4.4 Contracting with a Provider

Inspiring a large team to unite behind a common vision amidst numerous complexities is a considerable challenge. Establishing clear details and expectations for all parties involved from the outset encourages future decisions that align with the core values of both the school and the provider. Section 4.4 has content related to district contract policies, development of a contract, agreement, or Memorandum of Understanding, and data-sharing agreements to help you create a contract with an external provider.

BEFORE YOU BEGIN

To establish an effective agreement with a provider, ensure you have completed the following tasks:

DISTRICT CONTRACT POLICIES
Key RecommendationsCorresponding Resources
  • Review district policies on the following before drafting the contract:
    • Contract Length: Some districts permit multi-year contracts, while others allow only one-year agreements.
    • School vs. District Contracts: Requirements vary for school-based versus district-wide contracts, each with distinct procurement guidelines. Evaluate both to determine the best fit for the district.
 
DEVELOPMENT OF A CONTRACT, AGREEMENT, OR MEMORANDUM OF UNDERSTANDING
Key RecommendationsCorresponding Resources
  • Draft an agreement using a template or previous agreement if available. Utilize Southern Education Foundation’s Template for Outcomes-Based Contracts (OBC). Utilize Accelerate’s Data Alignment and Tutoring Assessment Standards (DATAS) templates for data-sharing agreements, MoUs, model regulations, and analytics dashboards.

Template: Memorandum of Understanding (MoU) (Word Document Available)

Template: OBC Contract Template

Example: OBC High-Dosage Tutoring Exemplar Contract

Toolkit: Accelerate DATAS Toolkit

  • Define and include the provider “evidence” of effectiveness required in your contract (e.g. student growth, attendance, teacher affirmation).
Reading: Incorporating Evidence into RFPs and Subsequent Contracts
  • Review the agreement and draft questions or markups. Ensure expectations and opportunities for collaboration are outlined clearly.
Reading: Outcomes-Based Contracting for Tutoring: Insights and Recommendations Brief
  • Discuss and negotiate the terms between both parties. Use specific language in the contract to define a shared vision for success.
 
  • Finalize the agreement based on discussions and negotiations.
 
  • Sign the agreement to initiate the partnership.
 
DATA-SHARING AGREEMENTS
Key RecommendationsCorresponding Resources
  • Create a separate data-sharing agreement distinct from the contract. Use the checklist and local district requirements to ensure student safety and data privacy.

Checklist: Data-Sharing Agreement

Template: Collaborative Data Transfer and Use Agreement (Word Document Available)

  • Create a data collection plan with the provider based on data-driven goals and selected student metrics. Outline responsibilities and tools to collect tutor and student data at both session-level and individual level.
Playbook Subsection: 2.2 Setting Data-Driven Goals
PLANNING FOR LONG TERM
  • Partner with legal counsel to review and refine contract language to enhance long-term procurement effectiveness.
  • Streamline processes by planning a routine contract review cycle that outlines the person(s) responsible, standards for review, and guidelines to improve clarity in the contract.
  • Provide explicit training to partners on data privacy standards.
Tutoring Quality Standards and Self-Assessment Indicators
Take the free, 15-minute, and research-based Local Education Agency (LEA) Self-Assessment. This subsection addresses these tutoring quality standards and Self-Assessment indicators.
Data Use
Program Effectiveness and Improvement		The program has demonstrated a commitment to understanding overall program effectiveness and processes for ongoing improvement.
2a.1 | Clearly defined performance measures that define success metrics with progress monitoring indicators
2a.2 | Clearly defined performance expectations that define benchmarks (directly aligned with performance measures) to be achieved by a certain date
Data Use
Formative Assessment		The program provides tutors with support to collect, analyze, and use formative assessment data to inform design of future sessions.
2b.1 | Formative assessments aligned with the tutoring instructional program or integrated with the school’s assessment framework
2b.2 | System and expectations for collecting formative assessment data during sessions
2b.4 | Data-analysis tools/protocols to support tutors in analyzing formative assessment data, identifying trends or across student groups (race, gender, IEP status, home language and other important indicators), and making instructional decisions to provide personalized support for students
Data Use
Student Progress Measure		The program has a system for measuring individual student progress over time and responding to those results; measures of progress include both academic growth and adaptive indicators (i.e., student engagement; student confidence).
2c.1 | Identified goals for individual academic achievement aligned with program measures or integrated with the school’s summative assessments
2c.2 | Identified metrics for individual non-academic achievement aligned with program measures or integrated with the school’s summative assessments
2c.5 | Disaggregated progress monitoring by race, gender, IEP status, home language, and other important indicators to ensure equity of services
Safety
Data Privacy and Security		The program has reasonable data security infrastructure and data privacy policies and practices in place in order to keep student information safe.
5b.1 | Data privacy policies and practices to ensure confidentiality and security
5b.2 | Data privacy features built into any online/blended platform
5b.3 | System to ensure data privacy policies and practices are implemented with fidelity