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November 8, 20 II
NOV ill
~ PI
Correspondence and Complaints Management
CbJ\.1MlSi
Office of the Commissioner
Texas Education Agency
170 I North Congress Avenue
Austin, Texas 7870 I
Tutors with Computers, LLC ("TWC LLC") files this state-level complaint regarding the
Edinburg Consolidated Independent School District ("ECISD"), a Local Education Agency, after
exhausting all established local procedures and complaint processes.
ECISD has refused to pay amounts due and proper for Supplemental Education Services (SES)
under 20 U.S.C. 6316(e). This complaint is made pursuant to 20 U.S.C. 9304(a)(3)(c) and thc
Texas Education Agency No Child Left Behind (TEA NCLB) State-Level Complaint
Procedures. TWC LLC has made every effort to resolve this matter at the local level. After
several months of billing and dispute resolution negotiations, the matter remains unresolved.
ECISD has refused all payment, has not followed federal or state law, or any established local
complaint policy or procedure for the appropriate and lawful resolution of this matter.
In November 2009, TWC LLC executed a SES agreement with ECISD [See Exhibit F - Provider
Agreement]. Under this agreement, TWC LLC billed ECISD [See Exhibit B - Edinburg
Balance1 for SES services at Economedes High School and Harwell Middle School. ECISD
refused to pay for services rendered, and several months of negotiation on payments ensued. As
of the date of this complaint, no payment has been made to TWC LLC from ECISD for services
rendered.
At its meeting on March 11,2010, in executive session, the EClSD Board of Trustees rejected
payment to TWC LLC in full. TWC LLC asserts that all efforts to resolve this matter at the local
level have failed and have been exhausted. While invoices from TWC LLC were rejected by
ECISD for various reasons, all objections based on the performance of TWC LLC were either
unfounded, or resolved in a timely and appropriate manner. TWC provided SES to ECISD
eligible students in accordance with all federal and state law. TWC LLC is an approved SES
provider [See Exhibit A - Provider Application].
On June 9, 20 II, ECISD filed a statc-Ievel complaint against TWC LLC. By leuer dated June
17,2011, TEA referred the matter back to ECISD for the district ' s failure to exhaust local-level
procedures.
Although ECISD has no dispute resolution or complaint resolution process for service providers
as required by federal or state law, TWC LLC consistently attempted to resolve this matter at the
local level over a period of nearly two years. Because of the lack of established local complaint
procedures by ECISD, TWC LLC pattemed its complaint on processes established by TEA in its
communications with ECISD, yet remains unsuccessful in resolving the dispute. [See Exhibit C
- ECISD Purchasing and Acquisition - Payment Procedures, CHF (Legal); Accountability
Federal Accountability Standards, Am (Legal)]. The local Board of Ttustees has continued to
reject payment to TWC LLC for its services. Therefore, all efforts at the local level have been
exhausted.
Enumeration of state-level complaint:
l. Name ofLEA: Edinburg Consolidated Independent School District
2. Documentation that complaint was not accepted by LEA and Responses:
a) Lack of legally-required local complaint processes by ECISD: [See Exhibit C
ECISD Purchasing and Acquisition - Payment Procedures, CHF (Legal); See
Exhibit D - ECrSD Accountability - Federal Accountability Standards, AID
(Legal)], violating Section 9306 of the No Child Left Behind Act (an LEA
accepting federal funds also agrees to adopt local written procedures for the
receipt and resolution of complaints alleging violations of law in the
administration of covered programs)
b) Unpaid invoices from TWC LLC to ECISD for services rendered
c) Additional correspondence from TWC LLC to ECISD requesting payment for
services rendered
d) Correspondence from ECISD to TWC LLC denying payment for services rendered
3. ECISD has violated Federal and State Law in regard to payment for SES services
a) 20 USC 63\6(e)(3)(D); LEAlProvider agreement payments
b) 20 USC 63 \ 6(e)(6)(A-B); Amounts available for services shall be costs of SES
received by the child, or 3.125M as indicated by letter from ECISD June 13,2011
[See Exhibit E - Letter ti'om ECISD dated June 13, 2011]. Total ECISD
expenditures for SES are inadequate and insufficient under law.
c) 20 USC 9306; An LEA accepting federal funds agrees to adopt local written
procedures for the receipt and resolution of complaints alleging violations of law
in the administration of covered programs. EClSD has no such established
procedures.
4. Violation Date: November 2009 and ongoing.
5. Facts on which allegations are based and the Jpecific requirement allegedly violated:
a) TWC LLC SES agreement with ECISD [See Exhibit F - TWC 2009-20\0
Edinburg SES Contract]; 20 USC 63 \ 6(e)(3)(D)
b) TWC LLC balances due by Edinburg ISD [See Exhibit B - Edinburg
Balance]; 20 USC 63\6(e)(3)(D); 20 USC 63\6(e)(6)(A-B)
c) TWC LLC TEA Provider Application [See Exhibit A - Provider Application];
20 USC 63 \ 6(e)(3)(D)
6. Names and Numbers ofPersons who can provide addilional information:
Vince Cordero
Chief Executive Officer
Tutors with Computers, LLC
70 I Brazos Street, Suite 500
Austin, Texas 78701
512.419.7983
David Callaway
Program Director
70 I Brazos Street, Suite 500
Austin, Texas 78701
512.419.7983
Phil Murray
Vice President of Finance
701 Brazos Street, Suite 500
Austin, Texas 7870 I
512.419.7983
7. No complaint has been fi led with any other governmental agency at this time.
8. Supporting Documentation Enclosed
9. Tutors with Computers, LLC
701 Brazos Street, Suite 500
Austin, Texas 78701
Thank you for your prompt attention to this matter. We would be please to provide the agency
with any additional infonnation which may be helpful to the prompt resolution of this complaint.
Since
David Callaway
Program Director
Enclosures: Exhibit A: Provider Application
Exhibit B: Edinburg Balance
Exhibit C: ECISD Purchasing and Acquisition - Payment Procedures, CHF
(Legal);
Exhibit D: ECISD Accountability - Federal Accountability Standards, AID
(Legal)
Exhibit E: Letter trom ECISD dated June 13, 2011
Exhibit F: TWC 2009-20 I 0 Edinburg SES Contract
EXHIBIT A
SIRC Use Only
'Batch # ______
'Received _ _____
TEXAS EDUCATION AGENCY
Supplemental Educational Services
For Title 'I, Part A Campuses
Identified under School Improvement in Texas
School Year 2009-201 0' (Including Summer 2010)
Provider Application
Cover Page
Program Authority: P.L. 107-110, Section 1116
Application Deadlines: October 15, 2009, for a March 1, 2010, effective date
March 15, 2010, for an August 23,2010, effective date
Supplemental Educational Services Provider Information
Provider Name: Tutors With Computers, LLC
Address: 2314 Creek Crossing Lane
City: Arlington IState: TX ZIP Code: 76018
DBA, if applicable:
Please post DBA online rather than Provider Name: DYes IZI No
Emptoyer Identification Number: 26-3543453
Certification
I hereby certify Ihat the information contained in this application is, 10 the best of my knowledge, correct, and Ihe provider named above has authorized me as its
representalive 10 obligate the provider. I hereby certify that any ensuing program and activity will be conducted in acoordance with all applicable federal and
state laws and regulations, applicalion inslructions, Ihe Provisions and Assurances, and the application. I further certifythat the provider named above is not a
software distributor and understand thai if deemed as such Ihis applicalion will be voided in ils enlirely. It is underslood by the applicanllhal this applicalion
constitutes an offer, and if the applicanl is approved and subsequently accepled by aparent as the provider of suppiemental educational services under P.L.
107110, Seclion 1I16(e), Ihe provider will enler into Ihe required agreement wilh Ihe appmpriate LEA.
David C a l l a w a ~ Program Manager
Name of Authorized Official Tille of Authorized Offici al
Original Signature of Authorized Official Date Signed
New Provider Application for School Year 20092010 (Including Su mmer 2010)
Complete the Cover Page and Parts I through XII; submit by October 15,2009, to be eligible for consideration for the list of state
approved providers that becomes effective on March 1,2010.
If applying after October 15, 2009, complete the Cover Page and Parts I through XII; submit by March 15, 2010, to be eligible for the list
of stateapproved providers that becomes effective on August 23, 2010.
For Questions Contact:
Return to:
Cindy Watson
School Improvement Resource Center
Program AssistanUSIRC
Fax completed, signed cover sheet to: 512-919-5399
cindy.watson@escI3.txed.net
Email complete Application MSWord Format to:
512-919-5491
ses@esc13.txed.net
Supplemenlal Educalional Services Provider Application
School Year 2009-2010 (Including Summer 2010)
Tutors With Computers
Name of Provider (as entered on page 1)
Part I: Contact Information
A. Provider Contact for State Use - This contact person is the individual who the state will contacl regarding this application or
services provided wilhin Texas.
Name: David Callaway
Tille: Program Manager
Office Phone: 314 .264 .8080 Cell Phone:
Fax:
E-mail : tutorswithcomputers@gmail .com
Address: 2314 Creek Crossing Lane, Arlington, TX 76018
B. Provider Contact for District Use - This conlact person is Ihe individual who LEA personnel will contact regarding this application
or provider services.
~ Same as Provider Conlacl for Slate Use
Name:
Tille:
Office Phone: Cell Phone:
Fax:
E-mail:
Address:
-
C. Provider Contact for Parent Use (Texas conlact preferred) - This conlacl person is the individual whose name will be provided to
parents in the parental nolification letters and to whom parents in Texas should address their questions or concerns.
~ Same as Provider Contact for State Use o Same as Provider Conlacl for District Use
Name:
Tille:
Telephone:
E-mail :
Address:
D. 'echnology Contact for State Use - This contacl person will manage the technical features of the EZSES Management Syslem.
~ Same as Provider Ccntact for State Use o Same as Provider Contact for District Use
Name:
Title:
Fax:
E-mail:
Address:
2 SES 09-10
Supplemental Educational Services Provider Application
Name of Provider (as enlered on page I)
Part II: Program Summaries
Please provide brief descriptions of the program services, instructor qualifications, and evidence of effectiveness. Descriptions will be
published online and distributed to Local Education Agencies (LEAs). The descriptions are intended to provide parents information about
the services their children will receive. Each description should be clear and easily understood by individuals who are not educators and
should be limited to the space provided. Descriptions must also be provided in Spanish in Part III.
Marketing materials are not accepted.
A Description of Services
We offer an innovative and effective technology-based curriculum that provides services to students in the area of reading. It focuses on
improving a student's academic vocabulary and reading comprehension. The high-frequency academic vocabulary words explicitly taught
in the program are of particular benefit to English language learners. Students may access the program through a netbook, a handheld
computer or a touchtone phone. Students do not need to own or purchase any equipment to access the program. All materials necessary
for program participation are provided free of charge. Students proceed through the program at their own pace. Because of the technology
used to access the program, students can access it at a time and place convenient to them. The program is designed to be effective with
hard-to-motivate students who may not consistently attend.traditional tutoring sessions. Students may receive raffle tickets, gift cards or
other incentives valued at $50 or less as a reward for completing the program. (Net book and handheld technology, where provided, are not
considered incentives.) The first stage of the program consists of software-based phone tutoring through a tOil-free number and a
workbook. The second stage of the program is conducted via netbooks or handheld computers provided free of charge.
8 Description of Instnuctor Qualifications
The primary interface for the program is a software-based system accessed by atouchtone telephone, a netbook or a handheld computer.
The purpose of this program is to build student vocabulary and.comprehension. In some cases, we will also tutor students via phone or in
person. Such tutoring will be provided by Certified Teachers. It is our intent to target students who need to significantly improve their
reading fluency in particular for at home one to one tutoring.
Our Certified Teachers who provide direct student services have full state certification in the subject area where they provide instruction.
Our program is also supervised by a Certified Teacher.
You or your child may also be contacted frequently by Academic Coaches or one of our managers during the program, but this will not be
billed to the district. Many of these coaches are bilingual. They will provide encouragement and support while your child uses our
educational technology. They will also communicate with you regarding your child's progress.
C. Description of Evidence of Effectiveness
Students using our instructional system show consistent gains on curriculum based pre and post tests covering high-frequency
vocabulary. Students using the netbook or handheld computer show consistent gains on curriculum based assessments of critical
reasoning skills.
Effectiveness is further demonstrated by testimonials and data provided parents, students and teachers. Exemplary teacher appraisals of
stUdent performance in multiple subjects, including English, show the dramatic impact of our program on student academic perfonmance.
An analysis of transcripts of 15 randomly selected students who completed a substantial portion of our instructional program during the
2005-2006 academic year srows that 100% of the selected stUdents experienced significant improvement in their grades in at least two
courses. These students were served in two different school districts from February through June of 2006. Grades were compared from
before and after students were served . 47% of the students showed vast improvement (at least one full letter grade) in two or more
courses.
3 SES 09-10
Name of Provider (as enlered 00 page 1)
Part III: Program Summary (Spanish)
Please provide below the same brief descriptions of the program in Spanish as provided in English in Part II. Descriptions will be
published online and distributed to LEAs. The descriptions are intended to provide parents information about the services their children
will receive. The descriptions should be clear and easily understood by individuals who are not educators and should be limited to the
space provided. Marketing materials are not accepted.
A. Descripcion de servicio
EI programa de aprendizaje es un plan de estudios innovador y efectivo, con una base tecnolOgica, que entrega servicios aestudiantes
en el area de la lectura. Se centra en mejorar el vocabulario academico y la comprensi6n lectora del estudiante siendo la alta frecuencia
de palabras de lexico academico ensenadas de manera explicita en el programa particulamnente beneficiosa para aquellas personas que
estudian el idioma ingles. Los estudiantes pueden aeceder al programa mediante un computador portatil 0 un telefono de botones, no es
necesario poseer 0 comprar ningun equipo para entrar al programa. Los computadores portatiles y todo el resto de los materiales que se
requieren para participar son entregados en fomna gratuita por parte de el programa. Los alumnos avanzan en el programa asu propio
ritmo y, debido a la tecnologia m6vil que se utiliza, pueden ingresar en el momenta y lugar que consideren mas conveniente. Asimismo, el
programa esta disenado para ser eficaz con estudiantes que son dificiles de motivar y que no asistirian regularmente a sesiones de
instrucci6n tradicionales, Alumnos que terminen el programa academico pueden recibir como recompensa boletos para rifas, certificados
de regalo uotros incentivos de un valor de $50 0 menos. La primera etapa consiste en una tutoria lelefonica con base en software a
traves de un numero graluito; Read and Suceedl proporciona los IIbros de ejercicios, de manera que se puedan leer a medida que se
participa en el programa, La segunda etapa se lIeva a cabo utilizando computadores portatiles.
B. Descripcion de calificacion del instructor
La forma primaria de funcionamiento que se emplea para el programa es a traves de un sistema con base en software, al que se accede
mediante un telefono de botones 0 un computador portatil. Los miembros de nuestro equipo educativo son seleecionados de acuerdo a
tres descriptores laborales muy especificos. La Asociaci6n de la industria de la educaci6n ha desarrollado las primeras pautas voluntarias
sObre las capacidades de los tutores. Nuestras descripciones del puesto de trabajo cumplen 0 superan estas pautas; mas del 90% de los
actuales instructores academicos hablan espanol y cuentan con una importante experiencia en el trabajo con familias de aquellas
personas que estan aprendiendo ingles ademas de ser todos expertos en aspectos relacionados con la comunicacion entre los padres.
Asimismo, todos los tutores poseen habilidades basicas en el manejo de computadores personales y han sido capacitados en la
utilizaci6n del software de administracion de comunicaciones de el programa.
C. Descripci6n de comprobante de resultados
Los estudiantes del programa de aprendizaje el programa muestran mejoras constantes en las pnuebas diagnosticas basadas en el plan
de estudios, que tratan sobre ellexico mas comunmente utilizado. La efectividad ha sido ampliamente demostrada por testimonios e
informaci6n proporcionada por padres, estudiantes y profesores.
Las evaluaciones ejemplares realizadas por parte de profesores sobre el rendimiento de los alumnos en varias asignaturas, incluyendo
ingles, ponen de manifiesto el profundo impacto de Read and Suceed en el desempeno academico. Un analisis de transcripciones de 15
estudiantes elegidos al azar, y que completaron una parte sustancial del programa durante los anos academicos 2005 y 2006, evidencia
que ell 00% de los alumnos seleccionados demostraron una mejora significativa en sus calificaciones en al menos dos asignaturas.
Dichos estudiantes asistian ados distritos escolares diferentes, desde febrero hasta junio de 2006 y se compararon las calificaciones
antes y despues que realizaran el programa, Un 47% de los estudiantes demostr6 una notable mejora en dos 0 mas aSignaturas.
4 SES 09-10
Supplemenlal Educational Services Provider Application
Name of Pro>Ader las entered on page 1)
Part IV: Evidence of Financial Soundness
In order to be considered for the list of approved providers, the provider applicant musl demonstrate that the applicant entity is financially
sound. All provider applicants must be in good' standing with the State Comptroller's office (http://ecpa.coa.state.tx.us/coaJlndex.html), in that
they are not delinquent in the payment of any franchise taxes in Texas. The provider applicant must not have been Debarred or Suspended
from doing business with the federal government (http://www.epls.com).Allproviderapplicantsmustalsosubmitthefollowingmaterials. as
applicable:
Provider Applicant Materials Requested/Received tnctuded
The applicant is a local education A.
The Texas Education Agency has the applicable financial information on file.
0
agency.
The applicant is afor-profit entity that
has been in business for one year or
B.
An accrual balance sheet
0
longer.
The applicant is a sole proprietorship C.
A completed personal .financial statement form (Personal Financial
that has been in business one year or
0
Statements forms m a ~ be obtained through most financial institutions!
longer.
D. The applicant is a non-profit entity that
1. An accrual balance sheet
has been in business for one year or
0
2. A copy of it's current IRS 501 (c) (3) Letter
longer.
E The applicant has been in business All of the following for the previous three months of business:
between 3and 12months.
1. Budget
2. Cash-flow projection
~
3. Income statement
4. Accrual balance sheet
F. The applicant has been in business All of the following:
less than three months.
1. Budget
2. Cash-flow projection
3. Income statement, as available 0
4. Accrual balance sheet
5. Guarantee of a bank line of credit, aguarantee document signed by
the guarantor, or owner's financial reserves for a sole proprietorship
The applicant is an institution of higher G.
A copy of the acceptance letter from either the State Auditor Office or the
leaming such as a college or
0
Texas Higher Education Coordinating Board
university.
5 SES 09-10
TEXAS EDUCAliON AGENCY
School Year 2009-2010 (Induding Summer 2010)
Name of Provider (as enlered on page II
Part V: Program Information - Information provided below describes the program and services offered by the provider as they are
currently designed to be delivered, and the provider will deliver services in accordance with this information. The amendment
process is designed to allow for programmatic changes as they occur.
A. Provider Classification
0
Local educational agency (LEA)
0
Public school campus
0
Non-profit entity
0
Charter school
C8J
For-profit entity
0
Private school
0
Education Service Center (ESC)
0
Institution of higher education
B. Service Area
Please select one of the following boxes to indicate the service area where the provider is currently available, capable, and willing to
provide services. Do not mark a location where the provider is not currently available, capable, and willing to provide services.
C8J Statewide: Checking this box indicates the provider is willing to service all schools in the State of Texas.
o Region-wide: Indicate Education Service Center Region number(s). Please see the Texas Education Agency (TEA) Website
available at htlp:/Iwww.tea.state.tx.us/to locate Education Service Center region number(s).
01 02 03 04 05 06 07 08 09 010 011 012 013 014 015 016 017 018 019 020
o LEA-specific: Indicate the TEA issued County-District Number and lEA name for each LEA to which the provider is available to
render Supplemental Educational Services. Please see the Texas Education Agency Website available at http://www.tea.state.tx.usJ
to locate County-District Numbers (please see application instructions).
County-District Number (no dashes) District Name
6 SES 09-10
D Campus-specific: Indicate the TEA issued County-District Number and LEA name for specific campuses. In addition, indicate the
TEA issued Campus Number and Campus Name for each campus to which the provider is available for providing Supplemental
Educational Services. Please see the Texas Education Agency Website available at http://www.tea.state.tx.us/to locate County District
Numbers and Campus Numbers (please see application instructions).
Campus Name Campus Number (no dashes)
-
7 SES 09-10
I
School Year 2009-2010 (Including Summer 20(0)
Tutors W ~ h Computers
Part V: Program Information (continued)
C. Availability of Services
1. Services must take place outside the regular school day. Eligible high school students who attend classes only part of the day
may receive services during non-instructional times such as lunch, study 'hall. off periods, etc.
Identify when the services would be available.
[8] Before school [8] After school [8] Weekends [8] Intercessions
[8] Summer [8] Non-lnstructionallPeriods during the school day (secondary students only)
o Other (Specify) __
2. Identify the days services are available.
[8] Sunday [8]Monday [8] Tuesday [8] Wednesday [8] Thursday [8] Friday [8]Saturday
D. Student Population
1. Indicate grade levels that the provider is currently prepared to serve.
[8]K [8]1 [8]2 [8] 3 [8]4 [8]5 [8]6 [8]7 [8]8 [8]9 [8]1,0 [8] 11 [8]12
2. Indicate to which of the following groups the organization will provide tutoring services.
[8] Low-income Students [8] Migrant Students [8] 504 Students
[8] English Language Learners [8] Students with Disabilities [8] Homeless Students
D Other Groups (Describe) __
3. Will the provider accept all students? [8] Yes D No
If "No," what selection criteria will the provider use to select/accept students? __
4. Whal is the minimum number of students thai must select the provider for the provider to agree to provide services?
1per D Campus or [8] District
E. Location of Services
1. Indicate where services will be delivered.
[8] Internet-based services
Please indicate location(s) where internet services canlwill be accessed:
[8] Home D School D Other (Specify) __
[8] Student's campus
[8] Other (PhYSical addressllibraries/cafes
2. If services are delivered in a location other than the student's campus, will transportation be provided? DYes [8] No
F. Subject Areas Indicate all subjects for which tutoring will be offered.
[8] Reading D Writing D Math [8] English as a Second Language o Science
8 SES 09-10
TEXAS AGENCY
Supplemental EducaUonal Services Provider Application
Name of Provider <as entered on page t)
Part V: 'Program Information (continued)
G. Types of :Instruction Available - Indicate the mode through which services will be delivered.
I25l Computer-based software program I25l Distance Learning Individual
D Small Group (Enter the MAXIMUM number of students accepted per small group session):__
H. TutorPupii Ratio: 1tutors per 1students
I. Hours ,per Session
1. What is the average number of hours provided to each student Der tutoring session? 112 hour
2. What is the average number of tutoring sessions provided during the duration of the program per student per year? 40
3. Is the provider flexible in the duration of each tutoring session to accommodate the campus?
I25l Yes, negotiable. D No, only the duration indicated.
J. Cost of Instruction,
Hourly Rate: $92lhr - Enter the cost per student for each individual tutoring session.
Hourly Rate: $ Ihr - Enter the cost per student for each illQ!!Q tutoring session.
Part VI : Program History
A. How long has the applicant been providing tutorial or other supplemental education services?
I25l Less than one year
D At least 1year but than 2years
D At least 2 years but fewer Ihan 5 years
D At least 5 years but fewer than 10 years
D More than 10 years
B. How long has the applicant worked with underachieving, low-income students?
I25l Less than one year
D At least 1year but fewer than 2years
D More than 10 years
9 SES09-10
Supplemental Educational Services Provider Applicalion
Name of Provider (as entereO on page 1)
Part VII: Instructor Qualifications - Please indicate the minimum qualifications of the individuals employed! to deliver services to
stucternts.
A. Perscnnel who will provide the supplemental educational services:
~ Teachers (See question B)
D Paraprofessionals under the direct supervision of a teacher (See question C)
D Other (See question D)
B. If "Teachers" is marked in question A above, what qualifications does the provider require of its teachers?
~ Full state certification in the subject areas in which the teacher teaches
D Bachelor's degree in related field
D Graduate degree in related field
D Specific number of college credit hours in related field. Indicate number of hours:
D Other (Specify)__
C. If "Paraprofessionals" is marked in questioffil A above, what qualifications does the provider require of its paraprofessionals?
D At least 2years of study at an institution of higher education
D An associate's (or higher) degree
D Aformal academic assessment of knowledge of, and the ability to assist in instructing reading, writing, and mathematics
D A formal academic assessment of knowledge of, \lnd the ability to assist in instructing reading readiness, writing readiness, and
mathematics readiness, as appropriate
D Other (Specify) __
D. If "Other" is marked in question A above, what qualifications does the provider require of personnel in this wtegory?
D At least 2 years of study at an institution of higher education
D An associate's (or higher) degree
D A formal academic assessment of knowledge of, and the ability to assist in instructing reading, writing, and mathematics
D A formal academic assessment of knowledge of, and the ability to assist in instructing reading readiness, writing readiness, and
mathematics readiness, as appropriate.
D Other (Specify)__
10
School Year 2009-2010 (Including Summer 201 0)
Part VIII : Researchbased
In a concise format. provide a description of the research base upon wmich the program is built or designed. The response must be
limited to the space provided. Anything beyond this one page limit will not be scored. (Please see Tips for completing the
application on the SES Website).
Our program will license the RapidResults instructional system from our parent company. There is exemplary evidence for the research
base for this system. Our IVR enabled' software for developing high-frequency vocabulary recognition is based on a large amount of
scientific research. A 1995 synthesis of the research on vocabulary acquisition conducted at the University of Oregon's National Center to
Improve the Tools of Educators states "The connection between reading comprehension and vocabulary knowledge is strong and
unequivocal" (Baumann & Kameenui , 1991; Paul & O'Rourke, 1988; Stanovich, 1986). 'Recent research indicates that vocabulary
instruction can be made much more efficient from the standpoint of increasing reading comprehension simply by focusing on more
commonly occurring words (Coxhead, Averil (2000) A New Academic Word List. TESOL Quarterly, 34(2): 213-238). Students can leam
roughly 87.1 % of the words appearing in aCOllege level textbook by mastering 2,570 high-frequency words (Leaming Vocabulary in
Another Language, I.S.P. Nation (200'1)).
Because even students with similar vocabulary size know different words, educational software is a perfect solution for individualizing
instruction. Dr. Thomas Cobb showed the effectiveness of computer-aided vocabulary instruction in a 1997 controlled study and noted:
Vocabulary has always been seen as one of the most computerizable of learning tasks, mainly because of the apparently manageable
size of the learning unit, and also because of the huge variance in learners' prior knowledge. The classicmeasure of this variance is a
study by Saragi , Nation, and Meister (1978). (From Concord to Lexicon: Development and Test of a Corpus-Based Lexical Tutor. Cobb,
Thomas. PhD Thesis, Department of Educational Technology, Concordia University, Montreal , Quebec, Canada (January, 1997).
We intend to use Direct Instruction materials for one to one tutoring of certain students requiring fluency interventions by CERTIFIED
TEACHERS. Also, our technology based programs for improving vocabulary and critical reasoning are based on the principles of Direct
Instructions. Both areas benefit from Direct Instruction's outstanding research base. According to Dr. Bonnie Grossen's research survey,
The Research Base for Corrective Reading, ' The large research base of Corrective Reading distinguishes it from the vast majority of
other reading programs."
Dr. Grossen cites a particular study by Vi tale, Medland, Romance, and Weaver (1993) that evaluated the effects of Corrective Reading
relative to other Title I programs in a large urban school district in Texas. The study compared scores of a control group on the Iowa Test
of Basic Skills (ITBS) with agroup of Corrective Reading students: ' On Total Reading the Corrective Reading group gained 1.6 months
per month of instruction compared to only .8 per month of instruction for other [Title I} students.. . " Another Corrective Reading study cited
by Dr. Grossen in Lee County, Alabama, (1997) found sixty-one of 75 at-risk students showed significant gains and forty-three (57%)
moved out of the at-risk category.
The netbook and handheld technology used in our program is also backed by persuasive research. SRllntemational completed a large
scale study of 102 classrooms using Palm Pilots during the 2001-2002 academic year. The study found aso-called ' personal use"
strategy such as that employed in our program was ' more likely to increase students' time spent on school work outside of school time,
organization, homework completion [and} technology proficiency." The study also documented that "approximately 90% of PEP [Palm
Evaluation Project],teachers stated that handhelds are an effective instructional tool. ' (Final Evaluation Report, SRI International, 2002).
Our professional development also has a solid research base. Instructional staff receive training in both the technology and direct
instruction portions of our program that is based on extensive research on training paraprofessionals to effectively implement Direct
Instruction programs. Relevant citations include: Using Paraprofessionals to Deliver Direct Instruction Reading Programs. Effective
School Practices , Fall , 1999. Delivering Feedback on Teaching Performance to Improve Student Instruction. Effective School Practices,
Fall , 1997. Making the Most of Instructional Time: Teaching Reading at n Accelerated Rate to Students at Risk, Journal of Direct
Instruction, Winter, 2002.
Finally, the National Reading Panel Report (2002) strongly supports our modes of instructional delivery (computer assisted and one to
one reading instruction) for students with reading difficulties, and research indicates that the location of tutoring services is an important
factor in whether students participate, particularly low income students. (Shanahan, T. (1998) "On the effectiveness and limitations of
tutoring in reading ," Review of research in education (vol. 23, pp.217-234).)
11 SES 09-1 0
Supplemental Educalional Services Provider Application
Name of Provider (as entere<! on page 1)
Part IX: Program Design
In a concise format , provide a description of and the rationale for the instructional design, the mode of delivery (one-on-one, online
instruction, small group, etc.) , and the instnuctional materials and resources to be 'used. The response must be limited to the space
provided. Anything beyond this one page limit will not be scored. (Please see Tips for completing the application on the SES
Website).
Our teaming program offers powerful learning technotogy. We offer a proven and effective curriculum that increases student achievement
in English-language arts through intenSive instruction in reading comprehension skills. tn the first phase of the program, high-frequency
words are taugmt over the phone via an IVR (interactive voice response) computer system. Students use their phone keypad or voice to
interact with our software from their home phone. This technology will allow students to start the program before receiving a netbook or a
handheld computer. It will also allow them to learn using more modalities, as they can hear how words are pronounced over the phone
while reading along in their workbook. The provision of a netbook or a handheld computer follows substantial participation on the IVR
system (up to 40 hours depending on the student) and is an essential component of the program. The net book or handheld computer
allows students to access the program remotely at a time and place that is convenient to them. Students work at their own pace to pass
mastery tests. This technology-based approach combined with strong incentives helps the program succeed with students who require
special motivation to participate in supplemental programs. (The value of incentives is based on a schedule of reasonable valuations
rather than actual cost, which can vary greatly, include taxes and other charges or even be zero--in the case of donations--{Jepending on
location. Raffle tickets are valued at a reasonable estimation of the face value of the raffle ticket, not based on the potential prize value.)
Another important aspect of the program is one on one interaction with our academic coaches and/or phone tutors. The role of our staff is
to motivate students, involve parents and' provide academic support where needed. These interactions are not billed to districts unless
they are performed by a Certified Teacher. Our program bills only for time students spend using our educational technology or time spent
.by our Certified Teachers. Our program is supervised by aCertified Teacher. Certified Teachers will review student progress and also
perform direct instruction with some students. This will be done via phone or in their home. This instruction will always be performed one
to one and will normally cover either the RapidResults Vocabulary Curriculum or the Direct Instruction Corrective Reading Decoding
strand. The program's design is supported by a diverse base of academic research. We engage students who may otherwise refuse
supplemental educational services due to lack of transportation, low motivation or other reasons. Our instructional model has a
demonstrated record of effectiveness in improving student achievement on valid and reliable assessments developed in accordance with
the standards for validity andl reliabi lity as set forth in Standards for Educational and Psychological Testing. During the IVR portion of the
program, students learn high-frequency vocabulary words according to their academic usefulness and learning burden. This high-quality
instruction makes the best use of the student's time; the size of our curriculum .is so great that most students will onty complete a portion
of it, but it is organized such that students who do not finish the entire program will have covered the most generalizable skills first. The
IVR portion of the program is also very engaging for students---Jt requires frequent student interaction, and uses customized stories and
music as well as practice sentences to illustrate the meaning of high-frequency vocabulary. It also includes entertaining music and humor
to keep students engaged while reinforcing the academic skills taught in the program. To use the IVR system, students must enter a
unique 10giniD and passcode. We consider this to be a valid electronic signature that meets LEAs needs for signatures that confirm
student altendance. Because of the "digital divide", many low income students do not have convenient access to computers. After
completing the phone portion of the program, students receive netbooks or handheld computers containing our unique software for
improving critical reasoning and academic vocabulary skills. Our special interface allows students to rapidly respond. All skills are taught
to mastery. Part of providing high-quality supplemental services to students who have experienced academic failure is the sophisticated
management of student incentives such that they effectively motivate students while building intrinsic motivation and a love of learning,
and our program is exemplary in this area. We engage students through the use of incentives that are meaningful to students. Our
program does NOT offer incentives to parents for enrolling their children in the program. Some school districts have adopted policies
regulating incentives provided to students during their program participation, and our program shares its student incentive policy with
these districts. Our policy clearly outlines that tools used for delivery of educational services which might include phones, phone service,
netbooks, handheld computers, desktopllaptop computers, intemet connectivity and workbooks are not considered incentives. Students
will be given a diagnostic placement test at the beginning of our program, and this helps organize and present instruction to meet the
specific achievement goals for each student. An initial learning plan will ,be created before the student takes the diagnostic placement test.
This plan will specify whal the student's learning goals will be as a result of the placement test score. The program is organized as a
series of tracks, and students are placed in the most appropriate tracks for meeting their specific achievement goals. Once the diagnostic
test is completed a supplement to the student's learning plan will be created to reflect the resulting learning goals. Different tracks may
overlap, but they typically present different skills, different pacing or different amounts of content. The presentation of skills is sequenced
to ensure students meet their specific achievement goals.
12 SES09-10
TEXAS EDUCAnON AGENCY
School Year 2009-2010'(lncluding Summer 2010)
Name of Provider (as entered 011 page 1l
Part X: Demonstrated Record of Effectiveness
In a concise fomnat. provide evidence demonstrating that the program is of high quality and that the applicant has been effective in raising
the achievement levels of students who have received services. Use evidence from standardized tests, such as the Texas Assessment of
Knowledge and Skills, or by other methods, such as student grades, teacher assessments, surveys, questionnaires, improved student
attendance, retention/promotion rates, graduation rates, and/or other measures. The response must be limited to the space provided.
Anything beyond this one page limit will not be scored. (Please see Tips for completing the application on the SES Website).
Our program's record of effectiveness has been established by our parent company. After an initial placement test, our program monitors
student progress during instruction--student responses are recorded to assess student skills during the instructional process. As a result,
a separate curriculum based non-instructional assessment does not need to be administered' to gauge student progress. Below is a
sample of 456 students who completed five RapidResults workbooks covering the highest frequency vocabulary taught in the program in
2009. The RapidResults Instructional Assessments were developed in conjunction with an experienced psychometrecian. The
assessments are valid and reliable indicators of student knowledge of high frequency vocabulary:
Gains in High Frequency Vocabulary Knowledge by 456 students using RapidResults
Total Students in Sample 456
# Students with Gain 442
%Students with Gain 97%
Average gain 23.3 points
Average Pretest score 61 %correct
Average Posttest score 84% Correct
Average % rank Pre 50th
Average % rank Post 95th
Space limitations preclude inclusion of all 456 student scores. TAKS scores are not yet available for the above students. The above
curriculum-based assessments were developed in consultation with Dr. Brian Bontempo, an experienced psychometrician, to ensure their
development in accordance with the standards of validity and reliability as set forth in Standards for Educational and Psychological
Testing (1999). According to Dr. Brian Bontempo's reports, because the pre- and post- tests are curriculum based assessment that map
directly to the skills taught in the program, each of these exams show face validity and a high level of reliability (.82).
As another example of the program's effectiveness, a middle school English teacher who administered the STAR Reading Assessmenl to
her 7th grade students in the fall of 2004 and the spring of 2005 also showed exemplary growth. Of the 90 students that were tested, 23
participated in our program. The average increase in reading was 1.74 grade levels. The majority of students were low income and
children of color.
District standardized tests also indicate the effectiveness of the program. A sample of 51 students in a Calffornia school district using our
system in the 2004-2005 academic year shows adramatic improvement in their RLA (reading language arts) scores. The average
increase in scores for these students was 8.38 points.
In addition to the above data, we were able to obtain pre and post TAKS scores on 20 Dallas students who completed a substantial
amount of the program before spring testing in 2008. Not all of these students reenrolled the next year. Space limitations do not allow
inclusion of all 20 scores on this page, bul the results are in the table below:
Number of Students Average 2007 TAKS Reading Average 2008 TAKS Reading Average Increase
20 2044 2127 83
The sludenls conlinued the program after spring lesting, so their Irue gains are likely to be underslaled subslanlially in Ihe above table.
A random survey of 142 parents of currently enrolled students was completed on March 291h, 2009:
99% of parenls believe the program is of high quality
77% of parenls have already seen an improvement in their child's academic achievemenl
47% of parents report an improvement in their child's school attendance
91 %of parents Ihink their child is more likely 10 graduate from high school because of the program
A randiam sample of 16 sludent report cards showed 75% of active students improved their grades in EngliSh over two scoring periods.
13 SES 09-10
TEXAS 'EDUCATION AGENCY
School Year 2009-2010 (Induding Summer 2010)
Tutors WHh Computers
Name 01 Provider (as entered on page 1)
Part XI: Alignment to State and Local Curriculum and Instruction
In a concise format, provide evidence demonstraling lhat the services will be aligned with the Texas Essential Knowledge and Skills
(TEKS) and the Texas Assessment of Knowledge and Skills (TAKS). You may find additional informalion about the Texas Essential
KnOWledge and Skills Texas Assessment of Knowledge and Skills online at http://ritter.tea.state.tx.uslteksl and
http://ritter.tea.state.tx.uslstudent.assessmenV respectively. The response must be limited to the space provided. Anything beyond this
one page limit will not be scored. (Please see Tips for completing the application on the SES Website).
Examples of TAKS Objectives and Aligned RapidResull<> CurriaJlum Objectives
TAKS Objective TEKS TargetTEKS Aligned RapidResults Objec1ive and Goal Linkage to TEKS
TAKS Objective-3: EtA: The
student will demonstrate the
ability 10 analyze and critically
evaluate cutbJrally diverse writlen
texts and visual representations.
TAKS Objectve-2: Elk The
student will deroonstrate an
understanding of the effects of
literary elements and techniques
in culturally diverse written texts.
Target TEKS 12:
Reading/analysis/evaluation. The
student reads critically to evaluate lexts
and the authortty of sources. The student
is exoected to:
TargetTEKS 11 : ReadingJlileraIY
concepts. The student analyzes literary
elements for their contributions to
meaning in literary texts. Tile student is
expected to:
11.12A the
characteristics of clearly
written texts, including the
patterns of organization,
_sy_ntax, and word choice
Master unknown high frequency vocabulary
words. The students first vocabulary mastery
target is to learn 100 or more previously
unknown "advanced or academic (or higher
level) Enolish vocabularv words.
VocabulaIY
knowledge is
required 10 analyze
Iexts. especially
word choice.
11.110 the
mekxlies of literary
language, including its use
of evocative words and
rhythms
Fluently read diverse texts. The
students will improve their oral reading nuency.
Their goal is to complete 2.7 items per minute.
Fluent reading
ability is required to
analyze the melody
ollexts,
rhythms.
TAKS Objective-I : EtA: The Target TEKS 6: Readinglword 11.6C meanings of Leam meanings of H9h Frequency prefIXes, Understanding of
student will demonstrate a basic identiricaUonJvocabulary development. prertxes, roots, and suffIXes roots and suffIXes. The student will develop frequency
understanding of The student acquires an extensive in order to comprehend ooncentration and basic cognitive skills such prertxes, roots and
diverse written texts. vocabulary through reading and
systematic word study. The student is
expeeled to:
as the ability to memoriZe new definitions and
follow directions. Their goal is to complete 96%
of vocabulary exercises within three attempts.
suffIXes is needed
to their
meanings
The above table shows examples of alignment between our program and both Texas Essential Knowledge and Skills (TEKS) and the
Texas Assessment of Knowledge and Skills (TAKS.) By focusing on fundamental vocabulary and cognitive skills, our instructional
program is highly aligned with the Texas Essential Knowledge and Skills (TEKS) and the Texas Assessment of Knowledge and Skills
(TAKS). For example, the Texas Essential Knowledge and Skills (TEKS) includes "Reading/vocabulary development" in its knowledge
and skills section. The student acquires an extensive vocabulary through reading and systematic word study. An as example: The
student is expected to, among other goals, distinguish denotative and connotative meanings (for grades 6-8), In the course of developing
high-frequency vocabulary in our program, students study the meanings of "denote" and 'connote" using a maslery instructional method.
There is direct alignment between both a general emphasis on vocabulary development and the particular words taught in our program
wilh the Texas Essential Knowledge and Skills,
As another dimension of alignment, the Texas Essential Knowledge and' Skills emphasizes 'Reading/comprehension, ' The student
comprehends selections using avariety of strategies, The stUdent is expected to use a number of strategies which are supported by our
program, As an example: One particular skill is to draw inferences such as conclusions or generalizations and support them with text
evidence and experience (for grade 4-8), In the course of developing inference skills (which are explicitly taught and assessed in our
program), studenIs will be suppcrted in acquiring this skill. There is a direct alignment between both the general emphasis on
Reading/Comprehension as well as certain specific sub-skills in both our program and Texas Essential Knowledge and Skills (TEKS.)
Yet another important dimension of alignment is the area of "Readingnnquiry/research.' The student inquires and conducts research using
a variety of sources, There is strong alignment between the cognitive critical reascning skills taught in our program and this area. As an
example: The student is expected to, among other skills; use multiple scurces, including electronic texts, experts, and print rescurces, to
locate information relevant to research questions (for grades 4-8). In the course of developing relevance skills (which are explidtly taught
and assessee! in the program), students will be supported in acquiring this skill. There is direct alignment between both the general
emphasis on inquiry (or critical reasoning) as well as direct alignment of certain specific sub-skills in both our program and Texas
Essential Knowledge and Skills (TEKS,)
The Direct Instruction materials used to intervene via phone or in person with students with serious decoding problems are also well
aligned with the Texas Essential Knowledge and Skills (lEKS). (Aligned skill instruction indudes fundamentals that appear throughout
the elementary level of TEKS, such as print and phonological awareness, reading grade level materials fluently, and decoding using
letter-scund relationships.) This is evidenced both by the alignment of the skills, such as phonemic awareness, that are systemically
taught in the Direct Instruction programs and the dramatic improvements of low income studenls on the Texas Assessment of Knowledge
and Skills (lAKS). For example, 89% of grade three students in Fort Worth passed the TAKS reading standards after the district installed
Direct Instruction programs. A complete of the Direct Instruction program materials with TEKS has been completed by professional
educators is available from the publisher.
14 SES 09-10
Name o ~ Provider (as entered 00 page 1)
Part XII : Process to Address Parent Complaints and Concerns (Required)
In a concise fonmat, describe the process in place to resolve any parent complaints or concems that may arise. The response must be
limited to the space provided. Anything beyond this one page limit will not be scored. (Please see Tips for completing the
application on the SES Website).
Our program has a specific process for parents to submit complaints or concerns for prompt resolution that is described below. Parents
sometimes do not follow this process, and we still attempt to address their concerns as described below. It is our policy to address parent
concerns promptly and professionally. We will provide an initial response to all parent concerns within one business day.
Parents will be notified of our Official Process for addressing concerns at the start of each school year.
Step 1) Concem communicatec by Parent
Parents are encouraged to express concerns in one of the following ways:
1) Parent calls our toll free number and explains concem
2) Parent mentions concern when called by an Academic Coach
3) Parent mentions concern during home visit by local field rep
4) Parent emails concern via our website
Other ways we may discover a parent concem:
1) Concerns communicatec by parents to school SES liaison
2) Concerns communicatec by parents to school principal
3) Concerns communicatec by parents to SES administrator at district office
Step 2) Categorize concern and language spoken by Parent within one business day
Routine Concerns and Standard Resolutions
2a) Inquires as to why SES enrollment forms are unavailable at child's school
Standard Proposed Resolution: Parents are reminded of eligibility requirements and referrec to district SES administrator.
2b) Inquiries as to why student was not assigned to Read and Succeed by district
Standard Proposed Resolution: Parents are reminded of eligibility requirements and referred to district SES administrator.
2c) Requests to be called less frequently
Standard Proposed Resotution: Tutors With Computers will update internal Reduced Call Frequency lists.
2d) Requests for reptacement o[ lost educational materials
Standard Proposed Resolution: local manager will deliver replacement materials.
Step 3) Routine concerns: A local program representative will communicate proposed resolution for concern to Parent.
3a) Parent will be contacted by a local program representative who speaks a language the parent can understand.
3b) If proposec resolution is not acceptable to parent, a local manager will be notifiec to contact parents.
Step 4) SpeCial concerns and' routine concerns unresolved to parent satisfaction will be elevated.
4a ) Parent will be contactec by our program director or another member of top management
4b) If necessary, a translator wi ll be present on the call.
4c) Concern will be resolved to parent satisfaction.
4d) If concern cannot be resolved by Tutors With Computers, parent will be notified of local district and TEA NClS complaint processes
Step 5) If concem was initially communicated by school or district personnel, notify them in writing of the resolution.
15 SES 0910
Part Xllt: Provisions and Assurances
By checking each assurance, the provider agrees to comply with the following in order to remain on the state-approved list of providers
~ A. The provider shall provide parents of children receiving supplemental educational services under P.L. 107-110, Section 1116(e)
and the appropriate LEA with information on the progress of the children in increasing achievement, in a format and, to the
extent practicable, a language that the parents can understand.
~ B. The provider shall ensure that the instruction provided and the content used by the provider are consistent with the instruction
provided and content used by the LEA and state (Texas Essential Knowledge and Skills-TEKS), and are aligned with state
student academic achievement standards (Texas Assessment of Knowledge and Skills-TAKS).
~ C. The provider shall meet all applicable federal , state, and local health, safety, and civil rights laws.
~ D. The provider shall ensure that all instruction and content offered under P.L. 107-110, Section 1116(e) are secular, neutral , and
non-ideological.
~ E. The provider ensures compliance with the Family Educational Rights and Privacy Act (FERPA) of 1975, as amended (ensures
access to educational records for students and parents while protecting the privacy of such reoords), and any regulations issued
thereunder, including Privacy Rights of Parents and Students (34 CFR Part 99), if the contractor is an educational institution.
~ F. The provider is financially sound.
~ G. In the event of its selection by a parent as the supplemental educational service provider for a child, the provider shall enter into
an agreement with the applicable LEA. This agreement shalf
be developed by the LEA in oonsultation with the parent and the provider chosen by the parent, and shall include the
following:
a statement of specific achievement goals for the student;
a description of how the student's progress will be measured; and
a timetable for improving achievement that, in the case of a student with disabilities, is oonsistent with the student's
individualized education program (IEP) under section 614(d) of the Individuals with Disabilities Education Act and in
the case of a student oovered under Section 504, this must be oonsistent with the provision of an appropriate
education under Section 504.
describe how the student's parents and the student's teacher or teachers will be regularly informed of the student's
progress.
provide for the termination of such agreement if the provider is unable to meet the goals and timetables.
contain provisions with respect to the making of payments to the provider by the LEA.
prohibit the provider from disclosing to the public the identity of any student eligible for, or receiving, supplemental
educational services under P.L. 107-110, Section 1116(e) without the written permission of the student's parents.
~ H. The provider shall respond to LEA requests for information within ten business days in order to be considered as a viable
provider for that district.
~ I. The provider applying for approval as a supplemental educational services provider through this application is the provider that
will deliver services to students. SES services to students may not be sub-contracted unless the sub-contractor is also a state
approved SES provider.
~ J. The provider shall comply with all requests of the Texas Education Agency and the School Improvement Resource Center
regarding provider information, monitoring, evaluation, and oompliance processes and procedures.
Name of Provider <as entered on page 1)
Part XIII: Provisions and Assurances (continued)
[8J K. The provider s ~ a l l amend the approved application within ten business days of a change in services as outlined within the
application.
[8J L. The provider shall abide by the Code of Professional Conduct and Business Ethics for Supplemental Educational Services
Providers, adapted from the Education Industry Association Code of Professional Conduct and Business Ethics for
Supplemental Educational Services Providers, as outlined on the following page of the apptication, or the provider may be
removed from the list of state-approved providers.
[8J M. The provider shall adhere to contracted services with LEAs. An LEA's termination of a provider for not adhering to contracted
services may result in removal from the state approved list of providers.
[8J N. Online or distance learning providers shall provide access to tutoring sessions/lessons for monitoring purposes as requested by
the Texas Education Agency.
[8J O. The provider ensures that any learning tools offered as a means of Supplemental Educational Services delivery, will be
provided to every student enrolled (Le. , one household with 3 students enrolled will receive 3 learning tools).
[8Jp
Provider agrees to supply quality-condition learning tools offered as a means of Supplemental Educational Services delivery, no
later than 10 days from the date services are scheduled to commence.
[8J Q
Providers will comply with the policies and procedures of the LEAs regarding criminal background checks for all individuals of
the organization having contact with or who are in close proximity to children.
[8J R. Provider agrees to use the statewide EZSES Management System.
~ S
Provider agrees to provide evidence that provider instructional methods and content are aligned to TEKS and TAKS, are of high
quality, research-based, and designed to increase student academic achievement.
~ T. The provider is in good standing with the State Comptrollers office (http://ecpa.cpa.state.tx.us/coallndex.html) , and is not
delinquent in the payment of any franchise taxes in Texas.
~ U. Provider agrees to inform the state upon removal from another state's list of approved SES providers.
17 SES09-10
Name 01 Provider las entered on page 1l
Code of Business Ethics for SES Providers
The following was adapted from the Education Industry Association's Code of Professional Conduct and Business Ethics for
Supplemental Educational Services Providers amended January 8, 2008, with permission granted from the Education Industry
Association.
In the conduct of business and discharge of Providers commit to:
1. Conduct community outreach and student recruitment and to serve students fully consistent with the terms of their stale-approved
application and all state and locali policies.
2. Conduct business honestly, openly, fairly, and with inlegrity.
3. Comply with applicable laws, statutes, regulations and ordinances.
4. Avoid known conflicl 01 interest situations.
5. Never offer or accept illegal payments lor services rendered.
6. Apply these guidelines and standards throughout the company by insuring all employees understand them and act accordingly.
7. Refrain from publicly criticizing or disparaging other providers.
8. In the case of any connict, first attempt resolution directly with each other. However, the parties involved may ask EIA to help mediate
potential dispules.
9. Comply with the confidentialily and nondisclosure provisions of all applicable lederal, state and local laws, including those relating to
student identity, records, reports, data, scores and other sensitive information.
10. Be factual and forthright in reporting and documenting attendance rates, effecliveness of their programs, and in explaining the
theoretical/empirical rationale behind major elements 01 its program, as well as the link between research and program design.
11 . Take appropriate corrective action against provider employees, consultants or contractors who act in a manner detrimental to the letter or
spirit of this (:Ode.
12. Take immediate steps to correct any actions on its part that willfully or inadvertently violate of the letter or spirit 01 this code.
Standards Specific to SES
EIA Members will consistently implement the NClB Supplemental Services provisions and promote full access to SES services. To
that end, Providers Shall:
1. Not compensate school district employees personally in exchange for access to facilities, to obtain student lists, to assist with marketing or
student recruitment, to promote enrollment in a provider's program at the exclusion of other providers, to obtain other similar benefits for
their SES program, or for any illegal purpose.
2. Not employ any district employees who currently serve the districts in the capacity of Principal, Assistant Principal, or school or district SES
Coordinator.
3. Not employ any individuals, including teachers, parents or community leaders, who have any governing authority over a school district or
school site. The sole exceplion shall be in school districts that are considered rural and where there are few providers.
4. Not hire school-employed personnel for any purpose other than instructionrelated services or program coordination, as described in item
#3 in the next section below.
18 SES 09-10
'TEXAS EDl!CATION AGENCY
Supplemental Educational Services Provider Renewal Application
Name of Provider {as entered on page 1
Code of Susiness Ethics for SES Providers (continued)
5. Not make payments or in-kind contributions to schools or school personnel, exclusive of customary fees for facility utilization in,exchange
for access to facilities, to obtain student tists, to increase student enrollment, to obtain other similar benefits for their SES program or for any
illegat purpose.
6. Not misrepresent to anyone, including parents (during student recrUitment) , the location of a provider' s program, principal/district or state's
approval of a provider, or the likelihood of becoming so approved.
7. Not offer astudent, parent or teacher any form of incentive for signing-up a student with a provider. This includes restricting the promotion
of any allowable attendance or performance incentives to the period following student enrollment. Only then may the provider inform the
student of any incentives that are directly linked to attendance or performance in SES.
8. Not sponsor promotional events including pizza parties on school grounds for student recruitment that are for the sole benefit of asingle
provider. The preferred practice is for the school to organize such recruitment events that are for the benefit of all providers, accepting
votuntary sponsor.;hip from providers.
9. Not employ, offer compensation, or offer anything of value to any students due to confidentiality of data requirements.
10. Not use adistrict enrollment form that has the selected provider's name pre-printed as part of the form. Any facsimile of the enrollment form
used to demonstrate how to accurately complete it must be clearly marked as "SAMPLE' and this facsimile shall in no way be used to
actually enroll the student.
11. Not encourage students/parents to switch providers once enrolled. A student is considered enrolled once the District has issued the formal
student / Provider selection list.
Providers MA Y:
1. Provide simple door prizes of a nominal value (approximately $2 per prize) and refreshments to potential students and their families, while
attending informational sessions.
2. Offer enrolled students performance rewards with a maximum value of $50 that are directly linked to documented meaningfut attendance
benchmarks and/or the completion of assessment and program objectives. These incentives shall not be advertised in advance of actual
enrollment.
3. Employ a parent of an SES-eligible student subject to the following conditions. Each parent of an eligible student who is hired by a provider
must have a written job description and must be compensated on the same basis as all other employees of the provider who perform similar
work. No parent may receive any commission or olher benefit related to the enrollment of his or her child in a provider's program, nor maya
parenl be subject to any employment action by the pro";der on account of the parent's selection of an SES program for his or her child.
4. Employ school district employees (subject to items #2, #3 and #4 in the pre";ous section above) for instruction-related services or program
coordination purposes as long as the person does not restrict the marketing or enrollment opportunities of other providers, subject to District
policies governing conflict of interests and other District-imposed requirements. However, tutors who are currently employed by the school
district may not recruit students.
5. Include in tutor compensation, incentives for student achievement consistent with acompany's written poticy.
19 SES 09-10
EXHIBIT B
EXHIBIT B
EDINBURG CISD
TYPE DATE EZSES INVOICE NUMBER TERMS DUE DATE INVOICE AMOUNT
Invoice 10/31/2009 2009-10-194-52-324 Net30 12/1/2009 $ 24,630.88
Invoice 11/ 30/ 2009 2009-11-194-52-911 Net30 1/1/2010 $ 330,780.90
Invoi ce 12/3 1/ 2009 2009-12-194-52-1643 Net 30 1/30/2010 $ 61,331.65
Invoice 1/31/2010 2010-1-194-52-2987 Net 30 2/ 28/2010 $ 43,323.60
Invoi ce 2/ 28/2010 2010-2-194-52-4585 Net 30 3/2/2010 $ 24,611.13
Invoice 3/2/2010 2010 -3-194-52-5073 Net 30 4/1/2010 $ 745.23
Invoice 3/31/2010 2010-3-194-52-8614 Net 3D 4/30/2010 $ 147,910.'50
$ 633,333.89 TOTAL
EXHIBIT C
Edinburg CISD
108904
PURCHASING AND ACQUISITION
PAYMENT PROCEDURES
CHF
(LEGAL)
PAYMENT DUE
INTEREST
EARLY PAYMENT
IDISCOUNT
EXCEPTIONS
DATE ISSUED: 6/7/2006
UPDATE 78
CHF(LEGAL)-P
A payment owed by the District based on a contract executed on or
after September 1, 1987, is overdue on the 3 ~ st day after the date
on which the District received the goods under the contract or the
date on which the performance of services under the contract was
completed, or the date on which the District received the invoice for
the goods or services, whichever is later. However, if the Board
meets only once a month, the payment is not overdue until the 45th
day after the date 01 receipt of goods, performance of services, or
mceipt of invoice, whichever is later. The renewal, amendment, or
extension of a contract executed on or before September 1, 1993,
is cQnsidered to be the execution of a new contract. Gov'! Code
2251.021
A payment begins to accrue interest on the date the payment be
comes overdue. The rate of interest that accrues on an overdue
payment is the rate in effect on September 1 of the fiscal year in
which the payment becomes overdue. The rate in effect on Sep
tember 1 is equal to the sum of one percent and the prime rate as
published in the WaU Street Journal on the first day of July of the
preceding fiscal year that does not faU on a Saturday or Sunday.
Interest on an overdue payment stops accruing on the date the
District or vendor mails or electronically transmits tne payment.
The unpaid balance of a partial payment made within the pre
scribed period accrues interest, unless the balance is in dispute.
Gov'! Code 2251 .025,2251.029
The District shall compute and pay interest at the time the payment
is made on the principal. Interest payments shall accompany pay
ment of the net amount due for the goods or service. The District
may not require a vendor to petition, invoice, bill, or wait additional
days to receive the interest due. The District may not require a
vendor or subcontractor to agree to waive the vendor's or subcon
tractor's righl to interest as a condition of the contract. Gov'! Code
2251.027
The District shall attempt to take advantage of an offer for an early
payment discount, but may not take an early payment discount un
less it makes a full payment within the discounl period. If the Dis
trict takes an early payment discount later" the unpaid balance ac
crues interest beginning on the date the discount offer expires.
Gov'! Code 2251.030
These provisions do not apply to payments made by the District or
a vendor if:
1. There is a bona fide dispute between the District and a ven
dor, contractor, subcontractor, or supplier concerning the
1 of 3
Edinburg CISD
108904
PURCHASING AND ACQUISITION
PAYMENT PROCEDURES
CHF
(LEGAL)
ALTERNATE VENDOR
REMEDY FOR
NONPAYMENT OF
CONTRACT
UPDATE 78
CHF(LEGAL)-P
goods delivered Qr the service performed that causes the
payment to be late;
2. There is a bona fide dispute between a vendor and a subcon
tractor or between a subcontractor and its supplier about the
goods delivered or the services performed that causes the
payment to be late;
3. The terms of a federal contract, grant, regulation, or statute
prevent the District from making a timely payment with federal
funds; or
4. The invoice is not mailed to the person to whom it is ad
dressed in strict accordance with any instructions on the pur
chase order relating to the payment.
Gov'! Code 2251.002
A vendor may suspend performance required under a contract with
the District if the District does not pay the vendor an undisputed
amount within the time limits provided above and the vendor gives
the District written notice informing the Oistrict that payment has
not been received and stating the ,intent of the vendor to suspend
performance for nonpayment.
The vendor may not suspend performance before the tenth day
after the date the vendor gives this notice.
A vendor who suspends performance is not <required to supply fur
ther labor, services, or materials until the vendor is paid the amount
provided for under Government Code Section 2251, plus costs for
demobilization and remobilization. The vendor is also not respon
sible for damages resulting from suspending work if the govern
mental entity with which the vendor has the contract has not noti
fied the vendor in writing before performance is suspended that
payment has been made or that a bona fide dispute for payment
exists.
A notification under Government Code 2251.051 (c)(2) that a bona
fide dispute for payment exists must include a list of the specific
reasons for nonpayment. If a reason specified is that labor, servic
es, or materials provided by the vendor or the vendor's subcontrac
tor are not provided in compliance with the contract , the vendor is
entitled to a reasonable opportunity to cure the noncompliance of
the listed items; or offer a reasonable amount to compensate for
listed items for which noncompliance cannot be promptly cured.
Gov'! Code Sec. 2251.051
2 of 3
Edinbmg CISD
108904
PURCHASING AND ACQUISITION CHF
PAYMENT PROCEDURES (LEGAL)
DISPUTED PAYMENT The District shall notify a vendor of an error in an invoice submitted
for payment by the vendor not later than the 21 st day after the date
the Distriot receives the invoice. If a dispute is resolved in favor of
the vendor, Ihe vendor shall receive interest on the unpaid balance
beginning on the date that the payment for the invoice is overdue.
If a dispute is resolved in favor of the District, the vendor shall
submit a corrected invoice that shall be paid within 30 days of re
ceipt. The unpaid balance accrues interest if it is not paid by the
appropriate date. Gov'! Code 2251.042
DATE ISSUED: 6/7/2006 3 of 3
UPDATE 78
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Edinburg CISD
108904
ACCOUNTABILITY
FEDERAL ACCOUNTABILITY STANDARDS
AID
(lEGAL)
Note: The following contains basic requirements under the No
Child left Behind Act (NClB) for districts and schools
receiving Title I, Part A funds, but does not represent a
ccmplete list of legal obligations of such districts and
schools. Those districts and schools that receive Title I,
Part A funds should carefully review federal and state
requirements conceming use of those funds.
DISTRICT PLAN The District may receive a subgrant under Title I, Part A for any fis
cal year only if the District has on file a plan approved by TEA. The
plan shall include the items listed at 20 U.S.C. 6312(b) and the re
quired assurances under 20 U.S.C. 6312(c) . The plan maybe
submitted as part of a ccnsolidated application. 20 U.s.C 6312(a}
(e)
The District shall develop its plan in consultation with teachers,
principals, administrators, and other appropriate school personnel,
and with parents of children in schools served under Title I, Part A.
The plan shall remain in effect for the duration of the District's par
ticipation under Title I, Part A. The District shall periodically review
and, as necessary, revise its plan. 20 U.S.C. 6312(d}(3}
ANNUAL REVIEW A district receiving federal funds under Title I, Part A shall:
1. Use the state academic assessments and other academic
indicators described in the state plan to review annually the
progress of each school served under Title I, Part A to deter
mine whether the school is making adequate yearly progress
(AYP).
2. At the District's discretion, use any assessments or any other
academic indicators described in the District plan to review
annually the progress of each schOOl served under Title I,
Part A to determine whether the school is making AYP.
3. lPublicize and disseminate the results of the local annual re
view to parents, teachers, principals, schools, and the com
munity.
4. Review the effectiveness of the actions and activities with re
spect to parental involvement, professional development, and
other activities assisted under Title I, Part A.
20 U.s. C. 6316(a}
"AYP" DEFINED All public school campuses and districts are required to meet AYP
criteria on three measures: reading/English language arts, mathe
matics, and either graduation rate (for high schools and districts) or
attendance rate (for elementary and middle/junior high schools).
UPDATE 89
AIO(LEGAl)-P
Edinburg CISD
108904
ACCOUNTABILITY
AID
(LEGAL)
TRf>(NSFER OF
DISCIPLINARY
RECORDS
CAMPUS-LEVEL
INTERVENTIONS AND
SANCTIONS
PRE
IDENTIFICATION
REVIEW
DURATION
GENERAL
REQUIREMENTS
DATE ISSUED 1/1'8/2011
UPDATE 89
AID(LEGAL)-P
The performance of the District or a campus is reported through
indicators of AYP status established by the Commissioner. The
specific criteria and calculations used in AYP are established an
nually by the Commissioner and communicated to all school dis
tricts. 19 TAC 97.1004
The state shall provide an assurance to the United States Secre
tary of Education that the state has a procedure in place to facili
tate the transfer by districts of disciplinary records, with respect to a
suspension or expulsion, to any private or public elementary school
or secondary school for any student who is enrolled or seeks, in
tend's, or is instructed to enroll , on a full or part-time basis, in the
school. 20 U.S.C. 7165(b)
A school thai fails to make AYP is subject to identification by the
District for school improvement, corrective action, or alternative
governance, as described below. 20 U.s.C. 6316(b)(1), (b)(5),
(b)(7) , (b)(8)
Before identifying a school for improvement, corrective action, or
restructuring, the District shall provide the school with an opportu
nity to review the school-level data, including academic assess
ment data, on which the proposed identification is based.
If the principal of a school proposed for identification believes, or a
majority of the parents of the students enrolled in such school be
lieve, that the proposed identification is in error for statistical or
other substantive reasons, the principal may provide supporting
evidence to the District, which shall consider that evidence before
making a final determination.
Not later than 30 days after the Districl provides the school with the
opportunity to review such school-level data, the District shall make
public a final determination on the status of the school with respect
to the identification.
20 U.s.C. 6316(b)(2)
If a school identified for improvement, corrective action, or restruc
turing makes AYP for two consecutive school years, the District
shall no longer subject the s c ~ o o l to the requirements of improve
ment, corrective action, or restructuring, or identify the school for
improvement for the succeedin9' school year. 20 U.s.C.
6316(b)(12)
If a school is identified for school improvement, corrective action,
er restructuring', the District shall :
1. Provide notice to parents, as described below;
2 of 8
Edinburg CISD
108904
ACCOUNTABILITY
FE,DERAL ACCOUNTABILITY STANDARDS
AID
(LEGAL)
2. Provide eligible students with supplemental services; and
3. Provide students enrolled in the schooll with an option to
transfer to a higher performing school [see OPTION TO
TRANSFER, below].
NOTICE TO The District shall promptly provide notice of identification to the
PARENTS parent or parents of each student enrolled in the school. The no
tice shall be in an understandable and uniform format and, to the
extent practicable, in a language the parents can understand. The
notice shall provide:
1. An explanation of what the identification means, and how the
school compares in terms of academic achievement to other
elementary schools or secondary schools served by the Dis
trict and TEA.
2. The reasons for the identification.
3. An explanation of what the school identified for school im
provement is doing to address the problem of low achieve
ment.
4. An explanation of what the District or TEA is doing to help the
school address the achievement problem.
5. An explanation of how parents can become involved in ad
dressing the academic issues that caused the school to be
identified for school improvement.
6. An explanation of the parents' option to transfer their child to
another public school or to obtain supplemental educational
services for the child.
20 U.S.C. 6316(b)(6) , (b)(7)(E)
SUPPLEMENTAL The District shall arrange for the provision of supplemental educa
SERVICES
tiona'i services to eligible children from a provider with a demon
strated record of effectiveness. The provider shall be selected by
the parents and approved for that purpose by TEA. Nothing con
tained in this provision shall permit the making of any payment for
religious worship or instruction.
An "eligible child" means a child from a low-income family, as de
termined by the District for purposes of allocating funds to schools
under 20 U.S.C. 6313(c).
"Supplemental educational services" means tutoring and other
supplemental academic enrichment services that are:
1. In addition to instruction provided during the school day; and
UPDATE 89
AID(LEGAL)-P
Edinburg C;ISD
108904
ACCOUNTABILITY
FEDERAL ACCOUNTI\BIUTY STANDARDS
AID
(LEGAL)
OPTION TO
TRANSFER
FAILURE TO MAKE
AYP FOR TWO
YEARS
SCHOOL PLAN
TECHNICAL
ASSISTANCE
UPDATE 89
AID(LEGAL)-P
2. High quality, research-based, and specifically designed to in
crease the academic achievement of eligible children on aca
demic assessments and attain proficiency in meeting the
state's academic achievement standards.
The District shall continue to provide supplemental educational
services to a child receiving such services until the end of the
school year in which such services were first received.
The District may request that TEA waive, in whole or in part, the
requirement to provide supplemental educational services.
20 U.S.C. 6316(e)
Not later than the first day of the school year following identifica
tion, the District shall provide all students enrolled in the school
with the option to transfer to another public school in the District
that has not been identified for school improvement. 20 U.S.C.
6316(b)(1){E) [See CNA and FOB)
The District shall identify for school :improvement any elementary or
secondary school served under Title I, Part A that fails, for two con
secutive years, to make AYP. The identification shall take place
before the beginning of the school year following such failure to
make AYP. 20 U.SC. 6316(b){1){A)-(B)
After the resolution of any pre-identification review, the school
shall, not later than three months after being identified for im
provement, develop or revise a school plan in consultation with
parents, school staff, the District, and outside experts. The school
plan shall cover a two-year period and address the items at
20 U.S.C. 6316(b)(3)(A).
The school shall implement the school plan (including a revised
plan) expeditiously, but not later than the beginning of the next full
school year following the identification for improvement. If a plan is
not approved before the beginning of a school year, such plan shall
be implemented immediately upon approval.
Within 45 days of receiving a school plan, the District shall:
1. Establish a peer review process to assist with review of the
schoo'l plan; and
2. Promptly review the school plan, work with the school as ne
cessary, and approve the plan if it meets requirements.
20 U.S.C. 6316(b){3){E)
For each school identified for school improvement, the District shall
ensure the provision of technical assistance as the school develops
4 of 8
Edinburg CISD
1.08904
ACCOUNTABILITY
FEDERAL ACCOUNTABiliTY STANDAROS
AID
(LEGAL)
FAILURE TO MAKE
AYP FOR THREE
YEARS
FAILURE TO MAKE
AYP FOR FOUR
YEARS
FAIlURE TO MAKE
AYP FOR FIVE
YEARS
and implements the school plan. Such technical assistance shall
include the items listed at 20 U.S.C. 6316(b)(4)(B) and shall be
based on scientifically based research. 20 U.s.C. 6316(b)(4)
If the school fails to make AYP by the end of the first full school
year after identification, the District shall :
1. Continue to provide students with the option to transfer to
another school served by the District;
2. Make supplemental educational services available; and
3. Continue to provide technical assistance.
20 U.s.C. 6316(b)(5)
If the school fails to make AYP by the end of the second full school
year after identification, the District shall identify the school for cor
rective action and take at least one of the following corrective ac
tions:
1. Replace the school staff relevant to the failure to make AYP.
2. Institute and fully implement a new curriculum, including ap
propriate professional development, for all relevant staff, that
is based on scientifically based ,research and offers substan
tial promise o ~ ,improving educational achievement for low
achieving students and enabling the school to make AYP.
3. Significantly decrease management authority at the school
level.
4. Appoint an outside expert to advise the school on its progress
toward making AYP.
5. Extend the school year or school day for the school.
6. Restructure the internal organizational structure of the school.
20 U.s.C. 6316(b)(7)(C)
If, after one full school year of corrective action, a school continues
to fail to make AYP, the District shall prepare a plan and make ne
cessary arrangements to carry oul alternative governance.
Not later than the beginning of the school year following the year in
which the District implements restructuring, the District shall im
plement one of the following alternative governance arrangements
for the school consistent with state law:
1 . Reopen the school as a public charter school.
2. Replace all or most of the school staff (which may include the
principal) who are relevant to the failure to make AYP.
UPDATE 89
AID(LEGAL)-P
Edinburg CISD
W8904
ACCOUNTABILITY
AID
{LEGAL}
NOTICE TO
TEACHERS AND
PARENTS
DISTRICT-LEVEL
INTERVENTIONS AND
SANCTIONS
PRE
IDENTIFICATION
REVIEW
DURATION
IDENTIFICATION
FOR IMPROVEMENT
DATE ISSUEO: 1/18/2011
UPDATE 89
AID{LEGAL}-P
3. Enter into a contract with an entity, such as a private man
agement company, with a demonstrated record of effective
ness, to operate the public school.
4. Tum the operation of the school over to the tEA, if pennitted
under state law and agreed to by the state.
5. 'Execute any other major restructuring of the school's gover
nance arrangement that makes fundamental reforms, such as
significant changes in the school's staffing and govemance, to
improve student academic achievement in the school and that
has. substantial promise of enabling the school to make AYP.
20 US.C. 6316(b)(8)(B)
The District shall provide prompt notice to teachers and parents of
the identification for restructuring. The District shall provide the
teachers and parents with an adequate opportunity to comment
before the District takes action and to participate in developing any
restructuring plan.
A district ,that fails to make AYP is subject to identification by TEA
for district improvement or corrective action. 20 US.C. 6316(c)
Before identifying the District for improvement or corrective action,
lEA shall provide the District with an opportunity to review the da
ta, including academic assessment data, on which the proposed
identification is based. If the District believes that the proposed
identification is in error for statisticall or o t h e ~ substantive reasons,
the District may provide supporting evidence to TEA, which shall
consider the evidence before making a final determination not later
than 30 days after any pre-identification review.
TEA shall promptly provide to the parents of each student enrolled
in a school served by a district identified for improvement , the re
sults of any pre-identification review and, if the District is identified
for improvement, the reasons for that identification and how par
ents can participate in upgrading the quality of the District.
20 US.C. 6316(c)(5)
If the District makes AYP for two consecutive school years begin
ning after the date of identification for improvement, TEA need no
longer identify the District for improvement or subject the District to
corrective action for the succeeding school year. 20 US. C.
6316(c)(11)
TEA shall identify for improvement a district that , for two consecu
ti,ve years, fails to make AYP. 20 US.C. 6316(c)(3)
6 of 8
Edinburg CISD
108904
ACCOUNTABILITY
AID
(LEGAL)
'DISTRICT PlAN
IDENTIFICATION
FOR CORRECTIVE
ACTION
UPDATE 89
AID(LEGAL)-P
A district identified for improvement shall, not later than three
months after being so identified, develop or revise a District plan, in
consultation with parents, school staff, and others. The plan
address the items at 20 U.S.C. 6316(b)(7)(A). The District shall
implement the plan (including a revised plan) expeditiously, but not
later than the beginning of the next school year after the school
year in which the District was identified for improvement. 20
u.S.C. 6316(c)(7)
TEA shall provide technical or other assistance if requested to bet
ter enable the District to develop and implement its plan and work
with schools needing improvement. The technical assistance shaU
be supported by effecHve methods and strategies
based on scientifically based research. Such technical assistance
shall address problems, if any, in implementing parental involve
ment and professional development activities. 20 U.S.G.
6316(c)(9)
After providing technical assistance, TEA may lake corrective ac
lion at any time with respect to a district that has been identified for
improvement.
TEA shall take corrective action with respect to a district that fails to
make AYP by the end of the second full school year after the identi
fication for improvement. TEA shall continue to provide technical
assistance while instituting any corrective action.
If the District is identified for corrective action, TEA shall take at
least one of the following actions:
1. Defer programmatic funds or reduce administrative funds.
2. Institute and fully implement a new curriculum.
3. Replace District personnel relevant ,to the failure to make AYP.
4. Remove particulaf schools ,from the jurisdiction of the District
and establish alternative arrangements for public governance
and supervision of such schools.
5. Appoint a receiver or trustee to administer the affairs of the
District in place of the Superintendent and Board.
6. Abolish or restructure the District.
7. In conjunction with at least one of the actions listed above,
authorize students to transfer to a higher-performing public
school operated by another district.
20 U.S.C. 6316(c)(10)
7 of 8
Edinburg CISD
108904
ACCOUNTABILITY AID
FEDERAL ACCOUNTABIUTY STANDARDS (LEGAL)
TEA may delay, for a period not to exceed one year, implementa
tion of corrective action if the District makes AYP for one year or its
failure to make AYP is due to exceptional or uncontrollable cir
cumstances, such as a natural disaster or a precipitous and unfo
reseen decline in the financial resources of the District. No such
period shall be taken into account in determining the number of
consecutive years of failure to make AYP.
HEARING Before implementing any corrective action, TEA shall provide no
tice and a hearing to the affected district, if state law provides for
such notice and hearing. The hearing shall take place not later
than 45 days following the decision to implement corrective action.
20 u.S.C. 6316(c)(10)(D)
NOTICE TO TEA shall publish, and disseminate to parents and the public, in-
PARENTS formation on any corrective action TEA takes, through such means
as the Internet, the media, and public agencies. 20 U.s.C.
6316(c)(1O)(E)
DATE ISSUED: 1/ 18/2011 8 of 8
UPDATE 89
AID(LEGAL)-P
EXHIBIT E
<@,sc,al/ S. 'li.
39/0 CWo r;;'ed4 cqOllUllu-
cftdinJ"u'!'. 18539
956-383--6295 <f!-e!Lc 956-/.61-9142
cf,"UJit 06C<J"lJOtIlajAri!"moit.c..,,"
May 24, 2011
Gilbert Tagle, Public lnfonnalion Officer
Edinburg Consolidnted Independent School Dislrict
Edinburg, Texas 78539
Dear Gilbert,
Under the Texas Open Records Act, I alll respectfully requesting copies of all Fet.lcral Funds
received by the Edinburg School District in the school year 2009-2010. To include but not
limited to the Title One FL-deral Funds, No Child Len Behind Federal Funds and any other
Federal Entitlements monies that were scnt to the school dislrict for the pUfllOses of tutoring.
'I also would like the amount of funds expended on tutoring for stud en Is al Harwell Middle
School and Economedes High School for the ""me school year. Also, I would like to know the
amount held in reserves for pending invoices on Tulorial Services for the same school year.
Your prompt attention is appreciated.
Sincerely.
Oscar I.. Gar/ii, Jr.
CC: Dr. Rene Gutierrez, Superintendenl Edinburg Consolidated Independent School District
Mr. Ron Cavazos, Director of Federal Programs
Mr. David Torres, President Edinburg School Board
Mr. Jaques Trevino, Edinburg School Board Attorney
---
'Federal Programs
Department
Ronaldo J. Cavazos
Director of
Federal Programs
Patricio Escamilla, III
Coordinator
Migrant Education
Program
Adan Porras
Parental Involvement
Superv-isor
Sandra A. Rodriguez
Parentallnvolvemenl
Supervisor
Mara Lee Moats
Staff Development
Supervisor
Melissa Rodriguez
Sanchez
Special Programs Evaluator
Leocadlta Pena
CAl Lab Speci alist
Robert Escamilla
Statistical Administrator
EDINBURG
CONSOLIDATED INDEPENDENT SCHOOL DISTRICT
Drawer 990 Edinburg, Texas 78540
Phone: (956) 269-2300 ext. 2097
Fax: (956)316"3728
June 13, 2011
Oscar L. Garza, Jr.
3910 W. Freddy Gonzalez Dr.
Edinburg, Texas 78539
Dear Mr. Garza,
The following is the information you requested from our district in reference to
supplemental educational services:
2009-2010 Title I, Part A, Regular Entitlement: $ 15,626,914
20% Set-aside amount: $ 3,125,383
Funds expended for SES tutorial services at Harwell MS: $ 147,257
Funds expended for tutorial serviceS ,at JEHS: $ 143,178
Please let us know if you have any questions concerning this information.
Ron avazos
Director of Federal Programs
Cc: Dr. Rene Gutierrez, Superintendent of Schools
Maria Luisa Guerra, Assistant Superintendent for Instruction and Support
Services
jJ ro. II( J..Ie1 0,,;1,;',\ [;..;rl.\I Jc FJinh .. C'I ..o.' J ;;.; ,;,:.", .. 1''' ' I....... .1 1<''' . tJ..,,( r.... .)!1..'>n. ''"''''. (olr>! . ori!;<n n: ... ni p.>< a':; nll3 d\J\.,ll'""I;I(1
J,',II' ''' do: ...'1
EXHiBIT F
SUPPLEMENTAL EDUCATION SF.RVICES PROVIDER AGREEMENT
BETWEEN
(Supplemental Educatiol1ii1 Service Provider)
AND THE
EDINBURG CONSOLIDATED lNDEPENDENT SCHOOL D1SrRICT
(heremer SES PIOvider) has been "Pprnvcd by the Tex.s
Education Agency to edllcaliunal services to studellts Ideniliied as mccting eligibility for th"
Supplementary bducalloua! ServIces program (herealter as contained in the Texas Educati"n code;
and
WHEREAS, Edinburg Consolidated hldcpeudCllt School Districi (hereafter DislJ'icl) has identified
studen" meeting eligibility for the SES program along with facility space to accomplish the gools of the
SES program; and
WHEREAS oJj,12l. >,,':3t (SES Provider) and District desire to cooperate in and
facilitate the implementation of sueb SCTVices;
NOW, THEREFORE,'-(;J',if'<.S. C0'" "r'?.aS, LLC. ,. (SES ProvideI) and District agree
generaII y as follows: '
The panics will set .specific achievement goals for each student being served in the SES
The parties will describe Ule measurement fur the student'S progress along with a meth"" for informing
the sllIdcnts, parents an"
A for improving the slUden!'s achievement will be developed, along with the right to termin.te
this agrccnlenl if the pruvioer fails, to meet the student's goal for progress.
A method of payment for ,ervices is contained her"in which also addresscs Ule provi.,i(m of missed SES
sessions.
u
'''' ''t''''- .,' ,1'1.- Cp,,, r.-il': :L> LL6 (SES Provider) will be prohihited from disclosing to Hny member of
the public the identity of ru{y student eligible for or receiving these SES services.
/\\1 &;,, 1"";:'1"-' ( !J ( " (SES Provider) will assure that SES services will he provided on 3
consistent basis and in accordance with all applicable local, state and federal laws as well 3' District
pulicy.
T. Recruitment of Srudcnts
A. The SES Provider may not complete part Hf the SES srudent application The parenl'
or guardian must complete Ihe application and return itlC> the school district.
926Sd0L189vL181:01 82Ll8 X3NNtl 2:22
SES Provwr
Edinburj; CISV
2of7
B. If the parents a... e utilized by the SES Pmvider as recruiters for this particular SES
program. the pprents cannot. work for thc Provida in the ,arne building in which their
children atlend school.
C. Tutoring sessions may no( conuncoce lUllil proviuer has received an Approval Pack.c[
from the State and Federal A,:countability Office and the Student Learning Plpn,
SLP) have been approved and entered inlo lhe EZSES system
II. Use of Fueilities and Equipment
A. The SES Provider may be penniued to use an Edinburg Consolidated Independent School
Dimict facilily to perform the SES program service, by submitting a Building Use or
Facilhy Use Appli<:ation.
B. TIle SES Provider may llSe Edinburg Consulidated Independent School Distri<:t
equipment such computers, if they arc for the sole purpose of use by, and for,
the Muden!> and shull nul he used fur any other pUl]Joses such as the Provider's
administrative pw:poses.
HI. Supervision of SludefiLs
A. The SES Provider must ass.gJI a Site DireclOr who will all studenls are
during the pruvision of SES and up until such lime as parents Of guarditms pick
them up from tUtOring.
B. In the event of the OCCUITence of an accident Or incident that may involve siudents during
the tutoring at all Edinburg Consolidated Independelll School District facility,
Provider must immediately notify the camplls principal or 3<si<l3nl principal or the
appropriate campus on dUlY and the parent/guardian of the <tudcnts involved
lV. Student Learning Plans pnd Reponing of Progrcss
A. The SES Provider will develop the Student Learning Platl (SLP) wilb parent inpul usin:
the data that is provided by the Edinburg COfisolidated Independent School Disuict. The
SES Provider is required", send a.,igned copy of the SLP 10 the State and inpllt the SLP
to the EZSES system in order to receive approval of the SLP and to begin the IUtoring

B. The SES Provider will prnvide a hard copy progress repon to the parent, teacher and the
Federal Prognlllls Di:paruncnt Office every three (3) weeks during the school year. The
campus project coordinator will check EZSES for the progre" reports.
C. Failllre to achieve desired ;,tudent progress as set out in the SLP/Achievcment Goal will
be growtds for termination of SES tutoring from Pruvider. Progress is measured by:
Six-week and Benchmarks
V. Srudenl hlcenlives
The SES Provider that enooses to otfer an incentive to students must ensure tllat Ihe CIl" i, ,I(1I
equal 10 the per pupil allotment for tutoring, and incentive cannOI exceed $50.00 per studcnt.
VI. EZSES
A. The SES Provider must use Ute EZSES system for reporting and invoicing purposes.

SI::S Provider Agret.'mem
Edi"bwrN CISD
Pac, .J nf?
B. The SES Provider must enter all student progress, at:lIdaace and invoicing
into the system by the I,,'l working day of each month.
VIT. The SES Provider mLL<l report any problems with the EZSE.,
VIn. Invoicing '!lId Payment'
A. PaymenB will be made by District upon a per hour basis and ",presentative
of a "fee for service" amount only. Thcrc is no "up front" mOlley 10 be paid under
the terms of this arrangement between the SES Provider and District .. A W-9 tax form
musl be on file with the Dislrict hefore any payment. are made.
B. Funds wili only be usd to pay for .aual tUloTing services. not b.\seline
assessments or pre/post tests. District will not pay for classes where srudents are
not prCSL'1ll.
C. The amount of selvices per sllldelll may not. exceed District's required rate per
child aJlmment of$I .404.00 rer academic year. ParenL, or guardians, however.
may choose 10 supplemclll the SES Provider services at tncir Own expense on a
voluntary basis.
D . Payment will nul be made until the .'igned ."udent attendance ,heel and monthly
srudent progress report has been received by the Federal Program, Depru'lmenl
lIrrice as well as all EZSES datu inputted for the corre$ponding month being
billed (EZSES data includes: invoices, auendance, and sltldent progr"s .
E. Payment for services willa! no time exceed $25,000 without Board approval .
IX. General Requirements
A. This Agreement is for a One year lerm with the option to renew said provision of
services for additional year periods but only with a written agreemenl nnd
approval by the partie., for up to a total of f,ve (5) yea.rs.
B. The SES Provider and Provider', employees wurking with students must have cleared
Criminal Background checks and Tuberculosis Healtb cbeck before beginning
lutoring sessions. A fingerprinl check of all Provider employees will also be
required before they can interact with and the results of said eheck snail
he rep0l1ed to the District .
C. The SES Provider must enS'ltre dlill its empluyees/staJ( understand they are wOl-king D.='
individual contractors and arc required to look solely to the SES Provider for any
wages, benefils or claims.
D. The SES Provider and each of Provider's employees mllst agree to abide by the
confidential ity provisiOn> surrounding the use and dissemination of stlldent educational
records and infonnation as contained in the federal Family Educarionlu Right" & PrivlI!.'Y
Act (/'r.RPA). SES Providers also agree ,bat he/she may be held professionally and
per;onally liable for violation of this Act.
E. Any data orovide<l by Distric! Or !hal is found in EZSES is to be used for the solc DIJIl!!'S.
of lhe SES pmgram for students who are already SCt up !o receive SES services. If
tbe SES Provider needs to provide additional information regarding services, setting ur
information sessions on or off campus, or disseminating any information to OllC, or
uU students found on the EZSES system. the Provider must receive prior apDrov. 1 from
Di.mict and the Federal Programs Dep!lIlment Office.

SES Prnvidu
L!tJinb<lrg CISD
Pa!!.e 4 0(7
f The SES Provlder agrees to lise all of required reponing uo"uments anu adher"
to "II District timeJines, inchlding:
1. Inputtulg the Learning Plan (SLP) inlo EZSES within 10 working days of
receiving student approval packers.
2. Signed Studenl Allelluan<:e Sheet' Dnd Individual Sludent Progress/Attendance
Sheels mailed or faxed by the last working day of the month.
3. Inputting all information into EZSES by the lasl working day of the month.
4. Commencing tutoring of approved stuuent within 10 working days of receivj llg
the approval packet. If Iile sludelll i, nul aJler /I",expiralion uf /0 wlirkillX
days, IhCltlhe sl"dcm will be assigr/ed 10 his/her neXI selectedprovider On Ih,
applicatioll,
G. Immediate reporting of problems regarding students' allelldance, commWlicatiun,
progress, facilities. etc.
H. District is under no obligation to and does not agree to provide tran.sport3tioll to
and from tutoring classes which are bci.ng wuglu by the SES Provider.
x. Tenninalion of Contract.
The SES Provider -,hall fully and timely complete all work covered by rbis Agreement. This
Agreement may be terminated by Di'trict if the Provider shall fail to fulfill in a timely and
proper manner the obligations under thi' Agreemcnt. in which event Di'trict may terminal< the
Agreement withm 30 days hy giving written notice of slIeh termination. District may also
terminate this conlIact at. any timc without by the fumishing of a len (10) day written
n"tite from the Director of Federal Programs or Assislant SuperinceJldcnr for Finance and
Operations to Ihe SES Provider. In the evenl of terminal ion prior 10 completion of me
Agreement, me SES Provider shall be entitled to just. and equitable compenslltion for any
satisfactory work complcted thru the date of telminati"n. Both panies agree to 3lllLUally r(;vi(;w
the Agreement al least 60 days prior to its termination date to delermine whether the SES
tutoring wi 11 continue. If the parties are in agreemelll thai the program to continue, the parties
shall execute a written leuer to that effect and provide a copy of the '3me to (he olher.
Xl. ConlIaclOr and Hold Harmless Agreement
It is agreed that dle SES Provider is an independent contractor and not an eUlployec of Dislric.;l, is
not a !oIubstitule of District nor a business owned Or uperaleu ny a District
and shall be solely responsible for payment uf hblher employees Il!ld ,hall provide the insurance
amounts as out above II) protect himself from liability for injuries Or damages to his
employees and thc he/she serves and shall be funher solely responsible for the
withholding ancUol" payment of allY or wntrihulinns imposed by any federal, slate or local
governmental enlit)' hy the reason of employmeut. The SES Provider agrees to hold Disrrict
harmless froIII any and all liability that District may incur, including wilhout linlitation.
of every kind and nature. out-ofpocket costs and legal expenses, kl10wn or unknown. incurred
by reasOn of the SES Provider., negligence or breach of tltis agreement .
XII. Felony Conviction Notice
926Sd0L1S9pl lSJ '01
SES Prnvidtr
J:.:tlillbuTg CJSV
PaR'.5 of 7
Texas EduC<ltion Code 44.034(a), Notification of Criminal HislOry srares "a person or b",iness
entity that enters into a conlract wilh a school district must give <.ldvance notice to the district if
the or an owner operator of the business entity has bc.::n convicted of a felony. The nol,,,,,
must im:lude " gener_l of the conduct resulting in the conviction of a felony ..
Subseclion (b) .'Iales "a school dis!!ict terminale a with a persoll or entity if the
dislrict dctcmlincs that rhe person or business entity failed to give notice 3S required by
Subsection (a) or misrepresemed the conduct resulting in the conviction. Tb.e District musl
lhe person nr entity [or services perfonned before the tenninatiun or
COn!!3CI. "This notlC" is nOI required of 3 publicly held corporation. If notice is required' of the
Provider, then such Certification is to be completed on the nttilched sheet.
XIII. Governing Law
This Agreement shall be governed hy the laws and regulalions "r Ihe Stilte of Texas. Venue fDr
any causes of action shall lie in Hidalgo Counly, Texas. Provider agrees 10 abide by all loc"l
ordinances and state and federal Jaws i.u the provision of its services to the eligible and approved
slodents, including but not limited 10, the with Disabilities Ael, Section 504 of Ihe
1973 Rehabililation Act, thc Farnily Educational Rights & Privacy Act and Tille IX of the
Educalional Amendments of J972.
XIV. Emir. Agreement
This Agreement constitutes the enlire Agreement between (he partics hercto and it may nol be
changed or altered except by writrcn agreement signed by the pnrties to this conlracl. Thi,
AgreemCtlt is cffective as of the laSI date of signature be low.
926Sd0L I89vLI81:01
I
SES Provider Agree.trteltl
F.dinb.TR CISD

"
Pmvider ,--\-7\b'1\S.

Co""i''' -';I l&, u(, Edinburg COllsolidalCd Independem School
District
,
!
Address: ZSI 't ..::.

Address:
A,.. ",
Gly/Statef'L.ip: .

CityJSlateJZip:
:I l '-t .
.!: (;Lt . .() <6- V''
Phone Number: Phone Number:
.
.-
/:}:) U
Fax Number: "6 'i-.
tt&V .
Fax Number:
::J Ct .. l l ,Ct>. "\
Email Address:TJ<O('-':> ... Email Address:
I
...., s... ,.,-
Tupavn ID:
._
Taxpayer (D: 20
;'>-j- .
By_:
Ry;
... .
-
Superintendent of Schools
Owoer/Authorized'Rei
V 9:d 82Ll8 6002-1-0ON
:::;J:;S PTmitkr
fdinbf4T/I. CJSV
Paf,( 7of7
FELONY CONVICTION NOTICE
I. undersigned Contractor or agent for the firm named above, certjfy thai Ihe informal ion t.:ont.:erning
notification of felony convictions has been reviewed by me and the following information furnished is
lIue to the best of my knowledge. The Contractor must complete the following in(ormaliol\ is
accordance Wlth Tcxf\s law.
Please sigll only one:
My firm is a publicly-held corporation; Ihis reporting requirement is nOt applicahle.
Signature of _ _ ________ _ _ _ Date: ______ ___
Or
My firm is not owned nor operated by anyone who ha, been convicteu of a felcmy.
SlgnatUfe of Dale 11/0"3. /(';:1
Or
My tirm is owned or operated by the following indiviuuat(s) whu haslhave been convicted of a felony.
Name of Fclon(s): ______________ 031e: _ _______
Name of Felon(s): _____ _ _______ _ _ Date: _______ _
Name of Felo!J(s): _ _ _ _ ___ ______ _ _ 08te:_______ _ _
82LI8 VS:22 6002-I-nDN
,_ ... _.l'''J'
I
.
Tutors with Computers

701 Brazos St., Ste. 500
02 l P
_
000444
Austin, TX 78701
MAILED I
7010 2780 0003 1230 0330
- -- .---- .
" j _ . "
I
\,.

.... , '!J l I

:l

'-
Correspondence and Complains Management
Office of the Commissioner
Texas Education Agency
1701 North Congress Ave
Austin, TX 78701

901608509

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