SEA responsibilities for supplemental educational services.
(a) If one or more LEAs in a State are required to make available supplemental educational services under Section 200.39(b)(3), Section 200.42(b)(3), or Section 200.43(b)(2), the SEA for that State must do the following:
(1)(i) In consultation with affected LEAs, parents, teachers, and other interested members of the public, promote participation by as many providers as possible.
(ii) This promotion must include?
(A) Annual notice to potential providers of?
( 1 ) The opportunity to provide supplemental educational services; and
( 2 ) Procedures for obtaining the SEA's approval to be a provider of those services; and
(B) Posting on the SEA's Web site, for each LEA?
( 1 ) The amount equal to 20 percent of the LEA's Title I, Part A allocation available for choice-related transportation and supplemental educational services, as required in Section 200.48(a)(2); and
( 2 ) The per-child amount for supplemental educational services calculated under Section 200.48(c)(1).
(2) Consistent with paragraph (b) of this section, develop and apply to potential providers objective criteria.
(3)(i) Maintain by LEA an updated list of approved providers, including any technology-based or distance-learning providers, from which parents may select; and
(ii) Indicate on the list those providers that are able to serve students with disabilities or limited English proficient students.
(4) Consistent with paragraph (c) of this section, develop, implement, and publicly report on standards and techniques for?
(i) Monitoring the quality and effectiveness of the services offered by each approved provider;
(ii) Withdrawing approval from a provider that fails, for two consecutive years, to contribute to increasing the academic proficiency of students receiving supplemental educational services from that provider; and
(iii) Monitoring LEAs' implementation of the supplemental educational services requirements of the Act and this part.
(5) Ensure that eligible students with disabilities under IDEA and students covered under Section 504 receive appropriate supplemental educational services and accommodations in the provision of those services.
(6) Ensure that eligible students who have limited English proficiency receive appropriate supplemental educational services and language assistance in the provision of those services.
(b) Standards for approving providers. (1) As used in this section and in Section 200.46, "provider" means a non-profit entity, a for-profit entity, an LEA, an educational service agency, a public school, including a public charter school, or a private school that?
(i) Has a demonstrated record of effectiveness in increasing the academic achievement of students in subjects relevant to meeting the State's academic content and student achievement standards described under Section 200.1;
(ii) Is capable of providing supplemental educational services that are consistent with the instructional program of the LEA and with the State academic content standards and State student achievement standards described under Section 200.1;
(iii) Is financially sound; and
(iv) In the case of?
(A) A public school, has not been identified under Sections 200.32, 200.33, or 200.34; or
(B) An LEA, has not been identified under Section 200.50(d) or (e).
(2) In order for the SEA to include a provider on the State list, the provider must agree to?
(i)(A) Provide parents of each student receiving supplemental educational services and the appropriate LEA with information on the progress of the student in increasing achievement; and
(B) This information must be in an understandable and uniform format, including alternative formats upon request, and, to the extent practicable, in a language that the parents can understand;
(ii) Ensure that the instruction the provider gives and the content the provider uses?
(A) Are consistent with the instruction provided and the content used by the LEA and the SEA;
(B) Are aligned with State academic content and student academic achievement standards;
(C) Are of high quality, research-based, and specifically designed to increase the academic achievement of eligible children; and
(D) Are secular, neutral, and nonideological; and
(iii) Meet all applicable Federal, State, and local health, safety, and civil rights laws.
(3) In approving a provider, the SEA must consider, at a minimum?
(i) Information from the provider on whether the provider has been removed from any State's approved provider list;
(ii) Parent recommendations or results from parent surveys, if any, regarding the success of the provider's instructional program in increasing student achievement; and
(iii) Evaluation results, if any, demonstrating that the instructional program has improved student achievement.
(4) As a condition of approval, a State may not require a provider to hire only staff who meet the requirements under Sections 200.55 and 200.56.
(c) Standards for monitoring approved providers. To monitor the quality and effectiveness of services offered by an approved provider in order to inform the renewal or the withdrawal of approval of the provider?
(1) An SEA must examine, at a minimum, evidence that the provider's instructional program?
(i) Is consistent with the instruction provided and the content used by the LEA and the SEA;
(ii) Addresses students' individual needs as described in students' supplemental educational services plans under Section 200.46(b)(2)(i);
(iii) Has contributed to increasing students' academic proficiency; and
(iv) Is aligned with the State's academic content and student academic achievement standards; and
(2) The SEA must also consider information, if any, regarding?
(i) Parent recommendations or results from parent surveys regarding the success of the provider's instructional program in increasing student achievement; and
(ii) Evaluation results demonstrating that the instructional program has improved student achievement.
(Approved by the Office of Management and Budget under control number 1810-0581)
[73 FR 64511, Oct. 29, 2008]