TITLE 34 - EDUCATION

SUBTITLE B - REGULATIONS OF THE OFFICES OF THE DEPARTMENT OF EDUCATION

CHAPTER II - OFFICE OF ELEMENTARY AND SECONDARY EDUCATION, DEPARTMENT OF EDUCATION

PART 200 - TITLE I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED

subpart a - IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES

200.45 - Supplemental educational services.

  (a) Definition. Supplemental educational services means tutoring and other supplemental academic enrichment services that are (1) In addition to instruction provided during the school day; (2) Specifically designed to (i) Increase the academic achievement of eligible students as measured by the State's assessment system; and (ii) Enable these children to attain proficiency in meeting State academic achievement standards; and (3) Of high quality and research-based.

  (b) Eligibility. (1) Only students from low-income families are eligible for supplemental educational services.

  (2) The LEA must determine family income on the same basis that the LEA uses to make allocations to schools under subpart A of this part.

  (c) Requirement. (1) If an LEA identifies a school for a second year of improvement under 200.32, corrective action under 200.33, or restructuring under 200.34, the LEA must arrange, consistent with paragraph (d) of this section, for each eligible student in the school to receive supplemental educational services from a State-approved provider selected by the student's parents.

  (2) Except as described in 200.32(d) and 200.33(c), if a school was in school improvement status for two or more consecutive school years or subject to corrective action on January 7, 2002, the State must ensure that the LEA makes available, consistent with paragraph (d) of this section, supplemental educational services to all eligible students not later than the first day of the 20022003 school year.

  (3) The LEA must, consistent with 200.48, continue to make available supplemental educational services to eligible students until the end of the school year in which the LEA is making those services available.

  (4)(i) At the request of an LEA, the SEA may waive, in whole or in part, the requirement that the LEA make available supplemental educational services if the SEA determines that (A) None of the providers of those services on the list approved by the SEA under 200.47 makes those services available in the area served by the LEA or within a reasonable distance of that area; and (B) The LEA provides evidence that it is not otherwise able to make those services available.

  (ii) The SEA must notify the LEA, within 30 days of receiving the LEA's request for a waiver under paragraph (c)(4)(i) of this section, whether it approves or disapproves the request and, if it disapproves, the reasons for the disapproval, in writing.

  (iii) An LEA that receives a waiver must renew its request for that waiver on an annual basis.

  (d) Priority. If the amount of funds available for supplemental educational services is insufficient to provide services to each student whose parents request these services, the LEA must give priority to the lowest-achieving students. (Approved by the Office of Management and Budget under control number 1810 0581) (Authority: 20 U.S.C. 6316) [67 FR 71723, Dec. 2, 2002]