110 HR 2203 IH: Improving Supplemental Education by
U.S. House of Representatives
2007-05-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the
Improving Supplemental Education by
Ensuring Parental Awareness Act
.
2.Increasing
student access and participation in supplemental educational
servicesSection 1116(b) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)) is
amended—
(1)in
paragraph (1) by striking subparagraph (E) and inserting the following:
(E)Public school
choice and supplemental education services
(i)In the case of a school identified for school improvement
under this paragraph, the local educational agency shall, not later than the
first day of the school year following such identification, provide all
eligible students enrolled in the school with the option—
(I)to transfer to
another public school served by the local educational agency and described in
clause (ii), which may include a public charter school, that has not been
identified for school improvement under this paragraph, unless such an option
is prohibited by State law; and
(II)to receive
supplemental educational services, available consistent with subsection
(e)(1).
(ii)In providing students the option to transfer to another
public school under clause (i)(I), the local educational agency shall give
priority to the lowest achieving children from low-income families, as
determined by the local educational agency for purposes of allocating funds to
schools under section
1113(c)(1).
;
(2)in paragraph (10)(A) by striking
spend an amount equal to
and inserting set aside and
spend
; and
(3)in paragraph (10)
by inserting after subparagraph (D) the following:
(E)The funds described in subparagraph (A)
shall be made available for the year in which the funding is set aside or
otherwise allocated and shall, notwithstanding section 1127(a), remain
available until such funds are expended (subject to section 421(b) of the
General Education Provisions Act) on supplemental educational services under
subsection (e), transportation costs under paragraph (9), or parent outreach
and assistance under paragraph (10)(C), unless—
(i)the local educational agency has provided
the State educational agency with evidence satisfactory to the State
educational agency that at least 75 percent of the students eligible for
supplemental educational services have received or affirmatively declined those
services; or
(ii)the State educational agency approves a
local educational agency request to spend a lesser amount based on a State
review of the agency's demonstrated success in—
(I)making significant progress in meeting the
requirements of clause (i);
(II)partnering with
community-based organizations and other groups to help inform eligible students
and their families of the availability of supplemental educational services;
(III)ensuring that
all eligible students are able to sign up for supplemental educational services
throughout the course of the school year and the summer; and
(IV)meeting the
requirements of subsection (e)(2)(E) and
(e)(2)(F).
.
3.Ensuring
accountability and provider effectiveness and expanding resources for State and
local implementation of supplemental educational services
(a)Funds for school
improvementSection 1003(b)
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6303(b)) is
amended—
(1)in
paragraph (1) by striking or
at the end;
(2)in
paragraph (2) by striking the period at the end and inserting ;
or
; and
(3)by adding at the
end the following:
(3)may reserve up to
1 percent to carry out the responsibilities under section 1116(e)(4).
.
(b)Funds for
transportation and supplemental educational servicesSection
1116(b)(10) of that Act (20 U.S.C. 6316(b)(10)) is amended by inserting after
subparagraph (E) (as added by section 2 of this Act) the following:
(F)Increased focus
on parental involvementFor
any fiscal year, a local educational agency may spend an amount up to 0.2
percent of its allocation under subpart 2 on implementing the parent outreach
and assistance requirements of subsection (b)(6)(F) and subsection (e)(2), with
such funds counting toward meeting the requirements of subparagraph (A).
.
4.Ensuring students
have fair options in selecting a supplemental educational services provider of
their choiceSection 1116(e)
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(e)) is
amended—
(1)in paragraph
(2)(A)—
(A)by inserting after
parents
the following: , at the beginning of the school
year following the school’s failure to make adequate yearly progress,
;
and
(B)by amending clause
(iii) to read as follows:
(iii)a brief description of the services,
including minimum qualifications required by the provider for their instructors
that provide direct instruction to students, and demonstrated effectiveness of
each such
provider;
.
(2)in paragraph
(2)—
(A)in subparagraph
(C) by striking and
at the end;
(B)in subparagraph (D)
by striking the period at the end and inserting a semicolon; and
(C)after subparagraph
(D) by adding the following:
(E)choose an approved provider or providers,
using a fair, open, and objective process, to operate on site in the school or
schools identified under paragraphs (1), (7), or (8) of subsection (b) free of
charge, or for a reasonable fee, on the same basis and terms as are available
to other groups that seek access to the school building;
(F)provide approved providers with appropriate
logistical information, including information on the procedures parents must
follow in obtaining supplemental educational services for their children;
and
(G)conduct quality
parental outreach campaigns to increase the number of students that receive
supplemental educational
services.
;
(3)in paragraph
(4)—
(A)by striking
subparagraph (D) and inserting the following:
(D)develop, implement not later than 1 year
after the date of enactment of this subparagraph, and publicly report
(including an annual report to the Secretary on the implementation of this
subparagraph) on standards and techniques that—
(i)are for monitoring
the quality and effectiveness of the services offered by approved providers
under this subsection and for withdrawing approval from providers that fail,
for 2 consecutive years, to contribute to increasing the academic proficiency
of students served under this subsection as described in subparagraph (B);
and
(ii)use valid and
reliable methods that are consistent with relevant, nationally recognized
professional standards that—
(I)are administered
to all students enrolled in supplemental educational services under this
subsection;
(II)are supplemented
with additional criteria, such as—
- (aa)local educational agency evaluations of the
supplemental educational services provided under this subsection;
- (bb)student, parent, principal, or teacher
satisfaction with the provider, except that, if a State elects to include this
criterion in the State evaluation system, the satisfaction levels shall be
measured by a survey that uniformly evaluates all such providers in the State;
and
- (cc)the
attendance rates of the students enrolled in the supplemental educational
services offered by the provider under this subsection; and
(III)measure
individual student academic achievement in mathematics, and in reading or
language arts, as measured by progress toward meeting challenging State student
academic achievement standards under section 1111(b), or as measured by
progress on other valid individual student assessment instruments, as a result
of the provision of supplemental educational
services;
.
(B)in subparagraph
(E) by striking the period at the end and inserting a semicolon; and
(C)after subparagraph
(E) by inserting the following:
(F)monitor each local
educational agency that serves as an approved provider to ensure the local
educational agency is in compliance with paragraph (2) and, if the State
educational agency determines (which may be based on complaints filed by
eligible providers, parents, or other entities) that the local educational
agency is not in compliance—
(i)withdraw approval
from the local educational agency for the following year; or
(ii)designate a
third-party entity to carry out the responsibilities under paragraph (2);
(G)establish a fair mechanism for the removal
of a provider who is subject to repeat complaints submitted by parents, school
personnel, or the local educational agency, after a full independent
investigation of the complaints and right of appeals;
(H)provide—
(i)guidelines to each
local educational agency on the enrollment forms used to enroll students for
supplemental educational services under this subsection, which shall
include—
(I)the baseline of
information the local educational agency is required to provide to parents;
and
(II)a sample form for
the local educational agency; and
(ii)technical
assistance to each local educational agency regarding the enrollment process,
in an effort to streamline the enrollment process for parents;
(I)ensure that the enrollment process is fair
to all providers of supplemental educational services;
(J)if the State educational agency determines
appropriate, require a local educational agency to employ different methods to
reach students regarding the availability of supplemental educational services
under this subsection, including—
(i)sending enrollment
forms home with students;
(ii)posting the
enrollment form online; and
(iii)allowing parents
to obtain enrollment forms at the school of the students eligible for
supplemental educational services under this subsection;
(K)if the State educational agency determines
appropriate, use a portion of the funds available under subsection (b)(10) to
provide, on behalf of rural local educational agencies that serve schools
required to offer supplemental educational services under this subsection,
incentives for providers to provide supplemental educational services under
this subsection to students in rural local educational agencies,
including—
(i)providing
technical assistance to providers, including those offering supplemental
educational services through distance learning; and
(ii)providing
assistance to community based organizations with the approval process to become
supplemental educational services providers, as well as with the contracting
process with local educational
agencies.
.
5.Requiring greater
transparency of data related to supplemental educational services
(a)Section 1111(h)(1)(C)
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(1)(C))
is amended—
(1)in clause (vii) by
striking and
at the end;
(2)in
clause (viii) by striking the period at the end and inserting ;
and
; and
(3)by
adding at the end the following:
(ix)for the prior
school year—
(I)the number of students eligible to
participate in public school choice and supplemental educational services;
(II)the actual number
of students who participated;
(III)the total amount
of funds expended for supplemental educational services; and
(IV)the total amount
of funds expended for transportation related to public school
choice.
.
(b)Section 1111(h)(2)(B)(i) of that Act (20 U.S.C.
6311(h)(2)(B)(i)) is amended—
(1)in subclause (I),
by striking and
at the end; and
(2)by adding at the
end the following:
(III)the information described in subparagraph
(C)(ix), relating to student participation in public school choice and
supplemental educational services;
and
.
(c)Section 1111(h)(4)(F) of that Act (20 U.S.C.
6311(h)(4)(F)) is amended to read as follows:
(F)for the prior school year—
(i)the
number of students eligible to participate in public school choice and
supplemental educational services;
(ii)the actual number
of students who so participated;
(iii)the total amount
of funds expended for supplemental educational services; and
(iv)the total amount
of funds expended for transportation related to public school choice;
and
.
6.Expanding
research and evaluation of supplemental educational services effectiveness at
the national levelSection
1501(a)(2)(I)(iv) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6491(a)(2)(I)(iv)) is amended to read as follows:
(iv)The number of
students who received supplemental educational services, the criteria used by
the States to determine the quality of providers, the kinds of services that
are available and utilized, the costs associated with implementing this option,
and the impact of receiving supplemental educational services on student
achievement, using criteria for success to evaluate such impact, including
criteria consistent with scientifically-based
research.
.
7.Supplemental
educational services for students with disabilities and students who are
limited English proficient
(a)Section 1501(a)(2) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6491(a)(2)) is
amended—
(1)by redesignating
subparagraph (O) as subparagraph (P); and
(2)by inserting after
subparagraph (N) the following:
(O)The extent to which
students with disabilities and students with limited English proficiency are
represented as compared to all students receiving supplemental educational
services.
.
(b)State
educational agency responsibilitiesSection 1116(e)(4) of that
Act (20 U.S.C. 6316(e)(4)), as amended by this Act, is further amended—
(1)in subparagraph
(K) by striking the period at the end and inserting ; and
;
and
(2)by adding at the
end the following:
(L)ensure that, in each area served by a local
educational agency in the State that informs the State educational agency of
the local educational agency's need to provide supplemental educational
services under this subsection to children who are limited English proficient
or children with disabilities, the list of approved providers includes a choice
of 2 or more providers with sufficient capacity to provide effective services
for children who are limited English proficient or children with disabilities,
respectively.
.
(c)Section 1116(e)(6) of that Act (20 U.S.C. 6316(e)) is
amended—
(1)by striking
(A)
and (B)
and inserting (i)
and
(ii)
, respectively;
(2)by inserting
(A)
before The amount
; and
(3)by adding at the
end the following:
(B)Amounts for
special populationsNotwithstanding subparagraph (A), the
amount that a local educational agency shall make available for supplemental
educational services for students with disabilities, limited English proficient
students, and students in local educational agencies that are eligible for
assistance under section 6211 or 6221 of this Act, shall equal 200 percent of
the amount determined in subparagraph (A)(i), except that no student shall
receive more than the actual costs of the supplemental educational services
received by the
child.
.
8.A
local educational agency that needs improvement is not eligible to be a
provider of supplemental educational servicesSection 1116(e)(12)(B) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6316(e)(12)(B)) is amended by
inserting after or a local educational agency
the following:
(but such term does not include a local educational agency that has been
identified for improvement or corrective action)
.