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These issues affecting the Supplemental Education Services (SES) provision of the federal No Child Left Behind Act have proved contentious.
The law requires states to hire only "highly qualified teachers" but forbids states from requiring private companies to hire tutors that have been deemed "highly qualified." Critics argue that tutors should be held to the same standard as teachers.
A school system is allowed to provide SES tutoring for students unless the system is declared "in need of improvement." The system, however, can provide SES tutoring to students with limited English proficiency or in need of special education services if a private tutoring company will not take them.
Although school systems in need of improvement cannot provide SES to most students, private companies can hire -- and often do -- teachers from schools in those systems. In Clark County, Nev., teachers at the failing schools are the primary source of tutors for the outside providers, a 2005 Center on Education report shows.
No Child Left Behind provides no money for school systems or states to implement SES. It is costly to administer in large school systems; in Los Angeles, brochures notifying parents of SES are $350,000.
