[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR200.45]



[Page 467-468]

 

                           TITLE 34--EDUCATION

 

                  CHAPTER II--OFFICE OF ELEMENTARY AND

              SECONDARY EDUCATION, DEPARTMENT OF EDUCATION

 

PART 200_TITLE I_IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED

--Table of Contents

 

    Subpart A_Improving Basic Programs Operated by Local Educational 

                                Agencies

 

Sec.  200.45  Supplemental educational services.



    (a) Definition. ``Supplemental educational services'' means tutoring 

and other supplemental academic enrichment services that are--

    (1) In addition to instruction provided during the school day;

    (2) Specifically designed to--

    (i) Increase the academic achievement of eligible students as 

measured by the State's assessment system; and

    (ii) Enable these children to attain proficiency in meeting State 

academic achievement standards; and

    (3) Of high quality and research-based.

    (b) Eligibility. (1) Only students from low-income families are 

eligible for supplemental educational services.

    (2) The LEA must determine family income on the same basis that the 

LEA uses to make allocations to schools under subpart A of this part.

    (c) Requirement. (1) If an LEA identifies a school for a second year 

of improvement under Sec.  200.32, corrective action under Sec.  200.33, 

or restructuring under Sec.  200.34, the LEA must arrange, consistent 

with paragraph (d) of this section, for each eligible student in the 

school to receive supplemental educational services from a State-

approved provider selected by the student's parents.



[[Page 468]]



    (2) Except as described in Sec. Sec.  200.32(d) and 200.33(c), if a 

school was in school improvement status for two or more consecutive 

school years or subject to corrective action on January 7, 2002, the 

State must ensure that the LEA makes available, consistent with 

paragraph (d) of this section, supplemental educational services to all 

eligible students not later than the first day of the 2002-2003 school 

year.

    (3) The LEA must, consistent with Sec.  200.48, continue to make 

available supplemental educational services to eligible students until 

the end of the school year in which the LEA is making those services 

available.

    (4)(i) At the request of an LEA, the SEA may waive, in whole or in 

part, the requirement that the LEA make available supplemental 

educational services if the SEA determines that--

    (A) None of the providers of those services on the list approved by 

the SEA under Sec.  200.47 makes those services available in the area 

served by the LEA or within a reasonable distance of that area; and

    (B) The LEA provides evidence that it is not otherwise able to make 

those services available.

    (ii) The SEA must notify the LEA, within 30 days of receiving the 

LEA's request for a waiver under paragraph (c)(4)(i) of this section, 

whether it approves or disapproves the request and, if it disapproves, 

the reasons for the disapproval, in writing.

    (iii) An LEA that receives a waiver must renew its request for that 

waiver on an annual basis.

    (d) Priority. If the amount of funds available for supplemental 

educational services is insufficient to provide services to each student 

whose parents request these services, the LEA must give priority to the 

lowest-achieving students.



(Approved by the Office of Management and Budget under control number 

1810-0581)



(Authority: 20 U.S.C. 6316)



[67 FR 71723, Dec. 2, 2002]