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AESA Provides Model Documents for Use Among ESAS, LEAS and Providers for Supplemental Educational Services 

Since the inception of NCLB, ESAs have been viewed as obvious agencies to support LEAs in providing Supplemental Educational Services and Instruction.  A variety of barriers have prevented widespread implementation of that ESA support. 

A grant from the U.S. Department of Education (USDE) has been provided to AESA to create a pilot program with four rural ESAs and Catapult Learning to address some of those barriers.  It is titled, in part:  “To Promote a Small/Rural Schools Collaborative for the Procurement of Supplemental Instruction… And Services.” 

One issue has been the cost and effort required by each ESA to fashion agreements with LEAs and Providers. AESA is prepared to assist in addressing that issue by making available to members on its website a series of four legal documents developed by the Washington D.C law firm of Hogan & Hartson, LLC. The adaptation of these document templates by local counsel will save ESAs the expensive and time-consuming effort of individual document development. 

DESIRED ACTION	LEAS wish the ESA to form a “purchasing collective” with other LEAs and act on its behalf in finding SES provider(s)	The ESA wishes to provide SES to the LEA	The ESA wishes to provide SES to the LEA THROUGH SUB-CONTRACT(s) WITH OTHER PROVIDER(s)
DOCUMENT	1. Memorandum of Understanding (MOU)	3. Agreement	3. Agreement
PARTIES	ESA and LEA	ESA and LEA	ESA and LEA
PURPOSE	Allow ESA to form “purchasing collaborative” to obtain services for LEAs	Allow ESA to provide services directly or through subcontract with other provider	Allow ESA to provide services directly or through subcontract with other provider
ADDITIONAL DOCUMENT	2. Agreement	N/A	4. Subcontract
PARTIES	ESA and Provider	N/A	ESA and PROVIDER
PURPOSE	Allow ESA to contract with PROVIDER for direct provider services to students in LEAs “purchasing collaborative”.	N/A	Allow ESA to subcontract with provider for services to be provided by ESA

The development of these template documents and their dissemination is funded completely by project # u215u040012 under the fund for improvement of education/unsolicited grants. 

In addition, the service that has been developed and piloted by Catapult Learning, an AESA Business Partner in this grant, addresses other barriers and holds promise for economic delivery of highly effective services to children in geographic areas difficult to serve.  We encourage our members to explore expansion of those services to their individual circumstances  

BARRIERS TO PROVIDING SES	SOLUTIONS PROVIDED BY CATAPULT IN AESA GRANT
Availability of Certified teachers	Certified teachers supplied by provider
Travel and scheduling issues	Instruction provided online at a location and time convenient to the student.”
Lack of “critical mass” of students	Individualized, online instruction provided
Lack of computer availability	Computer supplied by Provider
Lack of internet connection	Provided by Provider (limited to SES instruction for length of tutorial)
*Cost to ESA to organize and coordinate	*Possibility of revenue sharing with Provider (individual arrangements available)

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