HomeMy WebLinkAbout971854.tiffTUN -16-1997 09:11 CHILDREN'S ARK
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AGREEMENT REGARDING F.DUCAT'UON SERVICES
A'l' THE (. 11ILDREN'S ARK SEW AT RAYMER RANCH
This Agreement is mail' effective July I. 107, by and bctwcen the Prairie School District
RI: -11 (the "School District") and the Children's ARK, Inc. ("ARK"), a rc,,4denli:tl child erne
li cility with a site kteated at Raymcr Ranch.
WIUUittf:AS. the ARK plans to maintain a residential Child care facility within the School
1)i strict. and
WiIF.RI' AS. the parties recognize that existing District pr.ticr ms are unable to nwt4 the
special education and diseiplinc needs of some students who 'light wish to live al the ARK
titcility. and that cooperation between the parties in screening and educating finality residents is
necessary to provide appropriate educational services.
NOW. '('IIERI-FORt?. in considen*tiun of the mutual pm:news and obtigutlons of the
punks. as sal forth below, the parties hereby enter into this Agro.'mcnl under the tit lowing Icon i
and conditions.
1. Taro of Agrcemin t_ This Agreetn nt stall be effective July 1. )9U7. and shall continue
diivugh June 30, 1.08. Any party may terminate this Agreement at any time with or
without cause by giving written notice to the other tarty at least ill clays prior hi the
termination date. Within fifteen (15) days following receipt of such notice. the Parties
shall arrange for :and prarticiprate in a meeting to review the prvp.rsed termination of the
Agreement. Partictpation in the meeting stall he a condition prcccde tt for termination
of the Agrt I:MO - Notwithulandutg the forgoing, the School District may innmdiatcly
terminate the Agreement as it deans ntcaSSaty to protrs:t 1110 sadly aerial wellbeing ul
wriployccs assigned to educating ARK residents.
1<nrollmen(_ 'Ilse School I )istrict shall provide regular educational services tiir up to eight
(R) student residents at the ARK facility- The School District shalt have no obligation to
provide educational services u, a particular ARK student until the School Ilistrici has
agraed to so do following a review of tlx: student's educational records. current behavioral
reports and such other information as the School District deems appropriate. l)x School
District may :*,dept or reject ARK students Tor enml)nialt in the District in its sole
discretion. In no event shall the School District he required to provide educautxaal
services to a greater number of ARK residents than present and ollicially counted on
October i of each year or such other official count date as may be established (nirsuar
to the School Finance AcL
7. ticWtun and C'ontr►dsf -tits loner rid Staff- ARK shall interview and select a lull time
teacher's aide to gist with supervision and discipline of students andsuch other duties
as may he assigned by School (7istnivt teachers from time to tune_ School Ihsiricl
to :hers asnigaasl to educ'aating ARK residents tall be allowed to participate in the
interview process, although ARK shall hold filed authority fur selecting and hiri, the
-aide. ARK still be solely responsible for paymar of on compensation and tenons l..
the aide, and shall cunrply with all applicable laws and regulations which may apply to
the aide's employment.
4. Instruction. Thu School Distract shall provide ireartiction err ARK facility residents
uccurding to School 13i:arict curriculum standards and stab; nsluinan nts. nudlifled as
iwvn wv in die di:saction of the School District to addreta the nerds of the transitory
ARK facility population. The School Muria shalt not he obligated to provide special
education services to ARK residents except as the School District specifically agrees in
writing. The ARK f a. ility director stroll note any objections or concerns about the
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CHILDREN'S PRK
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curriculum and instructional materials in wiling, although th
School UUilt shall conal Program in
exclusive control ever instruction and shall make changes to the i
its sole disaetion•
5. e - . The School District shall retain 100 percent of ail funding
receive horn arty s urce or the direct or indirect benefit of students enrolled at the ARK
facility. 1ncludmg but not limited to per pupil funding received under tic School Boothe
Act and state and federal special education funds -
4. p opticable robe . The parties shall re-awnine policies regarding the AKK educatiobe
nal
program at the nning of melt semester, and at wait other times of
ins
reasonable and tpprop�. School District policy go " mo 'f impd ng ��n,
teachers' andmrny to. condos classroom instruction, ndaner policy +dated to conduct at the
nn
discipline and nal pinion student sbpehavior, and any
ARK educational program shall -they to ARK residents nuke superseded by separate
pal cy up snt#' at of the parties. The authority held by employees of the
School District shall include. but not be limited to, the power to remove diwyptive
students turn classes mid instructional programs for a period deemed ap •Disby
y arcs plane students identified by .
employees School
serious d•iscipline problem at ARK facilities outside of the School District.
and agrees that the School District shall have no further obligation to educate these
students
_Each party shall notify the other of any dangerous condition. sitnutitm.
7 have knowledge. If any dangerous condition.
or or it or its es not
resolved a student +► is ant to the satisfaction of the School District
within a rcaaonable period of time. the School District shall have the right to withhold
educational services to the ARK student.
8. jaggaM. At all times dating the term of this Agreement.ARK shall maintain
comprehensive liability insurance providing covuaga to the limits of the Colorado
Governmental immunity Act. Such itsurinix shall inane the School District as an
additional insured and shall protect the School District against all claims ingtiout of f cafes e
provision of educational services to ARK residMNs. ARK shat provide
of
i ottranee documenting such coverage upon request by the Sc oolhe District. t. Nothing
herein
the
is intended or shall be construed as a waiver by any Foxy of Pr
Colorado Governmental Immunity Act
Waiver of Rim Failure of any party to exerciseany right or remedy hereunder till
9 provided by this Agreement- No waiver shall be
not hive u unless waive an of its
efia:lire ; in writing sad +iyPeilby the ptuites„ oast nuwaiver of any right shall be
considered to waive any other right hereunder
Tv the extent pe ntitied by law, tacit party Otis to defend. ;tidetnaify.
[�• ms the other party and then employees and Extant rnentherc against any
a
anced ail claims and ceases of action arising out of the ads or omissions of the party
pursuant 10 this Agreement.
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I I. Mtidiliiiatitnm. T'bis Agrevmcnt grail only be amended or modified by a writing signed
by both parties.
PRAIRIE S('HOOI. t)ISTRR I Rti-I I
By:
Jame Mettctts, laresatnt
Board of taiw atitnt CO 807a�
[Box G8, New Raymcr,
Atli
Secretary, Board API Edasafl. n
.r,..i.tw.:.pa
SUN -11-1997 14:50
CkilLD UINI'S ARK. INC.
By:
I.ittkficid,
tRax 1007, Cata:n twnctin Valls,
CO S0$19-IUU7j
3
X34631914
06/16/97 08:06
P.
TOTAL P.04
TOTAL P.04
971854
TX/RX NO.7614 P.004
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