(b) School improvement
(1) General requirements
(A) Identification Subject to subparagraph (C), a local educational agency shall identify for
school improvement any elementary
school or secondary
school served under this part that fails, for 2 consecutive years, to make adequate yearly progress as defined in the States plan under section
6311 (b)(2) of this title.
(B) Deadline The identification described in subparagraph (A) shall take place before the beginning of the
school year following such failure to make adequate yearly progress.
(C) Application Subparagraph (A) shall not apply to a
school if almost every
student in each group specified in section
6311 (b)(2)(C)(v) of this title enrolled in such
school is meeting or exceeding the States proficient level of academic achievement.
(D) Targeted assistance schools To determine if an elementary
school or a secondary
school that is conducting a targeted assistance program under section
6315 of this title should be identified for
school improvement, corrective action, or restructuring under this section, a local educational agency may choose to review the progress of only the students in the
school who are served, or are eligible for services, under this part.
(E) Public school choice
(i) In general In the case of a
school identified for
school improvement under this paragraph, the local educational agency shall, not later than the first day of the
school year following such identification, provide all students enrolled in the
school with the option to transfer to another
school">public
school served by the local educational agency, which may include a public
school">charter
school, that has not been identified for
school improvement under this paragraph, unless such an option is prohibited by State law.
(ii) Rule In providing students the option to transfer to another
school">public
school, the local educational agency shall give priority to the lowest achieving children from low-income families, as determined by the local educational agency for purposes of allocating funds to schools under section
6313 (c)(1) of this title.
(F) Transfer Students who use the option to transfer under subparagraph (E) and paragraph (5)(A), (7)(C)(i), or (8)(A)(i) or subsection (c)(10)(C)(vii) of this section shall be enrolled in classes and other activities in the
school">public
school to which the students transfer in the same manner as all other children at the
school">public
school.
(2) Opportunity to review and present evidence; time limit
(A) Identification Before identifying an elementary
school or a secondary
school for
school improvement under paragraphs
(1) or (5)(A), for corrective action under paragraph (7), or for restructuring under paragraph (8), the local educational agency shall provide the
school with an opportunity to review the
school-level data, including academic assessment data, on which the proposed identification is based.
(B) Evidence If the principal of a
school proposed for identification under paragraph (1), (5)(A), (7), or (8) believes, or a majority of the parents of the students enrolled in such
school believe, that the proposed identification is in error for statistical or other substantive reasons, the principal may provide supporting evidence to the local educational agency, which shall consider that evidence before making a final determination.
(C) Final determination Not later than 30 days after a local educational agency provides the
school with the opportunity to review such
school-level data, the local educational agency shall make public a final determination on the status of the
school with respect to the identification.
(3) School plan
(A) Revised plan After the resolution of a review under paragraph (2), each
school identified under paragraph (1) for
school improvement shall, not later than 3 months after being so identified, develop or revise a
school plan, in consultation with parents,
school staff, the local educational agency serving the
school, and outside experts, for approval by such local educational agency. The
school plan shall cover a 2-year period and
(i) incorporate strategies based on scientifically based research that will strengthen the core academic subjects in the
school and address the specific academic issues that caused the
school to be identified for
school improvement, and may include a strategy for the implementation of a comprehensive
school reform model that includes each of the components described in part F of this subchapter;
(ii) adopt policies and practices concerning the schools core academic subjects that have the greatest likelihood of ensuring that all groups of students specified in section
6311 (b)(2)(C)(v) of this title and enrolled in the
school will meet the States proficient level of achievement on the State academic assessment described in section
6311 (b)(3) of this title not later than 12 years after the end of the 20012002
school year;
(iii) provide an assurance that the
school will spend not less than 10 percent of the funds made available to the
school under section
6313 of this title for each fiscal year that the
school is in
school improvement status, for the purpose of providing to the schools teachers and principal high-quality professional development that
(I) directly addresses the academic achievement problem that caused the
school to be identified for
school improvement;
(II) meets the requirements for professional development activities under section
6319 of this title; and
(III) is provided in a manner that affords increased opportunity for participating in that professional development;
(iv) specify how the funds described in clause (iii) will be used to remove the
school from
school improvement status;
(v) establish specific annual, measurable objectives for continuous and substantial progress by each group of students specified in section
6311 (b)(2)(C)(v) of this title and enrolled in the
school that will ensure that all such groups of students will, in accordance with adequate yearly progress as defined in section
6311 (b)(2) of this title, meet the States proficient level of achievement on the State academic assessment described in section
6311 (b)(3) of this title not later than 12 years after the end of the 20012002
school year;
(vi) describe how the
school will provide written notice about the identification to parents of each
student enrolled in such
school, in a format and, to the extent practicable, in a language that the parents can understand;
(vii) specify the responsibilities of the
school, the local educational agency, and the State educational agency serving the
school under the plan, including the technical assistance to be provided by the local educational agency under paragraph (4) and the local educational agencys responsibilities under section
6321 of this title;
(viii) include strategies to promote effective parental involvement in the
school;
(ix) incorporate, as appropriate, activities before
school, after
school, during the summer, and during any extension of the
school year; and
(x) incorporate a teacher mentoring program.
(B) Conditional approval The local educational agency may condition approval of a
school plan under this paragraph on
(i) inclusion of one or more of the corrective actions specified in paragraph (7)(C)(iv); or
(ii) feedback on the
school improvement plan from parents and community leaders.
(C) Plan implementation Except as provided in subparagraph (D), a
school shall implement the
school plan (including a revised plan) expeditiously, but not later than the beginning of the next full
school year following the identification under paragraph (1).
(D) Plan approved during school year Notwithstanding subparagraph (C), if a plan is not approved prior to the beginning of a
school year, such plan shall be implemented immediately upon approval.
(E) Local educational agency approval The local educational agency, within 45 days of receiving a
school plan, shall
(i) establish a peer review process to assist with review of the
school plan; and
(ii) promptly review the
school plan, work with the
school as necessary, and approve the
school plan if the plan meets the requirements of this paragraph.
(4) Technical assistance
(A) In general For each
school identified for
school improvement under paragraph (1), the local educational agency serving the
school shall ensure the provision of technical assistance as the
school develops and implements the
school plan under paragraph (3) throughout the plans duration.
(B) Specific assistance Such technical assistance
(i) shall include assistance in analyzing data from the assessments required under section
6311 (b)(3) of this title, and other examples of
student work, to identify and address problems in instruction, and problems if any, in implementing the parental involvement requirements described in section
6318 of this title, the professional development requirements described in section
6319 of this title, and the responsibilities of the
school and local educational agency under the
school plan, and to identify and address solutions to such problems;
(ii) shall include assistance in identifying and implementing professional development, instructional strategies, and methods of instruction that are based on scientifically based research and that have proven effective in addressing the specific instructional issues that caused the
school to be identified for
school improvement;
(iii) shall include assistance in analyzing and revising the schools budget so that the schools resources are more effectively allocated to the activities most likely to increase
student academic achievement and to remove the
school from
school improvement status; and
(iv) may be provided
(I) by the local educational agency, through mechanisms authorized under section
6317 of this title; or
(II) by the State educational agency, an institution of higher education (that is in full compliance with all the reporting provisions of title II of the Higher Education Act of 1965 [
20 U.S.C.
1021 et seq.]), a private not-for-profit organization or for-profit organization, an educational service agency, or another entity with experience in helping schools improve academic achievement.
(C) Scientifically based research
Technical assistance provided under this section by a local educational agency or an entity approved by that agency shall be based on scientifically based research.
(5) Failure to make adequate yearly progress after identification In the case of any
school served under this part that fails to make adequate yearly progress, as set out in the States plan under section
6311 (b)(2) of this title, by the end of the first full
school year after identification under paragraph (1), the local educational agency serving such
school
(A) shall continue to provide all students enrolled in the
school with the option to transfer to another
school">public
school served by the local educational agency in accordance with subparagraphs (E) and (F);
(B) shall make supplemental educational services available consistent with subsection (e)(1) of this section; and
(C) shall continue to provide technical assistance.
(6) Notice to parents A local educational agency shall promptly provide to a parent or parents (in an understandable and uniform format and, to the extent practicable, in a language the parents can understand) of each
student enrolled in an elementary
school or a secondary
school identified for
school improvement under paragraph (1), for corrective action under paragraph (7), or for restructuring under paragraph (8)
(A) an explanation of what the identification means, and how the
school compares in terms of academic achievement to other elementary schools or secondary schools served by the local educational agency and the State educational agency involved;
(B) the reasons for the identification;
(C) an explanation of what the
school identified for
school improvement is doing to address the problem of low achievement;
(D) an explanation of what the local educational agency or State educational agency is doing to help the
school address the achievement problem;
(E) an explanation of how the parents can become involved in addressing the academic issues that caused the
school to be identified for
school improvement; and
(F) an explanation of the parents option to transfer their child to another
school">public
school under paragraphs (1)(E), (5)(A), (7)(C)(i), (8)(A)(i), and subsection (c)(10)(C)(vii) of this section (with transportation provided by the agency when required by paragraph (9)) or to obtain supplemental educational services for the child, in accordance with subsection (e) of this section.
(7) Corrective action
(A) In general In this subsection, the term corrective action means action, consistent with State law, that
(i) substantially and directly responds to
(I) the consistent academic failure of a
school that caused the local educational agency to take such action; and
(II) any underlying staffing, curriculum, or other problems in the
school; and
(ii) is designed to increase substantially the likelihood that each group of students described in
6311(b)(2)(C) of this title enrolled in the
school identified for corrective action will meet or exceed the States proficient levels of achievement on the State academic assessments described in section
6311 (b)(3) of this title.
(B) System In order to help students served under this part meet challenging State
student academic achievement standards, each local educational agency shall implement a system of corrective action in accordance with subparagraphs (C) through (E).
(C) Role of local educational agency In the case of any
school served by a local educational agency under this part that fails to make adequate yearly progress, as defined by the State under section
6311 (b)(2) of this title, by the end of the second full
school year after the identification under paragraph (1), the local educational agency shall
(i) continue to provide all students enrolled in the
school with the option to transfer to another
school">public
school served by the local educational agency, in accordance with paragraph (1)(E) and (F);
(ii) continue to provide technical assistance consistent with paragraph (4) while instituting any corrective action under clause (iv);
(iii) continue to make supplemental educational services available, in accordance with subsection (e) of this section, to children who remain in the
school; and
(iv) identify the
school for corrective action and take at least one of the following corrective actions:
(I) Replace the
school staff who are relevant to the failure to make adequate yearly progress.
(II) Institute and fully implement a new curriculum, including providing appropriate professional development for all relevant staff, that is based on scientifically based research and offers substantial promise of improving educational achievement for low-achieving students and enabling the
school to make adequate yearly progress.
(III) Significantly decrease management authority at the
school level.
(IV) Appoint an outside expert to advise the
school on its progress toward making adequate yearly progress, based on its
school plan under paragraph (3).
(VI) Restructure the internal organizational structure of the
school.
(D) Delay Notwithstanding any other provision of this paragraph, the local educational agency may delay, for a period not to exceed 1 year, implementation of the requirements under paragraph (5), corrective action under this paragraph, or restructuring under paragraph (8) if the
school makes adequate yearly progress for 1 year or if its failure to make adequate yearly progress is due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the local educational agency or
school. No such period shall be taken into account in determining the number of consecutive years of failure to make adequate yearly progress.
(E) Publication and dissemination The local educational agency shall publish and disseminate information regarding any corrective action the local educational agency takes under this paragraph at a
school
(i) to the public and to the parents of each
student enrolled in the
school subject to corrective action;
(ii) in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand; and
(iii) through such means as the Internet, the media, and public agencies.
(8) Restructuring
(A) Failure to make adequate yearly progress If, after 1 full
school year of corrective action under paragraph (7), a
school subject to such corrective action continues to fail to make adequate yearly progress, then the local educational agency shall
(i) continue to provide all students enrolled in the
school with the option to transfer to another
school">public
school served by the local educational agency, in accordance with paragraph (1)(E) and (F);
(ii) continue to make supplemental educational services available, in accordance with subsection (e) of this section, to children who remain in the
school; and
(iii) prepare a plan and make necessary arrangements to carry out subparagraph (B).
(B) Alternative governance Not later than the beginning of the
school year following the year in which the local educational agency implements subparagraph (A), the local educational agency shall implement one of the following alternative governance arrangements for the
school consistent with State law:
(ii) Replacing all or most of the
school staff (which may include the principal) who are relevant to the failure to make adequate yearly progress.
(iii) Entering into a contract with an entity, such as a private management company, with a demonstrated record of effectiveness, to operate the
school">public
school.
(iv) Turning the operation of the
school over to the State educational agency, if permitted under State law and agreed to by the State.
(v) Any other major restructuring of the schools governance arrangement that makes fundamental reforms, such as significant changes in the schools staffing and governance, to improve
student academic achievement in the
school and that has substantial promise of enabling the
school to make adequate yearly progress as defined in the State plan under section
6311 (b)(2) of this title. In the case of a rural local educational agency with a total of less than 600 students in average daily attendance at the schools that are served by the agency and all of whose schools have a School Locale Code of 7 or 8, as determined by the Secretary, the Secretary shall, at such agencys request, provide technical assistance to such agency for the purpose of implementing this clause.
(C) Prompt notice The local educational agency shall
(i) provide prompt notice to teachers and parents whenever subparagraph (A) or (B) applies; and
(ii) provide the teachers and parents with an adequate opportunity to
(I) comment before taking any action under those subparagraphs; and
(II) participate in developing any plan under subparagraph (A)(iii).
(9) Transportation In any case described in paragraph (1)(E) for schools described in paragraphs (1)(A), (5), (7)(C)(i), and (8)(A), and subsection (c)(10)(C)(vii) of this section, the local educational agency shall provide, or shall pay for the provision of, transportation for the
student to the
school">public
school the
student attends.
(10) Funds for transportation and supplemental educational services
(A) In general Unless a lesser amount is needed to comply with paragraph (9) and to satisfy all requests for supplemental educational services under subsection (e) of this section, a local educational agency shall spend an amount equal to 20 percent of its allocation under subpart 2 of this part, from which the agency shall spend
(i) an amount equal to 5 percent of its allocation under subpart 2 of this part to provide, or pay for, transportation under paragraph (9);
(ii) an amount equal to 5 percent of its allocation under subpart 2 of this part to provide supplemental educational services under subsection (e) of this section; and
(iii) an amount equal to the remaining 10 percent of its allocation under subpart 2 of this part for transportation under paragraph (9), supplemental educational services under subsection (e) of this section, or both, as the agency determines.
(B) Total amount
The total amount described in subparagraph (A)(ii) is the maximum amount the local educational agency shall be required to spend under this part on supplemental educational services described in subsection (e) of this section.
(C) Insufficient funds
If the amount of funds described in subparagraph (A)(ii) or (iii) and available to provide services under this subsection is insufficient to provide supplemental educational services to each child whose parents request the services, the local educational agency shall give priority to providing the services to the lowest-achieving children.
(D) Prohibition A local educational agency shall not, as a result of the application of this paragraph, reduce by more than 15 percent the total amount made available under section
6313 (c) of this title to a
school described in paragraph (7)(C) or (8)(A) of subsection (b) of this section.
(11) Cooperative agreement In any case described in paragraph (1)(E), (5)(A), (7)(C)(i), or (8)(A)(i), or subsection (c)(10)(C)(vii) of this section if all public schools served by the local educational agency to which a child may transfer are identified for
school improvement, corrective action or restructuring, the agency shall, to the extent practicable, establish a cooperative agreement with other local educational agencies in the area for a transfer.
(12) Duration If any
school identified for
school improvement, corrective action, or restructuring makes adequate yearly progress for two consecutive
school years, the local educational agency shall no longer subject the
school to the requirements of
school improvement, corrective action, or restructuring or identify the
school for
school improvement for the succeeding
school year.
(13) Special rule A local educational agency shall permit a child who transferred to another
school under this subsection to remain in that
school until the child has completed the highest grade in that
school. The obligation of the local educational agency to provide, or to provide for, transportation for the child ends at the end of a
school year if the local educational agency determines that the
school from which the child transferred is no longer identified for
school improvement or subject to corrective action or restructuring.
(14) State educational agency responsibilities The State educational agency shall
(A) make technical assistance under section
6317 of this title available to schools identified for
school improvement, corrective action, or restructuring under this subsection consistent with section
6317 (a)(2) of this title;
(B) if the State educational agency determines that a local educational agency failed to carry out its responsibilities under this subsection, take such corrective actions as the State educational agency determines to be appropriate and in compliance with State law;
(C) ensure that academic assessment results under this part are provided to schools before any identification of a
school may take place under this subsection; and
(D) for local educational agencies or schools identified for improvement under this subsection, notify the Secretary of major factors that were brought to the attention of the State educational agency under section
6311 (b)(9) of this title that have significantly affected
student academic achievement.
(c) State review and local educational agency improvement
(1) In general A State shall
(A) annually review the progress of each local educational agency receiving funds under this part to determine whether schools receiving assistance under this part are making adequate yearly progress as defined in section
6311 (b)(2) of this title toward meeting the States
student academic achievement standards and to determine if each local educational agency is carrying out its responsibilities under this section and sections
6317,
6318, and
6319 of this title; and
(B) publicize and disseminate to local educational agencies, teachers and other staff, parents, students, and the community the results of the State review, including statistically sound disaggregated results, as required by section
6311 (b)(2) of this title.
(2) Rewards In the case of a local educational agency that, for 2 consecutive years, has exceeded adequate yearly progress as defined in the State plan under section
6311 (b)(2) of this title, the State may make rewards of the kinds described under section
6317 of this title to the agency.
(3) Identification of local educational agency for improvement A State shall identify for improvement any local educational agency that, for 2 consecutive years, including the period immediately prior to January 8, 2002, failed to make adequate yearly progress as defined in the States plan under section
6311 (b)(2) of this title.
(4) Targeted assistance schools
When reviewing targeted assistance schools served by a local educational agency, a State educational agency may choose to review the progress of only the students in such schools who are served, or are eligible for services, under this part.
(5) Opportunity to review and present evidence
(A) Review
Before identifying a local educational agency for improvement under paragraph (3) or corrective action under paragraph (10), a State educational agency shall provide the local educational agency with an opportunity to review the data, including academic assessment data, on which the proposed identification is based.
(B) Evidence
If the local educational agency believes that the proposed identification is in error for statistical or other substantive reasons, the agency may provide supporting evidence to the State educational agency, which shall consider the evidence before making a final determination not later than 30 days after the State educational agency provides the local educational agency with the opportunity to review such data under subparagraph (A).
(6) Notification to parents The State educational agency shall promptly provide to the parents (in a format and, to the extent practicable, in a language the parents can understand) of each
student enrolled in a
school served by a local educational agency identified for improvement, the results of the review under paragraph (1) and, if the agency is identified for improvement, the reasons for that identification and how parents can participate in upgrading the quality of the local educational agency.
(7) Local educational agency revisions
(A) Plan Each local educational agency identified under paragraph (3) shall, not later than 3 months after being so identified, develop or revise a local educational agency plan, in consultation with parents,
school staff, and others. Such plan shall
(i) incorporate scientifically based research strategies that strengthen the core academic program in schools served by the local educational agency;
(ii) identify actions that have the greatest likelihood of improving the achievement of participating children in meeting the States
student academic achievement standards;
(iii) address the professional development needs of the instructional staff serving the agency by committing to spend not less than 10 percent of the funds received by the local educational agency under subpart 2 of this part for each fiscal year in which the agency is identified for improvement for professional development (including funds reserved for professional development under subsection (b)(3)(A)(iii) of this section), but excluding funds reserved for professional development under section
6319 of this title;
(iv) include specific measurable achievement goals and targets for each of the groups of students identified in the disaggregated data pursuant to section
6311 (b)(2)(C)(v) of this title, consistent with adequate yearly progress as defined under section
6311 (b)(2) of this title;
(v) address the fundamental teaching and learning needs in the schools of that agency, and the specific academic problems of low-achieving students, including a determination of why the local educational agencys prior plan failed to bring about increased
student academic achievement;
(vi) incorporate, as appropriate, activities before
school, after
school, during the summer, and during an extension of the
school year;
(vii) specify the responsibilities of the State educational agency and the local educational agency under the plan, including specifying the technical assistance to be provided by the State educational agency under paragraph (9) and the local educational agencys responsibilities under section
6321 of this title; and
(viii) include strategies to promote effective parental involvement in the
school.
(B) Implementation The local educational agency shall implement the plan (including a revised plan) expeditiously, but not later than the beginning of the next
school year after the
school year in which the agency was identified for improvement.
(9) 3 State educational agency responsibility
(A) Technical or other assistance For each local educational agency identified under paragraph (3), the State educational agency shall provide technical or other assistance if requested, as authorized under section
6317 of this title, to better enable the local educational agency to
(i) develop and implement the local educational agencys plan; and
(ii) work with schools needing improvement.
(B) Methods and strategies Technical assistance provided under this section by the State educational agency or an entity authorized by such agency shall be supported by effective methods and instructional strategies based on scientifically based research. Such technical assistance shall address problems, if any, in implementing the parental involvement activities described in section
6318 of this title and the professional development activities described in section
6319 of this title.
(10) Corrective action In order to help students served under this part meet challenging State
student academic achievement standards, each State shall implement a system of corrective action in accordance with the following:
(A) Definition As used in this paragraph, the term corrective action means action, consistent with State law, that
(i) substantially and directly responds to the consistent academic failure that caused the State to take such action and to any underlying staffing, curricular, or other problems in the agency; and
(ii) is designed to meet the goal of having all students served under this part achieve at the proficient and advanced
student academic achievement levels.
(B) General requirements After providing technical assistance under paragraph (9) and subject to subparagraph (E), the State
(i) may take corrective action at any time with respect to a local educational agency that has been identified under paragraph (3);
(ii) shall take corrective action with respect to any local educational agency that fails to make adequate yearly progress, as defined by the State, by the end of the second full
school year after the identification of the agency under paragraph (3); and
(iii) shall continue to provide technical assistance while instituting any corrective action under clause (i) or (ii).
(C) Certain corrective actions required In the case of a local educational agency identified for corrective action, the State educational agency shall take at least one of the following corrective actions:
(i) Deferring programmatic funds or reducing administrative funds.
(ii) Instituting and fully implementing a new curriculum that is based on State and local academic content and achievement standards, including providing appropriate professional development based on scientifically based research for all relevant staff, that offers substantial promise of improving educational achievement for low-achieving students.
(iii) Replacing the local educational agency personnel who are relevant to the failure to make adequate yearly progress.
(iv) Removing particular schools from the jurisdiction of the local educational agency and establishing alternative arrangements for public governance and supervision of such schools.
(v) Appointing, through the State educational agency, a receiver or trustee to administer the affairs of the local educational agency in place of the superintendent and
school board.
(vi) Abolishing or restructuring the local educational agency.
(vii) Authorizing students to transfer from a
school operated by the local educational agency to a higher-performing
school">public
school operated by another local educational agency in accordance with subsections (b)(1)(E) and (F) of this section, and providing to such students transportation (or the costs of transportation) to such schools consistent with subsection (b)(9) of this section, in conjunction with carrying out not less than one additional action described under this subparagraph.
(D) Hearing
Prior to implementing any corrective action under this paragraph, the State educational agency shall provide notice and a hearing to the affected local educational agency, if State law provides for such notice and hearing. The hearing shall take place not later than 45 days following the decision to implement corrective action.
(E) Notice to parents
The State educational agency shall publish, and disseminate to parents and the public, information on any corrective action the State educational agency takes under this paragraph through such means as the Internet, the media, and public agencies.
(F) Delay
Notwithstanding subparagraph (B)(ii), a State educational agency may delay, for a period not to exceed 1 year, implementation of corrective action under this paragraph if the local educational agency makes adequate yearly progress for 1 year or its failure to make adequate yearly progress is due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the local educational agency. No such period shall be taken into account in determining the number of consecutive years of failure to make adequate yearly progress.
(11) Special rule If a local educational agency makes adequate yearly progress for two consecutive
school years beginning after the date of identification of the agency under paragraph (3), the State educational agency need no longer identify the local educational agency for improvement or subject the local educational agency to corrective action for the succeeding
school year.
(d) Construction Nothing in this section shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded
school or
school district employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers.
(e) Supplemental educational services
(1) Supplemental educational services In the case of any
school described in paragraph (5), (7), or (8) of subsection (b) of this section, the local educational agency serving such
school shall, subject to this subsection, arrange for the provision of supplemental educational services to eligible children in the
school from a provider with a demonstrated record of effectiveness, that is selected by the parents and approved for that purpose by the State educational agency in accordance with reasonable criteria, consistent with paragraph (5), that the State educational agency shall adopt.
(2) Local educational agency responsibilities Each local educational agency subject to this subsection shall
(A) provide, at a minimum, annual notice to parents (in an understandable and uniform format and, to the extent practicable, in a language the parents can understand) of
(i) the availability of services under this subsection;
(ii) the identity of approved providers of those services that are within the local educational agency or whose services are reasonably available in neighboring local educational agencies; and
(iii) a brief description of the services, qualifications, and demonstrated effectiveness of each such provider;
(B) if requested, assist parents in choosing a provider from the list of approved providers maintained by the State;
(C) apply fair and equitable procedures for serving students if the number of spaces at approved providers is not sufficient to serve all students; and
(D) not disclose to the public the identity of any
student who is eligible for, or receiving, supplemental educational services under this subsection without the written permission of the parents of the
student.
(3) Agreement In the case of the selection of an approved provider by a parent, the local educational agency shall enter into an agreement with such provider. Such agreement shall
(A) require the local educational agency to develop, in consultation with parents (and the provider chosen by the parents), a statement of specific achievement goals for the
student, how the students progress will be measured, and a timetable for improving achievement that, in the case of a
student with disabilities, is consistent with the students individualized education program under section
1414 (d) of this title;
(B) describe how the students parents and the students teacher or teachers will be regularly informed of the students progress;
(C) provide for the termination of such agreement if the provider is unable to meet such goals and timetables;
(D) contain provisions with respect to the making of payments to the provider by the local educational agency; and
(E) prohibit the provider from disclosing to the public the identity of any
student eligible for, or receiving, supplemental educational services under this subsection without the written permission of the parents of such
student.
(4) State educational agency responsibilities A State educational agency shall
(A) in consultation with local educational agencies, parents, teachers, and other interested members of the public, promote maximum participation by providers to ensure, to the extent practicable, that parents have as many choices as possible;
(B) develop and apply objective criteria, consistent with paragraph (5), to potential providers that are based on a demonstrated record of effectiveness in increasing the academic proficiency of students in subjects relevant to meeting the State academic content and
student achievement standards adopted under section
6311 (b)(1) of this title;
(C) maintain an updated list of approved providers across the State, by
school district, from which parents may select;
(D) develop, implement, and publicly report on standards and techniques for monitoring the quality and effectiveness of the services offered by approved providers under this subsection, and for withdrawing approval from providers that fail, for 2 consecutive years, to contribute to increasing the academic proficiency of students served under this subsection as described in subparagraph (B); and
(E) provide annual notice to potential providers of supplemental educational services of the opportunity to provide services under this subsection and of the applicable procedures for obtaining approval from the State educational agency to be an approved provider of those services.
(5) Criteria for providers In order for a provider to be included on the State list under paragraph (4)(C), a provider shall agree to carry out the following:
(A) Provide parents of children receiving supplemental educational services under this subsection and the appropriate local educational agency with information on the progress of the children in increasing achievement, in a format and, to the extent practicable, a language that such parents can understand.
(B) Ensure that instruction provided and content used by the provider are consistent with the instruction provided and content used by the local educational agency and State, and are aligned with State
student academic achievement standards.
(C) Meet all applicable Federal, State, and local health, safety, and civil rights laws.
(D) Ensure that all instruction and content under this subsection are secular, neutral, and nonideological.
(6) Amounts for supplemental educational services The amount that a local educational agency shall make available for supplemental educational services for each child receiving those services under this subsection shall be the lesser of
(A) the amount of the agencys allocation under subpart 2 of this part, divided by the number of children from families below the poverty level counted under section
6333 (c)(1)(A) of this title; or
(B) the actual costs of the supplemental educational services received by the child.
(7) Funds provided by State educational agency
Each State educational agency may use funds that the agency reserves under this part, and part A of subchapter V of this chapter, to assist local educational agencies that do not have sufficient funds to provide services under this subsection for all eligible students requesting such services.
(8) Duration The local educational agency shall continue to provide supplemental educational services to a child receiving such services under this subsection until the end of the
school year in which such services were first received.
(9) Prohibition
Nothing contained in this subsection shall permit the making of any payment for religious worship or instruction.
(10) Waiver
(A) Requirement At the request of a local educational agency, a State educational agency may waive, in whole or in part, the requirement of this subsection to provide supplemental educational services if the State educational agency determines that
(i) none of the providers of those services on the list approved by the State educational agency under paragraph (4)(C) makes those services available in the area served by the local educational agency or within a reasonable distance of that area; and
(ii) the local educational agency provides evidence that it is not able to provide those services.
(B) Notification
The State educational agency shall notify the local educational agency, within 30 days of receiving the local educational agencys request for a waiver under subparagraph (A), whether the request is approved or disapproved and, if disapproved, the reasons for the disapproval, in writing.
(11) Special rule
If State law prohibits a State educational agency from carrying out one or more of its responsibilities under paragraph (4) with respect to those who provide, or seek approval to provide, supplemental educational services, each local educational agency in the State shall carry out those responsibilities with respect to its students who are eligible for those services.
(12) Definitions In this subsection
(A) the term eligible child means a child from a low-income family, as determined by the local educational agency for purposes of allocating funds to schools under section
6313 (c)(1) of this title;
(B) the term provider means a non-profit entity, a for-profit entity, or a local educational agency that
(i) has a demonstrated record of effectiveness in increasing
student academic achievement;
(ii) is capable of providing supplemental educational services that are consistent with the instructional program of the local educational agency and the academic standards described under section
6311 of this title; and
(iii) is financially sound; and
(C) the term supplemental educational services means tutoring and other supplemental academic enrichment services that are
(i) in addition to instruction provided during the
school day; and
(ii) are of high quality, research-based, and specifically designed to increase the academic achievement of eligible children on the academic assessments required under section
6311 of this title and attain proficiency in meeting the States academic achievement standards.