HomeMy WebLinkAboutCandice Perry FY 20Idaho Falls
School District 91--*A World Cllss Educ'ation
690 fohn Adams Parkway Idaho Falls, Idaho 83401
Phone: (208) 525-7500 FAX: (208) 525-7 596
Web Address: www.d9 L.k12.id.us
II)AIIO }AI,I,S SCHOOI, I)ISTIUCT 9I
Sr stcm of (larc l)rotocol for Independent (lontractors
I. !41[qcql lbr Indcpcndcnt ( ontr:rctors l'roviding
SPEI,],CH LAN(;tJACE PATHOI,OGIST:
The purpose ofthe System of Care is to establish a procedural protocol to assist the ldaho
Falls School District 9l in collaborating with Independent Contractors lbr the delivery ol'
related services provided by in accordance with the following:
l. Eligible students' Individual Education Plans (IEP) developed pursuant to Idaho
Special Education Manual 2016, and
2. The Medicaid Billing Policy fbr Speech/Audiological Therapy and Evaluation in a
school setting (IDAPA 1 6.03.09).
Proof ol workers' compensation coverage.
Current Certificate of Liability Insurance
A current Criminal Background Check
Evidence of qualifications to perform Speech,/Language Pathology Services
The school will be the lead agency lbr any student enrolled while that student is in school.
Belbre the Independent Contractor may work with the student, a Contractual Agreernent
must be completed with the Contractor, building principal and Director of Student
Services.
Idaho Falls School District must tbllou.thc privacy provisions set tbth by FERPA. IIIPPA.
and ldaho Special Education Manual 2016. 'l'he ldaho Falls School District will necd
writtcn authorization liom the parent/guardian prior to sharing inlbrmation with
Independent Contractors.
I
2
)
4
(lonlrlctor: t'unrliec l'crll (SLI'})
Sturicnl; Asrigrrccl Sl.l' Stir(lcrls
I)atc: l)cccrrher 9- 2[)19
t:t L-
This protocol provides guidelines tbr the Idaho Falls School District 91 and independent
contractors to implement Speech/l,anguagc Pathology (SLP) services that are delivcred to
eligible students with an Individual Bducational PIan (IEP) onfile inthe school district. ln
order to provide SLP services. the independent contractor must be approved through the
Director of Student Services' olficc and provide the ibllowing documentation:
II. Oven'ie* for Indcnendent Contractors Workin g rr ith Studcnts
Independent Contractor means a person. group, agency, or organization that
meets the follor.r ing lwo condilions:
a. Is not an employee of Idaho Falls School District 91 or a public agency with
legal jurisdiction over the circumstances related to their involvcment with
the student, and
b. Is paid or reimbursed lor services provided to the student through the
established billing policy.
Independent Contractor may do the following in Idaho Falls School District 9l:
a. Submit evaluation repo rts to a school's Evaluation tcams tbr considcration
related to an evaluation being conducted.
b. Be invited to an evaluation team meeting by either the school or parent.
i. The determination of eligibility lbr special education and the
provision of a Free Appropriate Public Education (FAPE) are the
responsibility of the tEP teams and cannot be prescribed by any
other entity.
ii. All educational decisions regarding educational methodology,
materials, and personnel are the responsibility of the school district.
c. Provide services in the schools to students under the terms ofa contract with
the school district. (See Independcnt Contractors Agreement)
i. Contracts are established when the school district is paying tbr the
services and describes the services. the role and responsibilities ol
the Independent Contractor with the evaluation team and school
administration, and the frequency and duration of services; includes
documentation ol licensure/certification to perform the prescribed
services; addresses issues related to liability. terms ofpayment; and
states the provisions fbr changes or termination of the contract.
(Example: District contracts for physical therapy seruices)
ii. Contracted servioes to a student with a disability shall be included
on the students IEP.
d. Provide services to students on school grounds under the terms of Summary
of Services with the school district. (See Summary of Services F-orm)i. Summary ol Services is established to allow thc services to take
place on school property Io benefit the studcnt's progress in the
general education curriculum. The Summary of Services shall
describe the specific services provided, the responsibilities ol the
school and independent contractor, procedures tbr background
checks and insurance, and the provisions Ibr space. time, equipment,
and materials provided b1,the school district. Ilc school distric.t
moy terminqle the Summarv of Seryices at any time.ii. Services provided undcr. a Sumnrary of Serviccs to a student with a
disability shall be included on the student,s Individual Education
Plan (lEP).
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l( onll-lrctor: ( andicc Perrr (SI-1,)
Srudcnlr Assigned Sl.P Studenls
Datr: [)ccclnbcr 9. ]019
1.
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.+
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The district has no obligation to enter into a contract with an independent
contractor or to allow an independent contractor access to school district
property. space. materials. or equipmcnt.
School district records are only accessible to Independent Contractor under
contract with the school district and with lvritten consent from the student's
parent or guardian. or the adult studcnt (18 years old or older). Request lor
records may be subject to a fee to cover costs ofcopying and mailing.
Nothing in this System of Care protocol shall be construcd to limit or impinge
in any way on services parents may acquire fbr their child that are not provided
at the school. Issues related to the amount of time studcnts arc removed from
school tbr any purpose fbll under the terms ofother school district policies.
Clontractor: ( undice l,cn! (Sl.l,)
Studcrt: Assiqncd Sl-1, Sludcnls
l).rte: Doccnrbcr 9. l0l9
Idaho Falls School District 9l
INI)EPENDENT (]oNTRACTOI{ (JONTRACTAL ACREEMENT:
Spccch/[,anguage Path,oloc\ (SLI)) Services
This Contractual Agreement is entered into between ldaho l--alls School District 91 (hcreinaficr
rel'erred to as "District") and Candice Perry (hereinafter rct'erred to as "Contractor").
Whereas, the District provides special educational and related services to assist students attending
school in thc District in their educational developmcnt. as identificd on the students' individualized
education program (lEP) plan: and
Whereas, the Contractor is duly licensed or qualilied and able to provide related services to the
District's students:
It is hereby agreed by both parties that
DURATION OF AGREEMENT:
The period ofthis Contractual Agreement will commence on the December 9,2019 and remain in
effect until the last day ofschool. May 29,2020. This Contractual Agreement is contingent upon the
availability offunds ofthe District. l his Contractual l\greement shall rot exceed twelve (l2) calendar
months. At the discretion ofthe District, the Contlactual Agreement may be reneu'ed annually.
RELATIONSHIP OF PARTIES:
In performing services under this Conbactual Agreernent. Contractor is and shall at all times be an
independent conbactor ofthe District. Nothing herein is to be construed as establishing an employer-
employee relationship.
SERVICES TO BE RENDERED:
Provider shall render the prol'essional seryices enumerated on Sunrmary of SeIvices. attached hereto
and made a part ofthis Contractual Agreement as sct torth fully herein.
RECORD KEEPING:
Contractor shall be responsible for rnaintainine conrplcte and accuratc records docun)enting the
prolcssional services provided pumuant to this Contractual Agreement and shall provide copies of the
records to the District within flve (5) working davs ofthe date requcsted. Additionally. upon
reasonable notice, the District shall have the right to review such records at any time during business
hours. Appropriate Medicaid billingsheets will bc cornpleted each month for the student(s) served.
CONFIDENTIALITY:
Provider agrees that all infolmation regarding serviccs provided pursuant to this Contractual
Agreement, including, but not limitcd to. the students' identity and the nature ofservices rendered.
shall be confidential pursuant to the Family fiducational Records and Privacy Act (FF]RpA).
contractor is prohibited liorn disclosing any information obtained as a result ofrendering services
pursuant to this Contractual Agreement to any individual not authorized and directed by the District,
without parenrguardian consent or consent ofthe student if l8 years ofage or older.
Conhacbr: Candice Pcrr"r (Sl,p)
Studenlt Assisncd SLI, Students -+
I)atc: l)ccemhcr 9. 2019
REPORTING OF ABUSE, ABANDONMENT, OII NEGLECT:
Contractor acknowledges its obligation to comply w ith ldaho Code Section I 6- 160 | . cI "{erl. and rcport,
within 2,1 hours, any suspected abuse, abandonment. ur neglect ofa child to the law cntbrcement
agency or Idaho Department of Health and Weliarc. Contractor also agrees to infbrm thc District.
within 24 hours. of such suspicion.
SERVICE DELIVERY: TIME ANt) PLACE:
Contractor shall perform services set fbrth in Summary ofServices, unless the parties nrutuallv agrec
to a modification of the timc and place of sewice dclivery.
COORDINATION OF SERVICES:
To facilitate delivery olservices, the District will provide: l) reasonable and prompt nolitication ol
meetings and other appointments in which the Contractor is expected to panicipate: 2) signed parental
consent fonns, as necessary; 3) identifying information regarding the client and the parenl./guardian;
and,4) reasonable assistance in facilitating communication between the Contractor and clients,
parents/guardian, and other providers and agencies.
PRIOR APPROVAL OF SERVICES:
All services rendered by Contractor under the terms olthis Contractual Agreement shall require prior
approval by the District in accordance with federal anrl state laws and regulations. iocal policies and
procedures, and professional codes of conduct.
CONSENT/AUTHORIZATION TO ACCESS EDIJCATIONAL RECORD INFORMATION
OR PROTECTED HEALTH INFORMATION:
Disttict and Contractor shall at all times requirc the written consent or authorization ofthc
parent/guardian/or adult student, ifage of l8 years ofage or older, for the disclosurc ofaccess to
educational intbnnation pursuant to FERPA or protecled health information pursuant to the Health
Inlbrmation Portability and Accountability Act (HIPAA) regarding the student. and shall maintain the
confidentiality ofthat inlormation consistent with the ltate and federal law and regulations.
PROFESSIONAL SERVICES:
Thc services rendered pursuant to this Contractual Agreement will be provided by individuals who are
duly licensed to perform the services or supervised by a licensed/certified provider in accordance with
applicable professional standards. Contractor agrees that all work pursuant to this Conlractual
Agrcement will be perfomred in accordance with the highest professional standards. Written
assurances will be provided to the District attesting that all employees who cotne into contact with
students shall have been subject to a criminal background check at least as stringent as that required by
Idaho Code 33 130 and policies ofthc District, and have been determined to not havc a criminal
background inconsistent with working with children. I'he District shall have the right to observc
scrvices being provided to the clients.
INSURANCE AND LIABILITY:
Contractor shall be solely liable for any losses or damages resulting from Contractor's pcrformancc of
any ofthe services covered by this Contractual Agreenlent. Contractor shall indemnify and hold
hannless the District ftom any liability. including. but not limited to. cost. expenses. and attomev f'ees.
resulting fronr Contractor's performance ofthe services provided under this Contractual Agreemerlt.
Proof of insurance shall bc submitted to the District within ten ( l0) days ol the date ol'th is Contractual
Agreement.
ASSIGNM ENT:
This contractual Agreement shall not be subject lo assignment. in wholc or in pafi, b),contractor or by
operation of law, so as to authorize any person othcr than contractor, or contractor's cnlployees, to
assume the dutics subject to this contractual Agrccment without the District's prior u,ritten consent.
firntraetrrr: Candicc l,crr] (SI_P)
Studenl: nssigned Sl,l) Studcnts
I)atc: Dcccrnhcf 9 l0l9
AM ENDMENT:
This Contractual Agreement may be amended at any time with the prior wriften consent ofboth
parties. Any and all amendments to this Contractual Agreement shall be in writing.
TERMINATION:
'l his Contractual Agreement may be terminated without cause by either pany within thirty (30) days
after providing written notice ofthe intent to terminale to the other pan).
Additionally. the District may immediately terminate this Contractual ASreemcnt, upon \\ritten n('tice.
in the event funding for the District's program is no l()nger availablc or the specific services to this
Contractual Agreement are modified or terminated for a studenl.
DEFAULT:
Upon default by either party, the non-defaulting party may cancel this Contractual Agreement
immediately, upon notice and may pursue any and all available legal, equitable. and other remedies.
Thc defaulting party shall be liable for any and all expenses that are incurred by the non-defauiting
party as a result thereof, including, but not limited to, procuring substitute performance, legal t-ees. and
other losses incurred due to the default.
TIME OF PERFORMANCE:
Time is ofthe essence in this Contractual Agreement; therefore, all times for perlormancc ofthe
obligations. as stated herein. shall be strictly complied with by the parties.
NON-WAVIER BREACH:
The lailure ofContractor or the District to insist upon strict perfonnance ofany ol'the terms of this
Contractual Agreement, or to exercise any option herein conferred in any or all instances. shall not
constitute a waiver or relinquishment ofany such term, but the sarne shall be and rernain in full fblce
and cffect. unless such waiyer is evidence by the prior written consent ofContractor or thc District.
NoN-DISCRI M INATION:
The panies hereby agree that no person shall. on the grounds ol'race, color. crccd. national origin. sex.
age. or disability, be excluded from or denied participation in. or otherwise sub.iccted to. discrimination
undcr an), activity performed pursuant to this Contractual Agreement.
GOVERNANCE:
This Contractual Agreement shall be governed by the laws ofthe State oftdaho. Contractor shall, at all
times, comply with and obserye all federal, state. and )ocal laws, regulations, and ordinances ulrich are
in effect and applicable during the period ofthis Contractual Agreement.
ATTORNEY FEES:
Ifeither party defaults in any manner or fails to fulfill any and/or all provisions ofthis Conttactual
Agreement, and ifthe non-def'aulting party hires an attomey to exercise its rights upon such def'ault or
f'ailure, or ifthe parties are involved in any litigation (including any proceedings in bankruptc).). the
prevailing pany shall be entitled to recover reasonable attomey fees and costs lrom the other pany.
'l his paragraph shall be enforceable by the parties notvyithstanding any rescission. forfeiture. or other
termination of this Contractual Agreement.
DISPUTE RESOLUTION:
All participating agencies agree to resolve systemic disputes that arise in the provision of special
education and independent contractor services in a non-adversarial manner and to ensure that using the
following process to resolve intcragency disputes does not disrupt services to students and familics:
L An individual or agcncy with a concem will first use the agency's internal procedurcs ro addrcss
the concem.
( ontraclor: Candicc Pcn\ (Sl_P)
StLdenl: Assigncd S [,], Studcnts 6l)ittc: I)ccclnbcr 9 l0l9
2. ll'resolution is not achieved at the previous levei, the issue and all relevant information will norv
be forwarded to the Director ofStudent Services ofthe ldaho Falls School Districr 9l and
contractor's administrator.
3. Ifconsensus is not reached at the previous level, the Director ofStudent Serviccs will forward the
issue and all relevant information to the superintendent ofldaho Falls School District 91.,1. Ifa concem is identified that is related to the quality ofservice or health and safety issues, schools
should refer concems about a contractor, their services, or quality ofservices to the Director of
Student Services and contractor's administrator t,J address these concerns.
5. If these concems are not resolved in the dialogue with school administrator (Director of Student
Services and./or superintendent) and the contractor's administrator. the DHW regional licensing
entity may be contacted to investigate the situation.
COM PENSATION/BILLINC :
The District shall compensate Contractor for the direct services identified belorv. Additional hours
will be compensated at the same rate, provided that the additional hours have been pre-approved, in
writing, by the District's designee.
The district agrees to pay the Contractor at a rate of $65.00 pe r hou r for SDecch/Languag0
Patholo Serviccs for thc cluration of the contract. This contract is not to exceed 526.000
basedonthenumberofdaysrorked(approrimatelvl0TdaysatSday-sperneekwhenschoolis
in scssion) x 7 hours per day r 565.00 per hour, unless agreed to bY both parties.
COMPLETE STATEMENT OF TERMS:
This Contractual Agreement constitutes the entire agreement between the panies hereto. and shall
supersede all previous oral or written proposals. negotiations, commitments. and all other
cornmunications bet\ryeen the panies. This Contr-actual Agreement may not be released, discharged, or
modified except by an instrument in writing signed by the duly authorized representatives ofthe
pafties.
fiDtrtlctor: ( andicc I,err_!- (Sl,p)
Sludenl: r\ssigncd SL[, Stud.nls l
Contractor will submit to the Director ofStudent Services, by the end ofeach nronth, an Invoice
(statement ofservices rendered) tbr that month and the completed district's Medicaid reporting forms
for each student served whether Medicaid eligible or not. These complcted forms nlust be accurate
and ready to submit to the district's billing service. Generally. the district will issue checks on the
second Tuesday ofeach month. after Board approval ifstatement and paperwork is completed and in
the District Office by the end oleach month. Each monthly statement must include the following
information for each student receiving serviccs: a) student's name; b) description or services provided:
c) total number ofhours spent in providing professional services, and d) cost ofservices provided.
Additional documentation may be required by the District and must be provided within five (5)
working days ofthe date the written request tbr the documentation is made.
Datc: I)cccntber 9 2019
SUMMARY OF IiERVICES
Independent Contractor/Idaho Falls School District 9l Protocol
This Sumrnary of Services is to be used only after thr: District and Contractor has signccl the
contract. Independent Contractor Contractual Agreemenl
Indepcndent Contractor Agency: TC and K Services, LLC, Candice Perry
Direct Service Provider: Candice Perry
Business Address: 577 Pheasant Run Circle, Rigby, ldaho 83442
1'clephone Number: 208-604-6569 E-Nlail: candicetbrbush@hotmail.corn
Bulcau of Occupational Licensc:
Idaho Education Credential F)xpiration Date: I 107 12020
Review of Service: Indicate when each review will be done and who will do the review
First Review:
Second Review:
Third Review: February 14,2020
Fourth Review: April 24, 2020
Other: Upon the request of either party
Selvice(s) to be provided: Speech/Language Services
Wltcn r.rill service(s) be pror ided:
Day(s): Monday - Friday (when school is in session)
Tirne: 3 days a week (7 hours a day)
l,ocation (i.e. classroom, playground, etc...): Assigned SLP Students, Monthly SLP
Department meetings and District IEP team meetings as needed.
Duralion ofservices (each day): As required by the assigned studcr.rts' Illl)s.
IJ
I)irlcr DeccDthcr 9. 2019('ontmclor Candice Perry (Sl,P)
Studcnr: Assigncd SLP Studcnrs
Contractor will comply with the district/school operational procedurcs and will fulfill the
following responsibilities:
. Sign in and out of school office each visit - prol ide proper identification.
. Must wear a picture identification and/or obtain a visitor's identification badge from the
school at the time ofeach visit.
. Must wear appropriate clothing for a school setting.
o Adhere to set schedule - arrive and leave on time.
o Notily building administrator ifyou will be absent (one day notice ifpossible).
. Student must be picked up frorn and returned to an appropriale school staffperson each visit
if applicable.
. Remain in assigned location.
o Be knowledgeable about emergency procedures ofthe school.
o Do not violate the right ofprivacy ofany studenl by using any information randomly
obtained by observing other students as service reference to make contact with parents to sell
or contract them lo services frorn your agency.
o The special education teacher and/or general education teacher is the instructional leader in
the classroom. At no time should a service provider assume that theirjudgment for
instructional implementation or supervision ofarr individual/class can supersede the teacher
or school staff member.
. Notiry the district/school ofany staffing changes within the agency that relates to the services
indicated on this agreement.
o Be cooperative when resolving conflicts with school/district stalL
School/District responsitrilities incl ude:
. Respect the rights ofcontractor.
o Provided information regarding the procedurals and schedule ofthe school.
o Provide information on emergency procedures.
o When appropriate, invite service provider to specific student's MDT and/or IEP team
meetings, with parental approval.
. Accommodate, within reason, Contractor's needs to f'ulfill the seruice review plan.
. Provide a positive climate and bLrilding environment to facilitate mutual assistance.
. Be cooperative when resolving conflicts between contractor and school staff.
The above items are not to be conscribed as all inclusive. Any concerns will be addressed
according to lhe Dispute Resolution item in the Contractual Agreement.
VI It
Si
Signature fS LI ntcn
ntr 's Represcntative Date
w.tq.t
ent/Desi!nec
Conlraclor: Candice Perr] (Sl,P)
Student: Assigncd Sl,P Studcnls 9l)atc: l)cccmber9. 2019
Datc
1
lN Wl'T'NESS WHEREOF, the paflies have executed this Contractual Agreement.
Idaho Falls
School District 91
A VWtrlcl Cluss Educutiott
690 fohn Adams Parkway ldaho Falls, Idaho 83401
Phone: (208) 525-7 500 FAX: (208) 525-7 596
Web Address: wwwd9 l..k12.id.us
IDAH() FALLS SCHOOL I)ISTRICT 9I
Systcm of Carc Protoc<rl for Independent Contractors
I. Protocol for Independcnt Contractors Providine
SPE,ECH LANGUAG[, I'ATHOLO(iIST:
The purpose ofthe System olCare is to establish a procedural protocol to assist the ldaho
Falls School District 91 in collaborating with Independent Contractors for the delivery o1'
related services provided by in accordance with the fbllowing:
1. Eligible students' Individual Education Plans (IEP) developed pursuant to ldaho
Special Education Manual 20 16, and
2. The Medicaid Billing Policy for Spcech/Audiological 'I herapy and Evaluation in a
school setting (IDAPA 16.03.09).
This protocol provides guidelines for thc Idaho Falls School District 9l and indeper.rdcnt
contractors to implement Specch/Language Pathology (SLP) services that are delivered to
eligible students with an Individual Educational Plan (lEP) on file in the sohool district. In
order to provide SI-P services, the independent contractor musl be approved through thc
Director ol Student Services' olllcc and provide the fbllowing documentation:
Proof of workers' compensation coverage.
Cunent Cerlificate ol t,iability lnsurance
A current Criminal Background Check
Evidence of qualifications to perform Speech/Language Pathology Services
The school will be the lead agency for any student enrolled while that student is in school.
Before the Independent Contractor may work with thc student. a Contractual Agreerncnt
must be completed with the Contractor, building principal and Director of Student
Services.
Idaho Falls School District must tbllow the privacy provisions scr fbfih b), I,'URPA. HII,pA.
and Idaho Special Education Manual 2016. The Idaho Falls School District r.r.ill need
written authorization f-rom thc parent/guardian prior to sharing intbrmation w,ith
Independent Contractors.
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)
4
ai)ntraclor: ( lndice Per\ (SLP)
Student: AssiSn.d Sl.P Studcnts
Datci l).ccnb.[ 9. 2019
-.-)t
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lI. Overvicrv for Indcnendcnt Contractors Workin s n ith Studcnts
Independent Contractor means a person, group, agency, or organization that
meets the lollou ing 1r.r o conditions:
a. Is not an employee ofldaho Falls School District 9l or a public agency with
legal jurisdiction over the circumstances related to their involvement with
the student, and
b. Is paid or reimbursed for services provided to the student through the
established billing policy.
Independent Contractor may do the following in Idaho Falls School District 9l:
a. Submit evaluation reports to a school's Evaluation teams lor consideration
related to an evaluation being conducted.
b. Be invited to an evaluation leam meeting by either the school or parent.
i. The determination of eligibility for special education and the
provision of a Free Appropriate Public Education (FAPE) are the
responsibility of the IEP teams and cannot be prescribed by any
other entity.
ii. All educational decisions regarding educational methodology,
materials, and personnel are the responsibility olthe school district.
c. Provide services in the schools to students under the terms ola contract w.ith
the school district. (See Independent Contractors Agreement)
i. Contracts are established when the school district is paying for the
services and describes the services, the role and responsibilities ol
the Independent Contractor with the evaluation team and school
administration, and the liequency and duration ofservices; includes
documentation of licensure/certification to perform the prescribed
services; addresses issues related to liability, terms olpayment; and
states lhe provisions tbr changes or termination o['the contract.
(Example: District contracts fbr physical therapy services)
ii. Contracted services to a student with a disability shall be included
on the students lEP.
d. Provide services to students on school grounds under the terms of Summary
of Services with the school district. (See Summary ol Services Form)
i. Summary of Services is established to allow the services to take
place on school property to benetit the student's progress in the
general education curriculum. 'Ihe Summary of Services shall
describe the specilic services provided, the responsibilities of the
school and independent contraclor, procedures fbr background
checks and insurance, and the provisions fbr space. time, equipment,
and malerials provided by the school district. I/re school clistrict
mey lerminate the Summary of Service.t ut any lime.ii. Services provided under a Summary of Services to a student wilh a
disability shall be included on the student,s Individual Education
Plan (lEP).
Conlrirelor: ( ilndicc I,crn. (SLI))
Studcnt: .,\s:irncd SLI) Studcnts
2
I )irlc: I)ccurnb.r 9. l0l9
t.
The district has no obligation to enter into a contract with an independent
contractor or to allow an independent contractor access to school district
property, space, materials, or equipment.
School district records are only acccssible to Independent Contractor under
contract with the school district and with written consent liom the student's
parent or guardian, or the adult student (18 years old or older). Request fbr
records may be subject to a f'ee to cover costs olcopying and mailing.
Nothing in this System of Care protocol shall be construed to limit or impinge
in any way on services parents may acquire for their child that are not provided
at the school. lssues related to the amount of tin.re students are removed fiom
school lbr any purpose fall under thc terms ofother school district policies.
4
('ont'ilctor: Candice Pery. (SLp)
Studenr: Assig|cd SLP Students
I)ale: I)ecemhcr 9. 2019
Idaho Falls School District 91
INDEPENI)ENT CONTRAC]TOR CONTRACTAL AGREEM I]NT:
This Contractual Agreement is entered into bctween ldaho Falls School District 9l (heleinaftcr
referred to as "District") and Candice Perry (hereinalicr refered to as "Contractor").
Whereas, the Distdct provides special educational and related services to assist students attending
school in the District in their educational development. as identified on the students' individualized
education program (lEP) plan; and
Whereas, the Contactor is duly licensed or qualified and able to provide reiated seryices to the
District's students:
DURATION OF AGREEMENT:
The period of this Conhactual Agreernent will commence on the December 9, 2019 and remain in
effect until the last day ofschool, May 29,2020. 'fhis Contractual Agreement is contingent upon the
availability offunds ofthe District. 'fhis Contractual Agreement shall not exceed twelve (12) calendar
months. At the discretion ofthe District, the Contractual Agreement may be renewed annually.
RELATIONSHIP OF PARTIES:
ln performing services under this Contractual Agreement, Conkactor is and shall at all times be an
independent contractor ofthe District. Nothing herein is to be construed as establishing an employer-
employee relationship.
SERVICES TO BE RENDERED:
Provider shall render the prof'essional seryices enumerated on Summary ofServices. attached hereto
and made a part ofthis Contractual Agreement as set forth fully herein.
RECORD KEEPING:
Contractor shall be responsible for nraintaining complete and accurate records documenting thc
professional services provided pursuant to this Contractual Agreement and shall provide copies ofthe
records to the District within five (5) working daYS ofthe date requested. Additionally, upon
reasonable notice, the District shall have the right to review such records at any time during business
hours. Appropriate Medicaid billing sheets will be completed each month for the student(s) served.
CON FlDENTIA LITY:
Provider agrees that all information rcgarding services provided pursuant to this Contractual
Agreement, including, but not limited to. the students' identity and the nature ofservices rendered,
shall be confidential pursuant to the Farnily Educational Records and Privacy Act (FIJRpA).
contractor is prohibited frorn disclosing any information obtained as a result ofrendering services
pursuant to this Contractual Agreement to any individual not authorized and directed by the District,
without parent/guardian consent or consent ofthe student if l8 years ofage or older.
(i)nLraclor ( nndicc l,cn-\ (SI_p)
StLrdcnt: Asiir|cd SLl, :itlldenrs Il)atc: l)ccc0tber 9 2()19
Snecch/Lansuasc l'atholosy (SLP) Sen,ices
It is hcrcby agrecd by both paflies thal:
REPORTING OF ABUSE, ABANDONMENT, OR NECLECT:
Contractor acknowledges its obligation to comply wilh Idaho Code Section l6- 1601, slre./. and report,
within 24 hours, any suspected abuse, abandonment, or neglect ofa child to thc law enlorcement
agency or ldaho Department of Health and Welf'are. Contractor also agrees to infonn the l)istrict,
within 24 hours, of such suspicion.
SERVICE DELIVERY: TIME AND PLACE:
Contractor shall perform services set forth in Summary of Services, unless the padies mutually agree
to a moditlcation ofthe time and place ofservice delivery.
COORDINATION OF SERVICES:
'l'o lacilitate delivery of services, the District will provide: I ) reasonable and prompt notificat ion of
rneetings and other appointments in which the Contractor is expected to participatc: 2) signed parental
consent tbnns, as neccssary; 3) identifuing information regarding the client and the parent,'guardian:
and,4) reasonable assistance in facilitating communication between the Contractor and clicnts,
parents/guardian, and other providers and agencies.
CONSENT/AUTHORIZATION TO ACCESS EDUCATIONAL RECORD INFORMATION
OR PROTECTED HEALTH INFORMATION:
District and Contractor shall at all times require thc written consent or autho zation ofthe
parent/guardian/or adult student, if age of l8 years of age or older, tbr the disclosure of access to
educational infornration pursuant to FERPA or protected health infomation pursuant to the Ilealth
lnfonnation Portabilit!'and Accountabilitl' Act (lllt,AA) regarding the student. and shall nraintain the
confidentiality ofthal inforn]ation consistent with the state and federal law and rcgulations.
PROFESSIONAL SERVICES:
Thc services rendered pursuant to this Contractual Agreement will be provided by individuals who are
duly licensed to perform the services or superviscd by a licensed/certified provider in accordance with
applicable professional standards. Contractor agrces that all work pursuant to this Contractual
Agreenrent will be performed in accordance with the highest professional standards. Written
assurances will be provided to the District attesting that all employees who conre inro contact \4ith
students shall have been subject to a criminal background check at least as stringent as that required by
Idaho Code 33 I30 and policies ofthe District. and have been determined to not have a criminal
background inconsistent with working with children. The District shall have the ri.ght to observe
services being provided to the clients.
INSURANCE AND LIABILITY:
contractor shall be solely liable for any losses or damages resulting fronr conractor's perfonnance of
any ofthe services covered by this Contractual Agreement. Conffactor shall indernnifu and hold
harmless the District fiom any liability, including. but not limited to, cost. expenscs, and attomey t'ees.
resultinq from contractor's performance olthe services provided under this contractual AgreemeDt.
Proof of insurance shall be submitted to the District within ten ( l0) days ofthe date of this Contractual
Agreemcnt.
ASSIGNMENT:
l'his contractual Agreement shall not be subject to assignment, in whole or in pan, by contracror or by
operation of law, so as to authorize any person other than contractor, or contractor's employecs, to
assume the duties subiect to this Contractual Agreement without the District's prior urittcn consent.
fiDtrilclor: ( lndice Perrl, (St,l,)
Studcnt: Assiqned S[,P Studcnts
Datc: Deccnbcr 9. 2019
PRIOR APPROVAL OF SERVICES:
All services rendered by Contractor under the terms ofthis Contractual Agreelnent shall require prior
approval by the District in accordance with federal and state laws and regulations. local policies and
procedures, and professional codes of conduct.
AM E NDMENT:
This Contractual Agreement may be amended at any time with the prior $'ritten consent ofboth
parties. Any and all amendments to this Conkactual Agreement shallbe in wliting.
TERM INATION:
This Contractual Agreement may be terminated without cause by cither paty within thirty (30) days
aftcr providing written notice ofthe intent to terminate to the other pafty.
Additionally, the District may irnmediately terminate this Contractual Agreement, upon wriften notice,
in tha event lunding for the Dish'ict's program is no longer availablc or the specific services to this
Contractual Agreement are modifled or terminated for a student.
DEFAULT:
Upon default by either pany, the non-defaulting party may cancel this Contractual Agreemenl
immcdiately. upon notice and nray pursue any and all available legal. equitable. and other remcdies.
Thc defaulting party shall be liable for any and all expenses that are incurred by the non-defaulting
party as a result thereof, including, but not limited to. procuring substitute pertbrmancc. legal l'ces, and
other losses incurred due to the default.
NON-WAVIER BREACH:
The f'ailure of Contractor or the District to insist upon strict performance of any ofthe terms of this
Contractual Agreement. or to exercise any option herein conferred in any or all instances, shall not
constitute a waiver or relinquishment ofany such term, but the sarne shall be and remain in tull tbrce
and efTect, unless such waiver is evidence by the prior written consent of Contractor or the District.
NON-DISCRI MINATION:
The parties hereby agree that no person shall, on the grounds ofrace, color, creed. nalional origin, sex.
age, or disability, be excluded from or denied participation in, or otherwisc subjected to, discrirnination
under any activity pertbnned pursuant to this Contractual Agreement.
GOVERNANCE:
This Contractual Agreement shall be governed by the laws ofthe State of ldaho. Contractor shall, at all
times, comply with and observe all federal, state, and locai laws, regulations, and ordinances \ahich are
in effect and applicable during the period ofthis Contractual Agreement.
ATTORNEY FEES:
Ifeither party defaults in any manner or fails to fulfill any and/or all provisions ofthis Contr.actual
Agreement, and ifthe non-delaulting party hires an attomey to exercise its ri-ghts upon such det'ault or
failure, or ifthe parties are involved in any litigation (including any proceedings in bankr.uptcy). the
prevailing pany shall be entitled to recover reasonable attomey fees and costs from the otheI pafty.
This paragraph shall be enforccable by the parties notwithstanding any rescission. fbrteiture. or other
termination of this Contractual Agreenrent.
DISPUTE RESOLUTION:
All panicipating agencies agree to resolve systemic disputes that arise in the provision ofspecial
education and independent contractor services in a non-adversarial manner and to ensule that using the
lollowing process to resolve interagency disputes does nol disrupt services to students and familics:
I An individual or agency with a concern will first use the agency's internal procedures to address
1he concern.
(iDtracl()r: ( andicc l,r'q (Sl.l,)
Studcol: ssigned Sl,P Studenls 6[)atc: Deccr]hcr 9. 2019
TIME OF PERFORMANCE:
Timc is ofthe essence in this Contractual Agreement; therefore, all times for pertbrnrance ofthc
obligations, as stated herein, shall be strictly complied with by the parties.
2. lfresolution is not achieved at the previous level, the issue and all relevant information will norv
be forwarded to the Director ofStudent Services ofthe ldaho Falls School Districr 9l and
contractor's administrator.
3. Ifconsensus is not reached at the previous level, the Director of Student Services will forward the
issue and all relevant inlormation to the superintendent of ldaho F'alls School District 91.
4. lfa concem is identified that is related to the quality ofservice or health and safcty issues, schools
should refer concerns about a contractor, their services, or quality ofservices to the Director of
Student Services and contractor's administrator to address these concerns.
5. lf these concerns are not resolved in the d ialogue with school adm in istrator (Director of Studenr
Services and,/or superintendent) and the contractor's administrator. the DHW regional licensing
entity may be contacted to investigate the situation.
COMPENSATION/BILLING:
The District shall compensate Contractor for the direct services identifled below. Additional hours
will be compensated at the sanrc rate, provided that the additional hours have been pre-approved. in
writing, by the District's designec.
Contractor will submit to the Director ofStudent Services, by the end ofeach month, an Invoice
(statement of services rendered) tbr that month and the completed district's Medicaid reporting forms
for each student served whether Medicaid eligible or not. These completed forms must be accurate
and ready to submit to the district's billing service. Generally. the distlict will issue checks on the
second Tuesday ofeach month, afier Board approval ifstatement and paperwork is completed and in
the District Office by the end ofeach rnonth. Each monthly statement must include the lollowing
infonnation for each student rcceiving serviccs: a) student's name; b) description or services provided:
c) total number ofhours spent in providing professional services, and d) cost ofservices provided.
Additional documentation may be required by the District and rnust be provided within five (5)
working days ofthe date the written request tbr the documentation is made.
COMPLETE STATEMENT OT' TERMS:-Ihis Contractual Agreement constitutes the cntire agreelnent between the parties hereto. and shall
supersede all previous oral or writtcn proposals. negotiations, commitmcnts, and all other
conrnunications between the pa i€s. -['his Contmctual Agreement n]ay not be released. dischar.qed, or
modifled except by an instrument in writing signed by the duly authorized representatives ofthe
pafties.
C-onlractor: Candice Pcrry (St,P)
Sludc t: Assigned SLP Studcnts 7I)alc: l)ccctnhcr 9 2019
The district agrees to pay the Contractor at a rate of $o!qq per hour for SDeech/Lanquage
Patholoey Services for the duration of the contract. Thiscontract is not to exceed 526,000
based on the number of days worked (approximatelv 107 dal-s at J da]-'s per week when school is
in session) x 7 hours per day'r $65.00 per hour, unless agreed to b) both parties.
SUMMARY OF SERVICES
Independent Contractor/Idaho Falls School District 9l Protocol
This Surnmary of Services is to be used only after the District and Contractor has signed the
contract, Independent ContractoI Contractual Agreement.
Independent Contractor Agency: TC and K Services, LLC, Candice Pcrry
[)ircct Service Provider: Cantlice Perry
Busincss Address: 577 Pheasanl Run Circle, Rigby, Idaho 83442
'l-elephone Number: 208-604-6569 E-Mail: candiceforbush@hotrnail.conr
[]ureau of Occupational License:
Idaho Education Credential Expirarion Date: 1 10112020
Duration ofservices (each day): As required by the assigned stuclents' IEI)s
( onlractor: Candicc Pcrn (SLp)
Sludent: Assigncd Sl-P Studcnts 8
l)ate: Deccmber 9. 2019
Review of Service: Indicate when each review will be done and who will do the review:
First Review:
Second Review:
Third Review: February 14,2020
Fourlh Review: April 24, 2020
Other: Upon the request ofeither party
Service(s) to be provided: Speech/Language Services
When will service(s) be provided:
Day(s): Monday - Friday (when school is in session)'[ime: 3 days a rveek (7 hours a day)
Location (i.e. classroom, playground, etc...): Assigned SLP Students, Monthly St,P
Department meetings and District IEP team meetings as needed.
Contractor will comply with the district/school operational procedures and will fullill the
following responsibilities:
. Sign in and out ofschool ofTice each visit - provide proper identification.
. Must wear a picture identification and/or obtain a visitor's identification badge from the
school at the time of each visit.
. Must wear appropriate clothing for a school setting.
o Adhere to set schedule - arrive and leave on time.
o Noti& building administrator ifyou will be absent (one day notice ifpossible).
. Student must be picked up from and returned to an appropriate school staff person each visit
if applicable.
. Rernain in assigned location.
o Be knowledgeable about emergency procedures ofthe school.
o Do not violate the right of privacy ofany student by using any information randomly
obtained by observing other students as service reference to make contact with parents to sell
or contract them to services from your agency.
r The special education teacher and/or general education teacher is the instructional leader in
the classroom. At no time should a service provider assume that theirjudgment for
instructional implementation or supervision ofan individual/class can supersede the teacher
or school staff member.
. Notiry the district/school ofany staffing changes within the agency that relates to the services
indicated on this agreement.
. Be cooperative when resolving conflicts with school/district staff.
School/District resJronsibilities include:
. Respect the rights ofcontractor.
o Provided information regarding the procedurals and schedule ofthe school.
o Provide information on emergency procedures.
. When appropriate, invite servicc provider to specific student's MDT and/or IEP team
meetings. with parental approval.
. Accommodate, within reason, Contractor's needs to fulfill the service review plan.
. Provide a positive climate and building cnvironrnent to facilitate mutual assistance.
. Be cooperative when resolving conflicts betrveen contractor and school staft-.
The above items are not to be conscribed as all inclusive. Any concems will be addressed
according to the Dispute Resolution item in the Contractual Agreement.
lN WIl'NESS WHEREOF, the paties have executed this Contractual Agreement
\71 It
Si Contra 's I{eprescntative Date
L.lq.t
Signature u nten ent/Designce
Clontraclor: Candice Perry, (SLP)
Student: Assigncd SLP Students 9Datc: l)ccenrbcr 9 2019
Datc