Agreement.Ohio_Department_of_Higher_Education_-_Meadows_Center__2_.pdf

CONTRACT FOR SERVICES

BETWEEN UNIVERSITY OF TEXAS AT AUSTIN

AND

THE OHIO DEPARTMENT OF HIGHER EDUCATION

THIS CONTRACT is between the Ohio Department of Higher Education (hereinafter referred to as “ODHE”) whose powers and duties are specified in Ohio Revised Code §3333.04, who is located at 25 South Front Street, 7th Floor, Columbus, Ohio 43215, and University of Texas at Austin (hereinafter referred to as the “University” or the "Contractor"), Office of Sponsored Projects, Peter T.

Flawn Academic Center, Suite 426, 2304 Whitis Avenue, Austin, Texas 78712-1111.

WHEREAS, ODHE consists of the Chancellor of Higher Education and the Chancellor’s employees, agents and representatives and is responsible for overseeing higher education in the State of Ohio; and

WHEREAS, ODHE is authorized to participate in education-related state or federal programs on behalf of the state and assume responsibility for the administration of such programs in accordance with applicable state or federal law pursuant to Ohio Revised Code § 3333.04(Q); and

WHEREAS, Section 3333.048 the Ohio Revised Code required the Chancellor to conduct audits that clearly document the degree to which every teacher preparation program at an institution of higher education is effectively teaching the Science of Reading; and

WHEREAS, ODHE released a Request for Proposals (“RFP”) entitled Evaluation - Science of Reading Audit Support on June 27, 2024, for consultative services and technical support to comprehensively evaluate teacher preparation programs in Ohio to determine the extent to which their literacy strategies and practices align with the Science of Reading; and

WHEREAS, in response to the RFP, Contractor submitted a Proposal and, after providing revisions as requested, ODHE approved the Proposal; and

WHEREAS, the Contractor is authorized to transact business in the State of Ohio, is engaged in the business of consulting, and is prepared to provide these services to ODHE in accordance with the terms set forth hereinafter; and

WHEREAS, the services required by ODHE are essential to the performance of its duties and responsibilities; and

WHEREAS, ODHE and Contractor enter into this Contract to set forth the terms and conditions of this award.

NOW THEREFORE, in consideration of the mutual covenants and promises set forth herein and for other good and valuable consideration, ODHE and Contractor (individually, a “Party”;

collectively the “Parties”) hereby agree as follows:

ARTICLE I: NATURE OF CONTRACT

Contractor shall be employed as an independent contractor, to fulfill the terms of this Contract.

ODHE enters into this Contract in reliance upon Contractor’s representations that the

University has the necessary expertise and experience to perform the statement of work hereunder, and Contractor certifies that the University does possess the necessary expertise and experience.

Contractor shall perform services and ODHE shall not hire, supervise, or pay any assistants to Contractor for performance under this Contract. ODHE shall not be required to provide any training to Contractor to enable him or her to perform services required hereunder.

In the event of a cancellation of this Contract by ODHE, Contractor shall be reimbursed in accordance with Article IX, Termination of Contractor’s Services. All provisions of this Contract relating to “confidentiality” shall remain binding upon Contractor in the event of cancellation.

UT AUS CN: 2024_6301Docusign Envelope ID: D6F71961-2A0B-49DD-B928-5D9D2FD3D539

ODHE may, from time to time, communicate specific instructions and requests to Contractor concerning the performance of the work described in this Contract. Upon such notice and within ten [10] days after receipt of instructions, Contractor shall comply with such instructions and fulfill such requests. It is expressly understood by the parties that these instructions and requests are for the sole purpose of performing the specific tasks requested to ensure completion of the work described in this Contract. The management of the work, including the exclusive right to control or direct the manner or means by which the work is performed, remains with the Contractor. ODHE retains the right to ensure that Contractor’s work is in conformity with the terms and conditions of this Contract.

ARTICLE II: SCOPE OF SERVICES

The Contractor’s revised Proposal, labeled Attachment A of this Contract, is approved by ODHE, except as modified herein.

Exhibit 1 and Attachment A, which are attached hereto and made fully a part of this Contract as if fully written herein, describe the work (the "Project") the Contractor will complete and any materials the Contractor will deliver (the "Deliverables") under this Contract.

Attachment A is intended only to provide details of the scope of services and any terms or conditions stated within the document shall not be binding on ODHE.

Contractor shall primarily work with Krista Maxson, Associate Vice Chancellor of P-16 Initiatives, and Tom Sudkamp, Vice Chancellor, Academic Affairs, who shall be the ODHE Project Representatives for this Contract.

ARTICLE III: TERM

The Contract begins when the contract is signed by both parties. Unless this Contract is terminated or expires without renewal, it will remain in effect until the Project is completed to the satisfaction of ODHE and the Contractor is paid. This Contract shall be completed June 30, 2026.

The current General Assembly cannot commit a future General Assembly to expenditure.

Therefore, at the end of the current biennium, which is June 30, 2025, ODHE will issue written notice to Contractor in accordance with Article IV, Paragraph D of this Contract.

It is expressly agreed by the parties that none of the rights, duties, and obligations herein shall be binding on either party if award of this Agreement would be contrary to the terms of Ohio Revised Code § 3517.13, Ohio Revised Code §127.16, Ohio Revised Code Chapter 102.

ARTICLE IV: COMPENSATION

A) In consideration of the Contractor's promises, ODHE will pay the Contractor the amount(s) identified in Exhibit 1 (the "Fee") as follows:

1) In State Fiscal Year 2025, ODHE will pay the Contractor upon completion of deliverables and receipt of proper invoice no more than monthly, an amount not to exceed three million four hundred eighty-six thousand three hundred forty-eight and 00/100 dollars ($3,486,348.00) for services performed in accordance with Article II and Scope of Services, labeled as Exhibit 1, of this Contract.

2) In State Fiscal Year 2026, ODHE will pay the Contractor upon completion of deliverables and receipt of proper invoice no more than monthly, an amount not to exceed two million nine hundred five thousand eight hundred thirty-three and 00/100 dollars ($2,905,833.00 for services performed in accordance with Article II and Scope of Services, labeled as Exhibit 1, of this Contract.

3) In no event will payments under this Contract exceed the amount specified in Exhibit 1 for a fee of six million three hundred ninety-two thousand one hundred eighty-one and 00/100 dollars ($6,392,181.00) for services performed without the prior, written approval of ODHE

Docusign Envelope ID: D6F71961-2A0B-49DD-B928-5D9D2FD3D539 and, when required, the Ohio Controlling Board and any other legally mandated authorizing body.

4) The Contractor's right to the Fee is contingent on the completion of the deliverables of the Project, or, in the case of milestone payments or periodic payments of an hourly, daily, weekly, monthly, or annual rate, all relevant parts of the Project tied to the applicable milestone or period to which the payment is tied.

5) All invoices must be submitted no later than January 31, 2026.

B) The Contractor understands that execution of this Contract is contingent upon controlling board approval.

C) ODHE understands that this Contract is not valid for amounts in excess of five million dollars until the UT System Board of Regents approves this Agreement. Contractor will notify ODHE of the status of the UT System Board of Regents approval by December 31, 2024.

D) It is mutually agreed and understood that the current General Assembly cannot commit a future

General Assembly to expenditure. Future ODHE's funds are contingent upon the availability of lawful appropriations by the Ohio General Assembly, and if necessary Controlling Board approval for renewal. If the General Assembly fails at any time to continue funding for the payments and other obligations due as part of this Contract, ODHE's obligations under this Contract will terminate as of the date the funding expires without further obligation of ODHE.

Therefore, at the end of the current biennium, which is June 30, 2025, ODHE will provide the Contractor with written notice of the Project status to confirm the continuation of the Project.

Written notice will include the current year purchase order showing the amount of funds that have been encumbered.

E) Payment of the Fee is also contingent on the following:

1) Contractor completing the necessary steps to become a Registered Payee for the State of

Ohio by visiting https://ohiopays.ohio.gov/.

2) The Contractor submitting a completed Independent Contractor Acknowledgement form.

(Attached hereto as Exhibit 3.)

3) The Contractor delivering a proper invoice, no more than monthly, and any other documents required by Exhibit 1. An invoice must comply with ODHE’s current policies regarding invoices and their submission. (Attached hereto as Exhibit 2.) ODHE will notify the Contractor in writing within 15 days after it receives a defective invoice of any defect and provide the information necessary to correct the defect.

4) Contractor expressly understands that ODHE does not have the ability to compensate Contractor for invoices submitted after the State of Ohio purchase order expires. Contractor must submit final invoices for payment no later than January 31, 2026.

ARTICLE V: CERTIFICATION OF FUNDS

None of the rights, duties or obligations in this Contract will be binding on ODHE, and the Contractor will not begin his or her performance, until all the following conditions have been met: (a) all statutory provisions under the Code, including §126.05 and §126.07, have been met; (b) all necessary funds are made available by the appropriate state agencies; (c) if required, approval of this Contract is given by the Controlling Board of Ohio; and (d) in the event that ODHE is relying on federal or third-party funds for this Contract, ODHE provides the Contractor with written notice that such funds have been made available.

ARTICLE VI: SUBCONTRACTING

Only the Contractor will perform the Project, and the Contractor will not enter into subcontracts for the Project without written approval from ODHE. The Contractor will not need

ODHE’s written approval to subcontract for the purchase of commercial goods that are required for satisfactory completion of the Project. All subcontracts will be at the sole expense of the Contractor.

This provision does not apply to vendors or subcontractors listed in the Contractor’s Approved Proposal. Contractor is hereby granted ODHE’s approval to contract with or subcontract with any vendors or subcontractors listed in the Proposal.

ARTICLE VII: RELATIONSHIP OF PARTIES

ODHE and Contractor agree that, during the term of the Contract, Contractor shall be engaged by ODHE solely on an independent contractor basis, and Contractor shall therefore be responsible for all Contractor’s business expenses, including, but not limited to, employees’ wages and salaries, insurance of every type and description, and all business and personal taxes, including income and Social Security taxes and contributions for Workers’ Compensation and Unemployment Compensation coverage, if any.

Contractor agrees to comply with all applicable federal, state, and local laws in the conduct of the work hereunder.

While Contractor shall be required to render services described hereunder for ODHE during the term of this Contract, nothing herein shall be construed to imply, by reason of Contractor’s engagement hereunder on an independent contractor basis, that ODHE shall have or may exercise any right of control over Contractor with regard to the manner or method of Contractor’s performance of services hereunder.

Contractor acknowledges and agrees any individual providing personal services under this agreement is not a public employee of ODHE for purposes of Chapter 145 of the Revised Code.

Except as expressly provided herein, neither party shall have the right to bind or obligate the other party in any manner without the other party’s prior written consent.

ARTICLE VIII: EXCUSABLE DELAY

Neither party will be liable for any delay in its performance that arises from causes beyond its control and without its negligence or fault. The delayed party will notify the other promptly of any material delay in performance and will specify in writing the proposed revised performance date as soon as practicable after notice of delay. In the event of any such excusable delay, the date of performance or of delivery will be extended for a period equal to the time lost by reason of the excusable delay. The delayed party must also describe the cause of the delay and what steps it is taking to remove the cause.

The delayed party may not rely on a claim of excusable delay to avoid liability for a delay if the delayed party has not taken commercially reasonable steps to mitigate or avoid the delay. Work that is controllable by the Contractor's subcontractors will be considered controllable by the Contractor, except for third-party manufacturers supplying commercial items and over whom Contractor has no legal control.

ARTICLE IX: TERMINATION OF CONTRACTOR’S SERVICES

ODHE may, at any time prior to the completion of services by Contractor under this Contract, suspend or terminate this Contract with or without cause by giving written notice to Contractor.

Contractor, upon receipt of notice of suspension or termination, shall cease work on the suspended or terminated activities under this Contract, suspend or terminate all subcontracts relating to the suspended or terminated activities, take all necessary or appropriate steps to limit disbursements and minimize costs, and, if requested by ODHE, furnish a report, as of the date of receipt of notice of suspension or termination, describing the status of all work under this Contract, including, without limitation, results, conclusions resulting therefrom, and any other matters ODHE requires.

Contractor shall be paid for services rendered up to the date Contractor received notice of suspension or termination, less any payments previously made, provided Contractor has supported such payments with detailed factual data containing services performed and hours worked. In the event of suspension or termination, any payments made by ODHE for which Contractor has not rendered services shall be refunded.

In the event this Contract is terminated prior to its completion, Contractor, upon payment as specified, shall provide to ODHE all work products and documents which have been prepared by Contractor in the course of providing services under this Contract. All such materials shall become and shall remain the property of ODHE, to be used in such manner and for such purpose as ODHE may choose. Contractors right to work products and documents shall be handled in accordance with Article XI, Ownership of Deliverables of this Contract.

Contractor may terminate this Contract upon 30 days prior written notice to ODHE.

ARTICLE X: OWNERSHIP OF DELIVERABLES

All custom work done by the Contractor and covered by this Contract will be treated as "work for hire" on behalf of ODHE, with all rights, title and interest in all intellectual property that come into existence through the Contractor's custom work being assigned to ODHE. Additionally, the Contractor waives any author rights and similar retained interests in custom-developed material. No such documents or other materials presented (in whole or in part) with funds provided to the Contractor by ODHE shall be subject to copyright by Contractor in the United States or any other country. The Contractor will provide ODHE with all assistance reasonably needed to vest such rights of ownership in ODHE.

ARTICLE XI: WARRANTIES

The Contractor certifies that the recommendations, guidance, and performance of the

Contractor under this Contract will: (1) be in accordance with sound professional standards and the requirements of this Contract; (2) unless otherwise provided in Exhibit 1, be the work solely of the Contractor; and (3) no Deliverable will knowingly infringe on the intellectual property rights of any third party.

ARTICLE XII: LIABILITY

Each Party agrees that it will be responsible for its own acts and omissions and the results thereof and shall not be responsible for the acts and omissions of the other Party and the results thereof. Each Party agrees that it will assume all risk and liability to itself, its agents, or its employees for any injury to persons or property resulting in any manner from conduct of its own operations and the operations of its agents or employees under this Agreement.

In no event shall either party be liable to the other party for indirect, consequential, incidental, special, or punitive damages, or lost profits.

ARTICLE XIII: NONDISCRIMINATION OF EMPLOYMENT

Contractor agrees that Contractor, any subcontractor, and any person acting on behalf of

Contractor or a subcontractor, shall not discriminate, by reason of race, religion, color, sex, sexual orientation, national origin, ancestry, disability, age, genetics, or military status against any citizen of this state in the employment of any person qualified and available to perform the work under this Contract.

Contractor further agrees that Contractor, any subcontractor, and any person acting on behalf of Contractor or a subcontractor shall not, in any manner, discriminate against, intimidate, or retaliate against any employee hired for the performance of work under this Contract on account of race, religion, color, sex, sexual orientation, national origin, ancestry, disability, age, genetics, or military status.

ARTICLE XIV: DRUG-FREE WORKPLACE

Contractor agrees to comply with all applicable federal, state, and local laws regarding smoke-free and drug-free workplaces and shall make a good faith effort to ensure that none of its employees or permitted subcontractors engaged in the work being performed hereunder purchase, transfer, use, or possess illegal drugs or alcohol, or abuse prescription drugs in any way.

ARTICLE XV: CONFLICTS OF INTEREST AND ETHICS COMPLIANCE

No personnel of Contractor or member of the governing body of any locality or other public official or employee of any such locality in which, or relating to which, the work under this Contract is being carried out, and who exercise any functions or responsibilities in connection with the review or approval of this Contract or carrying out of any such work, shall, prior to the completion of said work, voluntarily acquire any personal interest, direct or indirect, which is incompatible or in conflict with the discharge and fulfillment of his or her functions and responsibilities with respect to the carrying out of said work.

Any such person who acquires an incompatible or conflicting personal interest, on or after the effective date of this Contract, or who involuntarily acquires any such incompatible or conflicting personal interest, shall immediately disclose his or her interest to ODHE in writing. Thereafter, he or she shall not participate in any action affecting the work under this Contract, unless ODHE determines, in the light of the personal interest disclosed, his or her participation in any such action would not be contrary to the public interest.

Contractor, by signature of this document, certifies: (1) it has reviewed and understands the Ohio ethics and conflict of interest laws, and (2) will take no action inconsistent with those laws.

ARTICLE XVI: NOTICE

For any notice under this Contract to be effective it must be made in writing and sent to the address of the appropriate party first appearing below, unless such party has notified the other party, in accordance with the provisions of this section, of a new mailing address.

• University of Texas at Austin Peter T. Flawn Academic Center Suite 426 2304 Whitis Avenue Austin, Texas 78712-1111 Phone: (512) 471-2877 Email: research@utexas.edu

• Ohio Department of Higher Education Attn: General Counsel 25 South Front Street, 7th Floor

Columbus, Ohio 43215-3414 Facsimile: (614) 466-5866

This notice requirement will not apply to any notices that this Contract expressly authorized to be made orally.

ARTICLE XVII: RECORD-KEEPING REQUIREMENTS

Contractor shall keep all financial records in a manner consistent with generally accepted accounting procedures. Documentation to support each action shall be filed in a manner allowing it to be readily located.

Contractor shall keep separate business records for this Project, including records of disbursements made and obligation incurred in the performance of this Contract which records shall be supported by contracts, invoices, vouchers, and other data as appropriate. During the performance of this contract and for a period of three years after its completion contractor shall make such records available to ODHE as ODHE may reasonably require.

ARTICLE XVIII: CONTROLLING LAW

This Contract and the rights of the parties hereunder shall be governed, construed, and interpreted in accordance with the laws of the State of Ohio and only Ohio courts shall have jurisdiction over any action or proceeding concerning the Contract and/or performance thereunder.

ARTICLE XIX: CAMPAIGN CONTRIBUTIONS

Contractor hereby certifies that Contractor is in full compliance with Ohio Revised Code §

3517.13, as applicable.

ARTICLE XX: ENTIRE CONTRACT/WAIVER

This Contract contains the entire Contract between the parties hereto and shall not be modified, amended, or supplemented, or any rights herein waived, unless specifically agreed upon in writing by the parties hereto.

A waiver by any party of any breach or default by the other party under this Contract shall not constitute a continuing waiver by such party of any subsequent act in breach of or in default hereunder.

ARTICLE XXI: HEADINGS

The headings in this Contract have been inserted for convenient reference only and shall not be considered in any questions of interpretation or construction of this Contract.

ARTICLE XXII: SUCCESSORS AND ASSIGNS

Neither this Contract, nor any rights, duties, nor obligations hereunder, may be assigned or transferred in whole or in part by Contractor, without the prior written consent of ODHE.

ARTICLE XXIII: SEVERABILITY

The provisions of this Contract are severable and independent, and if any such provision shall be determined to be unenforceable in whole or in part, the remaining provisions and any partially enforceable provision shall, to the extent enforceable in any jurisdiction, nevertheless be binding and enforceable.

ARTICLE XXIV: BOYCOTTING PROVISION

Pursuant to Ohio Revised Code § 9.76(B) Contractor certifies that Contractor is not boycotting any jurisdiction with whom the State of Ohio can enjoy open trade, including Israel, and will not do so during the contract period.

ARTICLE XXV: FINDINGS FOR RECOVERY

Contractor certifies that the University is not subject to an “unresolved” finding for recovery under Ohio Revised Code § 9.24. If this certification is found to be false, this Contract is void ab initio and Contractor shall immediately repay to ODHE any funds paid under this Contract.

ARTICLE XXVI: DEBARMENT

Contractor represents and certifies that it is not debarred from consideration for contract awards by the Director of the Department of Administrative Services, pursuant to either Ohio Revised Code § 153.02 or Ohio Revised Code § 125.25. Contractor further represents and certifies that it is not debarred, suspended, or otherwise excluded from participating in federal programs. If these representations and certifications are found to be false, this Contract is void ab initio and Contractor shall immediately repay to ODHE any funds paid under this Contract.

ARTICLE XXVII: COMPLIANCE WITH EXECUTIVE ORDERS 2019-12D AND 2022-02D

The Contractor affirms to have read and understands Executive Order 2019-12D and shall abide by those requirements in the performance of this Contract and shall perform no services required under this Contract outside of the United States.

https://governor.ohio.gov/wps/portal/gov/governor/media/executive-orders/2019-12d Further, pursuant to Executive Order 2022-02D, Contractor agrees and understands no State agency, board, commission, State educational institution, or pension fund will make any purchase from or investment in any Russian institution or company. Notwithstanding any other terms of this Contract, the State reserves the right to recover any funds paid to Contractor for purchases or investments in a Russian institution or company in violation of this paragraph. The provisions of this paragraph will expire when the applicable Executive Order is no longer effective.

Lastly, Contractor acknowledges and confirms compliance with this Article and agrees to provide an affirmation as to the same upon request from ODHE.

ARTICLE XXVIII: EXECUTION

This Contract is not binding upon ODHE unless executed in full.

IN WITNESS WHEREOF, the parties have executed this Contract as of the dates appearing below.

CONTRACTOR OHIO DEPARTMENT OF HIGHER EDUCATION

By: By:

Title: Title: Chancellor

Date: Date:

Vendor ID #:

(Please do not provide a social security number.)

Docusign Envelope ID: D6F71961-2A0B-49DD-B928-5D9D2FD3D539

2024-08-29 | 13:34:02 PDT

Business Contracts Administrator

Linda Shaunessy https://governor.ohio.gov/wps/portal/gov/governor/media/executive-orders/2019-12d

EXHIBIT 1

SCOPE OF SERVICES

Contractor will provide consultative services and technical support to comprehensively evaluate teacher preparation programs in Ohio to determine the extent to which their literacy strategies and practices align with the Science of Reading as described in Attachment I and provide deliverables/services detailed below. Any terms, compensation, or timelines described in Attachment I are not binding, and Attachment I is attached to detail the scope of services and deliverables provided below under the title “Deliverable.”

DELIVERABLES

Contractor can invoice for the following services:

Deliverable Number Deliverable *Deliverable

Type

Deliverable Due

Invoice Date

Total Amount Invoiced

Total Costs

DELIVERABLE 1: PROJECT MANAGEMENT

1.1

Kick-off (Programmatic) Meeting: Design and facilitate kickoff meeting to identify milestones, capacity requirements, key decisions, and other elements of the project plan.

PowerPoint September 30, 2024 $106,051 $106,051

1.2

Monthly Project Management Meeting: Review project plan and assess progress towards milestones, goals, and final deliverables; troubleshoot project roadblocks/timeline challenges.

Smartsheet, Excel, Word and/or PowerPoint

September 1, 2024 through

December 2, 2025

$17,546 per monthly project manager meeting

$263,190

1.3

Monthly Progress Report Memo:

Monthly reporting to track overall progress and success of project; summary report out meeting to ODHE leadership on project status, recommendations, strategic direction, refinements to focus group approach, key decisions and identification of key risks to the project for ODHE feedback or discussion.

PDF

September 1, 2024 through

December 2, 2025

$17,276 per monthly progress report memo

$259,140

DELIVERABLE 2: STATEWIDE COMMUNICATION PLAN

2.1

Scientific Advisory Committee Lead, PI, and CoPI will meet with ODHE to establish statewide communication plan with

PDF October 31, 2024 $60,821 $60,821 meeting agenda and meeting notes.

2.2

Develop a statewide communication plan that outlines an overview of the audit purpose and process, provides detailed information about the timeline and site visits, provides directions regarding submitting documents for review, provides contact information for audit team members to answer questions, answers frequently asked questions about audit procedures and connections to Ohio policies. ODHE to approve before dissemination.

PDF November 30, 2024 $114,846 $114,846

DELIVERABLE 3: AUDIT METHODOLOGY MATERIALS

3.1

Scientific and Implementation Advisory Committees meet to provide feedback and alignment of all guide drafts with SOR.

PDF October 31, 2024 $92,006 $92,006

3.2

Guide for analyzing Course Syllabi, Materials, and Assessments: Design rubrics and guidance for field auditors to assess course syllabi, conduct quality assurance.

PDF November 30, 2024 $52,904 $52,904

3.3

Guide for Analyzing Course Observations: Design rubrics and guidance for field auditors to assess course observations, conduct quality assurance.

PDF November 30, 2024 $52,904 $52,904

3.4

Faculty Interview Guides: Design interview guides for faculty interviews, conduct quality assurance.

PDF November 30, 2024 $52,904 $52,904

3.5

Pre-service Teacher Survey:

Design Pre-service Teacher Survey, conduct quality assurance.

PDF November 30, 2024 $52,904 $52,904

3.6

Recent Graduate/ Student Intern Survey: Design Recent Graduate/Student Intern Survey, conduct quality assurance.

PDF November 30, 2024 $52,904 $52,904

3.7

Guide for Analyzing Course Textbooks: Design rubrics and guidance for field auditors to assess course textbooks, conduct quality assurance.

PDF December 31, 2024 $52,904 $52,904

DELIVERABLE 4: INITIAL SITE VISITS

4.1

Initial Site Visit: Provide a one-day pre audit visit to each institution including the dean of the college of education to communicate the purpose of the audit, provide an overview of the audit methodology, and answer questions.

PDF December 31, 2024 $389,592 $389,592

DELIVERABLE 5: AUDITOR TRAINING

5.1

List of Auditors for ODHE Review and Approval: Submit list of Field Auditors to ODHE and their qualifications for ODHE review and approval.

Excel, Word, or PDF

December 31, 2024 $28,613 $28,613

5.2

Develop Auditor Training:

Scientific and implementation advisory committee members, along with SOR experts create training for all approved auditors (no fewer than 30) on all audit tools and methodologies utilized in this audit.

PPT, PDF,

Digital Files

December 31, 2024 $467,754 $467,754

5.3

Auditor Training: Provide training for all approved auditors (no fewer than 30) on all audit tools and methodologies utilized in this audit.

PDF December 31, 2024 $114,193 $114,193

DELIVERABLE 6: SURVEY ADMINISTRATION

6.1

Distribute survey to pre-service teachers in IHEs. Must work with IHEs for contact information.

PDF April 30, 2025 $118,813 $118,813

6.2

Distribute survey to recent graduates and student interns from IHEs. Must work with IHEs for contact information.

PDF April 30, 2025 $118,813 $118,813

DELIVERABLE 7: AUDITS AND INSTITUTIONAL REPORTS

7.1 Create a data portal to obtain

course syllabi, course materials, PDF January 31, 2025 $177,944 $177,944 and course assessments from EPPs.

7.2

Site Visits: Conduct up to 50 site visits that include in-person interviews with college of education deans, teaching faculty of required literacy courses, and selected research faculty; classroom observations of required literacy courses;

student interviews or focus groups; review of course syllabi, textbooks, materials, and assessments.

PDF June 30, Average of $20,625.15 per school to be weighted once schedules are set.

$1,031,258

7.3

Site Visit Analysis: Analyze data collected in site visits and through data portal to assess for alignment with the science of reading, highlight program strengths and areas for improvement.

PDF July 31, Average of $31,867 per school to be weighted once schedules are set.

$1,593,330

7.4 EPP Report: Create a report for up to 50 EPPs summarizing site visit findings.

PDF September 30, 2025 $359,021 $359,021

DELIVERABLE 8: POST-AUDIT SITE VISIT

8.1

Post-Audit Site Visit: Provide a one-day post audit visit to up to 50 EPPs to communicate audit findings, and answer questions.

PDF October 31, Average of $8,801.60 per school to be weighted once schedules are set.

$440,080

DELIVERABLE 9: SUMMARY REPORT AND PRESENTATION

9.1

Summary Report: Create final summarizing report that summarizes the findings of completed audits.

PDF November 30, 2025 $245,565 $245,565

9.2

Summary Presentation: Create and deliver final summarizing presentation that summarizes the finding of completed audits.

PDF November 30, 2025 $93,727 $93,727

DELIVERABLE 10: SUPPLEMENTAL DELIVERABLES

10.1

The Chancellor may approve a request from the Contractor to reallocate unused funds under this Contract to other deliverables within the Contract or the parties may agree to new deliverables provided both parties agree in writing to the described activity/deliverable, the time of performance, and the amount to be paid.

Email December 2, 2025

*ODHE may request or accept a different format

Total Cost $6,392,181

THE CONTRACTOR’S FEE

Pay Contractor, upon actual receipt of proper invoices and no more than monthly, compensation for the completion of each deliverable as specified in Scope of Services, labeled as Exhibit 1, not to exceed in Fiscal Year 25 three million four hundred eighty-six thousand three hundred forty-eight and 00/100 dollars ($3,486,348.00) for services performed in accordance with Article II and Scope of Services, labeled as Exhibit 1, of this Contract and not to exceed in Fiscal Year 26 two million nine hundred five thousand eight hundred thirty-three and 00/100 dollars ($2,905,833.00).

REIMBURSABLE EXPENSES

Unless expressly provided for elsewhere in this Contract, Contractor shall be responsible for and assume all office and business expenses that are incurred as a result of the performance of this Contract.

NOT TO EXCEED AMOUNT

It shall be mutually agreed and understood between the Parties that the total amount to be paid by ODHE to Contractor under this Contract shall in no event exceed six million three hundred ninety-two thousand one hundred eighty-one and 00/100 dollars ($6,392,181.00) for the Contractor’s fee unless Contractor receives prior written approval from ODHE, or when required, approval of the Controlling Board and so notified Contractor in writing.

EXHIBIT 2

CONSULTANT INVOICE

(PROFESSIONAL FEES)

BILL TO: OHIO DEPARTMENT OF HIGHER EDUCATION DATE ___________________

ATTENTION: ____________________________ INVOICE # ______________

25 SOUTH FRONT STREET, 2nd FLOOR PO ______________________

COLUMBUS, OHIO 43215-3414

CONSULTANT: ______________________________

ADDRESS: ______________________________

Vendor ID: ______________________________

PHONE #: ______________________________

DATE WORK COMPLETED FROM _______________ TO ___________________

Date Deliverable Fee

Amount Due: $_______________________________

EXHIBIT 3Docusign Envelope ID: D6F71961-2A0B-49DD-B928-5D9D2FD3D539

EXHIBIT 3Docusign Envelope ID: D6F71961-2A0B-49DD-B928-5D9D2FD3D539

OFFICE OF SPONSORED PROJECTS

Vice President for Research, Scholarship and Creative Endeavors

FAC • 2304 Whitis Avenue Ste 426 • Austin, Texas 78712 • (512) 471-6424 • Mail Code A9000

The University of Texas at Austin is pleased to endorse the following proposal enclosed for your review.

Principal Investigator: Gregory Roberts, PhD OSP Number: FP00008034 Title of Application: Ohio Department of Education: Evaluation- Science of Reading Audit Support Project Total Costs: $ 6,087,777 Cost Share amount: N/A Project Dates: 10/01/2024 – 11/30/2025 DUNS: 170230239 UEI: V6AFQPN18437 Cage Code: 9B981 The following are submitted in support of this proposal:

Statement of Work Budget Budget Justification

Other

LEGAL IDENTITY

The University of Texas at Austin is an agency of the State of Texas and a component institution of The University of Texas

System, governed by the Board of Regents. All awards and agreements must be executed by an authorized official of The University. Individuals, Departments, or Organized Research Units may not directly enter into sponsored research agreements or legally bind The University.

The Office of Sponsored Projects (OSP) serves as the coordinating office for externally funded research projects submitted by The University of Texas at Austin. All proposals to external funding sources for sponsored projects must be submitted through OSP and all awards received for sponsored research must be processed by OSP.

AWARD NEGOTIATION

The University of Texas at Austin reserves the right to negotiate the terms and conditions of any awarded grant or contract.

As an institution of higher education, The University of Texas at Austin intends to perform the work under any awarded grant or contract as fundamental research and reserves the right to: 1) require that the provider notify the University if it is to provide any export controlled information; 2) to deny receipt of any export controlled materials; and 3) to reject any restrictions on the University’s right to publish or otherwise disseminate information relating to this research.

Mailing Address: FAC, 2304 Whitis Ave, Suite 426; MC A9000, Austin, Texas 78712-1111 • osp@austin.utexas.edu

Telephone (512) 471-6424 FAX (512) 232-6649 Web Presence https://research.utexas.edu/osp

FDP Expanded Clearinghouse Member Organization Profile: https://fdpclearinghouse.org/organizations/66

ADDITIONAL CONTACTS

Administrative and budgetary matters: Angela Graves, Sr. Proposal Analyst, Office of Sponsored Projects

Phone: (512) 471-6288 Email: angela.graves@austin.utexas.edu

AUTHORIZED OFFICIAL

Elena V. Mota, BA, CRA Associate Director of Pre- Award Signature: Date: 7/24/2024

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Attachment I

ABSTRACT

In this document, the Meadows Center for Preventing Educational Risk (MCPER) at the University of Texas at Austin and its partners respond to the Chancellor’s Request for Proposal to comprehensively evaluate teacher preparation programs to determine the extent to which their literacy strategies and practices align with the science of reading (RFP specific to Section

3333.048 of House Bill 33 of the 135th General Assembly). Our proposal is to conduct audits to document the degree to which teacher preparation programs at institutions of higher education in Ohio are effectively teaching the science of reading.

The MCPER is an organized research unit at the University of Texas that conducts large-scale educational research and evaluation funded by National Institutes of Health, Institute for Educational Sciences, National Science Foundation, US Department of Education, and state departments of education with a particular focus on evidence-based instructional strategies for all students, including students who struggle to read with comprehension. Gibson Consulting, MCPER’s partner in this proposal, is a consulting and research firm that specializes in P-16 education, providing performance audits and internal audits and program evaluation services to SEAs, LEAs, and other educational organizations.

MCPER and its partners propose a mixed methods audit that combines data from diverse sources to build a robust and holistic understanding of the educational context, to identify strengths and areas for improvement, and to develop actionable recommendations. Methods and audit-related tools will align with the Science of Reading Audit Metrics: Standards Alignment for the Ohio Department of Higher Education. Data will be collected from at least six sources: 1) course syllabi, 2) course textbooks, assignments, and assessments, 3) interviews with deans of colleges of education, selected teaching faculty, and selected research faculty, 4) classroom observations, and 5) surveys of pre-service teachers, student interns, and recently graduated students. Trained field auditors will conduct interviews and classroom observations during two-day site visits to each IHE. Site visits will begin after January 1, 2025 and to the extent possible all visits will be completed by June 1, 2025. During each site visit, we will conduct in-person interviews with college of education deans, teaching faculty of required literacy courses, and selected research faculty.

Auditors will use Atlas.ti, a qualitative data analysis software (QDAS), to inventory, save, and analyze all IHE documents, interview transcripts, qualitative observation notes, and open-ended survey results. This QDAS will facilitate the use of both descriptive and thematic coding that will provide insights into both the qualities of the IHE instructional materials, and the experiences and perceptions of audit participants. The audit team will use descriptive statistics to develop findings from rubric scores and close-ended survey items.

A schedule of audits will be submitted to ODHE no later than October 30, 2024. We will submit interim reports and audit reports to the Chancellor on a timeline agreed upon after funding. A final report to the Chancellor summarizing the findings of the completed audit(s) will be submitted by November 21, 2025.

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PROPOSAL NARRATIVE

In this document, we outline plans that respond to the Chancellor’s Request for Proposal to comprehensively evaluate teacher preparation programs to determine the extent to which their literacy strategies and practices align with the science of reading (RFP specific to Section

3333.048 of House Bill 33 of the 135th General Assembly). Our proposal is to conduct audits to document the degree to which teacher preparation programs at institutions of higher education in Ohio are effectively teaching the science of reading.

We address the following in this response: 1) partnering organizations and key groups and individuals within each partner; 2) how the partnering organizations will be organized and interact; and 3) ability of the partnering organizations to conduct the project, including evaluation of course assessments, textbook(s) and assigned readings; interviews with faculty, candidates, and teachers, observe classroom instruction; and drafting final reports (item numbers x, y, z in the RFP). We describe our proposed Scope of Work, including important inputs (e.g., documents, resources, etc.) to the work. We also describe proposed deliverables. The Budget and Budget Narrative are in a separate section. Vitae for key personnel are attached. Our responses are organized according to the sections outlined in Exhibit II.

A. RESPONDENT INFORMATION

1. Vendor and/or Team

• Meadows Center for Preventing Educational Risk, The University of Texas at Austin

College of Education, SZB 5.110 · 1912 Speedway, Stop D4900 · Austin, TX 78712 Contact: Greg Roberts (gregroberts@austin.utexas.edu)

• Gibson Consulting Group, Inc.

P.O. Box 300816, Austin, Texas 78703 Contact: David Osman (dosman@gibsonconsult.com)

2. Previous and Current Work Demonstrates Subject Matter Expertise

• The Meadows Center for Preventing Educational Risk (MCPER) - The (MCPER) is an organized research unit (Sharon Vaughn, executive director; Greg Roberts, Senior Associate Director) that houses more than 125 employees and more than 30 research, evaluation, and service projects directed by center affiliates, including faculty in special education and educational psychology. Since its inception 15 years ago, MCPER has received over $250 million from IES, NIH, NSF and other funders to conduct large-scale experimental studies in classrooms and schools across the US to address literacy-related questions. The MCPER team has focused on evidence based instructional strategies for all students and on evidence based instructional strategies for key student subgroups, including EL students, students with or at risk for learning disabilities, students with or at risk for behavioral disabilities, and adolescents who are struggling to read.

Sharon Vaughn – Vaughn is the Executive Director of MCPER. She is the Manuel J.

Justiz Endowed Chair in UT’s College of Education. She was the editor-in-chief of Journal of Learning Disabilities and the recipient of numerous awards, including the Council for Exceptional Children research award, the Special Education SIG/AERA

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Distinguished Researcher Award, UT Research Award, and International Reading Association and School Psychology awards for best published article. She has extensive experience as a PI of U.S. DOE-funded research (in excess of $150 million) and NICHD research grants (in excess of $20 million). Vaughn works closely with educators, with school leaders, and with state-wide policy makers to improve educational outcomes for students. She has published more than 200 articles in refereed journals such as Journal of Educational Psychology and has conducted more than 30 RCTs and published more than 50 intervention studies. She has made important contributions to the evidence base that underlies the science of reading.

Vaughn will chair the project advisory committee.

Greg Roberts – Roberts is the Senior Associate Director of MCPER and directs all its data-related activities, including data analysis and program evaluation teams. He has been PI, co-PI, or lead methodologist on more than 30 research, development, and technical assistance projects funded by IES, NIH, and NSF. Roberts has also directed large-scale evaluation projects education, higher education, social services, and health care over the past 25 years. He has more than 100 publications in peer-reviewed journals and has published in journals using explanatory item-response analysis, structural equation models, meta-analysis, and multilevel models. He was associate editor for the Journal of Research in Educational Effectiveness and is on the editorial boards for the Journal of Educational Psychology and the Journal of Research in Educational Effectiveness. Roberts will oversee all aspects of the proposed project.

Jennifer Schnakenberg – Schnakenberg is the Chief Operating Officer for MCPER.

She supervises and conducts all day-to-day operations across all funded projects, including planning, budgeting, and implementation. She has directed highly regarded, large-scale research projects related to secondary reading intervention, dropout prevention intervention, elementary reading intervention, and elementary behavior interventions. She has been the principal investigator of several state and federal initiatives related to the Science of Reading and has worked to improve how schools use data-based individualization to make instructional decisions. Schnakenberg will direct the project, providing day-to-day supervision on all facets of the proposed evaluation activities.

Scientific Advisory Committee –Vaughn will chair the Scientific Advisory Committee (SAC). The SAC will advise on all aspects of the project. Members will include Jack Fletcher, Laura Justice, Jeanne Wanzek, and Colby Hall. Vitae for committee members are attached. The committee includes leading scholars on literacy related questions.

Vaughn and Justice were PIs on IES’ Reading for Understanding (RFU) Research Initiative. Fletcher and Wanzek served as co-PIs on RFU. Fletcher served on the Rand Reading Study Group, on the National Research Council Committee on Scientific Principles in Education Research, and on the President's Commission on Excellence in Special Education. Hall is a rising star in the research community, having just received a large grant from IES to investigate Learning to Generate Inferences and Building Knowledge Using an Online Platform.

• Gibson Consulting Group, Inc. (Gibson) –Gibson is a consulting and research firm that specializes in P-16 education. With approximately 30 employees, Gibson provides consulting services such as performance audits and internal audits and program

The Univerity of Texas at Austin Meadows Center for Preventing Educational Risk page 4 of 298 evaluation services to SEAs, LEAs, and other educational organizations. In the past 25 years, Gibson has conducted consulting and program evaluation services for over 250 educational organizations in 31 states. The team at Gibson has conducted performance audits of educator preparation programs in Georgia and New York and conducted performance audits of K-12 science of reading implementation in LEAs in several states, including Florida, Georgia, Missouri, and Texas.

David Osman – Osman is a Director of Research and Evaluation who has extensive experience developing and leading performance audits, evaluation projects, and local applied educational research. Osman has led large-scale performance audits and evaluation studies for districts across the country, including Fulton County Schools (GA), Hillsborough County Public Schools (FL), Kansas City Public Schools (MO), and Rochester City School District (NY). Dr. Osman has served as a lead quantitative analyst on several studies for the Regional Education Laboratory Southwest (RELSW).

He earned his PhD in Educational Psychology from The University of Texas at Austin and holds master’s degrees from Texas State University (Curriculum and Instruction) and The University of Texas at Austin (Quantitative Research Methods). Osman will oversee the implementation hub.

Resources for Learning (RFL) – To support the collection of data and auditing, Gibson will enroll RFL, an education research organization with expertise in the science of reading and experience conducting science of reading performance audits in collaboration with Gibson. RFL has worked with SEAs, districts, non-profits and small business for over 25 years with services ranging from evaluation and research to curriculum design and strategic planning. RFL recently partnered with Gibson on the audit of literacy teaching in Georgia and has previously worked on implementing statewide teacher quality initiatives in New Mexico. RFL is an approved vendor in Research-Based Instructional Strategies, a TX initiative to align literacy teaching to the science of reading.

Implementation Advisory Committee – The Implementation Advisory Commitee (IAC) will…