Florida Senate - 2009 CS for SB 2538
By the Committee on Education Pre-K - 12; and Senator Detert
581-03501-09 20092538c1
1 A bill to be entitled
2 An act relating to supplemental educational services;
3 amending s. 1008.331, F.S.; requiring that the
4 department evaluate and approve student assessment
5 instruments for use by providers; requiring that each
6 state-approved supplemental educational services
7 provider report certain information to the Department
8 of Education regarding services to public school
9 students in the district by a specified date each
10 year; requiring that the department evaluate each
11 provider based on such information and assign a
12 service designation; providing an exception for such
13 designation; requiring that the department adopt rules
14 specifying the threshold requirements for such
15 designation; requiring that the department report the
16 service designations to the providers, the school
17 districts, parents, and the public by a specified date
18 each year; authorizing school districts to use certain
19 funds to meet the requirements in the act; requiring
20 that the State Board of Education adopt rules;
21 requiring that the board’s rules include certain
22 procedures; requiring that the department review and
23 evaluate the school districts’ diagnostic and
24 assessment instruments to measure student learning
25 gains; requiring that a supplemental educational
26 services provider report data on individual student
27 learning gains to the department; providing for
28 exceptions; providing an effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
32 Section 1. Subsection (5) of section 1008.331, Florida
33 Statutes, is amended to read:
34 1008.331 Supplemental educational services in Title I
35 schools; school district, provider, and department
36 responsibilities.—
37 (5) RESPONSIBILITIES OF THE DEPARTMENT OF EDUCATION.—
38 (a) By May 1 of each year, each supplemental educational
39 services provider must report to the department, in an
40 electronic form prescribed by the department, the following
41 information regarding services provided to public school
42 students in the district:
43 1. Student learning gains as demonstrated by mastery of
44 applicable benchmarks or access points set forth in the Sunshine
45 State Standards;
46 2. Student attendance and completion data;
47 3. Parent satisfaction survey results;
48 4. School district satisfaction survey results; and
49 5. Satisfaction survey results from principals in whose
50 schools supplemental educational services were provided on site.
51 The Department of Education shall assign to each state-approved
52 supplemental educational services provider one of the following
53 grades, defined according to rules of the State Board of
54 Education:
55 1. “A,” providing superior service.
56 2. “B,” providing above satisfactory service.
57 3. “C,” providing satisfactory service.
58 4. “D,” providing below satisfactory service.
59 5. “F,” providing unsatisfactory service.
60 (b) The department shall evaluate each state-approved
61 provider using the information received pursuant to paragraph
62 (a) and assign a service designation of excellent, satisfactory,
63 or unsatisfactory for the prior school year. However, if the
64 student population served by the provider does not meet the
65 minimum sample size necessary, based on accepted professional
66 practice for statistical reliability and the prevention of the
67 unlawful release of personally identifiable student information,
68 the provider will not receive a service designation. The
69 department shall specify, by rule, the threshold requirements
70 for assigning the service designations; however, the service
71 designations must be based primarily on student learning gains.
72 By July 1 of each year, the department must report the service
73 designation to the supplemental educational services providers,
74 the school districts, parents, and the public. A state-approved
75 supplemental educational services provider’s grade shall be
76 based on a combination of student learning gains and student
77 proficiency levels, as measured by the statewide assessment
78 pursuant to s. 1008.22, and norm-referenced tests approved by
79 the Department of Education for students in kindergarten through
80 grade 3.
81 (c) School districts may use Title I, Part A funds to meet
82 the requirements, as provided in the Elementary and Secondary
83 Education Act, as amended. Beginning with the 2007-2008 school
84 year, the Department of Education shall assign a grade to each
85 state-approved supplemental educational services provider and by
86 March 1 report the grades to the supplemental educational
87 services providers, the school districts, parents, and the
88 public.
89 (d) The State Board of Education shall adopt rules pursuant
90 to ss. 120.536(1) and 120.54 to administer the provisions of
91 this subsection.
92 (e) The board’s rules shall include an internal complaint
93 procedure to resolve disputes regarding the state approval
94 process, termination of state approval, and assignment of a
95 service designation. The internal complaint procedure shall
96 afford an informal review by a hearing officer employed by the
97 department and, if requested, a formal review by a hearing
98 officer employed by the department who shall recommend a
99 resolution of the dispute to the Commissioner of Education. The
100 internal complaint procedure is exempt from the provisions of
101 chapter 120. The decision by the Commissioner of Education shall
102 constitute final action.
103 (f) By September 1, 2009, the department shall complete a
104 review and evaluation of the diagnostic and assessment
105 instruments currently used by local school districts and
106 supplemental educational services providers to measure student
107 learning gains.
108 (g) Based on the review and evaluation, the department
109 shall select cost-efficient and effective diagnostic and
110 assessment instruments. As a condition for state approval, a
111 provider must use a diagnostic and assessment instrument
112 selected by the department. A diagnostic and assessment
113 instrument, which is aligned to a provider’s curriculum, shall
114 be considered effective by the department if the provider can
115 demonstrate the diagnosis of student skills gaps and assessment
116 of benchmarks or access points set forth in the Sunshine State
117 Standards.
118 (h) The provider shall report data on individual student
119 learning gains to the department, unless a prior agreement has
120 been made with the local school district to report such student
121 achievement data. The report must include individual student
122 learning gains as demonstrated by mastery of applicable
123 benchmarks or access points set forth in the Sunshine State
124 Standards.
125 Section 2. This act shall take effect July 1, 2009.