34 CFR 200.47 - SEA responsibilities for supplemental educational services.

§ 200.47 SEA responsibilities for supplemental educational services.
(a) If one or more LEAs in a State are required to make available supplemental educational services under § 200.39(b)(3), § 200.42(b)(3), or § 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 § 200.48(a)(2); and
(2) The per-child amount for supplemental educational services calculated under § 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 § 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 § 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 § 200.1;
(iii) Is financially sound; and
(iv) In the case of—
(A) A public school, has not been identified under § 200.32, § 200.33, or § 200.34; or
(B) An LEA, has not been identified under § 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 §§ 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 § 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)
(Authority: 20 U.S.C. 6316(e))
[67 FR 71725, Dec. 2, 2002, as amended at 73 FR 64511, Oct. 29, 2008]

Title 34 published on 2014-07-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 20 - EDUCATION

§ 6301 - Statement of purpose

§ 6302 - Authorization of appropriations

§ 6303 - School improvement

§ 6304 - State administration

§ 6311 - State plans

§ 6312 - Local educational agency plans

§ 6313 - Eligible school attendance areas

§ 6314 - Schoolwide programs

§ 6315 - Targeted assistance schools

§ 6316 - Academic assessment and local educational agency and school improvement

§ 6317 - School support and recognition

§ 6318 - Parental involvement

§ 6319 - Qualifications for teachers and paraprofessionals

§ 6320 - Participation of children enrolled in private schools

§ 6321 - Fiscal requirements

§ 6322 - Coordination requirements

§ 6331 - Grants for the outlying areas and the Secretary of the Interior

§ 6332 - Allocations to States

§ 6333 - Basic grants to local educational agencies

§ 6334 - Concentration grants to local educational agencies

§ 6335 - Targeted grants to local educational agencies

§ 6336 - Adequacy of funding of targeted grants to local educational agencies in fiscal years after fiscal year 2001

§ 6337 - Education finance incentive grant program

§ 6338 - Special allocation procedures

§ 6339 - Carryover and waiver

§ 6361 - Purposes

§ 6362 - Formula grants to State educational agencies

§ 6363 - State formula grant applications

§ 6364 - Targeted assistance grants

§ 6365 - External evaluation

§ 6366 - National activities

§ 6367 - Information dissemination

§ 6368 - Definitions

§ 6371 - Purposes; definitions

§ 6372 - Local Early Reading First grants

§ 6373 - Federal administration

§ 6374 - Information dissemination

§ 6375 - Reporting requirements

§ 6376 - Evaluation

§ 6381 - Statement of purpose

§ 6381a - Program authorized

§ 6381b - State educational agency programs

§ 6381c - Uses of funds

§ 6381d - Program elements

§ 6381e - Eligible participants

§ 6381f - Applications

§ 6381g - Award of subgrants

§ 6381h - Evaluation

§ 6381i - Indicators of program quality

§ 6381j - Research

§ 6381k - Construction

§ 6383 - Improving literacy through school libraries

§ 6391 - Program purpose

§ 6392 - Program authorized

§ 6393 - State allocations

§ 6394 - State applications; services

§ 6395 - Secretarial approval; peer review

§ 6396 - Comprehensive needs assessment and service-delivery plan; authorized activities

§ 6397 - Bypass

§ 6398 - Coordination of migrant education activities

§ 6399 - Definitions

§ 6421 - Purpose and program authorization

§ 6422 - Payments for programs under this part

§ 6431 - Eligibility

§ 6432 - Allocation of funds

§ 6433 - State reallocation of funds

§ 6434 - State plan and State agency applications

§ 6435 - Use of funds

§ 6436 - Institution-wide projects

§ 6437 - Three-year programs or projects

§ 6438 - Transition services

§ 6439 - Evaluation; technical assistance; annual model program

§ 6451 - Purpose

§ 6452 - Programs operated by local educational agencies

§ 6453 - Local educational agency applications

§ 6454 - Uses of funds

§ 6455 - Program requirements for correctional facilities receiving funds under this section

§ 6456 - Accountability

§ 6471 - Program evaluations

§ 6472 - Definitions

§ 6491 - Evaluations

§ 6492 - Demonstrations of innovative practices

§ 6493 - Assessment evaluation

§ 6494 - Close Up fellowship program

§ 6511 - Purpose

§ 6512 - Program authorization

§ 6513 - State applications

§ 6514 - State use of funds

§ 6515 - Local applications

§ 6516 - Local use of funds

§ 6517 - Evaluation and reports

§ 6518 - Quality initiatives

§ 6531 - Short title

§ 6532 - Purposes

§ 6533 - Funding distribution rule

§ 6534 - Advanced placement test fee program

§ 6535 - Advanced placement incentive program grants

§ 6536 - Supplement, not supplant

§ 6537 - Definitions

§ 6551 - Short title

§ 6552 - Purpose

§ 6553 - Authorization of appropriations

§ 6555 - National activities

§ 6561 - Definitions

§ 6561a - Program authorized

§ 6561b - Applications

§ 6561c - State reservation

§ 6561d - Strategies and capacity building

§ 6561e - Selection of local educational agencies for subgrants

§ 6561f - Community based organizations

§ 6561g - Technical assistance

§ 6561h - School dropout rate calculation

§ 6561i - Reporting and accountability

§ 6571 - Federal regulations

§ 6572 - Agreements and records

§ 6573 - State administration

§ 6574 - Local educational agency spending audits

§ 6575 - Prohibition against Federal mandates, direction, or control

§ 6576 - Rule of construction on equalized spending

§ 6577 - State report on dropout data

§ 6578 - Regulations for