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California Department of EducationExecutive Office
SBE-003 (REV.09/2011)
dsib-iad-jan15item05 / ITEM #08
/ CALIFORNIA STATE BOARD OF EDUCATION
JANUARY 2015 AGENDA
SUBJECT
Elementary and Secondary Education Act: Supplemental Educational Services Providers: Removal of Providers from the 2012–14, 2013–15, and/or 2014–16 Approval Lists for Failure to Meet the Participation, Growth Criteria, or Submit a Complete 2013–14 Supplemental Educational Services Accountability Report. / ActionInformation
Public Hearing
SUMMARY OF THE ISSUE(S)
The Elementary and Secondary Education Act (ESEA) Section 1116(e)(4)(C) requires the state educational agency (SEA) to develop and maintain a list of approved Supplemental Educational Services (SES) providers to provide services to eligible students. The ESEA also requires the SEA to monitor and evaluate approved SES providers.
RECOMMENDATION
The California Department of Education (CDE) recommends that the State Board of Education (SBE) remove SES providers from the approved 2012–14, 2013–15, and/or 2014–16 lists who failed to (1) deliver the basic program to at least 75 percent of the students for whom the provider has an approved local educational agency (LEA) contract (participation) (California Code of Regulations, Title 5 [5 CCR] Section 13075.5[d][3][D]); (2) demonstrate a record of effectiveness in increasing the academic proficiency of students (growth) (5 CCR Section 13075.5[d][3][E]); or (3) submit a complete 2013–14 SES Accountability Report (5 CCR Section 13075.4[a]). SES regulationsare located on the CDE SES Web document at 1 is the list of providers recommended for removal.
BRIEF HISTORY OF KEY ISSUES
Federal law requires an SEA to monitor and evaluate approved SES providers in accordance with ESEA, Title I, Part A Section 1116(e)(4)(D). 5 CCR Section 13075.4(a) requires approved SES providers to submit an annual SES Accountability Report to the CDE by August 1. 5 CCR Section 13075.5(d)(3)(H) allows the SBE to terminate an approved provider for failing to meet the reporting requirements under 5 CCR Section 13075.4.
On August 21, 2014, pursuant to 5 CCR Section 13075.5(d)(1) and (2), the SES providers who did not submit or submitted incomplete Accountability Reports by the deadline were given an additional 30 calendar days to submit a complete report. These providers received additional technical assistance from the CDE, and the CDE SES Accountability Report Web page was reopened to allow the submission of the corrected reports by the resubmission deadline of September 18, 2014. Attachment 2 is a copy of the notification of the deadline for resubmission.
On October 7, 2014, SES providers that failed, after 30 calendar days, to correct the violation were notified that the SES provider would be recommended for removal from the state approved provider list. Providerswere notified that action would be taken by the SBE on the recommendation for removal at its January 2015 meeting. Pursuant to 5 CCR Section 13075.5(d)(3)(D) and (E), providers not meeting the 75 percent participation requirement (participation) or demonstrated record of effectiveness in increasing the academic achievement of the majority of their students (growth) were also given an additional deadline of November 7, 2014, to provide evidence of compliance. Attachment 3 is a copy of the notification of recommendation for removal.
On November 20, 2014, SES providers that failed to provide evidence of compliance were again notified that the SBE will take action on the recommendation for removal from the state approved provider list at its January 2015 meeting. Attachment 4 is a copy of the notification of recommendation for removal.
SUMMARYOF PREVIOUS STATE BOARD OF EDUCATION DISCUSSION AND ACTION
At its September 2014 meeting, the SBE approved additional Program Improvement (PI) LEAs based on an approved waiver of Title 34 of the Code of Federal RegulationsSection 200.47(b)(1)(iv)(A) and (B) granted by the U. S. Department of Education (ED) on November 19, 2013. (
At its January 2014 meeting, the SBE removed the providers recommended for removal from theapproved provider list for failure to submit their Accountability Report. (
At its January 2013 meeting, the SBE removed the providers recommended for removal from theapproved provider list for failure to submit their Accountability Report. (
At its January 2012 meeting, the SBE removed the providers recommended for removal from theapproved provider list for failure to submit their Accountability Report. (
FISCAL ANALYSIS (AS APPROPRIATE)
There is no fiscal impact to the state.
ATTACHMENT(S)
Attachment 1:Supplemental Educational Services Providers Recommended for Removal from the 2012–14, 2013–15, and/or 2014–16 Approved Lists forFailure to Meet the Participation Requirement, Growth Criteria, or Submit a Complete2013–14 Supplemental Educational Services Accountability Report (2 Pages)
Attachment 2:August 21, 2014, letter from Kimberly Born, Administrator, Title I Policy and Program Guidance Office, California Department of Education, to Supplemental Educational Services Providers regarding Supplemental Educational Services Accountability Report Extension (1 Page)
Attachment 3:October 7, 2014, letter from Kimberly Born, Administrator, Title I Policy and Program Guidance Office, California Department of Education, to Supplemental Educational Services Providers regarding Supplemental Educational Services Accountability Report Evaluation and Opportunity to Correct (2 Pages)
Attachment 4:November 20, 2014, letter from Kimberly Born, Administrator, Title I Policy and Program Guidance Office, California Department of Education, to Supplemental Educational Services Providers for Recommendation for Removal from the Approved List of Supplemental Educational Services Providers (1 Page)
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Attachment 1
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Supplemental Educational ServicesProviders Recommended for Removal from the 2012–14, 2013–15, and/or2014–16Approved Lists for Failure to Meet the Participation Requirement, Growth Criteria, or Submit a Complete 2013–14 Supplemental Educational Services Accountability Report
The X indicates each approval period from which the identified provider will be removed if the State Board of Education approves the California Department of Education staff recommendation.
Provider Business Name / Approval Period2012–14 / 2013–15 / 2014–16
Aavanza (Extreme Learning DBA Aavanza) / X
Abacus In-Home Tutoring, Inc. / X
Affluent Access / X / X
Basic Learning Skills, Inc. / X
Bright Futures Inc., DBA Sylvan Learning Center / X
Cyber Learning / X
Educational Tutorial Service / X
Innovative Educational Programs, LLC / X
iPad Tutoring LLC (previously known as Learn with Laptops) / X
K12 Tutors, Inc. / X
Kid Angel Foundation / X
KnowledgePoints DBA of Academic Achievement Inc. / X
Provider Business Name / Approval Period
2012–14 / 2013–15 / 2014–16
Learning Support Services / X
Primanti Montessori School; DBA #1 Advancing Education / X
Regal Pacific Group, LLC DBA Huntington Learning Center / X
Smart Education LLC DBA Club Z Tutoring / X
THINK Together / X
TUTORS & MORE, INC. / X
World Literacy Crusade / X
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Attachment 2
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August 21, 2014
Dear Supplemental Educational Services Provider:
SUPPLEMENTAL EDUCATIONAL SERVICES ACCOUNTABILITY REPORT EXTENSION
Our records indicate your organization either did not submit the required 2013–14 Supplemental Educational Services (SES) Accountability Report by the August 1, 2014, deadline or the report submitted was incomplete or inaccurate. The Title 5,California Code of Regulations (5 CCR) for SES requires the submission of the annual SES Accountability Report and stipulates that failure to submit the report may result in a recommendation to the State Board of Education (SBE) to remove an SES provider from approved provider status.
Pursuant to 5 CCR, Section 13075.5(d)(2), this notice provides you with an additional opportunity for your organization to submit or resubmit a corrected report no later than
5 p.m. on September 18, 2014. Failure to submit the report by this deadline will result in the recommendation to the SBE to remove your organization as an approved provider.
Online access to the report is located on the California Department of Education SES Accountability Report Web page at Attached are three documents to assist you in working with an updated version of the online SES report. These documents include the following:
- Summary Checklist, identifying information that is lacking (Attachment 1)
- Sample Template for Batch SES Data Reporting form (Attachment 2)
- 2013–14 Record Layout for Uploading of SES Student Data (Attachment 3)
If you have questions regarding technical assistance, please contact Clifton Davis, Jr., Associate Governmental Program Analyst, Title I Policy and Program Guidance Office, by phone at 916-322-5140 or by e-mail at .
If you have any questions regarding this subject, please contact Stephanie Smith, Education Programs Consultant, Title I Policy and Program Guidance Office, by phone at 916-319-0948 or by e-mail at .
Sincerely,
/s/
Kimberly Born, Administrator
Title I Policy and Program Guidance Office
KB:ss
Attachments
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Attachment 3
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October 7, 2014
Dear Supplemental Educational Services Provider:
SUPPLEMENTAL EDUCATIONAL SERVICES ACCOUNTABILITY REPORT EVALUATION AND OPPORTUNITY TO CORRECT
An evaluation of the 2013–14 Supplemental Educational Services (SES) Accountability Report submitted by your organization provides evidence that it failed to do one or both of the following:
- Deliver the basic program to at least 75 percent of the students for whom you had an approved contract as required in California Code of Regulations (5 CCR) Title 5, Section 13075.5(d)(3)(D)
- Demonstrate a record of effectiveness in increasing the academic proficiency to the majority of students served as required in 5 CCR, Section 13075.5(d)(3)(E)
The California Department of Education (CDE) may recommend to the State Board of Education (SBE) to remove an SES provider from approved provider status if this criterion is not met.
Pursuant to 5 CCR, Section 13075.5(d), this notice provides the opportunity for the organization to correct the violation and/or provide evidence of compliance. Please submit your response no later than November 7, 2014, to:
California Department of Education
Title I Policy and Program Guidance Office
1430 N Street, Suite 6208
Sacramento, CA 95814
Attn: Stephanie Smith, Education Programs Consultant
Compliance would include evidence that:
- The contract with the local educational agency was for less than 10 students
- The student(s) did not attend a single session
- The student(s) did not complete the program due to factors beyond the control of the providers
Failure to correct and/or demonstrate compliance by this deadline will result in the recommendation to the SBE to remove this organization as an approved provider. The SBE is currently scheduled to take action on the CDE recommendation for removal from the approved provider list at its January 2015 meeting.
October 7, 2014
Page 2
If you have any questions regarding this subject, please contact Stephanie Smith, Education Programs Consultant, Title I Policy and Program Guidance Office, by phone at 916-319-0948 or by e-mail at .
Sincerely,
/s/
Kimberly Born, Administrator
Title I Policy and Program Guidance Office
KB:ss
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Attachment 4
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November 20, 2014
Dear Supplemental Educational Services Provider:
RECOMMENDATION FOR REMOVAL FROM THE APPROVED LIST OF SUPPLEMENTAL EDUCATIONAL SERVICES PROVIDERS
This letter serves as notification that the California Department of Education (CDE) is recommending your organization to the California State Board of Education (SBE) for removal from the approved list of Supplemental Educational Services (SES) providers.
Our records indicate that you are an SES provider approved in 2012, 2013, or 2014, and you did not submit one of the following: (1) the required 2013–14SES Accountability Report by September 18, 2014, extended deadline; or (2) the report submitted by the deadline was incomplete or inaccurate; or (3) the compliance response provided did not meet regulatory requirement(s). The Accountability Report is required pursuant to California Code of Regulations, Title 5 (5 CCR), Section 13075.4(a).
Consistent with 5 CCR, Section 13075.5 (d)(1), a written notification was provided to your organization on October 7, 2014, with an additional opportunity for your organization to provide a compliance response by November 7, 2014.
Pursuant to 5 CCR, Section 13075.5(d)(2), failure to comply with the written notice after 30 calendar days may result in a recommendation to the SBE to remove the organization as an approved provider. The SBE is currently scheduled to take action on the recommendation for removal from the CDE at its January 2015 meeting.
If you have any questions regarding this subject, please contact Stephanie Smith, Education Programs Consultant, in the Title I Policy and Program Guidance Office, by phoneat 916-319-0948 or by e-mail .
Sincerely,
/s/
Kimberly Born, Administrator
Title I Policy and Program Guidance Office
KB:ss
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