FRA Legislative Update
Florence Brainerd, Legislative Advocate
March 2009, Week 4 – FL Legislative Session

The mood in the capitol last week differed at each end of the hall. In the House the mood was almost frantic after Speaker Cretul announced that last week would be the last week of regularly scheduled committee meetings, ending the debate on committee bills two weeks early. In the Senate, the mood was more deliberate, but even there the senators were feeling the looming end of the session.

The Senate has received its budget allocation and it is up to the Education Appropriations Committee to decide how its funds will be spent. The House has yet to receive their allocation numbers. However, both houses have found it difficult to write an education budget when it’s not known if the waiver for the Federal Stimulus Education Fund will be authorized, and, if so, when Florida will receive it.

There are two legislative bills and several State Board of Education rules (SBE) that are of interest to the reading educators.

On Thursday, March 26th, the House PreK-12 Appropriations Committee filed and introduced HB 7087 on Student Achievement. It is a 25 page bill that includes language on FCAT Reading.

• There is a provision that offers an exemption from the required intensive reading course for certain middle grade students scoring Level 1 or 2 on FCAT Reading. And,
   
• It provides that a high school student who scores at Level 1 or Level 2 on FCAT Reading, but who did not score below level 3 on FCAT Reading in the prior school year, may be exempt from the remediation requirement if the student demonstrates acceptable performance on an alternative standardized reading assessment approved by the SBE. Also, the bill exempts students who pass grade 10 FCAT Reading from remediation requirements.

Also, on Thursday, March 26th, the Senate Education PreK-12 Appropriations Committee placed on the agenda the Proposed Committee Substitute for SB 1676 by Senator Wise relating to Governmental Operations. The bill will be on the same committee agenda April 1st. In its 48 pages it mentions:

• Term of adoption for instructional materials will change from 6 year period to 8 year period, except that the commissioner may approve terms of adoption of less than 8 years for materials in content areas that require more frequent revision; and,
   
• Class size reduction operating categorical funds shall be used by school districts to reduce class size as required, or the funds may be used for any lawful operating expenditure; however, priority shall be given to increasing salaries of classroom teachers.

The third issue of interest and importance is action taken by the State Board of Education on March 17th. Dr. Frances Haithcock, Chancellor, K-12 Public Schools presented Rules that would impact Limited English Proficient Students. Much of what Senator Wise tried to do with ESOL through statute and failed to have signed by the Governor, has been done in SBE Rules. There were three rule development workshops throughout the state to ensure that all stakeholders were provided the opportunity to provide their input and raise concerns relating to the amendments to the rules. Here are several of the rules that were amended:

• Rule 6A-1.09432 was amended to correct reference to “limited English proficient students” to “English Language Learners.” In addition, the rule was amended to allow only students who have been enrolled in school in the US for less than twelve months to be exempted from statewide assessment in reading, to specify that such students must take the annual English language proficiency assessment, and to clarify that students who are exempted may count against a school’s participation rate in various accountability reports.
   
• Rule 6A-4.02451 was amended to delete outdated grandfathering provision as an alternative means to certification in ESOL.
   
• Rule 6A-6.0907 deletes transition or grandfathering provisions relating to ESOL inservice training that no longer apply; specifies that certain inservice requirements do not apply to reading teachers; adopts existing requirement that a teacher obtaining ESOL certification through a subject area examination must obtain 120 hours of inservice in ESOL within 3 years and providing that reading certified teachers who pass the ESOL subject area examination have met the inservice requirement; adopts existing requirement that school guidance counselors and school administrators must complete 60 hours of inservice training in ESOL; provides for use of ESOL inservice training as credit towards certificate renewal requirements. The rule reads:

(b) Inservice points or college credit earned in fulfillment of this subsection may be used toward meeting three of six semester hours renewal requirement for current or subsequent validity periods.

(4) Any teacher that obtains K-12 ESOL Coverage based solely on passing score on the ESOL Subject Area test shall complete 120 inservice points or 6 semester hours of college credit in ESOL within three (3) calendar years of receiving the certification coverage. Any ESOL inservice training or college credit in ESOL taken prior to certification may be used to meet this requirement. Any teacher who has Reading K-12 Certification or the Reading Endorsement shall be credited with having completed 120 hours of inservice training in ESOL for this purpose, and shall have satisfied this requirement.

(5) School administrators and guidance counselors shall complete sixty (60) points of inservice training or three (3) semester hours of college credit in English for Speakers of Other Languages, ESOL Curriculum and Materials Development, Cross-cultural Communications and Understanding, and Testing and Evaluation of ESOL within three(3) years of their hiring date or assignment as a school administrator or guidance counselor, ESOL inservice training or college credit in ESOL taken prior to the hiring date or assignment may be used to meet this requirement.

• Rule 6A-6.0909 – modifies existing rules to allow only students who have been enrolled in school in the US for less than twelve months to be exempted from statewide assessment in reading, and specifies that such students must take the annual English language proficiency assessment; deletes provisions for alternative assessments; clarifies that students who are exempted may count against a school’s participation rate in various accountability reports.