No Child Left Behind Act: Education Actions Needed to Improve	 
Implementation and Evaluation of Supplemental Educational	 
Services (21-SEP-06, GAO-06-1121T).				 
                                                                 
The No Child Left Behind Act (NCLBA) requires districts with	 
schools receiving Title I funds that have not met state 	 
performance goals for 3 consecutive years to offer low-income	 
students enrolled in these schools supplemental educational	 
services (SES), such as tutoring. This testimony discusses early 
implementation of SES, including (1) how SES participation	 
changed in recent years; (2) how providers work with districts to
deliver services; (3) how states monitor and evaluate SES; and	 
(4) how the Department of Education (Education) monitors and	 
supports SES implementation. This testimony is based on an August
2006 report (GAO-06-758). For this report, GAO used the best	 
available data on participation and obtained more recent	 
information on other SES implementation issues through a state	 
survey and a district survey, as well as visits to four school	 
districts and interviews with providers.			 
-------------------------Indexing Terms------------------------- 
REPORTNUM:   GAO-06-1121T					        
    ACCNO:   A61246						        
  TITLE:     No Child Left Behind Act: Education Actions Needed to    
Improve Implementation and Evaluation of Supplemental Educational
Services							 
     DATE:   09/21/2006 
  SUBJECT:   Academic achievement				 
	     Aid for education					 
	     Education program evaluation			 
	     Elementary school students 			 
	     Elementary schools 				 
	     Evaluation methods 				 
	     Federal/state relations				 
	     Monitoring 					 
	     Parents						 
	     School districts					 
	     State-administered programs			 
	     State/local relations				 
	     Students						 
	     Teachers						 

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GAO-06-1121T

     

     * Background
     * SES Participation Has Increased As Districts Have Taken Step
          * The SES Participation Rate Increased from 12 to 19 Percent b
          * Districts Used Several Methods to Notify Parents and Offered
          * Notifying Parents in a Timely and Effective Manner and Attra
     * Providers Have Taken Steps to Deliver Quality Services, but
     * States are Increasing SES Monitoring though it Remains A Cha
     * Several Education Offices Monitor and Support SES Implementa
     * Prior Recommendations
     * GAO Contacts
     * GAO's Mission
     * Obtaining Copies of GAO Reports and Testimony
          * Order by Mail or Phone
     * To Report Fraud, Waste, and Abuse in Federal Programs
     * Congressional Relations
     * Public Affairs

Testimony

Before the Committee on Education and the Workforce, House of
Representatives

United States Government Accountability Office

GAO

For Release on Delivery Expected at 10:30 a.m. EDT

Thursday, September 21, 2006

NO CHILD LEFT BEHINDACT

Education Actions Needed to Improve Implementation and Evaluation of
Supplemental Educational Services

Statement of Cornelia M. Ashby, Director Education, Workforce, and Income
Security Issues

GAO-06-1121T

Mr. Chairman and Members of the Committee:

I am pleased to be here today to present information from our August 2006
report on early implementation of the supplemental educational services
(SES) provisions of the No Child Left Behind Act (NCLBA).1 In school year
2005-2006, Title I of NCLBA-the most recent reauthorization of the
Elementary and Secondary Education Act (ESEA)-provided $12.7 billion in
federal funds to nearly all school districts and approximately half of the
public schools nationwide in order to improve the education of low-income
students. When a school receiving Title I funds does not meet state
performance goals designated under NCLBA for 2 years, the district must
offer students the choice of transferring to another school in the
district that is not in improvement status. When a school receiving Title
I funds does not meet state NCLBA performance goals for 3 or more years,
the district must offer SES to all of the low-income students enrolled in
the school. SES includes tutoring and remediation that are provided
outside of the regular school day by a state-approved provider, such as a
for-profit company or a community-based organization. Districts with
schools required to offer school choice and SES must set aside an amount
equal to 20 percent of their Title I funds to provide choice-related
transportation and SES for eligible students in these schools.

While states set NCLBA performance goals and schools are judged on the
performance of their students, responsibility for SES implementation is
primarily shared by states and school districts under the law.
Specifically, states are responsible for reviewing provider applications
to assess each provider's record of effectiveness and program design,
approving providers to serve students in their states, and monitoring and
evaluating SES providers and their services. Districts are responsible for
notifying parents of their child's eligibility for SES and contracting
with the state-approved providers that parents select for services. At the
federal level, the U.S. Department of Education (Education) oversees SES
implementation nationwide and provides guidance and technical assistance.

Although some districts were first required to offer SES in school year
2002-2003, others did not have to offer SES until 2003-2004 or after, and
therefore, states and districts are at different stages of implementing
the SES provisions. My testimony today will focus on early implementation
of SES. Specifically, I will discuss (1) how the proportion of eligible
students receiving services has changed in recent years, and actions that
have been taken to increase participation; (2) how providers are working
with districts and schools to provide services that increase student
achievement; (3) to what extent states are monitoring and evaluating SES;
and (4) how Education monitors state SES implementation and assists state
and district efforts.

1 GAO, No Child Left Behind Act: Education Actions Needed to Improve Local
Implementation and State Evaluation of Supplemental Educational Services,
GAO-06-758 (Washington, D.C.: Aug. 4, 2006).

In summary, the SES participation rate increased from 12 to 19 percent of
eligible students between school years 2003-2004 and 2004-2005. While
districts have provided written information notifying parents of SES and
taken other actions to encourage participation, challenges remain, such as
notifying parents in a timely and effective manner. Regarding service
delivery, providers aligned their curriculum with district instruction
primarily by hiring district teachers and communicating with the teachers
of participating students in order to promote improved student academic
achievement. However, both providers and districts experienced contracting
and coordination difficulties. In part because SES is often delivered in
school facilities, providers as well as district and school officials
reported that involvement of school administrators and teachers can
improve SES delivery and coordination. At the state level, while
monitoring of SES had been limited-at the time of our review, more states
reported taking or planning to take steps to monitor district and provider
efforts to implement SES in school year 2005-2006. However monitoring
continues to be a challenge, and states also continue to struggle to
develop meaningful evaluations of SES providers. At the time of our
review, no state had yet to produce a report providing a conclusive
assessment of SES providers' effect on student academic achievement.
Regarding federal oversight of SES implementation, although several
Education offices monitor various aspects of SES activity across the
country and provide support, states and districts reported needing
additional assistance and flexibility with program implementation.

To help states and districts implement SES more effectively, our recent
report recommended that Education collect and disseminate information on
promising practices used by states and districts to attract more providers
for certain areas and groups and involve school officials in SES
implementation, and examples of sample parental notification letters that
meet federal requirements and are easy for parents to understand. Further,
to improve states' and districts' ability to provide services to the
maximum number of students, we recommended that Education consider
expanding its current SES pilot program allowing selected districts in
need of improvement to serve as providers and clarify state authority to
set parameters around service design and costs. To improve federal and
state monitoring of SES, we recommended that Education require states to
collect and submit information on the amount and percent of Title I funds
spent on SES by districts and provide states with technical assistance and
additional guidance on how to evaluate the effect of SES on student
academic achievement. In its comments on the report, Education expressed
appreciation for the report's recommendations and cited actions the
department had already initiated or planned to take in addressing them.

Our review was based on a Web-based survey of SES coordinators in all 50
states, the District of Columbia (D.C.), and Puerto Rico, and a mail
survey of SES coordinators in a nationally representative sample of
districts with schools required to offer SES. Our district survey sample
included all 21 districts required to offer SES with 100,000 or more total
enrolled students. In addition, we conducted site visits to one school
district in each of four states (Woodburn, Ore.; Newark, N.J.; Chicago,
Ill.; and Hamilton County, Tenn.) during which we interviewed state,
district, and school officials. We also conducted interviews with 22 SES
providers in our site visit districts and others. In addition, we spoke
with staff at Education involved in SES oversight and implementation and
reviewed Education's data on SES. In our surveys and other data collection
efforts, we asked questions about SES implementation during specific
school years; therefore, all years cited refer to school years.

                                   Background

Enactment of NCLBA strengthened accountability by requiring states and
schools to improve the academic performance of their students so that all
students are proficient in reading and math by 2014. Under NCLBA, each
state creates its own content standards, academic achievement tests, and
proficiency levels, and establishes and implements adequate yearly
progress (AYP) goals for districts and schools. Students in specified
grades are tested annually to determine whether districts and schools are
making AYP.

Title I2 authorizes federal funds to help elementary and secondary schools
establish and maintain programs that will improve the educational
opportunities of economically disadvantaged children. Under NCLBA, schools
receiving federal Title I funds are required to implement specific
interventions when they do not meet state AYP goals (see table 1).
Students from low-income families who attend schools receiving Title I
funds that have missed AYP goals for 3 consecutive years are eligible for
SES. Because some schools had not met state goals set under ESEA before
the enactment of NCLBA, some schools receiving Title I funds were first
required to offer SES in 2002-2003, the first year of NCLBA
implementation.

Table 1: NCLBA Interventions for Schools Not Meeting Yearly Performance
Goals over Time

Number of years school       School status in the NCLBA interventions for  
misses performance goals     next year            Title I schools          
First year missed            N/A                  None                     
Second year missed           Needs Improvement -  Required to offer school 
                                First Year           choice                   
Third year missed            Needs Improvement -  Required to offer school 
                                Second Year          choice and SESa          
Fourth year missed           Corrective Actionb   Required to offer school 
                                                     choice and SESa          
Fifth year missed            Planning for         Required to offer school 
                                Restructuringc       choice and SESa          
Sixth year missed            Implementation of    Required to offer school 
                                Restructuring        choice and SES           

Source: GAO analysis of NCLBA.

Note: N/A = not applicable.

aStudents that opt to transfer to another school in the district that is
not in improvement status are not eligible to receive SES, as they are no
longer in a school required to offer these services to its students.

bCorrective action is a significant intervention in a school that is
designed to remedy the school's persistent inability to make adequate
progress toward all students becoming proficient in reading and
mathematics.

cRestructuring is a major reorganization of a school, involving
fundamental reforms, such as significant changes in the school's staffing
and governance. For example, some schools may be converted to charter
schools during restructuring.

2 In this report, we refer to Title I, Part A of ESEA as "Title I." Other
Parts of Title I (Parts B, C, and D) are targeted at specific populations
or purposes and are commonly referred to by their program names, such as
Even Start.

Under NCLBA, SES primarily include tutoring provided outside of the
regular school day that is designed to increase the academic achievement
of economically disadvantaged students in low-performing Title I schools.
These services must consist of high-quality, research-based instruction
that aligns with state educational standards and district curriculum. SES
providers may include nonprofit entities, for-profit entities, school
districts, public schools, public charter schools, private schools, public
or private institutions of higher education, educational service agencies,
and faith-based organizations. However, a district classified as needing
improvement or in corrective action because it failed to meet state AYP
goals for several years may not be an SES provider, though its schools
that are not identified as needing improvement may provide services. In
addition, individual teachers who work in a school or district identified
as in need of improvement may be hired by any state-approved provider to
serve as a tutor in its program.

A district must set aside an amount equal to 20 percent of its Title I
allocation to fund both SES and transportation for students who elect to
attend other schools under school choice. After ensuring all eligible
students have had adequate time to opt to transfer to another school or
apply for SES, the district may reallocate any unused set-aside funds to
other Title I activities. For each student receiving SES, a district must
spend an amount equal to its Title I per-pupil allocation or the actual
cost of provider services, whichever is less.3

Education oversees SES implementation by monitoring states and providing
technical assistance and support. NCLBA, the Title I regulations, and SES
guidance outline the roles and responsibilities states, school districts,
service providers, and parents have in ensuring that eligible students
receive additional academic assistance through SES (see table 2).

3 A state or each of its districts calculates the Title I per pupil
allocation by dividing the district's total Title I, Part A allocation by
the number of children residing within the district aged 5-17 who are from
families below the poverty level, as determined by the most recent Census
Bureau estimates from the Department of Commerce.

Table 2: SES Stakeholder Roles and Responsibilities

Stakeholder     Roles and responsibilities                                 
State           Set criteria and standards for approving providers         
                                                                              
                   Identify, approve, and maintain public list of providers   
                                                                              
                   Ensure that the list of approved providers includes        
                   organizations that are able to serve students with         
                   disabilities and limited English proficiency               
                                                                              
                   Monitor and evaluate the effectiveness of provider         
                   services                                                   
                                                                              
                   Monitor district SES implementation                        
                                                                              
                   Develop and use policy criteria for withdrawing providers  
                   from state-approved list, including if                     
                                                                              
                      o  provider fails for 2 consecutive years to increase   
                      student proficiency relative to state academic content  
                      and achievement standards                               
                      o  provider fails to adhere to applicable health,       
                      safety, and civil rights requirements                   
School district Provide an annual notice to parents, which must identify   
                   available providers; describe the enrollment process and   
                   timeline; describe the services, qualifications, and       
                   demonstrated effectiveness of each provider; and be easily 
                   understandable                                             
                                                                              
                   Help parents choose a provider, if requested               
                                                                              
                   Protect the privacy of students eligible for and receiving 
                   services                                                   
                                                                              
                   Calculate and establish the SES per pupil allocation if    
                   not determined by the state                                
                                                                              
                   Determine which students should receive services if more   
                   students apply for SES than can be served with available   
                   funds                                                      
                                                                              
                   Enter into contracts with providers                        
                                                                              
                   Ensure eligible students with disabilities and eligible    
                   students with limited English proficiency may participate  
                   in SES                                                     
                                                                              
                   At the discretion of the state, may be involved in         
                   collecting data from providers to assist state monitoring  
                   and evaluation activities                                  
Providers       Provide services in accordance with district agreements    
                                                                              
                   Enable students to attain their individual achievement     
                   goals                                                      
                                                                              
                   Measure student progress and inform parents and teachers   
                   of progress made by students                               
                                                                              
                   Ensure non-disclosure of student data to the public        
                                                                              
                   Provide services consistent with applicable health,        
                   safety, and civil rights laws                              
                                                                              
                   Provide services that are secular, neutral, and            
                   non-ideological                                            
Parents         Choose a provider from the state-approved list             
                                                                              
                   Are encouraged to be actively involved in their child's    
                   SES program                                                

Source: GAO, per P.L.107-110, 34 C.F.R. Part 200, or the U.S. Department
of Education, Supplemental Educational Services Non-Regulatory Guidance,
June 2005.

SES Participation Has Increased As Districts Have Taken Steps to Improve Access,
                             but Challenges Remain

SES participation increased between 2003-2004 and 2004-2005, as districts
have taken multiple actions to encourage participation, such as offering
services on or near the school campus or at various times. Most students
receiving services were among the lower achieving students in school.
Despite districts' efforts, challenges to increasing participation remain,
such as notifying parents in a timely and effective manner and ensuring
there are providers to serve certain areas and students.

The SES Participation Rate Increased from 12 to 19 Percent between 2003-2004 and
2004-2005, and Most Participants Were Low Achieving

Nationally, the SES participation rate increased substantially from 12
percent of eligible students receiving SES in 2003-2004 to 19 percent in
2004-2005. In addition, the number of students receiving services almost
quadrupled between 2002-2003 and 2004-2005 from approximately 117,000 to
430,000 students nationwide, based on the best available national data
(see fig. 1).4 This increase may be due in part to the increase in the
number of schools required to offer SES over that time period.

4 Certain states did not submit SES recipient information to Education
through their NCLBA Consolidated State Performance Reports for all years.
Specifically, 2002-2003 data from Kansas and North Dakota, 2003-2004 data
from Pennsylvania, and 2004-2005 data from New Jersey are not included in
figure 1. In addition, 2002-2003 data from New York only include
information from New York City. Further, Education did not collect data on
the number of students eligible for SES in 2002-2003, and therefore, an
estimate of the SES participation rate is unavailable for that year.

Figure 1: Number of Students Receiving SES Nationwide (2002-2003 to
2004-2005)

While approximately 1,000 of the over 14,000 districts nationwide were
required to offer SES in 2004-2005, SES recipients were concentrated in a
small group of large districts-56 percent of recipients attended school in
the 21 districts required to offer SES with more than 100,000 total
enrolled students (see fig. 2). Further, some districts required to offer
SES have no students receiving services. Specifically, we estimate that no
students received services in about 20 percent of the approximately 1,000
districts required to offer SES in 2004-2005. A majority of these
districts were rural or had a total enrollment of fewer than 2,500
students.

Figure 2: School Districts Required to Offer SES in 2004-2005

Nationwide, we estimate that districts required to offer SES spent the
equivalent of 5 percent of their total Title I funds for SES in 2004-2005.
Districts set aside an amount equal to 20 percent of their Title I funds
for SES and choice-related transportation at the beginning of the school
year, and the proportion of the set-aside spent on SES varied by district.
While 38 percent of districts spent no more than one-fifth of their
set-aside to provide SES in 2004-2005,5 others reported that the full
set-aside amount was not sufficient to fund SES for all eligible students
whose parents requested services in 2004-2005. Similarly, according to
Chicago, Ill., district officials, the district budgeted the entire 20
percent Title I set-aside to fund SES in 2005-2006, and because parents'
demand for services significantly exceeded the amount of funding
available, the district also allocated $5 million in local funds to
provide SES.

5 This district estimate has a margin of error that exceeds plus or minus
8 percentage points. See table 9 in appendix I of GAO-06-758 for more
information.

Many students receiving SES in 2004-2005 shared certain characteristics.
For example, districts reported that most students receiving services were
among the lower achieving students in school. Specifically, an estimated
91 percent of the districts that reviewed the academic records of students
receiving SES classified most or all of the students receiving SES as
academically low achieving.6 Further, over half of SES recipients were
elementary school students in the majority of districts, and about 60
percent of schools required to offer SES in 2004-2005 were elementary
schools.7 In some districts, the majority of SES recipients were
African-American or Hispanic. In about 40 percent of districts, over half
of SES recipients were African-American, and in about 30 percent of
districts, over half of SES recipients were Hispanic. However, districts
varied in the percentage of students with limited English proficiency
receiving services, and students with disabilities made up less than 20
percent of students receiving services in about two-thirds of districts.

We estimate that about 2,800 providers delivered services to students
nationwide in 2004-2005, and more providers were available to deliver
services in the districts with the largest student enrollments.8 The
number of providers delivering services in the 21 districts with more than
100,000 total enrolled students ranged from 4 to 45, and averaged 15
providers per district in 2004-2005.

6We did not review the academic achievement records of students receiving
SES or independently verify this information obtained through the district
survey.

7 Many of the district estimates included in this paragraph have a margin
of error that exceeds plus or minus 8 percentage points. See table 9 in
appendix I of GAO-06-758 for more information.

8 In addition to our analysis, the Center on Education Policy reported
that that as of August 2005, more than half of approved SES providers were
private, for-profit entities. See the Center on Education Policy, From the
Capital to the Classroom, Year 4 of the No Child Left Behind Act
(Washington, D.C.: March 2006), for more information.

Districts Used Several Methods to Notify Parents and Offered Services on School
Campuses and at Various Times to Increase Participation

Districts have taken multiple actions to encourage participation, as shown
in table 3. In line with the federal statutory requirement that districts
notify parents in an understandable format of the availability of SES,
over 90 percent of districts provided written information in English, held
individual meetings with parents, and encouraged school staff to talk with
parents about SES. Some districts collaborated with providers to notify
parents. For example, during our site visit, Illinois state officials
described a provider and district sharing administrative resources to
increase participation, which involved the provider printing promotional
materials and the district addressing and mailing the materials to
parents. In addition, we estimate that over 70 percent of districts
lengthened the period of time for parents to turn in SES applications,
held informational events for parents to learn about providers, and
provided written information to parents in languages other than English.
For example, during our site visit to Woodburn, Ore., district officials
reported extending the time parents had to sign up their children for SES
and hosting an event where providers presented their programs to parents
in English and Spanish. Further, Newark, N.J., district officials told us
during our site visit that the district provided transportation for
parents to attend informational events and worked with a local community
organization to increase awareness of SES, a method we estimate was also
used by about 40 percent of all districts. Specifically, Newark district
officials collaborated with a local organization to inform parents and
students living in public housing and homeless shelters about SES. Also to
encourage participation, an estimated 90 percent of districts offered
services at locations easily accessible to students, such as on or near
the school campus, and almost 80 percent of districts offered services at
a variety of times, such as before and after school or on weekends.

Table 3: District Actions Taken to Encourage SES Participation (2005-2006)

                                                       Estimated percentageof 
Action taken during the 2005-2006 school year                    districts 
Provided written information in English to parents                      99 
Held individual meetings and/or phone conversations                     95 
with interested parents                             
Encouraged principals, teachers, or other school                        93 
staff to talk with parents                          
Offered supplemental services in locations that are                     90 
easily accessible to students after school (e.g.,   
on or near the school campus)                       
Offered SES at a variety of times (e.g., after                          79 
school, weekends, summer break)                     
Lengthened the period of time parents have to                           79 
submit applications for SES                         
Held events where parents of eligible students can                      78 
learn about providers                               
Provided written information in language(s) other                       72 
than English about SES to parents                   
Made public announcements (e.g., television,                            67 
billboards, newspaper ads, school newsletters)      
Worked with a local community partner to raise                          39 
awareness of SES (e.g., Parent Information Resource 
Center)                                             
Provided or arranged for transportation of students                     33 
receiving SES to off-site providers                 

Source: GAO analysis of district survey results.

Notifying Parents in a Timely and Effective Manner and Attracting More Providers
for Certain Areas and Students Remain Challenges

Despite some districts' promising approaches to encourage participation,
notifying parents in a timely manner remains a challenge for some
districts. An estimated 58 percent of districts did not notify parents
that their children may be eligible to receive SES before the beginning of
the 2005-2006 school year, which may be due in part to delays in states
reporting which schools were identified for improvement.9 Specifically,
about half of districts that did not notify parents before the beginning
of the 2005-2006 school year did not receive notification from the state
of the schools identified for improvement by that time.10

Effectively notifying parents is also a challenge for some districts. For
example, officials in all four districts we visited reported difficulties
contacting parents to inform them about SES in part because some families
frequently move and do not always update their mailing address with
districts. In addition, some providers we interviewed indicated that
parental notification letters do not always effectively encourage SES
participation. For example, some of the providers we interviewed said some
districts use confusing and poorly written letters to inform parents of
SES or send letters to parents of eligible children but conduct no further
outreach to encourage participation in SES.

9 GAO previously reported that some states have difficulty notifying
schools of their status in meeting proficiency goals in a timely fashion
in part because of the time involved in identifying and correcting errors
in student assessment data. See GAO, No Child Left Behind Act:
Improvements Needed in Education's Process for Tracking States'
Implementation of Key Provisions, GAO-04-734 (Washington, D.C.: Sept. 30,
2004), for more information.

10 This district estimate has a margin of error that exceeds plus or minus
8 percentage points. See table 9 in appendix I of GAO-06-758 for more
information.

Another challenge to increasing SES participation is attracting more SES
providers for certain areas and groups of students. Specifically, some
rural districts surveyed indicated that no students received services last
year because of a lack of providers in the area.11 A few rural districts
further explained that it has been difficult to attract providers to their
area because there are few students to serve or providers have trouble
finding staff to serve as tutors. Ensuring there are providers to serve
students with limited English proficiency or disabilities has also been a
challenge for some districts. We estimate that there were not enough
providers to meet the needs of students with limited English proficiency
in one-third of districts and not enough providers to meet the needs of
students with disabilities in one-quarter of districts.

Encouraging student attendance has also been a challenge, in part because
students may participate in other after-school activities, such as sports
or work. For example, about one-quarter of districts reported that both
competition from other afterschool programs and the availability of
services that are engaging to students were challenges to implementing
SES. To help address this problem, 19 of the 22 providers we interviewed
used incentives to encourage student attendance, such as school supplies
and gift certificates.

11 GAO previously reported that geographic isolation created difficulties
for rural districts in implementing SES. Specifically, rural district
officials stated that traveling long distances to meet providers was not a
viable option and use of online providers was challenging in some small
rural districts where it was difficult to establish and maintain Internet
service. See GAO, No Child Left Behind Act: Additional Assistance and
Research on Effective Strategies Would Help Small Rural Districts,
GAO-04-909 (Washington, D.C.: Sept. 23, 2004), for more details.

  Providers Have Taken Steps to Deliver Quality Services, but Contracting and
             Coordination Remain Challenges to Local Implementation

To promote improved student academic achievement, providers took steps to
gather information on district curriculum and student needs from teachers
and parents. Specifically, providers aligned their curriculum with
district instruction primarily by hiring district teachers and
communicating with the teachers of participating students. However, when
providers did not hire district teachers, the frequency of contact between
tutors and teachers varied, and we estimate that some providers did not
contact teachers in almost 40 percent of districts in 2004-2005. Regarding
communication with parents, providers reported mailing information as well
as meeting with parents over the phone and in-person to communicate
information on student needs and progress; however, the frequency of
communication with parents also varied. Specifically, we estimate that
some providers did not contact parents in about 30 percent of districts in
2004-2005.

Despite communication challenges, most districts and providers reported
that they had positive working relationships. Specifically, an estimated
90 percent of districts indicated that their working relationships with
providers during 2004-2005 were good, very good, or excellent. Further, 90
percent of districts reported that none or few of the providers they
worked with used incentives prohibited by state or district SES policy,
and 89 percent of districts reported that none or few of the providers
they worked with billed the district for services not performed. Many of
the providers we interviewed during our site visits also reported having
positive working relationships with district officials.

While providers have taken steps to deliver quality services and establish
positive relationships with districts, both providers and districts
experienced contracting and coordination difficulties. Regarding
contracting, some of the providers we interviewed said certain districts
imposed burdensome contract requirements, such as requiring substantial
documentation to be submitted with invoices, limiting the marketing they
could do to parents and students, or restricting the use of school
facilities to deliver services. Districts also reported that contracting
is a challenge. We estimate that negotiating contracts with providers was
a moderate, great, or very great challenge in about 40 percent of
districts nationwide. For example, district officials at three of the
sites we visited expressed concern about their lack of authority to set
parameters in provider contracts around costs and program design, such as
tutor-to-student ratios and total hours of instruction. Coordination of
service delivery has also been a challenge for providers and districts,
and sometimes these coordination difficulties have resulted in service
delays. For example, services were delayed or withdrawn in certain schools
in three of the districts we visited because not enough students signed up
to meet the providers' enrollment targets and districts were not aware of
these targets.12

In part because SES is often delivered in school facilities, providers and
officials in the districts and schools we visited reported that
involvement of school administrators and teachers can improve SES delivery
and coordination. Although schools do not have federally defined
responsibilities for administering SES, many officials said SES
implementation is hindered when school officials are not involved. For
example, some providers we interviewed said that a lack of involvement of
school principals can make it difficult for them to coordinate with
schools to encourage student participation. In addition, Illinois and
Oregon school principals told us they found it difficult to manage
afterschool activities because they didn't have sufficient authority to
oversee SES tutors operating in their buildings at that time. While
helping to administer the SES program adds additional administrative
burden on schools, school officials in all four of the districts we
visited said they welcomed a stronger or more clearly defined role.

  States are Increasing SES Monitoring though it Remains A Challenge, and Many
          Continue to Struggle with Developing Meaningful Evaluations

While state monitoring of SES had been limited, more states reported
taking steps to monitor both district and provider efforts to implement
SES in 2005-2006. For example, more states conducted or planned to conduct
on-site reviews of districts and providers in 2005-2006 than had done so
in 2004-2005. In addition to state efforts to monitor providers, districts
have also taken a direct oversight role, and their monitoring activities
similarly increased during this time. For example, while we estimate that
less than half of districts collected information from parents, school
staff, on-site reviews, and students to monitor providers in 2004-2005, 70
percent or more were collecting or planning to collect information from
these sources in 2005-2006. In addition, states and districts both
collected information on several aspects of SES programs, such as elements
related to service delivery and use of funds, to monitor providers (see
table 4). District assistance with monitoring is likely welcomed by
states, as over two-thirds of states reported that on-site monitoring of
providers has been a challenge. During our site visits, officials
explained that both state and district capacity to implement SES is
limited, because there is typically one staff person at each level
coordinating all aspects of SES implementation, and sometimes that person
may also oversee implementation of additional federal education programs.

12 In addition to our analysis, the Center on Education Policy case
studies also found that in some cases, approved providers that initially
expressed interest in serving a certain district later decided not to
provide services because too few students enrolled. See the Center on
Education Policy, From the Capital to the Classroom, Year 4 of the No
Child Left Behind Act (Washington, D.C.: March 2006), for more
information.

Table 4: Percentage of States and Districts That Reviewed Specified
Program Elements to Monitor Providers in 2005-2006

                                                    Estimated percentage of
                        Percentage of states               districts
                                       Monitored                    Monitored 
                                              or                           or 
                               Planned   planned            Planned   planned 
                                    to        to                 to        to 
Program element   Monitored monitor   monitor  Monitored monitor   monitor 
Parent/student                                                             
satisfaction with                                                
a provider               27      67        94         34      57        91
Provider                                                                   
communication                                                    
with teachers and                                                
parents                  37      56        92         46      43        89
Extent to which a                                                          
provider's                                                       
program, as                                                      
enacted, reflects                                                
its program                                                      
design, as                                                       
outlined in its                                                  
application to                                                   
your state               19      73        92         30      41        70
Evidence of                                                                
meeting academic                                                 
achievement goals                                                
as stated on                                                     
student learning                                                 
plan                     23      65        88         28      60        88
Evidence of                                                                
improved student                                                 
achievement based                                                
on any statewide                                                 
assessment               15      71        87         26      65        91
Alignment of                                                               
provider                                                         
curriculum with                                                  
district/school                                                  
curriculum or                                                    
instruction              25      62        87         35      39        74
Student                                                                    
attendance                                                       
records                  27      56        83         67      25        93
Evidence of                                                                
improved student                                                 
achievement based                                                
on provider                                                      
assessments              27      56        83         39      52        91
Protection of                                                              
student privacy          33      50        83         55      28        82
Adherence to                                                               
applicable                                                       
health, safety,                                                  
and civil rights                                                 
laws                     29      48        77         48      26        74
Provider                                                                   
financial                                                        
stability (e.g.,                                                 
audits, financial                                                
statements)              31      42        73        N/A     N/A       N/A
Evidence of                                                                
improved student                                                 
achievement based                                                
on grades,                                                       
promotion, and/or                                                
graduation               12      58        69         23      57        80
Billing and                                                                
payment for                                                      
services                N/A     N/A       N/A         72      21        93

Source: GAO.

Note: The percentage of states that did not review or plan to review these
program elements to monitor providers in 2005-2006 and the percentage of
states that did not answer these survey questions are not shown in this
table. In addition, we did not ask states if they monitored billing and
payment for services, and we did not ask districts if they monitored
provider financial stability.

While states are beginning to increase monitoring of SES implementation,
many states continue to struggle with developing evaluations to determine
whether SES providers are improving student achievement. Specifically,
over three-fourths of states reported that determining sufficient academic
progress of students, having the time and knowledge to analyze SES data,
and developing data systems to track SES information have been challenges
to evaluating SES providers. Although states are required to withdraw
approval from providers that fail to increase student academic achievement
for 2 years, at the time of our survey in early 2006, only a few states
had drafted or completed an evaluation report addressing individual SES
provider's effects on student academic achievement. Further, we found that
no state had produced a report that provided a conclusive assessment of
this effect. Likely because of states' struggle to complete SES
evaluations, states did not report that they had withdrawn approval from
providers because their programs were determined to be ineffective at
increasing student academic achievement.13 Rather, although over 40
percent of states reported that they had withdrawn approval from some
providers, they most frequently reported withdrawing provider approval
because the provider was a school or district that had entered needs
improvement status, the provider asked to be removed from the
state-approved provider list, or because of provider financial
impropriety.

Several Education Offices Monitor and Support SES Implementation, but States and
        Districts Reported Needing Additional Assistance and Flexibility

Several offices within Education monitor various aspects of SES activity
across the country and provide support, but states and districts reported
needing additional assistance and flexibility with SES implementation.
Education conducts SES monitoring in part through reviews of policy issues
brought to the department's attention and structured compliance reviews of
states and districts, and provides SES support through guidance, grants,
research, and technical assistance. The Office of Innovation and
Improvement (OII) and the Office of Elementary and Secondary Education
(OESE) are primarily responsible for monitoring and supporting SES
implementation, while the Office of Inspector General (OIG), Policy
Program and Studies Service, and Faith-Based and Community Initiatives
also contribute to these efforts (see fig. 3).

13 Only one state reported withdrawing approval from one of its providers
because that provider's program was generally ineffective. However, this
provider's program was found to be ineffective because the provider did
not deliver services to all of the students it enrolled. This state also
indicated that it had not yet completed an evaluation of SES's effect on
student academic achievement.

Figure 3: U.S. Department of Education Offices Monitoring and Supporting
SES

Note: This figure reflects the coordination of Education's offices rather
than the statutory reporting relationships.

Specifically, OII leads SES policy development and provides strategic
direction, and its staff also primarily monitor SES policy issues through
"desk monitoring," which involves review of SES-related research and media
reports. In addition to these activities, OII also conducts more intensive
monitoring of specific SES implementation challenges when states,
districts, and providers bring them to Education's attention. Regarding
other support for SES implementation, OII has provided SES implementation
assistance in part through presentations at conferences and grants to
external organizations. For example, OII funded the Supplemental
Educational Services Quality Center (SESQC), which provided technical
assistance to states and districts. OII is also responsible for
coordinating the publication of the non-regulatory SES guidance. Since
2002, OII has coordinated four versions of this guidance, each updated to
address ongoing challenges with SES implementation. The latest and most
comprehensive version of non-regulatory SES guidance was published in June
2005, though additional information was provided to states in May 2006
concerning private school participation in providing SES and the
definition of a district-affiliated provider.

OESE, which oversees and supports NCLBA implementation, is involved in
monitoring SES implementation through its overall monitoring of state
compliance with Title I and NCLBA. To monitor Title I, OESE staff visit
state departments of education and selected districts within each state to
interview officials and review relevant documents. Following the visit,
OESE issues a report to the state outlining any instances of Title I
non-compliance, including those related to SES, and actions needed to
comply with regulations. Since the monitoring cycle began in 2003-2004,
OESE has visited and publicly issued reports to 48 states, D.C., and the
Bureau of Indian Affairs.14 OESE also monitors SES through its oversight
of the collection of state NCLBA data, including data on SES, through the
annual Consolidated State Performance Report (CSPR). For the CSPR, each
state is required to report the number of schools with students receiving
SES, the number of students eligible for services, and the number that
received services.15 To support SES implementation, OESE funded the
Comprehensive Centers Program through grants that established technical
assistance centers across the country to help low-performing schools and
districts close achievement gaps and meet the goals of NCLBA. Of these,
the Center on Innovation and Improvement provides support to states and
districts on SES and other Education programs.

Given the technical assistance and support Education has already provided
to states and districts for implementation of SES and school choice, and
the department's view that implementation of these provisions has been
uneven throughout the country, in May 2006, Education issued a policy
letter announcing the department's plans to take significant enforcement
action. Specifically, Education plans to use the data collected through
its monitoring and evaluation efforts to take enforcement actions such as
placing conditions on state Title I grants, withholding federal funds, or
entering into compliance agreements. In the letter, the department noted
that its various monitoring activities have identified several areas of
noncompliance with SES requirements. For example, because some states
failed to adequately monitor their districts for compliance, some
districts failed to include the required key components in parental
notification letters or budget sufficient funding for services.

14 The federal government has direct responsibility for the Bureau of
Indian Affairs (BIA) school system, and BIA schools depend almost entirely
on federal funds. Similar to public schools, BIA schools are eligible to
receive Title I funds.

15 States have only reported the number of students eligible for SES since
the 2003-2004 CSPR. Also, starting with the 2003-2004 CSPR, Education gave
states the option to report the number of students who applied for SES.

While three-fourths of states reported that the most recent version of
Education's SES non-regulatory guidance has been very or extremely useful,
many states and districts reported needing clearer guidance or additional
assistance with certain SES provisions. Specifically, 85 percent of states
and an estimated 70 percent of districts needed additional assistance with
methods for evaluating SES, and over 60 percent also needed assistance
with developing data systems. Many districts also needed more information
on provider quality and effectiveness. Although OESE and OIG monitoring
results have also continually indicated that states and districts struggle
with SES evaluation, Education has yet to provide comprehensive assistance
in this area, and during our site visits, officials mentioned that they
have been relying on other states, organizations, or individuals for
evaluation assistance. In addition, several states commented through our
survey that they also needed additional guidance on managing costs and
fees, implementing SES in rural areas, and handling provider complaints.
During three of our site visits, officials also expressed some concern
about the lack of clarity in the SES guidance with regard to student
eligibility requirements and how to craft a parental SES notification
letter that is both complete and easy for parents to understand.
Specifically, though Education's monitoring reports have found many states
and districts to be non-compliant with the federal requirement that
district SES parental notification letters include several specific
elements,16 Education's SES guidance provides a sample that does not
clearly specify all of the key elements required by SES law and
regulations. Furthermore, a few state and district officials commented
that, when followed, the SES regulations yield a letter that is
unreasonably long and complex, which may be difficult for parents to
understand.

16 OIG found all six of the states it visited during its audits of state
SES implementation to be deficient with respect to parent notifications.
In addition, in our analysis of the 40 OESE Title I state monitoring
reports publicly issued as of June 2006, we found that OESE cited 9 of the
states it had visited for SES non-compliance with respect to district
parent notifications.

Many states and districts expressed interest in the flexibility offered
through two pilot programs that Education implemented during 2005-2006.
The department designed these pilots to increase the number of eligible
students receiving SES and to generate additional information about the
effect of SES on student academic achievement. For example, several state
and district SES coordinators expressed interest in Education's pilot
program that allowed two districts in needs improvement status to act as
SES providers in exchange for their expansion of student access to SES
providers and collection of achievement data to determine SES program
effectiveness. Through both our surveys and site visits, officials
suggested that allowing districts to act as providers may ease student
access to SES for rural districts that do not have providers located
nearby, allow more students to participate in SES because district costs
to provide services are sometimes lower than other providers' costs, and
enable districts to continue their existing tutoring programs that they
feel are effective and meet the same goals as SES.

The other SES pilot allowed four districts in Virginia to offer SES
instead of school choice in schools that have missed state performance
goals for 2 years and are in their first year of needs improvement. During
our site visits and through our surveys, many states and districts
expressed interest in adjusting the order of the SES and school choice
interventions. Specifically, half of states and over 60 percent of
districts suggested that SES should be made available before school choice
(see table 5). In line with interest in increased flexibility with these
interventions, in May 2006, Education announced that due to the positive
results in Virginia districts under the pilot, the department would extend
and expand this pilot in 2006-2007.

Table 5: State and District Opinion on the Ordering of School Choice and
SES

In percent                                                        
Order of school choice and SES                             States District 
SES should precede school choice                               48       62 
Both school choice and SES should be offered at the same       27       15 
time                                                              
School choice should precede SES                               15       23 

Source: GAO.

Note: 10 percent of states did not respond or were not sure. In addition,
district percentages are estimates.

                             Prior Recommendations

Our August report recommended that Education clarify guidance and provide
additional assistance to states and districts to help them comply with the
federal requirements for parental notification letters and ensure that
letters are easy for parents to understand, collect and disseminate
information on promising practices used by districts to attract providers
for certain areas and groups, and collaborate with school officials to
coordinate local SES implementation. In addition, we recommended that
Education consider expanding its current SES pilot program allowing
selected districts in need of improvement to serve as providers and
clarify state authority to set parameters around service design and costs.
Finally, we also recommended that Education require states to collect and
submit information on the amount spent by districts to provide SES and the
percentage of districts' Title I funds that this amount represents and
provide states with technical assistance and additional guidance on how to
evaluate the effect of SES on student academic achievement.

Education expressed appreciation for our recommendations and cited actions
the department had taken or planned to take to address them. Specifically,
Education outlined several projects under development that may provide
more assistance to states related to parental notification, attracting
providers for certain areas and groups, and involving schools in SES
implementation. Further, after commenting on our report, Education
expanded the pilot allowing districts in need of improvement to apply to
become SES providers. The department also stated that it will consider
further clarifying state authority to set program parameters in the next
update of the SES guidance. Regarding federal and state monitoring of SES,
Education said it will propose that districts report their SES
expenditures to the department and provide more SES evaluation assistance
to states through an updated issue brief as well as technical assistance
provided by the Comprehensive Center on Innovation and Improvement and at
a conference this fall.

Mr. Chairman, this completes my prepared statement. I would be happy to
respond to any questions you or other Members of the Committee may have.

                                  GAO Contacts

For further information regarding this testimony, please contact me at
(202) 512-7215. Individuals making key contributions to this testimony
include Lacinda Ayers and Rachel Frisk.

Related GAO Products

No Child Left Behind Act: Education Actions Needed to Improve Local
Implementation and State Evaluation of Supplemental Educational Services.
GAO-06-758 . Washington, D.C.: August 4, 2006.

No Child Left Behind Act: Assistance from Education Could Help States
Better Measure Progress of Students with Limited English Proficiency.
GAO-06-815 . Washington, D.C.: July 26, 2006.

No Child Left Behind Act: States Face Challenges Measuring Academic Growth
That Education's Initiatives May Help Address. GAO-06-661 . Washington,
D.C.: July 17, 2006.

No Child Left Behind Act: Most Students with Disabilities Participated in
Statewide Assessments, but Inclusion Options Could Be Improved. GAO-05-618
. Washington, D.C.: July 20, 2005

No Child Left Behind Act: Education Needs to Provide Additional Technical
Assistance and Conduct Implementation Studies for School Choice Provision.
GAO-05-7 . Washington, D.C.: December 10, 2004.

No Child Left Behind Act: Improvements Needed in Education's Process for
Tracking States' Implementation of Key Provisions. GAO-04-734 .
Washington, D.C.: September 30, 2004.

No Child Left Behind Act: Additional Assistance and Research on Effective
Strategies Would Help Small Rural Districts. GAO-04-909 . Washington,
D.C.: September 23, 2004.

Disadvantaged Students: Fiscal Oversight of Title I Could Be Improved.
GAO-03-377 . Washington, D.C.: February 28, 2003.

Title I Funding: Poor Children Benefit Though Funding Per Poor Child
Differs. GAO-02-242 . Washington, D.C.: January 31, 2002.

(130611)

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Highlights of GAO-06-1121T, a report to Committee on Education and the
Workforce, House of Representatives

September 21, 2006

NO CHILD LEFT BEHIND ACT

Education Actions Needed to Improve Implementation and Evaluation of
Supplemental Educational Services

SES participation increased from 12 to 19 percent between school years
2003-2004 and 2004-2005. Most students receiving services were among the
lower-achieving students in school. District actions to increase
participation have included greater efforts to notify parents and offering
services on school campuses and at various times. However, timely and
effective notification of parents remains a challenge, as well as
attracting providers to serve certain areas and students, such as rural
districts or students with disabilities.

SES providers took steps to align their curriculum with district
instruction and communicate with teachers and parents, though the extent
of their efforts varied. For example, providers reported their efforts to
communicate with the teachers of participating students, but some
providers did not have any contact with teachers in about 40 percent of
districts. Both providers and district officials experienced challenges
related to contracting and coordination of service delivery. In part
because SES is often delivered in school facilities, providers and
officials in the districts and schools GAO visited reported that
involvement of school administrators and teachers can improve SES
delivery.

State monitoring of district and provider efforts to implement SES had
been limited in past years; however, more states reported conducting
on-site reviews and other monitoring activities during 2005-2006.
Districts have also increased their oversight role. While oversight has
increased, many states struggle with how to evaluate whether SES providers
are improving student achievement. While a few states have completed
evaluations, none provides a conclusive assessment of SES providers'
effect on student academic achievement.

Education conducts SES monitoring in part through policy oversight and
compliance reviews of states and districts, and provides SES support
through written guidance, grants, and technical assistance. Education
monitoring found uneven implementation and compliance with SES provisions,
and states and districts reported needing SES policy clarification and
assistance in certain areas. For example, 85 percent of states reported
needing assistance with methods for evaluating SES. Many states also
voiced interest in Education's pilot programs that increase SES
flexibility, including the recently expanded pilot allowing certain
districts identified as in need of improvement to act as providers.

The No Child Left Behind Act (NCLBA) requires districts with schools
receiving Title I funds that have not met state performance goals for 3
consecutive years to offer low-income students enrolled in these schools
supplemental educational services (SES), such as tutoring. This testimony
discusses early implementation of SES, including (1) how SES participation
changed in recent years; (2) how providers work with districts to deliver
services; (3) how states monitor and evaluate SES; and (4) how the
Department of Education (Education) monitors and supports SES
implementation.

This testimony is based on an August 2006 report (GAO-06-758). For this
report, GAO used the best available data on participation and obtained
more recent information on other SES implementation issues through a state
survey and a district survey, as well as visits to four school districts
and interviews with providers.

What GAO Recommends

The GAO report recommended that Education clarify guidance and disseminate
information on promising practices, consider expanding flexibility and
clarifying state authority over program design, and collect information on
district SES expenditures and provide evaluation assistance. Education
generally supported GAO's recommendations and has taken action to expand
SES flexibility.
*** End of document. ***