S T A T E   O F   N E W   Y O R K
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                                  4205

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2013
                               ___________

Introduced  by  M.  of  A.  CAMARA,  WEPRIN, BARRON, STEVENSON, ESPINAL,
  ROBINSON, HEASTIE, ABBATE, PERRY, PEOPLES-STOKES, CRESPO, COOK,  SCAR-
  BOROUGH,  JACOBS,  CASTRO,  GIBSON,  ROBERTS,  MILLMAN, WRIGHT, CLARK,
  RAMOS, BENEDETTO, CYMBROWITZ, BOYLAND -- Multi-Sponsored by --  M.  of
  A.  ARROYO, BARRETT, KEARNS, V. LOPEZ -- read once and referred to the
  Committee on Education

AN ACT to amend the education law, in relation to providing supplemental
  educational services to students  from  low-income  families  who  are
  enrolled  in schools that have failed to make adequate yearly progress
  for two consecutive years

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  intent.  The  legislature  hereby  finds and
declares it necessary to preserve and continue supplemental  educational
services  in  the  state  that provide low-income students with tutoring
free of charge.  This program empowers parents to take an active role in
the education of their children, as  it  is  parents  who  decide  which
state-approved  tutoring  provider  they  will  send  their children to.
Parents are engaged in every aspect of the interventions, and it is  the
parents,  rather  than  the  school district, making decisions for their
children that will help their children catch up to their peers.
  Currently 87,406 low-income students attend failing  schools  in  this
state  and  receive  supplemental  educational  services  tutoring.  The
program is available to all low-income students attending  schools  that
fail  to  meet  Federal  Adequate Yearly Progress for consecutive years.
These are schools that the United States Department of  Education  deems
as failing to meet the basic educational needs of their students. Nearly
66%  of  children  eligible  for the program in this state elect to take
part in the tutoring program. The program  provides  low-income  parents
with  a  range of educational opportunities outside of the normal school
day that help their children improve academically.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07464-01-3
              

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  Supplemental educational services is a highly effective way to provide
one-to-one or small group instruction to disadvantaged students. Studies
by the United States Department of Education conclude that the  tutoring
programs lead to significant gains in student achievement in reading and
math.
  The  legislature  hereby  finds  and declares that supplemental educa-
tional services are a proven way to help improve student performance and
these services must be maintained while the state is in the  process  of
creating  and  implementing systemic reforms to improve student perform-
ance and ensure students graduate college- and career-ready.  At a  time
when  the state is looking to reform its education system, disadvantaged
students struggling individually with academics should not be left with-
out services because they attend a school  that  has  been  continuously
failing.
  S  2.  The  education law is amended by adding a new section 3209-b to
read as follows:
  S 3209-B. SUPPLEMENTAL EDUCATIONAL SERVICES. 1. FOR  THE  PURPOSES  OF
THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  A.  "APPROVED PROVIDER TUTORING" SHALL MEAN A PROVIDER APPROVED BY THE
COMMISSIONER PURSUANT TO THE PROVISIONS OF THIS SECTION FOR PURPOSES  OF
INCLUSION  ON THE DEPARTMENT'S LIST OF APPROVED SUPPLEMENTAL EDUCATIONAL
SERVICES PROVIDERS.
  B. "ELIGIBLE APPLICANT" SHALL MEAN  A  SCHOOL  DISTRICT  THAT  IS  NOT
CURRENTLY IDENTIFIED FOR IMPROVEMENT, CORRECTIVE ACTION OR RESTRUCTURING
PURSUANT  TO  SECTION 20 U.S.C. SECTION 6316(B)(1)(A), 20 U.S.C. SECTION
6316(B)(7) OR SECTION 1116(B)(8), 20 U.S.C. SECTION 6316(B)(8),  RESPEC-
TIVELY,  OR  A  NON-PROFIT  ENTITY  OR A FOR-PROFIT ENTITY AUTHORIZED TO
PROVIDE THE PROPOSED SERVICES IN THE STATE, INCLUDING, BUT  NOT  LIMITED
TO, A CHARTER SCHOOL, NONPUBLIC SCHOOL, BOARD OF COOPERATIVE EDUCATIONAL
SERVICES OR COUNTY VOCATIONAL EDUCATION AND EXTENSION BOARD.
  C.  "ELIGIBLE  STUDENT"  SHALL  MEAN  AN ELIGIBLE CHILD, AS DEFINED IN
SECTION 20 U.S.C. SECTION 6316(E)(12)(A)  WHO  IS  ENTITLED  TO  RECEIVE
SUPPLEMENTAL  EDUCATIONAL SERVICES, SUBJECT TO THE PROVISIONS OF SECTION
20 U.S.C. SECTION 6316(B)(10)(C).
  D. "ACADEMIC YEAR" SHALL MEAN THE PERIOD COMMENCING ON SEPTEMBER FIRST
AND ENDING ON AUGUST THIRTY-FIRST OF THE NEXT SUCCEEDING CALENDAR  YEAR;
AND
  E.  "SUPPLEMENTAL EDUCATIONAL SERVICES" SHALL HAVE THE SAME MEANING AS
SET FORTH IN 20 U.S.C. SECTION 6316(E)(12)(C).
  2. A SCHOOL DISTRICT  SHALL  MAKE  SUPPLEMENTAL  EDUCATIONAL  SERVICES
AVAILABLE  TO  ELIGIBLE  STUDENTS  WHO ATTEND A SCHOOL THAT IS IN SCHOOL
IMPROVEMENT STATUS, A SCHOOL IN CORRECTIVE ACTION STATUS OR A SCHOOL  IN
RESTRUCTURING STATUS.
  3.  THE  PER PUPIL SPENDING LIMIT THAT A SCHOOL DISTRICT SHALL PROVIDE
FOR SUPPLEMENTAL EDUCATIONAL SERVICES SHALL BE THE LESSER OF THE FOLLOW-
ING:
  A. THE AMOUNT OF THE SCHOOL DISTRICT'S ALLOCATION UNDER TITLE I,  PART
A,  SUBPART  2 OF THE NO CHILD LEFT BEHIND ACT, DIVIDED BY THE NUMBER OF
CHILDREN FROM FAMILIES BELOW THE POVERTY LEVEL COUNTED UNDER SECTION  20
U.S.C. 6333(C)(1)(A); OR
  B.  THE  ACTUAL COST OF THE SUPPLEMENTAL EDUCATIONAL SERVICES PROVIDED
TO EACH ELIGIBLE STUDENT.
  4. A. AN ELIGIBLE APPLICANT THAT SEEKS TO BECOME AN APPROVED  PROVIDER
SHALL  SUBMIT  TO  THE  COMMISSIONER A WRITTEN APPLICATION IN A FORM AND
WITHIN THE TIME PRESCRIBED BY THE COMMISSIONER.

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  B. THE COMMISSIONER SHALL APPROVE AN ELIGIBLE APPLICANT FOR  INCLUSION
ON  THE  DEPARTMENT'S  LIST OF APPROVED SUPPLEMENTAL EDUCATIONAL SERVICE
PROVIDERS, UPON THE COMMISSIONER'S DETERMINATION  THAT  ITS  APPLICATION
SATISFIES EACH OF THE FOLLOWING CRITERIA:
  (I)  THE  APPLICANT  HAS  A  DEMONSTRATED  RECORD  OF EFFECTIVENESS IN
INCREASING  STUDENT  ACADEMIC  ACHIEVEMENT  IN  ENGLISH  LANGUAGE   ARTS
(INCLUDING READING) AND/OR MATHEMATICS;
  (II) THE INSTRUCTION TO BE PROVIDED AND CONTENT TO BE USED ARE ALIGNED
WITH  STATE  LEARNING  STANDARDS  IN  THE AREAS OF ENGLISH LANGUAGE ARTS
(INCLUDING READING) AND MATHEMATICS;
  (III) INSTRUCTION WILL BE PROVIDED UNDER THE GENERAL SUPERVISION OF  A
TEACHER CERTIFIED PURSUANT TO ARTICLE SIXTY-ONE OF THIS TITLE;
  (IV)  THE  SUPPLEMENTAL  EDUCATIONAL  SERVICES  ARE  OF  HIGH QUALITY,
RESEARCH-BASED  AND  SPECIFICALLY  DESIGNED  TO  INCREASE  THE  ACADEMIC
ACHIEVEMENT  OF  ELIGIBLE  STUDENTS ON THE REQUIRED STATE ASSESSMENTS IN
THE AREAS OF ENGLISH LANGUAGE ARTS (INCLUDING READING)  AND  MATHEMATICS
AND  TO  ATTAIN PROFICIENCY IN MEETING STATE LEARNING STANDARDS IN THOSE
AREAS;
  (V) THE APPLICANT WILL PROVIDE APPROPRIATE ACCOMMODATIONS AND SUPPORTS
TO STUDENTS WITH DISABILITIES  TO  ENSURE  SUCH  STUDENTS  BENEFIT  FROM
SUPPLEMENTAL EDUCATIONAL SERVICES;
  (VI)  THE  SUPPLEMENTAL  EDUCATIONAL SERVICES WILL BE PROVIDED OUTSIDE
THE REGULAR SCHOOL DAY INCLUDING, BUT NOT LIMITED TO,  BEFORE  OR  AFTER
SCHOOL, WEEKEND OR SUMMER SESSIONS;
  (VII)  LETTERS  OF REFERENCE FROM PARENTS, SCHOOLS AND/OR OTHER APPRO-
PRIATE PARTIES WHO ARE CURRENT OR  FORMER  RECIPIENTS  OF  THE  PROVIDER
SERVICES ARE PROVIDED;
  (VIII) THE APPLICANT WILL REQUIRE THAT ALL INDIVIDUALS EMPLOYED BY, OR
OTHERWISE  ASSOCIATED  WITH,  THE APPLICANT WHO WILL HAVE DIRECT CONTACT
WITH ELIGIBLE STUDENTS SHALL BE SUBJECT TO THE FINGERPRINT AND  CRIMINAL
HISTORY  RECORD  CHECK  REQUIREMENTS CONTAINED IN LAW INCLUDING, BUT NOT
LIMITED TO, THIS CHAPTER;
  (IX) THE APPLICANT IS FISCALLY SOUND AND WILL BE ABLE TO  FULFILL  ITS
AGREEMENT  TO  PROVIDE  SERVICES  TO  THE  ELIGIBLE CHILD AND THE SCHOOL
DISTRICT;
  (X) SUPPLEMENTAL EDUCATIONAL  SERVICES  INSTRUCTION  AND  CONTENT  ARE
SECULAR, NEUTRAL AND NONIDEOLOGICAL;
  (XI)  THE APPLICANT WILL COMPLY WITH ALL APPLICABLE FEDERAL, STATE AND
LOCAL HEALTH, SAFETY AND CIVIL RIGHTS LAWS;
  (XII) THE APPLICANT WILL ASSURE THAT SUPPLEMENTAL EDUCATIONAL SERVICES
ARE AVAILABLE IN LOCATIONS ACCESSIBLE TO INDIVIDUALS WITH  DISABILITIES,
TO  THE EXTENT REQUIRED BY SECTION 504 OF THE REHABILITATION ACT OF 1973
(29 U.S.C. SECTION 794) AND THE  AMERICANS  WITH  DISABILITIES  ACT  (42
U.S.C. SECTION 12101 ET SEQ.); AND
  (XIII) THE APPLICANT SHALL PROVIDE ADDITIONAL ASSURANCES THAT:
  (1)  THE INSTRUCTION AND CONTENT USED ARE CONSISTENT WITH THE INSTRUC-
TION PROVIDED AND CONTENT USED BY THE SCHOOL DISTRICT AND STATE, AND ARE
ALIGNED WITH STATE LEARNING STANDARDS IN ENGLISH LANGUAGE ARTS  (INCLUD-
ING READING) AND/OR MATHEMATICS,
  (2)  ELIGIBLE  STUDENTS  WITH  DISABILITIES AND ELIGIBLE STUDENTS WITH
LIMITED ENGLISH PROFICIENCY WILL HAVE EQUAL ACCESS TO  SERVICES  OFFERED
BY THE APPLICANT,
  (3)  THE APPLICANT WILL NOT DISCLOSE TO THE PUBLIC THE IDENTITY OF ANY
STUDENT WHO  IS  ELIGIBLE  FOR  OR  RECEIVING  SUPPLEMENTAL  EDUCATIONAL
SERVICES WITHOUT THE WRITTEN PERMISSION OF THE PARENTS OF THE STUDENT,

A. 4205                             4

  (4)  THE  APPLICANT  WILL  NOT IMPOSE ADDITIONAL ADMISSION CRITERIA ON
ELIGIBLE STUDENTS,
  (5)  THE  APPLICANT  WILL  PROVIDE  PARENTS  AND  TEACHERS OF ELIGIBLE
STUDENTS RECEIVING SUPPLEMENTAL EDUCATIONAL SERVICES AND THE APPROPRIATE
SCHOOL DISTRICT WITH INFORMATION ON THE PROGRESS  OF  SUCH  STUDENTS  IN
INCREASING  ACHIEVEMENT IN A FORMAT, AND TO THE EXTENT PRACTICABLE, IN A
LANGUAGE OR OTHER MODE OF COMMUNICATION THAT  SUCH  PARENTS  CAN  UNDER-
STAND,
  (6)  THE APPLICANT HAS ADEQUATE INSURANCE FOR LIABILITY, PROPERTY LOSS
AND PERSONAL INJURY INVOLVING  STUDENTS  RECEIVING  SUPPLEMENTAL  EDUCA-
TIONAL SERVICES FROM THE APPLICANT, AND
  (7)  THE  APPLICANT  SHALL  NOT  MAKE  ANY  OFFER  OR ADVERTISEMENT OF
REWARDS, GIFTS, INCENTIVES, GRATUITIES, PAYMENTS OR COMPENSATION OF  ANY
KIND  TO  PARENTS,  STUDENTS,  SCHOOL  DISTRICTS,  SCHOOL DISTRICT STAFF
AND/OR SCHOOL STAFF FOR PURPOSES OF OR TENDING TO HAVE  THE  EFFECT  OF,
SOLICITING  ENROLLMENT,  ENCOURAGING  PARENTS  TO  SWITCH PROVIDERS ONCE
STUDENTS ARE ENROLLED, AND/OR ATTEMPTING TO INFLUENCE PARENTS, STUDENTS,
SCHOOL DISTRICTS, SCHOOL DISTRICT STAFF AND/OR  SCHOOL  STAFF;  PROVIDED
THAT  NOTHING HEREIN SHALL BE DEEMED TO PROHIBIT THE USE, AS PART OF THE
INSTRUCTIONAL PROGRAM, OF NOMINAL REWARDS OR INCENTIVES.
  C. WHERE AN APPLICANT USES ALTERNATE METHODS FOR DELIVERY OF SERVICES,
WHICH MAY INCLUDE ONLINE, INTERNET-BASED APPROACHES, AS  WELL  AS  OTHER
DISTANCE-LEARNING  TECHNOLOGIES,  THE  PROVISION OF EQUIPMENT, INCLUDING
COMPUTERS, TO STUDENTS TO USE OR KEEP  AS  A  MEANS  OF  RECEIVING  SUCH
SUPPLEMENTAL  EDUCATIONAL SERVICES, MUST BE APPROVED BY THE COMMISSIONER
AS PART OF THE APPLICANT'S INSTRUCTIONAL PROGRAM.
  5. A. APPROVAL FOR INCLUSION ON  THE  DEPARTMENT'S  LIST  OF  APPROVED
SUPPLEMENTAL  EDUCATIONAL  SERVICES  PROVIDERS SHALL BE WITHDRAWN FROM A
PROVIDER FOR GOOD CAUSE INCLUDING, BUT NOT LIMITED TO,  A  DETERMINATION
BY THE COMMISSIONER THAT THE PROVIDER:
  (I)  IS IN NONCOMPLIANCE WITH ONE OR MORE OF THE CRITERIA FOR APPROVAL
SET FORTH IN PARAGRAPH B OF SUBDIVISION FOUR OF THIS SECTION; AND/OR
  (II) HAS FAILED FOR TWO CONSECUTIVE YEARS TO CONTRIBUTE TO  INCREASING
THE  ACADEMIC PROFICIENCY OF STUDENTS RECEIVING SUPPLEMENTAL EDUCATIONAL
SERVICES FROM SUCH PROVIDER.
  B. TERMINATION OF PROVIDER APPROVAL SHALL BE CONDUCTED  IN  ACCORDANCE
WITH THE FOLLOWING PROCEDURES:
  (I)  THE COMMISSIONER OR HIS OR HER DESIGNEE SHALL NOTIFY THE PROVIDER
IN WRITING OF THE INTENT TO TERMINATE APPROVAL AT LEAST THIRTY  CALENDAR
DAYS PRIOR TO THE EFFECTIVE DATE OF THE TERMINATION, INCLUDING A LIST OF
THE  IDENTIFIED  DEFICIENCIES AND/OR VIOLATIONS OF STATE OR FEDERAL LAWS
OR REGULATIONS THAT ARE BELIEVED TO EXIST.
  (II) THE PROVIDER MAY REPLY IN WRITING WITHIN  TEN  CALENDAR  DAYS  OF
RECEIPT  OF  THE COMMISSIONER'S NOTIFICATION, ADDRESSING THE COMMISSION-
ER'S  STATEMENT  OF  REASONS,  INDICATING  WHETHER  DEFICIENCIES  AND/OR
VIOLATIONS  EXIST,  WHAT STEPS HAVE BEEN TAKEN TO CORRECT CONCEDED DEFI-
CIENCIES AND/OR VIOLATIONS, AND THE TIME PERIOD AND STEPS BY WHICH DEFI-
CIENCIES AND/OR VIOLATIONS WILL BE CORRECTED. IF NO REPLY  IS  RECEIVED,
TERMINATION  AND  REMOVAL  FROM  THE  LIST  WILL BECOME EFFECTIVE THIRTY
CALENDAR DAYS FROM THE DATE OF RECEIPT OF THE  COMMISSIONER'S  NOTIFICA-
TION.
  (III)  WITHIN  THREE  BUSINESS  DAYS  OF RECEIPT OF THE COMMISSIONER'S
NOTIFICATION, THE PROVIDER MAY REQUEST ORAL ARGUMENT BEFORE THE  COMMIS-
SIONER OR HIS OR HER DESIGNEE.
  (IV) AFTER CONSIDERATION OF ANY WRITTEN RESPONSE AND OF ANY ORAL ARGU-
MENT,  A  DETERMINATION  SHALL  BE MADE WHETHER APPROVAL SHALL BE TERMI-

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NATED. NOTICE OF SUCH DETERMINATION SHALL BE PROVIDED IN WRITING TO  THE
PROVIDER.
  C.  NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH B OF THIS SUBDIVISION,
THE COMMISSIONER MAY ISSUE AN EMERGENCY ORDER IMMEDIATELY SUSPENDING THE
PROVISION OF SERVICES UNDER THIS SECTION, PENDING A FINAL  DETERMINATION
OF THE PROVIDER'S APPROVAL STATUS, UPON THE COMMISSIONER'S DETERMINATION
THAT AN IMMEDIATE THREAT EXISTS TO THE HEALTH AND/OR SAFETY OF STUDENTS.
  6.  A SCHOOL DISTRICT THAT IS REQUIRED TO ARRANGE FOR THE PROVISION OF
SUPPLEMENTAL EDUCATIONAL SERVICES WITH AN APPROVED PROVIDER SHALL:
  A. NOTIFY PARENTS OF ELIGIBLE STUDENTS ANNUALLY, IN A FORMAT  AND,  TO
THE  EXTENT PRACTICABLE, IN A LANGUAGE THAT SUCH PARENTS CAN UNDERSTAND,
OF:
  (I) THE AVAILABILITY OF SUPPLEMENTAL EDUCATION SERVICES; AND
  (II) THE IDENTITY OF APPROVED PROVIDERS OF  THOSE  SERVICES  THAT  ARE
WITHIN  THE  AREA  SERVED BY THE SCHOOL DISTRICT, INCLUDING ANY APPROVED
PROVIDERS OF TECHNOLOGY-BASED OR DISTANCE LEARNING  SUPPLEMENTAL  EDUCA-
TIONAL  SERVICES,  OR  ARE  REASONABLY  AVAILABLE  IN NEIGHBORING SCHOOL
DISTRICTS, TOGETHER WITH A BRIEF DESCRIPTION OF THE SERVICES, QUALIFICA-
TIONS AND DEMONSTRATED EFFECTIVENESS OF EACH SUCH PROVIDER;
  B. IF REQUESTED, ASSIST PARENTS IN CHOOSING AN APPROVED PROVIDER;
  C. ENSURE THAT IF THE AMOUNT OF FUNDS AVAILABLE  PURSUANT  TO  THE  NO
CHILD  LEFT  BEHIND  ACT TO PROVIDE SUPPLEMENTAL EDUCATIONAL SERVICES IS
INSUFFICIENT TO PROVIDE SUCH SERVICES TO  EACH  ELIGIBLE  STUDENT  WHOSE
PARENTS  REQUEST  THE  SERVICES,  PRIORITY  IS  GIVEN  TO  PROVIDING THE
SERVICES TO THE LOWEST ACHIEVING ELIGIBLE STUDENTS;
  D. APPLY FAIR AND EQUITABLE PROCEDURES FOR SERVING  ELIGIBLE  STUDENTS
IF THE NUMBER OF SPACES AT APPROVED PROVIDERS IS NOT SUFFICIENT TO SERVE
ALL SUCH STUDENTS;
  E.  NOT  DISCLOSE  TO  THE  PUBLIC  THE IDENTITY OF ANY STUDENT WHO IS
ELIGIBLE FOR, OR RECEIVING, SUPPLEMENTAL  EDUCATIONAL  SERVICES  WITHOUT
THE WRITTEN PERMISSION OF THE PARENTS OF THE STUDENT;
  F.  ENSURE THAT ELIGIBLE STUDENTS WITH DISABILITIES UNDER THE INDIVID-
UALS WITH DISABILITIES EDUCATION ACT AND ELIGIBLE STUDENTS WHO ARE INDI-
VIDUALS WITH DISABILITIES COVERED BY SECTION 504 OF  THE  REHABILITATION
ACT  OF  1973  (29  U.S.C. SECTION 794) RECEIVE APPROPRIATE SUPPLEMENTAL
EDUCATIONAL SERVICES  AND  ACCOMMODATIONS  IN  THE  PROVISION  OF  THOSE
SERVICES;
  G.  ENSURE  THAT  ELIGIBLE LIMITED ENGLISH PROFICIENT STUDENTS RECEIVE
APPROPRIATE SUPPLEMENTAL EDUCATIONAL SERVICES AND LANGUAGE ASSISTANCE IN
THE PROVISION OF THOSE SERVICES;
  H. CONTACT PROVIDERS SELECTED BY THE PARENTS AND ENTER INTO A CONTRAC-
TUAL AGREEMENT WITH EACH SUCH PROVIDER THAT INCLUDES:
  (I) A STATEMENT  OF  SPECIFIC  ACHIEVEMENT  GOALS  FOR  EACH  ELIGIBLE
STUDENT BASED UPON SUCH STUDENT'S SPECIFIC EDUCATIONAL NEEDS,
  (II)  A  DESCRIPTION OF HOW EACH SUCH STUDENT'S PROGRESS WILL BE MEAS-
URED,
  (III) A TIMETABLE FOR IMPROVING ACHIEVEMENT,
  (IV) FOR ELIGIBLE STUDENTS WITH  DISABILITIES  UNDER  THE  INDIVIDUALS
WITH  DISABILITIES  EDUCATION ACT AND ELIGIBLE STUDENTS WHO ARE INDIVID-
UALS WITH DISABILITIES COVERED BY SECTION 504 OF THE REHABILITATION  ACT
OF  1973  (29  U.S.C. SECTION 794), THE GOALS, METHOD OF MEASUREMENT AND
TIMETABLE SET FORTH IN  THE  AGREEMENT  MUST  BE  CONSISTENT  WITH  SUCH
STUDENT'S  INDIVIDUALIZED  EDUCATION PROGRAM PURSUANT TO THE INDIVIDUALS
WITH DISABILITIES EDUCATION ACT OR THE STUDENT'S SECTION 504 PLAN, WHERE
APPLICABLE,

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  (V) THE INITIATION DATE, FREQUENCY AND  DURATION  OF  SERVICES  TO  BE
PROVIDED,
  (VI) THE LOCATION WHERE SERVICES WILL BE PROVIDED,
  (VII)  A  DESCRIPTION OF HOW EACH ELIGIBLE STUDENT'S PARENTS, TEACHERS
AND THE LOCAL SCHOOL DISTRICT WILL BE REGULARLY INFORMED, AT LEAST QUAR-
TERLY, OF THE STUDENT'S PROGRESS,
  (VIII) A PROVISION FOR TERMINATION OF THE AGREEMENT IF THE PROVIDER IS
UNABLE TO MEET THE GOALS AND TIMETABLES,
  (IX) A PROVISION THAT THE TERM OF THE AGREEMENT SHALL NOT  EXCEED  THE
END  OF  THE  ACADEMIC  YEAR  IN  WHICH  THE STUDENT FIRST RECEIVED SUCH
SERVICES,
  (X) A PROVISION THAT THE AGREEMENT WILL TERMINATE IMMEDIATELY UPON THE
PROVIDER'S REMOVAL FROM THE DEPARTMENT'S LIST OF  APPROVED  SUPPLEMENTAL
EDUCATIONAL  SERVICES  PROVIDERS,  PURSUANT  TO SUBDIVISION FIVE OF THIS
SECTION,
  (XI) PAYMENT PROVISIONS  BASED  ON  ELIGIBLE  STUDENT  ATTENDANCE  AND
DELIVERY OF SUPPLEMENTAL EDUCATIONAL SERVICES,
  (XII)  AN ASSURANCE FROM THE PROVIDER THAT THE IDENTITY OF ANY STUDENT
WHO IS ELIGIBLE FOR OR RECEIVING, SUPPLEMENTAL EDUCATIONAL SERVICES WILL
NOT BE DISCLOSED WITHOUT THE WRITTEN PERMISSION OF THE  PARENTS  OF  THE
STUDENT,
  (XIII) A DESCRIPTION OF THE PROGRAM TO BE USED,
  (XIV)  THE  EXPERIENCE AND QUALIFICATIONS OF STAFF RESPONSIBLE FOR THE
DELIVERY OF THE  INSTRUCTIONAL  PROGRAM,  INCLUDING  AN  ASSURANCE  THAT
INSTRUCTION  WILL BE PROVIDED UNDER THE GENERAL SUPERVISION OF A TEACHER
CERTIFIED PURSUANT TO ARTICLE SIXTY-ONE OF THIS TITLE,
  (XV) PROVISIONS THAT SUBJECT ALL INDIVIDUALS EMPLOYED BY, OR OTHERWISE
ASSOCIATED  WITH,  THE  PROVIDER  WHO  WILL  HAVE  DIRECT  CONTACT  WITH
STUDENTS,  TO THE FINGERPRINT AND CRIMINAL HISTORY RECORD CHECK REQUIRE-
MENTS CONTAINED IN LAW, INCLUDING, BUT NOT LIMITED TO, THIS CHAPTER,
  (XVI) A REQUIREMENT THAT THE PROVIDER SUBMIT TO THE  SCHOOL  DISTRICT,
ANNUALLY  ON  OR BEFORE SEPTEMBER THIRTIETH, A FINAL WRITTEN REPORT IN A
FORM PRESCRIBED BY THE COMMISSIONER  THAT  SUMMARIZES  THE  PROGRESS  OF
ELIGIBLE STUDENTS PROVIDED WITH SUPPLEMENTAL EDUCATIONAL SERVICES DURING
THE  PRECEDING  ACADEMIC YEAR, PURSUANT TO ITS AGREEMENTS WITH THE LOCAL
EDUCATIONAL AGENCY, AND
  (XVII) A PROVISION STATING: THE PROVIDER IS PROHIBITED FROM MAKING ANY
OFFER  OR  ADVERTISEMENT  OF  REWARDS,  GIFTS,  INCENTIVES,  GRATUITIES,
PAYMENTS  OR  COMPENSATION  OF  ANY  KIND  TO  PARENTS, STUDENTS, SCHOOL
DISTRICTS, SCHOOL DISTRICT STAFF AND/OR SCHOOL STAFF FOR PURPOSES OF  OR
TENDING TO HAVE THE EFFECT OF SOLICITING ENROLLMENT, ENCOURAGING PARENTS
TO  SWITCH  PROVIDERS  ONCE  STUDENTS ARE ENROLLED, AND/OR ATTEMPTING TO
INFLUENCE PARENTS, STUDENTS, SCHOOL  DISTRICTS,  SCHOOL  DISTRICT  STAFF
AND/OR  SCHOOL  STAFF;  PROVIDED  THAT NOTHING HEREIN SHALL BE DEEMED TO
PROHIBIT THE USE, AS PART  OF  THE  INSTRUCTIONAL  PROGRAM,  OF  NOMINAL
REWARDS  OR  INCENTIVES AS DEFINED IN SECTION 120.4(F)(9)(XVII) OF TITLE
EIGHT OF THE NEW YORK STATE CODES, RULES AND REGULATIONS.  FOR  PURPOSES
OF  THIS  SUBPARAGRAPH,  A  NOMINAL REWARD OR INCENTIVE IS DEFINED AS AN
AWARD OR INCENTIVE THAT:
  (1) DOES NOT EXCEED A TOTAL VALUE OF TWENTY-FIVE DOLLARS  PER  STUDENT
PER YEAR,
  (2)  IS DIRECTLY LINKED TO DOCUMENTED MEANINGFUL ATTENDANCE BENCHMARKS
AND/OR COMPLETION OF ASSESSMENT AND PROGRAM OBJECTIVES, AND
  (3) IS APPROVED BY THE COMMISSIONER AS PART OF THE PROVIDER'S INSTRUC-
TIONAL PROGRAM;
  I. MONITOR THE FOLLOWING:

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  (I) THE QUALITY AND EFFECTIVENESS OF  THE  SERVICES  OFFERED  BY  EACH
APPROVED PROVIDER THE SCHOOL DISTRICT HAS CONTRACTED WITH, AND
  (II)  THE  RESPONSIBILITIES  OF  EACH APPROVED PROVIDER WITH WHICH THE
SCHOOL DISTRICT HAS CONTRACTED WITH TO:
  (1) ENSURE THAT THE INSTRUCTION PROVIDED AND CONTENT USED ARE CONSIST-
ENT WITH THE  INSTRUCTION  PROVIDED  AND  CONTENT  USED  BY  THE  SCHOOL
DISTRICT  AND  THE STATE, AND ARE ALIGNED WITH THE STATE LEARNING STAND-
ARDS IN THE AREAS OF ENGLISH LANGUAGE ARTS (INCLUDING READING) AND MATH-
EMATICS,
  (2) PROVIDE PARENTS AND TEACHERS OF  ALL  STUDENTS  RECEIVING  SUPPLE-
MENTAL  EDUCATIONAL  SERVICES,  THE  SCHOOL DISTRICT AND THE SCHOOL WITH
INFORMATION ON THE PROGRESS OF THE STUDENTS IN  INCREASING  ACHIEVEMENT,
IN  A  FORMAT  AND,  TO  THE EXTENT PRACTICABLE, IN A LANGUAGE THAT SUCH
PARENTS CAN UNDERSTAND,
  (3) ENSURE THAT  SUPPLEMENTAL  EDUCATIONAL  SERVICES  INSTRUCTION  AND
CONTENT  ARE SECULAR, NEUTRAL AND NONIDEOLOGICAL AND THAT FUNDS WILL NOT
BE USED FOR RELIGIOUS WORSHIP OR INSTRUCTION,
  (4) COMPLY WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL HEALTH, SAFETY
AND CIVIL RIGHTS LAWS, AND
  (5) COMPLY WITH THE APPLICABLE CONTRACTUAL AGREEMENT PURSUANT TO PARA-
GRAPH (H) OF THIS SUBDIVISION;
  J. NOTIFY THE DEPARTMENT OF ANY NONCOMPLIANCE BY AN APPROVED  PROVIDER
WITH  RESPECT  TO  THE PROVIDER'S RESPONSIBILITIES AS LISTED IN SUBPARA-
GRAPH (II) OF PARAGRAPH  I  OF  THIS  SUBDIVISION,  INCLUDING  IMMEDIATE
NOTIFICATION  OF  THE DEPARTMENT OF ANY NONCOMPLIANCE INVOLVING A THREAT
TO THE HEALTH AND/OR SAFETY OF STUDENTS; AND
  K.  SUBMIT  TO  THE  DEPARTMENT,  ANNUALLY  ON   OR   BEFORE   OCTOBER
THIRTY-FIRST,  A  MONITORING REPORT OF SUPPLEMENTAL EDUCATIONAL SERVICES
PROVIDED DURING THE PRECEDING ACADEMIC YEAR, IN A FORM PRESCRIBED BY THE
COMMISSIONER, TOGETHER WITH A COPY OF EACH  PROVIDER'S  REPORT  PREPARED
PURSUANT TO SUBPARAGRAPH (XVI) OF PARAGRAPH H OF THIS SUBDIVISION.
  S 3. This act shall take effect immediately.