PUBLIC LAW 107-110-^AN. 8, 2002 115 STAT. 1493 "(D) develop, implement, and publicly report on standards and techniques for monitoring the quality and effectiveness of the services offered by approved providers under this subsection, and for withdrawing approval from providers that fail, for 2 consecutive years, to contribute to increasing the academic proficiency of students served under this subsection as described in subparagraph (B); and "(E) provide annual notice to potential providers of supplemental educational services of the opportunity to provide services under this subsection and of the applicable procedures for obtaining approval from the State educational agency to be an approved provider of those services. "(5) CRITERIA FOR PROVIDERS.—In order for a provider to be included on the State list under paragraph (4)(C), a provider shall agree to carry out the following: "(A) Provide parents of children receiving supplemental educational services under this subsection and the appropriate local educational agency with information on the progress of the children in increasing achievement, in a format and, to the extent practicable, a language that such parents can understand. "(B) Ensure that instruction provided and content used by the provider are consistent with the instruction provided and content used by the local educational agency and State, and are aligned with State student academic achievement standards. "(C) Meet all applicable Federal, State, and local health, safety, and civil rights laws. "(D) Ensure that all instruction and content under this subsection are secular, neutral, and nonideological. " (6) AMOUNTS FOR SUPPLEMENTAL EDUCATIONAL SERV- ICES.—The amount that a local educational agency shall make available for supplemental educational services for each child receiving those services under this subsection shall be the lesser of— "(A) the amount of the agency's allocation under subpart 2, divided by the number of children from families below the poverty level counted under section 1124(c)(1)(A); or "(B) the actual costs of the supplemental educational services received by the child. "(7) FUNDS PROVIDED BY STATE EDUCATIONAL AGENCY. — Each State educational agency may use funds that the agency reserves under this part, and part A of title V, to assist local educational agencies that do not have sufficient funds to provide services under this subsection for all eligible students requesting such services. "(8) DURATION.— The local educational agency shall continue to provide supplemental educational services to a child receiving such services under this subsection until the end of the school year in which such services were first received. "(9) PROHIBITION. —Nothing contained in this subsection shall permit the making of any payment for religious worship or instruction. " (10) WAIVER. — Reports. Public information. Notice.
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