NCLB Recommendation #34
SUBJECT
Supplemental Educational Services (SES) Providers:
School District Options
P.L 107-110 PROVISIONS
TITLE I PART A SUBPART 1 SEC. 1116(e)(12) and SEC.1116(e)(13)
NSBA RECOMMENDATION
#34: School districts should not be denied the opportunity to provide SES solely because they did not make AYP or they are in improvement, corrective action or restructuring status.
RATIONALE
The U.S. Department of Education’s policy to prohibit school districts identified for improvement from providing SES is an unnecessary restriction, resulting in costlier programs provided by private vendors using the same teachers and facilities that would be available with the school district as a provider. Although ED has already allowed very few school districts in improvement to provide SES, it has not remedied the problem for the overwhelming majority of school districts.
PROPOSED BILL LANGUAGE
Section 1116(e) is amended—
By redesignating paragraph (12) as paragraph (13); and
By inserting after paragraph (11) the following:
“(12) Local Educational Agency As Providers.—Nothing in this section prohibits a local educational agency that has failed to make adequate yearly progress or is in improvement, corrective action, or restructuring status pursuant to subsection (c) from providing supplemental services, solely due to such failure. In developing and applying objective criteria under paragraph (4)(B) and withdrawing approval for providers under paragraph (4)(D), a State educational agency may not consider whether a local educational agency made adequate yearly progress or its status under subsection(c).”
IMPACT OF CURRENT LAW
The U.S. Department of Education imposed the policy to prohibit school districts identified for improvement from providing SES for students, although such restriction is not in the law. This unnecessary restriction resulted in costlier programs and reduced the number of students served. Some school districts have paid three times more in per-pupil cost for SES provided by private vendors than services provided by the school district. In addition, many private providers hire the same teachers as tutors as the school district would if it was allowed to provide SES. With limited resources, school districts are forced to spend more funds that can otherwise be used on other Title I activities.
NSBA CONTACT
Reggie Felton, director of federal relations, 703-838-6782 or rfelton@nsba.org.