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HomeMy WebLinkAboutThe Children's Adventure Centerit 'Idaho Falls School District 91 I A World Class Education 690 John Adams Parkway Idaho Falls, Idaho 83401 Phone: (208) 525-7500 FAx: [208) 525-7596 Web Address: www.d91.k1Z.id.us IDAHO FALLS SCHOOL DISTRICT 91 System of Care Protocol for Independent Contractors Protocol for The Children's Adventure Center Providine BEHAVIORAL INTERVENTION SPECIALIST (BI ), BEHAVORIAL INTERVENTION PARAPROFESSIOANL (BI PARA)), BEHAVORIAL TECHNICIAN (BI TECM. COMMUNITY BASED REHABILITATION SERVICES (CBRS). INTERVENTION PROFESSIONAL , HABILITATIVE SKILLS (HS) AND PERSO NAL CARE SERVICES (PC$: The purpose ofthe System ofCare is to establish a procedural protocol to assist Idaho Falls School District 91 in collaborating for the delivery of related services provided by independent confiactors in accordance an eligible student's Individualized Education Program (IEP) and developed pursuant to Idaho Special Education Rules and Regulations, 2018; The Children's Mental Services Act of 1998; and Medicaid billing policy for rehabilitative services in a school setting (IDAPA 16.03.09.245,IDAPA 16.03.10.124.05.c, IDAPA 16.03.10.653.05.e, and IDAPA 16.03.09.855.10 - Qualifications and Supervision). The school will be the lead agency for any enrolled student while that student is in school. Before the Independent Contractor may work with a student, a contmctual agreement must be completed with the Independent Contractor and the Director of Student Services. Independent Contractor Agency: The Children's Adventure Center Supervisor: Heidi Abegglen Business Address: 265 Gladstone, Idaho Falls, ID 83401 Telephone Numb er : 208-528-8639 E-Mail: tacheidia@hotmail.com BI Rate: $34.34lhour BI-Para Rate: $19.3 l/hour BI Tech Rate: $30.03/hour CBRS Rate: $36.26lhour Intervention Professional $47.35/hour HS Pro Rate: $30.03ihour HS Para Rate 519.3l/hour PCS Rate: $l 1.94lhour lndependent Students: As per addendum Date: Director of Student Services: Contractor: The Children's Adventure Center School Year 2022-2023 Date \oqlah tlnl* 1 '4. 'Idaho Falls School District 91 A World Class Education IDAHO FALLS SCHOOL DISTRICT 9T System of Care Protocol for Independent Contractors I. Protocol for Indenendent Con tractors P idine BEHAVIO INTERVENTION SPECIAIIST (BN. B VORIAL INTER ON PARAPROFESSIO NL (BI PARA). BI TECHNICIAN(BI TECM.CO Y BASED ILITATION SER VICES (CBRS). INTERVE ON PROFESSIONAL.AND HABILITATIVF],SKILLS (HS) and PERS o NAL CARE SERVICES GCS): The purpose ofthe System ofcare is to establish a procedural protocol to assist Idaho Falls School District 91 in collaborating for the delivery of related services provided by independent contractors in accordance an eligible student's Individualized Education Program (IEP) and developed pursuant to Idaho Special Education Rules and Regulations, 2018; The Children's Mental Services Act of 1998; and Medicaid billing policy for rehabilitative services in a school setting (IDAPA 16,03.09.245, IDAPA 16.03.10.124.05.c, IDAPA 16.03.10.653.05.e, and IDAPA 16.03.09.855.10 Qualifications and Supervision). This protocol provides guidelines for Idaho Falls school District 91 and independent contractors to implement Behavioral lntervention (BI) and Personal care services (pcS) community Based Rehabilitation services (GBRS) that are delivered to Medicaid eligible students with an IEP on file within the school district. In order to provide BI and GBRS services in the school setting, the Independent contractor must be approved by the Director of Student Services and provide the following documentation: A copy of your current certificate of liability insurance with Idaho Fa[s School District 9l named as an additional insured on the policy. Proof of workers' compensation coverage for independent contractor personnel. A copy ofthe contractor personnel current criminal background check prior to having contact with students pusuant to Idaho Code Section 33-130. A copy of the contractor personnel credentials pertinent to the service being provided prior to working with students. A copy of all planned and subsequent completion of training taken towards CBRS CPRP and,/or CFRP Certification in accordance with USPRA. IDAPA I 6.03.09.855. 10.k.ii. I 2 J 4 5 1 Contractor: Children's Adventure Center (BI, CBRS, INT PRO, HS, PCS) Date: luly 25.2022 690 fohn Adams Parkway Idaho Falls, Idaho 83401 Phone: [208J 525-7500 FAX: [208J 525-7596 Web Address: www.d91.k12.id.us A copy ofthe service plan the student is working on in non-school settings. Provide monthly documentation of one-to-one supervision by a qualified agency representative with the CBRS provider(s) to review treatrnent provided to the student in accordance with IDAPA 16.03.09.855.10. The CBRS provider and agency are responsible to provide supervision with each student the provider has worked with monthly. This includes if the provider only worked with a student for one day and must be conducted within the calendar month they are submitting billing. The school will be the lead agency for any enrolled student while that student is in school. Before the Independent Contractor may work with a student, a contractual agreement must be completed with the Independent Contractor, the Building Principal, and the Director of Student Services. Idaho Falls School District 91 must follow the privacy provisions set forth by the Family Educational fughts and Privacy Act (FERPA), Health Insurance Portability and Accountability Act (HIPAA), and the Idaho Special Education Manual, 2018. Idaho Falls School District 91 will need written authorization from the parenVguardian to share information with private service providers. II. Overview for Independent Contractors Working with Students 1. "Independent contractor" means a person, group, agency, or organization that meets the following conditions: a. Provides services to the District under the terms specified in the contractual agreement; b. Provides services to the District according to his or her own processes and methods; c. Is paid or reimbursed for services provided to a student through the established billing policy. 2. "Conflict of interest" means any official action or any decision or recommendation by a person who is employed by the school district, the effect of which would be the private pecuniary benefit ofthe person or a member of the person's household, or a business with which the person or a member of the person's household is associated. a. In the event that a school district employee has an interest in the independent contract, or a conflict of interest, the employee must: i. Prepare a written statement describing the matter required to be acted upon and the nature ofthe potential conflict; ii. Deliver the statement to the employee's direct supervisor. 3. The Independent Contractor may: a. Submit assessment data and/or reports to a school's evaluation team for consideration in the student evaluation process. 6 7 b. Be invited to an evaluation team meeting by parenVguardian. the school and/or Contactor: Children's Adventure Center (BI, CBRS, INT PRO, HS, PCS) Date: l\rly 25. 2022 2 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 education 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 ofthe contractual agreement with the school district (see Independent Contractor Contractual Agreement). i. Contracts are established when the school district describes the services to be provided, including the frequency and duration of services; is paying for the services; and outlines the role, responsibilities, and requirements of the Independent Contractor, including documentation of licensureicertification to perform the prescribed services, documentation of current background check(s), documentation of liability insurance, terms of payment, and provisions for changes or termination of the contract. d. Provide services to students on school grounds under the terms of the Summary of Services (see Summary of Services form).i. The Summary of Services is established to allow the services to take place on school properfy to benefit the student's progress in the general education curriculum. The Summary of Services shall describe the specific services to be provided; the responsibilities of the school and the Independent Contractor; and the provisions for space, time, equipment, and materials provided by the school district. ii. The school district may terminate the Summary of Services at any time. iii. Services provided under the Summary of Services to a student with a disability shall be included on the student's IEP. 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 accessible to an independent contractor who is under contract with the school district and with the written consent of the student's parenVguardian or the student, if 18 years old or older. 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. Issues related to the arnount of time students are removed from school for any purpose fall under the terms ofother school district policies. 4 5 6 3Contractor: Children's Adventure Centcr (BI, CBRS, INT PRO, HS, PCS) Date: l'uly 25- 2022 INDEPENDENT CONTRACTOR CONTRACTUA L AGREEM ENT This Independent Contractor Contractual Agreement (hereinafter referred to as "Contractual Agreement") is entered into between Idaho Falls School District 91 (hereinafter referred to as "the District") and CHILDREN'S ADVENTURE CENTER (hereinafter referred to as "Contractor"). Whereas, the Distdct provides special educational and related services lo assist students attending school in the District in their educational development, as identified on the student's Individualized Education Program (lEP); and Whereas, the Contractor is duly licensed and/or qualified and able to provide related services to the Distdct's students; It is hereby agreed by both parties that: DURATION OF AGREEMENT The period ofthis Contractual Agreement will commence on the 23th dav of Ausust 2022 and remain ir effect until t e 26rh dav of Mav 2023 . This Contactual Agreement is contingent upon the availability ofdistrict funding. This Contactual Agreement shall not exceed twelve (12) calendar months. At the discretion ofthe District, the Contractual Agreement may be renewed annually. RELATIONSHIP OF PARTIES In performing services under this Contractual Agreement, Contactor 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 Contractor shall render the professional services enumerated on the Summary ofServices, attached hereto and made a part ofthis Contactual Agreement as set forth fully herein. RECORD KEEPING Contractor shall be responsible for maintaining complete and accurate records documenting the 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 dght to review such records at any time during business hours. Appropriate Medicaid billing sheets will be completed each month for the student(s) served. CONFIDENTIALITY Contmctor agrees that all information regarding services provided pursuant to this Contractual Agreement, inctuding, but not limited to, the student's identity and the natwe ofservices rendered, shall be confidential pusuant to the Family Educational Records and Privacy Act (FERPA). Contractor is prohibited from disclosing any information obtained as a result of rendering services pursuant to this Contractual Agreement to any individual not aulhorized and directed by the District or without the consent ofthe parenvguardian or the student, if l8 years of age or older. REPORTING OF ABUSE, ABANDONMENT, OR NEGLECT Contractor acknowledges its obligation to comply with ldaho Code Section 16-160t, et seq. and report, within 24 hours, any suspected abuse, abandonment, or neglect ofa child to law enforcement or the Idaho Department of Health and Welfare. Contractor also agrees to inform the District, within 24 hours, of such suspicion. Contractor: Children's Adventure Center (BI, CBRS, tNT PRO, HS, PCS) 4Date: lrly 25,2022 Idaho Falls School District 91 SERVICE DELIVERV: TIME AND PLACE Confactor shall perform services set forth in the Summary of Services, unless the parties mutually agree to a modification ofthe time and place ofservice delivery. COORDINATION OF SERVICES To facilitate delivery ofservices, the District will provide: (1) reasonable and prompt notification of meetings and other appointments in which the Contractor is expected to participate; (2) signed parental consent forms, as necessary; (3) identi8/ing information regarding the client and the parent/guardian; and (4) reasonable assistance in facilitating communication between the Contractor and the client, parenVguardian, and other providers and agencies. PRIOR APPROVAL OF SERVICES All services rendered by Contractor under the terms ofthis Contractual Agreem€nt shall require prior approval by the Disrict in accordance with federal and state laws and regulations, local policies and procedures, and professional codes of conduct. CONSENT/AUTHORIZATION TO ACCESS EDUCATIONAL RECOR-DS OR PROTECTED HEALTTI INFORMATION The District and Contractor shall at all times require tie written consent or authorization ofthe parenrguardian or student, if l8 years ofage or older, for the disclosure or access to educational information pursuant to FERPA or protected health information pursuart to the Health Information Portability and Accountability Act (HIPAA) regarding the student, and shall maintain the confidentiality ofthat information consistent with the state and federal law and regulations. PROFESSIONAL SERVICES The 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 Contractual Agreement will be performed in accordance with the highest professional standards. Written documentation will be provided to the District attesting that all employees who come into contact wilh students shall have been subject to a criminal background check at least as stringent as that required by Idaho Code Section 33-130 and policies ofthe District, and have been determined to not have a criminal background inconsistent with working with children. The District shall have the right to observe services being provided to the clients. INSURANCE AND LIABILITY Contractor shall be solely liable for any losses or damages resulting fiom Contractor's performance of any ofthe services covered by this Contractual Agreement. Contractor shall indemni$ and hold harmless the District from any liability, including, but not limited to, cost, expenses, and attorney fees, resulting from Contractor's performance ofthe services provided under this Contractual Agreement. Proof of insurance shall be submitted to the District within ten (10) days ofthe date ofthis Contractual Agreement. COMPENSATION/BILLING The District shall compensate Contractor for the direct services identified on the attached Idaho School Based Medicaid Program Service Detail and Activity Record. Reimbursement for approved hours will be at the allowable billing rate (per unit) for Behavioral Intervention (BI) and Personal Care Services (PCS) less state funding rate (30%) and billing services ( l0%) rates, in an amount not to exceed the District's rate forthe term ofthe Conractual Ageement. Additional hours will be compensated at the same rate, provided that the additional hours have been pre-approyed, in wdting, by the Distdct's designee. Contractor will submit a monthly invoice (statement ofservices rendered) and the completed district Medicaid reporting forms to the Director ofStudent Services by the end ofeach month. These completed forms must be accurate and ready to submit to the District's billing service. Generally, the District will issue checks monthly ifthe invoice and paperwork are completed and in the District offrce Contractor: Children s Adventure Center (BI, CBRS, INT PRO, HS, PCS) 5Date: July 25.2022 Intervention Paraprofessional (BI PARA) Services. $34.34 per hour for Behavioral Intervention Specialist (BI) Services, $30.03 per hour for Behavioral Intervention Technician.$36.26 pe r hour for Communitv Based Rehabilitation Seryiccq (LBRS) Serviqes, ) Intqrvention Prafesslonal $4735 per trsur,$11,94 per hour for Personal Care Services (PC S). $30.03 oer hour for Habilitative Skills Pro (HS PRO), and $19.31 pe r hour for Habilitative Skills Para (HS !\\1\) for the duration of the contract. NON.DISCRIMINATION The parties hereby agree that no person shall be excluded from, denied participation in, or otherwise subjected to discrimination on the grounds ofrace, color, creed, national origin, sex, age, or disability in performance ofthis Contractual Agreement. GOVERNANCE This Contactual Agreement shall be govemed by the laws ofthe State ofldaho. Confactor shall, at all times, comply with and observe all federal, state, and local laws, regulations, and ordinances which are in effect and applicable during the period ofthis Contractual Agreement. ASSIGNMENT This Contractual Agreement shall not be subject to assignment, in whole or in part, by Contractor or by operation of law, so as to authorize any person other than Contractor, or Contactor's employees, to assume the duties subject to this Contractual Agreement without the District's prior wiften consent. SUCCESSORS AND ASSIGNS This Contractual Agreement is binding upon, and inures to the benefit of, successors and permitted assigns to the Contractual Agreement. AMENDMENT This Contactual Agreement may be amended at any time with the prior written consent ofboth parties. Any and all amendments to this Contractual Ageement shall be in wliting. TERMINATION This Contractual Agreement may be terminated without cause by either party within thirty (30) days after providing uritten notice ofthe intent to terminate to the other party. Additionally, the District may immediately terminate this Contactual Agreement, upon written notice, in the event funding for the District's program is no longer available or the specific services to this Contractual Ageement are modified or terminated for a student. DEFAULT Upon default by either party, the non-defaulting party may, upon wdtten notice, cancel this Conhactual Agreement immediately and may pursue any and all available legal and equitable remedies. The 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 performance, legal fees, and other losses incurred due to the default. Contractor: Children's Adventure Center (BI, CBRS, INT PRO, HS, PCS) 6Date. July 25,2022 by the end ofthe previous month. Agency providers are responsible for getting the appropriate supervision completed by the appropriate supewisor depending on service being provided. All forms must be completed fully, signed and be the original. Each monthly invoice must include the following information for each student receiving services: (l) student's name, (2) description ofservices provided, (3) total number ofhours spent in providing services, and (4) cost ofservices provided. Additional documentation may be required by the District and must be proyided within five (5) working days ofthe date the writlen request for the documentation is made. TheDislrictagreestopaycontractoratarateof@ TIME OF PERFORMANCE Time is ofthe essence in this Contractual Agreement; therefore, all times for performance ofthe obligations, as stated herein, shall be strictly complied with by the parties. NON-WAVIER BREACH The failure ofContractor or the District to insist upon strict performance ofany ofthe terms ofthis Contractual Agreement, or to exercise any option herein conferred in any or all instances, shall not constitute a waiver or relinquisbment ofany such term, but the same shall be and remain in full force and effect, unless such waiver is evidenced by the prior written consent of Contractor or the District. ATTORNEY FEES Ifeither party defaults in any manner or fails to fulfill any and,/or all provisions ofthis Contractual Agreement, and ifthe non-defaulting parfy hires an attomey to exercise its rights upon such default or failure, or ifthe parties are involved in any litigation (including any proceedings in bankruptcy), the preyailing party shall be entitled to recover reasonable aftomey fees and costs fiom the other party. This paragraph shall be enforceable by the panies notwithstanding 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 ofspecial education and independent contractor services in a non-adversarial manner and to ensure that using the following process to resolve interagency disputes does not disrupt services to students and families: l. Al individual or agency with a concern will first use the agency's intemal procedures to address the concern. 2. Ifresolution is not achieved at the previous level, the issue and all relevant information will now be forwarded to the Director ofStudent Services for Idaho Falls School District 9l and Contractor's administator. 3. Ifconsensus is not reached at the previous level, the Director ofStudent Services will forward the issue and all relevant information to the Superintendent ofldaho Falls School District 9l.4. Ifa concem is related to the quality ofservice or health and safety issues, schools should refer such concems about Contractor and/or the services being provided to the Director ofStudent Services and Contractor's administrator to be addressed. 5. [fthese concerns are not resolved in a dialogue with the school adminisfiator (the Director of Student Services and/or the Superintendent) and the Contractor's administrator, the Departrnent of Health and Welfare regional licensing entity may be contacted to investigate the situation. SERVERABILITY Any term or provision ofthis Contractual Ageement that is invalid or unenforceable in any situation in anyjurisdiction will be deemed modified to reflect the intent ofthe parties, determined by reference to the invalid or unenforceable term or provision, to the greatest permissible extent, and will not affect the yalidity or enforceability ofthe remaining terms and provisions ofthe Contractual Agreement or the validity or enforceabitity ofthe offending term or provision in any other situation orjurisdiction. COMPLETE STATEMENT OF TERMS This Contractual Agreement constitutes the entire agreement between the parties hereto, and shall supersede all previous oral or written proposals, negotiations, commitments, and all other communications between the parties. This Contractual Agreement may not be released, discharged, or modified except by an instrum€nt in writing, signed by the duly authorized representatives ofthe parties. Contractor: Children's Adventure Center (Br, CBRS. INT PRO, HS, PCS) 7Date: luly 25,2022 SUMMARY OF SERVICES Independent Contractor and Idaho Falls School District 9l This Summary of Services is to be used only after the District and Contractor have signed the Independent Contractor Contractual Agreement. Department of Health & Welfare Contact: School Based Medicaid Address: 3232 Elder Street, Boise, ID 83705 Telephone Number: 208-3 64- 1903 Independent Contractor Agency: Children's Adventure Center Administrator: Heidi Abegglen Business Address: 265 Gladstone, Idaho Falls, ID 83401 Telephone Number: 208-528-8639 E-Mail: TACHeidiA@hotmail.com Certificate/LicensureNumber: TADVENTCTRI03 Expiration Date: 513112025 Direct Service Provider: Qualified individual as mutually agreed upon Review of Service: First Review: November 14, 2021 Second Review: February 13,2022 Third Review: April 24, 2022 At the student's annual IEP Team meeting SERVICE PLAN(S) MUST BE ATTACHED (For Information Only) Service(s) to be provide: Behavioral Intervention (BI), Community Based Rehabilitation Services (CBRS), Personal Care Services (PCS) and Habilitative Skills (HS) When service(s) will be provided: Day(s): Monday - Friday when school is in session and student is attending Time: the school day when student is attending Location (i.e., classroom, playground, etc...): all locations Duration of services (each day): As required by the assigned students' IEPs. Contractor: Children's Adventure Center (BI, CBRS, INT PRO, HS, PCS)8Date: July 25, 2022 Contractor will comply with the District and/or school operational procedures and witl fulfill the following responsibilities: . Sign in and out ofthe school offrce each visit with proper identification.r Wear picture identification and/or obtain a visitor's identification badge from the school for each visit. r Wear appropriate clothing for the school setting. o Adhere to set schedule - arrive and leave on time. . Notiry the building administrator ifyou will be absent (one day notice, ifpossible).. Pick up and return the student to an appropriate school staff person for each visit, if applicable. . Remain in assigned location. o Be knowledgeable about school emergency procedures. . Not use any information obtained by observing other students to make contact with parents for solicitation purposes. . Not attempt to supersede a teacher or school staffmember in the instructional implementation or supervision ofan individual or class. The special education teacher and./or general education teacher is the instructional leader in the classroom.o Notifu the District and./or school of any staffing changes within the agency that relate to the services indicated on this agreement. o Be cooperative when resolving conflicts with district and/or school staff. District/school responsibilities include:. Respect the rights of Contractor.o Provide information regarding the procedures and schedule ofthe school.o Provide information on emergency procedures. . When appropriate, invite Contractor to specific student's Multi-Disciplinary Team (MDT) meetings and,/or Individualized Education Program (lEP) team meetings.. Accommodate, within reason, Contractor's needs to fulfill the service plan.o Provide a positive climate and building environment to facilitate mutual assistancer Be cooperative when resolving conflicts between Contractor and school staff. The above items are not to be considered all inclusive. Any concerns will be addressed according to the Dispute Resolution section in the Contractual Agreement. IN WITNESS WHEREOF, the parties have executed this Contractual Agreement. ^1 2a of Contraclor slgnee D ate 1 0,\?h Signature of Di strlct 9l Supe t or Designee 9Contractor: Children's Adv€nture Center (BI, CBRS, INT PRO, HS, PCS) Date: Jdy 25.2022 Date