TECHNICAL ASSISTANCE PAPER
MODIFICATIONS TO THE CONSENT DECREE IN THE LEAGUE OF
UNITED LATIN AMERICAN CITIZENS ET AL. V. THE STATE BOARD OF
JOHN L. WINN
EDUCATION, 1990
Commissioner of
Education
BACKGROUND
The Consent Decree in the League of United Latin American Citizens et al. v. the State
Board of Education, 1990 (hereafter referred to as The Consent Decree), Section
1003.56, Florida Statutes and Rules 6A-6.0907, 6A-4.0244, 6A-4.0245, F.A.C. specified
the English for Speakers of Other Languages (ESOL) training requirements for
personnel assigned to teach limited English proficient students. Section IV,
Personnel
of the Consent Decree required that all administrators and school guidance counselors
be trained in the terms of The Consent Decree.
Since 1992, there have been two methods for obtaining certification in ESOL: ESOL
Subject Area Coverage and ESOL Endorsement. The ESOL Endorsement (ESOL-E),
obtained by completing 300 hours/points (or 15 semester hours) in ESOL is a rider that
is added to certification in another certification subject coverage. The ESOL Subject
Area Coverage (K-12 ESOL) requires a bachelor’s or master’s degree in Teaching
English for Speakers of Other Languages (TESOL) and a passing score on the ESOL
Subject Area Test. In July 2002, as a result of legislative action and changes in State
Board of Education Rule, alternative methods for obtaining certification were approved.
Such methods include the option of adding a certificate coverage area by obtaining a
passing score on a subject area test. This change meant that a teacher wishing to add
ESOL Subject Area Coverage could take the ESOL Subject Area test and if he/she
obtained a passing score, could apply for the subject area coverage in ESOL. This
alternative method of obtaining certification applies to any subject area for which the
Department administers a subject area test and that does not require a graduate
degree.
In the fall of 2002, based on a complaint filed by a group of university professors and
other District ESOL Coordinators, the attorneys for the plaintiffs filed an injunction
alleging the option of adding the ESOL Subject Area Coverage, by a passing score on
the ESOL Subject Area Test, did not meet the goals established by the Consent Decree
for teacher training. The Modification to the Consent Decree in the League of United
Latin American Citizens et al. v. the State Board of Education, et al., 1990 is the result
of the court-ordered mediation. The Stipulation Modifying the Consent Decree
(hereinafter referred to as the “Modification”) was signed by Judge Moreno, U.S. District
Court, Southern Division on September 9, 2003.
Technical Assistance Paper 2005-03
March 2005
FLORIDA DEPARTMENT OF EDUCATION, K12 STUDENT ACHIEVEMENT
BUREAU OF STUDENT ASSISTANCE
Refer questions to Gloria Baez, Director, Office of Multicultural Student Language Education via email
at gloria.baez@fldoe.org, or by telephone at 850-245-5074.
EFFECTS OF THE MODIFICATION AND IMPLEMENTATION TIMELINES
Requirements for Language Arts/English Teachers:
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Teachers assigned the primary responsibility for delivering language arts/English
instruction to students classified as limited English proficient (LEP), who elected to
obtain the requisite ESOL certification by way of a passing score on the ESOL
Subject Area test, thereby meeting the requirements for subject area coverage (K-12
ESOL), are required to obtain 120 hours/points or equivalent courses in ESOL in any
approved ESOL course or inservice component.
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Teachers in this category must obtain the 120 hours or equivalent courses within
three (3) years of the signing of the Modification or 3 years from the date of their
receipt of ESOL certification.
Requirements for School Administrators:
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The Consent Decree originally required all administrators to obtain training in ESOL
on the terms of the Consent Decree; however, no specific number of inservice
points/hours was stipulated.
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The Modification requires all school administrators to obtain 60 inservice
points/hours in ESOL in any approved ESOL course or inservice component.
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School administrators hired prior to the effective date of the Modification (September
9, 2003) must complete the required 60 inservice points within three (3) years.
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School administrators hired after the effective date of the Modification (September 9,
2003) must complete the required 60 inservice points within three (3) years of their
hiring date or assignment as a school administrator.
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Any ESOL-approved in-service hours and course work taken prior to the effective
date of the Modification or prior to being hired as a school administrator may be
counted toward the required 60 inservice points.
Requirements for School Guidance Counselors:
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As was the case with the requirements for administrators, the Consent Decree
required guidance counselors to obtain training in ESOL; however, no specific
number of inservice points/hours was stipulated.
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The Modification requires all school guidance counselors to obtain 60 inservice
points/hours in ESOL in any approved ESOL course or inservice component.
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Guidance counselors hired prior to the effective date of the Modification (September
9, 2003) must complete the required 60 inservice points within three (3) years.
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Guidance counselors hired after the effective date of the Modification (September 9,
2003) must complete the required 60 inservice points within three (3) years of their
hiring date or assignment as a guidance counselor.
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Any ESOL-approved in-service hours and course work taken prior to the effective
date of this Modification or prior to being hired as a school guidance counselor may
be counted toward the required 60 inservice points.
The attached chart on The Requirements and Timelines for
Completion of the ESOL
Training Requirements
[
May be accessed by visiting the following website
http://www.firn.edu/doe/omsle/timeline.htm] describes the requirements and provides
the deadlines for each category of instructional personnel.
It is important to note that 120 hours/points or 6 semester hours are required in order to
retain the ESOL coverage on a Professional Certificate at the first certificate renewal
subsequent to the three-year time frame for completion of the 120 hours or equivalent
ESOL courses. The ESOL coverage shall not be added back to the Professional
Certificate until the 120 points/courses are completed. Currently, Florida teaching
certificates are issued for 5 years. ESOL training is considered as “in-field, in any field”
and as such may be used to meet the certificate renewal requirement for any
certification coverage. Inservice points/hours in ESOL may be “banked” for subsequent
certificate validity periods. [See Rule 6A-4.0051, which may be viewed at the following
website: http://www.firn.edu/doe/rules/final4.pdf]
Other requirements:
Experts designated by the plaintiffs were provided secured access to the ESOL Subject
Area Test and the opportunity to provide input to the Department of Education on
recommended changes to the test, item specifications, and the skills and competencies
to be tested.
In addition, the Department of Education agreed to perform a substantial review of the
existing ESOL Subject Area Test and item specifications beginning with the 2004 school
year and to be completed no later than July 1, 2006.
QUESTIONS AND ANSWERS
Question #1:
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To whom do the requirements to obtain the additional 120 points/hours in ESOL apply?
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Answer:
As stipulated in the Modification, any primary language arts teacher of
LEP students who obtained ESOL certification solely by passing the K-12 ESOL
Subject Area test is required to obtain the 120 points/hours in ESOL.
Question #2:
By when must a primary language arts teacher who has been granted ESOL Subject
Area Coverage (K-12 ESOL) certification by obtaining a passing score on the subject
area test obtain the required ESOL inservice training points/hours?
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Answer
: Three years from the effective date of the Modification (September 9,
2003) or the date of the teachers’ receipt of ESOL Subject Area Certification,
which ever occurs later.
Question #3:
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After three years, what must be done in order to retain the K-12 ESOL Subject Area
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Certification on a Professional Certificate?
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Answer:
Documentation must be compiled to verify the completion of the
required 120 points/hours of ESOL inservice training in order for the ESOL K-12
certification to be retained on the Professional Certificate when the certificate is
renewed for the first time after the three-year time frame for the completion of the
120 points/hours in ESOL.
Question #4:
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What courses satisfy the 120 points/hours required in ESOL?
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Answer:
Any courses listed in the District’s approved ESOL Add-On
Endorsement Plan and/or approved ESOL courses included in the District’s
Master Inservice Plan
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Question #5:
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May ESOL points/hours previously earned (prior to September 9, 2003) be used to
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satisfy this new requirement?
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Answer:
Yes, Modification states that any approved ESOL course taken prior to
the settlement may be counted towards the 120 inservice points.
Question #6:
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May teachers still obtain the required ESOL certification by completing the 300-hour
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ESOL Endorsement?
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Answer:
Yes. There are three methods for obtaining the appropriate ESOL
certification: (1) completion of 300-hour ESOL Endorsement requirements; (2) a
passing score on the K-12 ESOL Subject Area Test, plus 120 points/hours in
approved ESOL courses within three years of adding the ESOL certification; or (3)
a Bachelor’s or Master’s Degree in Teaching English for Speakers of Other
Languages, plus a passing score on the K-12 ESOL Subject Area Test.
Question #7:
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For a teacher who passes the test, completes the 120 hours, and then is up for renewal
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will the teacher renew the certification with ESOL or generic points?
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Answer:
The 120 ESOL inservice points/hours could be “banked” if the teacher
already has the required inservice points to renew his/her certificate; or the ESOL
inservice points may be used to renew the certificate. If the teacher used the 120
points/hours to renew the prior certificate; then the points may not be used again
for renewal.
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Question #8:
For teachers who have previously banked ESOL points/hours, may those points/hours
be used to meet the new 120 points/hour requirement for those who have just passed
the ESOL Subject Area test?
Answer:
Yes, the Modification states that ESOL inservice points/hours taken prior
to September 9, 2003 may be used toward meeting the new requirement. There
is no prohibition from using ESOL inservice points, which have been banked. In
addition, the “banked” ESOL inservice points/hours may be used towards the
renewal of the subsequent certificate.
Question # 9:
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If a teacher passed the ESOL Subject Area test in 2003 and is due to recertify in 2004
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or 2005, will they have to get the 120 hours in ESOL before recertifying?
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Answer:
No, not in this example, the Modification requires 120 inservice/points or
courses within three years, whether or not the three years coincide with the
teacher’s certificate renewal period.
Question #10:
Can the 300-hour ESOL Endorsement or the 120 hours/points in ESOL satisfy the
requirements for renewal of other certification subject coverages, as well as ESOL
certification?
Answer:
ESOL inservice points/hours or the equivalent college credit may be
used to renew any certification coverage due to the fact that ESOL courses or
inservice points/hours count as “in-field, in any field.”
Question #11:
If a teacher does not take the 120 hours within the 3 years, but his/her certificate is valid
for 5 years, will he/she still be certified for the 5 years and just not eligible to retain
ESOL on his/her certificate when the certificate is renewed?
Answer:
Yes, the Modification prohibits the renewing of a teacher’s certificate in
ESOL if the teacher of primary language arts of LEP students does not complete
the required ESOL training within the three years.
Question #12:
For teachers who have taken (and passed) the certification test and received a stipend
from the school district, will these teachers still be eligible for a stipend for the additional
120 hours in ESOL? Do teachers have to pay the certification fee to add the K-12 ESOL
Subject Area coverage?
Answer:
The payment of stipends to teachers for completion of required inservice
points/hours is a local decision, based on the District’s bargaining agreement.
Yes, the certification fee and application are required to add the ESOL coverage.
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Question #13:
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Is there a “Grandfathering Clause” to benefit those teachers who took the initiative to
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get certified and obtained K-12 ESOL Subject Area coverage prior to September 9,
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2003?
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Answer:
There are no “grandfathering” provisions in the 2003 Modification to the
Consent Decree.
Question #14:
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Do the new requirements apply to teachers, administrators, and guidance counselors in
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charter schools?
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Answer:
Yes, the new requirements as stipulated in the Modification apply to
teachers, administrators, and guidance counselors in charter schools. These
requirements apply to all teachers who currently hold a valid Florida Teaching
Certificate and are assigned to teach primary language arts instruction to
students classified as limited English proficient. Any administrator or guidance
counselor in a charter school, who already has a valid certificate, must also
complete the 60 points/hours in ESOL as required by the Modification.
Question #15:
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What is the definition of “school administrator? To whom does this requirement apply?
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Answer:
Any employee who has been hired by the school district or charter
school as an administrator. That is, any employee whose job classification
requires certification in an administrative class certificate, such as the principal
and the assistant principal.
TECHNICAL ASSISTANCE (TA) PAPERS are produced periodically by the Bureau
of Student Assistance to present discussion of current topics. The TA Papers may
be used for inservice sessions, technical assistance visits, parent organization
meetings, or interdisciplinary discussion groups. Topics are identified by state
steering committees, district personnel, and individuals, program staff or program
compliance monitoring.
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