Sample Safety Procedures

 

 

Accident Reporting

 

Weather/Emergency Information

 

General Safety and Health

 

Child Abuse Reporting

 

Child Safety and Supervision

 

Drug-Free Workplace

 

Worker’s Compensation

 

Facilities/Equipment Usage

 

Provider Use of the Emergency Notification System

 

Transportation

 

Attachment:

 

Sample of Supplemental Education Services (SES) - Provider Employee Safe Working

Practices Agreement

 

Accident Reporting

 

School District Requirement: Reporting student injuries (Accident and injury reports) – and

reporting to school facility administrators.

 

In the event of a student injury, the SES provider employee is required to complete a SES

Provider Accident/Injury Report listing the name of the student, the date and time of the incident,

the person supervising the student, whether or not this person witnessed the accident/injury, the

name of the parent/guardian, a detailed description of the incident, whether or not medical

attention was required, the course of action taken, and the name of the person completing the

report. The signatures of the parent/guardian, SES provider supervisor, and the school facility

administrator are required.

Weather/Emergency Information

 

School District Requirement: Collecting CURRENT emergency contact information from

parents at the time of enrollment. There should be at least two alternative contacts for each

student. Provisions should be made for updating information at least once during the duration of

the program.

 

 

30

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At the time of enrollment, the parent/guardian must complete the SES Provider Emergency

Contact Information Form with detailed information for emergency contacts as well as a list of

adults authorized to pick up the student. The SES Provider Emergency Contact Information

Form has space for two parents/guardians and three alternative contacts (such as

grandparents, aunts, uncles, neighbors). The parent/guardian is instructed when they complete

the form to immediately notify the tutor if any updates are to be made. The main office will re-

issue notification cards approximately three weeks after the program begins to collect updated

information. SES provider employee will update the contact form as information becomes

available. Updated information will be entered into the SES tracking information system.

 

School District Requirement: Closings for severe weather/emergencies and monitoring of

emergency weather conditions.

 

In the case of severe weather/emergency closings, the parent/guardian will be notified. If the

school is closed due to weather, tutorial sessions will need to be rescheduled. In the event of a

severe thunderstorm or tornado warning/watch, students are instructed to follow school

procedures if tutorial sessions are in a school. In the event that tutoring services are held in an

alternative public location, students are instructed to go to an interior wall and duck and cover

for safety in a tornado warning. For tornado shelter, use the lowest level of the building, small

interior rooms, inner hallways, bathrooms, or low interior spaces.

 

During in-home tutorial sessions, the parent/guardian is responsible for their child’s

safety.

 

School District Requirement: Communications plan - access to radios, cell phones, bull horns,

whistles, etc. for communicating emergency messages.

 

All public locations where SES provider will provide services are equipped with telephones,

National Oceanic and Atmospheric Administration (NOAA) weather radios, television, or

computer access to receive updated safety information. If telephones are not available in

homes, tutors are required to carry cell phones.

 

In the event of an emergency, parents may call the local office and receive a recorded message

on emergency procedures.

 

For sites with use of an emergency notification system, the provider will follow the district

guidelines for parent notifications.

 

During in-home tutorial sessions, the parent/guardian is responsible for their child’s

safety.

 

 

School District Requirement: Lockdown guidelines

 

SES provider will follow all lockdown procedures in place at the location where tutorial services

are provided.

 

School District Requirement: Evacuation routes and plans

 

SES provider will utilize public facilities with evacuation routes posted. Students will be made

aware of evacuation routes and procedures for exiting the building – having a silent, single file

line with the tutor and standing at a pre-designated spot.

 

31

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During in-home tutorial sessions, the parent/guardian is responsible for their child’s

safety.

 

 

General Safety and Health precautions are utilized per the Occupational Safety and Health

Administration during all tutoring sessions.

 

School District Requirement: Visitor Access Control - use of staff clothing/staff identification

cards to limit access to students.

 

SES provider employee is required to wear badges to identify themselves as SES provider

employees.

 

School District Requirement: Workplace violence

 

Violence in the workplace will not be tolerated. SES provider employees initiating violence will

be subject to immediate termination. In the event of a student or parent initiating violent

behavior, the SES provider employee is to immediately report the incident to both the SES

Provider Area Director and the school administration and SES coordinator so that appropriate

action can be taken to ensure the employee’s safety.

Child Abuse Reporting

 

School District Requirement: Training and Reporting

 

Provider assures district that all staff members, including volunteers, are familiar with and agree

to adhere to child abuse and/or missing children reporting obligations and procedures under

Florida law, including but not limited to, Chapters 39.205 and 937.025, Florida Statutes.

Provider agrees to provide annual training to all its employees regarding mandated reporting of

child abuse and missing children. Provider agrees that all staff members will abide by such laws

in a timely manner.

 

Provider shall submit immediately by facsimile and mail within twenty-four (24) hours an

accident or incident report related to child abuse to district when it becomes aware of

circumstances including, but not limited to: allegations of molestation, child abuse, or missing

children under Provider’s supervision.

 

Child Safety and Supervision

 

School District Requirement: Use of first aid kits

 

For on-site programs, the SES provider site coordinator maintains a first aid kit available during

tutorial sessions. If a child needs minor aid such as a band-aid or an ice pack, he or she is

given the item to apply themselves. For more serious injuries or emergencies, the

parent(s)/guardian(s) are immediately called and emergency personnel if necessary. SES

provider employee does not dispense medications to children without parent approval. In the

case of inhalers and such, SES provider employee will not release the medications to the

student unless the information is documented on the medical release form.

 

During in-home tutorial sessions, the parent/guardian is responsible for their child’s

safety and decisions regarding medical care.

 

 

32

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School District Requirement: Reporting Child Abuse

 

During initial tutor training, tutors are provided with and sign receipt for a copy of the latest

Florida Department of Children and Families document on reporting child abuse. Staff must

understand that if child abuse is suspected, the individual tutor is responsible for immediately

notifying the SES Provider Area Director, the appropriate school personnel, and Child and

Family Services.

 

 

School District Requirement: Releasing children to authorized persons and ensuring child

safety and supervision.

 

At the time of enrollment, the parent/guardian must complete the SES Provider Emergency

Contact Information form with detailed information on whom to contact in case of an emergency

as well as a list of adults authorized to pick up the student.

 

This information is kept with the tutor and available at all times the student is being tutored. The

student will not be released into the custody of any unauthorized person.

 

The SES provider employee is responsible for the students being tutored at all times (with the

exception of in-home tutoring where the parent/guardian is responsible for their child’s safety).

Students should be directly supervised within the tutorial setting. While all students are

encouraged to go to the restroom before the tutorial session begins, in the event that a student

must go to the restroom and a restroom is not located in the classroom, the buddy system must

be employed for a group with more than four students. (This procedure ONLY applies for

students in a school setting. Students in an alternative public location must be supervised at

ALL times).

 

School District Requirement: Providing emergency procedures (providers using the school

facilities should follow district emergency procedures, but alternative locations should develop

their own procedures)

 

The SES provider will utilize the school facilities emergency procedures while in the school

setting. In alternative public locations, SES provider employee will abide by the emergency

procedures already established.

 

During in-home tutorial sessions, the parent/guardian is responsible for their child’s

safety.

 

Drug-Free Workplace

 

School District Requirement: Prohibiting drugs and alcohol

 

At NO time is the use or possession of illegal drugs or alcohol permitted by a student or staff.

Failure to abide by this rule will result in immediate disciplinary action, and in the event of staff,

dismissal. SES provider employees are drug tested in accordance with the county’s

requirements.

 

33

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Worker’s Compensation

 

School District Requirement: Workplace accidents/workman’s compensation

 

In the event of a workplace accident, SES provider employees are to immediately report the

incident to the SES Provider Area Director. The employee will be provided the appropriate

forms to complete so that any medical claims or other Workman’s Compensation issues can be

addressed.

Facilities/Equipment Usage

 

School District Requirement: Use of equipment and supplies

 

SES provider employee provides all necessary supplies to conduct each tutorial session. The

location of the tutorial session will be left just as it was found.

Provider Use of the Emergency Notification System

 

Providers will facilitate messages via the district emergency notification system through the SES

facilitators with exact information that you want to share across the system, and the facilitators

must request permission from each principal. The emergency notification contact at each school

would need to create a "group" of students to receive the message - the group will include those

students enrolled in your program. The Principal must decide who will record and send the

message and how frequently the system can be used. Prior to use of the system, the provider

must submit a proposal to each Principal with the following information:

 

1. Name and contact information

2. Description of information and frequency using the district emergency notification system

3. An agreement to submit the language of a message prior to the call-out for approval

4. The approximate number of students that will be in each group

5. Pending approval: name and contact information of the SES provider employee who will

assist the school with sending the messages. The SES provider employee will submit

the names of students in each group prior to using the system.

 

Transportation

 

Transportation arrangements and costs for students receiving services under an agreement

between the provider and eligible student’s parent/guardian, and the district has no obligations

to provide transportation in connection with the provider’s responsibility to provide services

under an agreement. Neither the district nor parents/guardians shall be charged an additional

fee for transporting students.

 

 

 

 

 

 

 

34

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Supplemental Education Services (SES) - Provider Employee

 

 

Employee Safe Working Practices Agreement

 

 

Employee Name

Social Security #

  

 

Date of Birth

Height

Weight

Blood Type

  

 

FL Driver’s License #

  

  

  

  

 

Current Address

  

  

  

How Long?

Telephone

#

  

    

  

 

Former Address

  

  

How Long?

  

 

  

  

 

Emergency Contact

  

  

  

Telephone #

  

 

Name Relationship

 

 

 

As a condition of employment I,

  

, do hereby agree to

comply

 

  

(Please print full name)

with the following safe working practices:

 

 

1. I agree to follow established company safety procedures.

2. I agree to report any work related accident or injury to my supervisor as soon as it occurs,

but no later than the end of the day in which the incident occurs.

 

3. If I need treatment for a work related injury, I agree to:

 

a. Notify my EMPLOYER of the need for treatment.

 

b. Only go to an EMPLOYER directed physician(s) for necessary treatment.

 

c. On the initial visit hand carry a (Medical Authorization for Treatment form to the

authorized treating facility) or other form required by my company.

 

I understand that failure on my part to follow the above procedures could result in disciplinary action, not

to exclude termination of employment with the SES provider.

 

I also understand that according to Section 440.09(4) of the Florida Workers’ Compensation Law, my

compensation benefits could be reduced for any injury, which occurs because of a failure to follow

established safety procedures.

 

 

  

  

  

Employee Signature Date

  

 

35

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Appendix C:

 

Sample Provider Training Acknowledgement

 

 

36

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Supplemental Educational Services

Provider Employee/Tutor

Training Acknowledgement

 

Name of Provider: ___________________

Name of Employee/Tutor (print or type) ______________________, ___________________

Last First

I have been trained in:

 

 

 

 

 

Place Copy of Security Badge

Here

 

1. Ethical Conduct

2. Child Abuse Reporting

3. Accident/Incident Reporting

4. Confidentiality of Student Information

5. _________ County Emergency Procedures

6. Student Emergency Contact Information

7. Student Daily Dismissal Procedures

8. Student Sign in/Sign Out Procedures

9. Student Attendance Recording

10. The usage of supplies and equipment – I will only use supplies or equipment that belong to the

provider or myself.

11. District Security Clearance (attached a copy of verification)

12. I meet the educational requirement to tutor for this company.

13. The Cayen Computer System:

I attended Cayen Training:

Yes

No Date of Training: ____________________

Request for Cayen access:

  

Yes

No

Level of security requested ________________________

Email ___________________________ Contact Phone Number: _____________________

________________________________ ________________________________

Employee/Tutor Signature Date

 

I verify that the employee/tutor above has been properly trained in the items above. I approve the

above request for Cayen access.

I understand that the employee/tutor will not begin offering services until approve is received from the

SES program office.

________________________________ ________________________________

Provider Representative Date

 

37

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Appendix D

 

 

Assurances Included in Approved Application

 

 

 

 

 

38

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GENERAL ASSURANCES

 

Execution Requirements

 

The assurance pages must contain no revisions, additions, or deletions, and must bear an

original signature of the agency head in blue ink to distinguish it from a copy or facsimile. The

printed name and original signature must match.

 

Assurances signed by officials other than the head of the providing agency must have a letter

signed by the agency head, or documentation citing action of the governing body delegating

authority to the person to sign on behalf of said official.

 

As the duly authorized representative of this applicant, I certify agreement and

compliance with all of the following assurances and conditions:

 

1. Applicant agrees to deliver services at all times in accordance with the terms of this Request

for Applications (RFA), and the information submitted by the applicant in its application. If

the applicant fails to meet these terms, it may be removed from the state-approved list of

SES providers. Applicant understands that the application it submits to FDOE is a legally

binding document and changes cannot be made to the application or to the approved SES

program once FDOE approves the application.

 

2. Applicant agrees to abide by all terms set forth in the contract with the school district,

including the payment schedule, rates, and any facility user fee arranged with the school

district, that complies with 20 U.S. C. Section 1116(e)(3) and (6) of the No Child Left Behind

Act of 2001 or Section 1008.331, Florida Statutes. If the applicant operates multiple sites,

applicant agrees to provide services only at individual sites that meet all criteria

independently.

 

3. Applicant agrees to deliver Supplemental Educational Services in the school districts for

which it is approved and in which it has signed either a contract to provide services or a

letter of intent and the minimum number of students per site set by the provider has been

met in the timeline established by Section 1008.331, Florida Statutes.

   

4. Applicant agrees to abide by ethical business practices, as adopted by the Education

Industry Association in its Code of Professional Conduct and Business Ethics for

Supplemental Educational Services Providers

http://www.educationindustry.org/tier.asp?sid=2 Amended January 8, 2008.

 

5. Applicant agrees to provide auditable documentation of services provided to each student

including, but not limited to enrollment, attendance, and assessments. Applicant will

maintain books and records relating to the provision of SES and amounts charged to school

districts for SES. Books and records, including information stored in databases or other

computer systems, will be maintained by the applicant for a period of five years after the

date of final payment under the school district’s agreement. Books and records required to

be maintained hereunder will be available for review or audit, either on-site or as otherwise

requested by district, state, and federal agencies. Books and records required to be

maintained hereunder will be available for review or audit to agency representatives during

normal business hours with or without notice from district, state, and federal agencies. The

applicant and its representatives will fully cooperate with any such review or audit.

 

 

39

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6. Applicant assures that services are available in locations accessible to individuals with

disabilities to the extent required by Section 504 of the Rehabilitation Act of 1973 (29 U.S.C.

§794) and the Americans with Disabilities Act (42 U.S.C. §§12101 et seq.).

 

7. Applicant assures that additional admission criteria will not be imposed on students other

than those permitted under the No Child Left Behind Act, 20 U.S. C. Section 1116(e).

 

8. Applicant assures that the school districts and FDOE will be notified of any changes in

Tcontact information.

 

9.

Applicant understands that approved SES providers must contract with the individual

districts and abide by all contractual obligations as mutually agreed upon prior to delivering

SES to students.

 

10. Applicant agrees to ensure the confidentiality of all student information as outlined in The

Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99)

and Section 1002.22(2)(b), Florida Statutes (Student records and reports; rights of parents

and students; notification; penalty;--).

 

11. Applicant assures that it will not provide or market attendance or performance incentives to

entice a student or a student's parent prior to the parent choosing a provider. After students

have been enrolled with the applicant, incentives may be awarded to students only for

performance or attendance with a total value not to exceed $50 per student per year.

 

12. Applicant will refrain from altering, completing, or submitting enrollment forms on behalf of a

parent.

 

13. Applicant understands that SES providers may be removed from the list if any false

information or misrepresentation is made in its application, or to school districts, teachers, or

parents.

 

14. Applicant agrees to be responsible for payment of all taxes and fees resulting from payment

from school districts for services.

 

15. Applicant assures that all instruction and content are secular, neutral, and non-ideological.

 

16. Applicant assures that students will be supervised at all times.

 

17. Applicant understands that the enrollment process is the responsibility of the school district.

Applicants are prohibited from altering the district’s enrollment form in any way.

 

18. Applicant agrees that all documents contained in or submitted with the application shall

become the exclusive property of FDOE and may be distributed or displayed in any manner

by the agency.

 

19. Applicant understands that the status as an approved provider is non-transferable and that

sub-contracting for SES is not allowed.

 

20. Applicant agrees that it is an independent entity separate from FDOE and that FDOE is not

obligated to approve an application, provide funds, or endorse any application submitted.

This application does not commit FDOE to pay any costs incurred.

 

40

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21. Applicant agrees to comply with all assurances set forth in this application.

 

22. To the fullest extent permitted by law, the applicant and its organization agree to indemnify,

defend and hold harmless FDOE, the State of Florida, and their respective agents, officers

and employees from and against any and all claims, demands, suits, liabilities, injuries

(personal or bodily), property damage, causes of action, losses, costs, expenses, damages,

or penalties, including without limitation reasonable defense costs and legal fees arising or

resulting from, or occasioned by or in connection with (i) any bodily injury or property

damage resulting or arising from any act or omission to act (whether negligent, willful,

wrongful or otherwise) by the applicant or its organization, its subcontractors, anyone

directly or indirectly employed by them or anyone for whose acts they may be liable; (ii)

failure by the applicant and its organization or its subcontractors to comply with any laws or

regulations applicable to the performance of SES; (iii) the breach of any representation or

assurance provided by the applicant and its organization in this application; or (iv) any act of

infringement of any existing patent or copyright or any unauthorized use of any trade secret.

 

23. Applicant agrees to attend a mandatory three-day NCLB School Choice Leadership Summit

sponsored by FDOE.

 

24. Applicant agrees to the terms and conditions outlined in Rule 6A-1.039, FAC., and Florida

law (Section 1008.331, Florida Statutes) related to SES.

 

I, THE UNDERSIGNED, CERTIFY

that I am an individual authorized to act on behalf of the

organization in submitting this application and assurances and that all of the information

provided herein is true and accurate, to the best of my knowledge. I understand that, if any of

the information contained herein has been misrepresented, that may constitute grounds for

denying the applicant’s request for approval to be placed on the list of approved Supplemental

Educational Services providers or for removal from that same list. I further certify that the

organization will comply with all of the assurances set forth herein. Failure to comply with the

assurances during the school year may result in removal from the state-approved list and

potential ineligibility to re-apply during the following two-year period.

 

____________________________________ _______________________________

Signature of Applicant Date signed

 

____________________________________ _______________________________

Printed Name Name of Agency/Company/Group

 

____________________________________

Title of Signing Agent

 

Note:

1. Printed name and original signature must match.

2. Use blue ink color for original signature.

3. "By”, “for," or initials will not be accepted.

4. Rubber stamp signatures will not be accepted.

 

 

41

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INTERNET STATEMENT OF ASSURANCES

 

Execution Requirements

 

The assurance pages must contain no revisions, additions, or deletions, and must bear an

original signature of the agency head in blue ink to distinguish it from a copy or facsimile. The

printed name and original signature must match.

 

Assurances signed by officials other than the head of the providing agency must have a letter

signed by the agency head, or documentation citing action of the governing body delegating

authority to the person to sign on behalf of said official.

 

The Internet is an electronic network connecting thousands of computer networks and millions

of individual subscribers all over the world. Access to the Internet will allow students to explore

the rich resources of thousands of university libraries, governmental databases, and other on-

line sources while exchanging electronic mail with Internet users throughout the world.

However, use of the Internet, because it may lead to any publicly available fileserver in the

world, may open classrooms to electronic information resources that have not been screened by

educators for use by students. Some items accessible via the Internet may contain material that

is inaccurate, defamatory, or offensive.

The following guidelines define appropriate use of the Internet.

1. Transmitting any material in violation of any U.S. or state regulation or school board policy is

prohibited. This includes, but is not limited to, copyrighted material and threatening or

obscene material.

2. All content transmitted via e-mail or the Internet shall be secular, neutral, and non-

ideological.

3. Applicants providing on-line instruction agree to ensure the safety of all students while

accessing the internet. It is the responsibility of the applicant to block all unsafe web

content.

4. Hate mail, harassment, discriminatory remarks, and other antisocial behaviors are

unacceptable in Internet and other network communication.

5. All information accessible via the Internet should be assumed to be private property and

subject to copyright protection. Internet sources should be credited appropriately, as with

the use of any copyrighted material.

6. Applicant has a responsibility to respect the privacy and property of students. Applicant

should not intentionally seek information about, obtain copies of, or modify, files, data, or

passwords of other users.

7. For the safety of students, applicant must not request or provide any personal information,

such as addresses, phone numbers, or photographs.

8. Applicant should not expect that files are private. State and school district representatives,

including school administrators, as well as parents, may review files and communications at

any time to ensure that the network is being used responsibly. Applicant must gain written

parental permission before communicating with students under the age of 13 via e-mail or

the Internet.

9. Applicant has a responsibility to protect the student users from marketing and Spam.

10. Applicants shall ensure that all computer equipment provided to a student by the applicant is

returned to the applicant upon completion of SES. If students will be using a school

computer to access information from an applicant, the applicant must abide by all school

and school district policies and procedures regarding computer/Internet use.

 

42

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I, the undersigned, agree

 

that all tutors/instructors employed by this organization will be

notified of all guidelines regarding appropriate use of the Internet and that as a condition of

employment with the provider, all employees who will provide SES shall agree to comply with

the guidelines. Failure to comply with the assurances during the school year may result in

removal from the state-approved list and potential ineligibility to re-apply during the following

two-year period.

 

 

____________________________________ _______________________________

Signature of Applicant Date signed

 

____________________________________ _______________________________

Printed Name Name of Agency/Company/Group

 

____________________________________

Title of Signing Agent

 

Note:

1. Printed name and original signature must match.

2. Use blue ink for original signature.

3. "By", "for," or initials will not be accepted.

4. Rubber stamp signatures will not be accepted.

 

43

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Appendix E

 

Sample Letter Notifying Providers of Contract Termination

 

44

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Date

 

Name of SES provider

Address

 

RE: School Board of

Sunshine

County Title I Supplemental Education Services

Contract

 

This is your 20-day notification that following an investigation by _______________, an

appointee of the Superintendent, a recommendation will be made to terminate for cause the

Sunshine

County School Board Title I Supplemental Education Services Contract with

_______________ SES provider name). The recommendation will be placed on the School

Board Agenda for consideration on ______ (date) at ____ a.m/p.m. The Board Meeting will be

held at _______________ (address). You or your authorized representatives are invited to

attend this meeting and will be presented with the opportunity to address the School Board on

as well as submit written documentation to the Board prior to the meeting. In the interest of the

safety and well-being of our students, effective immediately, you are to perform no further work

on this contract.

 

The following reasons for the recommendation of termination are:

 

1. Fingerprint/Background Checks (as outlined on page _ of _ in compliance with the

Jessica Lunsford Act) for tutors assigned to the school sites have not been completed.

2. Student Learning Plans (as defined on page __ of __) were not submitted or do not

include required information. The District assigned ___ students to the Provider on

__________ (date). As of October 15, 2____, ____ Student Learning Plans have not

been submitted, ___ were submitted and approved, _____ were submitted and denied

___are submitted and pending. The Student Learning Plan must be signed by all

parties before services can begin and the Provider made insufficient efforts to obtain all

required signatures (reference Timelines for Initiation of Services and Initiating Billing

reference page __of__).

3. The provider has not completed transportation arrangements. This creates a safety

concern.

4. The provider has not secured facility arrangements or clarified supervision of students

with participating schools. This creates an additional safety concern.

5. The provider has violated the EIA SES Provider Code of Ethics in the following manner:

______________________________________________________________________

__________________________________________________________

6. Other:

______________________________________________________________________

______________________________________________________________________

____________________________________________________

 

 

Sincerely,

______________________

Director of Federal Programs

 

 

45

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Appendix F

 

Sample School District Code of Professional Conduct and Ethics Regarding

 

Supplemental Educational Services

 

 

 

 

 

 

46

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SAMPLE SCHOOL DISTRICT CODE OF PROFESSIONAL CONDUCT AND ETHICS

REGARDING SUPPLEMENTAL EDUCATIONAL SERVICES

 

 

Please be reminded that school district employees must adhere to the following District

Code of Professional Conduct and Ethics regarding Supplemental Educational Services

(SES):

 

•

 

District employees

shall not

accept payments or other compensation from SES

providers in exchange for providing access to facilities, providing student lists,

assisting with marketing or student recruitment, promoting enrollment in a specific

provider’s program.

•

 

District employees

shall not

provide SES providers with a list of students eligible to

receive services, as this information would identify a student as eligible for Free and

unch, which is in violation of the Family Educational Rights and Privacy Act

Reduced L

(FERPA).

•

 

District employees in the capacity of principal, assistant principal, school or district

administrator or SES coordinator

shall not

work for an SES provider.

•

 

District employees

shall not

be hired by an SES provider for any purpose other

than instruction-related services (Tutor) or program coordination (Lead Tutor).

•

 

District employees

shall not

offer a parent or student any form of incentive for

signing-up with a specific provider.

•

 

District employees

shall not

distribute or send home, via backpack or mail, the school

district SES Enrollment Form that has a provider’s name preprinted as part of the

a specific SES program.

form or flyers endorsing

•

 

District employees

shall not

market or promote the services of the provider they work for

r general information about SES tutoring services and

   

to parents or students.

•

 

District employees may offe

factual, non-biased information about provider’s programs if the information is

requested by the parent.

•

 

District employees

shall not

modify any SES enrollment form completed by a

parent.

_____________________________________________________________

 

_______

y signing this form I acknowledge that I have received and read the school district Code of

__________________________________ Date: _______________________

Employee Name

 

 

 

 

ACKNOWLEDGEMENT OF RECEIPT OF SCHOOL DISTRICT CODE OF

PROFESSIONAL CONDUCT AND ETHICS REGARDING SES

 

B

Professional Conduct and Ethics regarding SES and I agree to comply with these requirements.

 

 

_

  

 

47

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Appendix G

Sample Handout for SES Tutors 2008-2009

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

48

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Sample Handout for SES Tutors 2008-2009

¾

 

Advertising

ƒ

  

District employees cannot promote one SES provider over another during the hours when the District

employee is working for the District.

ƒ

  

Once students are signed up with an SES provider, tutors or provider employees cannot encourage them to

change to another SES provider.

 

¾

 

Enrollment Forms

ƒ

  

ONLY parents/guardians may complete information on the enrollment forms. Teachers/Tutors cannot select

the company for the parent/guardian or complete any other part of the form.

 

¾

 

Student Learning Plan

ƒ

  

SLP must be signed by parent, provider and district BEFORE student begins tutoring.

ƒ

  

SLP should contain three to five goals. If all goals are completed, a new SLP should be signed between

parent, provider, and district.

ƒ

  

Individualized tutoring – tutoring must be based on the skills indicated on the SLP that the student needs to

work on. These skills are different for each student so individualized or small group tutoring should be

taking place at all times.

 

¾

 

Attendance

ƒ

  

MONTHLY attendance sheets must be used – see example

ƒ

  

Student attendance must be entered in the computer every two weeks by you or your company.

ƒ

  

Times must be included on the attendance sheet.

ƒ

  

Attendance times only include the actual tutoring time.

•

 

Start Time - the time the student starts tutoring for that day (if the tutor shows up late or if a child comes

late, then the start time should show the time the student actually begins tutoring)

•

 

End Time - the time the tutoring ends (if the parent picks the student up early, then the pick up time

should be recorded at the time the student ends tutoring)

 

¾

 

Quality of Tutoring

ƒ

  

District is paying $40 to $80 per student per hour. The tutoring time should not include breaks longer than

five minutes, homework help, time for the tutor to do paperwork, conference with parents, etc. These duties

must be done outside of the tutoring time.

 

¾

 

Control of Students

ƒ

  

Tutor should be aware of provider procedures for handling and/or removing disruptive students.

ƒ

  

Tutor must escort all students to the proper care giver or approved means of transportation at the end of

each tutoring session.

ƒ

  

Tutor must check the ID of the person picking up the child to make sure it matches an individual allowed to

care for that child if the person is unknown to the tutor.

 

¾

 

Progress Reports

ƒ

  

District requires a progress report on each student to be completed at the end of each month.

ƒ

  

Provider must regularly notify each student’s parents and teachers of the student’s progress.

ƒ

  

All Progress Reports shall contain:

•

 

Student’s name

•

 

School

•

 

Homeroom teacher

•

 

The goal(s) the student is working towards

•

 

The percentage of each tutoring goal accomplished as evidenced by tutoring work completed.

•

 

The student’s level of attendance

•

 

The student’s level of participation

 

 

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¾

 

Communication

ƒ

  

If a child is absent two or more days, the tutor must contact the parent prior to the next tutoring session. If

contact cannot be made, the provider should notify the district.

ƒ

  

The tutor must contact the company to make sure you have the correct forms, tutoring materials and supplies

have been provided.

ƒ

  

The company should train tutors use the materials and complete the forms BEFORE you begin tutoring.

ƒ

  

Any problems with pay should be addressed with the company.

ƒ

  

Do not contact the principal regarding problems with the tutoring company. Please contact the SES district

coordinator ___________ at ____________ if needed.

 

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Appendix H

 

Section 1008.331, Florida Statutes

 

Supplemental Educational Services in Title I Schools;

 

School District and Provider Responsibilities

 

51

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Section 1008.331, Florida Statutes - Supplemental Educational Services in Title I schools;

school district and provider responsibilities.

--

(1) INCENTIVES.--A provider or school district may not provide incentives to entice a student or

a student's parent to choose a provider. After a provider has been chosen, the student may be

awarded incentives for performance or attendance, the total value of which may not exceed $50

per student per year.

(2) RESPONSIBILITIES OF SCHOOL DISTRICT AND PROVIDER.—

(a) School districts must create a streamlined parent enrollment and provider selection process

for Supplemental Educational Services and ensure that the process enables eligible students to

begin receiving Supplemental Educational Services no later than October 15 of each school

year.

(b) Supplemental Educational Services enrollment forms must be made freely available to the

parents of eligible students and providers both prior to and after the start of the school year.

(c) School districts must provide notification to parents of students eligible to receive

Supplemental Educational Services prior to and after the start of the school year. Notification

shall include contact information for state-approved providers as well as the enrollment form,

clear instructions, and timeline for the selection of providers and commencement of services.

(d) State-approved Supplemental Educational Services providers must be able to provide

services to eligible students no later than October 15 of each school year contingent upon their

receipt of their district-approved student enrollment lists at least 20 days prior to the start date.

(e) In the event that the contract with a state-approved provider is signed less than 20 days

prior to October 15, the provider shall be afforded no less than 20 days from the date the

contract was executed to begin delivering services.

(f) A school district must hold open student enrollment for Supplemental Educational Services

unless or until it has obtained a written election to receive or reject services from parents in

accordance with paragraph (3)(a).

(g) School districts, using the same policies applied to other organizations that have access to

school sites, shall provide access to school facilities to providers that wish to use these sites for

Supplemental Educational Services.

(3) COMPLIANCE; PENALTIES FOR NONCOMPLIANCE.--

(a) Compliance is met when the school district has obtained evidence of reception or rejection

of services from the parents of at least a majority of the students receiving free or reduced-price

lunch in Title I schools that are eligible for parental choice of transportation or Supplemental

Educational Services unless a waiver is granted by the State Board of Education. A waiver shall

only be granted if there is clear and convincing evidence of the district's efforts to secure

evidence of the parent's decision. Requirements for parental election to receive Supplemental

 

52

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Educational Services shall not exceed the election requirements for the free and reduced-price

lunch program.

(b) A provider must be able to deliver Supplemental Educational Services to school districts in

which the provider is approved by the state. If a state-approved provider withdraws from offering

services to students in a school district in which it is approved and in which it has signed either a

contract to provide services or a letter of intent and the minimums per site set by the provider

have been met, the school district must report the provider to the department. The provider shall

be immediately removed from the state-approved list for the current school year for that school

district. Upon the second such withdrawal in any school district, the provider shall be ineligible to

provide services in the state the following year.

(4) REALLOCATION OF FUNDS.--If a school district has not spent the required Supplemental

Educational Services set-aside funding, the district may apply to the Department of Education

after January 1 for authorization to reallocate the funds. If the Commissioner of Education does

not approve the reallocation of funds, the district may appeal to the State Board of Education.

The State Board of Education must consider the appeal within 60 days of its receipt, and the

decision of the state board shall be final.

(5) RULES.--The State Board of Education may adopt rules pursuant to ss. 120.536(1) and

120.54 to implement the provisions of this section and may enforce the provisions of this section

pursuant to s. 1008.32.

 

 

 

 

 

 

 

 

53

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Appendix I

 

Sample Written Contractual Agreement between School Districts and

 

State-Approved Supplemental Educational Services Provider

 

54

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THE SCHOOL BOARD OF ____________ COUNTY

TITLE I SUPPLEMENTAL EDUCATIONAL SERVICES CONTRACT

 

THIS SUPPLEMENTAL EDUCATIONAL SERVICES PROVIDER AGREEMENT

(“Contract”) is made and

 

entered into this ______ day of __________ 20__, between The

School Board of ___________County (hereinafter referred to as the “DISTRICT”), and

 

Name of State-Approved SES Provider:

Contact Address:

City, Zip, State:

 

Supplemental Educational Services Provider (hereinafter referred to as the “PROVIDER”) for

the purpose of providing Supplemental Educational Services (SES) to eligible students.

 

RECITALS

 

WHEREAS,

DISTRICT is authorized by state and federal law to enter into an agreement with

the state-approved Supplemental Educational Services PROVIDERS for the aforementioned

purpose.

 

WHEREAS

, PROVIDER is specially trained, experienced and competent to perform the SES

required by DISTRICT, and such services are needed on a limited basis; and

 

WHEREAS

, No Child Left Behind Act, 20 U.S.C. Section 6316(e) outlines the requirements for

Supplemental Educational Services; and

 

WHEREAS,

PROVIDER has been approved by the State of Florida Department of Education

and has met the qualifications to be certified as a Supplemental Educational Services

PROVIDER; and

 

WHEREAS,

PROVIDER is willing to provide such services to DISTRICT’s eligible students if

selected by the parent/guardian of eligible students; and

 

WHEREAS,

PROVIDER is financially sound and otherwise capable of fulfilling its requirements

to the DISTRICT, students and parents during the term of this Contract.

 

DEFINITIONS

 

•

 

SES Eligible Student

– students from low-income families, as determined by the school

district, who are attending a Title I funded school that is in year two or beyond of school

improvement, corrective action, or restructuring.

•

 

Student Learning Plan (SLP)

- NCLB requires each school district to enter into an

agreement with the state-approved provider selected by a parent. This agreement is

recognized in Florida as the SLP and must be developed in consultation with the

student’s parents and the provider. The plan must include a statement of specific

achievement goals for the student, how the student’s progress will be measured, and a

timetable for improving achievement that, in the case of a student with disabilities, is

consistent with the student’s Individualized Education Program (IEP) under Individuals

with Disabilities Education Act (IDEA) or the student’s section 504 plan. The SLP must

 

55

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also describe how the student’s parents and teachers will be regularly informed of the

student’s progress.

•

 

Parent/Guardian

– For the purpose of this contract, a parent is the natural or adoptive

parent, legal guardian, or surrogate parent as indicated by the judicial system.

 

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED

HEREIN

, it is agreed between the parties as follows:

 

1. TERM

 

This contract shall become effective upon full execution of the contract by both parties

and shall remain in force until _______________,20__.

 

2. DISTRICT OBLIGATIONS

 

The DISTRICT must:

 

A. ASSIST PARENTS

 

DISTRICT shall assist parents, if requested by them, in obtaining additional information

regarding state-approved SES PROVIDERs that are available to serve their child(ren);

 

B. STUDENT ENROLLMENT FORM

DISTRICT shall make available to PARENTS and PROVIDER a copy of the Student

Enrollment Form both before and during the school year. PROVIDER shall not complete

the Student Enrollment Form. It is the PARENT’S sole responsibility to complete the

Student Enrollment Form.

 

 

C. PROVIDE STUDENT CONTACT INFORMATION

  

Once a parent selects a PROVIDER for their child(ren) and after the contract with the

DISTRTICT is signed, the DISTRICT must notify the PROVIDER within 20 school days

after the close of each enrollment period of the student’s name, school, and address and

telephone of record, and allow the PROVIDER to initiate contact with the student’s

parents for the provision of SES. To ensure SES PROVIDERs have access to correct

student contact information, the DISTRICT has to maintain an updated student contact

list.

 

 

D. PROVIDE STUDENT ACADEMIC AND PERFORMANCE INFORMATION

Once a PROVIDER has been notified the DISTRICT shall immediately make available to

PROVIDER all appropriate student academic performance and benchmarking

information (including pervious year’s Florida Comprehensive Assessment Test (FCAT)

scores, Dynamic Indicators of Basic Early Literacy Skills (DIBELS), results of formative

benchmark assessments, etc.) that will assist PROVIDER to effectively develop the SLP

and begin services to the student in a timely fashion.

 

E. PAY PROVIDER

I. ACTUAL SERVICE

DISTRICT agrees to pay the PROVIDER for educational services provided in

compliance with the PROVIDER’S state-approved application. PROVIDER may

not charge DISTRICT for students who do not attend tutoring session as

scheduled. Services beyond the Supplemental Educational Services consistent

with the state approved application, including, but not limited to, assessing

 

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students, development of Student Learning Plan (SLP), homework help,

transportation and/or provision of facilities, are not eligible to be invoiced by the

PROVIDER and will not be paid by DISTRICT.

 

II. PRE-MEETING FEE

DISTRICT shall pay provider a set fee per tutoring session per student. For the

2008-2009 school year, this per-student fee shall be $ __________. DISTRICT

shall process payments to PROVIDERS within _____calendar days of receipt of

invoice.

 

I. AGGREGATE FEE

The total amount the DISTRICT will pay the PROVIDER for SES during 2008-

2009 school year shall be the lesser of: (1) the costs of the services provided; or

(2) $ _____ , which is the district’s per-pupil Title I allocation. DISTRICT will not

pay more than the per pupil allocation amount as determined and published be

the Florida Department of Education.

 

II. SATISFACTORY SERVICES

The DISTRICT is not obligated to pay for unsatisfactory services, provided that

the DISTRICT shall give the PROVIDER at least 30 days written notice of its

dissatisfaction and offer the provider the opportunity to improve. If the provider

improves its services to the district’s satisfaction within that 30-day period, there

shall be no interruption in payment.

 

 

F. INFORM PROVIDER OF DISTRICT POLICIES AND TRAINING ON USE OF

DISTRICT SES SOFTWARE

Agree to make available to PROVIDER (in a timely fashion) clearly written information of

all DISTRICT policies related to SES and the features and proper use of all DISTRICT

SES software.

 

3. PROVIDER OBLIGATIONS

 

The PROVIDER must:

 

A. MEETINGS

DISTRICT may conduct an Annual Provider Meeting or a Technical Assistance Meeting

and will notify PROVIDER of the meeting times and dates no later than 10 business

days prior to the meeting. PROVIDER must attend the Annual Provider Meeting (if held

by DISTRICT) to discuss PROVIDER obligations if PROVIDER did not provide SES to

students in DISTRICT in 20__-20__, or if PROVIDER did not attend the DISTRICT

Technical Assistance Meeting at the end of the 20__-20__ school year. Due to

extenuating circumstances (illness or extreme weather) in lieu of the annual PROVIDER

meeting, PROVIDER may schedule an individual meeting with DISTRICT SES Program

Specialist within seven (7) days after the Annual Provider Meeting.

 

B. INSURANCE

PROVIDER will obtain and maintain insurance. At the time of executing this Agreement,

PROVIDER shall furnish a certificate of insurance naming the School Board of

___________County, Florida as a certificate holder and additional insured.

 

 

57

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Certificates of coverage shall include adequate information to determine adequacy of

coverage, including, but not limited to:

 

1. Confirmation of deductibles for each policy and coverage.

2. Copy of additional insured endorsement.

3.

Copy of the endorsement providing thirty (30) day notice to the DISTRICT

for cancellation, non-renewal or major coverage change.

4.

Copy of endorsement providing waiver of subrogation.

 

In the event PROVIDER pays insurance premiums more frequently than annually,

PROVIDER shall promptly upon the making of each premium payment provide evidence

thereof to DISTRICT.

 

All insurance policies shall be insured with insurers qualified to do business in Florida.

 

All policies (except Worker’s Compensations and Employee Liability) shall provide the

following endorsements:

 

A. The School Board of ___________County, Florida as an additional insured

utilizing the following language: The School Board of ____________County,

Florida, including all current, former, and future Board members, employees,

volunteers, and agents.

B. A thirty (30) day notice to the DISTRICT for cancellation, non-renewal or major

coverage change.

 

A waiver of subrogation should be included on the General Liability policy as well as the

Worker’s Compensation policy.

 

PROVIDER insurance requirements:

 

A. Commercial General Liability Coverage (Coverage shall include bodily injury,

property damage, personal injury, contractual liability, sexual abuse and

molestation coverage)

Limits: $ ___________________________

B. Worker Compensation Insurance (If a provider is entreating board premises for

services, a waiver of subrogation must be provided.)

Limits: $ ___________________________

C. Auto Liability (if the provider is transporting students)

Limits: $ ____________________________

D. Error and Omissions (The provider agrees to continue insurance coverage for 24

months after cancellation/termination of this Agreement.)

Limits: $ _____________________________

 

C. PROHIBITION OF DISCLOSURE

PROVIDER must not disclose to the public the identity of any student eligible for, or

receiving Supplemental Educational Services without the written permission of the

parent/guardian of such student.

 

D. PROHIBITION OF DEFAMING DISTRICT

PROVIDER must not defame the DISTRICT in any way or at any time, including but not

limited to recruiting, advertising, presentations, publications, and parent conferences.

 

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E. EQUAL OPPORTUNITY

PROVIDER shall not discriminate on the basis of race, color, religion, sex, age, national

origin, marital status or qualified disability in its employment practices or operation of its

programs.

 

F. MARKETING REQUIREMENTS

All marketing materials must be reviewed and approved by __________ (name),

__________ (title), prior to distribution. All marketing materials distributed to parents

must include the following:

•

 

“In order for your child to be eligible for free tutoring, your child must

attend a Title I School in its second year of school improvement AND be

eligible for Free or Reduced Price Lunch for the 2008-2009 school year.”

 

 

In addition PROVIDER may list the eligible SES schools where PROVIDER will be

providing SES.

 

Failure to comply with all marketing requirements will result in this contract becoming

null and void. DISTRICT must notify PROVIDER of either approval or disapproval of

marketing materials no later than ten days from receipt by DISTRICT.

 

G. PROVIDER EMPLOYEES

PROVIDER must ensure that all tutorial staff:

 

I. QUALIFICATIONS

Meet the minimum qualifications for Title I paraprofessionals, as

specified in the PROVIDER application.

 

II. CODE OF ETHICS

 

All teachers who are employed by PROVIDER remain subject to the

Code of Ethics of the Education Profession in Florida. PROVIDERS

may not request that teachers engage in any activity that is not

permitted under the Code of Ethics of the Education Profession in

Florida.

 

Recruitment of students on behalf of PROVIDER by DISTRICT

employees is strictly prohibited. DISTRICT employees shall not be

offered incentives and bonuses for recruiting students for the

PROVIDER.

 

As reflected in the Assurances Section of the PROVIDER’S state

application, PROVIDER agrees to adhere to the SES Provider Code of

Ethics of the Education Industry Association (EIA) as revised January 8,

2008, a copy of which is attached to this agreement.

 

III. CONFLICT OF INTEREST

PROVIDER agrees to furnish to DISTRICT a valid copy of the

PROVIDER’S partnership agreement if PROVIDER is a partnership or

the Articles of Incorporation if PROVIDER is a corporation and a

complete and accurate list of the members of the governing body of the

legal entity. PROVIDER shall avoid any actual or potential conflict of

 

59

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interest on behalf of itself or its employees providing services

hereunder, including, but not limited to, DISTRICT employee policies.

 

IV. CONDUCT OF PROVIDER EMPLOYEES

 

All employees of PROVIDER are to be dressed in a manner appropriate

to teaching young students and conduct themselves as is appropriate

for a person supervising children.

 

V. FINGERPRINT/BACKGROUND CHECK

PROVIDER agrees that as a condition of entering into this contract,

pursuant to § 1012.32 and § 1012.465, Florida Statutes, any person

entering school grounds or having direct contact with students on behalf

of PROVIDER must meet Level 2 screening requirements as described

in § 1012.32, Florida Statutes. Screening will be at PROVIDER’S or

employee’s expense and must be completed and credentials issued by

the DISTRICT prior to the screened individual having access to

students or to the school grounds. The DISTRICT reserves the right to

prohibit any employee of PROVIDER from having contact with students

on DISTRICT property if the DISTRICT has reason to believe that the

safety or health of the students might be in jeopardy.

 

PROVIDER employees already listed in the Vendor Clearance

Database and existing DISTRICT employees will not need to be re-

fingerprinted as they are already in the background clearance database.

If PROVIDER hires a DISTRICT employee or someone already listed

on the Vendor Clearance Database, they will need to submit the name

of the employee to ______________ (name), __________________

(title), for verification of clearance.

 

  

PROVIDERS shall keep a current list of all employees updated in the

DISTRICT SES software and e-mail the DISTRICT’S program specialist

if any changes are made to employee list.

 

  

VI. ID BADGES

All PROVIDER employees must wear DISTRICT ID badges with the

employee’s name and picture prominently displayed at all times while

on DISTRICT property.

 

VII. TUTOR TRAINING

PROVIDER must submit the Tutor Training Log to the DISTRICT SES

Program Specialist prior to allowing a tutor to provide tutoring to any

student(s). The PROVIDER must sign the Tutor Training Log verifying

that all tutors have been trained in the procedures listed below and has

received the appropriate tutoring materials necessary to implement the

PROVIDER’S SES program as documented on the PROVIDER’S state

approved application. The Tutor Training Log must then be submitted

to the DISTRICT so the DISTRICT can verify that the trained tutor has

been cleared through a Level II Background Check. Upon such

verification, the DISTRICT will then approve the tutor to begin tutoring.

If a tutor begins tutoring prior to DISTRICT approval, the tutoring time

will not be paid for by DISTRICT.

 

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The PROVIDER must train the tutor in the administration of the

PROVIDER’S SES program, DISTRICT SES procedures (which shall

be made available to provider at Annual Provider Meeting or Technical

Assistance Meeting), and PROVIDER procedures. The training must

also include, but shall not be limited to, the following:

 

1. ACCIDENT/INCIDENT REPORT

PROVIDER must train all tutoring personnel in appropriate

procedures for handling and reporting accidents or incidences

when a pupil has suffered an injury, injured another individual or

has been involved in an activity requiring notification of law

enforcement or emergency personnel.

 

2. CHILD ABUSE REPORTING

PROVIDER assures DISTRICT that all staff members, including

volunteers, are familiar with and agree to adhere to child abuse

and/or missing children reporting obligations and procedures

under Florida law, including but not limited to, Florida Statutes

39.201. PROVIDER agrees to provide annual training to all its

employees regarding mandated reporting of child abuse and

missing children. PROVIDER agrees that all staff members will

abide by such laws in a timely manner.

 

PROVIDER shall submit immediately by facsimile and mail, within

twenty-four (24) hours, an accident or incident report to

appropriate authorities with a copy to the DISTRICT when it

becomes aware of circumstances including, but not limited to

allegations of molestation, child abuse, or missing children under

PROVIDER’S supervision.

 

VIII. EMPLOYEE BENEFITS

PROVIDER represents and warrants to DISTRICT that it will withhold

income tax and social security tax for its employees and will maintain

worker’s compensation insurance for each employee.

 

  

PROVIDER understands that its employees will not participate in any

employee benefit provided by the DISTRICT during hours of

employment by PROVIDER.

 

IX. INDEPENDENT CONTRACTOR

The PROVIDER is, for all purposes arising under this Agreement, an

independent contractor. The PROVIDER and its officers, agents or

employees may not, under any circumstances, hold themselves out to

anyone as being officers, agents or employees of the DISTRICT. No

officer, agent or employee of the PROVIDER or DISTRICT shall be

deemed an officer, agent or employee of the other party. Neither the

PROVIDER nor the DISTRICT nor any officer, agent or employee

thereof, shall be entitled to any benefits to which employees of the other

party are entitled, including, but not limited to, overtime, retirement

 

61

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benefits, workers’ compensation benefits, injury leave, or other leave

benefits.

 

H. SES SOFTWARE

PROVIDER agrees to utilize DISTRICT’S SES software to print MONTHLY

attendance rosters, document tutoring locations, develop the Student Learning Plan,

record attendance, and print and submit invoices. PROVIDER agrees to keep the

DISTRICT’S SES software up to date within two weeks of services rendered.

DISTRICT agrees to provide adequate training to PROVIDER in the features and

use of DISTRICT’S SES software. As long as the DISTRICT’S SES software is

functioning properly, any PROVIDER support calls to the SES software company

over two hours per contract year will be at PROVIDER cost at $______/hour. This

cost will be clearly documented and deducted from PROVIDER’S invoices.

 

I. STUDENT LEARNING PLAN (SLP)

A Student Learning Plan (SLP) shall be developed by PROVIDER in consultation

with parent/guardian and DISTRICT for each eligible student whose parent/guardian

elects to receive SES from PROVIDER. This SLP must be based on academic

performance data and/or a thorough assessment conducted by the state-approved

SES PROVIDER. PROVIDER must clearly state the level of the student prior to the

start of SES. The goals set forth in the SLP must address specific deficiencies of the

student. Each goal must state the timetable for improving the student’s performance,

the specific, measurable goal that the student will be working towards and the

measure of growth that the student will achieve. All goals must be related to the

Sunshine State Standards and be consistent with the student’s IEP (if applicable).

PROVIDER shall submit no more than five (5) but at least three (3) goals on each

student’s SLP. PROVIDER agrees to submit MONTHLY student’s progress to the

district/teachers and make students aware of their progress. The SLP shall also

contain the description of how the parent and student’s teacher will be informed

monthly of the student’s progress. The SLP must be signed by the parent, the

PROVIDER, and the DISTRICT before tutoring services may begin. PROVIDER

agrees to make three (3) documented attempts to obtain parent’s signature on the

SLP or provide parent consultation, after which time, if the DISTRICT has approved

the SLP, it will be considered approved by all parties.

 

  

Changes in any student’s SLP may only be made with the written consent of

DISTRICT in consultation with parent/guardian. PROVIDER, DISTRICT or the

parent/guardian may request a review of a student’s SLP. PROVIDER shall not

unilaterally terminate any SLP. PROVIDER shall obtain written authorization from

DISTRICT before terminating any SLP. A student’s SLP shall terminate if the

student ceases to be enrolled in DISTRICT.

 

Parent/guardian shall not be charged for any services rendered under the SLP

unless such services and charges are clearly identified in writing

as a separate

contract (independent of this contract)

, agreed upon in advance and signed by the

parents/guardian.

In no event shall the agreed upon charges obligate DISTRICT

financially, nor shall DISTRICT incur any obligations or expense in excess of the

state/federal reimbursement amount as determined and published by the Florida

Department of Education.

 

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J. SUPPLIES, EQUIPMENT, AND FACILITIES

PROVIDER shall be solely responsible for the provision of all appropriate

educational materials, supplies, equipment, and facilities for a pupil as outlined in the

PROVIDER’S state approved application and required in the pupil’s SLP. A

PROVIDER who desires to use DISTRICT'S facilities must make a separate

application for use of facilities through DISTRICT’S Rental of Facilities Agreement,

which outlines facilities use and fees. DISTRICT may deny an applicant’s request

provided such denial is based upon clearly stated DISTRICT policy that is uniformly

enforced for all similar groups requesting use of DISTRICT facilities. DISTRICT

facilities may not be available during non-student days. PROVIDERS using

DISTRICT’S facilities will not have access to the DISTRICT’S computers, supplies,

or equipment. All tutoring sites must be maintained in a clean and safe condition and

be located in an area that is safe and secure.

 

PROVIDERS who are permitted to use DISTRICT’S facilities shall submit the

following at ______ days prior to intended use of facility: the completed Rental of

Facilities Agreement, a check representing a fully refundable rental deposit in the

amount of $_________ made out to The School Board of _________ County, and a

separate check made out to the school for the damage deposit. All Rental of

Facilities Agreements and checks should be turned in to the SES coordinator. If

PROVIDER does not submit the completed form and deposit payment ______ days

prior to the intended use of the facility, DISTRICT will notify PROVIDER in writing

that the Rental of Facilities request will be denied and the PROVIDER will not be

allowed to use the facility. The DISTRICT shall deliver revisions to PROVIDER once

they are effective. One average size classroom may be used to tutor no more than

10 students at any one time. If PROVIDER does not receive adequate sign-ups to

use the facilities, DISTRICT will refund the unused portion of PROVIDER’S deposit

in full.

 

 

If the PROVIDER is permitted to use a DISTRICT school, the PROVIDER must

inform the principal’s designee immediately upon arriving on the campus and just

before vacating the campus for each tutoring session.

 

K. STUDENT RECORDS

All student records shall be kept in a secure location preventing access by

unauthorized individuals. PROVIDER will maintain

an access log delineating date,

time, agency, and identity of any individual accessing student records

who is not in

the direct employ of PROVIDER.

 

PROVIDER agrees to provide access to and copies of student records to DISTRICT

and/or the parent/guardian of DISTRICT’S student. PROVIDER shall not forward to

any person other than parents/guardians, any student record without the written

consent of the parent/guardian or DISTRICT.

 

PROVIDER shall maintain a monthly student sign-in sheet. The student sign-in

sheet should include the name of each student, name of PROVIDER, the employee

who rendered the service, the amount of time of such service, and the student’s

signature or parent’s signature for each session attended. PROVIDER is paid only

for sessions students attend. All records of attendance shall be maintained on the

 

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DISTRICT’S SES software and must be kept up to date within two weeks of the

tutoring sessions.

 

If a parent requests that the PROVIDER withdraw a student from the program, the

PROVIDER should notify the DISTRICT in writing through the DISTRICT’S SES

software program stating the reason(s) for the request.

 

If a student fails to attend two consecutive tutoring sessions, the PROVIDER must

contact the parent prior to the next tutoring session. If PROVIDER is unable to

contact the parent after three attempts, the PROVIDER should notify the DISTRICT

immediately.

 

If PROVIDER determines that a student is not going to be able to be tutored in

compliance with the terms set forth in the SLP, the PROVIDER must initiate a

revision of the SLP and receive written approval from the parent and the DISTRICT.

 

  

I. ATTENDANCE ROSTERS

The

MONTHLY

Attendance Roster should include the name of each student,

name of PROVIDER, the employee who rendered the service, and the start

time and end time of such service. The parent or authorized supervising

adult taking charge of the student after the tutoring session must sign their full

name on the attendance sheet at the end of each session the student

attends. A student signature will only be accepted in the event that the

PROVIDER has received written notice from the parent that the student is to

walk home. The person signing should also note the time the student is

being signed out of the PROVIDER’S care. The student’s tutor should sign

the bottom of each attendance record verifying that all data recorded on the

Attendance Roster is complete and accurate. All records of attendance shall

be maintained on the DISTRICT’S SES software and must be kept up to date

within two weeks of the tutoring sessions.

 

II. PROGRESS REPORTS

All Progress Reports shall contain the student’s name, school, homeroom

teacher, the goal(s) the student is working towards, and the percentage of

each tutoring goal accomplished as evidenced by tutoring work completed.

The student’s level of attendance and level of participation must also be

included.

 

PROVIDER must

MONTHLY

notify each student’s parents and teachers of

the student’s progress. If requested by the DISTRICT or a parent, the

PROVIDER shall give these reports in the following languages: English,

Spanish, Creole, and Portuguese.

 

To measure the student’s progress toward achieving the goals by the following

method(s):

___________________________________________________________________

 

___________________________________________________________________

 

To send progress reports to regularly inform the student’s parents, the student’s

school and the Board regarding the student’s progress toward achieving the goals

 

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stated on the SLP. Progress reports will be submitted to each according to the

following schedule:

 

To parents Weekly

…

 

Monthly

…

Other ___________

 

To the school Weekly

…

Monthly

…

Other ___________

 

To the Board Monthly

…

Other ___________

 

Progress will be reported to Board employee __________________ (name).

 

L. START OF TUTORING

PROVIDER must be able to provide services to eligible students no later than

October 15, 20__, contingent upon receipt of the DISTRICT approved student

enrollment list being provided at least 20 days prior to the start date.

    

Tutoring must commence within thirty (30) calendar days of PROVIDER receiving

student contact information. If PROVIDER fails to start tutoring with at least 80% of

students that the DISTRICT assigns to PROVIDER, the DISTRICT will reassign any

students that have not started tutoring within 20 calendar days and PROVIDER will

not receive any incoming students from DISTRICT’S future enrollment periods.

PROVIDER will be given an additional fifteen (15) calendar days to begin services

with the remaining 20% of students. Failure to start tutoring with the remaining 20%

of students will result in DISTRICT reassigning students within 20 calendar days to a

new company.

 

Unless other arrangements have been made with DISTRICT, the PROVIDER may

only add new students to their tutoring sessions at the school sites the first week of

each month. SLP’s for students at the school sites must be submitted at least three

(3) business days prior to the start date.

 

M. TUTORING SERVICES

I. PROVIDER APPLICATION

PROVIDER must deliver services in compliance with the PROVIDER’S

state approved application.

 

II. FEDERAL/STATE LAWS

During the term of this Agreement, PROVIDER shall comply with all

applicable federal, State Board of Education, and local statutes, laws

ordinances, rules and regulations relating to the provision of

Supplementary Educational Services, including securing and maintaining

in force such permits and licenses as are required by law in connection

with the furnishing of services pursuant to the Contract.

 

PROVIDER must also ensure that the SES is in compliance with

federal/state laws and DISTRICT Rules regarding health, safety, and civil

rights including but not limited to the Americans with Disabilities Act

(ADA) and Section 504 of the Rehabilitation Act.

 

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III. TUTORING CONTENT

Tutoring sessions must be related to each student’s goals. If it is found

that tutoring is not in conformity with the PROVIDER’S state approved

application, the student’s SLP, or the student’s MONTHLY Attendance

Roster, then that tutoring session will not be paid for by the DISTRICT

and the PROVIDER must submit a written plan to the DISTRICT SES

Facilitator or DISTRICT SES Program Specialist to revise the tutoring

sessions to meet the needs of the individual students before tutoring may

continue.

 

IV. TUTORING LIMITS

PROVIDER shall limit tutoring to six (6) hours per week.

 

V. SCHEDULE

The provider shall meet with each eligible student who requests SES

services from a provider to offer Supplemental Educational Services in

mathematics and reading/language arts aligned with the Sunshine State

Standards. The instruction shall be provided beyond the regular school

day.

 

# Sessions per Week: __________

# Sessions per Month: __________

 

Type of Service:

Check and complete all that apply.

 

  

  

  

Online

…

One-on-One

…

  

 

  

  

Small Group

…

       

Large Group

    

…

 

 

Maximum number of students per tutor _____

 

  

  

Time/Day of Sessions:

__________________________________________________________

 

Location of Sessions:

Check all that apply.

  

  

  

  

  

   

School campus

Provider facility

Faith-based center

Community-based center

Student’s home (on-line or computer-

based)

Child Care Center

Public site such as public library

Student’s home with tutor present

 

 

Such services shall include all of the accommodations stated in the

student’s IEP, LEP Plan, and 504 Plan if applicable.

 

N. CONTROL OF STUDENTS

PROVIDER, while providing services, shall be responsible for the control and safety

of all students from the time the student arrives for services until the student is

placed under the control of the parent/guardian or other approved caregiver, at the

end of the service. The PROVIDER must escort all students to the proper caregiver

 

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or approved means of transportation at the end of service. The PROVIDER must

check the ID of the person picking up the child to make sure it matches an individual

allowed to care for that child if the person is unknown to the PROVIDER.

 

O. MONTHLY INVOICES

PROVIDER shall submit to DISTRICT monthly invoices itemized by student name

and student identification number, actual number of hours for which services were

provided, and an amount due. For each monthly invoice PROVIDER shall submit:

 

I.

Original attendance records as described in Section K.I. or if the

PROVIDER is computer based, a form generated from the

program being used by the student showing the dates and times

the student was logged into the system.

II.

A progress report as described in Section K-II for each student

completed at the end of each month.

 

Tutoring that extends beyond six (6) hours per week will not be paid by DISTRICT.

PROVIDER is paid only for sessions students attend. PROVIDER shall receive

compensation in the amount of ________ - not to exceed the per hour rate as stated

in the state-approved application. PROVIDER is paid only for students who have an

active Student Learning Plan with said PROVIDER. Invoices are due the ______

(day) of the month following services rendered. All invoices must be submitted to the

DISTRICT SES Program Specialist at ________________ (address). Unless

extended by DISTRICT to allow for make-up sessions, the last day that PROVIDER

may provide SES will be _____. The last day to submit an invoice will be ________.

The DISTRICT reserves the right to examine billing records before and after

payment. Payment of an invoice shall not foreclose the district’s right to recover

erroneous, excessive, or illegal payments.

 

P. INCENTIVES

PROVIDER must limit student incentives as follows:

 

I.

Must not exceed a total of fifty dollars ($50.00) per student for all

incentives;

II.

Incentives must be earned by achievement or attendance;

III.

PROVIDER may not use the availability of achievement or

attendance incentives in its marketing efforts prior to student sign-

up. Only students signed-up with a PROVIDER may be informed of

achievement or attendance incentives.

 

PROVIDER shall not provide parent incentives.

 

Q. CONTACT PARENTS

PROVIDER must contact the parent of any student who misses two or more days of

tutoring in a timely manner. If contact cannot be made, the PROVIDER must notify

the DISTRICT immediately.

 

R. CONTINUE TUTORING

PROVIDER must continue to provide Supplemental Educational Services to eligible

students who are receiving such services until ____ (last day of school), or until

 

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exhaustion of DISTRICT funds per student allocation amount as determined and

published by the Florida Department of Education.

 

S. ACCESS TO RECORDS

PROVIDER shall allow access to its facilities for periodic monitoring of each

student’s instructional program by DISTRICT and shall be invited to participate in the

review of each student’s progress by DISTRICT as needed. DISTRICT

representatives shall have access to observe each student at work, observe the

instructional setting, review lesson plans, interview PROVIDER, and review students’

progress including the behavior intervention plan, if any.

 

T. INSPECTION AND AUDIT

PROVIDER shall provide access to records or reports, or other matters relating to

the Contract, upon request by DISTRICT or appropriate federal agency. During the

term of this agreement, and for five years thereafter, the provider shall maintain

detailed records of all the services rendered pursuant to this contract, including

student eligibility information, employee records, progress reports, lesson plans,

invoices, and all other documentation associated with providing SES to eligible

students in the DISTRICT.

 

The DISTRICT, its auditors and representatives, auditors and representatives of the

state education department, and USDE shall have the right to examine and inspect

such records at any time. The provider shall cooperate with any and all reasonable

requests to inspect records.

 

U. SUBCONTRACT AND ASSIGNMENT

PROVIDER shall not subcontract or assign any of the work contemplated under this

Contract without first obtaining written approval from DISTRICT. Such approval shall

be attached and made part of this Contract. Subcontracts or assignments may be

entered into only with PROVIDERS certified by the Florida Department of Education.

 

Any sub-contractor or assignee shall be bound by all of the terms of this Contract,

including the insurance and indemnification provisions.

 

V. INDEMNIFICATION

PROVIDER shall defend, hold harmless, and indemnify DISTRICT and its governing

board, officers, agents, and employees from and against all liabilities and claims for

damage for death, sickness, or injury to any person(s) or damage to any property,

including, without limitation, all consequential damages and expenses (including

attorney fees), from any cause whatsoever arising from or connected with its service

hereunder, resulting from the negligence or intentional acts of PROVIDER, its agents

or employees. It is understood and agreed that such indemnity shall survive the

termination of this Contract.

 

W. COPYRIGHT AND PATENT INFRINGEMENT LAWS

All materials used by PROVIDER are subject to federal law regarding copyrights and

patents.

 

X. REQUIRED DOCUMENTS

PROVIDER shall provide the DISTRICT with the following required documents when

the executed contract is submitted to DISTRICT.

 

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I.

Insurance certificate with satisfactory evidence of compliance with all

insurance coverage Insurance Section of this contract.

II.

Accident/Incident reporting procedures as described in the

Accident/Incident Report Section of this contract.

 

4. RIGHT TO WITHHOLD

DISTRICT may withhold payment to PROVIDER, with a written notice of such

withholding, when in the opinion of DISTRICT, PROVIDER is not in compliance with this

contract.

 

If DISTRICT gives notice of intent to withhold, PROVIDER shall have fourteen (14)

calendar days from the day of receipt of said notice to correct such deficiency and/or

may invoke the dispute resolution provision herein. If deficiency is not corrected within

fourteen (14) calendar days, the DISTRICT will give written notice to terminate this

contract.

 

5. TERMINATION

To terminate this Contract, either party shall give twenty (20) calendar days written

notice as provided herein prior to the date of the termination. The fourteen (14) day

notice of intent to withhold will be counted as part of the twenty (20) calendar day written

notice.

 

A. This Contract may be terminated if PROVIDER fails to submit the

required documents and the executed contract by the due date,

_____________.

B. This Contract may be terminated if PROVIDER is unable to meet the

agreed-upon goals and timetables as established in the student’s SLP.

C. This Contract may be terminated if PROVIDER fails to comply with all

marketing requirements or if PROVIDER distributes incorrect information

about PROVIDER’S program.

D. If DISTRICT must present PROVIDER with more than two notices of

intent to withhold, upon third such notice DISTRICT will notify PROVIDER

of intent to terminate this contract.

E. PROVIDER’S exercise of its right to terminate this Contract shall not

alleviate its responsibilities to complete any existing SLP’s. Upon

termination without default of PROVIDER, DISTRICT shall pay, without

duplication, for all services satisfactorily performed to date of termination.

In consideration of this payment PROVIDER waives all rights to any

future payments for damages.

F. Any amounts owed DISTRICT by PROVIDER at the time of Termination

will be set off against the final payment.

 

B. PROHIBITION OF LOBBYING

No funds made available shall be used in any way for lobbying or fundraising activities.

 

C. INDEPENDENT CONTRACTOR STATUS

This Contract is by and between two independent entities and is not intended to and

shall not be construed to create a relationship with the PROVIDER of agent, servant,

employee, partnership, joint venture, or associate. PROVIDER understands and agrees

that it shall be responsible for providing its own salaries, payroll, taxes, withholding,

 

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insurance, workers compensation coverage and all other benefits of any kind, as

required by law for its own employees, and assumes the full responsibility for the acts,

and/or omissions of his/her employees or agents as they relate to the services to be

provided under this Contract.

 

D. NON-EXCLUSIVITY

It is understood that the DISTRICT may also contract with other PROVIDERS to provide

SES services. This contract in no way gives exclusivity to the PROVIDER for services

rendered under the SES program.

 

E. GOVERNING LAW

The terms and conditions of this Agreement shall be governed by the Laws of the State

of Florida with venue in ___________County, Florida.

 

F. DISPUTES

Dispute between DISTRICT and PROVIDER concerning the meaning, requirements or

performance of this Contract shall be submitted in writing and delivered in person or by

certified mail to ___________________________ (name, title, address). PROVIDER

shall have the right to submit written documentation concerning the dispute and

DISTRICT shall conduct a fair and thorough investigation concerning the dispute. The

determination of DISTRICT shall be made by the Superintendent’s designee, and shall

be made in writing. If the determination of the DISTRICT results in termination of this

contract, PROVIDER will be given ten (10) calendar days written notice and may appeal

the decision to the FDOE, which will be responsible for rendering a final written

determination that will be binding on the parties.

 

G. MODIFICATIONS AND AMENDMENTS

This Contract may be modified or amended only by a written document signed by

authorized representatives of PROVIDER and DISTRICT.

No change in this Contract or

in the SLP shall result in DISTRICT financial obligation to PROVIDER in excess of the

State/Federal reimbursement rate per student per year to DISTRICT.

 

H. NOTICES

Notices required under this Contract shall be valid when delivered by hand delivery,

certified mail, facsimile transmission, email or national overnight delivery or courier

service such as Federal Express or UPS. All correspondence to the DISTRICT must be

delivered to _________________________ (name, title, address). All correspondence

to PROVIDER will be provided to the address as noted on the PROVIDER’S state

approved application unless DISTRICT is otherwise notified in writing.

 

I. SEVERABILITY CLAUSE

If any provision of this Contract is held in whole or in part to be unenforceable by

DISTRICT for any reason, the remainder of that provision and of the entire Agreement

shall be severable and remain in effect.

 

 

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J. ENTIRE CONTRACT/AGREEMENT

The following School Board of _____________County Title I Supplemental Educational

Services documentation constitutes the entire Agreement between DISTRICT and

PROVIDER:

 

a. Contract

b. Student Enrollment Form

c. PROVIDER state-approved application

d. Insurance Provisions

e. Tutor Training Log signed

f. Student Learning Plan (SLP)

g. Rental Facilities Policy

h. EIA Code of Ethics as amended January 8, 2008.

 

These documents supersede any prior or understanding or agreement with respect to the

services contemplated.

 

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THE SCHOOL BOARD OF ________________ COUNTY

TITLE I SUPPLEMENTAL EDUCATIONAL SERVICES CONTRACT

Signature Page

 

Each party signing this contract on behalf of either party individually warrants that he or she has

full legal power to execute the contract on behalf of the party for whom he or she is signing and

to bind and obligate such party with respect to all provisions contained in the contract.

 

DISTRICT:

      

______________________________________________________________

Board Chairperson: Name / Signature / Date

 

  

  

______________________________________________________________

Superintendent (___________County): Name / Signature / Date

 

 

The School Board of _____________County: _________________________

______________________________________________________________

Address

 

SUPPLEMENTAL EDUCATIONAL SERVICES PROVIDER:

 

  

  

______________________________________________________________

Provider Authorized Representative: Name / Title / Signature / Date

 

______________________________________________________________

Name of Supplemental Educational Services Provider:

 

  

  

  

   

______________________________________________________________

Address

______________________________________________________________

City / State / Zip Code

 

______________________________________________________________

Phone Number/ Tax Identification Number:

 

Authorized name, contact number and address for sending notice and information if

different from above:

______________________________________________________________________

Name / Title Address

______________________________________________________________________

Date / Phone number City / State / Zip Code

 

 

 

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