Bill Amendment: FL H7029 | 2013 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Education
Status: 2013-07-01 - Chapter No. 2013-225, companion bill(s) passed, see SB 1514 (Ch. 2013-45) [H7029 Detail]
Download: Florida-2013-H7029-Senate_Floor_Amendment_331014_to_Amendment_317092.html
Bill Title: Education
Status: 2013-07-01 - Chapter No. 2013-225, companion bill(s) passed, see SB 1514 (Ch. 2013-45) [H7029 Detail]
Download: Florida-2013-H7029-Senate_Floor_Amendment_331014_to_Amendment_317092.html
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
