Page 1 of 2California Department of Education
dsib-iad-nov12item03 / ITEM #19
/ CALIFORNIA STATE BOARD OF EDUCATION
NOVEMBER 2012 AGENDA
SUBJECTElementary and Secondary Education Act: Supplemental Educational Services Providers: Approval of Additional Local Educational Agencies Identified for Improvement as Providers to the 2012–14 State Board of Education-Approved Supplemental Educational Services Provider List Based on Appeal and Based on a Waiver Request Under Title I, Part A Section 9401 of the Elementary and Secondary Education Act. / Action
SUMMARY OF THE ISSUE(S)
Section 1116(e)(4)(C) of the Elementary and Secondary Education Act (ESEA) requires the State Educational Agency (SEA) to develop and maintain a list of approved Supplemental Educational Services (SES) providers to provide services to eligible students.
The California Department of Education (CDE) recommends the State Board of Education (SBE) approve local educational agencies (LEAs) identified for improvement or corrective action as SES providers based on appeal for a two-year period beginning July 1, 2012, through June 30, 2014. The summary list of LEAs recommended forapproval is provided as Attachment2.
BRIEF HISTORY OF KEY ISSUES
Title I, Part A Section 1116(e)(1) and (4) of the ESEA requires an SES provider be approved by the SBE before offering tutoring services to low-income students attending schools advancing to Program Improvement (PI) Year 2 and beyond. The CDE has established and maintained a list of SBE-approved SES providers since June 2003.
The 34 Code of Federal Regulations (34 CFR)Section 200.47(b)(1)(iv)(A) and (B) prohibits an SEA from approving requests to provide SES services from LEAs identified for improvement or corrective action.However, the SEA may request a waiver of these provisions. A waiver request was submitted to the U.S. Department of Education (ED) on May 2, 2012. On August 17, 2012, ED granted the request for a two-year period. The response letter from ED is provided as Attachment 1.
SUMMARYOF PREVIOUS STATE BOARD OF EDUCATION DISCUSSION AND ACTION
At its July 2011 and January 2012 meetings, the SBE approved 21 PI LEAs based on an approved waiver of 34 CFR Section 200.47(b)(1)(iv)(A) and (B) granted for the 2011–12 school year.
At its January 2010 meeting, the SBE approved 14 PI LEAs based on an approved waiver for the 2009–10 school year.
FISCAL ANALYSIS (AS APPROPRIATE)
There is no fiscal impact to the state.
Attachment 1:August 17, 2012, letter from Deborah S. Delisle, Assistant Secretary, Office of Elementary and Secondary Education, U.S. Department of Education, regarding California’s waiver to approve a school or a local educational agency identified for improvement, corrective action, or restructuring to serve as a supplemental educational service provider in the 2012–13 and 2013–14 school years (2 Pages)
Attachment 2:California Department of Education Recommended 2012–14 Local Educational Agencies Identified for Improvement Supplemental Educational Services Provider List Recommended on Appeal (1 Page)
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California Department of Education
Recommended 2012–14 Local Educational Agencies Identified for Improvement Supplemental Educational Services Provider List Recommended on AppealLocal Educational Agencies / English-Language Arts / Math / Science / English Learners / SWD / Year Identified for Improvement
AnaheimCitySchool District / x / x / x / 2004–05
Konocti Unified School District / x / x / x / x / 2010–11
LivermoreValley Joint Unified School District / x / x / x / x / 2010–11
Long Beach Unified School District / x / x / x / 2007–08
Newport-Mesa Unified School District / x / x / x / x / 2011–12
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