HB 439 Summary

• Exempts academic performance of English language learner (ELL) students who have not demonstrated proficiency on ACCESS for EL or other state-approved English proficiency assessments from consideration in school and district A-F grades for their first five years of enrollment, effective with the 2021-2022 school year.

• Requires continued measurement of these exempt ELL students' educational progress through academic growth category and English language proficiency category metrics.

• After the five-year exemption period ends, ELL students' proficiency shall be considered again in assigning academic achievement grades to schools and school systems.

• Prohibits the State Superintendent of Education from amending Alabama's Every Student Succeeds Act option regarding test score inclusion for English language learners, which specifies test score reporting and exclusion/inclusion timelines across enrollment years.

• Becomes effective immediately upon passage and approval by the Governor.