1. Equitable Services to Private Nonprofit Schools

2. USDE Audit Findings Consultation Eligibility Criteria Equitable Services 3 rd -party Contracts Program Evaluation Inventories

3. Name LEA Number of PNPs How long have you been working with PNPs? Services from LEA, or through 3 rd -party contract? What do you want from todays training? Introductions

4. 4 Maintaining Control of Title I Program Selection Criteria Services Not to Benefit Private School Calculating Equitable Services Evaluation Third-party Contract Issues Most Common Findings Timely and Meaningful Consultation

5. 5 The LEA designs and implements the Title I program for its children who attend private schools. Maintaining Control

6. 6 The LEA cannot delegate its responsibility to private school officials. Private school officials do not develop plans or make budget decisions. These are LEA responsibilities. Maintaining Control

7. 7 Equipment inventory not up to date. No property tags. Private school officials signed the timesheets of Title I employees. Contractor determined that Title I services would be provided in an additional subject area (without LEA knowledge). LEA officials did not monitor the Title I program being provided for eligible private school children

8. 8 Must occur before decisions are made. Affirmation of Consultation. Timely and Meaningful Consultation

9. 9 Consultation Providing PNP with short list of services offered. Heres what we can provide… Do you want to participate?

10. 10 Calculating Equitable Services LEAs must provide equitable services for: Instruction Professional development Parental involvement Per-pupil amount same as if student attended public school. Dont forget reservations!

11. 11 Calculating Equitable Services The LEA did not calculate the equitable share of Title I funds it reserved for: an after-school program; summer school activities; professional development activities.

12. 12 Example The LEA has reserved Title I funds to provide after-school tutoring sessions for all its Title I middle schools. Calculating Equitable Services Equitable Services Required

13. 13 Example The LEA has reserved Title I funds to provide professional development activities to its teachers in order to improve reading instruction. Calculating Equitable Services Equitable Services Required

14. 14 Example The LEA has reserved Title I funds to provide professional development activities because it has been identified for improvement. Calculating Equitable Services Equitable Services NOT Required

15. 15 Services for Eligible Students, Not PNP The LEA must ensure that only eligible students (and their teachers and parents) receive services.

16. 16 Services for Eligible Students, Not PNP in General Equipment made available to all PNP students. All students in a grade receive services. Parents of all PNP students participate. Computers for private school classrooms. Library books for the private school's library. White boards for private school classrooms.

17. 17 Services for Eligible Students, Not PNP in General Workshops on how to teach reading. Data workshops for private school teachers to analyze data from the standardized test given to all students. Courses to help private school teachers become certified in reading.

18. 18 Eligibility--Selection Criteria Varies by program-- Title I, Part C: Identified migrant students Title III, Part A: Identified ELL students Title I, Part A: Multiple, educationally related, objective criteria …

19. 19 Title I, Part A Selection Criteria Multiple, educationally related, objective criteria. Grades Pre-K – 2: selected solely on the basis of teacher judgment, interviews with parents, or other developmentally appropriate criteria. In Head Start, Even Start, Early Reading First, or Title I Preschool at any point in 2 preceding years. Received services under Title I, Part C at any point in 2 preceding years. Homeless Note: Poverty is NOT a criterion for receiving Title I services.

20. 20 Selection Criteria "Eligible children will be those scoring below 45%." "Eligible children are those who are eligible for free or reduced-priced meals." "Eligible children will be identified by teacher judgment." "All needy children regardless of residence." The response when asked: What are the selection criteria?

21. 21 Evaluation After consulting with private school officials, the LEA must establish standards it will use to measure the effectiveness of the Title I program being provided to private school children.

22. 22 Evaluation 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 -- LEA must determine the effectiveness of the total program in raising academic achievement.

23. 23 Evaluation 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 non-academic services.

24. 24 Evaluation If the expected annual progress is not met, the LEA, after consultation, must review its program and determine modifications it should make in order to improve the effectiveness of the Title I program in raising the achievement of private school participants.

25. 25 Evaluation "Pre- and post- test scores." "The LEA will analyze test scores." "Report card grades." "The contractor will analyze the progress of children." "Standardized tests." The response when asked How is the Title I program evaluated?

26. 26 Email from Private School Principal to LEA: Dear Title I Coordinator: I have arranged for the Best Professional Development Company to provide professional development activities to my teachers who have Title I students in their classrooms. I have attached the contract that I signed. The amount due from Title I is $649.00. I will forward you the invoice when I receive it. Private School Principal Other Red Flags

27. 27 Required Title I Budget 2011-2012 Name of Private School: 123 Private School This is how our school will spend its Title I funds: Title I teacher $28,000 Materials and supplies $ 1,800 Total $29,800 Submitted: Private School Official Other Red Flags

28. 28 Other Red Flags Title I Purchase Order 5 Dell computers 3 laptop computers I would like to purchase these items for the Title I program at my school. Principal: Private School Official

29. 29 Third-party Contracts The LEA may decide, in consultation with the PNP, that services can be most effectively provided through a third party.

30. Let's start at the very beginning Let's start at the very beginning 30

31. Let's start at the very beginning Let's start at the very beginning 31 Third-party contracts are a service delivery option that should be discussed with the private school officials during the consultation process.

32. How LEA will identify needs. Services. How, where and by whom. Evaluation. Size and scope of services. Source of low-income data. Services to teachers and families of participants. Service delivery mechanism. Topics that must be addressed during consultation can be found in section 200.63 of the Title I regulations: 32

33. After consultation, the LEA should know Grades to be served. Subject areas. Type of staff. Selection criteria. Evaluation. 33

34. Private schools whose children will participate. When services will be provided. Pooling or not. Topics for parental involvement. Topics for professional development. After consultation, the LEA should know

35. The LEA should also have identified the amount of funding available for: Instruction. Parental Involvement. Professional Development (if applicable). 35

36. 36

37. The RFP The RFP is an early stage in a procurement process. It issues an invitation for suppliers, often through a bidding process, to submit a proposal on a specific service, procurement biddingproposal service,procurement biddingproposal service, 37

38. Education Department General Administrative Regulations (EDGAR) requires LEAs to use the State's procurement procedures. LEAs may add other procedures as long as they are not in conflict with the SEA's procedures. Background 38

39. An LEA should establish a committee to help with the contracting process. Contracts Procurement Procedures Beginning the Procurement Process

40. If LEAs do establish a committee, who should be on it? The committee should include representation from: Contract Office Title I Program General Counsel

41. Contracts Procurement Procedures Beginning the Procurement Process 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 RFP; Length of time RFP is on the street; Dates of panel review; Bidders response time to panels questions; Financial negotiations; and Contract signing. Note: This process may take as long as 8 months. 41

42. Type of contract; One or more than one contractor; Process to determine if proposals are compliant; Who serves on the review panel; How will points be awarded. Contracts Procurement Procedures Committee Decisions 42

43. Types of Contracts Cost Reimbursement – LEA will reimburse the third party for costs incurred as part of providing the services (Ex. salaries of teachers, materials and supplies, etc.) Fixed Price – LEA is charged a specific amount to provide services (Ex. $150,000 to provide services to 175 children). Contracts Procurement Procedures Contracts Procurement Procedures 43

44. 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? Contract Procurement Procedures 44

45. Contracts Procurement Procedures Contracts 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. 45

46. The RFP serves two purposes: 1.The RFP provides information. 2. The RFP poses questions. 46

47. First, the RFP should provide information in order that perspective contractors have sufficient information to be able to respond to the questions posed in the RFP. 47

48. The RFP should provide a "picture" of what the LEA expects in the program it is providing for eligible private school children. 48

49. The RFP should reflect the needs of eligible private school children, their classroom teachers and parents, as determined during consultation. 49

50. 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. Contracts Procurement Procedures The RFP 50

51. RFP should include the scoring rubrics the review panel will use. RFP should state that the amount of funds available for instruction, professional development, and parental involvement are not negotiable and may vary from year to year. RFP should 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 LEAs reservation for administration. Contracts Procurement Procedures The RFP 51

52. The RFP should state that all equipment purchased with program funds are the property of the LEA not the contractor. Bidders should provide breakdowns of costs by each task in their cost proposals. Contracts Procurement Procedures The RFP 52

53. Contracts 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; and Parental involvement costs.. 53

54. {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. 54

55. {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. 55

56. {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. 56

57. What about other costs that the contractor may incur? Supervisors. Office overhead and staff. Profit/fee. Professional development for employees of contractor. Travel, supplies needed to provide the services. 57

58. 58

59. {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 for the Director, assistants as needed, area supervisors, and support staff, office rent and utilities, office equipment and supplies, postage and mailings, telephone, travel, special capital expenses, escort time, professional development for Title I teachers and supervisors who are employees of the contractor, and the contractor's fee (profit). 59

60. In order to address the different amount of funding that is available each year, an LEA may decide that administration is a percentage of instructional or instructional, professional development and parental involvement funds. 60

61. Second, the RFP should pose questions 61

62. How is your program research-based? How will your program support the regular classroom program? Do you have the capacity and what are your qualifications 62

63. How will you ensure that the Title I services are supplemental? What parental involvement will be provided? What professional development will be provided? 63

64. What materials, supplies and equipment will you need? How will you complete the evaluation How will you coordinate with private school staff 64

65. The Review Process Points should be awarded by the review panel to perspective contractors who have plans or descriptions that accurately reflect the Title I equitable services requirements. 65

66. The chosen program should offer the best match to the expectations of the LEA. 66

67. Negotiating The only amount that can be negotiated is the amount that the contractor charges for administration. That amount must be counted as part of the LEAs total administrative cost. 10%? 25%? 14%? 67

68. Writing The Contract 68

69. Statements that should be included: All equipment purchased with Title I funds is the property of the LEA, not the contractor. The contractor will comply with all Title I statutory and regulatory requirements. The LEA has the right to withhold payment if any requirement is not met. 69

70. Statements that should be included: The LEA will inform the contractor by ____(date)_____ the amount of funds available for all activities (instruction, professional development, and family involvement). The contract may be modified if there is a reauthorization of the ESEA during the performance period of the contract. Clauses that address GEPA and ESEA requirements. 70

71. Other Information that should be included in both the RFP and the contract: A description of the procedures for submission of invoices by the contractor including how often they are to be submitted. 71

72. What are ESEA and GEPA requirements? 72

73. Section 9306(a) of Elementary and Secondary Education Act (ESEA) requires that: The program will be administered in accordance with all applicable statutes and regulations; and The subgrantee [the LEA] will maintain control of the program. 73

74. Section 443(a) of General Education Provisions Act (GEPA) requires subrecipients to maintain records that fully disclose: How the funds were used. Total cost of the activity for which the funds were used. Other records that will facilitate an effective audit. 74

75. Beware the tempting contract template 75

76. Phrases That Can Be Problematic: The contractor will provide input to the selection of professional development The amount of ______ will be paid in equal monthly installments. LEA and private school officials will not 76

77. The contract must reflect that the contractor is required to provide information about: How the funds were used. Total cost of the activity for which the funds were used. Other records as will facilitate an effective audit. 77

78. Invoices 78

79. The contract should require: That invoices have separate categories for instructional, professional development, parental involvement, and administrative costs. Sufficient documentation from the contractor prior to payment of the invoice. 79

80. Invoice Best Contractor September 1, 2011 - September 30, 2011 Instruction ___________________ Parental Involvement _____________ Professional Development ____________ Administration _________________ Total _____________________ 80

81. Documentation detail must be sufficient to enable the LEA to determine that the requested invoices are in accordance with program requirements and GEPA. Name and salary of each teacher. Instructional materials purchased. Specific administrative costs, such as supervisor's salary, office expenses, travel costs, capital expense type costs, and fees. 81

82. At the end of the school year, the instructional, professional development, and family involvement costs charged on the invoices should total the amount of funds generated by poverty private school children. 82

83. $100,000 - Instruction (salaries, materials, equipment) $17,000 - Professional Development (personnel to provide professional development activities to classroom teachers of participating private school children) $5,000 - Parental Involvement (personnel to provide activities to the families of participating private school children) $8,500 - Administration (includes contractors profit) 83

84. Contracts Program Issues Fiscal and Oversight Issues How will the LEA monitor the third party for compliance with program and contract requirements? 84

85. 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 childrens services, professional development and parental involvement activities; and Requests for more documentation to support invoices. Contracts Contents of Contract 85

86. Contracts Program Issues Fiscal and Oversight Issues What steps will the LEA take if the contractor is not in compliance? 86

87. The LEA is required to develop and implement the program that meets the needs of the eligible private school participants. The LEA cannot delegate its responsibility to private school officials or to a contractor. Contracts Last Words 87

88. Questions? 88 Suzy.Hartman@esc2.us 361-561-8504 or 361-742-9638

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