HomeMy WebLinkAboutThe Learning CenterDocuSign Envelope ID: 54E60BDF-DF47-4873-922E-FESB58 0 17243
BONNEVILLE SCHOOL DISTRICT #93
Service Provider Agreement for Special Education and/or Related Services with
The Learning Center
Whereas , pursuant to the Indi vid ual s with Disabiliti es Education Act (IDEA), local school districts
are re sponsible for providing a Free Appropriate Publi c Edu cation (FAPE) to childre n who are eligible for
special education and related servi ces.
Wherea s, 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 (SOE),
THI S AGREEMENT IS ENTERED into on June 29, 2020 between Bonneville School Di strict #93 ,
hereby known as the Di strict, ha ving a principal place of bu siness at 3497 N. Ammon Road, Idaho Fall s,
Idaho, and The Learning Center, hereby known as the Contra ctor. Through this agreement, the
Contractor agrees to provide the follow i ng program and / or service .
The following service(s) requ es ted: Bl Paraprofessional Services, Behavioral Intervention
Specialist/Community Based Rehabilitation Services (CBRS) Services, Habilitative Technician, and
Personal Care Services (PCS)
Dates of service : be ginning August 31, 2020 through June 30, 2021
Hours of se rvice: Bl Paraprofessional/PCS at the rate of$ 18.33 per hour. Behavioral Intervention
Specialist at the rate of $35.15 per hour. Habilitative Technician at the rate of $29.61 per hour.
Contra ctor requirem ents attach ed he ret o are made a part of this contract .
Th e parties ag ree that the Contr actor is sol ely r es po nsibl e for all co st s and ex penses incurred in
co nne ction with th e perform ance of those services d escribed in this agre eme nt unless noted above .
1. Th e Contra ctor agre es to prov ide spe cial edu cation and/ or related services in accordan ce with
the following state and fed eral la ws and reg ulations: Idaho Cod e; Idaho State Board of
Education Re gulations pertaining to special edu cation; th e Indiv iduals with Di sabilities Edu ca tion
Act ; Part 34 of th e Cod e of Fe der al Reg ulations Sections 300 .3 00 -3 00 .3 49 and 300.400-3 00 .56 ;
Section 504 of the Re habilitatio n Act; Part 104 of th e Cod e of Fed eral Regulation s; and th e
Family Edu ca tional Rights and Pri vacy Ac t. Th ese r eg ul ations include, but are not limited to,
provision s relatin g to :
a. FAPE
b. Lea st Re strictive Environment (LRE )
c. Personne l who meet appro priate standards
d. Individualized Education Program s (IEP s)
e. Pare nt participation
f . Proceduralsafeg uards
Bo nne vill e Jt. Sc hool Di s tri ct -Se r vice Prov ide r Ag r ee me ntPage 1
•DocuSign Envelope ID : 54E60BDF-DF47-4873-922E-FE5B58D17243
2.
3.
4.
s.
6.
g. Protection in evaluation procedures
h. Confidentiality of information
i. Nondiscrimination on the basis of handicap
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 sc hool district's 2020-21 school calendar
{attached), excluding emergency school closures or w hen a student is absent.
The Contractor further agrees to provide the District the following:
a. Services as authorized in the st udent's IEP ;
b. Assurance that all work w ill be performed in acc ordance with the highe st professional
standard s;
c. Ongoing progress reports used to monitor each student's progress toward IEP goals and
objectives;
d. A copy of the service provide r's Staff Qualifi ca tions showi ng professional credential s for
the district's files;
e. Verification the contractor personnel responsible for providing special education and
related services meet the highest entry-level state sta ndards for the appropriate
occupation category;
f . Daily comp letion of the Di strict's report as a means of written documentation for service
days, times and re sults of se rvice s provided for each student, as per the IEP.
g. Verification all emp loyees 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 the Director of Federal Programs for services 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 Worke r's Compensation coverage .
If the student is no longer re ce iving services from the Contractor for any reason , the Contractor
shall inform the Di strict, and the obligation of the Di strict to pay for services will cease as of the
last day of service prov ided .
The Contractor and the Di strict agree to co mply with all perti nent sta tues of the State of Idaho
and such rule s and regulation s as the State Board of Educatio n may legall y presc ribe, which are
by reference incorporated in and made a part of this Contract as though set forth herein .
The District assures that health-related services or program placement will beg in after having
conducted an IEP team meeting to develop an IEP . The Contractor, at the District's discretion,
may reque st or attend subse quent IEP team meetings to revi se the st udent's IDP , but a District
representative must participate in all such meetings.
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DocuSign Envelope ID : 54E60BDF-DF47-4873-922E-FE5B58D17243
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 the
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
. . 29th June
their proper officials pursuant to approval ofthe1r respective boards on this day of ___
2020.
~DocuSigned by: !~~~:::~~
~earning center
Agency Name
790 s Holmes
Idaho Falls, ID 83401
Address
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