Second Stakeholders Meeting for Amendment to Sindh PPP Act 2010 and Review of AAS Program

1. Second Stakeholders Meeting for Amendment to Sindh PPP Act 2010 and Review of AAS Program Facilitated by BaelaRaza Jamil-ITA- Technical Adviser (honorary) and Reform Support Unit (RSU) November 25, 2013

2. Under Performing Schools of Sindh Low Performing Government Schools Functional =41,697 –Closed 5697 - SEMIS Poor Facilities Low Learning Outcomes Poor Governance Low Enrolment Response i. Improving Systems and Performance of E&LD ii. Expanding Partnerships(PPPs) for Systemic Improvement for Quality, Equity & Access (ECE to Secondary levels)

3. National & Sindh Education Profile (ECE,Primary & Middle) • Table : GER ECE< NER Primary, NER Middle PSLMs 2011-2012

4. Key Indicators Sindh- Where we are and Where we want to be? 83% Govt. ? Teacher presence Baseline 2018 60% Govt. ? Student attendance Baseline 2018 Toilet 48 % Water 56 % B.Wall 65 % ? Functioning facilities Baseline 2018 59% OVERALL ? Enrolment (6-10 years) 2018 SOURCE: PSLMs 2011-12

5. Sub-Optimal Public Sector Schools • Low learning outcomes • Insufficient and Poor Facilities • Poor Governance • Low enrolment (esp. girls) • 91% Primary Schools • 5% Middle Schools • 3% Second. Schools • .3% Higher Sec.Schools • Low transition rates PPPs - mostly with partners’ funds PPPs- with Government Funds Lo- autonomy for Partners in: Management Hi - Autonomy for Partners in: Recruitment; transfers; Changes in systems Management; Recruitment /transfers Minimal Transfer of resources (SMCs only) Changes in systems Partners bringing in resources Transfer of Govt. Resources Hi to Lo Accountability – performance Hi Accountability – Performance Hi- Autonomy Hi Responsiblity LO- Autonomy Hi Responsiblity Continuum of PPPs – Low to High in Sindh Adopt a School Sch. Imp. Partnerships School Consolidation Sindh Educ. Foundation NGOs/Donors through E&LD RSU/Partnerships- SEF as Tech. Facilitator + AAS program Types of PPPs for School Improvement One off” Partnerships Based on Powerful linkages SMB- IRC Khairpur Endowments Not scalable More autonomous models Financial transfers from govt. to partners Under PPP Act 2010 AAS-Charters/ Academies

6. AAS Agreement SEF 2012 – Key Actors Provincial Govt. E&LD Director –Division DEO- District Adopter Duration Up to 10 years Performance based Exit with 3 months notice

7. Suggestions to Improve Agreement for AAS Parts of the Agreement Suggestions for Amendment Part I: needs to have terms amended and defined viz. ‘upgrade”, means something specific as education vocabulary; Schools will be “developed” by the adopter needs to be defined as a menu of options AAS- Objective is improving student learning outcomes through SDP-.may need to be rephrased /elaborated - Part II. 1.1-1.4. Govt. provincial: all strategic tasks assigned to the province whereas the school may be very distant – some reworking is needed with strategic principles assigned and closer district level responsibilities –1.1 SDP is not the driver of capital expenditure – only minor op-ex ones- so a rethink there too; 1.2 amend ‘the adopter is ‘allowed entry to government schools’ – it is a defensive statement, -the tone and wording must change in an official government’s scheme 2.1 gives the impression that Supervisor /ADEO are off the hook so reword this sentence too 2.2 Have the SMC rules been amended to ensure that “adopted schools have a Patron’ if not this may be important to amend too 2.10- can be done in the rules for 25 A Sindh Compulosry Free Education Act 2013 3.1-3.3 Some of the operational responsibilities be reassigned to district level from 1.1-.to-1.4 (Provincial) 4.1-4.9 SEF is a technical facilitator of many important areas – Part III – 5.1 Steering Committee does not have Special Secretary (schools) and not the relevant Director /Division and DEOs. From the districts where schools are adopted . 5.4 should read as Coordinator AAS- SEF and the District E&LD Signatures to include: Adopter; Director of Schools; EDO/DEO’ SEF and Special Secretary and Secretary E&LD s • AAS Agreement has 4 parts • Part I (Pg. 1) relates to the parties and the preamble stating the purpose of adoption and the specific school with SEMIS code • Part II about the ’obligations’ of the a) Govt. b) Adopter, c)District Govt. (as enabler) and d) SEF(facilitator) • Part III about the composition and purpose of the Steering Committee and duration of the agreement • Part IV covers Indemnification (of Govt. E&LD) for loss or damage and Responsibility of the adopter not to assign any part of the agreement to a ‘third party”

8. Suggestions on Institutional Modalities • School Improvement Programs through a variety of PPPs • AAS – through SEF, District E&LD;Provincial E&LD • SIP through NGOs/INGOs/Donors through E&LD • Special SIPs – with other modalities through E&LD- • Institutional Modalities – • A) SEF -RSU (SEMIS) with other line depts. • B) RSU & E&LD • C) PPP Node in the E&LD working with RSU to engage with the PPP unit if needed with transparent and responsive mechanisms in place. • PPP Node establishment a must within E&LD for implementation of the PPP Act 2010 • SEF M.D’s strong advice for a coherent modality with Govt. in the driving seat- SEF seeks to continue with the AAS with buy in from partners/donors to upgrade more govt. schools at each level and expansion beyond Karachi (annex SEF Note on AAS recommendations) Decisions at Stakeholders 2nd meeting November 25 2013 • SEF AAS to remain with goodwill and confidence of adopters; why shift a good practice – improve it. • EFS- a section 42 Company may step into other/new School Improvement Programs (SIP) through PPPs (UK 40 mill. facility) • Draft Policy for AAS to be designed for consideration – flexible and accountable • Agreement of AAS to be amended as more proactive – balanced; increased responsibility of district office • Small AAS schemes can be stand alone and not be part of the PPP Act 2010 – larger programs of AAS – above a certain funding ceiling may qualify or chose to be part of the PPP Act • Innovative programs of adopters to be considered and shared across SEF and PPP Node in E&LD for PPP Act 2010

9. Definition of PPPs in the PPP Act 2010 “A partnership carried out under a Public-Private Partnership Agreement between the public sector represented by an Agency and a private party for the provision of an infrastructure facility, management functions and / or service with a clear allocation of risks between the two parties” Task: To align and amend the PPP Act 2010 with the definition above- servicesmarginalized in a largely infrastructure driven act with a bias towards mega projects PPP Act 2010 Proposed Amendments 2nd meeting of Stakeholders November 25th 2013

10. PPP Act-Policy- Governance, Institutional & Financial Arrangements

11. PPP Unit- a happening Unit!http://www.pppunitsindh.gov.pk • Legal Framework • Law- Policy – (Rules) • Institutional Framework • PPP Unit/ Finance-Dept. • PPP Node- Line Depts. • Regulatory Framework • PPP Board • Financial Support • Project Development Facility (PDF) Fund • Viability Gap Fund (VGF) • VGF Guidelines- Sindh • 4.6 (p.9): VGF can be financed through the budgets, gifts, grants, transfers or by any other means the Finance Dept. deems appropriate - • some donors can provide grants for VGF • Projects under PPP Act 2010 • 2 operational rest in pipeline • Hyderabad MirpurKhas Dual Carriageway (HMDC) Project • JhirkMullaKatiar Bridge and Link Road • NICH Safety & Security • Sindh Nooriabad Power Project • Run-of-the-River Hydro Power Project at Rohri Canal RD-15 • Karachi Thatta Dual Carriageway • Food Storage - Silos • Five (5) 20MW Solar Power Projects • Existing Gas Based Power Projects • Bus Rapid Transit System (BRTS) Karachi • KhairpurKhajoorMandi (KKM) Project • Hyderabad Tando Muhammad Khan (HTMK) Dual Carriageway

12. PPP Act 2010- Comprises • Chapter I: Preliminary • Chapter II: Organizational Framework • Chapter III: Project Delivery Process • Chapter IV: Procurement • Chapter V: Finance • Chapter VI: Other Issues • Schedule I

13. “Services” as defined to be consistently added to the PPP Act 2010 for amendment • Definition Proposed and Finalized by Stakeholders • Service means “any of professional activities concerning imparting of public benefits in publicly owned institution/facility and/or programme related or ancillary to the objective of that facility (s) and institution (s) (as per list in Schedule 1) . • AmimaSaiyid- TRC/PCE and Naveed Sheikh

14. Amendments Proposed A. Add services as agreed and defined by stakeholders throughout the Act where deemed appropriate - to be considered by the Board /Law Dept. B. Chapter I – Preliminary – Definitions: clauses to be considered for amendments p) Local Govt. reference to be updated t) Add services after infrastructure x) ..community facilities and services for improving access, quality and equity After z) insert and reorder alphabets aa) “Service” means any of professional activities concerning imparting of public benefits in publicly owned institution/ facility and/or programme related or ancillary to the objective of that facility (s) and institution (s)- as per list in Schedule I bb) Sindh Public Procurement Rules cc) “Viability Gap Fund” means the funds from the Government which are made available to the private party to cover revenue and human resource/capacity/materials shortfalls where the users or beneficiaries are not required to pay for socio-economic benefits through grants, subsidies or guarantees;

15. Amendments cont... • C. Suggestions on the Board-Governance • 1. The composition is not balanced to reflect PPPs in true spirit; majority members from public sector headed by the CM • 2. CM may be over-worked political representative with potential conflict of interest • 3. Instead of the CM, CS to select the 3 Private sector members and sector specialist • 4. Private sector and sector specialists must be represented with the right generic profiles across all sectors- especially social sectors • D. Chapt 3 PROJECT DELIVERY PROCESS Article 16 – (3) The draft Public-Private Partnership Agreement shall include but not be limited to the following provisions, as applicable: • An additional clause be added after XXI • XXII: Type and amount of service relevant to the sector ensuring baseline, midterm and end of term target/s assessment for outcomes based performance

16. E: Schedule 1 Proposed additional sectors see sections 2 (j) ] INFRASTRUCTURE & SERVICE SECTORS Canals or dams; Education –(Pre-School to Higher Sec. level 1-12 , non-formal and Higher/tertiary Education) ; (TVET already including in STEVTA Law) Special Education Health facilities; Housing; Information technology; Land reclamation; Power generation facilities; including Coal and power generation Roads (provincial highways, district roads, bridges or bypasses); Sewerage or drainage; Solid waste management; Sports or recreational infrastructure, public gardens or parks; • Trade fairs, or cultural centers; • Tourism and Resort Development • Urban transport including mass transit or bus terminals; • Water supply or sanitation, treatment or distribution; and • Wholesale markets, warehouses, slaughter houses or cold storages.

17. PPP Act 2010 Amendments to be aligned to the Elaborate – Institutional /Governance Arrangements • Amendments proposed in the PPP Act 2010 would have to be reviewed by legal experts and reflected in all its support documents/facilities viz. • PPP Policy 2011 • PPP Board • Viability Gap Fund (VGF) • Project Development Facility – Fund- • PPP Node and Project Implementation Unit (PIU) TORs Routing of Amendments proposed : a) cleared through the Law dept. and b) presented to the PPP Board formally–

18. What Impact are We Looking for from PPPs? • This needs to be elaborated by : • Sub-sector • Types of Services • Key Indicators • Must have appropriate institutional support and mechanisms –for implementation • Must be performance and accountability oriented which can be measured and shared publicly

19. Impact & Outcome • More Children in Schools • More Children persisting in schools • More Children learning well .. With measurable outcomes

20. Journey towards Higher Outcomes through PPPs Higher enrolment Children not in school Higher attendance Low Attendance Teacher presence Poor teaching Facilities improved- expaned Insufficient facilities Quality Improved –Higher Learning outcomes Low level of learning http://www.globalpost.com/sites/default/files/imagecache/gp3_full_article/photogallery/gallery_1763684/Pakistan_06_02_09_Stuteville_InsidePoorGovtSchool_EDIT.jpg

21. Next Steps – Final Meeting and Presentation to the Minister /CS/ACS Key Steps Decided 1. Outcomes /amendments presented to the Minister/ CS and ACS by stakeholders after review by legal experts 2. Draft Policy on AAS and Agreement presented 3. Other school improvement schemes through PPPs be considered for implementation under EFS a UK Sterling 40 million project funded by DFID

22. List of All Stakeholders • Adopters – Gen (rtd.) Moin Uddin Haider ; • AKU-IED • The British Council • Education Fund for Sindh (EFS) • E&LD - Special Secretary Schools • FPCCI-TEF • HANDS • IRC • ITA • PPP Unit • Finance Department • RSU • Sindh Education Foundation • SZABIST • TRC • UNICEF • USAID and its projects

23. Thank you Thank you

24. Viability Gap Fund (VGF) Guidelines 2012– Sindh • 2.1The VGF will provide the funds for those projects approved by the Government that are economically viable but financially unviable. The funds shall be disbursed to the private sector operator/ project company which has been contracted to carry out the project under any PPP variants mentioned in the Sindh PPP Act, 2010. • 2.2 The VGF will therefore cover all of the contractual payment where the users or beneficiaries are not required to pay. Alternatively, the VGF will pay the difference between the contractual payment necessary for the Developer to recover his costs and to meet his agreed return on investment and the estimated amount that will be recovered from the users. This will entice the interest of the private sector in important public infrastructure projects as they will be satisfied that there are sufficient funds to allow successful project implementation. It will also provide the necessary reassurance to the lenders of the project company by enhancing the creditworthiness of the project. • ( Dept of Finance GoSindh: p. 6) 4.6 (p.9): VGF can be financed through the budgets, gifts, grants, transfers or by any other means the Finance Dept. deems appropriate - some donors can provide grants for VGF