The proposed rule amends the requirements for approval to become a provider of supplemental educational services (SES). Proposed changes include limiting the student to teacher ratio, limiting the length of individual tutoring sessions, providing ...  

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    DEPARTMENT OF EDUCATION
    State Board of Education

    RULE NO.: RULE TITLE:
    6A-1.039: Supplemental Educational Services in Title I Schools
    PURPOSE AND EFFECT: The proposed rule amends the requirements for approval to become a provider of supplemental educational services (SES). Proposed changes include limiting the student to teacher ratio, limiting the length of individual tutoring sessions, providing for a minimum number of hours of tutoring that must be provided, moving requirements to be approved from the application form to the rule text, and updates to Form SES 100, SES Provider Application, for the 2013-2014 school year. Additional amendments include clarification to definitions used for SES, requirements for the provision of SES, and the period of ineligibility to provide services.
    SUMMARY: The rule is amended to update Form SES 100, Provider Application for the 2013-2014 school year, limiting the student to teacher ratio, limiting the length of individual tutoring sessions, and providing for a minimum number of hours of tutoring that must be provided.
    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
    The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
    The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The agency’s experience in the area and including feedback from the SES Advisory Panel. Many of the changes are procedural by moving the requirements to become a state-approved provider from Form SES 100 to the rule text; therefore, it is not anticipated that these changes will have any adverse impact on economic growth, business competiveness, regulatory cost or other factors found in Section 120.541(2)(a), Florida Statutes. The Department intends to implement the proposed rule within its current workload with existing staff. The changes to the student to teacher ratio, length of individual tutoring sessions, and minimum number of hours of tutoring are designed to ensure quality services are provided to students with the greatest academic need. Since the reimbursement for SES providers is established by the per pupil allocation, these changes will not impact the amount SES providers receive for their services.
    Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
    RULEMAKING AUTHORITY: 1008.331(6) Florida Statutes.
    LAW IMPLEMENTED: 1008.331(6) Florida Statutes.
    A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
    DATE AND TIME: February 18, 2013, 10:30 a.m.
    PLACE: Le Cordon Bleu College of Culinary Arts, 8511 Commodity Circle, Suite 100, Orlando, FL.
    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Melvin Herring, Program Director, Bureau of Federal Educational Programs, 325 West Gaines Street, Suite 348, Tallahassee, FL 32399, Melvin.herring@fldoe.org.

    THE FULL TEXT OF THE PROPOSED RULE IS:

    6A-1.039 Supplemental Educational Services in Title I Schools.

    (1) Purpose. This rule implements supplemental educational services in Title I schools as authorized by Section 1008.331, F. S.

    (2) Definitions. For the purpose of this rule, the following definitions shall be used:

    (a) “District/provider contract” means the agreement for the provision of supplemental educational services between each school district and each state-approved supplemental educational services providers in the district.

    (b) “Eligible school” is a Title I school that is in year one or beyond of school improvement, corrective action, or restructuring.

    (c) “Eligible student” means a student students enrolled in a Title I school who is performing at Level 1 or Level 2 on the Florida Comprehensive Assessment Test, as set forth under Section 1008.22, F.S.  from low-income families, as determined by the school district consistent with 20 U.S.C, Section 6316, who are attending a Title I funded school that is in year one or beyond of school improvement, corrective action, or restructuring.

    (d) “Hearing Officer” means an individual employed by the Department and appointed by the Commissioner of Education to hear disputes about the denial and removal of providers as well as the award of a service designation.

    (e) “School district” for the purposes of this rule, refers to all local educational education agencies in the state of Florida.

    (f) “State-approved supplemental educational services provider” means a provider that has been approved by the Florida Department of Education to provide supplemental educational services in one (1) or more school districts.

    (g) “Student learning plan” means the document developed in consultation with the parent, school district, and state-approved provider, which is designed to improve academic achievement of a student child receiving supplemental educational services.

    (h) “Supplemental educational services” means additional academic instruction, such as tutoring, remediation, and other supplemental academic enrichment services, that is provided by state-approved supplemental educational services providers outside of the regular school day, on weekends, or in the summer, and that are designed to increase the academic achievement of students enrolled in from low-income families who are attending Title I schools in their first year of school improvement, corrective action, or restructuring.

    (i) “Service designation” means a designation of excellent, satisfactory, or unsatisfactory assigned by the Department to each state-approved supplemental educational services provider.

    (3) Roles and Responsibilities.

    (a) The Department shall:

    1. Provide annual notice of the process for obtaining approval to provide supplemental educational services.

    2. Approve supplemental educational services providers based upon the application requirements set forth in Form SES 100, Supplemental Educational Services Provider Application 2012 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02272 http://www.flrules.org/gateway/reference.asp?NO=Ref-00655), which is hereby incorporated by reference. Form SES 100 is effective March 2013 to become effective December 20, 2011. Form SES 100 may be obtained from the Florida Department of Education, Bureau of Federal Educational Programs, 325 West Gaines Street, Suite 348, Tallahassee, Florida 32399-0400 or on the Department’s website at http://www.fldoe.org/flbpso.

    3. Maintain a list of state-approved providers.

    (b) School districts providing supplemental educational services shall:

    1. Identify eligible students and develop equitable procedures for prioritizing services if demand exceeds available funding.

    2. Notify eligible families prior to and after the start of the school year regarding the availability of services and the process for obtaining supplemental educational services in an understandable and uniform format. This notice shall include:

    a. Contact information for state-approved providers serving the school district, including providers that are able to serve students with disabilities or English Language Learners and accessible through technology, such as computer assisted instruction distance learning;

    b. A description of services, tutor qualifications, and evidence of effectiveness as determined by the Department’s evaluation of academic proficiency of each provider;

    c. A description of the procedures and timelines for selecting a provider and the commencement of services;

    d. The enrollment form with clear instructions;

    e. An offer to assist parents in choosing a provider; and

    f. An explanation of the benefits of receiving SES.

    3. Unless a waiver is granted by the State Board of Education, pursuant to Section 1008.331(3)(a), F.S., hold open student enrollment for supplemental educational services until the school district has obtained a written election to receive or reject services from the parents of at least a majority of eligible students or until the school district has expended all available funds.

    4. Make available the supplemental educational services enrollment forms to the parents of eligible students and providers prior to and after the start of the school year.

    5. Provide enrollment lists, parent contact information, and available student diagnostic data to supplemental educational services providers sufficiently in advance of October 15 so that eligible students may begin receiving supplemental educational services no later than October 15.

    6. Enter into a district/provider contract with each approved supplemental educational services provider approved to serve the school district; the school district is responsible for ensuring services are consistent with the district/provider contract.

    7. Notify the Department when a district/provider contract is terminated with cause due to a breach by the provider where the termination is based upon a failure to comply with Form or meet provider assurances set forth in SES Form 100 or SES district contract. Notification shall occur within fifteen (15) days of the date of the termination of the contract. Notification shall include the name of the company or organization, the date the contract was terminated, the reason for termination assurance the provider failed to comply with, and the factual basis which resulted in a breach of contract.

    8. Develop in consultation with the parent and the provider a student learning plan. The plan shall be consistent with the student’s individual education plan, English language learner plan, or the plan developed under Section 504 of the Rehabilitation Act. The plan shall include the following:

    a. A statement of specific achievement goals for the student; these goals shall be aligned with student performance standards as incorporated by reference in Rule 6A-1.09401, F.A.C., as approved by the State Board of Education;

    b. An explanation of how the student’s progress will be measured;

    c. A timetable for improving achievement; and

    d. An explanation describing how the student’s parents and teacher(s) will be regularly informed of the student’s progress.

    9. Reassign students to another provider for the remainder of the students funding allocation if the providers services do not begin by the timelines established in this rule, or if the providers district/provider contract is terminated, provider withdraws or if the provider is removed from the state-approved list.

    10. Display on its Web site the following information:

    a. Beginning with the data from the 2007-2008 school year, and for each subsequent school year, the number of students who were eligible for and the number of students who participated in SES; and

    b. For the current year, a list of state-approved providers serving the school district and the locations where services are provided.

    (c) State-approved supplemental educational services providers shall:

    1. Be capable of delivering supplemental educational services in the school districts where approved by the Department.

    2. Provide services that are secular, neutral, and nonideological.

    3. Provide services outside of the regular school day, such as before or after school, on weekends, or in the summer.

    a. Cumulative supplemental educational services tutoring sessions shall not exceed four (4) hours per week.

    b. Supplemental educational services tutoring sessions provided Monday through Friday shall not exceed one and one-half  (1.5) hours per day.

    c. Supplemental educational services tutoring sessions provided Saturday and Sunday shall not exceed three (3) hours per day and must include at least one (1) fifteen (15) minute break.

    d. Applicant shall provide professional development to tutors. Applicant shall supervise and monitor its tutors.

    4. Provide supplemental educational services where the student to tutor ratio is no more than seven (7) students per tutor.

    5. Establish a maximum billing rate per hour per student not to exceed $65 for individual tutoring, $55 for small group and $45 for large group.

    6. Provide supplemental educational services by tutors that are Title I paraprofessionals as provided in 20 U.S.C. § 6319 or current State of Florida certified teachers.

    7. Provide supplemental educational services that are consistent with the instructional program of the school district and aligned with State academic content and student academic achievement standards.

     

    8. 4. Unless a prior agreement has been made with the local school district, conduct a pre-assessment to determine student’s gaps in knowledge and skills prior to beginning services.

    9. 5. Consult with the school district and the parents to develop the student learning plan.

    10. 6. Provide educational services designed to enable the student to attain achievement goals specified in the student learning plan.

    11. 7. Measure the student’s progress and regularly report progress at least monthly to the student’s parents and teachers.

    12. 8. Adhere to the timetable in the student learning plan for improving the student’s achievement.

    13. 9. Provide services consistent with health, safety, and civil rights laws.

    14. 10. Abide by school district policies and procedures on criminal background checks and the provisions of Section 1012.465, F.S.

    15. 11. Refrain from altering, completing, or submitting enrollment forms on behalf of a parent.

    16. 12. Provide services to eligible students no later than October 15 of each school year contingent upon receipt of the district-approved student enrollment lists at least twenty (20) days prior to the start date. In the event that a contract with a state-approved provider is signed fewer than twenty (20) days prior to October 15, the provider shall have no fewer than twenty (20) days from the date the contract is executed to begin delivering services.

    (4) Supplemental Educational Services Provider Approval.

    (a) Application for approval by the Department for the provision of supplemental educational services shall be made on Form SES 100, Supplemental Educational Services Provider Application.

    (b) All portions of the application Except for that portion of the application submitted in hard-copy as set forth in Form SES 100, applications shall be submitted online on-line at http://www.fldoe.org/flbpso. The hard-copy documentation shall be delivered to the following address: Florida Department of Education, Bureau of Federal Educational Programs, 325 West Gaines Street, Suite 348, Tallahassee, Florida 32399-0400.

    (c) Applications submitted by means other than those set forth above and applications received after the deadline for submission, set forth in Form SES 100, regardless of the cause or nature of the delay, will not be accepted or considered for approval by the Department.

    1.  Notice of the application deadline will be posted online at http://www.fldoe.org/flbpso.  Applicants will be provided a minimum of thirty (30) days to submit an application.

    2.  Applicants who submitted a completed application, except for the Business and Financial Requirements portion of the application, will be given one opportunity to correct deficiencies associated with the Business and Financial Requirements. Any Business and Financial Requirement deficiency must be corrected within five business days of the date the notice of deficiency is sent to the applicant by electronic mail.

    (d) Approval requires that the applicant attain at least eighty (80) percent of the total possible points on Form SES 100 and at least seventy (70) percent of the possible points in the Demonstrated Record of Effectiveness and the High Quality, Research-Based Instructional Services portions of SES Form 100, meet the requirements of Form SES 100 and the following additional requirements: the timely submission of all documents and meeting the requirements set forth in Form SES 100.

    1. Demonstrate that the applicant has increased the academic achievement of students for a period of one (1) or more years within the last three (3) years to a minimum of ten (10) students.

    2. Provide high-quality, research-based instructional services that address student weaknesses while still addressing required grade level curriculum.

    3. Provide the type of student-tutor interaction when using technology.

    4. Applicant must be legally qualified to do business in Florida and shall provide the following:

    a. Articles of Incorporation, Articles of Organization or Partnership Agreement, as applicable.

    b. A Florida business license, Florida Certificate of Status or an Internal Revenue Services Opinion Letter under 26 U.S.C. Section 501 (c)3, as applicable.

    c. A statement attesting that applicant will operate as a sole proprietorship under the applicant’s legal name, as applicable.

    d. A Fictitious Name filing, as applicable.

    5. Demonstrate Financial Soundness by submitting the following:

    a. Certified Public Accountant (CPA) audited balance sheet in United States dollars performed within the closing of the applicant’s last fiscal year; and,

    b. Six (6) month operating budget that includes expenses for insurance policies, salaries, marketing, instructional materials, facility rental fees, professional development, fingerprinting/background screening, transportation and servicing debt.; and,

    c. If the applicant is unable to demonstrate financial soundness under the provision of sub-subparagraph (4)(d)5.a.-d. of this rule, FDOE will accept a line of credit from a financial institution in the amount to increase current assets.  Line of credit issued within the last calendar year demonstrating access to funds for the first six (6) months of the school year or a bank statement issued within the past three (3) months from a financial institution showing evidence of available and sufficient resources equal to or greater than the required budget to operate for six (6) months.

    6. Applicant shall provide a complete list of any board of directors, managing members or chief officers of the organization and corresponding titles, as applicable.

    7. Applicant assures to the following:

    a. Applicant has not been disbarred. “Debarment and Suspension” requires that all contractors receiving individual awards, using federal funds, and all sub-recipients certify that the organization and its members are not disbarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or agency from doing business with the federal government.

    b. Applicant has not been terminated for cause in the district(s) which the applicant selects to offer SES. Districts are not required to contract with providers who were terminated for cause within the last two (2) years.

    c. Applicant agrees to abide by ethical business practices, as adopted by the Education Industry Association in its Code of Professional Conduct and Business Ethics for Supplemental Educational Services Providers http://www.educationindustry.org/assets/2010-eia-code-of-ethics.pdf.

    d. Applicant agrees to indemnify, defend and hold harmless FDOE, the State of Florida, and their respective agents, officers and employees from and against any and all claims, demands, suits, liabilities, injuries (personal or bodily), property damage, causes of action, losses, costs, expenses, damages, or penalties, including without limitation reasonable defense costs and legal fees arising or resulting from, or occasioned by or in connection with:

    (i) any bodily injury or property damage resulting or arising from any act or omission to act (whether negligent, willful, wrongful or otherwise) by the applicant or its organization, its subcontractors, anyone directly or indirectly employed by them or anyone for whose acts they may be liable;

    (ii) failure by the applicant and its organization or its subcontractors to comply with any laws or regulations applicable to the performance of SES;

    (iii) the breach of any representation or assurance provided by the applicant and its organization in this application; or

    (iv) any act of infringement of any existing patent or copyright or any unauthorized use of any trade secret.

    e. Applicant agrees to attend a mandatory SES meeting sponsored by FDOE. Applicant will be notified of the meeting date, time and location at least fifteen (15) business days prior to the meeting.  Failure to attend meeting may result in Applicant being removed from the state-approved supplemental educational services provider list unless the applicant is able to demonstrate, in writing, unforeseen and uncontrollable circumstances that prohibited the applicant from attending the mandatory meeting.

    f. Abide by Rules 6A-1.039 and 6A-1.0391, FAC., and Section 1008.331, Florida Statutes.

    (e) Approval shall be for one (1) year. Approval is non-transferable and valid only for the person or entity named by the Department in its notice of approval.

    (f) Applicant An applicant is ineligible to re-apply apply for approval to provide supplemental educational services for the following two (2) year period next school year subsequent to any of the following:

    1. Termination of a supplemental educational services contract with a school district with cause in fifty (50) percent or more of the districts served in the previous school year, where the termination is based upon the provider’s failure to comply with, or meet, the requirements provider assurances set forth in Form SES Form 100; or

    2. The award of an unsatisfactory service designation for two (2) consecutive years, beginning with the service designation awarded in the 2010-2011 school year.

    (5) – (7) No change. 

    (8) Removal from the State-Approved Supplemental Educational Services Provider List. A provider shall be removed from the approved list, and the provider and any related organizations shall be ineligible to re-apply during the following two (2) year period, following the process established in subsection (7) of this rule, for the following reasons:

    (a) The failure to deliver services as provided in Section 1008.331(3)(b), F.S.;

    (b) The award of an unsatisfactory service designation for two (2) consecutive years, beginning with the service designation awarded in the 2010-2011 school year;

    (c) When the investigation reveals that a school district has been fraudulently invoiced; or

    (d) When the Department determines that the matter is of such magnitude that it cannot be addressed by the school district through its enforcement mechanisms, the failure to comply with provider responsibilities and assurances, the failure to meet and maintain the eligibility application requirements found in Form SES 100, the Supplemental Educational Services Provider Application Providers Request for Applications, and the failure to comply with the requirements established for providers in this rule.

    (9) – (11) No change. 

    Rulemaking Authority 1008.331 FS. Law Implemented 1008.331 FS. History–New 4-14-08, Amended 5-24-09, 12-15-09, 3-20-11, 12-20-11,


    NAME OF PERSON ORIGINATING PROPOSED RULE: Pam Stewart, Chancellor, Division of Public Schools.
    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Tony Bennett, Commissioner, Department of Education.
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 18, 2013
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 21, 2012

     

Document Information

Comments Open:
1/22/2013
Summary:
The rule is amended to update Form SES 100, Provider Application for the 2013-2014 school year, limiting the student to teacher ratio, limiting the length of individual tutoring sessions, and providing for a minimum number of hours of tutoring that must be provided.
Purpose:
The proposed rule amends the requirements for approval to become a provider of supplemental educational services (SES). Proposed changes include limiting the student to teacher ratio, limiting the length of individual tutoring sessions, providing for a minimum number of hours of tutoring that must be provided, moving requirements to be approved from the application form to the rule text, and updates to Form SES 100, SES Provider Application, for the 2013-2014 school year. Additional amendments ...
Rulemaking Authority:
1008.331(6) Florida Statutes.
Law:
1008.331(6) Florida Statutes.
Contact:
Melvin Herring, Program Director, Bureau of Federal Educational Programs, 325 West Gaines Street, Suite 348, Tallahassee, FL 32399, Melvin.herring@fldoe.org.
Related Rules: (1)
6A-1.039. Supplemental Educational Services in Title I Schools