The purpose of this rule amendment is to adopt the updated application, Form SES 100, Request for Applications for Supplemental Educational Services Providers for the 2012-2013 school year and to revise the provider approval processes.

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 purpose of this rule amendment is to adopt the updated application, Form SES 100, Request for Applications for Supplemental Educational Services Providers for the 2012-2013 school year and to revise the provider approval processes.
SUMMARY: The proposed rule updates the Request for Applications for the 2012-2013 school year and online application and hard-copy documentation requirements.
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 proposal is not expected to require legislative ratification. The rule is not expected to create any new fees or other associated transactional costs. Based on the agency’s experience with adopting rules on this subject, the rule amendment is expected to have a minimal economic impact.
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 FS.
LAW IMPLEMENTED: 1008.331 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: November 15, 2011, 9:00 a.m.
PLACE: Andrew Jackson High School, 3816 N. Main St., Jacksonville, Florida
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

THE FULL TEXT OF THE PROPOSED RULE IS:

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

(1) through (2) No change.

(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 2011 (http://www.flrules.org/Gateway/reference.asp? No=Ref-00655), which is hereby incorporated by reference to become effective_______March 20, 2011. Form SES 100 may be obtained from the Florida Department of Education, Bureau of Federal Educational Programs Student Assistance, 325 West Gaines Street, Suite 348, Tallahassee, Florida 32399-0400 or on the Department’s website at www.fldoe.org/flbpso.

3. through (b)7. No change.

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., the Sunshine State Standards as approved by the State Board of Education;

b. through 10.b. No change.

(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.

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

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

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

7. through 12. No change.

(4) through (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,_______.

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Michael Grego, Interim Chancellor, K-12 Public Schools
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Gerard Robinson, Commissioner, Department of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 3, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 16, 2011