Supplemental Educational Services in Title I Schools

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-1.039Supplemental Educational Services in Title I Schools

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 39, No. 14, January 22, 2013 issue of the Florida Administrative Register.

 

The following sections of Rule 6A-1.039 are amended to read:

 

(2)(c) “Eligible student” means a student 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.

(3)(a)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 July 2013 March 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)(b)6. Ensure that 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.

(3)(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.

4.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.

5.6. Provide supplemental educational services by tutors that are Title I paraprofessionals as provided in 20 U.S.C. § 6319(c), January 8, 2002, or current State of Florida certified teachers. The reference to 20 U.S.C. § 6319(c) is hereby incorporated by reference.

6.7. 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.

7.8. 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.

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

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

10.11. Measure the student’s progress and report progress at least monthly to the student’s parents and teachers.

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

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

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

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

15.16. 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.

 

(b) All portions of the application shall be submitted online at http://www.fldoe.org/flbpso, if the online platform is open, or delivered to the following address: Florida Department of Education, Bureau of Federal Educational Programs, 325 West Gaines Street, Suite 348, Tallahassee, Florida 32399-0400.

 

(4)(d)7.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.

 

In addition, changes to Form SES 100 have been made as follow:

The table of contents has been amended to delete the section relating to operations and rate for provisions of SES/Group Size.

 

The Application Instructions and Requirements, Submission Deadline Requirements has been amended to read:

The annual submission deadline will be posted in the release of the Supplemental Educational Services (SES) Provider Application via the Florida Department of Education (FDOE) Paperless Communication System at http://www.fldoe.org/paperless. The application must be SUBMITTED online at http://www.fldoe.org/flbpso, if the online platform is open, or delivered to the following address: Florida Department of Education, Bureau of Federal Education Programs, 325 West Gaines Street, Suite 348, Tallahassee, Florida 32399-0400. It is the responsibility of the applicant to ensure that the application is submitted by the stated deadline.

 

The Application Instructions and Requirements, Method of Review and Scoring Requirements, has been amended:

Department staff will review each application to ensure accurate completion of requested information and compliance with provider eligibility requirements.

Applications will be reviewed if:

•       The applicant meets provider eligibility requirements.
•       All portions of the application are complete and received submitted electronically by the stated deadline in the application.

 

Applicants who submit a complete online application, but did not submit adequate evidence for the Business and Financial Requirements section of the application, will be given one opportunity to correct Business and Financial Requirements’ deficiencies. All deficiencies must be corrected within five business days of the date the notice of deficiency is provided to the applicant by email.

 

Sections relating to operations and rate for provision of SES/Group Size are deleted in their entirety:

Operations -- Check all that apply.

Indicate the day(s) services will be offered and length of each service session. Note: Cumulative sessions may not exceed four hours per week.

 Weekday (Monday - Friday) maximum 1.5 hours per day

 Weekend (Saturday - Sunday) maximum three hours per day with at least one 15-minute break

Indicate the times SES will be offered:

 Before school

 After school

 Weekends

 Summer

 

Rate for Provisions of SES/Group Size -- Indicate the SES service rate for each student per hour and for each type of instruction offered.

$ Individual Tutoring

$ Small Group Tutoring

$ Large Group Tutoring

 

Maximum rates per type of instruction must not exceed the following:

 

$ 65 Individual Tutoring (one student to one tutor)

$ 55 Small group Tutoring (two to four students per tutor)

$ 45 Large group Tutoring (five to seven students per tutor)

 

Section relating to Business and Financial Requirements, Evidence of Legal Qualification to do Business in Florida, and Evidence of Financial Soundness are amended as follow:

If the application is submitted online, applicants must scan and upload requested documentation as evidence of the applicant’s legal qualification to do business in Florida and financial soundness.

 

Evidence of Legal Qualification:

 

 

Please upload or deliver, for mailed applications, a copy of the document(s) that formally acknowledges the applicant’s legal status to conduct business in Florida.

 

Please upload or deliver a copy of one of the following documents:

 Florida business license

 Florida Certificate of Status

 501(c) 3 (non-profit organizations)

 

Please upload or deliver a copy of one of the following documents:

 Articles of Incorporation

 Articles of Organization

 Partnership Agreement

 Sole Proprietorship Attestation

 

Please upload or deliver a copy of the following document, if applicable:

 Fictitious Name Filing

 

Evidence of Financial Soundness:

Please upload or deliver the following documentation to demonstrate financial resources to operate SES:

 

The section on General Assurances, Assurances is amended to read:

2. Application 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 years.