ADEQUATE YEARLY PROGRESS PUBLIC SCHOOL CHOICE SUPPLEMENTAL EDUCATIONAL SERVICES Elementary and Secondary Education Act (ESEA) 1

Goals for the Day To broaden understanding of the ESEA Regulations on: Adequate Yearly Progress (AYP) Public School Choice (PSC) Supplemental Educational Services (SES) To understand the AYP requirements that each district/school has to implement for the school year. 2

ESEA Legal Guidance Documents ESEA – No Child Left Behind (NCLB) 1116 Code of Federal Regulations – 34CFR.200 Non-Regulatory Guidance for District and School Improvement Public School Choice Supplemental Educational Services

Removal of ESEA Flexibility U.S. Secretary of Education Letter – April 24, 2014 Washington ESEA Flexibility ends with the close of the school year. Washington was unable to keep all of the ESEA Flexibility commitments, specifically that Washington would put into place a teacher/principal evaluation system that included student growth as a significant factor to determine performance levels. The state is required to return to meeting all NCLB requirements, starting with the school year. 4

Removal of ESEA Flexibility Districts with schools in a step of improvement will be required to set-aside 20% of their Title I, Part A funds to fund PSC and SES for eligible students. Districts in a step of improvement will be required to set-aside 10% of their Title I, Part A allocation for professional development. Schools in a step of improvement will be required to set-aside 10% of their building Title I, Part A allocation for professional development. 5

Removal of ESEA Flexibility Schools in improvement, corrective action, or restructuring will be required to send letters to homes that inform parents of the AYP standing of the school 14 days* before the opening of the school year. Districts identified in improvement or corrective action will be required to notify parents per normal AYP rules. * Waiver to United States Department of Education (ED) Newly identified in Step 1 Might move out of Steps 6

Proposal to ED - APPROVED Approved as of May 2, 2014 To determine AYP status Use assessment and other indicator data from and SMARTER BALANCED field test Schools data from and Spring, 2014, Priority schools (bottom 5% of Title I, Part A schools in reading and math) and Focus schools [bottom 10% of schools based on subgroup performance in reading/math (combined)]. Proficiency in reading/math (combined) for the , and school years (using test results from Spring 2011, 2012 and 2013 exams). Provide funding and technical support to assist schools in fulfilling school improvement plans (Indistar). Continue to serve previously identified Priority and Focus schools in

Proposal to ED 8

AYP Elements  ALL students “proficient” by 2014  Separate annual proficiency goals in reading and math  1% can be proficient at district level using alternative performance standard  Same Goal on ‘state uniform bar’ for nine groups  All students  Seven Racial/Ethnic Groups  Students with Disabilities (Special Education)  Students with Limited English Proficiency (ELL)  Students from Low-Income Families (Poverty)  95% of students in each group to be assessed  One other indicator  Graduation rate (high schools): 85% (or two percentage point increase)  Unexcused absences (Grades 1-8): 1% (or any decrease) 9

AYP Elements If a group does not meet the proficiency goal, it makes AYP if the reduction in percent of students not meeting standard decreases by 27% and meets the other indicator (Safe Harbor) Minimum number of students (N<30) needed for a student group for statistically reliable AYP decisions Count only those students who are enrolled for a full academic year (continuous enrollment from October 1 through the entire testing period) 10

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12 Reading Mathematics

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Graduation Rate 15

Consequences Apply only to districts that receive Title I A Funds District Improvement — STEPS 1& 2 Based on Data 1.State Assessments 2. Graduation rate 3.Unexcused absences AYP Professional Development ( PD ) + District Improvement Plan + Parent Notification + Set Asides + Tech Support PD + Corrective Action Plan + Parent Notification + Set Asides Year 1Year 2 AYP Step 1 Year 3 Identified for District Improvement Step 2 Year 4 AYP Set Aside Title I, Part A Funds Districts that receive Title I, Part A funds and are in a step of improvement — AYP step 1 or 2 — must set aside money from their total allocation for professional development.

Based on Data 1.State Assessments 2. Graduation rate 3.Unexcused absences AYP Professional Development ( PD )School Improvement Plan ( SIP ) + Public School Choice ( PSC) PD + SIP + PSC + Supplemental Ed. Services ( SES ) PD + SIP + PSC + SES + Corrective Action SIP + PSC + SES + Corrective Action + Plan Restructuring Restructured School Operation Year 1Year 2 AYP Step 1 Year 3 Step 2 Year 4 Step 3 Year 5 Step 4 Year 6 Step 5 Year 7 AYP Identified for School Improvement SCHOOLS IN STEPS 1-5 Consequences Apply only to schools that receive Title I A Funds Sanctions District responsibility SBAC Field Testers Based on Same Data

Year 1 of School Not Making AYP School Parent Notification Requirements No parent notification requirements for schools not making AYP in Year 1.

Schools that have not met AYP Requirements - Step 1 PD (10%) + SIP+ Public School Choice Parent Notification must include:  An explanation of what AYP identification means and how the school compares to other schools.  The reasons the school was identified for improvement.  An explanation as to what the school is doing to address the problem of low achievement – other indicator.  Information on what the district is doing to assist the school.  An explanation of how parents can be engaged with the school, including participation in the development of the school improvement plan.  Information on Public School Choice  Identify each school that parents can select.  Include information on the academic achievement of the schools that parents may select.  Explain PSC services are free to parents.  Explain how students become eligible for PSC.  Explain how the district will notify parents about enrollment dates and start dates.  Give information regarding who parents should contact with questions.

Schools that have not met AYP Requirements– Step 2 PD (10%) + SIP+ PSC+ Supplemental Educational Services Parent Notifications must include:  An explanation of what AYP identification means and how the school compares to other schools.  The reasons the school was identified for improvement.  An explanation as to what the school is doing to address the problem of low achievement – other indicator.  Information on what the district is doing to assist the school.  An explanation of how parents can be engaged with the school, including participation in the development of the school improvement plan.  Provide parents either PSC or SES  Information on Public School Choice (Follow PSC requirements- Step 1).  Information on Supplemental Educational Services.  Identify each approved SES provider within district or in its general geographic location. The notice should also identify providers that are accessible through technology, such as distance learning.  Describe the services, qualifications and evidence of effectiveness for each provider.  Indicate providers that are able to serve students with disabilities or LEP students.  Include an explanation of the benefits of receiving SES.  Be easily understandable, in a format, including alternative formats upon request, and in a language the parent can understand.

Schools that have not met AYP Requirements– Step 3 PD (10%) + SIP+ PSC+ SES + Corrective Action Parent Notification must include:  An explanation of what AYP identification means and how the school compares to other schools.  The reasons the school was identified for improvement.  An explanation as to what the school is doing to address the problem of low achievement – other indicator.  Information on what the district is doing to assist the school.  An explanation of how parents can be engaged with the school, including participation in the development of the school corrective action plan.  Information to parents of their options of PSC or SES.

Schools that have not met AYP Requirements– Step 4 SIP+ PSC+ SES + Corrective Action + Plan Restructuring Parent Notification must include:  An explanation of what AYP identification means and how the school compares to other schools.  The reasons the school was identified for improvement.  An explanation as to what the school is doing to address the problem of low achievement – other indicator.  Information on what the district is doing to assist the school.  An explanation of how parents can be engaged with the school, including participation in the development of the school restructuring plan.  Information to parents of their options of PSC or SES.

Schools that have not met AYP Requirements– Step 5 Restructured School Operation Parent Notification must include:  An explanation of what AYP identification means and how the school compares to other schools.  The reasons the school was identified for improvement.  An explanation as to what the school is doing to address the problem of low achievement – other indicator.  Information on what the district is doing to assist the school.  An explanation of how parents can be engaged with the school, including participation in the implementation of the school restructuring plan.  Information to parents of their options of PSC or SES. PSC and SES

District Requirements for SES 1.Notify parents about the availability of services, at least annually [Section 1116(e)(2)(A); 34 C.F.R. §200.46(a)(1)]. (See G-2.) 2.Help parents choose a provider, if requested [Section 1116(e)(2)(B); 34 C.F.R. §200.46(a)(2)]. 3.Apply fair and equitable procedures for serving students if not all students can be served [Section 1116(e)(2)(C); 34 C.F.R. §200.46(a)(3)]. (See F-3.) 4.Ensure that eligible students with disabilities and LEP students receive appropriate services [34 C.F.R. §200.46(a)(4), (5)]. (See C-31 through C-33.) 5.Enter into an agreement (contract) with a provider selected by parents of an eligible student [Section 1116(e)(3); 34 C.F.R. §200.46(b)]. (See H-1.) 6.Assist the SEA in identifying potential providers within the LEA [Section 1116(e)(4)(A); 34 C.F.R. §200.46(a)(2)]. (See C-1). 24

District Requirements for SES 7.Protect the privacy of students who are eligible for or receive SES [Section 1116(e)(2)(D); 34 C.F.R. §200.46(a)(6)]. (See H-16 through H-18.) 8.Assist the SEA in monitoring the SES providers. 9.Prominently display on its website, in a timely manner to ensure that parents have current information: (a) beginning with data for the 2007–2008 school year and for each subsequent school year, the number of students who were eligible for and the number of students who participated in SES; and (b) for the current school year, the list of providers approved by the SEA to serve in the LEA and the locations where services are provided [34 C.F.R. §200.39(c)(1)(ii), (iii)]. (See G-10 through G-12.) 10.Meet its 20 percent obligation. If an LEA spends less than the amount needed to meet its 20 percent obligation, then it must either: (a) spend the remainder of that obligation in the subsequent school year; or (b) meet the criteria in 34 C.F.R. §200.48(d)(2)(i) [34 C.F.R. §200.48(d)(1), (2)]. (See L-1.) 25

District Responsibilities Communication with Parents – notification to parents of eligible students; communicate throughout process Formal Contract with Providers – fully executed contract for each provider selected Background Checks – ensures provider staff members have been processed through a criminal background check Facility Use – arranges with providers for district facility use that is fair and equitable to other groups using facilities and is dependent on a district/school building policy Billing Requirements – ensures the per pupil cap is not exceeded, review bills from providers, issue payments to providers, keep financial records of expenditures for SES

District Responsibilities Evaluation – defines and implements an evaluation of SES effectiveness by monitoring the program and progress of students Progress Reports – along with parents, providers, and teachers, determines learning goals and frequency of progress reporting Confidentiality – ensures public identity of student is not disclosed without written permission of parent of the student Reporting Requirements – provides information to state Title I office on quality and effectiveness of SES offered by providers and submit all required reports in a timely manner

SES Provider Responsibilities Standards Alignment – ensures instruction is aligned to Washington academic achievement standards Achievement Goals – enables students to attain specific achievement goals, as established by the district, in consultation with parents Progress Reports – measures student progress and informs parents and teachers of that progress Formal Contract - fully executed contract with each district where students are being served

SES Provider Responsibilities Billing Requirements –adheres to the per pupil cap and bills districts accordingly Background Checks – works with OSPI to ensure that all SES employees have completed a fingerprint and criminal background check before any tutors works with students Confidentiality - ensures public identity of student is not disclosed without written permission of parent of the student Reporting Requirements – works with school/district to submit information that will be reported to the state Providers’ Assurances – adheres to signed Assurances

SES Providers Shall Not Approved Providers Shall Not: 1.Offer a student or parent any form of incentive/award to solicit them to select the provider for SES. 2.Offer or advertise to parents or potential students any form of incentive/award to be given to students for completion of attendance or performance goals, prior to the student’s actual enrollment in the program and prior to the start of SES. 3.Tamper with district enrollment forms. It is not acceptable for a provider to pre-populate forms with the provider name, to complete the forms on behalf of a student or parents, or to submit them to the district on behalf of students or parents. 4.Encourage students/parents to switch providers once enrolled.

SES Providers Shall Not 5.Charge the district for a portion of hours of services offered and indicate that the remaining hours of service are to be provided free of charge. 6.Compensate school district employees personally in exchange for access to facilities, to obtain student lists, to collect applications, or obtain other similar benefits for their SES program. 7.Disrupt regular school operations or administration. Providers may not visit schools and ask to meet with principals or SES coordinators without making an appointment beforehand. 8.Interfere with a regular school day program by trying to talk with teachers, meet with teachers, or teachers about issues regarding their involvement with your programs.

SES Providers Shall Not 9.Ask schools to provide working space for SES programs during regular school hours–you should not be present in the school during the normal school day. 10.Visit or call parents/students at home in an effort to recruit them to sign up for a specific program. This invades their privacy. 11.Solicit parents and students outside of the school building when parents are dropping off or picking up their children in an effort to recruit them to sign up for a specific program. This invades their privacy. 12.Misinform parents of their SES options or that a student can finish one program and then sign up for another one.

SES Providers Shall Not 13.Treat school administrators or staff disrespectfully or misinform them of their rights. 14.Advertise unfair or misleading information about your services or that of another vendor. Advertising includes any written or oral communication. 15.Ask students enrolled in the provider’s program to recruit other students for the program. 16.Solicit business on school premises except during scheduled SES meetings, fairs, conferences, and other events to which providers have been invited to attend.

District Responsibilities Step 1–Set-aside for SES/Public School Choice (PSC) The law states that 20% of the Title I, Part A allocation must be set-aside for SES (and PSC) Set-aside can only be used for actual costs of tutoring services (can’t be used for SES transportation) However, 1% of the 20% set-aside may be used for parent outreach (advertising through various media and Internet, community partnerships, parent fairs) [34 C.F.R. §200.48(a)(2)(iii)(C)]

Per-Pupil Funding Regular Maximum Required Expenditures for Choice-Related Transportation and Supplemental Educational Services Maximum per-child Expenditures for Supplemental Educational Services ,086, ,268 1, ,156 32, ,464 5,693 1, ,445 59, ,412 84, ,842 16,968 1, ,126, ,255 1, ,120 38, ,413, , ,654, , ,905, ,099 1,008.20

District Responsibilities Step 2–Identify eligible students from low income families (i.e., free and reduced lunch students) All free and reduced students in the building identified in Steps 2- 5 are eligible Develop a priority system in case more students request SES than school can serve, setting priority on the lowest achieving students

District Responsibilities Step 3–Know the Providers SES providers must be on the state approved list Become familiar with the approved SES providers and programs they offer–read descriptions, research websites, call Consider hosting a provider open house, ensuring that an invitation has been extended to ALL approved providers

District Responsibilities Step 4–Parent Notification Mail to homes of eligible students Inform of AYP status and reasons why the school was identified Inform of SES option (1 st notification) Explain objective criteria if demand is greater than funds available (priority) Include list of approved SES providers Response form that indicates whether or not they are interested in their child participating in SES – with reasonable due date

District Responsibilities Step 4–Parent Notification (cont.) At least two notices are required before any funds can be reallocated Each notice needs to be dated and on district letterhead Keep copies of each notice as documentation for monitoring and request to reallocate

District Responsibilities Step 5–Partnering Law requires schools to partner, to the extent practicable, with outside entities Purpose – to reach out to parents and inform of SES Who and How? Media Provider fairs, open houses Community centers, churches, city officials, school staff

District Responsibilities Step 6–Identify Participants Based on forms returned by parents, identify eligible students All free and reduced students are eligible if funds are available If needed, run through priority criteria, setting priority on the lowest achieving students

District Responsibilities Step 6–Identify Participants Send letter to parents letting them know whether or not their child is eligible for services based on fair and equitable criteria Include SES provider descriptions Include a form parents return either to select an SES provider (first and second choices) or to indicate no interest, giving a reasonable due date

District Responsibilities Step 7–Follow-up on Chosen Providers Compile a list of the providers chosen Make contact with parents if they indicated they need assistance selecting provider Schools are allowed to assist parents in selecting a provider by answering questions, etc., but the school cannot make the selection

District Responsibilities Step 8–Contract with Providers District, not provider, must initiate the contract Specific contract components, so the district is responsible for ensuring all are included Contact providers chosen by parents Review template and sample contract Develop contracts with each provider, including all required information, being specific Signed by both district and provider

District Responsibilities Step 9–Notify Parents Once all contracts are final Notify parents that they may contact provider to begin services School may contact providers on behalf of parents At this time, the district may release to providers the names of students enrolled

District Responsibilities Step 10–Communication Specific timelines for progress reports should have been outlined in the contract with provider Ensure provider is sending regular reports on the progress of all students receiving SES Parents School/District (Teachers/District SES contact)

District Responsibilities Step 11–Evaluation Process How did the SES implementation go at your school? What worked? What didn’t work? Changes for next year? Did providers do what they said they would?

District Responsibilities Step 12–Reporting to OSPI State reports to the United States Department of Education (EDFacts) Supplemental Services Data Collection Parent Survey School District Evaluation of SES Providers –review effectiveness with OSPI

District Responsibilities SES Provider Annual Report Student Progress Report Completed by provider Completed by every provider utilized in the district

Public Reporting of SES Districts must provide specific information on its website: Number of eligible and participating students beginning with school year List of state approved SES providers and locations of services for current school year (hyperlink to OSPI list) If no district website, state must report on its website

Reallocating SES Funds The law requires certain criteria has been met before any of the 20% set - aside can be reallocated- Form submitted and approved before doing budget revision on iGrants The following must be documented: Partnered with outside groups/advertise Provided genuine opportunity for parents to obtain SES for their children Provided at least 2 notices to parents Gave providers fair and open access to school facilities that would be given to other groups (facility policy) 34 C.F.R. §200.48(d)(2)(i)

Reallocating SES Funds Unless it meets the criteria described above, a district that does not meet its 20 percent obligation in a given school year must spend the unexpended amount in the subsequent school year on choice- related transportation, SES, or parent outreach and assistance. The district may also count the costs for parent outreach toward meeting its unexpended obligation, but only if it did not reach the 1 percent cap in the first year. The district must spend the unexpended amount in addition to the funds it is required to spend to meet its 20 percent obligation in the subsequent school year. [34 C.F.R. §200.48(d)(1)] This means that districts must be very proactive in ensuring that the three provisions above have been met in order to use the amount equal to 20 percent of your Title I, Part A allocation on an alternate activity or to carry it over for other approvable Title I, Part A activities.

Resources A Toolkit for Title I Parental Involvement Section 4 – LEA Responsibilities Tool 4.8 LEA Procedures – AYP Parental Notification Letter Includes PSC Instructions for Parent Notification Letter Includes PSC Instructions for districts unable to offer PSC Tool 4.9 Disseminating Annual Local Educational Agency Report Card Tool 4.11 AYP Parent Notification Letter Tool 4.12 SES Parent Notification Letter & Parent Request for SES services Giving Parents Options: Strategies for Informing Parents and Implementing Public School Choice and SES Under No Child Left Behind, is available at

District as an SES Provider 1.How will your SES instructional program be different from what you currently do in academic programs during the normal school day. 2.Transportation: Reminder, SES transportation costs may not count as part of the 20 percent set aside for SES/PSC. 54

District as an SES Provider 3.Facilities use: Does the district have a facilities use policy? How does the district document that the policy is implemented consistently? Note that the district must charge for facilities use in accordance with its district policy. SES providers may not be charged a rate different from the rate paid by other non-district entities, including vendors and non-profit organizations. If the district is using its space to provide SES services to its students it must ensure equal availability of its facilities to all providers. 55

District as an SES Provider 4.How does the district ensure equal availability of its facilities for all SES providers, including the district, if it provides SES services? 5.The district must have a supplemental contract with all district SES staff participating in the district-provided SES program. Contract must delineate the hours that the SES staff will be paid for participation in the district provided SES program. Must ensure that all SES duties such as planning, copying, any collaboration or records or information exchange must be handled during “SES” time and not during “teacher” contract time. The SES contract may include planning time, it may not include benefits or any other costs. 56

District as an SES Provider What controls are in place to accomplish this? What documentation, such as time and effort reports, supplemental contracts, etc., is maintained at the district? 57

District as an SES Provider 6.Startup costs: At the beginning of the school year, before there has been any billing for services, what is the fund source for startup costs for the district as an SES provider? 7.Per the state SES waiver, districts intending to be an SES provider must meet the Annual Measurable Objectives (AMO) waiver requirement to, “Demonstrate record of effectiveness for all providers.” The district must demonstrate effectiveness of the program.* Waiver granted by ED 8.Does the district intend to charge all SES allowable costs to a fund source other than Title I, Part A? If yes, the district must be consistent with its district’s pricing practices for other non-federally funded vendor services. 58

OSPI Title I/LAP Contacts Title I, Part A/LAP Program Director – Gayle Pauley, Title I, Part A/LAP Program Supervisors – Bill Paulson, – Jody Hess, – Larry Fazzari, – Mary Jo Johnson, – Penelope Mena, – Nate Marciochi, – LaWonda Smith, Learning Assistance Program Managers – Amy Vaughn, – Jess Lewis, – Justin Young, Title I, Part A/LAP Support Staff – Kevan Saunders, – Julie Chace, – Tony May, – Brandy Johnson, 59