VA_Bypass_-_Amendment_0001.pdf

NSN 7540-01-152-8070 STANDARD FORM 30. (Rev. 10-83) Previous Edition unusable Prescribed by GSA FAR (48 CFR) 53.243

Page of Pages AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. Contract ID Code

2. AMENDMENT MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (if applicable)

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than item 6) CODE

(x) 9A. AMENDMENT OF SOLICITATION NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

8. NAME AND ADDRESS OF CONTRACTOR (NO., Street, Country, State and ZIP Code)

CODE FACILITY CODE

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning ______ copies of amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OR OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

Check One

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible)

Except as provided herein, all terms and conditions of the document referenced in item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR 16B. UNITED STATES OF AMERICA

(Signature of person authorized to sign)

15C. DATE SIGNED

(Signature of Contracting Officer)

16C. DATE SIGNED

Attachment Page

PAGE 2 OF 42 ED-ESE-17-R-0023/0001

ED-ESE-17-R-0023 VA Bypass Contractor Questions

QUESTION 1: Section 1117 of ESEA, as amended by ESSA, cites instruction services in core subjects, counseling, mentoring, and one-on-one tutoring as options to best meet the needs of eligible children. The PWS cites in the overview of the contract…..to provide supplemental education services, such as reading, mathematics, language arts and other benefits…. Please clarify if these other services cited in ESSA are service options, through consultation with private school officials in this contract. May the PSO select one of these options even if the public school does not offer these services? What certification guidelines for personnel would be applicable if a private school official chooses one of these additional options for eligible students?

RESPONSE: The services identified in the PWS do not reflect an exhaustive list of services that may be provided to eligible private school students. To the extent consistent with section 1117 of the ESEA and subject to timely and meaningful consultation with private school officials, the contractor may provide other services to participating private school children based on their identified needs.

The needs of private school students and the amount of funding available for services should determine the services that will be offered under section 1117 of the ESEA and may be different from the services provided to public school students.

There are no Federal requirements or certification guidelines for personnel hired to provided services to eligible private school children, their families and teachers under section 1117 of the ESEA. Under Subtask 2-7, however, because the contractor is assuming local educational agency (LEA) responsibilities, the contractor must ensure that teachers and supervisors meet the State’s certification and licensure requirements. Thus, those requirements would establish the requisite guidelines.

QUESTION 2: Section 1117 of ESSA cites a consultation requirement for notice of allocation of funds to private school officials for equitable services. When and by whom will this notice be provided to private school officials? Is the state ombudsman involved in the bypass contract?

RESPONSE: Section 1117(a)(4)(C) of the ESEA requires that each State educational agency (SEA) provide timely notice to appropriate private school officials in the State of the allocation of funds that each LEA has determined available for equitable services. As this is a SEA responsibility, the contractor is not required to provide the notice of allocation. However, the contractor should be prepared to provide the requisite information to the SEAs for LEAs covered by the bypass.

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The State ombudsman is not generally involved with the bypass contract. Private school officials included in the bypass contract are not precluded from reaching out to the State ombudsman. However, individuals or organizations with concerns related to the implementation of Title I by the contractor must follow the Complaint Procedures required under the contract.

QUESTION 3: Section 2.3.1, Determining the Proportionate Share, LEA applications in Virginia are not usually available until October. Should the contractor use the LEA allocation amount from the previous year to calculate the proportionate share?

RESPONSE: The contractor may use poverty data from the prior year’s applications to estimate the proportionate share and then finalize the proportionate share once the School Year 2017-2018 applications are available.

QUESTION 4: Sub-Task 2.3.3 of the PWS asks the offeror to describe the justification for pooling or not pooling in the proposal. Since this is a consultation topic with private school officials, the contractor may not know if the programs will pool or not until the funding is known. Please clarify how to address this statement in the proposal.

RESPONSE: The contractor should provide a description of the process it intends to use to consult with private school officials about whether to pool or use the school-by-school option for allocating funds for services.

QUESTION 5: In Sub-Task 2.4.1 of the PWS, several service options are addressed in addition to direct instruction. As noted in a previous question ESSA allows counseling, mentoring, one-on-one tutoring, and other core subject areas. Will these options be added to Sub-Task 2.4.1 of the PWS?

RESPONSE: As discussed in response to the first question, following consultation with private school officials the contractor may consider an array of services consistent with section 1117 of the ESEA. However, the identified services are subject to feasibility and cost considerations as indicated in the Performance Work Statement.

QUESTION 6: In Sub Task 2-4.1 of the PWS, Designing Title I Instructional Programs, states……. appropriate Title I services may be in subject areas or grade levels that are different from the subject areas and grade levels provided to public school students. Can we interpret this to mean that PK private school students can be served even if PK is not a grade level in a Title I public school?

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RESPONSE: LEAs receiving Title I funds must provide equitable services to eligible private elementary and secondary school children and their teachers and families. This includes preschool children in States that consider preschool to be part of elementary education under State law. In a State that does not consider preschool to be part of elementary education, however, children in a private preschool are not receiving elementary education and, thus, are not entitled to receive equitable services under Title I.

Although preschool children generally are not entitled to receive equitable services, if they reside in a participating Title I school attendance area and attend a private elementary school in which school-age children are entitled to equitable services, the preschool children and their teachers and families may receive Title I services. Whether such preschool children will receive services is based on timely and meaningful consultation between the LEA (or contractor in the case of the bypass contract) and private school officials, taking into consideration the needs of preschool children and other eligible children in the private school and the amount of funding available to provide services.

QUESTION 7: The start date for the base year of this contract is 30 September. To implement timely equitable services, the contractor, in Sub-Task 2.4.2 is required to start instructional and other services no later than the 3rd Monday in September. How would the start-up of the program be addressed to ensure equitable services for the eligible private school children?

RESPONSE: The Department will work with the contractor following the award of the contract to assist with the start-up of the program and to transition the contract.

QUESTION 8: In Sub Task 2.4.3 of the PWS, Determining Student Eligibility, are students by virtue of their status, (homeless, neglected or delinquent, 2 years of participation in Head Start, Title II, Part B, subpart 2, literacy program, Title I preschool or Title I Part B), eligible for Title I services regardless of their residency in a public school attendance area?

RESPONSE: No. A private school student must reside in a participating Title I public school attendance area in order to be considered for Title I services.

QUESTION 9: Sub-Task 2-7 in the PWS, Teachers and Supervisors Employed by the Contractor, cites….compensate teachers including both salaries and benefits at a rate that shall be equal to and never greater than the prevailing teacher schedule for public school teachers with similar qualifications and experience. Because each LEA may have a different benefit package, teachers may be serving students from multiple LEAs, and the contractor generally offers a set of benefit options can the wording for benefits in Sub-task 2-7 be modified to comparable benefits, rather than equal?

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RESPONSE: Yes. The Department has modified the language under Sub-Task 2-7 to read:

“Compensate teachers including both salaries and benefits at a rate that shall be equal comparable to and never greater than the prevailing teacher schedules for public school teachers with similar qualifications and experience in the LEA in which the program is located;”

QUESTION 10: Sub-Task 2.13.2 Monitor Title I Programs, cites that the contractor develop monitoring plan procedures, that shall include, but not limited to, a monthly monitoring schedule, a record of site visits completed, the results of the visits and anticipated follow-up.

Please clarify that site visits are not required monthly if another monitoring method is in place.

RESPONSE: Monthly onsite visits are not required if other established monitoring methods are used to monitoring the Title I program. The monitoring system must also include annual unannounced visits to each Title I site on a rotating basis.

QUESTION 11: Task 5, Monthly report, states that the format for the monthly voucher is in Appendix E. Please provide the format as the form was not in the solicitation package.

RESPONSE: The Monthly Voucher is Appendix D and not Appendix E. Task 5 of the PWS has been corrected to reflect this change, and the form is included with Amendment 0001 to the Solicitation.

QUESTION 12: The instructions to Offerors states that the technical proposal is limited to 50 double spaced pages which include the cover page and table of contents. The components of the technical volume include: technical approach, key personnel, management plan and corporate experience and past performance. To adequately address the 4 sections in the technical approach we request that the page limit be increased to 100 double spaced pages or 50 single spaced pages and that the cover page and table of contents not be included in the page count.

RESPONSE: The page limit of the Technical Proposal is increased to 80 pages. All other requirements for the Technical Proposal remain unchanged. The Instruction to Offerors has been amended to reflect this change.

QUESTION 13: In the Instructions to Offerors, Key Personnel, it states that resumes shall be included for all Key Personnel, including staff from subcontractors. Who does the Department consider Key Personnel, other than the Project Director?

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RESPONSE: The Department considers any Project Administrator(s) and Supervisors to be Key Personnel.

QUESTION 14: In the Instructions to Offerors, Small Business Participation, the Department’s goal is 31% of all subcontracting to be subcontracted to small business. Does that percentage apply to each individual procurement or the Department’s overall goal for all of their contracts?

The primary costs in the equitable services contracts are for personnel. In many cases small businesses do not have the capacity to offer benefits which limits the amount of subcontract dollars that can be allocated. The individual subcontract goals listed on page 57 of the solicitation indicate that individual subcontract goals are: Women-owned small business (5%);

small disadvantaged business (5%); HUB Zone small business (3%); and Service disabled, veteran-owned small business (3%). The total for these small business areas is 16%. What is an acceptable % for small business participation for an individual contract?

RESPONSE: The percentage applies to the Department’s overall goal for all of our contracts rather than for any individual contract. There is no mandate to subcontract, and if offerors choose to subcontract it is entirely up to offerors what percentage of small business participation they propose and in what category or categories (e.g. HUBZone, Service-Disabled Veteran-Owned Small Business, etc.) they propose.

QUESTION 15: Clause H. 10-Security Requirements for Contractors. The Government has identified the Project Director, Supervisors and teachers in the moderate risk category. The security requirements for a moderate risk category are a NACI investigation. Is the NACI processed and paid through the Department of Education? How much lead time does it take to process a NACI? Can the employee be placed in their job while the investigation is in process?

The requirements for teachers and personnel in the LEA public schools are background checks with fingerprints. Why are the security requirements different than those for public school personnel?

RESPONSE: We provide additional clarification on the security screening requirement:

(1) A Moderate Risk Background Investigation requires a Tier 2S investigation, not a

National Agency Check and Inquiries (NACI) investigation.

(2) The Department’s Office of Management (OM) processes all contractors and pays for the investigations.

(3) Processing time depends on how long a contractor takes to complete all necessary paperwork, fingerprinting, etc.

(4) An employee may be placed in their position while the investigation is ongoing, but

OM suggests that the investigation be initiated with the Office of Personnel Management’s National Background Investigations Bureau prior to doing so.

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QUESTION 16: Section M Evaluation Criteria. There does not appear to be any criteria for evaluation of the Business Proposal. Should there be?

RESPONSE: The Department will analyze the Business Proposal in accordance with the procedures required for a non-commercial, Cost-Reimbursement contract.

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Version Date: May 24, 2017

Attachment A

Providing Equitable Title I Services to Eligible Children Attending Private Schools in

14 Bypassed Local Educational Agencies in Virginia

PERFORMANCE WORK STATEMENT

I. Background

Title I, Part A (Title I) of the Elementary and Secondary Education Act (ESEA), as amended by the Every Student Succeeds Act (ESSA),1 provides Federal financial assistance to local educational agencies (LEAs) to ensure that all children have a significant opportunity to receive a fair, equitable, and high-quality education, and to close educational achievement gaps.

Accordingly, section 1117 of the ESEA requires each participating LEA to provide Title I services to eligible private school children, their teachers, and their families. These services must be equitable to those provided by each LEA to public school children, their teachers, and their families.

If an LEA is prohibited by law from providing equitable services to private school children in accordance with section 1117 of the ESEA or if the U.S. Secretary of Education determines that an LEA has substantially failed or is unwilling to provide such services to private school children, that LEA is “bypassed.” In such an instance, the Secretary makes arrangements to provide these services to eligible private school children, their teachers, as applicable, and their families through a contract with a third party provider. Currently, the Secretary has bypassed 14 LEAs in the State of Virginia. (See Appendix A entitled “Bypassed LEAs in Virginia,” which contains the names of the 14 LEAs).

II. Purpose

The U.S. Department of Education’s (Department’s) Office of State Support (OSS) within the Office of Elementary and Secondary Education (OESE) intends to award a contract to a third-party provider to provide equitable services under Title I to eligible children attending private schools, their teachers, and their families in the 14 bypassed LEAs in Virginia.

This procurement is made pursuant to the requirements in section 1117(e) and section 8504 of the ESEA. The target population is private school children who reside in participating Title I public school attendance areas in the bypassed LEAs in Virginia and who are identified by the contractor as failing or most at-risk of failing to meet challenging State academic standards or alternative high academic standards identified by the contractor in consultation with private school officials (hereinafter referred to as alternative academic standards).

1 The ESSA, enacted on December 15, 2015, reauthorized and amended the ESEA. Under the ESSA transition provisions, as clarified by the Consolidated Appropriations Act, 2016, changes made by the ESSA to formula grant programs, including Title I, take effect beginning in the 2017-2018 school year. Thus, all references to the ESEA in this document are to the ESEA, as amended by the ESSA.

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As a condition of this contract, the contractor shall implement the Title I program governed by this contract in accordance with all applicable Title I statutory and regulatory requirements.

III. Period of Performance

The period of performance for this contract is one 12 month base year from the date of award with four additional twelve-month option years to be exercised at the discretion of the Department.

IV. Overview of Contract

In accordance with section 1117 of the ESEA, the contractor shall provide Title I equitable services to assist eligible private school children in acquiring the knowledge and skills necessary to meet challenging State standards or alternative academic standards, and to achieve in their regular classrooms.

The contractor shall provide Title I services to eligible private school participants using methods and instructional strategies for improving academic achievement that support instruction in the regular private school classrooms through activities such as expanded learning time, before and after school programs, and summer programs and opportunities. At a minimum, the contractor shall:

• Provide private school participants with supplemental education services, such as reading, mathematics, language arts, and other benefits on an equitable basis to those provided to public school students in each bypassed LEA;

• Use program resources to help private school participants meet challenging State academic standards or alternative standards expected for all children;

• Coordinate with and support the education programs in the regular private school classrooms;

• Provide instruction by teachers who are employees of the contactor;

• Provide as applicable, private school teachers of participants an equitable opportunity to participate in professional development activities that provide these teachers with knowledge and skills to better meet the needs of their Title I children;

• Provide strategies to afford parents of participants with meaningful opportunities to support the education of their children at home and at school;

• Review on an ongoing basis and assess, at least annually, the progress of the Title I program toward meeting established academic goals and use the assessment data to modify the Title I program, as necessary; and

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• Provide appropriate professional development activities to the Title I teachers and supervisors employed by the contractor to ensure that they gain the knowledge and skills required to provide quality, meaningful, and appropriate instruction to private school participants.

V. Scope of Work

This section describes the tasks and subtasks that the contractor shall perform under this contract.

All deliverables shall be submitted to the Contractor Specialist (CS) and Contracting Officer (CO) and the Contracting Officer’s Representative (COR) electronically (and in hard copy, when requested).

TASK 1: Communication with the Department

Subtask 1-1: Post Award Meeting

Annually the contractor, key project staff and other relevant Department staff shall meet within ten (10) business days following the award of the contract to discuss minor revisions to the Management and Program Design plans. The meeting will be held at the Department, located in Washington, D.C. and the COR will identify the exact time and place for the meeting and will assume responsibility for inviting relevant Department staff.

In preparation for this meeting, the contractor shall come prepared to discuss details related to the Management and Program Design Plans set forth in the proposal and other issues related to the tasks and the overall contract. The contractor shall be prepared to present and discuss any areas of concern, potential problems, and possible resolution. At the post award meeting, the contractor shall discuss any changes needed to the schedule, including dates for all key activities and deliverables.

The contractor shall submit to the COR draft minutes of the meeting within one business week after the meeting. Allowing one business week2 for the COR to comment on the draft minutes, the contractor shall submit to the COR revised minutes that incorporate the COR’s comments.

Subtask 1-2: Periodic Telephone Calls with COR

The contractor shall participate in regular telephone calls with the COR to discuss the progress of this contract, including any anticipated problems before they occur and proposed solutions to those problems. During the base period of the contract, these telephone calls shall occur every two business weeks. During option years, calls shall occur at least monthly or more frequently if needed.

TASK 2: Developing the Program Design Plan

2 The term “week” used in this PWS refers to one business week and assumes allowances for holidays.

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The contractor shall develop a Program Design Plan to serve as the framework for providing equitable Title I services to eligible children attending private schools, their teachers, and their familes in the 14 bypassed LEAs in Virginia. The contractor shall use this program design to ensure that eligible children attending private schools, their teachers, and their parents in the 14 bypassed LEAs in Virginia receive equitable Title I services as required under section 1117 of the ESEA for the period of performance for this contract. The contractor must ensure that the Title I equitable services provided based on the Program Design Plan, including materials and equipment, are secular, neutral, and non-ideological.

The contractor shall develop an estimate of the amount of instructional, parent and family engagement, and administrative funds necessary to implement the equitable services requirement in each bypassed LEA for the following year. The contractor shall submit one copy of this estimate to the CO and the COR, respectively, on August 1st of the base year and June 10th of any exercised option year thereafter.

The contractor shall make adjustments to the original Program Design Plan, on an annual basis, in response to (1) information gathered from the annual collection of data, (2) when LEAs are added or removed from bypass status, or (3) unforeseen circumstances occur that impact the contract.

Additionally, should revisions to the Management and Program Design Plans be required as a result of discussions at the post award meeting, the contractor shall prepare and submit to the CO and COR, respectively, a copy of a revised Management Plan and Program Design Plan within ten (10) business days following the post award meeting.

The components of the Program Design Plan are the subtasks listed below.

Subtask 2-1: Timely and Meaningful Consultation

Section 1117(b) of the ESEA requires that timely and meaningful consultation with appropriate private school officials shall occur during the design and development of the Title I program for eligible private school students and shall continue through implementation and assessment. As such, as applicable, the contractor shall complete the subtasks noted below in consultation with appropriate private school officials.

The contractor shall have one-on-one meetings with appropriate private school officials and principals concerning the design, development, and implementation of the Title I program, as well as discussions concerning the needs and progress of individual participants, their teachers, and their parents. Discussions at these meetings shall be limited to mutual professional concerns regarding the Title I program. Consultation meetings may include in-person, email, and virtual communications as appropriate and agreed upon with the COR.

The contractor shall describe its consultation with private school officials, including consultation timelines, dates for completed consultation topics, dates for anticiated consultation, and with whom the contractor has consulted. The affirmation form the contractor may use is Appendix B.

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Subtask 2-2: Annual Data Collection

In order to provide equitable services to private school participants, their teachers, and their families, for each LEA the contractor shall collect the following data on an annual basis, and use these data to ensure that the Title I requirements are met:

• The LEA’s total Title I allocation prior to any expenditure or transfer of funds (from the Title I application submitted to the SEA’s for each bypassed LEA);

• Participating Title I public school attendance areas in the LEA (from the Title I application submitted to the SEA for each bypassed LEA);

• The number of public school children residing in each participating Title I public school attendance area (from each bypassed LEA);

• The number of private school children from low-income families residing in each participating Title I public school attendance area as determined by the contractor in accordance with Subtask 2-3.1;

• The total amount of funds to be reserved by the LEA for Title I parent and family engagement under ESEA section 1116(a)(3)(A) (i.e., at least 1 percent of an LEA’s total Title I allocation if the LEA’s allocation exceeds $500,000)(from each bypassed

LEA);

• The number of eligible private school children (based on the multiple, educationally related, objective criteria developed in consultation with private school officials and as defined in section 1115 of the ESEA) for the current school year for each private school site;

• Annual student achievement data from private school assessments of the participants, if available; and

• Teacher salary schedules for each bypassed LEA (from each LEA).

Subtask 2-3: Determining Equitable Services Funding

Subtask 2-3.1: Determining the Proportionate Share

For each LEA, the contractor must determine the proportionate share of Title I funds available for equitable services based on the total amount of Title I funds received by the LEA prior to any allowable expenditures or transfers of funds, including reservations for administration, parental involvement, and districtwide initiatives.

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To determine the proportionate share, the contractor, in consultation with private school officials, first must determine the number of private school children ages 5 through 17 who are from low-income families and who reside in participating public school attendance areas in each bypassed LEA using one or more of the following methods:

• The same measure of poverty used to count public school children;

• Comparable poverty data from a survey of private school families that, to the extent possible, protects the identity of families of private school students and extrapolating such survey results, if complete actual data are unavailable;

• Comparable poverty data from a different source;

• Proportionality by applying the low-income percentage of each participating public school attendance area to the number of private school children who reside in that school attendance area; or

• An equated measure.

Annually, the contractor must provide a description of the method(s) used to calculate the number of private school children ages 5 through 17 who are from low-income families and who reside in participating public school attendance areas in each bypassed LEA in the Program Design Plan. The contractor must also provide the justification for selecting the method(s) used.

Once the contractor determines the number of low income private school children residing in each participating public school attendance area, it shall –

1. Determine the number of children ages 5 to 17 from low income families residing in each participating public school attendance area who attend public schools and private schools;

2. Determine the overall proportion of children from low-income families who reside in participating public school attendance and who attend public schools and private schools;

and

3. Using the proportion of children from low-income families who attend private schools, determine the amount of funds available for equitable services based on that proportion of the LEA’s total Title I allocation (e.g., if 10 percent of children from low income families residing in a participating Title I attendance area attend private schools, then 10 percent of an LEA’s Title I funds are available for providing equitable services).

Subtask 2-3.2: Reserving Funds for Parent and Family Engagement and for Administration

From the proportionate share of funds available for equitable services as determined under Subtask 2-3.1, the contractor must reserve funds (1) for parent and family engagement activities required under ESEA section 1116, and (2) for administration. The remaining funds must be used for providing Title I instructional services.

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To determine the amount of funds that must be used or parent and family engagement, the contractor must apply the proportionate share percentage determined in Step 2 of Subtask 2-3.1 to the total parent and family engagement reservation as determined by the LEA (e.g., if the LEA has indicated it is reserving 1 percent of the its total allocation for parent and family engagement, the contractor must use this amount to determinate the proportionate amount it must spend on activities for parents and families of private school students).

With respect to administration, the contractor may reserve an amount that is consistent with the contract’s provisions on administrative costs.

Subtask 2-3.3: Allocating Title I Funds Using School-by-School and Pooling Options

The contractor, in consultation with private school officials, shall choose one, or a combination of the following options, for using the Title I funds generated by private school children from low-income families:

a) School-by-School Option: Provide equitable services to eligible children in each private school with the funds generated by children from low-income families who reside in participating public school attendance areas and who attend that private school.

b) Pooling Option: Combine the funds generated by private school children from low-income families who live in all participating public school attendance areas in a bypassed LEA to create a pool of funds from which the contractor provides equitable services to eligible private school children who are in the greatest need of education services and reside in participating public school attendance areas. If this option is selected, the contractor must establish criteria to determine the eligible private school children who are most at risk and, therefore, in the greatest need to receive services. Under this option, the services provided to eligible children attending a particular private school do not depend on the amount of funds allocated for children in that school.

The contractor shall only pool within an LEA’s boundaries. The contractor shall not transfer instructional funds from one LEA to another LEA. The contractor shall describe which option was used to allocate Title I funds, with a justification for selecting the method used.

Subtask 2-4: Delivering Title I Instructional Services

Subtask 2-4.1: Designing Title I Instructional Programs

Following consultation with appropriate private school officials, the contractor shall design Title I instructional programs that provide participants an equitable opportunity to meet challenging State academic standards or alternative high standards.

Once students are selected to participate according to the procedure outlined in Subtask 2-4.3, the contractor, in consultation with private school officials, shall determine what Title I services are to be provided based on identified student needs. The needs of the private school participants

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shall determine the appropriate Title I services, including professional development for teachers of private school participants, and the services may be in subject areas or grade levels that are different from subject areas and grade levels provided to public school students. The contractor shall address the specific needs of participants who are English language learners, children with disabilities, homeless children, and other at risk student populations.

The provided services shall give reasonable promise that the private school participants shall make progress toward achieving challenging State academic standards or alternative standards (see Subtask 2-6.2).

In designing a Title I program in a bypassed LEA, the contractor shall design pullout programs (i.e., programs that are provided in a space outside the regular private school classroom) that shall meet the needs of the participants and are administratively feasible. There may be instances where, for example, there are a very small number of students to be served in a bypassed LEA or at a particular private school site. In such instances, there may not be enough funds available to provide direct instruction by a teacher. Therefore, the contractor shall consider alternative instructional strategies to direct teacher-student instruction. Such alternative strategies may include, but not be limited to, after or before school programs (extended day programs), summer programs, home tutoring, family literacy, computer-assisted instruction, or professional development for teachers of private school participants.

The instructional programs developed by the contractor shall not only supplement but also coordinate with and support the instruction that the private school children are receiving in their regular classrooms. The instructional program should complement classroom instruction and should not be a separate instructional program.

The contractor shall describe the Title I services to be provided. Regardless of the service design, the contractor shall justify to the COR that the Title I program is administratively feasible.

Subtask 2-4.2: Implementing Title I Instructional Programs

Based on the needs of the participants, the contractor shall implement the instructional programs (including subject areas and grade levels, assessment instruments, curriculum content, teaching methods, and types of equipment, supplies, and materials) designed under Subtask 2-4.1. The contractor shall begin instruction to Title I participants no later than the first Monday of the third business week in September of the base year and each exercised option year.

The amount of funds available to provide instructional services, including professional development for teachers of private school participants, is equal to the amount generated by private school children from low-income families who reside in a participating public school attendance area in an LEA, less funds reserved for parent and family engagement activities and for administering Title I equitable services (see Subtask 2-3). The contractor shall not transfer funds from one LEA to another LEA.

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The provided services shall give reasonable promise that the private school participants shall make progress toward achieving the challenging State academic standards or alternative standards (see Subtask 2.6.2). The contractor must provide justification of how it has determined that this requirement has been met.

Subtask 2-4.3: Determining Student Eligibility

In consultation with private school officials, the contractor shall establish criteria to determine which private school children are eligible and, within the eligible group, which children shall be selected for participation. The contractor shall select either private school participants who are failing, or most at risk of failing, to meet challenging State academic standards or private school children who are failing, or most at risk of failing, to meet high levels of achievement comparable to those required by the State’s challenging academic content and student academic achievement standards.

In determining student eligibility, the contractor shall be aware that to be eligible to receive Title I services, a private school child must reside in a Title I participating public school attendance area and must meet the eligibility criteria in section 1115(c) of the ESEA, which states that eligible children be identified as failing or at risk of failing on the basis of multiple, educationally related, objective criteria. Children from preschool through grade 2 are selected on the basis of objective criteria established by the LEA and supplemented by the school. Certain children may be identified as eligible by virtue of their status. Such children include homeless children, neglected or delinquent children, and children who in the preceding two years participated in Head Start, a literacy program under Title II, Part B, Subpart 2, a Title I preschool, or Title I, Part C.

The contractor shall have the final authority to select the private school participants.

Title I funds may not be paid to private school officials or others who identify private school children as eligible to participate. The contractor, however, may use Title I funds to select participants who are most at risk from those who are eligible and the contractor may use Title I funds to determine the specific educational needs of participants.

The contractor shall describe the criteria to be used to determine student eligibility.

Subtask 2-4.4: Evaluating Title I Instructional Programs

The contractor shall evaluate the Title I programs provided to private school participants using the standards, assessments, and definition of annual progress developed after consultation with the private school officials (see Subtask 2-6). The contractor shall present an evaluation design to be used to evaluate the Title I program. This evaluation shall include, but not be limited to, sucessful instructional practices, research-based instructional materials, and any problems incurred in delivering the required services and resolutions undertaken.

Annually, the contractor shall evaluate the Title I programs no later than May 30.

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Subtask 2-5: Equitable Participation for Parents of Title I Participants

Section 1117(a)(1)(B) of the ESEA requires that families of participating private school children participate, on an equitable basis, in parent and family engagement activities under section 1116 of the ESEA.

Subtask 2-5.1: Implementing Parent and Family Engagement Activities

The contractor shall implement parent and family engagement activities as required by section 1116 of the ESEA and the contractor shall describe these required activities in the Annual Report of the Program Design Plan. The contractor shall describe the approach to be used to implement parent and family engagement activities.

The contractor shall also describe what and how parent and family engagment activities will be implemented, including justification for why these parent and family engagement activities were selected. The contractor shall describe these activities in the Annual Report of the Program Design Plan (see Subtask 4-3).

Subtask 2-5.2: Evaluate Parent and Family Engagement Activities

The contractor shall evaluate the content and effectiveness of the parent and family engagement activities provided by the contractor to determine their effectiveness in increasing student achievement and identify barriers to greater participation of parents. The contractor shall use these evaluations to improve the Title I programs for the participants and parents. The contractor shall provide an evaluation of the parent and family engagement activities provided by the contractor to the COR in determining their effectiveness in increasing student achievement. As part of the evaluation, the contractor shall also identify barriers to greater participation of parents.

Subtask 2-6: Standards, Testing and Assessment, Annual Progress, and Program Modifications

Subtask 2-6.1: Develop Annual Assessment Plan The contractor shall develop an Annual Assessment Plan, which lists by LEAs or groups of private schools the following:

• A description of the standards agreed-upon in consultation, which shall be used to determine the effectiveness of the Title I programs;

• The tests, other assessments, or both that shall be used to measure the effectiveness of the

Title I programs in supporting student achievement in the regular private school classrooms against the agreed-upon standards;

• The definitions of annual progress for that school year;

• The annual progress measures the contractor shall use;

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• The process the contractor shall use to modify programs if annual progress is not met; and

• How the contractor shall use data from the assessment of the Title I programs and student performance to make modifications.

The contractor shall use the Annual Assessment Plan for the base year and each exercised option year to determine the effectiveness of the Title I programs.

The contractor shall submit the Annual Assessment Plan to the Department for review and approval by September 15th of the base year and each exercised option year. The Department reserves the right to require the contractor to revise the Annual Assessment Plan to meet Title I requirements and current research on testing and measurement.

Subtask 2-6.2: Establishing Standards

Private school participants shall be held to the same challenging academic standards that are expected of all public school students. Thus, the contractor, in consultation with private school officials, shall establish what standards shall be used to measure the effectiveness of the Title I program as indicated by the achievement of the private school participants. If the contractor, in consultation with the private school officials, determines that it is inappropriate to measure program effectiveness and student achievement in relation to State standards, the contractor shall use alternative standards that ensure that the services provided enable the private school participants to achieve the same high level called for by the State standards. It may be more appropriate for the standards to be aligned with the curriculum of the private school and it may be necessary for the contractor to use different standards for different private schools given the curricula of the private schools.

The contractor shall present the standard(s) to be used to measure the effectiveness of the Title I program as indicated by the achievement of the private school participants. The contractor shall establish at least one standard per subject area served. The contractor may establish different standards by grade level or grade span, if appropriate.

Subtask 2-6.3: Testing and Assessment

The contractor shall assess on an annual basis, the effectiveness of the Title I program based the achievement of the Title I participants against the challenging State academic standards or the alternative standards developed under Subtask 2-6.2. All children receiving Title I services, including children receiving non-instructional type services, shall be assessed on their progress in meeting these agreed-upon standards.

The contractor shall present an approach to be used to assess the effectivness of the Title I program based on the achievement of the Title I participants.

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The contractor may use the State’s assessment system (under section 1111(b)(2) of the ESEA), or may use other assessment measures that more accurately reflect the progress of those participants toward meeting challenging academic content and student academic achievement standards. The contractor is not prohibited from using an assessment measure currently used at the private school. The contractor shall make the final decision based on the approval of the COR on what assessment to use after consultation with appropriate private school officials.

Subtask 2-6.4: Measuring Annual Progress

In consultation with private school officials, the contractor shall establish a definition by which to measure the annual progress of the Title I program for private school participants toward meeting either the challenging State academic standards or alternative standards developed in Subtask 2-6.2. The contractor shall also use the progress the participants are making in their regular private school classroom as one measure of annual progress. In measuring progress, the contractor has the flexibility to group participants in a manner that shall provide the most accurate information of a program's progress.

The contractor shall present an approach to be used to establish a definition by which to measure the annual progress of the Title I program for private school participants to meeting State or alternative standards.

Subtask 2-6.5: Making Program Revisions (in accordance with Title I guidance)

If the contractor, in consultation with private school officials, determines that a Title I program has not made the agreed-upon annual progress, the contractor shall make revisions to the Title I program that are warranted and have the greatest likelihood of improving the performance of participants in meeting the State’s student academic achievement standards or the alternative standards developed under Subtask 2-6.2. Lack of significant student achievement gain may indicate a need to redesign the entire program, improve particular program elements, or strengthen professional development. In addition, the contractor shall consider the assessment data when determining needs of private school teachers of participants and the most appropriate activities for their parents.

Subtask 2-7: Title I Teachers and Supervisors Employed by the Contractor

Since the contractor shall be assuming LEA responsibilities, the contractor, as an LEA replacement, shall:

• Recruit, assign, supervise, and provide orientation to teachers and supervisors who meet the State’s certification and licensure requirements;

• Hire and assign employees, including Title I teachers and supervisors, without regard to their religious affiliations, or lack of such affiliations;

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• Maintain a list of qualified substitute teachers to ensure continuity of services in cases of extended teacher absence;

• Compensate teachers including both salaries and benefits at a rate that shall be comparableequal to and never greater than the prevailing teacher schedules for public school teachers with similar qualifications and experience in the LEA in which the program is located;

• Provide appropriate professional development activities to Title I…