Federalism and market-based education policy: The supplemental educational services mandate

Under the No Child Left Behind Act of 2001, school districts that receive federal Title 1 education funds and have a "school in need of improvement-year two" must implement supplemental educational services (SES). Such districts must allocate a portion of their Title 1 funds to free tutoring for low-income students. Providers may be public or private, and parents select providers. This article develops and applies a conceptual framework for analyzing the SES policy. The policy design assumes that parents will be motivated and equipped to act upon their options in the SES marketplace. However, policy implementation depends also on actions of districts and states. While the policy challenges district power, districts enjoy substantial control over implementation, and the federal government has limited enforcement power. Early findings suggest that the impact of the policy is likely to be uneven across the nation.