115 STAT. 1492 PUBLIC LAW 107-110-^AN. 8, 2002 "(ii) the identity of approved providers of those services that are within the local educational agency or whose services are reasonably available in neighboring local educational agencies; and "(iii) a brief description of the services, qualifications, and demonstrated effectiveness of each such provider; "(B) if requested, assist parents in choosing a provider from the list of approved providers maintained by the State; "(C) apply fair and equitable procedures for serving students if the number of spaces at approved providers is not sufficient to serve all students; and "(D) not disclose to the public the identity of any student who is eligible for, or receiving, supplemental educational services under this subsection without the written permission of the parents of the student. "(3) AGREEMENT. —In the case of the selection of an approved provider by a parent, the local educational agency shall enter into an agreement with such provider. Such agreement shall— "(A) require the local educational agency to develop, in consultation with parents (and the provider chosen by the parents), a statement of specific achievement goals for the student, how the student's progress will be measured, and a timetable for improving achievement that, in the case of a student with disabilities, is consistent with the student's individualized education program under section 614(d) of the Individuals with Disabilities Education Act; "(B) describe how the student's parents and the student's teacher or teachers will be regularly informed of the student's progress; "(C) provide for the termination of such agreement if the provider is unable to meet such goals and timetables; "(D) contain provisions with respect to the making of payments to the provider by the local educational agency; and "(E) prohibit the provider from disclosing to the public the identity of any student eligible for, or receiving, supplemental educational services under this subsection without the written permission of the parents of such student. " (4) STATE EDUCATIONAL AGENCY RESPONSIBILITIES. —^A State educational agency shall— "(A) in consultation with local educational agencies, parents, teachers, and other interested members of the public, promote maximum participation by providers to ensure, to the extent practicable, that parents have as many choices as possible; "(B) develop and apply objective criteria, consistent with paragraph (5), to potential providers that are based on a demonstrated record of effectiveness in increasing the academic proficiency of students in subjects relevant to meeting the State academic content and student achievement standards adopted under section 1111(b)(1); Records. "(C) maintain an updated list of approved providers across the State, by school district, from which parents may select;
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