II 

109TH CONGRESS 

2D SESSION S. 3869 

To improve the quality of, and access to, supplemental educational services 

in an effort to increase student achievement. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 7 (legislative day, SEPTEMBER 6), 2006 

Mrs. CLINTON introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To improve the quality of, and access to, supplemental educational services in an effort to increase student achievement. 

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 the Quality 

5 of and Access to Supplemental Educational Services Act’’ 

6 or the ‘‘IQ Act’’. 

7 SEC. 2. FINDINGS. 

8 Congress makes the following findings: 

9 (1) In a study on supplemental educational 

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1 ment Accountability Office found that 85 percent of 

2 State educational agencies and an estimated 70 per3 cent of local educational agencies reported a lack of 

4 capacity to effectively evaluate supplemental edu5 cational services. A deficiency in capacity for State 

6 educational agencies and local educational agencies 

7 causes challenges in monitoring the effectiveness of 

8 providers of supplemental educational services, and 

9 has resulted in only a few States completing an eval10 uation addressing the effect of supplemental edu11 cational services providers on improving student aca12 demic achievement. 

13 (2) A study of the 2005–2006 school year con14 ducted by the Center on Education Policy found 

15 that only 20 percent of the students who were eligi16 ble to receive supplemental educational services 

17 under title I of the Elementary and Secondary Edu18 cation Act of 1965 (20 U.S.C. 6301 et seq.) partici19 pated in such services. 

20 (3) An obstacle to realizing the goal of supple21 mental educational services is the lack in capacity of 

22 the providers to offer services that are adequate to 

23 fulfill the needs of all students served by the local 

24 educational agencies. The Center on Education Pol25 icy also found that in 42 percent of local educational 


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1 agencies surveyed, none of the providers of supple2 mental educational services could serve students 

3 with disabilities, and in 51 percent of the local edu4 cational agencies, none of the providers of supple5 mental educational services could serve students who 

6 are limited English proficient. 

7 (4) Unfortunately, many students served by 

8 rural local educational agencies have to traverse 

9 hundreds of miles to receive supplemental edu10 cational services. The Government Accountability 

11 Office found that 20 percent of local educational 

12 agencies required to offer supplemental educational 

13 services under title I of the Elementary and Sec14 ondary Education Act of 1965 (20 U.S.C. 6301 et 

15 seq.) had no students receiving such services, and a 

16 majority of those local educational agencies were 

17 rural or had less than 2,500 enrolled students. 

18 SEC. 3. PURPOSE. 

19 The purpose of this Act is to improve the quality of, 

20 and access to, supplemental educational services in order 

21 to increase student academic achievement. 


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1 TITLE I—PROMOTING HIGH 

2 QUALITY ACADEMIC IN3 STRUCTION 

4 SEC. 101. PROVISION OF SUPPLEMENTAL EDUCATIONAL 

5 SERVICES. 

6 (a) SENSE OF THE SENATE.—It is the sense of the 

7 Senate that the additional administrative funds available 

8 to States and local educational agencies as a result of the 

9 amendments made by subsections (c) and (d) should be 

10 used— 

11 (1) by the States to establish and implement an 

12 effective evaluation system for supplemental edu13 cational services providers that meets the require14 ments of section 1116(e)(4)(C) of the Elementary 

15 and Secondary Education Act of 1965 (as amended 

16 by this Act) (20 U.S.C. 6316(e)(4)(C)); and 

17 (2) by the local educational agencies to effec18 tively implement supplemental educational services 

19 under section 1116(e) of the Elementary and Sec20 ondary Education Act of 1965 (as amended by this 

21 Act) (20 U.S.C. 6316(e)). 

22 (b) SERVICES PROVIDED AFTER IDENTIFICATION.— 

23 Section 1116(b)(5) of the Elementary and Secondary 

24 Education Act of 1965 (20 U.S.C. 6316(b)(5)) is amend25 ed— 


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1 (1) in the matter preceding subparagraph (A), 

2 by striking ‘‘In the case’’ and all that follows 

3 through ‘‘paragraph (1),’’ and inserting ‘‘In the case 

4 of any school served under this part that is identi5 fied for school improvement under paragraph (1), by 

6 the beginning of the full school year following the 

7 identification,’’; and 

8 (2) in subparagraph (A), by striking ‘‘continue 

9 to’’. 

10 (c) AMOUNTS FOR ADMINISTRATION FOR LOCAL

11 EDUCATIONAL AGENCIES.—Section 1116(b)(10) of such 

12 Act (20 U.S.C. 6316(b)(10)) is amended by adding at the 

13 end the following: 

14 ‘‘(E) AMOUNTS AVAILABLE FOR SUPPLE15 MENTAL EDUCATIONAL SERVICES ADMINISTRA16 TION.—Notwithstanding subparagraph (A), a 

17 local educational agency may spend not more 

18 than a total of 1 percent of the amount de19 scribed in subparagraph (A) for the administra20 tive costs of implementing supplemental edu21 cational services under subsection (e) or public 

22 school choice under paragraph (1)(E). 

23 ‘‘(F) STATE ADMINISTRATIVE AMOUNT.— 

24 ‘‘(i) IN GENERAL.—Notwithstanding 

25 any other provision of this part, in the case 


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1 of a local educational agency that is re2 quired to provide supplemental educational 

3 services under subsection (e), the State 

4 educational agency that serves the local 

5 educational agency may reserve an amount 

6 equal to not more than 1/2 of 1 percent of 

7 the amount described in subparagraph (A) 

8 from the local educational agency’s alloca9 tion under subpart 2. The State edu10 cational agency shall use such reserved 

11 amount to carry out the State’s adminis12 trative duties assigned under parts A, C, 

13 and D of this title with respect to such 

14 local educational agency. 

15 ‘‘(ii) INCLUSION OF FUNDS.—Any 

16 amount reserved from a local educational 

17 agency by a State educational agency 

18 under clause (i) shall be included in calcu19 lating the total amount spent by the local 

20 educational agency for the purposes of this 

21 paragraph.’’. 

22 SEC. 102. EVALUATION OF SUPPLEMENTAL EDUCATIONAL 

23 SERVICES PROVIDERS. 

24 Section 1116(e)(4) of such Act (20 U.S.C. 

25 6316(e)(4)) is amended— 


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1 (1) by redesignating subparagraphs (C) through 

2 (E) as subparagraphs (F) through (H), respectively; 

3 and 

4 (2) by inserting after subparagraph (B) the fol5 lowing: 

6 ‘‘(C) establish an evaluation system to 

7 evaluate each provider of supplemental edu8 cational services under this subsection in the 

9 State, which system— 

10 ‘‘(i) shall be based primarily upon the 

11 extent to which a provider improved stu12 dent academic achievement, as measured 

13 by student progress toward meeting chal14 lenging State student academic achieve15 ment standards for all students enrolled in 

16 the supplemental educational services of 

17 the provider under this subsection— 

18 ‘‘(I) in each subject for which the 

19 provider provides supplemental edu20 cational services under this subsection 

21 to such students; 

22 ‘‘(II) regardless of whether such 

23 students are in a grade level that is 

24 subject to a State assessment; and 


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1 ‘‘(III) accounting for the length 

2 of each course of supplemental edu3 cational services offered by the pro4 vider; and 

5 ‘‘(ii) shall be supplemented with addi6 tional criteria, such as— 

7 ‘‘(I) local educational agency 

8 evaluations of the supplemental edu9 cational services provided under this 

10 subsection; 

11 ‘‘(II) student, parent, principal, 

12 or teacher satisfaction with the pro13 vider, except that, if a State elects to 

14 include this criterion in the State eval15 uation system, the satisfaction levels 

16 shall be measured by a survey that 

17 uniformly evaluates all such providers 

18 in the State; 

19 ‘‘(III) the attendance rates of the 

20 students enrolled in the supplemental 

21 educational services offered by the 

22 provider under this subsection; and 

23 ‘‘(IV) any criteria determined to 

24 be necessary by the State educational 

25 agency; 


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1 ‘‘(D)(i) by the last day of the 2008–2009 

2 school year, ensure that the evaluation system 

3 described in subparagraph (C)— 

4 ‘‘(I) determines the value added by 

5 each provider in improving the student 

6 academic achievement of participating stu7 dents, as measured by the State assess8 ments required under section 1111(b)(3); 

9 or 

10 ‘‘(II) in the case of students partici11 pating in supplemental educational services 

12 who are in a grade not tested by the State 

13 assessments required under section 

14 1111(b)(3), measures the value added by 

15 each provider in improving the student 

16 academic achievement of participating stu17 dents by— 

18 ‘‘(aa) using valid and reliable 

19 methods that are consistent with rel20 evant, nationally recognized profes21 sional and technical standards; and 

22 ‘‘(bb) uniformly using the evalua23 tion system to evaluate all such pro24 viders in the State; or 


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1 ‘‘(ii) during the period preceding the last 

2 day of the 2008–2009 school year, if the State’s 

3 evaluation system described in subparagraph 

4 (C) is unable to meet the requirements of 

5 clause (i)(I), ensure that the evaluation system 

6 determines the extent to which the provider im7 proved the student academic achievement of 

8 participating students through the procedures 

9 described in clause (i)(II); 

10 ‘‘(E) establish a fair mechanism for the re11 moval of a provider who is subject to repeat 

12 complaints submitted by parents, school per13 sonnel, or the local educational agency, after a 

14 full investigation of the complaints;’’. 

15 SEC. 103. PROVIDING ACCESS TO SCHOOL FACILITIES FOR 

16 PROVIDERS OF SUPPLEMENTAL EDU17 CATIONAL SERVICES IN EXCHANGE FOR REA18 SONABLE RENT. 

19 (a) LOCAL EDUCATIONAL AGENCY RESPONSIBIL20 ITIES.—Section 1116(e)(2) of such Act (20 U.S.C. 

21 6316(e)(2)) is amended— 

22 (1) in subparagraph (C), by striking ‘‘and’’ 

23 after the semicolon; 

24 (2) in subparagraph (D), by striking the period 

25 at the end and inserting a semicolon; 


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1 (3) by redesignating subparagraphs (B) 

2 through (D) (as amended by this subsection) as sub3 paragraphs (E) through (G), respectively; and 

4 (4) by inserting after subparagraph (A) the fol5 lowing: 

6 ‘‘(B) to the extent practicable and subject 

7 to subparagraph (C), permit an approved pro8 vider to deliver the supplemental educational 

9 services under this subsection using a public 

10 school facility of the local educational agency (if 

11 the local educational agency allows other groups 

12 not otherwise affiliated with the school to use 

13 such public school facility and establishes a fair 

14 mechanism of determining which providers are 

15 given access to the school facilities), and may 

16 charge the provider rent— 

17 ‘‘(i) that is determined in a manner 

18 that is fair, transparent, and objective; and 

19 ‘‘(ii) in an amount that— 

20 ‘‘(I) accounts for the additional 

21 costs of each provider’s extended use 

22 of the facility, including additional en23 ergy, custodial, and security costs; 

24 and 


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1 ‘‘(II) is similar to the amount of 

2 rent charged for the use of school fa3 cilities to similarly classified external 

4 organizations that seek to use the fa5 cilities; 

6 ‘‘(C) if a provider requests access to a pub7 lic school facility under subparagraph (B) for a 

8 school year but has failed to improve the aca9 demic achievement of the students served by 

10 the provider for both of the 2 preceding school 

11 years, as determined by the evaluation system 

12 described in subparagraphs (C) and (D) of 

13 paragraph (4), deny such provider access to a 

14 public school facility for the school year; 

15 ‘‘(D) have the ability to enter, if the local 

16 educational agency so chooses, into— 

17 ‘‘(i) a multiyear agreement with an 

18 approved provider of supplemental edu19 cational services; or 

20 ‘‘(ii) an abbreviated agreement with a 

21 returning provider of supplemental edu22 cational services after the expiration of an 

23 initial agreement, if the returning provider 

24 remains an approved provider;’’. 


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1 (b) STATE EDUCATIONAL AGENCY RESPONSIBIL2 ITIES.—Section 1116(e)(4) of such Act (20 U.S.C. 

3 6316(e)(4)) is further amended— 

4 (1) in subparagraph (G) (as redesignated by 

5 section 102(1)), by striking ‘‘and’’ after the semi6 colon; 

7 (2) in subparagraph (H) (as redesignated by 

8 section 102(1)), by striking the period at the end 

9 and inserting a semicolon; and 

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

11 ‘‘(I) make available to the public the re12 sults of the performance evaluation conducted 

13 under subparagraphs (C) and (D) for each pro14 vider of supplemental educational services 

15 under this subsection in the State, in a format 

16 that clearly demonstrates the provider’s success 

17 in meeting rigorous State standards;’’. 

18 SEC. 104. INCREASED STUDENT PARTICIPATION. 

19 (a) LOCAL EDUCATIONAL AGENCY RESPONSIBIL20 ITIES.—Section 1116(e)(2) of such Act (20 U.S.C. 

21 6316(e)(2)) is further amended by adding at the end the 

22 following: 

23 ‘‘(H) ensure that the registration process 

24 for supplemental educational services under this 

25 subsection is not complicated, is easily available 


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1 to parents, and informs the parents of eligible 

2 students, in their native language (to the extent 

3 possible), that supplemental educational services 

4 are extra, free-of-charge, instructional tutoring 

5 for their children; 

6 ‘‘(I) allow students who are not receiving 

7 supplemental educational services under this 

8 subsection the opportunity to enroll in services 

9 with any available and approved supplemental 

10 educational services provider during not less 

11 than 2 separate enrollment periods of not less 

12 than 15 business days in each school year; 

13 ‘‘(J) allow students on any wait list for 

14 supplemental educational services under this 

15 subsection to receive services as vacancies open; 

16 ‘‘(K) submit an annual report to the State 

17 educational agency describing the amount spent 

18 on supplemental educational services under this 

19 subsection by the local educational agency (in20 cluding the percentage of the funds available 

21 under subsection (b)(10) for the local edu22 cational agency that are expended for such 

23 services) and the local educational agency’s 

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1 tion in supplemental educational services under 

2 this subsection, which report shall contain— 

3 ‘‘(i) the percentage of children eligible 

4 for supplemental educational services 

5 under this subsection who are enrolled in 

6 supplemental educational services under 

7 this subsection; and 

8 ‘‘(ii) the percentage of children en9 rolled in supplemental educational services 

10 under this subsection who attended at least 

11 80 percent of the scheduled supplemental 

12 educational services sessions provided 

13 under this subsection; 

14 ‘‘(L) ensure that supplemental educational 

15 services begin as soon after the first day of the 

16 school year as possible; and’’. 

17 (b) STATE EDUCATIONAL AGENCY RESPONSIBIL18 ITIES.—Section 1116(e)(4) of such Act (20 U.S.C. 

19 6316(e)(4)) is further amended by adding at the end the 

20 following: 

21 ‘‘(J) provide— 

22 ‘‘(i) guidelines to each local edu23 cational agency on the enrollment forms 

24 used to enroll students for supplemental 


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1 educational services under this subsection, 

2 which guidelines shall include— 

3 ‘‘(I) the baseline of information 

4 the local educational agency is re5 quired to provide to parents; and 

6 ‘‘(II) a sample form for the local 

7 educational agency; and 

8 ‘‘(ii) technical assistance to each local 

9 educational agency regarding the enroll10 ment process, in an effort to streamline 

11 the enrollment process for parents; 

12 ‘‘(K) ensure that the enrollment process is 

13 fair to all providers of supplemental educational 

14 services; and 

15 ‘‘(L) if the State educational agency deter16 mines appropriate, require a local educational 

17 agency to employ different methods to reach 

18 students regarding the availability of supple19 mental educational services under this sub20 section, including— 

21 ‘‘(i) sending enrollment forms home 

22 with students; 

23 ‘‘(ii) posting the enrollment form on24 line; and 


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1 ‘‘(iii) allowing parents to obtain en2 rollment forms at the school of the stu3 dents eligible for supplemental educational 

4 services under this subsection; 

5 ‘‘(M) ensure that all local educational 

6 agencies in the State receive the results of the 

7 assessments required under section 1111(b)(3) 

8 and any other information needed to identify 

9 schools for school improvement under sub10 section (b)(1)(A) in sufficient time to allow the 

11 local educational agencies to complete the iden12 tification process and as close as possible to the 

13 last day of the school year preceding the year 

14 for which supplemental educational services 

15 under this section are to be provided;’’. 

16 (c) STATE EDUCATIONAL AGENCY REPORTING.— 

17 Section 1116(e)(4) of such Act (20 U.S.C. 6316(e)(4)) is 

18 further amended by adding at the end the following: 

19 ‘‘(N) annually publicize the cost of supple20 mental educational services under this sub21 section, the attendance data for such services, 

22 and the date that students first received supple23 mental educational services instruction, for each 

24 provider and local educational agency in the 

25 State for the previous school year; 


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1 ‘‘(O) submit to the Secretary all reports 

2 that are submitted to the State educational 

3 agency by local educational agencies under 

4 paragraph (2)(K);’’. 

5 (d) SECRETARY OF EDUCATION RESPONSIBIL6 ITIES.—Section 1116(e) of such Act (20 U.S.C. 6316(e)) 

7 is further amended— 

8 (1) by redesignating paragraphs (6) through 

9 (12) as paragraphs (7) through (12) and (14), re10 spectively; and 

11 (2) by inserting after paragraph (5) the fol12 lowing: 

13 ‘‘(6) SECRETARY RESPONSIBILITIES.—The Sec14 retary shall— 

15 ‘‘(A) conduct a study of the impact that 

16 certain factors, including the different types of 

17 supplemental educational service providers (in18 cluding local educational agencies serving as 

19 providers), the use of highly qualified teachers 

20 as tutors, and the incentives offered by pro21 viders under this subsection, have on— 

22 ‘‘(i) improving student academic 

23 achievement on State student academic 

24 achievement standards; 


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1 ‘‘(ii) ensuring continued student en2 rollment throughout the school year in the 

3 supplemental educational services; and 

4 ‘‘(iii) increasing student attendance in 

5 the supplemental educational services; and 

6 ‘‘(B) annually submit to Congress, and 

7 post on the Department’s website, a report 

8 highlighting— 

9 ‘‘(i) the best State practices in the 

10 monitoring and evaluation of supplemental 

11 educational service providers and parental 

12 notification regarding the availability of 

13 supplemental educational services under 

14 this subsection; and 

15 ‘‘(ii) any other findings the Secretary 

16 determines necessary.’’. 

17 SEC. 105. DEFINITION OF PROVIDER. 

18 The matter preceding clause (i) of section 

19 1116(e)(14)(B) of such Act (as redesignated by section 

20 104(d)(1)) is amended by inserting ‘‘(including a local 

21 educational agency identified for improvement under sub22 section (c) and any school that is not identified for im23 provement under subsection (b))’’ after ‘‘agency’’. 


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1 SEC. 106. PARAMETERS FOR SUPPLEMENTAL EDU2 CATIONAL SERVICES DESIGN. 

3 Section 1116(e)(4) of such Act (20 U.S.C. 

4 6316(e)(4)) is further amended by adding at the end the 

5 following: 

6 ‘‘(P) if the State educational agency deter7 mines appropriate, require, as a criteria to be 

8 an approved provider of supplemental edu9 cational services under this subsection— 

10 ‘‘(i) that any personnel employed by 

11 the provider to deliver supplemental edu12 cational services under this subsection to 

13 students is a highly qualified teacher; or 

14 ‘‘(ii) a minimum number of hours of 

15 supplemental educational services under 

16 this subsection that each provider must 

17 offer each student;’’. 

18 SEC. 107. CIVIL RIGHTS. 

19 Section 1116(e) of such Act (20 U.S.C. 6316(e)) is 

20 further amended by inserting after paragraph (12) (as re21 designated by section 104(d)(1)) the following: 

22 ‘‘(13) CIVIL RIGHTS.—In carrying out this sub23 section, no State educational agency or local edu24 cational agency may, directly or through contractual, 

25 licensing, or other arrangements with a provider of 

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1 section, engage in any form of discrimination prohib2 ited by— 

3 ‘‘(A) title VI of the Civil Rights Act of 

4 1964; 

5 ‘‘(B) title IX of the Education Amend6 ments of 1972; 

7 ‘‘(C) section 504 of the Rehabilitation Act 

8 of 1973; 

9 ‘‘(D) titles II and III of the Americans 

10 with Disabilities Act of 1990; 

11 ‘‘(E) the Age Discrimination Act of 1975; 

12 ‘‘(F) regulations promulgated under the 

13 authority of the laws listed in subparagraphs 

14 (A) through (E); or 

15 ‘‘(G) any other Federal civil rights law.’’. 


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1 TITLE II—ENSURING THAT SUP2 PLEMENTAL EDUCATIONAL 

3 SERVICES FUNDS ARE TAR4 GETED ON INSTRUCTION 

5 SEC. 201. PROHIBITING PROVIDERS OF SUPPLEMENTAL 

6 EDUCATIONAL SERVICES FROM USING MATE7 RIAL INCENTIVES OR AGGRESSIVE TACTICS 

8 TO REGISTER STUDENTS. 

9 (a) PROHIBITION.—Section 1116(e)(5) of such Act 

10 (20 U.S.C. 6316(e)(5)) is amended by adding at the end 

11 the following: 

12 ‘‘(E) Offer— 

13 ‘‘(i) no incentive to any official or em14 ployee of a school, local educational agen15 cy, or State educational agency; 

16 ‘‘(ii) no incentive to a parent or a stu17 dent in exchange for the selection of a spe18 cific provider of supplemental educational 

19 services under this subsection; and 

20 ‘‘(iii) an incentive to a student partici21 pating in supplemental educational services 

22 under this subsection only if— 

23 ‘‘(I) the purpose of the incentive 

24 is— 


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1 ‘‘(aa) to increase student 

2 academic achievement; 

3 ‘‘(bb) to increase student at4 tendance in the supplemental 

5 educational services; or 

6 ‘‘(cc) to ensure continued 

7 student enrollment in the supple8 mental educational services; and 

9 ‘‘(II) the total value of any incen10 tives, in cash or in kind, offered to the 

11 student does not exceed $50 per 

12 school year per student.’’. 

13 (b) DEFINITION OF INCENTIVE.—Section 

14 1116(e)(14) of such Act (as redesignated by section 

15 104(d)(1)) is further amended— 

16 (1) by redesignating subparagraphs (B) (as 

17 amended by section 105) and (C) as subparagraphs 

18 (C) and (D), respectively; and 

19 (2) by inserting after subparagraph (A) the fol20 lowing: 

21 ‘‘(B) the term ‘incentive’ means anything 

22 of value offered to a student, parent, or em23 ployee or official of a school, local educational 

24 agency, or State educational agency by a pro25 vider of supplemental educational services 


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1 under this subsection to encourage a desired ac2 tion;’’. 

3 (c) CHANGES TO CONTRACT.—Section 1116(e)(3)(C) 

4 of such Act (20 U.S.C. 6316(e)(3)(C)) is amended by in5 serting ‘‘or the provider offers or provides an incentive 

6 that violates paragraph (5)(E)’’ before the semicolon at 

7 the end. 

8 (d) CONSEQUENCES FOR INCENTIVES VIOLATION.— 

9 Section 1116(e)(2) of such Act (20 U.S.C. 6316(e)(2)) is 

10 further amended by adding at the end the following: 

11 ‘‘(M) in the case of an approved provider 

12 who offers an incentive that violates paragraph 

13 (5)(E), determine if any consequences should 

14 apply to the provider, such as— 

15 ‘‘(i) immediately terminating the 

16 agreement with the provider; 

17 ‘‘(ii) placing the provider on a proba18 tionary status for not more than 3 years; 

19 or 

20 ‘‘(iii) fining the provider an amount 

21 equal to not more than 25 percent of the 

22 amount that the local educational agency 

23 pays to the provider, in accordance with 

24 the contract under paragraph (3), to pro25 vide supplemental educational services to 


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1 students served by the local educational 

2 agency.’’. 

3 TITLE III—ENSURING THAT ALL 

4 CHILDREN, INCLUDING 

5 ENGLISH LANGUAGE LEARN6 ERS, CHILDREN WITH DIS7 ABILITIES, AND CHILDREN IN 

8 RURAL LOCAL EDUCATIONAL 

9 AGENCIES, RECEIVE SUPPLE10 MENTAL EDUCATIONAL SERV11 ICES 

12 SEC. 301. PROVIDER AVAILABILITY. 

13 (a) STATE EDUCATIONAL AGENCY RESPONSIBIL14 ITIES.—Section 1116(e)(4) of such Act (20 U.S.C. 

15 6316(e)(4)) is further amended by adding at the end the 

16 following: 

17 ‘‘(Q) ensure that, in each area served by a 

18 local educational agency in the State that in19 forms the State educational agency of the local 

20 educational agency’s need to provide supple21 mental educational services under this sub22 section to children who are limited English pro23 ficient or children with disabilities, the list of 

24 approved providers includes a choice of 2 or 

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1 vide effective services for children who are lim2 ited English proficient or children with disabil3 ities, respectively; and 

4 ‘‘(R) if the State educational agency deter5 mines appropriate, use a portion of the funds 

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

7 on behalf of rural local educational agencies 

8 that serve schools required to offer supple9 mental educational services under this sub10 section, incentives for providers to provide sup11 plemental educational services under this sub12 section to students in rural local educational 

13 agencies, including— 

14 ‘‘(i) providing technical assistance to 

15 providers, including those offering supple16 mental educational services through dis17 tance learning; and 

18 ‘‘(ii) providing assistance to commu19 nity based organizations with the approval 

20 process to become supplemental edu21 cational services providers, as well as with 

22 the contracting process with local edu23 cational agencies.’’. 


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1 (b) PROVIDER REQUIREMENTS.—Section 1116(e)(5) 

2 of such Act (20 U.S.C. 6316(e)(5)) is further amended 

3 by adding at the end the following: 

4 ‘‘(F) Prepare and submit to the State edu5 cational agency, as part of the application proc6 ess to become an approved provider— 

7 ‘‘(i) in the case of a provider that is 

8 unable to serve students with disabilities or 

9 students who are limited English pro10 ficient, a written explanation detailing the 

11 provider’s incapacity to serve such stu12 dents; or 

13 ‘‘(ii) in the case of a provider that can 

14 service students with disabilities or stu15 dents who are limited English proficient, a 

16 written explanation detailing the provider’s 

17 capabilities to meet the educational needs 

18 of such students.’’. 

19 TITLE IV—CONFORMING 

20 AMENDMENTS 

21 SEC. 401. CONFORMING AMENDMENTS. 

22 Section 1116(e) of such Act (20 U.S.C. 6316(e)) is 

23 further amended— 


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28 

•S 3869 IS

1 (1) in the matter preceding subparagraph (A) 

2 of paragraph (5), by striking ‘‘paragraph (4)(C)’’ 

3 and inserting ‘‘paragraph (4)(F)’’; and 

4 (2) in paragraph (11)(A)(i) (as redesignated by 

5 section 104(d)(1)), by striking ‘‘paragraph (4)(C)’’ 

6 and inserting ‘‘paragraph (4)(F)’’. 

Æ 


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