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(a) A district that is required to offer supplemental educational services under 4 AAC 06.840
(1) shall arrange for each eligible student who remains in the designated school to receive supplemental educational services from a provider that the
(A) student's parents have selected; and
(B) department has approved under this section and in accordance with 34 C.F.R. 200.47, adopted by reference in 4 AAC 06.802;
(2) if requested, shall assist parents in choosing a provider;
(3) shall apply fair and equitable procedures for serving students if the number of spaces at approved providers is not sufficient to serve all eligible students;
(4) shall ensure that appropriate supplemental educational services and accommodations in the provision of those services are provided to eligible
(A) students with disabilities;
(B) students covered under 29 U.S.C. 794 (section 504 of the Rehabilitation Act of 1973); and
(C) students with limited English proficiency under 18 AAC 34.055; for these students, the district must also ensure that the students receive appropriate language assistance in the provision of the services; and
(5) may not disclose to the public, without the written permission of the student's parents, the identity of any student who is eligible for, or receiving, supplemental educational services.
(b) Supplemental education services must be
(1) in addition to instruction provided during the school day; and
(2) specifically designed to
(A) increase the academic achievement of eligible students as measured by the state assessments; and
(B) enable eligible students to attain proficiency levels of proficient or advanced on the state assessments;
(c) A district that offers supplemental educational services shall enter into an agreement with each provider selected by a parent. The agreement must
(1) require the district to develop, in consultation with the parents and the provider a statement of
(A) specific achievement goals for the student;
(B) how the student's progress will be measured; and
(C) a timetable for improving achievement;
(2) describe procedures for regularly informing the student's parents and teachers of the student's progress;
(3) provide for the termination of the agreement if the provider is unable to meet the goals and timetables specified in the agreement;
(4) prohibit the provider from disclosing to the public, without the written permission of the student's parents, the identity of any student who is eligible for, or receiving supplemental educational services; and
(5) if the student is a student with a disability or covered under 29 U.S.C. 794 (section 504 of the Rehabilitation Act of 1973), be consistent with the student's individualized education program under 4 AAC 52.140 or individualized services under 29 U.S.C. 794.
(d) A district may not pay a provider for religious worship or instruction.
(e) A student is eligible for supplemental educational services if the student is a low-income student for whom the district may pay for the services with money provided under 20 U.S.C. 6301 - 6339 (Part A of Title I of the Elementary and Secondary Education Act). If the amount of money available for supplemental education services is insufficient to provide service to each eligible student whose parents request these services, the district shall give priority to the lowest-achieving students.
(f) At the request of the district, the department may waive, in whole or in part, the requirement that a district make available supplemental educational services, if the
(1) department determines that no approved provider makes those services available in the area served by the district or within a reasonable distance of that area; and
(2) district provides evidence that it is not otherwise able to make those services available.
(g) In this section, "supplemental educational services" means tutoring and other high quality, research based academic enrichment services.
History: Eff. 11/23/2003, Register 168
Authority: AS 14.03.123
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Last modified 7/05/2006