PROPOSED ESOL BILL: QUESTIONS AND ANSWERS
The proposed bill includes four components:
Section A: Reform of Accountability Policy for English Language Learners
Section B: Establishment of a State Advisory Council
Section C: Authorization of State Bilteracy Seal
Section D: Application of State ESOL Law to Private Schools Accepting Vouchers
A. Reform of Accountability Policy for English Language Learners In the midst of mounting pressure from national to local levels for testing reform, Florida has
kept focus on the needs of Florida's quarter million English Language Learners (ELLs) through
legislation to exempt them from certain accountability provisions for two years and requests to
the federal government to accept that change. With proper safeguards, a two-year exemption
would help increase fairness in Florida’s accountability system, as noted in LULAC Florida’s
statement at http://esolfl.blog.com/lulac-floridas-response-to-floridas-request-for-two-year-exemption-in-esea-waiver-for-ells-from-certainaccountability-requirements-sent-by-state-director-dr-lydia-medrano-to-fdoe-bureau-chief-c/ .
However, a two-year exemption is only a partial solution. The solution is partial in the sense that:
• It increases fairness to ELL students only during their first two years in our schools.
•
It does not increase accuracy in interpretation of the results of content assessments for
these students.
Implementation of the recommendations for reform crafted by the Task Force created by action
of the State Board of Education will meet Florida's goal of fairness to our ESOL students beyond
a two-year period and also protect all our students from the consequences of revocation of our
ESEA flexibility waiver.
Florida’s waiver status is in jeopardy so long as the ESOL testing issue is not resolved.
The Florida ELL recommendations provide a solution that is likely to gain federal approval since
they are consistent with comments from the peer review panel for the state’s ESEA flexibility
waiver application and with research papers published by the U. S. Department of Education
(USED). The recommendations are based on the advice of the nation's leading experts on the
education and assessment of ELLs, supported by state Hispanic political leaders, Florida civil
rights organizations, local elected officials, and professional and community organizations. The
ELL recommendations are also consistent with the positions of eleven national civil rights
groups who jointly press for a shift towards accountability strategies that promote equity and
strengthen, rather than weaken, schools in our communities, so that they can better serve students
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and accelerate student success http://www.otlcampaign.org/blog/2014/10/28/civil-rights-groups-demand-accountability-equity-publiceducation.
1. Why do we need to reform state accountability policy for English Language Learners (ELLs) now? There are three reasons why ELL accountability reform is needed now:
•
To resolve issues of fairness and accuracy for ELLs;
•
To protect Florida’s ESEA flexibility waiver status and thereby protect all students from
the havoc that would be caused if Florida’s ESEA flexibility waiver were rescinded;
•
To resolve the current conflict between Florida and the US. Department of Education in a
manner that honors both USED’s goals for full inclusion and Florida’s goals for fair
treatment of its ESOL students.
ELL Issues There is widespread agreement that current accountability policies are not fair to ELLs, their
schools, and their communities. Further, the difficulty in distinguishing how much of an ELL’s
score on a content assessment reflects incomplete command of the language of the test and how
much results from knowledge of the subject makes accurate interpretation of results impossible.
For this reason, in 2012 the State Board of Education created the Task Force whose
recommendations are part of this proposed bill.
The problem is even more pressing now on the eve of administration of more difficult
assessments based on rigorous college and career readiness standards.
We must learn from the experience of other states. On the first administration of assessments
based on new standards, New York's ESOL students scored in the single digits in both English
Language Arts (ELA) and Mathematics. The same pattern was repeated in New York on the
second administration of the new tests in 2014. Similar results occurred in Kentucky for Reading
and Mathematics for all three years of assessments on new standards and in Utah for results
recently released for Language Arts, Mathematics, and Science.
Assessment results for these states are available at the following sites.
NY STATE Public School 3-8 ELA Assessments (2013 + 14)
http://data.nysed.gov/assessment38.php?year=2014&subject=ELA&state=yes
In 2013 and in 2014, 3% of ELLs in grades 3-8 scored at proficient levels in English
Language Arts (ELA). Both years, the ELL subgroup ranked as the lowest scoring on the
ELA assessments.
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NY STATE Public School 3-8 Mathematics Assessments (2013 + 14)
http://data.nysed.gov/assessment38.php?year=2014&subject=Mathematics&state=yes
In 2013, 9% of ELLs in grades 3-8 scored at proficient levels on Mathematics. In 2014,
12% of ELLs scored at proficient levels on Mathematics and were the lowest scoring
subgroup on both the ELA and the Mathematics assessments.
Kentucky Performance Rating for Educational Progress (K-PREP)
http://applications.education.ky.gov/SRC/AssessmentByState.aspx
For all three years of testing in Kentucky based on new standards, ELLs were the lowest
performing of all subgroups or the lowest performing of all subgroups other than those
composed of students with disabilities, at both elementary and middle school grades and
in both Reading and Mathematics.
Utah SAGE State Results by Demographic Group, 2013-14
https://datagateway.schools.utah.gov/SAGE
The results were similar to those of New York and Kentucky. In Utah, ELLs’ percent
proficient results for Language Arts (8.3% proficient) and Science (7.6% proficient) and
slightly higher scores in Mathematics (10.5% proficient compared to 38.7% for All
Students) placed this subgroup as the worst performing in all three subjects.
Unless there is reform in the state’s ELL accountability policy, a quarter million ELLs in Florida
will suffer the same fate as their counterparts did in New York, Kentucky, and Utah with no way
to interpret if low scores reflect language interference or lack of content knowledge.
Implementation of Florida’s ELL recommendations is needed with or without federal permission
for the two-year exemption Florida has requested. We need to move forward now with these
recommendations as a backup plan in case Florida’s request is not approved. These
recommendations also serve as a follow up plan for the remainder of the four to seven years
students are typically in ESOL status if Florida does succeed in getting the two-year exemption.
Issues affecting all students and schools In August, 2014, the USED had again rejected Florida’s request for a two-year exemption from
requirements for inclusion of ESOL students’ results in performance calculations.
A letter from the USED Assistant Secretary Deborah S. Delisle to Florida Education
Commissioner Pam Stewart warns that renewal of Florida’s ESE flexibility after 2014-2015
depends on compliance with this aspect of federal law.
Please note that I am not approving Florida's proposed amendment to exempt English
Learners (ELs) who have attended schools in the United States for less than two years
from the performance component of the State's accountability system under ESEA
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flexibility. As I indicated in my letter of April 14, 2014, outside the limited exception
discussed in that letter, current law requires assessing all students in tested grades and
including their results in accountability determinations in order to ensure that teachers
and parents of ELs have information on students' progress and that schools are held
accountable for the academic achievement of ELs.
Florida's progress in implementing all ESEA flexibility requirements and progress on
this issue will inform ED's decision regarding renewal of Florida's ESEA flexibility after
the 2014-2015 school year.
http://www2.ed.gov/policy/eseaflex/secretary-letters/fl2extltr8142014.pdf
Florida has initiated legal action to protest the USED’s decision. An article from the Tampa Bay
Times describes the status of the current crisis http://www.tampabay.com/news/education/testing/state-federalgovernment-wrestle-over-testing-for-students-learning-english/2202760 ,
Should Florida not prevail in this legal action, Florida must comply with federal law or risk
nonrenewal of its waiver. Revocation of the flexibility waiver would make Florida subject to the
original provisions of NCLB that require 100% proficiency by 2014 for all subgroups in all
schools. The consequences of that loss could negatively affect all Florida schools.
When the state of Washington lost its waiver earlier this year, Governor Jay Inslee predicted that
the action could lead to layoffs and program cuts.
http://www.washingtonpost.com/blogs/govbeat/wp/2014/04/24/washington-becomes-first-state-to-lose-its-waiver-from-no-child-left-behind/
Washington lost flexibility in the use of millions of dollars in Title I funds. Losing the waiver
placed many of the state’s public schools into the failing-to-make-adequate-yearly-progress
(AYP) category http://lawprofessors.typepad.com/education_law/eseanclb and triggered requirements to notify
parents that the school failed to make AYP. This notification must also inform them of their
right to transfer their children to another school.
The Washington State Superintendent of Public Instruction asked the USED to waive the
notification requirement. He said sending out the letters would be pointless because nearly every
school in the state will fail to make AYP. The letters would do nothing more than undermine
public support for education.
http://lawprofessors.typepad.com/education_law/eseanclb/
Conflict Resolution Adoption of the following Florida ELL accountability recommendations offers the opportunity
for a harmonious resolution to current conflict between the federal goal of including all students
in accountability systems and Florida’s goal of treating ELLs fairly.
FLORIDA ELL RECOMMENDATION 1: Holding schools accountable and allocating credit for
growth in English language proficiency by adding results on the state’s English Language
Proficiency (ELP) assessments to performance calculations for ELLs for school report card
grades. 4
This was the advice provided by the peer review panel for Florida’s initial ESEA flexibility
waiver. It was also among the major recommendations from English-learner experts who were
commissioned by the federal Education Department this year to help states hold schools more
accountable for such students, as noted in Education Week’s overview of Florida’s ELL
recommendations http://www.edweek.org/ew/articles/2012/05/23/32ell.h31.html .
The following comment from the peer review panel directly addresses the federal goal of
inclusion of ELLs in the performance calculations for Florida’s accountability system.
Consider using the English Language Proficient Assessment results to ensure inclusion of
all ELs in the performance measure of the A-F grading system.
http://www2.ed.gov/policy/eseaflex/panel-notes/fl.pdf
Federal official Jose Rico added support for this recommendation and for the
recommendation on home language testing in his opinion piece in the Miami Herald.
Florida’s new accountability system will give it the flexibility to use Spanish and other
native-language assessments to help ELLs demonstrate knowledge in subjects like math,
reading or science. The state may also count the results of English language proficiency
assessments toward school progress in language arts.
http://www.miamiherald.com/2012/08/18/2956593/key-florida-reforms-end-climate.html#storylink=cpy
An English Language Proficiency test is already administered to all ESOL students in the state
so there would be no additional cost for this assessment. Use of either or both ELP and home
language testing results would also permit immediate and fair inclusion of ELLs in performance
calculations.
FLORIDA ELL RECOMMENDATION 2: Setting ELL performance expectations and related
school report card metrics linked to ELP level and years in program through use of weighted
measures of ELLs’ results on content assessments. Specification of percentage allocations for weighted measures by ELP level over a five year
period should be based on review of state data to empirically establish expectations.
This recommendation is supported by the conclusions of highly respected researchers. In his
letter of protest to Secretary of Education Arne Duncan, Governor Scott cited one of the nation’s
leading experts on the education of ELLs, Dr. Jamal Abedi. In a review of fundamental concepts
in assessing ELLs co-authored by Dr. Abedi and Dr. Robert Linquanti, they state:
Knowing an ELL's ELP level is essential to judging the validity of the inferences from
assessments in the content areas.
http://ell.stanford.edu/sites/default/files/pdf/academic-papers/07Abedi%20Linquanti%20Issues%20and%20Opportunities%20FINAL.pdf
The Working Group on ELL Policy consists of researchers with extensive experience in
educating ELL students and a substantial understanding of the research on effective strategies for
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this population. They bring the combined knowledge of several leading universities and
educational research organizations across the United States. The Working Group members
include (alphabetically):
•
•
Diane August, Center for Applied Linguistics (co-convener)
Steve Barnett, National Institute for Early Education Research
•
Donna Christian, Center for Applied Linguistics
•
Michael Fix, Migration Policy Institute
•
Ellen Frede, National Institute for Early Education Research
•
David Francis, University of Houston
•
Patricia Gándara, University of California, Los Angeles
•
Eugene Garcia, Arizona State University
•
Claude Goldenberg, Stanford University
•
Kris Gutiérrez, University of California, Los Angeles
•
•
Kenji Hakuta, Stanford University (co-convener)
Janette Klingner, University of Colorado
Robert Linquanti, WestEd (co-convener)
Jennifer O’Day, American Institutes for Research (co-convener)
Charlene Rivera, George Washington University Center for Equity and Excellence in
Education (co-convener)
http://ellpolicy.org/about/
•
•
•
The prestigious members of the group of experts provide support for this Florida ELL
recommendation as they comment on the issue of faulty expectations about language and
academic outcomes in accountability systems. The Working Group recommends:
accountability provisions that require states to set expectations for (1) students’ progress
and attainment in English language proficiency based on time in the state, and (2)
students' academic performance based on their expected English language proficiency
level (determined by number of years in the state), or their actual English language
proficiency level (if higher than the expected level).
http://ellpolicy.org/wp-content/uploads/ESEAFinal.pdf
University of Florida professor Dr. Ester de Jong, LULAC Florida’s representative to the State
Board of Education’s Task Force, argued for the recommendation during an interview with
Education Week’s Lesli Maxwell.
A level-one score [the lowest level] on the FCAT for a native English-speaker means
something entirely different than a level-one score for a student who is a beginner in
learning English," Ms. de Jong said. "So doesn't it make sense that we would look at
those differently? http://www.edweek.org/ew/articles/2012/05/23/32ell.h31.html
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FLORIDA ELL RECOMMENDATION 3: Disaggregating and reporting ELL performance data by
grade, school, district, and state; home language, English Language Proficiency (ELP) Level,
Exceptional Student Education (ESE) status, mobility rate, migrant program status, subsidized
meal status, immigrant generation, years in each type of ESOL instructional model, and type of
teacher’s pathway to credentials in or related to ESOL; reporting students’ date of entry into
ESOL programs, date of exit from ESOL programs, dates of years enrolled in schools outside of
the US mainland where instruction is provided in a language other than English; and tracking
and reporting performance data for former ESOL students for as long as they are in Florida
schools and colleges to get a full picture of their performance and of the effectiveness of ELL
services and for the purpose of gathering data for analysis leading to program improvements and
policy initiatives. The Working Group on ELL Policy advises establishing and tracking performance of former
ELLs in an additional Total English Learner (TEL) subgroup.
The Working Group explains that these recommendations improve accountability for ELL
success in three ways:
(1) Maintaining consistent subgroup designation yields more accurate information about
performance and progress of the subgroup, thus enhancing program evaluation and
improvement efforts.
(2) Continuing to monitor the progress of ELLs throughout their school careers
recognizes the developmental nature of second language acquisition and allows better
service delivery to students at all levels of English proficiency.
(3) Establishing a TEL subgroup increases fairness and legitimacy of the accountability
system. Accurate information is essential to a fair and legitimate accountability system.
Increasing the accuracy of ELL subgroup monitoring (see above) would enhance the
fairness and acceptance of the accountability measures, as both successes and continued
challenges are acknowledged and included in determinations of progress.
http://ellpolicy.org/wp-content/uploads/PolicyBrief.pdf .
FLORIDA ELL RECOMMENDATION 4: Permitting school districts the option of testing for state
accountability purposes in home languages for those students for whom it is appropriate and
feasible, as authorized for three to five years by the No Child Left Behind Act, and producing a
timetable and action plan for the state’s development or adoption of these examinations, starting
with the two largest primary language groups represented in Florida’s ELL population.
Testing for accountability purposes in the home language is appropriate for students who have
recently or are currently receiving instruction in that language. Students newly enrolled in
Florida schools who were taught through a language other than English prior to their enrollment
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in Florida schools would benefit from this provision. So would students who are enrolled in Dual
or Heritage Language programs.
On June 18, 2013, Dr. Lydia Medrano, LULAC Florida State Director, brought to the attention
of the State Board of Education six gaps to be filled to fully prepare for total implementation of
new standards, curriculum, and assessments in a way that addresses the specific needs of ELLs.
The statement is available at http://esolfl.blog.com/gaps-to-be-filled-to-fully-prepare-for-total-implementation-of-common-corealigned-curriculum-and-assessments-and-the-specific-needs-of-english-language-learners-ells/
Directly linked to accountability concerns was her recommendation that given the brief time
secondary school ELLs have to meet graduation requirements, the FDOE should consider ways
to expand home language and dual language programming.
Less than ten percent of our students participate in these programs. However, there are no state
incentives for the creation of additional dual language programs, although we know this is the
best way to reduce the achievement gap for ELLs and that these programs are beneficial to all
participants. On the contrary, premature achievement testing solely through the English language
of participants in Dual Language programs creates a disincentive for expansion of those
programs, as reported by Lauren Roth in the Orlando Sentinel’s series of articles on ESOL
students http://esolfl.blog.com/2013-media-summary-on-ell-issues-june-to-present/ .
Florida has not taken advantage of explicit permission provided by No Child Left Behind to
provide home language tests for accountability purposes for students for whom they are
appropriate. So far, also overlooked is the opportunity presented by both content area testing
consortia that are providing Spanish and other language versions of their assessments of college
and career readiness standards.
New Mexico, New York, and Texas are among the states that administer assessments in
languages in addition to English, as described below.
New Mexico
Students Who Have Been in the U.S. Schools for Less than Three Consecutive Years
These students may participate in the NM Standards Based Assessment in one of three
ways:
1. The student may participate in the standard administration of the Spanish
language version of the assessment (where available and appropriate);
2. The student may participate in the English language version of the assessment
with appropriate accommodations; or
3. The student may participate in the standard administration of the English
language version of the assessment without accommodations.
Students Who Have Been in U.S. Schools for Three or More Consecutive Years
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These students must participate in the English language version of the assessment (with
or without allowable accommodations) unless a waiver to continue testing the student in
his/her home language has been approved by the secretary.
Waivers to Continue Assessing Students in Their Home Language
If after three consecutive years in U.S. schools, the district determines (on a case-by-case
basis) that academic assessments in the student’s home language would yield more
accurate and reliable information about his/her knowledge of a subject, the district may
request a waiver from NMPED to continue to assess the student in his/her home
language. Approved waivers are effective for the current year only. Waivers may be
requested for a maximum of two years . http://www.ped.state.nm.us/ped/BilingualDocs/SY%2020132014%20BMEB%20Technical%20Assistance%20Manual.pdf
New York
The Grades 3-8 assessment in Mathematics is available in Chinese, Haitian Creole,
Korean, Russian and Spanish. The Grade 4 and 8 Science assessments and the Grade 4
and 8 Social Studies assessments are available in Chinese, Haitian Creole, and Spanish.
NYS translates content-area exams in the following five languages: Chinese, Haitian
Creole, Korean, Russian and Spanish. Math, Science and Social Studies, at the 3-8 level,
are published by NYSED in several of the most commonly-spoken languages in NYS. In
Math – Chinese, Haitian Creole, Korean, Russian and Spanish; in Science and Social
Studies - Chinese, Haitian Creole, and Spanish.
All Regents level content-area tests (Mathematics, Science, Social Studies) are available
in the Chinese (Traditional), Haitian Creole, Korean, Russian, and Spanish languages.
http://www.p12.nysed.gov/biling/bilinged/faq.html#testing
Texas
§89.1267, effective May 28, 2012, 37 TexReg 3822.
Standards for Evaluation of Dual Language Immersion Program Models.
(a) A school district implementing a dual language immersion program must conduct
annual formative and summative evaluations collecting a full range of data to determine
program impact on student academic success.
(b) The success of a dual language immersion program is evident by students in the
program demonstrating high levels of language proficiency in English and the other
language and mastery of the Texas essential knowledge and skills for the foundation and
enrichment areas. Indicators of success may include scores on statewide student
assessments in English, statewide student assessments in Spanish (if appropriate), normreferenced standardized achievement tests in both languages, and/or language
proficiency tests in both languages.
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http://ritter.tea.state.tx.us/rules/tac/chapter089/ch089bb.html
2. Is ELL accountability reform needed for Mathematics, Science, and
Social Studies too?
Yes. So noted by experts and confirmed by the results of assessments based on new standards in
three states. Therefore, the proposed reforms should be applied to both the FSA and state
administered End of Course Exams.
Mathematics According to Drs. Jamal Abedi and Robert Linquanti:
New college and career ready standards specify to an unprecedented degree the kinds of
academic language competencies that students need in order to perform content area
tasks and demonstrate subject matter mastery. In addition to explicitly defining K-12
listening, speaking, reading, and writing standards in English language arts, common
core state standards in ELA also define for history/social studies, science, and technical
subjects at the secondary level. Across these different content areas and including
mathematics, all students will now be expected to engage with more complex tasks and to
carry out more language-rich tasks in discipline appropriate ways during both learning
and assessment situations. http://ell.stanford.edu/sites/default/files/pdf/academic-papers/07Abedi%20Linquanti%20Issues%20and%20Opportunities%20FINAL.pdf
Drs. Jamal Abedi and Harold Levine emphasize the much higher language load the new
standards incorporate into mathematics instruction and assessment.
In the standards for mathematical practice the new standards require all students to
explain, critique, communicate, compare and make plausible argument when solving
math problems. This requires a high command of both oral and written English
language. Therefore to perform well in math and English all students, including ELLs,
must not only master math content knowledge, but they must also be quite proficient in all
domains of English – including reading, writing, speaking, and listening – to perform
successfully in the assessments.
http://content.yudu.com/Library/A20g1r/JanuaryFebruary2012L/resources/index.htm?referrerUrl=http%3A%2F%2Fwww.acsa.org%2
FFunctionalMenuCategories%2FMedia%2FLeadershipMagazine%2F2013-Archives%2FJanuaryFebruary-2013.aspx
Science The same point of much higher language load incorporated in new standards and related
assessments is made for Science by Drs. Helen Quinn, Stanford University; Okhee Lee, New
York University; and Guadalupe Valdés, Stanford University, in “Language Demands and
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Opportunities in Relation to Next Generation Science Standards for English Language Learners:
What Teachers Need to Know”.
They draw attention to the components of the “Framework for K-12 science education:
Practices, crosscutting concepts, and core ideas” that define eight science and engineering
practices and point out that engagement in any of the practices involves both scientific sensemaking and language use. The authors assert:
engagement in these practices requires classroom science discourse, which demands
both receptive and productive language skills. Students read, write, and visually
represent as they develop their models and explanations. They speak and listen as they
present their ideas and engage in reasoned argumentation with others to refine them and
reach shared conclusions. This offers rich opportunities and demands for language
learning at the same time that it supports science learning.
http://ell.stanford.edu/sites/default/files/pdf/academic-papers/03Quinn%20Lee%20Valdes%20Language%20and%20Opportunities%20in%20Science%20FINAL.pdf
Social Studies University of South Florida Professors Dr. Bárbara C. Cruz and Dr. Stephen J. Thornton describe
social studies as the most conceptually dense of subject matters because of frequent use of
abstract concepts, infrequently used vocabulary, archaic terms, and complex syntax.
Cruz, B.C., & Thornton, S.J. (2013). Teaching Social Studies to English Language
Learners, 2nd edition. New York: Routledge Publishers.
3. How do the Florida ELL recommendations relate to the legislative
platforms of Florida’s school districts?
The Florida ELL recommendations are compatible with the pertinent sections of the Miami-Dade
School System’s 2014 legislative agenda, (p. 2 of 6, Accountability Reform) copied below.
Revise the current assessment system and accountability system to: provide the inclusion
of data from multiple forms of assessment; eliminate the practice of using student
performance on the standardized test is the sole basis for student and school
performance; authorize alternative methods for assessing learning and achievement for
special populations such as ESE and English language learner (ELL) students; and
provide the Florida Comprehensive Assessment Test(FCAT), and other state wide
assessments in multiple languages as allowed by federal regulations.
http://gafla.dadeschools.net/pdf/SB_Adopted_Leg_Positions.pdf
The basis for congruence of the Florida ELL recommendations with the priorities of the MiamiDade school system was updated by school board action taken on Sept. 3, 2014 to approve
Superintendent Carvalho’s recommendation to allow two years of language acquisition for ELLs.
http://pdfs.dadeschools.net/Bdarch/2014/Bd100714/agenda/H2rev.pdf
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The summary of key Florida ELL recommendations by Task Force member Superintendent
Alberto Carvalho, prioritized for purposes of legislative drafting, is available at Subcommittee on
English Language Learners Conference Call - July 30, 2012, http://data.fldoe.org/winmed/esea/ESE73012.wmv .
The Florida ELL recommendations are also in sync with the Florida School Boards
Association’s 2014 Legislative Platform priorities on assessment and accountability (p. 1)
http://fsba.org/wp-content/uploads/2014/01/2014_Ratified_Platform.12_5_13.pdf . The FSBA Platform is both a summary
and a guide for the legislative platforms of Florida’s school boards.
The Florida ELL recommendations are also compatible with the 2014 Legislative Platform of the
Florida Association of District School Superintendents (FADSS), which includes the following
item:
Identify Needed Modifications in NCLB Waiver.
The state accountability system must not be structured in a manner that hinders the
success of Exceptional Student Education (ESE) and English Language Learners (ELL).
Modifications are needed in the NCLB waiver to address the impact on ESE and ELL
students. These students must be treated fairly and given the opportunity to succeed. In
addition, the school grading system must fairly reflect the performance of these students.
http://esolfl.blog.com/tf-why-the-ell-recommendations-of-the-commissioner%E2%80%99s-task-force-on-inclusion-and-accountability-shouldbe-implemented/
The FADSS 2014 Legislative Platform reinforces the need for reform of ELL accountability
policy.
The Florida DOE should work with the United States DOE to modify any waiver that is
impacted by these changes in Florida’s accountability system, particularly as it relates to
English Language Learners.
http://www.fadss.org/_docs/_content/Final%202015%20FADSS%20Legislative%20Platform2.pdf
National Superintendent of the Year Alberto Carvalho, whose Miami-Dade district serves 70,000
students in ESOL programs, summarized the current status of accountability policy for ELLs
with one choice phrase delivered at a 2014 winter meeting of the State Board of Education: “An
abomination”.
http://esolfl.blog.com/tf-why-the-ell-recommendations-of-the-commissioner%E2%80%99s-task-force-on-inclusion-and-accountability-should-beimplemented/
4. How do Florida communities and community based organizations feel
about the proposed accountability provisions in the draft bill?
There is extensive support from community based and professional education organizations for
implementation of the Florida ELL recommendations.
Section 3.C of Executive Order 13-276 directs the Commissioner of Education to take steps to
revamp accountability provisions specifically for ESOL students. The Executive Order is here
http://www.flgov.com/wp-content/uploads/2013/09/EO-13-276.pdf .
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During October 2013, members of the following organizations expressed support for reform of
accountability provisions for ESOL students by urging implementation of the Florida ELL
recommendations:
•
•
•
•
•
•
•
•
Broward Parent Leadership Council
Dade Association of School Administrators
Florida Chinese Federation
LULAC Florida
Miami-Dade County Commission
NAACP, Florida Conference
Sunshine State TESOL of Florida
United Teachers of Dade (UTD)
Their comments can be viewed on Governor Rick Scott’s page on Sunburst, beginning on Oct. 2
and ending on Oct. 31, 2013, the deadline for comments to the Florida Department of Education
on new standards and assessments. http://www.flgov.com/sunburst/
LULAC Florida and Broward Leadership Council members also raised ESOL accountability
issues at the public hearings held by the Florida Department of Education.
The following are among those who sent messages to members of the State Board of Education
asking them to move ahead with approval of the Florida ELL recommendations.
ASPIRA of Florida
Carol Cortes, Retired Administrator, MDCPS
Dade Association of School Administrators
Ester de Jong, LULAC Representative to the Task Force, Alachua County
Evelyn Torrey, TESOL Faculty, College of Education, Florida Atlantic University
Florida Association of Bilingual and ESOL Supervisors (FABES)
Florida Education Association (FEA)
Florida Public Employees Partnership
Hispanic Education Coalition, Palm Beach
Hispanics United Global Embassy (H.U.G.E.)
Institute of Mexicans in the Exterior
LULAC Florida, Jose A. Fernandez, State Director
Maria Raftis, Marion County ESOL Teacher
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Mary Sanchez, Retired Foreign Language Supervisor, Pinellas County Schools
Mercedes Pichard, formerly ESOL teacher, Lee County Schools
Miami Dade TESOL/Bilingual Association of Florida
NAACP, Florida State Conference Education Committee
National Association of Cuban American Educators (NACAE)
Pat Grant, Duval County, President, Sunshine State TESOL of Florida
Rochelle Cisneros, Special Assistant on Education Policy, Florida Embassy LULAC
Council, Brevard County
Rosa Castro Feinberg, International Director for Educational Affairs, LULAC
International Embassy
United Teachers of Dade (UTD)
United Teachers of Dade (UTD) Intercultural and Human Rights Committee and Florida
Education Association (FEA) Minority Affairs Committee
Quan Cao on behalf of Florida Asian Communities
http://esolfl.blog.com/stakeholders-who-requested-that-the-state-board-of-education-move-forward-with-the-ell-recommendations-ofthe-commissioners-task-force-on-inclusion-and-accountability/
Additional statements of support for implementation of the Florida ELL recommendation are
available at the indicated links.
Andy Ford, FEA President
http://esolfl.blog.com/tf-letter-from-andy-ford-president-florida-education-association-fea-to-chairperson-kathleen-shanahanstateboard-of-education-may-2-2012/
Gepsie M. Metellus, Executive Director, Sant La Haitian Neighborhood Center
http://esolfl.blog.com/tf-letter-from-gepsie-m-metellus-executive-director-sant-la-to-governor-rick-scott/
Mario A. Nuñez, former ESOL Supervisor for the FDOE
http://esolfl.blog.com/tf-carta-de-mario-a-nunez-al-gobernador-rick-scott/
Marcos Regalado, President, Spanish American League Against
Discrimintation (SALAD)
http://esolfl.blog.com/tf-letter-from-marcos-regalado-president-spanish-american-league-against-discrimintation-salad-to-governorrick-scott/
Maria Julieta Romano, Parent of an ESOL Student
http://esolfl.blog.com/tf-letter-from-maria-julieta-romano-parent-of-an-esol-student-to-governor-rick-scott/
5. What is the position of Florida’s elected officials on changing
accountability provisions for ELLs?
14
The state’s Hispanic political leaders and local elected officials in four counties have
demonstrated their support for implementation of the Florida ELL recommendations.
State Elected or Appointed Officials As reported by Jeff Solochek, Tampa Bay Times, in “Lawmakers urge Florida Board of
Education to reconsider school grade rules for English-language learners”:
U.S. Rep. Iliana Ros-Lehtinen, state Sen. Rene Garcia and state Rep. Carlos Lopez
Cantera have sent letters (attached below) to the board deploring its new policies, and
the fact that several recommendations made by educators and activists were completely
overlooked. They're asking the board to think again, with an eye toward removing
barriers that could hurt schools and students who can't necessarily show their academic
prowess in English.
The following sections from the statement sent by Senator Rene Garcia, Chairman of the Florida
Hispanic Legislative Caucus, were quoted in this article.
“By not including any of the recommendations of the Task Force, your actions will
severely impact the positive trend in student achievement made by Miami-Dade County
Public Schools and various other school districts," wrote Garcia, chairman of the
Florida Hispanic Legislative Caucus.
"These actions will likely lead to more schools in the state dropping a letter grade,
increase the number of schools statewide receiving an “F”, put schools/communities with
a high percentage of students for whom English is a second language at an unfair
disadvantage, and result in fewer students considered to be on grade level.
"I am asking for the removal of all state impediments to the adoption of ELL Task Force
recommendations and proceed to negotiate, face to face, recommendations that require
federal approval. The negotiating team should include Task Force members. I am
respectfully asking that you make a decision that is fair and benefits all of Florida’s
students. Thank you."
http://www.tampabay.com/blogs/gradebook/content/lawmakers-urge-florida-board-education-reconsider-school-graderules-english-language-learne
The Florida ELL recommendations included in this proposed bill were crafted by the Task Force
created by the State Board of Education. At the May 10, 2012 meeting of that board, then board
member Bob Martinez stated:
I respect the work of the Task Force. All of the recommendations, for me, have the strong
presumption that we should adopt them. All of them.
Counter number 31.29 at http://data.fldoe.org/winmed/2012_05_09/SBOE51012pt1.wmv
15
Local Elected Officials During 2012, city and county commissions, boards, and community based organizations adopted
resolutions urging implementation of the Florida recommendations for reform of accountability
measures for vulnerable student populations. Over a dozen government bodies and several
community organizations from four counties in South Florida, Central Florida, and the Tampa
Bay area including:
LULAC Florida, May 27, 2012
City of Pembroke Pines Commission, unanimously adopted on June 20, 2012, sponsored
by Commissioner Angelo Castillo
Miami-Dade County Commission, unanimously adopted July 3. 2012, sponsored by
Commissioner Rebeca Sosa.
City of Longwood Commission, unanimously adopted July 16, 201, sponsored by
Commissioner Bob Cortes.
Hillsborough School Board resolution on testing adopted July 31, 2012; Paragraph 5 on
Special Populations sponsored by Board Member Susan Valdes
City of Hialeah Council, unanimously adopted Aug 14, 2012, sponsored by Councilman
Jose Caragol.
Spanish American League Against Discrimination (SALAD) Board, Sept. 4, 2012
City of Aventura Commission, unanimously adopted on Sept. 4, 2012, sponsored by
Commissioner Luz Urbaez Weinberg
Miami-Dade County School Board, Item H-22, adopted on Sept. 5, 2012, calling for
status report and support for continued advocacy by the Superintendent in support of fair
and just accountability for Special Populations, sponsored by Board Member Perla
Tabares Hantman
City of Miami Gardens Council, unanimously adopted on Sept. 12, 2012, sponsored by
Councilman David Williams, Jr.
City of Homestead Council, unanimously adopted on Sept. 19, 2012, sponsored by
Councilmember Patricia Fairclough-McCormick
The Board of the Kendall Federation of Homeowner Associations (KFHA), adopted on
Sept. 20, 2012, item sponsored by KFHA board member Libby Perez
City of Sweetwater Commission, unanimously adopted on Oct. 1, 2012, sponsored by
Mayor Manuel “Manny” Maroño and Commission Vice-Chair Jose Diaz
16
Broward County School Board, unanimously adopted Nov. 7, 2012, sponsored by Board
Members Robin Bartleman and Patricia Good
City of Florida City Commission, Resolution 12-60 unanimously adopted on Nov. 27,
2012, sponsored by Mayor Otis Wallace.
http://esolfl.blog.com/2013/01/07/2012-resolutions-adopted-in-support-of-english-language-learners/
B. Establishment of a State Advisory Council 1. Why do we need a State Advisory Council on the Education of English
Language Learners (ELLs)?
Media coverage over the past seven years reveals the depth and breadth of concerns regarding
the education and fair assessment of over 10% of our students and highlights unreasonable
delays in implementation of recommendations to improve their education. Contentious issues
have emerged on multiple occasions during the past seven years.
An Advisory Council is needed to provide informed and expert guidance on these issues.
Summaries of ELL coverage of these issues from news outlets in Florida, Washington, DC, and
elsewhere are available at these pages:
http://esolfl.blog.com/2007-09-media-coverage-sb0286hb-0491-esol-inservice-training/,
http://esolfl.blog.com/2011-media-coverage-of-florida-esol-rules/
http://esolfl.blog.com/2012-media-coverage-of-ell-issues/
http://esolfl.blog.com/2013-media-summary-on-ell-issues-june-to-present/
.
The proposed Advisory Council is consistent with recommendations of The Working Group on
ELL Policy, whose members are listed on p. 6 of this statement and at
http://ellpolicy.org/about/ .
Drs. Kenji Hakuta and Robert Linquanti summarized the Working Group’s position on Advisory
Councils in these terms:
This group of experts recognizes the complexity of developing assessments and
assessment systems that yield valid and reliable results for ELLs and understands that
this will be an incremental process. Ensuring that the best decisions are made with
sufficient quality assurance will require the knowledge and deliberation of the best
expertise in the country on these issues, over an extended period of time.
The ELL Working Committee’s recommended mechanism to ensure this issue is
addressed is an independent ELL Expert Committee on Assessment and Accountability
(ELLECAA) appointed by the Secretary and selected from a recommended list provided
by the National Academy of Sciences, the National Academy of Education, professional
associations, and ex officio membership from key offices in the Department of Education.
17
http://www.naleo.org/2013_NELI/Recommendations%20for%20ESEA%20Reauthorization.pdf
The structure of the proposed Florida Advisory Council reflects the pattern established by the
Working Group on ELL Policy and the model set by other Florida Advisory Councils.
2. Is there precedent in the legislature for establishment of an advisory
council on ESOL matters?
Yes.
In 2008, the members of the Florida House voted unanimously for a bill that would have
established such a Council.
3. There is already an advisory group to the Bureau of Student
Achievement through Language Acquisition (SALA). Why do we need
another one?
The existing informal advisory group does not have the resources needed for transparency. It
does not maintain a web page with webcasts of meetings, minutes, reports, and meeting
announcements for the advisory council or otherwise systematically communicate to the field
and to the public. It does not include state and local elected officials who are in leadership
positions needed to translate recommendations into action. There is no requirement that the
existing group be consulted when policy decisions regarding ESOL programs and students are
made.
There is no assurance that the informal advisory group will have the range of expertise needed to
resolve complex issues related to ELLs at all grade levels, from a variety of ethnolinguistic and
national origin groups and from all regions of the state, and to cross-cutting issues such as
assessment and accountability. At times of crisis such as the one currently confronting the state,
Florida needs a formal Advisory Council that includes experts, parents and other stakeholders,
and the policy makers who can bring about meaningful change.
C. State Biliteracy Seal 1. Why do we need a State Biliteracy Seal?
A state biliteracy seal on high school diplomas would identify and celebrate those who have
attained proficiency in one or more languages in addition to English and encourage more
students to develop the multilingual skills which are vital to Florida’s economy.
This recognition of our outstanding students would also encourage districts to expand their dual
language programs. For an overview of why such expansion is desirable, see Education Week’s
18
“School Successes Inspire N.C. Push for Dual Language”, by Lesli Maxwell.
http://www.edweek.org/ew/articles/2014/10/15/08dual.h34.html?r=39168288&preview=1
2. What states offer a biliteracy seal?
California was the first state to offer the seal, followed by New York, Illinois, Washington,
Texas, New Mexico, and Louisiana.
3. Is there community support for the biliteracy seal?
Yes. An expanded rationale for the request for a state biliteracy seal is set forth in the resolution
adopted by LULAC Florida and by LULAC National. That resolution is located here:
http://esolfl.blog.com/2013/09/12/lulac-resolution-to-encourage-states-to-designate-a-state-seal-of-biliteracy-for-students-withdemonstrated-high-levels-of-proficiency-in-one-or-more-languages-in-addition-to-english/ .
D. Application of State ESOL Law to Private Schools Accepting Vouchers 1. Why should private schools accepting vouchers abide by the state’s
ESOL law?
Tax Credit Scholarships, typically referred to as vouchers in the media, are funded through
taxpayer donations contributed to a Scholarship Funding Organization in return for tax credits
applied to the donor’s obligations to the state. They are, therefore, funded by functionally public
funds. Public oversight and regulation must accompany use of funds donated by Florida
taxpayers to pay tuition costs at private schools.
The benefits and services ELLs are entitled to in traditional schools are not guaranteed to them in
voucher schools because state ESOL law does not currently apply to them. The taxpaying
parents who choose to participate in voucher programs should not have to sacrifice their
children's ESOL rights in order to do so. Further, there is no requirement that parents be
informed of what they must give up in return for a voucher.
A simple one-line addition to amend existing law solves this aspect of public concerns with
voucher programs.
2. Is there a precedent for application of equity law to private schools?
Yes. The proposed amendment would be analogous to the statute’s section (2)(a) of 1002.421,
F.S., “Comply with the antidiscrimination provisions of 42 U.S.C. s. 2000d” .
3. How many students could benefit from this amendment?
19
The August 2014 annual evaluation report for the Florida Tax Credit Scholarship Program
(FTCSP) included a summary of test results for an Ever-limited-English -proficient subgroup,
comprising 21% of voucher program participants, or more than 10,000 students.
http://www.floridaschoolchoice.org/pdf/FTC_Research_2012-13_report.pdf
4. Has there been media coverage of this issue?
Yes.
For editorial comments, see EDITORIAL EN NUESTRA OPINION: La polémica expansión de
los vales escolares. el Nuevo Herald, 6/21/14. http://www.elnuevoherald.com/2014/06/21/1779059/ennuestra-opinion-la-polemica.html#storylink=cpy
For overall media attention to this issue, see http://esolfl.blog.com/2014-media-coverage-esolvoucher-issues/ .
For statements from LULAC Florida on the issue, see
statements-from-lulac-national-lulac-international-embassy-and-lulac-florida/
20
http://esolfl.blog.com/2014/06/04/voucher-veto-requests-and-