Ensuring Equitable Services for Private Non-Profit School Children

Ensuring Equitable Services
for Private Non-Profit
School Children
Presenters
Linda Harrington
Yvonne Mayfield
Pat Meaux
Field Services Consultants
Office of School Improvement
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Reference Materials
The following handouts are available on MDE’s
website, www.michigan.gov/osi
Ensuring Equitable Services for Private Non-Profit
School Children 
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Power Point
Overview Technical Assistance Packet –
Working with Private Schools
Allocation Worksheets
Non-Regulatory Guidance
Private School Questions and Answers
Reference Materials
 Technical Assistance
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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
Equitable Services Requirement
District 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
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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 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 –
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Benefit the individual child, not the private school
Are provided by the LEA, not the private school
Equitable Services Requirement
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In order to meet equitable services requirement,
an LEA must:
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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.
Equitable Services Requirement
Program Responsibility
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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
Funding for Equitable
Services
Funding for Equitable Services
Collecting Poverty Data
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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 lowincome children attending private schools in other
LEAs
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Funding for Equitable Services
Generating Funds for Instruction
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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
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
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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
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Funding for Equitable Services
Calculations for District-Wide Instructional Activities
In participating public school attendance areas:
# of private
Total # of all
school children
public & private
from low÷ school children =
income families
from lowincome families
Proportion of
reservation
Amount of
x reservation
Proportion of
reservation
Amount of funds
= 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
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Equitable Services
for Children
Equitable Services for Children
Selection of Students
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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, developmentallyappropriate criteria
Grades 3 and above: selected using multiple selection
criteria
Poverty is NOT a criterion!
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
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Equitable Services for Children
Types of Services for Children
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Direct instruction outside the regular
classroom = pull out model
Tutoring
After- or before-school programs
Saturday programs
Summer school
Counseling
Computer assisted instruction (CAI)
Equitable Services for Children
Assessments
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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
Equitable Services for Children
Supplement, Not Supplant
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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
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.
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Equitable Services for Children
Service Providers – LEA Employees
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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
Equitable Services for Children
Service Providers – LEA Employees
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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
Equitable Services for Children
Materials and Equipment
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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
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)
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Equitable Services for Teachers & Families
Use of Funds
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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
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 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 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 lowreservation)
families)
income families)
5%
(Proportion
of
reservation)
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$60,000
(Total amount of
district’s reservation
x for ALL parental
involvement activities
activities)
$3,000
(Amount of
funds for
= equitable
services)
Consultation
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
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Consultation Requirements
Consultation…
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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
Consultation Requirements
What topics must be addressed during
consultation?
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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
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Consultation Requirements
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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
Consultation Requirements
 Private
school officials have the right to
complain to the SEA for the following reasons:
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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
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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Evaluation
Annual Progress
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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
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
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Other Considerations
General Requirements
Suggested Timeline
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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
General Requirements
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Meetings and consultation must occur
before district makes decisions
Consultation continues throughout
implementation
Determining Private School
Participation—Student Numbers
Private School Students Residing
Within District Boundaries
(who attend a private school within or
outside of district boundaries)
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*
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Students Attending Private School
Within District Boundaries
(regardless of their residency)
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
Allowable Uses of Funds for Private
Non-Profit (PNP) Schools
LEA 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
Stipends
Yes
Yes
Yes
Yes
Yes
Yes
Yes for
ELIGIBLE
students
Yes for
ELIGIBLE
students
No
Yes
Yes for
ELIGIBLE
students
Yes
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
No
Yes, for
ESL/bilingual
endorsement
No
Professional Development
Yes, for helping
Title I students
Yes
Yes
Yes—must use
25% for P.D.
Yes
Yes
Professional
Development in core,
academic areas—secular content only
Reasonable & Necessary
 Outside of school day
 Paid directly to teacher by LEA
Purchase of Computers
Supplies
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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 nonconsumable materials and
equipment must be
returned to the district
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District Fiscal Responsibilities
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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
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
[email protected]
(202) 260-0926
Nola Cromer
[email protected]
(202) 205-4158
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Questions, Comments and Concerns
Contact your regional Field Services Unit
Consultant:
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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
LEA Contracting with a
Third Party for Services to
Children Attending Private
Non-Profit Schools
Third Party Contracted Services
Service Providers
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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
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
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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:
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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
Third Party Contracted Services
Getting Started: Connecting to Consultation
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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
Third Party Contracted Services
Getting Started: Connecting to Consultation
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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
Third Party Contracted Services
Procurement Procedures
An LEA should establish a committee to
help with the contracting process. The
committee should include representation
from:
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Contract Office
Title I Program
General Counsel
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
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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
Third Party Contracted Services
Procurement Procedures
Types of Contracts
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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)
Third Party Contracted Services
Procurement Procedures
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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
Third Party Contracted Services
Procurement Procedures
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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
Third Party Contracted Services
Procurement Procedures: Review of Bids
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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 lowestachieving 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
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:
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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
Third Party Contracted Services
Procurement Procedures: The RFP
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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*
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* Should be paid for by the LEA’s reservation for
administration
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Third Party Contracted Services
Procurement Procedures: The RFP
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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
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:
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Instructional
Administrative
Professional development
Parental involvement costs
Third Party Contracted Services
Contents of RFP and Contract: Definitions
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{Example}
INSTRUCTIONAL COSTS
For the purposes of this contract, instructional
costs are defined as:
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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
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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)
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:
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Costs the contractor incurs to provide professional
development activities to private school teachers
of participating private school children
Third Party Contracted Services
Contents of RFP and Contract: Definitions
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{Example}
PARENTAL INVOLVEMENT COSTS
For the purposes of this contract, parental
involvement costs are defined as:
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Costs the contractor incurs to provide parental
involvement activities to parents of participating
private school children
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?
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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
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
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Third Party Contracted Services
Contents of Contract
The contract should contain:
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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
Third Party Contracted Services
Contents of Contract
A contract may not:
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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: 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

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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
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
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?
Third Party Contracted Services
Contents of Contract

The contract should state how the LEA will
conduct oversight of the contractor such as:



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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
Third Party Contracted Services
Program Issues: Fiscal and Oversight Issues
Contractor’s Administrative Costs


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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
Third Party Contracted Services
Program Issues: Fiscal and Oversight Issues




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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.
Third Party Contracted Services
Last Words


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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
Other Resources
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
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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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Questions, Comments and Concerns
Contact your regional Field Services Unit
Consultant:





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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