August 2011

North Carolina Child Welfare Education Collaborative

STUDENT SERVICE AGREEMENT For

FISCAL YEAR 2012-2013

Bachelor of Social Work Student / Master of Social Work Student

The Agreement, entered into on the last date written below, by and among the University of North Carolina at Chapel Hill (hereinafter “UNC-CH”) for and on behalf of its School of Social Work and its Child Welfare Education Collaborative Central Office (hereinafter “Central Office”), and Student name (hereinafter, “Student”).

W I T N E S SET H

WHEREAS, pursuant to an agreement with the State of North Carolina Department of Health and Human Services, Division of Social Services, the UNC-CH Child Welfare Education Collaborative Central Office is responsible for the administration of the NC Child Welfare Education Collaborative Program (hereinafter “Program”); and

WHEREAS, Student desires to participate in the Program, Student has been accepted into the Program, and is pursuing a course of study in social work at an eligible university participating in the Program (hereinafter “University”) with a goal of earning the degree indicated above.

NOW, THEREFORE, in consideration of the premises and of the following mutual promises, covenants, and conditions, UNC-CH and Student agree as follows:

I. RESPONSIBILITIES OF UNC-CH:

UNC-CH agrees that it will:

1.  If Student is a BSW student as indicated above, directly provide Student with a $0,000 award for each year ($0,000/semester) that he/she participates in the Program up to two academic semesters, contingent upon continued availability of funds and Student’s satisfactory progress (as set forth in Section I.8 below) in the Program.

2.  If Student is an MSW student as indicated above, directly provide Student with an $0,000 award ($0,000/semester) for each year that he/she participates in the Program up to three academic years, contingent upon continued availability of funds and Student’s satisfactory progress (as set forth in Section I.8 below) in the Program.

3.  If Student is concurrently employed by DSS or NC-DSS or is a student who commutes more than 000 miles round trip in order to participate in the Program, provide Student with an application for a travel subsidy upon Student’s request, review such application and provide travel subsidy funds, as appropriate.

4.  If Student is an MSW student as indicated above or concurrently employed by DSS or NC-DSS, provide such Student with reimbursement for books up to $000 per semester of enrollment in the Program, upon Student’s request and as appropriate.

5.  Collaborate with Student’s University to ensure that Student is provided appropriate curricula and assigned to required field placements in public child welfare and related services in accordance with the NC-DSS Program requirements.

6.  Assist Student in satisfying the requirement that he/she secure employment in a child welfare setting in a North Carolina County Department of Social Services (DSS) by providing information about job openings and application processes. The parties understand that it remains the Student’s obligation to secure qualifying employment.

7.  Collaborate with Student’s University to assess whether Student is performing satisfactorily in the Program, consistent with applicable provisions of the Family Educational Rights and Privacy Act and applicable regulations there under (“FERPA”).

8.  Suspend or terminate award payments and reimbursements if Student is not performing satisfactorily in the Program. Satisfactory progress will be determined solely by the Program and reviewed by the Program on a semester basis.

a.  If the Program decides that Student is not performing satisfactorily because of a correctable problem, UNC-CH may suspend award payments and reimbursements until the problem is corrected. The Program will notify Student of such suspension prior to such action. In the event the award payments and reimbursements are suspended under this subsection during a term, any payments already made pursuant to this Agreement for that semester shall be repaid by Student if Student does not correct the problem. If the problem is not corrected, Student’s participation in the Program shall be terminated, and Student shall begin repayment according to the terms of Section III of this Agreement, upon graduation or cessation of enrollment in the University, whichever is earlier.

b.  If the Program decides that Student is not performing satisfactorily in the Program for any other reason than a correctable problem, the Program reserves the right to terminate Student’s participation in the Program and cease all award payments and reimbursements. The Program will notify Student of such termination prior to such action. In the event Student is terminated under this subsection during a term, any payments made pursuant to this Agreement for that semester shall be repaid by Student according to the terms of Section III of this Agreement, upon graduation or cessation of enrollment in the University, whichever is earlier.

9.  Student shall have the right to appeal a decision of suspension or termination under this section as set out in Section VI.

II. RESPONSIBILITIES OF STUDENT

As a participant in this Program, Student agrees:

  1. To take and satisfactorily complete the courses, training, seminars, and field placements designated by the Program, maintaining satisfactory performance as determined by the Program in the field placement and in the University’s academic program. The Program shall provide Student with information on what constitutes satisfactory progress.
  2. Unless this requirement is specifically waived by the Program in writing, to use his/her own automobile as necessary for field placement and to have a valid driver’s license and auto liability insurance. Student agrees and understands that Student is solely responsible for any and all liabilities that may arise from Student's use and operation of his/her automobile while engaged in and within the scope of activities under this Agreement.
  3. If Student is currently a North Carolina County DSS or NC-DSS employee, to obtain a letter from his/her Agency Director indicating that he/she has the support of the Agency to make arrangements necessary for participation in the Program.
  4. Subject to the provisions of subsections (a) through (d) of this Section II.4, to begin work for a North Carolina County DSS Agency in a direct practice or direct practice supervision position in child welfare services at least at a level appropriate to an individual newly graduated from the degree program indicated above within six (6) months after graduation. Student must render six (6) months of continuous and satisfactory full-time employment for each semester of the award. In all cases Students shall render at least one (1) year of eligible employment. Upon request by the Program, Student must verify such employment. Student understands and agrees that:
  5. Student must conduct a good-faith statewide search for any qualifying position.
  6. Should no qualifying position in any North Carolina County DSS Agency be offered to Student within two (2) months of a good-faith statewide search, Student may begin cash repayment at that time.
  7. Should Student not be offered a position within two (2) months of a good-faith statewide search due to personnel system requirements, legislative budget cuts, position freezes or other circumstances beyond the agency’s control, Student shall be released from his or her commitment, upon approval of the North Carolina Division of Social Services. This release from commitment shall only apply if all North Carolina County DSS Agencies, NC-DSS and NC-DSS contract agencies serving IV-E eligible clients are unable to offer positions for these specified reasons.
  8. BSW Students wishing to enroll immediately after completion of the Program as Advanced Standing Students in a CSWE-accredited North Carolina MSW program may apply to the Collaborative Executive Director for a deferral of the payback obligation for a period equal to the period necessary to complete the Advanced Standing Program, up to a maximum of two (2) years. Deferrals under this section may only be granted to the extent they are allowed under relevant federal law and regulations. Any such deferral shall be conditioned upon Student’s agreement to new repayment terms.
  9. To repay to the Central Office the dollar value of the service award and/or funds provided to the Student for tuition, books, travel costs, as applicable and any other funds disbursed in connection with Student’s participation in the Program and pursuant to this Agreement as shown on the most recent Repayment Agreement and Note executed by Student (hereinafter “Repayment Agreement and Note”)[plus interest, reasonable attorney’s fees, late payment penalties and other costs and charges necessary for the collection of any amount not paid when due as set out in the Repayment Agreement and Note]:
  10. If Student is terminated from the Program for unsatisfactory performance; withdraws or fails to participate in the Program; fails to graduate from the Program with the degree indicated above; or fails to qualify for an appropriate child welfare position under applicable State Personnel rules or County policies; or
  11. If Student declines appropriate employment; voluntarily terminates such employment; or is discharged under applicable State or County Personnel System rules for unsatisfactory work performance or personal misconduct prior to completion of the employment obligation. Unsatisfactory work performance and personal misconduct include but are not limited to poor professional work, a felony conviction, conviction of a crime involving harm to children, improper conduct as described by State and/or County Personnel System, and violations of the National Association of Social Workers (NASW) Code of Ethics. Before imposing a financial payback requirement, the Central Office will review the circumstances of Student’s case. As part of this review process, the Central Office may seek information from and share information with the Program, consistent with applicable provisions of FERPA. In some cases, depending on the outcome of the Program’s review, Student may be permitted to change employment to another qualifying position in another appropriate state or local agency.
  12. If a financial payback requirement is imposed, Student shall comply with the repayment terms set out in Section III of this Agreement. Student shall have the right to appeal the imposition of a financial payback requirement under this section as set out in Section VI. Where Student is no longer enrolled and an appeals body wishes to forgive both Student’s financial repayment and work obligations, such a decision must be approved by NC-DSS before it can be made final and have any legal effect.
  13. To maintain a status that will qualify him/her to meet I-9 employment requirements throughout the period of his/her participation in the Program, including the required post-graduation employment period.
  14. To notify the Central Office within 10 days if he/she is convicted of any criminal offense while enrolled in the Program.

III. REPAYMENT

  1. If Student does not graduate from the Program for any reason (including if Student participates as a Student receiving financial support pursuant to this Agreement (hereinafter “Scholar”) for any year or part thereof, but does not continue as a Scholar and graduate from the Program), except as provided in Section IV hereafter, he/she shall repay to the Central Office the service award, funds provided to the Student for tuition, books and travel costs, as applicable, plus interest, reasonable attorney’s fees, late payment penalties and other costs and charges necessary for the collection of any amount not paid when due as set out in the Repayment Agreement and Note. However, if Student wishes to fulfill his/her contractual obligation by completing appropriate employment as described in II.4 above, rather than cash repayment, he/she may request authorization from the Central Office. Concurrent employment while still enrolled as a student cannot count toward employment payback.
  2. If Student, after graduation, fails to satisfy the employment obligation for any of the reasons specified in Section II.5 above, he/she shall repay the service award and/or funds provided to the Student for tuition, books and travel costs, as applicable, to the Central Office, plus interest, reasonable attorney’s fees, late payment penalties and other costs and charges necessary for the collection of any amount not paid when due as set out in the Repayment Agreement and Note. The Central Office shall be responsible for securing billing for and collection of funds repaid by Student.
  3. Student must sign the Repayment Agreement and Note upon execution of this Agreement and must sign an updated Repayment Agreement and Note each time funds are disbursed. The Repayment Agreement and Note shall specify the total amount due, the interest rate to be charged on the unpaid balance (8%) and the monthly payment schedule. In the event Student signs any subsequent Repayment Agreement(s) and Note(s), each subsequent Repayment Agreement and Note shall specify the total cumulative amount due. Repayment of such entire cumulative amount shall begin no later than the fourth calendar month after a determination is made that Student will enter financial repayment and continue for a period of time as specified in the Repayment Agreement and Note. The terms of the most recent Repayment Agreement and Note shall take precedence over any previous Repayment Agreement and Note.
  4. Student’s failure to execute any Repayment Agreement and Note will cause the total amount owed to become immediately due and payable in full upon Student’s graduation or cessation of enrollment in the University, whichever is earlier. If Student does not pay in full under this subsection, the matter will be treated as a past-due debt, official transcripts will be withheld, the matter will be referred to the North Carolina Attorney General or a collection agency for collection, and additional interest and late fees will be added to the amount due.

IV. STUDENT HARDSHIP, DISABILITY OR DEATH

  1. If, because of personal hardship or documented temporary disability, Student interrupts his/her studies and delays graduation from the Program, Student understands that he/she must notify the Program and either request a deferral from the Central Office due to hardship or agree to repay the award according to the repayment procedures in Section III of this Agreement.
  2. If, because of personal hardship or documented temporary disability, Student fails to graduate from the Program or if Student fails to render the applicable period of employment at an appropriate agency, Student understands that he/she must notify the Program and either request a deferral from the Central Office due to hardship or agree to repay the award according to the repayment procedures in Section III of this Agreement.
  3. In the case of Student’s death or a documented permanent disability that would prevent the required employment, the Central Office may waive the employment obligation and/or forgive repayment requirements upon approval of NC-DSS.
  4. Student has the right to appeal the denial of deferral, waiver, or repayment forgiveness under this section as set out in Section VI.

V. STUDENT INFORMATION