CS for SB 1414 First Engrossed
20081414e1
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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.; providing restrictions on
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charges by specified school districts for facility rental
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fees paid by a state-approved supplemental educational
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services provider; requiring the Department of Education
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to annually evaluate and grade supplemental educational
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services providers; specifying evaluation criteria;
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providing reporting requirements; providing an effective
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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. A school
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district with a student population in excess of 300,000 may only
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charge a state-approved supplemental educational services
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provider facility rental fees for the actual hours that the
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classrooms are used for tutoring by the provider.
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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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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.
CODING: Words stricken are deletions; words underlined are additions.