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Choice with Transportation - General

1. What is NCLB Public School Choice?
Public School Choice reflects each parent’s preference to transfer their child from a Title I school that has been identified as in need of improvement, corrective action, or restructuring to a Title I school that has not been identified in need of improvement, or to a non-Title I school. These options may also include specialty schools, charter schools, and non-Title I public schools. Districts may provide transportation directly to the student or pay for the provision of transportation to the public school that the student attends.

2. Who is eligible for school choice?
All K-12 children are eligible for public school choice with transportation when the Title I school they are enrolled in is identified as in need of improvement, corrective action, or restructuring. Students not yet enrolled in a Title I schools such as first time kindergarteners, students matriculating from elementary to middle, or middle to high schools should generally have the same opportunity to exercise choice as students who have been previously enrolled in the assigned school. If a school district determines that funds are insufficient to provide transportation to all eligible students whose parents request this option, the district may be required to prioritize services to the lowest achieving students from low-income families.

Choice with Transportation - Parents

1. How do parents know if their child is eligible for school choice?
Districts are required to notify parents in writing if their child is eligible for school choice no later than the first day of the school year following the year for which their child’s Title I school has been identified for improvement.

2. What does it mean when a school has been identified as in need of improvement?
A Title I school identified as not making Adequate Yearly Progress (AYP) for two or more consecutive is identified as a school in need of improvement. Identifying a school for improvement serves as formal acknowledgement that the school is not meeting the challenge of successfully teaching all of its children. The identification marks the beginning of the school improvement process, which includes a set of structured interventions designed to help a school identify, analyze, and address issues that prevent student success. The state and school districts are required to help schools identified as in need of improvement design and implement a plan to improve student

3. What is AYP?
NCLB requires states to evaluate the performance of all students in all public schools to determine whether schools, school districts, and the state have made Adequate Yearly Progress (AYP) toward enabling all students to meet the state’s academic achievement standards in language arts/reading and mathematics. AYP measurements target the performance and participation of various subgroups based on race or ethnicity, socioeconomic status, disability, and English proficiency. The goal of NCLB is to have 100 percent of students proficient by 2013-14.

4. If students do not use school transportation, do they still qualify for choice with transportation?
Yes. All students who attend a Title I school identified as in need of improvement, corrective action, or restructuring are eligible to transfer to another public school in the district.

5. When a district offers parents multiple choices of schools, who makes the final decision on which school a child attends? How is this decision made?
While the school district makes the final decision on which school each child attend, districts must consider parents’ preferences in making these decisions. Also, in making final decisions on assignments, districts must give priority to the lowest-achieving eligible children if funding is limited. Districts might allow parents to rank-order their preferences among the schools that are available to receive transfer students. Districts should respect those preferences, to the extent practicable, when assigning students to schools or when making decisions about transportation. Once a district has made the school assignments, parents must have the option to decline the opportunity to move their child to the new school identified by the district.

6. How does a district “give priority to the lowest achieving children from low-income families?”
A district must give all students in a school identified as in need of improvement the opportunity to transfer to another public school. In implementing this option to transfer, there may be circumstances in which the district may be required to prioritize services to the lowest-achieving children from low-income families. For example, if all students can not attend their first choice of schools, the district should give first priority to assignments to the low-achieving low-income students. Similarly, if the district does not have sufficient funding to provide transportation to all students who wish to transfer, it would apply this priority in determining which students can receive transportation.

7. How long must students who change schools be allowed to attend the school of their choice and be provided transportation?
Once a student has exercised the option to transfer to another school, the district must permit the student to remain in that school until the student has completed the highest grade offered by that school. Students are not required to remain at the new school, but it is their option to stay. However, the district obligation to provide transportation to the new school expires at the end of the school year in which the original school is no longer identified for school improvement or subject to corrective action or restructuring. The original school must make AYP for two consecutive years in order to exit school improvement status. Additionally, the school district is no longer obligated to provide transportation to the new school if the new school becomes identified as in need of improvement.

Choice with Transportation - School Districts

1. What must be included in the parent notification letter?

Districts are responsible for effectively notifying parents in a uniform and understandable manner regarding:

their option to transfer to another public school
how the school compares in terms of academic achievement to other public schools in the district
the reason(s) for the identification
what the school and district are doing to address the academic problem(s)
how the parents can help
options for public school choice, including transferring to another public school and supplemental educational services, as applicable
the school’s status and what the identification means
district contact information if parents need assistance during the selection process.

The district may provide additional information regarding the schools to which the student may transfer. This information must be presented in an unbiased manner that does not seek to dissuade parents from exercising their right to choose a new school. You may access additional information regarding parent notification and outreach at: http://info.fldoe.org/docushare/dsweb/Get/Document-4362/k12-08-58memo.pdf

2. What if no schools are available?
If the school district has no available schools, parents still must be notified that their child's school is identified for school improvement and that the child is eligible for choice, but that no choices are currently available. Such notification might also inform parents of the option of supplemental services for those children who are eligible. This may occur when all schools at a grade level are in school improvement. Other situations may also exist such as only one school in the district or when the rural or isolated nature of a school district prevents choice. In these situations, the school district may offer supplemental educational services to all students who are eligible.

3. How many choices of schools is a district required to offer to students?
If more than one school is available, the district must offer more than one choice to eligible students. Schools that cannot be included in this choice are schools identified as in need of improvement (or corrective action or restructuring) under Title I or identified by the state as persistently dangerous. The public schools from which students may choose may be, but are not required to be, public schools that operate Title I programs. Charter schools, virtual schools, and other specialty schools within the district may be eligible as receiving schools so long as there are not identified as in need of improvement (or corrective action or restructuring). Districts have some degree of flexibility in designing programs that provide a range of alternatives for students without making available every school in the district. The district may use reasonable discretion in providing parents with available choices as long as the choices afford students attending low-performing schools with real alternatives for obtaining a better education.

4. Do public school options include only schools in the same district?
A school district may choose to enter into a cooperative agreement with another district that would allow their students to transfer into the other district's schools. This option may be attractive for schools that must offer choice and there are no possible schools within the district eligible for transfer or the closest school in their own district is much farther away than one in a neighboring district.

5. Can a district still follow current district transportation policy when implementing choice?
Yes. Existing district policy may impact how a district implements choice with transportation. For example, if the district has a general policy that does not provide transportation for a student who lives within a reasonable distance of their school (i.e. one or two miles away), the district is not required to provide transportation to the student. Additionally, parents must be made aware that transportation to schools outside of the list provided to them may be their responsibility. Districts are not obligated to accommodate those students whose parents elect to transfer them to schools not listed on the parent notification.

6. Must a district that believes it does not have the physical capacity within its schools to accept transferring students implement the Title I public school choice provisions?

A district may not use lack of capacity to deny students the option to transfer but may take capacity into consideration in deciding which choices to make available to eligible students.

Every student enrolled in a Title I school in need of improvement must have the opportunity to transfer to a school that is not in need of improvement. A district’s provision of a priority to the lowest-achieving eligible children does not diminish the requirement for the district to provide choice to all students in its Title I schools that are in school improvement status. If a district does not have sufficient capacity in its schools that are not identified for improvement (or as persistently dangerous) to accommodate the demand for transfers by all eligible students, the district must create additional capacity or provide choices of other schools.

7. If a district does not have the physical capacity to offer transfers to all eligible students, how can it create additional capacity?

When capacity is an issue, school officials will need to employ creativity and ingenuity in providing capacity in schools to receive additional students. The range of possible options might include:

Reconfiguring space in receiving schools that is currently not being used for instruction
Expanding space in receiving schools, such as reallocating portable classrooms within the district
Redrawing the district’s attendance zones if insufficient capacity is available within the existing zones within which students would ordinarily select schools
Creating satellite divisions of receiving schools, that is, classrooms that are under the supervision of the receiving school principal and whose teachers are part of the school faculty but that exist in neighboring buildings
Creating new distinct schools with separate faculty within the physical sites of schools identified for improvement
Encouraging the creation of new charter schools within the district
Developing distance learning programs or entering into cooperative agreements with virtual schools
Reshaping long-range capital construction and renovation plans in order to ensure that schools most likely to receive new students have additional space
Modifying either the school calendar or the school day such as double sessions in order to expand capacity
Easing capacity by initiating inter-district choice programs with neighboring districts or by establishing programs through which local private schools can absorb some of the district’s students.

8. What is the 20 percent funding rule?
Districts must spend an amount equal to 20 percent of its Title I, Part A allocation on:

Choice-related transportation
Supplemental educational services

Districts are required to spend five percent on choice with transportation, five percent on supplemental services, and the remaining ten percent on either of the two choices to meet the demands as determined by the school district.

A district is required to use an amount equal to 20 percent of its Title I funds. Districts may set aside funding from allowable federal, state, local, and private resources to pay for the transportation or supplemental education services including Title II and Title V, Part A funds.

9. What is a holding pattern?

A school is considered in a holding pattern when after being identified as a school in need of improvement, the Title I school makes AYP the following year after initial identification. In this case, the school delays offering the next level of consequences, but must continue to offer the same option(s) as in the previous year until it has made AYP for two consecutive years. For example, a school that was in its first year identified as in need of improvement, and then makes AYP the following year, will be considered to be in a holding pattern and must continue to offer public school choice with transportation. If the school fails to make AYP the next year, it must offer the second year of choice consequences. After making AYP for two consecutive years, a Title I school will exit improvement status and will no longer be required to offer any choice options.

YEAR	CONSEQUENCES
Year 1 Not Making AYP	No Consequences
Year 2 Not Making AYP	Must offer all students choice with transportation
Year 3 Not Making AYP	Must offer choice with transportation and state-approved supplemental educational services to eligible students
Year 4 Not Making AYP	Must offer choice with transportation and state-approved supplemental educational services to eligible students, and implement corrective action
Year 5 Not Making AYP	Must offer choice with transportation and state-approved supplemental educational services to eligible students and plan for restructuring

10. What is Provisional AYP?
Schools must meet 39 criteria to achieve adequate yearly progress. If one of the 39 criteria is not met, the school is reported as not making adequate yearly progress under the federal accountability plan. If a school does not meet all 39 criteria but is high performing, or receives an A or B school grade under the A+ Plan, the school is designated with a “provisional” AYP. These schools are reported as not meeting AYP and are subject to the same regulations as other schools not making AYP.

11. When and how is the choice with transportation option reported to the Department? What is the code that indicates the Choice with Transportation option?
The data element Educational Choice - including Choice with Transportation - is collected on the Prior School Status/Student Attendance format and reported to the Department in Surveys 2, 3, and 5. Students using the Choice with Transportation option should be coded with code “C.”

12. Does the Choice with Transportation option code change from year to year?
Once a student transfers to a school based on NCLB school choice, the district should report the student with the Choice with Transportation code of the prior school year placement until the student exits the school.

13. How should a student be reported if he or she is coded with Educational Choice option “C,” transferred from a school that failed to make Adequate Yearly Progress (AYP), and the following year, the school is no longer classified as a school that failed to make AYP?
The student should continue to be coded “C” as long as the student is enrolled in the receiving school even if the original school meets the requirements for AYP.

14. What Educational Choice code would be used if a student transfers from a school that did not meet AYP to a receiving school that met AYP; however, during the next school year the same school does not meet AYP, and parents choose to have the child remain in this school?
The parents have a right to choose to have the child remain at the receiving school even if this school does not make Adequate Yearly Progress (AYP). Code “C,” Transfer from a school that failed to make AYP, should continue to be used in this situation.

15. What happens if a student exercises their option to transfer to another school and in subsequent years the receiver school becomes identified as in need of improvement?
If a receiving school becomes identified as a school in need of improvement then this school is no longer eligible as a school choice transfer option and would be required to offer to all students enrolled in the school the option to transfer to an eligible school. Students who transferred to such a school through choice with transportation must be given the same opportunity to transfer again to a higher performing school as all other students enrolled in the school. Parents may choose to have their child remain at this original receiver school; however the district is no longer obligated to provide transportation.

16. May a district follow current district policies related to revoking choice for excessive tardiness, absences, or discipline referrals?
Yes. The district should implement the same policy and procedures as it would for any other student that has transferred to a choice school. For example, if a district’s procedure includes reassigning a student back to their home school from a magnet school or out-of-zone school due to disciplinary issues or absences; the district may implement the same practice for students that have transferred through CWT. The district’s policy should include fair warning procedures to inform parents of the school’s concerns and let the parents know what the consequences may be if the infractions continue.

Supplemental Educational Services - General

1. What are supplemental educational services?
According to the No Child Left Behind (NCLB) Act, supplemental educational services are free tutoring and other supplemental academic enrichment services that are in addition to instruction provided during the school day. These services must be of high quality, research based, and specifically designed to increase a student‘s academic achievement on the state’s academic assessments toward proficiency in meeting the state’s achievement standards.

2. Why are supplemental educational services important?

Supplemental educational services provide low-income families the opportunity to choose free tutoring services for their children. The program offers children who may be struggling in school an opportunity to obtain extra academic help and individual instruction to be successful.

Studies suggest that academically-based programs offered outside the school day can help students improve their achievement and work habits. Tutoring can help children improve achievement by building on the learning that takes place during the school day. Students at risk of academic failure have the most to gain from tutoring programs. Some of these students may not be successful in traditional classrooms and may be able to learn in different ways through tutoring. By helping individual students improve, supplemental educational services support teachers’ and principals’ efforts to improve their schools.

3. Which schools must offer supplemental educational services or free tutoring?
Title I public schools that fail to meet adequate yearly progress toward meeting state academic standards for three or more consecutive years must offer supplemental educational services to eligible students.

4. What is adequate yearly progress (AYP)?
Through statewide testing, adequate yearly progress measures the yearly progress of different groups of students at the school, district, and state levels against a yearly target in reading and mathematics.

5. Who is eligible to receive supplemental services?
Eligible students are all students from low-income families who attend Title I schools that are in their second year of school improvement, corrective action, or restructuring. If funds are insufficient to provide services to each eligible student whose parents request services, priority must be given to providing services to the lowest-achieving eligible students. School districts must use objective criteria to determine the lowest-achieving students. For example, the school district might focus services on the lowest-achieving eligible students in the subject area (reading or mathematics) that caused the school to be identified as in need of improvement.

6. Who pays for supplemental educational services?
Supplemental educational services are free tutoring services for eligible students paid for by the school district. A school district must spend an amount equal to 20% of its Title I, Part A funds on public school choice options for parents. An amount equal to 5% of its Title I allocation must be spent to pay for choice with transportation; an amount equal to 5% of its allocation must be spent for supplemental educational services; and an amount equal to the remaining 10% must be spent on choice with transportation, supplemental educational services, or both, as determined by the school district.

7. How long must supplemental educational services be offered to students?
The school district must provide supplemental educational services to students until the end of the school year in which such services were first received The district is required to offer services to eligible students on an annual basis until the Title I school in which the student is enrolled makes adequate yearly progress for two consecutive years.

Supplemental Educational Services - Parents

1. What are supplemental educational services?
According to the No Child Left Behind (NCLB) Act, supplemental educational services are free tutoring and other supplemental academic enrichment services that are in addition to instruction provided during the school day. These services must be of high quality, research based, and specifically designed to increase a student‘s academic achievement toward proficiency in meeting the state’s achievement standards.

2. Why are supplemental educational services important?

3. Who is eligible to receive supplemental educational services?
Eligible students are all students from low-income families who attend Title I schools that are in their second year of school improvement, corrective action, or restructuring. If the funds are insufficient to provide supplemental educational services to all eligible students whose parents request services, priority must be given to providing services to the lowest-achieving eligible students. The school district must use objective criteria to determine the lowest-achieving students. For example, the school district might focus services on the lowest-achieving eligible students in the subject area (reading or mathematics) that caused the school to be identified as in need of improvement.

4. How do parents know if their child is eligible for school choice?
School districts are required to notify parents if their child is eligible for school choice because his or her school has been identified as in need of improvement, corrective action or restructuring. Districts must notify parents no later than the first day of the school year following the year for which their school has been identified for improvement.

5. What is a state-approved provider?
A state-approved provider of supplemental educational services is a non-profit or for-profit agency that has a demonstrated record of effectiveness in increasing student academic achievement; is capable of providing supplemental educational services that are consistent with the instructional program of the school district and the state’s academic standards; and is financially sound.

6. What are some examples of SES providers?

Many entities are eligible to apply to the state for approval to provide supplemental educational services to students including, but not limited to:

for-profit and non-profit organizations
community agencies and organizations
public, charter, and private schools
child care centers
libraries
community colleges
colleges and universities
family literacy programs
regional educational alliances
faith-based organizations

7. What is the role of parents in supplemental educational services?

Parents should be active participants in their child’s supplemental educational services program. Parents must be able to choose from among all supplemental educational service providers identified by the state to provide services in their school district. The district will provide parents with a list of state-approved providers in the district, and parents should consider the components of each provider’s program in choosing a provider that will most effectively meet the needs of their child. In addition, the district or school must assist parents in selecting a provider if such help is requested. Parents should also have an option to change or terminate services if they are not satisfied. Parents are encouraged to address their questions and concerns with their district Title I Coordinator or the Supplemental Educational Services Coordinator.

Parents, the school district, and the provider chosen by the parents must develop and identify specific academic achievement goals for the student, measures of student progress, and a timetable for improving achievement.

8. What is the role of parents in supporting student attendance at SES sessions?
Parents should ensure that their children attend the supplemental services sessions in which they are enrolled. The sessions are provided at no cost to parents so students should take advantage of the opportunity for free academic help. The provider must notify parents if their child is not attending regularly.

9. How should districts inform families of their provider choices if they choose to take advantage of free tutoring through SES?

Districts are responsible for identifying eligible students in schools that have not made adequate yearly progress for three years. Districts must notify families if their child is eligible for supplemental educational services and give information to families about local providers. The information should be easy to understand, in multiple languages, and describe the services of each provider. For example, the information should give families the following information about each provider:

Subject areas (such as reading or mathematics) and grade levels covered
Provider’s track record in raising student achievement
Qualifications of the tutoring staff
Where and when the services are offered
Provider’s ability to meet the needs of students with disabilities or who are English language learners
Provider's contact information
Type of instruction (individualized, small group, online, etc)

Districts should provide the information to the families regarding how to select a provider and include deadlines for signing up for services. If a family asks the district for assistance, the district is required to help the family choose a provider. Districts should allow families enough time to compare providers and make informed choices.

Districts and schools will provide information to parents regarding providers and the enrollment process. Districts may also consider other forms of communication to inform families about supplemental educational services such as:

District websites
Phone calls
School newsletters
TV, radio, or newspaper ads
Parent-teacher conferences to reach families
Open houses or provider fairs for families to meet providers and learn more about their services

10. Who selects the approved provider for supplemental educational services?
Parents select a provider from the state-approved list of providers. If funds are not sufficient to provide services to all eligible students whose parents request the services, the district must give priority to the lowest-achieving children.

11. Is a school district required to provide parents the list of statewide providers?
Yes. Districts must notify parents regarding all providers approved to provide services in the school district. Districts may not limit the list of available providers for parents to choose. Many districts contract with providers prior to making the list of providers available to parents to ensure that all of the providers on the list are committed to providing services in the district.

12. What factors should parents consider when choosing a provider?

Parents may want to ask the following questions when choosing a provider for their child’s supplemental educational services:

Where are the tutoring services provided?
Will transportation be provided?
When will tutoring services be provided?
How often and for how long will my child be tutored?
How many hours of tutoring services will be provided?
Will my child be tutored in a small group? One-on-one? If my child is in a group, how many students will participate in the group?
What are the qualifications of the tutoring staff?
How will my child’s individual academic needs be met?
How will the provider inform me of my child’s progress?

13. What are provider fairs?
Provider fairs are events in which many tutoring groups are available at booths or tables for parents to browse, ask questions, and make a choice. Parents are able to make informed decisions by asking questions of each provider regarding curriculum, instruction, and assessment. Parents should make every effort to participate in provider fairs to obtain information to assist them in choosing a provider that can most effectively meet the needs of their child.

14. How can parents enroll their children in supplemental educational services?
The school district will notify parents regarding their child’s eligibility to receive supplemental educational services and include information regarding the available providers. The school district will instruct parents how to apply or enroll children in the program. Enrollment may take place at a provider fair or a meeting at school.

15. Can a district set a deadline by which parents must apply for their child to participate in supplemental educational services?
Yes. Each school district may specify a deadline for parents to apply for their child to participate in supplemental educational services. The district must ensure that parents have sufficient time, information, and opportunity to make decisions related to their children. Most districts have chosen to provide parents with two to four weeks to choose a provider and submit the application and enrollment forms to the district.

16. What happens after a parent selects a supplemental service provider for his or her child?
The school district must develop, in consultation with the parents and the provider, a Parent District Provider Agreement (PDPA) that includes a statement of specific achievement goals for the student, outlines how the student’s progress will be measured, and provides a timetable for improving achievement. The PDPA must also describe how the parents and teachers of the student will be regularly informed regarding the student’s progress. The PDPA should include specific activities and services designed to meet the individual needs of students. In the case of a student with a disability, the PDPA must be consistent with the student’s individual educational plan.

17. Can parents choose to transfer their child to another public school AND obtain supplemental educational services for them?
No.

18. Can a parent switch to another provider during the school year if they are not happy with the services their child is receiving?
Yes, although some districts may only allow this to occur under certain conditions. For example, the parent might be asked to file a complaint and receive services after a new Parent District Provider Agreement is signed.

19. Can a provider use its own assessment to identity student needs for writing goals for the PDPA?
Yes, although some districts may only allow this to occur under certain conditions. For example, the parent might be asked to file a complaint and receive services after a new Parent District Provider Agreement is signed.

20. Can a provider use its own assessment to identity student needs for writing goals for the PDPA?
Yes, but the provider must verify with the district as to how and when the assessment can take place. The school district must provide data regarding the students assigned to a provider. These data will include FCAT scores for students in third through twelfth grade. The FCAT is not a diagnostic tool, and providers must use assessment/diagnostic instruments to identify students’ skill deficiencies in order to develop a PDPA that will specifically address a student’s individual academic needs.

21. Is the school district responsible for providing transportation to the service provider?
No. School districts are not required to provide transportation to or from supplemental educational services. Services may be provided in a student's school or at another location.

22. When does the provider offer services?
Supplemental educational services must be provided outside of the regular school day. Most students participate in supplemental educational services after school. Students could also participate in these services before school, on weekends, or during the summer.

23. How long should supplemental educational services be provided to eligible students?
The school district must provide supplemental educational services to eligible students until the end of the school year in which such services were first received or until the per-pupil allocation is expended for that student. The school district is required to make supplemental educational services available to eligible students on an annual basis until the Title I school in which the student is enrolled makes adequate yearly progress for two consecutive years.

24. Is there a limit on the number of members in a family who can receive the supplemental services?
No. All low-income children in a low-performing Title I school are eligible to receive services. If the district determines that funds are not sufficient to provide services to all eligible students whose parents request services, the district must prioritize the services to the students with the greatest academic need.

25. Are students with disabilities or limited English proficient students eligible to receive supplemental educational services?
Eligible students with disabilities and eligible limited English proficient students must be offered supplemental educational services.

26. How are students grouped during tutoring?
Providers offer different types of instruction. Some providers tutor small groups of students at a time, while others offer one-on-one instruction or teach through computer programs. Other programs may use a combination of these approaches. Parents should choose a provider that offers instruction in a way that will work best for their child.

27. What are the responsibilities of the school district in providing options to parents of students with disabilities and students covered under Section 504?
School districts must ensure that eligible students with disabilities and students covered under Section 504 participate in supplemental educational services if their parents choose for them to do so. The supplemental educational services program within the district may not discriminate against these students. A school district may not, through contractual or other arrangements with a private provider, discriminate against an eligible student with a disability or an eligible student covered under Section 504 by failing to provide appropriate supplemental educational services with necessary accommodations. Such services and necessary accommodations must be available, but not necessarily from each provider approved to provide services in the district. If no provider is able to make the services with necessary accommodations available to an eligible student with a disability, the district must provide the services with necessary accommodations either directly or through a contract.

28. What are the responsibilities of the school district in providing options to parents of students with limited English proficiency?
School districts must ensure that eligible students with limited English proficiency participate in supplemental educational services if their parents choose for them to do so. The supplemental educational services program within the district may not discriminate against these students. If no provider is able to provide such services, including necessary language assistance, to an eligible student with limited English proficiency, the district must provide the services with necessary accommodations either directly or through a contract.

Supplemental Educational Services - Provider

1. What are supplemental educational services?
According to the No Child Left Behind (NCLB) Act, supplemental educational services are tutoring, remediation, and other supplemental academic enrichment services that are in addition to instruction provided during the school day. Services must be of high quality, research based, and specifically designed to increase a student‘s academic achievement on the state’s academic assessments toward proficiency in meeting the state’s achievement standards. These services may include academic assistance such as tutoring, remediation, and other educational interventions provided for low-achieving students.

2. Why are supplemental educational services important?

3. Who is eligible to receive supplemental services?
Eligible students are all students from low-income families who attend Title I schools that are in their second year of school improvement, corrective action, or restructuring. If funds are insufficient to provide services to each eligible student whose parents request services, priority must be given to providing services to the lowest-achieving eligible students. For example, the school district might focus services on the lowest-achieving eligible students in the subject area (reading or mathematics) that caused the school to be identified for Title I School Improvement.

4. What is a state-approved provider?

A state-approved supplemental educational service provider may be a non-profit or for-profit entity or school district that meets the state’s criteria for approval:

Has a demonstrated record of effectiveness in increasing student academic achievement
Is capable of providing supplemental educational services that are consistent with the instructional program of the school district and the state’s academic standards
Is financially sound

5. What does it mean to have a demonstrated record of effectiveness in increasing student academic achievement?
An applicant must be able to provide specific quantitative and qualitative evidence that the proposed program has accelerated the academic achievement in reading/language arts and/or mathematics of identified Title I students, at-risk students, students with disabilities, students covered under Section 504, and students with limited English proficiency. The applicant should be able to demonstrate that the proposed program has a positive impact on students’ achievement as demonstrated through a state, local school system, or other independent, valid, and reliable performance assessment, particularly for low-income underachieving students.

6. How can an applicant demonstrate the capacity for providing supplemental educational services that are consistent with the instructional program of the school district and the state’s academic standards?
The applicant must be prepared to describe the proposed approach or model of instruction and how the approach or model of instruction will ensure student achievement. The application must describe the capacity to provide services that are consistent with the instructional program of the local school district and with Florida’s Sunshine State Standards. Instructional content and methods must be designed to help studens achieve proficiency in meeting state achievement standards. The applicant must be able to reflect the specific state standards in reading/ language arts and mathematics to be addressed in the program. For example: Reading standards should include phonemic awareness, phonics, vocabulary development, reading fluency, and reading comprehension strategies. Mathematics standards should include number sense, measurement, geometry and spatial sense, algebraic thinking, and data analysis and probability. For information on Florida’s Sunshine State Standards, please see http://www.firn.edu/doe/curric/prek12/index.html.

7. How can an applicant demonstrate financial soundness?

Applicants will be required to provide evidence of financial soundness. Evidence may include, but not be limited to, the following documents:

Copy of applicant’s liability insurance
Copy of the organization’s most recent tax return or other evidence of fiscal soundness such as annual financial statements, fiscal audits, financial letters of credit, Dunn & Bradstreet reports, or profit/loss statements
Evidence that the applicant is legally qualified to do business in Florida such as a certificate from the Division of Corporations
Verification of business status or non-profit status. For example, Internal Revenue Service letter with FEIN or certificate issued by government
Signed statement that the organization has not been suspended or disbarred from receiving federal funding from the head of the organization

8. What entities can serve as supplemental educational service providers?
Providers may include non-profit entities, for-profit entities, local educational agencies, public schools, public charter schools, private schools, public or private institutions of higher education, community agencies, child care centers serving school-age students, libraries, on-line schools, family literacy programs/even start programs, educational service centers, regional professional development centers, and faith-based organizations. All providers must meet the same identification criteria and must undergo the same selection process.

9. Can a school or a school district apply to become a state-approved provider?
Yes. A school or a school district is eligible to apply to become a state-approved supplemental educational provider. A school or school district that has been identified as in need of improvement, corrective action, or restructuring is not eligible to apply to become a supplemental educational service provider. A school that is making adequately yearly progress within a school district identified as in need of improvement, corrective action, or restructuring is eligible to apply for approval to provide supplemental educational services.

10. What entities are not eligible to apply to become a state-approved provider?

The following entities or organizations are not eligible to apply to become a state-approved provider:

Public schools that have been identified as in need of improvement, corrective action, or restructuring
School districts that have been identified as in need of improvement, corrective action, or restructuring

11. How are providers selected for approval by the department?

The department annually notifies potential providers and approves providers of SES through a Request for Applications (RFA) in which potential providers submit an application on-line.

A committee of state and school district educational administrators, program specialists, and instructors familiar in the selection of applications and with the NCLB, Title I, Part A provisions and in SES instruction and delivery of services will review each application and make recommendations for the approval of providers of SES for upcoming school year. Selection will be based on accurate completion of requested information and data, compliance with all provider eligibility requirements, and agreement with assurances set forth in the RFA document. Successful applications are those that obtain at least 70 points out of the maximum 100 points for the application narrative.

12. What is required of supplemental educational service providers?

A provider is responsible for meeting the terms of its agreement with the district. According to the USDOE Non-regulatory Guidance, a state-approved supplemental educational service provider must:

Enable the student to attain his or her specific achievement goals (as established by the district, in consultation with the student’s parents and the provider) [Section 1116(e)(3)(A)]
Measure the student’s progress, and regularly informing the student’s parents and teachers of that progress [Section 1116(e)(3)(A) and (B)]
Adhere to the timetable for improving the student’s achievement that is developed by the district in consultation with the student’s parents and the provider [Section 1116(e)(3)(A)]
Ensure that it does not disclose to the public the identity of any student eligible for or receiving supplemental educational services without the written permission of the student’s parents [Section 1116(e)(3)(E)]
Provide supplemental educational services consistent with applicable health, safety, and civil rights laws [Section 1116(e)(5)(C)]
Provide supplemental educational services that are secular, neutral, and nonideological [Section 1116(e)(5)(D)]

In the case of a student with a disability, the achievement goals, measurement and reporting of progress, and timetable described above must be consistent with, although not necessarily included in, the student’s individualized education program under Section 614(d) of the IDEA. In the case of a student covered by Section 504, they must be consistent with, although not necessarily included in, the student’s individualized services under Section 504.

In summary, it is the provider’s responsibility is to:

enter into a contract with the school district prior to delivering SES
provide parents with information on the progress of their children
provide parents with information on the progress of their children
ensure that instruction and content used are consistent with the school district and the Florida Sunshine State Standards
meet all applicable federal, state and local health, safety, and civil rights laws
ensure that all instruction and content are secular, neutral and non-ideological
ensure all employees who interact with students have undergone background checks
develop an agreement in consultation with the school district and student’s parents that outlines goals for student achievement, describes requirements for reporting progress to parents and teachers, and sets timelines for completion
protect the privacy of students eligible for, or receiving, supplemental educational services

13. Is the school district required to notify parents about the availability of supplemental educational services?
Yes. Each school district must notify parents annually that their children are eligible for supplemental educational services. The notification must be understandable and, where practicable, in the parent’s language. The notice must inform parents of their children’s eligibility, and provide a list of approved providers within the district with a brief description of the services, qualifications and demonstrated effectiveness of such providers. Districts must also help parents select a supplemental educational service provider if the parents request such assistance.

14. Is a district required to provide parents the list of providers?
Yes. Districts must notify parents regarding all of the providers approved to provide services in the school district. Districts may not limit the available providers for parents to choose. Many districts contract with providers prior to making the list available to parents to ensure that all of the providers on the list are committed to providing services in the district.

15. Can a district set a deadline by which parents must apply for their child to participate in supplemental educational services?
Yes. Each district may specify a deadline for parents to apply for their child to participate in supplemental educational services. Most districts have chosen to provide parents with two to four weeks to choose a provider and submit the application/enrollment forms to the districts. Districts must provide parents with a reasonable amount of time to study the provider options and make an informed decision.

16. Who selects the approved SES provider for eligible students?
Parents select a provider from an approved list of providers. If funds are not sufficient to provide services to all eligible students whose parents request the services, the district must give priority to the lowest-achieving children.

17. What happens after a parent selects a supplemental service provider for his or her child?
The school district must develop, in consultation with the parents and the provider, a Parent District Provider Agreement (PDPA) that includes a statement of specific achievement goals for the student, how the student’s progress will be measured, and a timetable for improving achievement. The PDPA must also describe how the provider will regularly inform parents and teachers regarding the student’s progress. The PDPA should include specific activities and services designed to meet the individual needs of students. In the case of a student with a disability, the PDPA must be consistent with the student’s individual educational plan.

18. Who is responsible for reporting students’ progress to the students’ parents and teachers?
NCLB requires that each provider must regularly inform each student’s parents and the student’s teachers regarding the student’s progress toward meeting the specific achievement goals for the student. The progress reports should be regularly scheduled in each student’s PDPA. Reports to parents must be in an understandable format. The provider is responsible for evaluating, monitoring, and tracking each student’s progress on a regular basis. The intent of this requirement is to ensure that students are improving their academic achievement and that instructional goals are being met.

19. Is a school district responsible for providing transportation to the service provider?
No. School districts are not required to provide transportation to or from supplemental educational services. Services may be provided in a student's school or at another location. A school district may enter into an agreement with a provider for transportation services. If a school district pays for transportation to service providers, the transportation costs may not be used to satisfy federal minimum expenditure requirements.

20. What if a student does not regularly attend tutoring sessions?
The provider must notify parents if their child is not attending regularly. Supplemental educational services can only be effective if the student regularly participates in the tutoring sessions. The provider must collaborate with the student’s school and his or her parents to ensure that students take full advantage of the opportunity to receive the supplemental services.

21. How long should supplemental educational services be provided to eligible students?
The school district must continue to provide supplemental educational services to a student receiving such services until the end of the school year in which such services were first received or until the per-pupil allocation is expended for that student. The school district is required to make supplemental educational services available to eligible students on an annual basis until the Title I school in which the student is enrolled makes adequate yearly progress for two consecutive years.

22. Can a parent switch to another provider during the school year if they are not happy with the services their child is receiving?
Yes, although some districts may only allow this to occur under certain conditions. For example, the parent might be asked to file a complaint and choose another provider. Students would then be able to receive services after a new Parent District Provider Agreement is signed.

23. Who coordinates supplemental educational services at the local level?
Each district school superintendent has designated staff to coordinate and manage the implementation of NCLB school choice options in the district. In addition, many districts have hired part time staff to coordinate the services at the school level. The part time coordinator may be a current school district employee, such as a teacher or administrator that is responsible for coordinating services at the school site.

24. Are providers required to serve students with disabilities?
States and school districts must ensure that eligible students with disabilities and students covered under Section 504 receive appropriate educational services and accommodations. These services must be consistent with each student’s individual education plan (IEP) under IDEA, or a student’s 504 plan. Such services and necessary accommodations must be available, but not necessarily from each provider. If no provider is available to serve an eligible student with a disability, the district must provide these services with necessary accommodations either directly or through contracted services.

25. Are providers required to serve students with limited English proficiency?
States and school districts must ensure that eligible students with limited English proficiency receive services. These services must be available, but not necessarily from each provider. If no provider is available to serve an eligible student with limited English proficiency, the district must provide these services either directly or through contracted services.

26. How much must a school district spend on supplemental educational services?
A school district must spend an amount equal to 20% of its Title I, Part A funds on public school choice options for parents. An amount equal to 5% of its Title I allocation must be spent to pay for choice with transportation; an amount equal to 5% of its Title I allocation must be spent for supplemental educational services; and an amount equal to the remaining 10% must be spent on choice with transportation, supplemental educational services, or both, as determined by the school district.

27. How is the 20% set aside to be allocated for public school choice options?

As provided in the Title I Regulations, an amount equal to 20 % of the total district allocation, including transfers and before any other reservations are made, must be reserved for the two choice options, unless a lesser amount is needed. Further, the regulations provide that a school district must spend at least 5% of the total allocation on choice with transportation, 5% on state-approved supplemental educational services, and the remaining 10% on one or both options, dependent upon demand. The set-aside funds may not be used for administrative costs associated with either choice with transportation or supplemental educational services and may not be used for transportation for supplemental educational services.

If the demand or actual cost of implementing the options with fidelity is less than the amount reserved, and the district can document that it has implemented the requirements for providing the two choice options, the remaining funds may be released for reallocation. Prior to the department’s release of these funds for reallocation the district must document that it has fully met the demand for choice with transportation and state-approved supplemental educational services. This documentation must be maintained at the district office and presented to the department upon request.

28. How much money can be spent per pupil?
The district can spend the lesser of the per-pupil Title I allocation or the actual costs of providing the supplemental educational services.

29. What should a prospective applicant consider in calculating a rate for services?

Expenses that the approved provider incurs in the provision of supplemental educational services must be accounted for in the stated rate per student, per hour of instruction, and for each type of instruction. The rate submitted in the approved application will be used by all school districts in which the provider is approved to provide services to develop the contract between the district and the provider. Prospective applicants should consider the following when calculating a rate for services:

tutor/student ratio
variation in per-student allocations among school districts in the state
variation in the cost of doing business among school districts in the state
number of instructional hours
qualifications and therefore cost of the tutoring staff
cost of personnel expenses
cost of instructional materials and equipment such as books, computers, and manipulatives
amount of rent charged by the school district and other landlords, including variations throughout the state
cost for transportation, if providing transportation
cost of developing the Parent District Provider Agreements, including all assessment and evaluation costs that preclude any tutoring services
school district’s payment policies regarding attendance and missed sessions
employee criminal background checks
cost of liability insurance
administrative expenses

30. Will providers that serve multiple districts be able to vary their fees for services, as some districts will have more money available than others?
Applicants are required to identify the rate for their services on the application to become state-approved providers. All contracts between school districts and providers must be consistent with the rate in the approved application.

31. What are district policies related to the use of school facilities by supplemental educational services providers?
School districts’ policies vary around the state and the use of facilities must be negotiated at the local level. However, if the district charges fees to providers for the use of school facilities, they must be consistent with fees charged to other community groups.

32. Who sets the exact hourly rate to be paid to providers? May this rate vary from provider to provider?
The department establishes a range for the hourly rates that a provider may be paid. The final hourly rate that a provider may charge must be consistent with the rate in the approved application. Rates will vary from provider to provider based on such considerations as cost of employing staff, delivery model of tutoring sessions, instructional materials, leasing of facilities, and assessment instruments.

33. How are providers paid?
Providers will be paid from district business offices. The exact procedures for submitting invoices or other paperwork to receive payment for services will vary across the state. Student attendance is an important consideration in the invoice and billing process. Districts will only pay for the actual hours of instruction delivered to students. Therefore, accurate recordkeeping of attendance and all billing practices are critical to the process. It is recommended that these issues be addressed in the contract between the district and provider.

34. What is the “way of work” between an approved provider and the school district?

NCLB requires each school district to enter into an agreement or contract with each provider approved to provide services in the district. The contract must:

address the development and implementation of the Parent District Provider Agreement (PDPA)
provide for the termination of the agreement if the provider is unable to meet goals and timetables
contain provisions for payments to the provider by the school district
prohibit the provider from disclosing any student identifiable information

The contract should also address student attendance/absences, policies relative to the use of school facilities by providers, and policies and procedures regarding ensure background checks and fingerprints for all provider employees who will have direct contact with students. The contract must be consistent with the information in the provider’s approved application.

35. How will school districts find out which providers are approved to serve eligible students in their districts?
The Florida Department of Education is responsible for reviewing and approving applications for providers to provide supplemental educational services in the state. The department will notify approved providers and school districts and post a list of the state-approved providers on the department’s website prior to the beginning of the school year.

36. When should districts begin communicating with providers?
District staff should contact providers approved to provide services in their district as soon as the state-approved provider list is released. Generally, the department notifies all school districts regarding the AYP designation for all schools by mid-June of each year. This notification will identify the Title I schools identified as in need of improvement, corrective action, or restructuring. District staff may wish to contact providers approved to provide supplemental educational services in their district as soon as possible following the release of the approved provider list and the adequate yearly progress status of Title I schools to begin negotiating the contracts between the district and providers.

37. Can the school district determine timelines for providers to sign the contract with the district and begin services to students?
Yes. School districts have the authority to set timelines that providers are required to meet, such as signing contracts, completing background checks, and submitting invoices and other reports. Timelines must be reasonable. If a provider is unable to meet the timelines, the district has the authority to reassign students to another provider based on parents’ second or third choices. Districts also have the authority to require providers to begin providing services to students within a specified reasonable time following the signed contract or the students assigned to the provider will be reassigned to another provider.

38. What restrictions are placed on providers for marketing and recruiting students?

Districts need to promote supplemental educational services to their eligible schools and families, while providers may need to market their specific services to schools and parents. The department strongly encourages school districts and providers to coordinate their efforts through such activities as Provider Fairs, information packets, backpack mailings, and media packets to ensure that parents have information to make informed decisions that best meet the needs of their children.

The use of incentives to enroll with certain providers is restricted. The department encourages providers to follow the Code of Professional Conduct and Business Ethics for Supplemental Educational Services Providers adopted by the Education Industry Association in marketing their services in Florida school districts.

39. What can providers expect by participating in district provider fairs or meetings?
Districts may invite providers to participate and display materials at a provider fair in which many other tutoring groups will be available. Generally, provider fairs are events in which many tutoring groups are available at booths or tables for parents to browse, ask questions, and choose a provider for their child.

40. Could the provider fair be set up for providers to recruit students from many schools in a district?
Yes. Some districts have used fairs for providers to recruit students from feeder- pattern schools. Coordinating provider fairs for feeder-pattern schools may create a more family-friendly situation by providing parents with the opportunity to interview providers that could provide services to several children in the same family that are attending different schools within the feeder pattern. Combining fairs for feeder-pattern schools may also simplify the provider fairs process for district planners by reducing the number of fairs that need to be held by the district.

41. What other ways might providers market their program in districts?
Providers can create materials to leave with students and families that convey what is unique about their program in a language that is easy for them to understand. In addition to providing these materials to schools and districts, providers may want to consider placing materials where families commonly go, such as community centers, places of worship, grocery stores, beauty salons.

42. What happens after a parent selects a supplemental educational services provider for his or her child?
The school district must develop, in consultation with the parents and the provider, a Parent District Provider Agreement (PDPA) that includes a statement of specific achievement goals for the student, how the student’s progress will be measured, and a timetable for improving achievement. The PDPA must also describe how the provider will regularly inform parents and teachers regarding the student’s progress. The PDPA should include specific activities and services designed to meet the individual needs of students. In the case of a student with a disability, the PDPA must be consistent with the student’s individual educational plan or 504 plan.

43. Can a provider use its own assessment to identify student needs for writing goals for the PDPA?
Yes, but the provider must verify with the district as to how and when the assessment can take place. The school district must provide student data regarding the students assigned to a provider. These data will include FCAT scores for students in third through twelfth grade. The FCAT is not a diagnostic tool, and providers must use assessment/diagnostic instruments to identify students’ skill deficiencies in order to develop a PDPA that will specifically address a student’s individual academic needs.

44. What are the contractual obligations of providers to a district to continue services if their students achieve the goals originally agreed to in the PDPA?
According to federal guidelines, a provider must continue to provide supplemental educational services to eligible students who are receiving such services until the end of the school year in which such services were first received. Beyond that, district and provider contracts should specify the conditions for continuation of services.

45. How are providers of supplemental educational services held accountable?
States must develop and apply objective criteria for evaluating providers and monitoring the quality of services that they offer. In addition, supplemental educational service providers must give parents, as well as the school, information regarding their students’ progress.

46. How will the public know if supplemental service providers are effective?
SES providers must be able to show how their program has helped students. Each state has to define how it will monitor the quality and effectiveness of the supplemental services offered by providers. If a provider fails for two consecutive years to contribute to increasing the academic achievement of the students it serves, the state must remove it from the state-approved provider list. The department is responsible for publicly reporting the results of the evaluation on the department website.

47. What is the role of the state in monitoring and evaluation?
The Florida Department of Education is responsible for monitoring and evaluating NCLB public school choice for school districts and providers, which includes choice with transportation and supplemental educational services. The department is also responsible for publicly reporting the results of the evaluation for removing any provider that fails for two consecutive years to contribute to the academic achievement of students. The department has designed a plan to evaluate the effectiveness of providers based on student learning gains.

48. How will providers be evaluated?
A formal evaluation will be conducted by the Florida Department of Education of each provider to measure students’ progress in reading/language arts and mathematics. Effective providers must show significant academic progress with most of the students who received the services. Academic progress will be determined based on student learning gains on assessments identified by the state. Learning gains for students in fourth through tenth grade will be determined using student learning gains on the FCAT. The state will identify a state assessment instrument to be used to determine student learning gains for students in kindergarten through third grade at no cost to the provider. Any provider that fails for two consecutive years to increase student achievement will be removed from the state-approved list. Evaluation results regarding the quality and effectiveness of provided services will be publicly reported.

49. Can providers be removed from the state-approved list?
Yes. The department must remove a provider from the approved list if the provider fails for two consecutive years to contribute to increasing the academic proficiency of their assigned students. Also, the department has the discretion to immediately remove a provider from the approved list if the provider fails to meet provider eligibility requirements, provider responsibilities, general and internet assurances, or for other good cause such as refusing to deliver services to school districts in which the provider is approved by the state.

50. What is the role of districts in the monitoring process?
Districts will be asked to complete self evaluation monitoring work papers that will be based on and aligned to the Title I law and USDE guidance. Selected districts will be asked to submit verification documents to support their self-evaluation to the department for a Desktop Verification and in-depth review.

51. What will providers have to do as part of the monitoring process?
All state-approved providers will be required to conduct a self-evaluation and submit a report to the department. A select number of providers will be requested to submit verification work papers as well as participate in a department onsite-monitoring visit. Providers will be monitored against their approved applications. This monitoring will check to see if the instruction and assessments being used are consistent with the content and skills in Florida’s Sunshine State Standards. If any findings occur from the site visit, the provider will be expected to develop a Systems Improvement Plan.

Supplemental Educational Services - School Districts

3. What role do district policymakers play in SES?

District superintendents and administrators play a crucial role by:

notifying eligible families regarding supplemental educational services and about local provider options
entering into contracts with providers selected by families
paying providers
working with providers to set achievement goals for students
encouraging local organizations to apply to be supplemental educational services providers
helping the state monitor the performance of providers

4. Who is eligible to receive supplemental services?

5. What is a state-approved provider?

6. How are providers selected for approval by the department?

The department annually notifies potential providers and approves providers of supplemental educational services through a Request for Applications (RFA) in which potential providers submit an online application.

A committee of state and school district educational administrators, program specialists, and instructors familiar in the selection of applications and with the NCLB, Title I, Part A provisions and in supplemental educational services instruction and delivery of services will review each application and make recommendations for the approval of providers of supplemental educational services for upcoming school year. Selection will be based on accurate completion of requested information and data, compliance with all provider eligibility requirements, and agreement with assurances set forth in the RFA document. Successful applications are those that obtain at least 70 points out of the maximum 100 points for the application narrative.

7. Is the school district required to notify parents about the availability of supplemental educational services?

http://info.fldoe.org/docushare/dsweb/Get/Document-4362/k12-08-58memo.pdf

8. Is a district required to provide parents the list of providers?

9. Can a district set a deadline by which parents must apply for their child to participate in supplemental educational services?

10. Who selects the approved provider for supplemental educational services?

11. What happens after a parent selects a supplemental service provider for his or her child?

12. Does the law apply to charter schools?

13. Is the school district responsible for providing transportation to the service provider?

14. Are there any circumstances under which a district would not have to provide supplemental educational services to eligible students?

15. How long should supplemental educational services be provided to eligible students?

16. Can a parent switch to another provider during the school year if they are not happy with the services their child is receiving?

17. Can parents choose to transfer their child to another public school AND obtain supplemental educational services for them?

18. Who coordinates supplemental educational services at the local level?

19. How much must a school district spend on supplemental educational services?

20. Must all of the funding for supplemental services come from Title I funds?

21. In addition to Title I, what other federal funds may be used to pay for supplemental services?

22. How is the 20% set aside to be allocated for public school choice options?

As provided in the Title I Regulations, an amount equal to 20% of the total district allocation, including transfers and before any other reservations are made, must be used for the two choice options, unless a lesser amount is needed. Further, the regulations provide that a school district must spend at least 5% of the total allocation on choice with transportation, 5% on state-approved supplemental educational services, and the remaining 10% on one or both options, dependent upon demand. The set-aside funds may not be used for administrative costs associated with either choice with transportation or supplemental educational services and may not be used for transportation for supplemental educational services.

23. How much money can be spent per pupil?

24. How will school districts find out which providers are approved to serve eligible students in their districts?

25. Is there a list of providers identified as statewide providers that might serve rural counties?

http://www.fldoe.org/flbpso/nclbchoice/ses/ses_contactinfo.asp

26. When should districts begin communicating with providers?

27. Can the school district determine timelines for providers to sign the contract with the district and begin services to students?

28. Will providers that serve multiple districts be able to vary their fees for services, as some districts will have more money available than others?

29. What are district policies related to the use of school facilities by supplemental educational services providers?

30. Who sets the exact hourly rate to be paid to providers? May this rate vary from provider to provider?

31. How are providers paid?

32. What restrictions are placed on providers for marketing and recruiting students?

The use of incentives to enroll with certain providers is restricted. Providers may wish to follow the Code of Professional Conduct and Business Ethics for Supplemental Educational Services Providers adopted by the Education Industry Association in marketing their services in Florida school districts.

33. What can providers expect by participating in district provider fairs or meetings?

34. Could the provider fair be set up for providers to recruit students from many schools in a district?

35. What other ways might providers market their program in districts?

36. What happens after a parent selects a supplemental educational services provider for his or her child?

37. Can a provider use its own assessment to identify student needs for writing goals for the PDPA?

38. What are the contractual obligations of providers to a school district to continue services if their students achieve the goals originally agreed to in the PDPA?

39. What is required of providers in reporting student progress to parents and the student’s school and district?

40. What if a student does not regularly attend tutoring sessions?

41. How are providers of supplemental educational services held accountable?

42. How will the public know if supplemental service providers are effective?

Program providers must be able to show how their program has helped students. The state must use objective criteria to review and approve providers for inclusion on the state list to ensure that instruction is consistent with the instruction, content, and standards used by the district and the state.

If a provider fails for two consecutive years to contribute to increasing the academic achievement of the students it serves, the state must remove it from the state-approved provider list.

43. What is the role of the state in monitoring and evaluation?

44. What is the role of districts in the monitoring process?

45. What will providers have to do as part of the monitoring process?

46. Does a district have to provide choice with transportation services to students whose parents chose for them to attend another school during the school year or can the district require them to attend the school within their attendance zone for summer school programs?

47. Can a provider round to the nearest half hour for total hours of tutoring for students within the district’s per pupil allocation?

48. Can teachers or paraprofessionals (aides) provide tutoring services to students with whom they work during the instructional day?

According to USDE, the Federal statute or regulations do not prohibit teachers or paraprofessionals from being hired by private providers, or by the district, if the district is an approved provider and not in improvement status, to provide tutoring to their own students.

However, consideration should be given to the issue that if a student is not being successful with a teacher during the regular school day, he or she may not be successful with that same teacher during an after school tutoring session. It may be in the best interest of the student to work with another teacher in the afternoon that may use different instructional styles, methods, and strategies that could enhance the student's ability to succeed. But, as you see from the USDE staff, there is not federal law or regs that prohibit a teacher from providing tutoring to his or her own students - and by extension this would