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FLORIDA DEPARTMENT OF EDUCATION
Doug Jamerson
Commissioner of Education
July 15, 1994
M E M O R A N D U M
TO: ESOL District Coordinators
FROM: Bernardo A. Garcia, Director, Office
of Multicultural Student Language Education
SUBJECT: Agreement governing identification,
placement, screening and classification of LEP students.
As a result of an official complaint filed
by Multicultural Education Training and Advocacy, Inc. (META)
with the Florida Department of Education under the terms of the
State Board of Education vs. LULAC, et al, Consent Decree, an
agreement was reached which gives more specificity to the identification,
placement, screening and classification of LEP students.
The agreement and flowcharts outlining
its procedures were distributed and explained at the four statewide
drive-in workshops conducted in May 1994 by the Office of Multicultural
Student Language Education (AALA). At the request of some workshop
participants, a written reiteration of the explanation given at
the workshops has been developed which you may find enclosed.
Additional copies of the agreement, together with the flowcharts,
are also included for your easy reference.
A uniform implementation of this agreement
throughout the state would only result in improved educational
services to LEP students. Please feel free to contact me at (904)
922-7294, Suncom 292-7294, if you have any questions or concerns.
FLORIDA DEPARTMENT OF EDUCATION
Doug Jamerson
Commissioner of Education
April 1, 1994
Stefan M. Rosenzweig, Attorney at Law
Florida Rural Legal Services, Inc.
200 South Indian River Drive
Suite 101
Post Office Box 4333
Fort Pierce, FL 34948-4333
Re: LULAC v. Florida Board of Education
Dear Stefan:
The following represents the resolution
of the matters raised in your November 22, 1993 letter invoking
paragraph 6.a. and your January 10, 1994 letter invoking 6.b.
of the Settlement Agreement. After discussion and negotiation,
the parties agree as follows:
1. A mandatory referral
to a LEP committee of any student in the fourth through twelfth
grades who has scored English proficient on the oral/aural assessment
but whose reading/writing assessment has not been completed within
the time frame permitted for oral/aural assessment.
2. The LEP committee must make a determination
whether the student should be placed in a LEP program within
twenty (20) school days of the completion of the aural/oral.
The student is to remain in a LEP program pending completion
of the LEP Committee determination or a reading/writing assessment,
whichever comes first.
3. No LEP committee need be convened
if the student is provided the LEP program pending completion
of the reading/writing assessment.
4. A LEP Committee must make a written
determination, signed by a majority of the members, that in
their opinion the student's reading and writing skills exceed
the skills equivalent to the 32nd percentile on both the reading
and writing subparts of a norm referenced test.
5. The reading and writing assessment
of any student in the fourth through twelfth grades must in
any event be completed within the one year allotted, and a student
must be determined either LEP or not-LEP in accordance with
the terms of the agreement and be provided the program dictated
by the results of that assessment.
6. A student for whom the only affirmative
answer in the Language Survey is given for the "home" language
question (IB2(a)) does not need to be placed in a LEP program
pending assessment. Such a student (identified exclusively through
IB2(a) must be given the aural/oral and, in the fourth through
twelfth grades, the reading/writing assessment as prescribed
in the ESOL agreement, and be referred to the LEP committee
per paragraph 1 above. When a LEP Committee is used, LEP placement
of such a student should be resolved within (20) school days
of a timely aural/oral.
7. These guidelines shall become effective
at the beginning of the 1994-95 regular school year.
This Agreement was signed April
1, 1994 by Barbara Staros, General Counsel on behalf of the
Defendants and on April 13, 1994 by Stefan Rosenzweig on behalf
of the Plaintiffs.
PLACEMENT AND CODING OF STUDENTS
FOR WHOM THERE IS (ARE) AFFIRMATIVE ANSWER(S) TO LANGUAGE SURVEY
QUESTION(S)
I
A student (K-12) for whom an affirmative
answer to the Language Survey is given either to the question,
"Did the student have a first language other than English?"(Consent
Decree IB2b) or to the question "Does the student most frequently
speak a language other than English?" (Consent Decree IB2c), or
to both, would be placed in the ESOL program, coded LY, with a
Basis of Entry T.
Within 20 school days of registration,
that student would be given an aural/oral test.
If the aural/oral test determined
the student to be limited English proficient (LEP) then the student
(K-12) would remain in the ESOL Program, still coded as LY but
now the Basis of Entry would be A.
If the student, in grades K-3, were determined
through the aural/oral testing to be full English proficient,
then that student would be placed in the regular program and
his code would be changed from LY to ZZ.
If that student, in grades 4-12, were
determined through the aural/oral testing to be full English
proficient, then that student would remain in the ESOL Program
and would continue to be coded LY, Basis of Entry still T.
Within 20 school days of the administration
of the aural/oral test, the above student (coded L Y, Basis of
Entry T in Grades 4-12), would be given a reading/writing test.
If the student scored at
the 33rd percentile or above in both reading and writing, then
the student would be placed in the regular program and his/her
code would be changed from LY to ZZ.
If the student scored at the 32nd percentile
or below in either reading or writing, then the student would
remain in the ESOL Program, continue to be coded LY, but with
a Basis of Entry of R.
OR
a LEP Committee would be empaneled which
would determine either to keep the student in the ESOL Program
(the student would still be coded LY but with a Basis of Entry
of L) or to place the student in the regular program with a
code of ZZ.
If a reading and writing test
were not administered to the student within 20 school days of
the administration of the aural/oral test, then a LEP Committee
would have to be empaneled which would decide if the student were
to remain in the ESOL Program, coded LY, but with a Basis of Entry
L or to be placed in the regular program, now coded LP.
Within a year of registration,
such a student (in the regular program, coded LP) would be administered
a reading/writing test.
If the student scored
at the 33rd percentile or above in both reading and writing
then the student would remain in the regular program but his/her
code would be changed to ZZ.
If the student scored at the 32nd percentile
or below in either reading or writing, then the student would
be placed in the ESOL Program and be coded LY with a Basis
of Entry of R.
OR
a LEP Committee would be empaneled
which would determine to place the student in the ESOL Program
(the student would be coded LY with a Basis of Entry L) or
to have the student remain in the regular program but now
be Coded ZZ.
STUDENT ANSWERS YES EITHER
TO IB2B (FIRST LANGUAGE) OR TO IB2C (MAIN LANGUAGE) OR TO
BOTH
Student is placed in ESOL
Program
Coded LY - Basis of
Entry T
Aural/oral given within 20 school
days of registration.
- Limited English Proficient(K-12)
- Continues in ESOL Program
- Coded LY but Basis of
Entry now A
- Full English Speaker (K-3)
- Placement in Regular Program
- Coded ZZ
- Full English Speaker (4-12)
- Student remains in ESOL Program
- Still coded LY, Basis
of Entry T
Reading/writing given within 20 days
of aural/oral
- 33rd percentile or above
in both reading and writing
- Student placed in regular program,
Coded ZZ
- 32nd percentile or below
in either reading or writing
- Continues in ESOL Program
- Coded LY but Basis of
Entry R
OR
- LEP Committee
- Student remains in ESOL
Program
- Coded LY but Basis
of Entry L
OR
- Student placed in regular
program
No reading/writing test given within
20 days of aural/oral.
- LEP Committee
- Student remains in ESOL
Program
- Coded LY but Basis
of Entry L
- Student is placed in regular
program
Student coded LP, then, within a
year of registration
- Reading/Writing test given.
- 33rd percentile or above
in both reading and writing:
- 32nd percentile or below
in either reading or writing:
- Placement in ESOL
Program
- Coded LY - Basis
of Entry R
OR
- LEP Committee
- Placement in ESOL Program
- Coded LY - Basis
of Entry L
- Remains in regular program
II
A student (K-12) for whom the only affirmative
answer to the Language Survey is given to the question, "Is a
language other than English used in the home?" (Consent Decree
IB2a) would be placed in the regular program and coded LP.
Within 20 schools days of
registration, that student would be given an aural/oral test.
If the aural/oral test determined
the student to be limited English proficient (LEP) then the student
(K-12) would be placed in the ESOL Program, coded as LY with a
Basis of Entry A.
If that student, in grades K-3, were
determined through the aural/oral testing to be full English
proficient, then that student would remain in the regular program
and his code would be changed from LP to ZZ.
If that student, in grades 4-12, were
determined through the aural/oral testing to be full English
proficient, then that student would remain in the regular program
and would continue to be coded LP.
Within 20 school days of the
administration of the aural/oral test, the student, grades 4-12,
would be given a reading/writing test.
If the student scored at
the 33rd percentile or above in both reading and writing then
the student would remain in the regular program but his/her code
would be changed from LP to ZZ.
If the student scored at the 32nd percentile
or below in either reading or writing, then the student would
be placed in the ESOL Program and be coded LY with a Basis of
Entry of R.
OR
a LEP Committee would be empaneled which
would determine either to place the student in the ESOL Program
(the student would be coded LY with a Basis of Entry L) or to
have the student remain in the regular program but now be coded
ZZ.
If a reading and writing test
were not administered to the student within 20 school days of the
administration of the aural/oral test, then a LEP Committee would
have to be empaneled which would decide if the student were to be
placed in the ESOL Program, coded LY, but with a Basis of Entry
L or remain in the regular program, still coded LP.
Within a year of registration,
a student still coded LP would be administered a reading/writing
test.
If the student scored at
the 33rd percentile or above on both reading and writing then
the student would remain in the regular program, but his/her code
would be changed to ZZ.
If the student scored at the 32nd percentile
or below in either reading or writing, then the student could
be placed in the ESOL Program and be coded LY with a Basis of
Entry of R.
OR
a LEP Committee would be
empaneled which would determine to place the student in the ESOL
Program (the student would be coded LY with a Basis of Entry L)
or to have the student remain in the regular program but now be
coded ZZ.
STUDENT ANSWERS YES ONLY TO
IB2A (LANGUAGE SPOKEN IN THE HOME)
Student is placed in
regular/program: Coded LP
Aural/oral given within
20 school days of registration:
Reading/writing given within 20
days of aural/oral.
- 33rd percentile or above
in both reading and writing:
- Remains in regular program
- 32nd percentile or below
in either reading or writing:
- Placement in ESOL Program
- Coded LY - Basis
of Entry R
OR
- LEP Committee
- Placement in ESOL Program
- Coded LY - Basis
of Entry L
OR
- Remains in regular program
No Reading/Writing test given within
20 days of Aural/oral.
- LEP Committee
- Student remains in regular
program, coded LP
OR
- Student is placed in ESOL
Program,
- Coded LY - Basis of
Entry L
Student coded LP, then, within
a year of registration:
- Reading/Writing test
given.
- 33rd percentile
or above in both reading and writing: Coded
ZZ
- 32nd percentile
or below in either reading or writing:
- Placement in ESOL Program
- Coded LY - Basis
of Entry R
OR
- LEP Committee
- Placement in ESOL Program
- Coded LY - Basis
of Entry L
OR
- Remains in regular program
BASIS OF ENTRY/BASIS
OF EXIT CODING
| IF BASIS OF ENTRY IS
|
THEN BASIS OF EXIT
IS |
| A (K- 12) |
A (K - 3)
R(4- 12)*
or
L(4- 12)* |
| R (4 - 12) |
R (4 - 1 2)
or
L (4 - 1 2) |
| L (K- 12) |
L (K - 12) |
* Student must be determined Full
English Proficient through an aural/oral instrument, prior to
reading/writing assessment.
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