FLORIDA DEPARTMENT OF EDUCATION
    �
    BETTY COXE
    CHARLIE CRIST
    DEPUTY COMMISSIONER
    Commissioner
    EDUCATIONAL PROGRAMS
    CONTACT PERSONS
    €
    Name:
    Bernardo A. Garcia
    €
    Phone:
    (850) 487-3503
    €
    Suncom:
    277-3503
    €
    E-mail:
    garciab@mail.doe.state.fl.us
    €
    DPS:
    02-97
    €
    M E M O R A N D U M
    TO:
    District School Superintendents
    FROM:
    Betty Coxe
    DATE:
    May 20, 2002
    SUBJECT:
    ?
    State Board Rules (SBR) Affecting Limited English Proficient (LEP)
    Students
    On March 26, 2002, the Florida State Board of Education adopted SBR 6A-1.09432,
    Assessment of Limited English Proficient Students, with an effective date of April 29, 2002. This
    rule governs the participation of LEP students in the state assessment program; the
    responsibilities of districts and schools based on the collective and individual results of such an
    assessment; and procedural safeguards in the promotion or retention of LEP students.
    Because of its timely importance, 6A-1.09421(6) is quoted below:
    “No promotion or retention decision may be made for any individual student classified as
    LEP based solely on a score on any single assessment instrument, whether such
    assessment instrument is part of the statewide assessment program or of a particular
    district’s formal assessment process. A formal retention recommendation regarding a
    LEP student may be made through action of a LEP committee.”
    Memorandum
    May 20, 2002
    Page Two
    State Board Rule 6A-6.09091, Accommodations of the Statewide Assessment Program
    Instruments and Procedures for Limited English Proficient Students, has been in effect since
    November 17, 2000.
    Please note that individually appropriate accommodations are required
    whether LEP students are tested in a separate room or in the same room with non-LEP
    students.
    State Board Rule 6A-10.044, Residency for Tuition Purposes, effective October 6, 1992,
    amended October 17, 2000, deals in (4) with the requirements that non-U.S. citizens must meet
    to be eligible for in-state tuition in post-secondary institutions. This rule, of course, affects LEP
    students who are non-U.S. citizens as well as non-U.S. citizens who are not LEP students. On
    January 10, 2002, the Division of Colleges and Universities and the Florida Community College
    System issued to their constituencies copies of the rule, with guidelines. LEP students who are
    not U.S. citizens, their families, the school communities — school counselors in particular —
    would find information in this memorandum very useful.
    By making available in one document these three rules — 6A-1.09432, 6A-6.09091, and 6A-
    10.044 — it is hoped that services to LEP students may be facilitated and, thus, ensured.
    If you have any questions or need additional information, please contact Bernardo A. Garcia,
    Chief, Bureau of Equity, Safety and School Support, via email at
    garciab@mail.doe.state.fl.us
    or by
    telephone at (850) 487-3503 (Suncom 277-3503).
    This memorandum is available at
    www.firn.edu/doe/bin00005/dpsmemo02/ index.htm
    on the DOE
    Internet Homepage. See Division of Public Schools.
    BC/bagm
    Attachments
    cc:
    ?
    ESOL Coordinators
    Pupil Services Coordinators
    Equity Coordinators
    Title I Coordinators
    Migrant Coordinators
    Homeless Coordinators
    PLAZA LEVEL – 08, THE CAPITOL – TALLAHASSEE, FLORIDA 32399-0400 – (850) 413-0555 – FAX (850) 488-2869
    €
    http:/www.firn.edu/doe
    €
    An affirmative action/equal opportunity employer
    €

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