Supplemental Educational Services (SES) Provider Application

2009-2010

Dr. Veronica C. García Secretary of Education

TITLE I SUPPLEMENTAL EDUCATIONAL SERVICES (SES) PROVIDER APPLICATION

DUE: JUNE 9,2009

5:00 PM MOUNTAIN DAYLIGHT TIME TITLE I SUPPLEMENTAL EDUCATIONAL SERVICES (SES) PROVIDER APPLICATION

NEW MEXICO PUBLIC EDUCATION DEPARTMENT ALBUQUERQUE OFFICE Central New Mexico (CNM) Community College Workforce Training Center 5600 Eagle Rock Avenue, NE Room 201 Albuquerque, NM 87113

PURPOSE: To place entities on the state approved list of Title I supplemental educational services providers. The term supplemental educational services (SES) means tutoring and other supplemental academic enrichment services that are in addition to instruction provided during the school day and are of high quality, research-based, and specifically designed to increase the academic achievement of eligible children on required academic assessments and attain proficiency in meeting the state’s academic achievement standards.

INSTRUCTIONS: Please review and follow all directions carefully; no modifications to this application will be accepted, the completed application must remain as a Microsoft Office Word 2003 document. No supplemental material beyond what is specifically requested in the application will be considered.

If you have questions, please contact Art Martinez at (505) 222-4744.

Applicants must submit four complete hard copies of the application; one labeled “Original” and the other three labeled “Copy”. One USB drive with the application electronically loaded on it must be submitted and included with the “Original” application. Under no circumstances will a facsimile, electronic mail delivery, or late delivery of the application be accepted. Applications must be properly packaged to ensure contents of application are complete. The package must be labeled to clearly indicate that it is in response to the TITLE I SUPPLEMENTAL EDUCATIONAL SERVICES PROVIDER APPLICATION. The New Mexico Public Education Department (NMPED) will not correct or repair submitted applications that come apart during transit or delivery.

All applications are due and must be received no later than June 9, 2009, at 5:00 PM Mountain Daylight Time. All applications MUST be addressed and delivered to:

Art Martinez New Mexico Public Education Department CNM Community College Workforce Training Center 5600 Eagle Rock Avenue, NE Room 201 Albuquerque, NM 87113

Hand delivery of the application is acceptable.

All submitted applications will become the sole property of the NMPED.

Any inquiries or requests regarding this process should be submitted to Art Martinez in writing. Offerors may contact only Art Martinez regarding the application. Other state employees do not have the authority to respond on behalf of the NMPED.

2 SECTION I-GENERAL INFORMATION

Name of provider: Brilliance Academy

Website: www.brillianceacademy.net

Telephone number: (847) 559-7464

CONTACT INFORMATION - CONTACT INFORMATION MAY BE GIVEN TO FAMILIES AND SCHOOL DISTRICT PERSONNEL – BE SURE THE CONTACT INFORMATION IS ACCURATE. FAMILIES AND SCHOOL DISTRICT PERSONNEL MAY USE THE CONTACT INFORMATION FOR IMMEDIATE RESPONSES.

Contact (include title): Kabir Kassam, President/CEO

Address (include street, city, state, zip): 5940 W Touhy, Suite 200 Niles, IL 60714

Telephone (include area code): (847) 559-7464

Fax: (866) 782-6769

E-mail: [email protected]

Provider Classification. (Check (X) all that apply.) School district Charter school Community-based organization Faith-based organization For-profit commercial/ private educational services provider Not-for-profit Institution of higher education Other (explain and be specific.)

3 SECTION II-OVERALL ASSURANCES

To be eligible for approval, your organization must assure the New Mexico Public Education Department (NMPED), by issuing a statement of concurrence for each assurance, that all of the following are and shall remain true and correct. Failure to provide a statement of concurrence will result in a non-responsive submission. Failure to adhere to the assurances may result in the removal from the state approved list of Supplemental Educational Services providers.

Provision of Service and Student Progress The provider must provide parents of children receiving supplemental educational services and the appropriate LEA with written 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. The provider will ensure that written progress reports are delivered to parents/guardians and appropriate school and district personnel on a regular basis, as stated in this application and in the contract with the LEA. Written student progress reports will provide information to parents/guardians showing how their student is progressing towards the standards and benchmarks indicated on the individualized Student Improvement Plan. The provider will keep copies of these progress reports on file for review, if needed by the NMPED, its contractor or the United States Department of Education. A statement of concurrence is required. Brilliance Academy agrees and will comply with this statement.

Consistency of Instruction The provider must ensure the instruction provided and the content used by the provider are consistent with the instruction provided and content used by the LEA and state, and are aligned with state student academic achievement standards (New Mexico Standards for Excellence 6.30.2 NMAC). A statement of concurrence is required. Brilliance Academy agrees and will comply with this statement.

Compliance with Applicable Laws The provider must comply with all applicable federal, state, and local health, safety, and civil rights laws. A statement of concurrence is required. Brilliance Academy agrees and will comply with this statement.

Non-Biased Instruction The provider must ensure all instruction and content offered are secular, neutral, and non-ideological. A statement of concurrence is required. Brilliance Academy agrees and will comply with this statement.

Compliance with Family Educational Rights & Privacy Act (FERPA) The provider must ensure compliance with the FERPA of 1975, as amended (ensures access to educational records for students and parents while protecting the privacy of such records), and any regulations issued thereunder, including Privacy Rights of Parents and Students (34 CFR Part 99), if the contractor is an educational institution. A statement of concurrence is required. Brilliance Academy agrees and will comply with this statement.

4 SECTION II-OVERALL ASSURANCES (Continued)

Agreement to Contract Once parents select a provider for their child, the LEA must enter into an agreement with the provider that includes the following minimum components: 1. a requirement that the local educational agency will develop, in consultation with parents (and the provider chosen by the parents), a statement of specific achievement goals for the student, how the student's progress will be measured, and a timetable for improving achievement that, in the case of a student with disabilities, is consistent with the student's individualized education program under section 614(d) of the Individuals with Disabilities Education Act;

2. a description of how the student's parents and the student's teacher or teachers will be regularly informed of the student's progress;

3. a provision for the termination of such agreement if the provider is unable to meet such goals and timetables;

4. provisions with respect to the making of payments to the provider by the local educational agency;

5. a provision that prohibits the provider from disclosing to the public the identity of any student eligible for, or receiving, supplemental educational services under this subsection without the written permission of the parents of such student; and

6. specific achievement goals for the student, developed in consultation with the student’s parents [Section 1116(e)(a)]. A statement of concurrence is required. Brilliance Academy agrees and will comply with this statement.

On-line/ distance learning The provider must ensure supervision will be provided while children are participating in the program. Families are not responsible for any fees (accessing computers, an internet connection and/or software - whether they are reimbursed or not) associated with enrolling in the program. Any fees incurred for operating the program are the sole responsibility of the provider. Failure to adhere to this provision may result in termination of contracts with LEAs and the NMPED reserves the right to remove provider from the state approved list. A statement of concurrence and description of how you will ensure appropriate adult supervision will be provided is required. Brilliance Academy agrees and will comply with this statement. All of our tutoring takes place after school at each school facility and is under the supervision of an adult tutor who has undergone fingerprinting and a thorough background check. There are no additional fees required for any of our families or students.

Contracts The NMPED will not intervene if contractual issues arise. Contractual issues need to be resolved by the LEA and the SES provider with whom the contract is being negotiated. SES providers will not under any circumstance begin to provide a service if a contract is not in place. All contracts need to be honored, or they may be terminated by either party. A statement of concurrence is required. Brilliance Academy agrees and will comply with this statement.

Taxation and Revenue The provider will ensure that needed taxation and revenue documentation is secured to work and conduct business in New Mexico before providing any services. The provider will supply the NMPED and/or local school district taxation and revenue documentation when needed. Failure to obtain proper taxation and revenue documentation may result in termination of contracts with LEAs and may result in removal from state approved list of Supplemental Educational Service providers. A statement of concurrence is required. Brilliance Academy agrees and will comply with this statement.

6.19.6 NMAC The provider and all employees and or subcontractors must review and adhere to the requirements set forth in 6.19.6 NMAC; provided as Attachment A. A statement of concurrence is required. Brilliance Academy agrees and will comply with this statement.

Supplemental Educational Services Non-Regulatory Guidance The provider and all employees and or subcontractors must review the Supplemental Educational Services Non-Regulatory Guidance; provided as Attachment C. A statement of concurrence is required. Brilliance Academy agrees and will comply with this statement.

Reporting and Monitoring Requirements The provider must comply with all reporting and monitoring requests from the NMPED, its contractor or an LEA including, but not limited to student progress, attendance, fiscal issues, other federal reporting issues, and documentation of tutor qualifications. A statement of concurrence is required. Brilliance Academy agrees and will comply with this statement.

Background check The provider must ensure that all employees, contractors or subcontractors who will work with children at a public school facility, will successfully obtain a background check from an agency that the school district approves (based on the local school board policy). Failure to obtain background checks will result in employees or subcontractors not being able to provide services to students enrolled. Under no circumstance will an employee, contractor or subcontractor work with a student if they do not have valid background check. The NMPED strongly encourages the provider to ensure that all tutors obtain a background check, regardless of physical location of tutoring session. A statement of concurrence is required. Brilliance Academy agrees and will comply with this statement.

Student Safety The provider will ensure that students who receive services will be supervised until student has secured safe and reliable transportation to their next destination. Time supervising students during this time cannot be billed to the LEA where services are taking place. A statement of concurrence is required. Brilliance Academy agrees and will comply with this statement.

Providing Services If selected to provide services by parents/guardians, your organization must ensure that services begin in a timely manner. If services do not follow the timelines in the agreed upon contract, the contract may be terminated by the LEA, and students may be reassigned. A statement of concurrence is required. Brilliance Academy agrees and will comply with this statement.

On-line Data Management System The provider will ensure that all required data and information will be uploaded, when requested, through an on-line data management system operated by the districts where services are being provided. A statement of concurrence is required. Brilliance Academy agrees and will comply with this statement.

Tutor Selection/Hiring Process You must describe your selection/hiring process of tutors and the process you use to match tutors with students. Failure to respond will result in a non-responsive submission and your application will not be reviewed. Be sure to indicate your criteria for pairing tutors with students. Tutor qualifications/background, content area and grade(s) of expertise must match the needs of the student. A description of your selection/hiring process is required. Failure to respond to this description will result in a non-responsive submission and your application will not be reviewed.

Brilliance Academy only serves students in on-site school facilities. Staff and tutors regard safety as an utmost priority and adhere to school and facility rules and regulations. We also carefully monitor our processes and ensure that our tutors are background checked.

Brilliance Academy aggressively recruits tutors that have experience in providing quality education to students. In addition, all new recruits are required to be certified by the National Tutoring Association. We also carefully monitor our processes and ensure that our tutors are background checked. We look for tutors who have experience and certification with ESL populations or experience with students with physical disabilities. Additional quality training is provided by us through annual training and ongoing tri-annual workshops.

The second level that differentiates our staffing model is our mentors. These individuals play an invaluable role in modeling, advising and supporting our instructional staff. The mentor must have a minimum of two years classroom experience, but are generally veterans, and have experience teaching adults. They must also be NTA certified. Mentors must have a minimum of a BA, but many hold Masters Degrees. Mentors are characterized as compassionate, organized, outgoing and knowledgeable. This role is intended to provide accountability to the educational process and nurture the tutor.

The third level of staffing ensures that the tutor and mentor are unburdened and free to care for the education of each of our students. The regional managers and administrative staff handle logistics and procedures and streamline such processes as attendance and progress reporting. All three levels are in predictable and structured communication with one another.

The staff that we hire is carefully and meticulously chosen for their abilities to bring about positive academic change in our students by following our models of instruction and curriculum philosophy. During our training periods, our tutors are constantly assessed and qualified. This additional effort on our part creates continuity and connectivity from our curriculum to each of our classrooms. Thus, when tutors and mentors are trained and qualified in the Brilliance Academy methodology, standardization and predictability occurs.

Brilliance Academy has been working with Title I schools and students for three years. We have been present in over 56 Title I schools where we have served over 2250 students. We are intimately aware of special

7 challenges of social, racial, and economic natures. Many are teachers in the Title I schools in which they tutor. Mentors and tutors combined have an average of seven years working with Title I students.

Parents’ Right to Know If selected to provide services by parents/guardians, your organization must ensure, before the start of tutoring, that the educational qualifications of tutors providing services will be fully disclosed to parents/guardians who have enrolled their student in your program. A statement of concurrence is required. Brilliance Academy agrees and will comply with this statement.

Engaging Students If selected to provide services by parents/guardians, your organization must ensure that students enrolled in your program are actively engaged in the learning process and the standards and benchmarks that will be addressed are aligned to the individualized Student Improvement Plans. The tutor must have an individualized Student Improvement Plan, for each student enrolled, on file at all times so that it may be regularly accessed to ensure alignment with the tutoring program. Models based on homework help may not be the sole method of delivery. Homework help may be utilized as one component of a comprehensive model if it addresses the standards and benchmarks identified in the individualized Student Improvement Plan. Providers must have their own curriculum. A statement of concurrence is required. Brilliance Academy agrees and will comply with this statement.

Scheduling Services A master list of tutor schedules, which includes at minimum: days, times, and location (building/room number or address where services will take place) of services must be given to the District Administrator to help ensure student safety and fiduciary responsibilities are being met, by the date specified in the contract with the LEA. A statement of concurrence is required. Brilliance Academy agrees and will comply with this statement.

Notifying Parents and District Personnel If services can not be provided to children enrolled with your program, your organization must contact the families affected and the appropriate District Personnel and notify them that you will not be able to provide services. Notifying families is the sole responsibility of your organization, and not the responsibility LEA in which the student is enrolled. Failure to inform parents/guardians and the District Personnel could result in an unfavorable end-of-year evaluation and may result in the termination of your contract with the LEA in which the students are enrolled. A statement of concurrence is required. Brilliance Academy agrees and will comply with this statement.

Endorsement If selected as a provider through this application process, your organization will not consider selection as an NMPED endorsement or as a guarantee of work. You understand that the NMPED does not guarantee payment by a district (LEA). A statement of concurrence is required. Brilliance Academy agrees and will comply with this statement

Tutor Training The provider will ensure that all employees/tutors will undergo appropriate training related to the researched based delivery of Supplemental Educational Services, including but not limited to delivery of the approved model/program, correctly filling out student progress reports and other required documents by the LEA, NMPED and/ or its contractor. All trainings must be documented. A statement of concurrence is required. Brilliance Academy agrees and will comply with this statement

21 st Century Community Learning Centers (CCLC) collaboration If selected as a provider through this application process, your organization will engage in meaningful consultation with 21st CCLC sites where both SES providers and 21st CCLC programs could operate. A statement of concurrence is required. Brilliance Academy agrees and will comply with this statement

Providing services and removal from other states The provider will notify the NMPED in writing if they are an approved Supplemental Educational Services provider in other states and if they have been removed and state reason for removal from another state’s list of approved Supplemental Educational Services providers. Failure to disclose removal and/or reason for removal from another state’s list of approved Supplemental Educational Services providers will result in removal from approved provider list. A list of state(s) where you are currently approved and, if applicable, the state(s) you have been removed from and reason for removal is required. Brilliance Academy is an approved SES provider in Indiana, Ohio, Illinois, Nebraska, Texas, Minnesota, South Dakota, Washington, Michigan, Arkansas, Wyoming and Delaware. Brilliance Academy has not been removed as an SES provider from any states.

Indemnification The provider shall defend, indemnify and hold harmless the NMPED and the State of New Mexico from all actions, proceeding, claims, demands, costs, damages, attorneys’ fees and all other liabilities and expenses of any kind from any source which may arise out of the performance of this Agreement, caused by the negligent act or failure to act of the provider, its officers, employees, servants, providers or agents, or if caused by the actions of any client of the provider resulting in injury or damage to persons or property during the time when the provider or any officer, agent, employee, servant or provider thereof has or is performing services pursuant to this Agreement. In the event that any action, suit or proceeding related to the services performed by the provider or any officer, agent, employee, servant or provider under this Agreement is brought against the provider, the provider shall, as soon as practicable but no later than two (2) days after it receives notice thereof, notify the legal counsel of the NMPED and the Risk Management Division of the New Mexico General Services Department by certified mail. A statement of concurrence is required. Brilliance Academy agrees and will comply with this statement

SIGNATURE

I, THE UNDERSIGNED, CERTIFY that all information requested by this application has been provided and that all facts, figures, and representations are true and correct. I further certify that I have full legal authority to submit this application on behalf of the organization identified herein.

Kabir Kassam President/CEO Type or Print Name of Designated Agent Title of Designated Agent for Provider

June 1, 2009 Date Signed Signature of Designated Agent

10 SECTION III-SERVICE SUMMARY

1. Provide a brief description of your program that families may use in their initial search for providers. Use an “active” voice when writing this description and understand the audience to whom you are writing – families. Be sure to mention: (50 points) a) where and when services will take place,

b) the typical tutor- to-student ratio and tutor qualifications,

c) in what grade(s) and content area(s) the student will be receiving tutoring,

d) estimated number of hours of services are included,

e) if you can and how you will serve limited English proficiency (LEP)/English language learners (ELL) students and students with disabilities and

f) a description of what your program looks like, be sure to include the type of curriculum used and how the instruction is delivered.

Brilliance Academy is a for-profit organization that offers small group tutoring to students in both communication arts (reading and writing) and mathematics from K- 12 on-site at each student’s school. Our average program is 40 hours in length, with 3 60-minute classes per week, and each class consisting 1 tutor to a maximum of 10 students. Students have been successfully learning in our program for over three years and have significantly improved their standardized test and in-class scores. At Brilliance Academy we use a unique two-part approach to ensure that students are benefiting from our curriculum; one that is both individualized and grade-level aligned. The program that we use is designed by Brilliance Academy and aligned with state and national standards. Additionally, our curriculum has been endorsed by the National Tutoring Association.

Our typical student-to-tutor ratio is 10:1. Staff and tutors regard safety as an utmost priority and adhere to school and facility rules and regulations. Brilliance Academy aggressively recruits tutors that have experience in providing quality education to students.We also carefully monitor our processes and ensure that our tutors are background checked. Our tutors are first and foremost chosen for their ability to effectively communicate information and positively relate to our students. All tutors have teaching experience. Tutors must also be certified by the National Tutor Association (NTA) which we provide at our own expense. Additional quality training is provided by us through annual training and ongoing tri-annual workshops.

The staff that we hire is carefully and meticulously chosen for their abilities to bring about positive academic change in our students by following our models of instruction and curriculum philosophy. During our training periods, our tutors are constantly assessed and qualified. This additional effort on our part creates continuity and connectivity from our curriculum to each of our classrooms. Thus, when tutors and mentors are trained and qualified in the Brilliance Academy methodology, standardization and predictability occurs. Many are teachers in the Title I schools in which they tutor. Mentors and tutors combined have an average of seven years working with Title I students. Our tutors receive LEP instruction and training. Our tutors are not certified to

11 teach students with special needs, but we are aggressively pursuing that capability, but our curriculum is adaptive to students with special needs.

Brilliance Academy understands that each student is different. Students are not only on differing academic levels, but also they learn through a variety of modalities. This is why we believe it is important to first diagnose students academically and secondly assess their learning preferences. Our programming is designed with these elements in mind. Therefore, each student is given their very own curriculum based on their needs as outlined by the results of their initial standardized assessment. This means that if a student is strong in one area yet weak in another, s/he will receive a curriculum that is tailored to those needs. Often students can become frustrated, unmotivated or disenchanted if they find the work to be too difficult or too easy. This flexible programming allows us to offer students a chance to work on their level, whatever it may be, and feel successful. We are able to do this with the assistance of software that works in conjunction with the findings of our standardized tests.

2. Indicate which key words best match your program’s offerings: (Check (X) all that apply.) (0 points) On-line/ distance learning One-to-one instruction Small group instruction (Ratio of one tutor to no more than three students) Medium group instruction (Ratio of one tutor to four, five or six students) Large group instruction (Ratio of one tutor to seven students or more) Reading/Language Arts Mathematics Science Instruction for limited English proficient students Instruction for students with disabilities

12 SECTION III-SERVICE SUMMARY (Continued)

3. Provide a complete and detailed narrative description of your program that can be used to inform and provide information to districts and schools about your services (50 points). Program summaries must include, but are not limited to:

 the model of instruction, including specific strategies to evaluate the program’s effectiveness;  the total program hours per student (based on estimated per pupil allocation in each district – appendix B);  the ratio of instructors to children;  the typical weekly schedule of services;  the proposed location of services;  the qualifications of instructional staff in content areas of English, math and science (If your program is computer or web based you must provide specific information regarding tutor locations and tutor qualifications) and

 instructional materials and equipment provided (and those the student is required to provide, if any).

NOTE: This section needs detailed descriptions of what individual sessions will look like. Broad and general descriptions are not acceptable. Models based on homework help may not be the sole method of delivery. Homework help may be utilized as one component of a comprehensive model if it addresses the standards and benchmarks identified in the individualized Student Improvement Plan.

Brilliance Academy is a for-profit organization that offers small group tutoring to students in both communication arts (reading and writing) and mathematics from K- 12 on-site at each student’s school. Our average program is 40 hours in length, with 3 60-minute classes per week, and each class consisting 1 tutor to a maximum of 10 students. Students have been successfully learning in our program for over three years and have significantly improved their standardized test and in-class scores. At Brilliance Academy we use a unique two-part approach to ensure that students are benefiting from our curriculum; one that is both individualized and grade-level aligned. The program that we use is designed by Brilliance Academy and aligned with state and national standards. Additionally, our curriculum has been endorsed by the National Tutoring Association.

For example, if the Basic Achievement of Skills Inventory (our standardized, third-party, nationally recognized test by premier test writers, Pearson Vue) indicates that a child is below average on prefixes, suffixes and prepositions and above average on nouns, verbs and sentence structure, it gives us this itemized report. From this report the data is calculated by an additional software component that we use to

13 align the student’s needs with the right activities and lessons. Once all data has been collected for both reading and math, the individualized curriculum is created for each student. This is a surprisingly quick process and can have a turn around of a mere few days. We offer a grade-level interim curriculum while individualized teaching plans are being developed.

Additionally, the content of our curriculum is based in state standards, however the approach in how we administer the content is equally important. The basis our curricula implementation is Bloom’s Taxonomy (Benjamin S. Bloom; Taxonomy of Educational Objectives: Published by Allyn and Bacon, Boston MA 1984, revised by Pearson Education). Our philosophy of small class size as an effective theory of instruction is reflected in the Tennessee Class Size Experiment that follows the effects of small class size on younger students for a period of four years. This long term and often referred to study states, “…class size effects persist for at least 5 years and remain large enough to be important for educational policy. Thus, small classes in early grades appear to have lasting benefits” (Special Issue: Class Size: Issues and New Findings; Summer 1999, pp 127-142).

The individualized curriculum component is an efficient way to bring students up to grade level or to challenge them to excel further. For example, if a student is in the eighth grade and is struggling with multiplication, he may feel frustrated because his grade-level expectations demand that he divide fractions. This can be potentially overwhelming to the student. He must first solidify his understanding of basic multiplication to really feel comfortable and excel in division of fractions. The individualized component of our programming allows this student lessons and activities for skill building and knowledge acquisition.

Our tutors are first and foremost chosen for their ability to effectively communicate information and positively relate to our students. All tutors have teaching experience. Tutors must also be certified by the National Tutor Association (NTA) which we provide at our own expense. Additional quality training is provided by us through annual training and ongoing tri-annual workshops.

While the student catches up academically, s/he must not be subject to staying behind. Thus, the student should be learning grade-level state-aligned objectives simultaneously. We have systematically designed the second component of our program accordingly. Students participate in Reading, Writing and Math Projects. Each Project contains five to seven sessions of grade level lessons. Each project follows a three- pronged objective. In this manner, students will become unequivocally proficient in the objective if each learning goal is achieved. The Projects cater to a variety of learning modalities including visual learning, auditory learning and kinesthetic learning.

When the lessons and learning goals have been executed, students are administered a corresponding assessment. Each student should demonstrate a 25%-50% increase. The vast majority of students meet or exceeds this percentage goal.

Supplemental Educational Services Summary: Reading/ language arts Grade Level(s) Able to Serve: (Check (X) all that apply.) (0 points) K 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th Math Grade Level(s) Able to Serve: (Check (X) all that apply.) (0 points) K 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th Science Grade Level(s) Able to Serve: (Check (X) all that apply.) (0 points) K 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th

Check (X) the time(s) that best describe when you will deliver services to students. (0 points) Before School After School Weekends

Place of Service. (Check (X) all that apply.) (0 points) Student’s home (parent/guardian must be present) Student’s school Community center Place of worship On-line/ distance learning - include information on how and where children will access online services. If the program will be accessed outside of the student’s home discuss the supervision that will be provided while children are participating in the program. A computer is provided to the students which can be connected via the internet or brought to an onsite manager or tutor on a regular basis

Business establishment. List address (es); include street, city, state, zip.

Other (be specific.)

LEAs may charge providers for equipment, facilities, personnel, or other resources that they make available to those providers. LEAs are not required to provide a location on campus for providers.

The information provided below may be used by families to select the most appropriate SES provider for their student.

The NMPED reserves the right to edit any entry or description that may lead families to select services based on a complimentary resource to participate in the program instead of academic content.

The program description below must be provided in both English and Spanish. The template for English and Spanish are provided on the following pages.

Your target audience is families who have students who are eligible for SES. Be sure to use an “active voice” when creating your program descriptions. The information submitted on your program descriptions needs to accurately reflect your program and needs to align with your submitted application. Families, schools and districts will expect you to follow through with your program descriptions.

16 Name of Provider and Description of Services and Effectiveness and Subjects and Grades Tutor Qualifications contact information Expected Number of Service hours Student will be tutored Tutors are licensed teachers or have a bachelor’s Brilliance Academy Brilliance Academy is a for-profit organization Reading/ language arts degree or higher. Kabir Kassam that offers small group tutoring to students in both Grades able to serve: 5940 W, Touhy Ste.200 communication arts (reading and writing) and K-12 Tutors have less than a four year degree, but more Niles, IL 60714 mathematics from K- 12 on-site at each student’s than an associate of arts degree or its equivalent of 847-559-7464 school. Our average program is 40 hours in length, Math forty-eight (48) credit hours. kabirk@brillianceacade with 3 60-minute classes per week, and each class Grades able to serve: my.net consisting 1 tutor to a maximum of 10 students. K-12 Tutors have less than an associate of arts degree, Students have been successfully learning in our but more than a high school diploma or its program for over three years and have significantly Science equivalent. improved their standardized test and in-class Grades able to serve: scores. At Brilliance Academy we use a unique Background Checks two-part approach to ensure that students are Will all of your tutors undergo background checks? benefiting from our curriculum; one that is both Size of Tutoring Group YES individualized and grade-level aligned. The 1:1; 1:2; 1:3 tutor-to- NO, if not please explain why not: program that we use is designed by Brilliance student ratio Academy and aligned with state and national standards. Additionally, our curriculum has been 1:4; 1:5; 1:6 tutor-to- Can you serve ELL and/ or Special Needs endorsed by the National Tutoring Association. student ratio Students Yes 1:7 or greater tutor-to- student ratio

Location of Service At school

17 18 El nombre de La descripción de Servicios y Eficacia y del Los sujetos y Gradúa a Calificación del tutor Proveedor y Número Esperado de Atiende a horas Estudiante será dado clases Los tutores son licenciados a contacta Brilliance Academy es una organización privadas maestros o tienen una licenciatura o información para-beneficie que ofrece tutoria en grupos La lectura/las artes del idioma más alto. Brilliance Academy pequeños a los estudiantes en comunicación Los grados capaces de servir: Kabir Kassam (lectura y escritura) y matemáticas de k a 12 1-12 Los tutores tienen menos que un 5940 W. Touhy Ste. en la escuela de cada estudiante. Nuestro cuatro grado de año, pero más que 200 programa de media es de 40 horas de Matemáticas un socio de licenciatura en letras o Niles, IL 6071847- duración, con 3 clases de 60 minutos por Los grados capaces de servir: su equivalente de cuarenta y ocho 559-7464 semana, y en cada clase, 1 tutor consiste a un 1-12 (48) horas de crédito. kabirk@brillianceac máximo de 10 estudiantes. Los estudiantes ademy.net han estado aprendiendo con éxito en nuestro Ciencia Los tutores tienen menos que un programa por más de tres años y han Los grados capaces de servir: socio de licenciatura en letras, pero mejorado sus cuentas estandardizadas de más que un bachillerato o su prueba y en-clase. En el programa de equivalente. Brilliance Academy, Utilizamos un enfoque Tamaño de Dar clases privadas extraordinario de dos-parte para asegurar el Grupo El fondo Verifica que estudiantes beneficien de nuestro plan; 1:1; 1:2; 1:3 proporción de Hace a todos sus tutores uno que es individualizado y alineado al tutor a estudiante experimentan cheques de fondo? nivel de grado. El programa que utilizamos Sí es diseñado por Brilliance Academy y es 1:4; 1:5; 1:6 proporción de No, si no explica por favor por alineado con el Estado y las normas tutor a estudiante qué no: nacionales. Además, nuestro plan de estudios ha sido aprobado por la Asociación Nacional 1:7 o proporción más grande de Tutoría. de tutor a estudiante Pueden dar clases a estudiantes de ELL y/o de necesidades especiales Lugar de servicio yes en la escuela SECTION III-SERVICE SUMMARY (Continued)

Tutor-to-student ratio for your program. (0 points) 1:1; 1:2; 1:3 tutor-to-student ratio (A supplemental educational services provider that maintains a tutor: student ratio of one tutor to three students or fewer may charge the eligible school district the full hourly amount based on tutor qualifications.)

1:4; 1:5; 1:6 tutor-to-student ratio (A supplemental educational services provider that maintains a tutor-to-student ratio of one tutor to four students, one tutor to five students, or one tutor to six students may charge the eligible school district eighty-five percent of its hourly amount based on tutor qualifications.) If ratio exceeds one to three you must explain how your program will meet individual student needs.

1:7 or greater tutor-to-student ratio (A supplemental educational services provider that maintains a tutor- to- student ratio of one tutor to seven students or greater may charge the eligible school district fifty percent of its hourly amount based on tutor qualifications.) If ratio exceeds one to three you must explain how your program will meet individual student needs.

At Brilliance Academy we use a unique two-part approach to ensure that students are benefiting from our curriculum; one that is both individualized and grade-level aligned. The program that we use is designed by Brilliance Academy and aligned with state and national standards. Additionally, our curriculum has been endorsed by the National Tutoring Association after careful review.

Brilliance Academy understands that each student is different. Students are not only on differing academic levels, but also they learn through a variety of modalities. This is why we believe it is important to first diagnose students academically and secondly assess their learning preferences. Our programming is designed with these elements in 19 mind. Therefore, each student is given their very own curriculum based on their needs as outlined by the results of their initial standardized assessment. This means that if a student is strong in one area yet weak in another, s/he will receive a curriculum that is tailored to those needs. Often students can become frustrated, unmotivated or disenchanted if they find the work to be too difficult or too easy. This flexible programming allows us to offer students a chance to work on their level, whatever it may be, and feel successful. We are able to do this with the assistance of software that works in conjunction with the findings of our standardized tests.

NOTE: While providing services, providers may not exceed the ratios checked above.

Tutor Qualifications. (0 points) If you are currently approved as a SES provider in another state, provide information regarding tutor qualifications for the prior school year. List the percent (%) and number (#) of tutors who are: % # Licensed Teachers 100 Bachelor’s Degree or higher but not a licensed teacher Non degreed tutors

To successfully provide services in New Mexico, it is essential to understand its vast geographic and demographic nature. Please visit the following websites to get a geographic and demographic understanding of New Mexico: http://www.ped.state.nm.us/IT/schoolFactSheets.html http://www.newmexico.org/index.php http://www.newmexico.gov/

Visit the following website to view the schools that have a NCLB designation of School Improvement-Year 2 or beyond: http://www.ped.state.nm.us/ayp2007/ayp07dist.html - 2007 District Schools AYP Reports http://www.ped.state.nm.us/ayp2007/ayp_charters_2007.html - 2007 Charter Schools AYP Reports

The school ratings for 2008-2009 may not be released until August 2008 at the earliest, so the information provided to you at the above mentioned websites is meant to show you which districts and schools might have to offer SES.

You will only be able to serve the districts or schools that are listed. Failure to provide services in a district or school that you listed may lead to removal from the state approved list and may adversely affect your provider evaluation.

The term “statewide” will not be an acceptable answer. Using the term “statewide” will result in a non-responsive submission and your application will not be considered for approval. Each district or school that you will serve must be listed individually.

List all district(s) or state charted charter school(s) individually that you are able to serve. (0 points)

Districts Alamogordo Public Schools, Albuquerque Public Schools, Animas Public Schools, Artesia Public Schools, Aztec Municipal Schools, Belen Public Schools, Bernalillo Public Schools, Bloomfield Schools, Capitan Municipal Schools, Carlsbad Municipal Schools, Carrizozo Municipal Schools, Central Consolidated Schools, Chama Valley Indep. Schools, Cimarron Municipal Schools, Clayton Public Schools, Cloudcroft Municipal Schools, Clovis Municipal Schools, Cobre Consolidated Schools, Corona Municipal Schools, Cuba Independent Schools, Deming Public Schools, Des Moines Municipal Schools, Dexter Consolidated Schools, Dora Consolidated Schools, Dulce Independent Schools, Elida Municipal Schools, Espanola Public Schools, Estancia Municipal Schools, Eunice Municipal Schools, Floyd Municipal Schools, Fort Sumner Municipal Schools, Gadsden Independent Schools, Gallup-McKinley Cty Schools, Grady Municipal Schools, Grants-Cibola County Schools, Hagerman Municipal Schools, Hatch Valley Public Schools, Hobbs Municipal Schools, Hondo Valley Public Schools, House Municipal Schools, Jal Public Schools, Jemez Mountain Public Schools, Jemez Valley Public Schools, Lake Arthur Municipal Schools, Las Cruces Public Schools, Las Vegas City Public Schools, Logan Municipal Schools, Lordsburg Municipal Schools, Los Alamos Public Schools, Los Lunas Public Schools, Loving Municipal Schools, Lovington Municipal Schools, Magdalena Municipal Schools, Maxwell Municipal Schools, Melrose Public Schools, Mesa Vista Consolidated Schools, Mora Independent Schools, Moriarty Municipal Schools, Mountainair Public Schools, Pecos Independent Schools, Penasco Independent Schools, Pojoaque Valley Public Schools, Portales Municipal Schools, Quemado Independent Schools, Questa Independent Schools, Raton Public Schools, Reserve Independent Schools, Rio Rancho Public Schools, Roswell Independent Schools, Roy Municipal Schools, Ruidoso Municipal Schools, San Jon Municipal Schools, Santa Fe Public Schools, Santa Rosa Public Schools, Silver Consolidated Schools, Socorro Consolidated Schools, Springer Municipal Schools, Taos Municipal Schools, Tatum Municipal Schools, Texico Municipal Schools, T or C Municipal Schools, Tucumcari Public Schools, Tularosa Municipal Schools, Vaughn Municipal Schools, Wagon Mound Public Schools, West Las Vegas Public Schools, Zuni Public Schools

Charter Schools ACADEMIA DE LENGUA Y CULTURA, ALBUQUERQUE INSTITUTE OF MATH AND SCIENCE, ACADEMY FOR TECHNOLOGY & THE CLASSICS, ALDO LEOPOLD CHARTER, ALMA D'ARTE CHARTER, AMISTAD CHARTER, AMY BIEHL CHARTER HS, ANANSI CHARTER SCHOOL, BRIDGE ACADEMY CHARTER HIGH, CARINOS DE LOS NINOS , CESAR CHAVEZ COMMUNITY SCHOOL, CHARTER SCHOOL 37 , ALBUQUERQUE CHARTER VOCATIONAL HIGH SCHOOL, CHARTER VO-TECH CENTER, CHRISTINE DUNCAN 21 COMMUNITY , COTTONWOOD VALLEY CHARTER SCHOOL, CREATIVE EDUCATION PREP INSTITUTE #1, CREATIVE EDUCATION PREP INSTITUTE #2, DEMING CESAR CHAVEZ CHARTER HIGH, EAST MOUNTAIN HIGH SCHOOL, HORIZON ACADEMY SOUTH , HORIZON ACADEMY WEST , JEFFERSON MONTESSORI, LA ACADEMIA DE ESPERANZA, LA ACADEMIA DOLORES HUERTA, LA LUZ DEL MONTE LEARNING CENTER, LA PROMESA EARLY LEARNING CENTER, LA RESOLANA LEARNING ACADEMY, LACY SIMMS MIDDLE , LINDRITH AREA HERTIAGE CHARTER SCHOOL, LOS PUENTES CHARTER SCHOOL, MIDDLE COLLEGE HIGH SCHOOL, MONTE DEL SOL CHARTER SCHOOL, MONTESSORI ELEMENTARY SCHOOL , MONTESSORI OF THE RIO GRANDE, MORENO VALLEY HIGH SCHOOL , MOSAIC ACADEMY CHARTER, MOUNTAIN MAHOGANY COMMUNITY SCHOOL, NATIVE AMERICAN COMMUNITY ACADEMY, NORTH ALBUQUERQUE CO-OP COMMUNITY, NUESTROS VALORES CHARTER SCHOOL , PUBLIC ACADEMY FOR PERFORMING ARTS, RALPH J BUNCHE ACADEMY , RED RIVER VALLEY , RIO GALLINAS SCHOOL, ROBERT F. KENNEDY CHARTER , ROOTS & WINGS COMMUNITY SCHOOL , SAN DIEGO RIVERSIDE , SCHOOL FOR INTEGRATED ACADEMICS & TECHNOLOGIES , SIDNEY GUTIERREZ MIDDLE SCHOOL , SOUTH VALLEY ACADEMY , SOUTHWEST PRIMARY LEARNING CENTER, SOUTHWEST SECONDARY LEARNING CENTER, TAOS MUNICIPAL CHARTER SCHOOL , THE LEARNING COMMUNITY CHARTER SCHOOL , TURQUOISE TRAIL ELEMENTARY , TWENTY-FIRST CENTURY PUBLIC ACADEMY, VILLAGE ACADEMY , WALATOWA CHARTER HIGH SCHOOL, YOUTH BUILD TRADE AND TECHNOLOGY HIGH

22 SECTION I V-SERVICE SUMMARY

A. Provision of appropriate services to students with Limited English Proficiency (LEP). (0 points) Will you provide services to limited English proficient (LEP) students? NO If “NO”, why not?

YES If “YES”, describe how you wil l properly match students with qualified tutors and provide appropriate services to Limited English Proficient (LEP) students. If your model of instruction is computer or web based, how will that model support LEP students? All students will complete the Basic Skills Inventory Assessment (BASI). This standardized assessment will develop the instructional model that our certified tutor will use to guide our tutorial services. Staff and tutors regard safety as an utmost priority and adhere to school and facility rules and regulations. We also carefully monitor our processes and ensure that our tutors are background checked. Our tutors are first and foremost chosen for their ability to effectively communicate information and positively relate to our students. All tutors have teaching experience. Tutors must also be certified by the National Tutor Association (NTA) which we provide at our own expense. Additional quality training is provided by us through annual training and ongoing tri-annual workshops.

B. Provision of appropriate services to students with disabilities. (0 points) Supplemental educational services must be provided consistent with a student’s individualized education program under Section 614 of the Individuals with Disabilities Education Act or a student’s individualized services under Section 504 of the Rehabilitation Act of 1973. Moreover, these and others laws which may be applicable to SES providers require that accommodations be made to individuals with disabilities pursuant to their IEP or 504 plan. For these reasons, please review and complete all information required by this Section.

Will your organization provide SES to students with disabilities in accordance with such student’s Individual Education Program under Section 614(d) of the Individuals with Disabilities Education Act and services consistent with Section 504 of the Rehabilitation Act of 1973?

NO If “NO”, why not? Brilliance Academy tutors are not currently certified to provide tutoring services to students with disabilities, but we are aggressively pursuing that capability.

YES If “YES”, describe how you will properly match students with qualified tutors and provide appropriate services to students with disabilities. If your model of instruction is computer or web based, how will that model support students with disabilities?

23 SECTION V-TUTOR QUALIFICATIONS

Tutor Qualifications. (Check (X) all that apply.) (0 points) NMAC 6.19.6 states that invoicing is to be based on the qualifications of tutor providing services and the tutor to student ratio.

Parents have the right to know the education level of their child’s tutor.

Tutors are licensed teachers or have a bachelor’s degree or higher. A supplemental educational services provider may charge the eligible school district its full hourly amount if the tutor has a valid teaching license or a four-year degree or greater from an accredited university or college. The per pupil cap will not be ratably reduced based on the education level of the tutor providing supplemental educational services.

Tutors have less than a four year degree, but more then an associate of arts degree or its equivalent of forty-eight (48) credit hours. A supplemental educational services provider may charge the eligible school district eighty-five percent of its hourly amount if the tutor has less than a four year degree, but more then an associates of arts degree, or its equivalent of forty-eight (48) credit hours, from an accredited post secondary institution. The per pupil cap will be ratably reduced by fifteen percent based on the education level of the tutor providing supplemental educational services.

Tutors have less than an associate of arts degree, but more than a high school diploma or its equivalent. A supplemental educational services provider may charge the eligible school district seventy-five percent of it hourly amount if the tutor has less than an associates of arts degree, or its equivalent of forty-eight (48) credit hours, from an accredited post secondary institution but more than a high school diploma The per pupil cap will be ratably reduced by twenty-five percent based on the education level of the tutor providing supplemental educational services.

24 SECTION VI-COST SUMMARY (Non computer based services only)

See Attachment B for the 2008-2009 New Mexico Preliminary SES Per Student Cap by District. (0 points)

Fixed hourly rate per student if tutors are licensed teachers or have a bachelor’s degree or higher (all applicable taxes are included in the hourly amount). $ 40 A supplemental educational services provider may charge the eligible school district its full hourly amount if the tutor has a valid teaching license or a four-year degree or greater from an accredited university or college. The per pupil cap will not be ratably reduced based on the education level of the tutor providing supplemental educational services.

Fixed hourly rate per student if tutors have less then a bachelor’s degree, but more than an associates of arts degree (all applicable taxes are included in the hourly amount). $ 34 A supplemental educational services provider may charge the eligible school district eighty-five percent of its hourly amount if the tutor has less than a four-year degree, but more than an associates of arts degree, or its equivalent of forty-eight (48) credit hours, from an accredited post secondary institution The per pupil cap will be ratably reduced by fifteen percent based on the education level of the tutor providing supplemental educational services.

Fixed hourly rate per student if tutors have less than an associates of arts degree, but more than a high school diploma (all applicable taxes are included in the hourly amount). $ 30 A supplemental educational services provider may charge the eligible school district seventy-five percent of its hourly amount if the tutor has less than an associates of arts degree, or its equivalent of forty-eight (48) credit hours, from an accredited post secondary institution but more than a high school diploma The per pupil cap will be ratably reduced by twenty-five percent based on the education level of the tutor providing supplemental educational services.

NOTE: Separate registration and testing fees are not permissible. These fees, if applicable, must be built into the regular fixed hourly rate. If a registration or testing fee is included in your fixed hourly rate, describe the rationale for this cost.

There are no additional fees to using Brilliance Academy as an SES provider.

25 SECTION VI-COST SUMMARY (Computer based services only)

See Attachment B for the 2008-2009 New Mexico Preliminary SES Per Student Cap by District. (0 points)

Staffing is the sole responsibility of the SES provider and must be built into the pricing structure of the provider. LEAs are not responsible for funding staff to supervise/ oversee the tutoring session.

NOTE: Computer-based or on-line providers must provide a description of any staffing requirements at school sites or at other service locations.

If your computer-based or on-line program is software only and the ratio is one student to one computer then the tutor to student ratio will be considered one to one. For invoicing purposes the educational qualifications of the tutor will not be taken into consideration because the program is based on software not a tutor. Please note that you may not have more than one student per computer.

Your fixed hourly rate per student is: $ (all applicable taxes are included in the hourly amount)

If your computer-based or on-line program has an on-line instructor only and the ratio is one student to one computer then the tutor to student ratio will be considered one to one. For invoicing purposes the educational qualifications of the tutor will be taken into consideration because the program is based on student and tutor interactions. Please note that you may not have more than one student per computer.

Your fixed hourly rate per student is:$ (all applicable taxes are included in the hourly amount)

26 SECTION VII-INDICATORS OF QUALITY

A. Supplemental assessments (0 points) NOTE: The NMPED encourages LEAs to share their short cycle assessment data, which will identify student needs and is the basis of each Student Improvement Plan, with SES providers who will be providing services to their students.

In case the LEA does not have a short cycle assessment in place or is unable to provide diagnostic information to providers, you must provide the NMPED with the name and description of any diagnostic assessment(s) you will be using to identify students needs and how it will be administered. The assessment(s) used must be of high quality.

Basic Skills Inventory Assessment will be administered upon enrolling in our program. BASI is a norm-referenced state standard assessment by Pearson Vue.

B. Connection to Student Improvement Plan and school and district programs (150 points) The individualized Student Improvement Plan is the driving force behind student instruction. NMAC 6.19.6 states, “Each student who is enrolled in supplemental educational services must have a student improvement plan, with goals relating to academic improvement based on state standards in place.”

Describe how you will utilize standard diagnostic assessment(s), district short cycle, and summative assessments to create a SIP specifically to identify goals and teach to student’s current needs.

For example, if the Basic Achievement of Skills Inventory (our standardized, third-party, nationally recognized test by premier test writers, Pearson Vue) indicates that a child is below average on prefixes, suffixes and prepositions and above average on nouns, verbs and sentence structure, it gives us this itemized report. From this report the data is calculated by an additional software component that we use to align the student’s needs with the right activities and lessons. Once all data has been collected for both reading and math, the individualized curriculum is created for each student. This is a surprisingly quick process and can have a turn around of a mere few days. We offer a grade-level interim curriculum while individualized teaching plans are being developed.

Describe how you will collaborate with the LEA in the development of the individualized Student Improvement Plan.

The instructional program used by Brilliance Academy in the Supplemental Educational Services program provides a set of lessons directly aligned with the New Mexico curriculum framework and standards. A comprehensive matrix (300+ pages) demonstrating the specific alignments to each requirement is available upon request. The detailed of the descriptions of each of the categories is

27 provided as APPENDIX A. We have provided several examples of this alignment to demonstrate our commitment to meeting the standards of the state of New Mexico.

Sample Alignment to New Mexico Content Standards and Benchmarks

Area Language Arts Benchmark 5-8 Benchmark I-A Listen, read, react, interpret info Curriculum Level Fifth Grade Performance Standard Listen actively and critically. Subject Reading V Activity Predicting-Conclusions

Area Language Arts Benchmark 5-8 Benchmark I-C Critical Thinking skills to comprehend Curriculum Level Fifth Grade Performance Standard Respond to fiction, non-fiction, poetry, and drama. Subject Reading VI Activity Poetry

Area Mathematics Benchmark 5-8 Benchmark N/O - Compute fluently Curriculum Level Eighth Grade Performance Standard Estimate answers & use formulas to solve application problem Subject Mathematics VIII Activity Geometric Measurement

Sample Alignment to New Mexico Assessment Frameworks

Area Mathematics Content Standard Algebra, Functions and Graphs Grade Grade 3 ID 2.2 Represent and analyze mathematical situations and structures using algebraic symbols: Recognize and use the commutative and associative properties of addition and multiplication (e.g., ?If 5 x 7 = 35, then what is 7 x 5? And if 5 x 7 x 3 = 105, then what is 7 x 3 x Benchmark 5??). Subject Mathematics III Activity Multiplication 5

Area Language Arts Content Standard Writing and Speaking for Expression Grade Grade 9 ID II-C.3.1 Demonstrate competence in the skills and strategies of the writing process to inform and persuade: Compose written arguments that develop and support informed opinions by: stating a progression of Benchmark ideas Subject English X - Literature Activity Huckleberry Finn - Lesson 11

28 On a district and school level, Brilliance Academy works closely with each of our partners to identify any necessary customization or tailoring of our program to suit their needs. The process of testing against the standards and aligning the instructional program to these standards and needs of each district is inherent in the Brilliance Academy curriculum development program.

Describe how you plan to collaborate with classroom teachers to support the instruction the student is receiving during the regular school day.

Brilliance Academy works closely with the individual teachers of the schools where we are providing service. This is one of the many benefits of providing services at the on-site facility where the student is currently attending. In addition, many of our tutors are hired directly from the school’s themselves, offering another valuable connection with the needs and activities of the school.

C. Instructional practices and evidence of effectiveness (300 points) Describe the nature of your instructional model specific to the proposed grade level(s) and content area(s). You must include: 1) your proposed curriculum , 2) time on task, 3) materials that will be used, 4) training that tutors will receive (relevant to academic services), and 5) how locations and tutors will be monitored and how adjustments will be made, if needed.

We take academic research, quality instructional methods and quality curriculum seriously. As a provider we carefully considered the scientific research for academic success. For this reason, we closely considered the research done by the Academy of Math and of Reading (www.autoskill.com) and have built layered curriculum into our program. We believe that evidence directly correlates differentiation in the classroom to student success. In studies outlined in their book, Leadership for Differentiating Schools and Classrooms (Tomlinson 2000), Carol Tomlinson and Susan Demirsky Allan provide scores of research for the success of this model. Of course these conclusions are not new and research for this model has its` roots in constructivists such as John Dewey, Jean Piaget and Jerome Bruner.

We place a great deal of emphasis on having quality curriculum as supported through the research of Phillip Schlecty, author of Working on the Work (Schlechty 2002) and William Glasser, author of The Quality School (Glasser 1998) who suggest that students need quality, engaging work at their level. We go on to agree with Glasser in his next edition: The Quality School Teacher who draws a direct correlation to the dedicated instructor and student success. Each lesson and each individualized curriculum piece has an objective that correlates with a State objective, however the approach in how we administer the content is equally important. The basis our curricula implementation is Bloom’s Taxonomy (Benjamin S. Bloom; Taxonomy of Educational Objectives: Published by Allyn and Bacon, Boston MA 1984, revised by Pearson Education).

In the communication arts program component, Brilliance Academy has developed a curriculum that corresponds to major reading and writing theory. After in-depth research, BA clearly is aligned with the National Reading Panel findings especially related to areas of reading fluency, reading comprehension, phonics and syntax. For example, reading fluency as stated by the National Reading Panel indicates that students must read out loud with fluidity and expression and read independently for retention. Both these practices are strong anchors in the BA Reading Comprehension Projects. The same methodology was employed when creating the mathematical component of our programming. Proven practices of repetition, word problem variances and skill building were designed into the curriculum in order to maximize proven research. These recommendations also align to the National Council of Teachers of Mathematics’ principles and standards.

Our model for instruction improves student achievement because of our ability to meet the student where they are currently at academically and provide small ratios. There is significant data from current research to suggest that small group instruction benefits students. As cited above, the Tennessee Class Size Experiment that follows the effects of small class size on younger students for a 29 period of four years is an excellent study that supports this conclusion. (Special Issue: Class Size and New Findings; Summer 1999, pp 127-142). We offer after school what is very difficult to offer during the regular school day. Our students are in a small group setting where their tutor has a prescribed Individual Teaching Plan for them.

During each 60 minute session, approximately 30% of the time is spent on individual lessons, 60% of the time is focused on the lessons in the project binders, and the remaining 10% is spent on educational games. Students track their progress through their individual workbooks, and the tutor also has a class workbook for lessons that can be given to each of the students as part of the program. Brilliance Academy makes extensive use of handouts, visual aids and workbooks to help each student on their individual tasks. Each of these materials are provided by Brilliance Academy and are customized to the needs of the individual students. We feel this personalization and focus is what makes our program extremely effective in improving student results.

Our staff members are carefully selected. There are three levels of staffing that distinguish us as unique and successful. The first level is the instructional staff, our tutors. Our tutors are first and foremost chosen for their ability to effectively communicate information and positively relate to our students. All tutors have teaching experience. Tutors must also be certified by the National Tutor Association (NTA) which we provide at our own expense. Additional quality training is provided by us through annual training and ongoing tri-annual workshops.

The staff that we hire is carefully and meticulously chosen for their abilities to bring about positive academic change in our students by following our models of instruction and curriculum philosophy. During our training periods, our tutors are constantly assessed and qualified. This additional effort on our part creates continuity and connectivity from our curriculum to each of our classrooms. Thus, when tutors and mentors are trained and qualified in the Brilliance Academy methodology, standardization and predictability occurs.

Brilliance Academy has been working with Title I schools and students for three years. We have been present in over 56 Title I schools where we have served over 2250 students. We are intimately aware of special challenges of social, racial, and economic natures. Many are teachers in the Title I schools in which they tutor. Mentors and tutors combined have an average of seven years working with Title I students.

Please find a copy of the tutor training presentation as APPENDIX B.

Describe what the family, student and school district/teacher should expect during a typical Supplemental Educational Services session. You must include: 1) how student needs are identified, 2) how identified student needs are met, 3) how identified student needs are communicated to the family, student and school district/teacher, 4) how you know progress has been achieved/not achieved and, 5) the next steps for tutor and student.

Brilliance Academy uses the Basic Achievement of Skills Inventory (BASI) standardized test for purposes of pre-testing, diagnosing, assessing and post-testing. This is also used to monitor progress and provide objective percentile increases or variances for each skill tested. The BASI is, “a versatile, multi-level, norm-referenced achievement test that helps measure math, reading, and language skills for children and adults. Developed by Achilles N. Bardos, PhD, co-author of the GAMA ® (General Ability Measure for Adults) test, the BASI series comprises multi-level, norm-referenced achievement tests for children and adults that may be group- or self-administered. Providing both comprehensive and survey versions, the BASI series helps present a complete evaluation of academic skills. These convenient tests yield standard scores, national percentile rankings, grade equivalency, age equivalency, and performance classification by learning objective—without requiring individual administration or lengthy testing. Normed during the 2002–03 school year and highly correlated to the leading individually and group-administered achievement and intelligence tests, the BASI series 30 provides a current, valid, and reliable assessment tool” (http://www.pearsonassessments.com/tests/basi.htm). For the objectivity, flexibility, reliability and variety of skills scored, we feel that this assessment is a perfect match for our program.

The Individual Teaching Plan allows a clear break down of time recommended for each skill or goal. The student follows a curriculum that connects one skill to the next. In this way students can achieve success and be spurred on to the next manageable objective. The Individual Teaching Plan logically and coherently helps the student learn on an individual level with clear goals and a set itinerary. Thus, once the student’s needs are assessed BA breaks down the individual goals into units/hours of instruction. Certain objectives are then allocated to corresponding hours as is dependent on skill building. The student can see the objective on his/her timetable.

The second component of our program revolves around teaching students grade level, state standards within projects focusing on varied learning modalities. These lessons have a pre-determined, but somewhat flexible, tempo. Lessons and activities state recommended lengths of time in order to achieve objectives in a timely manner. The objectives are clearly stated and students will ascertain their goals as will be evident in the BA post-test. Thus, students have individual timelines dependent on their individual needs and group timelines based on state standards. Brilliance Academy believes strongly in clearly stating the goal or objective to each student which will more readily result in progress and feelings of achievement.

Students are given a weekly progress report outlining academic progress, weekly objectives and temperament. These reports are mailed to the parent on a monthly basis. Parents also receive three to five additional correspondences including the standardized tests scores for the diagnostic and assessment throughout their program. The school and classroom teacher also receives a copy of this information within the same time frame. At Brilliance Academy we not only record the nationally recognized BASI scores, but also each individual objective, pre-test score and post-test score to ensure maximum accountability. Students then can see their progress as constant and tangible. Parents, teacher and principals will be able to have predictable and reliable information on their students. We find that when students see success in small steps they grow in enthusiasm which begets greater achievement even when faced with a larger standardized test.

To help demonstrate the content of our lessons, please find a copy of a sample lesson plan in APPENDIX C.

Present evidence that your instructional practices have a positive impact on academic achievement for low income, under achieving student, if applicable, in the areas of math, reading and science. This may include results from parent surveys or parent recommendations and evaluation results obtained using objective methodologies and scientifically valid methods. You must be thorough and specific, broad statements are not permissible.

It is highly important that Brilliance Academy monitors the effectiveness of its program on a routine basis. Our evaluations constantly enable us to improve or clarify programming. Brilliance Academy is an existing educational company of three years in good standing with the state that it serves currently. We have served over 2350 students through SES in Illinois and have had tremendous results. Brilliance Academy has been the recipient of the “Private Practice Provider of the Year” award for two consecutive years by the National Tutoring Association. We can provide evidence that our SES program has a positive impact on increasing student achievement.

We use the available data to construct clear, concise and research-based solutions that will lead to higher academic achievement and student standardized testing scores. Success can clearly be seen through our student’s increased overall percentages on standardized assessments. As a provider we use an independent test developer, Pearson Vue. We use the Basic Skills Assessment Inventory (BASI) to diagnose (pre-test) students and to assess (post test) students after their Individual Teaching Plan has been executed. In the Chicago Public School district, we provided services to 322 students in 31 14 schools. 80% of our students increased 24% in Mathematics, 18% in Reading and 17% in Writing. 7 out of the 14 schools that we served in the 2005-06 school year met AYP (Annual Yearly Progress) and did not require our services because this past school year. This is one of our chief goals as an exit strategy: to see students succeed and return to grade level or higher. This information can be broken down per school or per student if needed.

We have additional evidence of improved student outcomes in relationship to our student attendance, family/parent relationships and student behavior as well. Because of our low ratios and personal connections with students, we see a tremendous amount of success. We have been recognized for our high attendance rates in many schools and our parents receive information about their students routinely. This combination creates designed success and minimizes behavior problems. Students feel safe and encouraged. Our letters of reference, awards, and evidence of academic improvement all attest to these exact assertions.

Please see APPENDIX D for our evidence of effectiveness and letters of recommendation.

32 SECTION VII-INDICATORS OF QUALITY (Continued)

D. Communication of student progress to the school and district (100 points) Describe the specific procedures used to report student progress to students, teachers and appropriate school or district staff and how often you report student progress. 6.19.6 NMAC states parents or guardians, and appropriate school personnel must be notified of student progress in a format that is easily understandable.

Brilliance Academy works closely with the individual schools and teachers to help establish a strong connection and rapport between our tutoring and the activities ongoing at the school. One of the primary ways we do this is by hiring teachers from the school itself to act as tutors for the students. We also accommodate this by regular communication with the teachers and school administrators.

Brilliance Academy strongly believes in good communication. Brilliance Academy relates important information regarding the student’s BASI results and MII (Multiple Intelligence Indicator) to the school, the parent and the tutor. In a forty hour program, student progress reports will be given to schools and parents a minimum of two times, while additional newsletters informing parents of curricular progress go out as well. When specific schools or districts have additional progress reporting mandates, Brilliance Academy always complies.

Please see APPENDIX E for examples of our Progress Reports.

State the frequency of communication of student progress to the school and district:

One time a week – Written progress reports will be given to appropriate school district personnel One time every two weeks – Written progress reports will be given to appropriate school district personnel One time every three weeks – Written progress reports will be given to appropriate school district personnel One time every four weeks – Written progress reports will be given to appropriate school district personnel Other, please explain

E. Communication of student progress with parents/families (100 points) Describe the specific procedures used to report student progress to the student’s parents/families and how often student progress is reported. 6.19.6 NMAC states parents or guardians and appropriate school personnel must be notified of student progress in a format that is easily understandable. You must be thorough and specific, broad statements are not permissible.

Brilliance Academy formally reports to parents/families on student progress a minimum of two times in a forty-hour program. In a sixty hour program, parents are formally reported to an average of three times. Informally, however, students take home newsletters and objective-based activities to share with their families regularly. All take-home materials are available in Spanish. If 16 or more students in one state speak the same language, take-home materials and communications will be translated into that particular native language.

33 We offer services to parents by keeping them involved in the student-tutor relationship. Students are given a weekly progress report outlining academic progress, weekly objectives and temperament. These reports are mailed to the parent on a monthly basis. Parents also receive three to five additional correspondences including the standardized tests scores for the diagnostic and assessment throughout their program. The school and classroom teacher also receives a copy of this information within the same time frame. At Brilliance Academy we not only record the nationally recognized BASI scores, but also each individual objective, pre-test score and post-test score to ensure maximum accountability. Students then can see their progress as constant and tangible. Parents, teacher and principals will be able to have predictable and reliable information on their students. We find that when students see success in small steps they grow in enthusiasm which begets greater achievement even when faced with a larger standardized test.

Brilliance Academy highly values parental involvement. Parents are generally given the opportunity to review our services in an informational setting where they choose our services for their child. This allows us to explain the methodology and philosophy behind our approach. Once parents choose us, the door between the parent and our program never closes. We welcome classroom or office visits, phone calls, letters, suggestions and the like. The Individual Education Plan is shared with the parent and is requested to be signed for approval. If a parent has a specific request or concern, Brilliance Academy can potentially incorporate it into the child’s curriculum. Additionally, a wonderful way for parents to stay connected daily or weekly is through the use of our Homework Help Hotline. When students use the free Homework Help Hotline, parents are welcome to participate in the call, add suggestions or ask questions. This actively engages the parent who seeks to be involved.

Brilliance Academy partners with the school’s SES program to provide services to the students within the recommended time-frame of the school. Therefore, we hope to accommodate the needs of all parents and students within these limits. Many times, if parents work late they have the peace of mind to know that their child is in a safe, caring and academic environment that will improve their child’s chances for success.

If a dispute arises, BA will identify the nature of the concern. If the conflict is based in a behavioral/management problem, we will default to management procedures. If the conflict is of a quality assurance nature, Brilliance Academy will proactively meet or call the SES Coordinator and the parent to resolve the matter as amicably as possible. BA would like to serve the student by ensuring that all student and parent needs are met within our means. Together, BA, the parent and the SES coordinator will most assuredly reach a resolution of satisfaction.

Please see APPENDIX E for an example of our Progress Reports.

State the frequency of communication of student progress with the parents/families:

One time a week – Written progress reports will be given to appropriate family member One time every two weeks – Written progress reports will be given to appropriate family member One time every three weeks – Written progress reports will be given to appropriate family member One time every four weeks – Written progress reports will be given to appropriate family member Other, please explain

34 SECTION VIII-FINANCIAL SOUNDNESS AND ORGANIZATIONAL CAPACITY

Attach proper documentation to demonstrate that your organization has adequate financial, organizational and technical resources to provide the proposed Title I supplemental educational services and that you have satisfactorily delivered similar services in the past. (50 points)

For purposes of this application: (a) “organization” means any entity eligible to provide SES; and (b) the term “related organization” means an entity that: (i) directly or indirectly controls, or is controlled by, your organization; (ii) influences, or is influenced by, your organization in terms of operational policies; or (iii) is controlled or influenced by another organization that also controls or influences your organization.

The No Child Left Behind Act requires that one criterion for selecting an offeror must include evidence that it is “financially sound.” These indicators help the Evaluation Committee evaluate a program provider’s capacity to deliver quality services over time and at scale.

There are a number of ways an offeror might prove that it is financially and organizationally sound, and the acceptable evidence will vary depending on the initial size and capacity of the offeror. Potential offerors will possess different financial and management structures. The Evaluation Committee will take these differences into account when reviewing applications.

Evidence of acceptable financial and management capacity must include at least one of the following items:

 Copies of business license or formal documentation of legal status with respect to conducting business in the state (and district(s), if applicable);

 Proof of liability insurance (company name and policy number, or a copy of the policy cover page);

 Audited financial statements;

 Credit ratings from an independent rating agency; or

 Business plans or profiles that might include: goals, timelines and expected outcomes; detailed action steps; descriptions of financial and staff resources; organizational budgets that account for revenues and expenses and cash flow activity; and outlines of roles and responsibilities of staff within the organization.

Please see the appendices for the following: - APPENDIX F - Copy of Business License - APPENDIX G - Proof of Liability Insurance - APPENDIX H - Current Tax Returns and Internally Audited Financial Statements - APPENDIX I – Organizational Chart and Resumes of Key Employees

35 SECTION IX-PROPOSAL EVALUATION PROCESS

The evaluation process will follow the steps listed below:

1. All offeror proposals will be reviewed for compliance with the overall assurances stated within the application. Applications deemed non-responsive will be eliminated from further consideration.

2. Art Martinez may contact the offeror for clarification of any response.

3. The evaluation committee may use other sources of information to perform the evaluation.

4. Responsive applications will be evaluated on the factors that have been assigned a point value. The responsible offerors with the highest scores will be selected as finalist offerors based upon the applications submitted. The responsible offerors, whose application is most advantageous to the NMPED, will be recommended for approval. Please note, however, that a serious deficiency in the response to any one factor may be grounds for rejection regardless of overall score.

36 A. 6.19.6 NMAC ATTACHMENT A 6.19.6 NMAC

TITLE 6 PRIMARY AND SECONDARY EDUCATION CHAPTER 19 PUBLIC SCHOOL ACCOUNTABILITY PART 6 TITLE I SUPPLEMENTAL EDUCATIONAL SERVICES

6.19.6.1 ISSUING AGENCY: Public Education Department [6.19.6.1 NMAC - N, 08/15/05]

6.19.6.2 SCOPE: This rule applies to all school districts, public schools, including charter schools, and all state-approved supplemental educational services providers who offer or plan to offer such services in New Mexico. [6.19.6.2 NMAC - N, 08/15/05]

6.19.6.3 STATUTORY AUTHORITY: Sections 22-2-1, 22-2-2, 22-9-3, 22-9-15 NMSA 1978; 20 U.S. Code Section 6316; 34 Code of Federal Regulations Part 200. [6.19.6.3 NMAC - N, 08/15/05]

6.19.6.4 DURATION: Permanent [6.19.6.4 NMAC - N, 08/15/05]

6.19.6.5 EFFECTIVE DATE: August 15, 2005, unless a later date is cited at the end of a section. [6.19.6.5 NMAC - N, 08/15/05]

6.19.6.6 OBJECTIVE: This rule establishes requirements for: A. supplemental educational services providers who seek to use incentives as a method of promoting selection of their services by parents of eligible children; B. allowable rewards to students to reward attendance, continued participation and achievement related to the supplemental educational services; C. establishing a timeline to be followed by supplemental educational services providers and all school districts and public schools, including charter schools for commencing and ending supplemental educational services during the school year; D. establishing a sliding hourly fee schedule a provider may charge a school district based on the education level of the tutors being used by the supplemental educational services provider; E. establishing the priority of students for whom supplemental educational services shall be provided; F. implementation of basic program parameters and required assessments; G. provision of on-site audits conducted by supplemental educational services providers, eligible school districts and the department; H. establishing that all supplemental educational services providers and eligible school districts will submit all relevant student data; and I. removal of providers from approved list. [6.19.6.6 NMAC - N, 08/15/05; A, 08/31/06]

6.19.6.7 DEFINITIONS: A. “Department” means the public education department. B. “Eligible child or eligible children” means a child or children from low income families as determined by a school district, public school, or charter school for the purposes of allocating federal funds made available under Title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) as amended. C. “Incentives” means any goods, facilities, services, gifts, coupons, discounts, rebates, or cash offered or given to anyone by or on behalf of a supplemental educational services provider to promote selection of their services by parents or guardians of eligible children.

39 D. “Removal” means deleting the provider from the list of state-approved supplemental educational services providers. E. “Rewards” means an acceptable classroom incentive with no redeemable monetary value to an eligible child or that child’s parent or guardian and that is offered to an eligible child only as a reward for attendance, continued participation, or achievement related to a provider’s services. F. “Supplemental educational services” means tutoring and other supplemental academic enrichment services that are in addition to instruction provided during the school day and are of high quality, research-based, and specifically designed to increase the academic achievement of eligible children on required academic assessments and attain proficiency in meeting the state’s academic achievement standards. G. “Timeline” means a schedule established by the department that delineates when parental notifications, are to be issued, when parent notifications are to be returned, when supplemental educational services may commence, and approximately how much supplemental educational service shall be completed prior to the state-mandated criterion referenced testing. H. “Tutor to student ratio” means the established number of students a tutor may provide supplemental educational services to at one time. [6.19.6.7 NMAC - N, 08/15/05; A, 08/31/06]

6.19.6.8 REQUIREMENTS: A. All school districts, public schools, including charter schools and all state-approved supplemental educational services providers who offer or plan to offer supplemental educational services in New Mexico, shall adhere to timelines as follows: (1) Parental notification shall occur two weeks after school has started. (2) The enrollment period for supplemental educational services is at a minimum the four week period subsequent to the beginning of a school year after the issuance of notification to parents of the availability of supplemental educational services. (3) Supplemental educational services shall begin no later than four weeks after the later of the following dates: (a) the minimum enrollment period for supplemental educational services has ended, or (b) the date the child has enrolled for supplemental educational services. (4) Each supplemental educational services provider must complete at least seventy-five percent of services to eligible children for whom the parent/guardian has selected the supplemental educational service provider prior to the administration of the state-mandated criterion referenced testing. If an individual supplemental educational services provider, due to their own actions, does not complete seventy-five percent of services to all eligible children who are enrolled in supplemental educational services prior to the administration of the state-mandated criterion referenced testing, the local education agency administering supplemental educational services may take the following actions: (a) immediately cancel existing contracts with each supplemental education services provider that has not met the requirement of this deadline; (b) continue the existing contracts to ensure that all students enrolled in supplemental educational services continue to receive services; or (c) renegotiate the existing contracts to ensure that all students enrolled in supplemental educational services continue to receive services. (5) During the enrollment period the eligible school district must release names of students enrolled in supplemental educational services in a timely manner, at minimum a list of student names and contact information will be released to the providers on no less than a weekly basis. B. With written approval from district superintendent, a school district, public school, including a charter school may enter into agreements or otherwise permit supplemental educational services providers to operate during the mandatory state-mandated criterion referenced testing. C. Beginning with the 2005-2006 school year and continuing in every school year thereafter, supplemental educational services providers shall not directly or indirectly use incentives as a method of promoting selection of their services by parents or guardians of eligible children. Provided, however, that rewards may be offered to eligible children: (1) to reward attendance, continued participation, or achievement related to a provider’s services; (2) if the reward has no redeemable monetary value to the eligible child or his parent/guardian and is otherwise consistent with accepted classroom incentives, such as pizza parties, ice cream parties, school

41 supplies having nominal value, or the opportunity to order discounted instructional material for the eligible child’s personal use; and (3) parents or guardians of an eligible child or children consent to the offering of such incentives. D. All school districts, public schools, including charter schools and all state-approved supplemental educational services providers who offer or plan to offer supplemental educational services in New Mexico, shall adhere to the following requirements: (1) Each supplemental educational services provider must use a sliding hourly fee schedule when invoicing eligible school districts for services rendered. The sliding hourly fee schedule shall compart as follows: (a) A supplemental educational services provider may charge the eligible school district its full hourly amount if the tutor has a valid teaching license or a four year degree or greater from an accredited university or college, and the per pupil cap will not be ratably reduced based on the education level of the tutor providing supplemental educational services. (b) A supplemental educational services provider may charge the eligible school district eighty-five percent of its hourly amount if the tutor has less than a four year degree, but more than an associates of arts degree, or its equivalent of forty-eight (48) credit hours, from an accredited post secondary institution, and the per pupil cap will be ratably reduced by fifteen percent based on the education level of the tutor providing supplemental educational services. (c) A supplemental educational services provider may charge the eligible school district seventy-five percent of it hourly amount if the tutor has less than an associates of arts degree, or its equivalent of forty-eight (48) credit hours, from an accredited post secondary institution but more than a high school diploma, and the per pupil cap will be ratably reduced by twenty-five percent based on the education level of the tutor providing supplemental educational services. (2) Eligible students are students from low-income families who attend Title I schools that are in their second year of school improvement, in corrective action, or in restructuring. Eligibility is not dependent on whether the student is a member of a subgroup that caused the school to not make AYP or whether the student is in a grade that takes the statewide assessments. If the funds available are insufficient to provide supplemental educational services to each eligible student whose parent requests those services, the LEA must give priority to providing services to the lowest-achieving eligible students. In this situation, the LEA shall use objective criteria to determine the lowest-achieving students. (3) Supplemental educational services providers must use a department-approved pre- and post- assessment instrument to measure the gains that students achieve through supplemental educational services. (4) Only Title I schools that have received a school designation of school improvement year 2, corrective action or restructuring are required to offer supplemental educational services. E. Supplemental education services providers must adhere to the following program parameters: (1) Supplemental educational services providers must demonstrate the capacity to provide an adequate number of contact hours to contribute to student achievement within fair market value for the state approved providers. (2) Invoices submitted by supplemental educational services providers must accurately reflect the tutor to student ratio of the tutoring session and the qualifications of the tutor providing services. The invoiceable tutor to student ratios shall compart as follows: (a) A supplemental educational services provider that maintains a tutor: student ratio of one tutor to three students or less may charge the eligible school district the full hourly amount based on tutor qualifications. (b) A supplemental educational services provider that maintains a tutor to student ratio of one tutor to four students, one tutor to five students, or one tutor to six students may charge the eligible school district eighty-five percent of its hourly amount based on tutor qualifications. (c) A supplemental educational services provider that maintains a tutor to student ratio of one tutor to seven students or greater may only charge the eligible school district fifty percent of its hourly amount based on tutor qualifications. (3) The length of any supplemental educational services session must be developmentally appropriate considering the age of the student participating in supplemental educational services. (4) Each supplemental educational services provider must ensure that the academic services provided to each student are consistent with the individual school district curriculum and state performance standards. (5) Each student who is enrolled in supplemental educational services must have a student improvement plan, with goals relating to academic improvement based on state standards in place and approved by parents or guardians, appropriate school personnel and chosen supplemental educational services provider before any invoice for services rendered may be paid. (6) Each student who is enrolled with an approved supplemental educational services provider must be pre-and post-tested, with a department-approved instrument. Students must be pre-tested in order to determine student achievement goals. Students must be post-tested when they have completed the program to document progress. (7) Parents or guardians, and appropriate school personnel must be notified of student progress in a format that is easily understandable. F. Supplemental educational services providers must conduct on-site audits of their services. G. Eligible school districts must conduct on-site audits of supplemental educational services providers. H. The department will conduct on-site audits of supplemental educational services providers and eligible school districts. I. Each eligible school district and supplemental educational services provider will collect and submit all relevant student data to the department or its authorized contractor upon request. J. Each eligible school district and supplemental educational services provider will attend all department sponsored meetings regarding the implementation and success of supplemental educational services. K. All existing and interested supplemental educational services providers must submit an application to become a supplemental educational services provider for the 2006-07 school year. All successful applicants will apply every four years to continue to provide supplemental educational services. The application process will be held annually. L. If a supplemental educational services provider is removed from the approved list, the supplemental educational services provider must wait a minimum of two years before they may reapply to become a supplemental educational services provider in the state of New Mexico. [6.19.6.8 NMAC - N, 08/15/05; A, 08/31/06]

6.19.6.9 UNFAIR PRACTICES: Supplemental educational services funds are funds that have been provided by grant to the department. The department disburses these funds to school districts and charter schools for purposes of reimbursing providers for services performed pursuant to professional services contracts entered into with providers. For purposes of performing supplemental educational services and as a condition of receipt of these public funds, it shall constitute an unfair practice for providers to offer or provide any incentive other than those allowed by this rule, to have school or school district administrators or charter school administrators work for or act on the behalf of any supplemental educational services provider, or to recruit in a way that is not in accordance with established guidelines and the policies of this rule. A. School districts or charter school employees who learn that a supplemental educational services provider has offered to or actually provided an incentive other than those allowed by this rule, shall: (1) promptly notify the provider in writing to cease and desist this practice immediately, (2) promptly notify any parent or guardian that any incentive other than those allowed by this rule may not be offered by a provider and may not be accepted by the parent or guardian, and (3) notify the department in writing if a provider fails or refuses to cease or desist in offering or providing non-allowed incentives. B. The department upon receiving a written notification under this section or upon receiving a complaint from any other sources, may, after verifying such offering: (1) notify the provider in writing to cease and desist this practice immediately because any incentive other than those allowed by this rule may not be offered by a provider nor accepted by the parent or guardian; (2) notify parents or guardians that any incentive other than those allowed by this rule may not be offered by a provider and may not be accepted by the parent or guardian; (3) notify appropriate authorities of suspected conduct that may constitute soliciting or receiving illegal kickbacks in whole or in part with public money. C. Beginning with the 2006-2007 school year, school district administrators or charter school administrators may not, under any circumstances, hold a position or work on behalf of any supplemental educational services provider.

44 D. Beginning with the 2006-2007 school year if a school district or charter school employee learns that a supplemental educational services provider is recruiting in a way that is not in accordance with established guidelines and the policies of this rule, that person shall: (1) promptly notify the provider in writing to cease and desist this practice immediately; and (2) notify the department in writing if a provider fails or refuses to cease or desist in recruiting non-eligible students for their program. E. Eligible school district personnel may not show favoritism to any supplemental educational services provider and must provide parents with information about all state approved supplemental educational services providers serving the school district. [6.19.6.9 NMAC - N, 08/15/05; A, 08/31/06]

6.19.6.10 REMOVAL OF PROVIDERS: Supplemental educational services providers must strictly adhere to their approved application and the policies of this rule. If any provider demonstrates a pervasive pattern of violating any aspect of their application or any part of this rule they will be removed from the state approved list of supplemental education services providers. Providers will be removed from the state approved list of supplemental educational services providers if there are any violations of test security of the New Mexico standards based assessment. In addition, providers will be removed for failing to contribute to the academic improvement of students as determined by the state evaluation. Each supplemental educational services provider that is to be removed may ask for an opportunity to clarify reasons for dismissal and request an appeal. [6.19.6.10 NMAC - N, 08/31/06]

HISTORY OF 6.19.6 NMAC: [Reserved]