Documents › Board of Education, 2026-10-01

agreement 6 pages Scanned/OCR — text may contain errors

Also attached to this agenda item: Special Education Agreement for Services

HENDRICK HUDSON CENTRAL SCHOOL DISTRICT 6] Trolley Road Montrose, NY 10548 2025-2026 CONTRACT FOR EDUCATIONAL SERVICES Student ID#: $5632 AGREEMENT made by and between the Croton-Harmon School District, having its principal place of business at 10 Gerstein Street, Croton-on-Hudson, New York 10520 (hereinafter referred to as the “Sending School District”) and the Hendrick Hudson Central School District, having its principal office at 61 Trolley Road, Montrose, New York 10548 (hereinafter referred to as the “Receiving School District”). WHEREAS, the Sending School District has need of an appropriate placement for the student identified in Schedule A (hereinafter referred to as the “Student”), who has been identified by the Sending School District as a student with a disability; and WHEREAS, the Sending School District has determined that the Receiving School District has a program which is appropriate for the Student; and WHEREAS, the Receiving School District is willing to accept the Student as a student in a Special Education Program subject to the provisions of this Agreement. NOW, THEREFORE, the parties mutually agree as follows: 1. The Sending School District hereby agrees to place the Student in a Special Education Program, beginning September 2, 2025 through June 25, 2026. 2. The Receiving School District agrees to provide the services set forth in the Student’s 2025-2026 Individualized Education Program (hereinafter, “IEP”) as it exists on the start date of this Agreement, with the exception of assistive technology, subject to any limitations noted in the Receiving Schoo! District’s letter accepting the Student. Sending School District shall provide any assistive technology set forth in the IEP. Implementation of any modification to the Student(s)’s IEP after the start date of this Agreement that adds new programs or Services or increases the duration or frequency of existing programs or related services will be the responsibility of Sending School District unless the Receiving School District is willing and able to staff the new and/or modified programs and/or services with existing service providers. 3. The Sending School District agrees to pay to the Receiving School District for the educational services to be provided to the Student an annual tuition of $79,357 which sum shall be paid by June 30". Based on NYSED Non-Resident Tuition rate (per attached) plus |:1 Aide, if applicable, or any additional special apparatus required by the Students JEP. If the current year’s NRT rate is not final, there may be an amended invoice once the rate becomes fina). 4. If the Sending District disputes the content of any invoice received from the Receiving School District, the Sending District must notify the Receiving School District of the dispute within twenty (20) days of its receipt of the invoice. 5. The Sending School District shall obtain whatever releases, prescriptions, authorizations or any other documents that are necessary for the Receiving School District to provide the services set forth in the Student’s IEP. 6. The Receiving School District agrees to report to the Sending School District on the progress of the child on a regular basis; however, the Sending Schoo) District may request written reports no more often than three times yearly for grades K-5 and quarterly at the secondary level during the school year. 7. The Receiving School District agrees to permit a representative or representatives of the Committee on Special Education of the Sending School District to visit the program in which the Student is enrolled if reasonable prior notice of the visit is provided to the Receiving School District. 8. The Receiving School District reserves the right to suspend the Student from its program if the Student violates the Code of Conduct of Receiving School District. The Receiving School District agrees that all disciplinary measures for disabled students will be conducted in accordance with applicable Federal, New York State and local laws, rules and regulations. To the extent practicable Receiving School District shall notify Sending School District prior to determining to suspend the Student. When prior notice is not practicable, the Receiving School District shall notify the Sending School District of its suspension of the Student within 24 hours. In the event that a hearing is required for the suspension under Education Law Section 3214, the Sending and Receiving Schoo] Districts shall mutually agree on which Schoo! District shall conduct the hearing. If the Sending and Receiving School Districts are unable to reach an agreement, Receiving School District reserves the right to conduct the hearing. If a manifestation team meeting is required as a result of or in conjunction with the suspension, the Sending School District shall promptly convene a manifestation team meeting regardless of which School District conducts the hearing (if a hearing is required). 9. The Receiving School District agrees to comply with al] federal and state statutes and regulations regarding the provision of educational services to students. -2- I 10. Nothing contained herein, however, shall serve to transfer responsibilities for the Student from the Sending School District to the Receiving School District except | for the provision of the educational services contracted for herein. . II. The Receiving School District agrees to make relevant personnel available to | participate by telephone in meetings of the Sending School District’s Committee | on Special Education if reasonable prior notice of such meetings is provided to the Receiving District. 12. Transportation of the Student to and from school is the Sending School District’s | responsibility. . 13. ‘It is understood and agreed that this Agreement is for the 2025-2025 school year | only, and that at the end of such school year the Receiving Schoo! District may | notify the Sending School District that jt cannot or will not continue to provide a | placement for the child, whereupon the Receiving School District shall have no further obligation to provide a placement, any Program(s) or any services to the : Student. | 14. Nothing herein shall be construed from preventing either party from taking such action as it may deem necessary, reasonable or appropriate in the case of a student whose continued presence in the educational program would constitute a danger to others, to himself, or to property, sufficiently serious to warrant immediate . protective action. 15. The Receiving School District warrants and agrees that members of its staff who have contact with Sending School District’s students shall have the appropriate ! fingerprinting and background checks in accordance with Part 87 of the Regulations of the New York State Commissioner of Education. 16. In the event that the parent or person in parental relation to the Student recciving services pursuant to this Agreement files a request for an impartial hearing or administrative complaint or initiates litigation in connection with such Services, the party receiving such request, complaint or litigation shall promptly give written notice of same to the other party. The parties further agree that the terms | Set forth in this paragraph shall survive the expiration and/or termination of this Agreement. | 17. All employees of Receiving School District shall be deemed employees of Receiving School District for all purposes and Receiving School District alone Shall be responsible for their work, personal conduct, direction, and compensation. Receiving School District acknowledges that it will not hold itself, its officers, employees and/or agents out as employees of Sending School District. Receiving School District is retained by Sending School District only for the ; purposes and to the extent set forth in this Agreement, and its relationship to ' Sending School District shall, during the periods of its services hereunder, be that of an independent contractor. The parties further agree that the terms and ; -3- | conditions set forth herein shall survive the expiration and/or termination of this Agreement. 18. The parties, their employees, and/or agents agree that all information obtained in connection with the services provided for in this Agreement is deemed confidential information. The parties, their employees, and/or agents shall not use, publish, discuss, disclose or communicate the contents of such information, directly or indirectly with third parties, except as provided for in this Agreement. Receiving School District further agrees that any information reccived by Receiving School District, its employees, and/or agents during the course of the services provided pursuant to this Agreement which concerns the personal, financial, or other affairs of Sending School District, its employees, agents, clicnts, and/or students will be treated by Receiving School District, its employees, and/or agents in full confidence and will not be revealed to any other persons, firms, or organizations. Sending School District further agrees that any information received by Sending School District, its employees, and/or agents during the course of the services provided pursuant to this Agreement which concems the personal, financial, or other affairs of Receiving School District, its employees, agents, clients, and/or students will be treated by Sending School District, its employees, and/or agents in full confidence and will not be revealed to any other persons, firms, or organizations. The parties further agree that the terms and conditions set forth herein shall survive the expiration and/or termination of this Agreement. 19. This Agreement may be terminated by either party upon thirty (30) days written notice to the other. Upon such termination, the Receiving School District shal] be paid for all services provided in accordance with this Agreement through the date of termination. 20. The Sending School District agrees to indemnify, defend and hold harmless the Receiving School District, its officers, directors, agents, administrators, elected officials or employees from any claims, liabilities, suits, proceedings, costs, damages, expenscs and actions, including reasonable attorney’s fees, arising from any willful, reckless, or negligent acts or omissions of the Sending School District, its officers, directors, agents, administrators, elected officials or employees. The obligations pursuant to this paragraph shall survive the termination of this Agreement. 21. The Receiving School District agrees to indemnify, defend and hold harmless the Sending School District, its officers, directors, agents, administrators, elected officials or employees from any claims, liabilities, suits, proceedings, costs, damages, expenses and actions, including reasonable attomey’s fees, arising from any willful, reckless, or negligent acts or omissions of the Receiving School District, its officers, directors, agents, administrators, elected officials or employees. The obligations pursuant to this paragraph shall survive the termination of this Agreement. -4- 22. No failure by either party to insist upon the strict performance of any term, covenant, agreement or provision of this Agreement or to exercise any right or remedy upon a breach thereof, and no performance of any services by the other party during the continuance of any such breach, shall constitute a waiver of any such breach or of any such term, covenant, agreement or provision. 23. No amendment, change or modification of this Agreement shall be valid unless in writing, signed by the parties hereto. 24. This Agreement constitutes the entire understanding and agreement between the parties and any and all prior agreements, understandings and representations are merged herein and are of no further force and effect. 25. This Agreement shall be govemed by the laws of the State of New York. Any litigation between the parties shall be venued in an appropriate court located in Westchester County, New York. IN WITNESS WHEREOF, the Board of Education of the Sending School District and the Board of Education of the Receiving School District have authorized this Agreement to be signed by each of its respective officials. HENDRICK HUDSON CENTRAL SCHOOL DISTRICT Board President or District Clerk Date CROTON-HARMON SCHOOL DISTRICT By Board President or District Clerk Date -5- | | Attachment A | Student: Mairead Beyrer 2025-2026 Tuition Rate: 79,357 | | i | | | | | | -6-