When the USDE issued the final
regulations, it stated that it was building upon the
flexibility that was already available
under federal Title I
regulations, which allow states to develop alternative academic achievement standards for students with the most significant cognitive disabilities.
While good in theory, SES had many implementation problems, 12 including low participation rates and lack of quality control.13 In some districts, there were scandals involving providers overcharging districts, hiring tutors with criminal records, or violating
federal regulations.14 In all districts, SES siphoned off Title I funds, leaving less for other important Title I programs.15 The tutoring program was eventually phased out as the Department of Education began implementing «ESEA
Flexibility,» 16 also known as waivers, and it was scrapped all together
under the Every Student Succeeds Act (ESSA).17