1. Ensuring Equitable Services for Private Non-Profit School Children

2. 2 Presenters Linda Harrington Yvonne Mayfield Pat Meaux Field Services Consultants Office of School Improvement

3. 3 Reference Materials The following handouts are available on MDE’s website, www.michigan.gov/osiwww.michigan.gov/osi Ensuring Equitable Services for Private Non-Profit School Children -  Power Point  Overview Technical Assistance Packet – Working with Private Schools  Allocation Worksheets  Non-Regulatory Guidance  Private School Questions and Answers

4. 4 Reference Materials  Technical Assistance Packets –  Title I, Part A  Title I, Part C  Title II, Part A  Title II, Part D – (ARRA Recovery Funds only)  Title III, Part A  Title V, Part A –(Innovative Programs only for Small Rural School Achievement Program (SRSA) Districts)

5. Requirements

6. 6 Equitable Services Requirement District Responsibility Equitable Participation in:  Title I, Part AImproving the Academic Achievement of the Disadvantaged  Title I, Part CMigrant Education  Title II, Part ATeacher & Principal Training & Recruiting  Title II, Part DEnhancing Education Through Technology (ARRA Recovery Funds only)  Title III, Part ALanguage Instruction for Limited English Proficient and Immigrant Students  Title V, Part AInnovative Programs only for Small, Rural School Achievement Program (SRSA) Districts

7. 7 Equitable Services Requirement In order to meet Equitable Services requirements, a Local Educational Entity (LEA) must annually notify all private, non-profit schools within its boundaries and outside of district if resident students attend, of eligibility for equitable participation with Title programs

8. 8 Equitable Services Requirement Low-income parents with private school children are included in census poverty counts that generate funds the Local Educational Agencies (LEAs) use for Title I services

9. 9 Equitable Services Requirement Child Benefit Theory This theory was developed to comply with the Constitutional prohibition against Federal funding to private schools. No funds go to private schools. Under the Child Benefit Theory, Title I services –  Benefit the individual child, not the private school  Are provided by the LEA, not the private school

10. 10 Equitable Services Requirement  In order to meet equitable services requirement, an LEA must: Provide eligible private school children with an opportunity to participate; Meet the equal expenditure requirements for instruction, professional development, and parent involvement; Assess student needs and the effectiveness of the Title I program; and Begin Title I programs at the same time as the Title I programs for public school children.

11. 11 Equitable Services Requirement Program Responsibility  The LEA is responsible for designing and implementing Title I programs for its resident children who attend private schools, even those attending private schools located in other LEAs  Private school officials have no authority to make any decision

12. Funding for Equitable Services

13. 13 Funding for Equitable Services Collecting Poverty Data  An LEA may calculate the number of private school children* who are from low-income families and live in participating public school attendance areas in several ways: Use same measure of poverty as for public school children Use comparable poverty data from a survey and must extrapolate results if actual data are unavailable Use comparable data from a different source Use an equated measure *LEA must collect poverty data on their resident low- income children attending private schools in other LEAs

14. 14 Funding for Equitable Services Generating Funds for Instruction  Low-income public and private school children residing in the same Title I attendance areas generate the same per-pupil amount (PPA)  PPA x the number of low-income private school children residing in participating public school attendance areas = instructional funds for the Title I programs for eligible private school children

15. 15 Funding for Equitable Services Use of Funds Funds generated by low-income private school children who reside in Title I attendance areas must be used only for instructional services

16. 16 Funding for Equitable Services Reservation of Funds LEAs must provide equitable participation from funds reserved under §200.77 of the regulations for the purpose of district-wide instructional activities and/or programs* for elementary and secondary public school children *This requirement does not apply to reservations for program improvement required under section 1116 of ESEA, homeless, pre-K, neglected or delinquent programs

17. 17 Funding for Equitable Services Calculations for District-Wide Instructional Activities In participating public school attendance areas: # of privateTotal # of all school childrenpublic & privateProportion of from low- ÷school children =reservation income familiesfrom low- income families Proportion ofAmount ofAmount of funds reservation xreservation =for equitable services** ** May be added to the instructional funds generated by low-income private school children

18. 18 Funding for Equitable Services Carryover LEAs must consider the equitable services requirements when making any decision about the use of carryover funds

19. Equitable Services for Children

20. 20 Equitable Services for Children Selection of Students  Private school children who reside in Title I participating public school attendance areas AND are failing or most at risk of failing to meet student academic achievement standards  Homeless; 2 preceding years in Head Start; Even Start; Early Reading First; Title I Preschool; Title I, Part C (Migrant Education)  Grades pre-K-2: selected solely on the basis of teacher judgment, interviews with parents, developmentally- appropriate criteria  Grades 3 and above: selected using multiple selection criteria  Poverty is NOT a criterion!

21. 21 Equitable Services for Children Standards The LEA should use:  Standards that are aligned with the curriculum of the private school  Depending on the number of private schools, there may be more than one standard The State Educational Agency cannot impose standards, achievement levels, or assessments

22. 22 Equitable Services for Children Types of Services for Children  Direct instruction outside the regular classroom = pull out model  Tutoring  After- or before-school programs  Saturday programs  Summer school  Counseling  Computer assisted instruction (CAI)

23. 23 Equitable Services for Children Assessments  After consultation, LEA establishes the assessment it will use to measure the effectiveness against the agreed-upon standards  May use the State assessment or another assessment that is aligned to the agreed-upon standards, such as the assessment used in the private school  All participants are assessed annually, including children receiving nonacademic services

24. 24 Equitable Services for Children Supplement, Not Supplant  The supplement, not supplant provision applies  Title I services must be in addition to, and cannot replace or supplant, services that would be provided by private schools to their private school participants

25. 25 Equitable Services for Children Subject Areas and Grade Spans Title I services for private school children DO NOT need to be in the same subject areas or the same grade levels as Title I services for public school children. Needs of private school participants determine what Title I services are appropriate. However, the Title I services must be in the same “grade span” as the Title I services for public school participants.

26. 26 Equitable Services for Children Service Providers – LEA Employees  Provider of Title I services must be either an employee of the LEA or an employee of a third party under contract with the LEA  Private school teachers may be employed by both the private school and the LEA; however, they must be independent of the private school during the time they are employed by the LEA to provide Title I services  LEA teachers providing Title I services must meet Highly Qualified Teacher (HQT) requirements

27. 27 Equitable Services for Children Service Providers – LEA Employees  Paraprofessionals must meet the paraprofessional qualification requirements, provide instructional support, and be under the direct supervision of and in close and frequent proximity to a highly qualified public school teacher  Private school officials may not sign time and effort records  Private school officials cannot establish requirements for LEA-employed teachers

28. 28 Equitable Services for Children Materials and Equipment  Title I funds may only be used to meet the needs of participating children  Non-Title I private school children may not use materials purchased with Title I funds  LEA must retain title to all materials purchased with Title I funds  All materials, etc., purchased with Title I funds must be labeled “Property of… School District” and placed in a secured location when not in use  Private school officials have no authority to obligate Federal funds

29. Equitable Services for Teachers and Families

30. 30 Equitable Services for Teachers & Families Requirements An LEA must provide equitable services to private school teachers and families of participating private school children from funds reserved for professional development (§1119) and parental involvement (§1118)

31. 31 Equitable Services for Teachers & Families Use of Funds  The LEA must use these funds to provide equitable services to teachers and families of participants  There is no authority under Title I for an LEA to transfer these funds to instruction  If teachers or families of participating private school students do not have a need for equitable services, those funds are available to the LEA for other allowable uses

32. 32 Equitable Services for Teachers & Families Professional Development REQUIRED CONSULTATION TOPIC: LEA must consult with private school officials prior to the LEA designing and implementing professional development activities that increase the private school teachers ’ skills and knowledge on how to better instruct their Title I children

33. 33 Equitable Services for Teachers & Families Example of Calculations In participating public school attendance areas: 5000100,0005% (Private school(Total number of children frompublic & private (Proportion of low-income ÷school children from = reservation) families)low-income families) 5%$360,000$18,000 (Amount of LEA’s(Amount of (Proportion of§ 1119 reservation*funds for reservation) xfor professional =equitable development)services) * Must also include traditional professional development reservations

34. 34 Equitable Services for Teachers & Families Parental Involvement The LEA must consult with private school officials when designing and implementing parental involvement activities that assist parents in helping their children achieve high academic standards

35. 35 Equitable Services for Teachers & Families Example of Calculations In participating public school attendance areas: 5,000100,0005% (Private school(Total number of public (Proportion children from ÷& private school =of low-incomechildren from low-reservation) families)income families) 5%$60,000$3,000 (Total amount of (Amount of (Proportiondistrict’s reservationfunds for of xfor ALL parental =equitable reservation)involvement activitiesservices) activities)

36. Consultation

37. 37 Consultation Requirements What is Consultation? Consultation involves discussions between public and private school officials on key issues that affect the ability of eligible private school children to participate equitably in Title I programs

38. 38 Consultation Requirements Consultation…  Must occur during the design, development, and implementation of the Title I programs  Must include meetings  Must occur prior to the LEA making any decisions  Must continue throughout implementation of programs  Must be documented

39. 39 Consultation Requirements What topics must be addressed during consultation?

40. 40 Consultation Requirements At a minimum, consultation must address:  How the LEA will identify the needs of eligible children  What services the LEA will offer  How and when the LEA will make decisions  How, where, and by whom the LEA will provide services  How the LEA will assess the Title I program and use the results to improve Title I services

41. 41 Consultation Requirements  The size and scope of the equitable services and the proportion of funds the LEA will allocate for services  Method or sources of data the LEA will use to determine the number of low-income students  Services the LEA will provide to teachers and families of participating children  Discussion of service delivery mechanism the LEA can use  A thorough consideration and analysis of the views of private school officials services through a contract with third-party provider

42. 42 Consultation Requirements  Private school officials have the right to complain to the SEA for the following reasons: The LEA did not engage in timely and meaningful consultation The LEA did not give consideration to the views of private school officials The LEA disputes the low-income data provided by private school officials The SEA resolves the complaint

43. Evaluation

44. 44 Evaluation After consulting with private school officials, the LEA must establish standards it will use to measure the effectiveness of the Title I program as indicated by the academic achievement of its participants

45. 45 Evaluation Annual Progress  Every year, the LEA, after consulting with private school officials, must determine what constitutes acceptable annual progress for the Title I program  This decision must be made before Title I services begin  It’s not enough to just assess participants – the LEA must determine the effectiveness of the total program in raising academic achievement

46. 46 Evaluation Program Modifications If the expected annual progress is not met, the LEA, after consultation, must review its program and determine those modifications it should make in order to improve the effectiveness of the Title I program in raising the academic achievement of private school participants

47. Other Considerations

48. 48 General Requirements Suggested Timeline  January/February Mail letter (see sample of letter)  March Conduct initial meeting (see sample of documentation) Review demographics Plan program  April - July Await allocations Meet to confirm Submit application

49. 49 General Requirements  Meetings and consultation must occur before district makes decisions  Consultation continues throughout implementation

50. 50 Determining Private School Participation—Student Numbers Private School Students Residing Within District Boundaries (who attend a private school within or outside of district boundaries) Students Attending Private School Within District Boundaries (regardless of their residency) Title I, Part A Funding Generated By:  Low-income students who reside in a Title I school attendance area Students Eligible to be Served:  Identified by a Needs Assessment for achievement below standard and reside in a Title I school attendance area* Title I, Part C  Meet criteria for migrant?  Meet priority for services? Title II, Part A Title II, Part D Title III, Part A  Meet criteria for LEP/Immigrant?  Completes Home Language Survey? Title V, Part A

51. 51 Allowable Uses of Funds for Private Non-Profit (PNP) Schools LEA for PNP SchoolsTitle I, Part ATitle I, Part CTitle II, Part ATitle II, Part DTitle III, Part ATitle V, Part A Salaries for PNP personnelNo Salaries of LEA staff who service PNP Yes Yes, if providing PD Yes, P.D. only Yes Substitutes for ANY reasonNo Stipends  Professional Development in core, academic areas—secular content only  Reasonable & Necessary  Outside of school day  Paid directly to teacher by LEA Yes Yes Purchase of ComputersYes for ELIGIBLE students NoYesYes for ELIGIBLE students Yes SuppliesYes, for Title I students Yes, for Migrant students Yes for P.D.Yes, for Tech Support & P.D. Yes, for Eligible Students Yes Class Size ReductionNo Support for PNP staff to become HQ No Yes, for ESL/bilingual endorsement No Professional DevelopmentYes, for helping Title I students Yes Yes—must use 25% for P.D. Yes

52. 52 What Happens When a PNP Closes or the Program Ends? If a program is terminated or if the private school closes, the non- consumable materials and equipment must be returned to the district

53. 53 District Fiscal Responsibilities  Write a check? NO!  Generate a purchase order  Pay for professional development registrations  Pay wages of district employees who serve the private school  Pay for services of third-party employees who serve the private schools (“purchased services”) YES!

54. Other Resources

55. 55 Further Assistance  U.S. Department of Education Guidance Documents  www.ed.gov/policy/elsec/guid/list.jhtml Office of Nonpublic Education  www.ed.gov/about/offices/list/oii/nonpublic/index.html  Michigan Department of Education Office of School Improvement, Field Services Unit Technical Assistance packets on each grant source Call your Field Services Consultant

56. 56 For Additional Information Virginia Berg virginia.berg@ed.gov (202) 260-0926 Nola Cromer nola.cromer@ed.gov (202) 205-4158

57. 57 Contact your regional Field Services Unit Consultant: Region 1............ 517-373-4009 Region 2............ 517-373-0161 Region 3............ 517-373-6341 Region 4............ 517-373-4004 Region 5............ 517-373-4212 Questions, Comments and Concerns

58. LEA Contracting with a Third Party for Services to Children Attending Private Non-Profit Schools

59. 59 Third Party Contracted Services Service Providers  LEA must follow State procedures for procurement when contracting with a third party  Contract must be detailed enough so LEA knows that the third party will comply with all Title I requirements  Invoices from the third party must list administrative and instructional costs as would be required by an audit  LEA must monitor third party’s performance

60. 60 Third Party Contracted Services The Contracting Process An LEA should use the Request for Proposal (RFP) and contract processes to define how a third party will provide equitable services

61. 61 Third Party Contracted Services Getting Started: Connecting to Consultation  Consultation with private school officials must occur before the LEA begins the contracting process  Consultation must address: How children’s needs will be identified What services will be offered How and when decisions about the delivery of services will be made How, where, and by whom services will be provided

62. 62 Third Party Contracted Services Getting Started: Connecting to Consultation  Size and scope of services  Proportion of funds allocated  Method for determining poverty data  Equitable services to teachers and parents of participants  How services will be assessed and improved based upon assessment results

63. 63 Third Party Contracted Services Getting Started: Connecting to Consultation  EDGAR requires LEAs to use the SEA’s procurement procedures  LEAs may add other procedures as long as they are not in conflict with the SEA’s procedures

64. 64 Third Party Contracted Services Procurement Procedures An LEA should establish a committee to help with the contracting process. The committee should include representation from:  Contract Office  Title I Program  General Counsel

65. 65 Third Party Contracted Services Procurement Procedures: Timeline  The committee should develop a contracting timeline so that equitable services begin for the private school children at the same time as the program for public school children  The timeline should include important benchmarks: Writing and approval of Request for Proposal (RFP) Length of time RFP is “on the street” Dates of panel review Bidders’ response time to panel’s questions Financial negotiations Contract signing Note: This process may take as long as 8 months.

66. 66 Third Party Contracted Services Procurement Procedures: Committee Decisions  Type of contract  One or more than one contractor  Process to determine if proposals are compliant  Who serves on the review panel  How points will be awarded

67. 67 Third Party Contracted Services Procurement Procedures Types of Contracts  Cost Reimbursement – LEA will reimburse the third party for costs incurred as part of providing the services (eg., salaries of teachers, materials and supplies, etc.)  Fixed Fee – LEA is charged a specific amount to provide services (eg., $150,000 to provide services to 175 children)

68. 68 Third Party Contracted Services Procurement Procedures  Who serves on the review panel? Review panel members must be knowledgeable about Title I equitable services requirements so they are able to accurately discern non-compliant responses  Does the State procurement rules allow private school officials to participate or is it considered a conflict of interest? A determination must be made as to whether or not PNP officials may review such bids under the State procurement rules

69. 69 Third Party Contracted Services Procurement Procedures  LEAs should establish a process to determine if bidders’ proposals are in compliance with Title I equitable services requirements  Points should be awarded by the review panel to bidders who have plans or descriptions that accurately reflect the Title I equitable services requirements  Non-compliant responses should not be awarded any points

70. 70 Third Party Contracted Services Procurement Procedures: Review of Bids Bidder Responses That Raise a Red Flag  Although private school officials recommended participants, LEA was required to use contractor’s recommendations when selecting participants  There was no description of how contractor’s instructional program would meet needs of lowest- achieving children  Contractor would provide private school administrators training in administrative leadership skills  Contractor planned to have its employee’s team teach in the regular private school classrooms  Contractor planned to charge a per-pupil amount for children served

71. 71 LEA Committee writes and issues an RFP that meets the needs of eligible private school children based on the information gained in consultation Third Party Contracted Services Procurement Procedures: The RFP

72. 72 Third Party Contracted Services Procurement Procedures: The RFP The RFP should:  Reflect all the tasks that the LEA wants completed  Require bidders to describe in detail in their responses how each required task would be completed  Contain a list of required deliverables with due dates  Include instructions to bidders on how to complete a proposal

73. 73 Third Party Contracted Services Procurement Procedures: The RFP  RFP Should: Include the scoring rubrics the review panel will use State the amount of funds available for instruction, professional development, and parental involvement are not negotiable and may vary from year to year Require bidders to indicate the percentage of administrative costs. Administrative costs should be a percentage of the instructional funds* * Should be paid for by the LEA’s reservation for administration

74. 74 Third Party Contracted Services Procurement Procedures: The RFP  The RFP should state that all equipment purchased with Title I funds are the property of the LEA not the contractor  Bidders should provide breakdowns of costs by each task in their cost proposals

75. 75 Third Party Contracted Services Contents of RFP and Contract What should the LEA include in both the RFP and contract? The LEA should include definitions and uses for:  Instructional  Administrative  Professional development  Parental involvement costs

76. 76 {Example} INSTRUCTIONAL COSTS  For the purposes of this contract, instructional costs are defined as: Teacher and instructional aide salaries, including fringe benefits Instructional materials, including such items as books, computers and software for student use, workbooks, and supplies Third Party Contracted Services Contents of RFP and Contract: Definitions

77. 77 Third Party Contracted Services Contents of RFP and Contract: Definitions {Example} ADMINISTRATIVE COSTS  For the purposes of this contract, administrative costs are defined as: Costs the contractor incurs to administer the program, including but not limited to salaries and fringe benefits of the Director, computer assistants (if needed), area supervisors, and support staff; office rent, utilities, equipment and supplies; postage and mailings; telephone; travel; special capital expenses; professional development for Title I teachers and supervisors who are employees of the contractor; and the contractor’s fee (profit)

78. 78 Third Party Contracted Services Contents of RFP and Contract: Definitions {Example} PROFESSIONAL DEVELOPMENT COSTS  For the purposes of this contract, professional development costs are defined as: Costs the contractor incurs to provide professional development activities to private school teachers of participating private school children

79. 79 Third Party Contracted Services Contents of RFP and Contract: Definitions {Example} PARENTAL INVOLVEMENT COSTS  For the purposes of this contract, parental involvement costs are defined as: Costs the contractor incurs to provide parental involvement activities to parents of participating private school children

80. 80 Third Party Contracted Services Contents of RFP and Contract If the contractor is responsible for determining the effectiveness of the Title I program, the LEA should list the standards and the assessment that the contractor will use and the assessment format based on the consultation discussions

81. 81 Third Party Contracted Services Contents of Contract What else should a contract contain?  A statement that the contractor will comply with all Title I statutory and regulatory requirements  An acknowledgement of the right of the LEA to withhold payment if any requirement is not met  A statement that the contract may be modified if there is a reauthorization of the ESEA during the performance period of the contract

82. 82 Third Party Contracted Services Contents of Contract Since the amount of funds available for instruction, professional development and parental involvement generally varies from year to year, the LEA should have a statement in the contract that the LEA will inform the contractor by a certain date the amount of funds available for each activity

83. 83 Third Party Contracted Services Contents of Contract The contract should contain:  The bidder’s proposal with all changes required by the LEA  A list of all deliverables with due dates  Other sections as required by the LEA contract office

84. 84 Third Party Contracted Services Contents of Contract A contract may not:  Require private school officials to develop plans or make budget decisions! This is an LEA responsibility

85. 85 Third Party Contracted Services Contents of Contract: Invoices The contract should:  Describe the procedures for submission of invoices by the contractor How often? (Monthly or bimonthly)  Require that invoices have separate categories for instructional, professional development, parental involvement, and administrative costs The LEA should require sufficient documentation (as required by the LEA’s single auditor or LEA payment procedures) from the contractor prior to payment of the invoice

86. 86 Third Party Contracted Services Considerations At the end of the school year, the instructional costs charged on the invoices should equal the amount of funds generated by low-income private school children. If it does not, and the instructional costs are less than what the amount generated, the LEA, after consulting with private school officials, must either expend the excess funds on programs for participating private school children or carry over the balance to next year’s program for private school children.

87. 87 Third Party Contracted Services Program Issues: Fiscal and Oversight Issues  How will the LEA monitor the third party for compliance with Title I and contract requirements?  What steps will the LEA take if the contractor is not in compliance?

88. 88 Third Party Contracted Services Contents of Contract  The contract should state how the LEA will conduct oversight of the contractor such as: Monthly unannounced visits Monthly or bimonthly reports by school of activities for children’s services, professional development and parental involvement activities Requests for more documentation to support invoices

89. 89 Third Party Contracted Services Program Issues: Fiscal and Oversight Issues Contractor’s Administrative Costs  Must be included in the LEA’s reservation under section 200.77(f)  All administrative costs including contractor’s fee must be charged to this reservation

90. 90 Third Party Contracted Services Program Issues: Fiscal and Oversight Issues  Determine payment schedule  Determine what documentation to require from contractor to support request for payment  Determine type of insurance coverage  Determine type of background checks on teachers, etc.

91. 91  The LEA is required to develop and implement the Title I program that meets the needs of the Title I participants  The LEA cannot delegate its responsibility to private school officials or to a contractor Third Party Contracted Services Last Words

92. Other Resources

93. 93 Further Assistance  U.S. Department of Education Guidance Documents  www.ed.gov/policy/elsec/guid/list.jhtml Office of Nonpublic Education  www.ed.gov/about/offices/list/oii/nonpublic/index.html  Michigan Department of Education Office of School Improvement, Field Services Unit Technical Assistance packets on each grant source Call your Field Services Unit Consultant

94. 94 For Additional Information Virginia Berg virginia.berg@ed.gov (202) 260-0926 Nola Cromer nola.cromer@ed.gov (202) 205-4158

95. 95 Contact your regional Field Services Unit Consultant: Region 1............ 517-373-4009 Region 2............ 517-373-0161 Region 3............ 517-373-6341 Region 4............ 517-373-4004 Region 5............ 517-373-4212 Questions, Comments and Concerns