October 12, 2008
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NCLB Recommendation #29


SUBJECT
Supplemental Educational Services (SES): School District Options

P.L. 107-110 PROVISIONS
TITLE I PART A SUBPART 1 SEC. 1116(b)(1)

NSBA RECOMMENDATIONS
#29: Districts can opt to offer both school choice and SES in the first year of school improvement, instead of offering school choice in the first year and SES in the second.

RATIONALE
School districts should be given more flexibility to offer SES in the first year of improvement because they have unique needs and challenges to address.

PROPOSED BILL LANGUAGE
Section 1116(b)(1) is amended by adding at the end the following:
“(G)* Options.—A local educational agency may offer supplemental services as described in subsection (e) in place of the option to transfer to one or more public schools described in subparagraph (E) for the purposes of meeting the requirements of paragraphs (5)(A), (7)(C)(i), or (8)(A)(i).”;

*Note: (G) is a newly proposed subparagraph, its letter may vary in the final bill.

IMPACT OF CURRENT LAW
The current policy does not immediately deliver extra help to students who need it most. Many students who are low performing can benefit from tutoring in the first year but have to wait until the second year to receive services. The U.S. Department of Education recognized this problem and started a pilot program in 2006 to allow a small number of districts to first offer SES and then school choice in the second year of improvement. However, the pilot program remains limited in scope and should expand to all other districts.

NSBA CONTACT
Reggie Felton, director of federal relations, 703-838-6782 or rfelton@nsba.org.