2015-16 Supplemental Educational Services
Provisions and Assurances
General Assurance and Provisions

















Attests that the company this provider represents is licensed to do business in the State of
Washington.
Must comply with all applicable federal, state, and local health, safety, and civil rights laws.
Attests that the applicant/provider will not represent themselves as connected to, or partnered
with, any educational entity — unless there is an actual relationship in place, to which this
assurance refers. This includes any employees of the applicant/provider.
Applicant/provider and its employees, refrain from the use of any incentives in efforts around the
marketing of their services to families.
Must comply with SES Guidance pertaining to Supplemental Educational Services provided by the Office of
Superintendent of Public Instructions (OSPI).
Must serve all SES-eligible children equally, without discrimination, whose parents request services
from an SES provider.
Must be financially sound and able to complete services to the student and school without
disruption due to financial problems (e.g., the provider is not able to pay tutors for services
rendered).
Must charge the district only for services rendered in accordance with the contract between the
district and provider. May not charge the district for a portion of hours of services offered and
indicate that the remaining hours of service are to be provided free of charge.
Must not criticize, disparage, or mistreat district personnel or other provider. Must not treat school
administrators or staff disrespectfully or misinform them of their rights. This includes speaking
negatively about a district’s SES program or policies with parents/community organizations.
Must not disrupt regular school operations or administration. Providers may not visit schools and
ask to meet with principals or SES coordinators without making an appointment beforehand.
Must not interfere with a regular school day program by trying to talk with teachers, meet with
teachers, or email teachers about issues regarding their involvement with your programs. This
includes contacting school staff via phone, email, or mail for any purpose without the district’s
permission.
May not render services until the district confirms the eligibility of students for SES services.
Must not accumulate more than three “no shows” for scheduled tutoring sessions. Provider(s) must
reschedule with students/parents at least 24 hours before scheduled services, except the event of
inclement weather or emergencies.
Must not compensate district employees in exchange for access to facilities, to get student lists, or
any illegal purpose.
Must not solicit or accept an exclusive arrangement with any district or school, including, but not
limited to, an exclusive right to conduct in school assemblies or other marketing activities.
Must ensure the instruction provided and the content used by the provider are consistent with 1)
the instruction provided and content used by the school district and 2) state’s academic standards.
As well, the instruction provided and the content used by the provider must be consistent and
aligned with the Washington Common Core State Standards.
Provide a healthy, safe, and clean environment in which to tutor students.
Page 1 of 8
Supplemental Educational Services
Provisions and Assurances






Ensure all instruction content offered under P.L. 107-110, Section 1116(e) is secular, neutral, and
non-ideological.
Ensure all individuals working with students in the applicant/provider’s SES programs have
undergone background and fingerprint checks through the Washington State Patrol and Federal
Bureau of Investigation (FBI), and are approved to work with children. The applicant/provider must
follow these Fingerprint Requirement Instructions. Background check clearance must have
occurred within the past 2 years to be valid. Anyone working without this clearance could
result in the immediate termination of the contract and provider agreement.
Provide proof of background check clearance to the school district. The applicant/provider must
attach a list of the individuals, who will be working with the children, to each contract the provider
has with the district. Districts will be responsible for ensuring each tutor has obtained background
check clearance before services may begin.
When the applicant/provider or any of its employees has reasonable cause to believe that a child
has suffered abuse or neglect, the provider must report to, or make sure a report is filed with, the
proper law enforcement agency, or to the Department of Social and Health Services, as directed by RCW
26.55.050. Abuse or neglect means sexual abuse, sexual exploitation, or injury of a child by any
person under circumstances, which cause harm to the child's health, welfare, or safety, excluding
conduct permitted under RCE 9A.15.100, or the negligent treatment or maltreatment of a child by a
person responsible for, or providing care to, the child.
Certifies that to the best of its knowledge and belief, the contractor or any of its principals are not
presently debarred, suspended, proposed for debarment, or otherwise declared ineligible for the
award of contracts by any federal agency because the contractor or its principals appear in the
current “LIST OF PARTIES EXCLUDED FROM FEDERAL PROCUREMENT OR NONPROCUREMENT
PROGRAMS” published by the U.S. General Services Administration Office of Acquisition Policy.
View the complete list: USGSA Excluded Parties List System.
Applicant/provider must keep all documentation related to these provisions and assurances on file
at their official business address for 5 years, in the event that a school district or OSPI requests to
review them. Distance learning providers must keep all documentation related to these provisions
and assurances on file at the site where the provider delivers services.
Page 2 of 8
Supplemental Educational Services
Provisions and Assurances
Assurances - Marketing Practices
SES providers are permitted to market their services directly to members of the community, however
there are restrictions on how they market.
 Must not represent themselves to be an agent of the school district or OSPI.
 May not offer or advertise economic incentives or gratuities of any kind.
 Must ensure promotional materials and advertisements are free of deception and false statements;
only OSPI-approved promotional materials may be distributed.
 May not distribute the district’s enrollment forms unless given permission to do so by the district.
 Must avoid any appearance of bullying or pressuring the parent to enroll; high-pressure sales
tactics are strictly prohibited.
 Must ensure that district and school personnel hired by the provider perform instructional duties
only, and that they do not engage in marketing activities, recruit students, distribute or collect
enrollment forms, or in any way promote or encourage students to enroll in the provider’s program
— this applies to districts serving as SES providers as well.
Page 3 of 8
Supplemental Educational Services
Provisions and Assurances
Assurances - Contact and Communication with Parents, Students, Schools and
Districts












Must not sign up students without earlier notification from the district. Only the district can
determine the eligibility of students for SES and communicate with parents about eligibility for SES
Services.
Regulations permit SES providers to distribute a district’s enrollment form only with permission
to do so from the district. The fact that an enrollment form is published on a district website
does not grant this permission. SES providers must not help a parent or guardian complete or
submit the enrollment form, or collect enrollment forms. Parents are to turn in their enrollment
form directly to the district.
Providers must not tamper with district enrollment forms. It is not acceptable for a provider to prepopulate forms with the provider name, to complete the forms on behalf of a student or parents, or
to submit them to the district on behalf of students or parents.
Create and use promotional materials and advertisements free from deception. For example,
advertisements must not insinuate that an organization is the only provider parents can select, or
that a particular program is supported by the district or a district program. On request by OSPI or
the school served, the provider must submit all promotional materials and advertisements related
to the SES program.
Must not offer or advertise to parents or potential students any form of incentive/award to be given
to students for completion of attendance or performance goals, prior to the student’s actual
enrollment in the program and prior to the start of SES. This includes digital learning devices such
as tablets and laptops.
Must not advertise unfair or misleading information about your services or that of another vendor.
Advertising includes any written or oral communication.
Must not offer or advertise economic incentives or gratuities of any kind to parents or students,
who could be eligible for SES, as a means to solicit their selection of the applicant/provider. This
includes transportation, food, prizes, and even small promotional items such as pencils and candy.
Providers may not offer additional SES services for free.
Must not misrepresent the location of a provider’s program or its approval status. If services are
contingent on a minimum student enrollment, approval of a district, or the use of a school facility,
the provider must state the applicable contingencies in its marketing materials.
Providers must not encourage students/parents to switch providers once enrolled.
Provide services in each and every district the applicant/provider selected on Pg. 4 of this
application, regardless of the number of students. Providers who violate this assurance will be
subject to immediate removal from OSPI’s list of approved providers.
Do not make any representations as to whether a school district must pay all, or any portion of, the
cost of services related to the advertising and informational materials made available to parents
and students.
Must not interfere with a regular school day program by trying to talk with teachers, meet with
teachers, or email teachers about issues regarding their involvement with your programs. This
includes contacting school staff via phone, email, or mail for any purpose without the district’s
permission.
Page 4 of 8
Supplemental Educational Services
Provisions and Assurances






Solicit parents and students outside the school building when parents are dropping off or picking up
their children in an effort to recruit them to sign up for a specific program. This invades their
privacy.
Must not misinform parents of their SES options or that a student can finish one program and then
sign up for another one.
Must not solicit business on school premises except during scheduled SES meetings, fairs,
conferences, and other events to which providers have been invited to attend.
Ask students enrolled in the provider’s program to recruit other students for the program.
Providers may not promote or provide tutoring more than maximum hours allowed per day/per
week — 6hrs per week max (Sat & Sun: 2 hrs. per day max).
Provide parents/guardians of children receiving SES under P.L. 107-110, Section 1116(e) and the
applicable school district information related to the academic progress of their children in a format
and in languages parent(s)/ guardian(s) can understand.
o State the specific achievement goals for the student.
o Describe how the applicant/provider will measure the student’s progress.
o For students with disabilities, provide a timetable for improving achievement consistent with
the student’s individualized education program (IEP) under section 614 (d) of the
Individuals with Disabilities Education Act.
o Describe how the student’s parent(s)/guardian(s) and the student’s teacher(s) will be
informed regularly, at least four times during the delivery, of the student’s progress.
o Provide for the termination of such agreement if the applicant/provider is unable to meet
the goals and timetables.
o Cover provisions with respect to making payments to the applicant/provider by the school
district.
o Establish an agreed upon tutoring location, timeline, and schedule.
Page 5 of 8
Supplemental Educational Services
Provisions and Assurances
Assurances - Complaint Procedures



Maintains a system or procedure for addressing consumer grievances and concerns and must be
able to produce this procedure upon request by the school district or OSPI.
Distribute, free-of-charge, adequate information to parent(s)/guardian(s) related to the school
district’s complaint procedures, and OSPI’s written complaint procedures for violation(s) of a Federal
statute or regulation that applies to Title I, Part A programs). [ Chapter 392-168 WAC Special Services
Programs-Citizen Complaint Procedures for Certain Categorical Federal Programs.]
Applicant/provider must disclose an SES complaint to the contracting school district first.
Assurances - Facility Usage






Applicant/provider is able to contract with a district/school for the use of a facility, if the district’s
policy allows for facility use by outside organizations. Districts are not required to provide space or
resources for SES services. For example, staff, computers, copies, facility.
A district is allowed to charge additional fees for the use of school facilities.
Ensure supervision of students before, during, and after tutoring sessions while at a school site.
Ensure supervision of students starting at the end of the school day, and as long as students are
on school grounds. Elementary age students must be supervised until released to
parents/guardians.
Get a letter of agreement or facility use contract between the provider and the district that states:
if parents choose this facility, there will be space available in the building. On request, send these
agreements to the school district and OSPI.
Must not make payments or in-kind contributions to a district, exclusive of customary fees for
facility utilization.
Requests for SES tutoring space must be directed to the district, not to the school. In no cases
should providers contact schools directly.
Page 6 of 8
Supplemental Educational Services
Provisions and Assurances
Assurances - Staff Requirements





Holds full responsibility for the safety of students in their program. Students must not be left
unattended during tutoring sessions.
Applicant/providers are able to hire district and school personnel for instructional purposes only.
District or school personnel hired as instructors, for example teachers, must not recruit students to
a provider’s program, engage in marketing activities on behalf of a provider, distribute or collect
enrollment forms, or in any way promote or encourage students to enroll in a provider’s program.
Applicant/providers can hire district personnel, who have responsibility for, or involvement with,
the district-level administration of SES to perform clerical functions only, for example, duties that
have no relationship to the marketing of a provider’s program or recruitment of students.
Applicant/providers are able to employ parents of eligible students only if the position has a written
job description and the applicant/provider compensates the employee on the same basis as all
other employees of the provider who perform similar work. Parents must not receive any
commission or other benefit related to the enrollment of his or her child in a provider’s program.
Parents must not be the subject of any employment action by the provider because of the parent’s
selection of a specific SES program for his or her child.
Assurances - Programmatic Requirements for SES Applicant/Provider










Must begin instruction within 28 days of the parent’s selection of an applicant/provider.
Ensure that programs align with the state’s academic standards and, in the case of a student with
disabilities, are consistent with the student’s individualized education program (IEP) under the
Individuals with Disabilities Education Act.
Ensure that programs build on the academic program a student experiences in the regular school
day and are aligned with the district’s curriculum.
Offers an instructional program in reading, math, or English language arts based on students’
needs — determined by pre-testing or diagnostic assessments conducted by the school district.
Use high-quality, research-based instructional practices designed specifically to increase students’
academic achievement or language proficiency. Applicant/providers must provide
remediation/instruction that addresses the individual skill gaps revealed during the assessment
process and base remediation/instruction on an individual learning plan.
Administer the instructional program described in the approved application. Applicant/providers
must offer the program to students — at or below — the cost detailed in the approved application.
Must not disclose the identity of any student, eligible for or receiving SES, to the public — without
the written permission of the parent.
Must not apply additional admission criteria to eligible students.
Must administer a standardized pre- and post-assessment able to identify academic weaknesses
and achievement gaps.
Must build individual Student Learning Plans with learning goals. The assessment must be able to
identify, by score, an overall gain.
Page 7 of 8
Supplemental Educational Services
Provisions and Assurances
Assurances - Data Collection




Must have a standardized pre- and post-assessment able to identify students’ weaknesses and
achievement gaps, and able to build an individual student plan and learning goals. The assessment
must be able to identify, by score, an overall gain.
Provide a copy of any assessments used in the program to the school district and OSPI.
Must not attempt to influence or bias parents who are completing an evaluation of the provider’s
student plan and learning goals.
Report to OSPI and district(s) the information necessary to determine the effectiveness of the
program. OSPI will establish a timeframe for this report.
Assurances - Ramifications for Noncompliance



Applicant/provider has 30 days to develop, in writing, a corrective action plan, if their program
does not comply with the provisions and requirements detailed in this form. The correction action
plan must address how the provider will remedy the stated infractions, and ensure that these
infractions will not occur again. OSPI will review and approve the corrective action plan, in
conjunction with the affected district. In some instances, OSPI could dictate corrective actions that
the applicant/provider must take by a specific deadline.
If the provider fails to take corrective action, remedy the infractions, or the infractions continue,
the applicant/provider will be subject to immediate removal from OSPI’s list of approved providers.
The applicant/provider must cooperate with OSPI throughout all investigations.
Page 8 of 8