TITLE 6 PRIMARY AND SECONDARY EDUCATION
CHAPTER 19 PUBLIC SCHOOL ACCOUNTABILITY
PART 6 TITLE I SUPPLEMENTAL
EDUCATIONAL SERVICES
6.19.6.1 ISSUING AGENCY: Public Education Department
[6.19.6.1 NMAC - N, 08/15/05]
6.19.6.2 SCOPE: This rule applies to all school districts,
public schools, including charter schools, and all state-approved supplemental
educational services providers who offer or plan to offer such services in New
Mexico.
[6.19.6.2 NMAC - N, 08/15/05]
6.19.6.3 STATUTORY AUTHORITY: Sections 22-2-1, 22-2-2, 22-9-3, 22-9-15 NMSA
1978; 20 U.S. Code Section 6316; 34 Code of Federal Regulations Part 200.
[6.19.6.3 NMAC - N, 08/15/05]
6.19.6.4 DURATION: Permanent
[6.19.6.4 NMAC - N, 08/15/05]
6.19.6.5 EFFECTIVE DATE: August 15, 2005, unless a later date is cited
at the end of a section.
[6.19.6.5 NMAC - N, 08/15/05]
6.19.6.6 OBJECTIVE: This rule establishes requirements for:
A. supplemental
educational services providers who seek to use incentives as a method of
promoting selection of their services by parents of eligible children;
B. allowable
rewards to students to reward attendance, continued participation and
achievement related to the supplemental educational services;
C. establishing
a range of hourly per student rates a provider may charge a school district;
D. establishing
a sliding hourly fee schedule a provider may charge a school district based on
the education level of the tutors being used by the supplemental educational
services provider;
E. implementation
of basic program parameters and required assessments;
F. provision
of on-site audits conducted by eligible school districts and the department;
G. establishing
that all supplemental educational services providers and eligible school
districts will submit all relevant student data; and
H. removal
of providers from approved list.
[6.19.6.6 NMAC - N, 08/15/05; A, 08/31/06; A, 10/31/11]
6.19.6.7 DEFINITIONS:
A. “Department”
means the public education department.
B. “Eligible
child or eligible children” means a child or children from low income families
as determined by a school district, public school, or charter school for the
purposes of allocating federal funds made available under Title I of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) as
amended.
C. “Incentives”
means any goods, facilities, services, gifts, coupons, discounts, rebates, or
cash offered or given to anyone by or on behalf of a supplemental educational
services provider to promote selection of their services by parents or
guardians of eligible children.
D. “Removal”
means deleting the provider from the list of state-approved supplemental
educational services providers.
E. “Rewards”
means an acceptable classroom incentive with no redeemable monetary value to an
eligible child or that child’s parent or guardian and that is offered to an
eligible child only as a reward for attendance, continued participation, or
achievement related to a provider’s services.
F. “Supplemental
educational services” means tutoring and other supplemental academic enrichment
services that are in addition to instruction provided during the school day and
are of high quality, research-based, and specifically designed to increase the
academic achievement of eligible children on required academic assessments and
attain proficiency in meeting the state’s academic achievement standards.
G. “Tutor
to student ratio” means the established number of students a tutor may provide
supplemental educational services to at one time.
[6.19.6.7 NMAC - N, 08/15/05; A, 08/31/06; A, 10/31/11]
6.19.6.8 REQUIREMENTS:
A. All
school districts, public schools, including charter schools and all
state-approved supplemental educational services providers who offer or plan to
offer supplemental educational services in New Mexico, shall offer an initial
enrollment period of at least ten (10) working days.
B. Supplemental
educational services providers shall not directly or indirectly use incentives
as a method of promoting selection of their services by parents or guardians of
eligible children. Provided, however,
that rewards may be offered to eligible children:
(1)
to reward attendance, continued participation, or achievement related to
a provider’s services;
(2)
if the reward has no redeemable monetary value to the eligible child or
his parent/guardian and is otherwise consistent with accepted classroom
incentives, such as pizza parties, ice cream parties, school supplies having
nominal value, or the opportunity to order discounted instructional material
for the eligible child’s personal use; and
(3)
parents or guardians of an eligible child or children consent to the
offering of such incentives.
C. Beginning
school year 2011-2012, all providers of supplemental educational services shall
charge an hourly per pupil rate between $25.00 per hour and $65.00 per hour.
Beginning in school year 2012-2013 all providers of supplemental educational
services shall charge an hourly per pupil rate between $25.00 per hour and
$45.00 per hour.
D. All
school districts, public schools, including charter schools and all
state-approved supplemental educational services providers who offer or plan to
offer supplemental educational services in New Mexico, shall adhere to the
following requirements:
(1)
Each supplemental educational services provider must use a sliding
hourly fee schedule when invoicing eligible school districts for services
rendered. The sliding hourly fee
schedule shall compart as follows:
(a) A supplemental educational services
provider may charge the eligible school district its full hourly amount if the
tutor has a valid teaching license or a four year degree or greater from an
accredited university or college, and the per pupil cap will not be ratably
reduced based on the education level of the tutor providing supplemental
educational services.
(b) A supplemental educational services
provider may charge the eligible school district eighty-five percent of its
hourly amount if the tutor has less than a four year degree, but more than an
associates of arts degree, or its equivalent of forty-eight (48) credit hours,
from an accredited post secondary institution, and the per pupil cap will be
ratably reduced by fifteen percent based on the education level of the tutor
providing supplemental educational services.
(c) A supplemental educational services
provider may charge the eligible school district seventy-five percent of its
hourly amount if the tutor has less than an associates of arts degree, or its
equivalent of forty-eight (48) credit hours, from an accredited post secondary
institution but more than a high school diploma, and the per pupil cap will be
ratably reduced by twenty-five percent based on the education level of the
tutor providing supplemental educational services.
(2)
Invoices submitted by supplemental educational services providers must
accurately reflect the tutor to student ratio of the tutoring session and the
qualifications of the tutor providing services.
The invoiceable tutor to student ratios shall compart as follows:
(a) A supplemental educational services
provider that maintains a tutor: student ratio of one tutor to three students
or less may charge the eligible school district the full hourly amount based on
tutor qualifications.
(b) A supplemental educational services provider
that maintains a tutor to student ratio of one tutor to four students, one
tutor to five students, or one tutor to six students may charge the eligible
school district eighty-five percent of its hourly amount based on tutor
qualifications.
(c) A supplemental
educational services provider that maintains a tutor to student ratio of one
tutor to seven students or greater may only charge the eligible school district
fifty percent of its hourly amount based on tutor qualifications.
E. In
its application, each provider of supplemental educational services shall
include documentation, as prescribed by the department, that the tutoring
services to be offered are consistent with instructional program by the school
district or charter school whose students the provider intends to serve. The
department may consult with the school district or charter school to determine
whether an applicant has met this requirement.
F. A
district may, prior to entering into agreement with approved supplemental
educational service providers, require providers to participate in training
designed to assist providers in providing services consistent with the
district’s instructional program.
G. Each
student who is enrolled in supplemental educational services must have a
student improvement plan, with goals relating to academic improvement based on
state standards and consistent with the local district instructional program in
place and approved by parents or guardians, appropriate school personnel and
chosen supplemental educational services provider before any invoice for
services rendered may be paid.
H. Each
student who is enrolled with an approved supplemental educational services
provider must be pre-and post-tested, with an instrument approved in the
supplemental educational services provider application to the department. Students must be pre-tested in order to
determine student achievement goals.
Students must be post-tested when they have completed the program to
document progress.
I. Parents
or guardians, and appropriate school personnel must be notified of student
progress in a format that is easily understandable.
J. Eligible
school districts must conduct on-site audits of supplemental educational
services providers.
K. The
department will conduct on-site audits of supplemental educational services
providers and eligible school districts.
L. Each
eligible school district and supplemental educational services provider will
collect and submit all relevant student data to the department or its
authorized contractor upon request.
M. For
the 2012-13 school year, all existing and interested supplemental educational
services providers must submit an application to become a supplemental
educational services provider.
N. If
a supplemental educational services provider is removed from the approved list,
the supplemental educational services provider must wait a minimum of two years
before they may reapply to become a supplemental educational services provider
in the state of New Mexico.
[6.19.6.8 NMAC - N, 08/15/05; A, 08/31/06; A, 10/31/11]
6.19.6.9 UNFAIR PRACTICES: Supplemental educational services funds are
funds that have been provided by grant to the department. The department disburses these funds to
school districts and charter schools for purposes of reimbursing providers for
services performed pursuant to professional services contracts entered into
between districts and providers. The
department is not a party to contracts between districts and providers. For
purposes of performing supplemental educational services and as a condition of
receipt of these public funds, it shall constitute an unfair practice for
providers to offer or provide any incentive other than those allowed by this
rule or to recruit in a way that is not in accordance with established
guidelines and the policies of this rule.
A. School
districts or charter school employees who learn that a supplemental educational
services provider has offered to or actually provided an incentive other than
those allowed by this rule, shall:
(1)
promptly notify the provider in writing to cease and desist this
practice immediately,
(2)
promptly notify any parent or guardian that any incentive other than
those allowed by this rule may not be offered by a provider and may not be
accepted by the parent or guardian, and
(3)
notify the department in writing if a provider fails or refuses to cease
or desist in offering or providing non-allowed incentives.
B. The
department upon receiving a written notification under this section or upon
receiving a complaint from any other sources, may, after verifying such
offering:
(1)
notify the provider in writing to cease and desist this practice immediately
because any incentive other than those allowed by this rule may not be offered
by a provider nor accepted by the parent or guardian;
(2)
notify parents or guardians that any incentive other than those allowed
by this rule may not be offered by a provider and may not be accepted by the
parent or guardian;
(3)
notify appropriate authorities of suspected conduct that may constitute
soliciting or receiving illegal kickbacks in whole or in part with public money.
C. School
district administrators or charter school administrators may not hold a
position or work on behalf of any supplemental educational services provider
unless the school district, school or charter school is an approved
supplemental educational services provider.
D. If
a school district or charter school employee learns that a supplemental
educational services provider is recruiting in a way that is not in accordance
with established district guidelines and the policies of this rule, that person
shall:
(1)
promptly notify the provider in writing to cease and desist this
practice immediately; and
(2)
notify the department in writing if a provider fails or refuses to cease
or desist in recruiting in a manner not allowable.
E. Eligible
school district personnel may not show favoritism to any supplemental
educational services provider.
[6.19.6.9 NMAC - N, 08/15/05; A, 08/31/06; A, 10/31/11]
6.19.6.10 REMOVAL OF PROVIDERS: Supplemental educational services providers
must strictly adhere to their approved application and the policies of this
rule. If any provider demonstrates a
pervasive pattern of violating any aspect of their application or any part of
this rule they will be removed from the state approved list of supplemental
education services providers. Providers
will be removed from the state approved list of supplemental educational
services providers if there are any violations of test security of the New
Mexico standards based assessment. In addition,
providers will be removed for failing to contribute to the academic improvement
of students as determined by the state evaluation. Each supplemental educational services
provider that is to be removed may ask for an opportunity to clarify reasons
for dismissal and request an appeal. A
district or charter school has the option not to enter into a contract with a
supplemental educational services provider who fails to meet the terms of the
contract in the preceding year or does not provide services to eligible
students who have requested their services in the preceding year.
[6.19.6.10 NMAC - N, 08/31/06; A, 10/31/11]
HISTORY OF 6.19.6
NMAC: [Reserved]