CS/HB 1377

1	A bill to be entitled
2	An act relating to supplemental educational services;
3	amending s. 1008.331, F.S.; requiring each school district
4	to report to the Department of Education information
5	regarding certain supplemental educational services
6	providers; requiring the department to evaluate each
7	state-approved provider and assign a service designation;
8	providing an exception; requiring rulemaking and reporting
9	relating to service designations; authorizing the use of
10	certain funds; requiring rulemaking for implementation;
11	requiring rules to include an internal complaint procedure
12	to resolve certain disputes; providing for a review
13	process and final agency action; providing an effective
14	date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Subsections (5) and (6) of section 1008.331,
19	Florida Statutes, are amended to read:
20	1008.331  Supplemental educational services in Title I
21	schools; school district, provider, and department
22	responsibilities.--
23	(5)  RESPONSIBILITIES OF THE DEPARTMENT OF EDUCATION.--
24	(a)  By May 1 of each year, each school district must
25	report to the department, on the form prescribed by the
26	department, the following information regarding each
27	supplemental educational services provider that provides service
28	to public school students in the district:
29	1.  Student learning gains as demonstrated by mastery of
30	applicable benchmarks or access points set forth in the Sunshine
31	State Standards.
32	2.  Student attendance and completion data provided to the
33	district by each provider.
34	3.  Parent satisfaction survey results.
35	4.  School district satisfaction survey results.
36	5.  Principal satisfaction survey results.
37	(b)  The department shall evaluate each state-approved
38	provider using the information received pursuant to paragraph
39	(a) and assign a service designation of excellent, satisfactory,
40	or unsatisfactory for the prior school year. However, if the
41	student population served by the provider does not meet the
42	minimum sample size necessary, based on accepted professional
43	practice for statistical reliability and prevention of the
44	unlawful release of personally identifiable student information,
45	the department may not assign the provider a service
46	designation. The State Board of Education shall specify, in
47	rule, the threshold requirements for assigning the service
48	designations. By July 1 of each year, the department must report
49	the service designations to the supplemental educational
50	services providers, the school districts, parents, and the
51	public.
52	(c)  School districts may use Title I, Part A funds to meet
53	the requirements of this subsection, as provided in the
54	Elementary and Secondary Education Act, as amended.
55	(a)  The Department of Education shall assign to each
56	state-approved supplemental educational services provider one of
57	the following grades, defined according to rules of the State
58	Board of Education:
59	1.  "A," providing superior service.
60	2.  "B," providing above satisfactory service.
61	3.  "C," providing satisfactory service.
62	4.  "D," providing below satisfactory service.
63	5.  "F," providing unsatisfactory service.
64	(b)  A state-approved supplemental educational services
65	provider's grade shall be based on a combination of student
66	learning gains and student proficiency levels, as measured by
67	the statewide assessment pursuant to s. 1008.22, and norm-
68	referenced tests approved by the Department of Education for
69	students in kindergarten through grade 3.
70	(c)  Beginning with the 2007-2008 school year, the
71	Department of Education shall assign a grade to each state-
72	approved supplemental educational services provider and by March
73	1 report the grades to the supplemental educational services
74	providers, the school districts, parents, and the public.
75	(6)  RULES.--
76	(a)  The State Board of Education shall may adopt rules
77	pursuant to ss. 120.536(1) and 120.54 to implement the
78	provisions of this section and may enforce the provisions of
79	this section pursuant to s. 1008.32.
80	(b)  Agency rules shall include an internal complaint
81	procedure to resolve disputes regarding the state approval
82	process, termination of state approval, and assignment of a
83	service designation. The internal complaint procedure shall
84	afford an informal review by a hearing officer employed by the
85	department and, if requested, a formal review by a hearing
86	officer employed by the department who shall recommend a
87	resolution of the dispute to the Commissioner of Education. The
88	internal complaint procedure is exempt from the provisions of
89	chapter 120. The decision of the Commissioner of Education
90	constitutes final agency action.
91	Section 2.  This act shall take effect July 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.