Florida Association of Bilingual/ESOL Supervisors To: Dr. Eric J. Smith, Commissioner of Education Via email to: Commissioner@fldoe.org Subject: FABES Position Statement – Use of Low Exit Percentile Scores for English Language Learners From: FABES Executive Board Date: July 16, 2008 In June 2003, Florida’s district ESOL directors, supervisors and coordinators in collaboration with the FABES membership approved a Resolution at the annual Sanibel Leadership Conference. The Resolution was submitted to the Florida Department of Education (FDOE) as a Position Statement on the detrimental effects of exiting students from ESOL services based on obtaining a score at the 33rd percentile on a reading and writing norm-referenced test. The resolution stated that the META Consent Decree focuses on the minimum educational requirements school districts are to implement to be in compliance with sustaining an infrastructure for the linguistic and academic success of English Language Learners (ELLs). The Resolution stated that school districts needed to apply the accountability standards set in Florida in 2003 to raise the bar for English Language Learners. The Resolution stated that students exited from ESOL with a low reading and writing score were being set up for failure. The rationale for this was that ELLs were beginning to navigate the process of becoming proficient in academic English language to do well in grade level curriculum and were cut off from the needed support and instructional scaffolding they needed to succeed in school. The Resolution supported exiting students at the 50th percentile or above. On April 15, 2008, the Florida State Board of Education approved 6A.6-0903(2)(a) 3, F.A.C., stating that, “a score at or above the 33rd national percentile on the reading comprehension and writing or language usage subtests on a nationally norm-referenced test” will be used as part of the ELL’s exit criteria. This has been interpreted by the FDOE that all ELLs scoring at the 33rd percentile must exit the ESOL program. As representatives of the FABES membership, the FABES Executive Board’s position is that research has not documented that a score at the 33rd percentile can determine that students at every grade level are proficient in reading or writing. However, we do know from research that proficiency level at every grade level varies with any test. Since 1990, school districts in Florida have been allowed to implement standards higher than – but never lower than – the required minimum established by the META Consent Decree. Because the META Consent Decree allows school districts to go above the minimum, and in recognition of the academic risk to students who enter mainstream classes with an absolute minimum proficiency level, twenty-six (26) school districts have established higher levels of between the 40th percentile and 60th percentile as exit performance standards for their English Language Learners. Precipitous exit from ESOL services, even after a student has been declared proficient in the various language skills, does not guarantee that the exited student will be successful in mainstream classes. An exit criterion at the 33rd percentile on a norm-referenced reading test does not sufficiently prepare students for the academic requirements of the standard curriculum. It was the floor set by the Consent Decree after long hours of negotiations almost twenty years ago. The mission of the Florida State Board of Education is: Increase the proficiency of all students by providing them with the opportunity to expand their knowledge and skills through learning opportunities and research valued by students, parents, and communities, and to maintain an accountability system that measures student progress toward the following goals: * Highest student achievement * Seamless articulation and maximum access * Skilled workforce and economic development * Quality efficient services By forcing districts to use the lower percentile scores for exiting, the FDOE is supporting two separate and inequitable standards. When examining the English language proficiency of ELLs who have exited at the 33rd percentile versus the expectation that all Florida students demonstrate proficiency at FCAT Reading Level III or above, the state’s exit requirement condemns ELLs to failure on this measure. It is to be expected that many ELLs exited at the 33rd percentile will later require the services of remedial programs. An additional concern is the fact that these students who are no longer receiving ESOL services will be placed with remedial teachers who are not required to have a researched knowledge base for instructing English Language Learners – especially in the area of reading. A scenario such as this goes beyond an equity issue; it broaches the lines of a civil rights challenge. With proficiency in Florida established at level III or higher on FCAT, it is contrary to reason to say that ELL students are proficient in English based on a score at the 33rd percentile on a reading and writing normreferenced test. The parents of ELL students maintain that they and their school boards know the local situation best and should be permitted to establish ELL exit criteria that meet or exceed the minimum standard set by the META Consent Decree in 1990. The Florida Association for Bilingual/ESOL Supervisors (FABES) believes that the State of Florida should have standardized eligibility and exit criteria. However, this should not be achieved by establishing low standards that no longer meet the accountability requirements our ELL students face under Florida’s A+ Plan and federal NCLB requirements. If native speakers of English are considered proficient in their own language by scoring level III or above on FCAT, the same rigorous measures need to be established for English Language Learners to determine English language acquisition proficiency and academic performance in English as indicated through the correlative measures of English language proficiency. FABES requests that the FDOE review the assessment language proficiency data to determine at which level English language learners (ELLs) will be performing closest to grade level performance and substitute that level for the proposed statewide imposition of the 33rd percentile as an exit criteria. We further ask that this data be applied to upcoming benchmark requirements that will be used to determine student proficiency along the continuum of achievement toward the 2014 federal requirement of 100% proficiency for all students in every subgroup. Anything less than that would be harmful to our students, and that is not acceptable if we are to provide ELL students with equity and equality of education. We look forward to your announcement of a revised recommendation for a reasonable exit criterion based on reading scores on nationally norm-referenced tests and to your statement of a time by which that new standard will be presented to the State Board of Education for amendment to the rule adoption. Respectfully, FABES EXECUTIVE BOARD: Donald Blair, President don.blair@fabes.org Sandra Rosario, President Elect sandra.rosario@fabes.org Jeff Morgenstein, Recording Secretary jeff.morgenstein@fabes.org Minnie Cardona, Corresponding Secretary/Treasurer minnie.cardona@fabes.org Dr. Tomasita Ortiz, Immediate Past President tomasita.ortiz@fabes.org Beatrice K. Palls, Past President bea.palls@fabes.org Dalia Medina, Board Member dalia.medina@fabes.org Brenda Trimble, Board Member brenda.trimble@fabes.org Dr. Arnhilda Badia, Legislative Liaison arnhilda.badia@fabes.org cc:     Governor Charlie Crist Charlie.Crist@MyFlorida.com Rep. Juan Zapata jczapata@aol.com Rep. Jennifer Carroll Jennifer.Carroll@myfloridahouse.gov Rep. Anitere FloresAnitere.Flores@myfloridahouse.gov Rep. Carlos Lopez-Cantera Carlos.Lopez-Cantera@myfloridahouse.gov Rep. Bill Heller bill.heller@myfloridahouse.gov Rep. David Rivera rivera.david@myfloridahouse.gov Rep. Marco Rubio rubio.marco@myfloridahouse.gov Rep. Darren Soto darren.soto@myfloridahouse.gov Rep. Yolly Roberson Yolly.Roberson@myfloridahouse.gov Senator Rudy Garcia garcia.rudy.web@flsenate.gov Senator Alex Villalobos villalobos.alex.web@flsenate.gov Senator Nan Rich rich.nan.web@myfloridahouse.gov Senator Alex Diaz de la Portilla portilla.alex.web@flsenate.gov