[Note:
This sample agreement is provided solely for the convenience of Illinois
school districts. Prior to using this
sample agreement, the district should consult with the district’s
attorney and all provisions should be carefully reviewed to ensure compliance
with district policy and the needs and specific circumstances of the
district. In editing this sample for local use, districts are
advised that certain elements are required in these agreements by federal
statute, and districts should not omit those required elements.
Use of this agreement shall not be deemed to create an attorney-client
relationship between the Illinois State Board of Education and the district.]
CONTRACTUAL
AGREEMENT FOR SUPPLEMENTAL EDUCATIONAL SERVICES
FOR THE 20__
– 20__ SCHOOL YEAR
By and
Between
[INSERT DISTRICT
NAME]
And
[INSERT PROVIDER
NAME]
THIS CONTRACTUAL
AGREEMENT FOR SUPPLEMENTAL EDUCATIONAL SERVICES FOR THE 20__ - 20__
SCHOOL YEAR (this “Agreement”) is entered into this ____________
day of _____________________, 20___, by and between the Board of Education
of [INSERT DISTRICT NAME] (the “District”), a body politic and corporate
created pursuant to the laws of the State of Illinois, and [INSERT PROVIDER
NAME] (the “Provider”), a [INSERT TYPE OF ENTITY] created pursuant
to the laws of the State of [INSERT STATE OF INCORPORATION]. The
Provider and the District are collectively referred to as the “Parties,”
and each, a “Party.”
W I T N E S
S E T H:
WHEREAS, one
or more schools within the District has not made adequate yearly progress
for at least three consecutive years in accordance with Title I of the
Elementary and Secondary Education Act, as reauthorized by the No Child
Left Behind Act of 2001 (“NCLB”);
WHEREAS, under
NCLB, students from low-income families attending such schools (“eligible
students”) are eligible to receive additional academic instruction
designed to increase academic achievement outside of the regular school
day, which may include academic assistance such as tutoring, remediation
and other educational interventions (“supplemental educational services”
or “SES”);
WHEREAS, the
Provider has been approved by the Illinois State Board of Education
(“ISBE”) to provide SES within the State of Illinois in accordance
with ISBE’s application process established pursuant to NCLB; and
WHEREAS, at
least one parent or guardian of an eligible student (“Parent”) has
selected Provider to furnish his child with SES for the school year
referenced in the Preamble.
NOW, THEREFORE,
in consideration of the foregoing and the mutual covenants contained
herein, the parties hereby agree as follows:
PURPOSE AND STATEMENT
OF WORK. The Provider shall perform all terms, conditions
and provisions contained in the scope of services description attached
hereto as Exhibit A (collectively, the “Services”). The Provider
shall perform the Services (i) with a high degree of skill, care and
diligence, and (ii) in accordance with the highest professional standards.
The Provider shall provide qualified and trained personnel and all materials
and equipment necessary to undertake the Services and to fulfill the
purposes of this Agreement. The Provider will use personnel suitably
qualified and experienced to perform the Services in accordance with
the requirements of this Agreement. The Provider shall be an independent
contractor. Neither the Provider nor its personnel or subcontractors
shall be considered agents or employees of the District. The Provider
acknowledges and agrees that the responsibility for payment of all taxes,
employees’ salaries and contracts or other expenses of the Provider
shall be the Provider’s obligation.
[ADD IF USING
DISTRICT FACILITIES: The Provider’s use of District Facilities
in connection with the Services shall be in accordance with the Facilities
Use Agreement set forth on Exhibit C.]
2.TERM.
This Agreement shall become effective on the date first written above
and shall, subject to any earlier termination as provided herein, terminate
on [September 30, 20__].
PAYMENT, EXPENSES
AND BILLING.
a.Initial
Per-Pupil Contract Amount: Under NCLB and 23 Ill. Adm.
Code 675 (the “SES Administrative Rules”), the maximum per-pupil
amount the Provider is permitted to charge the District for SES is limited
to the lesser of: (1) the District’s per-pupil allocation under
Part A of Title 1 of NCLB; or (ii) the actual cost of the services (“actual
cost”). The District’s per-pupil allocation under Part A of
Title 1 of NCLB is [$_____________] (the “Per-Pupil Allocation”).
In accordance with the SES Administrative Rules, the Provider must establish
a reasonable estimate of its total and per-pupil actual costs for purposes
of its agreement with the District through the cost reporting process
established by ISBE (PARS), and that reasonable estimate is the basis
for this section of this contract. This reasonable per-pupil estimate
is allocated as follows between the four expense categories set forth
in the SES Administrative Rules:
Program Expenses:$_____________
Occupancy Expenses: $_____________
Curriculum Development Expenses: $_____________
Administrative and General Expenses$_____________
Total Per-Pupil Cost$_____________
The Provider’s
reasonable estimate of its actual per-pupil cost for the provision of
SES is based on a minimum of ______ hours and on a maximum of ______
hours of tutoring per child at a reasonable estimated per-pupil hourly
rate of $_________.
Accordingly,
the “Initial Per-Pupil Contract Amount” shall be the lesser of the
Per-Pupil Allocation or the applicable reasonable estimate of the actual
cost reported to ISBE and set forth herein. The Provider and District
acknowledge and agree that the Provider’s reported costs set forth
in this Paragraph are subject to review by ISBE and, if the Provider
is a non-governmental entity serving more than 50 students, the costs
are subject to verification by a Licensed Certified Public Accountant,
and that the costs are accordingly subject to adjustment based on such
review. The District acknowledges that the presuppositions the
Provider has used to create its reasonable actual cost estimate may
change and thus will allow the above cost amounts to be reconsidered
within this contract for possible change (See Section 10(c) below).
b.Billings:
The Provider shall be paid the Per-Pupil Hourly Rate, based upon actual
attendance by students at a session of the Provider’s program as reported
to ISBE and the District through ISBE’s tracking system (STARS), and
shall not be compensated the Per-Pupil Hourly Rate for students not
attending a session. The Provider shall submit billings using
one of the billing reports available to the Provider through STARS.
The District also requires the following additional documentation be
supplied with each STARS billing report: _____________________.
Billing shall be submitted to the contact person and address listed
in Paragraph 12.a. This report can be mailed or hand-delivered
to ____________ by _______________. (In the event the required
delivery date falls on a weekend or holiday, the prior work day will
serve as the report day.)
If the District,
in good faith, deems any of the obligations required of the Provider
to not meet the requirements of this Agreement, it may withhold payment
billed by the Provider until such insufficiency is corrected.
The District shall not be obligated to pay for any Services not in compliance
with this Agreement or the requirements of 23 Ill. Adm. Code 675.
In the event of early termination of this Agreement, the District shall
only be obligated to pay amounts incurred up to the date of termination.
c.Final
Payment. No later than sixty days after the Provider’s conclusion
of SES within the District, the Provider must report to both ISBE and
the District its cost of SES within the District during the term of
this Agreement in accordance with the SES Administrative Rules.
The final amount paid to the Provider shall be the lesser of (i) its
actual cost of SES within the District, as established and reported
in accordance with the SES Administrative Rules; or (ii) the Per-Pupil
Hourly Rate, multiplied by the hours of student attendance in the provider’s
program. Further, the District shall not pay to the Provider any
amount that, on a per-pupil basis based upon the Provider’s cost report
to ISBE, exceeds the Provider’s reasonable estimate for any of the
four expense categories set forth in Paragraph 3.a. The District
shall withhold twenty percent (20%) of the amount owed to the Provider
for services during the 20__-20__ school year pending the reporting
of the Provider’s cost of SES within the District. Final payment
by the District, or the repayment of any amounts overpaid to the Provider,
shall occur by the later of: (i) thirty day’s from the Provider’s
submission of its cost report to ISBE and the District; or (ii) June
30, 20__.
d.No Additional
Compensation. The Provider shall not charge any other fees
nor seek any payment and/or compensation of any kind whatsoever from
students or Parents for the Services provided under this Agreement.
4.CONFIDENTIAL
INFORMATION
a.Acknowledgment
of Confidentiality. Each Party hereby acknowledges that it
may be exposed to confidential and proprietary information of the other
party including, without limitation, other technical information (including
functional and technical specifications, designs, drawings, analysis,
research, processes, computer programs, methods, ideas, "know how”
and the like), business information (sales and marketing research, materials,
plans, accounting and financial information, personnel records and the
like) and other information designated as confidential expressly or
by the circumstances in which it is provided ("Confidential Information").
Confidential Information does not include (i) information already known
or independently developed by the recipient, (ii) information in the
public domain through no wrongful act of the recipient, or (iii) information
received by the recipient from a third party who was free to disclose
it.
b.Covenant
Not to Disclose. With respect to the other Party's Confidential
Information, the recipient hereby agrees that during the term of this
Agreement and at all times thereafter it shall not use, commercialize
or disclose such Confidential Information to any third party without
the other Party's prior written approval; provided, that all such recipients
shall have first executed a confidentiality agreement in a form acceptable
to the owner of such information. Neither Party nor any recipient
may alter or remove from any software or associated documentation owned
or provided by the other Party any proprietary, copyright, trademark
or trade secret legend. Each Party shall use at least the same
degree of care in safeguarding the other Party's Confidential Information
as it uses in safeguarding its own confidential information.
c.Student
Records. Provider will comply with the relevant requirements
of the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C.
1232g) and the Illinois School Student Records Act (ISSRA) (105 ILCS
10/1 et seq.), regarding the confidentiality of student “education
records” as defined in FERPA and “school student records” as defined
in ISSRA. Any use of information contained in student education
records to be released must be approved by the District. To protect
the confidentiality of student education records, the Provider will
limit access to student education records to those employees who reasonably
need access to them in order to perform their responsibilities under
this Agreement. The District will obtain necessary consent prior
to disclosure of confidential student records to the Provider.
The Provider will likewise obtain necessary consent prior to disclosure
of confidential student records to the District.
5. DEFAULT
AND TERMINATION
a.Provider
Default: The occurrence of any one or more of the following
matters constitutes a default by the Provider under this Agreement (a
“Provider Default”):
(i)The Provider
becomes insolvent or generally fails to pay, or admits in writing its
inability or unwillingness to pay, its debts as they become due; Provider
makes a general assignment for the benefit of its creditors;
The Provider shall
commence or consent to any case, proceeding or other action (a) seeking
reorganization, arrangement, adjustment, liquidation, dissolution or
composition of the Provider or of the Provider’s debts under any law
relating to bankruptcy, insolvency, reorganization or relief of debts,
or (b) seeking appointment of a receiver, trustee or similar official
for the Provider or for all or any part of the Provider’s property;
Any case, proceeding
or other action against the Provider shall be commenced (a) seeking
to have an order for relief entered against the Provider as debtor,
(b) seeking reorganization, arrangement, adjustment, liquidation, dissolution
or composition of the Provider or the Provider’s debts under any law
relating to bankruptcy, insolvency, reorganization or relief of debtors,
or (c) seeking appointment of a receiver, trustee, or similar official
for the Provider or for all or any part of the Provider’s property;
The breach of any
representation, certification or warranty made by the Provider in this
Agreement or in the Provider’s application approved by ISBE;
The Provider attempts
to assign, convey or transfer this Agreement or any interest herein
without District’s prior written consent;
The Provider fails
to observe or perform any other covenant, agreement, obligation, duty
or provision of this Agreement, and such failure continues for thirty
(30) days after the Provider’s receipt of written notice thereof from
District; or
The Provider discloses
the public identity of any student who is eligible for or who receives
Services without the written permission of the Parents.
b.Notification
to the State Superintendent of Education; Termination of
Services. Upon the occurrence of a Provider Default, the District
shall provide written notification to the State Superintendent of Education.
The State Superintendent of Education shall require information from
both the Provider and the District to determine the validity of the
declaration of the Provider Default. Following the receipt of
such information, the State Superintendent of Education shall either
(i) permit the District to proceed with the termination of this Agreement;
(ii) permit the District to proceed with the termination of SES at a
particular school, if performance issues are localized, whereupon the
Parties shall amend this Agreement to reflect the same; (iii) institute
a corrective action plan in accordance with the SES Administrative Rules,
whereupon the Parties shall amend this Agreement to reflect the same;
or (iv) invalidate the declaration of a Provider Default. Any
damages incurred by District as a result of a Provider Default shall
be borne by the Provider at its sole cost and expense, shall not be
payable as part of the contract amount set forth in Paragraph 3(a) and
shall be reimbursed to District by the Provider upon demand.
c.Termination
of Services to a Particular Student. A school district may,
upon ten (10) days prior written notification to the Provider and the
State Superintendent of Education, terminate the services a Provider
is providing to a particular student if the Provider is unable to meet
the student’s specific achievement goals set forth in the student’s
ILP. Any such termination shall be separate and apart from the
default and termination procedures set forth in Paragraphs 7.a. and
7.b.
d.Immediate
Cancellation. The District may cancel this Agreement immediately,
without fault or penalty, if ISBE revokes its approval of the Provider,
or if funds are no longer made available for this Agreement through
action of either the State or Federal government.
6.INDEMNIFICATION
AND INSURANCE.
a.General
Indemnification: To the fullest extent permitted by law, the
Provider agrees to indemnify, defend and hold harmless District, its
board, and its officers and employees from and against any and all claims,
demands, suits, liabilities, injuries (personal or bodily), property
damage, causes of action, losses, costs, expenses, damages or penalties,
including, without limitation, reasonable defense costs and reasonable
legal fees, arising or resulting from, or occasioned by or in connection
with (i) any bodily injury or property damage resulting or arising from
any act or omission to act (whether negligent, willful, wrongful or
otherwise) by the Provider, its subcontractors, anyone directly or indirectly
employed by them or anyone for whose acts they may be liable; (ii) failure
by the Provider or its subcontractors to comply with any laws or regulations
applicable to the performance of the Services; (iii) any act of infringement
of any existing patent or copyright or any unauthorized use of any trade
secret; or (iv) the breach of any representation or warranty provided
by the Provider herein.
b.Insurance Requirements:
The Provider shall maintain insurance policies in the amounts required
by the application under which it has approval from ISBE to offer SES
services. Such policies shall include, without limitation, the
following minimum coverages:
i. A broad form Commercial
General Liability Insurance policy written with a combined single limit
of liability of not less than $1,000,000 for each occurrence of bodily
injury and/or property damage and an annual aggregate of liability of
not less than $1,000,000 for bodily injury and/or property damage, and
an annual aggregate of liability of not less than $1,000,000 for Completed
Operations and Products Liability.
ii. A Comprehensive
Automobile Insurance Policy providing coverage for all owned, hired,
rent, leased and non-owned automobiles, written with combined single
limit of liability of not less than $500,000 for each occurrence of
bodily injury and/or property damage.
iii. A Workers' Compensation
Insurance Policy in an amount not less than the statutory limits (as
may be amended from time to time), including Employer's Liability Insurance
with limits of liability of not less than
1. $500,000 for
bodily injury by accident, each accident
2. $500,000 for
bodily injury by disease, each employee
3. $500,000 aggregate
liability for disease
The policies specified
above shall be placed with insurance coverages reasonably acceptable
to ISBE, and shall incorporate a provision requiring the giving of notice
to ISBE at least thirty (30) days prior to the cancellation, non-renewal
or material modification of any such policies. Unless otherwise agreed
to in writing by ISBE, the Provider will cause all of its subcontractors
to purchase and maintain insurance coverages identical to those required
of the Provider hereunder.
Upon execution
of this Agreement and upon request of District, the Provider shall provide
copies of certificates of insurance evidencing the coverage described
in this Paragraph.
SUBCONTRACTOR
DISCLOSURE. As of the effective date of this Agreement, the
following subcontractors are expected to perform work pursuant to this
Agreement and to be paid with funds provided hereunder:
Name
Address
Anticipated Amount
If during the
term of this Agreement, the Provider wants to retain subcontractors
to be paid with funds provided by this Agreement not listed above, the
Provider must first obtain District’s prior written approval.
Provider agrees to abide by the restrictions in 23 Ill. Adm. Code 675.30
regarding the employment of district or district-related personnel.
8.RECORD-KEEPING.
The Provider and its subcontractors shall maintain books and records
relating to performance of the Agreement or subcontract and necessary
to support amounts charged to the District under the Agreement or subcontract.
Books and records, including information stored in databases or other
computer systems, shall be maintained by the Provider for a period of
five (5) years from the later of the date of final payment under the
Agreement or completion of the services, and by the subcontractor for
a period of five (5) years from the later of the date of the final payment
under the subcontract or completion of the subcontract. The five-
(5) year period shall be extended for the duration of any audit in progress
during the term. Books and records required to be maintained under
this Paragraph shall be available for review or audit by representatives
of the District upon reasonable notice and during normal business hours.
The Provider and its subcontractors shall cooperate fully with any such
audit. Failure to maintain books and records required by this
Paragraph shall establish a presumption in favor of the District for
the recovery of any funds paid by the District under the Agreement for
which adequate books and records are not available to support the purported
disbursement. The Provider shall not impose a charge for audit
or examination of the Provider’s book and records.
9.COOPERATION
Each Party
agrees to cooperate with the other Party with respect to the performance
of the Services in an effort to provide a quality SES program for students
within the District. The Provider shall cooperate with District
representatives visiting and observing tutoring sessions, interviewing
students and Parents and taking such other actions deemed necessary
by the District to administer and evaluate the Services and the District’s
overall SES program. The District shall cooperate with the Provider
in supplying needed student information as quickly as possible after
securing written parental permission to disclose.
10.GENERAL
PROVISIONS.
a.Notices.
All notices, billings or other correspondence required to be given to
either Party pursuant to this Agreement shall be sent by facsimile or
delivered or mailed to the following addresses:
[DISTRICT][PROVIDER]
Attention:__________________Attention:__________________
____________________________________________________
____________________________________________________
Facsimile: __________________Facsimile:
__________________
b.Program
Managers. Each Party hereby designates the following Program
Managers who will oversee the implementation of the Services within
the District:
For
the Provider: ___________________________
For
the District: ____________________________
Each
Party may from time to time change the designation of the Program Manager
by notice given to the other Party in accordance with Paragraph 10.a.
c.Amendment.
This Agreement may only be amended in writing signed by both Parties.
d.Entirety. This
Agreement, together with the Exhibits attached hereto, constitutes the
entire Agreement between the Parties with respect to the subject matter
hereof, and supersedes any other negotiations, agreements or communications,
whether written or oral, that have been made by either Party.
The matters recited on the first few pages of this Agreement are hereby
incorporated into and made a part of this Agreement.
e.Construction/Order
of Documents. The Parties agree that in determining their
rights and obligations to each other, the express terms and conditions
set forth in the main body of this Agreement shall be controlling over
any term and condition contained in the Exhibits attached hereto, and
that any ambiguity shall be resolved by first applying the terms and
conditions set forth in the main body of this Agreement.
f.Governing
Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Illinois.
Compliance With
Laws. The Provider shall comply, and shall cause its subcontractors
to comply, with all existing and future laws, regulations, rules, ordinances,
orders and decrees (collectively, “Laws”) which are applicable to
the Provider’s services. The Provider shall secure, pay for
and maintain all registrations, licenses, certifications, permits or
approvals which relate to the provision of its Services. If the
Provider should discover any discrepancy or inconsistency between the
requirements of any Laws and the scope or nature of the services, the
Provider shall immediately notify District in writing of such discrepancy
or inconsistency and shall conform its Services to any subsequent orders
or instructions of District.
Severability.
In case any provision in this Agreement is held to be invalid, illegal
or unenforceable, the validity, legality and enforceability of the remaining
provisions shall not be affected.
Time is of the
Essence. Time is of the essence of this Agreement.
Ownership of
Records. All records, reports, documents or other material
delivered to or transmitted to the District pursuant to this Agreement
shall remain the property of the District.
Cumulative Rights.
Except as otherwise provided in this Agreement, rights and remedies
available to the District and/or the Provider as set forth in this Agreement
shall be cumulative with and in addition to, and not in limitation of,
any other rights or remedies available to such Parties at law and/or
in equity, and any specific right or remedy conferred upon or reserved
to District and/or the Provider in any provision of this Agreement shall
not preclude the concurrent or consecutive exercise of a right or remedy
provided for in any other provision hereof.
Authority to
Execute. Each Party represents and warrants to the other that
this Agreement has been duly authorized, executed and delivered by and
on behalf of each such Party, and constitutes the legal, valid and binding
agreement of said Party.
No Waiver.
No course of dealing or failure of the District and/or the Provider
to enforce strictly any term, right or condition of this Agreement shall
be construed as a waiver of such term, right or condition. No
express waiver of any term, right or condition of this Agreement shall
operate as a waiver of any other term, right or condition.
Assignment.
Neither Party may assign this Agreement in whole or in part without
the prior written approval of the other Party.
Certifications
and Assurances: The Provider represents and warrants that
all of the certifications and assurances set forth on Exhibit B attached
hereto are and shall remain true and correct.
Exhibits:
The following Exhibits are hereby incorporated into this Agreement by
this reference and expressly made a part of this Agreement.
EXHIBIT
A - SCOPE OF SERVICES
EXHIBIT
B - PROVIDER CERTIFICATIONS AND ASSURANCES
EXHIBIT
C - CONDITIONS RELATED TO USAGE OF DISTRICT FACILITIES
IN
WITNESS WHEREOF, the Parties have executed this Agreement as of the
day and year first written above.
__________________________________________________________________
District NameProvider
Name
__________________________________________________________________
District Authorized
SignatureProvider Authorized Signature
Its: ______________________________Its:
______________________________
Date: ____________________________Date:
____________________________
EXHIBIT A
SCOPE OF SERVICES
1.General
Requirements
The Provider
shall cause SES to be delivered to eligible students enrolled in the
Provider’s program in accordance with this Agreement, the Provider’s
application as approved by ISBE and as may be amended from time to time,
the SES Administrative Rules (23 Ill. Adm. Code 675) and all other applicable
Laws, and the student’s Individual Learning Plan (“ILP”).
The Provider acknowledges that in accordance with the SES Administrative
Rules, the Provider’s program must be offered in accordance with the
elements in the Provider’s approved application. Specifically,
the program must:
include an appropriate,
nationally recognized diagnostic assessment for use in identifying students’
weaknesses and achievement gaps upon which to build an individual student
plan and learning goals;
use targeted remediation/instruction
that is aimed at addressing the individual skill gaps revealed during
the assessment and that is based upon an individual learning plan;
include a post assessment
linked to the diagnostic assessment to determine whether student gains
occurred and to further develop a plan for either re-teaching skills
or identifying new skills for instruction;
align with the Illinois
Learning Standards set forth at 23 Ill. Adm. Code 1, Appendix D, in
the subject areas being presented by the Provider;
be consistent with
the academic program a student experiences in the regular school day;
and
use instructional
practices that are high-quality, research-based, and specifically designed
to increase students’ academic achievement.
The Provider
will provide Services that are aligned to the student’s ILP, and in
a manner that allows the timetable written in the ILP to be met.
Assignment of
Students
The District
will provide Parents of eligible students with a listing of supplemental
educational service providers seeking to provide services within the
District. The District will include with this listing the abbreviated
program description submitted by the Provider to ISBE with its application,
and such other marketing materials/flyers provided by the Provider to
the District in sufficient quantities for distribution. Parents
will be required to complete an enrollment form and then return it to
the District in a process prescribed and made known by the District.
The District will assign eligible students to the Provider in accordance
with selections made by Parents and will supply to the Provider as soon
as is practicable such student information as is needed by the Provider
to execute this contract. The Provider will adhere to District
procedures regarding the selection of students if sufficient funds are
not available for all students seeking supplemental educational services.
The list of assigned students is subject to change from time to time
based upon subsequent Parental requests and student transfers.
The Provider may not impose additional criteria on the admission or
assignment of otherwise eligible students to its program; provided,
however, that admission or assignment is subject to the limitations
in the Provider’s ISBE-approved application.
Meetings
Upon receipt
of the assigned student list, the Provider must schedule an orientation
conference with the principal of each assigned student’s home school.
During such conference, the Provider and principal will develop an outreach
plan to contact Parents. If the Provider is using District facilities,
the principal will also explain all policies, procedures and guidelines
related to the delivery of services on school property. The principal
will also identify the school’s designated SES coordinator.
Prior to the
commencement of a student’s SES, the Provider will meet with the student’s
Parent(s) and District personnel to develop statements of specific achievement
goals for the student to be set forth in the student’s ILP.
The District will retain the original signed ILP, and the Provider and
Parents will receive copies. The District may withhold payments
to the Provider for services to any student for whom an ILP has not
been created or the original of that ILP has not been delivered to the
District. The Provider will meet with Parents at the end of the
Provider’s program to discuss the student’s progress over the course
of the year, and to obtain the Parent’s assessment of the Provider’s
program through the Parent survey.
During the
term of this Agreement, the Provider will meet with representatives
of the District to discuss the Provider’s overall program or an individual
student’s progress at such times and at such frequency as the District
may reasonably request.
Notifications
The Provider
shall immediately notify the District’s Program Manager in writing
of any assigned student who fails to attend three consecutive sessions.
The Provider shall immediately drop any student (and so record this
fact in STARS) who fails to attend five consecutive sessions or who
has missed and failed to make up twelve sessions in total. The
Provider shall provide advance notice to the District Program manager
any time its tutor will be unable, for any reason, to conduct a scheduled
tutoring session. Any tutoring sessions that are cancelled due
to tutor no-shows must be rescheduled as soon as possible on a date
mutually agreed upon by the District Program Manager and the Provider.
The Provider
shall immediately report to the District any injuries sustained by students
during the course of the Services.
The Provider
shall promptly notify the District of any grievances or complaints received
from Parents or District personnel. The Provider shall report
the resolution of such grievances or complaints as well.
Reporting
The Provider
must report attendance through STARS for all students participating
in the Provider’s program, recording their participation in, or absence
from, tutoring sessions.
The Provider
must submit progress reports to Parents and teachers/schools regularly.
“Regularly” is defined as ___________________. The Parent’s
copy of the report must be mailed to the parents by ______________.
The school’s copy can be mailed or hand-delivered to ____________
by _______________. (In the event the required delivery date falls
on a weekend or holiday, the prior work day will serve as the report
day.) If Parents or teachers desire more frequent reporting for
a particular student, this additional reporting will be set forth in
a student’s ILP. The final progress report must describe the
student’s performance on the post-assessment administered by the Provider,
and include an assessment of whether the Provider met the objectives
for the student set out in the ILP. An objective will not be considered
“met” until at least an 80% mastery rate is demonstrated by the
student.
End-of-year reporting requirements
to the district will comprise ____________________________. This
report can be mailed or hand-delivered to ____________ by _______________.
(In the event the required delivery date falls on a weekend or holiday,
the prior work day will serve as the report day.)
EXHIBIT B
PROVIDER CERTIFICATIONS
AND ASSURANCES
The Provider
hereby represents and warrants to the District that the following certifications
and assurances are and shall remain true and correct:
i.All individuals
providing Services to children meet, at a minimum, the requirements
for paraprofessionals under the No Child Left Behind Act of 2001;
ii.The
Provider is duly organized, validly existing and in good standing under
the laws of the state of its incorporation, and duly qualified to conduct
business in Illinois;
iii.In
the case of students with disabilities, the Provider’s program will
support the implementation of the student’s Individualized Education
Program under Section 614(d) of the Individuals with Disabilities Education
Act and provide services consistent with section 504 of the Rehabilitation
Act of 1973.
iv.All
instruction and content shall be secular, neutral and nonideological.
v.All Services
will be provided outside of the regular school day.
vi.The
Provider will respect the confidentiality of student records and share
this information only with parents and appropriate school personnel.
The Provider will not disclose to the public the identity of any student
who is eligible for, or receiving, SES without the prior written permission
of the Parents.
vii.In
accordance with 105 ILCS 5/10-21.9, all individuals providing Services
to children will have successfully completed criminal background checks,
and evidence will be provided to the District of the same. For
tutors who are not resident in the United States, these criminal background
checks will also include a check conducted in each tutor’s country
of residence that is comparable in scope to the federal and state check
required in 105 ILCS 5/10-21.9.
viii.In
accordance with 105 ILCS 5/24-5, individuals providing Services to children
will be in good health and free of communicable disease, and evidence
will be provided to the District of the same.
ix.The
Provider will not discriminate on the basis of race, national origin,
or sex in accepting students and providing students with Services.
The Provider may decline to begin services to students with disabilities
if the Provider determines that one or more of the disabling conditions
are beyond the capabilities of the Provider, and the Provider shall
not accept ELL or disabled students unless approved to do so by ISBE.
Having once accepted a disabled student into its program, a Provider
may not decline to continue offering services to that student as it
does to all other students.
x.The program
information submitted herein, as well as the information contained in
the Provider’s ISBE-approved application, shall be consistent with
the Services offered pursuant to this Agreement.
xi.The
Provider shall comply with all requirements set forth in 23 Ill. Adm.
Code 675 including, but not limited to, the SES Provider Code of Ethics
set forth in 23 Ill. Adm. Code 675.30.
The Provider has
full legal right and authority to use any and all equipment, software,
data, materials, products, trade secrets and intellectual property used
in connection with the Services.
If the Provider
offers its services through a provider-supplied computer and/or Internet
connection, the computer and/or Internet connection must be so devised
as to be useable only for SES purposes during the provision of services.
EXHIBIT C
CONDITIONS RELATED
TO USAGE OF DISTRICT FACILITIES
Facilities
& Equipment Usage. Provider, its employees or agents
performing Services, shall be permitted to enter upon and utilize District
facilities in connection with the performance of its Services hereunder,
subject to the terms and conditions contained herein and those rules
established by the District and the school. Provider shall provide
advance notice to the school Principal and the District’s Program
Manager of any such intended use of school property to furnish Services
hereunder. In those instances where Provider is authorized to
utilize a District facility and related equipment to provide Services,
Provider shall establish a usage schedule with the Principal.
Conditions
of Use. Provider accepts the school premises and equipment
in an as-is condition and Provider is solely responsible for determining
that such premises and equipment are suitable for its program use.
Consent to enter upon and use District property given by the Principal
and the District’s Program Manager shall not create, nor be deemed
to imply, the creation of any additional responsibilities on the part
of the District. The Principal shall have the authority
to the maximum extent possible to direct and condition Provider’s
use of a school in performing the Services set forth herein. Provider
shall not conduct any other business on District property other than
the Services and other matters associated with this Agreement.
Provider shall use, and shall cause each of its employees and agents
to use, the highest degree of care when entering upon and utilizing
any property owned by the District in connection with the Services.
Provider shall be responsible for the costs associated with the repair
and restoration of any school property that is damaged as a result of
Provider’s usage, reasonable wear and tear excepted. Provider
shall comply and shall cause each of its employees and agents, to comply
with any and all instructions, requirements and licenses for the use
of such property. Any and all third party claims, suits or judgments,
costs or expenses, including attorneys, reasonable fees, arising from,
by reason of, or in connection with any such entries shall be treated
in accordance with the insurance and indemnification provisions contained
in the Agreement.