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A bill to be entitled

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An act relating to supplemental educational services;

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amending s. 1008.331, F.S.; requiring the Department of

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Education to annually evaluate and grade supplemental

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educational services providers; specifying evaluation

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criteria; providing reporting requirements; providing an

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effective date.

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

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     Section 1.  Section 1008.331, Florida Statutes, is amended

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to read:

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     1008.331  Supplemental educational services in Title I

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schools; school district, and provider, and department

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responsibilities.--

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     (1)  INCENTIVES.--A provider or school district may not

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

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choose a provider. After a provider has been chosen, the student

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may be awarded incentives for performance or attendance, the

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total value of which may not exceed $50 per student per year.

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     (2)  RESPONSIBILITIES OF SCHOOL DISTRICT AND PROVIDER.--

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     (a)  School districts must create a streamlined parent

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enrollment and provider selection process for supplemental

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educational services and ensure that the process enables eligible

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students to begin receiving supplemental educational services no

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later than October 15 of each school year.

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     (b)  Supplemental educational services enrollment forms must

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be made freely available to the parents of eligible students and

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providers both prior to and after the start of the school year.

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     (c)  School districts must provide notification to parents

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of students eligible to receive supplemental educational services

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prior to and after the start of the school year. Notification

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shall include contact information for state-approved providers as

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well as the enrollment form, clear instructions, and timeline for

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the selection of providers and commencement of services.

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     (d)  State-approved supplemental educational services

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providers must be able to provide services to eligible students

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no later than October 15 of each school year contingent upon

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their receipt of their district-approved student enrollment lists

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at least 20 days prior to the start date.

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     (e)  In the event that the contract with a state-approved

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provider is signed less than 20 days prior to October 15, the

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provider shall be afforded no less than 20 days from the date the

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contract was executed to begin delivering services.

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     (f)  A school district must hold open student enrollment for

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supplemental educational services unless or until it has obtained

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a written election to receive or reject services from parents in

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accordance with paragraph (3)(a).

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     (g)  School districts, using the same policies applied to

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other organizations that have access to school sites, shall

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provide access to school facilities to providers that wish to use

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these sites for supplemental educational services.

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     (3)  COMPLIANCE; PENALTIES FOR NONCOMPLIANCE.--

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     (a)  Compliance is met when the school district has obtained

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evidence of reception or rejection of services from the parents

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of at least a majority of the students receiving free or reduced-

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price lunch in Title I schools that are eligible for parental

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choice of transportation or supplemental educational services

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unless a waiver is granted by the State Board of Education. A

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waiver shall only be granted if there is clear and convincing

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evidence of the district's efforts to secure evidence of the

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parent's decision. Requirements for parental election to receive

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supplemental educational services shall not exceed the election

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requirements for the free and reduced-price lunch program.

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     (b)  A provider must be able to deliver supplemental

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educational services to school districts in which the provider is

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approved by the state. If a state-approved provider withdraws

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from offering services to students in a school district in which

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it is approved and in which it has signed either a contract to

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provide services or a letter of intent and the minimums per site

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set by the provider have been met, the school district must

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report the provider to the department. The provider shall be

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immediately removed from the state-approved list for the current

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school year for that school district. Upon the second such

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withdrawal in any school district, the provider shall be

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ineligible to provide services in the state the following year.

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     (4)  REALLOCATION OF FUNDS.--If a school district has not

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spent the required supplemental educational services set-aside

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funding, the district may apply to the Department of Education

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after January 1 for authorization to reallocate the funds. If the

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Commissioner of Education does not approve the reallocation of

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funds, the district may appeal to the State Board of Education.

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The State Board of Education must consider the appeal within 60

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days of its receipt, and the decision of the state board shall be

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final.

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     (5) RESPONSIBILITIES OF THE DEPARTMENT OF EDUCATION.--

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     (a) The Department of Education shall assign to each state-

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approved supplemental educational services provider one of the

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following grades, defined according to rules of the State Board

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of Education:

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     1. "A," providing superior service.

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     2. "B," providing above satisfactory service.

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     3. "C," providing satisfactory service.

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     4. "D," providing below satisfactory service.

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     5. "F, "providing unsatisfactory service.

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     (b) A state-approved supplemental educational services

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provider's grade shall be based on a combination of student

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learning gains and student proficiency levels, as measured by the

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statewide assessment pursuant to s. 1008.22, and norm-referenced

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tests approved by the Department of Education for students in

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kindergarten through grade 3.

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     (c) Beginning with the 2007-2008 school year, the

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Department of Education shall assign a grade to each state-

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approved supplemental educational services provider and by March

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1 report the grades to the supplemental educational services

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providers, the school districts, parents, and the public.

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     (6)(5) RULES.--The State Board of Education may adopt rules

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

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of this section and may enforce the provisions of this section

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pursuant to s. 1008.32.

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     Section 2.  This act shall take effect July 1, 2008.