Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. SB 2538
Barcode 194052
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/26/2009 .
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The Committee on Education Pre-K - 12 (Detert) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (5) of section 1008.331, Florida
6 Statutes, is amended to read:
7 1008.331 Supplemental educational services in Title I
8 schools; school district, provider, and department
9 responsibilities.—
10 (5) RESPONSIBILITIES OF THE DEPARTMENT OF EDUCATION.—
11 (a) By May 1 of each year, each supplemental educational
12 services provider must report to the department, in an
13 electronic form prescribed by the department, the following
14 information regarding services provided to public school
15 students in the district:
16 1. Student learning gains as demonstrated by mastery of
17 applicable benchmarks or access points set forth in the Sunshine
18 State Standards;
19 2. Student attendance and completion data;
20 3. Parent satisfaction survey results;
21 4. School district satisfaction survey results; and
22 5. Satisfaction survey results from principals in whose
23 schools supplemental educational services were provided on site.
24 The Department of Education shall assign to each state-approved
25 supplemental educational services provider one of the following
26 grades, defined according to rules of the State Board of
27 Education:
28 1. “A,” providing superior service.
29 2. “B,” providing above satisfactory service.
30 3. “C,” providing satisfactory service.
31 4. “D,” providing below satisfactory service.
32 5. “F,” providing unsatisfactory service.
33 (b) The department shall evaluate each state-approved
34 provider using the information received pursuant to paragraph
35 (a) and assign a service designation of excellent, satisfactory,
36 or unsatisfactory for the prior school year. However, if the
37 student population served by the provider does not meet the
38 minimum sample size necessary, based on accepted professional
39 practice for statistical reliability and the prevention of the
40 unlawful release of personally identifiable student information,
41 the provider will not receive a service designation. The
42 department shall specify, by rule, the threshold requirements
43 for assigning the service designations; however, the service
44 designations must be based primarily on student learning gains.
45 By July 1 of each year, the department must report the service
46 designation to the supplemental educational services providers,
47 the school districts, parents, and the public. A state-approved
48 supplemental educational services provider’s grade shall be
49 based on a combination of student learning gains and student
50 proficiency levels, as measured by the statewide assessment
51 pursuant to s. 1008.22, and norm-referenced tests approved by
52 the Department of Education for students in kindergarten through
53 grade 3.
54 (c) School districts may use Title I, Part A funds to meet
55 the requirements, as provided in the Elementary and Secondary
56 Education Act, as amended. Beginning with the 2007-2008 school
57 year, the Department of Education shall assign a grade to each
58 state-approved supplemental educational services provider and by
59 March 1 report the grades to the supplemental educational
60 services providers, the school districts, parents, and the
61 public.
62 (d) The State Board of Education shall adopt rules pursuant
63 to ss. 120.536(1) and 120.54 to administer the provisions of
64 this subsection.
65 (e) The board’s rules shall include an internal complaint
66 procedure to resolve disputes regarding the state approval
67 process, termination of state approval, and assignment of a
68 service designation. The internal complaint procedure shall
69 afford an informal review by a hearing officer employed by the
70 department and, if requested, a formal review by a hearing
71 officer employed by the department who shall recommend a
72 resolution of the dispute to the Commissioner of Education. The
73 internal complaint procedure is exempt from the provisions of
74 chapter 120. The decision by the Commissioner of Education shall
75 constitute final action.
76 (f) By September 1, 2009, the department shall complete a
77 review and evaluation of the diagnostic and assessment
78 instruments currently used by local school districts and
79 supplemental educational services providers to measure student
80 learning gains.
81 (g) Based on the review and evaluation, the department
82 shall select cost-efficient and effective diagnostic and
83 assessment instruments. As a condition for state approval, a
84 provider must use a diagnostic and assessment instrument
85 selected by the department. A diagnostic and assessment
86 instrument, which is aligned to a provider’s curriculum, shall
87 be considered effective by the department if the provider can
88 demonstrate the diagnosis of student skills gaps and assessment
89 of benchmarks or access points set forth in the Sunshine State
90 Standards.
91 (h) The provider shall report data on individual student
92 learning gains to the department, unless a prior agreement has
93 been made with the local school district to report such student
94 achievement data. The report must include individual student
95 learning gains as demonstrated by mastery of applicable
96 benchmarks or access points set forth in the Sunshine State
97 Standards.
98 Section 2. This act shall take effect July 1, 2009.
99
100
101 ================= T I T L E A M E N D M E N T ================
102 And the title is amended as follows:
103 Delete everything before the enacting clause
104 and insert:
105 A bill to be entitled
106 An act relating to supplemental educational services;
107 amending s. 1008.331, F.S.; requiring that the
108 department evaluate and approve student assessment
109 instruments for use by providers; requiring that each
110 state-approved supplemental educational services
111 provider report certain information to the Department
112 of Education regarding services to public school
113 students in the district by a specified date each
114 year; requiring that the department evaluate each
115 provider based on such information and assign a
116 service designation; providing an exception for such
117 designation; requiring that the department adopt rules
118 specifying the threshold requirements for such
119 designation; requiring that the department report the
120 service designations to the providers, the school
121 districts, parents, and the public by a specified date
122 each year; authorizing school districts to use certain
123 funds to meet the requirements in the act; requiring
124 that the State Board of Education adopt rules;
125 requiring that the board’s rules include certain
126 procedures; requiring that the department review and
127 evaluate the school districts’ diagnostic and
128 assessment instruments to measure student learning
129 gains; requiring that a supplemental educational
130 services provider report data on individual student
131 learning gains to the department; providing for
132 exceptions; providing an effective date.