FLORIDA DEPARTMENT OF EDUCATION
     
    John L. Winn
    Commissioner of Education
     
     
      
     
     
    STATE BOARD OF EDUCATION
      
     
    F. PHILIP HANDY,
    Chairman
     
    T. WILLARD FAIR,
    Vice Chairman
     
     
    Members
     
    DONNA G. CALLAWAY
     
    R
    OBERTO MARTÍNEZ
     
    P
    HOEBE RAULERSON
     
    KATHLEEN SHANAHAN
    LINDA K. TAYLOR
     
     
    CONTACT PERSONS
     
     
      
      
      
      
      
      
    Name:
    Mary Jo Butler
    Kay Caster
    Phone:
    (850) 245-0479
    Suncom:
    205-0479
    E-mail:
    maryjo.butler@fldoe.org
    kay.caster@fldoe.org
     
      
      
      
      
      
      
    K12: 2006-81
     
    MEMORANDUM
     
    TO:
    District Superintendents
    State-Approved SES Providers
     
    FROM:
    Cheri Pierson Yecke, Ph.D.
     
     
    DATE:
    June 9, 2006
     
     
    SUBJECT:
     
    2006 LEGISLATIVE CHANGES REGARDING SUPPLEMENTAL
    EDUCATIONAL SERVICES (SES) IN TITLE I SCHOOLS
     
     
    The 2006 Legislature passed Committee Substitute for Committee Substitute for Senate Bill
    772 to create a new section of law related to supplemental educational services in Title I
    schools. The purpose of the new law is to provide policy related to the responsibilities of
    school districts and providers relative to supplemental educational services as required in
    section 1116 of the No Child Left Behind (NCLB) Act. The purpose of this memo is to
    provide summary and general information related to the new law.
     
    The bill states that a provider or school district may not provide incentives to entice a
    student or a student’s parent to choose a provider. After a provider has been chosen, the
    student may be awarded incentives for performance or attendance, the total value of which
    may not exceed $50 per student per year.
     
     
    CHERI PIERSON YECKE, PH.D.
    CHANCELLOR, K-12 PUBLIC SCHOOLS
     
    325 W. GAINES STREET • SUITE 514 • TALLAHASSEE, FL 32399-0400 • (850) 245-0509 • www.fldoe.org
     

     
    2006 Legislative Changes Regarding Supplemental Educational Services
    (SES) in Title I Schools
    June 9, 2006
    Page Two
     
    The bill establishes responsibilities of school districts and providers:
     
    o
    School districts must create a streamlined parent enrollment and provider
    selection process for supplemental educational services and ensure that the
    process enables eligible students to begin receiving supplemental
    educational services no later than October 15 of each school year.
    o
    Supplemental educational services enrollment forms must be made freely
    available to the parents of eligible students and providers both prior to and
    after the start of the school year.
    o
    School districts must provide notificat
    ion to parents of students eligible to
    receive supplemental educational services prior to and after the start of the
    school year, which shall include contact information for state-approved
    providers as well as the enrollment form, clear instructions, and timeline for
    the selection of providers and commencement of services.
    o
    Service providers must be able to provide services to eligible students no
    later than October 15 of each school year contingent upon receipt of their
    district-approved student enrollment lists at least 20 days prior to the start
    date.
    o
    In the event that a contract with a state-approved provider is signed less than
    20 days prior to October 15, the provider shall have no less than 20 days
    from the date the contract was executed to begin delivering services.
    o
    Each school district must hold open student enrollment for supplemental
    educational services unless or until it has obtained a written election to
    receive or reject services from the parents of at least a majority of eligible
    students unless a waiver is granted by the State Board of Education.
    o
    School districts, using the same policies applied to other organizations that
    have access to school sites, shall provide access to school facilities to
    providers that wish to use these sites for supplemental educational services.
     
    The bill defines school district and provider compliance, provisions for a waiver, and
    penalties for noncompliance:
     
    o
    The school district has met compliance when it has obtained evidence of
    reception or rejection of services from the parents of at least a majority of
    eligible students unless a waiver is granted by the State Board of Education.
    A waiver shall only be granted if there is clear and convincing evidence of the
    district's efforts to secure evidence of the parent's decision. Requirements for
    parental election to receive supplemental educational services shall not
    exceed the election requirements for the free and reduced-price lunch
    program.
     
      

     
    2006 Legislative Changes Regarding Supplemental Educational Services
    (SES) in Title I Schools
    June 9, 2006
    Page Three
     
    o
    Providers must be able to deliver supplemental educational services to school
    districts in which the provider is approved by the state. If a state-approved
    provider withdraws from offering services to students in a school district in
    which it is approved and in which it has signed either a contract to provide
    services or a letter of intent, and the minimum per site set by the provider has
    been met, the school district must report the provider to the department. The
    provider shall be immediately removed from the state-approved list for the
    current school year for that school district. Upon the second such withdrawal
    in any school district, the provider shall be ineligible to provide services in the
    state the following year.
     
    The bill provides for reallocation of funds such that if a school district has not spent the
    required supplemental educational services set-aside funding, the district may apply to
    the Department of Education after January 1 for authorization to reallocate the funds. If
    the Commissioner of Education does not approve the reallocation of funds, the district
    may appeal to the State Board of Education. The State Board of Education must
    consider the appeal within 60 days of its receipt and the decision of the state board shall
    be final.
     
    The bill also authorizes the State Board of Education to adopt rules to implement and
    enforce the provisions of this section.
     
    Department staff are developing technical assistance materials to provide additional
    guidance for implementing this legislation. If you have questions or need additional
    information, please contact the Bureau of Public School Options at 850.245.0479.
     
    CY:MJB:seo
     
    cc: Assistant Superintendents for Instruction
    Title I Contacts
    SES Contacts
     
     
     
      

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