NCLB Recommendations #31 and #32
SUBJECT
Supplemental Educational Services (SES) Providers:
School District Authority
P.L. 107-110 PROVISIONS
TITLE I PART A SUBPART 1 SEC. 1116(e)(4)(B); SEC. 1116(e)(4)(D); SEC. 1116(e)(4)(E)
NSBA RECOMMENDATIONS
#31: The state should be required to consult with school districts in developing criteria for SES providers.
#32: The state should be required to develop procedures to enable local school districts to bring complaints regarding the selection and performance of SES providers to prevent an adverse impact on the school or students.
RATIONALE
Current law does not specifically describe a role for school districts in selecting and terminating SES providers locally. Because school districts work closely with providers, they have the knowledge and information on specific providers’ performance and impact on students, therefore should be directly involved in selecting and terminating SES providers.
PROPOSED BILL LANGUAGE
Section 1116(e) (20 U.S.C. 6316(e)) is amended—
In paragraph (4) and subparagraph (B) by inserting after “objective criteria” the following: “(developed through continuous consultation with local educational agencies in the State)”;
In subparagraph (D) by striking “and” at the end;
In subparagraph (E) by striking the period at the end and inserting “; and”; and
By adding at the end the following:
“(F) Develop procedures by which a local educational agency may—
“(i) present complaints and documentation of such complaints to the State educational agency regarding the qualification, operation, and evaluation of approved providers and potential providers seeking such approval; and
“(ii) demonstrate to the State educational agency that any provider should not be authorized to provide supplemental services, as described in this subsection to any school or schools under the jurisdiction of that local educational agency.”
IMPACT OF CURRENT LAW
Currently providers are placed on the state approved list with little, if any, input from local school districts that often have relevant information concerning their performance locally. School districts also have little recourse regarding substantive complaints against the providers even if students do not succeed, forcing the school into the next phase of sanctions. NSBA’s recommendations will allow states and school districts to work together to ensure only quality SES providers are approved
NSBA CONTACT
Reggie Felton, director of federal relations, 703-838-6782 or rfelton@nsba.org.