Proposed Rule 6A-6.0902 would determine eligibility criteria for entry into and exit from ESOL programs. There is a form for submitting comments at https://app1.fldoe.org/rules/default.aspx (scroll down to 6A-6.0902).
FDOE’s Proposed Rule
Rule 6A-6.0902 is substantially rewritten to read (see Florida Administrative Code for present text):
6A-6.0902 Requirements for Identification, Eligibility, and Programmatic and Annual 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 paragraph (1)(b) or (c) of this rule, 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 in paragraph (1)(a) of this rule does not need to be
placed in the ESOL program pending oral/aural or listening/speaking 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, Florida Statutes.
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 unless
documented in the following manner:
a. The documentation shall include the reason for the delay, evidence that the student is accorded the
programming required for ELLs pending the delay, and a specific timetable for completing the assessment.
b. This documentation shall be mailed to the parents in the language they understand, unless clearly not feasible,
no later than eight (8) weeks after initial enrollment.
c. A copy shall be retained in the student’s files for a minimum of one (1) year.
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 enrollment, but not later than twenty (20) school days after the aural and oral assessment or
listening and speaking assessment.
3. Upon request of a parent or teacher, a student not determined to be an ELL or a student determined to be an
ELL based solely on the reading and 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 subparagraph (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 appropriate,
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 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.
(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.
(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 native language.
Rulemaking Specific Authority 1001.02 FS. Law Implemented 1003.56, 1011.62 FS. History–New 10-30-90,
Amended 5-19-08,__________.
This is a new rule.
6A- 6.09021 Annual English Language Proficiency Assessment for English Language Learners (ELLs).
(1) All students classified as ELLs shall be assessed annually on the Comprehensive English Language
Learning Assessment (CELLA). A former ELL shall be assessed on CELLA during the school year in which the
student exits from the English for Speakers of Other Languages (ESOL) program.
(2) The 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) Provisions shall be made by school districts to administer the test to students who are absent on the
designated testing dates according to directions specified by the Commissioner. The directions will be issued in the
form of test administration manuals and other written communications, and provided to school districts in sufficient
time prior to each test.
(4) Beginning with the effective date of this rule, the English language proficiency levels for Oral Skills,
Writing, and Reading shall be as shown in the following tables:
(a) 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
(b) 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
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 Specific Authority 1001.02 FS. Law Implemented 1003.56, 1011.62 FS. History–New _____.
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
(c) Reading grade cluster scale scores by English Language Proficiency Level
This is a new rule.
6A-6.09022 Extension of Services in English for Speakers of Other Languages (ESOL) Program
(1) If a student is classified as an English Language Learner (ELL) after being enrolled in the English for
Speakers of Other Languages (ESOL) program for three (3) years, 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) days prior to the third anniversary of the student’s initial enrollment date, and no later than
the anniversary date. This process shall be completed annually thereafter.
(2) Any student being considered for extension of services shall be assessed on at least one Departmentapproved
assessment instrument. The assessment shall be administered no earlier than thirty (30) school days prior
to the student’s anniversary date. If the student’s anniversary date falls within the first two (2) weeks of the school
year, the student’s CELLA and applicable FCAT scores from the prior school year will suffice, and a more recent
assessment is not required. The assessment must cover all four (4) domains, of listening, speaking, reading, and
writing.
(3) The ELL Committee shall review the student’s academic record holistically and shall consider the
assessment results from the assessment administered under subsection (2) 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
appropriate 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 subsection (2) of this rule.
(4) If a majority of the ELL Committee determines that the student is not English language proficient, ESOL
services shall be extended. If a majority of the ELL Committee determines that the student is English language
proficient, the student shall be exited from the ESOL program. The parents’ preference as to whether the student is
determined English language proficient or not English language proficient shall be considered in the final decision.
If an ELL Committee extends services, the Committee shall refer the student as necessary, for appropriate remedial,
compensatory, special and supportive service evaluations, and programs.
(5) English Language Learners provided ESOL or heritage language instruction may be reported for funding in
the Florida Educational Finance Program as specified in Section 1011.62, Florida Statutes. Lack of a students’
ESOL funding eligibility does not relieve a school district of any obligation it may have under state or federal law to
continue to provide appropriate services to ELLs beyond the state ESOL program funding limits.
Rulemaking Specific Authority 1001.02 FS. Law Implemented 1003.56, 1011.62 FS. History–New________.
10/18/2010
Rule 6A-6.0903 is substantially rewritten to read (see the Florida Administrative Weekly for present text).
6A-6.0903 Requirements for Classification, Reclassification, and Post Reclasification of English Language Learners
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 annual Comprehensive English Language Learning Assessment (CELLA) and Florida Comprehensive
Achievement Assessment (FCAT) in Reading, 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 CELLA subtest administered annually pursuant
to Rule 6A-6.9021, FAC.; and
2.a. For students in grades K-2, CELLA is the only assessment required and FCAT is not required;
b. For students in grades 3 – 9, a score of three (3) or higher on applicable Florida Comprehensive
Achievement Test (FCAT) in Reading;
c. For students in grades 10 – 12, a score on the 10
graduation requirements, or an equivalent concordant score pursuant to Section 1008.22, Florida Statutes.
Upon receipt of the CELLA and FCAT scores, schools shall exit students no later than the last school day of the
school year. If CELLA or FCAT Reading 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 FCAT Reading examination was administered as the exit date.
(b)1. Notwithstanding a student’s CELLA 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.
2. 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
10/18/2010
prior to the ELL Committee’s determination regarding exit. The assessment must cover all four (4) domains,
including listening, speaking, reading, and writing.
3. The ELL Committee shall review the student’s academic record holistically and shall consider the
assessment results from the assessment administered pursuant to subparagraph (2)(b)2. 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
appropriate 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 subparagraph (2)(b)2. of this rule.
4. 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. 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.
5. The ELL Committee shall document the records reviewed by the Committee, which must include each of
the criteria under subparagraph (2)(b)3., of this rule. The Committee’s decision shall be supported by at least two
(2) of the criteria established in subparagraph (2)(b)2. of this rule, and the supporting criteria shall be documented in
the student’s file.
Rulemaking Specific Authority 1001.02 FS. Law Implemented 1003.56, 1011.62 FS. History–New 10-30-90,
Amended 5-19-08, _________.
th grade FCAT in Reading sufficient to meet applicable
This is a new rule.
6A-6.09031 Post Reclassification of English Language Learners (ELLs)
(1) The performance of former ELLs shall be reviewed periodically to ensure parity of participation once they
have been classified as English proficient. These reviews shall take place automatically at the student’s first report
card and semi-annually during the first year after exiting, and at the end of the second year after exiting. Any
consistent pattern of either under-performance on appropriate tests or failing grades shall result in the convening of
an ELL Committee, after notice to the student’s parents of the opportunity to participate. The ELL Committee shall
assess the student’s need for additional appropriate services, such as ESOL. Special consideration shall be given to
any decline in grades and decline in test performance and to parent preference.
(2) The ELL Committee shall recommend an appropriate ELL Student Plan for students reclassified as ELLs.
The basis and nature of such recommendations shall be in writing and maintained in the student’s file. Any such
plan shall be reevaluated for continued appropriateness after one (1) year, and each year thereafter as necessary.
(3) Any student who is reclassified as an ELL shall be provided appropriate instruction on the basis of an annual
extension pursuant to a documented determination of the student’s needs.
(4) A student who exits the program and is later reclassified as an ELL, may be reported in the ESOL program,
as specified in Sections 1003.56 and 1011.62, Florida Statutes. Lack of a students’ ESOL funding eligibility does
not relieve a school district of any obligation it may have under state or federal law to continue to provide
appropriate services to ELLs beyond the state ESOL program funding limits.
Rulemaking Specific Authority 1001.02 FS. Law Implemented 1003.56, 1011.62 FS. History–New _____.
