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Chapter 12. Compensatory Education.Subchapter 13. Supplemental Educational.Services.Responsibilities of LEAs for SES.   

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(a) SES providers must disclose any employment or financial interest relationship of any kind for owners, employees, and independent contractors who are also employees of an LEA that the provider serves.

(b) In order to avoid a conflict of interest or the appearance of partiality, an employee of an LEA, who also administers or provides SES services, either solely or in collaboration with SES providers, or who has a financial interest of any kind in an SES provider, may not use his or her position as an employee of the LEA to encourage students of the LEA or their parents or guardians to use the services of that SES provider.

(c) LEAs must ensure that an SLP is developed for each student receiving SES.

(1) The LEA may request but not require that an approved provider develop the SLP on behalf of the LEA for each student served by the approved provider as indicated in the agreement with the LEA, if the LEA makes available the following to the approved provider:

(A) Pertinent student academic achievement data per parent and or guardian permission; and

(B) Other technical assistance that will facilitate the development of the plan.

(2) The LEA maintains the responsibility to review and approve each SLP developed by the approved provider to ensure that the SLP is developed in consultation with parent(s) or guardian(s) and contains all required information.

(d) In developing an SLP, the parent(s) or guardian(s) of each student must be consulted. This consultation must, at a minimum, provide an opportunity for the student's parent(s) or guardian(s) to express their views and have their views considered;

(1) Consultation with each student's parent(s) or guardian(s) may include, but is not limited to, communication by telephone, e-mail, home visits, parent meetings and/or parent(s) or guardian(s) signature(s). The SLP must include evidence of this consultation.

(2) In the event a consultation with a parent or guardian does not take place, but the parent or guardian has selected an approved provider for the provision of services for their child, the LEA, or an approved provider acting on its behalf, must show evidence of at least three separate attempts to contact the parent or guardian, using at least two different means of communication (e.g., telephone, U.S. Postal Service, or e-mail) to contact the parent or guardian for purposes of the consultation. The LEA, or an approved provider acting on its behalf, must develop an SLP for the student, even if the parent or guardian elects not to participate in the consultation.

Authority cited:

12001

Education Code 33031

Reference:

20 U.S.C. Section 6316.

(New by Register 2011, No. 21.)