“Ace it!” Tutoring NCLBState Application Toolkit

CONFIDENTIAL

Ace it! Tutoring

NCLBState

Application Toolkit

December 2008

Sylvan Learning, Inc.

Confidentiality Statement

The information contained in the NCLBState Application Toolkit is confidential and proprietary business information of Sylvan Learning, Inc. This information cannot be disclosed to any third party, and must be secured and maintained as confidential at all times.

Important Reminder

The information, guidelines and assumptions reflected in this NCLBState Application Toolkit are based on the “Ace it!” Tutoring Education Model parameters, guidelines that have been published by the Federal Government, guidelines that have been published by recognized education-focused Non-Governmental Organizations (NGOs), industry best practices and the market experience of our community. It is your responsibility to comply with all laws, regulations and rules pertaining to the NCLB program. We recommend that you become familiar with, and follow these parameters, guidelines and industry best practices. You must ensure that all representations and statements you make on the application are true and accurate. We do not assume any liability to you for your failure to accurately and completely prepare your application.

Table of Contents

I.Introduction

A.“Ace it!” Tutoring NCLB State Application Toolkit

II.State Application Process Overview

A.Overview

B.SEA, LEA and SSP Responsibilities and Accountabilities

C.Federal Funding Formula

D.Key Lessons

III.Sylvan Learning, Inc. Recommendations

A.Program Naming Conventions

Why Have a Naming Convention?

What Naming Convention Should You Use?

Important Note

B.Coordination of Operators

IV.State Application Process Checklist

A.Locate Your State Application

B.Determine the State Application Deadline

C.Coordinate with Sylvan Applicants

D.Contact the State NCLB Representative

E.Determine Your “Ace it!” Tutoring Naming Convention

F.Complete the Application

G.Submit the Application

H.Respond to Information Requests

I.Notify your Franchise Business Consultant of State Approval Status

J.Begin Sales and Marketing Activities to Districts/Schools

V.Standard Questions and Answer Guidance for Completing the State Application

A.Overview

B.Standard Questions with Completion Guidance

Basic Program Information

Indicators of Quality

VI.Application Deadlines

A.How to Find Information for State Deadlines

B.Recommendation for Deadlines That Have Passed

VII.“Ace it!” Tutoring Providers Already on State-Approved Vendor List

A.Recommendations for How to Change Name Efficiently

VIII.Appendices

A.List of Federal and State Education Department Resources Websites

I.Introduction

A.“Ace it!” Tutoring NCLBState Application Toolkit

The “Ace it!” Tutoring NCLB State Application Toolkit is designed to give you information about how to apply to your State Education Department to become a Supplemental Services Provider (SSP) under the NCLB Act. This toolkit incorporates learning from the “Ace it!” Tutoring 2004-05 school year pilot.

The toolkit provides an overview and details about all the information and processes that are important in making an application to the state.

Please read the information in this toolkit carefully and follow all the steps outlined in the State Application Process Checklist (Section IV). Understanding and following the steps helps to ensure that you are informed and knowledgeable about the process. The information, guidelines and assumptions reflected in the toolkit are based on the “Ace it!” Tutoring Education Model development parameters, guidelines that have been published by the Federal Government, guidelines that have been published by recognized education-focused Non-Governmental Organizations (NGOs), industry best practices and market experience to date in our community. It is your responsibility to comply with all laws, regulations and rules pertaining to the NCLB program. We recommend that you become familiar with, and follow these parameters, guidelines and industry best practices. We do not assume any liability to you for your failure to accurately and completely prepare your application.

The “Ace it!” Tutoring NCLB State Application Toolkit is designed to help you represent, to the state, your capability to deliver an NCLB program. It is important that you first understand all aspects of the application and the process, understand the information in this toolkit, and then complete your application using the data and information that are realistic for your market and business.

The State Application Process Checklist (Section IV) is designed to guide you through the relevant steps. This toolkit provides general information regarding the application process; however, there may be variations from jurisdiction to jurisdiction, so you should rely only on federal, state and local guidelines for your application. It is your responsibility to follow the appropriate guidelines as you complete your application.

As you use this toolkit, please do not hesitate to contact your Ace it! Franchise Business Consultant with any questions.

II.State Application Process Overview

A.Overview

Under Title I, Part A, of the No Child Left Behind Act, low-achieving, disadvantaged students who attend schools that do not make adequate yearly progress (AYP) for three consecutive years may receive supplemental education services.

Supplemental services are defined as additional academic instruction designed to increase the academic achievement of students in low-performing schools. Services must be delivered outside of the school’s instructional hours.

Students are eligible for supplemental services if they attend schools that do not meet AYP goals for three or more years and they are from low-income families, as determined by the Local Education Agency (LEA)[1], based on Title I funding allocations. Typically, children are eligible if they participate in a Reduced Price/Free School Lunch Program. If funding is insufficient to provide services to each child whose parents request the services, the district is required to give priority to the “lowest-achieving children.”

The major steps involved in making supplemental services available are as follows:

  1. The LEA must set aside a minimum of 5%, and up to 20%, of its Title I funding for supplemental services.
  2. The state issues a Request for Proposal (RFP) and compiles a list of approved Supplemental Services Providers (SSPs).
  3. The LEAs notify parents that their children are eligible to receive supplemental services.
  4. The parents choose an SSP.
  5. The LEA and SSP form an agreement for each student.
  6. Providers report on student progress to parents and LEAs during the year.

This toolkit focuses, specifically, on the second step in this process: responding to the state RFP. The State Application approval process yields the list of approved SSPs for the state.

B.SEA, LEA and SSP Responsibilities and Accountabilities

Under the law, the State Education Agency (SEA) is responsible for identifying approved providers. The SEA responsibilities include:

  • Promoting maximum provider participation.
  • Developing and applying objective criteria for approving SSPs.
  • Maintaining an updated state list of approved SSPs.
  • Implementing standards and techniques for monitoring the quality and effectiveness of the services offered.
  • Withdrawing provider approval if the provider fails, for two consecutive years, to “contribute to increasing the academic proficiency of students.”

Local Education Agency (LEA) responsibilities include:

  • Providing annual notice to parents about the availability of supplemental services.
  • Providing a list of the approved SSPs, including a brief description of the services, qualifications and demonstrated effectiveness of each provider.

Note: Market experience shows that the information used in the parent notification process comes directly from the State Application. You may not have the opportunity to make changes or adjustments. This means that what you put in your application is what you may “live with” and must accurately reflect the program information.

To be eligible, a Supplemental Services Provider (SSP) must[2]:

  • Use “research-based” high quality programs, with supporting documentation, that are designed to increase student achievement.
  • Have content that is aligned to state academic standards and LEA instructional programs/standards.
  • Ensure that all instruction and content are secular, neutral and non-ideological.
  • Provide parents with information on their children’s progress in a format and language that are easy to understand.
  • Meet all applicable federal, state and local health, safety and civil rights laws.
  • Commit to not disclose the identity of children eligible or receiving NCLB services unless parents agree.

Note: All of these requirements and additional requirements, developed by the state, are identified in the State Application.

In addition, State Application packages often require the following:

  • Evidence of financial viability, demonstrating that the provider is financially sound and in good standing with the State Comptroller’s office.
  • Documentation that all program instructors successfully completed a current criminal background check.
  • Documentation on the existence and levels of liability insurance.

C.Federal Funding Formula

The federal funding formula is specified in the law and it makes specific reference to the cost of services for SSPs. The cost of service is a negotiation between the provider and the LEA and is generally the lesser of:

  • The Federal “Per Pupil Allocation,” or
  • The SSP’s actual cost of service.

Note: Market experience shows that negotiating the cost of service portion of the provider agreement can be a challenging and, in some cases, lengthy process. The State Application asks for information on cost per student or cost per hour of instruction, as well as total hours of instruction, etc. It is important to be responsive, yet general, in your application responses to ensure that you have the maximum flexibility in negotiating specific reimbursement when you enter into the contracting process. See example on page 16.

D.Key Lessons

The following is a summary of what we have learned from market experience implementing NCLB programs.

  • Information about the availability of supplemental services, included in the letters from the LEAs to the parents, comes directly from the State Application. You may not have the opportunity to make changes or adjustments. This means that what you put in your application is what you may have to “live with” and must accurately reflect the program information.

State Applications must reflect the requirements dictated by the law, but the state has the right to add requirements that it feels are appropriate. By law, however, once you are approved by the state, additional requirements cannot be imposed by the LEA.

  • State Application questions about cost of service and hours of service delivery must be answered very carefully to preserve the maximum flexibility in negotiating a contract later in the process. Answers to these questions should reflect the realistic range of possibilities for both cost and hours. A great deal of specificity could yield an expectation during contract negotiations that is not consistent with your business requirements.

III.Sylvan Learning, Inc. Recommendations

A.Program Naming Conventions

Why Have a Naming Convention?

A naming convention makes it easy for parents to choose a Supplemental Services Provider (SSP). Parents make their choice when they receive a notification letter from the Local Education Agency (LEA). The law states that the notification letter should include a brief description of the services, qualifications and demonstrated effectiveness of each provider. Often, though, the letter only includes a list of the providers and, sometimes, the addresses.

Generally, the list that is included in the letter, comes directly from the state’s list of approved providers. It can be very confusing if there are several approved “Ace it!” Tutoring franchise or corporate groups, and there is no way to distinguish one from another. Parents may not know which one to choose and just avoid all of them, or they may sign up for an “Ace it!” Tutoring provider that is not the most accessible and convenient for them.

To help make it as easy as possible for parents to make a decision on the best SSP and, hopefully, the most convenient “Ace it!” Tutoring location, we request that you use a naming convention following the words “Ace it!” Tutoring. You should use the naming convention consistently during the application process and in all subsequent sales and marketing materials.

What Naming Convention Should You Use?

The key is to make the name sound as convenient and familiar as possible. Use the guidelines and examples below to prioritize your choices.

  1. Start with Ace it!sm Tutoring.
  1. Add a location descriptor that will feel both local and familiar to a parent.
  2. First choice is to use the school district name, but only if it is in your territory (and not in anyone else’s territory), it represents a small enough geography and it is a name that is familiar to parents. For example:

Ace it!sm Tutoring in the Rochester City School District or

  1. Second choice is to use the name of the town or community in your territory (and not in anyone else’s territory). You would do this if one the following are true:
  2. The school district is large and you are applying for only the geography that is in your territory.
  3. There is a geographic area that has a lot of schools eligible for supplemental services; use the town or community reference that best represents the area.

For example:

Ace it!sm Tutoring of Westridge or

  1. The formal full name of your program would then be:

Ace it!sm Tutoring of (District, Town or Community) or

When you abbreviate you can refer to the program as:

Ace it!sm Tutoring

Important Note

The naming convention you choose must reflect geography that is specifically and clearly in your SylvanLearningCenter licensed territory and does not confuse or mislead consumers regarding your location.

B.Coordination of Operators

It is important to ensure the best possible relationship between “Ace it!” Tutoring/Sylvan Learning Center providers and the state and district. It is to our benefit to make sure that the state and LEAs understand what “Ace it!” Tutoring and Sylvan Learning Centers are and, at a basic level, how the organizations are structured. Generally, at the state level, there is just one contact person responsible for coordinating the application process. The states’ contacts receive many applications and lots of questions. Confusion and frustration could result if the contacts do not clearly understand that they may receive several “Ace it!” Tutoring or SylvanLearningCenter applications and associated communication from the business owners.

We, therefore, strongly recommend that franchise operators and corporate centers coordinate activities, when each wants to be an NCLB SSP in the same state. Working together will help to ensure a strong and positive relationship with state contacts. The coordination effort also applies to the LEAs if a district is covered by more than one territory.

In Section IV, State Application ProcessChecklist, we provide specific recommendations for how to proceed. An overview of the checklist is below.

  1. All Franchisees and Corporate Center District Managers in the state need to be in communication to determine who will participate in NCLB services (regardless of which business model they will use, Sylvan or “Ace it!”). They should identify one person to act as the primary liaison with the state.
  1. The primary liaison should identify the state employee responsible for NCLB activity or NCLB State Applications. This information can usually be obtained from the State Department of Education website or by calling the State Education offices.
  1. The primary liaison should contact the State Department of Education representative to do the following:
  2. Establish a strong and positive working relationship.
  3. Introduce the “Ace it!” Tutoring and the SylvanLearningCenter programs. If applicable, acknowledge that there are several providers and delivery models offered by Sylvan owners within the state. This helps to establish an initial understanding of the programs and structure. Following is some sample language to use.

“SylvanLearningCenter is the leading provider of tutoring for children in grades K-12. To respond to the requirements of the NCLB Act and to best serve children who are eligible for supplemental services under NCLB, Sylvan has developed a new education model designed to be delivered at schools or in other convenient community locations. The model is based on small class instruction focusing on the most critical reading and math skills at each grade level. This program, called “Ace it!” Tutoring, will be offered in the following school districts/geographic areas: [LIST DISTRICTS]. In addition, Sylvan will be offering its traditional, individualized program in Sylvan Learning Centers in the following districts/geographic areas: [LIST DISTRICTS].”

  • Verify the state application process, timelines and deadlines, existence of State Application conferences, etc.
  • If the application deadlines have passed for the school year, inquire about a possible extension process.
  • Communicate basic information about the “Ace it!” Tutoring/Sylvan Learning Center territory structure and the number of applications, serving different geographies that the representative will receive.
  • Serve as the primary contact for the state representative.
  1. The primary liaison should communicate all information, obtained through contact with the state representative, to all other statewide franchise operators and corporate centers that want to apply.

IV.State Application Process Checklist

This section includes step-by-step guidance to help you through the State Application process and subsequent activities. Follow the guidelines and answers outlined in Section V, B. to complete the actual application. Using the guidance offered in both sections will help you to complete your application as quickly as possible.

We urge you to use the information in these sections; however, we cannot guarantee that following the checklist in this section or using the guidelines in Section V, Standard Questions and Answer Guidance, will make your application complete. We also cannot guarantee that your application will be approved, because states and the Local Education Agency (LEA) may differ in the application and selection process.