Section 6A-6.0909 - Exemptions Provided to English Language Learners(1) English Language Learners shall be assessed for academic progress using guidelines established under Section 1008.22, F.S. English Language Learners who have been enrolled in school in the United States for less than twelve (12) months may be exempted from the statewide assessment in English Language Arts and shall undertake the annual statewide English Language proficiency assessment in accordance with Rule 6A-6.0902, F.A.C.(2) Each school district shall administer the statewide English Language proficiency assessment to English Language Learners exempted from statewide assessment in accordance with subsection (1) of this rule. Remedial programming shall be provided to those students who do not meet the performance standards of the statewide assessment program.
(3) English Language Learners who have completed the credits required for graduation and who have failed to meet the 10th grade standards as measured by the statewide standardized assessment shall be eligible for compensatory education for "a thirteenth year" as provided in Section 1003.4282, F.S. (a) Alternative methods of meeting the standards of the statewide standardized assessment shall be used, where feasible, for English Language Learners who are unable to demonstrate mastery of the standards due to deficiencies in English language proficiency.(b) English Language Learners who failed to meet the standards after completing the "thirteenth year" may be eligible to be reported for FTE funding in the appropriate courses in the adult education program of the Florida Education Finance Program.(4) The Department of Education shall assist the district in identifying or developing the alternative methods referenced in subsection (3) of this rule.(5) If the number of English Language Learners in a district is fewer than ten (10) within a radius of twenty (20) miles of a given school or within the school attendance zone, whichever is larger, a district may apply to the Florida Department of Education for an exemption from the delivery of basic ESOL teacher certified in ESOL. Exemptions shall be granted on a one (1) year basis, are renewable, and may be granted only if the district documents specific efforts to address the English language needs of its students.(6) Upon verification by a superintendent that the district has been unsuccessful in recruiting ESOL basic, ESOL subject matter, or home language instructors, and that certain positions at given schools cannot be filled during any school year with a person who meets the certification requirements in the Course Code Directory as adopted by reference in Rule 6A-1.09441, F.A.C., or the inservice requirements as specified in Rule 6A-6.0907, F.A.C., a teacher who does not meet the requirements may be assigned to such a classroom on conditions that meet the terms of Rule 6A-1.0503, F.A.C.Fla. Admin. Code Ann. R. 6A-6.0909
Rulemaking Authority 1001.02, 1003.56, 1008.22 FS. Law Implemented 1003.56, 1008.22 FS.
New 10-30-90, Amended 5-5-09, Amended by Florida Register Volume 40, Number 237, December 9, 2014 effective 12/23/2014.New 10-30-90, Amended 5-5-09, 12-23-14.