Documents › Board of Education, 2026-08-27

agreement 5 pages Scanned/OCR — text may contain errors

Also attached to this agenda item: Agreement for Services Green Chimneys 2026-2027 (816 KB) MAG Business Operations Contract 2026-27 (461 KB) MAG STAC Contract 2026-2027 (496 KB) Special Education Agreement for Services

The Karafin School 272 N. Bedford Road Mount Kisco, New York 10549 2026-2027 CONTRACT FOR EDUCATIONAL SERVICES AGREEMENT made by and between The Karafin School, Inc. at 272 N. Bedford Road, Mt. Kisco, New York 10549 in the County of Westchester, State of New York (hereinafter referred to as the “Receiving School”) and the Croton-Harmon Union Free School District (hereinafter referred to as the “Sending School District”). WITNESSETH: WHEREAS, in accordance with the Individuals with Disabilities Education Improvement Act and Article 89 of the New York Education Law, the Sending School District has need of an appropriate placement for its Student(s), resident of Sending School District (hereinafter referred to as the “Student” or “Students”); and WHEREAS, the Sending Schoo! District's Committee on Special Education (CSE) has determined that the Receiving School has an appropriate program for this Student; and WHEREAS, the Receiving School has space available in the above-referenced program and is willing to accept the child as a non-resident Student, subject to the provisions of this Agrecment; and WHEREAS, in accordance with Education Law § 4401 (2)(b ), a board of education is authorized to contract with other districts for the provision of special education services. WHEREAS, the Receiving School is willing to accept the Student as enrolled in its Program (hereinafter “Program”) subject to the provisions of this Agreement. NOW, THEREFORE, the parties mutually agree as follows: 1, The Sending School District hereby agrees to accept and place Students in the Program, beginning July 1, 2026 (or such later date as may be authorized by the Receiving School) through June 30, 2027. 2. The Receiving School agrees to provide the services described in the Students’ 2026-2027 Individualized Education Program (hereinafter, “IEP”) as it exists on the start date of this Agreement, subject to any COVID-19 related modifications established by Receiving School applicable to all Students attending the Program. Sending School District shall provide any assistive technology set forth in the IEP. Implementation of any modification to the Students’ 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 Schoo! District unless the Receiving School is willing and able to staff the new and/or modified programs and/or services with existing service providers. 3. In full consideration for the services to be rendered by Receiving School to Sending School District for the period of this Agreement, upon presentment of an invoice by Receiving School, Sending School District will pay to Receiving School for each child the tuition rate as set by the State Education Department. If the tuition rates for this school year are not available at the beginning of that school year, Sending School District shall, as set by the State Education Department, pay the rates applicable to the previous school year until new rates are set, at which time the parties shal! adjust future tuition payments so that Receiving School will be paid in accordance with the rates applicable to that current. 4. If the Sending District disputes the content of any invoice received from the Receiving School, the Sending District must notify Receiving School of the dispute within twenty (20) calendar 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 Receiving School to provide the services set forth in the Students’ IEP. 6. The Receiving School agrees to report to the Sending School District on the progress of the child on a regular basis; however, the Sending School 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 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 Recciving School. 8. The Receiving School reserves the right to suspend a Student from its program if the Student violates the Code of Conduct of Receiving School. The Receiving School 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 shall notify Sending School District prior to determining to suspend the Student. When prior notice is not practicable, the Receiving School shall notify the Sending School District of its suspension of the Student within 24 hours. In the cvent that a hearing is required for the suspension under Education Law Section 3214, the Sending School Districts shall 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. 9. The Receiving School agrees to comply with all federal and state statutes and regulations regarding the provision of educational services to students. : -2- 10. Nothing contained herein, however, shall serve to transfer responsibilities for the Student from the Sending School District to the Receiving School except for the provision of the educational services contracted for hercin. 11. The Receiving School 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 School. 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 2026-2027 school year only, and that at the end of such school year the Receiving School may notify the Sending School District that it cannot or will not continue to provide a placement for the child, whereupon the Receiving School 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 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 receiving 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 shall be deemed employees of Receiving School for all purposes and Receiving School alone shall be responsible for their work, personal conduct, direction, and compensation. Receiving School acknowledges that it will not hold itself, its officers, employees and/or agents out as employees of Sending School District. Receiving School 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 conditions set forth herein shall survive the expiration and/or termination of this Agreement. -3- 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 further agrees that any information reccived by Receiving School, 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, clients, and/or students will be treated by Receiving School, 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. The Sending School, being mindful of the privacy rights of students and faculty in the Sending School District, agrees to strictly maintain the confidentiality of any information it receives in the performance of the services under this Agreement. In the event that the Receiving School fails to comply with this provision, the Agreement shall be immediately terminated upon written notice to the Receiving School and this Agreement shall be null and void, and of no further effect. The Receiving School may not perform work for the Sending School District thereafter, for a period of five years. In addition, the Receiving School agrees, to the maximum extent required by law, to strict compliance with Sections 2-c and 2-d of the New York State Education Law and with the attached Parents’ Bill of Rights for Data Security with respect to the privacy requirements applicable to student information, classroom teacher information and building principal information that comes within the Receiving School’s possession and control as maybe defined in said laws. This obligation, if applicable, shall include, but not be limited to the requirements of training its employees who are assigned to perform services under this agreement in the privacy provision of said law. 20. | This Agreement may be terminated by either party upon thirty (30) days written notice to the other. Upon such termination, Receiving School shall be paid for all services provided in accordance with this Agreement through the date of termination. 21. | The Sending School District agrees to indemnify, defend and hold harmless the Receiving School, 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 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. -4- 22. The Receiving School 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 attorney’s fees, arising from any willful, reckless, or negligent acts or omissions of the Receiving School, its officers, directors, agents, administrators, or employees. The obligations pursuant to this paragraph shall survive the termination of this Agreement. 23. 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. 24. | No amendment, change or modification of this Agreement shall be valid unless in writing, signed by the parties hereto. 25. 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. 26. | This Agreement shall be governed 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 Receiving School have authorized this Agreement to be signed by cach of its respective officials. THE KARAFIN SCHOOL, INC. ~ ee Date Name: Gerardo Pelayo Garcia-Braxton Title: Executive Director CROTON-HARMON UNION FREE SCHOOL DISTRICT By Board President or District Clerk Date -5-