115 STAT. 1494 PUBLIC LAW 107-110-^AN. 8, 2002 " (A) REQUIREMENT.—At the request of a local educational agency, a State educational agency may waive, in whole or in part, the requirement of this subsection to provide supplemental educational services if the State educational agency determines that— "(i) none of the providers of those services on the list approved by the State educational agency under paragraph (4)(C) makes those services available in the area served by the local educational agency or within a reasonable distance of that area; and "(ii) the local educational agency provides evidence that it is not able to provide those services. Deadline. "(B) NOTIFICATION. —The State educational agency shall notify the local educational agency, within 30 days of receiving the local educational agency's request for a waiver under subparagraph (A), whether the request is approved or disapproved and, if disapproved, the reasons for the disapproval, in writing. "(11) SPECIAL RULE.— If State law prohibits a State educational agency from carrying out one or more of its responsibilities under paragraph (4) with respect to those who provide, or seek approval to provide, supplemental educational services, each local educational agency in the State shall carry out those responsibilities with respect to its students who are eligible for those services. "(12) DEFINITIONS. —In this subsection— "(A) the term 'eligible child' means a child from a low-income family, as determined by the local educational agency for purposes of allocating funds to schools under section 1113(c)(1); "(B) the term 'provider' means a non-profit entity, a for-profit entity, or a local educational agency that— "(i) has a demonstrated record of effectiveness in increasing student academic achievement; "(ii) is capable of providing supplemental educational services that are consistent with the instructional program of the local educational agency and the academic standards described under section 1111; and "(iii) is financially sound; and "(C) the term 'supplemental educational services' means tutoring and other supplemental academic enrichment services that are— "(i) in addition to instruction provided during the school day; and "(ii) are of high quality, research-based, and specifically designed to increase the academic achievement of eligible children on the academic assessments required under section 1111 and attain proficiency in meeting the State's academic achievement standards. "(f) SCHOOLS AND LEAS PREVIOUSLY IDENTIFIED FOR IMPROVE- MENT OR CORRECTIVE ACTION.— " (1) SCHOOLS.— "(A) SCHOOL IMPROVEMENT. — " (i) SCHOOLS IN SCHOOL-IMPROVEMENT STATUS BEFORE DATE OF ENACTMENT.— Any school that was in the first year of school improvement status under
�
