SEC. 1003A
DIRECT STUDENT SERVICES
Section Summary
This section was inserted as a new section. It did not appear in NCLB.
Section 1003A begins by putting parameters on how the funds that are received by State educational agencies and local education agencies can be used. To begin with, State educational agencies can use no more than 1% of funds received for program administration costs.
Local educational agencies use of funds received are outlined below:
- May use not more than 1 percent of its award for outreach and communication to parents about available direct student services
- May use not more than 2 percent of its award for administrative costs related to such direct student services
- Shall use the remainder of the award to pay the costs associated with one or more of the following direct student services:
- Enrollment and participation in academic courses not otherwise available at a student's school
- Credit recovery and academic acceleration courses that lead to a regular high school diploma
- Activities that assist students in successfully completing postsecondary level instruction and examinations that are accepted for credit at institutions of higher education
- Components of a personalized learning approach
- Transportation to allow a student enrolled in a school identified for comprehensive support and improvement under section 1111(c)(4)(D)(i) to transfer to another public school (see text for more details)
In paying the costs for the remainder of the award as described above, the priority of the payments have been outlined:
- First, pay such costs for students who are enrolled in schools identified by the State for comprehensive support and improvement
- Second, pay such costs for low-achieving students who are enrolled in schools implementing targeted support and improvement plans
- With any remaining funds, pay such costs for other low-achieving students served by the local educational agency
Section 1003A also outlines what is needed for local educational agencies to apply for an award in the form of an application to the State. Each application must provide how the local educational agency will:
- Provide adequate outreach to ensure parents can exercise a meaningful choice of direct student services for their child's education
- Ensure parents have adequate time and information to make a meaningful choice prior to enrolling their child in a direct student service
- In the case of a local educational agency offering public school choice under this section, ensure sufficient availability of seats in the public schools the local educational agency will make available for public school choice options
- Prioritize services to students who are lowest-achieving
- Select providers of direct student services, which may include one or more of:
- The local educational agency or other local educational agencies
- Community colleges or other institutions of higher education
- Non-public entities
- Community-based organizations
- In the case of high-quality academic tutoring, a variety of providers of such tutoring that are selected and approved by the State and appear on the State's list of such providers
- Monitor the provision of direct student services
- Publicly report the results of direct student service providers in improving relevant student outcomes in a manner that is accessible to parents
The remaining language in the section outlines the requirements of the State for monitoring local educational agencies and provider offerings.
ESSA Update
The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.) is amended by inserting after section 1003 (20 U.S.C. 6303) the
following:
``SEC. 1003A. <<NOTE: 20 USC 6303b.>> DIRECT STUDENT SERVICES.
``(a) State Reservation.--
``(1) In general.--
[[Page 129 STAT. 1818]]
``(A) States.--Each State educational agency, after
meaningful consultation with geographically diverse
local educational agencies described in subparagraph
(B), may reserve not more than 3 percent of the amount
the State educational agency receives under subpart 2 of
part A for each fiscal year to carry out this section.
``(B) Consultation.--A State educational agency
shall consult under subparagraph (A) with local
educational agencies that include--
``(i) suburban, rural, and urban local
educational agencies;
``(ii) local educational agencies serving a
high percentage of schools identified by the State
for comprehensive support and improvement under
section 1111(c)(4)(D)(i); and
``(iii) local educational agencies serving a
high percentage of schools implementing targeted
support and improvement plans under section
1111(d)(2).
``(2) Program administration.--Of the funds reserved under
paragraph (1)(A), the State educational agency may use not more
than 1 percent to administer the program described in this
section.
``(b) Awards.--
``(1) In general.--From the amount reserved under subsection
(a) by a State educational agency, the State educational agency
shall award grants to geographically diverse local educational
agencies described in subsection (a)(1)(B)(i).
``(2) Priority.--In making such awards, the State
educational agency shall prioritize awards to local educational
agencies serving the highest percentage of schools, as compared
to other local educational agencies in the State--
``(A) identified by the State for comprehensive
support and improvement under section 1111(c)(4)(D)(i);
or
``(B) implementing targeted support and improvement
plans under section 1111(d)(2).
``(c) Local Use of Funds.--A local educational agency receiving an
award under this section--
``(1) may use not more than 1 percent of its award for
outreach and communication to parents about available direct
student services described in paragraph (3) in the local
educational agency and State;
``(2) may use not more than 2 percent of its award for
administrative costs related to such direct student services;
``(3) shall use the remainder of the award to pay the costs
associated with one or more of the following direct student
services--
``(A) enrollment and participation in academic
courses not otherwise available at a student's school,
including--
``(i) advanced courses; and
``(ii) career and technical education
coursework that--
``(I) is aligned with the
challenging State academic standards;
and
``(II) leads to industry-recognized
credentials that meet the quality
criteria established by the State under
section 123(a) of the Workforce
Innovation and Opportunity Act (29
U.S.C. 3102);
[[Page 129 STAT. 1819]]
``(B) credit recovery and academic acceleration
courses that lead to a regular high school diploma;
``(C) activities that assist students in
successfully completing postsecondary level instruction
and examinations that are accepted for credit at
institutions of higher education (including Advanced
Placement and International Baccalaureate courses),
which may include reimbursing low-income students to
cover part or all of the costs of fees for such
examinations;
``(D) components of a personalized learning
approach, which may include high-quality academic
tutoring; and
``(E) in the case of a local educational agency that
does not reserve funds under section 1111(d)(1)(D)(v),
transportation to allow a student enrolled in a school
identified for comprehensive support and improvement
under section 1111(c)(4)(D)(i) to transfer to another
public school (which may include a charter school) that
has not been identified by the State under such section;
and
``(4) in paying the costs associated with the direct student
services described in paragraph (3), shall--
``(A) first, pay such costs for students who are
enrolled in schools identified by the State for
comprehensive support and improvement under section
1111(c)(4)(D)(i);
``(B) second, pay such costs for low-achieving
students who are enrolled in schools implementing
targeted support and improvement plans under section
1111(d)(2); and
``(C) with any remaining funds, pay such costs for
other low-achieving students served by the local
educational agency.
``(d) Application.--A local educational agency desiring to receive
an award under subsection (b) shall submit an application to the State
educational agency at such time and in such manner as the State
educational agency shall require. At a minimum, each application shall
describe how the local educational agency will--
``(1) provide adequate outreach to ensure parents can
exercise a meaningful choice of direct student services for
their child's education;
``(2) ensure parents have adequate time and information to
make a meaningful choice prior to enrolling their child in a
direct student service;
``(3) in the case of a local educational agency offering
public school choice under this section, ensure sufficient
availability of seats in the public schools the local
educational agency will make available for public school choice
options;
``(4) prioritize services to students who are lowest-
achieving;
``(5) select providers of direct student services, which may
include one or more of--
``(A) the local educational agency or other local
educational agencies;
``(B) community colleges or other institutions of
higher education;
``(C) non-public entities;
``(D) community-based organizations; or
``(E) in the case of high-quality academic tutoring,
a variety of providers of such tutoring that are
selected and
[[Page 129 STAT. 1820]]
approved by the State and appear on the State's list of
such providers required under subsection (e)(2);
``(6) monitor the provision of direct student services; and
``(7) publicly report the results of direct student service
providers in improving relevant student outcomes in a manner
that is accessible to parents.
``(e) Providers and Schools.--A State educational agency that
reserves an amount under subsection (a) shall--
``(1) ensure that each local educational agency that
receives an award under this section and intends to provide
public school choice under subsection (c)(3)(E) can provide a
sufficient number of options to provide a meaningful choice for
parents;
``(2) compile and maintain an updated list of State-approved
high-quality academic tutoring providers that--
``(A) is developed using a fair negotiation and
rigorous selection and approval process;
``(B) provides parents with meaningful choices;
``(C) offers a range of tutoring models, including
online and on campus; and
``(D) includes only providers that--
``(i) have a demonstrated record of success in
increasing students' academic achievement;
``(ii) comply with all applicable Federal,
State, and local health, safety, and civil rights
laws; and
``(iii) provide instruction and content that
is secular, neutral, and non-ideological;
``(3) ensure that each local educational agency receiving an
award is able to provide an adequate number of high-quality
academic tutoring options to ensure parents have a meaningful
choice of services;
``(4) develop and implement procedures for monitoring the
quality of services provided by direct student service
providers; and
``(5) establish and implement clear criteria describing the
course of action for direct student service providers that are
not successful in improving student academic outcomes, which,
for a high-quality academic tutoring provider, may include a
process to remove State approval under paragraph (2).''.
NCLB Text
No Corresponding Text
