THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF
THE STATE OF
Office
of Elementary, Middle, Secondary and Continuing Education
Office of School Improvement and Community Services (NYC)
Title I, School and Community Services
Room 365 EBA
Tel. (518) 473-0295
Fax (518) 486-1762
June 8, 2007
TO: District
Superintendents
Superintendents and Principals of Public Schools
Charter School Principals
NYS Approved Supplemental
Educational Services (SES) Providers
FROM: Roberto Reyes, Director, Title I School and Community
Services
SUBJECT: Amendments to
Commissioner’s Regulations Regarding the Use of Incentives
in
Supplemental Educational Services Programs and
Change in End of Year
SES Summary Reporting Dates
The Board of Regents recently
approved the following amendments to Section 120.4 of the Regulations of the
Commissioner relating to the provision of Supplemental Educational Services
(SES) under the No Child Left Behind Act:
Use of Incentives and Financial Rewards
Commissioner’s Regulations prohibit
the use of financial rewards or incentives to solicit enrollment, encourage
parents to switch providers once students are enrolled, or attempt to influence
parents, students, local education agencies (LEAs), LEA staff or school
staff. Only nominal rewards or
incentives may be offered to students. Nominal rewards or incentives are
defined as an award or incentive that: 1) does not exceed a total value of $25
per student per academic 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 approved
instructional program plan. Furthermore,
in instances where an SES provider uses alternate methods for delivery of
services, including online, internet-based approaches or distance-learning
technologies, the provision of equipment, including computers, to students to
use or keep as a means of receiving SES,
must be approved by the NYS Education Department as part of the
applicant’s instructional program.
It is important to note that these
changes apply to all providers
regardless of whether they were approved prior to these amendments and
regardless of whether the provider was using the now prohibited rewards and
incentives prior to these new regulations becoming effective.
Change in Reporting Dates
SES providers are required to
submit a final written report to the LEA by September 30 of each year. LEAs must submit to the Department an SES
Annual Summary Report for the preceding academic year by October 31st.
Questions regarding these new
regulations can be directed to Steven Rush at srush@mail.nysed.gov or to Alma Hueston
at ahueston@mail.nysed.gov. To view the complete text of these
amendments, go to http://www.regents.nysed.gov/2007Meetings/February2007/0207emscvesida2.htm
Cc: James
Viola
Sandra Norfleet
Alma
Hueston
Steven
Rush