HB439 Alabama 2022 Session

Summary

Primary Sponsor

Jamie KielRepresentative

Republican

Session

Regular Session 2022

Title

Education, school grading system, certain English language learners exempt from proficiency assessments considered in grading public K-12 schools, State Superintendent of Education to amend state plan under Every Student Succeeds Act, Sec. 16-6C-2 am'd.

Summary

HB439 would exempt certain English language learner students from having their academic performance counted toward a school's A-F grade for up to five years after enrollment, and would require the state to keep the current ESSA plan provisions.

What This Bill Does

It exempts the academic achievement of English language learner students who have not shown proficiency on ACCESS for ELL or other state-approved English proficiency assessment from being counted toward the school's academic achievement grade for the first five years of enrollment. During that time, these students' progress would still be measured by academic growth and progress in English language proficiency. After the five-year period, their proficiency would again be considered when assigning the school's grade. The bill also requires the State Superintendent of Education to retain the current provisions of Alabama's Every Student Succeeds Act plan and to not amend it in ways that change ELL accountability.

Who It Affects

• English language learner students who have not demonstrated English proficiency within their first five years of enrollment will not have their academic achievement counted toward their school's A-F grade.
• Public K-12 schools and school districts in Alabama will apply the modified grading rule and continue to operate under the current ESSA plan provisions.

Key Provisions

• Exempts the academic performance of certain English language learner students from being counted toward a school or district's academic achievement grade for the first five years of enrollment if they have not shown proficiency on ACCESS for ELL or other state-approved English proficiency assessments.
• During those five years, the students' progress will be measured by academic growth and English language proficiency progress, and after five years their proficiency will again be used in determining the school's grade.
• The State Superintendent of Education may not amend the state ESSA plan's option for including ELL test scores; the act requires retaining the current ESSA plan provisions detailing these accountability provisions.
• The school grading system will continue to use the A-F framework and public posting, with grades reflecting a total profile of performance as designed by the State Superintendent.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Education