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HomeMy WebLinkAboutC19-067 Eagle County School District RE-50JDocuSign Envelope ID: FA5FC2FO-FOA9-4D41-A437-73847768E5DF C40 EAGLE COUNTY fAk� EAGLE COUNTY SCHOOLS INTERGOVERNMENTAL AGREEMENT ON SCHOOL STABILITY 2019 WHEREAS, ensuring school stability and academic success for children and youth in foster care is an important joint responsibility of child welfare and education agencies; WHEREAS, Colorado's students in foster care experience much higher rates of school mobility and much lower rates of academic achievement than their peers, and less than one out of three Colorado students in foster care graduates high school within four years of entering ninth grade;' WHEREAS, the Fostering Connections to Success and Increasing Adoptions Act of 2008,2 (Fostering Connections Act), the Every Student Succeeds Acta (ESSA), and Colorado House Bill 2018-13064 require child welfare agencies and education agencies to collaborate to ensure school stability and school attendance for all children and youth in foster care; WHEREAS, the Fostering Connections Act, ESSA, and HB 18-1306 require that when a child or youth in foster care changes foster care placements, he or she remains in the school of origin with necessary transportation provided, or, if this is not in his or her 1 Clemens, E. V. (2014). Graduation and Dropout Rates for Colorado Students in Foster Care: 5 -Year Trend Analysis (2007-08 to 2011-12). Greeley, CO: University of Northern Colorado. Visit http://www.unco.edu/cebs/foster-care- research/ reports. aspx for all available reports and http://www.unco.edu/cebs/foster-care-research/needs- assessment-data/ for interactive data visualizations by topic. 2 Fostering Connections to Success and Increasing Adoptions Act of 2008 (hereinafter "Fostering Connections Act"), Pub. L. 110-351, 122 Stat. 3949 (codified as amended in scattered sections of 42 U.S.C.). Sections of Fostering Connections relevant to this Agreement include, but are not necessarily limited to, 42 U.S.C. 5 675(1)(G) and (4) (A). 3 Every Student Succeeds Act, Pub. L. 114-95, 129 Stat. 1802 (codified throughout 20 U.S.C.). Sections of ESSA relevant to this Agreement include, but are not necessarily limited to 20 U.S.C. S 6311(g) and 20 U.S.C. 5 6312(c) (5). 4 Colorado House Bill 2018-1306 (hereinafter "HB 18-1306") is codified in relevant part at S 22-32-138, C.R.S. and 5 19-3-208, C.R.S. Form ID DCW0016 -c v~.colorado.gov/cdhs/cw/forms Rev. Eff. 07/01/18 I �e �� 0 DocuSign Envelope ID: FA5FC2FO-FOA9-4D41-A437-73847768E5DF Page 2 of 16 best interest, that the child or youth is immediately and appropriately enrolled in a new school even without normally required records;5 WHEREAS, the Fostering Connections Act allows child welfare agencies to use Title IV - E funds for reasonable travel to the school of origin for eligible children and youth6 and Colorado HB 18-1306 provides designated funding in the child welfare block for school transportation; WHEREAS, ESSA allows educational agencies to use Title I funds to pay for additional costs needed to transport children and youth in foster care to their school of origin;7 WHEREAS, ESSA requires each local educational agency to collaborate with the local child welfare agency to develop and implement clear written procedures governing how transportation to maintain children and youth in foster care in their schools of origin, when in their best interest, will be provided, arranged, and funded,$ and HB 18-1306 reiterates and further defines this requirement and makes it reciprocal for county departments of human services; WHEREAS, such transportation must be provided promptly and in a cost-effective manner and in accordance with Section 475(4)(A) of the Social Security Act (codified at 42 U.S.C. S 675(4)(A));9 and WHEREAS, ESSA requires each local educational agency to designate a point of contact if the corresponding child welfare agency notifies it in writing that it has designated a point of contact,10 and in Colorado, educational agency points of contact, known as Child Welfare Education Liaisons (CWEL), are required in each local educational agency;" THEREFORE, the undersigned Parties agree to the following: PARTIES 542 U.S.C. S 675(1)(G) and 20 U.S.C. S 6311(g)(1)(E) and 5 6312(c)(5)(B). 642 U.S.C. 5 675(4)(A). Throughout this document, "Title IV -E" refers to Title IV -E of the Social Security Act. 7 20 U.S.C. 3 6302(a) (Appropriating funds to local educational agencies for use in carrying out activities described in ESSA Title I, Part A (20 U.S.C. 5 6312)). Throughout this document, "Title I" refers to Title I of the Elementary and Secondary Education Act, reauthorized in 2015 as the Every Student Succeeds Act. 820 U.S.C. 5 6312(c)(5)(B). 91d. 1020 U.S.C. S 6312(c)(5)(A). 115 22-32-138, C.R.S. Form ID DCW0016 -c www.colorado.Qov/cdhs/cw/forms �w =0�9 Rev. Eff. 07/01/18 I �e � "0 DocuSign Envelope ID: FA5FC2FO-F0A9-4D41-A437-73847768E5DF Page 3 of 16 This Agreement is made between the following agencies: EAGLE COUNTY ("Human Services"), located at 551 Broadway, Eagle, CO 81631; and EAGLE COUNTY SCHOOL DISTRICT RE -50J ("School District"), located at 948 Chambers Ave, Eagle, CO 81631. II. TERMS AND EFFECTIVE DATE This Agreement shall become effective as of January , 2019, and shall continue for one (1) year, unless terminated earlier by either party. This Agreement may be terminated by either party, with or without cause, by giving thirty (30) days written notice. The parties agree to meet biannually to review the provisions and make any appropriate changes. However, either party may request a change at any time due to changes in legislation or significant changes in circumstances. A. Form of Notice Prompt, efficient communication between parties is necessary to achieve the purposes of this Agreement. Therefore, unless otherwise specified, electronic signatures are sufficient, and notices do not need to be sent in hard copy. To facilitate effective communication, unless otherwise specified, notices must: 1. Be in writing (verbal notice must be followed up with email); 2. Be delivered via email, in accordance with section IX.0 regardingsecure transfer of personally identifiable information; and 3. Utilize the agreed-upon forms included in the appendices to this Agreement, where applicable. Where there is no form, informal email messages are sufficient so long as they contain the necessary information. III. DEFINITIONS "Additional costs" are costs of transportation that exceed what the LEA would otherwise pay to transport the student to school if the student were not in foster care. 12 "Best interest determination" refers to the outcome of a process facilitated by the County Department of Human Services, in accordance with 12 CCR 2509-4, 7.301.241, to determine whether it is in a child or youth's best interest to remain in the school of origin or, alternatively, transfer to a new school. 12 U.S. Departments of Education and Health and Human Services, Non -Regulatory Guidance: Ensuring Educational Form ID DCW0016 OF COIo www.colorado.gov/cdhs/cw/forms Rev. Eff. 07/01/18 I �e DocuSign Envelope ID: FA5FC2FO-FOA9-4D41-A437-73847768E5DF Page 4 of 16 Stability for Children in Foster Care at 17-18 (June 23, 2016) available at http://www.acf.hhs.pov/sites/default/ files/cb/ed_hhs_ foster _ care_Quidance.pdf (hereinafter, "Joint Guidance"). "Caregiver" for purposes of thisAgreement, refers to any approved, non-professional adult who accepts the responsibility of transporting the student to school, including but not limited to a foster parent, kinship caregiver, custodial or non-custodial parent, non-custodial kin, older sibling, etc. The term is used broadly to describe persons who may be reimbursed for their mileage or public transit fares pursuant to this Agreement. "Child in foster care" includes all school -aged children and youth in foster care, regardless of Title IV -E eligibility, including those attending a public preschool.13 "Foster Care" has the same meaning as defined by 45 CFR § 1355.20, which is "24- hour substitute care for children placed away from their parents or guardians and for whom the Title ME agency has placement and care responsibility. This includes, but is not limited to, placements in foster family homes, foster homes of relatives, group homes, emergency shelters, residential facilities, child care institutions, and preadoptive homes. A child is in foster care in accordance with this definition regardless of whether the foster care facility is licensed and payments are made by the State, Tribal or local agency for the care of the child, whether adoption subsidy payments are being made prior to the finalization of an adoption, or whether there is Federal matching of any payments that are made." "Immediate Enrollment" means attending and meaningfully participating in school by the date designated in the student's best interest determination, in accordance with 12 CCR 2509-4, 7.301.241(D)(4). "Local Educational Agency" (LEA) means the local public school district, charter institute, Colorado school for the deaf and the blind, and/or board of cooperative education services (BOCES). Individual schools are part of their respective LEAs.14 "Out -of -home placement" for purposes of this Agreement is interchangeablewith "foster care." See definition of "foster care. 1115 "School of origin" has the same meaning as defined in S 22-32-138, C.R.S.: "the school in which a student was enrolled at the time of each placement into foster care. If the student's foster care placement changes, the school of origin is the school in which the student is enrolled at the time of the change in placement. If the student is enrolled in a facility school, including residential child care facilities and secure detention facilities, and the student will no longer be enrolled in the 13 Joint Guidance at 8 (including preschoolers in scope of ESSA foster care provisions). 14 Local Educational Agency is defined in various areas of state and federal law. This Agreement utilizes the definition from 12 CCR 2509-1. 11 Both terms are used due to variations in state and federal law referring to the same population. Colorado law tends to use "out -of -home placement," as defined in 19-1-103(85), C.R.S., while federal law uses "foster care." Form ID DCW0016 -c www.colorado.Qov/cdhs/cw/forms �w =oP9 Rev. Eff. 07/01/18 I �e � "0 DocuSign Envelope ID: FA5FC2FO-FOA9-4D41-A437-73847768E5DF Page 5 of 16 facility school, the school of origin is the last school the student attended within the previous two years for at least one complete semester or term prior to entering the facility school or another school where the student had a meaningful connection within the previous two years. `School of origin' includes the designated receiving school at the next grade level for feeder school or zone patterns when the student completes the final grade level served by the school of origin. When there is more than one potential school of origin, the student's input must be given strong consideration in determining which school to designate as the school of origin." "Student" for purposes of this Agreement includes all school -aged children andyouth who are in foster care for one or more days of an academic term, regardless of Title IV -E eligibility or out -of -home placement type (see definition of "foster care" above), including those attending a public preschool. 16 A school -aged child or youth is considered a "student" even if they have not been enrolled in or attending school. IV. POINTS OF CONTACT AND DUTIES A. Human Services Point of Contact The primary point of contact for purposes of administration of this Agreement is: Ms. Kendra Kleinschmidt Children, Family and Adult Services Deputy Director Email: kendra.kleinschmidt@eaglecounty.us Phone: 970-328-8827 By designating this individual as the point of contact, Human Services affirms that she has sufficient authority, capacity, and resources to fulfill the following: • Coordinating with the corresponding School District point of contact. • Making systemic operational and programmatic decisions. • Directing Human Services staff to implement this Agreement. • Ensuring development of necessary professional development and training to Human Services staff on Fostering Connections and ESSAprovisions; § 22-32-138 and § 19-3-208, C.R.S., the school stability requirements of Volume 7 including 12 CCR 7.301.24, 7.301.241, and 7.301.242; and this Agreement. • Participating in good faith in the dispute resolution process outlined inthis Agreement in the event of disagreements regarding transportation. The primary point of contact for purposes of implementing this Agreement is: Ms. Heather Lawdermilk. Child and Adult Protection Suoervisor 16§ 22-32-138, C.R.S. (2018). Form ID DCW0016 OF COIo www.colorado.gov/cdhs/cw/forms Rev. Eff. 07/01/18 I �e DocuSign Envelope ID: FA5FC2FO-FOA9-4D41-A437-73847768E5DF Page 6 of 16 Email: heather.lawdermilk@eaglecounty.us Phone: 970-328-8854 By designating this individual as the point of contact, Human Services affirms that she has sufficient authority, capacity, and resources to fulfill the following: • Coordinating with the corresponding School District point of contact. • Participating in the implementation of a local best interest determination process that meets the requirements of 12 CCR 7.301.241, including ensuring all required participants are invited and all required documentation is completed. See Appendix A: Best Interest Determination Worksheet. • Notifying the School District point of contact within two school days when any student who attends school in the School District has been placed in foster care or when there has been a foster care placement change. If transportation will be needed to maintain the student in the school or origin and/or when a school move is considered triggering a best interest determination process, this information must also be included in the notice. See Appendix B: Notice to School District of Origin of Student in Out -of -Home Placement. • Notifying the School District point of contact within 1 school day of the outcome of a best interest determination for a student whose school of origin is within the School District, including whether the determination triggers the need to provide ongoing transportation services pursuant to this Agreement. See the "Part II: Follow Up" section in Appendix B: Notice to School District of Origin of Student in Out -of -Home Placement. To ensure timely and consistent communication, the Human Services point of contact will send this notice even if a School District representative attended the best interest determination. • Notifying the School District point of contact within 1 school day when there has been a best interest determination that a student in foster care will transfer into a new school within School District from another local educational agency. See Appendix C: Notice to Receiving School District of Student in Out -of -Home Placement. o If the student is transferring between schools that are both within School District, the "Part II: Follow Up" notice on Appendix B is sufficient. • Serving as a secondary source, when possible, to provide educational records from the Human Services case file to a student's new school. • Coordinating necessary transportation for students as described in this Agreement, including through development of any Human Services policiesor practices necessary to implement these procedures. B. School District Point of Contact The primary point of contact for purposes of administering this Agreement is: Philip Qualman, IV 8 Form ID DCW0016 www.colorado.gov/cdhs/cw/forms Rev. Eff. 07/01/18 DocuSign Envelope ID: FA5FC2FO-FOA9-4D41-A437-73847768E5DF Page 7 of 16 Email: philip.gualman(a-)_eagleschools.net Phone: 970-328-2939 By designating this individual as the point of contact, the School District affirms that he or she has sufficient authority, capacity, and resources to fulfill the following: • Coordinating with the corresponding Human Services point of contact. • Making systemic operational and programmatic decisions. • Directing School District staff to implement this agreement. • Developing a "needs to know basis" confidentiality policy to meet the educational needs of students in foster care while also protecting privacy of sensitive information. • Ensuring development of necessary professional development and training tc School District staff on ESSA provisions, § 22-32-138, C.R.S., this Agreement, and the educational needs of students in foster care. • Participating in good faith in the dispute resolution process outlined inthis Agreement in the event of disagreements regarding transportation. The primary point of contact for purposes of implementing this Agreement is: Kendziorski, Director of Exceptional Student Services Email: amy. kendziorski@eagleschools. net Phone; 970-328-7924 By designating this individual as the point of contact, the School District affirms that he or she has sufficient authority, capacity, and resources to fulfill the following obligations of this agreement including: Coordinating with the corresponding Human Services point of contact to implement this Agreement. Ensuring participation of an individual from School District who knows the student when Human Services facilitates a best interest determination pursuant to 12 CCR 7.301.241. The participant should be someone who "is knowledgeable about the child and able to provide feedback on significant relationships that the child may have formed and how changing schools would impact his or her academic, social, or emotional well-being such as a teacher, counselor, coach, or other meaningful person in the child's life.1117 17 Joint Guidance at 13. Form ID DCW0016 -c www.colorado.Qov/cdhs/cw/forms �w =0P9 Rev. Eff. 07/01/18 I �e � "0 DocuSign Envelope ID: FA5FC2FO-FOA9-4D41-A437-73847768E5DF Page 8 of 16 • Implementing a "needs to know basis" confidentiality policy to meet the educational needs of students in foster care while also protecting privacy of sensitive information; documenting best interest determinations and foster care status on behalf of School District to the extent required to meet students' educational needs. • Facilitating the prompt transfer of educational records for students in foster care who enter or exit a school within School District. • Facilitating immediate enrollment for students in foster care who entera school within School District. • Immediately requesting education records from the school of origin for students in foster care who enter a school within School District.18 • Ensuring that students in foster care are promptly enrolled in School District's free lunch program.19 • Ensuring that the school and School District waive all school fees for students in out -of -home placement, including but not limited to any general fees, fees for books, fees for lab work, fees for participation in in -school or extracurricular activities, and fees for before -school or after-school programs.20 • Facilitating data sharing with Human Services consistent with FERPA, the IDEA, and other privacy laws and policies. • Coordinating necessary transportation for students as described in this Agreement, including through development of any School District policiesor practices necessary to implement these procedures. C. Seamless Coverage of Obligations While the duties described above are expected to be fulfilled by the designated point of contact, the duties are obligations of the respective parties. School District and Human Services will ensure adequate staff time to meet the obligations of this agreement. School District and Human Services will ensure seamless coverage during times such as staff vacancies or leave. V. BEST INTEREST DETERMINATIONS When a school move is considered as a result of a change in foster care placements, Human Services must facilitate a best interest determination in compliance with 12 CCR 7.301.241. A copy of this section of rule is attached as Appendix F. A. Responsibility for Determining Best Interest 18 20 U.S.C. § 6311(g)(1)(E) (requiring receiving school to immediately initiate records transfer). 19 42 U.S. 5 1758(b)(5) (establishing categorical eligibility for free lunch for students in fostercare). 20 S 22-32-138, C.R.S. (2018). Form ID DCW0016 -c www.colorado.Qov/cdhs/cw/forms �w =0�9 Rev. Eff. 07/01/18 I �e � "0 DocuSign Envelope ID: FA5FC2FO-FOA9-4D41-A437-73847768E5DF Page 9 of 16 Human Services is the entity responsible for determining whether it is in a student's best interest to remain in their school of origin, with input from the School District.21 Consistent with 12 CCR 7.301.241 and the point of contact duties outlined in this Agreement, Human Services must engage School District in this process, and School District must provide meaningful input from a representative who knows the student. It is presumed to be in a student's best interest to remain in the school of origin with transportation provided. Therefore, if no school move is ever considered, a best interest determination is unnecessary. If School District believes a school move should be considered, and Human Services has not already initiated the best interest determination process, then the School District point of contact may send a written request for a best interest determination to the Human Services point of contact. If a best interest determination has not already occurred within the last 45 days, Human Services must then facilitate a best interest determination process within 2 weeks. If a best interest determination has been made in the last 45 days, Human Services may facilitate another best interest determination at their discretion. In some instances, the juvenile court may exercise its jurisdiction to make a best interest determination. The juvenile court's orders are the final determination. Decisions regarding best interests to remain in the school of origin are distinct from special education placement decisions, which are within the purview of the Individualized Education Plan (IEP) team. Either party may initiate an informal conversation or staffing at any time as needed to identify and meet a student's needs. B. Timing and Outcome of Best Interest Determination The best interest determination must be made prior to a change in schools. The outcome of a best interest determination can be: (1) It is in the student's best interest to remain in the school of origin (withor without a transportation plan); or (2) It is in the student's best interest to change schools. The new school and date for transfer must be identified. A determination that it is in a student's best interest to change schools must include the date when it is best for him or her to transfer, with the student continuing to attend the school of origin until that date. When a school move is necessary, it is assumed to be in a student's best interest to transition at natural academic junctures such as the end of the term but preferably at the end of a school year. 21 Joint Guidance at 14. Form ID DCW0016 www.colorado.gov/cdhs/cw/forms Rev. Eff. 07/01/18 DocuSign Envelope ID: FA5FC2FO-FOA9-4D41-A437-73847768E5DF Page 10 of 16 Human Services and School District agree to coordinate as outlined in this agreement to maintain students in their schools of origin unless it is determined not to be in their best interest to do so and until the designated date for transfer. VI. IMMEDIATE SCHOOL ENROLLMENT Human Services point of contact must notify School District point of contact within one school day of a determination that it is in a student's best interest to transfer into a school within School District. This notice must include the date designated for transfer. See Appendix C: Notice to Receiving School of Student in Out -of -Home Placement or the "Part II: Follow Up" section of Appendix B: Notice to School District of Origin of Student in Out -of -Home Placement. School District must ensure the student is immediately enrolled, which means attending and meaningfully participating in school by the date designated in the student's best interest determination, in accordance with 12 CCR 2509-41 7.301.241(D)(4). Enrollment cannot be denied or delayed because documents normally required for enrollment (proof of age, proof of residency, vaccination records) have not been submitted.22 School records, including an IEP, are never required for enrollment, but an enrolling school must immediately contact the school of origin to obtain relevant records.23 The provisions of this section shall not be construed to prohibit the School District or school from denying enrollment to a student in out -of -home placement based on the circumstances specified in C.R.S. § 22-33-106(2) and (3), or for any other circumstances as permitted by law. When a student transfers out of School District, School District must support that student's transition by ensuring prompt transfer of records to the newschool. Records transfer must not be delayed due to any fees or fines the student may owe. VII. PROVISION AND ARRANGEMENT OF TRANSPORTATION Human Services and School District share the goal and obligation of providing prompt, cost-effective transportation to maintain students in their schools of origin. To achieve this, parties agree to the following terms and procedures. A. Duration of Transportation Transportation obligations begin on the day a student is placed out -of -home. It is presumed to be in a student's best interest to remain in theschool of origin, so no formal best interest determination is needed to trigger parties' transportation obligations. However, School District may request a best interest determination as described in Section V of this Agreement. Transportation must be continuously provided for the duration of the student's time in foster care unless and until it is determined not to be in the student's best interest. If 2220 U.S.C. § 6311(g)(1)(E); Joint Guidance at 20. 23 Id. Form ID DCW0016 OF COIo www.colorado.gov/cdhs/cw/forms Rev. Eff. 07/01/18 I �e �0 DocuSign Envelope ID: FA5FC2FO-FOA9-4D41-A437-73847768E5DF Page 11 of 16 a student exits foster care before the end of a school year, the transportation arrangement must be maintained through the end of the school semester to maintain the student's educational stability.24 B. Short -Term Transportation - Arrangement and Order of Preference Children and youth in foster care must remain in the school of origin unless and until it is determined to be in their best interest to attend a new school. In recognition that initial placement into foster care and changes in foster care placements often occur with little notice, Human Services is responsible for arranging short-term transportation to ensure school attendance immediately following a placement change. Human Services and School District agree to the following to provide short- term transportation services to a student's school of origin while longer-term decisions and arrangements are made. Transportation may be a combination of methods as necessary for the individual situation. These short-term preferences also apply when circumstances change during an existing placement and the previously arranged transportation plan can no longer be followed. A list of employees of Human Services and/or School District staff who may provide school transportation is attached as Appendix D. Alist of third -party contractors who may provide school transportation is attached as Appendix E. Human Services and School District points of contact are responsible for reviewing these lists and coordinating to update it as needed but at least every six months. Order of preference for short-term transportation: 1. Caregiver. The preferred immediate transportation option is for the student's caregiver or another appropriate adult (such as non-custodial parents, kin, a mentor, or a CASA volunteer) to provide transportation with mileage reimbursement. o Human Services caseworker must coordinate with caregiver to arrange transportation under this option. o If caregiver transportation is an option, Human Services accepts sole responsibility for the costs of caregiver mileage reimbursement to the school of origin for up to the first five school days. The Human Services caseworker is responsible for arranging this with the caregiver. o Starting on the sixth school day, Human Services and School District agree to share the additional costs as described in Section VIII. 24 Colorado law defines "student in out -of -home placement' status to extend until the end of the academic semester or term in which the student exits out -of -home placement. HB 18-1306, codified at § 22-32-138, C.R.S. Federal guidance encourages agencies to "make every effort to continue to ensure transportation is provided through the end of the school year" in which a child exits foster care. Joint Guidance at 17. See also S 22-32-116, C.R.S. (2017) (entitling non-resident students to remain in their school until the end of the academic term, or year for elementary and 12th grade students). Form ID DCW0016 -c www.colorado.Qov/cdhs/cw/forms �w =0�9 Rev. Eff. 07/01/18 I �e � "0 DocuSign Envelope ID: FA5FC2FO-FOA9-4D41-A437-73847768E5DF Page 12 of 16 2. Public Transportation. If public transportation is an appropriate option, the student may take public transportation to school. o The Human Services caseworker must work with the caregiverand student to identify a public transportation route. o Human Services accepts sole responsibility for the costs of public transportation, including the fares for an adult chaperone if necessary, to the school of origin for the first five school days. o Starting on the sixth school day, Human Services and School District agree to share the additional costs as described in Section VIII. 3. Human Services or School District Staff. Identified employees of Human Services and/or School District may provide school transportation. A list of these is individuals attached as Appendix D. o Human Services point of contact must select and arrange short-term transportation with the employee(s). o Human Services and School District agree to share the additional costs starting on the first school day and continuing until another appropriate transportation solution takes effect. 4. Third -Party Private Provider. Identified third -party providers may provide school transportation. A list of these providers is attached as AppendixE. o Human Services point of contact must select and arrange short-term transportation with the provider. o Human Services and School District agree to share the costs of providers on this list starting on the first school day and continuing until another appropriate transportation solution takes effect. C. Ongoing Transportation - Arrangement and Order of Preference Human Services and School District are jointly responsible for arranging ongoing transportation. The provisions of this section apply until the end of the academic semester in which a child or youth exits out -of -home placement. Consistent with the duties described in Section IV, the Human Services point of contact must notify the School District point of contact within two school days when a student who already attends school in School District has been placed in foster careor when there has been a foster care placement change. See Appendix B: Notice to School of Origin of Student in Out -of -Home Placement. The Human Services point of contact must indicate in this notice and/or follow up communication if the student must need transportation to their school of origin under this Agreement. Human Services point of contact must also notify the School District point of contact within two school days should other circumstances change requiring revision to the transportation plan. Within two school days of being notified of the need for transportation, the School District point of contact must determine whether there is an existing transportation route that the student can take to the school of origin or, alternatively, whether the Form ID DCW0016 -C www.colorado.Qov/cdhs/cw/forms �w =0P9 Rev. Eff. 07/01/18 I �e � "0 DocuSign Envelope ID: FA5FC2FO-FOA9-4D41-A437-73847768E5DF Page 13 of 16 student is eligible for transportation under the IDEA or the McKinney-Vento Homeless Assistance Act. School District and Human Services points of contact must coordinate promptly to develop an ongoing transportation plan for individual students. Transportation may be a combination of methods as necessary for the individual situation. Additional costs of ongoing transportation must be shared by Human Services and School District as detailed in Section VIII. Order of preference for ongoing transportation: 1. School District Route. If there is an existing school district transportation route, including routes that can be modified, the School District point of contact must arrange for the student to begin riding on the existing route as soon as possible. The School District point of contact must notify the Human Services point of contact and the foster parent/kinship caregiver of the route information. 2. Transportation Already Addressed through Other Means. School District must assess whether the student is entitled to transportation services under another statute. School District must provide transportation funded by the School District if the student is eligible under the McKinney-Vento Homeless Assistance Act or the IDEA; because this transportation is already required, it does not pose an "additional cost." 3. Drop-off to Meet School District Route. This option is available when the student can be dropped off to meet an existing school district route, including routes that can be modified. School District point of contact will coordinate with Human Services point of contact and the foster parent/kinship caregiverto determine if this is an option. 4. Caregiver. As described above. 5. Public Transportation. As described above. 6. Human Services or School District Staff. As described above, except Human Services and School District points of contact must coordinate to select and arrange ongoing transportation with the employee(s). 7. Third -Party Private Provider. As described above, except Human Services and School District must points of contact must coordinate to select and arrange ongoing transportation with the provider. VIII. FUNDING OF TRANSPORTATION A. Mileage Reimbursement Rates and Eligibility Rates. When using personal vehicles, Human Services and School District employees must be reimbursed for mileage at the rates established by their respective agencies. These employees must maintain automobile and liability insurance at the levels required by their respective agencies' policies for transporting minors. Form ID DCW0016 OF COIo www.colorado.gov/cdhs/cw/forms Rev. Eff. 07/01/18 I �e DocuSign Envelope ID: FA5FC2FO-FOA9-4D41-A437-73847768E5DF Page 14 of 16 The rate for caregiver mileage reimbursement must be the same as is provided to Human Services staff or School District staff, whichever is greater. Mileage to be reimbursed includes the door-to-door actual miles necessary to take the student to school, less the provider's normal commute (if any). All requirements for Human Services and School District employees regarding insurance, safe driving records, and use of county or school district vehicles shall be in effect. Each employee shall comply with his/her respective agency's policies. B. Cost -Sharing Between Human Services and School District It is the intent of Human Services and School District to equitably share the costs of transportation to maintain students who are in out -of -home placement in their schools of origin. Except as otherwise provided in this Agreement, Human Services and School District will each pay fifty percent of the "additional costs" remaining after reimbursement/ projected reimbursement by the Colorado Department of Human Services. "Additional costs" are costs of transportation that exceed what the LEA would otherwise pay to transport the student to school if the student were not in foster care. When the district does not have any prior transportation cost for the student, the entire cost of the transportation is an "additional cost" subject to cost-sharing per this agreement. In general, 80% of Human Services's expenses pursuant to this Agreement will be reimbursed by the Colorado Department of Human Services. Human Services and School District will cost -share the remaining 20%, which are Human Services's unreimbursed costs. In the event the HB 18-1306 school transportation fund is depleted and Human Services overspends its child welfare block allocation, some costs may not be reimbursed by the Colorado Department of Human Services. In that case, the entire amount of unreimbursed "additional costs" is subject to cost-sharing under this Agreement. Example of cost sharing when district does not have prior costs. Student changes foster care placements and needs transportation to the school of origin. The student did not previously have any district -provided transportation, and there are no pre-existing bus routes, so the student will need a new transportation option. The transportation is $25/day. Total cost x 0.2 x 0.5 = amount to cost -share $25/day x 0.2 x.05 = $5/day to cost -share CDHS reimburses: $20/day Form ID DCW0016 OF COIo www.colorado.gov/cdhs/cw/forms Rev. Eff. 07/01/18 I �e DocuSign Envelope ID: FA5FC2FO-FOA9-4D41-A437-73847768E5DF Page 15 of 16 County cost -share: $2.50/day District cost -share: $2.50/day Example of cost-sharing when district has prior cost. Student receives special education and has transportation as part of her Individualized Education Program (IEP). Prior the change in foster care placements, the school district was paying $15/day for the student's transportation. After the change in foster care placements, transportation to the school of origin is $25/day. (add'[ cost = total cost - district's prior obligation) x 0.2 = amount tocost-share add't cost = $25-$15/day = $10/day $10/day x 0.2 = $2/day to cost -share CDHS reimburses: $8/day County cost -share: $1 /day District prior cost + cost -share: $16/day ($15 prior cost + $1 cost share) Human Services shall arrange initial payment for any additional cost of transportation for the child unless transportation is provided by a District staff member. Human Services will then invoice the District for its share of the cost, per the above calculation, on a monthly basis. If an additional transportation cost is incurred by a District staff member, the District shall pay the initial cost and invoice Human Services monthly for its share. Human Services point of contact for financial issues: Ms. Rita Woods, Financial Support Services Deputy Director email: rita.woods@ea_qlecountV.us phone: 970-328-8817 District point of contact for financial issues: Ms. Chelsey Gerard, Director of Finance email: chelsey.gerard@eagleschools.net phone: 970-328-6321 K CONFIDENTIALITY Form ID DCW0016 -C www.colorado.Qov/cdhs/cw/forms �w =0P9 Rev. Eff. 07/01/18 I �e � "0 DocuSign Envelope ID: FA5FC2FO-FOA9-4D41-A437-73847768E5DF Page 16 of 16 A. Confidentiality of Child Welfare Information In order to protect family privacy, Human Services may not be able to disclose certain factors impacting the best interest determination, including but not limited to content of or progress on parents' treatment plans, details of students' mental health needs, sensitive family information, etc. The primary role of School District in the best interest determination process is to provide information and insight about the student and schools. B. School District Use of Sensitive Information Notwithstanding the safeguards above, School District and its employees will inevitably learn information of a sensitive nature as a result of participating in the best interest determination process and in the ongoing work of supporting children and youth in foster care. In recognition that education records are more accessible to a wider audience than child welfare records, to the extent required by law School District must adopt practices and/or policies to allow it to utilize sensitive information to serve a student in foster care's educational needs without unnecessarily creating and maintaining "educational records" subject to disclosure pursuant to the Family Educational Rights and Privacy Act. C. Secure Transfer of Personally Identifiable Information No HIPAA protected information shall be sent electronically unless properly protected through use of secure email. X. DISPUTE RESOLUTION A. Funding of Transportation Pending Disputes In order to meet the educational stability needs of children and youth, and to comply with Fostering Connections, ESSA, and Colorado HB 18-1306, Human Services and School District agree to provide and fully fund transportation as outlined in Section VIII above pending resolution of disputes. B. Dispute Resolution Procedures As soon as it is apparent that a disagreement exists and dispute resolution is necessary, the School District and Human Services points of contact must notify their respective administrators, identified as the administrative points of contact above, of the dispute. The administrators must attempt to come to an agreement within 5 school days. If an agreement still cannot be reached, parties agree to submit the dispute to non-binding mediation. Form ID DCW0016 OF COIo www.colorado.gov/cdhs/cw/forms Rev. Eff. 07/01/18 I �e DocuSign Envelope ID: FA5FC2FO-FOA9-4D41-A437-73847768E5DF COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS DocuSigned by: By:—� sMe tweney, Chair Attest: DocuSigned by: By Ana (�1�vtun, gliftefO88tien, Clerk to the Board EAGLE COUNTY SCHOOL DISTRICT: DocuSigned by: By: �� Lu 66toAaA& 81AA8275C17B459... Name: Philip Qual man Title: interim superintendent Form ID DCW0016 OF COIo www.colorado.gov/cdhs/cw/forms Rev. Eff. 07/01/18 I �e �0 DocuSign Envelope ID: FA5FC2FO-FOA9-4D41-A437-73847768E5DF Page 17 of 16 LIST OF APPENDICES: Appendix A: Best Interest Determination Worksheet Appendix B: Notice to School District of Origin of Student in Out -of -Home Placement Appendix C: Notice to Receiving School District of Student in Out -of -Home Placement Appendix D: Human Services and School District Staff Transportation Appendix E: Approved Third -Party Private Transportation Providers Form ID DCW0016 OF COIo www.colorado.gov/cdhs/cw/forms Rev. Eff. 07/01/18 I �e DocuSign Envelope ID: FA5FC2FO-FOA9-4D41-A437-73847768E5DF APPENDIX A BEST INTEREST DETERMINATION WORKSHEET Use this worksheet to determine whether it is in a child or youth's best interest to remain in their school of origin each time a school change is considered due to a change in foster care placements. See 12 CCR 2509-4, 7.301.241 for the regulations regarding best interest determinations. The presumption is that a student will remain in the current school; a student should only change schools if remaining in the current school is not in their best interest. Child/Youth's Name: Date of Meeting: Enter a date Meeting Facilitator: School of Origin and School District: Potential New School(s) and District(s) considered: PARTICIPANTS Grade in school: Role Name Signature (Or note Agree w/ "on file") determination? Child/Youth* Yes No Parent* Yes No Parent* Yes No Caseworker or designee* Yes No Child/youth's GAL, if Yes No appointed* Current school rep. who Yes No knows child/youth* Educational Surrogate Yes No Parent, if any* Future Caregiver (new Yes No placement) New school rep. w/ Yes No knowledge of resources Other: Yes No Other: Yes No Other: Yes No Form ID DCW0013 www.colorado.gov/cdhs/cw/forms Rev. Eff. 07/01/18 DocuSign Envelope ID: FA5FC2FO-FOA9-4D41-A437-73847768E5DF * Required by 12 CCR 2509-4, 7.301.241. If required participants do not attend, document attempts to invite the participant and obtain their input prior to the meeting. SUPPORTING DOCUMENTATION CONSIDERED: ❑ Report cards/progress reports ❑ Test scores ❑ Attendance data ❑ IEP or 504 Plan ❑ Transcript with current credits, if in high school DISCUSSION OF CHILD/YOUTH'S BEST INTEREST Bolded questions are required by 12 CCR 2509-4, 7.301.241. ❑ Discipline records ❑ Evaluations of student ❑ Written input from absent participants Other: Other: 1. Which school does the child/youth prefer? Why? (If there is a question which school is the "school of origin," use this space to also document the child/youth's input on which school he/she has a meaningful connection with.) 2. Is the child/youth's safety impacted by which school they attend? If so, how? 3. How can the school of origin meet the child/youth's academic and non-academic needs? a. Academic needs, including special education: b. Extra -curricular activities: c. Social needs: d. Emotional needs: e. Other needs: f. Does the child/youth have a meaningful and appropriate relationship with an adult at the school of origin? Give special weight to this factor. 4. How can the proposed new school meet the child/youth's academic and non-academic needs? (Repeat for each school under consideration) a. Academic needs, including special education: b. Extra -curricular activities: c. Social needs: OF•COL Form ID DCW0013 I e4 = 0 www.colorado.Qov/cdhs/cw/forms - o Rev. Eff. 07/01/18 * � * �`1876� DocuSign Envelope ID: FA5FC2FO-FOA9-4D41-A437-73847768E5DF d. Emotional needs: e. Other needs: 5. Could a school transfer be timed to coincide with a logical academic juncture such as at the end of the school year or semester or an event that is significant to the child/youth? Consider the academic calendars of the proposed new school(s) and the current school. 6. How would changing schools affect the child/youth's ability to earn full academic credit, proceed to the next grade, or graduate on time? 7. How many schools has the child/youth attended over the past few years? This year? How have past school transfers impacted him/her? 8. How will the placement change impact the child/youth's other relationships outside of school, such as friends, family and kin, faith and community organizations, etc.? Consider where the child/youth's siblings are placed and where they will go to school, if applicable. 9. What is the child/youth's permanency goal, and how is this impacted by the school selection? 10. How would the length of the commute to the current school impact the child/youth? Consider the length of the commute on various modes of transportation, e.g., car, school bus, public transit. (Note: The cost of transportation is not a permissible factor.) 11. Which school does the child/youth's parent(s) prefer? Why? 12. Document any other factors the team considered. DETERMINATION AT END OF MEETING: ❑ It is in the child/youth's best interest to remain in the school of origin. (Presumed outcome) Is a transportation plan needed? ❑ Yes ❑ No ❑ It is in the child/youth's best interests to transfer to a new school, in School District on Enter a date. OF•COLO Form ID DCW0013 I e4 = www.colorado.gov/cdhs/cw/forms � - o Rev. Eff. 07/01/18 * * * * 1876 � DocuSign Envelope ID: FA5FC2FO-FOA9-4D41-A437-73847768E5DF APPENDIX B NOTICE TO SCHOOL DISTRICT OF ORIGIN OF STUDENT IN OUT -OF -HOME PLACEMENT CONFIDENTIAL: This document is part of the student's educational record and must be kept confidential according to the Family Educational Rights and Privacy Act (20 U.S.C. 3 12328; 34 CFR Part 99) and any other applicable state or federal privacy laws. Date School District Point of Contact Name, Select Title School District VIA Email: Email address where letter is sent. Use secure email, not postal service, due to time -sensitive nature. Dear Name, This letter is to notify you that Student's Name, DOB Date of Birth, was placed or will be placed in out -of -home care by County Name Department of Human Services ("Human Services") on Date. The student is currently in Grade grade in Name of School in Name of School District ("School District"). This letter is intended to provide notification of the student's out - of -home status and to make requests to ensure educational stability for the student. Please use this information to meet the student's educational needs, and share only with those who have a need to know. Important Contact Information The student's new placement is: Caregiver(s) in placement: Group Home/Facility name if applicable: Address: Phone: Email: Notes: Notes re placement: e.g., kinship, placed with siblings in same school Parent 1: Phone: Email: Notes: Notes re: parent 1, e.g., decision-making, permissions Parent 2: Phone: Email: Notes: Notes re: parent 2, e.g., decision-making, permissions Educational decision-maker/surrogate parent, if other than the parent(s): Phone: Email: Department of Human/Social Services Caseworker: Phone: Email: As a result of the student's out -of -home placement, Human Services requests the following: ❑ The student will need transportation to the school of origin, Name of School, pursuant to the Intergovernmental Agreement between Human Services and School District. Please contact Contact Name as soon as possible to develop a transportation plan to remain in effect unless and until it is determined not to be in student's best interest to remain in the school of origin. See 22-32-138 and 19-3-208, C.R.S. (2018) and 12 CCR7.301.241. ❑ It is presumed to be in a student's best interest to remain in the same school unless determined otherwise. In this case, Human Services is not considering a school move for the student, and Human Services requests the school and School District support the student during this time of transition. See 22-32-138 and 19-3-208, C.R.S. (2018) and 12 CCR 7.301.241. ❑ It is presumed to be in a student's best interest to remain in the same school unless determined otherwise. In this case, the Human Services is considering whether it is in the student's best interest to remain in the current school or to transfer to another school. Pursuant to 12 CCR 7.301.241, the Human Services invites participation from Form ID DCW0015 Q� www.cotorado.gov/cdhs/cw/forms - �� o Rev. Eff. 07/01/18 '*** *1876 DocuSign Envelope ID: FA5FC2FO-FOA9-4D41-A437-73847768E5DF representative of the school who knows the student and can contribute meaningfully to the discussion. Please identify this person and notify him/her of this meeting. (Select one) ❑ The meeting is scheduled for Date at Time at Location and address. ❑ The meeting is currently being scheduled. Please contact email address of person scheduling as soon as possible for more information. M The student be enrolled in the School District's free lunch program. 42 U.S. S 1758(b)(5) (categorical eligibility forfree lunch). ® The school and School District waive all school fees the student may incur, including but not limited to any general fees, fees for books, fees for lab work, fees for participation in in -school or extracurricular activities, and fees for before -school or after-school programs. 5 22-32-138, C.R.S. (2017). ❑ Other requests Thank you for your assistance in supporting Student's name during this transition. Please contact me if you have any questions. I welcome the opportunity to discuss how we can work together to help Student's name be successful in school. Sincerely, Name, Title Contact information PART II: FOLLOW-UP NOTICE OF BEST INTEREST DETERMINATION Date A best interest determination for the above student was held on Date. It was determined that: ❑ It is in the student's best interest to remain in the school of origin, and no transportation plan is needed. ❑ It is in the student's best interest to remain in the school of origin, and the student will need transportation to the school of origin pursuant to the Intergovernmental Agreement between Human Services and School District. (Select one) ❑ Please contact Contact Name as soon as possible to develop the ongoing transportation plan. ❑ The transportation plan has already been jointly developed by Human Services and School District, and it is attached. ❑ It is in the student's best interest to change schools. The student will begin attending Name of School in Name of School District on Date. ❑ Other requests or information Form ID DCW0015 www.cotorado.gov/cdhs/cw/forms Rev. Eff.07/01/18 DocuSign Envelope ID: FA5FC2FO-FOA9-4D41-A437-73847768E5DF APPENDIX C NOTICE TO RECEIVING SCHOOL DISTRICT OF NEW STUDENT IN OUT -OF -HOME PLACEMENT CONFIDENTIAL: This document is part of the student's educational record and must be kept confidential according to the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g; 34 CFR Part 99) and any other applicable state or federal privacy laws. Date School District Point of Contact Name, Select Title School District VIA Email: Email address where letter is sent. Use secure email, not postal service, due to time sensitive nature. Dear Name, This letter is to notify you that Student's Name, DOB Date of Birth, was placed or will be placed in out -of -home care by County Name Department of Human Services ("Human Services") on Date. The student is currently in Grade grade in Name of School in Name of School District of origin. In a process pursuant to 12 CCR 7.301.241, it has been determined to be in the student's best interest to transfer to a new school in your district, Name of Receiving School District ("School District") effective Date decided in best interest process. This letter is intended to provide notification of the student's out -of -home status and to make requests to ensure educational stability for the student. Please use this information to meet the student's educational needs, and share with only those who have a need to know. Important Contact Information The student's new placement is: Caregiver(s) in placement: Group Home/Facility name if applicable: Address: Phone: Email: Notes: Notes re placement: e.g., kinship, placed with siblings in same school Parent 1: Phone: Email: Notes: Notes re: parent 1, e.g., decision-making, permissions Parent 2: Phone: Email: Notes: Notes re: parent 2, e.g., decision-making, permissions Educational decision-maker/surrogate parent, if other than the parent(s): Phone: Email: Department of Human/Social Services Caseworker: Phone: Email: To ensure a seamless transition for the student, Human Services requests: ❑ The new school, School, immediately enroll the student, effective Date decided in best interest process, even without normally required records. Every Student Succeeds Act (ESSA), 20 U.S.C. S 6311(g)(1)(E)(ii); 22-32-138, C.R.S. (2018). ❑ The student's educational records be immediately requested from the school of origin. ESSA, 20 U.S.C. § 6311(g)(1)(E)(iii); 22-32-138, C.R.S. (2018). ❑x The student be enrolled in School District's free lunch program. 42 U.S. 5 1758(b)(5) (categorical eligibility for freelunch). OF•COLO Form ID DCW0014 ew= = 4y www.cotorado.gov/cdhs/cw/forms I �� o ** Rev. Eff. 07/01/18 * ,� �`1876� DocuSign Envelope ID: FA5FC2FO-FOA9-4D41-A437-73847768E5DF ❑x The school and School District waive all school fees the student may incur, including but not limited to any general fees, fees for books, fees for lab work, fees for participation in in -school or extracurricular activities, and fees for before -school or after-school programs. S 22-32-138, C.R.S. (2017). ❑ The student is currently receiving special education services and will need to continue special education services in the new school. A copy of the student's current IEPis ❑ Other requests or informatics Thank you for your assistance in supporting ttudent's name during this time of transition. Please contact me if you have any questions. I welcome the opportunity to discuss how we can work together to help �e be successful in school. Sincerely, Form ID DCW0014 www.cotorado.gov/cdhs/cw/forms Rev. Eff. 07/01/18 DocuSign Envelope ID: FA5FC2FO-FOA9-4D41-A437-73847768E5DF M.94,1111101 EAGLE CUUNTY SCHOOLS CMO EAGLE COUNTY APPENDIX D - Transportation by Human Services and School District Staff When transportation is provided by Eagle County pursuant to this agreement, the following shall apply: 1. Transportation may be provided by and Eagle County Child, Family, and Adult Services employee. 2. Any employee providing transportation shall have completed a CBI/FBI background check and have a valid driver's license. 3. Transportation shall occur in County vehicles covered under the county insurance policy. 4. The cost would be calculated by using the current mileage reimbursement rate used by Eagle County government. When transportation is provided by Eagle County Schools pursuant to this agreement, the following shall apply: DocuSign Envelope ID: FA5FC2FO-FOA9-4D41-A437-73847768E5DF APPENDIX E EAGLE COUNTY SCHOOLS COO EAGLE COUNTY APPENDIX E - Transportation by Third Party Providers If transportation is provided by a third party provider, the following shall apply: Any provider shall have the following insurance: i. Workers' Compensation insurance as required by law. ii. Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non -owned vehicles. iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury, products/completed operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $2,000,000 aggregate limits. This policy shall be endorsed to include coverage for physical/sexual abuse and molestation. iv. Professional liability insurance with prior acts coverage for all Services required hereunder, in a form and with an insurer or insurers satisfactory to County, with limits of liability of not less than $1,000,000 per claim and $21,0001,000 in the aggregate. In the event the professional liability insurance is on a claims -made basis'. Consultant warrants that any retroactive date under the policy shall precede the effective date of this Agreement. Continuous coverage will be maintained during any applicable statute of limitations for the Services. V. Third party fidelity/crime coverage including coverage for theft and mysterious disappearance. The policy shall include coverage for all directors, officers, agents and employees of the Consultant. The policy shall name Eagle County and Eagle County's clients as loss payee as their interests may appear. The policy shall not contain a condition requiring an arrest or conviction. Policies shall be endorsed to provide coverage for computer crime/fraud. The automobile and commercial general liability coverage and such other coverage as indicated above shall be endorsed to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. DocuSign Envelope ID: FA5FC2FO-FOA9-4D41-A437-73847768E5DF Consultant's certificates of insurance shall include sub -consultants as additional insureds under its policies or Consultant shall furnish to County separate certificates and endorsements for each sub -consultant. All coverage(s) for sub - consultants shall be subject to the same minimum requirements identified above. Consultant and sub -consultants, if any, shall maintain the foregoing coverage in effect until the Services are completed. In addition, all such policies shall be kept in force by Consultant and its sub -consultants until the applicable statute of limitations for the Services has expired. Insurance shall be placed with insurers duly licensed or authorized to do business in the State of Colorado and with an "A.M. Best" rating of not less than A -VII.