Florida schools flouting feds?

Tutors mandated by No Child Left Behind are supposed to be from the private sector, but some districts are trying to get around that.

When it comes to who should tutor struggling students, the intent of the federal No Child Left Behind Act is clear: If public schools and school districts aren't making progress, give the private sector a chance.

But in Florida, the state Department of Education is allowing several school districts, including Hillsborough's, to offer tutoring services anyway.

The state's position worries some private providers, who fear a pinch on business.

It also has drawn a federal rebuke.

"The state cannot waive our regs on its own," Jo Ann Webb, a spokeswoman for the U.S. Department of Education, wrote in an e-mail to the St. Petersburg Times .

State education officials say they recently asked the federal agency for guidance. And if the feds say "it's not appropriate ... then we'll make a change," said Virginia Gentles, who heads the Education Department's choice office.

The concern comes as federally mandated tutoring is rapidly escalating in Florida.

No Child requires high-poverty schools that fail to meet federal standards three years in a row to offer free tutoring. This year, hundreds of Florida schools fell into that category, making up to 370,000 students eligible for help, and turning the Sunshine State into one of the biggest components of a federally fueled, $2.5-billion tutoring market.

No Child doesn't exclude public schools and school districts from participating as tutoring providers. But they're barred unless they meet federal standards - criteria that exclude 62 percent of Florida schools and all but two of Florida's 67 districts.

After a monthslong tug of war, Education Secretary Margaret Spellings recently gave the Chicago school district a waiver to provide tutoring. But no such waivers have been awarded in Florida.

Yet a handful of districts here are gearing up.

In Hillsborough, the district's adult and community education department is a state-approved tutoring provider. In Suwannee County, the district's post-secondary vo-tech center is a provider. In Brevard County, No Child tutoring will be run through the district's afterschool child care program.

The districts' argument: We're not offering services; entities within the district are.

"I'm outside the realm of the district. I'm in a gray area," said Dianne Westcott, principal of the Suwannee Hamilton Technical Center, which is operated by the Suwannee school district.

Gentles said the state viewed the providers in question as "very distinct organizations focused on serving a different population" than K-12 students - and which did not contribute to a district's failure to meet federal standards. Some Florida districts, such as Miami-Dade, wanted to be providers but were deemed unacceptable, she said.

Asked in a followup e-mail whether the districts' position was valid, Webb wrote, "I have given you our response." She declined to say whether federal officials were pursuing the matter.

Industry officials are concerned.

The state Department of Education and Florida school districts appear to be "looking for ways to subvert the intention of the law," said Steve Pines, executive director of the Education Industry Association.

Some observers consider Florida's position surprising, given the public support state political leaders have given No Child and Florida's strong push for school choice and private school vouchers. On the other hand, Education Commissioner John Winn has expressed concern about which students are targeted for tutoring. And the issue was on the negotiating table last summer when the state tried, unsuccessfully, to shield hundreds of schools from the full brunt of No Child sanctions.

Some tutoring companies find themselves in an awkward position.

The companies are approved by the state but must sign contracts with districts. Several providers in Hillsborough declined comment, with one citing fears of a district backlash.

Some districts have grumbled openly about the federal mandate, which requires them to redirect up to 20 percent of their federal antipoverty dollars to tutoring. There is concern that tutoring quality will vary wildly, that there isn't a good system to gauge effectiveness and that the emphasis on private providers has unfairly maligned public schools.

It's unclear how much business the districts will siphon from private providers.

In Hillsborough, the adult and community education department - operating under the name Rx for Success - is just one of more than 40 providers vying for students. Hillsborough parents have until Oct. 12 to register, so it won't be clear until then how many students each provider pulls in.

Ken Allen, the department's director, said it made sense for his department to offer tutoring. In addition to working with adults pursuing GEDs, the department helps hundreds of elementary and middle school students through its afterschool child care program.

"So much of what we do is in small groups or one-on-one anyways," Allen said at a provider fair at Greco Middle School last week.

More than 300 Hillsborough teachers have indicated a desire to tutor through the program, he said.

Hillsborough officials said the department is treated just like private providers, with the same restrictions on the use of school equipment and the same fees for renting space. Other districts offering tutoring have similar arrangements.

In rural Suwannee County, only three or four private providers realistically offer services, said Westcott, the tech center principal. And the center offers a better deal, she said, with a cheaper hourly rate (charged to the district) that allows it to provide students more hours of instruction.

Evidently, parents approve. Of the first 50 who expressed interest this year, Westcott said, "I don't think one of the 50 chose anybody but me."

--Ron Matus can be reached at 727 893-8873 or matus@sptimes.com

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