Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for HB 7029
       
       
       
       
       
       
                                Barcode 331014                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1c/F/2R         .                                
             05/01/2013 02:59 PM       .                                
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       Senator Garcia moved the following:
       
    1         Senate Amendment to Amendment (317092) (with title
    2  amendment)
    3  
    4         Between lines 367 and 368
    5  insert:
    6         Section 9. Section 1008.331, Florida Statutes, is amended
    7  to read:
    8         1008.331 Supplemental educational services in Title I
    9  schools; school district, provider, and department
   10  responsibilities.—
   11         (1)ACCOUNTABILTY.—A provider may offer supplemental
   12  educational services pursuant to this section only if it is a
   13  state-approved supplemental educational services provider that:
   14         (a) Demonstrates financial stability;
   15         (b) Maintains a parental complaint resolution process;
   16         (c) Uses research-based instructional methods that are
   17  consistent with the instruction provided by the district;
   18         (d) Aligns curricula to the Next Generation Sunshine State
   19  Standards; and
   20         (e) Submits to the department an application to be a state
   21  approved supplemental educational services provider.
   22         1. The application must require that the following persons
   23  meet the background screening requirements of s. 435.04:
   24         a. The board of directors;
   25         b. The managing members;
   26         c. The owner if it is a sole proprietor; and
   27         d. Any person who has direct contact with students,
   28  including volunteers.
   29         2. The provider shall post on its website the name of each
   30  person who has direct contact with students.
   31         (2)(1) INCENTIVES.—A provider or school district may not
   32  provide incentives to entice a student or a student’s parent to
   33  choose a provider. After a provider has been chosen, the student
   34  may be awarded incentives for performance or attendance, the
   35  total value of which may not exceed $50 per student per year.
   36         (3)(2) RESPONSIBILITIES OF SCHOOL DISTRICT AND PROVIDER.—
   37         (a) School districts must create a streamlined parent
   38  enrollment and provider selection process for supplemental
   39  educational services and ensure that the process enables
   40  eligible students to begin receiving supplemental educational
   41  services no later than October 15 of each school year.
   42         (b) Supplemental educational services enrollment forms must
   43  be made freely available to the parents of eligible students and
   44  providers both prior to and after the start of the school year.
   45         (c) School districts must provide notification to parents
   46  of students eligible to receive supplemental educational
   47  services prior to and after the start of the school year.
   48  Notification shall include contact information for state
   49  approved providers as well as the enrollment form, clear
   50  instructions, and timeline for the selection of providers and
   51  commencement of services.
   52         (d) State-approved supplemental educational services
   53  providers must be able to provide services to eligible students
   54  no later than October 15 of each school year contingent upon
   55  their receipt of their district-approved student enrollment
   56  lists at least 20 days prior to the start date.
   57         (e) In the event that the contract with a state-approved
   58  provider is signed less than 20 days prior to October 15, the
   59  provider shall be afforded no less than 20 days from the date
   60  the contract was executed to begin delivering services.
   61         (f) A school district must hold open student enrollment for
   62  supplemental educational services unless or until it has
   63  obtained a written election to receive or reject services from
   64  parents in accordance with paragraph (4)(a) (3)(a).
   65         (g) School districts, using the same policies applied to
   66  other organizations that have access to school sites, shall
   67  provide access to school facilities to providers that wish to
   68  use these sites for supplemental educational services. A school
   69  district with a student population in excess of 300,000 may only
   70  charge a state-approved supplemental educational services
   71  provider facility rental fees for the actual hours that the
   72  classrooms are used for tutoring by the provider.
   73         (h) School districts must inform parents of their student’s
   74  progress or require providers to inform parents of their
   75  student’s progress.
   76         (i) School districts must notify the department of any
   77  providers that are found to have:
   78         1. Forged, altered, or falsified attendance reports or
   79  enrollment forms in a systemic or egregious manner;
   80         2. Failed to respond to parental complaints in a timely
   81  manner; or
   82         3. Violated accountability requirements in a systemic or
   83  egregious manner.
   84         (j) School districts must establish a parental complaint
   85  procedure.
   86         (4)(3) COMPLIANCE; PENALTIES FOR NONCOMPLIANCE.—
   87         (a) Compliance is met when the school district has obtained
   88  evidence of reception or rejection of services from the parents
   89  of at least a majority of the students receiving free or
   90  reduced-price lunch in Title I schools that are eligible for
   91  parental choice of transportation or supplemental educational
   92  services unless a waiver is granted by the State Board of
   93  Education. A waiver shall only be granted if there is clear and
   94  convincing evidence of the district’s efforts to secure evidence
   95  of the parent’s decision. Requirements for parental election to
   96  receive supplemental educational services shall not exceed the
   97  election requirements for the free and reduced-price lunch
   98  program.
   99         (b) A provider must be able to deliver supplemental
  100  educational services to school districts in which the provider
  101  is approved by the state. If a state-approved provider withdraws
  102  from offering services to students in a school district in which
  103  it is approved and in which it has signed either a contract to
  104  provide services or a letter of intent and the minimums per site
  105  set by the provider have been met, the school district must
  106  report the provider to the department. The provider shall be
  107  immediately removed from the state-approved list for the current
  108  school year for that school district. Upon the second such
  109  withdrawal in any school district, the provider shall be
  110  ineligible to provide services in the state the following 2
  111  years year.
  112         (5)(4) REALLOCATION OF FUNDS.—If a school district has not
  113  spent the required supplemental educational services set-aside
  114  funding, the district may apply to the Department of Education
  115  after January 1 for authorization to reallocate the funds. If
  116  the Commissioner of Education does not approve the reallocation
  117  of funds, the district may appeal to the State Board of
  118  Education. The State Board of Education must consider the appeal
  119  within 60 days of its receipt, and the decision of the state
  120  board shall be final.
  121         (6)(5) RESPONSIBILITIES OF THE DEPARTMENT OF EDUCATION.—
  122         (a) By May 1 of each year, each supplemental educational
  123  services provider must report to the Department of Education,
  124  unless a prior agreement has been made with the local school
  125  district, in an electronic form prescribed by the department,
  126  the following information regarding services provided to public
  127  school students in the district:
  128         1. Student learning gains as demonstrated by mastery of
  129  applicable benchmarks or access points set forth in the Sunshine
  130  State Standards;
  131         2. Student attendance and completion data;
  132         3. Parent satisfaction survey results;
  133         4. School district satisfaction survey results received
  134  directly from the school district; and
  135         5. Satisfaction survey results received directly from the
  136  school district which were completed by principals in whose
  137  schools onsite supplemental educational services were provided.
  138  
  139  The department shall post a uniform survey on its Internet
  140  website to be completed online by principals and school
  141  districts.
  142         (b) The department shall evaluate each state-approved
  143  provider using the information received pursuant to paragraph
  144  (a) and assign a service designation of excellent, satisfactory,
  145  or unsatisfactory for the prior school year. However, if the
  146  student population served by the provider does not meet the
  147  minimum sample size necessary, based on accepted professional
  148  practice for statistical reliability and the prevention of the
  149  unlawful release of personally identifiable student information,
  150  the provider will not receive a service designation. The State
  151  Board of Education shall specify, by rule, the threshold
  152  requirements for assigning the service designations; however,
  153  the service designations must be based primarily on student
  154  learning gains. By July 1 of each year, the department must
  155  report the service designation to the supplemental educational
  156  services providers, the school districts, parents, and the
  157  public.
  158         (c) For the 2012-2013 school year, school districts shall
  159  use an amount equivalent to 15 percent of the Title I, Part A
  160  funds allocated to Title I schools to meet the requirements for
  161  supplemental educational services. Supplemental educational
  162  services shall be provided in Title I schools to students who
  163  are performing at Level 1 or Level 2 on the FCAT. Each school
  164  district shall contract with supplemental educational service
  165  providers that have been approved by the department. Each school
  166  district shall reserve an amount equal to 8 percent of the
  167  amount that the school district receives under Title I, Part A
  168  of the federal Elementary and Secondary Education Act, for each
  169  fiscal year, for supplemental educational services pursuant to
  170  this section to be provided by state-approved providers,
  171  including school districts.
  172         (d) The State Board of Education shall adopt rules pursuant
  173  to ss. 120.536(1) and 120.54 to administer the provisions of
  174  this subsection.
  175         (e) The board’s rules shall establish an internal complaint
  176  procedure to resolve disputes regarding the state approval
  177  process, the termination of state approval, and the assignment
  178  of a service designation. The internal complaint procedure must
  179  provide for an informal review by a hearing officer who is
  180  employed by the department and, if requested, a formal review by
  181  a hearing officer who is employed by the department, and shall
  182  recommend a resolution of the dispute to the Commissioner of
  183  Education. The internal complaint procedure is exempt from the
  184  provisions of chapter 120. The decision by the commissioner
  185  shall constitute final action.
  186         (f) By September 1, 2011, the department shall approve and
  187  a district may select acceptable premethods and postmethods for
  188  measuring student learning gains, including standardized
  189  assessments, diagnostic assessments, criterion-referenced and
  190  skills-based assessments, or other applicable methods
  191  appropriate for each grade level, for use by supplemental
  192  educational services providers and local school districts in
  193  determining student learning gains. Each method must be able to
  194  measure student progress toward mastering the benchmarks or
  195  access points set forth in the Sunshine State Standards and the
  196  student’s supplemental educational services plan. The use of a
  197  diagnostic and assessment instrument, which is aligned to a
  198  provider’s curriculum, is an acceptable premethod and postmethod
  199  if the provider can demonstrate that the assessment meets the
  200  requirements in this paragraph and is not deemed unreliable or
  201  invalid by the department.
  202         (g) As a condition for state approval, a provider must use
  203  a method for measuring student learning gains which results in
  204  reliable and valid results as approved by the department.
  205         (h) The provider shall report data on individual student
  206  learning gains to the department, unless a prior agreement has
  207  been made with the local school district to report such student
  208  achievement data. The report must include individual student
  209  learning gains as demonstrated by mastery of applicable
  210  benchmarks or access points set forth in the Sunshine State
  211  Standards.
  212         (i)The department shall create an external complaint
  213  procedure for complaints against state-approved supplemental
  214  educational services providers. If the department finds that a
  215  state-approved supplemental educational services provider is
  216  found to have violated a provision specified in paragraph
  217  (3)(i), the department shall terminate the provider pursuant to
  218  the internal complaint procedure in this subsection.
  219         (7)(6) RULES.—The State Board of Education may adopt rules
  220  pursuant to ss. 120.536(1) and 120.54 to implement the
  221  provisions of this section and may enforce the provisions of
  222  this section pursuant to s. 1008.32.
  223  
  224  ================= T I T L E  A M E N D M E N T ================
  225         And the title is amended as follows:
  226         Delete line 450
  227  and insert:
  228         districts to adopt policies; amending s. 1008.331,
  229         F.S.; establishing requirements that a provider must
  230         meet in order to offer supplemental educational
  231         services; revising the responsibilities of school
  232         districts and the Department of Education; requiring
  233         school districts to provide certain notice to parents
  234         or to the department; requiring the department to
  235         reserve certain funds; requiring the department to
  236         create an external complaint procedure for complaints
  237         against state-approved supplemental educational
  238         services providers; requiring the department