S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7247

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to providing supplemental
  educational services to students  from  low-income  families  who  are
  enrolled  in schools that have failed to make adequate yearly progress
  for two consecutive years

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  intent.  The  legislature  hereby  finds and
declares it necessary to preserve and continue supplemental  educational
services  in  the  state  that provide low-income students with tutoring
free of charge.  This program empowers parents to take an active role in
the education of their children, as  it  is  parents  who  decide  which
state-approved  tutoring  provider  they  will  send  their children to.
Parents are engaged in every aspect of the interventions, and it is  the
parents,  rather  than  the  school district, making decisions for their
children that will help their children catch up to their peers.
  Currently 87,406 low-income students attend failing  schools  in  this
state  and  receive  supplemental  educational  services  tutoring.  The
program is available to all low-income students attending  schools  that
fail  to  meet  Federal  Adequate Yearly Progress for consecutive years.
These are schools that the United States Department of  Education  deems
as failing to meet the basic educational needs of their students. Nearly
66%  of  children  eligible  for the program in this state elect to take
part in the tutoring program. The program  provides  low-income  parents
with  a  range of educational opportunities outside of the normal school
day that help their children improve academically.
  Supplemental educational services is a highly effective way to provide
one-to-one or small group instruction to disadvantaged students. Studies
by the United States Department of Education conclude that the  tutoring
programs lead to significant gains in student achievement in reading and
math.
  The  legislature  hereby  finds  and declares that supplemental educa-
tional services are a proven way to help improve student performance and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15214-02-2

S. 7247                             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;

S. 7247                             3

  (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,

S. 7247                             4

  (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.

S. 7247                             5

  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,

S. 7247                             6

  (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-

S. 7247                             7

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.