NYSED Office of Accountability -Title I School & Community Services – September 2011 Webinar

1. NYSED Office of Accountability -Title I School & Community Services – September 2011 Webinar Information on Implementing Supplemental Educational Services (SES) for Local Educational Agencies (LEA) Required to Offer SES for the First Time

2. Legislative Authority and Student Eligibility • Federal ESEA – NCLB – Section 1116 – Academic Assessment & LEA & School Improvement • Title 34--Education CHAPTER II--OFFICE OF ELEMENTARY AND SECONDARY EDUCATION, DEPARTMENT OF EDUCATION • PART 200--TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED – Sections 200.37, 200.45, 200.46, 200.47, 200.48 • 8 NYCRR 120.4 – Supplemental Educational Services (State) • Eligibility: Under SED’s U.S. Department of Education (USDE) approved Differentiated Accountability Plan, eligible students are all students from low-income families who attend Title I schools that are in their firstyear (and Year 2) of school improvement, corrective action, or restructuring.

3. What are Supplemental Educational Services? • Supplemental educational services (SES) are additional academic instruction designed to increase the academic achievement of students in schools in the second year (First Year under NYSED’s USDE approved Differentiated Accountability Plan) of improvement, corrective action, or restructuring. These services, which are in addition to instruction provided during the school day, may include academic assistance such as tutoring, remediation and other supplemental academic enrichment services that are consistent with the content and instruction used by the local educational agency (LEA) and are aligned with the State’s academic content and achievement standards. SES must be high quality, research-based, and specifically designed to increase student academic achievement [Section 1116(e)(12)(C); 34 §C.F.R. 200.45(a)].

4. The Best Source for LEA Guidance on Implementing SES • The U.S. Department of Education (USDE) ESEA-NCLB Supplemental Educational Services – Non-Regulatory Guidance – Dated January 14, 2009 • The Guidance Document can be found by going to the following weblink: • http://www2.ed.gov/policy/elsec/guid/edpicks.jhtml?src=az

5. General Responsibilities of an LEA to Implement SES • LEAs are required to: • Notify parents of eligible students annually (in an understandable and uniform format, and, to the extent practicable, in a language or other mode of communication the parents can understand) of: • The availability of supplemental educational services. • The identity of Department approved providers of those services that are within the LEA or whose services are reasonably available in neighboring LEAs and, • A brief description of the services, qualifications, and demonstrated effectiveness of each such provider. • If requested, assist parents in choosing an approved provider.

6. General Responsibilities of an LEA to Implement SES – cont’d: • Monitor the SES Providers implementation of SES per the agreed upon LEA/SES Provider Contract/Agreement. • Notify the State Education Department of any noncompliance with the LEA/SES Provider Contract/Agreement. • Ensure that eligible students with disabilities (SWD) and limited English proficiency (LEP) receive appropriate supplemental educational services, accommodations and language assistance in the provision of these services. • Provide parents with information about SES providers who indicated in their application that they are able to serve students with disabilities and/or limited English proficient (LEP) students. • Notify parents of any SES providers that can provide services through distance learning technology.

7. General Responsibilities of an LEA to Implement SES – cont’d: • LEAs are notrequired to provide transportation to the location where supplemental educational services are provided. Parents are responsible for the transportation of their child to and from SES provider sites. • LEAs must continue to offer supplemental educational services until the school in question is no longer in school improvement according to requirements of NCLB. • LEAs must monitor SES providers implementation of SES. • LEAs (and SES Providers) must report annually to SED on their SES implementation efforts (Summary Report of SES Providers)

8. General LEA Parent Notification Requirements • Districts must communicate with parents on the SES option. Certain information must be in the notification letter. Additional information on SES is to be posted on a district’s website. • SES is a parentchoiceoption, not a district choice option. • Districts must have at least two open enrollment windows each year. Each enrollment period should be 2-4 weeks. Districts with open SES enrollment must still notify parents about the availability of SES twice a year at distinct separate periods (usually Fall/Late Winter). • SES Provider Fairs, usually held during an Open House School meeting is one of the best ways to have providers meet and share information with parents on their programs. • When a school comes off the accountability list during the school year because of having made AYP for (2) consecutive years, SED recommends that the district transition the end of SES (provide SES until the end of a marking period or semester) rather than abruptly canceling services.

9. General LEA Parent Notification Requirements • An LEA is required to prominently display on its Web site the following information regarding SES: • Beginning with data from the 2007-2008 school year, and for each subsequent school year, the number of students who were eligible for and the number of students who participated in SES [34 C.F.R. §§200.39(c)(1)(ii); 200.42(b)(5); 200.43(b)(5); 200.43(c)(1)(iii)]; and • For the current school year, a list of SES providers approved by the State to serve the LEA and the locations where services are provided [34 C.F.R. §§200.39(c)(1)(iii); 200.42(b)(5); 200.43(b)(5); 200.43(c)(1)(iii)].

10. General LEA Parent Notification Requirements - cont’d: • An LEA should display this information on its Web site in a place that is visible and easy for parents to locate. Note that an LEA must list on its Web site all SES providers approved by the State to serve the LEA.* This includes SES providers approved by the State that are located within the LEA, as well as in its general geographic location, and providers accessible through distance learning technology [34 C.F.R. §§200.37(b)(5)(ii)(A); 200.39(c)(1)(iii)]. • *In lieu of listing all SED Approved SES Providers (NYS has 300+ Providers) an LEA may display the SED NCLB SES Providers Catalog web address (see below) for access by parents. • http://www.p12.nysed.gov/nclb/ses/ApprovedProviders/ • The LEA should, however, specificallylist those SES providers they have contracted with to provide services to eligible students.

11. General LEA Parent Notification Requirements - cont’d: • SED recommends that the above information be included in a separate Parent SES Information/Enrollment Packet. The School Improvement Notification letter should mention the SES option based upon income eligibility and that a more detailed description of the SES option will be mailed to eligible families in the form of a Parent SES Information/Enrollment Packet. The packet should include the following information: • Explain how parents can obtain SES for their child [Section 1116(e)(2)(A)(i); 34 C.F.R. §200.37(b)(5)(i)]. • Identify each approved SES provider within the LEA or in its general geographic location, including providers that are accessible through technology, such as distance learning [Section 1116(e)(2)(A)(ii); 34 C.F.R . §200.37(b)(5)(ii)(A)]. • Describe briefly the services, qualifications and evidence of effectiveness for each provider [Section 1116(e)(2)(A)(iii); 34 C.F.R. §200.37(b)(5)(ii)(B)]. (See G-4.) Note: This information is obtainable by going to the NYSED SES Providers Catalog weblink shown in Slide 10 above.

12. General LEA Parent Notification Requirements - cont’d: • Indicate providers that are able to serve students with disabilities or LEP students [34 C.F.R. §200.37(b)(5)(ii)(B)]. (See G-4.) • Include an explanation of the benefits of receiving SES [34 C.F.R. §200.37(b)(5)(ii)(C)].(See G-5.) • Additionally, an LEA should describe the procedures and timelines that parents must follow to select a provider to serve their child, such as where and when to return a completed application, when and how the LEA will notify parents about enrollment dates and start dates; and whom to contact in the LEA for more information. If an LEA anticipates that it will not have sufficient funds to serve all eligible students, it should also include in the notice information on how it will set priorities in order to determine which eligible students receive services. (See F-3.) • LEAs may provide additional information in the notice to parents, as appropriate. However, any additional information should be balanced and should not attempt to dissuade parents from exercising their option to obtain SES for their child.

13. APPLICABLE RESPONSIBILITIES OF THE LEA TO IMPLEMENT SES – LEA/PROVIDER REQUIRED CONTRACT COMPONENTS • LEAs are required to: Contact providers selected by the parents and enter into a contractual agreement that includes the following provisions: • A statement of specific achievement goals for each student based upon the student’s specific educational needs. • A description of how the student’s progress will be measured. • A timetable for improving achievement. • For eligible students with disabilities, the goals, method of measurement and timetable set forth in the agreement must be consistent with the student’s individualized education program pursuant to the Individuals with Disabilities Education Act.

14. LEA/PROVIDER REQUIRED CONTRACT COMPONENTS– cont’d: • The initiation date, frequency, and duration of services to be provided. • The location where services will be provided. • A description of how each eligible student’s parents, teacher(s) and LEA will be regularly informed (at least quarterly) of the student’s progress. • A provision for termination of such agreement if the provider is unable to meet the academic achievement goals and timetables. • A provision that the term of the agreement shall not exceed the end of the academic year in which the student first received such services (for purposes of supplemental educational services, academic year is defined as September 1 – August 31).

15. LEA/PROVIDER REQUIRED CONTRACT COMPONENTS– cont’d: • A provision that the agreement shall terminate immediately upon the provider’s removal from the Department’s catalog of approved supplemental educational services providers. • Payment provisions based on student attendance and delivery of supplemental educational services. • An assurance from the provider that the identity of any student eligible for, or receiving, supplemental educational services will not be disclosed without the written permission of the parents of the student. • A description of the program to be used. • The experience and qualifications of staff responsible for the delivery of the instructional program, including an assurance that instruction will be provided under the general supervision of a New York State certified teacher.

16. LEA/PROVIDER REQUIRED CONTRACT COMPONENTS– cont’d: • Provisions that subject all individuals employed by or otherwise associated with the approved provider, including support staff, etc., who have direct contact with students, to the fingerprint and criminal history record check pursuant to Education Law §§305(30), 1125(3), 1604(39), 1604(40), 1709(39), 1709(40), 1804(9), 1804(10), 1950(4)(ll), 1950(4)(mm), 2503(18), 2503(19), 2554(25), 2554(26), 2590-h (20), 2854(3)(a-2), 2854(3)(a-3), 3035 and Part 87 of the regulations of the Commissioner of Education. • A provision that the provider submit to the LEA, a final written report in a format prescribed by the State, that summarizes the progress of eligible students provided with supplemental educational services (Summary Report of SES Providers).

17. LEA/PROVIDER REQUIRED CONTRACT COMPONENTS– cont’d: • Provide parents of students receiving supplemental educational services, teachers and the appropriate LEA with information on the progress of the students in increasing achievement, in a format and, to the extent practicable, in a language or other mode of communication that parents can understand. • Supplemental educational services instruction and content are secular, neutral and non-ideological. • Comply with all applicable Federal, State, and local health, safety, and civil rights laws.

18. Nuts & Bolts information Regarding SES • Academic Information Services (AIS), and Response to Intervention (RtI) are not SES. • SES can only be provided outside the regular school day (ex. Before, After-School, Saturday, And/or Summer) • Districts must contact all SES providers approved by SED for their area/district, annually. They may do so by referring to the contact information located in the SED NCLB SES Providers Catalog. Contact may be by e-mail, letter or phone call or a combination of these efforts. All efforts need to be documented for monitoring purposes. • Districts can only break an LEA/Provider Contract/Agreement with a provider, if the provider does not fulfill the terms of the contract/agreement or the Department removes them from the NYSED approved SES Providers Catalog.

19. Nuts & Bolts information Regarding SES – cont’d: • Neither districts nor schools can provide SES without the approval of SED via the SES RFQ application submission, review and approval process. (Note: The 2011-12 SES RFQ Application has not yet been posted.) • Only SED approved SES Providers may provide SES to eligible students. • Districts must set-aside the “equivalent” of 20% of their Title I-A allocation for SES/Choice. This is true even if a district is only required to offer SES. Funds can come from Title I-A, II-A under the “Transferability Option”, and State and/or Local Funds. • Title I-A – ARRA Funds are notavailable in 2011-12. • Districts and SES providers must report to SED annually on their SES implementation efforts. (SUMMARY REPORT OF SES PROVIDERS)

20. Nuts & Bolts information Regarding SES – cont’d: • If a district does not expend the full 20% during the school year they must roll over the unused SES funds into the next school year, on top of the new school year’s 20% set-aside amount. • Districts can request a waiver from SED to use the unexpended SES funds on other allowable I-A purposes. Note: If a district receives a waiver from SED they mayhavetore-calculate the proportionate share of the Title I-A funds for private schools since these released funds may change the Title I Per Pupil Amount (PPA) calculated on the Supplement Form. • The memo on the waiver process can be obtained by going to the NYSED Title I SES web site: • http://www.p12.nysed.gov/accountability/TitleI/fieldmemos/20percentsessetasidewaiverreqrev.pdf

21. Nuts & Bolts information Regarding SES – cont’d:Determining if Private Schools are to Receive a Proportionate Share of the 20% SES set-aside SED Waived Funds • If a district served any of their schools below 35% poverty with Title I-A funds then a private school doesnotreceive a proportionate share of the SES carryover. The SED Online Supplement Form calculates the district’s Per Pupil Amount (PPA) before any set-asides are taken out. This means that any private school receiving funds has received their proportionate share of I-A funds. • If a district serves only schools at 35% poverty or higher, butchosenottoremove the set-asides before calculating the PPA (as they are allowed to do) then the private school has received its proportionate share.

22. Nuts & Bolts information Regarding SES – cont’d:Determining if Private Schools are to Receive a Proportionate Share of the 20% SES set-aside SED Waived Funds – cont’d: • If a district that serves only school buildings with 35% poverty or higher with Title I-A funds, and chosetoremoveallowableset-asides,beforecalculating the PPA, in the SED Online Supplement Form, the district must re-calculate the private school’s proportionate share of I-A funds. • The following is a simplified example of calculating a private school’s proportionate share of waived SES funds: • SED waivers $100,000.00 of unused SES funds (the district may use the funds in the current school year or carry them over to the next school year). The total poverty count from public and private schools is 125. There are 100 public school poverty students and 25 private school poverty students – Continued next page

23. Nuts & Bolts information Regarding SES – cont’d:Determining if Private Schools are to Receive a Proportionate Share of the 20% SES set-aside SED Waived Funds – cont’d: • The district would divide the total poverty count of Title I students (125) into the $100,000.00, the result is a PPA of $800. The $800 is multiplied by 25 (private school poverty count) for a total of $20,000.00. That $20,000.00 is the private school’s proportionate share of the $100,000.00 SED waived SES funds. • The district must inform the private school of the availability of those funds for services to eligible students. • The private school can then access the use of the funds (they can never access the funds directly) during the current school year for allowable Title I purposes or if they choose, can roll over those funds into the following year. Those rolled over funds would be in addition to the following school year’s private school proportionate share. The 15% Title I carryover limit is not applicable to private school carryover.

24. Nuts & Bolts information Regarding SES – cont’d: • SES Provider Fairs: Usually held during an Open House School meeting is one of the best ways to have providers meet and share information with parents on their programs. • Districts should notallow SES providers to give away any incentives to parents at the SES Provider Fairs, in order to entice parents to sign up with their organization. Some SED approved SES providers are allowed to give away small prizes, worth less than $25.00 (Ex. Sylvan Learning Centers – Token incentive) as part of their approved instructional program.

25. Nuts & Bolts information Regarding SES – cont’d: • Setting the Hourly Rate with SES Providers: • SED recommends flexibility when negotiating the hourly rates to be paid to SES providers. That hourly rate covers all administrative, salary, benefits, and advertising costs. A starting off point for rates could be the union contract hourly rates. Remember that those rates are for instruction (salary & benefits) and do not include administrative and other related costs incurred by the Provider. Rates should be different based upon group size, qualifications of instructional staff, type of instruction (ex. online vs. one-on-one, vs. small group instruction).

26. Nuts & Bolts information Regarding SES – cont’d: • No instructional group can be larger than 10 pupils. • Districts cannot modify a provider’s SED approved application. • They can require providers to adhere to certain administrative and operational requirements. • A provider cannot modify their own SED approved application without SED’s approval. • Providers cannot charge for transportation costs. Transportation is the responsibility of the parent. Some providers have SED approved applications that allow them to provide transportation but they cannot charge the district separately for transportation costs. Their transportation costs are imbedded in their hourly rate.

27. Nuts & Bolts information Regarding SES – cont’d: • Per District administrative and operational requirements, a district may allow a provider access to school facilities to provide SES. The process and procedures must be applied fairly and equitably to all providers seeking access to district facilities. • If a school comes off the accountability list during the school year SED recommends that the district transition the end of SES (provide SES until the end of a marking period or semester) rather than abruptly canceling services.

28. Nuts & Bolts information Regarding SES – cont’d: • LEA/Provider Contracts should be signed and completed before parents sign up for services. Contract negotiations should be occurring during the summer months and SES should start no later than Mid-November to Mid-December for districts with schools in improvement – Year 1, due to the steep learning curve needed to implement SES. Districts with Schools in Improvement – Year 2, Corrective Action, and/or Restructuring should be starting services no later that October or early November since the process for contacting eligible providers, contract negotiations, and required parent notifications should be standardized by the second year of identification.

29. Nuts & Bolts information Regarding SES – cont’d: • If SES starts later than December the district should seriously consider implementing a summer SES program. • Districts are required to monitor SES providers’ implementation of SES. SED recommends that a district administrator monitor SES sites at least once a week. • If a school in improvement – Year 1, makes Adequate Yearly Progress (AYP) in 2011-12 they will remain “frozen” in 2012-12 as a school in improvement – Year 1. SES will again be required but Public School Choice will not. If the school does not make AYP and becomes a school in improvement – Year 2, SES and Public School Choice will have to be offered in 2012-13. Parents may choose only one option.

30. SES Informational Websites • USDE Web link to NCLB Section 1116 School Improvement Legislation which describes the SES requirements for SEAs, LEAs, and Schools in accountability. • http://www2.ed.gov/policy/elsec/leg/esea02/pg2.html#sec1116 • Districts can see which schools are required to offer SES by going to the accountability website listed below. • http://www.p12.nysed.gov/irs/accountability/ - Note; Only those schools with a small (*) to the left of their name are Title I schools. Any school without the (*) are Non-Title I schools and the SES/Choice requirements do not apply.

31. SES Informational Websites • The 2010-11 accountability lists have not yet been posted. LEAs should review their Pre-AOR reports available through the nyStart portal. The data release schedule is available at: • http://www.p12.nysed.gov/irs/nystart/scheduled-maintenance.html • SES Per Pupil Amounts (PPA) for districts can be found at: http://www.p12.nysed.gov/nclb/ses/fiscalinformation.html • Note: the SES PPA amount is the total amount of funds that can be expended on a single student for SES. The contracted hourly tutoring rate is divided into the SES PPA amount to determine the total number of hours of instruction the student will receive.

32. SES Informational Websites • SES Parental Notification requirements – October 4, 2010 Roberto Reyes, State Title I Director memo to the Field: http://www.p12.nysed.gov/nclb/ses/legregandguidance • Additional information Field memo on Parental Notification Requirements. • http://www.p12.nysed.gov/nclb/ses/documents/FMSESChoiceSIOct2010.pdf • Web link for Title 34--Education - • CHAPTER II--OFFICE OF ELEMENTARY AND SECONDARY EDUCATION, DEPARTMENT OF EDUCATION • PART 200--TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED • http://www.access.gpo.gov/nara/cfr/waisidx_08/34cfr200_08.html (Includes all Section 200 Education regulations) • Note: Sections 200.37, 200.45 to 200.49 are especially important for SES requirements.

33. SES Informational Websites • Web Link to State Education Department Regulations related to SES requirements. Note State regulations require additional steps that districts must undertake when implementing SES. • http://weblinks.westlaw.com/result/default.aspx?cnt=Document&db=NY%2DCRR%2DF%2DTOC%3BTOCDUMMY&docname=341836505&findtype=W&fn=%5Ftop&pbc=DA010192&rlt=CLID%5FFQRLT6237915361188&rp=%2FSearch%2Fdefault%2Ewl&rs=WEBL11%2E07&service=Find&spa=nycrr%2D1000&vr=2%2E0 • Ira Schwartz, Assistant Commissioner – Office Of Accountability – August 2011 memo on 2011-12 School Year Accountability Requirements: • http://www.p12.nysed.gov/accountability/ This memo describes some of the responsibilities of the LEA to implement SES/Choice and some information regarding the submission of the 2011-12 Consolidated Application Update.

34. NYSED SES Contact Information • Districts may contact the NYS Education Department - Office of Accountability – Title I School And Community Services Unit by calling 1-(518)-473-0295. • Questions reading SES requirements can also be e-mailed to: emscses@mail.nysed.gov