Senate Bill sb2616c1

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    Florida Senate - 2006                           CS for SB 2616

    By the Committee on Education; and Senator Wise





    581-2254-06

  1                      A bill to be entitled

  2         An act relating to supplemental educational

  3         services; providing for student access to and

  4         provider accountability for supplemental

  5         educational services in Title I schools;

  6         providing definitions; providing

  7         responsibilities of the Department of

  8         Education, local educational agencies,

  9         providers of supplemental educational services,

10         and parents to provide additional academic

11         instruction designed to increase the academic

12         achievement of eligible students; providing

13         criteria that must be met by a provider

14         approved by the department; providing for

15         department monitoring and evaluation of

16         provider performance; providing a complaint

17         process for determination of provider and local

18         educational agency compliance with law;

19         providing an effective date.

20  

21  Be It Enacted by the Legislature of the State of Florida:

22  

23         Section 1.  Supplemental educational services in Title

24  I schools; student access and provider accountability.--

25         (1)  As used in this section:

26         (a)  "Eligible student" means a student from a

27  low-income family, as evidenced by eligibility for free or

28  reduced price lunch, and who attends a Title I school in the

29  school's second year of school improvement,corrective action,

30  or restructuring, as defined by the No Child Left Behind Act.

31  

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    Florida Senate - 2006                           CS for SB 2616
    581-2254-06




 1         (b)  "Parent" means the person or persons legally

 2  responsible for the guardianship of the student, including a

 3  legal guardian.

 4         (c)  "Supplemental educational service providers" or

 5  "SES providers" are faith-based organizations, for-profit and

 6  nonprofit businesses, local educational agencies, schools,

 7  institutes of higher education, community groups, and regional

 8  educational service agencies approved by the Department of

 9  Education to provide additional academic instruction designed

10  to increase the academic achievement of eligible Title I

11  students.

12         (d)  "Supplemental educational services" or "SES" means

13  additional academic instruction provided outside the regular

14  school day that is designed to increase the academic

15  achievement of low-income students, as defined by eligibility

16  for free or reduced-price meals, who attend qualifying schools

17  as defined by the No Child Left Behind Act.

18         (e)  "Title I" is the Elementary and Secondary

19  Education Act of 1965 program that focuses on improving the

20  academic achievement of disadvantaged students by ensuring

21  that all students have a fair, equal, and significant

22  opportunity to obtain a high-quality education and reach, at a

23  minimum, proficiency on challenging state academic standards

24  and assessments.

25         (2)  The Department of Education is responsible to:

26         (a)  Annually make available to the public a list of

27  all approved SES providers in the state no later than June 1.

28         (b)  Notify each school district of the approved SES

29  providers for their students located in their district. If

30  there are no state-approved SES providers available for a

31  

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    Florida Senate - 2006                           CS for SB 2616
    581-2254-06




 1  school district, the department shall contact the district and

 2  offer assistance.

 3         (3)  At a minimum, a school district must do the

 4  following:

 5         (a)  After the department releases the school-adequate

 6  yearly progress designations, the school district must create

 7  a streamlined, one-step school choice or SES parent

 8  registration and SES provider selection procedures. The

 9  procedures must be user friendly, with one point of contact at

10  the school district level. The school district application

11  process for parents selecting school choice with

12  transportation or SES must not be burdensome and must be

13  similar to other school-based application procedures, such as

14  the procedures used to apply for free or reduced price lunch.

15         (b)  No later than 10 days after the official state

16  release of adequate yearly progress designations, each school

17  district must:

18         1.  Provide notification to the parents of all

19  potentially eligible students. The notice must:

20         a.  Be publicly available, be provided in an

21  understandable and uniform format, and, to the extent

22  practicable, in a language the parents can understand.

23         b.  Include a statement that the child may be eligible

24  to receive school choice, with transportation provided, to

25  another public school that has not been identified for school

26  improvement or the student may be eligible for supplemental

27  educational tutoring services, provided that the demand for

28  services does not exceed capacity to provide the services and

29  the student meets all eligibility requirements.

30         c.  Provide a minimum of 30 days from the date of

31  notification for parents to notify the school district

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    Florida Senate - 2006                           CS for SB 2616
    581-2254-06




 1  regarding their selection of school choice with transportation

 2  or SES.

 3         d.  Describe the procedures created in paragraph (a),

 4  any student eligibility requirements that must still be met,

 5  parental expectations and rights, the timeline of the process,

 6  and the school district contact phone number, e-mail address,

 7  and office address.

 8         e.  Include the statement that, "Your child may be

 9  eligible to receive one of these additional education services

10  from the school district. These programs will not cost you

11  additional money and may greatly benefit your child. Your

12  prompt reply will enable us to serve you better."

13         2.  Provide notice to SES providers requesting their

14  notice of intent to provide SES services within the school

15  district as a state-approved provider of SES.

16         (c)  Within 20 days after the release of the adequate

17  yearly progress designations, the SES provider must sign a

18  letter of intent with each school district in which they

19  intend to provide services. The letter of intent must specify

20  the minimum and maximum number of students the SES provider

21  agrees to serve at each school building or other site.  The

22  minimum and maximum number of students they agree to serve

23  must be the same as that used to secure state approval.  If

24  there are no SES providers willing to serve a district, the

25  district shall contact the department for assistance.

26         (d)  The school district shall, within 15 days before

27  the start of the school year, ask parents of potentially

28  eligible students who have not requested services whether they

29  need assistance in selecting school choice with transportation

30  or SES. Such assistance shall be unbiased.

31  

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    Florida Senate - 2006                           CS for SB 2616
    581-2254-06




 1         (e)  The school district shall, within 30 days before

 2  the start of the school year, provide to all parents of

 3  potentially eligible students who have not selected school

 4  choice with transportation a list of contact information for,

 5  and a brief description of all the services provided by

 6  locally available state-approved SES providers, as well as the

 7  timeline for the selection of, enrollment in, and commencement

 8  of services. Such assistance must be unbiased and not provide

 9  an advantage for one SES provider over another, including the

10  school district if the school district is an approved SES

11  provider.

12         (f)  The school district shall provide a central point

13  of contact for additional assistance, if such assistance is

14  requested.  The school district must ensure that the

15  assistance is unbiased and does not provide advantage for one

16  SES provider over another.

17         (g)  At least 15 days before the start of the school

18  year, if a parent selected school choice with transportation,

19  the parent must be notified of their student's selection or

20  non-selection by the school district to receive this service,

21  including that the student may still be eligible to receive

22  SES if the student does not receive school choice with

23  transportation.

24         (h)  On or around the first day of school, each school

25  district must send home with potentially eligible students

26  information reminding parents of their opportunity to enroll

27  their children in supplemental educational services.

28         (i)  No later than 15 days after the start of school,

29  the parent shall communicate their preferences of SES

30  providers to the school district. The school district must

31  

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    Florida Senate - 2006                           CS for SB 2616
    581-2254-06




 1  have also already obtained permission from the parents to

 2  release assessment data to the SES provider.

 3         (j)  No later than 25 days after the start of school,

 4  if the number of parents that select a SES provider's program

 5  is below the district minimum number of students per site as

 6  indicated in their state-approved application and letter of

 7  intent, the school district shall notify the SES provider of

 8  this in writing and the provider has 5 business days to

 9  respond as to whether or not they will provide services. If

10  the SES provider does not respond or if the SES provider

11  withdraws, all students who selected this SES provider shall

12  be automatically placed with the alternate choices selected by

13  their parents and the parents will be so informed. The

14  department will be notified of this action taken by the school

15  district.

16         (k)  No later than 35 days after the school start date,

17  the contract for services between the school district and the

18  SES provider must be signed and the school district must

19  provide the provider with the names of the students who have

20  elected to receive their services. SES providers shall be

21  afforded at least 15 business days from the date the contract

22  is executed to start delivering services.

23         (l)  No later than 60 days after the start of school,

24  the student must begin receiving services.

25         (m)  If the number of students signed up to receive

26  services 60 days after the start of school is less than the

27  number eligible, the district must offer at least a second

28  enrollment period to the parents of all potentially eligible

29  and unserved students in the same manner as prescribed above.

30  This second notification shall include a list of the approved

31  service providers for the school district. A district shall

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    Florida Senate - 2006                           CS for SB 2616
    581-2254-06




 1  notify all parents of eligible students, even if they failed

 2  to respond to the initial notifications.

 3         (n)  This section does not preclude students who are

 4  new to the district or school from receiving SES services.

 5         (o)  If a student receiving SES services moves to

 6  another school within the district, the services may continue

 7  at the discretion of the parent.

 8         (p)  If a district is appealing its AYP designation, it

 9  must still prepare to contract with providers in the event the

10  appeal is denied.

11         (q)  If funding required to provide services to every

12  eligible student who has enrolled to participate exceeds 20

13  percent of Title I funds that must be allocated toward such

14  services, districts may prioritize students according to

15  federal guidelines. However:

16         1.  A school district may not prioritize students

17  before demonstrating that the cost of providing SES services

18  exceeds the 20 percent obligated for services based on actual

19  demand; and

20         2.  Prioritization may not result in less than 20

21  percent of Title I funding to be spent on supplemental

22  educational services.

23         (r)  Districts must provide access to school facilities

24  to SES providers who wish to use these sites for supplemental

25  educational services on the same basis and terms as other

26  organizations that seek access to the school building.

27         (s)  Each SES provider must begin providing services no

28  later than 60 days after the start of school.

29         (t)  Each SES provider shall create a specific

30  statement of achievement goals for each student, which must be

31  developed in consultation with the student's parent. The

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    Florida Senate - 2006                           CS for SB 2616
    581-2254-06




 1  development of these goals may not occur before the provider

 2  assesses the student's academic needs or gaps.

 3         (u)  The statement of goals the provider prepares for

 4  each student must include:

 5         1.  An analysis of student's skill gaps identified

 6  through a provider's pre-assessment instrument, if available;

 7         2.  A timetable for improving the student's

 8  achievement; and

 9         3.  A description of how each student's progress will

10  be measured and how each student's parent and public school

11  instructors will be regularly informed of that progress.

12         (3)  Providers or school districts may not provide

13  incentives to entice a student or a student's parent or

14  guardian to choose them as a provider. After a provider has

15  been chosen, the student may be awarded for performance or

16  attendance with incentives, the total value of which may not

17  exceed $50.

18         (4)  Penalties for noncompliance.--

19         (a)  If a school district has met all demand from

20  parents and students for transportation and supplemental

21  education services related to school choice as defined by the

22  State Board of Education, any unused portion of Title I funds

23  reserved may be reallocated to other purposes either during

24  the year in which the reservation was made or, subject to the

25  15-percent limit, in the following year, subject to the

26  equitable participation requirements of Title I. If there are

27  no state-approved SES providers willing to serve in a

28  district, and the district notified the department, the

29  department shall release that portion of the 20-percent

30  set-aside that has not been used for choice with

31  transportation or supplemental educational services.

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    Florida Senate - 2006                           CS for SB 2616
    581-2254-06




 1         (b)  A SES provider must be prepared to deliver

 2  services to districts in which the SES provider is approved by

 3  the state. If a state-approved SES provider withdraws from

 4  offering services to students in a school district for which

 5  it is approved and in which they have signed a letter of

 6  intent or a contract to provide services, the school district

 7  must report the SES provider to the department and the SES

 8  provider will be immediately removed from the state-approved

 9  list for the current school year for that school district.

10  Upon a second offense occurring in any school district, the

11  provider is ineligible to provide SES services in the state

12  for the following year.

13         (5)  The State Board of Education may adopt rules

14  pursuant to ss. 120.536(1) and 120.54 to implement the

15  provisions of this section and may enforce the provisions of

16  this section pursuant to s. 1008.32.

17         Section 2.  This act shall take effect July 1, 2006.

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    Florida Senate - 2006                           CS for SB 2616
    581-2254-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2616

 3                                 

 4  The committee substitute revises the responsibilities of the
    Department of Education, school districts, and providers of
 5  supplemental educational services.  The bill:

 6  -Revises the timelines for the delivery of services;

 7  -Eliminates the complaint resolution process;

 8  -Eliminates the requirement that unobligated funds may only be
    spent if 50 percent of demand is met;
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    -Eliminates the requirement for parents of eligible students
10  to decline services;

11  -Requires school districts to meet all demand for supplemental
    educational services before unobligated funds are spent;
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    -Allows the Department of Education to release unused funds if
13  there are no state-approved providers willing to serve a
    district;
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    -Eliminates certain requirements for provider agreements;
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    -Eliminates the Department of Education's specific authority
16  to remove a provider from the approved list if requirement are
    not met, to annually evaluate a provider, and to directly
17  contract with a provider; and

18  -Eliminates the criteria for the selection of providers.

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