Ensuring Equitable Services for Private Non-Profit School Children.

Ensuring Equitable Services for Private Non-Profit

School Children

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Presenters

Linda Harrington

Yvonne Mayfield

Pat MeauxField Services Consultants

Office of School Improvement

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Reference MaterialsThe following handouts are available on MDE’s website, www.michigan.gov/osiEnsuring 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

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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)

Requirements

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Equitable Services RequirementDistrict Responsibility

Equitable Participation in:Title I, Part A Improving the Academic Achievement

of the DisadvantagedTitle I, Part C Migrant EducationTitle II, Part A Teacher & Principal Training & RecruitingTitle II, Part D Enhancing Education Through Technology

(ARRA Recovery Funds only)Title III, Part A Language Instruction for Limited English

Proficient and Immigrant StudentsTitle V, Part A Innovative Programs only for Small, Rural

School Achievement Program (SRSA) Districts

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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

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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

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Equitable Services RequirementChild 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

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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.

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Equitable Services Requirement Program Responsibility The LEA is responsible for

designing and implementingTitle 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

Funding for Equitable Services

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Funding for Equitable ServicesCollecting 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

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Funding for Equitable ServicesGenerating 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

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Funding for Equitable ServicesUse of Funds

Funds generated by low-income private school children who reside in Title I

attendance areas must be used only for instructional services

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Funding for Equitable ServicesReservation of FundsLEAs 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

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Funding for Equitable ServicesCalculations for District-Wide Instructional Activities

In participating public school attendance areas:

# of private Total # of allschool children public & private Proportion offrom low- ÷ school children = reservationincome families from low-

income families

Proportion of Amount of Amount of fundsreservation x reservation = for equitable

services**

** May be added to the instructional funds generated by low-income private school children

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Funding for Equitable Services Carryover

LEAs must consider the equitable services requirements when making any decision

about the use of carryover funds

Equitable Services for Children

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Equitable Services for ChildrenSelection 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!

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Equitable Services for ChildrenStandards

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

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Equitable Services for ChildrenTypes 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)

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Equitable Services for ChildrenAssessments 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

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Equitable Services for ChildrenSupplement, 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

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Equitable Services for ChildrenSubject Areas and Grade Spans

Title I services for private school childrenDO 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.

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Equitable Services for ChildrenService 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

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Equitable Services for ChildrenService 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

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Equitable Services for ChildrenMaterials 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

Equitable Services for Teachers and Families

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Equitable Services for Teachers & FamiliesRequirements

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)

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Equitable Services for Teachers & FamiliesUse 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

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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

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Equitable Services for Teachers & Families Example of Calculations

In participating public school attendance areas:5000 100,000 5% (Private school (Total number ofchildren from public & private (Proportion oflow-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) x for professional = equitable

development) services)* Must also include traditional professional development

reservations

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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

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Equitable Services for Teachers & Families Example of CalculationsIn participating public school attendance areas:

5,000 100,000 5% (Private school (Total number of public (Proportionchildren from ÷ & private school = oflow-income children from low- reservation)families) income families)

5% $60,000 $3,000(Total amount of (Amount of

(Proportion district’s reservation funds for of x for ALL parental = equitable reservation) involvement activities services)

activities)

Consultation

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Consultation RequirementsWhat 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

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Consultation RequirementsConsultation… 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

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Consultation Requirements

What topics must be addressed during consultation?

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Consultation RequirementsAt 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

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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

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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

Evaluation

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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

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EvaluationAnnual 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

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EvaluationProgram 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

Other Considerations

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General RequirementsSuggested 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

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General Requirements

Meetings and consultation must occur before district makes decisions

Consultation continues throughout implementation

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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 AFunding Generated By: Low-income students who reside in a Title I school attendance areaStudents 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 ATitle II, Part DTitle III, Part A Meet criteria for LEP/Immigrant? Completes Home Language Survey?Title V, Part A

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Allowable Uses of Funds for Private Non-Profit (PNP) SchoolsLEA for PNP Schools Title I, Part A Title I, Part C Title II, Part A Title II, Part D Title III, Part A Title V, Part A

Salaries for PNP personnel No No No No No No

Salaries of LEA staff who service PNP

Yes Yes Yes, if providing PD

Yes, P.D. only

Yes Yes

Substitutes for ANY reason No No No No No No

StipendsProfessional Development in core, academic areas—secular content onlyReasonable & Necessary Outside of school day Paid directly to teacher by LEA

Yes Yes Yes

Yes Yes Yes

Purchase of Computers Yes for ELIGIBLE

students

Yes for ELIGIBLE students

No Yes Yes for ELIGIBLE

students

Yes

Supplies Yes, 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 Reduction No No No No No No

Support for PNP staff to become HQ

No No No No NoYes, for

ESL/bilingual endorsement

No

Professional Development Yes, for helping Title I students

Yes Yes Yes—must use 25% for P.D.

Yes Yes

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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

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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!

Other Resources

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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 EducationOffice of School Improvement, Field Services UnitTechnical Assistance packets on each grant sourceCall your Field Services Consultant

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For Additional Information

Virginia Berg

[email protected]

(202) 260-0926

Nola Cromer

[email protected]

(202) 205-4158

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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

LEA Contracting with a Third Party for Services to Children Attending Private

Non-Profit Schools

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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

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Third Party Contracted ServicesThe Contracting Process

An LEA should use the Request for Proposal (RFP) and contract processes to

define how a third party will provide equitable services

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Third Party Contracted ServicesGetting 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

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Third Party Contracted ServicesGetting 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

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Third Party Contracted ServicesGetting 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

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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

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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.

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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

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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)

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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

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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

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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

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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

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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

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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

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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

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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

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{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 ServicesContents of RFP and Contract: Definitions

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{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)

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{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

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{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

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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

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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

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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

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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

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A contract may not: Require private school officials to develop

plans or make budget decisions!

This is an LEA responsibility

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Third Party Contracted Services Contents of Contract: InvoicesThe contract should: Describe the procedures for submission of invoices

by the contractorHow 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

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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.

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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?

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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

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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

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Third Party Contracted ServicesProgram 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.

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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

Other Resources

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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 EducationOffice of School Improvement, Field Services UnitTechnical Assistance packets on each grant sourceCall your Field Services Unit Consultant

94

For Additional Information

Virginia Berg

[email protected]

(202) 260-0926

Nola Cromer

[email protected]

(202) 205-4158

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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

Ensuring Equitable Services for Private Non-Profit School Children.

Documents

Transcript of Ensuring Equitable Services for Private Non-Profit School Children.