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