CS/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 supplemental
4	educational services providers to report certain
5	information to the Department of Education regarding
6	services provided to public school students; requiring the
7	department to evaluate each state-approved provider and
8	assign a service designation; providing an exception for
9	assignment of a service designation; requiring the
10	adoption of rules specifying the threshold requirements
11	for the service designations; requiring the department to
12	report the service designations to the providers, the
13	school districts, parents, and the public; requiring the
14	department to approve methods for measuring student
15	learning gains; requiring the reporting of data on
16	individual student learning gains; authorizing school
17	districts to use certain funds to meet requirements;
18	requiring the State Board of Education to adopt rules,
19	including certain complaint procedures; providing an
20	effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1.  Subsection (5) of section 1008.331, Florida
25	Statutes, is amended to read:
26	1008.331  Supplemental educational services in Title I
27	schools; school district, provider, and department
28	responsibilities.--
29	(5)  RESPONSIBILITIES OF THE DEPARTMENT OF EDUCATION.--
30	(a)1.  By May 1 of each year, each supplemental educational
31	services provider must report to the Department of Education,
32	unless a prior agreement has been made with the local school
33	district, in an electronic form prescribed by the department,
34	the following information regarding services provided to public
35	school students in the district:
36	a.  Student learning gains as demonstrated by mastery of
37	applicable benchmarks or access points set forth in the Sunshine
38	State Standards.
39	b.  Student attendance and completion data.
40	c.  Parent satisfaction survey results.
41	d.  School district satisfaction survey results received
42	directly from the school district.
43	e.  Satisfaction survey results received directly from the
44	school district from principals in whose schools supplemental
45	educational services were provided on site.
46	2.  The department shall provide a uniform survey to be
47	completed online for principals and school districts.
48	(b)  The department shall evaluate each state-approved
49	supplemental educational services provider using the information
50	received pursuant to subparagraph (a)1. and assign a service
51	designation of excellent, satisfactory, or unsatisfactory for
52	the prior school year. However, if the student population served
53	by the provider does not meet the minimum sample size necessary,
54	based on accepted professional practice for statistical
55	reliability and prevention of the unlawful release of personally
56	identifiable student information, the provider will not receive
57	a service designation. The State Board of Education shall
58	specify, by rule, the threshold requirements for assigning the
59	service designations; however, the service designations must be
60	based primarily on student learning gains. By July 1 of each
61	year, the department must report the service designation to the
62	supplemental educational services provider, the school district,
63	parents, and the public.
64	(c)  By September 1, 2009, the department shall approve
65	acceptable pretest and posttest methods for measuring student
66	learning gains, to include standardized assessments, diagnostic
67	assessments, criterion-referenced and skill-based assessments,
68	or other applicable methods appropriate for each grade level,
69	for use by supplemental educational services providers and
70	school districts in determining student learning gains. Each
71	method must be able to measure student progress toward mastering
72	the targeted benchmarks or access points set forth in the
73	Sunshine State Standards and the student's supplemental
74	educational services plan. The use of a diagnostic assessment
75	instrument that is aligned to a provider's curriculum is an
76	acceptable pretest or posttest method if the provider can
77	demonstrate that the assessment meets the requirements of this
78	paragraph and is not deemed unreliable or invalid by the
79	department.
80	(d)  As a condition for state approval, a supplemental
81	educational services provider must use a method for measuring
82	student learning gains that results in reliable and valid
83	results as approved by the department.
84	(e)  A supplemental educational services provider shall
85	report data on individual student learning gains to the
86	department, unless a prior agreement has been made with the
87	local school district to report such student achievement data.
88	The report must include individual student learning gains as
89	demonstrated by mastery of applicable benchmarks or access
90	points set forth in the Sunshine State Standards.
91	(f)  School districts may use Title I, Part A funds to meet
92	the requirements of this subsection, as provided in the
93	Elementary and Secondary Education Act, as amended.
94	(g)  The State Board of Education shall adopt rules
95	pursuant to ss. 120.536(1) and 120.54 to administer the
96	provisions of this subsection. The rules shall include an
97	internal complaint procedure to resolve disputes regarding the
98	state approval process, termination of state approval, and
99	assignment of a service designation. The internal complaint
100	procedure shall afford an informal review by a hearing officer
101	employed by the department and, if requested, a formal review by
102	a hearing officer employed by the department who shall recommend
103	a resolution of the dispute to the Commissioner of Education.
104	The internal complaint procedure is exempt from the provisions
105	of chapter 120. The decision by the commissioner shall
106	constitute final action.
107	(a)  The Department of Education shall assign to each
108	state-approved supplemental educational services provider one of
109	the following grades, defined according to rules of the State
110	Board of Education:
111	1.  "A," providing superior service.
112	2.  "B," providing above satisfactory service.
113	3.  "C," providing satisfactory service.
114	4.  "D," providing below satisfactory service.
115	5.  "F," providing unsatisfactory service.
116	(b)  A state-approved supplemental educational services
117	provider's grade shall be based on a combination of student
118	learning gains and student proficiency levels, as measured by
119	the statewide assessment pursuant to s. 1008.22, and norm-
120	referenced tests approved by the Department of Education for
121	students in kindergarten through grade 3.
122	(c)  Beginning with the 2007-2008 school year, the
123	Department of Education shall assign a grade to each state-
124	approved supplemental educational services provider and by March
125	1 report the grades to the supplemental educational services
126	providers, the school districts, parents, and the public.
127	Section 2.  This act shall take effect July 1, 2009.

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