Documents › Board of Education, 2026-08-06

agreement 6 pages Scanned/OCR — text may contain errors

Also attached to this agenda item: Instructional Service Agreement Byram Hills CSD (981 KB) Special Education Agreement for Services

CONTRACT FOR EDUCATIONAL SERVICES AGREEMENT made by and between the Board of Education of the Mt. Pleasant Cottage School Union Free School District, having its principal office at 1075 Broadway, PO Box 8, Pleasantville, New York 10570 (hereinafter the “Receiving School District”) and the Croton-Harmon Union Free School District having its principal office at 19 Gerstein St., Croton-on-Hudson, New York 10520 (hereinafter the“Sending School District”). WITNESSETH: WHEREAS the Sending School District has need of an appropriate placement for the Student, a child (the “Student’’) with a disability, as set forth in Appendix “A” (the Student’s IEP); and WHEREAS the Committee on Special Education (CSE) of the Sending School District has determined that the Receiving School District’s Program is appropriate for the Student; and WHEREAS the Receiving School District is willing to accept the Student as a student in its Program during the 2026-2027 school year, subject to the provisions of this Agreement. NOW, THEREFORE, in consideration of the premises and of the mutual covenants herein contained, IT IS AGREED as follows: 1. The Sending School District hereby agrees to place the Student in the Receiving School District’s Program for the year 2026-2027, from July 1, 2026 through June 30, 2027, unless sooner terminated in accordance with this Agreement. It is understood that neither the Receiving School District nor the Sending School District is under any obligation to renew this Agreement upon its expiration. 2. The Sending School District agrees to pay the Receiving School District for this service the final special education non-resident annual tuition rate set or approved by the New York State Education Department for the 2026-2027 school year and, until such tuition rate is available, the Sending School District will pay the Receiving School District the most recent special education non-resident tuition rate set or approved by the New York State Education Department. When the final special education non-resident tuition rate is set or approved by the New York State Education Department for the 2026-2027 school year is available, if it is higher than the most recent rate, the Sending School District agrees to pay the difference in the rates within thirty (30) days following the receipt of an invoice for such difference from the Receiving School District. Such invoice shall document the calculation of the difference. Ifthe final rate for 2026-2027 school year is lower than the most recent rate, the Receiving School District agrees to remburse the Sending School District for any overpayment through a refund payment and/or a credit on any unpaid invoice for the 2026-2027 school year. The Receiving School District shall provide a statement to the Sending School District that documents the calculation of the overpayment. The full amount of this tuition shall be paid by the Sending School District to the Receiving School District on or before July 15, 2027. 3. The Sending District shall pay Receiving District within thirty (30) days of receipt of each invoice by Sending District. 4. In addition to the tuition set forth in Paragraph 2, above, the Sending School District agrees to pay to the Receiving School District for the Regional Weighted Average Per Diem Tuition Rates for 1:1 Teacher Aides, provided by NYSED for a 1:1 teaching assistant or teacher aide, if required by the Student’s Individualized Education Plan (IEP). 1 5. The Receiving School District will charge for and the Sending School District will pay for any requested evaluations that are deemed necessary by the Sending School District’s CSE, as well as any assistive technology and/or instructional equipment as set forth in the Student’s IEP. Any such charges are due within thirty (30) days of presentation of an invoice by the Receiving School District to the Sending School District indicating the evaluation rendered and assistive technology and/or instructional equipment provided. 6. The Receiving School District agrees to provide the programs and services as set forth in the Student’s IEP at the start of the 2026-2027 school year. If the Student’s IEP subsequently is amendedby the Sending School District, the Receiving School District shall be given an opportunity to reviewany such changes to determine if the Receiving School District’s Program can continue to provide anappropriate educational placement for the Student and, if so, ifthe modifications to the IEP will causeany additional charges to the Sending School District. The Receiving School District shall notify theSending School District of its determination within ten (10) business days of being informed of the modifications to the IEP. Any agreement with respect to additional charges to the Sending School District as a result of the modifications to the Student’s IEP shall be in writing and shall be made anaddendum to this Agreement. 7. The Receiving School District agrees to report to the Sending School District on the progress of the Student as requested. The Sending School District may request written reports no more often than quarterly at the secondary level during the school year. The Receiving School District shall maintain daily attendance records which shall be submitted to the Sending School District at the end of each month. If the Student has been absent for a period of five or more consecutive days, the attendance record shall indicate the reason for that absence if known to the Receiving School District. 8. The Receiving School District hereby agrees to furnish New York State with all reports, audits, etc. and with access to all relevant records which New York State requires to determine either the Receiving School District’s or the Sending School District’s compliance with applicable Federal or State statutes or regulations, which regulate either the execution of the Agreement or the performance of obligations under the Agreement. The Receiving School District agrees to retain all materials and records relevant to the execution or performance of the Agreement in accordance with State and Federal laws and regulations concerning the retention of student records, but in no event less than six (6) years from the date of this Agreement. 9. The Receiving School District agrees to permit a representative or representatives of the CSE of the Sending School District to visit the program in which the Student is enrolled on reasonable prior notice to the Receiving School District. 10. The education provided by the Receiving School District shall be reasonably calculated to be appropriate to the physical, academic, social and management needs of the Student and shall comply with all Federal and State statutes and regulations regarding the provision of educational services to students with disabilities, subject to the provisions of Paragraph “11” below. The Receiving School District agrees to provide the programs and services in the Student’s JEP using only professionals certified by the New York State Education Department. 11. 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 particular special education services contracted herein and any related ancillary duties such as report cards, progress reports, parent-teacher conferences, etc. 12. The Receiving School District will endeavor to make available appropriate staff member(s) who provide services to the Student to participate by telephone in CSE meetings of the Sending School 2 District concerning the Student to report on the Student’s present levels of performance and to assist the CSE in developing appropriate recommendations for the Student’s IEP, if reasonable prior notice of such CSE meetings is provided to the Receiving School District by the Sending School District. In the event an alternate meeting date is required due to staff unavailability, the Receiving School District will notify the Sending School District promptly. 13. Transportation to and from the Receiving School District is the Sending School District’s responsibility. 14. The Receiving School District represents and warrants that members of its staff who have contact with the Student shall have appropriate fingerprinting and background checks in accordance with Part 87 of the Regulations of the Commissioner of Education. 15. It is understood and agreed that this Agreement is for the 2026-2027 school year only and that prior to the next school year, the Receiving School District may notify the Sending School District that it cannot or will no longer provide an appropriate placement for the Student. Following the expiration or termination of this Agreement, the Receiving School District shall have no further obligation to provide a placement, programs or services to the Student, except as required by State and Federal law and regulations when the parent/guardian of the Student invokes pendency as part of an impartial hearing request. Should the Receiving School District and the Sending School District agree that the Student shall be placed in the Receiving School District in any subsequent year or years, tuition will adjust from one year to the next. 16. In the event that the parent or person in parental relation to a student(s) 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 Receiving School District and Sending School District shall promptly give written notice of same to the other. 17. 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/herself, or to property, sufficiently serious to warrant immediate protective action. 18. Both parties further agree that they shall defend, indemnify and hold harmless the other party to this Agreement, including its officers, directors, agents and employees, for all loss, costs, damages and expenses, including reasonable attorneys’ fees, judgments, fines and amounts paid in settlement in connection with a terminated, pending or completed action, suit or proceeding arising from any act, error Or omission, misstatement, misleading statement, neglect or breach of duties by either party to this Agreement or any of its officers, directors, agents or employees taken or made with respect to this Agreement. 19. The Receiving School District, at its sole expense, shall procure and maintain such policies of commercial general liability and other insurance as shall be necessary to cover acts and omissions of the Receiving School District, its officers, agents, employees and volunteers in providing the programs and services to Student on behalf of the Sending School District. The Receiving School District agrees to effectuate the naming of the Sending School District as an unrestricted additional insured on the Receiving School District’s insurance policies, with the exception of workers’ compensation. If the policy is written on a claims-made basis, the retroactive date must precede the date of this Agreement. The policy naming the Sending School District as an additional insured shall: a. Be purchased from an A.M. Best rated "secured" insurer, authorized to conduct business in New York State. b. Contain a 30-day notice of cancellation. 3 c. State that the organization's coverage shall be primary coverage for the Sending School District, its Board of Education, employees and volunteers. d. The Sending School District shall be listed as an additional insured by using endorsement CG 2026 or equivalent. The certificate must state that this endorsement is being used. If another endorsement is used, a copy shall be included with the certificate of insurance. e. The Receiving School District agrees to indemnify the Sending School District for any applicable deductibles or self-insured retentions. f. Required Insurance: ¢ Commercial General Liability Insurance: $1,000,000 per occurrence/ $2,000,000 aggregate. e Automobile Liability: $1,000,000 combined single limit for owned, hired and borrowed, and non-owned motor vehicles. e Workers' Compensation: Statutory Workers' Compensation and Employers’ Liability Insurance for all employees. g. The Receiving School District shall provide the Sending School District with evidence of the above insurance requirements upon execution of this Agreement. 20. The Sending School District, at its sole expense, shall procure and maintain such policies of commercial general liability and other insurance as shall be necessary to cover the acts and omissions of the Sending School District, its officers, agents, employees and volunteers with respect to the Student. The Sending School District agrees to effectuate the naming of the Receiving School District as an unrestricted additional insured on the Sending School District’s insurance policies, withthe exception of workers’ compensation. If the policy is written on a claims-made basis, the retroactive date must precede the date of this Agreement. The policy naming the Receiving School District as an additional insured shall: a. Be purchased from an A.M. Best rated "secured" insurer, authorized to conduct business in New York State. b. Contain a 30-day notice of cancellation. c. State that the organization's coverage shall be primary coverage for the Sending School District, its Board of Education, employees and volunteers. d. The Receiving School District shall be listed as an additional insured by using endorsement CG 2026 or equivalent. The certificate must state that this endorsement is being used. If another endorsement is used, a copy shall be included with the certificate of insurance. e. The Receiving School District agrees to indemnify the Sending School District for any applicable deductibles or self-insured retentions. f. Required Insurance: e Commercial General Liability Insurance: $1,000,000 per occurrence/ $2,000,000 aggregate. ® Automobile Liability: $1,000,000 combined single limit for owned, hired and borrowed, and non-owned motor vehicles. e Workers’ Compensation: Statutory Workers' Compensation and Employers' Liability Insurance for all employees. g. The Sending School District shall provide the Receiving School District with evidence of the above insurance requirements upon execution of this Agreement. 21. Subject to the right of the Student’s parent/guardian to invoke pendency as part of an impartial hearing, this Agreement may be terminated by either party for failure of either party to abide by all of the terms and conditions of this Agreement. 4 22. If this Agreement is terminated by either party on at least 15 days written notice to the other party, the tuition charges and 1:1 teaching assistant/aide charges shall be reduced and the Sending School District shall only be required to pay for the portion of the annual charges attributable to the number of days the Student was enrolled in the Receiving School District’s program and services by the Sending School District. If, as of the effective date of termination, the Sending School District has paid the Receiving School District more than the reduced charges, then the Receiving School District shall refund the amount of the overpayment to the Sending School District. 23. This Agreement may not be altered, varied or contradicted except by a similar writing executed by both of the parties to this Agreement. 24. Any notices to be given under this Agreement by either party to the other must be in writing and delivered personally or by mail, certified, postage prepaid, return receipt requested or by overnight service to each party’s respective Superintendent of Schools at the addresses set forth at the beginning of this Agreement. Each party may change their address for receipt of notices by written notice in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated as of three (3) days after mailing; and notices sent by overnight service will be deemed communicated as of one (1) business day after the date sent. 25. The Receiving School District, its employees, and/or agents agree that all information obtained in connection with the services provided for in this Agreement is deemed confidential information. The Receiving School District, its 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 or as permitted by law. 26. Services provided pursuant to this Agreement shall be provided without regard to actual or perceived race, creed, color, weight, gender, sex, sexual orientation, national origin, ethnic group, religious practice, religion, age or disability. 27. Neither party shall assign, transfer or convey any of its respective rights or obligations under this Agreement. 28. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, void or illegal, such provision shall be of no force and effect and shall not impair the enforceability and continued validity of any other provision of this Agreement. 29. This Agreement shall be construed at all times in accordance with and governed by the laws of the State of New York without reference to conflict of laws rules. Any such claims or causes of action arising out of or in connection with this Agreement shall be commenced in Supreme Court of the State of New York, Westchester County. 30. This Agreement is subject to the approval of the Boards of Education of the Sending School District and the Receiving School District. 31. No failure by the 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 shall constitute a waiver of any such breach or of any such term, covenant, agreement or provision, and no acceptance by the Receiving School District of any fees or tuition during the continuance of any such breach, shall constitute a waiver of any such breach or of any such term, covenant, agreement or provision. 5 32, 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. 33. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same agreement. An executed counterpart transmitted by facsimile or scanned and transmitted by email, when so delivered, shall be deemed an original. 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, as signified by the signature of the respective officials. Receiving School District, Mt. Pleasant Cottage School Union Free School District By: Mount Pleasant Cottage School UFSD Superintendent of Schools Date Sending School District, Croton-Harmon Union Free School District By: ———————— Superintendent or President of the Board of Education Date (Croton-Harmon Union Free School District) Approved on by the Mt. Pleasant Cottage School Union Free School District Board of Education. 8g AtUTE) District Clerk, Mt. Pleasant Cottage School Union Free School District Board of Education 6