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Chapter 12. Compensatory Education.Subchapter 13. Supplemental Educational Services.Application for SBE Approval.   

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This section sets forth the criteria upon which applicants will be evaluated by the CDE. An eligible applicant shall be recommended by the CDE for SBE approval upon receipt of a completed application and a designation of "Adequate" on the "SES Request for Application (RFA) Scoring Rubric, Cohort 2010 (posted March 2010)" which is hereby incorporated by reference. The CDE will annually post the SES Provider Application on the CDE's Web site on or before the fourth Friday in September.

(a) Eligible applicants must submit a completed application to the CDE no more than 30 business days after the CDE posts the request for application on the CDE Web site (http://www.cde.ca.gov/ta/ac/ti/supplemental.asp).

(b) A completed application shall provide a detailed description of the services provided by the applicant and shall contain only the following:

(1) A demonstrated record of effectiveness in increasing the academic proficiency of students from the two immediately preceding school years based on data, disaggregated within content area by grade level for which the SES application is submitted;

(2) At least five letters of reference from previous clients (e.g., families, schools, districts, teachers, etc.) offering testimonial information about the positive impact of the applicant's program.

(3) Assurance by the applicant that it has not been terminated by the SBE as an approved provider, pursuant to section 13075.5 of this subchapter at any time within the immediately preceding two fiscal years in which it is submitting an application;

(4) Assurance by the applicant that it has not been terminated as an approved provider of SES from any other state's list at any time within the immediately preceding two fiscal years in which it is submitting an application; or

(A) Applicant providers that have been terminated as an approved provider of SES from any other state's list at any time in the preceding two fiscal years shall provide evidence of the reasons for termination for the purpose of determining whether the violation(s) would have resulted in termination according to the criteria for termination as defined in section 13075.5.

(5) Assurance by the applicant that it has not been debarred, suspended from or deemed ineligible for any federally-funded contracts in California or in any other state, as specified in 34 C.F.R. section 85 at any time within the immediately preceding two fiscal years in which it is submitting an application;

(6) Written proof of current liability insurance coverage and an assurance it will provide the LEAs with which it contracts written proof of current liability insurance coverage and other necessary insurance of the type and in the amount required by the LEA;

(7) Evidence that it holds a valid business license issued by the California Secretary of State if it intends to provide services statewide, or that it holds a valid business license issued by the appropriate local licensing entity where it intends to provide services;

(8) If an applicant reasonably anticipates subcontracting the provision of services, it must include the following information in its application:

(A) identification of all subcontractors;

(B) complete and detailed description of the services that will be provided by each subcontractor;

(C) assurance that the applicant shall only use subcontractor(s) for whom it provides the information required by this section; and

(D) assurance that the applicant shall limit the work of each subcontractor to the services described in its application.

(9) Identification of a supervisor who resides in the state of California;

(10) A description of the staffing, fiscal, equipment, and facility resources of the organization that enable it to work with students in compliance with these regulations and applicable federal, state, and local statutes and regulations;

(11) The program cost for completing the basic program per individual student;

(12) A demonstration that it is fiscally sound, as shown by all of the following:

(A) Proof of financial resources to operate as an approved provider through the first six months of the first year for which it is seeking approval, including a description of how the organization receives funding (e.g., grants, fees-for-services, etc.) separate from reimbursements for provider services;

1. For an applicant that is currently operating as an approved provider and is reapplying to be an approved provider, proof of financial resources to operate as an approved provider may include reimbursement for provider services.

(B) Proof of financial viability (e.g., through audits, financial statements, or credit rating); and

(C) Organizational budgets that identify all sources of revenues available to the applicant and cash flow activity related to the expenditures of that revenue.

(13) Certification that the facility meets all applicable federal, state, and local health and safety laws, if instruction will occur at a facility other than the student's school or residence;

(14) Assurance that all instruction shall be provided outside of the regular school day;

(15) Evidence that its instruction will meet the following criteria:

(A) Instruction and materials will be aligned with applicable state SBE-adopted academic content standards, K-12 curriculum frameworks and K-8 SBE-adopted instructional materials or 9-12 locally-adopted materials including any intervention materials used by the LEA;

(B) Instruction will be organized and presented in a manner designed to meet the specific achievement goals of individual students;

(C) Instruction will be coordinated with the student's school program, and when applicable, the student's IEP and/or a 504 Plan;

(D) Instruction will be of high quality, research-based, and specifically designed to increase students' academic achievement in English language arts, mathematics, and/or science; and

(E) Assurance that instruction will be provided that is secular, neutral, and non-ideological.

(16) A description of the procedure for developing SLPs in consultation with parent(s)/guardian(s) and school staff;

(17) If applicable, a description of how students with disabilities and English learners will have access to SES, including descriptions of accommodations, strategies and curriculum that will meet the unique needs of these students;

(18) A description of the procedures for providing students, parent(s)/guardian(s), teachers, schools and/or districts, with regular reports of student progress;

(19) A description of how the applicant will secure parental/guardian permission to access student information (e.g., Standardized Testing and Reporting (STAR) scores, IEP, 504 Plan, and/or attendance records) maintained by the LEA for each student served for the purpose of developing a student's SLP;

(20) Assurance that the applicant shall comply with all applicable laws in obtaining personally identifiable information from a student's educational record.

(21) Assurance that all personally identifiable student level data shall not be disclosed to any other party without prior consent of the parent or guardian;

(22) Assurance that the applicant will comply with all state and federal privacy laws, including 20 U.S.C. section 1232g (FERPA), Education Code sections 49073 through 49079 inclusive, and Education Code section 60641(a)(3)(A);

(23) A description of the process of collaborating with contracting school districts in the use of individual student test results and/or other measures used for measuring student academic performance;

(24) A description of the procedures to maintain, monitor, and notify LEAs about personnel updates related to the approved provider's staff changes;

(25) The number of online tutors residing inside the United States who will be providing instructional services to SES students;

(26) The number of online tutors residing outside the United States who will be providing instructional services to SES students;

(27) A description of the procedures for completion of, and compliance with background checks pursuant to chapter 1, article 2.5 of the California Penal Code and TB tests for all persons providing direct services to students;

(A) Online tutors not in physical proximity to students may be exempted from the TB test requirement.

(28) Assurance that the applicant will comply with all applicable federal, state, and local health, safety, and civil rights laws, including mandatory child abuse reporting in accordance with Penal Code sections 11164 through 11174.3;

(29) Assurance that the applicant shall submit, by August 1, the annual SES Accountability Report (posted May 2010), on the CDE's Web site at http://www.cde.ca.gov/ta/ac/ti/ap1/logon.aspx pursuant to section 13075.4. The SES Accountability Report (posted May 2010) is hereby incorporated by reference;

(30) Assurance that the applicant shall provide the LEA with specific procedures that will be used to ensure a student's safety prior to, during and following each tutoring session, including drop off and pick up policies;

(31) Assurance that the applicant shall provide the LEA with specific procedures used to notify students and parents when sessions have been cancelled or rescheduled;

(32) A description of the ongoing staff development for its instructional staff;

(33) A description of the minimum number of sessions with the number of hours per session that together with the pre and post tests constitute a provider's basic program.

(34) Assurance that the applicant shall not transfer its approval status or sell its approval status to another entity.

(c) All completed applications received by the date specified in subdivision (a) will be reviewed by the CDE and submitted to the SBE for its approval or disapproval.

(1) The effective date of any ensuing approval will be July 1 of the next state fiscal year following SBE approval;

(2) Each approval period is for two school years.

(3) An approved provider may relinquish its approval by notifying the CDE in writing. Approved providers that relinquish their approval status will not be considered as terminated, but will be removed from the SBE-approved list for the remainder of the two-year approval period.

(4) For applicants that are not recommended by the CDE to the SBE for approval, the following process shall be adhered to:

(A) If the applicant receives notification of a failed application, the provider has 30 calendar days from the date of delivery to file a written request for appeal with the CDE. The CDE will review the request on behalf of the SBE. The request shall include an explanation of the basis for the appeal and any supporting documentation.

(B) Upon receipt of a provider's appeal, the CDE shall have 30 calendar days to review the appeal. The CDE shall have the right to request that a provider submit additional or clarifying information. The CDE shall also have the right to reasonably extend the review period for up to an additional 30 calendar days, if, in its opinion, more time is required to complete a thorough review of the appeal and supporting documents.

(C) Upon completion of its review, the CDE shall make a recommendation to the SBE to either uphold or deny the provider's appeal, including the reasons for such recommendation. The CDE shall also notify the provider that its investigation is complete, notify the provider of its recommendation and inform the provider that the recommendation has been forwarded to the SBE.

Authority cited:

Education Code 12001

Education Code 33031

Reference:

20 U.S.C. Section 6316.

(Amended by Register 2011, No. 21.)