HomeMy WebLinkAboutRes 16-15 WA Birdville ISD Shared Services Agreement Deaf and Hearing Impaired WESTLAKE ACADEMY
RESOLUTION 16-15
A RESOLUTION OF THE WESTLAKE ACADEMY BOARD OF TRUSTEES
APPROVING A SHARED SERVICES ARRANGEMENT FOR DEAF AND HEARING
IMPAIRED STUDENTS WITH THE BIRDVILLE INDEPENDENT SCHOOL
DISTRICT—REGIONAL DAY SCHOOL PROGRAM.
WHEREAS, the Board of Trustees for Westlake Academy desires to provide educational
services to all students at the school; and
WHEREAS, the utilization of shared services arrangements may be necessary for
students who are deaf and/or hearing impaired; and
WHEREAS, the Board of Trustees finds that the passage of this Resolution is in the best
interest of the citizens of Westlake as well as the students, their parents, and faculty of Westlake
Academy.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
WESTLAKE ACADEMY:
SECTION 1: That, all matters stated in the recitals hereinabove are found to be true and
correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That, the Board of Trustees of Westlake Academy, hereby approves the
Shared Services Arrangement Agreement with the Birdville Independent School District —
Regional Day School Program for Westlake Academy attached to this resolution as Exhibit "A':
SECTION 4: If any portion of this resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
Resolution WA 16-15
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SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 1.0`h DAY OF AUGUST 2016.
J.
Laua Wheat, President
ATTEST:
Kelly Edwards oard Secretary Thomas E. Bryme , S perintendent
APPROVE O R
Ja t S. bert r L tant Lowry,
School Attorney
Resolution WA 16-15
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BIRDVILLE REGIONAL DAY SCHOOL PROGRAM FOR THE DEAF
SHARED SERVICES ARRANGEMENT AGREEMENT
The BIRDVILLE INDEPENDENT SCHOOL DISTRICT, CARROLL INDEPENDENT
SCHOOL DISTRICT, EAGLE MOUNTAIN-SAGINAW INDEPENDENT SCHOOL
DISTRICT, GRAPEVINE-COLLEYVILLE INDEPENDENT SCHOOL DISTRICT,
HURST-EULESS-BEDFORD INDEPENDENT SCHOOL DISTRICT, INTERNATIONAL
LEADERSHIP TEXAS CHARTER, KELLER INDEPENDENT SCHOOL DISTRICT,AND
WESTLAKE ACADEMY("Member Districts"),hereby agree to cooperatively operate their
special education programs for students with auditory impairments as set forth herein
under the authority of TEXAS EDUCATION CODE Sections 29.007 and 3o.o8i et seq.
and TEXAS GOV'T CODE Section 791.001 et seq., (Vernon 1994), as the BIRDVILLE
REGIONAL DAY SCHOOL PROGRAM FOR THE DEAF (hereinafter "BIRDVILLE
RDSPD SSA") as set out in this Birdville Regional Day School Program for the Deaf
Special Education Shared Services Arrangement Agreement. Member Districts covenant
and agree that:
1. General Covenants and Provisions
1.1 The purpose of this Agreement is to create a cooperative arrangement
whereby the Member Districts may provide for the efficient delivery of legally
required special education and related services to eligible students with hearing
impairments for the parties referenced herein. It is agreed and understood that
any student who has a hearing impairment which severely impairs processing
linguistic information through hearing, even with recommended amplification,
and which adversely affects educational performance shall be eligible for
consideration for the Birdville RDSPD SSA, subject to the ARD committee
recommendations.
1.2 It is further agreed that the RDSPD SSA is not intended to serve a student
whose primary, ongoing needs are related to a severe or profound emotional,
behavioral or cognitive deficient, and not primarily AL This provision shall not be
construed as a requirement for the RDSPD SSA to serve a student who presents
with a disability which in addition to Auditory Impairment, requires services or
programming that exceeds Al programming. The RDSPD SSA applies LRE
standards when considering services for students with AL
1.3 The Member Districts do not intend by entering this agreement, or
otherwise,to create a separate or additional legal entity.
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1.4 The Birdville RDSPD SSA's administrative offices will be located in Haltom
City,Texas.
1.5 The special education program will be operated in compliance with federal
and state law,including the Individuals with Disabilities Education Act, 20U.S.C.
§ 14o1 et seq.; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794; the
Americans with Disabilities Act, 42 U.S.C. § 121o1 et seq.; Chapter 29 of the Texas
Education Code; implementing regulations for all applicable statutes; section 1.3
of the Financial Accounting and Reporting Module of the Financial Accountability
System Resource Guide (FASRG) and the RDSPD SSA's Operating Guidelines, if
any, approved by all Member Districts.
All special education terms and acronyms used in this Agreement shall have
the meanings and definitions provided to such terms and acronyms as set out in
Chapter 33 of the Individuals with Disabilities Education Act (IDEA), 20 United
States Code Annotated Section 140o et seq.,34 CFR Part 300,the Texas Education
Code, Chapters 29 and 3o and the Texas Administrative Code, 19 TAC 89.1oo1 et
seq. Such terms and acronyms shall include, but not be limited to, FAPE or Free
Appropriate Public Education, Child Find, IEP or Individualized Education
Program, LEA or Local Education Agency, LRE or Least Restrictive Environment,
Special Education, Evaluations, AI or Auditory Impairment, Eligibility
Determinations, Educational Placements, Procedural Safeguards, SEA or State
Education Agency, MOE or Maintenance of Effort, ESEA or Elementary and
Secondary Education Act and ARD or Admission, Review and Dismissal
Committee.
Birdville RDSPD SSA Auditory Impairment Continuum includes the
following: (1) DHH (Deaf and Hard of Hearing Consult). The student has an
auditory impairment under IDEA and requires specially designed instruction.
(For example, this student may need someone to consult with the teachers and
attend ARD committee meetings, but does not need weekly/direct services by an
AI teacher.) (2) Itinerant (Babies o — 3). (For example, this student has an
auditory impairment under IDEA — Part C and is being served through early
childhood intervention.) This student may need weekly services of an AIteacher
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provided to the parents. (3) Itinerant (School Aged). (For example, this student
has an auditory impairment under IDEA and requires specially designed
instruction. The student may need weekly direct services of an AI teacher to
address unique communication, auditory, language and emotional needs.) (4)
Cluster site. The student who attends the cluster site has an auditory impairment
under IDEA and requires specially designed instruction. (For example, this
student needs daily direct services of an AI teacher, access to sign language
interpreting services and access to deaf peers to address unique communication,
auditory, language and emotional needs.) (5) Texas School for the Deaf. The
student who attends the Texas School for the Deaf has an auditory impairment
under IDEA and requires specially designed instruction. (For example, this
student needs daily direct intensive services of an AI teacher and access to deaf
culture.) This can be a parent initiated placement or a district placement.
1.6 AI students not enrolled in the Birdville RDSPD SSA who meet the eligibility
requirements of hearing impaired, but whose hearing loss is not so severe as to
prevent the processing of linguistic information to impede academic progress,
shall not be enrolled in the Birdville RDSPD SSA for direct services. In the event a
student presents with eligibilities in addition to auditory impairment, it is agreed
and understood that the primary function of the Birdville RDSPD SSA is to ensure
that services are provided to address the disability of auditory impairment. The
Birdville RDSPD SSA shall, upon written request to the Birdville RDSPD SSA
Supervisor, make available a certified teacher of the deaf to be a member of the
student's ARD Committee. Additionally, upon written request to the Birdville
RDSPD SSA Supervisor of the Birdville RDSPD SSA,the Birdville RDSPD SSA will
make available personnel for consultation on a per pupil feebasis.
1.7 Any timelines and procedures referenced herein regarding reconfiguration
of the SSA shall be consistent with the Texas Education Agency's ("TEA') Division
of IDEA Coordination.
1.8 Any SSA operating guidelines or policies inconsistent with the provisions
contained herein shall be deemed null and void.
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1.9 Each Member District retains the responsibility for providing services and
programs pursuant to Section 504 of the Rehabilitation Act.Notwithstanding,the
SSA will comply with Section 504 of the Rehabilitation Act as indicated in Section
1.5.
1.10 Each Member District retains financial responsibility for students who are
enrolled in the Regional Day School Program for the Deaf(RDSPD). It is agreed
and understood that each Member District retains responsibility for transportation
to and from the RDSPD sites or Texas School for the Deaf, ifpossible.
2. Management
2.1 The Birdville RDSPD SSA will be governed by a Management Board
composed of the Superintendents or a Special Education Director, or their
designees of the Member Districts as the representatives of the boards of trustees
of the Member Districts. Such Management Board will meet, at least annually, to
review the SSA Agreement and matters related to the Birdville RDSPDSSA.
2.2 The Birdville RDSPD SSA Supervisor will serve as chairperson of the SSA
Management Board. The special education director or designee,will initially serve
as secretary of the SSA Management Board and will record, prepare and maintain
minutes of each SSA Management Board meeting. The SSA Management Board
may from time to time elect a chairperson from among its members and designate
a secretary,who may or may not be a member of the SSA ManagementBoard.
2.3 Unless otherwise provided herein, Management Board actions require the
approval of a majority of Member Districts. Each Management Board member
present shall have only one vote regardless of whether that Board member
represents more than one Member District in his/her role as a Supervisor of
another Shared Services Arrangement. The RDSPD SSA Supervisor hasdiscretion
to allow for votes to be submitted by written communication or byproxy.
2.4 The SSA Management Board shall annually designate its regular meeting
dates for conducting and reviewing the administration and operation of the shared
services arrangement.The Director has discretion to call additional meetings.
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2.5 The Director, on behalf of the Fiscal Agent, may purchase goods and
services necessary to administer and operate the SSA.
2.6 The RDSPD SSA Supervisor may prepare operating guidelines and
procedures for the RDSPD SSA operation and for review by the SSA Management
Board.
2.7 The SSA Management Board may by a majority vote of its membership,
revoke the membership of a Member District for intentional non-compliance with
the terms of the Agreement or for intentional non-compliance with the policies and
procedures of the RDSPD SSA. Disposition of property shall be governed by
Section 5.11.All TEA timelines and requirements shall apply to any reconfiguration
unless the Agency waives the timelines in writing and submits to the Fiscal Agent
the written Agency waiver. The Board of Trustees of the Member District being
recommended for revocation shall have no vote in such proceeding. Revocation
will be subject to the approval of all Member Districts with the exception of the
Member District being recommended for revocation.
2.8 Any Member District that does not agree to the terms of this SSA Agreement
and does not properly execute this Agreement will not be considered a party to this
contract and will be deemed to have been withdrawn from the SSA without the
necessity of further action by the remaining Member Districts, person, entity, or
agency. Disposition of property shall be governed by Section 5.11. All TEA
timelines and requirements shall apply to any reconfiguration unless the Agency
waives the timelines in writing and submits to the Fiscal Agency the written Agency
waiver.
2.9 Should a Local Education Agency ("LEA"), District or Charter School seek
to become a Member District of the Birdville RDSPD SSA, a written request must
be provided to the Birdville RDSPD SSA Supervisor for Management Board
consideration by September 1st before the notification to TEA of pending
reconfiguration changes due. It is agreed that any reconfiguration is subject to
TEA timelines and approval by the parties to this Agreement. Any legal fees
incurred due to the reconfiguration will be assessed against the School District or
Charter School seeking to become a member. Any reconfiguration is subject to
approval by each Member District's Board of Trustees or Charter'sgoverning
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authority.
3. Personnel
3.1 The Chief Administrator of the Birdville RDSPD SSA will be the Special
Education Director of the Fiscal Agent("RDSPD SSA Supervisor"or"Supervisor"),
who will be employed by the Fiscal Agent district as may be recommended by the
SSA Management Board. The Supervisor shall serve under a contract with the
Fiscal Agent district and be subject to the personnel policies of the Fiscal Agent
district. Administrative decisions regarding daily operations of the instructional
program, including but not limited to related services and staff development and
approved budgeted expenditures consistent with Fiscal Agent policy are within the
authority of the Supervisor. SSA Management Board Operating Guidelines, if any,
may limit or expand the extent of the administrative authority and contractual
power of the Supervisor. Other SSA Supervisor responsibilities include: (a)
recommendation of operating guidelines for the SSA;(b)recruitment,interviewing
and recommendation of employment of SSA personnel to the Fiscal Board Agent,
as needed to ensure that the SSA is staffed with qualified personnel; (c)purchasing
of materials,approval of bills,overseeing disbursements and keeping records of all
transactions; (d) supervising,evaluating and recommending employment status of
other SSA personnel; (e) and other duties as assigned.
3.2 The RDSPD SSA Supervisor shall serve as Fiscal Agent's deputy officer for
public records for purposes of the Texas Public Information Act and the Local
Government Records Act. Each Member District retains responsibility for records
requests made pursuant to the Texas Public Information Act, Family Educational
Rights and Privacy Act (FERPA) or Individuals with Disabilities Education Act
(IDEA)that are submitted directly to the Member District.
3.3 All SSA personnel which may include the Special Education Supervisor,
itinerant staff,paraprofessionals,audiologists, direct services staff,deaf education
teachers, counselors, interpreters, and RDSPD SSA office personnel are employed
by the Fiscal Agent and are subject to the personnel policies of the Fiscal Agent,
including but not limited to, all policies governing contracts, at-will employment,
standards of conduct, leave and other benefits. All personnel of the Member
Districts are subject to SSA Operating Guidelines. The Fiscal Agent may consider
recommendations from the SSA Management Board when employing SSA
personnel,but retains final hiring and termination authority regarding
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employment of SSA personnel. Personnel assigned to a Member District serve
under contract to that District and are subject to the personnel policies.The Chief
Administrator of the Cooperative will be the Special Education Director ("RDSPD
SSA Supervisor"or"Supervisor").
3.4 Employees set forth in 3.1 and 3.3 shall be subject to the Fiscal Agent salary
schedule.
3.5 Any hearing on an employee grievance, termination, or non-renewal is the
responsibility of, and will be held in accordance with, the policies of the District
with whom the employee has a contract or employment relationship.
3.6 Except as otherwise provided herein, SSA personnel who provide special
education services to Member Districts and SSA office personnel, shall be
evaluated by the RDSPD SSA Supervisor or other appropriate supervisor,pursuant
to the evaluation policies and procedures of the Fiscal Agent or the SSA operating
guidelines as determined by the RDSPD SSA Supervisor. RDSPD SSA office
personnel are employed by the Fiscal Agent and are subject to the personnel
policies of the Fiscal Agent, including but not limited to all policies governing
contracts, at-will employment,standards of conduct,leave and other benefits. The
RDSPD Supervisor retains final hiring and termination authority regarding
employment of RDSPD SSA personnel.
3.7 Any hearing on an employee grievance, termination, or non-renewal is the
responsibility of,and will be held in accordance with the policies of the district with
whom the employee has an employment relationship or contractual agreement.
4. Fiscal Agent
4.1 Birdville Independent School District shall serve as the Fiscal Agent. The
Fiscal Agent, as a Member District, is subject to Member District responsibilities
and acknowledges that it is an accredited Texas school district and that it offers
grades kindergarten through 12.
4.2 The Fiscal Agent will account for salaries and expenses of the RDSPD SSA
personnel and RDSPD SSA operating expenses. The parties acknowledge that the
Fiscal Agent may access total Stat end Federal allocations, such as IDEA Part B
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funds,Part C funds(ECI),State Deaf funds,and any other funding received for the
purpose of furthering this program. Member District per-pupil tuition calculations
are based on the expenditures that exceed the total state and federalallocations.
4.3 Except as otherwise provided herein, the Fiscal Agent is responsible for
applying for,receiving, collecting,expending, and distributing all funds,regardless
of source, in accordance with the budget adopted by the SSA Management Board.
The Fiscal Agent shall provide accounting services, reports, and shall perform any
other responsibilities required by RDSPD SSA policies.It is agreed and understood
that the Fiscal Agent assumes no responsibility for a Member District's failure to
maintain its effort. Any claims regarding the mis-application of such funds shall
be the responsibility of the Member District to which such funds wereassigned.
4.4 Except as otherwise provided herein, the Fiscal Agent will prepare and
submit, on behalf of the SSA, any reports or applications required by federal or
state law, SSA Operating Guidelines or RDSPD SSApolicy.
4.5 The Fiscal Agent must notify other Member Districts of any intention to
withdraw as Fiscal Agent of the RDSPD SSA on or before August ist preceding the
end of the last fiscal year it intends to serve as Fiscal Agent. It is agreed and
understood that the withdrawing Fiscal Agent will notify TEA of its intent to
withdraw as Fiscal Agent on or before February ist preceding the end of the last
fiscal year it intends to serve as Fiscal Agent. After a satisfactory independent audit
of the RDSPD SSA's accounts, the transfer of Fiscal Agent status will become
effective July 1.
4.6 The RDSPD SSA Supervisor, on behalf of the Fiscal Agent, may negotiate
contracts with outside service providers for special education and related services
for students with disabilities in accordance with law and RDSPD SSA policies. The
Fiscal Agent shall request compliance with the Americans with Disabilities Act
(ADA)and the Family Educational Rights and Privacy Act(FERPA)by each service
provider.
4.7 Should the Fiscal Agent cease for any reason to serve,the SSA Management
Board will by majority vote appoint another Member District as Fiscal Agent. All
TEAtimelines shall applyto anyreconfiguration,including a change in fiscal agent.
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However, a Member District, if so elected by the Management Board to serve as
the new Fiscal Agent, is not required to serve as Fiscal Agent.A Member District
shall not serve as Fiscal Agent absent specific approval by the Member District's
Board of Trustees or other governing body if not anISD.
4.8 Each Member District, in which a student resides and who receives RDSPD
SSA services, shall be responsible for submitting a PEIMS oil Record to TEA
consistent with TEA Requirements. Each Member District where a student attends
school or the district that provides the service will prepare all required PEIMS
student data reports on the 163 Record for students receiving RDSPD SSA services.
In the event a Member District fails to submit PEIMS students data on the 163
Record for a student who has been served by the RDSPD SSA, it is agreed and
understood that all Member Districts will contribute toward the financial deficit
resulting from such Member District's failure, and that an increase in the local fee
for all Member Districts may result.
5. Member Districts' General Obligations
5.1 Each Member District acknowledges that federal funds received from the
State for special education programs and services, deaf education programs, state
funds and ECI Part C funds flow from TEA directly to the Fiscal Agent. Member
Districts agree that any other funds assessed under SSA policies or other legal
requirement will be remitted within thirty (30) calendar days from the date the
invoice is received from the Fiscal Agent.
5.2 Each Member District agrees to cooperate with the Fiscal Agent in
maintaining the proper fiscal, personnel, and student records for the SSA
operations. Member Districts where a student receives services are responsible for
maintaining student eligibility folders.
5.3 Member Districts in which centralized programs are located shall provide
suitable and sufficient classroom space to accommodate students receiving
itinerant services. Centralized programs or cluster sites are located in Birdville
ISD.
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5.4 Unless otherwise provided herein, title to and ownership of all personal
property of whatever type or nature, acquired, purchased, encumbered, or
committed to by the RDSPD SSA with RDSPD SSA funds, whether through
purchase, lease, time payment, or any other acquisition agreement, regardless of
whether the source of such RDSPD SSA funds was from local, state, federal, or
private sources, are the property of the RDSPD SSA, and not that of individual
Member Districts. All personal property of whatever nature, individually
purchased with Member District funds or otherwise acquired by individual
Member Districts from local resources shall remain that Member District's
property, regardless of its use by the RDSPD SSA for RDSPD SSA educational
services. Agreements pertaining to purchase of real property or any deeds
pertaining to real property are not governed by this contract.
5.5 Except as otherwise provided herein, Member Districts are ultimately
responsible for the education of all students with auditory impairment within its
district boundaries whether the child is served in the local program, centralized
program, Birdville RDSPD SSA, or other placements. For students being servedat
the Birdville RDSPD SSA centralized program, the RDSPD SSA will provide the
following services:
• Periodic assessments;
• IEP documentation on the provision of services except for the initial
ARD
• Annual ARD/IEP meetings and others as necessary;
• School calendar of pupil educational events including extracurricular
events;
• Educational classes appropriate for implementation of the IEP and
provided in the least restrictive instructional arrangement;
• Instructional equipment and/or related services appropriate to the
implementation of the IEP;
• Appropriate instructional classes for those students qualifying for
extended school year services as determined in an ARD/IEP meeting in
collaboration with the home district;
• Sending members may be assessed a fee for ESY or other related services
based on operating guidelines; and
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• Assessment for student transition planning and collaboration with
community and service agencies for future services.
Additionally,the RDSPD SSA Supervisor may plan with each of the Administrators
of Special Education:
• In the referral/admissions process to the Birdville RDSPD SSA.
• In the preparation of the students returning to their local school districts.
• In assisting local school personnel with materials and instructional
modifications for teachers of those students who are identified as AI being
served on their home campuses.
• In reporting to the local Administrator of Special Education as to student
progress and the educational needs for the coming schoolyear.
• In assisting the local Human Resources Department in selection of
appropriate related personnel for serving students with auditory
impairments?
• To be available to assist parents of students who are auditorily impaired in
their understanding of their child's educational needs, planning for the
future,determining state/community resources available to the student and
the family, planning for life skills necessary for independent living, and
providing information regarding areas support organizations.
• In providing support to general education teachers in their class
preparations, techniques for teaching students who are auditorily
impaired, and state/regional/community resources available for students'
success in learning.
• To provide training assistance to the local multi-disciplinary evaluation
team in assessing students with auditory impairments.
• To provide assistance to incorporate elements in the local evaluation
process that will assist in assessing the student who is auditorily impaired
and in developing the IEP.
• Birdville RDSPD SSA personnel collaborate with ECI Intervention
Specialists in accordance with applicable MOUs and within the geographic
boundaries of the programs.
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• Services are initiated as determined by the Infant Family Service Plan
(IFSP) meeting.
The RDSPD SSA does not fund services unless such are deemed educationally
necessary by an ARD committee. For services provided outside the instructional
day,the Member District where student resides isresponsible.
For students who are being served at a Member District and not at the centralized
program site,the RDSPD SSA will provide the followingservices:
Birdville RDSPD SSA will provide direct and consultative itinerant services for
hearing impaired students attending Member District classes according to each
student's ARD/IEP. Such services include:
• language development,
• vocabulary development and
• sign language support for students, and
• Educators.
Consultative services include monitoring of student's use of auditory equipment,
monitoring of student's progress and inclusion in mainstreamed general education
classes, support and recommendations about hearing impaired students to
educators,and aides. The Birdville RDSPD SSA will also provide Al representation
at an ARD meeting or staffing by a certified teacher of the deaf, AI specialist for
consultation, and AI specialist for staffdevelopment.
5.6 For students enrolled in a centralized program, RDSPD SSA shall be
responsible for FM receivers,audio shoes,related warranties and audio systems or
other AT/AI equipment determined necessary by the ARD Committee. For a
student receiving services in his or her home district, the Member District where
the student resides is responsible for the purchase of all equipment set forth in this
provision and deemed appropriate by an ARD committee.
5.7 Child Find is the responsibility of each Member District or charter school
including the initial evaluation to determine eligibility. The Member District or
charter school is responsible for the initial placement through the ARD Committee
process. The Member District or charter school is responsible for following referral
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procedures as set forth in the operating guidelines. Member Districts or charter
schools shall send an ARD representative to the ARD Committee considering the
educational needs of students with auditory impairment from that Member
District. The Member District or charter school representative shall inform the
Birdville RDSPD SSA of any changes in student location orstatus.
5.8 The RDSPD SSA will provide and fund interpreter services for cluster
students participating in after-school non-academic activities. This includes, but
is not limited to, UIL events, sporting events, clubs, after-school tutoring and any
other extra-curricular activity sponsored by a school district. This does not apply
to itinerant students.
5.9 Member Districts are responsible for initial audiological assessments and
for conducting the initial ARD meeting to determine eligibility and placement.
Birdville RDSPD SSA AI teacher may participate in the evaluation or ARD
Committee processes determined by the Supervisor. Member Districts are
responsible for re-evaluations of itinerant students. Birdville RDSPD SSA is
responsible for conducting re-evaluation of students receiving services in the
centralized programs. Sending members may be assessed a fee for an interpreter
as set forth in operating guidelines. Sending members are responsible forsummer
non-academic programs.
5.10 Each Member District agrees that prior to joining another RDSPD SSA,the
Member District will notify the Birdville RDSPD SSASupervisor.
5.11 A Member District may withdraw from the Birdville RDSPD SSA by
providing the Fiscal Agent written notice of its proposed action no later than
February 1 preceding the last fiscal year during which the Member District intends
to remain as a Member District in the Birdville RDSPD SSA. Upon receipt, the
Fiscal Agent shall submit written notice-of-intent-to-withdraw to the Texas
Education Agency ("TEA") prior to February 1, or consistent with other TEA
mandated timelines which may be in effect at the time of withdrawal. The Member
District shall submit any other documentation required by the TEA to effectual the
withdrawal.The Member District retains responsibility of ensuring that all
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withdrawal requirements are met. Upon delivery of such notice, the member's
withdrawal from the Birdville RDSPD SSA shall be effective June 30 of the last
fiscal year during which the withdrawing Member District is a member of the
Birdville RDSPD SSA, contingent upon approval of the TEA. The withdrawing
Member District shall return to the Birdville RDSPD SSA any supplies,equipment,
or fixtures in its possession that were purchased with Birdville RDSPD SSAfunds,
prior to or by the effective June 3o. The Member Districts further agree that any
uncommitted surplus funds, after full satisfaction of all charges and liabilities,
remaining in the Birdville RDSPD SSA's operating fund shall be calculated, and
the withdrawing Member District shall receive a proportionate share,as calculated
pursuant to the formula set forth in Section 6.2 herein of such remaining balance,
in full and complete payment for, and settlement of, any legal and equitablerights
and interest, if any, such withdrawing Member District may have in the Birdville
RDSPD SSA's property or assets. Additionally, a withdrawing Member District
shall pay all costs and fees related to, resulting from, or associated with its
withdrawal, including, but not limited to, legal costs, insurance, or any other
expenses or obligations in an amount not to exceed$lo,000.
6. Fiscal Practices
6.1 The Birdville RDSPD SSA will operate on a budget prepared by the RDSPD
SSA Supervisor and approved by the SSA Management Board and Member District
Boards of Trustees as part of the respective Member Districts' overall budget
approval process. The budget shall be prepared in accordance with guidelines
established by the Texas Education Agency. Any Member District exceeding
budget allocations without the proper budget amendments will be solely
responsible for those expenditures which exceed the budgetallocations.
6.2 Administrative costs, including, but not limited to, all costs and salaries
related to the Supervisor, classroom teachers, itinerant teachers, interpreters,
classroom aides, and Regional Day School office staff,as well as any uncontrollable
costs, incurred by the Birdville RDSPD SSA, over and above the amount of state
deaf and/or federal funds, shall be divided among Member Districts as outlined
below. The Birdville RDSPD SSA is funded as follows:
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Revenue:based on PEIMS October Snapshot date(the last Fridayof
October) and projections fromTEA.
State Deaf Funds—as eligible
IDEA-B Preschool Deaf
IDEA-B Discretionary Deaf
IDEA-B Formula Deaf
IDEA-C ECI
Local Fee based on June 1 Child Count
Total Budget-Expenses =Negative/Deficit
The formula for administrative and uncontrollable costs is as follows:Total
Deficit/All students enrolled on June 1 (classroom-based students being 1 and
home-based infants being .5 full time equivalent or FTE) = Amount due per
student. It is further agreed that any student enrolled subsequent to June 1 willbe
the responsibility of the sending Member District and the sending member will be
assessed a fee in the full as an amount set forth herein. Districts will be responsible
for any student reflected on enrollment on Juneist.
Birdville ISD will receive IDEA-B Formula (Deaf), IDEA-B Preschool (Deaf),
IDEA-C Early Childhood Intervention (Deaf), State Deaf, and IDEA-B
Discretionary (Deaf) funds. When the budget is prepared for the RDSPD SSA
program and the amounts awarded will not be sufficient to cover the costs, the
deficit amount is then divided based upon the total number of students enrolled
on September 1 of the previous school year in the RDSPD SSA. The amounts billed
to the district will help cover the cost of deaf education teachers, interpreters,
paraprofessionals, speech therapists, educational audiologists, related services,
FM systems, travel, materials and supplies and other administrative and
uncontrollable costs as set forth herein. Member Districts agree to pay a pro rata
share of the excess costs of the program as determined by the Fiscal Agent. Each
Member District agrees to remit its share within thirty (30) calendar days of
receiving a statement from the FiscalAgent.
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BIRDVILLE REGIONAL DAY SCHOOL PROGRAM FOR THE DEAF
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A Member District shall not be responsible for any costs associated with the
RDSPD SSA unless such Member District has a student receiving services from the
RDSPD SSA. Member Districts will be notified in writing if the final entitlement
funding from the Texas Education Agency plus the Member Districts' pro rata
share of expenses results in excess revenue. Each Member Districts'pro rata share
of excess revenue will be applied as a credit to the Member Districts' next fiscal
year invoice.
6.3 The SSA's accounts will be audited annually by the independent auditorfor
the Fiscal Agent at Fiscal Agent expense. The cost of such audit will be considered
an administrative cost as set forth herein. For those students being served in
Birdville ISD, the sending school district will submit an allocation based on a per
student total derived by the Management Board using the preceding September 1
child count and agreed-upon formula. Birdville ISD will receive ADA funds for
eligible students receiving their education in the Birdville ISD. The fiscal or
property audit of these funds will be conducted in accordance with rules and
guidelines of the Birdville ISD.
6.4 Member Districts will be notified in writing when the estimated entitlement
figures are known by the TEA regarding projected costs to be charged back to
Member Districts and what the maximum total of their shared costs are estimated
to be. It is agreed and understood that the projected costs set forth herein are an
estimate and may increase based upon the needs of students which cannot be
anticipated.
6.5 Except as otherwise provided herein, a Member District shall not be
responsible for any costs associated with the Birdville RDSPD SSA unless such
Member District has a student receiving services from the Birdville RDSPDSSA.
7. Non-Member Services
7.1 Students from Charters or school districts other than those Member
Districts who are parties to this Agreement ("non-member LEAS") will be
considered for services/placement upon written request to the RDSPD SSA
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Supervisor with authority of the Fiscal Agent of the Birdville RDSPD SSA. An
authorized representative of the non-member LEA shall be present at a
Management Board meeting to present information and any requested
clarification of information regarding the need(s) of the student(s) seeking to
access services. The Member District Boards of Trustees delegate authority to the
Management Board to enter into contracts with non-member LEAS as set forth
herein. The Member Districts acknowledge that it is TEA's expectation that
services be provided to eligible students enrolled in non-member LEAS so that the
intent of TEC Chapter 30, Subchapter D is met. In the event that theManagement
Board determines that providing services to students enrolled in non-member
LEAs would create an undue burden for the Birdville RDSPD SSA,the RDSPD SSA
Supervisor shall refer the matter to TEA forreview.
7.2 Factors to be considered by the Management Board when considering the
non-member's request for services/placement, include, but are not limited to: (1)
the type of services needed; (2) whether additional Birdville RDSPD SSA staff will
have to be employed or engaged to serve the student; (3)whether the non-member
LEA is a member of any other shared services arrangement; (4)whether the non-
member LEA can pay all transportation costs for transporting the student and all
travel costs of staff associated with serving the student; (5) whether the non-
member LEA will agree to transfer funds applicable to the education of the student
as Al to the Birdville RDSPD SSA as appropriate and allowable; (6) whether the
non-member LEA will pay all other costs incurred by Birdville RDSPD SSA in
providing educational services to the student(s); and(7)whether the non-member
LEA will agree to assume responsibility for attorney's fees and costs associated
with any legal action brought by the student or his or her parents.
7.3 The costs for providing Non-Member LEA educational services shall be in
accordance with the fee schedule at Exhibit "A", as applicable and as may be
amended from time to time by the RDSPD SSA Supervisor for the Fiscal Agent.
Further, the non-member LEA seeking educational services will be assessed an
administrative fee to cover all costs associated with the contract in the form
attached as Exhibit"A".
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7.4 The form of the Interlocal contract for non-member LEA educational
services is attached as Exhibit "B".
7.5 Students from Charter Schools who are not parties to this agreement may
be considered for placement upon request to the RDSPD SSA Supervisor of the
Fiscal Agent of the RDSPD SSA through a services contract. Such contracts shall
be in the form attached as Exhibit"C".The Charter School(s) seeking services will
be assessed a fee to cover all costs associated with the contract in the form attached
as Exhibit"A".
7.6 In the event a non-member LEA or Charter School does not agree to enter
into a contract,then the Birdville RDSPD SSA will provide contact information of
providers with whom those schools may directly contract for services,ifavailable.
7.7 Each Member District,by approval of this Birdville RDSPD SSA Agreement,
authorizes and delegates to the Member District's Superintendent the authorityto
execute the forms of agreements set forth at Exhibits"B" and"C".
8. Dissolution
8.1 Dissolution of this Agreement shall require the affirmative vote of a
majority of the Member Districts Board of Trustees. The Fiscal Agent will provide
timely notice to TEA of the intent to dissolve. Upon dissolution, the SSA's funds
and any other remaining assets, after any charges and liabilities, will be divided
equally among the Member Districts.TEA timelines and requirements apply to the
reconfiguration.The Fiscal Agent shall submit a notice of intent to dissolve to TEA
by February ist preceding the end of the fiscal year that the SSA intends to be its
final year as a SSA. The dissolution will take effect on July 1 after the first February
ist following the dissolution vote. Such dissolution shall be consistent with TEA
timelines.
8.2 Should the SSA dissolve, instructional materials and equipment purchased
for use in each district will remain in the respective districts, and become the
property of that district. Any other remaining assets will be divided among the
Member Districts based upon an equal split.
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8.3 Agreements pertaining to purchase of real property shall supersede any
provisions herein.
9. Risk of Loss
9.1 Except as otherwise provided herein, each Member District bears its own
risk of loss. "Loss" includes but is not limited to damage to or loss of personal or
real property, costs of administrative hearings, litigation expenses, awards of
actual damages, court costs, attorneys'fees, and settlement costs.
io. Transportation
lo.>_ Each Member District will insure its owned or leased vehicles used in the
transportation of students with disabilities for the statutory maximum limits of
school district liability for motor vehicle accidents.
10.2 Each Member District bears responsibility for providing or contracting for
the transportation of each of its transportation-eligible students to each facility at
which services are provided. This provision does not apply to parent-placements
to Texas School for the Deaf.
11. Legal Responsibilities
11.1 The Member District wherein the student resides shall be solely
responsible for the provision of a FAPE.
11.2 The Member District wherein the student resides is responsible for legal
costs, court costs and attorney's fees, resulting from litigation directly involving
that student.
11.3 Except as otherwise provided herein, if the SSA or the Fiscal Agent is a
named party(in addition to the Member District wherein the student resides) in a
Due Process Hearing or legal proceeding in state or federal court (brought
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pursuant to the IDEA or Section 504) involving a special education student
receiving services from a Member District, the Member District wherein the
student resides or is otherwise enrolled, is responsible for legal costs, court costs
and attorney's fees resulting from litigation directly involving such student
including reimbursement to the Birdville RDSPD SSA and the Fiscal Agent for any
legal costs incurred by the Birdville RDSPD SSA or the Fiscal Agent. These costs
are solely related to legal fees incurred by the SSA or Fiscal Agent required for the
legal defense of the SSA or Fiscal Agent. Should the Fiscal Agent, as a Member
District,wherein the Petitioner resides, is a Respondent in a Due Process Hearing,
section 11.1, and 11.2 referenced above shall apply.
11.4 Each Member District shall be responsible for legal fees incurred due to
complaints, grievances, terminations, non-renewals or litigation arising from an
employee with whom the district has a contract or with whom the district has an
employment relationship.
11.5 Should the Fiscal Agent incur costs as a result of any complaints,grievances
or lawsuits arising from the Fiscal Agent employee's discharge of duties set forth
herein, then such costs shall be divided among the Member Districts based upon
the formula set forth herein.
11.6 The legal responsibilities stated herein shall survive the expiration of this
contract should litigation arise from events that occurred during the term of the
contract.
11.7 The Member Districts of this Shared Services Arrangement contract agree
to negotiate in good faith in an effort to resolve any dispute related to the contract
that may arise from the Member Districts. If the dispute cannot be resolved by
negotiations,the dispute shall be submitted to mediation before resort to litigation.
If the need for mediation arises a mutually acceptable mediator shall be chosen by
the parties to the dispute who shall share the cost of mediation services based upon
an equal split between the Member Districts. Mediation is a voluntary dispute
resolution process in which the parties to the dispute meet with an impartial
person, called a mediator, who will help to resolve the dispute informally and
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confidentially. Mediators facilitate the resolution of disputes but cannot impose
binding decisions. The parties to the dispute must agree before any settlement is
binding.
11.8 In the event a Special Education Due Process Hearing or a federal court
proceeding arising under the IDEA, is filed on behalf of a student who is not a
resident of Birdville ISD,but who is enrolled for purposes of attending the Regional
Day School Program for the Deaf site, then the sending district will be
responsible for legal defense costs, attorney's fees and any other fees related to
such defense, including settlement costs.
12. The Agreement
12.1 This Agreement will be automatically renewed by each Member District
annually unless notice of withdrawal or dissolution is given under the terms of this
agreement, or this agreement is revised or modified. In the event this contract is
revised or modified and a Member District refuses to execute the revised
Agreement, then that Member District will not be deemed a party to this contract.
In the event there is a dispute among the Member Districts regarding revisions or
modifications to this Agreement, the Member District(s) electing not to agree to
execute the modifications of the contract will not be parties to the Agreement and
Section 12.2 shall control.
12.2 This Agreement will supersede all previous agreements among the parties
in relation to the operation of the SSA and responsibilities under any prior
Cooperative agreement.
12.3 This Agreement will apply to and bind the representatives and successors
in interest of the parties to this agreement.
12.4 This Agreement is governed by the laws of the State ofTexas.
12.5 If any provision of this Agreement becomes or is held violative of any law or
unenforceable,then the invalidity of that provision will not invalidate the
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BIRDVILL REGIONAL DAY SCHOOL PROGRAM FOR THE DEAF
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remaining provisions. The Member Districts agree that all remaining provisions
of this Agreement will remain in effect.
12.6 Citations of and references to any specific federal or state statute or
administrative regulation in this Agreement include any amendment to or
successor of that statute or regulation.
12.7 The effectiveness of this Agreement is conditioned upon the approval of the
Texas Commissioner of Education, pursuant to Education Code§29.007.
12.8 It is understood and agreed that this Agreement may be executed in a
number of identical counterparts, each of which shall be deemed an original for all
purposes.
12.9 It is agreed and understood that the terms of this Agreement shall not be
modified absent written agreement of all parties. Any modifications agreed to by
all Member District Boards of Trustees shall be submitted to the TEA's Division of
IDEA Coordination within 90 calendar days of that amendment.
Executed this Day of , 2016.
BIRDVILLE INDEPENDENT SCHOOLDISTRICT
BY: DATE:
Board President
CARROLL INDEPENDENT SCHOOLDISTRICT
BY: DATE:
Board President
BIRDVILLE REGIONAL DAY SCHOOL PROGRAM FOR THE DEAF
SHARED SERVICES ARRANGEMENT
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BIRD"V.ILLE REGIONAL DAY SCHOOL PROGRAM FOR THE DEAF
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EAGLE MOUNTAIN-SAGINAW INDEPENDENT SCHOOLDISTRICT
BY: DATE:
Baird President `
GRAPEVINE-COLLEYVILLE INDEPENDENT SCHOOLDISTRICT
BY: DATE:
Board President
HURST-EULESS-BEDFOR.D INDEPENDENT SCHOOLDISTRICT
BY: DATE:
Board President
INTERNATIONAL LEADERSHIP TEXASCHARTER
BY: DATE:
KELLER INDEPENDENT SCHOOLDISTRICT
BY: DATE:
Board President
WESTLAKE ACADEMY
f
BY: 1 r
DATE: r' t✓/ u. =
President ,
11 1t VILLE,REGIONAL DAY SCHOOL PROGRAM FOR THE DEAF
SHARED SERVICES ARRANGEMENT
UVINA):2016 PAGE 23 Of 41
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BIRDVILLE REGIONAL DAY SCHOOL PROGRAM FOR THE DEAF
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remaining provisions. The Member Districts agree that all remaining provisions
of this Agreement will remain ineffect.
12.6 Citations of and references to any specific federal or state statute or
administrative regulation in this Agreement include any amendment to or
successor of that statute or regulation.
12.7 The effectiveness of this Agreement is conditioned upon the approval of the
Texas Commissioner of Education, pursuant to Education Code §29.007.
12.8 It is understood and agreed that this Agreement may be executed in a
number of identical counterparts, each of which shall be deemed an original for all
purposes.
12.9 It is agreed and understood that the terms of this Agreement shall not be
modified absent written agreement of all parties. Any modifications agreed to by
all Member District Boards of Trustees shall be submitted to the TEA's Division of
IDEA Coordination within 90 calendar days of that amendment.
Executed this 19 Day of Jan , 2016.
BIRDVILLE INDEPENDENT SCHOOLDISTRICT
BY: �_ _ � DATE: 1-19-16
Board President
CARROLL INDEPENDENT SCHOOLDISTRICT
BY. LL__
DATE: 12-15-15
Board President
BIRDVILLE REGIONAL DAY SCHOOL PROGRAM FOR THE DEAF
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BIRDVILLE REGIONAL DAY SCHOOL PROGRAM FOR THE DEAF
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EAGLE MOUNTAIN-SAGINAW INDEPENDENT SCHOOLDISTRICT
BY: DATE:
Board President
GRAPEVINE-COLLEYVILLE INDEPENDENT SCHOOLDISTRICT
BY: l — - DATE:
Board President
HURST-EULESS-BEDFORD INDEPENDENT SCHOOLDISTRICT
r
BY: DATE:
Board President
INTERNATIONAL LEADERSHIP TEXASCHARTER
BY: DATE: � r-
KELLER INDEPENDENT SCHOOL DISTRICT
BY: DATE: 12-8-15
Board President
BIRDVILLE REGIONAL DAY SCHOOL PROGRAM FOR THE DEAF
SHARED SERVICES ARRANGEMENT
REVISED: 2016 PAGE 23 OF 41
BIRDVILLE REGIONAL DAY SCHOOL PROGRAM FOR THE DEAF
SHARED SERVICES ARRANGEMENT AGREEMENT
WESTLAKE ACADEMY
BY: hz"/xi, � - -- DATE: 8-10-16
President
BIRDVILLE REGIONAL DAY SCHOOL PROGRAM FOR THE DEAF
SHARED SERVICES ARRANGEMENT
REVISED: 2016 PAGE 24 OF 41
_ - ♦--
BIRDVILLE REGIONAL DAY SCHOOL PROGRAM FOR THE DEAF
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Services Listed Are for Reference only
Availability of such services will be determined at the time of a Request for Non-
Member services submission.
EXHIBIT A
Requested Non-Member LEA or Charter Schools Services and Applicable Fees
This fee schedule shall be determined by the RDSPD SSA. Fees will be determined
by Birdville RDSPD SSA at time of Agreement and subject to change. Services are
contingent upon student needs as determined by students'ARD committee.
EVALUATION
a. Otological Evaluation
b. Audiological Assessment
C. Speech and Language Assessment
d. Psycho-Educational Assessment
e. Psychological Assessment
f. Communication Assessment
g. Counseling
h. Re-evaluation
ITINERANT SERVICES
a. Observation
b. Equipment in-services
C. Deliver Batteries
d. Troubleshoot hearing aids/equipment
e. Shuttle/dispense broken and repaired aids
f. Consult with teachers on modifications
g. Consult with diagnosticians on AI Procedures and Paperwork
h. ARD participation
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Jm1ow '"m"
BIRDVILLE REGIONAL DAY SCHOOL PROGRAM FOR THE DEAF
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i. Direct Services to Students
j. Auditory Training
k. Speech and Language Assistance
1. Itinerant Teachers
In. Student Counseling
n Cluster Site Interpreter Services
o. Parent Education
P. Staff Training
CLUSTER SITE SERVICES
a. Transportation
b. Full day services
OTHER
a.
b.
C.
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EXHIBIT B
STATE OF TEXAS §
§ INTERLOCAL AGREEMENT:
§ FOR
COUNTY OF TARRANT §
The Birdville Regional Day School Program for the Deaf, an SSA, in Tarrant
County, Texas ("the SSA"), and ("Non-Member
LEA"), an independent school district and political subdivision of the State of Texas,
hereby enter into this Interlocal Agreement("the Agreement")for the provision of specific
deaf education services for Non-Member LEA students who are eligible for deaf education
services pursuant to IDEA as further defined herein("Deaf Services"), in order to provide
access to the SSA's deaf education program as required by the Texas Education Agency
("TEA"). SSA and Non-Member LEA may be referred to jointly herein as the "Parties,"
and individually as a"Party."
WHEREAS,the SSA is currently providing Deaf Services to its Member Districts;
and
WHEREAS, pursuant to the Birdville Regional Day School Program for the Deaf
Shared Services Arrangement Agreement dated ,the SSA may provide Deaf
Services to Non-Member LEAS, as requested by TEA, by and through an Interlocal
Agreement;and
WHEREAS,Non-Member LEA seeks Deaf Services for certain eligible students;
and
WHEREAS, Non-Member LEA has requested Deaf Services from the SSA andthe
SSA agrees to provide the Deaf Services,by means of this Interlocal Agreement;and
WHEREAS,both Parties acknowledge and have found it will increase the efficiency
and effectiveness of their respective entities as required by Section 791.00l, et seq.of the
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F7BIRDVILLE REGIONAL DAY SCHOOL PROGRAM FOR THE DEAF
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Texas Government Code, the Texas Interlocal Cooperation Act ("the Act"), and will
comply with the Division of IDEA Coordination, TEA, RDSPD SSA Procedures and will
be in their best interests and the interest of the public to cooperate in the provision of
Deaf Services as set forth in thisAgreement;
NOW THEREFORE, the Parties, for and in consideration of the covenants and
agreements herein set forth,to be kept and performed by them respectively,have agreed
to and do hereby agree together as follows:
1. Purpose
Pursuant to Chapter 791 of the Act, the Non-Member LEA and the Member
Districts made a part of the SSA are public entities, entering into this Agreement
for the purpose of providing governmental functions in which the Parties are
mutually interested and with each Party performing functions they would be
authorized to perform individually; specifically: deaf education services and
services for the public health andwelfare.
2. General Agreement
The Non-Member LEA and SSA hereby agree to cooperate as further set forth in
this Agreement in the provision of the Deaf Services. The Deaf Services consist of
those identified on Exhibit"A" attached hereto.
3. SSA Responsibilities
SSA shall provide Deaf Services, utilizing best efforts, through its staff and
personnel, as set forth on Exhibit"A".
4. Non-Member LEA Responsibilities
• The Non-Member LEA agrees to remit any funds assessed by the SSA within
thirty(30)calendar days of receiving a statement from the SSA Fiscal Agent.
• The Non-Member LEA will be liable for any and all costs associated with its
residentially placed students.
• The Non-Member LEA agrees to maintain proper educational records,
including eligibility folders, for students served by the SSA. It is further
agreed that all student records of any student recipient of SSA services,shall
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be provided to the SSA RrLor to the initiation of SSA services. In the event
records submitted are deemed unsatisfactory by the RDSPD SSA or do not
reflect IDEA compliance,Non-Member LEA services maybe rejected.
• The Non-Member LEA shall provide suitable and sufficient classroom space
to accommodate its students as well as office space for supportive personnel
as requested by the SSA.
• It is agreed and understood that the continued delivery of services to
students of Member Districts of the SSA will take precedence over Non-
Member LEA students. When determining whether or not existing SSA
personnel may serve Non-Member LEA student(s), assurances shall be
provided to the Member Districts that the Member District students will
continue to receive appropriate services. This Agreement may be
terminated, consistent with the termination clause set forth herein, should
the SSA, in its sole discretion and at any time, determine that existing
personnel or contract employees cannot adequately serve Non-Member
LEA students while maintaining its obligation to serve Member District
students.
• Non-Member LEAS are responsible for the education of each student with
auditory impairments who resides within that Non-Member LEA's
boundaries regardless of whether the student is served in the Non-Member
LEA's local program,SSA or other placements. Such responsibility includes
the provision of any related services as determined necessary by the
student's ARD Committee. Except as otherwise provided herein, the Non-
Member LEA, through this Interlocal contract, may retain Deaf Services
based upon the fee schedule set forth in Exhibit A.
• Child Find and the determination of eligibility for Deaf Services is the sole
responsibility of the Non-Member LEA. The Non-Member LEA will not be
allowed to access SSA services without the submission of the required
evaluations for Deaf Services eligibility of its students.
• The Non-Member LEA agrees to comply with applicable federal and state
law and the SSA Administrative Guidelines. Noncompliance,as determined
by the SSA, will result in a termination of services, as set forth in the
termination clause herein.
• The Non-Member LEA is solely responsible for transportation of its eligible
students to each facility at which SSA Deaf Services are provided,including
providing all required insurance for vehicles used in such transportation.
• The Non-Member LEA is solely responsible for the provision of a Free and
Appropriate Public Education (FAPE) to its students.
• The Non-Member LEA is responsible for legal costs, court costs, and
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BIRDVILLE REGIONAL DAY SCHOOL PROGRAM FOR THE DEAF
SHARED SERVICES ARRANGEMENT AGREEMENT
Attorney's fees, resulting from litigation directly involving itsstudent(s).
5. Miscellaneous
A. To the extent permitted under Texas law and without waiving any defenses
including governmental immunity, Non-Member LEA agrees to be
responsible for its own acts of negligence, which may arise in connection
with any and all claims for damages, costs and expenses to or by any person
or persons and to any property that may arise out of or be occasioned by this
Agreement or any of its activities or from any act or omission of any
employee or representatives of the parties of this Interlocal Agreement.
Further, Non-Member LEA shall indemnify and hold the SSA harmless
from any actions brought against the SSA, any Member District of the SSA
or any employee, agent or officer of any Member District of the SSA for any
reason related to the Deaf Services and/or this InterlocalAgreement.
B. Notice and Addresses. All notices required hereunder must be given by
certified mail or registered mail, addressed to the proper Party, at the
following addresses:
To the SSA:
With a copy to:
To SSA:
With a copy to:
Either Parry may change the address to which notices are to be sent by giving the
other Parry notice of the new address in the manner provided in this section.
Notices shall be deemed to have been received three (3) days after deposit in the
mail.
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SHARED SERVICES ARRANGEMENT
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BIRDVILLE REGIONAL DAY SCHOOL PROGRAM FOR THE DEAF
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C. Parties Bound. This Agreement shall be binding upon, and inure to the
benefit of, the Parties to this Agreement and their respective heirs,
executors, administrators,legal representatives,successors, and assigns.
D. Prior Agreement Superseded. This Agreement together with the terms of
the Birdville Regional Day School Program for the Deaf Shared Services
Agreement constitutes the sole and only Agreement of the Parties regarding
their responsibilities to each other concerning the Services and supersedes
any prior understandings or written or oral agreements between the Parties
respecting the Services. This Agreement in no way modifies or supersedes
any document executed by the Parties prior to this Agreement which does
not involve the Non-Member Services.
E. Amendment. No amendment, modification, or alteration of the terms of
this Agreement shall be binding unless it is in writing, dated subsequent to
the date of this Agreement, and duly executed by the Parties to this
Agreement.
F. Violation of Law. The Parties shall not violate any federal, state or local
laws, regulations or ordinances in the performance of thisAgreement.
G. Definition of Terms.All special education terms and acronyms used in this
Agreement shall have the meanings and definitions provided to such terms
and acronyms as set out in Chapter III, Part 300 of the Individuals with
Disabilities Education Act (IDEA), 34 CFR 30o et seq, and the Texas
Administrative Code, 19 TAC Chapter 89. Such terms and acronyms shall
include,but not be limited to, FAPE or Free Appropriate Public Education,
IEP or Individualized Education Program, LEA or Local Education Agency,
LRE or Least Restrictive Environment, SEA or State Education Agency,
MOE or Maintenance of Effort, ESEA or Elementary and Secondary
Education Act, and ARD or Admission, Review and Dismissal.
H. Enforceability. If any provision of this Agreement proves unlawful or
unenforceable by a court having jurisdiction over the Parties or the subject
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matter, such provision shall be severable from the other provision of this
Agreement, and all remaining provisions shall be fully enforceable.
I. Governing Law and Place for Performance. This Agreement shall be
governed by the laws of Texas, which state shall also be deemed the place
where this Agreement was entered into and the place of performance and
transaction of business and Parties. In the event of litigation pertaining to
the Agreement, the exclusive forum, venue and place of jurisdiction shall
also be the County of Tarrant and the State of Texas unless otherwise agreed
in writing by the Parties. The Parties acknowledge that each has had the
unfettered opportunity to review, revise and negotiate the terms of this
Agreement, and that if in the future there is a dispute as to the meaning of
any provision herein, then no such provision shall be construed against the
drafter of the Agreement.
J. Exhibits Incorporated. All exhibits to this Agreement are incorporated by
reference as if completely set out herein.
K. Signature Warranty Clause. The signatories to this Agreement represent
and warrant that they have the authority to execute this agreement on
behalf of SSA and the Non-Member District,respectively.
L. No Waiver of Immunities. Nothing in the Agreement shall be construed to
waive any immunity from suit or liability enjoyed by SSA, the Member
Districts, the Non-Member LEA's, or the past or present officers,
employees, or agents of the Non-Member LEA's and MemberDistricts.
M. Approval by Governing Bodies. This Agreement has been approved by the
governing bodies of the SSA and the Non-Member LEA.
N. Payment from Current Revenues. Each Parry paying for the performance
of governmental functions or services must make those payments from
current revenues available to the paying Party.
BIRDVILLE REGIONAL DAY SCHOOL PROGRAM FOR THE DEAF
SHARED SERVICES ARRANGEMENT
REVISED:2016 PAGE 31 OF 41
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BIRDVILLE REGIONAL DAY SCHOOL PROGRAM FOR THE DEAF
SHARED SERVICES ARRANGEMENT AGREEMENT
O. Assignment. Neither Party may assign their interests in this Agreement
except upon receiving the written consent of the other Parry.
P. Either Parry may terminate this agreement at any time with or without
cause,by giving the other parry written notice of its decision to terminate at
least forty-five(45)business days prior to termination.
EXECUTED TO BE EFFECTIVE this Day of ,
20
[INSERT]
By:
Printed Name:
Title:
ATTEST:
By:
[INSERT]
By:
ATTEST:
By:
Exhibits:
Exhibit"A" —Rate Sheet
BIRDVILLE REGIONAL DAY SCHOOL PROGRAM FOR THE DEAF
SHARED SERVICES ARRANGEMENT
REVISED: 2016 PAGE 32 OF 41
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BIRDVILLE REGIONAL DAY SCHOOL PROGRAM FOR THE DEAF
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EXHIBIT C
STATE OF TEXAS §
§ SERVICES AGREEMENT:
§ FOR DEAF EDUCATION
§ SERVICES
COUNTY OF TARRANT §
The Birdville Regional Day School Program for the Deaf, an SSA, inTarrant County,
Texas ("the SSA"), and ("Non-Member
Charter School"), a Charter School established by the Texas Education Agency, hereby
enter into this Services Agreement ("the Agreement") for the provision of specific deaf
education services for Non-Member Charter School students who are eligible for deaf
education services pursuant to IDEA as further defined herein("Deaf Services"), in order
to provide access to the non-member Charter School students to the SSA's deaf education
program as required by the Texas Education Agency("TEA") RDSPD SSA Guidelines.
SSA and Non-Member Charter School may be referred to jointly herein as the"Parties,"
and individually as a"Parry."
WHEREAS,the SSA is currently providing Deaf Services to its Member Districts;
and
WHEREAS, pursuant to the Birdville Regional Day School Program for the Deaf
Shared Services Arrangement Agreement dated ,the SSA may provide Deaf
Services to Non-Member Charter Schools, as requested by TEA, by and through a Deaf
Services Agreement;and
WHEREAS, Non-Member Charter School seeks Deaf Services for certain eligible
students;and
WHEREAS,Non-Member Charter School has requested Deaf Services and the SSA
agrees to provide the Deaf Services,by means of this Agreement; and
WHEREAS,both Parties acknowledge that such Agreement is consistent with the
Division of IDEA Coordination, TEA, RDSPD SSA Procedures and will be in their best
BIRDVILLE REGIONAL DAY SCHOOL PROGRAM FOR THE DEAF
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interests and the interests of the public to cooperate in the provision of Deaf Services as
set forth in this Agreement;
NOW THEREFORE, the Parties, for and in consideration of the covenants and
agreements herein set forth,to be kept and performed by them respectively, have agreed
to and do hereby agree together as follows:
1. Purpose
The Non-Member Charter School and the Member Districts made a part of the SSA
are entering into this Agreement for the purpose of allowing Non-Member Charter
School students an opportunity to access SSA Deaf Services consistent with the
terms of this Agreement.
2. General Agreement
The Non-Member Charter School and SSA hereby agree to cooperate as further set
forth in this Agreement in the provision of the Deaf Services. The Deaf Services
consist of those identified on Exhibit"A'attachedhereto.
3. SSA Responsibilities
The SSA shall utilize best efforts to provide Deaf Services to eligible students
enrolled in a Non-Member Charter School as set forth on Exhibit"A".
4. Non-Member Charter School Responsibilities
• The Non-Member Charter School agrees to remit any funds assessed by the
SSA within thirty(30) calendar days of receiving a statement from the SSA
Fiscal Agent.
• The Non-Member Charter School will be liable for any and all costs
associated with its residentially placed students.
• The Non-Member Charter School agrees to maintain proper educational
records, including eligibility folders, for students served by the SSA. It is
further agreed that all student records of any student recipient of SSA
services, shall be provided to the SSA rp for to the initiation of SSA
services. In the event records submitted are deemed unsatisfactory by the
SSA or do not reflect IDEA compliance,such services maybe rejected.
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• The Non-Member Charter School shall provide suitable and sufficient
classroom space to accommodate its students as well as office space for
supportive personnel as requested by the SSA.
• Any participation in the SSA programs by a Non-Member Charter School
representative or employee, whether on a paid or volunteer basis, shall be
considered within the course and scope of the employee's Non-Member
Charter School employment. Non-Member Charter School shall provide
such employee or representative with appropriate supervision during all
times they are performing duties associated with the provision of SSA
services, regardless of the time of day or the location where the duties are
performed. The SSA representative shall have no duty to supervise or
provide supervision or assistance to such persons
• It is agreed and understood that the continued delivery of services to
students of Member Districts of the SSA will take precedence over Non-
Member Charter School students. When determining whether or not
existing SSA personnel may serve Non-Member Charter School student(s),
assurances shall be provided to the Member Districts that the Member
District students will continue to receive appropriate services. This
Agreement may be terminated, consistent with the termination clause set
forth herein, should the SSA, at any time in its sole discretion, determine
that existing personnel or contract employees cannot adequately serve Non-
Member Charter School students while maintaining its obligation to serve
Member District students.
• Non-Member Charter Schools are responsible for the education of each
student with auditory impairments who resides within that Non-Member
Charter School's boundaries, whether such student is served in a local
program, SSA, or other placements. Such responsibility includes the
provision of any related services as determined necessary by the student's
ARD Committee. Except as otherwise provided herein, the Non-Member
Charter School, through this Agreement, may retain Deaf Services based
upon the fee schedule set forth in Exhibit A.
• Child Find and the determination of eligibility for Deaf Services is the sole
responsibility of the Non-Member Charter School. The Non-Member
Charter School will not be allowed to access SSA services without the
submission of the required evaluations for Deaf Services eligibility of its
students.
• The Non-Member Charter School agrees to comply with applicable federal
and state law and the SSA Administrative Guidelines. Non-compliance, as
determined by the SSA,will result in a termination of services, as set forth
BIRDVILLE REGIONAL DAY SCHOOL PROGRAM FOR THE DEAF
SHARED SERVICES ARRANGEMENT
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in the termination clause herein.
• The Non-Member Charter School is solely responsible for transportation of
its eligible students to each facility at which SSA Deaf Services are provided,
and for related insurance for any vehicles as required for such
transportation.
• The Non-Member Charter School is solely responsible for the provision of a
Free and Appropriate Public Education (FAPE)to its students.
• The Non-Member Charter School is responsible for legal costs, court costs,
and attorney's fees, resulting from litigation directly involving its
student(s).
If and when applicable,the Non-Member Charter School will sign documents
prepared by SSA.
5. Risk of Loss and Indemnification.
A. Except as otherwise provided herein,Non-Member Charter School bears its
own risk of loss. "Loss" includes,but is not limited to, damage to or loss of
its own personal or real property,costs of administrative hearings,litigation
expenses, awards of actual damages, court costs, attorneys' fees, and
settlement costs related to SSA services provided under this Agreement to
Non-Member Charter Schools students.
B. To the extent permitted under Texas law and without waiving any defenses
including governmental immunity, Non-Member Charter School agrees to
be responsible for its own acts of negligence, which may arise in connection
with any and all claims for damages, costs and expenses to or by any person
or persons and to any property which may arise out of or be occasioned by
this Agreement or any of its activities or any act or omission of any employee
or representatives of the parties to this Agreement.
C. NON-MEMBER CHARTER SCHOOL SHALL INDEMNIFY AND HOLD
BIRDVILLE RDSPD ("SSA") HARMLESS FROM ANY ACTIONS
BROUGHT AGAINST THE SSA, ANY MEMBER DISTRICT OF THE SSA
OR ANY EMPLOYEE, AGENT OR OFFICER OF THE SSA OR ITS
MEMBER DISTRICTS FOR ANY REASON RELATED TO THE DEAF
SERVICES AND/OR THIS AGREEMENT.
BIRDVILLE REGIONAL DAY SCHOOL PROGRAM FOR THE DEAF
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6. Insurance Requirements.
A. Commercial General Liability. The Non-Member Charter School agrees to
provide and maintain during the term of this Agreement coverage limits of
$i,000,000.00 for each occurrence and $2,000,000 GeneralAggregate.
B. Automobile Liability. The Non-Member Charter School will insure it's
owned or leased vehicles used in the transportation of students receiving
Deaf Services for the SSA for the statutory maximum limits of school district
liability for motor vehicle accidents. The Non-Member Charter School
acknowledges that the SSA does not provide transportation and does not
utilize vehicles for the furtherance of this program or in its role as Fiscal
Agent.
C. Workmen's Compensation. Coverage shall be provided for all liability
arising out of the Non-Member Charter School's employment of its
employees and anyone for whom the Non-Member Charter School shall be
liable for Worker's Compensation claims. Worker's Compensation is
required and no"alternative"form of insurance shall bepermitted.
D. General Provisions Applicable to Insurance.
1. The required insurance must be written by a company licensed to do
business in Texas at the time the policy is issued, and rated no less than
B in the most current edition of Best's Rating Manual at all times during
the term of this Agreement.
2. The General Liability and Automobile policy or policies so issued in the
name of the Non-Member Charter School shall also name the SSA as an
additional insured, as their respective interests may appear. The
coverage afforded to the additional insured under the policy or policies
shall be primary insurance. It is the intent of the parties to this
Agreement that the General Liability coverage required herein shall be
primary to and shall seek no contribution from all insurance available to
the SSA, with the SSA's insurance being excess, secondary and non-
contributing. The Commercial General Liability and Automobile
coverage provided by the Non-Member Charter School shall be endorsed
to provide such primary and non-contributing liability.If the additional
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BIRDVILLE REGIONAL DAY SCHOOL PROGRAM FOR THE DEAF
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insured has other insurance which is applicable to the loss, such other
insurance shall be on an excess or contingentbasis.
3. The Non-Member Charter School shall have its insurance carrier(s)
furnish to the SSA insurance certificates in form satisfactory to the SSA
specifying the types and amounts of coverage in effect, the expiration
dates of each policy, a statement that no insurance will be canceled or
materially changed while the Agreement is in effect without thirty (30)
calendar days prior written notice to SSA, and a statement that the SSA
is named as additional insured as provided above.
E. Notice and Addresses. All notices required hereunder must be given by
certified mail or registered mail, addressed to the proper Parry, at the
following addresses:
To the SSA:
With a copy to:
To SSA:
With a copy to:
Either Parry may change the address to which notices are to be sent by giving the
other Parry notice of the new address in the manner provided in this section.
Notices shall be deemed to have been received three (3) days after deposit in the
mail.
F. Parties Bound. This Agreement shall be binding upon, and inure to the
benefit of, the Parties to this Agreement and their respective heirs,
executors, administrators,legal representatives, successors, and assigns.
G. Prior Agreement Superseded. This Agreement together with the terms of
the Birdville Regional Day School Program for the Deaf Shared Services
Agreement constitutes the sole and only Agreement of the Parties regarding
BIRDVILLE REGIONAL DAY SCHOOL PROGRAM FOR THE DEAF
SHARED SERVICES ARRANGEMENT
REVISED:2016 PAGE 38 OF 41
WA Res 16-15
BIRDVILLE REGIONAL DAY SCHOOL PROGRAM FOR THE DEAF
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their responsibilities to each other concerning the Services and supersedes
any prior understandings or written or oral agreements between the Parties
respecting the Services. This Agreement in no way modifies or supersedes
any document executed by the Parties prior to this Agreement which does
not involve the Non-MemberServices.
H. Amendment. No amendment, modification, or alteration of the terms of
this Agreement shall be binding unless it is in writing, dated subsequent to
the date of this Agreement, and duly executed by the Parties to this
Agreement.
I. Violation of Law. The Parties shall not violate any federal, state or local
laws, regulations or ordinances in the performance of thisAgreement.
J. Definition of Terms. Unless the context otherwise indicates, all terms used
herein which are defined in the Texas Uniform Commercial Code shall have
the meaning herein stated.All special education terms and acronyms used
in this Agreement shall have the meanings and definitions provided to such
terms and acronyms as set out in Chapter III, Part 300 of the Individuals
with Disabilities Education Act (IDEA), 34 CFR 30o et seq, and the Texas
Administrative Code, 19 TAC Chapter 89. Such terms and acronyms shall
include,but not be limited to, FAPE or Free Appropriate Public Education,
IEP or Individualized Education Program, LEA or Local Education Agency,
LRE or Least Restrictive Environment, SEA or State Education Agency,
MOE or Maintenance of Effort, ESEA or Elementary and Secondary
Education Act, and ARD or Admission, Review and Dismissal.
K. Enforceability. If any provision of this Agreement proves unlawful or
unenforceable by a court having jurisdiction over the Parties or the subject
matter, such provision shall be severable from the other provision of this
Agreement, and all remaining provisions shall be fullyenforceable.
L. Governing Law and Place for Performance. This Agreement shall be
governed by the laws of Texas,which state shall also be deemed the place
BIRDVILLE REGIONAL DAY SCHOOL PROGRAM FOR THE DEAF
SHARED SERVICES ARRANGEMENT
REVISED: 2016 PAGE 39 OF 41
WA Res 16-15
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BIRDVILLE REGIONAL DAY SCHOOL PROGRAM FOR THE DEAF
SHARED SERVICES ARRANGEMENT AGREEMENT
where this Agreement was entered into and the place of performance and
transaction of business and Parties. In the event of litigation pertaining to
the Agreement, the exclusive forum, venue and place of jurisdiction shall
also be the County of Tarrant and the State of Texas unless otherwise agreed
in writing by the Parties. The Parties acknowledge that each has had the
unfettered opportunity to review, revise and negotiate the terms of this
Agreement, and that if in the future there is a dispute as to the meaning of
any provision herein, then no such provision shall be construed against the
drafter of the Agreement.
M. Exhibits Incorporated. All exhibits to this Agreement are incorporated by
reference as if completely set out herein.
N. Signature Warranty Clause. The signatories to this Agreement represent
and warrant that they have the authority to execute this agreement on
behalf of SSA and the Non-Member District,respectively.
O. No Waiver of Immunities. Nothing in the Agreement shall be construed to
waive any immunity from suit or liability enjoyed by SSA, its Non-Member
District or their past or present officers, employees, or agents.
P. Approval by Governing Bodies. This Agreement has been approved by the
governing bodies of the SSA and the Non-Member CharterSchool.
Q. Payment from Current Revenues. Each Party paying for the performance
of governmental functions or services must make those payments from
current revenues available to the paying Party.
R. Assignment. Neither Party may assign their interests in this Agreement
except upon receiving the written consent of the other Party.
S. Either Party may terminate this agreement at any time with or without
cause,by giving the other party written notice of its decision to terminate at
least forty-five(45)business days prior to termination.
BIRDVILLE REGIONAL DAY SCHOOL PROGRAM FOR THE DEAF
SHARED SERVICES ARRANGEMENT
REVISED:2016 PAGE 40 OF 41
WA Res 16-15
BIRDVILLE REGIONAL DAY SCHOOL PROGRAM FOR THE DEAF
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EXECUTED TO BE EFFECTIVE this Day of ,
20
[INSERT]
By:
Printed Name:
Title:
ATTEST:
By:
[INSERT]
By:
ATTEST:
By:
Exhibits:
Exhibit"A" —RateSheet
BIRDVILLE REGIONAL DAY SCHOOL PROGRAM FOR THE DEAF
SHARED SERVICES ARRANGEMENT
REVISED: 2016 PAGE 41 OF 41
WA Res 16-15