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Chapter 12. Compensatory Education.Subchapter 13. Supplemental Educational Services.Definitions.   

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For purposes of this subchapter, the following definitions apply:

(a) "Approved supplemental educational services (SES) provider" ( "approved provider") means an eligible applicant that has been approved by the State Board of Education (SBE) pursuant to the provisions of this subchapter;

(b) "Basic program" means the minimum number of sessions and hours per session needed to complete a provider's SES program as identified in the provider's application, including the administration of pre and post tests.

(c) "Demonstrated record of effectiveness in increasing the academic proficiency of students" means an eligible applicant has documented improvement in the academic performance of a majority of students who have completed the approved provider's basic program in SES, as evidenced by an increase in individual student scores for two consecutive years on pre and post tests for the subjects in which they are providing services, including national, state, district or other assessments, aligned to the California content standards in English language arts, mathematics, and/or science.

(1) "Tests" means assessments used by applicants and approved providers developed in accordance with the standards for validity and reliability as set forth in The Standards for Educational and Psychological Testing (1999)

(2) "Pre and post tests" means tests administered to a student at the beginning and conclusion of the SES tutoring program as defined in the approved application.

(A) Standardized Testing and Reporting (STAR) and the California High School Exit Examination (CAHSEE) may not be used to satisfy the requirement of pre and/or post tests.

(3) Data, must be reported, disaggregated within content area by grade level for two consecutive years, to determine whether there has been an increase in student achievement.

(d) "Eligible applicant" means a public or private (nonprofit or for-profit) entity, public school (including a charter school), private school, school district, county office of education, institution of higher education, faith-based or community-based organization, or business that is legally constituted and qualified to do business in California;

(e) "Eligible student" means a child from a low-income family, as determined by the local educational agency (LEA) for purposes of allocating funds under section 1113(c)(1), of NCLB (20 U.S.C. section 6313), who is attending a Title I funded school that is in year two or beyond of program improvement (PI);

(f) "Ineligible applicant" means an entity that is not eligible to apply to be an approved provider. An ineligible applicant includes, but is not limited to the following:

(1) County office of education that has been identified for PI, unless it bifurcates services by utilizing the procedures set in place by the SBE. The SBE procedures for bifurcation, which includes the "Intent to Bifurcate Services" form (Revised December 2009) and "Bifurcation of County Office of Education Functions" guidance (Revised December 2009) are incorporated by reference and are available under the Supplemental Educational Services Web page on the CDE's Web site at http://www.cde.ca.gov.

(2) Any individual having an ownership interest in an approved provider that was debarred or terminated as an SES provider in his or her individual capacity for two fiscal years following the fiscal year in which the provider had an ownership interest was debarred or terminated.

(g) "Student Learning Plan" (SLP) means a plan which states specific achievement goals for a student, how each student's progress will be measured, a timetable for demonstrating the student's academic achievement, and, when applicable, is consistent with a student's individualized education program (IEP) under section 614(d) of the Individuals with Disabilities Education Act or a 504 Plan under 29 U.S.C. section 794(a).

Authority cited:

Education Code 12001

Education Code 33031

Reference:

20 U.S.C. Section 6316

Individuals with Disabilities Education Act, sections 614 and 794(a).

(Amended by Register 2011, No. 21.)