Item: Renew Cooperative Agreement with the Division of Vocational Rehabilitation Services.

Transcription

1 APPENDIX J Item: Renew with the Division of Vocational Rehabilitation Services. Dept.: Special Education & Related Services Background/Historical Context: This contract provides vocational rehabilitation services for students with disabilities to assist them in the transition from school to work. Recommendation: school year. Approve cooperative agreement for the FY11-12 Rationale for Recommendation: This investment will result in over $500,000 in services for our students. Short and Long Term Impact: Short Term: Fiscal implications are $58, (reduced $10, from last year). Long Term: Ends on June 30, Supporting Documentation: Copy of proposed Cooperative Agreement. Board Action: Recommendation Accepted Recommendation Rejected Tabled for Further Study Other Vocational Rehabilitation FY11-12

2 COOPERATIVE AGREEMENT between New Hanover County Board of Education and The Division of Vocational Rehabilitation Services This (Agreement) is entered by and between New Hanover County Board of Education (hereinafter referred to as School System ) and the Division of Vocational Rehabilitation Services (hereinafter referred to as Division ) for the purpose of providing vocational rehabilitation services for eligible students to assist in the transition from school to work. This Agreement is subject to the provisions of all applicable federal and state laws, regulations, policies and standards. The administrator for the School System is Dr. Timothy Markley, Superintendent, 6410 Carolina Beach Road, Wilmington, NC 28412; The administrator for the Division is Becky Setliff, Unit Manager, 3340 Jaeckle Drive, Suite 201, Wilmington, NC 28403; This Agreement may be terminated by either party upon at least 30 days' written notice or immediately upon notice for cause. This Agreement may be amended, if mutually agreed upon, to change scope and terms of the Agreement. Such changes shall be incorporated as a written amendment to this Agreement and executed by duly authorized representatives of the School System and the Division. The legal authority for this Agreement is based upon the 1998 amendments to the Rehabilitation Act (P.L ); G.S A through ; G.S ; and G.S. 143 Article 3. Both parties shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and/or authority. Both parties shall comply with all federal and State laws relating to equal employment opportunity. Both parties agree that, if it is determined that some or all of the activities within the scope of this contract are subject to the Health Insurance Portability and Accountability Act of 1996, P.L , as amended ( HIPAA ), or its implementing regulations, they will comply with the HIPAA requirements and will execute such agreements and practices as may be required to ensure compliance. Both parties attest that they do not discriminate on the basis of race, color, national origin, sex, religion, age, or disability in employment of the provision of services as required by 34 CFR Both parties to this agreement are currently in compliance with Title VI of the Civil Rights Act of 1964 and comply with the provisions of the Rehabilitation Act of 1973, as amended through 1998, the Workforce Investment Act (P.L ) including Sections 501, 503, and 504 to the extent applicable; the Individuals with Disabilities Education Act (P.L Revised 3/2011 Page 1 of 4

3 17); the Vocational Education Amendments (P.L ); and the Americans with Disabilities Act (P.L ). Both parties shall comply with wage and hour regulations. Any information, data, instruments, documents, studies or reports given to or prepared or assembled by either party under this Agreement shall be kept as confidential and not divulged or made available to any individual or organization without the prior written approval of both parties. Both parties acknowledge that in receiving, storing, processing or otherwise dealing with any confidential information they will safeguard and not further disclose the information except as otherwise provided in this Agreement. The School System agrees to: 1.1 Contribute annually a specified sum as the State s share of matching funds which reflects the amount of participation toward providing a program of service. Any contribution of funds shall be made available for expenditure at the sole discretion of the Division. It is understood that such funds must be spent for rehabilitation services and for the administration of those services; that expenditures must be made under the approved agency State plan; and that expenditures must be made under the control and supervision of the Division of Vocational Rehabilitation Services. The Division will maintain such accounts and supporting documents that will permit an accurate determination at any time of the status of State and Federal participation of expenditures incurred in operation of the rehabilitation program. The specific items of each annual budget will be determined jointly and agreed to by the parties prior to the beginning of each fiscal year. The contribution by the School System to the Division is to be made upon submission of an invoice by the Division to the School System for the State s share of the annually agreed upon budget. The School System will contribute to the Division an annual cash amount of 21.3 percent of the agreed-upon annual budget. The local per centum match funds are to consist totally of non-federal funds which have not or will not be used to match Federal funds other than Federal Vocational Rehabilitation funds used in this program The School System shall provide adequate office space that is accessible to both staff and individuals with disabilities, private for individual counseling, and environmentally comfortable, with conditions that are conducive to confidentiality and counseling. Any and all equipment purchased under this Agreement will remain the property of the Division Provide maintenance of assigned accommodations, appropriate utilities, and basic telephone service Provide all individuals determined eligible for vocational rehabilitation services with those services that are its legal and traditional responsibility without cost to the Division Assist in securing and sharing diagnostic information of mutual clientele for the purpose of vocational rehabilitation services and will provide, as appropriate, psychological, vocational, and educational assessments for students suspected of needing assessments so long as sharing is in compliance with the requirements of the Family Education Rights and Privacy Act and other legal requirements relating to student privacy rights. Revised 3/2011 Page 2 of 4

4 1.6. Develop, in cooperation with the Division, a system to ensure that appropriate referrals are obtained by the Division. The Division agrees to: 2.1 Finance the program in the same manner as other functions of the Division by the use of State and Federal matching funds, as required under Title I of the Federal Vocational Rehabilitation Act. Financing the rehabilitation program shall be on an annual budget basis to insure continuity of operations. To receive Federal matching funds, the Division must provide State funds equal to the State s share of planned expenditures as specified in the Federal Act. 2.2 Agrees to provide a program of vocational rehabilitation services to eligible individuals referred by the School System and to other individuals found eligible for services. 2.3 Provide to the Division staff assigned to the program effective and appropriate supervision of the vocational rehabilitation activities. 2.4 Provide administrative and consultative support to the School System in the area of its program responsibilities. 2.5 Share statistical and fiscal reports with the School System regarding the vocational rehabilitation program, as deemed necessary to open communication and good administrative practices, and that are mutually agreed upon by both parties as being necessary. 2.6 Provide Federal funding in the amount of 78.7 percent of the agreed-upon annual budget depending on the availability of Federal funds and the program arrangements. 2.7 Provide, within the limitations of available resources, case service funds necessary to the delivery of vocational rehabilitation services. 2.8 Determine, through its professional counseling staff, all decisions affecting an individual s eligibility for services and the nature and scope of rehabilitation services to be provided must be made by the Division and cannot be delegated. 2.9 Provide information deemed appropriate by the School System regarding eligibility requirements and descriptions of rules, regulations, and policies governing the program Assign rehabilitation staff to serve each high school within the school system and will maintain an active caseload at all assigned schools. Rehabilitation staff will visit the assigned school on a scheduled routine basis to receive referrals and to transact other matters necessary to effectively administer the rehabilitation program Contact referred students at the earliest possible time to initiate the process of providing rehabilitation services; however, prior to completing the application for vocational rehabilitation Revised 3/2011 Page 3 of 4

5 services, parent or guardian permission is required for services to a minor. Appropriate feedback will be furnished to the referral source Use existing assessment data when appropriate. When necessary, supplementary assessments will be procured Complete a comprehensive evaluation on each eligible individual, to the degree necessary, to determine the vocational goal and scope of vocational rehabilitation services to be included in the IPE Share consumer specific information with appropriate school personnel upon a duly executed Consent For Release of Confidential Information as specified in 34 CFR Comply with NC House Bill 933, Section 21, (G.S. 115C, Article 22, part 6 amended). Contractor shall conduct checks not less than annually of its employees who provide the contracted services to the New Hanover County Schools. The checks must include the State Sex Offender and Public Protection Registration Program, the State Sexually Violent Predator Registration Program, and the National Sex Offender Registry. Contractor shall prohibit any contractual personnel listed with any such programs or registry from having direct interaction with students, and 2. Provide New Hanover County Schools a notarized statement certifying that none of its employees who have direct interaction with students are listed with these programs or registry within 30 days of the commencement of this amendment. This Agreement shall begin on July 1, 2011 and end on June 30, New Hanover County Board of Education Witness BY: Donald S. Hayes TITLE: Chairman DATE: Division of Vocational Rehabilitation Services BY: Division Director DATE: Revised 3/2011 Page 4 of 4