From: To: Subject: Date: Attachments:

Michael Flowers Complaints Management I will to file a formal complaint against TEA Tuesday, June 29, 2010 9:54:32 AM image002.png

Is this possible? Michael Flowers 100 Scholars PO Box 163005 Austin, TX 78746 512-695-1955 Success is a Choice!

From: Complaints Management [mailto:ComplaintsManagement@tea.state.tx.us] Sent: Thursday, October 01, 2009 5:15 PM To: Michael Flowers Subject: TEA Investigative Procedures

Dear Mr. Flowers, You may contact me directly at complaintsmanagment@tea.state.tx.us. Additionally, feel free to call me directly at 512.463.9342. I will be happy to consider any requests regarding our procedures for TEA investigative and audit reviews.
Sincerely, Ms. Emi Johnson, CFE, CGAP Director of Complaints Management, Test Monitoring and Inspector General Investigations

TEL 512.463.9342 | FAX 512.463.9008 |1701 N. Congress Ave.; Austin, TX 78701

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From: To: Cc: Subject: Date: Attachments: Importance:

Michael Flowers Complaints Management Ghazal, Rita; Villarreal, Anita; "Leticia Govea"; "Gwen Davis" RE: PPA and APPA Guidance Wednesday, June 30, 2010 2:10:58 AM SES Frequently Asked Questions dated April 6.doc High

Ive enclosed a copy of my response to Rita. She was reviewing it with someone at TEA. In late May, she left me a nice voicemail that simply left the guidance unchanged. This guidance is unjustly affecting a few companies in the state and unfortunately 100 Scholars is one of them. Furthermore, TEA has no uniform solution to implement this guidance and it is costing me needless delays in getting paid from districts throughout the state. At first, I was going to live with the decision but it is costing me too much time, money and energy. The attached response did not convince the decision makers to change their guidance; hopefully I can appeal this decision in front of a body of reasonable people to get it overturned. Please provide me the detail listing of the actual cost you have figured for each SES provider in the state. Michael Flowers 100 Scholars PO Box 163005 Austin, TX 78746 512-695-1955 Success is a Choice!

From: Complaints Management [mailto:ComplaintsManagement@tea.state.tx.us] Sent: Tuesday, June 29, 2010 7:08 PM To: Michael Flowers Cc: Ghazal, Rita; Villarreal, Anita Subject: PPA and APPA Guidance

Dear Mr. Flowers: I want to acknowledge receipt of your phone message today. I apologize for my delayed response as I was out of the office for a doctors appointment.

 We want to provide you with the information and guidance to address your concerns as quickly as possible. I have contacted Ms. Ghazal and Ms. Villarreal with regard to your request and additional explanation of the issues to get a firm understanding of the matter. Without knowing the specifics, in general - it is your right to file a complaint regarding the Texas Education Agencys implementation of the NCLB Act, directly to the U.S. Department of Education. I will send you the provision under the NCLB Act and the appropriate ED Office to which the complaint would be registered. I or a staff member from NCLB Coordination Division will contact you later this week to discuss your concerns and requests in more detail. Thank you for your patience, Emi Johnson
Ms. Emi Johnson, Director Correspondence and Complaints Management Team Inspector General and Special Investigations Texas Education Agency 1701 N. Congress Ave. Austin, TX 78701-1494 Main 512.463-9342 Fax 512.463.9008 complaintsmanagement@tea.state.tx.us TEA Homepage Complaints Management Website Request Information

From: Michael Flowers [mailto:mflowers@100scholars.com] Sent: Tuesday, June 29, 2010 10:46 AM To: Ghazal, Rita Cc: 'Leticia Govea'; 'Gwen Davis'; Villarreal, Anita; Complaints Management; Green, Cory Subject: RE: PPA and APPA Guidance Importance: High

Rita, I was hoping to let this sleeping dog lie, but it keeps awaking up and biting me in the butt. I would like to appeal this decision. What are my options? Michael Flowers 100 Scholars PO Box 163005 Austin, TX 78746 512-695-1955 Success is a Choice!


From: Ghazal, Rita [mailto:Rita.Ghazal@tea.state.tx.us] Sent: Tuesday, June 01, 2010 9:54 AM To: Michael Flowers Cc: Leticia Govea; Gwen Davis; Villarreal, Anita Subject: RE: PPA and APPA Guidance

Good Morning Michael, I just left you a detailed message regarding your SES cost calculation recommendations. Please listen closely to the message because I provided instructions on options you can consider, and I will be especially difficult to reach these next few days (as I will be off-site an at inaugural divisonwide conference). SIRC is also well aware that you may be contacting them, so they know to assist you. I hope you had a restful holiday weekend. Sincerely, Rita Ghazal
From: Michael Flowers [mailto:mflowers@100scholars.com] Sent: Sunday, May 23, 2010 10:03 AM To: Ghazal, Rita Cc: Leticia Govea; Gwen Davis; Villarreal, Anita Subject: Re: PPA and APPA Guidance

I will patiently wait. Districts are beating up about this. I will bite my tongue and remain silent. Michael Flowers mflowers@100scholars.com 512-695-1955 Success is a Choice! On May 23, 2010, at 9:37 AM, "Ghazal, Rita" <Rita.Ghazal@tea.state.tx.us> wrote:

Hi Michael, I appreciate your troubleshooting efforts as well as the information you provided on your experiences with districts and the application of the new cost calculations. I am still seriously pursing the proposal you sent earlier this month, so please do not confuse a pending resolution with no action. I appreciate your continued patience. Rita
From: Michael Flowers [mailto:mflowers@100scholars.com] Sent: Saturday, May 22, 2010 4:30 PM To: Ghazal, Rita Cc: 'Leticia Govea'; 'Gwen Davis' Subject: PPA and APPA Guidance Importance: High

Rita, I hope you are close to a resolution or decision on my proposal. All districts are applying this Actual Cost scenario differently; some require more work than others. Since Gwen sent guidance telling districts that they will have to monitor the payments to ensure they do not overpay, this is causing many districts to try to get their arms around this effort. Depending on your decisions, I can generate a universal spreadsheet to help simplify this effort for everyone involved. Some districts have gone on to say that if the calculations are not correct according to their records, they will NOT pay the invoice at all. Cmon! My spreadsheet will get the job done; Im sure there are better spreadsheet gurus than me that can solve this 800 lb gorilla.

From: To: Cc: Subject: Date: Importance:

Michael Flowers Ghazal, Rita "Leticia Govea"; "Gwen Davis"; Villarreal, Anita; Complaints Management; Green, Cory RE: PPA and APPA Guidance Tuesday, June 29, 2010 10:46:33 AM High

Rita, I was hoping to let this sleeping dog lie, but it keeps awaking up and biting me in the butt. I would like to appeal this decision. What are my options? Michael Flowers 100 Scholars PO Box 163005 Austin, TX 78746 512-695-1955 Success is a Choice!

From: Ghazal, Rita [mailto:Rita.Ghazal@tea.state.tx.us] Sent: Tuesday, June 01, 2010 9:54 AM To: Michael Flowers Cc: Leticia Govea; Gwen Davis; Villarreal, Anita Subject: RE: PPA and APPA Guidance

Good Morning Michael, I just left you a detailed message regarding your SES cost calculation recommendations. Please listen closely to the message because I provided instructions on options you can consider, and I will be especially difficult to reach these next few days (as I will be off-site an at inaugural divisonwide conference). SIRC is also well aware that you may be contacting them, so they know to assist you. I hope you had a restful holiday weekend. Sincerely,

 Rita Ghazal
From: Michael Flowers [mailto:mflowers@100scholars.com] Sent: Sunday, May 23, 2010 10:03 AM To: Ghazal, Rita Cc: Leticia Govea; Gwen Davis; Villarreal, Anita Subject: Re: PPA and APPA Guidance

I will patiently wait. Districts are beating up about this. I will bite my tongue and remain silent. Michael Flowers mflowers@100scholars.com 512-695-1955 Success is a Choice! On May 23, 2010, at 9:37 AM, "Ghazal, Rita" <Rita.Ghazal@tea.state.tx.us> wrote: Hi Michael, I appreciate your troubleshooting efforts as well as the information you provided on your experiences with districts and the application of the new cost calculations. I am still seriously pursing the proposal you sent earlier this month, so please do not confuse a pending resolution with no action. I appreciate your continued patience. Rita
From: Michael Flowers [mailto:mflowers@100scholars.com] Sent: Saturday, May 22, 2010 4:30 PM To: Ghazal, Rita Cc: 'Leticia Govea'; 'Gwen Davis' Subject: PPA and APPA Guidance Importance: High

Rita, I hope you are close to a resolution or decision on my proposal. All districts are applying this Actual Cost scenario differently; some require more work than others. Since Gwen sent guidance telling districts that they will have to monitor the payments to ensure they do not overpay, this is causing many districts to try to get their arms around this effort. Depending on your decisions, I can generate a universal spreadsheet to help

simplify this effort for everyone involved. Some districts have gone on to say that if the calculations are not correct according to their records, they will NOT pay the invoice at all. Cmon! My spreadsheet will get the job done; Im sure there are better spreadsheet gurus than me that can solve this 800 lb gorilla.

This is a response to the Supplemental Educational Services Frequently Asked Questions dated April 6, 2010. The purpose of this response is to recommend changes to the guidance provided in the document.

SES FAQ Updated April 6, 2010

Current The LEA must follow this requirement and expend the additional amount equal to 20% of the ARRA Title I allocation for SES services to eligible students. In order to calculate the actual cost of the services TEA will multiply the providers responses to the following two questions in the approved provider application and then multiply product by 2. The average number of tutoring sessions (defined as 1 hour of tutoring) provided during the duration of the program per student per year. The cost per student per for each individual or group, as applicable, tutoring session. Proposed The highlighted yellow should be re-written or deleted altogether. Most providers did not indicate an actual program cost in their applications. A few providers mention a program cost in their narratives; 100 Scholars was not one of them. There were three questions in the application that speaks to this subject, so I do not understand why only two questions were chosen to determine the uniform calculation. The three questions are as follows:

Therefore, the calculation would be as follows: Average number of tutoring sessions X cost per student per session X 2 = actual cost of program. The formula above is to determine a uniform calculation of the actual cost of the program and does not in any way alter the length or description of the services approved in the providers application. The addition of the ARRA per pupil amounts increases the amount of services available to existing students and may only be used to add new students when funds remain available after all the existing students have expended either their full per pupil allocation or the actual cost of the program, whichever is less. LEAs should use the additional ARRA PPA funds to benefit eligible students and assist them in improving academic achievement. LEAs should consider multiple options, such as summer services, for the use of the additional services to benefit the student.

(1) The average number of tutoring sessions (defined as 1 hour of tutoring) provided during the duration of the program per student per year. (2) The average length of tutoring session. (Note: this was not defined as one hour in the application. 100 Scholars response to this question was 2 hours. Keep in mind that all averages have deviations. 100 Scholars response was based on our typical session lengths of 1.0, 1.5, 2.0 or up to 3.0 hours or more for Saturday and summer sessions. In no way was our response or the response to the average number of tutoring sessions an absolute.) (3) The cost per student per for each individual or group, as applicable, tutoring session.
I can continue with many different scenarios but I think the right decision is to allow providers to serve student to their full per pupil allocation and eliminate the actual cost of the program notion. All providers understand they cannot bill a district beyond the per pupil allocation and most do not have an actual total program cost. I recommend that you strike the actual cost

The goal of this program is to provide the appropriate additional Supplemental Educational Services to as many eligible students as possible. Special circumstances related to student services are addressed below. All other instances of SES services where the services are continuing normally should be invoiced and paid promptly by the LEAs normal contract and invoicing procedures.

language from the FAQ and let providers serve the students to their full per pupil allocation because the actual program cost varies per district based on the per pupil allocation. However, if you choose to develop a formula to determine a uniform calculation then base it on all three responses in the application Therefore, the calculation would be as follows: Average number of tutoring sessions X Average length of tutoring sessions X cost per student per session X 2 = actual cost of program.

Comments: 100 Scholars has always provided unlimited hours to students that are willing to show up for sessions; please review our record in the EZSES system. We did not think that an unlimited response was proper for a question asking us about an average. Specifically with Austin ISD, this formula adversely affects a few providers, 100 Scholars included. To allow some providers to invoice district for the full per pupil allocation and deny others based on a response to a question about averages in unfair. Please re-consider your guidance.