The No Child Left Behind (NCLB) Act, signed into law in January 2002, amended the
Elementary and Secondary Education Act of 1965 and provides low-income parents whose
children attend Title I schools identified as being in need of improvement an opportunity to
access free tutoring or Supplemental Educational Services (SES). The purpose of this
document is to provide a tool and guidance for Florida’s school districts in preparing and
executing a written agreement between the district and state-approved SES providers to
ensure compliance with federal and state laws.
325 W. GAINES STREET • SUITE 514 • TALLAHASSEE, FL 32399-0400 • (850) 245-0509 • www.fldoe.org
SES provider? .................................................................................................................16
C-10. How long should the district provide SES to eligible students, and are summer sessions
included?.........................................................................................................................18
C-11. Can a provider offer free tutoring beyond the scheduled tutoring? .................................19
C-12. Where parental consent has been given, can schools or districts bar the transportation of
C-13. May a district determine charges for use of school facilities based on the type of group or
C-14. Can the district require that invoices be received by a certain date for payment to be
made? .............................................................................................................................19
C-15. Should the contract include specific language regarding student assessments, including
C-16. Can a provider invoice a school district for the time spent conducting the pre-
C-17. Is it necessary to include confidentiality requirements related to student information in
C-18. When should providers begin tutoring?...........................................................................20
C-19. Can a district add conditions relating to criteria for approval of a provider in the contract?
........................................................................................................................................20
C-20. What are district and provider responsibilities related to collecting and reporting student
data? ...............................................................................................................................21
C-21. Are school districts and state-approved SES providers required to monitor the fidelity of
C-22. Who coordinates the monitoring process?......................................................................21
C-23. Should the contract address the roles of the provider and the district in the monitoring
process?..........................................................................................................................22
district SES providers?....................................................................................................23
SES providers? ...............................................................................................................23
........................................................................................................................................24
Contractual Agreement between School District and State-Approved SES Providers
•
ensure that the SES comply with all federal and state laws and regulations and with
school board policy related to health, safety, and civil rights, the Americans with
Disabilities Education Act (ADA), section 504 of the Rehabilitation Act, and Individuals
with Disabilities Act (IDEA)
•
indicate that services beyond SES shall be consistent with the state-approved
application. SES providers’ responsibilities include assessing and supervising students,
transportation, and development of the SLP
•
provide a description of how the provider will regularly inform each student’s parents and
the student’s teachers regarding the progress of the student in improving academic
achievement as outlined in the SLP
•
track and report students’ attendance and implement interventions for students who are
habitually absent
•
agree to not disclose to the public the identity of any student eligible for, or receiving,
Supplemental Educational Services, without the written permission of the parent of such
student, and
•
provide a description and assurance that all individuals employed by the provider will
receive payment for their completed duties regardless of timeliness of payment by the
school district to the provider
B-6. What are the specific provisions that should be included in the contract?
Staffing
The provider must have the capacity and resources to provide SES to students. Provisions that
reflect the procedures that will be used to maintain, monitor, and notify the school district
regarding staff changes should be included. Districts may add language that requires providers
to present evidence regarding tutors’ qualification as soon as possible.
It is recommended that district employees working for providers sign a dual employment form to
ensure no conflict of interest and compliance with district school board policies. District
employees are prohibited from conducting provider business during school time or using district
resources such as the district email system. Providers may not hire district employees who are
directly responsible for administration of SES or Title I programs, such as a district liaison or a
Title I program administrator.
A district employee hired by a provider should not be the “face” of a company at his or her own
school, as this practice clearly endorses one provider over another.
Districts should ensure that employment incentives considered by a company do not encourage
tutors to conduct any provider-related business during school hours, promote their company
with parents, or provide information that favors one provider over others. A provider cannot pay
bonuses to district employees hired by a provider for recruiting students. See sample guidelines
under Appendix A.
Fingerprint/Background Check
This section should outline the local school district’s requirements and procedures for
fingerprinting and background checks for all employees who have direct contact with students or
student information or have access to school grounds, including online tutors. Online and
distance tutoring companies must have their fingerprints submitted to the Florida Department of
7
Contractual Agreement between School District and State-Approved SES Providers
Law Enforcement (FDLE). Documentation of clearance from another state agency is not
acceptable.
The district may wish to include the statutory authority that requires all employees of providers
who work with students or with student information to obtain clearance from a Level 2
background screening (see Section 1012.32, Florida Statutes). Contracts may include the
district’s policy related to the processing and monitoring of background checks for district
employees hired by the provider and any fees charged by the district for these services. It is
important to identify who is responsible for ensuring background checks for all provider staff,
who is responsible for paying for background checks, and who is responsible for monitoring the
process. Providers are responsible for expenses incurred in the provision of SES, including
employee background checks and administrative expenses. You may obtain additional
information in FLDOE’s
Technical Assistance Paper related to Fingerprinting/Background
Screening Requirements of State-Approved Supplemental Educational Services Providers (K-
12 Memo 2009-17),
dated January 16, 2009.
Insurance
This section should describe the district’s policy relating to liability insurance, including coverage
for the providers’ employees who transport students. Include the amount of the liability
insurance, personal injury protection and property damage liability, workmen’s compensation
insurance, professional liability and abuse coverage, and the amount of the deductible required.
Address district requirements related to naming the district as a certification holder and a
provision to provide written notice to the district prior to any cancellation or material change to
the policy. Requirements for providers must be applied fairly and consistently as they are
applied to other entities contracted with the district.
Transportation
This section should describe any special terms or conditions related to transportation such as
insurance, district-provided transportation, provider-offered transportation, or provider-
contracted transportation. Transportation arrangements and costs for students receiving
services under the contract are between the provider and eligible students’ parents. The district
has no obligation to provide transportation in connection with the provider’s services under the
contract.
Districts may wish to include a statement referring to student supervision at sites for which the
provider does not offer transportation to assigned students. Providers must ensure that
students are escorted and appropriately supervised whenever students leave the tutoring
space.
Accident/Incident Report
This section should describe any requirements for the provider to submit a written procedure for
accidents or incidences when a student suffers an injury, injures another individual, or is
involved in an activity requiring notification of law enforcement or emergency personnel. See
Appendix B.
8
Contractual Agreement between School District and State-Approved SES Providers
Child Abuse Reporting
This section should describe the requirement for the provider to ensure that all employees,
including volunteers and substitutes, are familiar with and agree to the child abuse and/or
missing children reporting obligations and procedures under Florida law. Address any
requirements for the provider to provide training to the employees regarding the mandated
reporting of child abuse or missing children. See Section 1006.061, Florida Statutes.
Conflict of Interest
This section should include any district policies related to a provider’s partnership agreement or
bylaws of a corporation, including the list of members of the governing body of the legal entity.
Include language to avoid actual or potential conflict of interest on behalf of the provider or its
employees.
Control of Students
This section should describe responsibilities of the provider for the control and safety of all
students beginning with the time students arrive for services until the students are placed under
the control of the parent/guardian or other approved caregiver. Include any requirements
related to signing in and signing out of students by person(s) responsible for the students’ care
after the tutoring session. The contract should address consequences for verified reports of
lack of supervision of students.
Marketing and Incentives
This section should outline any specific guidelines and restrictions regarding marketing of
services, including the duties of the local school district to provide information to parents, as well
as advertising and marketing by providers. Marketing includes sharing information related to
the services, resources, materials, or other relevant information regarding the provider. School
districts are responsible for enrolling students in the program. Districts are required to provide a
streamlined process for parents to receive information regarding eligibility and approved service
providers. Providers must not be prohibited from marketing their services directly to members
of the community or from providing information to the public about the availability of educational
services. The contract should address whether the provider is required to submit marketing
materials to the district for review prior to distribution.
Districts should address that providers are not allowed to hire teachers or staff members from
any site to market their program at fairs, open houses, etc since this prevents unethical
practices that might lead to inappropriate recruiting of students for SES.
State law prohibits monetary incentives for enrolling students; however, incentives are allowed
for student performance or attendance not to exceed a value of $50.00 per student per year
(see Section 1008.331(1), Florida Statutes). Providers shall not offer a student, parent, or
teacher any form of incentive for enrolling a student with a provider. According to the 2009-2010
Request for Applications and General Assurances, applicants must agree to abide by ethical
business practices as adapted by Education Industry Association (EIA) Code of Professional
Conduct and Business Ethics for SES providers as amended on January 8, 2008. This Code of
Professional Conduct and Business Ethics restricts the promotion of any allowable attendance
or performance incentives to the period following student enrollment. The enrollment period
ends after the district officially assigns a student to a state-approved SES provider.
9
Contractual Agreement between School District and State-Approved SES Providers
See EIA Code of Professional Conduct and Business Ethics for SES providers (1/8/2008) at
http://www.educationindustry.org/EIA/files/ccLibraryFiles/Filename/000000000220/EIA%20SES
%20Code_of_Standards_and_Ethics_final%20rev_1-08-08.pdf
.
Districts should address any district policy prohibiting providers from offering and school staff
from accepting gifts that could be perceived as incentives for a particular provider. Additional
information regarding marketing and outreach may be obtained in FLDOE’s
Technical
Assistance Paper related to Public School Choice Parent Outreach and Notification (K-12 Memo
2008-47)
dated June 9, 2008.
Required Documents
This section should list any documents required by the school district and the deadline for
submitting them to the district, such as:
•
Insurance certificates
•
Partnership agreements and bylaws
•
Accident/incident procedures
•
Sign in and sign out procedures
•
Remedies for breach, sanctions, penalties
•
Termination for cause
•
Compliance with federal and state statutes and executive orders
•
Reporting requirements
•
Patent rights and copyrights
•
Access by federal agency
•
Retention of records
•
Invoices including
Student progress reports
Attendance records
The contract should address district policy regarding student attendance, such as
•
responsible party for sending out notification if a student fails to attend
•
accurate recordkeeping
•
responsible party for withdrawing a student for lack of attendance, and
•
documentation of attempted contacts with parents and unexcused absences
Schedule for Tutoring
This section should outline the expected timelines for providers to commence tutoring students
and any consequences for noncompliance.
In the event that the contract with an SES 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. Districts may wish to include language
regarding its authority to specify a timeline for providers to begin tutoring or face contact
termination. Tutoring sessions must be consistent with the approved application, the contract,
and SLPs.
District may include language that prohibits SES providers from starting tutoring after 7 pm.
10
Contractual Agreement between School District and State-Approved SES Providers
District Access
This section should specify any district policy requiring provider notification to the district of any
change in location at which services are provided to students. Include any policies requiring the
provider to allow access by the district to any facilities for periodic monitoring of students’
instructional programs and for review of students’ progress. Address whether district staff have
access to observe tutoring sessions and interview providers and tutors.
Notice of Intent for Enrollment
This section should address the district policy related to parents’ rights to enroll their children to
participate in SES. Specify the authority for enrolling eligible students in the SES program and
identify specific prohibited actions such as providers duplicating, altering, completing,
distributing, or submitting enrollment forms on behalf of parents. Include consequences for
noncompliance of district enrollment procedures.
Student Learning Plan (SLP)
The SLP must be developed in consultation with the school district, the parents, and the
provider and must include a process for measuring a student’s progress, as well as a timetable
that focuses on steps for improving the student’s achievement, a timeline for provision of
services, total hours of prescribed program, no more than five academic achievement goals per
subject area with specific pre-assessment data and expected percentage of mastery of goals
verified during the post-assessment The agreement must be approved by all parties before
services can begin. Parent’s, district’s, and provider’s signatures can be obtained after the
tutoring takes place, but all three parties have to verbally agree based on documented
consultation prior to the start of SES. Districts must address alternative means by which
providers can document consultation with parents, when all three parties are unable to meet
together.
In cases where SES providers are approved to serve in all three subject areas, districts should
identify in the contract who has the final authority to decide which subject area will be given
priority should the parent, school, or SES provider disagree.
Unless there is a prior agreement with the district, SES providers have to pre- and post-assess
students to determine the individual academic student learning goals. FLDOE recommends the
development of maximum five goals per subject area.
The contract should include language that the SES provider informs the district ten (10) days
prior to administering post-assessment of when and where the test will take place to give the
district the option to monitor or be present at the post-assessment.
A provision should be included in the written contract that allows for termination if the provider
fails to meet the student progress goals and timetables.
The contract should address district policy related to revising or amending a student’s SLP.
Include the provisions pursuant to the Request for Applications that prohibit providers from
billing the district for conducting pre- and post-assessments of students and developing the
SLP. Additional information regarding student’s SLP may be obtained in FLDOE’s
Technical
Assistance Paper Related to Student Learning Plans for Supplemental Educational Services
(K-
12 Memo 2008-137)
dated November 17, 2008.
11
Contractual Agreement between School District and State-Approved SES Providers
Student Progress Reports
Providers are responsible for regularly reporting student progress toward achieving the
goals stated in the SLP, including reporting progress to parents and teachers.
The contract should provide a description of how frequently the students’ parents, teachers, and
district will be informed of the student progress, including consequences for failure of timely
submission of the report.
The provider is responsible for abiding by the terms of the RFA related to pre- and post-testing.
FLDOE recommends a monthly dissemination of the student progress report. Unless there is a
prior agreement with the district, the SES provider has to include pre- and post-assessment
information that indicates the mastery of student learning goals on the final student progress
report before sharing with the parents and districts.
The opportunity to allow students to make up sessions should be included in the SLP and
contract if district policy permits this option. Additional information related to student’s progress
reports may be obtained in the FLDOE’s
Technical Assistance Paper Related to Monitoring and
Reporting Student Progress for Supplemental Educational Services
(K-12 Memo 2008-162)
dated November 6, 2008.
Student Records
Federal and state laws protect the rights of students and their parents regarding student records
and reports as created, maintained, and used by public educational institutions in the state, see
Section 1002.22, Florida Statutes, 20 U.S.C.A. Section 8132g; 20 U.S.C.A. Section 8132h.
Personally identifiable records or reports regarding a student and any personal information
contained therein are confidential. A state or school district may not permit the release of such
records, reports, or information without the prior written consent of the student’s parent.
SES providers must also adhere to these federal and state laws and regulations. According to
United States Education Department, it is not a violation of the Family Educational Rights and
Privacy Act (FERPA) for SES providers to contact parents and guardians of students served in
the SES program in previous years. However, it would be a violation of FERPA to contact
parents via a postcard.
The contract should describe the requirements for securing all student records and preventing
access by unauthorized individuals. Include provisions related to the prohibition of sharing any
student information with third parties without prior written consent of students’ parents. Include
procedures related to monitoring and auditing by the district, as appropriate.
Inspection and Audit
This section should describe district policies related to access to records or reports or other
relevant information upon request by the district and the requirements for maintaining records
(such as student progress reports, student assessment results, etc.) for five years from the end
of a fiscal period of the source of funding.
12
Contractual Agreement between School District and State-Approved SES Providers
Supplies, Equipment, and Facilities
The contract should outline responsibilities related to the provision of appropriate supplies,
equipment, and facility usage relative to the provision of services as required by each student’s
SLP. Include all policies related to the use of school facilities by providers and access to
computers, supplies, and equipment on school campuses.
Include terms and agreements if school facilities are used. 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 SES. However, if many providers
are approved to offer services in a school district or if other after-school programs are housed in
the schools, it may not be possible for all providers to use school facilities. Therefore, school
districts should select providers to operate onsite in a manner that is fair, transparent, and
objective. The contract should clarify consequences for not paying facility usage fees within a
given deadline or specific number of days. Districts may include the fees and facility usages
procedures in their contract.
Specify the requirement for providers to notify the district regarding any change in location
(other than school facilities ) in which services will be rendered and the requirement that all sites
must be maintained in a clean and safe condition and be located in an area that is safe and
secure for students. Districts may request copies of facility agreements related to the delivery of
SES on sites other than school ground.
Invoices, Billing, and Payment
In order to streamline the process for receiving and paying invoices for services rendered,
specific requirements for payment should be addressed in the contract. The following basic
requirements for information regarding the invoices must be included: name and address of
student, name of parent or guardian, name of service provider, complete the process for
verifying attendance records and student progress reports. Options for verifying attendance
records are:
•
parent, student, and tutor sign attendance record
•
student, site facilitator, and tutor attendance record
•
notarized attendance sheet in absence of parent signature, or
•
district verification with parent in absence of signature
Include any required additional information such as the type of information required for payment
to be issued, itemized invoice, definition of services, proof of services rendered, per pupil
allocation, provider’s rate consistent with stated rate in approved application, number of hours,
total amount due and a statement of any prohibition for exceeding that amount.
Attention should be given to any provisions for nonpayment or withholding payment. Outline the
process and timelines for submitting invoices and payment to the provider. Providers are
responsible for payment of all taxes and fees resulting from payment from school districts for
services.
Provisions governing payment for the services and those addressing missed tutoring sessions
should be outlined.
13
Contractual Agreement between School District and State-Approved SES Providers
Districts should ensure that their invoice management process will identify any duplicate or
incomplete invoices and that invoices will be approved for payment only when they reflect
services provided pursuant to a signed contract.
School districts are encouraged to provide training for state-approved SES providers regarding
fiscal business practices established by the district to avoid delay in invoicing procedures. See
Appendix C. If the district uses specific SES software, the contract should outline the
requirement to use the software for attendance rosters, documentation of tutoring locations,
SLPs, student progress reports, etc.
Termination
This section is important to ensure that all interests are clarified and an understanding reached
for acceptable performance. The district may wish to state the process for making modifications
and amending the contract, as well as providing notice of termination by either party.
This section should identify all reasons and conditions for which a contract could be terminated
(including but not limited to fail to meet goals, timelines, and provisions of incentives). Any
prohibitions such as lobbying or intimidation; misrepresentation of services; discrimination
against providers, schools or students; defamation of the local school district or providers or
exclusivity, should be clearly stated. Provisions should also be included for indemnification and
compliance with local and state laws. Districts are required to contract with each provider
approved by the state to serve the districts and report terminations to the state, which may
impact SES providers’ approval in the future.
Contracts should include a statement pertaining to independent contractor status and
subcontracting and allow for a dispute resolution process.
Districts should specify formal complaint procedures including written notification procedures,
response or rebuttal timeline or cure periods, progressive consequences, and appropriate due
process. See Appendix D.
Code of Ethics
This section should include the district policy related to document noncompliance with the EIA
Code of Professional Conduct and Business Ethics and consequences for noncompliance.
The contract should address the expected behaviors and business practices related to student
enrollment and marketing and consequences for noncompliance. District should outline specific
consequences for documented unethical behavior by any provider staff.
Providers must not attempt to influence or bias parents’ completion of the parent survey or any
other evaluation of the provider’s services including an assurance of truthful submission of
assessment data.
Conduct of Provider Employees
The contract should describe any policy related to conduct, dress, or behavior required by the
district or provider employees and may include requirement for provider employees to agree
and adhere to the EIA Code of Professional Conduct and Business Ethics for SES providers.
See Appendix E.
14
Contractual Agreement between School District and State-Approved SES Providers
Districts may wish to include a summary of district procedures that providers and provider’s
employees are required to follow.
Prohibition of Defaming the District
Districts should specify any district policy that prohibits a provider or provider’s employees from
defaming the school district and include a list of venues where this is prohibited, if appropriate,
such as recruiting, presentations, etc. Include any consequences.
Prohibition of Lobbying
This section should include any prohibition of the use of funds provided through the contract to
be used for the purpose of lobbying.
Discrimination
Districts should specify the federal law that prohibits any provider from discriminating on the
basis of race, religion, sex, age, handicap, or sexual orientation in employment or operation of
the program. The contract should describe consequences for discrimination by a provider or
provider employees.
Indemnification
This section should specify all requirements related to liabilities and claims for damages or
damage to any property from any cause arising from the services contracted through the
agreement. Districts should provide provisions for termination of the contract for
noncompliance.
Subcontract and Assignment
This section should include any prohibitions for the contracted provider to subcontract or assign
any portion of the provider’s tutoring program covered under the contract to another party
without prior written consent of the school district. Providers may use subcontractors to provide
transportation to their assigned SES students.
•
Some districts do not permit providers to use subcontractors for any services offered by
SES providers in their districts. Providers must abide by each district’s policies regarding
subcontracting.
•
Subcontractors are required to abide by all of the same assurances, policies and
procedures, and all other requirements for SES providers.
Mandatory Technical Assistance Meetings
Districts should specify all procedural terms and conditions of any mandatory meetings or
provider fairs including fingerprint/background checks for all SES provider staff.
FLDOE recommendation is to include assurances that require SES providers to train their tutors
regarding assessing students and submitting student data.
Compliance with Laws
15
Contractual Agreement between School District and State-Approved SES Providers
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.
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).
33
Contractual Agreement between School District and State-Approved SES Providers
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.
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
34
Contractual Agreement between School District and State-Approved SES Providers
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.
35
Contractual Agreement between School District and State-Approved SES Providers
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
36
Contractual Agreement between School District and State-Approved SES Providers
Appendix C
Sample Supplemental Educational Services Provider Employee/Tutor
Training Acknowledgement
37
Contractual Agreement between School District and State-Approved SES Providers
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. Pre- and Post-Assessment Procedures and Reporting
11. The usage of supplies and equipment – I will only use supplies or equipment that belongs to the
provider or myself.
12. District Security Clearance (attached a copy of verification)
13. I meet the educational requirement to tutor for this company.
14. The Cayen Computer System:
I attended Cayen Training:
Yes
No Date of Training: ____________________
Request for Cayen access:
Yes
No
Level of security requested ________________________
38
Contractual Agreement between School District and State-Approved SES Providers
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 approval is received from the
SES program office.
________________________________ ________________________________
Provider Representative Date
39
Contractual Agreement between School District and State-Approved SES Providers
Appendix D
Sample Letter Notifying SES Providers of Contract Termination
40
Contractual Agreement between School District and State-Approved SES Providers
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 approved 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
41
Contractual Agreement between School District and State-Approved SES Providers
Appendix E
Sample School District Code of Professional Conduct and Ethics Regarding
Supplemental Educational Services
42
Contractual Agreement between School District and State-Approved SES Providers
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.
_
43
Contractual Agreement between School District and State-Approved SES Providers
Appendix F
Sample Handout for SES Tutors
44
Contractual Agreement between School District and State-Approved SES Providers
Sample Handout for SES Tutors
¾
Advertising
District employees cannot promote one SES provider over another during the hours when the District
employee is working for the District.
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
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
SLP must be approved by parent, provider, and district BEFORE student begins tutoring.
SLP should contain no more than five academic achievement goals per subject area with specific pre-
assessment data and expected percentage of mastery of goals verified during the post-assessment.
If all academic achievement goals are completed, a new SLP should be approved by parent, provider, and
district.
SLP should contain the total hours of prescribed program.
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
MONTHLY attendance sheets must be used.
Student attendance must be entered in the computer every two weeks by you or your company.
Times must be included on the attendance sheet.
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
District is paying $5 to $70 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.
Tutoring should not take place after 7 pm.
¾
Control of Students
Tutor should be aware of provider procedures for handling and/or removing disruptive students.
Tutor must escort all students to the proper caregiver or approved means of transportation at the end of
each tutoring session.
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
District requires a progress report on each student to be completed at the end of each month.
Provider must regularly notify each student’s parents and teachers of the student’s progress.
All Progress Reports shall contain:
•
Student’s name
45
Contractual Agreement between School District and State-Approved SES Providers
•
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
Final Progress Reports shall contain the following additional information:
•
All student achievement goal(s) with the pre- and post-assessment scores.
¾
Communication
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.
The tutor must contact the company to make sure you have the correct forms, tutoring materials and supplies
have been provided.
The company should train tutors use the materials and complete the forms BEFORE you begin tutoring.
Any problems with pay should be addressed with the company.
Do not contact the principal regarding problems with the tutoring company. Please contact the SES district
coordinator ___________ at ____________ if needed.
46
Contractual Agreement between School District and State-Approved SES Providers
Appendix G
Sample Written Contractual Agreement between School Districts and
State-Approved Supplemental Educational Services Provider
47
Contractual Agreement between School District and State-Approved SES Providers
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 (SES) provider (hereinafter referred to as the “PROVIDER”)
for the purpose of providing 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.A. 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 no
more than five academic achievement goals per subject area with specific pre-
assessment data and expected percentage of mastery of goals verified during the post-
assessment. The SLP also includes 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
48
Contractual Agreement between School District and State-Approved SES Providers
with Disabilities Education Act (IDEA) or the student’s section 504 plan. The SLP must
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.
•
Withdrawal
– failure to provide services to students in a district in which the provider
was assigned the minimum number of students that they indicated they were willing to
serve in the state-approved application.
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 during the development of the
SLP. To be able to effectively determine the students’ weakest benchmark areas, the
district is providing this information to the PROVIDER who is responsible for establishing
no more than five academic achievement goal per subject area with specific pre-
assessment data and expected percentage of mastery of goals verified during the post-
assessment.
49
Contractual Agreement between School District and State-Approved SES Providers
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
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
2009-2010 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 2009-
2010 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.
50
Contractual Agreement between School District and State-Approved SES Providers
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.
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: $ _____________________________
51
Contractual Agreement between School District and State-Approved SES Providers
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.
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 first year of school improvement AND be
eligible for Free or Reduced Price Lunch for the previous (first enrollment)
and current school year (for continuous enrollment).”
Notwithstanding, marketing materials approved under the original agreement, and
already in print, shall remain approved and shall be grandfathered under the provisions
of the original agreement. Such materials do not need to be re-submitted for approval.
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.
52
Contractual Agreement between School District and State-Approved SES Providers
PROVIDER shall not attempt to influence or bias parents’ completion of
the parent survey or any other evaluation of the provider’s services
including an assurance of truthful submission of assessment data.
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
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.
53
Contractual Agreement between School District and State-Approved SES Providers
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.
PROVIDER shall provide training to their tutors regarding assessing
students and submitting student data.
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.
54
Contractual Agreement between School District and State-Approved SES Providers
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
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 unless there is an agreement between DITRICTS and
PROVIDERS determining that the district is conducting the pre- and post-
assessment.
PROVIDER must clearly state the level of the student prior to the start of SES. For
each student assigned, PROVIDER shall administer a pre-assessment of student
achievement for each goal on the SLP using an assessment instrument approved by
the FDOE as part of the PROVIDER state application. The goals set forth in the SLP
must address specific deficiencies of the student based on test scores or DISTRICT
input. Each goal must state the timetable for improving the student’s performance,
the specific, measurable goal that the student will be working towards, the pre-
assessment score from the test administered by the PROVIDER, the measure of
55
Contractual Agreement between School District and State-Approved SES Providers
growth that the student will achieve based upon the anticipated post-assessment
scores, and the timetable form improving the student’s performance. 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) goals per subject area
on each student’s SLP.
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 approved 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.
When an email address is available, PROVIDER shall obtain an email address for
the parent of each student as part of the SLP and report the email address to the
DISTRICT.
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
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Contractual Agreement between School District and State-Approved SES Providers
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
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
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Contractual Agreement between School District and State-Approved SES Providers
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.
For each student, PROVIDER agrees to submit MONTHLY student’s
progress to each student’s parents and district/teachers and make students
aware of their progress. PROVIDER shall also administer a post-assessment
using the same instrument and provide the DISTRICT with the pre-
assessment score and the post-assessment score as part of the progress
report. The PROVIDER shall assess student growth on each goal and report
the score as part of the final student progress report. The final report shall
contain the pre-assessment scores and the post-assessment scores for each
goal.
The PROVIDER must inform the DISTRICT at least ten (10) days prior to
administering post-assessment of the location and time the test will take
place.
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):
___________________________________________________________________
___________________________________________________________________
Pre- and post-assessment will be conducted by:
SES PROVIDER
DISTRICT
Pre- and post-assessment will be reported by:
SES PROVIDER
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Contractual Agreement between School District and State-Approved SES Providers
DISTRICT
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
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
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Contractual Agreement between School District and State-Approved SES Providers
rights including but not limited to the Americans with Disabilities Act
(ADA) and Section 504 of the Rehabilitation Act.
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 two (2) hours per day and six (6) hours
per week. PROVIDER agrees to not start SES tutoring after 7 pm.
V. SCHEDULE
The PROVIDER shall meet with each eligible student who requests SES
services from a PROVIDER to offer Supplemental Educational Services
in mathematics, reading/language arts, and science 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.
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Contractual Agreement between School District and State-Approved SES Providers
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
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 _________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 __________for each student
completed at the end of each month.
Tutoring that extends beyond six (6) hours per week or two (2) hours per day 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.
Incentives shall 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.
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Contractual Agreement between School District and State-Approved SES Providers
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
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
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Contractual Agreement between School District and State-Approved SES Providers
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.
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
III.
Certification regarding debarment, suspension or ineligibility for award
(34 CFR 85)
The following certification is applicable only to contract for $25,000 or more that
are funded in whole or part with Federal funds.
By signing this document, the PROVIDER certifies that it:
a. Is not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded by any federal department or agency
b. Has not, within a three-year period preceding this contract been convicted of
or had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or performing
a public (Federal, State or local) transaction or contract under a public
transaction; violation of Federal or State antitrust statutes or commission of
embezzlement, theft forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property
c. Is not presently indicted for, or otherwise criminally or civilly charged by a
government entity (Federal, State, or local) with, commission of any of the
offenses enumerated in paragraph b. (above) of this section, and
d. Has not within a three-year period preceding this contract had one or more
public transactions (Federal, State, or local) terminated for cause or default
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.
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Contractual Agreement between School District and State-Approved SES Providers
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,
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.
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Contractual Agreement between School District and State-Approved SES Providers
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.
Once an addendum and extension is entered into, all portions of the Original Agreement
shall remain in force unless there is a conflict in language. In any area of conflict,
language in the addendum and extension shall take precedence.
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.
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. Final Student Progress Report
h. Rental Facilities Policy
i. EIA Code of Ethics as amended January 8, 2008.
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Contractual Agreement between School District and State-Approved SES Providers
These documents supersede any prior or understanding or agreement with respect to the
services contemplated.
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Contractual Agreement between School District and State-Approved SES Providers
THE SCHOOL BOARD OF ________________ COUNTY
TITLE I SUPPLEMENTAL EDUCATIONAL SERVICES CONTRACT
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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