I 

110TH CONGRESS 

1ST SESSION H. R. 2203 

To amend the Elementary and Secondary Education Act of 1965 to increase 

student access and participation in supplemental educational services, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 8, 2007 

Mr. MCKEON (for himself, Mr. HOEKSTRA, Mr. BISHOP of Utah, Mr. 

WALBERG, Mr. FORTUN ̃O, Mr. BOEHNER, Mr. WILSON of South Carolina, Mr. BOUSTANY, and Mr. MARCHANT) introduced the following bill; 

which was referred to the Committee on Education and Labor 

A BILL 

To amend the Elementary and Secondary Education Act 

of 1965 to increase student access and participation in 

supplemental educational services, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Improving Supple5 mental Education by Ensuring Parental Awareness Act’’. 


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1 SEC. 2. INCREASING STUDENT ACCESS AND PARTICIPA2 TION IN SUPPLEMENTAL EDUCATIONAL 

3 SERVICES. 

4 Section 1116(b) of the Elementary and Secondary 

5 Education Act of 1965 (20 U.S.C. 6316(b)) is amended— 

6 (1) in paragraph (1) by striking subparagraph 

7 (E) and inserting the following: 

8 ‘‘(E) PUBLIC SCHOOL CHOICE AND SUP9 PLEMENTAL EDUCATION SERVICES.— 

10 ‘‘(i) IN GENERAL.—In the case of a 

11 school identified for school improvement 

12 under this paragraph, the local educational 

13 agency shall, not later than the first day of 

14 the school year following such identifica15 tion, provide all eligible students enrolled 

16 in the school with the option— 

17 ‘‘(I) to transfer to another public 

18 school served by the local educational 

19 agency and described in clause (ii), 

20 which may include a public charter 

21 school, that has not been identified for 

22 school improvement under this para23 graph, unless such an option is pro24 hibited by State law; and 


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1 ‘‘(II) to receive supplemental 

2 educational services, available con3 sistent with subsection (e)(1). 

4 ‘‘(ii) SPECIAL RULE.—In providing 

5 students the option to transfer to another 

6 public school under clause (i)(I), the local 

7 educational agency shall give priority to 

8 the lowest achieving children from low-in9 come families, as determined by the local 

10 educational agency for purposes of allo11 cating funds to schools under section 

12 1113(c)(1).’’; 

13 (2) in paragraph (10)(A) by striking ‘‘spend an 

14 amount equal to’’ and inserting ‘‘set aside and 

15 spend’’; and 

16 (3) in paragraph (10) by inserting after sub17 paragraph (D) the following: 

18 ‘‘(E) FUNDING.—The funds described in 

19 subparagraph (A) shall be made available for 

20 the year in which the funding is set aside or 

21 otherwise allocated and shall, notwithstanding 

22 section 1127(a), remain available until such 

23 funds are expended (subject to section 421(b) 

24 of the General Education Provisions Act) on 

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1 section (e), transportation costs under para2 graph (9), or parent outreach and assistance 

3 under paragraph (10)(C), unless— 

4 ‘‘(i) the local educational agency has 

5 provided the State educational agency with 

6 evidence satisfactory to the State edu7 cational agency that at least 75 percent of 

8 the students eligible for supplemental edu9 cational services have received or affirma10 tively declined those services; or 

11 ‘‘(ii) the State educational agency ap12 proves a local educational agency request 

13 to spend a lesser amount based on a State 

14 review of the agency’s demonstrated suc15 cess in— 

16 ‘‘(I) making significant progress 

17 in meeting the requirements of clause 

18 (i); 

19 ‘‘(II) partnering with community20 based organizations and other groups 

21 to help inform eligible students and 

22 their families of the availability of 

23 supplemental educational services; 

24 ‘‘(III) ensuring that all eligible 

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1 plemental educational services 

2 throughout the course of the school 

3 year and the summer; and 

4 ‘‘(IV) meeting the requirements 

5 of subsection (e)(2)(E) and 

6 (e)(2)(F).’’. 

7 SEC. 3. ENSURING ACCOUNTABILITY AND PROVIDER EF8 FECTIVENESS AND EXPANDING RESOURCES 

9 FOR STATE AND LOCAL IMPLEMENTATION OF 

10 SUPPLEMENTAL EDUCATIONAL SERVICES. 

11 (a) FUNDS FOR SCHOOL IMPROVEMENT.—Section 

12 1003(b) of the Elementary and Secondary Education Act 

13 of 1965 (20 U.S.C. 6303(b)) is amended— 

14 (1) in paragraph (1) by striking ‘‘or’’ at the 

15 end; 

16 (2) in paragraph (2) by striking the period at 

17 the end and inserting ‘‘; or’’; and 

18 (3) by adding at the end the following: 

19 ‘‘(3) may reserve up to 1 percent to carry out 

20 the responsibilities under section 1116(e)(4).’’. 

21 (b) FUNDS FOR TRANSPORTATION AND SUPPLE22 MENTAL EDUCATIONAL SERVICES.—Section 1116(b)(10) 

23 of that Act (20 U.S.C. 6316(b)(10)) is amended by insert24 ing after subparagraph (E) (as added by section 2 of this 

25 Act) the following: 


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1 ‘‘(F) INCREASED FOCUS ON PARENTAL IN2 VOLVEMENT.—For any fiscal year, a local edu3 cational agency may spend an amount up to 0.2 

4 percent of its allocation under subpart 2 on im5 plementing the parent outreach and assistance 

6 requirements of subsection (b)(6)(F) and sub7 section (e)(2), with such funds counting toward 

8 meeting the requirements of subparagraph 

9 (A).’’. 

10 SEC. 4. ENSURING STUDENTS HAVE FAIR OPTIONS IN SE11 LECTING A SUPPLEMENTAL EDUCATIONAL 

12 SERVICES PROVIDER OF THEIR CHOICE. 

13 Section 1116(e) of the Elementary and Secondary 

14 Education Act of 1965 (20 U.S.C. 6316(e)) is amended— 

15 (1) in paragraph (2)(A)— 

16 (A) by inserting after ‘‘parents’’ the fol17 lowing: ‘‘, at the beginning of the school year 

18 following the school’s failure to make adequate 

19 yearly progress,’’; and 

20 (B) by amending clause (iii) to read as fol21 lows: 

22 ‘‘(iii) a brief description of the serv23 ices, including minimum qualifications re24 quired by the provider for their instructors 

25 that provide direct instruction to students, 


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1 and demonstrated effectiveness of each 

2 such provider;’’. 

3 (2) in paragraph (2)— 

4 (A) in subparagraph (C) by striking ‘‘and’’ 

5 at the end; 

6 (B) in subparagraph (D) by striking the 

7 period at the end and inserting a semicolon; 

8 and 

9 (C) after subparagraph (D) by adding the 

10 following: 

11 ‘‘(E) choose an approved provider or pro12 viders, using a fair, open, and objective process, 

13 to operate on site in the school or schools iden14 tified under paragraphs (1), (7), or (8) of sub15 section (b) free of charge, or for a reasonable 

16 fee, on the same basis and terms as are avail17 able to other groups that seek access to the 

18 school building; 

19 ‘‘(F) provide approved providers with ap20 propriate logistical information, including infor21 mation on the procedures parents must follow 

22 in obtaining supplemental educational services 

23 for their children; and 


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1 ‘‘(G) conduct quality parental outreach 

2 campaigns to increase the number of students 

3 that receive supplemental educational services.’’; 

4 (3) in paragraph (4)— 

5 (A) by striking subparagraph (D) and in6 serting the following: 

7 ‘‘(D) develop, implement not later than 1 

8 year after the date of enactment of this sub9 paragraph, and publicly report (including an 

10 annual report to the Secretary on the imple11 mentation of this subparagraph) on standards 

12 and techniques that— 

13 ‘‘(i) are for monitoring the quality 

14 and effectiveness of the services offered by 

15 approved providers under this subsection 

16 and for withdrawing approval from pro17 viders that fail, for 2 consecutive years, to 

18 contribute to increasing the academic pro19 ficiency of students served under this sub20 section as described in subparagraph (B); 

21 and 

22 ‘‘(ii) use valid and reliable methods 

23 that are consistent with relevant, nation24 ally recognized professional standards 

25 that— 


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1 ‘‘(I) are administered to all stu2 dents enrolled in supplemental edu3 cational services under this sub4 section; 

5 ‘‘(II) are supplemented with ad6 ditional criteria, such as— 

7 ‘‘(aa) local educational agen8 cy evaluations of the supple9 mental educational services pro10 vided under this subsection; 

11 ‘‘(bb) student, parent, prin12 cipal, or teacher satisfaction with 

13 the provider, except that, if a 

14 State elects to include this cri15 terion in the State evaluation 

16 system, the satisfaction levels 

17 shall be measured by a survey 

18 that uniformly evaluates all such 

19 providers in the State; and 

20 ‘‘(cc) the attendance rates of 

21 the students enrolled in the sup22 plemental educational services of23 fered by the provider under this 

24 subsection; and 


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1 ‘‘(III) measure individual student 

2 academic achievement in mathematics, 

3 and in reading or language arts, as 

4 measured by progress toward meeting 

5 challenging State student academic 

6 achievement standards under section 

7 1111(b), or as measured by progress 

8 on other valid individual student as9 sessment instruments, as a result of 

10 the provision of supplemental edu11 cational services;’’. 

12 (B) in subparagraph (E) by striking the 

13 period at the end and inserting a semicolon; 

14 and 

15 (C) after subparagraph (E) by inserting 

16 the following: 

17 ‘‘(F) monitor each local educational agency 

18 that serves as an approved provider to ensure 

19 the local educational agency is in compliance 

20 with paragraph (2) and, if the State edu21 cational agency determines (which may be 

22 based on complaints filed by eligible providers, 

23 parents, or other entities) that the local edu24 cational agency is not in compliance— 


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1 ‘‘(i) withdraw approval from the local 

2 educational agency for the following year; 

3 or 

4 ‘‘(ii) designate a third-party entity to 

5 carry out the responsibilities under para6 graph (2); 

7 ‘‘(G) establish a fair mechanism for the re8 moval of a provider who is subject to repeat 

9 complaints submitted by parents, school per10 sonnel, or the local educational agency, after a 

11 full independent investigation of the complaints 

12 and right of appeals; 

13 ‘‘(H) provide— 

14 ‘‘(i) guidelines to each local edu15 cational agency on the enrollment forms 

16 used to enroll students for supplemental 

17 educational services under this subsection, 

18 which shall include— 

19 ‘‘(I) the baseline of information 

20 the local educational agency is re21 quired to provide to parents; and 

22 ‘‘(II) a sample form for the local 

23 educational agency; and 

24 ‘‘(ii) technical assistance to each local 

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1 ment process, in an effort to streamline 

2 the enrollment process for parents; 

3 ‘‘(I) ensure that the enrollment process is 

4 fair to all providers of supplemental educational 

5 services; 

6 ‘‘(J) if the State educational agency deter7 mines appropriate, require a local educational 

8 agency to employ different methods to reach 

9 students regarding the availability of supple10 mental educational services under this sub11 section, including— 

12 ‘‘(i) sending enrollment forms home 

13 with students; 

14 ‘‘(ii) posting the enrollment form on15 line; and 

16 ‘‘(iii) allowing parents to obtain en17 rollment forms at the school of the stu18 dents eligible for supplemental educational 

19 services under this subsection; 

20 ‘‘(K) if the State educational agency deter21 mines appropriate, use a portion of the funds 

22 available under subsection (b)(10) to provide, 

23 on behalf of rural local educational agencies 

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1 section, incentives for providers to provide sup2 plemental educational services under this sub3 section to students in rural local educational 

4 agencies, including— 

5 ‘‘(i) providing technical assistance to 

6 providers, including those offering supple7 mental educational services through dis8 tance learning; and 

9 ‘‘(ii) providing assistance to commu10 nity based organizations with the approval 

11 process to become supplemental edu12 cational services providers, as well as with 

13 the contracting process with local edu14 cational agencies.’’. 

15 SEC. 5. REQUIRING GREATER TRANSPARENCY OF DATA RE16 LATED TO SUPPLEMENTAL EDUCATIONAL 

17 SERVICES. 

18 (a) STATE REPORT CARDS.—Section 1111(h)(1)(C) 

19 of the Elementary and Secondary Education Act of 1965 

20 (20 U.S.C. 6311(h)(1)(C)) is amended— 

21 (1) in clause (vii) by striking ‘‘and’’ at the end; 

22 (2) in clause (viii) by striking the period at the 

23 end and inserting ‘‘; and’’; and 

24 (3) by adding at the end the following: 

25 ‘‘(ix) for the prior school year— 


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1 ‘‘(I) the number of students eligi2 ble to participate in public school 

3 choice and supplemental educational 

4 services; 

5 ‘‘(II) the actual number of stu6 dents who participated; 

7 ‘‘(III) the total amount of funds 

8 expended for supplemental educational 

9 services; and 

10 ‘‘(IV) the total amount of funds 

11 expended for transportation related to 

12 public school choice.’’. 

13 (b) LEA REPORT CARDS.—Section 1111(h)(2)(B)(i) 

14 of that Act (20 U.S.C. 6311(h)(2)(B)(i)) is amended— 

15 (1) in subclause (I), by striking ‘‘and’’ at the 

16 end; and 

17 (2) by adding at the end the following: 

18 ‘‘(III) the information described 

19 in subparagraph (C)(ix), relating to 

20 student participation in public school 

21 choice and supplemental educational 

22 services; and’’. 

23 (c) ANNUAL STATE REPORT.—Section 

24 1111(h)(4)(F) of that Act (20 U.S.C. 6311(h)(4)(F)) is 

25 amended to read as follows: 


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1 ‘‘(F) for the prior school year— 

2 ‘‘(i) the number of students eligible to 

3 participate in public school choice and sup4 plemental educational services; 

5 ‘‘(ii) the actual number of students 

6 who so participated; 

7 ‘‘(iii) the total amount of funds ex8 pended for supplemental educational serv9 ices; and 

10 ‘‘(iv) the total amount of funds ex11 pended for transportation related to public 

12 school choice; and’’. 

13 SEC. 6. EXPANDING RESEARCH AND EVALUATION OF SUP14 PLEMENTAL EDUCATIONAL SERVICES EFFEC15 TIVENESS AT THE NATIONAL LEVEL. 

16 Section 1501(a)(2)(I)(iv) of the Elementary and Sec17 ondary Education Act of 1965 (20 U.S.C. 

18 6491(a)(2)(I)(iv)) is amended to read as follows: 

19 ‘‘(iv) The number of students who re20 ceived supplemental educational services, 

21 the criteria used by the States to deter22 mine the quality of providers, the kinds of 

23 services that are available and utilized, the 

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1 mental educational services on student 

2 achievement, using criteria for success to 

3 evaluate such impact, including criteria 

4 consistent with scientifically-based re5 search.’’. 

6 SEC. 7. SUPPLEMENTAL EDUCATIONAL SERVICES FOR STU7 DENTS WITH DISABILITIES AND STUDENTS 

8 WHO ARE LIMITED ENGLISH PROFICIENT. 

9 (a) IN GENERAL.—Section 1501(a)(2) of the Ele10 mentary and Secondary Education Act of 1965 (20 U.S.C. 

11 6491(a)(2)) is amended— 

12 (1) by redesignating subparagraph (O) as sub13 paragraph (P); and 

14 (2) by inserting after subparagraph (N) the fol15 lowing: 

16 ‘‘(O) The extent to which students with 

17 disabilities and students with limited English 

18 proficiency are represented as compared to all 

19 students receiving supplemental educational 

20 services.’’. 

21 (b) STATE EDUCATIONAL AGENCY RESPONSIBIL22 ITIES.—Section 1116(e)(4) of that Act (20 U.S.C. 

23 6316(e)(4)), as amended by this Act, is further amend24 ed— 


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1 (1) in subparagraph (K) by striking the period 

2 at the end and inserting ‘‘; and’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(L) ensure that, in each area served by a 

5 local educational agency in the State that in6 forms the State educational agency of the local 

7 educational agency’s need to provide supple8 mental educational services under this sub9 section to children who are limited English pro10 ficient or children with disabilities, the list of 

11 approved providers includes a choice of 2 or 

12 more providers with sufficient capacity to pro13 vide effective services for children who are lim14 ited English proficient or children with disabil15 ities, respectively.’’. 

16 (c) AMOUNTS FOR SES.—Section 1116(e)(6) of that 

17 Act (20 U.S.C. 6316(e)) is amended— 

18 (1) by striking ‘‘(A)’’ and ‘‘(B)’’ and inserting 

19 ‘‘(i)’’ and ‘‘(ii)’’, respectively; 

20 (2) by inserting ‘‘(A)’’ before ‘‘The amount’’; 

21 and 

22 (3) by adding at the end the following: 

23 ‘‘(B) AMOUNTS FOR SPECIAL POPU24 LATIONS.—Notwithstanding subparagraph (A), 

25 the amount that a local educational agency 


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1 shall make available for supplemental edu2 cational services for students with disabilities, 

3 limited English proficient students, and stu4 dents in local educational agencies that are eli5 gible for assistance under section 6211 or 6221 

6 of this Act, shall equal 200 percent of the 

7 amount determined in subparagraph (A)(i), ex8 cept that no student shall receive more than the 

9 actual costs of the supplemental educational 

10 services received by the child.’’. 

11 SEC. 8. A LOCAL EDUCATIONAL AGENCY THAT NEEDS IM12 PROVEMENT IS NOT ELIGIBLE TO BE A PRO13 VIDER OF SUPPLEMENTAL EDUCATIONAL 

14 SERVICES. 

15 Section 1116(e)(12)(B) of the Elementary and Sec16 ondary Education Act of 1965 (20 U.S.C. 

17 6316(e)(12)(B)) is amended by inserting after ‘‘or a local 

18 educational agency’’ the following: ‘‘(but such term does 

19 not include a local educational agency that has been iden20 tified for improvement or corrective action)’’. 

Æ 


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