(1) Three (3) years after the date of an English Language Learner’s (ELL’s) initial enrollment in a school in the United States, 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) school days prior to the third anniversary of the student’s initial enrollment date in a school in the United States, and no later than the anniversary date, unless the student’s anniversary date falls within the first two (2) weeks of any school year. Then, the ELL committee may convene no later than October 1. This process shall be completed annually thereafter.
    (2) Any student being considered for extension of services shall be assessed on at least one (1) Department-approved assessment instrument. The assessment shall be administered no earlier than thirty (30) school days prior to the student’s anniversary date. The assessment may be any Department-approved assessment that covers all four (4) domains of listening, speaking, reading, and writing. If the student’s anniversary date falls between the release of the statewide English Language Proficiency assessment and applicable statewide standardized assessment scores in a given school year and October 1 of the following school year, the student’s statewide English Language Proficiency assessment and applicable statewide standardized assessment scores will suffice, and a more recent assessment is not required.
    (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 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 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) The basis and nature of the ELL Committee’s decision on whether to extend or not to extend ESOL services shall be documented and maintained in the student’s file.
    (6) English Language Learners provided ESOL or heritage language instruction may be reported for funding in the Florida Educational Finance Program for a base period of three (3) years, and may be reported for funding for fourth, fifth, and sixth years of funding, as specified in Florida Statutes § 1011.62 Lack of a student’s 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 Authority 1001.02, 1003.56 FS. Law Implemented 1003.56, 1011.62 FS. History-New 11-22-11, Amended 10-22-13, 12-23-14.