FLORIDA DEPARTMENT OF EDUCATION
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STATE BOARD OF EDUCATION
John L. Winn
Commissioner of Education
F. PHILIP HANDY,
Chairman
T. WILLARD FAIR,
Vice Chairman
Members
DONNA G. CALLAWAY
JULIA L. JOHNSON
ROBERTO MARTÍNEZ
PHOEBE RAULERSON
LINDA K. TAYLOR
October 14, 2005
MEMORANDUM
TO:
District Superintendents
FROM:
John L. Winn
SUBJECT
:
Florida’s Implementation of No Child Left Behind (NCLB) Choice Options
The purpose of this memorandum is to clarify state and local responsibilities for ensuring that students in Title I
schools that have not made Adequate Yearly Progress (AYP) for two or more consecutive years are provided
choice options consistent with the requirements of the federal No Child Left Behind (NCLB) legislation.
School districts must set aside an amount equal to 20% of their Title I funds to provide school choice options
for eligible students attending Title I schools in need of improvement, corrective action, or restructuring for
two or more years as described below. Districts must use 25% of the 20% for choice with transportation and
25% of the 20% for state-approved Supplemental Educational Services (SES). If there is sufficient demand for
either state-approved SES or choice-related transportation, the district should use the remaining 50% (aside
from the 25% minimum for SES and 25% minimum for transportation) for state-approved SES, transportation,
or both, as determined by the district. A district may spend as much as an amount equal to 20% of its Title I
allocation for SES, if it does not have any demand for choice-related transportation.
If sufficient funds are not available to provide state-approved SES to all interested and eligible students, districts
must give priority in providing NCLB school choice to the lowest performing students attending Title I schools in
need of improvement, corrective action, or restructuring. Districts are to prioritize on the basis of the academic
achievement of individual students rather than the specific Title I school which they attend.
The U.S. Department of Education has issued a document that provides non-regulatory guidance on the issue
of Supplemental Educational Services (SES). This document was issued on June 13, 2005, and is available
online at http://www.ed.gov/policy/elsec/guid/suppsvcsguid.doc
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325 W. GAINES STREET • SUITE 1514 • TALLAHASSEE, FL 32399-0400 • (850) 245-0505 • www.fldoe.org
District Superintendents
October 14, 2005
Page 2
Issue: Status of state-approved SES providers that are affiliated with a district which has recently been
identified as in need of improvement.
As you know, a wide variety of entities have been able to apply to the state for approval to serve as SES
providers. However, the federal guidance document states on page 14: “
An SEA may not keep an LEA on
its approved provider list if that LEA is identified as in need of improvement under Section 1116”
[34
CFR 200.47(b)(1)(iv)(B)].
On October 12, 2005, a letter was sent to districts asking for the identification of SES providers that are (1)
state-approved providers that are schools not identified for improvement, corrective action, or restructuring,
and which therefore remain eligible to provide SES services under NCLB; (2) state-approved providers that are
district providers but no longer eligible to be state-approved providers due to the district being identified as in
need of improvement; and (3) state-approved SES providers that are schools which are identified for
improvement, corrective action, or restructuring, and which therefore are no longer eligible to provide SES
services under NCLB.
Districts were advised that, to the extent that providers in categories 2 or 3 had mistakenly enrolled students,
information should be provided about how parents will be given information about, and an opportunity to
enroll their students in, other eligible providers.
The process of rescinding state approval for SES providers that no longer meet the federal criteria is currently
in progress. Letters informing state-approved SES providers that are no longer eligible to provide services due
to the identification of their districts are being sent to providers next week.
If a district has a state-approved SES provider that is no longer eligible to provide services due to the district’s
identification, the district must offer other, state-approved options for students who have applied for services
from an entity that can no longer be state-approved.
Issue: Providing SES outside of the two federally-approved choices.
The federal guidance document (p. 41) clarifies the amount of the 20% set aside that must be spent on choice
with transportation and state-approved SES services:
Unless a lesser amount is needed to meet demand for choice-related transportation and to satisfy
all requests for supplemental educational services, an LEA must spend an amount equal to 20
percent of its Title I, Part A allocation, before any reservations, on:
1.
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Choice-related transportation;
2.
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Supplemental educational services; or
3.
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A combination of (1) and (2).
On page 42, the document clarifies the issue regarding when local educational agencies (LEAs) determine that
they will not be spending the full 20% set aside on choice with transportation and state-approved SES services:
Before determining that an amount less than 20 percent of its allocation is needed for choice-
related transportation and supplemental educational services, an LEA should be able to
document that it has fully met demands for these services. An LEA should consider whether it
has:
•
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Appropriately notified all eligible parents of the availability of public school choice and
supplemental educational services;
•
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Adequately publicized the options to parents in understandable formats and multiple
forums; and
•
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Offered parents a reasonable period of time to investigate their options and submit their
requests for either public school choice or supplemental educational services.
District Superintendents
October 14, 2005
Page 3
In other words, districts must be able to document that they (1) have informed all eligible parents of their
choice options under NCLB, (2) publicized the NCLB choice options in understandable formats, and (3) have
given parents a reasonable time to make their decisions.
Only after this has occurred can a district then use
the remaining portion of the 20% set aside for other services, such as school within a school or district-
approved SES
. Page 48 of the guidance document states:
Before making the decision that funds can be reallocated from choice-related transportation and
supplemental educational services, LEAs should ensure that eligible students and their families
have had adequate time to avail themselves of the opportunity to transfer schools or to receive
supplemental educational services.
To summarize: District-approved SES providers that are not also state-approved SES providers are not
allowed to fulfill the two federal choice requirements under NCLB. If a district can document that a good faith
effort was made to allow parents access to (1) choice with transportation and (2) state-approved SES, and has
funds from the 20% set-aside that are unexpended, only then can a district use the funds for other services such
as district-approved SES. If an eligible school or district that has not been identified as in need of
improvement wants to become a state-approved SES provider, it should submit an application to the state.
To further clarify the NCLB choice options:
1.
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Required NCLB Public School Choice for Students Attending Title I Schools Not Making AYP for
Two
or More Consecutive Years
•
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Every child that attends a Title I school in need of improvement, corrective action, or restructuring is
eligible to transfer to another public school in the district, including a public charter school, that is not in
need of improvement, corrective action, or restructuring status.
•
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The district must pay all or a portion of the transportation necessary for eligible students to attend their
new school.
•
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Of the funds that districts must set aside for NCLB choice, a minimum of 25% must be used for school
choice with transportation unless a lesser amount is needed.
•
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The parents of all eligible students must be notified of their child’s school choice options and provided
an opportunity to participate.
2.
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Required NCLB Supplemental Educational Services for Eligible Students in Title I Schools Not
Making AYP for
Three
or More Years
•
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Every child that receives free or reduced-price lunch and attends a Title I school that has not achieved
AYP for three or more years must be offered state-approved SES as a choice option. The parents of
all eligible students must be notified of their child’s school choice options and provided an
opportunity to participate.
•
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Parents may only select SES providers from the state-approved provider list. Section 1116(e)(4) of
the NCLB Legislation requires the state to approve SES providers, maintain a list of approved
providers, and monitor services.
•
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Of the funds that districts must set aside for NCLB choice, 25% is the minimum amount that must be
used for state-approved SES unless a lesser amount is needed.
•
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Under Title I regulations, districts and schools identified as in need of improvement may not serve as
state-approved SES providers. Title I regulations, however, permit a district to offer SES to students
in schools in the first year of school improvement. In this instance, SES does not necessarily need to
meet the Section 1116 requirements.
District Superintendents
October 14, 2005
Page 4
3. Additional Public School Choice Options for Students
•
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In addition to the two NCLB-required choice options, other choice options may be provided that are
supported by Florida’s A+ Accountability Plan.
As noted above, and in the federal guidance
document, these options, which include but are not limited to, controlled open enrollment,
district-approved SES and use of a school-within-a-school model, are not required and may be
offered
only
after all efforts to provide the two required NCLB choice options have resulted in
unexpended funds in the 20% set aside
. Districts must document that they have put forth a good
faith effort in this matter.
•
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District-approved SES is defined as a school-based extended day instructional service provided by a
high quality instructor that is not the student’s instructor during regular school hours; in the area of
mathematics, reading, or writing; utilizing a research-based program; and provided to prioritized low-
income, low-performing students. It is called “district approved” because districts are to send an
assurance that the program is research-based and being provided by a high quality instructor.
It is essential to review and ensure that your district is in full compliance with the preceding requirements of
NCLB. These requirements are further explained in non-regulatory guidance released by the U. S. Department of
Education (ED) in June 2005, and you are encouraged to refer to this document for more information.
Thank you for your continued support as we work together in providing meaningful school choice options to
increase student achievement across the state. If you have questions about NCLB choice with transportation,
please contact Claire Philippe, Program Specialist, at 850-245-0829 or claire.philippe@fldoe.org. Questions
about state-approved SES should be directed to Chad Aldis, Director of Supplemental Educational Services
and Scholarship Programs, at 850-245-0502 or chad.aldis@fldoe.org.
JW/pm
cc:
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Assistant Superintendents for Curriculum and Instruction
District Title I Coordinators
District Finance Officers
District MIS Directors
