Contract: This Letter of Agreement establishes a Shared Services Arrangement (SSA) between Education Service Center Region XIII (Region XIII) and the signing Member District. Region XIII will serve as the Fiscal Agent in this Shared Services Arrangement. Contractor: Region XIII, Fiscal Agent Contractee (District or Charter): Program: Elementary and Secondary Education Act Title III, Part A, English Language Acquisition, Language Enhancement, and Academic Achievement program for Immigrant Students. Funding Allocation within the SSA: Member District - $20% of the district 2012 2013 Title III Part A ELA Immigrant grant allocation is the Member District Allocation within the SSA. Fiscal Agent Remainder of Member District 2012 2013 Title III Part A ELA Immigrant grant allocation is the Fiscal Agent Allocation within the SSA. The Fiscal Agent administers the Member District grant allocation on behalf of the Member District. The Member District Allocation flows through to the Member District from the Fiscal Agent. Contract Year: July 1, 2012 to June 30, 2013 Program Assurance: Region XIII, as the Fiscal Agent for the SSA, is responsible for ensuring that funds are used in accordance with the Title III, Part A fiscal and program provisions and assurances and the requirements of the Texas Education Agency Financial Accountability System Resource Guide. Section 1: Administrative Guidelines of Consortium 1a. Organization The Executive Director of Region XIII and the Superintendent or Designee of the Member District(s) are the authorities enacting the fiscal and programmatic components of this SSA. Region XIII will hire and maintain on staff Education Specialists, Program Managers, and / or Coordinators as appropriate to provide programmatic professional development and technical assistance to Member District. Region XIII will hire and maintain on staff fiscal and budgetary specialists as appropriate to provide fiscal support and technical assistance to Member District. For the purposes of this contract, both Region XIII and the Member District may act as Purchasing Entities for purchases made with their fiscal allocations within the SSA. Member District must remain in the SSA for the entire Contract Term. Page 1 of 7
1b. Provisions, Assurances, and Certifications Both ESC Region XIII and the Member District are responsible for operating in accordance with the Provision, Assurances, and Certifications stated in the Texas Education Agency SASNCLB grant application. 1c. Ownership of Assets and Notice of Grant Award Status 1d. Liabilities All assets, including both liquid and fixed assets, will be owned by the purchasing entity. Purchases made by the Member District with its fiscal allocation within this SSA will be owned by the Member District. Purchases made by Region XIII with its fiscal allocation within this SSA will be owned by Region XIII. If at the end of the Contract Term this SSA is terminated by its members, or if the Member District leaves the SSA, the assets purchased during the Contract Term remain with the entity that purchased them. If the SSA is terminated and liquid assets, consisting of either current year, carry over, or reallocated Title III Part A Immigrant grant funds remain, they will be distributed to the Member Districts terminating this SSA on the same basis as the Member Districts grant allocations that funded the SSA at the beginning of this Contract Term. If a Member District terminates its membership in the SSA at the end of the Contract Term and liquid assets, consisting of either current year, carry over, or reallocated Title III Part A Immigrant grant funds remain, they will be distributed to the Member District. If a district becoming a Member District for the first time at the beginning of this Contract Term has remaining Title III Part A Immigrant grant funds from an independent project, those funds will become Region XIIIs Fiscal Agent Allocation. Should liabilities be incurred due to complaints, grievances, or litigation, Region XIII and the Member District(s) will share costs as follows: If the liability is a result of Region XIII action, then Region XIII is responsible for the liability. If the liability is a result of the Member Districts action, then the Member District is responsible for the liability. Refund liabilities that result for on-site monitoring or audits will be shared as follows: If the refund liability is a result of Region XIII action, then Region XIII is responsible for the liability. In this case, Region XIII will return the liability to the Texas Education Agency If the refund liability is the result of Member District action, the Member District is responsible for the liability. In this case the refund the Member District will return the liability to Region XIII. Region XIII will return the liability to the Texas Education Agency on behalf of the Member District. Uncontrollable costs due to actions taken against this SSA will be assessed on a prorated basis between Region XIII and the Member District(s) on the same basis as the Member District(s) grant allocations that funded the SSA at the beginning of this Contract Term. Page 2 of 7
1e. Basis for Fiscal Agent and Member District Allocations within the SSA The Member District Allocation is 20% of the Member District 2012 2013 Title III Part A ELA Immigrant grant allocation. The Fiscal Agent Allocation is the remainder of Member District 2012 2013 Title III Part A ELA Immigrant grant allocation. Region XIII will provide the Member District its Member District Allocation based on the Member District sending Region XIII a completed Expenditure Report. The Member District must file its Expenditure Report no later than December 31, 2013. 1f. Use of Funds Region XIII will use its Fiscal Agent Allocation to provide Title III, Part A Immigrant professional development, technical assistance, fiscal assistance, and, as appropriate, products at either reduced costs or no cost to the Member District(s) of this SSA. Region XIII professional development, technical assistance, and fiscal assistance will be provided by appropriately certified Region XIII staff. These services may include, but are not limited to: Training, Coordination of educational resources, Performance-Based Monitoring System support, Technical assistance, Program planning, Program evaluation, Title III Part A Immigrant grant administration services, and Discounted registration fees at one or more regional conferences. Member District must not exceed the Texas Education Agency SASNCLB grant application major object budget categories without prior written approval of Region XIII. Member District budget changes must be approved by Region XIII prior to expenditure of funds in the changed budget categories. The Member District must account for its Member District Allocation in its official accounting records. The Member District must budget, expend, and report funds according to the requirements of the Texas Education Agency Financial Accountability System Resource Guide. All expenditures must occur after the beginning date and before the ending date of this Contract Term. All services must be rendered between the beginning and ending dates of the grant. All travel must occur by the ending date of the grant. All materials and equipment must be delivered before the ending date of the grant and must be ordered and delivered in time to substantially benefit the current grant period and in no case after the ending date of the grant. In most instances, goods or services delivered near the end of the grant period are viewed by the Texas Education Agency as not necessary to accomplish the objectives of the current grant program and the Texas Education Agency or an auditor may disallow the expenditures. Expenditures of grant allocations are restricted to the provision of services in accordance with the guidelines under which this agreement is made. Page 3 of 7
1g. Payment ESC Region XIII will pay the Member District approved cost expenditures on a timely basis upon receipt of an Original Signed Letter of Agreement and an expenditure report. 1h. Records Financial records must be maintained by the Member District for seven years from the end of this Contract Term and are subject to an audit by Region XIII and by the Texas Education Agency. 1I. Reports Fiscal and Expenditure Reports The Member District must submit interim and final expenditure reports to Region XIII. These reports must be prepared from the official accounting records of the Member District and must reflect actual expenditures within the Contract Term. The reports shall include the name and signature of the Member District Superintendent or Designee. The Member District must submit the final expenditure report within 30 days of the ending date of the Contract Term of this SSA. Program Reports Program Reports as required by Title III, Part A Immigrant shall include the name and signature or the Member District or Designee. 1j. Private Nonprofit Schools The Member District is responsible for consulting with the private nonprofit schools within its geographic service area. Documentation regarding the Member Districts consultation with private nonprofit schools must be maintained at the Member District. The Member District will complete the ESEA Private Nonprofit Form and submit it to Region XIII. 1k. Accountability Measures The Member District is responsible for assuring compliance with Title III, Part A Immigrant accountability measures and any subsequent requirements resulting from Member District performance on those measures. 1l. Access to Services by Member Districts: The Member District agrees to provide release time for selected teachers and administrators to participate in professional development and technical assistance activities provided by the SSA as articulated in this agreement. The Member District agrees to permit Region XIII Title III, Part A Immigrant staff to provide Member District campuses and classrooms, as appropriate. Page 4 of 7
Section 2: Program Information The purpose of Title III, Part A - Immigrant is the following: Help ensure that children who are immigrant children and youth, attain English proficiency, develop high levels of academic attainment in English, and meet the same challenging State academic content and student academic achievement standards as all children are expected to meet. Assist all immigrant children and youth, to achieve at high levels in the core academic subjects so that those children can meet the same challenging State academic content and student academic achievement standards as all children are expected to meet, consistent with section 1111 (b)(1). Develop high-quality language instruction with educational agencies, and schools in teaching and serving immigrant children and youth. Assist State educational agencies and local educational agencies to develop and enhance their capacity to provide high-quality instructional programs designed to prepare immigrant children and youth to enter all-english instructional settings. Assist State education agencies, local education agencies, and schools to build their capacity to establish, implement, and sustain language instruction educational programs, and programs of English language development for immigrant children and youth. Promote parental and community participation in language instruction educational programs for the parents and communities of immigrant children and youth. Streamline language instruction education programs into a program carried out through formula grants to state educational agencies and local educational agencies to help immigrant children and youth, develop proficiency in English, while meeting challenging State academic content and student academic achievement standards. Hold State educational agencies, local educational agencies, and schools accountable for increases in English proficiency of immigrant children and youth by requiring: Demonstrated improvements in the English proficiency of immigrant children and youth each fiscal year. Adequate yearly progress for immigrant children and youth, as described in section 1111(b)(2)(B). Provide State educational agencies and local agencies with the flexibility to implement language instruction educational programs, based on scientifically based research on teaching immigrant children and youth, that the agencies believe to be the most effective for teaching English. Page 5 of 7
Section 3: Program Support and Assistance The Bilingual/ESL team will provide technical support and assistance and professional development in the areas of: Compliance and Accountability Promote Program Compliance ESL Programs Bilingual Programs Dual Language Programs Increase the number of teachers qualified to work with LEP students ESL Academies TExES ESL Supplemental test preparation and review Assessment Language Support Provide training and updates regarding federal and state Assessments STAAR TELPAS Language Proficiency Provide professional development to promote Academic and Social Language Development Bilingual Dual Language ESL English Language Proficiency Standards (ELPS) Sheltered Instruction Program Content and Design Assist in the development, implementation and program evaluation Bilingual Programs Dual Language Programs ESL Programs Instructional Coaching Provide consultation and coaching assistance for teachers serving ELLs Orientation and goal setting Instructional planning and coaching Instructional observations and debrief Learning walks Summative evaluation and reflection Page 6 of 7
ESC Region XIII Terry Smith, Executive Director Education Service Center Region XIII 5701 Springdale Road Austin, TX 78723 Signature Executed and signed this day of, 2012 Member District (Superintendent or Designee) (District) (Address) (City, State, Zip) Signature Title Executed and signed this day of, 2012 Step 1: Please review, execute, and return the Letter of Agreement to Region XIII by May 15, 2011. Step 2: (Title III-Immigrant) Please complete the Applicant Designation Certification Form in TEASE egrants and submit to TEA. Please return by May 31, 2012 to: For additional information, contact: Academic Services Janet O'Keeffe Education Service Center Region XIII 512-919-5333 5701 Springdale Road Janet.okeeffe@esc13.txed.net Austin, TX 78723-3675 Fax: 512-919-5302 Page 7 of 7