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 Caro-
lina, 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 pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Improving Supple-
mental Education by Ensuring Parental Awareness Act’’. 
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SEC. 2. INCREASING STUDENT ACCESS AND PARTICIPA-
TION 
IN 
SUPPLEMENTAL 
EDUCATIONAL 
SERVICES. 
Section 1116(b) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6316(b)) is amended— 
(1) in paragraph (1) by striking subparagraph 
(E) and inserting the following: 
‘‘(E) PUBLIC SCHOOL CHOICE AND SUP-
PLEMENTAL EDUCATION SERVICES.— 
‘‘(i) IN GENERAL.—In the case of a 
school identified for school improvement 
under this paragraph, the local educational 
agency shall, not later than the first day of 
the school year following such identifica-
tion, provide all eligible students enrolled 
in the school with the option— 
‘‘(I) to transfer to another public 
school served by the local educational 
agency and described in clause (ii), 
which may include a public charter 
school, that has not been identified for 
school improvement under this para-
graph, unless such an option is pro-
hibited by State law; and 
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‘‘(II) to receive supplemental 
educational services, available con-
sistent with subsection (e)(1). 
‘‘(ii) SPECIAL
RULE.—In providing 
students the option to transfer to another 
public school under clause (i)(I), the local 
educational agency shall give priority to 
the lowest achieving children from low-in-
come families, as determined by the local 
educational agency for purposes of allo-
cating funds to schools under section 
1113(c)(1).’’; 
(2) in paragraph (10)(A) by striking ‘‘spend an 
amount equal to’’ and inserting ‘‘set aside and 
spend’’; and 
(3) in paragraph (10) by inserting after sub-
paragraph (D) the following: 
‘‘(E) FUNDING.—The funds described in 
subparagraph (A) shall be made available for 
the year in which the funding is set aside or 
otherwise allocated and shall, notwithstanding 
section 1127(a), remain available until such 
funds are expended (subject to section 421(b) 
of the General Education Provisions Act) on 
supplemental educational services under sub-
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section (e), transportation costs under para-
graph (9), or parent outreach and assistance 
under paragraph (10)(C), unless— 
‘‘(i) the local educational agency has 
provided the State educational agency with 
evidence satisfactory to the State edu-
cational agency that at least 75 percent of 
the students eligible for supplemental edu-
cational services have received or affirma-
tively declined those services; or 
‘‘(ii) the State educational agency ap-
proves a local educational agency request 
to spend a lesser amount based on a State 
review of the agency’s demonstrated suc-
cess in— 
‘‘(I) making significant progress 
in meeting the requirements of clause 
(i); 
‘‘(II) partnering with community- 
based organizations and other groups 
to help inform eligible students and 
their families of the availability of 
supplemental educational services; 
‘‘(III) ensuring that all eligible 
students are able to sign up for sup-
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plemental 
educational 
services 
throughout the course of the school 
year and the summer; and 
‘‘(IV) meeting the requirements 
of 
subsection 
(e)(2)(E) 
and 
(e)(2)(F).’’. 
SEC. 3. ENSURING ACCOUNTABILITY AND PROVIDER EF-
FECTIVENESS AND EXPANDING RESOURCES 
FOR STATE AND LOCAL IMPLEMENTATION OF 
SUPPLEMENTAL EDUCATIONAL SERVICES. 
(a) FUNDS
FOR SCHOOL IMPROVEMENT.—Section 
1003(b) of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6303(b)) is amended— 
(1) in paragraph (1) by striking ‘‘or’’ at the 
end; 
(2) in paragraph (2) by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(3) may reserve up to 1 percent to carry out 
the responsibilities under section 1116(e)(4).’’. 
(b) FUNDS
FOR TRANSPORTATION
AND SUPPLE-
MENTAL EDUCATIONAL SERVICES.—Section 1116(b)(10) 
of that Act (20 U.S.C. 6316(b)(10)) is amended by insert-
ing after subparagraph (E) (as added by section 2 of this 
Act) the following: 
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‘‘(F) INCREASED FOCUS ON PARENTAL IN-
VOLVEMENT.—For any fiscal year, a local edu-
cational agency may spend an amount up to 0.2 
percent of its allocation under subpart 2 on im-
plementing the parent outreach and assistance 
requirements of subsection (b)(6)(F) and sub-
section (e)(2), with such funds counting toward 
meeting the requirements of subparagraph 
(A).’’. 
SEC. 4. ENSURING STUDENTS HAVE FAIR OPTIONS IN SE-
LECTING A SUPPLEMENTAL EDUCATIONAL 
SERVICES PROVIDER OF THEIR CHOICE. 
Section 1116(e) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6316(e)) is amended— 
(1) in paragraph (2)(A)— 
(A) by inserting after ‘‘parents’’ the fol-
lowing: ‘‘, at the beginning of the school year 
following the school’s failure to make adequate 
yearly progress,’’; and 
(B) by amending clause (iii) to read as fol-
lows: 
‘‘(iii) a brief description of the serv-
ices, including minimum qualifications re-
quired by the provider for their instructors 
that provide direct instruction to students, 
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and demonstrated effectiveness of each 
such provider;’’. 
(2) in paragraph (2)— 
(A) in subparagraph (C) by striking ‘‘and’’ 
at the end; 
(B) in subparagraph (D) by striking the 
period at the end and inserting a semicolon; 
and 
(C) after subparagraph (D) by adding the 
following: 
‘‘(E) choose an approved provider or pro-
viders, using a fair, open, and objective process, 
to operate on site in the school or schools iden-
tified under paragraphs (1), (7), or (8) of sub-
section (b) free of charge, or for a reasonable 
fee, on the same basis and terms as are avail-
able to other groups that seek access to the 
school building; 
‘‘(F) provide approved providers with ap-
propriate logistical information, including infor-
mation on the procedures parents must follow 
in obtaining supplemental educational services 
for their children; and 
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‘‘(G) conduct quality parental outreach 
campaigns to increase the number of students 
that receive supplemental educational services.’’; 
(3) in paragraph (4)— 
(A) by striking subparagraph (D) and in-
serting the following: 
‘‘(D) develop, implement not later than 1 
year after the date of enactment of this sub-
paragraph, and publicly report (including an 
annual report to the Secretary on the imple-
mentation of this subparagraph) on standards 
and techniques that— 
‘‘(i) are for monitoring the quality 
and effectiveness of the services offered by 
approved providers under this subsection 
and for withdrawing approval from pro-
viders that fail, for 2 consecutive years, to 
contribute to increasing the academic pro-
ficiency of students served under this sub-
section as described in subparagraph (B); 
and 
‘‘(ii) use valid and reliable methods 
that are consistent with relevant, nation-
ally 
recognized 
professional 
standards 
that— 
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‘‘(I) are administered to all stu-
dents enrolled in supplemental edu-
cational services under this sub-
section; 
‘‘(II) are supplemented with ad-
ditional criteria, such as— 
‘‘(aa) local educational agen-
cy evaluations of the supple-
mental educational services pro-
vided under this subsection; 
‘‘(bb) student, parent, prin-
cipal, or teacher satisfaction with 
the provider, except that, if a 
State elects to include this cri-
terion in the State evaluation 
system, the satisfaction levels 
shall be measured by a survey 
that uniformly evaluates all such 
providers in the State; and 
‘‘(cc) the attendance rates of 
the students enrolled in the sup-
plemental educational services of-
fered by the provider under this 
subsection; and 
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‘‘(III) measure individual student 
academic achievement in mathematics, 
and in reading or language arts, as 
measured by progress toward meeting 
challenging State student academic 
achievement standards under section 
1111(b), or as measured by progress 
on other valid individual student as-
sessment instruments, as a result of 
the provision of supplemental edu-
cational services;’’. 
(B) in subparagraph (E) by striking the 
period at the end and inserting a semicolon; 
and 
(C) after subparagraph (E) by inserting 
the following: 
‘‘(F) monitor each local educational agency 
that serves as an approved provider to ensure 
the local educational agency is in compliance 
with paragraph (2) and, if the State edu-
cational agency determines (which may be 
based on complaints filed by eligible providers, 
parents, or other entities) that the local edu-
cational agency is not in compliance— 
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‘‘(i) withdraw approval from the local 
educational agency for the following year; 
or 
‘‘(ii) designate a third-party entity to 
carry out the responsibilities under para-
graph (2); 
‘‘(G) establish a fair mechanism for the re-
moval of a provider who is subject to repeat 
complaints submitted by parents, school per-
sonnel, or the local educational agency, after a 
full independent investigation of the complaints 
and right of appeals; 
‘‘(H) provide— 
‘‘(i) guidelines to each local edu-
cational agency on the enrollment forms 
used to enroll students for supplemental 
educational services under this subsection, 
which shall include— 
‘‘(I) the baseline of information 
the local educational agency is re-
quired to provide to parents; and 
‘‘(II) a sample form for the local 
educational agency; and 
‘‘(ii) technical assistance to each local 
educational agency regarding the enroll-
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ment process, in an effort to streamline 
the enrollment process for parents; 
‘‘(I) ensure that the enrollment process is 
fair to all providers of supplemental educational 
services; 
‘‘(J) if the State educational agency deter-
mines appropriate, require a local educational 
agency to employ different methods to reach 
students regarding the availability of supple-
mental educational services under this sub-
section, including— 
‘‘(i) sending enrollment forms home 
with students; 
‘‘(ii) posting the enrollment form on-
line; and 
‘‘(iii) allowing parents to obtain en-
rollment forms at the school of the stu-
dents eligible for supplemental educational 
services under this subsection; 
‘‘(K) if the State educational agency deter-
mines appropriate, use a portion of the funds 
available under subsection (b)(10) to provide, 
on behalf of rural local educational agencies 
that serve schools required to offer supple-
mental educational services under this sub-
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