LBD15214-02-2
A. 9824 2
these services must be maintained while the state is in the process of
creating and implementing systemic reforms to improve student perform-
ance and ensure students graduate college- and career-ready. At a time
when the state is looking to reform its education system, disadvantaged
students struggling individually with academics should not be left with-
out services because they attend a school that has been continuously
failing.
S 2. The education law is amended by adding a new section 3209-b to
read as follows:
S 3209-B. SUPPLEMENTAL EDUCATIONAL SERVICES. 1. FOR THE PURPOSES OF
THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
A. "APPROVED PROVIDER TUTORING" SHALL MEAN A PROVIDER APPROVED BY THE
COMMISSIONER PURSUANT TO THE PROVISIONS OF THIS SECTION FOR PURPOSES OF
INCLUSION ON THE DEPARTMENT'S LIST OF APPROVED SUPPLEMENTAL EDUCATIONAL
SERVICES PROVIDERS.
B. "ELIGIBLE APPLICANT" SHALL MEAN A SCHOOL DISTRICT THAT IS NOT
CURRENTLY IDENTIFIED FOR IMPROVEMENT, CORRECTIVE ACTION OR RESTRUCTURING
PURSUANT TO SECTION 20 U.S.C. SECTION 6316(B)(1)(A), 20 U.S.C. SECTION
6316(B)(7) OR SECTION 1116(B)(8), 20 U.S.C. SECTION 6316(B)(8), RESPEC-
TIVELY, OR A NON-PROFIT ENTITY OR A FOR-PROFIT ENTITY AUTHORIZED TO
PROVIDE THE PROPOSED SERVICES IN THE STATE, INCLUDING, BUT NOT LIMITED
TO, A CHARTER SCHOOL, NONPUBLIC SCHOOL, BOARD OF COOPERATIVE EDUCATIONAL
SERVICES OR COUNTY VOCATIONAL EDUCATION AND EXTENSION BOARD.
C. "ELIGIBLE STUDENT" SHALL MEAN AN ELIGIBLE CHILD, AS DEFINED IN
SECTION 20 U.S.C. SECTION 6316(E)(12)(A) WHO IS ENTITLED TO RECEIVE
SUPPLEMENTAL EDUCATIONAL SERVICES, SUBJECT TO THE PROVISIONS OF SECTION
20 U.S.C. SECTION 6316(B)(10)(C).
D. "ACADEMIC YEAR" SHALL MEAN THE PERIOD COMMENCING ON SEPTEMBER FIRST
AND ENDING ON AUGUST THIRTY-FIRST OF THE NEXT SUCCEEDING CALENDAR YEAR;
AND
E. "SUPPLEMENTAL EDUCATIONAL SERVICES" SHALL HAVE THE SAME MEANING AS
SET FORTH IN 20 U.S.C. SECTION 6316(E)(12)(C).
2. A SCHOOL DISTRICT SHALL MAKE SUPPLEMENTAL EDUCATIONAL SERVICES
AVAILABLE TO ELIGIBLE STUDENTS WHO ATTEND A SCHOOL THAT IS IN SCHOOL
IMPROVEMENT STATUS, A SCHOOL IN CORRECTIVE ACTION STATUS OR A SCHOOL IN
RESTRUCTURING STATUS.
3. THE PER PUPIL SPENDING LIMIT THAT A SCHOOL DISTRICT SHALL PROVIDE
FOR SUPPLEMENTAL EDUCATIONAL SERVICES SHALL BE THE LESSER OF THE FOLLOW-
ING:
A. THE AMOUNT OF THE SCHOOL DISTRICT'S ALLOCATION UNDER TITLE I, PART
A, SUBPART 2 OF THE NO CHILD LEFT BEHIND ACT, DIVIDED BY THE NUMBER OF
CHILDREN FROM FAMILIES BELOW THE POVERTY LEVEL COUNTED UNDER SECTION 20
U.S.C. 6333(C)(1)(A); OR
B. THE ACTUAL COST OF THE SUPPLEMENTAL EDUCATIONAL SERVICES PROVIDED
TO EACH ELIGIBLE STUDENT.
4. A. AN ELIGIBLE APPLICANT THAT SEEKS TO BECOME AN APPROVED PROVIDER
SHALL SUBMIT TO THE COMMISSIONER A WRITTEN APPLICATION IN A FORM AND
WITHIN THE TIME PRESCRIBED BY THE COMMISSIONER.
B. THE COMMISSIONER SHALL APPROVE AN ELIGIBLE APPLICANT FOR INCLUSION
ON THE DEPARTMENT'S LIST OF APPROVED SUPPLEMENTAL EDUCATIONAL SERVICE
PROVIDERS, UPON THE COMMISSIONER'S DETERMINATION THAT ITS APPLICATION
SATISFIES EACH OF THE FOLLOWING CRITERIA:
(I) THE APPLICANT HAS A DEMONSTRATED RECORD OF EFFECTIVENESS IN
INCREASING STUDENT ACADEMIC ACHIEVEMENT IN ENGLISH LANGUAGE ARTS
(INCLUDING READING) AND/OR MATHEMATICS;
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(II) THE INSTRUCTION TO BE PROVIDED AND CONTENT TO BE USED ARE ALIGNED
WITH STATE LEARNING STANDARDS IN THE AREAS OF ENGLISH LANGUAGE ARTS
(INCLUDING READING) AND MATHEMATICS;
(III) INSTRUCTION WILL BE PROVIDED UNDER THE GENERAL SUPERVISION OF A
TEACHER CERTIFIED PURSUANT TO ARTICLE SIXTY-ONE OF THIS TITLE;
(IV) THE SUPPLEMENTAL EDUCATIONAL SERVICES ARE OF HIGH QUALITY,
RESEARCH-BASED AND SPECIFICALLY DESIGNED TO INCREASE THE ACADEMIC
ACHIEVEMENT OF ELIGIBLE STUDENTS ON THE REQUIRED STATE ASSESSMENTS IN
THE AREAS OF ENGLISH LANGUAGE ARTS (INCLUDING READING) AND MATHEMATICS
AND TO ATTAIN PROFICIENCY IN MEETING STATE LEARNING STANDARDS IN THOSE
AREAS;
(V) THE APPLICANT WILL PROVIDE APPROPRIATE ACCOMMODATIONS AND SUPPORTS
TO STUDENTS WITH DISABILITIES TO ENSURE SUCH STUDENTS BENEFIT FROM
SUPPLEMENTAL EDUCATIONAL SERVICES;
(VI) THE SUPPLEMENTAL EDUCATIONAL SERVICES WILL BE PROVIDED OUTSIDE
THE REGULAR SCHOOL DAY INCLUDING, BUT NOT LIMITED TO, BEFORE OR AFTER
SCHOOL, WEEKEND OR SUMMER SESSIONS;
(VII) LETTERS OF REFERENCE FROM PARENTS, SCHOOLS AND/OR OTHER APPRO-
PRIATE PARTIES WHO ARE CURRENT OR FORMER RECIPIENTS OF THE PROVIDER
SERVICES ARE PROVIDED;
(VIII) THE APPLICANT WILL REQUIRE THAT ALL INDIVIDUALS EMPLOYED BY, OR
OTHERWISE ASSOCIATED WITH, THE APPLICANT WHO WILL HAVE DIRECT CONTACT
WITH ELIGIBLE STUDENTS SHALL BE SUBJECT TO THE FINGERPRINT AND CRIMINAL
HISTORY RECORD CHECK REQUIREMENTS CONTAINED IN LAW INCLUDING, BUT NOT
LIMITED TO, THIS CHAPTER;
(IX) THE APPLICANT IS FISCALLY SOUND AND WILL BE ABLE TO FULFILL ITS
AGREEMENT TO PROVIDE SERVICES TO THE ELIGIBLE CHILD AND THE SCHOOL
DISTRICT;
(X) SUPPLEMENTAL EDUCATIONAL SERVICES INSTRUCTION AND CONTENT ARE
SECULAR, NEUTRAL AND NONIDEOLOGICAL;
(XI) THE APPLICANT WILL COMPLY WITH ALL APPLICABLE FEDERAL, STATE AND
LOCAL HEALTH, SAFETY AND CIVIL RIGHTS LAWS;
(XII) THE APPLICANT WILL ASSURE THAT SUPPLEMENTAL EDUCATIONAL SERVICES
ARE AVAILABLE IN LOCATIONS ACCESSIBLE TO INDIVIDUALS WITH DISABILITIES,
TO THE EXTENT REQUIRED BY SECTION 504 OF THE REHABILITATION ACT OF 1973
(29 U.S.C. SECTION 794) AND THE AMERICANS WITH DISABILITIES ACT (42
U.S.C. SECTION 12101 ET SEQ.); AND
(XIII) THE APPLICANT SHALL PROVIDE ADDITIONAL ASSURANCES THAT:
(1) THE INSTRUCTION AND CONTENT USED ARE CONSISTENT WITH THE INSTRUC-
TION PROVIDED AND CONTENT USED BY THE SCHOOL DISTRICT AND STATE, AND ARE
ALIGNED WITH STATE LEARNING STANDARDS IN ENGLISH LANGUAGE ARTS (INCLUD-
ING READING) AND/OR MATHEMATICS,
(2) ELIGIBLE STUDENTS WITH DISABILITIES AND ELIGIBLE STUDENTS WITH
LIMITED ENGLISH PROFICIENCY WILL HAVE EQUAL ACCESS TO SERVICES OFFERED
BY THE APPLICANT,
(3) THE APPLICANT WILL NOT DISCLOSE TO THE PUBLIC THE IDENTITY OF ANY
STUDENT WHO IS ELIGIBLE FOR OR RECEIVING SUPPLEMENTAL EDUCATIONAL
SERVICES WITHOUT THE WRITTEN PERMISSION OF THE PARENTS OF THE STUDENT,
(4) THE APPLICANT WILL NOT IMPOSE ADDITIONAL ADMISSION CRITERIA ON
ELIGIBLE STUDENTS,
(5) THE APPLICANT WILL PROVIDE PARENTS AND TEACHERS OF ELIGIBLE
STUDENTS RECEIVING SUPPLEMENTAL EDUCATIONAL SERVICES AND THE APPROPRIATE
SCHOOL DISTRICT WITH INFORMATION ON THE PROGRESS OF SUCH STUDENTS IN
INCREASING ACHIEVEMENT IN A FORMAT, AND TO THE EXTENT PRACTICABLE, IN A
LANGUAGE OR OTHER MODE OF COMMUNICATION THAT SUCH PARENTS CAN UNDER-
STAND,
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(6) THE APPLICANT HAS ADEQUATE INSURANCE FOR LIABILITY, PROPERTY LOSS
AND PERSONAL INJURY INVOLVING STUDENTS RECEIVING SUPPLEMENTAL EDUCA-
TIONAL SERVICES FROM THE APPLICANT, AND
(7) THE APPLICANT SHALL NOT MAKE ANY OFFER OR ADVERTISEMENT OF
REWARDS, GIFTS, INCENTIVES, GRATUITIES, PAYMENTS OR COMPENSATION OF ANY
KIND TO PARENTS, STUDENTS, SCHOOL DISTRICTS, SCHOOL DISTRICT STAFF
AND/OR SCHOOL STAFF FOR PURPOSES OF OR TENDING TO HAVE THE EFFECT OF,
SOLICITING ENROLLMENT, ENCOURAGING PARENTS TO SWITCH PROVIDERS ONCE
STUDENTS ARE ENROLLED, AND/OR ATTEMPTING TO INFLUENCE PARENTS, STUDENTS,
SCHOOL DISTRICTS, SCHOOL DISTRICT STAFF AND/OR SCHOOL STAFF; PROVIDED
THAT NOTHING HEREIN SHALL BE DEEMED TO PROHIBIT THE USE, AS PART OF THE
INSTRUCTIONAL PROGRAM, OF NOMINAL REWARDS OR INCENTIVES.
C. WHERE AN APPLICANT USES ALTERNATE METHODS FOR DELIVERY OF SERVICES,
WHICH MAY INCLUDE ONLINE, INTERNET-BASED APPROACHES, AS WELL AS OTHER
DISTANCE-LEARNING TECHNOLOGIES, THE PROVISION OF EQUIPMENT, INCLUDING
COMPUTERS, TO STUDENTS TO USE OR KEEP AS A MEANS OF RECEIVING SUCH
SUPPLEMENTAL EDUCATIONAL SERVICES, MUST BE APPROVED BY THE COMMISSIONER
AS PART OF THE APPLICANT'S INSTRUCTIONAL PROGRAM.
5. A. APPROVAL FOR INCLUSION ON THE DEPARTMENT'S LIST OF APPROVED
SUPPLEMENTAL EDUCATIONAL SERVICES PROVIDERS SHALL BE WITHDRAWN FROM A
PROVIDER FOR GOOD CAUSE INCLUDING, BUT NOT LIMITED TO, A DETERMINATION
BY THE COMMISSIONER THAT THE PROVIDER:
(I) IS IN NONCOMPLIANCE WITH ONE OR MORE OF THE CRITERIA FOR APPROVAL
SET FORTH IN PARAGRAPH B OF SUBDIVISION FOUR OF THIS SECTION; AND/OR
(II) HAS FAILED FOR TWO CONSECUTIVE YEARS TO CONTRIBUTE TO INCREASING
THE ACADEMIC PROFICIENCY OF STUDENTS RECEIVING SUPPLEMENTAL EDUCATIONAL
SERVICES FROM SUCH PROVIDER.
B. TERMINATION OF PROVIDER APPROVAL SHALL BE CONDUCTED IN ACCORDANCE
WITH THE FOLLOWING PROCEDURES:
(I) THE COMMISSIONER OR HIS OR HER DESIGNEE SHALL NOTIFY THE PROVIDER
IN WRITING OF THE INTENT TO TERMINATE APPROVAL AT LEAST THIRTY CALENDAR
DAYS PRIOR TO THE EFFECTIVE DATE OF THE TERMINATION, INCLUDING A LIST OF
THE IDENTIFIED DEFICIENCIES AND/OR VIOLATIONS OF STATE OR FEDERAL LAWS
OR REGULATIONS THAT ARE BELIEVED TO EXIST.
(II) THE PROVIDER MAY REPLY IN WRITING WITHIN TEN CALENDAR DAYS OF
RECEIPT OF THE COMMISSIONER'S NOTIFICATION, ADDRESSING THE COMMISSION-
ER'S STATEMENT OF REASONS, INDICATING WHETHER DEFICIENCIES AND/OR
VIOLATIONS EXIST, WHAT STEPS HAVE BEEN TAKEN TO CORRECT CONCEDED DEFI-
CIENCIES AND/OR VIOLATIONS, AND THE TIME PERIOD AND STEPS BY WHICH DEFI-
CIENCIES AND/OR VIOLATIONS WILL BE CORRECTED. IF NO REPLY IS RECEIVED,
TERMINATION AND REMOVAL FROM THE LIST WILL BECOME EFFECTIVE THIRTY
CALENDAR DAYS FROM THE DATE OF RECEIPT OF THE COMMISSIONER'S NOTIFICA-
TION.
(III) WITHIN THREE BUSINESS DAYS OF RECEIPT OF THE COMMISSIONER'S
NOTIFICATION, THE PROVIDER MAY REQUEST ORAL ARGUMENT BEFORE THE COMMIS-
SIONER OR HIS OR HER DESIGNEE.
(IV) AFTER CONSIDERATION OF ANY WRITTEN RESPONSE AND OF ANY ORAL ARGU-
MENT, A DETERMINATION SHALL BE MADE WHETHER APPROVAL SHALL BE TERMI-
NATED. NOTICE OF SUCH DETERMINATION SHALL BE PROVIDED IN WRITING TO THE
PROVIDER.
C. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH B OF THIS SUBDIVISION,
THE COMMISSIONER MAY ISSUE AN EMERGENCY ORDER IMMEDIATELY SUSPENDING THE
PROVISION OF SERVICES UNDER THIS SECTION, PENDING A FINAL DETERMINATION
OF THE PROVIDER'S APPROVAL STATUS, UPON THE COMMISSIONER'S DETERMINATION
THAT AN IMMEDIATE THREAT EXISTS TO THE HEALTH AND/OR SAFETY OF STUDENTS.
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6. A SCHOOL DISTRICT THAT IS REQUIRED TO ARRANGE FOR THE PROVISION OF
SUPPLEMENTAL EDUCATIONAL SERVICES WITH AN APPROVED PROVIDER SHALL:
A. NOTIFY PARENTS OF ELIGIBLE STUDENTS ANNUALLY, IN A FORMAT AND, TO
THE EXTENT PRACTICABLE, IN A LANGUAGE THAT SUCH PARENTS CAN UNDERSTAND,
OF:
(I) THE AVAILABILITY OF SUPPLEMENTAL EDUCATION SERVICES; AND
(II) THE IDENTITY OF APPROVED PROVIDERS OF THOSE SERVICES THAT ARE
WITHIN THE AREA SERVED BY THE SCHOOL DISTRICT, INCLUDING ANY APPROVED
PROVIDERS OF TECHNOLOGY-BASED OR DISTANCE LEARNING SUPPLEMENTAL EDUCA-
TIONAL SERVICES, OR ARE REASONABLY AVAILABLE IN NEIGHBORING SCHOOL
DISTRICTS, TOGETHER WITH A BRIEF DESCRIPTION OF THE SERVICES, QUALIFICA-
TIONS AND DEMONSTRATED EFFECTIVENESS OF EACH SUCH PROVIDER;
B. IF REQUESTED, ASSIST PARENTS IN CHOOSING AN APPROVED PROVIDER;
C. ENSURE THAT IF THE AMOUNT OF FUNDS AVAILABLE PURSUANT TO THE NO
CHILD LEFT BEHIND ACT TO PROVIDE SUPPLEMENTAL EDUCATIONAL SERVICES IS
INSUFFICIENT TO PROVIDE SUCH SERVICES TO EACH ELIGIBLE STUDENT WHOSE
PARENTS REQUEST THE SERVICES, PRIORITY IS GIVEN TO PROVIDING THE
SERVICES TO THE LOWEST ACHIEVING ELIGIBLE STUDENTS;
D. APPLY FAIR AND EQUITABLE PROCEDURES FOR SERVING ELIGIBLE STUDENTS
IF THE NUMBER OF SPACES AT APPROVED PROVIDERS IS NOT SUFFICIENT TO SERVE
ALL SUCH STUDENTS;
E. NOT DISCLOSE TO THE PUBLIC THE IDENTITY OF ANY STUDENT WHO IS
ELIGIBLE FOR, OR RECEIVING, SUPPLEMENTAL EDUCATIONAL SERVICES WITHOUT
THE WRITTEN PERMISSION OF THE PARENTS OF THE STUDENT;
F. ENSURE THAT ELIGIBLE STUDENTS WITH DISABILITIES UNDER THE INDIVID-
UALS WITH DISABILITIES EDUCATION ACT AND ELIGIBLE STUDENTS WHO ARE INDI-
VIDUALS WITH DISABILITIES COVERED BY SECTION 504 OF THE REHABILITATION
ACT OF 1973 (29 U.S.C. SECTION 794) RECEIVE APPROPRIATE SUPPLEMENTAL
EDUCATIONAL SERVICES AND ACCOMMODATIONS IN THE PROVISION OF THOSE
SERVICES;
G. ENSURE THAT ELIGIBLE LIMITED ENGLISH PROFICIENT STUDENTS RECEIVE
APPROPRIATE SUPPLEMENTAL EDUCATIONAL SERVICES AND LANGUAGE ASSISTANCE IN
THE PROVISION OF THOSE SERVICES;
H. CONTACT PROVIDERS SELECTED BY THE PARENTS AND ENTER INTO A CONTRAC-
TUAL AGREEMENT WITH EACH SUCH PROVIDER THAT INCLUDES:
(I) A STATEMENT OF SPECIFIC ACHIEVEMENT GOALS FOR EACH ELIGIBLE
STUDENT BASED UPON SUCH STUDENT'S SPECIFIC EDUCATIONAL NEEDS,
(II) A DESCRIPTION OF HOW EACH SUCH STUDENT'S PROGRESS WILL BE MEAS-
URED,
(III) A TIMETABLE FOR IMPROVING ACHIEVEMENT,
(IV) FOR ELIGIBLE STUDENTS WITH DISABILITIES UNDER THE INDIVIDUALS
WITH DISABILITIES EDUCATION ACT AND ELIGIBLE STUDENTS WHO ARE INDIVID-
UALS WITH DISABILITIES COVERED BY SECTION 504 OF THE REHABILITATION ACT
OF 1973 (29 U.S.C. SECTION 794), THE GOALS, METHOD OF MEASUREMENT AND
TIMETABLE SET FORTH IN THE AGREEMENT MUST BE CONSISTENT WITH SUCH
STUDENT'S INDIVIDUALIZED EDUCATION PROGRAM PURSUANT TO THE INDIVIDUALS
WITH DISABILITIES EDUCATION ACT OR THE STUDENT'S SECTION 504 PLAN, WHERE
APPLICABLE,
(V) THE INITIATION DATE, FREQUENCY AND DURATION OF SERVICES TO BE
PROVIDED,
(VI) THE LOCATION WHERE SERVICES WILL BE PROVIDED,
(VII) A DESCRIPTION OF HOW EACH ELIGIBLE STUDENT'S PARENTS, TEACHERS
AND THE LOCAL SCHOOL DISTRICT WILL BE REGULARLY INFORMED, AT LEAST QUAR-
TERLY, OF THE STUDENT'S PROGRESS,
(VIII) A PROVISION FOR TERMINATION OF THE AGREEMENT IF THE PROVIDER IS
UNABLE TO MEET THE GOALS AND TIMETABLES,
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(IX) A PROVISION THAT THE TERM OF THE AGREEMENT SHALL NOT EXCEED THE
END OF THE ACADEMIC YEAR IN WHICH THE STUDENT FIRST RECEIVED SUCH
SERVICES,
(X) A PROVISION THAT THE AGREEMENT WILL TERMINATE IMMEDIATELY UPON THE
PROVIDER'S REMOVAL FROM THE DEPARTMENT'S LIST OF APPROVED SUPPLEMENTAL
EDUCATIONAL SERVICES PROVIDERS, PURSUANT TO SUBDIVISION FIVE OF THIS
SECTION,
(XI) PAYMENT PROVISIONS BASED ON ELIGIBLE STUDENT ATTENDANCE AND
DELIVERY OF SUPPLEMENTAL EDUCATIONAL SERVICES,
(XII) AN ASSURANCE FROM THE PROVIDER THAT THE IDENTITY OF ANY STUDENT
WHO IS ELIGIBLE FOR OR RECEIVING, SUPPLEMENTAL EDUCATIONAL SERVICES WILL
NOT BE DISCLOSED WITHOUT THE WRITTEN PERMISSION OF THE PARENTS OF THE
STUDENT,
(XIII) A DESCRIPTION OF THE PROGRAM TO BE USED,
(XIV) THE EXPERIENCE AND QUALIFICATIONS OF STAFF RESPONSIBLE FOR THE
DELIVERY OF THE INSTRUCTIONAL PROGRAM, INCLUDING AN ASSURANCE THAT
INSTRUCTION WILL BE PROVIDED UNDER THE GENERAL SUPERVISION OF A TEACHER
CERTIFIED PURSUANT TO ARTICLE SIXTY-ONE OF THIS TITLE,
(XV) PROVISIONS THAT SUBJECT ALL INDIVIDUALS EMPLOYED BY, OR OTHERWISE
ASSOCIATED WITH, THE PROVIDER WHO WILL HAVE DIRECT CONTACT WITH
STUDENTS, TO THE FINGERPRINT AND CRIMINAL HISTORY RECORD CHECK REQUIRE-
MENTS CONTAINED IN LAW, INCLUDING, BUT NOT LIMITED TO, THIS CHAPTER,
(XVI) A REQUIREMENT THAT THE PROVIDER SUBMIT TO THE SCHOOL DISTRICT,
ANNUALLY ON OR BEFORE SEPTEMBER THIRTIETH, A FINAL WRITTEN REPORT IN A
FORM PRESCRIBED BY THE COMMISSIONER THAT SUMMARIZES THE PROGRESS OF
ELIGIBLE STUDENTS PROVIDED WITH SUPPLEMENTAL EDUCATIONAL SERVICES DURING
THE PRECEDING ACADEMIC YEAR, PURSUANT TO ITS AGREEMENTS WITH THE LOCAL
EDUCATIONAL AGENCY, AND
(XVII) A PROVISION STATING: THE PROVIDER IS PROHIBITED FROM MAKING ANY
OFFER OR ADVERTISEMENT OF REWARDS, GIFTS, INCENTIVES, GRATUITIES,
PAYMENTS OR COMPENSATION OF ANY KIND TO PARENTS, STUDENTS, SCHOOL
DISTRICTS, SCHOOL DISTRICT STAFF AND/OR SCHOOL STAFF FOR PURPOSES OF OR
TENDING TO HAVE THE EFFECT OF SOLICITING ENROLLMENT, ENCOURAGING PARENTS
TO SWITCH PROVIDERS ONCE STUDENTS ARE ENROLLED, AND/OR ATTEMPTING TO
INFLUENCE PARENTS, STUDENTS, SCHOOL DISTRICTS, SCHOOL DISTRICT STAFF
AND/OR SCHOOL STAFF; PROVIDED THAT NOTHING HEREIN SHALL BE DEEMED TO
PROHIBIT THE USE, AS PART OF THE INSTRUCTIONAL PROGRAM, OF NOMINAL
REWARDS OR INCENTIVES AS DEFINED IN SECTION 120.4(F)(8)(XVII) OF TITLE
EIGHT OF THE NEW YORK STATE CODES, RULES AND REGULATIONS. FOR PURPOSES
OF THIS SUBPARAGRAPH, A NOMINAL REWARD OR INCENTIVE IS DEFINED AS AN
AWARD OR INCENTIVE THAT:
(1) DOES NOT EXCEED A TOTAL VALUE OF TWENTY-FIVE DOLLARS PER STUDENT
PER YEAR,
(2) IS DIRECTLY LINKED TO DOCUMENTED MEANINGFUL ATTENDANCE BENCHMARKS
AND/OR COMPLETION OF ASSESSMENT AND PROGRAM OBJECTIVES, AND
(3) IS APPROVED BY THE COMMISSIONER AS PART OF THE PROVIDER'S INSTRUC-
TIONAL PROGRAM;
I. MONITOR THE FOLLOWING:
(I) THE QUALITY AND EFFECTIVENESS OF THE SERVICES OFFERED BY EACH
APPROVED PROVIDER THE SCHOOL DISTRICT HAS CONTRACTED WITH, AND
(II) THE RESPONSIBILITIES OF EACH APPROVED PROVIDER WITH WHICH THE
SCHOOL DISTRICT HAS CONTRACTED WITH TO:
(1) ENSURE THAT THE INSTRUCTION PROVIDED AND CONTENT USED ARE CONSIST-
ENT WITH THE INSTRUCTION PROVIDED AND CONTENT USED BY THE SCHOOL
DISTRICT AND THE STATE, AND ARE ALIGNED WITH THE STATE LEARNING STAND-
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ARDS IN THE AREAS OF ENGLISH LANGUAGE ARTS (INCLUDING READING) AND MATH-
EMATICS,
(2) PROVIDE PARENTS AND TEACHERS OF ALL STUDENTS RECEIVING SUPPLE-
MENTAL EDUCATIONAL SERVICES, THE SCHOOL DISTRICT AND THE SCHOOL WITH
INFORMATION ON THE PROGRESS OF THE STUDENTS IN INCREASING ACHIEVEMENT,
IN A FORMAT AND, TO THE EXTENT PRACTICABLE, IN A LANGUAGE THAT SUCH
PARENTS CAN UNDERSTAND,
(3) ENSURE THAT SUPPLEMENTAL EDUCATIONAL SERVICES INSTRUCTION AND
CONTENT ARE SECULAR, NEUTRAL AND NONIDEOLOGICAL AND THAT FUNDS WILL NOT
BE USED FOR RELIGIOUS WORSHIP OR INSTRUCTION,
(4) COMPLY WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL HEALTH, SAFETY
AND CIVIL RIGHTS LAWS, AND
(5) COMPLY WITH THE APPLICABLE CONTRACTUAL AGREEMENT PURSUANT TO PARA-
GRAPH (H) OF THIS SUBDIVISION;
J. NOTIFY THE DEPARTMENT OF ANY NONCOMPLIANCE BY AN APPROVED PROVIDER
WITH RESPECT TO THE PROVIDER'S RESPONSIBILITIES AS LISTED IN SUBPARA-
GRAPH (II) OF PARAGRAPH I OF THIS SUBDIVISION, INCLUDING IMMEDIATE
NOTIFICATION OF THE DEPARTMENT OF ANY NONCOMPLIANCE INVOLVING A THREAT
TO THE HEALTH AND/OR SAFETY OF STUDENTS; AND
K. SUBMIT TO THE DEPARTMENT, ANNUALLY ON OR BEFORE OCTOBER
THIRTY-FIRST, A MONITORING REPORT OF SUPPLEMENTAL EDUCATIONAL SERVICES
PROVIDED DURING THE PRECEDING ACADEMIC YEAR, IN A FORM PRESCRIBED BY THE
COMMISSIONER, TOGETHER WITH A COPY OF EACH PROVIDER'S REPORT PREPARED
PURSUANT TO SUBPARAGRAPH (XVI) OF PARAGRAPH H OF THIS SUBDIVISION.
S 3. This act shall take effect immediately.