Documents › Board of Education, 2026-06-04

agreement 9 pages Scanned/OCR — text may contain errors

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

Tl ERVICE ENT By and Between Croton-Harmon UFSD and Yorktown CSD THIS AGREEMENT made this Ist day of July, 2026 by and between the BOARD OF EDUCATION OF THE YORKTOWN CENTRAL SCHOOL DISTRICT (hereinafter referred to as the “SENDING SCHOOL DISTRICT”), having its principal place of business located at 2725 Crompond Road, Yorktown Heights, NY 10598, and the BOARD OF EDUCATION OF THE CROTON-HARMON UNION FREE SCHOOL DISTRICT (hereinafter referred to as the “RECEIVING SCHOOL”), having its principal office at 10 Gerstein Street, Croton-on-Hudson, NY 10520. WITNESSETH: WHEREAS, pursuant to Education Law § 4402(2)(b)(2), the SENDING SCHOOL DISTRICT is authorized by law to contract for special education programs and services for students resident in its own district and in need of such services with other public school districts, boards of cooperative educational services (“BOCES”), private schools approved by the Commissioner of Education and special act school districts; and WHEREAS, the SENDING SCHOOL DISTRICT desires that RECEIVING SCHOOL DISTRICT provide instruction to a student to be enrolled through this Agreement in a program operated by RECEIVING SCHOOL DISTRICT; and WHEREAS, RECEIVING SCHOOL DISTRICT is willing to accept the student(s) as sct forth on their Individualized Education Program (“IEP”), subject to the provisions of this Agreement, NOW THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties hercto mutually agree as follows: I. TERM OF AGREEMENT: This Agreement shall be in effect for the period of July 1, 2026 to June 30, 2027 unless terminated earlier, as set forth herein. 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 DISTRICT shall have no further obligation to provide a placement, program or services for the student/students covered by this agreement. 2. SCOPE OF SERVICES: During the term of this Agreement, the RECEIVING SCHOOL DISTRICT shall provide a special education program and/or services to the student(s) covered by this Agreement pursuant to each student’s IEP. RECEIVING SCHOOL DISTRICT shall provide adequate instruction, related services and/or a facility to the student(s) during the term of this Agreement. The education provided by RECEIVING SCHOOL DISTRICT shall be appropriate to the mental ability and physical condition of the student(s), and in accordance with Commissioner’s Regulations, all applicable Federal, State and local statutes, rules and ordinances. The RECEIVING SCHOOL DISTRICT agrees to provide services in accordance with the regulations of the New York Commissioner of Education and of the Board of Regents, using only professionals certified by the New York State Education Department. The RECEIVING SCHOOL DISTRICT agrees to provide the student who is the subject of this Agreement with the special education program(s) and/or related service(s) in accordance with each student’s IEP, as it exists on the start date of this Agreement. In the event that the SENDING SCHOOL DISTRICT, upon the recommendation of its CSE, wishes to modify the instructional program and/or related services (i.e. type, frequency and/or location) provided to the student(s) during the term of the Agreement, the SENDING SCHOOL DISTRICT shall present its request for such modification(s) to the RECEIVING SCHOOL DISTRICT. The RECEIVING SCHOOL DISTRICT shall review such request and shall determine whether it is willing and able to implement such request with existing instructional staff and/or service providers. If the RECEIVING SCHOOL DISTRICT declines to implement such modification request, the SENDING SCHOOL DISTRICT is responsible for the implementation of such modification. The RECEIVING SCHOOL DISTRICT shall notify the SENDING SCHOOL DISTRICT of its determination within ten (10) business days and shall advise same of any changes in cost associated with any modification(s) made to the program and/or services. Any agreement with respect to an increase or decrease in related services or change of program shall be in writing and shall be made an addendum to this Agreement. 3. PAYMENT SCHEDULE: In full consideration for the cducational services to be rendered by the RECEIVING SCHOOL DISTRICT to the SENDING SCHOOL DISTRICT for the period of this Agreement, upon presentment of an invoice by the RECEIVING SCHOOL DISTRICT, the SENDING SCHOOL DISTRICT will pay to the RECEIVING SCHOOL DISTRICT for each student the tuition rate sct by the New York State Education Department. If the tuition rates for this school year are not available at the beginning of the school year, the SENDING SCHOOL DISTRICT shall pay the rates applicable to the previous school year until new rates are set, at which time the parties shall adjust future tuition payments so that the RECEIVING SCHOOL DISTRICT will be paid in accordance with the rates applicable to the current school year. If the SENDING SCHOOL DISTRICT’s CSE recommends assistive technology, the costs to provide and operate such technology shall be paid by the SENDING SCHOOL DISTRICT. 4. INVOICES: RECEIVING SCHOOL DISTRICT will submit an invoice for services rendered on a monthly basis, and payment to RECEIVING SCHOOL DISTRICT shall be made within thirty (30) days from receipt of invoice from RECEIVING SCHOOL DISTRICT. 5. INDEPENDENT_CONTRACTOR: 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 -2- 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. RECEIVING SCHOOL DISTRICT shall not be considered as having employee status and shall not be entitled to participate in any of SENDING SCHOOL DISTRICT’s workers’ compensation, retirement, fringe benefits, unemployment insurance, liability insurance, disability insurance, or other similar employee benefit programs. Similarly, RECEIVING SCHOOL DISTRICT, its officers, its employees and/or agents shall not be considered as having employee status for the purposes of any other rights, privileges or benefits derived from employment by SENDING SCHOOL DISTRICT. RECEIVING SCHOOL DISTRICT agrees that this Agreement does not confer benefits of any nature whatsoever upon it other than payment for services provided herein. 6. RESPONSIBILITY FOR PAYMENT OF SERVICES: No parent or guardian or any other person shall be required to make any payment for services on behalf of any student covered by this Agreement. RECEIVING SCHOOL DISTRICT and its employees shall not share or accept any fee or gratuity from the student or student’s family for service provided pursuant to this Agreement. 7. SCHOOL DISTRICT’S RIGHT TO EXAMINE ACCOUNTING RECORDS: SENDING SCHOOL DISTRICT shall have the right to examine any and all accounting records of RECEIVING SCHOOL DISTRICT as they pertain to tuition and related service costs. For purposes of this Agreement, the definition and calculation of enrollment and attendance shall be determined by SENDING SCHOOL DISTRICT, in accordance with section 175.6 of the Regulations of the Commissioner of Education. 8. SAVE LEGISLATION: RECEIVING SCHOOL DISTRICT understands and agrees that it is responsible for complying with all applicable Federal, State, local statutes, rules, and ordinances including the New York State Safe Schools Against Violence in Education (SAVE) legislation. RECEIVING SCHOOL DISTRICT further agrees and understands that all individuals providing services under this Agrecment must be cleared by the New York State Education Department in accordance with the provisions contained in the SAVE Legislation prior to providing services to SENDING SCHOOL DISTRICT. In the event that RECEIVING SCHOOL DISTRICT utilizes a provider who has not obtained fingerprinting clearance with the New York State Education Department, SENDING SCHOOL DISTRICT shall have the right to immediately terminate this Agreement. 9. ATTENDANCE RECORDS: RECEIVING SCHOOL DISTRICT shall maintain daily attendance records which shall be submitted to SENDING SCHOOL DISTRICT at the end of each month. If a student has been absent for a period of five (5) or more consecutive days, the attendance record shall indicate the reason for that absence. 10. REPORTS OF STUDENTS: SENDING SCHOOL DISTRICT shall obtain whatever releases or other legal documents that are necessary in order that RECEIVING SCHOOL DISTRICT may render full and complete reports concerning the education and progress of the student(s) covered by the terms of this Agreement. -3- 11. REPORTS TO STATE: RECEIVING SCHOOL DISTRICT hereby agrees to furnish to the State all reports, audits, etc. required to make determinations as to eligibility under the provisions of the Regulations of the Commissioner of Education. Such matcrials shall be furnished at such times as are required by the State. Failure to submit required materials within ten (10) days of demand or as required by regulations shall constitute grounds for the SENDING SCHOOL DISTRICT to terminate this Agreement. RECEIVING SCHOOL DISTRICT agrees to provide the State access to all relevant records which the State requires to determine either RECEIVING SCHOOL DISTRICT’s or SENDING SCHOOL DISTRICT’s compliance with applicable Federal or State statutes or regulations with the effect of law, which regulate either the execution of the Agreement or the performance of obligations under the Agreement. RECEIVING SCHOOL DISTRICT agrees to retain all materials and records relevant to the execution or performance of the Agreement for at least six (6) years from the date of this Agreement. 12, REPORTS TO SCHOOL DISTRICT: RECEIVING SCHOOL DISTRICT hereby agrecs to furnish written reports of the student’s educational progress to SENDING SCHOOL DISTRICT at any time that such reports are made to the parents of the student covered by the terms of this Agreement and will furnish an annual progress report regarding the student's performance at RECEIVING SCHOOL DISTRICT. 13. COMMISSIONER/ VISITS: RECEIVING SCHOOL DISTRICT shall be subject to the visitation of the Commissioner of Education or his/her designated representative(s). 14. VISITS BY SENDING SCHOOL DISTRICT: The RECEIVING SCHOOL DISTRICT agrees to permit a representative or representatives of the Committee on Special Education of the SENDING SCHOOL DISTRICT to visit RECEIVING SCHOOL DISTRICT and observe SENDING SCHOOL DISTRICT’s student in the program in which the student is enrolled at RECEIVING SCHOOL DISTRICT if reasonable prior notice of the visit is provided to RECEIVING SCHOOL DISTRICT. 15. CSE MEETINGS: The RECEIVING SCHOOL DISTRICT agrees to make relevant personncl available to participate in person or by telephone or by video conference in meetings of the SENDING SCHOOL DISTRICT’s Committee on Special Education for the student(s) enrolled in RECEIVING SCHOOL DISTRICT by SENDING SCHOOL DISTRICT if reasonable prior notice of such meetings if provided to the RECEIVING SCHOOL DISTRICT. 16. STUDENT DISCIPLINE: RECEIVING SCHOOL DISTRICT agrees that all disciplinary measures for disabled students will be conducted in accordance with applicable Federal, State and local laws, rules and regulations. 17. STUDENT TRANSPORTATION: The SENDING SCHOOL DISTRICT shall be responsible for providing the student(s) covered by this Agreement with transportation to and from school. -4- 18. STUDENT PRESCRIPTIONS: Where applicable, SENDING SCHOOL DISTRICT shall obtain all medical prescriptions, releases, authorizations and other documents from the parent/guardian of the student that are necessary for RECEIVING SCHOOL DISTRICT to provide the services set forth in the student(s)’s IEP. SENDING SCHOOL DISTRICT shall forward copies of such prescriptions, releases, authorizations and other documents to RECEIVING SCHOOL DISTRICT. 19. TERMINATION FOR CAUSE: This Agreement may be terminated for cause by either party upon thirty (30) days written notice to the other party. In the event of such termination, the parties will adjust the accounts due and payable to RECEIVING SCHOOL DISTRICT for services rendered. RECEIVING SCHOOL DISTRICT will not incur any additional expenses upon receipt of SENDING SCHOOL DISTRICT’s notification that RECEIVING SCHOOL DISTRICT’s services have been terminated. Upon any such termination, the parties shall endeavor in an orderly manner to wind down activities hereunder. In the event of termination, all reports and services due to SENDING SCHOOL DISTRICT must be completed by RECEIVING SCHOOL DISTRICT within thirty (30) days of the termination date. Following the expiration or termination of this Agreement, RECEIVING SCHOOL DISTRICT shall have no further obligation to provide a placement, a program or any services to the SENDING SCHOOL DISTRICT’s student(s) enrolled through this Agreement. 20. TERMINATION FOR CONVENIENCE: This Agreement may be terminated for convenience by either party upon sixty (60) days written notice to the other party. In the event of such termination, the parties will adjust the accounts due and payable to RECEIVING SCHOOL DISTRICT for services rendered. RECEIVING SCHOOL DISTRICT will not incur any additional expenses upon receipt of SENDING SCHOOL DISTRICT’s notification that RECEIVING SCHOOL DISTRICT’s services have becn terminated. Upon any such termination, the parties shall endeavor in an orderly manner to wind down activities hereunder. In the event of termination, all reports and services duc to SENDING SCHOOL DISTRICT must be completed by RECEIVING SCHOOL DISTRICT within thirty (30) days of the termination date. Following the expiration or termination of this Agreement, RECEIVING SCHOOL DISTRICT shall have no further obligation to provide a placement, a program or any services to the SENDING SCHOOL DISTRICT’s student(s) enrolled through this Agreement. 21. PROTECTIVE MEASURES: 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 the student, or to property, sufficiently serious to warrant immediate protective action. 22. LITIGATION: In the event that the parent or person in parental relation to the student receiving instruction and services pursuant to this Agreement files a request for an impartial hearing or an administrative complaint or initiates litigation in connection with such instruction and/or services, the party receiving such request, complaint or litigation shall promptly give written notice of same to the other party 5- 23. CONFIDENTIALITY: RECEIVING SCHOOL DISTRICT, its employees, and/or agents agree that all student information obtained in connection with the services provided for in this Agreement is deemed confidential information. RECEIVING SCHOOL DISTRICT, its employees, and/or agents shall not use, publish, discuss, disclose or communicate the contents of such student information or records, directly or indirectly with third parties other than the student’s parent(s) or guardian(s), except as provided for in this Agreement. The parties further agree that the terms and conditions set forth in this paragraph shall survive the expiration and/or termination of this Agreement. 24. INDEMNIFICATION and HOLD HARMLESS PROVISION: Each party agrees to defend, indemnify and hold harmless the other party to the Agreement including its Board of Education, officers, directors, agents and employees for all loss, costs, damages and expenses, including 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, neglect or breach of duties by the party to this Agreement or any of its Board of Education members, its officers, directors, agents or employees taken or made with respect to this Agreement. 25. INSURANCE PROVISION: RECEIVING SCHOOL DISTRICT shall purchase from and maintain in a company or companies lawfully licensed to do business in the State of New York such insurance as will protect RECEIVING SCHOOL DISTRICT and SENDING SCHOOL DISTRICT from claims for which RECEIVING SCHOOL DISTRICT may be Iegally liable, whether such operations be by RECEIVING SCHOOL DISTRICT or by anyone directly or indirectly employed by it, or by anyone for whose acts it may be liable. Notwithstanding any terms, conditions or provisions in any other writing between the parties, RECEIVING SCHOOL DISTRICT hereby agrees to effectuate the naming of SENDING SCHOOL DISTRICT as an unrestricted additional insured on RECEIVING SCHOOL DISTRICT’s insurance policies, with the exception of workers’ compensation and professional liability. If the policy is written on a claims-made basis, the retroactive date must precede the date of this Agreement. The policy naming SENDING SCHOOL DISTRICT as an additional insured shall: a. Be purchased from an A.M. Best A- rated insurer, authorized to conduct business in New York State and licensed and admitted to issue insurance in New York State. b. Contain a provision that provides SENDING SCHOOL DISTRICT with 30-days prior written notice of cancellation of any of RECEIVING SCHOOL DISTRICT’S insurance policies. c. State that RECEIVING SCHOOL DISTRICT's coverage shall be primary and non-contributory coverage for SENDING SCHOOL DISTRICT, its Board of Education, officers, employees and volunteers. d. SENDING SCHOOL DISTRICT shall be listed as an additional insured by using endorsement CG 20 26 or equivalent. The certificate must state that this endorsement is being used. If another endorsement is used, a copy shall be -6- included with the certificate of insurance. The decision to accept another endorsement rests solely with SENDING SCHOOL DISTRICT. e. The certificate of insurance must describe the services provided by RECEIVING SCHOOL DISTRICT that are covered by the liability policics. f. Required Insurance: i. Commercial General Liability Insurance: $1,000,000 per occurrence/ $2,000,000 aggregate. ii. Workers’ Compensation and N.Y.S. Disability: Statutory Workers' Compensation (C105.2 or U-26.3), Employers' Liability and N.Y.S. Disability Benefits Insurance (DB-120.1) for all employees. Proof of coverage must be on the approved specific form, as required by the New York State Workers’ Compensation Board. ACORD certificates are not acceptable proof of Workers’ Compensation Insurance of Disability Benefits Insurance. iii. Professional Errors and Omissions Insurance: $2,000,000 per occurrence/ $2,000,000 aggregate for the professional acts of RECEIVING SCHOOL DISTRICT performed under this Agreement for SENDING SCHOOL DISTRICT. If written on a “claims-made” basis, the retroactive date must pre-date the inception of this Agreement. Coverage shall remain in effect for two (2) years following the completion of the professional acts of RECEIVING SCHOOL DISTRICT performed under the Agrecment. g. In the event that any of the insurance coverage to be provided by RECEIVING SCHOOL DISTRICT contains a deductible, RECEIVING SCHOOL DISTRICT shall indemnify and hold SENDING SCHOOL DISTRICT harmless from the payment of such deductible, which deductible shall in all circumstances remain the sole obligation and expense of RECEIVING SCHOOL DISTRICT. h. RECEIVING SCHOOL DISTRICT shall provide the SENDING SCHOOL DISTRICT with evidence of the above insurance requirements upon execution of the within Agreement. RECEIVING SCHOOL DISTRICT further acknowledges that its failure to obtain and maintain the insurance coverage required by this Agreement shall constitute a material breach of this Agreement and subjects RECEIVING SCHOOL DISTRICT to liability for damages including, but not limited to, direct, indirect, consequential, special and any other damages SENDING SCHOOL DISTRICT sustains as a result of this breach. At the SENDING SCHOOL DISTRICT's request, the RECEIVING SCHOOL DISTRICT shall provide a copy of the declaration page of the required insurance policies with a list of endorsements and forms. At the SENDING SCHOOL DISTRICT's request, the RECEIVING SCHOOL DISTRICT also will provide a copy of each insurance policy’ endorsements and forms. 26. NOTICES: Any notices to be given under this Agreement by either party to the other may be effectuated by personal delivery in writing or by mail, registered or certified, postage -7- prepaid with return receipt requested. Each party may change the address 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 four (4) days after mailing. Notice shall be delivered or mailed to: CROTON-HARMON UNION FREE SCHOOL DISTRICT 10 Gerstein Street Croton-on-Hudson, NY 10520 Attn: Superintendent of Schools YORKTOWN CENTRAL SCHOOL DISTRICT 2725 Crompond Road Yorktown Heights, NY 10598 ATTN: Caroline Almeida 27. ASSIGNMENT OF CONTRACT: RECEIVING SCHOOL DISTRICT shall not assign, transfer or convey any of its respective rights or obligations under this Agreement without the prior written consent of SENDING SCHOOL DISTRICT. 28. DISCRIMINATION: Services provided pursuant to this Agreement shall be provided without regard to a student’s actual or perceived race, creed, color, weight, gender, scx, sexual orientation, national origin, ethnic group, religious practice, religion, age or disability. 29. GOVERNING LAW: This Agreement shall be governed by the laws of the State of New York. Any litigation between the parties shall be venued in a court of competent Jurisdiction in the County of Westchester in the State of New York. 30. SEVERABILITY: If any term, provision, covenant or condition of this Agreement, or the application thereof to any person, place or circumstance, shall be held by a court of competent jurisdiction to be invalid, unenforceable or void, the remainder of this Agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances shall remain in full force and effect. 31. NO PRIOR AGREEMENTS: This Agreement constitutes the full and complete agreement between SENDING SCHOOL DISTRICT and RECEIVING SCHOOL DISTRICT, and supersedes all prior written and oral agreements, commitments or understandings with respect thereto. 32. AGREEMENT CONSTRUCTION: This Agreement has been arrived at mutually and is not to be construed against any party hereto as being the drafter hereof or causing the same to be drafted. 33. MODIFICATION/AMENDMENT: This Agreement may not be altered, amended, changed, added to, deleted from or modified except in a writing that is signed by both parties. -8- 34. NONWAIVER: No action or failure to act by RECEIVING SCHOOL DISTRICT or SENDING SCHOOL DISTRICT shall constitute a waiver of a right or duty afforded them under the Agreement, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. Acceptance by RECEIVING SCHOOL DISTRICT of any fees or tuition during the continuance of any breach, shall not constitute a waiver of any such breach or of such term, covenant, or provision of this Agreement. 35. COUNTERPARTS: 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. 36. AUTHORITY TO ENTER AGREEMENT: The undersigned representative of RECEIVING SCHOOL DISTRICT hereby represents and warrants that the undersigned has the authority to enter into this Agreement on behalf of RECEIVING SCHOOL DISTRICT and to bind RECEIVING SCHOOL DISTRICT with respect to the obligations enforceable against RECEIVING SCHOOL DISTRICT in accordance with its terms. The undersigned representative of SENDING SCHOOL DISTRICT hereby represents and warrants that the undersigned has the authority to enter into this Agreement on behalf of SENDING SCHOOL DISTRICT and to bind SENDING SCHOOL DISTRICT with respect to the obligations enforceable against SENDING SCHOOL DISTRICT in accordance with its terms. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CROTON-HARMON UNION FREE SCHOOL DISTRICT By: Title: Tax Identification #: YORKTOWN CENTRAL SCHOOL DISTRICT By, President of the Board of Education IS76MOL/4S96-O440-6448y1 9