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HomeMy WebLinkAbout20232036.tiffRESOLUTION RE: APPROVE STANDARD FORM FOR MEMORANDUM OF UNDERSTANDING REGARDING SCHOOL STABILITY FOR STUDENTS IN FOSTER CARE BETWEEN DEPARTMENT OF HUMAN SERVICES AND VARIOUS SCHOOL DISTRICTS, AND AUTHORIZE CHAIR TO SIGN ANY MEMORANDUM OF UNDERSTANDING CONSISTENT WITH SAID FORM WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Standard Form for Memorandum of Understanding Regarding School Stability for Students in Foster Care between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and various School Districts, with further terms and conditions being as stated in said form, and WHEREAS, after review, the Board deems it advisable to approve said form, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Standard Form for Memorandum of Understanding Regarding School Stability for Students in Foster Care between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and various School Districts, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any Memorandum of Understanding consistent with said form. Cc: HSt', Crf3(1E6/cw) CA(k. ), ACT(cP/cD) 08/05/23 2023-2036 HR0095 STANDARD FORM FOR MEMORANDUM OF UNDERSTANDING REGARDING SCHOOL STABILITY FOR STUDENTS IN FOSTER CARE BETWEEN DEPARTMENT OF HUMAN SERVICES AND VARIOUS SCHOOL DISTRICTS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of July, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: diavo xleo;vk Weld County Clerk to the Board BY: C11--& t VL{,(}`rCt Deputy Clerk to the Board AP County'' torney 1/, \t, Date of signature: -9 123 eman, Chair Perry Saine 2023-2036 HR0095 PRIVILEGED AND CONFIDENTIAL EMORANDUM DATE July 5, 2023 TO Board of County Commissioners — Pass -Around FR Jamie Ulrich,' Director, Human Services RE, Child Welfare SFY 2023-24 Memorandum of Understanding (MOU) Template and Provider List for School Stability for Students in Foster Care Please review and indicate if you would like a work session prior to placing this item on the Board's agenda Request Board Approval of the Department's Child Welfare SFY 2023-24 Memorandum of Understanding (MOU) Template and Provider List for School Stability for Students in Foster Care. Ensuring school stability and academic success for children and youth in foster care is an important joint responsibility of child welfare agencies and school districts Under state and federal law students in out -of -home placements should remain in their school of origin unless doing so is not in his or her best interest In these cases, the Department and County School Districts must collaborate to provide necessary transportation when students remain in their school of origin To support this effort, the Every Student Succeeds Act (ESSA) allows child welfare agencies the use of ESSA transportation funds to transport eligible children and youth, within reason, to their school of origin When this occurs, the Department and School Districts may bill the Colorado Department of Human Services and one another for transportation provided The Department wishes to enter into Memorandums of Understanding (MOUs) with 12 Weld County School Districts, listed below, to outline how school placement decisions will be made through a Best Interest Determination (BID) process and how transportation cost sharing between the County and School District will be reimbursed C.., LI - - _ , School' District • -` _ GrRE-1,(Gdcrest) _. f ' — 1'::: : ,-2-,-, 2 RE -2 (Eaton) ,3 T _ , RE -3 (Keenesburg) 4 RE -4 (Windsor) 5 s — , RE-5,(Johnstown Milliken) 6 RE -6 (Evans -Greeley) 7 , RE -7 (Platte' Valley) " , ' 8 RE -8 (Fort Lupton) Pass -Around Memorandum, July 5, 2023 - CMS ID Various 7/1q 2023-2036 PRIVILEGED AND CONFIDENTIAL 9 RE -9 (Ault -Highland) 10 RE -10 (Briggsdale) 11 RE -11 (Prairie) 12 RE -12 (Pawnee) I do not recommend a Work Session. I recommend approval of the MOU template and list of providers and authorize the Chair to Sign approved MOUs. Approve Recommendation Perry L. Buck, Pro-Tem Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine Schedule Work Session Other/Comments: Pass -Around Memorandum; July 5, 2023 — CMS ID Various Page 2 MEMORANDUM OF UNDERSTANDING SCHOOL STABILITY FOR STUDENTS IN FOSTER CARE BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND SCHOOL DISTRICT NAME This Memorandum of Understanding made and entered into the day of , 2023, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Human Services, hereinafter referred to as the "County Department" and SCHOOL DISTRICT NAME, hereinafter referred to as the "School District". 1. BACKGROUND Ensuring school stability and academic success for children and youth in foster care is an important joint responsibility of child welfare agencies and school districts. Under state and federal law, when a student in an out -of -home placement (Student) changes foster care placement, the Student should remain in his or her school of origin unless doing so is not in his or her best interest, in which case the Student must be immediately enrolled in a new school. Local child welfare agencies (County Department) and local education agencies (School District) must collaborate to provide necessary transportation when Students remain in their schools of origin. 2. BEST INTEREST DETERMINATIONS When an out -of -home placement results in a potential school change for the Student, the County Department will conduct a Best Interest Determination (BID). The County Department will give the School District at least 3 school days' notice when possible. BIDs will be conducted by the County Department in accordance with applicable statute and regulation. The School District will provide the input of individuals who know the Student and can speak to his/her school experience and needs prior to or by participating in BID. The School District will have the opportunity to offer input regarding best interest, although the ultimate determination will be decided by the County Department. When the Student remains in his or her school of origin, which is the presumption, the School District and County Department will collaborate to ensure that necessary transportation is provided. When the County Department determines that it is not in the best interest of a Student to remain in his or her school of origin, the School District will transfer the education records of the Student to the new school without delay. 3. TRANSPORTATION TO REMAIN IN THE SCHOOL OF ORIGIN Short-term transportation to allow a Student to remain in the school of origin will be arranged by the County Department. The County Department and School District will collaborate to provide ongoing transportation to allow the Student to remain in the school of origin. Regardless of 1 which party arranges, provides or funds the transportation (or any disputes pertaining thereto), the parties shall ensure that transportation is provided when necessary for the Student to remain in the school of origin. 4. COST SHARING FOR TRANSPORTAION TO REMAIN IN THE SCHOOL OF ORIGIN The provision of transportation to allow a Student to remain in his or her school of origin may result in costs that exceed what the School District would otherwise pay to transport the student to school if the student were not in foster care (Additional Costs). The State Department of Human Services (State Department) will reimburse 80% of the Additional Costs for Students to remain in their schools of origin. The County Department and the School District will equally share the remaining 20% of Additional Costs (10% to each party). If the School District incurs the Additional Costs by providing transportation directly, the School District will invoice the County Department to reflect the following: a) 100% of the total Additional Costs. b) 10% credit of the total Additional Cost for the School District's portion. c) 90% Net Due to the School District from the County Department. Invoices for the County Department should be sent to Doug Hainley at Hainlejd@weld.gov. If the County Department incurs the Additional Costs by providing transportation directly, paying mileage to a caregiver, or by providing another form of private transportation, the County Department upon receiving an invoice from the transportation vendor will: a) Invoice the School District for the 10% share of the Additional Costs. Invoices for the School District should be sent to (Name and E-mail). POINTS OF CONTACT The primary point of contact for accomplishing the objectives of this MOU, including day-to-day communications, are: County Department Doug Hainley Mental Health and Support Services Supervisor 970-400-6210 Hainlejd@weld.gov 5. INFORMATION SHARING School District NAME TITLE PHONE EMAIL In addition to collaborating to make Best Interest Determinations and facilitate the immediate enrollment of students in out -of -home placements through the transfer of education records, the County Department and School District shall immediately disclose information that is relevant to 2 the health and safety of the Student or anyone else to the fullest extent allowed by applicable law, specifically including but not limited to C.R.S. § 19-1-303(2) (allowing "school personnel" to obtain "any information required to perform their legal duties and responsibilities" from any agency that performs duties under Title 19 of Colorado Revised Statutes) and 20 U.S.C § 1232g(b)(1)(I) (allowing schools to disclose confidential information to "appropriate persons if the knowledge of such information is necessary to protect the health or safety of the student or other persons'). At a minimum, the County Department will notify School District within 3 school days when children enrolled in the district enter or change out -of -home placements, so that the School District can fulfill its other obligations toward students in out -of -home placements (which are outside the scope of this agreement). 6. TERM The term of this MOU shall commence on August 1, 2023 and shall be perpetual. 7. SIGNATURES COUNTY: ATTEST BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO By: Deputy Clerk to the Board Mike Freeman. Chair CONTRACTOR: (School District Name) (Address) (City, State, Zip Code) By: (Name, Title) Date: 3 Hello