34 C.F.R. § 200.47 SEA responsibilities for supplemental educational services.
Title 34 - Education
(a) If one or more LEAs in a State are required to make available supplemental educational services under §200.39(b)(3), §200.42(b)(3), or §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 §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 §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 §200.1; (iii) Is financially sound; and (iv) In the case of— (A) A public school, has not been identified under §§200.32, 200.33, or 200.34; or (B) An LEA, has not been identified under §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 (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 §§200.55 and 200.56. (Authority: 20 U.S.C. 6316(e)) [67 FR 71725, Dec. 2, 2002]
Title 34: Education
PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED
Subpart A—Improving Basic Programs Operated by Local Educational Agencies
LEA and School Improvement
§ 200.47 SEA responsibilities for supplemental educational services.
