Section 675.150  Provider's Relationship with District

a)         A district may impose reasonable administrative and operational requirements through its agreements with providers that are consistent with requirements imposed generally on the district's contractors or requirements set by ISBE and that do not limit educational options for parents.

b)         Districts may, but are not required to, allow the use of district facilities for SES.  If a district determines that one or more facilities have a limited capacity to accommodate multiple providers for such reasons as limited available classroom space or a limit to the district's administrative capacity to oversee multiple contractors, the district may select those providers using an equitable selection process that considers reasonable programmatic, administrative, and operational criteria consistent with criteria generally used by the district in the selection of contractors.

c)         A school district may, with notification to the State Superintendent of Education, terminate the services a provider is providing to a particular student if the provider is unable to meet the student's specific achievement goals within the timetable set out in the original agreement between the district and the provider.

d)         For any other termination of services by a school district, the district shall provide prior written notification to the State Superintendent of Education if the district intends to terminate the services of a provider throughout the district or at a particular school.

1)         The State Superintendent of Education shall require information from both the provider and the district to determine the validity of the complaint and to determine whether a corrective action plan should be implemented to address the complaint.

2)         Upon receipt and review of information from both the district and provider, the State Superintendent of Education shall determine whether the district should be allowed to proceed with the termination.

e)         No later than 30 days after the district's delivery to the provider of a district-approved list of students and a fully executed contract, a provider shall begin the provision of services to students in that district.  See also Section 675.175 of this Part.

f)         Each district shall ensure that the requirements of Section 10-21.9 of the School Code are met with respect to any tutor assigned to the district's students under the auspices of a provider of supplemental educational services.  In the case of any tutor who resides outside the United States, the district's contract with the provider employing the tutor shall require that the provider request fingerprint-based checks of criminal history records to be performed by the national and either regional or local law enforcement authorities identified in the provider's approved application.

1)         The provider shall identify for these authorities the regional superintendents of education to whom results of the records checks are to be sent.  Any information concerning the record of conviction and identification as a sex offender of any such employee obtained by the regional superintendent shall be promptly reported to the president of the appropriate school board or school boards.  [105 ILCS 5/10-21.9(f)]

2)         If law enforcement authorities decline to correspond with regional superintendents and indicate that they will respond only to the requesting provider, the provider shall furnish the presidents of the appropriate school boards with the results of all completed background checks within five business days after receiving those results.

(Source:  Amended at 32 Ill. Reg. 4046, effective February 26, 2008)