POLICY TITLE: Private Service Providers POLICY NO:

1006.00
Minidoka County Joint School District # 331 PAGE 1 of 3

The Minidoka County School District recognizes the importance of working with parents and
local agencies for the benefit of students. The district shall allow access to identified students
and use of space on the school premises for provision of services within the terms of this policy
and a properly executed Agreement. For the purposes of this policy, a private service provider is
a duly authorized agency or individual who provides services such as psycho-social
rehabilitation to identified students of the Minidoka County School District NOT included in the
student’s IEP or 504 plan.

The purpose of this policy is to state the relationship between parties and to allow for the
provision of services to students as requested by parents. A Private Service Providers is not an
employee of the Minidoka County School District, but is at all times, an independent contractor;
working independently of the Minidoka County School District, and shall NOT be paid by the
Minidoka County School District for services delivered to students under this Agreement.

SERVICE PROVIDER REQUIREMENTS

Private providers and therapists desiring to deliver services in schools shall contact the Director
of Special Services and request approval to provide services to a student in the Minidoka School
District. A memorandum of agreement (MOA) must be entered into prior to provision of
therapy. The MOA may be renewed and updated annually prior to the start of school. The MOA
and requested documents will be on file at Special Services and copies will be available to
individual building administrators. An updated list of approved agencies and their providers and
therapists will be regularly distributed to principals or provided upon request by the District
Medicaid Billing Clerk.

Service Provider meets all requirements of the Medicaid Provider Agreement and provides
documentation of such compliance to the Minidoka County School District upon request, as
follows:
1. Proof of liability insurance in the amount of $300,000 per incident.
2. Certification that all employees of Service Provider who are present on school premises
have successfully completed all requirements of the criminal background check
determining that the employee is safe to work directly with children and/or vulnerable
adults.
3. Certification that all employees providing reimbursable services to students meet all
professional educational, skill, and licensure requirements of Medicaid.
4. Service Provider shall have access to a student’s educational record only to the extent that
the student’s parent or legal guardian provides consent.
5. All medical care documentation made by the Service Provider are part of the Service
Provider’s medical record for the student and shall be covered for purposes of disclosure
or access by the Health Insurance Portability and Accountability Act (HIPAA).

NON-INTERFERENCE WITH EDUCATIONAL PROGRAM

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Service Provider shall provide services that are not inconsistent with or interfere with the
student’s educational program as determined by the Minidoka County School District, special
education director, or designee.

Service Providers may be invited by the IEP or 504 team or the parent(s) or adult student to
participate in the IEP or 504 team meeting. It is acknowledged that the Minidoka County School
District shall at all times retain the responsibility/authority to determine eligibility for special
education or 504, as well as the requirements for provision of FAPE to the individual student.
Decisions regarding educational methodology, materials, and personnel are the responsibility of
the Minidoka County School District.

DISTRICT PROCEDURES
Each agency acting under this Agreement shall comply with the Minidoka County School district
and individual school operational procedures, and shall fulfill the following responsibilities
1. Prior to providing services in the classroom, therapists will meet with the school
personnel upon request. Discussion will cover what help the teacher is looking for, and
what the school and provider goals are. Together, they will determine what methodology
will be implemented for behavior intervention, and how handle reinforcement and
consequences.
2. The providers are to clearly understand that the teacher and the principal are in charge
while on school grounds. The private provider will defer to the school in all situations
concerning the conduct, safety, and well-being of the child.
3. Providers are to learn emergency procedures and are to review them with school
personnel. All providers are expected to be familiar with and to comply with all the rules
and guidelines in the schools, including, but not limited to safety, emergency evacuation,
and security. Therapists are to sign their name and their time in and out of every building
on each visit.
4. All providers are on a probationary period to see if they are a good match with the
student, teacher, and school. A review will be done by the teacher and/or principal within
1 to 2 weeks, and as frequently as every 30 days to confirm continuing access to the
student in the school.
5. The IEP team, Behavior Team or Building Level Team should confirm if the hours and
the plans are acceptable for implementation in the schools. The total number of hours
approved by Health and Welfare may or may not be approved by the IEP team for use in
the school. It is up to the IEP or Behavior team to determine the maximum number of
hours and times that are to be utilized per client during school hours.
6. Private providers are expected to work in collaboration with the teacher to ensure smooth
operations within the classroom. Providers are expected to be actively involved with the
student providing behavior intervention during class. If the teacher, IEP or Behavior
team determines that the service is disruptive to the child or class, the teacher may ask the
provider to leave and the team will have the responsibility to correct or adjust the time
that the providers are allowed in the school. This ensures that the educational process is
beneficial to all students.

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PRIVATE SERVICE PROVIDERS—continued Page 3 of 4

7. If there is a difference of opinion between the provider and the teacher or principal, the
school personnel have the responsibility and authority to decide what action is to be taken
or what plan is to be followed.
8. Agency owners, principals and teachers are encouraged to communicate regularly to
optimize services for the student.
9. Providers and therapists will display an agency ID badge and/or a school visitor ID badge
while working in a school building.
10. Providers and therapists will adhere to a set schedule – arriving and leaving on time.
11. Providers and therapists will notify the building administrator and teacher if he or she
will be absent from therapy.
12. Providers and therapists will remain in their assigned location.
13. The agency will notify school personnel of a change in providers serving students.
14. Providers and therapists will interact in a constructive manner with school personnel.
15. Providers will dress professionally at all times while in the school setting.

PROFESSIONAL SERVICES
The services rendered pursuant to this Agreement will be provided by individuals who are duly
licensed to perform the services or supervised by a license provider in accordance with
applicable professional standards. Provider agrees that all work pursuant to this Agreement will
be performed in accordance with the highest professional standards. Written assurances will be
provided to the District attesting that all employees who come into contact with students shall
have been subject to a criminal background check at least as stringent as that required by Idaho
Code Section 33-130 and policies of the Minidoka County School District, and have been
determined to not have a criminal background inconsistent with working with children. The
Minidoka County School District shall have the right to observe services being provided to the
clients.

INSURANCE AND LIABILITY

Service Provider shall be solely liable for any losses or damages resulting from Service
Provider’s performance of any of the services covered by this Agreement. Service Provider shall
indemnify and hold harmless the District from any liability, including, but not limited to, costs,
expenses, and attorney fees, resulting from Service Provider’s performance of the services
provided under this Agreement. Proof of insurance shall be submitted to the Minidoka County
School District within ten (10) days of the date of this Agreement.

AMENDMENT

This MOA may be amended at any time with the prior written mutual consent of both parties.
Any and all amendments to this Agreement shall be in writing.

TERMINATION

Either party may terminate the MOA, without cause, five (5) working days after providing
written notice of the intent to terminate to the other party.

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PRIVATE SERVICE PROVIDERS—continued Page 4 of 4

DEFAULT

Upon default by either party, the non-defaulting party may cancel this Agreement immediately,
upon notice, and may pursue any and all available legal, equitable, and other remedies. The
defaulting party shall be liable for any and all expenses that are incurred by the non-defaulting
party as a result thereof, including, but not limited to, procuring substitute performance, legal
fees, and other losses incurred due to the default.

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LEGAL REFERENCE:

ADOPTED: February 21, 2006

AMENDED/REVISED:

SECTION 1000: SCHOOL, COMMUNITY RELATIONS