Revised%20YouthCare%20Contract%2024-25%20for%20Board.pdf

Parent document: Regular Board Meeting-09-25-2024.pdf

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SCHOOL DISTRICT/NON-PUBLIC AGENCY AGREEMENT
FOR SPECIAL EDUCATIONAL SERVICES FOR STUDENTS WITH DISABILITIES

This agreement is made and entered into between the
MERIDIAN SCHOOL DISTRICT (hereinafter referred to as the "District")
and Youth Care of Utah, Inc. (hereinafter referred to as the "Agency”")
Student: XXXXXXX DOB: XX/XX/XXXX
In consideration of the promises and conditions contained herein, District and Agency do mutually
agree as follows:

I. PURPOSE AND OBJECTIVE

The general purpose and objective of this agreement is to provide Special Education services
pursuant to Chapter 392-172A WAC for students of the District who have been found to be eligible
for special education and who require services from a nonpublic agency in order to receive a free
appropriate public education.

Il. OBLIGATION OF THE PARTIES TO THIS AGREEMENT

A. DUTIES OF AGENCY

In order to accomplish the general objective of this agreement, the Agency shall perform the
following specific duties:

1. Provide a program and curriculum design that will be offered to each student to enable them to
progress toward the goals of their IEPs as to the satisfaction of the District. This includes all

special education and related services and any other necessary services agreed to by the parties.

2. Provide, in accordance with Chapter 392-172A WAC, student learning activities, including the
assessment and prescriptive functions leading to those activities.

3. Provide the supervision and support of students under the direction of certificated staff members
for each learning activity and record data gathered during the monitoring of student performance.

4. Provide evaluation of all learning activities and produce quarterly or trimester reports of student
progress which correspond to the District's reporting calendar.

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10.

11.

12.

13.

14.

15.

16.

17.

18.

Develop and operate an accountability program to monitor attendance, specify behavior
standards, and describe methods by which behavior problems will be addressed.

Select and provide learning resources congruent with numbers one (1) and two (2) above for
student programs.

Design, develop and maintain program master records for each student and provide a record of
student progress as described in number four (4) above.

Notify the District of the possible need for screening and evaluation of students who may need
a revised IEP or additional services.

Notify the District prior to all meetings with parent(s) of students in order to facilitate District
attendance at said meeting, if deemed necessary by the District.

Provide adequate insurance to cover the operation described herein.
Describe and operate a program to ensure the health and safety of each student.

Provide a facility that meets the minimum state and local requirements for health and fire safety
and is acceptable to the District.

Ensure students engaged in work study or community services programs, which are supervised
by Agency, meet the criteria established by District in order to receive school credit.

Ensure each full-time student averages a minimum of one contract hour per day with a
certificated teacher plus Agency supervision for the remaining hours per day. Certificated
instruction time shall not exceed thirty (30) hours per week per student.

Contact District with plan for improved attendance if student attendance is ten (10) days or less
per month.

Maintain Non-Public Agency approval by the Washington State Office of the Superintendent of
Public Instruction ("OSPI"). The Agency shall also maintain compliance with all assurances
required by the OSPI for the length of this contract.

Provide staff that meet and maintain Washington State certification and any State licenses
required for practice. This includes requirements under WAC 392-172A-04085.

Provide a report of any behavioral incidents which occur at the location of the Agency and which

are reported to the law enforcement jurisdiction within which the Agency is located and/or to
CPS.

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19.

20.

21.

22.

23.

Comply with applicable state and federal requirements for Special Education under the
supervision of the District.

Ensure compliance with RCW 28A.400.330, which prohibits any employee or agent of the
Agency from having contact with children under the District's supervision if the individual pled
guilty to or has been convicted of any felony crime against children or adults. Any failure to
comply with this section shall be grounds for the District to immediately terminate this
Agreement.

Comply with those requirements applicable to entities contracted to provide instruction to
students as enumerated in WAC 392-121-188. Agency will maintain, and make available for
audit or review by the District, documentation of enrollment, hours of instructional activity
participated in by the students, personnel data, and financial data including all revenues and
expenditures pertaining to the contract with the District.

The Agency will submit all instances of Restraint or Isolation for the above-named student by
the final day of each month, per WAC 392-172A-04085.

The Agency will notify the school district and OSPI of any program changes within the agency
that may affect the agency’s ability to contract or any complaints against the agency regarding
services to student eligible for special education services.

B. DUTIES OF THE DISTRICT

In consideration of Agency's satisfactory performance of the duties set forth herein, District shall
compensate and/or reimburse the expenses of the Agency as follows:

I. The Agency shall be compensated at an average daily rate of $770 during the period of
September 1, 2024, through August 31, 2025, Total contractual amount will not exceed
$285,000. Tuition for students attending five (5) days or less per month will be prorated. The District
will provide the Agency with a memo for each student which will specify the amount(s), type(s),
and costs of related services for which the District will provide payment.

2.

3s

There will be no reimbursement for travel or per diem.
All payments of compensation and expenses to Agency shall be conditioned upon Agency's:

a. Submission of detailed vouchers which support the services that have been rendered,
or expenses incurred, for which payment is requested; and

b. Performance to the satisfaction of District's designee; PROVIDED, that approval shall
not be unreasonably withheld.

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4. Except as expressly agreed upon as part of the student's IEP as a District expense, or as
expressly provided herein, all expenses necessary to the Agency's satisfactory performance of
this agreement shall be borne in full by the Agency.

5. Any date specified herein for payment(s) to Agency shall be considered extended as necessary
to process and deliver a warrant for the amount(s).

6. The District remains responsible for compliance with due process, IEP development, annual
review and the determination of all services and placements. The District will contact the
Agency 60 days prior to the expiration of a student IEP to set the possible dates for the IEP
meeting. The District will send the parent notice of any IEP meeting prior to the IEP meeting.

7. The District will work with the Agency to support the completion of the student’s High School
and Beyond Plan to ensure compliance with WAC 192-172A.

Tl. OWNERSHIP OF WORK PRODUCTS AND RESTRICTION AGAINST
DISSEMINATION

A copy of all correspondence, papers, documents, reports, and any other student educational
records, which are received or developed by Agency and Agency's employee(s) and agent(s) in the
course of performing, or as an incident thereto, Agency's duties pursuant to this agreement shall be
presented to the District upon request or the termination of this agreement.

The Agency and Agency's employee(s) and agent(s) shall comply with the confidentiality
requirements applicable to the student record information, such as the federal Family Educational
Rights and Privacy Act (FERPA), during the term of this agreement and at any time thereafter. The
Agency will also cooperate with any requests by the District that are necessary to facilitate the
District's compliance with FERPA.

All work, papers, and drawings produced by student, and conduct exhibited by student while
receiving instruction from Agency, shall remain confidential. Information related to a pupil's
conduct and/or class work shall not be released to any third party without written approval of the
District, parent/guardian, or adult student, unless necessary to comply with law.

IV. INDEPENDENT CONTRACTOR STATUS OF AGENCY

It is specifically understood Agency, including its employee(s) and agent(s), is an independent
contractor. District shall not be responsible for withholding or paying of any taxes on behalf of
Agency or Agency's employee(s) or agent(s).

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V.

VI.

VI.

TERMINATIONS

This agreement may be terminated by either party, at any time, with or without reason, upon written
notification of not less than ten (10) days thereof to the other party. The notice shall specify the date
of termination and shall be conclusively deemed to have been delivered to and received by either
party as of midnight of the second day following the date of the posting in the United States mail,
addressed as first noted herein, or to such other address as is advised in writing, in the absence of
proof of actual delivery to a receipt by either party by mail or other means at an earlier date or time.

In the event of termination, the District or Agency shall be entitled to an equitable proration of the
total compensation provided for herein for uncompensated services which have been performed as
of termination, and to the reimbursement of expenses incurred as of termination but solely to the
extent such expenses are reimbursable pursuant to the provisions of this agreement.

COMPLIANCE WITH LAWS-NON-DISCRIMINATION

The Agency shall comply with all applicable laws, ordinances, regulations and codes of the federal
and state governments, and the Agency agrees that no individual shall be excluded from
participation in, denied the benefits of, subjected to discrimination under, or denied employment in
the administration of or in connection with any aspect of this Agreement because of sex, race, creed,
religion, color, national origin, age, veteran or military status, sexual orientation, gender expression
or identity, disability, or the use of a trained dog guide or service animal by a person with a disability.
The parties agree to abide by the standards of responsibility toward the disabled as specified by the
Americans with Disabilities Act and Washington Law Against Discrimination. In the event that one
of the parties hereto refuses to comply with the above provision, this Agreement may be canceled,
terminated, or suspended in whole or in part by the other party.

CRIMINAL RECORDS CHECK/FINGERPRINTING REQUIREMENT

Every Agency employee, volunteer, and contractor with potentially unsupervised access to
district students is required to submit to a criminal history background check, through both the
Utah state system and the national database maintained by the Federal Bureau of Investigation
(FBI), prior to working with district students pursuant to RCW 28A.400.303 and RCW
43.43.834-838. The criminal history background check (including fingerprinting) must be paid
for by the Agency. The Agency will verify that the District's Human Resources Department
has received a physical copy of a background check run for each employee, volunteer, or
community partner to confirm that the work with District students is consistent with the
District’ s policies, procedures, and practices.

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Any failure to comply with this section shall be grounds for the District to immediately terminate
this Agreement.

VII. REPORTING OBLIGATIONS OF AGENCY UNDER CHAPTER 26.44 RCW.

The Agency understands and acknowledges that while working with District students in the

provision of services or activities governed under this Agreement, any employees, volunteers,

contractors, and community partners of the Agency are expected by the District to report suspected

abuse or neglect of any child under the age of 18 pursuant to the provisions of Chapter 26.44 RCW.

The Agency acknowledges that each supervising adult working in the Agency's employ is aware of
the reporting requirements under chapter 26.44 RCW and Meridian School District Board Policy

3421.

The Agency further certifies that it will train its employees about this obligation before the Agency's
employees begin providing services or activities. All reports to law enforcement agencies made by
the Agency under this provision shall also be made simultaneously to the District's Executive
Director for Special Education.

IX. MAINTAINING PROFESSIONAL BOUNDARIES

Every Agency employee, volunteer, and contractor involved in providing services or activities
under this Agreement will abide by the provisions of District Policy 5253, "Maintaining
Professional Boundaries", and the implementing procedures of 5253P.

X. CONFIDENTIAL STUDENT INFORMATION: FERPA (20 U.S.C. 1232

The Agency and Agency's employee(s) and agent(s) in the course of performing, or as an incident
thereto, Agency's duties pursuant to this Agreement, are "school officials" consistent with the
requirements of the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g; 34
C.F.R. 99.31 (a)(1)G@)(B). Agency agrees to establish and implement the following minimum
safeguards for maintaining the confidentiality of "confidential information" provided by the District
as defined below pursuant to this Agreement:

a) Access to the confidential information provided by the District to Agency will be restricted
to those performing official duties in the performance of work as detailed in the Agreement.

b) Agency will protect the confidential information in a manner that prevents unauthorized
persons from accessing the information by means of computer, remote terminal, or other means.

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Redisclosure of confidential information received from the District by Agency to any person who is
not expressly identified by or pursuant to this Agreement as a person authorized to receive and
process such information is prohibited by this Agreement and various state and federal laws such as
those cited above in the context of the definition of confidential information

The terms "confidential information" or "confidential student information" as used in the
Agreement means any and all student education records protected by the FERPA, and all other
similar federal and state laws.

Without the express advance written permission of the District, the Agency further agrees not to
divulge directly or indirectly the terms of this agreement or the services rendered hereunder, in either
general or specific terms, to persons or agencies who are not a party to the agreement, except to the
identified student in this agreement and/or his family.

XI. PUBLIC RECORD OBLIGATIONS: CHAPTER 42.56 RCW

Pursuant to Washington State's Public Records Act (PRA), chapter 42.56 RCW, all records and
documents related to the District's involvement in the Agency's services or activities under this
Agreement must be available for public inspection and copying upon request unless any record or
document, or a portion of the record or document, falls within a specific exemption to the PRA. All
requests for public records related to the Agency's services or activities under this Agreement will
be referred to the District's Public Records Department, which will evaluate the request and
determine whether the records sought are subject to disclosure, redaction, or should be withheld
under applicable state law.

XII. ASSIGNMENT

This Agreement and the rights and benefits conferred may not be assigned or otherwise transferred
by the Agency.

XII. NO THIRD-PARTY OBLIGATIONS

The Agency represents, to the best of its knowledge, that it is under no obligation to any third
party which could interfere with its own ability to enter into or perform its obligations under
this Agreement.

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XIV.

XV.

XVI.

XVII.

XVIII.

GOVERNANCE AND SEVERABILITY

This Agreement is entered into pursuant to and under the authority granted by the laws of the State
of Washington and any applicable federal laws. The provisions of this agreement shall be construed
to conform to those laws. If any provision of this Agreement will be held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions will not be in any
way affected or impaired thereby.

HEADINGS

The headings of the several sections of this Agreement are inserted for convenience and
reference only, and are not intended to be a part of, or to affect the meaning or interpretation
of, this Agreement.

NO TRANSFER OF OWNERSHIP

The Agency will not, by performance under this Agreement, obtain any ownership
interest in copyright, trademark rights or any other proprietary rights or information of
the District, its officers, inventors, employees, students, or agents.

SUBCONTRACTING

In the event the Agency finds it necessary to subcontract specific work, no arrangements
for subcontracting may be made until there is agreement between the District and the
Agency concerning such sub-contracting. Any agreed upon sub-contractor is the
responsibility of the Agency.

PROHIBITIONS

A. In accordance with RCW 28A.400.330, any Non-Public Agency or employee of any Non-Public
Agency contracting with the District is prohibited from having contact with children while
working at District schools if the individual pled guilty to or has been convicted of any felony
crime against children or adults. Any failure to comply with this section shall be grounds for the

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District to immediately terminate this Agreement.

B. The use of tobacco, alcohol, or any controlled substance is strictly forbidden on Meridian School
District property.

C. All Meridian School District properties are weapon free zones. The Agency or its employees are
prohibited from carrying any weapons onto district properties.

XIX. INSURANCE

The Agency agrees to supply a certificate of insurance with a reputable insurance firm,
indicating full liability coverage with the District listed as an additional insured. The coverage
shall be at least $1 million dollars combined single limit bodily injury and property damage.

XX. INDEMNIFICATION AND HOLD HARMLESS

Any and all claims which hereafter arise on the part of any and all persons as a direct or indirect
result of Agency's or its employee's or agent's negligence, gross negligence or other tortious act,
shall be the Agency's sole obligation and the Agency shall indemnify and hold harmless the District
in full for any claim and expenses arising as a result thereof. This indemnification and hold harmless
clause shall survive the expiration or termination of this agreement.

XXI. ENTIRE AGREEMENT

This Agreement is the complete expression of the terms hereto and any oral representation or
understandings not incorporated herein are excluded. No change, alteration, modification, or
addition to this Agreement will be effective unless in writing and properly signed by both
parties.

XXII. DURATION

This agreement shall commence November 7, 2023 and terminate August 31, 2024, with the sole
exception of Sections Ill and XX, which shall continue to bind the parties, their heirs and successors

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XXII. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND
INELIGIBILITY

The Agency certifies that neither it nor its principals are currently debarred, declared ineligible, or
voluntarily excluded from participation in transactions by any federal department or agency.

In witness whereof, the District and the Agency have executed this Agreement as of the date
recorded below.

DATED this 31 day of August, 2024.

Signature of District Representative Signature of Agency Representative
Superintendent
Title of District Representative Title of Agency Representative

214 W. Laurel Rd.
District Address Agency Address
Bellingham, WA_98226

(360) 398-7111 / (360) 398-8966
District Phone/Fax Agency Phone/Fax

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