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HomeMy WebLinkAboutJourneystiauno Faus School District 91 A World Class Education 690 fohnAdams Parkway Idaho Falls, Idaho 83401 Phone: (208) 525-7500 FAX: (2081 525-7 596 Web Address: www.d91.k12.id.us IDAHO FALLS SCHOOL DISTRICT 9T System of Care Protocol for Independent Contractors I. Protocol for Inde n end t Contractors Providins BEHAVIORAL INTERVENTION SPECIALIST (BN. BEHAVORIAL INTERVENTION PARAPR o FES SIOANL (BI PARA). BI TECHNICIAN (BI TECM. COMMUITITY BASE D REHABILITATION SERVICES (CBRS) A]\tD HABILITATIVE SKILLS (HS): The purpose ofthe System ofCare is to establish a procedural protocol to assist Idaho Falls School District 9l in collaborating for the delivery of related services provided by independent contractors in accordance an eligible student's Individualized Education Program (lEP) and developed pursuant to Idaho Special Education Rules and Regulations, 2018: The Chtldren's Mental Seryices Acr 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 Intervention (BI) Community Based Rehabilitation Services (CBRS) that are delivered to Medicaid eligible students with an IEP on file within the school district. In order to provide BI and CBRS 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 ldaho Falls School District 91 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 \ /ith students pursuant to Idaho Code Section 33- 130. A copy ofthe contractor personnel credentials pertinent to the service being provided prior to working with students. A copy ofall planned and subsequent completion oftraining taken towards CBRS CPRP and,/or CFRP Certification in accordance with USpRA, IDApA 1 6.03.09.8ss. r 0.k.ii. A copy ofthe service plan the student is working on in non-school settings. Contractor: Joumeys (Br, cBRS. HS) 2 3 4 5 6 Date luly 28- 2022 Provide monthly documentation of one-to-one supervision by a qualified agency representative with the CBRS provider(s) to review treatment 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 Rights 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 lrom the parenVguardian to share information with private service providers. II. Overview for Independent Contractors Workin e with Students "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 t}rough the established billing policy. "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 pdvate pecuniary benefit ofthe person or a member of the person's household, or a business with which the person or a member ofthe 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. The Independent Contractor may: a. Submit assessment data and/or reports to a school's evaluation team for consideration in the student evaluation process. b. Be invited to an evaluation team meeting by the school and/or parent/guardian. 7 2 2Contractor: Joumeys (BI, CBRS, HS) Date July 28, 2022 1. 3. 4 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 ofthe school district. c. Provide services in the schools to students under the terms ofthe contractual agreement with the school district (see Independent Contractor Conkactual 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 t}te services; and outlines the role, responsibilities, and requirements of the Independent Contractor, including documentation of licensure/certification to perform the prescribed services, documentation of current background check(s), documentation of liability insurance, terms of payment, and provisions for changes or termination ofthe 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 property 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 conftactor 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 parent/guardian or the student, if 18 years old or older. 5 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 thut u." not p.oridid at the school. Issues related to the amount of time students are removed from school for any purpose fall under the terms ofother school district policies. Contractor: Joumeys (Bt. CBRS, HS)3 Date July 28, 2022 6. INDEPENDENT CONTRACTOR CONTRACTUAL AGREEMENT This Independent Conkactor Contractual Agreement (hereinafter referred to as "Contractual Agreement") is entered into between tdaho Falls School District 9l (hereinafter referred to as "the District") and JOURI\EYS (hereinafter referred to as "Contractor"). Whereas, the District provides special educational and related services to assisl students attending school in the District in their educational development, as identified on the student's lndividualized Education Program (IEP); and Whereas, the Contractor is duly licensed and/or qualified and able to proyide related services to the District's students; It is hereby agreed by both parties that: DURATION OF AGREEMENT The period ofthis Contmctual Agreemen t will commence on the 23th day ofAugust 2022 and remain in effect until the 26rh dav of Mav 2023. This Contactual Agreement is contingent upon the availability ofdisnict funding. This Contractual Ageement 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, Contractor 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 Confactor shall render the professional services enumerated on the Summary of Services, attached hereto and made a part ofthis Contractual 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 Disfict shall have the right to review such records at any time during business hous. Appropriate Medicaid billing sheets will be completed each month for the student(s) served. CONFIDENTIALITY Contractor agrees that all information regarding services provided pursuant to this Contractual Agreement, including, but not limited to, the student's identity and the nature ofservices rendered, shall be confidential pursuant to the Family Educational Records and Privacy Act (FERPA). Contractor is prohibited from disclosing any information obtained as a result of rendering sewices pursuant to this Contactual Agreement to any individual not authorized and directed by the District or without the consent ofthe parent/guardian or the student, if l8 years of age or older. REPORTINC OF ABUSE, ABANDONMENT, OR NEGLECT contractor acknowledges its obligation to comply with ldaho code Section 16-1601, et seq. and report, within 24 hours, any suspected abuse, abandonment, or neglect ofa child to law enforcement or the ldaho Department of Health and Welfare. Contractor also agrees to inform the District, within 24 hours, of such suspicion. 4Contractor: Joumeys (BI, CBRS, HS) D,:te luly 28.2022 Idaho Falls School District 91 SERVICE DELIVERY: TIME AND PLACE Contractor shall perform seryices set forth in the Summary ofServices, unless the parties mutually agree to a modificatior ofthe time and place ofservice delivery. PRIOR APPROVAL OF SERVICES All services rendered by Contractor under the terms ofthis Contractual Agreement 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. CONSENT/AUTHORIZATION TO ACCESS EDUCATIONAL RECORDS OR PROTECTED HEALTH INFORMATION The District and Confactor shall at all times require the written consent or authorization ofthe parenvBuardian or student, if l8 years ofage or older, for the disclosure or access to educational information pursuant to FERPA or protected health information pursuant 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 with students shall have been subject to a criminal background check at least as stingent as that required by Idaho Code Section 33-130 and policies ofthe District, and have been determined to not hav€ a criminal background inconsistent with working with children. The District shall haye the right to observe services being provided to the clients. INSURANCE AND LIABILITY Contractor shall be solely liable for any losses or damages resulting ftom Contsactor,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 ( l0) 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 Actiyity Record. Reimbursement for approved hours will be at the allowable billing rate (per unit) for community Based R€habilitation Serviies (cBRS) less state funding rate (30%) and billing services (10%) rates, in an amount not to exceed the District,s rate for the term of-the contractual Agreement. Additional hours will be compensated at the same rate,provided that the additionar hours have been pre-approved, in writing, byihe District,s designee. Contractor will submit a monthly invoice (statement ofservices rendered) and the completed districtMedicaid reporting forms to the Director of student services by the end of each month. Thesecompleted forms must be accurate and ready to submit to the District,s bilring service. GeneJry, theDistrict will issue checks monthry ifthe invoice and paperwork are completel and in the Districi officeDy rhe end ot the previous month. Agency providers are responsible for getting the appropriate Contractor: Joumeys (Bl. CBRS, HS)5 Date luly 28. 2022 COORDINATION OF SERVICES To facilitate delivery ofservices, the District will provide: (l) reasonable and prompt notification of meetings and other appointments in which the Contractor is exp€cted to participate, (2) signed parental consent forms, as necessary; (3) identio/ing information regarding the client and the parenVguardian; and (4) reasonable assistance in facilitating communication between the Contractor and the client, parenrguardian, and other providers and agencies. The District agrees to pay Contractor at a rate of $!!f!per hour for Behavioral Intervention Paraprofessio nal (BI PARA) Service &,34-p"r hour for Behavioral Intervention Specialist (BI) Services, $30,03 pe r hour for Behavioral Intervention Technician. $36.26 per hour for Communitv Based Rehabilitation Services CBRS() Services. )$30.03 per hour for Habilitative Skills Pro (HS PRO). and @flper hour for Habilitative Skills PafaaHS PARA) for the duration of the contract. NON-DISCRIMINATION The panies 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 Contractual Agreement shall be governed by the laws ofthe State ofldaho. Contractor 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 Contactual 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 Contractor's employees, to assume the duties subject to this Contractual Agreement without the District's prior written consent. SUCCESSORS AND ASSIGNS This Contractual Agreement is binding upon, and inures to the benefit of, successors and permitted assigns to the Confactual Agreement. AMENDMENT This Contractual Agreement may be amended at any time with the prior written consent of both parties. Any and all amendments to this Contractual Agreement shall be in writing. TERMINATION This Contractual Agreement may be terminated without cause by either party within thirty (30) days after providing written notice ofthe intent to terminate to the other party. Additionally, the District may immediately terminate this Contractual Agreement, upon \aT itten notice, in the event funding for the District's program is no longer available or the specific services to this Contractual Agreement are modified or terminated for a student. DEFAULT Upon default by either party, the non-defaulting party may, upon written notice, cancel this Contractual 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 Iosses incurred due to the default. TIME OF PERFORMANCE Time is ofthe essence in this Contractual Agreement; therefore, all times for performance ofthe obligations, as stated herein, shall be stictly comPlied with by the parties 6Contractor: Joumeys (BI, CBRS, HS) Date July 28,2022 supervision completed by the appropriate supervisor depending on service being provided. AII forms must be completed fully, signed and be the original. Each monthly invoice must include the following information for each student receiving services: (1) studenr's name, (2) description ofservices provided, (3) total number of hours spent in providing services, and (4) cost ofservices provided. Additional documentation may be required by the District and must be provided within five (5) working days ofthe date the wriften request for the documentation is made. NON-WAVIER BREACH The failure of Contractor or the District to insist upon strict performance of any of the terms ofthis Contractual Agreement, or to exercise any option herein conferred in any or all instances, shall not constitute a waiver or relinquishment of any 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 Contactor 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 party hires an attomey to exercise its rights upon such default or failure, or if the parties are involved in any litigation (including any proceedings in bankruptcy), the prevailing party shall be entitled to recover reasonable attomey fees and costs from the other party. This paragraph shall be enforceable by the parties 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. An individual or agency with a concem will hrst use the agency's intemal procedures to address the concem. 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 administrator. 3. Ifconsensus is not reached at the previous level, the Director of Student Services will forward the issue and all relevant information to the Superintendent of ldaho Falls School District 91.4. 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 of Student Services and Contractor's administrator to be addressed. 5. Ifthese concems are not resolved in a dialogue with the school administrator (the Director of Student Services and/or the Superintendent) and the Conractor's administrator, the Department of Health and Welfare regional licensing entity may be contacted to investigate the situation. SERVERABILITY Any term or provision ofthis Contractual Agreement that is invalid or unenforceable in any situation in any jurisdiction 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 validiry or enforceability ofthe remaining terms and provisions ofthe Contractual Agreement or the validity or enforceability 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 instrument in writing, signed by the duly authorized representativ€s ofthe parties. Contractor: Joumeys (Br. CBRS, HS)7Date July 28, 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 lndependent Contractor Contractual Agreement. Department of Health & Welfare Contact: School Based Medicaid Address: 3232 Elder Street, Boise, ID 83705 Telephone Number: 208-364-1903 Independent Contractor Agency: Joumeys Administrator: Andy Crossman Supervisor: Tana Dutton Business Address: 1560 Midway, Ammon, lD 83406 FaxNumber: 208-524-4450 E-Mail: tana.dutton@iquocy$klaje!0 Certificate/LicensureNumber: DDA-5348 ExpirationDate: 3131/2023 Direct Service Provider: Qualifred individual as mutually agreed upon Review of Service: First Review: November I4, 2022 Second Review: February 13, 2023 Third Review: April 24, 2023 At the student's annual IEP Team meeting SERVICf, PLAN(S) MUST BE ATTACHED (For Information Only) Service(s) to be provide: Behavioral Intervention (BI), Community Based Rehabilitation Services (CBRS), 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 ofservices (each day): As required by the assigned students' lEPs. Contractor: Journeys (BI, CBRS, HS) Date July 28, 2022 8 Contractor will comply with the District and/or school operational procedures and will fulfill the following responsibilities: . Sign in and out ofthe school office each visit with proper identification. o Wear picture identification and/or obtain a visitor's identification badge from the school for each visit. . Wear appropriate clothing for the school setting. r Adhere to set schedule - arrive and leave on time. . Notiry the building administrator ifyou will be absent (one day's notice, ifpossible). o Pick up and retum the student to an appropriate school staff person for each visit, if applicable. . Remain in assigned location. o Be knowledgeable about school emergency procedures. o 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 staff member in the instructional implementation or supervision of an individual or class. The special education teacher and/or general education teacher is the instructional leader in the classroom. o Noti& the District and/or school ofany 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. DistricUschool responsibilities include:. Respect the rights of Contractor.r 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 assistance. Be cooperative when resolving conflicts between Contractor and school staff. The above items are not to be considered all inclusive. Any concems will be addressed according to the Dispute Resolution section in the Contractual Agreement. IN WITNESS WHEREOF, the parties have executed this Contractual Agreement. 79 2Z Si of ntractor or Designee Date i?albh Signature of District 91 Superin or Designee Contractor: Joumeys (BI. CBRS. HS) Date 9Date July 28.2022 *'Idaho Falls School District 91 A World Class Education BEHAVIORAL INTERVENTION SPECIALIST (B . BEHAVORIAL INTERVENTIO N PARAPROFESSIOANL (BI PARA)). BEHAVORIAL TECHNICIAN (BI TE CH), COMMUNITY BASED REHABILITATION SERVICES AND HABILITATIVE SKIL The purpose ofthe System ofCare is to establish a procedural protocol to assist Idaho Falls School District 91 in collaborating for the delivery ofrelated 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,2016; 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.o,IDAPA 16.03.10.653.05.e. and IDAPA 16.03.09.355.10 - Qualifications and Supervision). The school will be the lead agency for any enrolled student while that student is in school. Before the Independent Conffactor may work with a student, a contractual agreement must be completed with the Independent Contractor and the Director of Student Services. lndependent Contractor Agency: Joumeys Supervisor: Tana Dutton Business Address: 2660 l'r St, Idaho Falls, ID 83401 E-Mail: tana.dunonr2iou rneysdda.com BI Rate: $34.34lhour BI-Para Rate: $ 19.31/hour BI Tech Rate: $30.03/hour CBRS Rate: $36.26lhour HS Pro Rate: $30.03/hour HS Para Rate $ 19.3l/hour Students: As per addendum. Independent Contractor:Date: Director of Student s"*i"".' Contractori Joumeys School Year 2022-2023 1 690 John Adams Parkway Idaho Falls, Idaho 83401 Phone: (208) 525-7500 FAX: [208] 525-7596 Web Address: www.d91.k12.id.us IDAHO FALLS SCHOOL DISTRICT 9I System of Care Protocol for Independent Contractors I. Protocol for Journevs Providing o^*,1\Mlfi'