TAP Number: BPSO-2006-007
October 2006
Technical Assistance Paper
Regarding Supplemental Educational Services (SES) in Title I Schools
The Legislation
The 2006 Legislature passed Committee Substitute for Committee Substitute for Senate Bill
772 (CS/CS/SB 772) to create a new section of law (Section 1008.331, Florida Statutes)
related to SES for Title I schools. See the appendix for a copy of the bill. This new statute
addresses the following topics:
•
Incentives
•
Responsibilities of the school district and provider
•
Access to school facilities
•
Compliance of school district and provider
•
Penalties for non-compliance
•
Reallocation of funds
•
Rules
Implementation Guidelines
Section 1008.331(1), Florida Statutes (Incentives)
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.
Parents of eligible students are to be active participants in the SES program by choosing a
provider approved by the state and available in the district that best meets the needs of their
children. School districts may provide assistance to parents in selecting a provider. The
school districts must offer unbiased assistance focused on the specific academic needs of
the student and the preferences of the parents.
The law prohibits providers or school districts from offering incentives to entice parents or
students to choose one provider over another. However, after a parent has selected a
provider, a student may be awarded an incentive for performance or attendance. The value
of this incentive may not exceed $50 per student per year.
TECHNICAL ASSISTANCE PAPERS (TAPs) are produced periodically by the
Bureau of Public School Options to present discussion of current topics. The
TAPs may be used for inservice sessions, technical assistance visits, parent
organization meetings, or interdisciplinary discussion groups. Topics are
identified by state steering committees, district personnel, and individuals, or
from program compliance monitoring.
BUREAU OF PUBLIC SCHOOL OPTIONS
325 WEST GAINES STREET, ROOM 314
TALLAHASSEE, FL 32399-0400
REFER QUESTIONS TO:
Mary Jo Butler
mailto:maryjo.butler@fldoe.org
(850) 245-0479
John L. Winn, Commissioner
Desktop and laptop computers are viewed as an enticement or incentive for parents to
choose a specific provider. However, providers may provide desktop or laptop computers to
students if they are necessary for participation in the program. A provider may provide the
use of a laptop for the duration of the program with the expectation that the parent must
return the computer upon completion. If the program requires a computer or limited Internet
connection, the provider must clearly communicate in writing that the computer is a loaner
with the expectation that the equipment must be returned at the completion of the program.
Providers may not advertise “free computers” to be given with enrollment. Computers
loaned to students must be fitted in such a way that students only have access to the
approved SES program.
Section 1008.331, Florida Statutes (Responsibilities of School District and Provider)
(2)(a)
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.
A streamlined process is one in which information is clear and understandable by parents
with easy-to-follow steps for participation and a clear point of contact for parents. The
district must eliminate barriers for parents seeking to make a choice for their child.
Examples of a streamlined process include, but are not limited to:
•
A letter which clearly indicates the parent’s choices and encourages them to
respond
•
An easy-to-follow process and timelines for parents to follow
•
Simple process for returning enrollment forms
•
Contact information clearly identified if parents want or need more information
•
Directory information made available to providers as requested and to the extent
allowable by school board policies
Requiring parents to appear in person to state their choices is not a streamlined process.
This requirement puts an unnecessary burden on parents. School districts should provide
several methods for parents to communicate their choices, including but not limited to
standard mail, email, or fax.
(2) (b)
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.
The district must make enrollment forms available to parents of eligible students and
providers both prior to and after the start of school. Providers are encouraged to
appropriately market their programs and services; however, providers are not authorized to
enroll students. The enrollment process is the responsibility of the school district, and
districts are held accountable for designing and implementing a streamlined process for
notifying parents and enrolling students.
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(2) (c)
School districts must provide notification to parents of students eligible
to receive supplemental educational services prior to and after the start of the
school year. Notification 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.
Parents are their child’s first and most important teachers, and they have a vital interest in
their child’s educational progress. Prior to NCLB, low income parents rarely had the
opportunity to hire a tutor when their child was falling behind or struggling. Now these
parents have the opportunity to select tutorial help for their child. To do so, parents must
receive information in a format that is easy to understand and in a readily accessible
language. All communication to parents should present a straightforward explanation about
the SES program that does not detract or discourage participation in the program.
To select a provider, parents must first understand the opportunity provided under NCLB.
Although written communication alone rarely suffices, sending a letter to parents letting
them know about their child's eligibility for SES services is an important first step. The
straightforward letter should contain seven basic components:
•
Clarification of SES
•
Explanation of how students become eligible for services
•
Notification that the services are free
•
Description of where to return an accompanying application
•
Description of the timeline for enrollment
•
Identification of the person to contact with questions
•
Description of the option to receive services or to reject available services
Districts may need to expand their outreach efforts to communicate information related to
SES to the parents of all eligible students. Many districts report a low return of enrollment
forms or low participation in provider fairs. The challenge to implement a new program and
connect with parents provides opportunities for creative and innovative communication
channels. Additional marketing strategies may include:
•
Enlisting schools in outreach efforts
•
Preparing classroom packets for teachers to share with parents during
parent/teacher conferences
•
Designing information flyers in multiple languages to distribute to parents through
various means
•
Placing articles and advertisements in local newspapers
•
Collaborating with local press to share information
•
Placing flyers and posters in natural gathering places, such as community
centers, churches, and shopping centers
•
Distributing postcard reminders
•
Facilitating provider fairs at multiple locations and times for parents to obtain
information to help them make informed choices
•
Developing partnerships with local community and faith-based organizations to
communicate to parents
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(2)(d)
State-approved SES 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.
It is in the best interest of the students, school districts, and providers to begin services as
soon as possible to ensure maximum access to students to impact student achievement
prior to the administration of the Florida Comprehensive Assessment Test (FCAT).
Contracts between providers and school districts should indicate the date the contract takes
effect and how long it is in effect. Services to students must begin by October 15 or within
20 days of the date the contract is signed. Providers must be prepared with the necessary
infrastructure to begin services to students as soon as possible following the execution of
the contract with the school district.
(2)(e)
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.
If the contract is signed after September 25 (20 days prior to October 15), the provider must
begin services within 20 days from the date the contract was executed.
(2)(f)
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.
Parents must clearly understand that they have three choices:
•
choose for their child to transfer to another public school
•
choose for their child to remain at the same school and participate in SES, if eligible
•
choose to accept neither option
It is the responsibility of the district to ensure that a majority (50 percent plus one student) of
parents with eligible students have made one of these three choices. Not returning the
enrollment form does not constitute evidence of rejection of the available choices. Districts
are responsible for reaching out to parents to encourage participation in choice with
transportation and SES.
Districts must continue to hold open enrollment for SES until all available funds have been
expended. It is the responsibility of the district to maintain documentation of the parent
selection of choice with transportation or SES, the provider selected, and all efforts for
parent outreach.
(2)(g)
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.
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The law requires districts to provide access to school facilities to providers that wish to use
these sites for supplemental educational services using the same policies applied to other
organizations that have access to school sites. In general, there are three levels of access
to school facilities provided by districts:
•
All groups are allowed to use the facilities by renting space.
•
Only non-profit groups are allowed to use the facilities by renting space.
•
No groups are allowed to use the facilities.
SES providers must have the same access to school facilities as other groups. For
example, if the Boy Scouts (a non-profit organization) is allowed to use the facilities for no
cost, the non-profit SES providers must be allowed to use the facilities for no cost. As part
of the contract, the school board’s policy related to the use of school facilities should be
clearly defined for all providers.
Section 1008.331, Florida Statutes (Compliance; Penalties for Noncompliance)
(3)(a)
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.
Parents must clearly understand that they have three choices:
•
choose for their child to transfer to another public school
•
choose for their child to remain at the same school and participate in SES, if eligible
•
choose to accept neither option
Districts must maintain documentation of the parent selection of choice with transportation
or SES, the provider selected, and all efforts for parent outreach. The district must be
prepared to submit the documents, if necessary, to demonstrate compliance before the
State Board of Education.
(3)(b)
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.
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If the school district assigns the minimum number of students to a provider, pursuant to the
approved application, and the provider refuses to serve these students, the provider will be
immediately removed from the state-approved list for that district. If the provider withdraws
from another district, the provider will be removed from the state-approved provider list for
the remainder of the current year for the state and will not be eligible to apply for approval
for the following school year. The penalty will only be applied if the district has assigned
students to the provider, and the provider withdraws from serving students in the district.
Section 1008.331, Florida Statutes (Reallocation of Funds)
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 law provides authority to school districts to request approval from the Department for
the reallocation of any remaining portion of the 20 percent set-aside funds after January 1.
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.
Following January 1, if a district determines that it has unexpended funds remaining in the
20 percent set-aside, the district may request authorization to reallocate the remaining
funds. Upon receiving the request, Department staff will review required documentation of
the district’s parent outreach efforts and any extenuating circumstances that may have
impacted student participation. Approval will be based on the preponderance of evidence
supporting the district’s efforts to fully comply with the requirements and intent of NCLB.
Title I, Part A, of NCLB is a state-administered program, and the state is ultimately
responsible for administering all aspects of the program, including ensuring that all
subgrantees comply with the programmatic and fiscal requirements of the program. The
Department has the authority to set reasonable conditions on the use of funds by each local
education agency. The Department’s policy regarding the 20 percent set-aside for choice
with transportation and SES is consistent with federal law and policy.
According to the USDE Non-Regulatory Guidance on SES, the state is responsible for
ensuring that a school district has fully met parental demand for choice-related
transportation and SES. Before the Department approves a district’s request to reallocate
any funds reserved for NCLB school choice, the district must be prepared to document that
the district has:
•
Appropriately notified all eligible parents of the availability of public school choice
and SES
•
Adequately publicized the options to parents in understandable formats and multiple
forms of communication
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•
Offered parents a reasonable amount of time to investigate their options and submit
their requests for either public school choice or SES (see USDE Non-Regulatory
Guidance on SES, question K-4)
•
Collected documentation from the parents of at least a majority of eligible students
regarding whether or not they have chosen SES for their children
Section 1008.331, Florida Statutes (Rules)
The State Board of Education may adopt rules to implement and enforce the
provisions of this section.
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