Sonoma County
Local Education Agency
2015-2016
Master Contract
For
Nonpublic, Nonsectarian
School/Agency Services
Sonoma County
LEA
2015-2016Master Contract for
Nonpublic, Nonsectarian School/Agency Services
Table of Contents
I.TERM
II.SERVICE DESCRIPTION AND RATE SCHEDULE – Exhibits A & B
A.Daily Program Rates
B.Partial Day or Dual Enrolled Students
C.Designated Instruction and Related Services
III.CONTRACT DOCUMENTS
A.DEFINITION OF TERMS AND ACRONYMS
B.INDIVIDUAL SERVICE AGREEMENT - Exhibit B
C.IEP AND ASSESSMENTS
D.Progress Reports
E.EDUCATIONAL MATERIALS/GRADUATION REQUIREMENTS - NONPUBLIC SCHOOLS Exhibit N
F. STATEWIDE MANDATED ASSESSMENT
G.BEHAVIOR MANAGEMENT – Exhibit L & Exhibit O
H.SUSPENSION AND EXPULSION – Exhibit M
I. CLASS SIZE - NONPUBLIC SCHOOL
J. APPROPRIATE THERAPY SPACE
K.SURROGATE PARENTS
L.IEP/ITP MEETINGS
M.DUE PROCESS & COMPLAINTS
N.PROGRAM MONITORING
1.INSPECTION AND AUDIT OF RECORDS
2.FACILITIES AND PROGRAM REVIEW
3.PARENTAL VISITATION
4.EVALUATION OF PROGRESS
O.CERTIFICATION, CREDENTIALS AND LICENSES – Exhibit C
P. RECORDS
1.PUPIL RECORDS
2.ATTENDANCE RECORDS – Exhibit E
3.CHANGE OF RESIDENCE – Exhibit P
Q.PAYMENT PROVISIONS – Exhibits E, F, J, K & Q
1.CHARGES
2.SCHOOL CALENDARS – Exhibit K
3.INSTRUCTIONAL DAY/YEAR
4.PAYMENT UNIT - NONPUBLIC SCHOOL ONLY
5.PAYMENT UNIT - NONPUBLIC AGENCY ONLY
6.ABSENCES - Exhibit Q
7.PAYMENT DEMAND – Exhibits E, F & J
8.RIGHT TO WITHHOLD
9.Audit Exceptions
10.EDUCATIONAL FUNDS
11.PAYMENT FROM OUTSIDE AGENCIES
R.COMPLIANCE WITH LAWS
1.GENERAL
2.FINGERPRINTS
3.TUBERCULOSIS
4.CHILD ABUSE REPORTING
5.NON-DISCRIMINATION
6.SEXUAL HARASSMENT INVOLVING STUDENTS
7.AMERICANS WITH DISABILITIES ACT
8.STATE MEAL MANDATE – NPS only
9.HEALTH AND SAFETY
a) UNIVERSAL HEALTH PRECAUTIONS
b) MEDICATIONS
c) ACCIDENT/INCIDENT REPORT
d) DISASTER PLAN
e) FIRE CODE
S. INDEMNIFICATION
T.INSURANCE
1.General Liability Insurance.
2.Professional Liability Insurance
3.Worker’s Compensation Insurance
4.Proof of Insurance and Endorsements
U.DISPUTES
V.TERMINATION
W.CONFLICTS OF INTEREST
X.MISCELLANEOUS
1.SUBCONTRACT AND ASSIGNMENT
2.MODIFICATIONS AND AMENDMENTS
3.NOTICES – Exhibit I
4.INDEPENDENT CONTRACTOR STATUS
5.RENEWAL
6.ENTIRE AGREEMENT
7.GOVERNING LAW
8.SEVERABILITY CLAUSE
9.DEBARTMENT CERTIFICATION
Description of EXHIBITS
LEA Master NPS/A Contract 2015-2016_v.6-1-15 Page 1
SONOMA COUNTYLEA
MASTER CONTRACT
FOR
NONPUBLIC, NONSECTARIAN SCHOOL/AGENCY SERVICES
THIS MASTER CONTRACT (“Contract”) is made and entered into this 1stday ofAugust2015, between ______, hereinafter referred to as the Local Education Agency “LEA,” and ______, hereinafter referred to as “CONTRACTOR” for the purpose of providing special education and/or designated instruction and services to individuals with exceptional needs under the authorization of California Education Code § 56157 and § 56365 -56366.12.
I.TERM
This Contract shall commence on August 1,2015and terminate at 5:00 p.m. on July 31, 2016unless terminated earlier date as provided herein.
II.SERVICE DESCRIPTION AND RATE SCHEDULE – Exhibits A & B
On or before the commencement date of this Contract CONTRACTOR shall provide to LEA a written description of its program of special education, designated instruction and services (“DIS”), behavior management system, incident reporting procedures, and school calendar which shall include the daily start time and dismissal time.
The NPS school calendar for August 1, 2015 to July 31, 2016 shall provide for up to ____ Regular School days. The number of 2016 ESY days shall not exceed ____ days.
CONTRACTOR acknowledges that the school calendar does not represent the number of days LEA is required to contract for services. The number of regular school days and extended school days in any ISA shall be determined in accordance with the individual needs of the pupil as specified in the pupil’s IEP and shall occur within the LEA-approved school calendar, unless otherwise authorized in advance in writing by LEA.
All ESY days must provide for a minimum of 240 minutes and a maximum of 360 minutes and shall be paid on a per minute basis based on current daily rate.
The NPS calendar including the number of days per year and ESY days is subject to LEA approval.
Contractor may not chargeLEA any rates other than the rates agreed to in this Master Contract.
CONTRACTOR agrees to maintain current certifications, credentials, and licenses to provide its program ofspecial education and DIS, as certified pursuant to Education Code § 56366.1 and related regulations, at the rates set forth below.
A.Daily Program Rates
During the term of this Contract, CONTRACTOR shall provide special education and DIS in accordance with Individual Service Agreements (ISA Exhibit B) executed by CONTRACTOR and LEA at the rate shown on the attached Rate ScheduleExhibit A.
B.Partial Day or Dual Enrolled Students
Daily Program Rates for pupils whose individual education program (IEP) authorizes less than a full instructional day shall be reduced proportionately (pupil’s instructional day in minutes/minutes in full instructional day) x Daily Program Rate as shown on the attached Rate ScheduleExhibit A,unless otherwise specified in ISA.
C.Designated Instruction and Related Services
Designated Instruction and Related Services offered by CONTRACTOR shall be provided by qualified personnel as per State and Federal Law, and codes and charges for such related services during the term of this contract shall be stated in the attached Rate ScheduleExhibit A.
III.CONTRACT DOCUMENTS
This Contract includes the attached General Provisions, Exhibits A – Q, and any ISAs executed by CONTRACTOR and LEA. No payment shall be due under this Contract for special education or DIS provided to any pupil unless and until LEA and CONTRACTOR execute an ISA for such pupil.
Date: / Date:Signature: / Signature:
Name: / Name:
District: / CONTRACTOR NPS/A Name:
District Address: / CONTRACTOR Address:
Contract Submittal Requirements
The following documents must be submitted to LEA by Date:______
1)Original signed contract
2)Certificate of Comprehensive General Liability Insurance as specified in Section T(1). This certificate must be attached with the endorsement language of Section T(1)(a-d) of contract and include the deductible(s) if any.
3)Certificate of Professional Liability Insurance – Section T(2)
4)Certificate of Worker’s Compensation Insurance – Section T(3)
5)Exhibit C, List of staff, credentials, waivers or license, fingerprint clearance, TB clearance and training dates for any staff, sub-contractors & regular/on-going volunteers providing services or instruction to students under this Contract. This form must be signed and dated by Contractor’s authorized officer or agent – Section O(4)
6)Description of crisis intervention training, including restraint procedures – Section G & Item II page 4
7)Copies of all subcontracts for student’s services including transportation contracts – Section X(1)(a-c)
8)Copies of subcontractor’s insurance – Section X(1)(a-c)
9)Nonpublic School or Nonpublic Agency Certificate – Section O(2)
10)School Calendar (NPS only)
11)School Schedule with a minimum of minutes as specified in Section Q(3) (NPS only)
Please mail all the above documents to:
Please call ______at ______if you have any questions regarding the above documents.
GENERAL PROVISIONS
TO
SONOMA COUNTY LEA
MASTER CONTRACT
FORNONPUBLIC, NONSECTARIAN SCHOOL/AGENCY SERVICES
A.DEFINITION OF TERMS AND ACRONYMS
The following terms and acronyms shall apply in this Contract:
- CONTRACT (Master Contract)
- CONTRACTOR (Means a nonpublic, nonsectarian school/agency certified by the California Department of Education and its officers, agents and employees)
- CDE (California Department of Education)
- CDOJ (California Department of Justice)
- DAYS (Calendar days, unless otherwise specified)
- DIS (Designated Instruction and Services)
- Dual Enrolled Student (Any student enrolled at a public school and a NPS)
- FAPE (Free Appropriate Public Education)
- FERPA (Family Educational Rights and Privacy Act of 1974)
- IEP (Individualized Education Program)
- ISA (Individual Service Agreement)
- ITP (Individual Transition Plan)
- IMMEDIATE or IMMEDIATELY (Within 24 hours)
- LEA (The Local Education Agency that is the district of residence of a pupil (with IEP) for whom an ISA has been executed
- LCI (Licensed Children’s Institution)
- OAH (Office of Administrative Hearings)
- NOTIFICATION (Within fourteen (14) calendar days, unless otherwise specified)
- NPS/NPA (Nonpublic School/Nonpublic Agency)
- PARENT (Means the natural parent, adoptive parent, surrogate parent, legal guardian, or any other adult granted educational decision-making rights by the natural or adoptive parent, a court of competent jurisdiction, or as otherwise provided by law)
- SELPA (Sonoma County Office of Education Local Planning Area)
B.INDIVIDUAL SERVICE AGREEMENT - Exhibit B
CONTRACTOR shall execute with LEA an ISA, (Exhibit B) for each pupil who is to receive special education and/orDIS from CONTRACTOR under this Contract and each such ISA is incorporated herein by this reference. LEA shall provide to CONTRACTOR an ISA within 15 days of an executed IEP for services, except as provided in Section P(3), which requires the LEA to develop an ISA for services within 5 days.LEA failure to develop an ISA within these timelines, for student placed in the NPS by the LEA, shall not constitute a reason to delay funding services rendered by the CONTRACTOR.Services under an ISA shall occur only on the regular school days or extended school year days on the LEA-approved school calendar, unless otherwise authorized in advance in writing by LEA at the LEA approved rate for the services specified in the ISA. Contractor shall deliver the specified services using personnel who possess the requisite certifications and qualifications.
Changes to a pupil’s educational program including special education, DIS, and instructional setting provided under this Contract shall be made only by modification to the pupil’s IEP in accordance with applicable laws and regulations, mediated agreement, or an order from the OAH or a court of competent jurisdiction.
DIS shall only be provided during the period of the pupil’s regular or extended school year program and will occur at the NPS site or in the case of NPAs at the pupil’s school of attendance, unless otherwise specified by the pupil’s IEP.
For Pupils attending an NPS, unless otherwise specified in the pupil’s ISA, CONTRACTOR shall provideDIS to pupils on only those days when the pupil’s school of attendance is in session and the pupil is scheduled to attend school in accordance with the LEA-approved NPS school calendar.
IfDIS is not so provided due to the absence of CONTRACTOR’S Personnel, make up sessions shall be provided within forty-five (45) days of the missed session. If CONTRACTOR does not provide all make-up services within forty-five (45) days of the missed session(s), by the fiftieth (50) day, CONTRACTOR must submit a schedule, to provide the make-up serviceson or before the 60th day of the missed sessions(s) or as otherwise agreed to in writing by LEA. Make up services shall occur on, or before the last school day of the year, whichever is earlier. Section Q.2.b. shall apply to the make-up schedule, which shall be subject to LEA approval.
At any time during the term of this Contract, the parent, CONTRACTOR, or LEA may request a review of a Pupil’s IEP, subject to all procedural safeguards provided by law.
An ISA may provide for special education and DIS beyond the term of this Contract, but the ISA shall be null and void upon termination of the Contract.
C.IEP AND ASSESSMENTS
1. As specified in the ISA, CONTRACTOR will provide each pupil a program of special educationand DIS that is consistent with the pupil’s IEP. The program of special education provided to pupils under the ISA shall be responsive to LEA’s required sequence of courses and related curriculum for pupils. Prior to enrollment of a pupil or as soon after, LEA shall provide to CONTRACTOR a copy of each pupil’s most recent IEP and related assessments.
2.Unless placement is made pursuant to an Office of Administrative Hearings order or a lawfully executed agreement between LEA and parent, LEA is not responsible for the costs associated with nonpublic school placement until the date on which an IEP team meeting is convened, the IEP team determines that a nonpublic school placement is appropriate, and the IEP is signed by the student’s parent or another adult with educational decision-making rights.
3. The CONTRACTOR is responsible for all assessment costs regarding the updating of goals and objectives, progress reporting and development of present levels of performance. The CONTRACTOR shall complete academic or other assessment of the student one calendar month prior to the student’s annual or triennial review IEP team meeting for the purpose of reporting the student’s present levels of performance at the IEP team meeting as required by state and federal laws and regulations and pursuant to LEA policies, procedures, and /or practices.
4. CONTRACTOR shall complete academic and other assessment of the student prior to the student’s annual or triennial review IEP or triennial review IEP team meeting for the purpose of reporting the student’s present levels of performance at the IEP team meeting as required by state and federal laws and regulations and pursuant to LEA policies, procedures, and/or practices, unless otherwise agreed to by LEA. It is understood that LEA shall be is responsible for developing Assessment Plans for its students. CONTRACTOR shall facilitate obtaining parental consent to complete the assessments described in the Assessment Plan. All assessments described within the Assessment Plan shall be completed provided by the LEA unless the LEA specifies in writing a request that CONTRACTOR perform such additional assessment. Any assessment costs may be added to the ISA and/or approved separately by mutual agreement of the LEA and CONTRACTOR.
D.Progress Reports
CONTRACTOR shall send to LEA progress reports relating to goals and objectives in a pupil’s IEP and other data required for review. With written notification to district, CONTRACTOR may send progress reports electronically to LEA. Progress reports shall be sent to parents at intervals required by federal and state law (e.g., progress report and report card periods in pupil’s district of residence), as required by a pupil’s IEP, and within five (5) days of LEA’s request.
E.EDUCATIONAL MATERIALS/GRADUATION REQUIREMENTS - NONPUBLIC SCHOOLSExhibit N
As required by Education Code § 56366.10(b), CONTRACTOR shall ensure that pupils have access to the following educational materials, services and programs consistent with each pupil’s individualized education program: (1)(A) State Board of Education (SBE) - adopted Common Core State Standards (“CCSS”) for curriculum and the same instructional materials for kindergarten and grades 1 to 8, inclusive; and, (B) provide standards – aligned core curriculum and instructional materials for grades 9 to 12, inclusive, used by a local education agency (LEA), that contracts with the nonpublic school: (2) College preparation courses. (3) Extracurricular activities, such as art, sports, music, and academic clubs. (4) Career preparation and vocational training, consistent with transition plans pursuant to state and federal law. (5) Supplemental assistance, including individual academic tutoring, psychological counseling, and career and college counseling.
For pupils working toward a high school diploma, CONTRACTOR shall provide a program of instruction that meets the requirements of the State of California and the pupil’s school district of residence. CONTRACTOR shall obtain from the pupil’s school district of residence the course/content requirements to obtain a high school diploma. For pupils in grades nine (9) through twelve (12), inclusive, at the close of each semester, or upon pupil transfer CONTRACTOR shall prepare transcripts and submit them to the pupil’s school district of residence or to the school district to which pupil will transfer for evaluation of progress toward completion of diploma requirements.
For pupils working toward a Certificate of Completion, CONTRACTOR shall provide a program of instruction that meets the requirements of pupil’s LEA.
F. STATEWIDE MANDATED ASSESSMENT
When CONTRACTOR is a nonpublic school, CONTRACTOR shall administer all statewide assessments within the California Assessment of Student Performance and Progress (CAASP), Desired Results Developmental Profile (“DRDP”), achievement and abilities tests (using LEA-authorized assessment instruments), the Fitness Gram, California English Language Development Test (“CELDT”), and the California High School Exit Examination, as appropriate to the student, and mandated by LEA pursuant to LEA and state and federal guidelines.
CONTRACTOR is subject to the alternative accountability system developed pursuant to Education Code section 52052, in the same manner as public schools. Each LEA student placed with CONTRACTOR by the LEA shall be tested by qualified staff of CONTRACTOR in accordance with that accountability program. LEA shall provide test administration training to CONTRACTOR’S qualified staff. CONTRACTOR shall attend a LEA test training and comply with completion of all coding requirements as required by LEA; or at the sole discretion of the LEA, the LEA will administer the tests.
G.BEHAVIOR MANAGEMENT – Exhibit L & Exhibit O
CONTRACTOR shall designate an individual employed, contracted, and/or otherwise hired by CONTRACTOR to be responsible for ensuring CONTRACTOR implements planned, systematic positive behavioral interventions for students with exceptional needs whose behaviors impede the learning of the students or impedes the learning of others in accordance with Education Code sections 56520-56525 and Sonoma SELPA Policies 15A, 15B, and 25. Upon commencement of any services by new personnel and at least annually for all personnel, CONTRACTOR shall ensure that its personnel are trained in crisis intervention, emergency procedures, and appropriate behavior management strategies. CONTRACTOR shall adhere to systematic positive behavioral interventions set forth in California Education Code sections 56520-56524 including data collection for behavioral issues, conducting functional behavioral assessments, and formulation of behavioral intervention plans. The SELPA adopted form (Exhibit O) Functional BehavioralAssessment Report must be used by CONTRACTOR. CONTRACTORand LEA shall jointly develop and implement behavioral intervention plansfor students with exceptional needs regarding transportation to and from school.
An emergency intervention may only be used to control unpredictable, spontaneous behavior that poses a clear and present danger of serious physical harm to the individual with exceptional needs, or others, and that cannot be immediately prevented by a response less restrictive than the temporary application of a technique used to control the behavior. CONTRACTOR shall not use an emergency intervention that involves any of the techniques detailed in Education Code section 56521.1(d) except techniques such as prone containment may be used as an emergency intervention by staff trained in these techniques. The SELPA Behavioral Emergency Report (Exhibit L) is to be completed by CONTRACTOR the same day of the use of an emergency intervention with a student with exceptional needs or if serious property damage is caused by a student with exceptional needs. The LEA must be faxed and/or emailed a copy of the Behavioral Emergency Report no later than the end of the day that the emergency intervention was used or if serious property damage occurs. The parents of the student with exceptional needs must be notified within one school day following the completion of a Behavioral Emergency Report. If a Behavioral Emergency Report was written regarding a student with exceptional needs who did not have a behavioral intervention plan then CONTRACTOR notify the LEA Administrator so that, within two (2) days, an IEP meeting is scheduled for the student to review the Behavioral Emergency Report, to determine the necessity for a functional behavioral assessment, and to determine the need for an interim behavioral intervention plan. If a Behavioral Emergency Report was written regarding a student with exceptional needs who did have a behavioral intervention plan then CONTRACTOR shall notify the LEA Administrator so that the incident is referred to the IEP team to review and determine if the incident constitutes a need to modify the positive behavioral intervention plan.