TO:        Mr. T. Willard Fair, Chairman, State Board of Education: and to Board Members Mr. Peter Boulware Dr. Akshay Desai Mr. Roberto Martinez Mrs. Phoebe Raulerson Ms. Kathleen Shanahan Mrs. Linda Taylor Dr. Eric J. Smith, Commissioner of Education FROM:    FABES Executive Board DATE:        December 31, 2008 SUBJECT:    FABES Position Paper Regarding Proposed Rule Changes With reference to the proposed changes to fourteen (14) Florida board rules, the Florida Association of Bilingual / ESOL Supervisors (FABES) respectfully objects to the deletion of language and terms that are part of the Consent Decree, as well as to deleted references to the Consent Decree as evidenced in the current drafts under review.  In addition, we object to what amounts to another attempt to lower the existing ESOL training requirements for reading teachers who are charged with delivering comprehensible reading instruction to English Language Learners (ELL).  In 2007, Governor Crist vetoed SB 2512 that would have lowered these training requirements, and in 2008 the same plan was presented in SB 0286 but the bill died in the House of Representatives. These proposed rule changes would have the same effect as the failed legislation, had they passed. We present the following individual objections to the proposed rule changes. •    Rule 6A-1.09432, Florida Administrative Code, Assessment of Limited English Proficient Students We object to the change of terms from Limited English Proficient (LEP) to English Language Learner (ELL). The term ELL can encompass a wide range of proficiencies in English from quite minimal skills to quite fluent.  In schools and districts, ELL may be used to mean the same as limited English proficient (LEP), but technically, it does not. LEP (Limited English Proficient) is the term used by the federal government to indicate students who are determined to be eligible for services under Title I and Title III.  In maintaining consistency among legal terms at the federal and state level, we recommend using LEP (Limited English Proficient) in all documents of legal weight. For those students who have been enrolled for fewer than twelve months, the proposed alternative assessment for FCAT Reading is CELLA Reading.  We do not agree that CELLA is an equivalent to FCAT as a reading assessment. ELL students are subject to tests of language proficiency, required under NCLB Title III, (CELLA in Florida) and to achievement tests, required under NCLB Title I (FCAT in Florida). Therefore, the language proficiency test cannot become an alternate to measure academic achievement.  Furthermore, based on new changes to Rule 6A-1.094221, the approval of an alternative standardized reading assessment must be based on whether the assessment meets the following criteria: 1.  Internal consistency reliability coefficients of at least 0.85;   2.  High validity evidenced by the alignment of the test with nationally recognized content standards, as well as specific evidence of content, concurrent, or criterion validity;   3.  Norming studies within the last five (5) to ten (10) years, with norming within five (5) years being preferable; and 4.  Serves as a measure of grade 3 achievement in reading comprehension.             Source: State Board of Education, December 2, 2008 It is our belief that CELLA does not meet the newly established criteria. Under the same ruling, (1) Pursuant to Section 1008.25(6), F.S., relating to the statewide public school student progression law eliminating social promotion, students who score at Level 1 on the Grade 3 Florida Comprehensive Assessment Test (FCAT) Reading may be promoted to grade four if the student demonstrates:   (a)  Scores at or above the 51st percentile on the Reading SAT-9 or at or above the 45th  percentile on the Reading SAT-10.             Source: State Board of Education, December 2, 2008 Therefore, we reject any decision to set cutoff scores for Florida’s English Language Learners below those approved under this section. •    Rule 6A-1.09441, Florida Administrative Code, Requirements for Programs and Courses Which are Funded Through the Florida Education Finance Program and for Which the Student May Earn Credit Toward High School Graduation (excerpt of Section 1-E of the Course Code Directory) In the Course Code Directory System Guide, Section 1, we object to the deletion of the reference to LULAC and Intensive Reading from #1. In addition, we reject the reduction of training requirements for BOTH Reading and ESOL teachers assigned to teach ESOL students. •    Rule 6A-4.0244, Florida Administrative Code, Specialization Requirements for the Endorsement in English to Speakers of Other Languages - Academic Class We object to the elimination of Plan Two without justification or explanation as to the merits of its deletion. •    Rule 6A-4.02451, Florida Administrative Code, Endorsement Competencies for the Endorsement in English for Speakers of Other Languages •    Rule 6A-6.054, Florida Administrative Code, K-12 Student Reading Intervention Requirements We object to the capstone additions in (2) (b) and (3) (b).  For those Level 1 and Level 2 ELLs who are placed in Intensive Reading classes, the teacher must be endorsed or certified in both Reading and ESOL.  It is imperative that ELLs are taught by highly qualified teachers who have the expertise to provide for the unique linguistic and instructional needs of ELLs. •    Rule 6A-6.0900, Florida Administrative Code, Programs for Limited English Proficient Students •    Rule 6A-6.0901, Florida Administrative Code, Definitions Which Apply to Programs for Limited English Proficient Students We object to the replacement of the term, Home Language with the term, Heritage Language, because it conflicts with the Consent Decree language and districts’ use of Home Language Surveys and Home Language in data records.  Native language is the first language (also mother tongue, or L1) a human being learns from birth. A person's first language is a basis for sociolinguistic identity. Heritage language refers to the language of the family – a  language that is spoken at home or was spoken by somebody's ancestors (thus it is not necessarily the individual’s native language).  Consistency of terminology supports maintaining the phrasing, Home Language. •    Rule 6A-6.0904, Florida Administrative Code, Equal Access to Appropriate Programming for Limited English Proficient Students We object to the deletion of references to Basic ESOL because Basic ESOL is defined in 1003.56, F.S. and in the Consent Decree as instruction in English.  It is not a course title, such as Language Arts through ESOL. •    Rule 6A-6.0905, Florida Administrative Code, Requirements for the District Limited English Proficient Plan We object to the deletion of the Consent Decree’s requirements for the contents of the District ELL Plan and replacing it with a new template.  The new template does not permit specification of procedures in relation to all Consent Decree requirements. It is not as useful a guide for district staff as was the prior format.  In keeping with 1003.56, F.S., and the Consent Decree, board rule should delineate with legal clarity the specific requirements of the content and construct of district's ELL Plan.  By removing so great a degree of specificity from the rule, and leaving the language to state that districts will author plans based upon the template delivered by the bureau, the bureau assumes the power of statute and federal court order.  This could be viewed as a challenge to the federal court order, which contains clear language on the specific responsibilities of the state, and of Florida’s “government in the sunshine” laws, whereby decisions impacting the citizenry be enacted by due process open to public scrutiny.  By making the bureau the sole governing body overseeing the template for and maintenance of the district plans that fulfill the federal court order and state statute, there is no guarantee that ELL Plans and practices will follow agreed upon guidelines.  Rather, individual agenda may invade the process leading to directives not based upon researched practices and law.  The rule should retain the carefully detailed specifications. •    Rule 6A-6.0906, Florida Administrative Code, Monitoring of Programs for Limited English Proficient Students •    Rule 6A-6.0907, Florida Administrative Code, Inservice Requirements for Personnel of Limited English Proficient Students Rule 6A-6.0907 asks for approval of some documents that currently are in draft form.  This means that stakeholders are being asked to comment on a proposed rule before its content is established.  This is not a plausible request at this stage of rule revision. As 2. (4) states, reading certified or reading endorsed teachers who pass the ESOL certification test are in compliance for teaching reading to ELLs.  This is a viable and meaningful alternative to completing the ESOL endorsement requirements through means other than the typical five courses.  With several reasonable alternatives for earning ESOL endorsement or certification already in place, FABES questions the need for an additional alternative/plan like the proposed capstone course. Regarding 2. (5), we object to offering one of the endorsement courses as the viable training for administrators and guidance counselors to comply with the 2003 Modification to the Consent Decree.  Training for administrators should be related directly to the roles and responsibilities of administrators in ensuring equal access to comprehensible instruction and to programs and services for Florida’s English Language Learners. Similarly, training for guidance counselors should be related directly to their roles and responsibilities in relation to English Language Learners.  Districts currently have these courses in place for both administrators and guidance counselors, and the courses are aligned with the prescribed competencies for each group.  Language in the 2003 Modification document should stand. Regarding (6) and (7), we object to the proposed 60-hour course and 15-hour practicum because this minimal amount of in-service time cannot provide the essential background knowledge and skills that teachers need to be able to assist ELLs to succeed academically and pass FCAT and other high-stakes assessments.  A dilution of the training and expertise held by educators serving some of Florida’s most needy students defies researched practices into the value of professional development. Regarding (9) (d), it appears that the requirement for post-tests for all in-service training conflicts with the state’s current protocol for staff development. •    Rule 6A-6.0908, Florida Administrative Code, Equal Access for Limited English Proficient Students to Programs Other Than English for Speakers of Other Languages (ESOL) •    Rule 6A-6.0909, Florida Administrative Code, Exemptions Provided to Limited English Proficient Students •    The proposed alternative assessment for FCAT Reading is CELLA Reading.  We do not agree that CELLA is an equivalent to FCAT as a reading assessment (See comments under Rule 6A-1.09432, Florida Administrative Code, Assessment of Limited English Proficient Students) •    Rule 6A-6.09091, Florida Administrative Code, Accommodations of the Statewide Assessment Program Instruments and Procedures for Limited English Proficient Students We find no accommodations for science made herein. Finally, speaking for the district administrators of ESOL programs in Florida, we see the ability to read at grade level in English as one of the most important goals for English Language Learners.  Having a highly qualified reading teacher who has received the appropriate amount of ESOL training and holds the commensurate ESOL credential is critical to achieving this goal.  We do not want to see any reduction in the present ESOL training requirements for reading teachers who serve English Language Learners in Florida.   As Governor Crist stated in his veto letter of June 28, 2007: “Florida holds high academic standards for its students. Reading is the cornerstone of learning, and reading teachers are the foundation through which students achieve these standards. It is imperative that our students learn to read English from the highest-quality instructors so that they can succeed more readily in other subject areas. I cannot justify lower standards for these teachers.” Respectfully, FABES Executive Board Members: 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 Dr. Frances Haithcock, Chancellor, Public Schools Mary Jane Tappen, Deputy Chancellor for Curriculum, Instruction, and Student Services Lori Rodriguez, Bureau Chief, SALA Dr. Evan Lefsky, Executive Director, Just Read Florida! FABES Membership District ESOL Administrators