HomeMy WebLinkAbouttlc-BI_PRO_PSR_17-18Bonneville Jt. School District – Service Provider Agreement Page 1
BONNEVILLE SCHOOL DISTRICT #93
Service Provider Agreement for Special Education and/or Related Services with
The Learning Center
Whereas, pursuant to the Individuals with Disabilities Education Act (IDEA), local school districts
are responsible for providing a Free Appropriate Public Education (FAPE) to children who are eligible for
special education and related services.
Whereas, Idaho Code #33-2004 sets forth provisions whereby school districts may provide FAPE
to special education students through a contract with contractor approved by the Idaho State
Department of Education (SDE),
THIS AGREEMENT IS ENTERED into on August 18, 2017 between Bonneville School District #93,
hereby known as the District, having a principal place of business at 3497 N. Ammon Road, Idaho Falls,
Idaho, and The Learning Center, hereby known as the Contractor. Through this agreement, the
Contractor agrees to provide the following program and/or service for see attached list.
The following service(s) requested: BI Professional/PSR Services
Dates of service: beginning August 25, 2017 through June 30, 2018
Hours of service: at the rate of $ 31.78 per hour.
Contracted fee not to exceed $70,000.
Contractor requirements attached hereto are made a part of this contract.
The parties agree that the Contractor is solely responsible for all costs and expenses incurred in
connection with the performance of those services described in this agreement unless noted above.
1. The Contractor agrees to provide special education and/or related services in accordance with
the following state and federal laws and regulations: Idaho Code; Idaho State Board of
Education Regulations pertaining to special education; the Individuals with Disabilities Education
Act; Part 34 of the Code of Federal Regulations Sections 300.300-300.349 and 300.400-300.56;
Section 504 of the Rehabilitation Act; Part 104 of the Code of Federal Regulations; and the
Family Educational Rights and Privacy Act. These regulations include, but are not limited to,
provisions relating to:
a. FAPE
b. Least Restrictive Environment (LRE)
c. Personnel who meet appropriate standards
d. Individualized Education Programs (IEPs)
e. Parent participation
f. Procedural safeguards
g. Protection in evaluation procedures
Bonneville Jt. School District – Service Provider Agreement Page 2
h. Confidentiality of information
i. Nondiscrimination on the basis of handicap
2. The Contractor agrees to provide education and/or related services for identified student(s)
including:
a. The appropriate staff and oversight to implement IEPs for each student as determined
by the school IEP team;
b. Services to the student according to the school district’s 2017-18 school calendar
(attached), excluding emergency school closures or when student is absent.
3. The Contractor further agrees to provide the District the following:
a. Services as authorized in the student’s IEP;
b. Assurance that all work will be performed in accordance with the highest professional
standards;
c. Ongoing progress reports used to monitor each student’s progress toward IEP goals and
objectives;
d. A copy of the service provider’s Staff Qualifications showing professional credentials for
the district’s files;
e. Verification the contractor personnel responsible for providing special education and
related services meet the highest entry-level state standards for the appropriate
occupation category;
f. Daily completion of the District’s report as a means of written documentation for
service days, times and results of services provided for each student, as per the IEP.
g. Verification all employees who come into contact with the student have been subject to
a criminal background check as required by Idaho Code 33-130 and have been
determined to not have a criminal history inconsistent with working with children.
h. Submission of billing to Director of Federal Programs for services provide provided
within 30 days of the date of the service provided. Additional hours will be
compensated at the same rate, provided that the additional hours, over and above
those stated, have received prior written approval of the Director of Federal
Programs. All invoices should be numbered and dated showing the dates and hours of
service provided for each student.
i. Proof of Worker’s Compensation coverage.
4. If the student is no longer receiving services from the Contractor for any reason, the Contractor
shall inform the District, and the obligation of the District to pay for services will cease as of the
last day of service provided.
5. The Contractor and the District agree to comply with all pertinent statues of the State of Idaho
and such rules and regulations as the State Board of Education may legally prescribe, which are
by reference incorporated in and made a part of this Contract as though set forth herein.
6. The District assures that health-related services or program placement will begin after having
conducted an IEP team meeting to develop an IEP. The Contractor, at the District’s discretion,
may request or attend subsequent IEP team meetings to revise the student’s IDP, but a District
representative must participate in all such meetings.
Bonneville Jt. School District – Service Provider Agreement Page 3
7. The District will pay the Contractor based on submission of an invoice with documentation as
described in 3.h.
8. The District will provide documentation necessary for the Contractor to carry out the portion of
the IEP that falls under Contractor responsibility.
9. The District may terminate this Agreement immediately if the District determines that
Contractor has willfully violated any statutory requirement or government regulation or the
services related to this Agreement are modified or terminated for a student. Either party may
terminate this Agreement without cause upon providing 30 days written notice to the other
party.
10. Contractor shall be solely liable for any losses or damages resulting from performance of any of
the services covered by this Agreement. Contractor shall indemnify and hold harmless the
District from any liability, including, but not limited to, cost, expenses, and attorney fees,
resulting from Contractor’s performance of the services provided under this Agreement. Proof
of liability insurance with Bonneville School District #93 listed as an “additional insured” shall be
submitted to the District within ten (10) days of the date of this Agreement.
The Learning Center agrees that as an independent contractor it is not eligible for district benefits of any
kind. The Learning Center also agrees to maintain liability insurance in the minimum amount of
$1,000,000.00 and worker’s compensation coverage for its employees.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in their names by
their proper officials pursuant to approval of their respective boards on this _______ day of _______,
2017.
______________________________
Superintendent/Designee Signature
Bonneville Jr. School District #93
______________________________
Board of Trustees
Bonneville Jr. School District #93
______________________________ ________________________________
Contractor Signature Agency Name
________________________________________
________________________________________
Address