Florida Senate - 2009                      CS for CS for SB 2538
       
       
       
       By the Committees on Education Pre-K - 12 Appropriations; and
       Education Pre-K - 12; and Senator Detert
       
       
       
       602-05113-09                                          20092538c2
    1                        A bill to be entitled                      
    2         An act relating to supplemental educational services;
    3         amending s. 1008.331, F.S.; requiring that each
    4         supplemental educational services provider report
    5         certain information to the Department of Education
    6         regarding services to public school students in the
    7         district by a specified date each year; requiring that
    8         the department post a uniform survey on its Internet
    9         website to be completed online by principals and
   10         school districts; requiring that the department
   11         evaluate each provider based on such information and
   12         assign a service designation; providing an exception
   13         for such designation; requiring that the department
   14         adopt rules specifying the threshold requirements for
   15         such designation; requiring that the department report
   16         the 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 an internal
   22         complaint procedure; providing guidelines for such
   23         procedure; requiring that the department approve
   24         certain methods for measuring student learning gains;
   25         requiring that a provider use acceptable methods for
   26         measuring student learning gains as a condition for
   27         state approval; requiring that a provider report data
   28         on individual student learning gains to the
   29         department; providing an exception; requiring that the
   30         report contain certain information; providing an
   31         effective date.
   32  
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Subsection (5) of section 1008.331, Florida
   36  Statutes, is amended to read:
   37         1008.331 Supplemental educational services in Title I
   38  schools; school district, provider, and department
   39  responsibilities.—
   40         (5) RESPONSIBILITIES OF THE DEPARTMENT OF EDUCATION.—
   41         (a) By May 1 of each year, each supplemental educational
   42  services provider must report to the Department of Education,
   43  unless a prior agreement has been made with the local school
   44  district, in an electronic form prescribed by the department,
   45  the following information regarding services provided to public
   46  school students in the district:
   47         1.Student learning gains as demonstrated by mastery of
   48  applicable benchmarks or access points set forth in the Sunshine
   49  State Standards;
   50         2.Student attendance and completion data;
   51         3.Parent satisfaction survey results;
   52         4.School district satisfaction survey results received
   53  directly from the school district; and
   54         5.Satisfaction survey results received directly from the
   55  school district which were completed by principals in whose
   56  schools on-site supplemental educational services were provided.
   57  
   58  The department shall post a uniform survey on its Internet
   59  website to be completed online by principals and school
   60  districts. The Department of Education shall assign to each
   61  state-approved supplemental educational services provider one of
   62  the following grades, defined according to rules of the State
   63  Board of Education:
   64         1.“A,” providing superior service.
   65         2.“B,” providing above satisfactory service.
   66         3.“C,” providing satisfactory service.
   67         4.“D,” providing below satisfactory service.
   68         5.“F,” providing unsatisfactory service.
   69         (b) The department shall evaluate each state-approved
   70  provider using the information received pursuant to paragraph
   71  (a) and assign a service designation of excellent, satisfactory,
   72  or unsatisfactory for the prior school year. However, if the
   73  student population served by the provider does not meet the
   74  minimum sample size necessary, based on accepted professional
   75  practice for statistical reliability and the prevention of the
   76  unlawful release of personally identifiable student information,
   77  the provider will not receive a service designation. The
   78  department shall specify, by rule, the threshold requirements
   79  for assigning the service designations; however, the service
   80  designations must be based primarily on student learning gains.
   81  By July 1 of each year, the department must report the service
   82  designation to the supplemental educational services providers,
   83  the school districts, parents, and the public. A state-approved
   84  supplemental educational services provider’s grade shall be
   85  based on a combination of student learning gains and student
   86  proficiency levels, as measured by the statewide assessment
   87  pursuant to s. 1008.22, and norm-referenced tests approved by
   88  the Department of Education for students in kindergarten through
   89  grade 3.
   90         (c) School districts may use Title I, Part A funds to meet
   91  the requirements, as provided in the Elementary and Secondary
   92  Education Act, as amended. Beginning with the 2007-2008 school
   93  year, the Department of Education shall assign a grade to each
   94  state-approved supplemental educational services provider and by
   95  March 1 report the grades to the supplemental educational
   96  services providers, the school districts, parents, and the
   97  public.
   98         (d)The State Board of Education shall adopt rules pursuant
   99  to ss. 120.536(1) and 120.54 to administer the provisions of
  100  this subsection.
  101         (e)The board’s rules shall establish an internal complaint
  102  procedure to resolve disputes regarding the state approval
  103  process, the termination of state approval, and the assignment
  104  of a service designation. The internal complaint procedure must
  105  provide for an informal review by a hearing officer who is
  106  employed by the department and, if requested, a formal review by
  107  a hearing officer who is employed by the department, and shall
  108  recommend a resolution of the dispute to the Commissioner of
  109  Education. The internal complaint procedure is exempt from the
  110  provisions of chapter 120. The decision by the commissioner
  111  shall constitute final action.
  112         (f)By September 1, 2009, the department shall approve
  113  acceptable pre-methods and post-methods for measuring student
  114  learning gains, including standardized assessments, diagnostic
  115  assessments, criterion-referenced and skills-based assessments,
  116  or other applicable methods appropriate for each grade level,
  117  for use by supplemental educational services providers and local
  118  school districts in determining student learning gains. Each
  119  method must be able to measure student progress toward mastering
  120  the benchmarks or access points set forth in the Sunshine State
  121  Standards and the student’s supplemental educational services
  122  plan. The use of a diagnostic and assessment instrument, which
  123  is aligned to a provider’s curriculum, is an acceptable pre
  124  method and post-method if the provider can demonstrate that the
  125  assessment meets the requirements in this paragraph and is not
  126  deemed unreliable or invalid by the department.
  127         (g)As a condition for state approval, a provider must use
  128  a method for measuring student learning gains which results in
  129  reliable and valid results as approved by the department.
  130         (h)The provider shall report data on individual student
  131  learning gains to the department, unless a prior agreement has
  132  been made with the local school district to report such student
  133  achievement data. The report must include individual student
  134  learning gains as demonstrated by mastery of applicable
  135  benchmarks or access points set forth in the Sunshine State
  136  Standards.
  137         Section 2. This act shall take effect July 1, 2009.