Chapter 12. Compensatory Education.Subchapter 13. Supplemental Educational Services.Termination of an Approved Provider.
(a) The SBE shall immediately terminate an approved provider that is debarred from any federally-funded contracts.
(b) The SBE shall terminate an approved provider that is an LEA or school identified for PI or corrective action under 20 U.S.C. section 6316 during its term of approval.
(c) The SBE may terminate an approved provider that is an LEA or a public school within an LEA, upon unification with another LEA, by the end of the semester following unification. The newly unified LEA may apply to become an approved provider at the next scheduled application cycle.
(d) The SBE may terminate an approved provider for cause if:
(1) The CDE has issued a written notice to the approved provider it has found to be noncompliant and has specified which sections the provider has violated.
(2) The approved provider has failed after 30 calendar days from the receipt of the notice issued pursuant to subdivision (d)(1) to correct the violation(s) and provide evidence of correction to the CDE.
(3) The CDE has identified the cause for termination which may include, but is not limited to, any of the following:
(A) The approved provider has failed to make available information requested by the CDE for the purpose of monitoring and/or evaluating the program;
(B) The approved provider has failed to monitor and evaluate the progress of student(s) receiving services;
(C) The approved provider has failed to meet its contractual terms with one or more LEAs during the same fiscal year, including withdrawing from offering program services to student(s) when the LEA has provided, for each site, the required number of students to be served;
(D) The approved provider has failed to deliver the basic program to at least 75 percent of the students for whom the provider has an approved LEA contract. The calculation shall apply to providers with approved LEA contracts for at least ten students and these students have attended at least one tutoring session. The calculation shall exclude those students who could not complete the program due to factors beyond the control of the providers. Providers are required to identify such factors as enumerated in the Accountability Report.
(E) The approved provider has failed to demonstrate a record of effectiveness in increasing the academic proficiency of students.
(F) The approved provider has failed to comply with applicable federal, state, and local health, safety, or civil rights laws;
(G) The approved provider has failed to act in accordance with the assurances made to the SBE in the application;
(H) The approved provider has failed to meet the reporting requirements under section 13075.4; or
(I) The approved provider has failed to provide information requested by the CDE verifying ownership of the organization within 30 calendar days of the original request.
(e) Upon occurrence of one or more of the specified changes identified in subdivisions 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, or 13 of section 13075.2(b) and/or any change to the information specified in section 13075.3(a), an approved provider has 30 calendar days to report the change or corrective action taken by the approved provider pursuant to section 13075.2(c)(4)(A) to the CDE. Failure to report such changes or corrective action will result in the termination of approval status.
(f) If the SBE determines that the subcontractor(s) identified by the approved provider pursuant to sections 13075.2(b)(8) or 13075.3 fails to adequately perform any of the services for which it has been contracted, the CDE may recommend termination of the approved provider to the SBE after notification to the approved provider and failure by the approved provider to correct the subcontractor's performance in accordance with the timeline in subdivision (e) of this section.
(g) Upon the decision to terminate a provider, the SBE shall deliver written notice to the approved provider informing it of the decision to terminate the provider and the effective date of the termination.
Education Code 12001
Education Code 33031
Reference: 20 U.S.C. Section 6316
(Amended by Register 2011, No. 21.)