[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: 34CFR200.47]



[Page 469-470]

 

                           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.  200.47  SEA responsibilities for supplemental educational services.



    (a) If one or more LEAs in a State are required to make available 

supplemental educational services under Sec.  200.39(b)(3), Sec.  

200.42(b)(3), or Sec.  200.43(b)(2), the SEA for that State must do the 

following:

    (1)(i) In consultation with affected LEAs, parents, teachers, and 

other interested members of the public, promote participation by as many 

providers as possible.

    (ii) This promotion must include annual notice to potential 

providers of--

    (A) The opportunity to provide supplemental educational services; 

and

    (B) Procedures for obtaining the SEA's approval to be a provider of 

those services.

    (2) Consistent with paragraph (b) of this section, develop and apply 

to potential providers objective criteria.

    (3) Maintain by LEA an updated list of approved providers, including 

any technology-based or distance-learning providers, from which parents 

may select.

    (4) Develop, implement, and publicly report on standards and 

techniques for--

    (i) Monitoring the quality and effectiveness of the services offered 

by each approved provider; and

    (ii) Withdrawing approval from a provider that fails, for two 

consecutive years, to contribute to increasing the academic proficiency 

of students receiving supplemental educational services from that 

provider.

    (5) Ensure that eligible students with disabilities under IDEA and 

students covered under Section 504 receive appropriate supplemental 

educational services and accommodations in the provision of those 

services.

    (6) Ensure that eligible students who have limited English 

proficiency receive appropriate supplemental educational services and 

language assistance in the provision of those services.

    (b) Standards for approving providers. (1) As used in this section 

and in Sec.  200.46, ``provider'' means a non-profit entity, a for-

profit entity, an LEA, an educational service agency, a public school, 

including a public charter school, or a private school that--

    (i) Has a demonstrated record of effectiveness in increasing the 

academic achievement of students in subjects relevant to meeting the 

State's academic content and student achievement standards described 

under Sec.  200.1;

    (ii) Is capable of providing supplemental educational services that 

are consistent with the instructional program of the LEA and with the 

State academic content standards and State student achievement standards 

described under Sec.  200.1;

    (iii) Is financially sound; and

    (iv) In the case of--

    (A) A public school, has not been identified under Sec. Sec.  

200.32, 200.33, or 200.34; or

    (B) An LEA, has not been identified under Sec.  200.50(d) or (e).

    (2) In order for the SEA to include a provider on the State list, 

the provider must agree to--

    (i)(A) Provide parents of each student receiving supplemental 

educational services and the appropriate LEA with information on the 

progress of the student in increasing achievement; and



[[Page 470]]



    (B) This information must be in an understandable and uniform 

format, including alternative formats upon request, and, to the extent 

practicable, in a language that the parents can understand;

    (ii) Ensure that the instruction the provider gives and the content 

the provider uses--

    (A) Are consistent with the instruction provided and the content 

used by the LEA and the SEA;

    (B) Are aligned with State student academic achievement standards; 

and

    (C) Are secular, neutral, and nonideological; and

    (iii) Meet all applicable Federal, State, and local health, safety, 

and civil rights laws.

    (3) As a condition of approval, a State may not require a provider 

to hire only staff who meet the requirements under Sec. Sec.  200.55 and 

200.56.



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

1810-0581)



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



[67 FR 71725, Dec. 2, 2002]