Requires school district to provide supplemental educational services (independent tutors) to low-income students in failing schools

Summary of provisions

Section 1 of the bill establishes the legislative intent, detailing the importance of supplemental education services as a proven way to improve student performance that should be maintained while the State is implementing reforms to its education system.

Section 2 of the bill would add a new section, § 3209-b, to the Education Law which would require schools that have failed to make adequate yearly progress for two consecutive years to continue to set aside a portion of their Title I funds and offer supplemental education services to low-income students free of charge.

Section 3 sets forth an immediate effective date.

Justification

While the New York State Education Department is in the process of implementing major systemic reforms to the education system under the Regents Reform Agenda, successful programs that have proven results and are targeted to the lowest performing students need to be maintained to ensure low-performing students continue to receive the services they need to improve academically.

Currently, under the Elementary and Secondary Education Act (ESEA), schools that fail to make Adequate Yearly Progress (AYP) for two consecutive years must set aside a portion of their Title I funds to provide supplemental education services (SES) to low income students. The dedication of these funds ensures low income students receive quality tutoring through the SES program. Nearly 66% of students (87,406) are eligible for the program in New York elect to take part in the program.

The Department has applied to US Department of Education (USDOE) for a waiver to the requirements of ESEA that, among other things, eliminates this requirement. Under the Department's waiver, school districts would have the option to provide tutoring but would no longer be required by federal law and state regulation to set aside federal funds to do so.

According to the Department's recent ESEA Waiver request, only 53% of students meet or exceed English language alis (ELA) standards in 2009-10, while in math, only 63% of students meet or exceed

standards. Further, the achievement gap continues to highlight the disparate performance rates for African-American and English Language Learners (ELLs) throughout the state. Thirty-five percent of African-American students meet or exceed the ELA proficiency standard compared to 64% of white students. In math, 44% met or exceed the proficiency standard, compared to 73% for white students. Only 13 percent of ELLs met the proficiency standard in ELA. In math, 32% met the proficiency standard.

SES is a highly effective way to provide one-on-one or small group instruction to disadvantaged students. Studies by the USDOE conclude that tutoring programs lead to significant gains in reading and math. As demonstrated by the statistics above, New York has a long way to go to ensure that all students meet proficiency standards in ELA and math. Further, African-American and ELL students are even further behind their peers in meeting the proficiency standards in ELA and math. Therefore, it is critical that failing schools be required to provide supplemental education services to students and to set aside dedicated Title I funds to cover the costs associated with the tutoring. Without the requirement to set aside Title I funds and to provide supplemental education services, low performing students will no longer have access to proven educational opportunities outside of the normal school day that will help them improve in ELA and math.

Legislative history

This is a new bill.

Fiscal implications

None to the state.

Effective date

This act shall take effect immediately.