Virginia Department of Education

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2007 Resolutions

Delegating Authority to Superintendent of Public Instruction: Approval of SES and Instructional Intervention Application and Initial Appeal from Providers

Resolution Number 2007-19
May 30, 2007

The Board of Education grants the Superintendent of Public Instruction the authority to act on the Board's behalf regarding the approval of the SES and instructional intervention application and the initial appeal from the providers. The resolution reads as follows:

Virginia Board of Education Resolution
Granting the Superintendent of Public Instruction Authority to Act on Behalf of the Virginia
Board of Education Regarding Approval of Supplemental Educational Services and Instructional
Interventions Applications and Initial Appeals

WHEREAS, Section 1116(e)(4)(B-C) of the No Child Left Behind Act of 2001 requires states to: 1) develop and apply objective criteria to potential supplemental educational services (SES) providers that are based on a demonstrated record of effectiveness in increasing the academic proficiency of students on state academic content and student achievement standards; and 2) maintain an updated list of approved providers across the state, by school division, from which parents may select; and
WHEREAS, Section 8 VAC 20-131-310 of the Regulations Establishing Standards for Accrediting
Public Schools in Virginia (SOA), effective September 7, 2006, requires: 1) schools accredited with warning in English or mathematics to adopt and implement instructional interventions that have a proven track record of success at raising student achievement; and 2) the Board of Education to publish a list of recommended instructional interventions, which may be amended from time to time; and
WHEREAS, the Board of Education has the authority to approve supplemental education services and instructional intervention providers;
NOW, THEREFORE BE IT RESOLVED that the Board of Education grants the Superintendent of

Public Instruction the authority to act on behalf of the Board of Education regarding the approval of supplemental educational services and instructional interventions applications and initial appeals. Such delegation shall also be subject to the following conditions: a) that the Board reserves the right to require of the Superintendent a report concerning the exercise of any authority herein delegated; b) that the Superintendent's exercise of the delegated authorities shall conform to all regulations of the Board and laws governing educational programs and policy in Virginia; c) that this delegation is not an abnegation of the Board's power and responsibility in the areas delegated; and d) that this delegation of authority shall remain in effect until amended or rescinded by the Board of Education.

Mark E. Emblidge, President
Board of Education

Adopted in the Minutes of the Virginia Board of Education
May 30, 2007

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