Tutoring fraud investigation in San Antonio ISD

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March 25, 2013 letter from Texas Education Agency to SAISD re tutoring fraud investigation

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Resolution of NCLB SES Complaint Investigation March 25, 2013 Dr. Sylvester Perez, Interim Superintendent Ms. Liza Rosenthal, Accountability & Compliance Bob Ramirez, Attorney San Antonio Independent School District 141 Lavaca Street San Antonio, Texas 78210-1095 Tel (210) 554-2200 or (210) 299-1187 x139 Julianne Hoerman, President 1 to 1 Computer Tutoring 524 Meadowood Lane Coppell, TX 75019 (972) 998-6642 Marion W Coleman, Director Boost Academy 204 W. Bedford Euless Rd #109 Hurst, TX 76053 (682) 970-9706 Naana Otchway, Manager Avenue Academy 204 W. Bedford Euless Rd #109 Hurst, TX 76053 (214) 777-2848 David Mbugua, Manager Wise Links 2131 N. Collins St. Stes 433-517 Arlington, TX 76011 (407) 319-6457 VIA EMAIL [email protected] [email protected] [email protected]

Florine K. Mati, Director Diverse Links / Diverse Learning 1220-G Airport Freeway #511 Bedford, TX 76022 (817) 510-3232

[email protected] [email protected]

[email protected]
Onyine Agwuna, Director Variations Educational Services 3085 Walnut Bend Ln #25 Houston, tX 77042 (832) 377-8378

[email protected]
Antwan Oliver, President Educational Advantage!, LLC 233 Commercial Blvd, 2nd Fl Lauderdale By the Sea, FL 33308 (877) 663-2023

[email protected]

[email protected]

[email protected]

SUBJECT:

San Antonio Independent School District Boost Academy | Avenue Academy | Diverse Links | Wise Links Variations Educational Services | Education Advantage! | 1 to 1 Computer Tutoring Student Sign-in Sheets Submitted for Invoice Payment Provision of SES to Eligible Students

TEA Final Resolution Letter San Antonio Independent School District
Boost Academy | Avenue Academy | Diverse Links | Wise Links Variations Educational Services | Education Advantage! | 1 to 1 Computer Tutoring

Page 2

This letter serves to resolve the February 15, 2013 complaint filed by San Antonio Independent School District (district) concerning the named Providers. The agency’s statelevel investigation findings and conclusion are reported in this letter for each Provider. The agency’s investigation was conducted under Title I, Section 1116(e) of the Elementary and Secondary Education Act, No Child Left Behind Act (NCLB) and the Supplemental Educational Services (SES) Non-Regulatory Guidance, January 14, 2009. Complaint Allegation for Named Providers The district alleged that the providers submitted fraudulent documentation, specifically, student tutoring sign-in / attendance sheets, to invoice the district for payment for tutoring services that were not provided to the students. The district asserts that the falsified information and documents violate the contracts between the district and the companies. In addition, the district believes that the providers violated federal SES regulations and the state application provisions and assurances, including the SES Code of Business Ethics. District Local Investigation In accordance with the state-level NCLB/SES Provider complaint process, the district submitted its preliminary findings and supporting documentation to the agency for a state-level investigation. While the district continues to conduct its local investigation, the agency considered the district’s findings and documentation sufficient grounds for a state-level review. The district became aware of similar improprieties concerning Education Advantage after it submitted its complaint to the agency. However, there was sufficient information for the agency to notify and include Education Advantage in this state-level investigation. The district’s findings and conclusions are based on the following:        complaints; inspection of student tutoring attendance sign-in sheets; auditing of invoices and payments; validation of data entered in the EZ SES Management System; interviews with district staff and parents; interviews or written statements of students; and responses submitted by providers.

1. The schools subject to this investigation are Rogers Middle School, Tafolla Middle School, Rhodes Middle School, and Sam Houston High School. 2. The district submitted a sampling of statements written by students and their tutoring sign-in attendance sheets. On its review, the district finds that a number of students did not receive most or any SES tutoring or the learning tools that the students were entitled to receive. 3. With regard to Avenue Academy, on January 24, 2013, a parent was trying to transfer her child because no services had been provided. However, records entered into the state’s EZ

Texas Education Agency | NCLB / SES Complaint Investigation

TEA Final Resolution Letter San Antonio Independent School District
Boost Academy | Avenue Academy | Diverse Links | Wise Links Variations Educational Services | Education Advantage! | 1 to 1 Computer Tutoring

Page 3

SES Management System indicated that the student had completed all services over a twoweek period in December 2012. The Provider’s sign-in sheets were reviewed and 18 students were interviewed. All of the students stated that a teacher at their school instructed them to complete the sign-in sheets in order to receive a tablet. None of the 18 students had received services on the dates and times as reported on the sign-in sheets that were submitted to district for payment. Certain district staff, working on behalf of Avenue Academy, were recruiting students and instructed the students to complete blank documents. Some of the tutors interviewed by the district admitted to signing the documents without tutoring the students. Students interviewed by the district stated that they had not received tutoring or worked independently on the dates and times reported on the sign-in sheets. Avenue Academy acknowledged receipt of the district’s complaint on January 26, 2013 but did not offer an explanation for the discrepancies on the sign-in sheets. During its investigation of Avenue Academy, some tutors indicated that similar falsifications were done for students enrolled with Diverse Links, Boost Academy, and Wise Links. The district found that several of the sign-in sheets for Avenue Academy, Diverse Links, Boost Academy and Wise Links appear to have been altered. One of the tutors maintained copies of the sign-in sheets and was able to show the district that the name of the company had been changed from Fast Track Learning (another SES company) to Avenue Academy.

4. With regard to Diverse Links/Diverse Learning, student statements indicated that certain teachers at the school had instructed students to complete the sign-in sheets in the classroom. Student statements from a high school indicated that students were approached off campus grounds and asked to sign documents in order to receive a learning tool. While some students at both campuses stated they had received some tutoring, none were tutored on the dates or times listed on the documents submitted for payment. Some students had received a learning tool, while some had not. The district notified Diverse Links of the suspect documents on February 5, 2013. Diverse Links responded on February 6, 2013 and indicated that some tutors had been paid, even though students had not been tutored. No further information or explanations for the falsified documents have been submitted to the district. 5. With regard to Boost Academy, some of the students had received tablets, and a handful had logged hours on a self-paced system. However, none of the students reported receiving tutoring or working online during the times and dates listed on the sign-in sheets. During this time, a tutor working for Boost Academy contacted the district because he had not been paid by Boost Academy for his work. When shown the documents submitted with his name listed as the tutor, the tutor stated that his signature had been forged on almost all of the sign-in sheets, and that most were for students he did not know and did not tutor. The tutor stated that he had worked with only one student at the high school. However, his signature appeared on a number of sign-in sheets from the high school and on one form from a middle school. The district notified Boost Academy of the suspect documents on February 6, 2013. Boost Academy had not provided any explanations to the district.

Texas Education Agency | NCLB / SES Complaint Investigation

TEA Final Resolution Letter San Antonio Independent School District
Boost Academy | Avenue Academy | Diverse Links | Wise Links Variations Educational Services | Education Advantage! | 1 to 1 Computer Tutoring

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6. With regard to Wise Links, student statements indicate that certain teachers had asked them to complete the sign-in sheets in order to receive a tablet. Some of the students had received a tablet, while others had not. Some of the students stated that they had received some tutoring, although none of the students received tutoring on the dates and times listed on the forms submitted for payment. The district notified Wise Links of the suspect documents on February 8, 2013. Wise Links had not responded to the district. 7. With regard to Variations Educational Services (Variations), a middle school student submitted a complaint on January 28, 2013, because Variations had not started tutoring the student. However, the records in EZ SES Management System showed that the student received services. When shown a copy of the sign-in sheet submitted for payment, the student stated that the signature on the form was forged and the student stated that tutoring services were not received on the dates and times listed on the form. The district interviewed additional students. While some students stated they had received tutoring, none of the students were tutored on the dates or times submitted by Variations. In addition, a number of students stated that the signatures on the documents were not their signatures. The district notified Variations of the suspect documents on January 29, 2013. Two days later, a representative of Variations submitted a number of sign-in sheets to the district with tutoring dates and times that had yet to be completed.
District Conclusion

The district concluded that the actions of the providers violated the agreement it had with each respective provider. The district stated that the SES providers failed to provide pertinent attendance data (i.e., student name, number of SES sessions for each student per month, dates of attendance, actual hours of service and amount owed). In addition, the data provided is wholly or partially false, and therefore, the submission for payment was not compliant with the terms of the SES agreement and not duly earned. SES Provider Responses to TEA’s Complaint Investigation On February 26, 2013, the agency sent a written notice to each provider concerning the complaint filed by the district. Each provider was given an opportunity to respond and submit any information for consideration in the resolution of the complaint. 1 to 1 Computer Tutoring: On March 8, 2013, 1 to 1 Computer Tutoring responded timely to the agency’s notice of investigation. In its response, 1 to 1 Computer Tutoring acknowledged that it "was over billing in November of 2012." The Provider wrote, "The owners, my husband and myself, have always been very involved in all aspects of the company and take great pride in that fact. We maintain a great relationship with personnel within each district to ensure the schools are seeing improvement in our students. When we decided to start tutoring in such a large state as Texas we allowed one of our long time employees to take on more 'ownership' type role in San Antonio on a more bonus type structure. Clearly this was a mistake on our part and taken advantage of on his part. We gave this employee greater responsibility in San Antonio. The employee cost my company a good name in the state of Texas. We take great pride in being a company that very honest, one that is truly caring for the students that are entrusted to us, and hard working to ensure that we do exactly what we lay out in the application that we take a great amount of time to make sure is accurate. We are ashamed that this

Texas Education Agency | NCLB / SES Complaint Investigation

TEA Final Resolution Letter San Antonio Independent School District
Boost Academy | Avenue Academy | Diverse Links | Wise Links Variations Educational Services | Education Advantage! | 1 to 1 Computer Tutoring

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incident occurred and have handled it internally by firing the employee In addition, we have made drastic changes in the way we allow our current employees to be involved in the attendance and billing structure within our company going further. All attendance must go through the home office and must sign off by a parent via face-to-face signature of a verbal over the phone approval. We hope that you can see the error was a single incident and it will not happen again and hope that you can see the value that the Provider bring to Texas. Please accept our sincerest apologies for this incident, and trust that this is a very isolated incident that will never occur again." No supporting documentation was submitted to the agency. Education Advantage! : Education Advantage did not submit a written response to the agency’s notice of investigation. Avenue Academy: On March 8, 2013, Avenue Academy responded timely to the agency’s notice of investigation. In its response, the Provider wrote, "We here at Avenue Academy are saddened by the nature of the events that have occurred recently. As a new SES provider in the State of Texas we are witnessing events that are making us aware of new things every day. Our case in Tafolla Middle School is an example of not having honest tutors on the ground. We deeply apologize and take ownership of the issue. We have strengthened our monitoring and supervision protocols to ensure such events do not happen again.” No supporting documentation was submitted to the agency. Diverse Links dba Diverse Learning: On March 8, 2013, Diverse Links responded timely to the agency notice of investigation. In its response, Diverse Links wrote, "We were not aware of the situation in San Antonio. We had purchased all the materials and resources needed to rung the program requested by Dolores Martinez. Dolores Martinez was our liaison between our teachers, parents, and students for this school year. She assured us that everything was going well in the program and that there were no concerns. We then in turn, had the students incentives mailed to her address for her to deliver them to the tutors. The tutors were to distribute the tablets to the students who were completing the program hours." No supporting documentation was submitted to the agency. Boost Academy: On March 8, 2013, Boost Academy responded timely to the agency’s notice of investigation. In its response, Boost Academy wrote, "We have been running a successful and satisfactory program in San Antonio ISD, our only concern has been the 8 students in Tafolla who as per our tutor received tutoring in the month of December." The Provider further stated, "Our tutors verified that tutoring took place." No supporting documentation was submitted to the agency. Wise Links: On March 8, 2013, Wise Links responded timely to the agency’s notice of investigation. In its response, the Provider wrote, "As an approved SES provider in the State of Texas we take our duty to provide services to students very seriously and impart the same level of diligence and seriousness to our tutors. A big number of tutors understand and execute our required high level of service delivery. Unfortunately, some do not and that was our experience in San Antonio with our tutors at Tafolla Middle School. We provided the necessary learning tools and text books to our tutors but it seems they never utilized the materials provided. We understand the seriousness of the allegation and we have made personnel changes and let some tutors go. We are also cross checking student sign in sheets with the parents and

Texas Education Agency | NCLB / SES Complaint Investigation

TEA Final Resolution Letter San Antonio Independent School District
Boost Academy | Avenue Academy | Diverse Links | Wise Links Variations Educational Services | Education Advantage! | 1 to 1 Computer Tutoring

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campuses liaison (sic) staff to ensure that this problem does not occur again." No supporting documentation was submitted to the agency. Variations: On March 8, 2013, Variations responded timely to the agency’s notice of investigation. In its response, Variations explained that it had turned over attendance records to the district, reviewed other records submitted to them by their tutors, conducted their own interviews, and revamped their procedures to address the problem. Variations had determined that “two individuals failed to follow instructions from Variations in their dealing with affected students. These individuals have been terminated from their employment with Variations.” “Their errors have damaged Variations as well, due to the revenue it will lose, as well as the loss of upfront program costs.” No supporting documentation was submitted to the agency. TEA State-level Findings As part of its investigation, the agency reviewed the following:  information submitted by the district including, o o o  student sign-in sheets student witness statements written correspondence between the providers and the district

responses submitted by the providers

The agency’s findings, conclusions, and corrective actions are presented for each Provider as follows. 1 to 1 Computer Tutoring 1. The district submitted several student statements and invoicing documentation. 2. In a December 21, 2012 email to the Provider, the district indicated that it was continuing to investigate the signature sheets that were submitted to the district in November 2012. 3. The agency confirmed that the students subject to this complaint indicated:

a. A representative came by their home and told them that in order to get their iPad and start tutoring they would have to sign the form. b. The form was blank when the student signed it. c. The students did not receive tutoring from the Provider. 4. On December 20, 2012, a parent tried to enroll their child with another provider. The parent was surprised to find that not only was the child enrolled with the Provider, but the system indicated the student’s allocated hours were used by another student. a. The parent and the student insist the student had no contact from the Provider and had not received services. The parent was "furious that her child's
Texas Education Agency | NCLB / SES Complaint Investigation

TEA Final Resolution Letter San Antonio Independent School District
Boost Academy | Avenue Academy | Diverse Links | Wise Links Variations Educational Services | Education Advantage! | 1 to 1 Computer Tutoring

Page 7

information was used so inappropriately and demanded that the child be removed from the Provider immediately and the student's Per Pupil Allotment (PPA) restored. PPA is the amount of federal funds allotted to each student for SES tutoring services throughout the school year and is paid by the district in accordance to an hourly rate charged by the Provider. b. The Provider's representative has on more than one occasion, given a student's log in information to other students. On the afternoon of December 20, 2012, a person has logged in five (5) times as one student and the district received an invoice for $700.00 for one student's tutoring services in November. c. In response, the Provider stated, “We have had students with very similar or alike log in names which have since been corrected. When the other student tried to log in and could not, the Provider's representative allowed the use of another student’s log in information.” The Provider allowed students to share user names. “This mistake should have been caught, and the correct student should have been billed for the hours.” d. In a December 20, 2012 email to the district, the Provider responded, "It may not have even been the parent that signed the student up, but someone at the student's residence signed the student up with our company." The Provider's representative “will go by the student's house and have the student sign the district's attendance sheet for the month with the filled in dates and times from the program.” The Provider's representative “went to the student's residence, not knowing that this was the incorrect student.” e. According to the Provider’s December 21, 2012 email, the Provider’s representative “admitted that he filled in the tutoring information after the students signed the sheet.” 5. Based on the students’ written statements, the Provider representative visits the student’s home to ask whether the student received an iPad for tutoring services. If the students had not received an iPad, then the student would be asked to sign their name on blank forms. Some students received an iPad and no tutoring services, some students received a few tutoring sessions, and some students did not receive an iPad or tutoring services. For the students who received tutoring, the tutoring did not occur on the dates and times listed on the sign-in sheets submitted for invoicing. 6. The Provider's representative is named Ivan Ocasio. Conclusion for 1 to 1 Computer Tutoring 1 to 1 Computer Tutoring gave students’ log in password / access codes to other students to use. Therefore, 1 to 1 Computer Tutoring disclosed student identifying information in violation of the federal law protecting student identifying information, Family Educational Rights and Privacy Act (FERPA).

Texas Education Agency | NCLB / SES Complaint Investigation

TEA Final Resolution Letter San Antonio Independent School District
Boost Academy | Avenue Academy | Diverse Links | Wise Links Variations Educational Services | Education Advantage! | 1 to 1 Computer Tutoring

Page 8

1 to 1 Computer Tutoring allowed the expenditure of the PPA to students for which the funds were not allotted. Certain students were left with less tutoring hours than what they should have had available. Therefore, certain students were denied the full educational opportunity and access to the educational services to which they are entitled in violation of the NCLB Act. 1 to 1 Computer Tutoring falsified information on students’ tutoring sign-in attendance sheets and submitted the falsified information to the district for the purposes of payment for tutoring services that were not provided to the students. Corrective Action for 1 to 1 Computer Tutoring Category of Violation(s): Category 1: Serious Violation | Removed Under the agency’s Standards and Mechanism for the Removal of SES Providers, the Provider’s violations are a serious violation, which results in the removal of the Provider from the state-approved SES provider list until the next SES application period. 1. The district must report the agency’s investigative findings at the next public meeting of the district’s Board of Trustees, as a board agenda item. 2. The district must immediately reassign all students subject to the falsified documents and FERPA violation from the Provider to another provider of the parents’ choice. The district must contact each of the parents to allow the parents to select the SES provider(s) of their choice. 3. The Provider must provide the district a full and current list of its employees with dates of birth and any other identifiers necessary for the district to verify that the Provider’s representatives, tutors, and recruiters met the district’s fingerprinting and criminal history record review as required by state law and the state SES application. The Provider is required to provide Mr. Ivan Ocasio’s identifying information to the district for fingerprinting verification. The tutor should have been fingerprinted before contacting students. Education Advantage! 1. The Provider was not identified as part of the district's original complaint because the district did not discover the improprieties until after the district submitted its complaint to the agency. However, the agency finds sufficient facts to investigate the Provider as part of the district’s February 15, 2013 complaint. 2. The district identified thirteen (13) students for whom attendance was recorded and the students stated that they had not received any tutoring at all. In addition, eight (8) students reported that their sign-in sheets had been modified to include additional hours for which they had not received tutoring.

Texas Education Agency | NCLB / SES Complaint Investigation

TEA Final Resolution Letter San Antonio Independent School District
Boost Academy | Avenue Academy | Diverse Links | Wise Links Variations Educational Services | Education Advantage! | 1 to 1 Computer Tutoring

Page 9

3. Certain tutors that the Provider hired were district employees. Therefore, the district interviewed their employees and was able to confirm that the students had not, in fact, received the tutoring. 4. On March 6, 2013, the district requested the Provider to identify any students for whom attendance was entered incorrectly and correct the data in the EZ SES Management System and to submit a new invoice for January to reflect accurate information for the students who actually received tutoring. 5. On February 21, 2013, the district notified the Provider of the following, "Allegations have recently been made that logs provided by Education Advantage were falsified and the district is in the process of completing its investigation into these serious allegations. Therefore, Education Advantage's agreement with the district is suspended." 6. On February 28, 2013, the district notified the Provider that the invoices the Provider submitted in January 2013 were questionable and rejected for payment through EZ SES Management System. 7. On March 5, 2013, the Provider explained to the district, "We are a national company operating since 2007. In that time we have never had a complaint filed against us regarding billing or the falsification of documents." Conclusion for Education Advantage! The district has not provided supporting documentation. Additionally, the Provider has not responded to the agency’s notice of investigation. Therefore, the agency’s determination is pending review of the district’s written findings and documentation. Requested Actions 1. The district’s superintendent must report to the agency any certified educator whose conduct meets the criteria and standards under Texas Administrative Code Rule 249.14. 2. The Provider must provide the district a full and current list of its employees with dates of birth and any other identifiers necessary for the district to verify that the Provider’s representatives, tutors, and recruiters met the district’s fingerprinting and criminal history record review as required by state law and the state SES application.

Avenue Academy 1. The district submitted eight (8) samples of student sign-in sheets and invoicing documentation. 2. On January 25, 2013, the district notified the Provider of a parent complaint alleging that her child had not received tutoring services and requested to transfer her child to another provider. However, the records showed that that the student had completed her tutoring program and used up her full PPA over a two-week period in December 2012.

Texas Education Agency | NCLB / SES Complaint Investigation

TEA Final Resolution Letter San Antonio Independent School District
Boost Academy | Avenue Academy | Diverse Links | Wise Links Variations Educational Services | Education Advantage! | 1 to 1 Computer Tutoring

Page 10

The student stated that her teacher at school, Ms. Dolores Martinez, had provided forms to a number of students and directed the students to fill in dates and times, and to sign the forms. The student had to sign the form in order to receive her electronic learning tool and tutoring services. 3. Students subject to the agency’s investigation stated that they were told by their teachers to sign the document, although the dates and times were false. Certain students said they have had some tutoring, but no on the dates or times on their sign-in sheets. 4. Based on the agency’s inspection of the forms, there is indication that some of the signin attendance forms may have been altered. Sample Students’ Statements and Sign - In Sheets 5. “I have never received tutoring from anyone. Ms. Martinez gave me a sheet to sign it in class so I could get my tablet, but I have never had any tutoring, but I did get my tablet.” The Provider invoiced the district for 21.27 hours of tutoring from December 12, 2012 December 22, 2012. However, each tutoring session was 4:00-6:30 PM. The sign-in sheet is signed by C. Velasquez (tutor) and appears to have been whited out where "21.27" is written. 6. “I have been going to tutoring twice a week after Christmas. Ms. Velasquez gave me the form to fill out before Christmas so that I can get my tutoring. I filled out the form in classroom." The Provider invoiced the district for 17 hours of tutoring from December 3, 2012 - December 18, 2012. Each tutoring session was 4:00 - 6:30 PM. The sign - in sheet was signed by Gregory Amaya (tutor) and appears to have been whited out on the tutor's signature line and where the "17" is written. 7. “I have not received any tutoring from anybody. Ms. Velasquez gave me the form in class and told me to fill it out. Then later Ms. Velasquez gave me the tablet at school." The Provider invoiced the district for 17 hours of tutoring from December 3, 2012 December 18, 2012. Each tutoring session was 4:00-6:30 PM. The sign-in sheet was signed by Concepcion Perez (tutor) and appears to have been whited out where "17" is written. 8. “I have not received tutoring from anyone and I have not received a tablet. Mrs. Martinez gave me the form so I could fill it out so I could receive a laptop. I filled it out in Mrs. Martinez' classroom." The Provider invoiced the district for 20 hours of tutoring from December 12 - December 21, 2012. Each tutoring session was 4:00-6:30 PM. The sign - in sheet was signed by C. Velasquez (tutor). 9. “I have not gone to tutoring at all this year. Ms. Martinez told me to fill out the sheet in class because they needed it…Almost the whole class was asked to fill out the form and some of them do have the tablet." The Provider invoiced the district for 17:30 hours of tutoring from December 12, 2012 - December 20, 2012. Each tutoring session was 4:00-6:30 PM. The sign - in sheet was signed by C. Velasquez (tutor) and appears to have been whited out where "17.30" is written.

Texas Education Agency | NCLB / SES Complaint Investigation

TEA Final Resolution Letter San Antonio Independent School District
Boost Academy | Avenue Academy | Diverse Links | Wise Links Variations Educational Services | Education Advantage! | 1 to 1 Computer Tutoring

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10. “I have not received tutoring from anyone and I never received a tablet. Ms. Martinez asked me to register for the company but I said no then later she gave me the form because it was important so I had to fill it out." The Provider invoiced the district for 21.27 hours of tutoring from December 12, 2012- December 22, 2012. Each tutoring session was 4:00-6:30 PM. The sign-in sheet was signed by C. Velasquez (tutor) and appears to have been whited out where "21.27" is written. 11. The district employees who were also employed as tutors for the Provider at the time of these incidents are Dolores Martinez and C. Velasquez. Conclusion for Avenue Academy Avenue Academy falsified information on students’ tutoring sign-in attendance sheets and submitted the falsified information to the district for the purposes of payment for tutoring services that were not provided to the students. Corrective Action for Avenue Academy Category of Violation(s): Category 2: Systemic Under the agency’s Standards and Mechanism for the Removal of SES Providers, the Provider’s violations are systemic. 1. The district must report the agency’s investigative findings at the next public meeting of the district’s Board of Trustees, as a board agenda item. 2. The district must reassign all students subject to the falsified documents from the Provider to another provider of the parent’s choice. The district must contact each of the parents to allow the parents to select the SES provider(s) of their choice. 3. The district’s superintendent must report to the agency any certified educators whose conduct meets the criteria and standards under Texas Administrative Code Rule 249.14. NOTE: The agency removed Avenue Academy from the State-approved SES Provider List on March 11, 2013, for falsifying their tax identification number on the state’s SES Application.

Diverse Links dba Diverse Learning 1. The district submitted eight (8) sign-in sheets and invoice documentation. 2. On February 5, 2013, the district notified Diverse Links of complaints it has received from students at Tafolla Middle School concerning their SES tutoring. The district informed Diverse Links that multiple students had not received any tutoring, but were told to fill in false information in order to receive a tablet.

Texas Education Agency | NCLB / SES Complaint Investigation

TEA Final Resolution Letter San Antonio Independent School District
Boost Academy | Avenue Academy | Diverse Links | Wise Links Variations Educational Services | Education Advantage! | 1 to 1 Computer Tutoring

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3. On February 6, 2013, Diverse Links responded, "Tutors were introduced to us by Dolores Martinez, who worked for Diverse learning, Inc. during the last school year.” 4. On February 7, 2013, the district asked Diverse Links, "Who is responsible for submitting documentation to the Provider's office, was Dolores Martinez paid for any services this school year for organizing or recruiting students, how were tablets distributed to children. To whom were they sent and who was responsible for distribution?" 5. On February 7, 2013, Diverse Links, responded, "All documentation is mailed to the office. Dolores Martinez was compensated for referring tutors for this school year. The tablets were shipped to Mrs. Martinez who in turn delivered them to the tutors for distribution, along with other materials to be used for tutoring." 6. On February 7, 2013, the district asked Diverse Links if it had any connection with Avenue Academy, Boost Academy, Wise Links, Fast Track, or Education Advantage!. The Director of Diverse Links/Diverse Learning informed the district, "We are sister company to Boost Academy." Sample Students Statements and Sign - In Sheets 7. “I have signed up for tutoring program but I signed up for a different one. I believe my signature was forged by someone else because I do not recall signing the sheet anytime in December.” The Provider invoiced the district for "21.30" hours of tutoring from December 8, 2012 - December 29, 2012. Each tutoring session was 10:00 AM - 2:15 or 2:00 PM. The sign - in sheet was signed by Nelly Quintana (tutor). 8. I had signed up for tutoring and the tutor said I had to sign some dates. The Provider’s representative told me to sign for five (5) dates but I was only tutored once.” The Provider invoiced the district for 21.15 hours of tutoring from December 8, 2012 December 29, 2012. Each tutoring session was from 10:00 AM - 2:15 PM. The sign-in sheet was signed by Nelly Quintana (tutor). 9. “I have not been tutored and all that I have done is sign the paper. I signed my name all in one day.” The Provider invoiced the district for 23.55 hours of tutoring from December 8, 2012 - December 29, 2012. Each tutoring session was from 10:00 AM - 2:05, 2:15, or 1:00 PM. The sign-in sheet was signed by Nelly Quintana (tutor). 10. “I never signed up for tutoring and I didn’t receive after-school tutoring. I didn't sign any paper for tutoring.” The Provider invoiced the district for 21.15 hours of tutoring from December 8, 2012 - December 29, 2012. Each tutoring session was from 10:00 AM-2:15 PM. The sign-in sheet was signed by Nelly Quintana (tutor). 11. “Ms. Velasquez gave me the sheet to fill out when I was in her class so I can get a tablet. I have not gone to any after-school tutoring or received the tablet.” The Provider invoiced the district for 22:30 hours of tutoring from December 3, 2012 - December 13, 2012. Each session was from 4:00-6:30 PM. The sign-in sheet was signed by Trevino.

Texas Education Agency | NCLB / SES Complaint Investigation

TEA Final Resolution Letter San Antonio Independent School District
Boost Academy | Avenue Academy | Diverse Links | Wise Links Variations Educational Services | Education Advantage! | 1 to 1 Computer Tutoring

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12. "Before Christmas break, Ms. Velasquez gave me the sheet to fill out in class so I could get tutoring. I never went to the Family Dollar to receive tutoring or the tablet.” The Provider invoiced the district for 22.30 hours of tutoring from December 3, 2012December 13, 2012. Each tutoring session was from4:00-6:30 PM. The sign-in sheet was signed by Lorraine Campos (tutor). 13. In January 2013, “Ms. Velasquez told me at school to go to the Family Dollar to start tutoring. When I got there she gave me the sheet to fill out but I have not [received] the tutoring." The Provider invoiced the district for 22:30 hours of tutoring from December 3, 2012- December 13, 2012. Each tutoring session was from 4:00- 6:30 PM. The sign - in sheet was signed by Trevino (tutor). 14. In January of 2013, “Ms. Velasquez gave me the sheet in class to fill out so I can start tutoring. I started at the school tutoring in January at the Family Dollar and I have gone for about 10 days.” The Provider invoiced the district for 22:30 hours of tutoring from December 3, 2012 - December 13, 2012. Each tutoring session was from 4:00-6:30 PM. The sign-in sheet was signed by Trevino (tutor). Conclusion for Diverse Links/Diverse Learning Diverse Links dba Diverse Learning falsified information on students’ tutoring sign-in attendance sheets and submitted the falsified information to the district for the purposes of payment for tutoring services that were not provided to the students. Corrective Action for Diverse Links/Diverse Learning Category of Violation(s): Category 2: Systemic | Probation (6 months) Under the agency’s Standards and Mechanism for the Removal of SES Providers, the Provider’s violations are systemic. The probation period will be for six (6) consecutive months. A single instance of noncompliance found by TEA during the probation period will elevate the provider to Category 1 for immediate removal. 1. The district must report the agency’s investigative findings at the next public meeting of the district’s Board of Trustees, as a board agenda item. 2. The district must reassign all students subject to the falsified documents from the Provider to another provider of the parent’s choice. The district must contact each of the parents to allow the parents to select the SES provider(s) of their choice. 3. The Provider must provide the district a full and current list of its employees with date of births and any other identifiers necessary for the district to verify that the Provider’s representatives, tutors, and recruiters met the district’s fingerprinting and criminal history record review as required by state law and the state SES application.

Boost Academy

Texas Education Agency | NCLB / SES Complaint Investigation

TEA Final Resolution Letter San Antonio Independent School District
Boost Academy | Avenue Academy | Diverse Links | Wise Links Variations Educational Services | Education Advantage! | 1 to 1 Computer Tutoring

Page 14

1. The district submitted eight (8) student sign-in sheets and invoice documentation. 2. On February 6, 2012, the district notified the Provider of the alleged falsification of documents that report that tutoring occurred when students indicate that tutoring has not been provided to them. 3. On February 6, 2012, the Provider responded, "This comes as a surprise and we are taking this seriously." We will research and let you know of our findings." There is no evidence of the Provider informed the district of its findings. Sample Students’ Statements and Sign-in Sheets 4. "I was sitting in class with Ms. Ochoa and she told me and several other students to go see Mrs. Martinez…I went to go see Mrs. Martinez in her classroom …and she gave me the sheet to fill out. She told me to write my name ten times and I followed directions." 5. “The Provider representative “came to my house and had me sign the tutoring slip. After that, the representative gave me a workbook. The representative said to ’start from anywhere in the book as long as I get in at least one to two hours’ on the days that the representative specified.” 6. "I have worked a couple of times with a…man in the cafeteria after school. The person forged my signature a couple of times. I have never worked with Boost Academy. I remember signing a paper once or twice but I can tell that my signature has been forged.” On the dates listed on the student’s sign-in sheet, the student was out of town. 7. “The paper that I was shown had my name signed on it, but the signature is not in my handwriting. I wrote my name on the top of the paper, but the person I gave my name to did not come to my house and give me tutoring. I did not sign my name all the other times and I did not write in the times.” 8. A number of sign-in sheets named Adam Flores, as the tutor. Mr. Flores is a tutor for the Provider. However, upon his inspection, Mr. Flores wrote on the document that the signature was not his. Conclusion for 1 to 1 Boost Academy Boost Academy falsified information on students’ tutoring sign-in attendance sheets and submitted the falsified information to the district for the purposes of payment for tutoring services that were not provided to the students. Corrective Action for Boost Academy Category of Violation(s): Category 2: Systemic Under the agency’s Standards and Mechanism for the Removal of SES Providers, the Provider’s violations are systemic.

Texas Education Agency | NCLB / SES Complaint Investigation

TEA Final Resolution Letter San Antonio Independent School District
Boost Academy | Avenue Academy | Diverse Links | Wise Links Variations Educational Services | Education Advantage! | 1 to 1 Computer Tutoring

Page 15

1. The district must report the agency’s investigative findings at the next public meeting of the district’s Board of Trustees, as a board agenda item. 2. The district must reassign all students subject to the falsified documents from the Provider to another provider of the parent’s choice. The district must contact each of the parents to allow the parents to select the SES provider(s) of their choice. NOTE: The agency removed Boost Academy from the State-approved SES Provider List on March 11, 2013, for falsifying their tax identification number on the state’s SES Application.

Wise Links 1. The district submitted six (6) sign-in sheets and invoicing documentation. 2. On February 8, 2013, the district notified the Provider that it had "received complaints based upon verifiable evidence Wise Link submitted falsified payment documents for tutoring services." The district's "preliminary investigation revealed either services had not been rendered at all or services that had been rendered were not performed on the dates or times specified on the documents submitted by Wise Link for payment." Sample Student Statements and Sign-in Sheets 3. "I’ve not gone to any tutoring by the Family Dollar, but I did get the tablet. One day before Christmas, Ms. Martinez gave me this sheet to fill out in class so I can get the tablet… I went to the church park to pick up the tablet, but I have not gone to any tutoring." 4. "Ms. Velasquez gave me the sheet to fill out in her classroom so I could start tutoring. I have never gone to tutoring by the Family Dollar…I have not received the tablet." 5. "Ms. Martinez gave me the sheet in class to fill out so I could get may tablet to start tutoring. Then, I heard from a friend that I could pick up my table after school… [at] the Family Dollar. The next day I start tutoring and I went for three days.” 6. “I have not gone to any tutoring after school. Before Christmas, I was told in one of my classrooms to go see Ms. Martinez. When I got there Ms. Martinez gave me the sheet to fill out so I could get the tablet. A few days later, Ms. Campos brought me my tablet." 7. “Sometime in January, Ms. Martinez gave me the sheet during 7th period in her classroom and told me to fill it out so I could [receive] tutoring. I went to tutoring at the Family Dollar about four (4) times and they gave me the tablet on my second session.” 8. "I have not gone to any after school tutoring by the Family Dollar but I did go one day to get my tablet. Ms. Martinez told us at school to go to the church park and pick up the tablets. When I got there she gave me the sheet to fill out. I filled out everything but not the dates."

Texas Education Agency | NCLB / SES Complaint Investigation

TEA Final Resolution Letter San Antonio Independent School District
Boost Academy | Avenue Academy | Diverse Links | Wise Links Variations Educational Services | Education Advantage! | 1 to 1 Computer Tutoring

Page 16

Conclusion for Wise Academy Wise Academy falsified information on students’ tutoring sign-in attendance sheets and submitted the falsified information to the district for the purposes of payment for tutoring services that were not provided to the students. Corrective Action for Wise Academy Category of Violation(s): Category 2: Systemic | Probation (6 months) Under the agency’s Standards and Mechanism for the Removal of SES Providers, the Provider’s violations are systemic. The probation period will be for six (6) consecutive months. A single instance of noncompliance found by TEA during the probation period will elevate the provider to Category 1 for immediate removal. 1. The district must report the agency’s investigative findings at the next public meeting of the district’s Board of Trustees, as a board agenda item. 2. The district must reassign all students subject to the falsified documents from the Provider to another provider of the parent’s choice. The district must contact each of the parents to allow the parents to select the SES provider(s) of their choice. 3. The Provider must provide the district a full and current list of its employees with date of births and any other identifiers necessary for the district to verify that the Provider’s representatives, tutors, and recruiters met the district’s fingerprinting and criminal history record review as required by state law and the state SES application.

Variations Educational Services

1. On January 29, 2013, the district notified Variations of a complaint from a student at Rhodes Middle School who stated that tutoring had not started. In addition, the student was able to demonstrate that the signature on the document was not the student’s signature. The district spoke to the other students at Rhodes Middle School for whom time-sheets were submitted in December 2012. The students stated that they did not receive tutoring and indicated that the signatures on the attendance/time sheets were not the signatures of the students. Further, the district wrote to the Provider, "We would appreciate if you would investigate this matter from your end as well and let us know what you find by this afternoon. Please be advised that falsification of documentation and forgery are a violation of your contract with [the district] and, if substantiated, may lead to the cancellation of your contract." 2. On January 29, 2013, Variations acknowledged receipt of the district's notice.

Texas Education Agency | NCLB / SES Complaint Investigation

TEA Final Resolution Letter San Antonio Independent School District
Boost Academy | Avenue Academy | Diverse Links | Wise Links Variations Educational Services | Education Advantage! | 1 to 1 Computer Tutoring

Page 17

3. The district submitted written statements from eight (8) students who attend Rogers Middle School and Rhodes Middle School. The students wrote their statements on February 6, 2013, January 28, 2013, and some statements are undated. 4. In response to the district's complaint, Variations' attorney, Mr. Thomas S. Harmon, stated that Variations "turned over attendance records to the [district], reviewed other records submitted to them by their tutors, conducted their own interviews, and revamped their procedures to address the problem." Variations "determined after the review permitted thus far, that two individuals failed to follow instructions from Variations in their dealings with affected students. These individuals have been terminated from their employment with Variations... "Their errors have damaged Variations as well, due to the revenue it will lose, as well as the loss of upfront program costs." 5. Variations refutes the district's investigation because the witness statements "don't recite an incident date or location, and none describe the name of the SES provider." In addition, because the statements reviewed by Variations concern Rogers Middle School, "which suggests the problem was localized, as opposed to systemic." Variations said the statements students made are "innocuous" or "non-supportive" of any accusations. 6. Variations commented on the students' statements as follows: S1 "got a tablet but didn't start tutoring for three months because [the tutor] was tutoring different people.” Variations commented, “at least other students were getting tutored, evidence again in favor of our client." S2 said the “tablet had broken and …completed two lessons.” Variations commented, “That alone doesn't indicate tutoring couldn't be or wasn't performed." S3 stated "'don't (sic) need tutoring.” Variations commented, “Though [the student’s] grammar suggests otherwise. The disinterest might, however, suggest a motivation to avoid tutoring even if offered or provided." 7. In his affidavit, signed on March 8, 2013, in the State of Maryland, Mr. Onyinye Agwuna, the director of Variations, stated, "Beginning November 2012, Variations provided tutoring services to students within the District. A total of four tutors were employed for this purpose. Our records show that at least fifty-eight students were tutored between October, 2012 and January, 2013." 8. Mr. Agwuna wrote, "The first time we received any complaint about the tutoring services being provided was on January 24, 2013, when we received a phone call from a parent complaining that the student had not started her tutoring sessions. On January 25, 2013 two Variations representative went to the complainant's home to orient the student on our online tutoring program pending assignment of a live tutor. On January 29, 2013, Variations received an e-mail from a District representative indicating a "student had not received any tutoring and claiming that a signature on a document was not [the student’s signature]."

Texas Education Agency | NCLB / SES Complaint Investigation

TEA Final Resolution Letter San Antonio Independent School District
Boost Academy | Avenue Academy | Diverse Links | Wise Links Variations Educational Services | Education Advantage! | 1 to 1 Computer Tutoring

Page 18

9. Mr. Agwuna further explained, "I would also note in defense of the allegations that some interactions with the students were online, through the utilization of the tablets which we had given them to monitor their studies. Many times students or their parents would request that we not conduct live tutoring because they prefer online tutoring as it is more convenient." 10. Variations indicates that it has taken the following corrective actions: a. Variations stated, "The site coordinator whose responsibility it was to ensure that the documents in question were complete and accurate has been terminated from employment with Variations." b. Variations indicates that "the billings specialist who was responsible for reviewing and validating the invoices substantiating documents received from the site coordinators has also been terminated from employment with Variations. To prevent a similar occurrence in the future, we will be calling parents to verify hours that have been submitted by the tutors and reviewing on a company-wide basis all student records to ensure that each student has the required documentation, such as a parent consent form, a learning tool receipt form and attendance sheet, etc." c. In addition, "Going forward, all invoices are now input by the office manager and reviewed by a director prior to submission to the District." 11. Finally, Variations stated that they "have also viewed and are willing to revise invoices relating to those situations where the tutoring was suspect, but need to be able to talk with the students and the parents to corroborate records that were obtained by Variations that indicate tutoring timeframes on the part of Variations' staff. Otherwise, we risk assuming too much or too little in favor of Variations or the District. Any credits or offsets that result may then be used as an offset against amounts still owed to Variations." 12. The district's investigation was prompted by a student complaint in January 2013. The evidence provided by the district included Variation's student attendance sign-in sheets that were submitted to the district for payment and written statements from students. Student statements 13. The student indicated that tablet was received and several tests were completed during the Christmas break. The man who gave the student the tablet visited the student to ask how many tests the student completed. Then, "a woman" came to visit the student to ask how the tutorial sessions were coming. The student told the woman that tutoring had not been provided. The woman informed the student that a tutor would come on Saturday. 14. The student indicated that tutoring had not been received from Variations and stated that the signature was not that of the student.

Texas Education Agency | NCLB / SES Complaint Investigation

TEA Final Resolution Letter San Antonio Independent School District
Boost Academy | Avenue Academy | Diverse Links | Wise Links Variations Educational Services | Education Advantage! | 1 to 1 Computer Tutoring

Page 19

15. “I never heard of this program. I don't know what's happening…that is not my signature [because] I don't even know how to right cursive. I'm 100% percent sure I didn't sign up for that…and as you can see that's not my handwriting. I've never gotten help.” 16. “I received the tablet in October 2012, but I did not receive tutoring in December 2012. I didn't write my name at the bottom of the paper. It's not my signature.” 17. “I never signed up for Variations Educational Services. That is not even my signature. I do not even know how to write in cursive but my mom signed me up for tutoring but with a different group called Tutors with Computers, but they are saying that I am not signed up with them for some reason. When I know that they came to my house to sign me up with Tutors with Computers.” 18. “I received my tablet on Sunday, February 3, 2013. I started tutoring already. I am not sure if I signed the paper.” The student indicated that tutoring was not received in December 2012. 19. “My [parent] signed me up for Variations and [Variations] never called me to do the tutoring.” The student called Variations’ representative and asked when the tutoring was to begin. The representative told the student that tutoring would begin in a week. “Then they never called me back.” The teacher showed me the signature and it was not mine.” The student received the tablet but was not tutored. 20. The agency reviewed Variations' "Student Attendance Record" (sign in sheets) used to report the students' tutoring hours to the district for payment. The hours ranged from one hour to 12 hours and 45 minutes. 21. The agency finds that Variations reported that each of the students (subject to this investigation) received tutoring in December 2012 and Variations attempted to submit the documentation to the district for payment of their services. 22. The agency finds that not all student signatures on Variations' sign-in sheets matched the student signatures on their written statements. This investigation could not determine who signed the student's name on Variations' student attendance forms or when. The district interviewed the students subject to this investigation. The agency determined it was not necessary to re-interview each student due to the receipt of written statements. The agency does not find a reason to question the authenticity of the written statements or discredit the students’ statements or signatures. 23. The tutors named on the students' attendance records are: (1) Ifeoma Ebede, (2) Sabbath Obot, and (3) Eloke Okonkwo. Conclusion for Variations Variations falsified information on students’ tutoring sign-in attendance sheets and submitted the falsified information to the district for the purposes of payment for tutoring services that were not provided to the students.

Texas Education Agency | NCLB / SES Complaint Investigation

TEA Final Resolution Letter San Antonio Independent School District
Boost Academy | Avenue Academy | Diverse Links | Wise Links Variations Educational Services | Education Advantage! | 1 to 1 Computer Tutoring

Page 20

Corrective Action for Variations Category of Violation(s): Category 2: Systemic | Probation (6 months) Under the agency’s Standards and Mechanism for the Removal of SES Providers, the Provider’s violations are systemic. The probation period will be for six (6) consecutive months. A single instance of noncompliance found by TEA during the probation period will elevate the provider to Category 1 for immediate removal. 1. The district must report the agency’s investigative findings at the next public meeting of the district’s Board of Trustees, as a board agenda item. 2. The district must reassign all students subject to the falsified documents from the Provider to another provider of the parent’s choice. The district must contact each of the parents to allow the parents to select the SES provider(s) of their choice. 3. The Provider must provide the district a full and current list of its employees with date of births and any other identifiers necessary for the district to verify that the Provider’s representatives, tutors, recruiters met the district’s fingerprinting and criminal history record review as required by state law and the state SES application. Applicable Regulations are included as an enclosure/attachment. The TEA will carefully monitor the SES providers that are placed on probationary status. The probationary statuses are a result of f the number of students involved and the fact that the SES providers failed to (1) monitor the provision of SES by their employees and representatives, (2) identify and self-report their findings to the district, and (3) take immediate corrective actions. Should the TEA substantiate another complaint concerning any provider on probation, the TEA will apply the Standards for Removal criteria and may remove the provider from the Stateapproved SES Provider List. Invoicing / payment disputes are contractual matters. The TEA does not have jurisdiction and authority to resolve such disputes between the district and Provider. Appeal of TEA’s Decision The TEA’s decision is final and there is no administrative appeal at TEA. The district or any provider may appeal this decision to the Secretary of Education, U.S. Department of Education. The TEA will consider these findings in the selection of providers for the next SES application year. This concludes TEA’s state-level investigation. Should you have any questions, please contact the TEA or Texas Center for District and School Support (TCDSS).

Texas Education Agency | NCLB / SES Complaint Investigation

TEA Final Resolution Letter San Antonio Independent School District
Boost Academy | Avenue Academy | Diverse Links | Wise Links Variations Educational Services | Education Advantage! | 1 to 1 Computer Tutoring

Page 21

Referral to Other Agencies The San Antonio Independent School District and the TEA referred this complaint to the U.S. Department of Education’s Office of Inspector General (ED/OIG). Therefore, this investigation report will be provided to ED/OIG. Contacts
TEA Investigations TEA SES Program TEA SES Program TCDSS Assistance Emi Johnson Becca Marsh Leticia Govea Brandon Spenrath 512.463.9342 512.936.2256 512.463.1427 512.919.5169 [email protected] [email protected] [email protected]. [email protected]

Respectfully,

Emi Johnson, Director Special Investigations Enclosure(s): Courtesy Copy: U.S. Department of Education, Office of Inspector General, Dallas, TX Chief Deputy and Deputy Commissioners’ Office, TEA Accreditation Department, TEA School Improvement and Support Division, TEA TCDSS, Region XIII Education Service Center Applicable Requirements

Texas Education Agency | NCLB / SES Complaint Investigation

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