Ensuring Equitable Services for Private Non-Profit School Children

1
Ensuring Equitable Services for Private
Non-ProfitSchool Children
2
Presenters

• Linda Harrington
• Yvonne Mayfield
• Pat Meaux
• Field Services Consultants
• Office of School Improvement

3
Reference Materials

• The following handouts are available on MDEs
  website, www.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
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)

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Requirements
6
Equitable Services RequirementDistrict
Responsibility

• Equitable Participation in
• Title I, Part A Improving the Academic
  Achievement of the Disadvantaged
• Title I, Part C Migrant Education
• Title II, Part A Teacher Principal Training
  Recruiting
• Title II, Part D Enhancing Education Through
  Technology (ARRA Recovery Funds only)
• Title III, Part A Language Instruction for
  Limited English Proficient and Immigrant
  Students
• Title 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

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 forTitle I services

9
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

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
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

12
Funding for Equitable Services
13
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

14
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

15
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

16
Funding for Equitable ServicesReservation 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

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Funding for Equitable ServicesCalculations for
District-Wide Instructional Activities

• In participating public school attendance areas
• of private Total of all
• school children public private Proportion of
• from low- school children
  reservation
• income families from low-
• income families
• Proportion of Amount of Amount of funds
• reservation x reservation
  for equitable
• services
• May be added to the instructional funds
  generated by low-income private school
  children

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
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!

21
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

24
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

25
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.

26
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

27
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

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Equitable Services for Teachers and Families
30
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

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

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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 of
• children from public private (Proportion of
• low-income school children from
  reservation)
• families) low-income families)
• 5 360,000 18,000
• (Amount of LEAs (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

35
Equitable Services for Teachers Families
Example of Calculations

• In participating public school attendance areas
• 5,000 100,000 5
• (Private school (Total number of public
  (Proportion
• children from private school
  of
• low-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)

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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 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

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Consultation Requirements

• What topics must be addressed during consultation?

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
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

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Evaluation
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
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
• Its not enough to just assess participants the
  LEA must determine the effectiveness of the total
  program in raising academic achievement

46
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

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Other Considerations
48
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 ParticipationStudent
Numbers
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Allowable Uses of Funds for Private Non-Profit
(PNP) Schools
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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!

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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 Education
• Office of School Improvement, Field Services Unit
• Technical Assistance packets on each grant source
• Call your Field Services Consultant

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For Additional Information

• Virginia Berg
• virginia.berg_at_ed.gov
• [phone]
• Nola Cromer
• nola.cromer_at_ed.gov
• [phone]

57
Questions, Comments and Concerns

• 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

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

63
Third Party Contracted ServicesGetting Started
Connecting to Consultation

• EDGAR requires LEAs to use the SEAs procurement
  procedures
• LEAs may add other procedures as long as they are
  not in conflict with the SEAs 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

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 panels questions
• Financial negotiations
• Contract signing
• Note This process may take as long as 8 months.

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
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
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
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
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
  contractors recommendations when selecting
  participants
• There was no description of how contractors
  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 employees team
  teach in the regular private school classrooms
• Contractor planned to charge a per-pupil amount
  for children served

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Third Party Contracted Services Procurement
Procedures The RFP

• LEA Committee writes and issues an RFP that meets
  the needs of eligible private school children
  based on the information gained in consultation

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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
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 LEAs reservation for
  administration

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
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
Third Party Contracted ServicesContents of RFP
and Contract Definitions

• 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

77
Third Party Contracted ServicesContents 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
  contractors fee (profit)

78
Third Party Contracted ServicesContents 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
Third Party Contracted ServicesContents 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
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
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
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
Third Party Contracted Services Contents of
Contract

• The contract should contain
• The bidders 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
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
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 LEAs single auditor or LEA
  payment procedures) from the contractor prior to
  payment of the invoice

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
  years program for private school children.

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
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 childrens services, professional
  development and parental involvement activities
• Requests for more documentation to support
  invoices

89
Third Party Contracted Services Program Issues
Fiscal and Oversight Issues

• Contractors Administrative Costs
• Must be included in the LEAs reservation under
  section 200.77(f)
• All administrative costs including contractors
  fee must be charged to this reservation

90
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.

91
Third Party Contracted Services Last Words

• 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

92
Other Resources
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
For Additional Information

• Virginia Berg
• virginia.berg_at_ed.gov
• [phone]
• Nola Cromer
• nola.cromer_at_ed.gov
• [phone]

95
Questions, Comments and Concerns

• 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