Bill Text: NY A09824 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires school districts to provide supplemental education services (independent tutors) to low-income students in failing schools.
Spectrum: Partisan Bill (Democrat 32-1)
Status: (Introduced - Dead) 2012-04-13 - referred to education [A09824 Detail]
Download: New_York-2011-A09824-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
9824
I N A S S E M B L Y
April 13, 2012
___________
Introduced by M. of A. CAMARA -- read once and referred 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:
1 Section 1. Legislative intent. The legislature hereby finds and
2 declares it necessary to preserve and continue supplemental educational
3 services in the state that provide low-income students with tutoring
4 free of charge. This program empowers parents to take an active role in
5 the education of their children, as it is parents who decide which
6 state-approved tutoring provider they will send their children to.
7 Parents are engaged in every aspect of the interventions, and it is the
8 parents, rather than the school district, making decisions for their
9 children that will help their children catch up to their peers.
10 Currently 87,406 low-income students attend failing schools in this
11 state and receive supplemental educational services tutoring. The
12 program is available to all low-income students attending schools that
13 fail to meet Federal Adequate Yearly Progress for consecutive years.
14 These are schools that the United States Department of Education deems
15 as failing to meet the basic educational needs of their students. Nearly
16 66% of children eligible for the program in this state elect to take
17 part in the tutoring program. The program provides low-income parents
18 with a range of educational opportunities outside of the normal school
19 day that help their children improve academically.
20 Supplemental educational services is a highly effective way to provide
21 one-to-one or small group instruction to disadvantaged students. Studies
22 by the United States Department of Education conclude that the tutoring
23 programs lead to significant gains in student achievement in reading and
24 math.
25 The legislature hereby finds and declares that supplemental educa-
26 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
A. 9824 2
1 these services must be maintained while the state is in the process of
2 creating and implementing systemic reforms to improve student perform-
3 ance and ensure students graduate college- and career-ready. At a time
4 when the state is looking to reform its education system, disadvantaged
5 students struggling individually with academics should not be left with-
6 out services because they attend a school that has been continuously
7 failing.
8 S 2. The education law is amended by adding a new section 3209-b to
9 read as follows:
10 S 3209-B. SUPPLEMENTAL EDUCATIONAL SERVICES. 1. FOR THE PURPOSES OF
11 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
12 A. "APPROVED PROVIDER TUTORING" SHALL MEAN A PROVIDER APPROVED BY THE
13 COMMISSIONER PURSUANT TO THE PROVISIONS OF THIS SECTION FOR PURPOSES OF
14 INCLUSION ON THE DEPARTMENT'S LIST OF APPROVED SUPPLEMENTAL EDUCATIONAL
15 SERVICES PROVIDERS.
16 B. "ELIGIBLE APPLICANT" SHALL MEAN A SCHOOL DISTRICT THAT IS NOT
17 CURRENTLY IDENTIFIED FOR IMPROVEMENT, CORRECTIVE ACTION OR RESTRUCTURING
18 PURSUANT TO SECTION 20 U.S.C. SECTION 6316(B)(1)(A), 20 U.S.C. SECTION
19 6316(B)(7) OR SECTION 1116(B)(8), 20 U.S.C. SECTION 6316(B)(8), RESPEC-
20 TIVELY, OR A NON-PROFIT ENTITY OR A FOR-PROFIT ENTITY AUTHORIZED TO
21 PROVIDE THE PROPOSED SERVICES IN THE STATE, INCLUDING, BUT NOT LIMITED
22 TO, A CHARTER SCHOOL, NONPUBLIC SCHOOL, BOARD OF COOPERATIVE EDUCATIONAL
23 SERVICES OR COUNTY VOCATIONAL EDUCATION AND EXTENSION BOARD.
24 C. "ELIGIBLE STUDENT" SHALL MEAN AN ELIGIBLE CHILD, AS DEFINED IN
25 SECTION 20 U.S.C. SECTION 6316(E)(12)(A) WHO IS ENTITLED TO RECEIVE
26 SUPPLEMENTAL EDUCATIONAL SERVICES, SUBJECT TO THE PROVISIONS OF SECTION
27 20 U.S.C. SECTION 6316(B)(10)(C).
28 D. "ACADEMIC YEAR" SHALL MEAN THE PERIOD COMMENCING ON SEPTEMBER FIRST
29 AND ENDING ON AUGUST THIRTY-FIRST OF THE NEXT SUCCEEDING CALENDAR YEAR;
30 AND
31 E. "SUPPLEMENTAL EDUCATIONAL SERVICES" SHALL HAVE THE SAME MEANING AS
32 SET FORTH IN 20 U.S.C. SECTION 6316(E)(12)(C).
33 2. A SCHOOL DISTRICT SHALL MAKE SUPPLEMENTAL EDUCATIONAL SERVICES
34 AVAILABLE TO ELIGIBLE STUDENTS WHO ATTEND A SCHOOL THAT IS IN SCHOOL
35 IMPROVEMENT STATUS, A SCHOOL IN CORRECTIVE ACTION STATUS OR A SCHOOL IN
36 RESTRUCTURING STATUS.
37 3. THE PER PUPIL SPENDING LIMIT THAT A SCHOOL DISTRICT SHALL PROVIDE
38 FOR SUPPLEMENTAL EDUCATIONAL SERVICES SHALL BE THE LESSER OF THE FOLLOW-
39 ING:
40 A. THE AMOUNT OF THE SCHOOL DISTRICT'S ALLOCATION UNDER TITLE I, PART
41 A, SUBPART 2 OF THE NO CHILD LEFT BEHIND ACT, DIVIDED BY THE NUMBER OF
42 CHILDREN FROM FAMILIES BELOW THE POVERTY LEVEL COUNTED UNDER SECTION 20
43 U.S.C. 6333(C)(1)(A); OR
44 B. THE ACTUAL COST OF THE SUPPLEMENTAL EDUCATIONAL SERVICES PROVIDED
45 TO EACH ELIGIBLE STUDENT.
46 4. A. AN ELIGIBLE APPLICANT THAT SEEKS TO BECOME AN APPROVED PROVIDER
47 SHALL SUBMIT TO THE COMMISSIONER A WRITTEN APPLICATION IN A FORM AND
48 WITHIN THE TIME PRESCRIBED BY THE COMMISSIONER.
49 B. THE COMMISSIONER SHALL APPROVE AN ELIGIBLE APPLICANT FOR INCLUSION
50 ON THE DEPARTMENT'S LIST OF APPROVED SUPPLEMENTAL EDUCATIONAL SERVICE
51 PROVIDERS, UPON THE COMMISSIONER'S DETERMINATION THAT ITS APPLICATION
52 SATISFIES EACH OF THE FOLLOWING CRITERIA:
53 (I) THE APPLICANT HAS A DEMONSTRATED RECORD OF EFFECTIVENESS IN
54 INCREASING STUDENT ACADEMIC ACHIEVEMENT IN ENGLISH LANGUAGE ARTS
55 (INCLUDING READING) AND/OR MATHEMATICS;
A. 9824 3
1 (II) THE INSTRUCTION TO BE PROVIDED AND CONTENT TO BE USED ARE ALIGNED
2 WITH STATE LEARNING STANDARDS IN THE AREAS OF ENGLISH LANGUAGE ARTS
3 (INCLUDING READING) AND MATHEMATICS;
4 (III) INSTRUCTION WILL BE PROVIDED UNDER THE GENERAL SUPERVISION OF A
5 TEACHER CERTIFIED PURSUANT TO ARTICLE SIXTY-ONE OF THIS TITLE;
6 (IV) THE SUPPLEMENTAL EDUCATIONAL SERVICES ARE OF HIGH QUALITY,
7 RESEARCH-BASED AND SPECIFICALLY DESIGNED TO INCREASE THE ACADEMIC
8 ACHIEVEMENT OF ELIGIBLE STUDENTS ON THE REQUIRED STATE ASSESSMENTS IN
9 THE AREAS OF ENGLISH LANGUAGE ARTS (INCLUDING READING) AND MATHEMATICS
10 AND TO ATTAIN PROFICIENCY IN MEETING STATE LEARNING STANDARDS IN THOSE
11 AREAS;
12 (V) THE APPLICANT WILL PROVIDE APPROPRIATE ACCOMMODATIONS AND SUPPORTS
13 TO STUDENTS WITH DISABILITIES TO ENSURE SUCH STUDENTS BENEFIT FROM
14 SUPPLEMENTAL EDUCATIONAL SERVICES;
15 (VI) THE SUPPLEMENTAL EDUCATIONAL SERVICES WILL BE PROVIDED OUTSIDE
16 THE REGULAR SCHOOL DAY INCLUDING, BUT NOT LIMITED TO, BEFORE OR AFTER
17 SCHOOL, WEEKEND OR SUMMER SESSIONS;
18 (VII) LETTERS OF REFERENCE FROM PARENTS, SCHOOLS AND/OR OTHER APPRO-
19 PRIATE PARTIES WHO ARE CURRENT OR FORMER RECIPIENTS OF THE PROVIDER
20 SERVICES ARE PROVIDED;
21 (VIII) THE APPLICANT WILL REQUIRE THAT ALL INDIVIDUALS EMPLOYED BY, OR
22 OTHERWISE ASSOCIATED WITH, THE APPLICANT WHO WILL HAVE DIRECT CONTACT
23 WITH ELIGIBLE STUDENTS SHALL BE SUBJECT TO THE FINGERPRINT AND CRIMINAL
24 HISTORY RECORD CHECK REQUIREMENTS CONTAINED IN LAW INCLUDING, BUT NOT
25 LIMITED TO, THIS CHAPTER;
26 (IX) THE APPLICANT IS FISCALLY SOUND AND WILL BE ABLE TO FULFILL ITS
27 AGREEMENT TO PROVIDE SERVICES TO THE ELIGIBLE CHILD AND THE SCHOOL
28 DISTRICT;
29 (X) SUPPLEMENTAL EDUCATIONAL SERVICES INSTRUCTION AND CONTENT ARE
30 SECULAR, NEUTRAL AND NONIDEOLOGICAL;
31 (XI) THE APPLICANT WILL COMPLY WITH ALL APPLICABLE FEDERAL, STATE AND
32 LOCAL HEALTH, SAFETY AND CIVIL RIGHTS LAWS;
33 (XII) THE APPLICANT WILL ASSURE THAT SUPPLEMENTAL EDUCATIONAL SERVICES
34 ARE AVAILABLE IN LOCATIONS ACCESSIBLE TO INDIVIDUALS WITH DISABILITIES,
35 TO THE EXTENT REQUIRED BY SECTION 504 OF THE REHABILITATION ACT OF 1973
36 (29 U.S.C. SECTION 794) AND THE AMERICANS WITH DISABILITIES ACT (42
37 U.S.C. SECTION 12101 ET SEQ.); AND
38 (XIII) THE APPLICANT SHALL PROVIDE ADDITIONAL ASSURANCES THAT:
39 (1) THE INSTRUCTION AND CONTENT USED ARE CONSISTENT WITH THE INSTRUC-
40 TION PROVIDED AND CONTENT USED BY THE SCHOOL DISTRICT AND STATE, AND ARE
41 ALIGNED WITH STATE LEARNING STANDARDS IN ENGLISH LANGUAGE ARTS (INCLUD-
42 ING READING) AND/OR MATHEMATICS,
43 (2) ELIGIBLE STUDENTS WITH DISABILITIES AND ELIGIBLE STUDENTS WITH
44 LIMITED ENGLISH PROFICIENCY WILL HAVE EQUAL ACCESS TO SERVICES OFFERED
45 BY THE APPLICANT,
46 (3) THE APPLICANT WILL NOT DISCLOSE TO THE PUBLIC THE IDENTITY OF ANY
47 STUDENT WHO IS ELIGIBLE FOR OR RECEIVING SUPPLEMENTAL EDUCATIONAL
48 SERVICES WITHOUT THE WRITTEN PERMISSION OF THE PARENTS OF THE STUDENT,
49 (4) THE APPLICANT WILL NOT IMPOSE ADDITIONAL ADMISSION CRITERIA ON
50 ELIGIBLE STUDENTS,
51 (5) THE APPLICANT WILL PROVIDE PARENTS AND TEACHERS OF ELIGIBLE
52 STUDENTS RECEIVING SUPPLEMENTAL EDUCATIONAL SERVICES AND THE APPROPRIATE
53 SCHOOL DISTRICT WITH INFORMATION ON THE PROGRESS OF SUCH STUDENTS IN
54 INCREASING ACHIEVEMENT IN A FORMAT, AND TO THE EXTENT PRACTICABLE, IN A
55 LANGUAGE OR OTHER MODE OF COMMUNICATION THAT SUCH PARENTS CAN UNDER-
56 STAND,
A. 9824 4
1 (6) THE APPLICANT HAS ADEQUATE INSURANCE FOR LIABILITY, PROPERTY LOSS
2 AND PERSONAL INJURY INVOLVING STUDENTS RECEIVING SUPPLEMENTAL EDUCA-
3 TIONAL SERVICES FROM THE APPLICANT, AND
4 (7) THE APPLICANT SHALL NOT MAKE ANY OFFER OR ADVERTISEMENT OF
5 REWARDS, GIFTS, INCENTIVES, GRATUITIES, PAYMENTS OR COMPENSATION OF ANY
6 KIND TO PARENTS, STUDENTS, SCHOOL DISTRICTS, SCHOOL DISTRICT STAFF
7 AND/OR SCHOOL STAFF FOR PURPOSES OF OR TENDING TO HAVE THE EFFECT OF,
8 SOLICITING ENROLLMENT, ENCOURAGING PARENTS TO SWITCH PROVIDERS ONCE
9 STUDENTS ARE ENROLLED, AND/OR ATTEMPTING TO INFLUENCE PARENTS, STUDENTS,
10 SCHOOL DISTRICTS, SCHOOL DISTRICT STAFF AND/OR SCHOOL STAFF; PROVIDED
11 THAT NOTHING HEREIN SHALL BE DEEMED TO PROHIBIT THE USE, AS PART OF THE
12 INSTRUCTIONAL PROGRAM, OF NOMINAL REWARDS OR INCENTIVES.
13 C. WHERE AN APPLICANT USES ALTERNATE METHODS FOR DELIVERY OF SERVICES,
14 WHICH MAY INCLUDE ONLINE, INTERNET-BASED APPROACHES, AS WELL AS OTHER
15 DISTANCE-LEARNING TECHNOLOGIES, THE PROVISION OF EQUIPMENT, INCLUDING
16 COMPUTERS, TO STUDENTS TO USE OR KEEP AS A MEANS OF RECEIVING SUCH
17 SUPPLEMENTAL EDUCATIONAL SERVICES, MUST BE APPROVED BY THE COMMISSIONER
18 AS PART OF THE APPLICANT'S INSTRUCTIONAL PROGRAM.
19 5. A. APPROVAL FOR INCLUSION ON THE DEPARTMENT'S LIST OF APPROVED
20 SUPPLEMENTAL EDUCATIONAL SERVICES PROVIDERS SHALL BE WITHDRAWN FROM A
21 PROVIDER FOR GOOD CAUSE INCLUDING, BUT NOT LIMITED TO, A DETERMINATION
22 BY THE COMMISSIONER THAT THE PROVIDER:
23 (I) IS IN NONCOMPLIANCE WITH ONE OR MORE OF THE CRITERIA FOR APPROVAL
24 SET FORTH IN PARAGRAPH B OF SUBDIVISION FOUR OF THIS SECTION; AND/OR
25 (II) HAS FAILED FOR TWO CONSECUTIVE YEARS TO CONTRIBUTE TO INCREASING
26 THE ACADEMIC PROFICIENCY OF STUDENTS RECEIVING SUPPLEMENTAL EDUCATIONAL
27 SERVICES FROM SUCH PROVIDER.
28 B. TERMINATION OF PROVIDER APPROVAL SHALL BE CONDUCTED IN ACCORDANCE
29 WITH THE FOLLOWING PROCEDURES:
30 (I) THE COMMISSIONER OR HIS OR HER DESIGNEE SHALL NOTIFY THE PROVIDER
31 IN WRITING OF THE INTENT TO TERMINATE APPROVAL AT LEAST THIRTY CALENDAR
32 DAYS PRIOR TO THE EFFECTIVE DATE OF THE TERMINATION, INCLUDING A LIST OF
33 THE IDENTIFIED DEFICIENCIES AND/OR VIOLATIONS OF STATE OR FEDERAL LAWS
34 OR REGULATIONS THAT ARE BELIEVED TO EXIST.
35 (II) THE PROVIDER MAY REPLY IN WRITING WITHIN TEN CALENDAR DAYS OF
36 RECEIPT OF THE COMMISSIONER'S NOTIFICATION, ADDRESSING THE COMMISSION-
37 ER'S STATEMENT OF REASONS, INDICATING WHETHER DEFICIENCIES AND/OR
38 VIOLATIONS EXIST, WHAT STEPS HAVE BEEN TAKEN TO CORRECT CONCEDED DEFI-
39 CIENCIES AND/OR VIOLATIONS, AND THE TIME PERIOD AND STEPS BY WHICH DEFI-
40 CIENCIES AND/OR VIOLATIONS WILL BE CORRECTED. IF NO REPLY IS RECEIVED,
41 TERMINATION AND REMOVAL FROM THE LIST WILL BECOME EFFECTIVE THIRTY
42 CALENDAR DAYS FROM THE DATE OF RECEIPT OF THE COMMISSIONER'S NOTIFICA-
43 TION.
44 (III) WITHIN THREE BUSINESS DAYS OF RECEIPT OF THE COMMISSIONER'S
45 NOTIFICATION, THE PROVIDER MAY REQUEST ORAL ARGUMENT BEFORE THE COMMIS-
46 SIONER OR HIS OR HER DESIGNEE.
47 (IV) AFTER CONSIDERATION OF ANY WRITTEN RESPONSE AND OF ANY ORAL ARGU-
48 MENT, A DETERMINATION SHALL BE MADE WHETHER APPROVAL SHALL BE TERMI-
49 NATED. NOTICE OF SUCH DETERMINATION SHALL BE PROVIDED IN WRITING TO THE
50 PROVIDER.
51 C. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH B OF THIS SUBDIVISION,
52 THE COMMISSIONER MAY ISSUE AN EMERGENCY ORDER IMMEDIATELY SUSPENDING THE
53 PROVISION OF SERVICES UNDER THIS SECTION, PENDING A FINAL DETERMINATION
54 OF THE PROVIDER'S APPROVAL STATUS, UPON THE COMMISSIONER'S DETERMINATION
55 THAT AN IMMEDIATE THREAT EXISTS TO THE HEALTH AND/OR SAFETY OF STUDENTS.
A. 9824 5
1 6. A SCHOOL DISTRICT THAT IS REQUIRED TO ARRANGE FOR THE PROVISION OF
2 SUPPLEMENTAL EDUCATIONAL SERVICES WITH AN APPROVED PROVIDER SHALL:
3 A. NOTIFY PARENTS OF ELIGIBLE STUDENTS ANNUALLY, IN A FORMAT AND, TO
4 THE EXTENT PRACTICABLE, IN A LANGUAGE THAT SUCH PARENTS CAN UNDERSTAND,
5 OF:
6 (I) THE AVAILABILITY OF SUPPLEMENTAL EDUCATION SERVICES; AND
7 (II) THE IDENTITY OF APPROVED PROVIDERS OF THOSE SERVICES THAT ARE
8 WITHIN THE AREA SERVED BY THE SCHOOL DISTRICT, INCLUDING ANY APPROVED
9 PROVIDERS OF TECHNOLOGY-BASED OR DISTANCE LEARNING SUPPLEMENTAL EDUCA-
10 TIONAL SERVICES, OR ARE REASONABLY AVAILABLE IN NEIGHBORING SCHOOL
11 DISTRICTS, TOGETHER WITH A BRIEF DESCRIPTION OF THE SERVICES, QUALIFICA-
12 TIONS AND DEMONSTRATED EFFECTIVENESS OF EACH SUCH PROVIDER;
13 B. IF REQUESTED, ASSIST PARENTS IN CHOOSING AN APPROVED PROVIDER;
14 C. ENSURE THAT IF THE AMOUNT OF FUNDS AVAILABLE PURSUANT TO THE NO
15 CHILD LEFT BEHIND ACT TO PROVIDE SUPPLEMENTAL EDUCATIONAL SERVICES IS
16 INSUFFICIENT TO PROVIDE SUCH SERVICES TO EACH ELIGIBLE STUDENT WHOSE
17 PARENTS REQUEST THE SERVICES, PRIORITY IS GIVEN TO PROVIDING THE
18 SERVICES TO THE LOWEST ACHIEVING ELIGIBLE STUDENTS;
19 D. APPLY FAIR AND EQUITABLE PROCEDURES FOR SERVING ELIGIBLE STUDENTS
20 IF THE NUMBER OF SPACES AT APPROVED PROVIDERS IS NOT SUFFICIENT TO SERVE
21 ALL SUCH STUDENTS;
22 E. NOT DISCLOSE TO THE PUBLIC THE IDENTITY OF ANY STUDENT WHO IS
23 ELIGIBLE FOR, OR RECEIVING, SUPPLEMENTAL EDUCATIONAL SERVICES WITHOUT
24 THE WRITTEN PERMISSION OF THE PARENTS OF THE STUDENT;
25 F. ENSURE THAT ELIGIBLE STUDENTS WITH DISABILITIES UNDER THE INDIVID-
26 UALS WITH DISABILITIES EDUCATION ACT AND ELIGIBLE STUDENTS WHO ARE INDI-
27 VIDUALS WITH DISABILITIES COVERED BY SECTION 504 OF THE REHABILITATION
28 ACT OF 1973 (29 U.S.C. SECTION 794) RECEIVE APPROPRIATE SUPPLEMENTAL
29 EDUCATIONAL SERVICES AND ACCOMMODATIONS IN THE PROVISION OF THOSE
30 SERVICES;
31 G. ENSURE THAT ELIGIBLE LIMITED ENGLISH PROFICIENT STUDENTS RECEIVE
32 APPROPRIATE SUPPLEMENTAL EDUCATIONAL SERVICES AND LANGUAGE ASSISTANCE IN
33 THE PROVISION OF THOSE SERVICES;
34 H. CONTACT PROVIDERS SELECTED BY THE PARENTS AND ENTER INTO A CONTRAC-
35 TUAL AGREEMENT WITH EACH SUCH PROVIDER THAT INCLUDES:
36 (I) A STATEMENT OF SPECIFIC ACHIEVEMENT GOALS FOR EACH ELIGIBLE
37 STUDENT BASED UPON SUCH STUDENT'S SPECIFIC EDUCATIONAL NEEDS,
38 (II) A DESCRIPTION OF HOW EACH SUCH STUDENT'S PROGRESS WILL BE MEAS-
39 URED,
40 (III) A TIMETABLE FOR IMPROVING ACHIEVEMENT,
41 (IV) FOR ELIGIBLE STUDENTS WITH DISABILITIES UNDER THE INDIVIDUALS
42 WITH DISABILITIES EDUCATION ACT AND ELIGIBLE STUDENTS WHO ARE INDIVID-
43 UALS WITH DISABILITIES COVERED BY SECTION 504 OF THE REHABILITATION ACT
44 OF 1973 (29 U.S.C. SECTION 794), THE GOALS, METHOD OF MEASUREMENT AND
45 TIMETABLE SET FORTH IN THE AGREEMENT MUST BE CONSISTENT WITH SUCH
46 STUDENT'S INDIVIDUALIZED EDUCATION PROGRAM PURSUANT TO THE INDIVIDUALS
47 WITH DISABILITIES EDUCATION ACT OR THE STUDENT'S SECTION 504 PLAN, WHERE
48 APPLICABLE,
49 (V) THE INITIATION DATE, FREQUENCY AND DURATION OF SERVICES TO BE
50 PROVIDED,
51 (VI) THE LOCATION WHERE SERVICES WILL BE PROVIDED,
52 (VII) A DESCRIPTION OF HOW EACH ELIGIBLE STUDENT'S PARENTS, TEACHERS
53 AND THE LOCAL SCHOOL DISTRICT WILL BE REGULARLY INFORMED, AT LEAST QUAR-
54 TERLY, OF THE STUDENT'S PROGRESS,
55 (VIII) A PROVISION FOR TERMINATION OF THE AGREEMENT IF THE PROVIDER IS
56 UNABLE TO MEET THE GOALS AND TIMETABLES,
A. 9824 6
1 (IX) A PROVISION THAT THE TERM OF THE AGREEMENT SHALL NOT EXCEED THE
2 END OF THE ACADEMIC YEAR IN WHICH THE STUDENT FIRST RECEIVED SUCH
3 SERVICES,
4 (X) A PROVISION THAT THE AGREEMENT WILL TERMINATE IMMEDIATELY UPON THE
5 PROVIDER'S REMOVAL FROM THE DEPARTMENT'S LIST OF APPROVED SUPPLEMENTAL
6 EDUCATIONAL SERVICES PROVIDERS, PURSUANT TO SUBDIVISION FIVE OF THIS
7 SECTION,
8 (XI) PAYMENT PROVISIONS BASED ON ELIGIBLE STUDENT ATTENDANCE AND
9 DELIVERY OF SUPPLEMENTAL EDUCATIONAL SERVICES,
10 (XII) AN ASSURANCE FROM THE PROVIDER THAT THE IDENTITY OF ANY STUDENT
11 WHO IS ELIGIBLE FOR OR RECEIVING, SUPPLEMENTAL EDUCATIONAL SERVICES WILL
12 NOT BE DISCLOSED WITHOUT THE WRITTEN PERMISSION OF THE PARENTS OF THE
13 STUDENT,
14 (XIII) A DESCRIPTION OF THE PROGRAM TO BE USED,
15 (XIV) THE EXPERIENCE AND QUALIFICATIONS OF STAFF RESPONSIBLE FOR THE
16 DELIVERY OF THE INSTRUCTIONAL PROGRAM, INCLUDING AN ASSURANCE THAT
17 INSTRUCTION WILL BE PROVIDED UNDER THE GENERAL SUPERVISION OF A TEACHER
18 CERTIFIED PURSUANT TO ARTICLE SIXTY-ONE OF THIS TITLE,
19 (XV) PROVISIONS THAT SUBJECT ALL INDIVIDUALS EMPLOYED BY, OR OTHERWISE
20 ASSOCIATED WITH, THE PROVIDER WHO WILL HAVE DIRECT CONTACT WITH
21 STUDENTS, TO THE FINGERPRINT AND CRIMINAL HISTORY RECORD CHECK REQUIRE-
22 MENTS CONTAINED IN LAW, INCLUDING, BUT NOT LIMITED TO, THIS CHAPTER,
23 (XVI) A REQUIREMENT THAT THE PROVIDER SUBMIT TO THE SCHOOL DISTRICT,
24 ANNUALLY ON OR BEFORE SEPTEMBER THIRTIETH, A FINAL WRITTEN REPORT IN A
25 FORM PRESCRIBED BY THE COMMISSIONER THAT SUMMARIZES THE PROGRESS OF
26 ELIGIBLE STUDENTS PROVIDED WITH SUPPLEMENTAL EDUCATIONAL SERVICES DURING
27 THE PRECEDING ACADEMIC YEAR, PURSUANT TO ITS AGREEMENTS WITH THE LOCAL
28 EDUCATIONAL AGENCY, AND
29 (XVII) A PROVISION STATING: THE PROVIDER IS PROHIBITED FROM MAKING ANY
30 OFFER OR ADVERTISEMENT OF REWARDS, GIFTS, INCENTIVES, GRATUITIES,
31 PAYMENTS OR COMPENSATION OF ANY KIND TO PARENTS, STUDENTS, SCHOOL
32 DISTRICTS, SCHOOL DISTRICT STAFF AND/OR SCHOOL STAFF FOR PURPOSES OF OR
33 TENDING TO HAVE THE EFFECT OF SOLICITING ENROLLMENT, ENCOURAGING PARENTS
34 TO SWITCH PROVIDERS ONCE STUDENTS ARE ENROLLED, AND/OR ATTEMPTING TO
35 INFLUENCE PARENTS, STUDENTS, SCHOOL DISTRICTS, SCHOOL DISTRICT STAFF
36 AND/OR SCHOOL STAFF; PROVIDED THAT NOTHING HEREIN SHALL BE DEEMED TO
37 PROHIBIT THE USE, AS PART OF THE INSTRUCTIONAL PROGRAM, OF NOMINAL
38 REWARDS OR INCENTIVES AS DEFINED IN SECTION 120.4(F)(8)(XVII) OF TITLE
39 EIGHT OF THE NEW YORK STATE CODES, RULES AND REGULATIONS. FOR PURPOSES
40 OF THIS SUBPARAGRAPH, A NOMINAL REWARD OR INCENTIVE IS DEFINED AS AN
41 AWARD OR INCENTIVE THAT:
42 (1) DOES NOT EXCEED A TOTAL VALUE OF TWENTY-FIVE DOLLARS PER STUDENT
43 PER YEAR,
44 (2) IS DIRECTLY LINKED TO DOCUMENTED MEANINGFUL ATTENDANCE BENCHMARKS
45 AND/OR COMPLETION OF ASSESSMENT AND PROGRAM OBJECTIVES, AND
46 (3) IS APPROVED BY THE COMMISSIONER AS PART OF THE PROVIDER'S INSTRUC-
47 TIONAL PROGRAM;
48 I. MONITOR THE FOLLOWING:
49 (I) THE QUALITY AND EFFECTIVENESS OF THE SERVICES OFFERED BY EACH
50 APPROVED PROVIDER THE SCHOOL DISTRICT HAS CONTRACTED WITH, AND
51 (II) THE RESPONSIBILITIES OF EACH APPROVED PROVIDER WITH WHICH THE
52 SCHOOL DISTRICT HAS CONTRACTED WITH TO:
53 (1) ENSURE THAT THE INSTRUCTION PROVIDED AND CONTENT USED ARE CONSIST-
54 ENT WITH THE INSTRUCTION PROVIDED AND CONTENT USED BY THE SCHOOL
55 DISTRICT AND THE STATE, AND ARE ALIGNED WITH THE STATE LEARNING STAND-
A. 9824 7
1 ARDS IN THE AREAS OF ENGLISH LANGUAGE ARTS (INCLUDING READING) AND MATH-
2 EMATICS,
3 (2) PROVIDE PARENTS AND TEACHERS OF ALL STUDENTS RECEIVING SUPPLE-
4 MENTAL EDUCATIONAL SERVICES, THE SCHOOL DISTRICT AND THE SCHOOL WITH
5 INFORMATION ON THE PROGRESS OF THE STUDENTS IN INCREASING ACHIEVEMENT,
6 IN A FORMAT AND, TO THE EXTENT PRACTICABLE, IN A LANGUAGE THAT SUCH
7 PARENTS CAN UNDERSTAND,
8 (3) ENSURE THAT SUPPLEMENTAL EDUCATIONAL SERVICES INSTRUCTION AND
9 CONTENT ARE SECULAR, NEUTRAL AND NONIDEOLOGICAL AND THAT FUNDS WILL NOT
10 BE USED FOR RELIGIOUS WORSHIP OR INSTRUCTION,
11 (4) COMPLY WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL HEALTH, SAFETY
12 AND CIVIL RIGHTS LAWS, AND
13 (5) COMPLY WITH THE APPLICABLE CONTRACTUAL AGREEMENT PURSUANT TO PARA-
14 GRAPH (H) OF THIS SUBDIVISION;
15 J. NOTIFY THE DEPARTMENT OF ANY NONCOMPLIANCE BY AN APPROVED PROVIDER
16 WITH RESPECT TO THE PROVIDER'S RESPONSIBILITIES AS LISTED IN SUBPARA-
17 GRAPH (II) OF PARAGRAPH I OF THIS SUBDIVISION, INCLUDING IMMEDIATE
18 NOTIFICATION OF THE DEPARTMENT OF ANY NONCOMPLIANCE INVOLVING A THREAT
19 TO THE HEALTH AND/OR SAFETY OF STUDENTS; AND
20 K. SUBMIT TO THE DEPARTMENT, ANNUALLY ON OR BEFORE OCTOBER
21 THIRTY-FIRST, A MONITORING REPORT OF SUPPLEMENTAL EDUCATIONAL SERVICES
22 PROVIDED DURING THE PRECEDING ACADEMIC YEAR, IN A FORM PRESCRIBED BY THE
23 COMMISSIONER, TOGETHER WITH A COPY OF EACH PROVIDER'S REPORT PREPARED
24 PURSUANT TO SUBPARAGRAPH (XVI) OF PARAGRAPH H OF THIS SUBDIVISION.
25 S 3. This act shall take effect immediately.
