014-2015), pursuant to Rule 6A-1.09422, F.A.C., or, for eligible students, a passing score on the statewide alternate ELA assessment, pursuant to Rule 6A-1.09430, F.A.C., sufficient to meet applicable graduation requirements. Students may also meet the applicable graduation requirement by earning an equivalent concordant score pursuant to Rule 6A-1.09422, F.A.C.

(b) Upon receipt of the statewide English Language Proficiency Assessment and statewide ELA/Reading assessment scores, schools shall exit students no later than the last school day of the school year. If the statewide English Language Proficiency Assessment or statewide ELA/Reading assessment scores are received after the end of the school year, schools shall exit students within two (2) weeks after the beginning of the next school year and shall use the last day of the school year in which the statewide ELA/Reading assessment was administered as the exit date.

(c) Notwithstanding a student’s statewide English Language Proficiency Assessment scores, upon the request of a student’s teacher, counselor, administrator, or parent, a student who has been classified as an ELL and enrolled in an English for Speakers of Other Languages (ESOL) program may be re-evaluated for English language proficiency by convening an ELL Committee at any time, according to the following procedures:

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. The ELL Committee shall review the student’s academic record holistically and shall consider the assessment results from the assessment administered under paragraph (2)(a) 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 paragraph (2)(a) of this rule.

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. The ELL Committee shall document the records reviewed by the Committee, which must include each of the criteria in subparagraph (2)(c)2. of this rule. The Committee’s decision shall be supported by at least two of the criteria established in subparagraph (2)(c)2. of this rule, and the supporting criteria shall be documented in the student’s file.

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, 6-23-16, 2-20-24.