HomeMy WebLinkAboutRichard Ward..1
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'Idaho Falls
School District 91
A World Class Education
BEHAVIORAL INTERVENTION IRSEESSIQNAL (BI.PRO) SERVICES:
The purpose ofthe System ofCare is to establish a procedural protocol to assist Idaho Falls School
District 9l 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, 2018; The Children's Mental Sentices
Act of 1998; and Medicaid bitling poticy 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 witl 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 completod
with the Independent Contractor and the Director of Student Services.
Independent Contractor Agency: Richard Ward
Business Address: Rigby, lD 83442
Telephone Number: 208 -221 -2848
E-Mail: WardRich@d9 Lkl 2.id.us
BI-Pro Rate: $31.78/hour
Studcnts: As per addendum
Independent Contractor atc:L
Director of Student Services Date
q\llb?.
690 fohn Adams Parkway
Idaho Falls, Idaho 83401
Phone: (208) 525-7500 FAX: (208) 525-7596
Web Address: www.d91.k12.id-us
IDAIIO FAILS SCHOOL DISTRICT 91
System of Care Protocol for Independent Contractors
I. Protocol for Richard Ward Providing
Contrac(or: Richard Ward
School Year 2022-2023 1
tiauno Falls
School District 91
A World Class Educatian
690 fohn Adams Parkway
Idaho Falls, Idaho 83401
Phone: (208) 525-7500 FAX: (2081 525-7596
Web Address: www.d9L.k1 2.id.us
IDAHO FALLS SCHOOL DISTRICT 91
System of Care Protocol for Independent Contractors
I. Protocol for Indenendcnt Contractors Providin
BEHAVIORAL INTERVENTIOIL(BI) PROFESSIONAL SERVICES:
The purpose of the 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 (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
Qualifi cations and Supervision).
This protocol provides guidelines for Idaho Falls School District 91 and independent
contractors to implement Behavioral Intervention (BI) Professional Services that are
delivered to Medicaid eligible students with an IEP on file within the school district. In
order to provide BI services in the school setting, the Independent Contractor must be
approved by the Director ofStudent Services and provide the following documentation:
The school will be the lead agency for any enrolled studcnt while that studcnt is in school.
Before the Independent Contractor may work with a student, a contractual agreement must
be complcted with the Independent Contractor and the Director ofStudent Services.
Cortractor: Richard Ward (BI-Pro)
Bchavior Analysis Unit
Date: Juiy 26, 2022
l. A copy ofyour current certificate ofliability insurance with Idaho Falls
School District 9l named as an additional insured on the policy.
2. Proof of workers' compensation coverage for independent contractor
personnel.
3. A copy ofthe contractor personnel current criminal background check prior
to having contact with students pursuant to Idaho Code Section 33-130.
4. A copy ofthe contractor personnel credentials pertinent to the service being
provided prior to working with students.
I
'i'
Idaho Falls School District 9l 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,20l8. Idaho Falls
School District 9l will nced written authorization from thc parent/guardian to share
information with private service providers.
II. Ovcrview for Indcpendent Contractors Working with Students
"Independent contractor" means a person, group, agency, or organization that
mects 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.
"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 ofthe
personrs 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 of the 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 andlor
parent/guardian.
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 eutity.
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 Contractual
Agreement).
i. Contracts are established when the school district describes the
services to be provided, including the frequency and duration of
senices; is paying for the services; and outlines the role,
responsibilities, and requirements of the Independent Contractor,
including documentatioll of licensure/certification to perlorm the
prescribed services, documentation of current background check(s),
Contractor: Richard Ward (BI-Pro)
Behavior Analysis Unit
2
2Date: lvly 26,2022
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3.
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 bcnefit 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 Scrvices 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 conffact 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 amount of time students are removed from
school for any purpose fall under the terms ofother school district policies.
6
Contractor: Richard Ward (BI-Pro)
Behavior Analysis Unit
3Date July 26,2022
4.
5.
Idaho Falls School District 9l
This Independent Contractor Contlactual Agrcement (hercinafter refcred to as "Contractual
Agreement") is entered into between Idaho Falls School District 9l (hereinafter referred to as "the
District") and RICHARD WARD (hereinafter referred to as "Contractor").
Whereas, the District provides special educational and related servic€s to assist students attending
school in the District in their educational development, as identified on the student's Individualized
Education Program (lEP); and
Whereas, the Crntractor is duly licensed and/or qualified and able to provide related services to the
Dist ct's students;
DURATIoN OF AGREEI\{I.]\'I'
The pcriod ofthis Contractual Agreement will commencc onA st 23th.2022 and remain in effect
until May 26'h.2023. This Contractual Agreement is contingent upon the availability ofdistrict
funding. This Contractual Agrccment shall not exceed twelve (12) calendar rnonths. Atthc discrction
of the District, the Contractual Agreement may be renewed amually.
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 constmed as establishing an employer-
employee relationship.
SERVICES TO BE RENDERED
Conkactor 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 rcsponsible for maintaining complete and accuratc records documenting the
professional services plovided pursuant to this Contractual Agreement aud shall provide copies ofthe
records to the District within five {5) working days of the 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 eaeh month for the student(s) served.
CONFIDENTIALITY
Contactor agrees that all information regarding services provided pursuant to this Contraatual
Agreement, including, but not limited to, the student's identity and the nature of services 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 ofrendering services
pursuant to this Contractual Agreement to any individual not authorized and directed by the District or
without the consent ofthe parent/guardian or the student, if 18 years ofage or older.
REPORTING OF ABUSE, ABANDONMENT, OR NEGLECT
contractor ackuowledges its obligation to comply with Idaho code section 16-160r, et seq. aud report,
within 24 hours, any suspected abuse, abandonment, or neglect ofa child to law enforcemcnt or the
Idaho Department of Health and Welfare. Contractor also agrees to iuform the District, u,ithin 24
hours, of such suspicion.
Coolractor: Richard Ward (BI-pro)
Behavior Analysis thit 4Date: luly 26,2022
Ih-DEPENDEN'I CONTRACTOR CONTRACTUAL AGR},EMENI'
It is hercby agrecd by both pa ics that:
SERVICE DELIVERY; TIME AND PLACE
Contractor shall perform services set fofih in the Summary of Services, unless the pafiics mutually
agree to a modification ofthe time and place of service delivery.
COOR.DINATION OF SERVICES
To facilitate delivery of services, the District will provide: (l) reasonable and prompt Dotification of
meetings and other appointments in which the Contractor is expected to participat€; (2) signed parental
consent forms, as necessary; (3) identifuing information regarding the client and the parent/guardian:
and (4) rcasonable assistance in facilitating communication between the Contractor and the client,
parent/guardian, and other providers and agencies.
PRIOR APPROVAI, OF SERVICES
All services rendcred by Contractor under the terms of this 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
Thc District and Contractor shall at all times require the written consent or authorization ofthe
parent/guardian or student, if 18 years ofage or older, for the disclosure or access to educational
information pursuant to FERPA or protected health information pursuant to the Health Infomation
Portability and Accountabitity Act (HIPAA) regarding the student, and shall maintain the
confidentiality ofthat information consistent u,ith the state and federal law and regulations.
PROFESSIONAL SERVICES
The services rendcrcd pusuant to this Contractual Agreement will be provided by individuals who are
duly licensed to pcrform the services or supervised by a licensed/ce*ified provider in accordance with
applicable professional standards. Contractor agrees that all work pursuant to this Contractual
Agrcement will be performed in accordance with the highest professional standards. Written
documentation will bc provided to the Distdct attesting that all employees who come into contact with
students shall have bcen subject to a criminal background check at least as stringent as that required by
Idaho Code Section 33-130 and policies ofthe Distdct, 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 prcvidcd to the clients.
INSURANCE AND LIABILITY
Contractor shall be solely liable for any losses or damages resulting from Contractor's performance of
any ofthe services covered by this Contractual Agreement. Contactor shall indemnifu and hold
harmless the District from any liability, including, but not limited to, cost, expenses, and attomey 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. Reimbunement for approved hours will
be at the allowable billing rate (per unit) for Behavioral lntervention (BI) less state funding rate (30%)
and billiog services (l0oZ) mtes, in an amount not to cxceed the District's rate for the term of{he
Contractual Agreement. Additional houn will be compensated at the same mte, provided that the
additional hours have been pre-approved, in w ting, by the District's designee.
Contractor will submit a monthly invoice (statement ofservices rendered) and the completed district
Medicaid reporting forms to the Director of Student Services by the end ofeach month These
completed forms must be accurate and rcady to submit to the District's billing service. Generally, the
Distiict will issue clrccks monthly ifthe invoice and paperwork are completed and in the Distdct officc
by the end of the prcvious monttr. All forms must be completed fully, signcd and be the original' Each
Contmctor: Richard Ward (BI-Pro)
Behavior Analysis Unit
5Date: July 26, 2022
monthly inyoice must includc th€ following information for each student receiving serviccs: (l)
student's name, (2) description of sewices provided, (3) total number ofhours spent in providing
services, and (4) cost of serviccs proyided. Additional documentation may be required by the District
and must be provided within five (5) working days ofthe date the written rcquest for the
documentation is made.
The District agrees to pay Contractor at a rate of $31.78 pcr hour for Behavioral
Interyention (BI) Professional Services 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 perfonnance ofthis Contractual Agregment.
GOVERNANCE
This Contractual Ageement shall be goycmed by the laws ofthe State ofldaho. Contractor shall, at all
times, comply with and obsen'e all federal, state, and local laws, regulations, and ordinances which are
in effect and applicablc during the period ofthis Contractual Agreement.
ASSIGNMENT
This Contractual Ageement 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 conscnt.
SUCCESSORS AND ASSIGNS
This Contractual Agreement is binding upon, and inures to the benefit of, successors and permittcd
assigns ro the Contracrual Agrcement.
AMENDMENT
This Contractual Agreement may be amended at any time with the prior written consent ofboth
parties. Any and all amendmcnls to this Contactual Agreement shall be in writing.
TERMINATION
This Contractual Agreement may be terminated without cause by either party within thirty (30) days
after providing written noticc ofthe intent to terminate to the other party.
Additionally, the Dist ct may immediately terminate this Cont actual Agreement, upon written notice,
in the event funding for the Dist ct's program is no longer available or the specihc services to this
Contactual Agreement are modified or terminated for a student.
DEFAULT
Upon default by either party, thc non-dcfaulting 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 exp€nses that are incured by the non-
defaulting party as a result thcreof, including, but not limited to, procuring substitute p€rformance,
legal fees, and othq losses 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 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 instanc€s, slrall not
Contractor: Richard Ward (BI-Pro)
Behavior Analysis Unit
Date: July 26,2022 6
constitute a waiver or relinquishnent ofany such term, but the same shall be and remain in full force
and effect, unless such waiver is evidenced by the prior w.itten consent ofContractor 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 attorney to exercise its rights upon such default or
failure, or ifthe parties are involved in any litigation (including any proceedings in bankmptcy), the
prevailing party shall be entitled to recover reasonable attomey fecs and costs from the other party.
This paragraph shall be enforceable by the padies notwithstanding any rescission, forfeiture, or other
termination of this Contractual Agreement.
DISPUTE RESOLUTION
All participating agencies agree to resolvc systemic disputes that arise in lhe provision ofspecial
education and independent contractor services in a non-adversarial manner and to ensure that using the
lbllowing process to resolve interagency disputes does not disrupt services to students and families:
l. An individtral or agency with a concern will first 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 of Student Services for Idaho Falts School Distdct 9l and
Contractor's admi11istrator.
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 91.
4. Ifa conccrn is related to the quality ofservicc 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 Contractor's administmtor, the Deparhnent of
Health and Welfare regional licensing entity may be contacted to investigate the situation.
SERVERABILITY
Any term or provision of this Contractual Agrcement 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
thc validity or cnforceability 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 allprevious oral or written proposals, negotiations, commitments, and all other
commulications between the parties. This Contractual Agreement may not be released, discharged, or
modified except by an instrument in writing, signed by the duly authorized representatives ofthe
parties.
7Contractor: Richard Ward (BI-Pro)
Behavior Aralysis Unit
Date: July 26, 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 signcd the
Independent Contractor Contractual Agreement.
Department of Health & Welfare
Contact: School Based Medicaid
Address: 3232 Elder Street, Boise, ID 83705
Telephone Number: 208-364- I 903
Independent Contractor Agency: Richard Ward
Administrator: Richard Ward
Business Address: 272N 4064 East, Rigby, lD 83442
Telephone Number 208-7 45-577 5,221-2848
Personal E-Mail: herestill98T gmail.com Dish ict E-Mail: wardrich(dd9l.k 12.id.us
Review of Service:
First Review: November 14, 2021
Second Review: February 13,2022
Third Review: April 24, 2022
Service(s) to be provide: Behavioral Intervention (BI) Profcssional Services, Behavior Analysis
Unit team member.
Contractor: Richard Ward (BI-Pro)
Bchavior Analysis Unit 8Datc: luly 26,2022
Contractor will comply with the District and/or school operational procedures and will fulfitl
the following responsibilities:
. Sign i and out ofthe school ofhce each visit with proper identification.o Wcar picture identification and,/or obtain a visitor's identification badge from the
school for each visit,
o 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).
o Pick up and retum the student to an appropriate school staffperson for each visit, if
applicable.
o 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 staff member 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.. Notiry 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.. Provide testing materials and technology devices (laptop, iPad, headphones) for
personal usc and to work with students, ifneeded.
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 WITNES HEREOF, the parties have executed this Contractual Agreement.
tr/r/e L
Signature of Contractor or Designee
Signature of District 91 Superintendent o slgnee
Contractor: Richard Ward (BI-Pro)
Behavior Analysis Unit
qlql?7
9D e. July 26,2022
Date
District/school rcsponsibilities includc:
. Respect the rights ofContractor.
o Provide information regarding the procedures and schedule ofthe school.
o Provide information on emergency procedures.
o When appropriate, invite Contractor to specific student's Multi-Disciplinary Team
(MDT) meetings and/or Individualized Education Prograrr (lEP) team meetings.
o Accommodate, within reason, Contractor's needs to fulfill the service plan.
. Provide a positive climate and building environment to facilitate muhral assistance.
o Be cooperative when resolving conflicts between Contractor and school staff.
Date