bill
ITKI
OUN
N
TY
AITKIN COUNTY HEALTH & HUMAN SERVICES
-ssr
1857
204
First
Street NW
Aitkin, MN
56431
Next Meeting
-
October 26,2021
Phone:
800
-328-37
44 I 21 8-927
-7
200
F ax: 21 I
-927
-7
21
0
I 7 293
BOARD MEETING AGENDA
September 28,2021
9:05 A.M. START
9:05 l.
ReviewApproval
of
Health
&
Human
Services Board
Agenda
9:06 ll. ReviewApproval
of August24,2021 Health
&
Human Service
Board Minutes
9:07
lll.
ReviewApproval
of Bills Link to PDF
9:08 lV
Cynthia Bennett, Health
&
Human
Services Director
A. Directors
Update
9:13 V
Jessica Goble
A. Economic
Supports Update
9:33 Vl
A. Transportation
of Ghildren and Youth Contract with McGregor
Schools
9:38 Vll.
Committee Reports
from Commissioners
A. H&HS Advisory Committee
-
Commissioners Wedel and/or
Westerlund
B. CHS Joint Powers
Board Update
-
Commissioner Westerlund
C.
AEOA Committee
Update
-
Commissioner Westerlund
D. CARE Board
-
Commissioner Westerlund
E. CJI
(Children's
Justice lnitiative)
-
Commissioner Westerlund
F.
NEMOJT Committee
Update
-
Commissioner
Niemi
G. Lakes
&
Pines
Update
-
Commissioner Niemi
9:50
END
ITK
IN
OUNTY
AITKIN
COUNTY HEALTH & HUMAN
SERVICES
204 First Street NW
Aitkin, MN 56431
Phone: 800-328-37
44121 8-927
-7
200
F ax:
21
8-927
-7
21 0 I 7 293
-611
1857
Contract
Purchase of Service Agreement for the
Transportation
of
Children and Youth
in
Foster Care
Placement
Objective
This
agreement
is
a
requirement
of the
Every Child Succeeds
Act
of
2015 which
requires
counties
and schools
to
work together to ensure that children
in foster
care
can
remain
in
the
same school they attended
prior
to
placement
unless
it is determined that
it is not
in the child's
best
interest. This
agreement
lays out a
plan
for addressing transportation
of children
in
foster
care and transportation costs
will
be split equally by
the school and the
county.
Aitkin County
Health and Human can receive some
lV-E
reimbursement
for money spent
on transportation
costs.
Opportunity
This
agreement will ensure that
Aitkin
County
Health
and
Human Services and
McGregor
Schools are
coordinating transportation
for
children
in foster care that attend
the
McGregor
School District.
Existing or New Contract
Existing Contract
Changes to Existing Contract
No
changes have been made
to this
agreement
except
to update the timeframe
the agreement
covers.
Timeline for
Execution
July 1
,2021
to June
30,2022
Conclusion
Aitkin County Health
and Human Services asks
that
the board approve this
Purchase of
Service Agreement.
"This
institution is
an
equal
opportunity
provider."
PURCHASE
OF SERVICE AGREEMENT
FOR
THE TRANSPORTATION
OF CHILDREN
AND
YOUTH
IN
FOSTER CARE PI-ACEMENT
This Agreement is
entered into
by and between
lndependent
School
District
#0004
{hereinafter
referred
to as the District) and Aitkin
County.
WHEREAS,
the
parties
desire for the
District to
provide
certain
transportation
services
for students in
foster
care
placement
under the terms and conditions
hereinafter
set
forth;
WHEREAS,
pursuant
to
the Elementary
and
Secondary
Act
(ESEA),
as amended
by
the Every
Student
Succeeds Act
(ESSA), youth
placed
in
a foster
care
placement
will
remain
enrolled
in
their school of
origin,
unless a determination
is made that it is not
in their
best interest.
Best interest factors
include
timelinesg consideration
of the appropriateness
of the
curent educational
setting
and
the
proximity
to
the school
in which
the child is enrolled at
the
time of
placement.
WHEREAS,
the term foster
care is defined
as Z4-hour
substitute
care for
children
placed
away
from
their
parents
or
guardians
and for whom
the
child welfare 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, residentialfacilities,
child care institutions and
pre-adoptive
homes.
This
definition
is
consistent with the Fostering
Connections
Act
(45
CFR
1.355.20).
WHEREAS,
pursuant
to the Elementary
and
Secondary Act
(ESEA),
as amended
by
the Every Student
Succeeds Act,
the District is required
to collaborate
with child welfare
agency
to develop
and implement
procedures
for
how
transportation for
youth
in
foster
care
will be
provided,
arranged
and
funded,
including
the use
of
child welfare
funding
to cover
costs for such transportation
provided
by
the District
and Aitkin County
agree to share
the costs of
the transportation.
This
agreement
outlines the
developed agreement
about
shared costs of transporting
youth
in foster
care
to and
from
school,
NOW, THEREFORE,
in consideration
of the mutual
terms and
conditions contained herein, it is
agreed
by
and between the
parties
hereto
as
follows:
1. rEjI!:
The
term
of this Agreement
shall
be
in
effect
frorn
July L,zOZt
-June
30,2022
2.
EDUCATTONAL
ptACEMENT
pFCtStONS:
Aitkin
County
is responsible
for determining
appropriate
education
placement
and
the
presumption
should be that
the child will remain
in the
school
of
origin to
provide
school
stability
and educational
continuity for
the child,
unless
contrary
to the child,s
best
interests.
Aitkin
County and/or
a representative
of the
school
in
which
the
child is
currently
enrolled
will
work
with
the Aitkin County
foster
care contact
to
determine,
based on
the
child's best
interest,
whether
the child should remain
in
the school of
origin or
consider a transfer
to the
local
zoned school
for the
child's new residence.
lf
Aitkin County
is considering
moving a child to
a new educational
placement,
Aitkin County
will have a
phone
consultation
with
the school
contact
prior
to
gatherlng
input
about
the
best interests of
the child
in
relation
to
their school
placement.
Aitkin
County
and
t
h
e
County Transition
Education Services Liaison
responsible for students
in foster
care
will
work
collaboratively
to inform
this school
placement
decision-making
process.
The
school
will
provide
information about the appropriateness
of
the child's current
educational
placement.
Aitkln
County
shalltake
into
consideration this information
and
other best
interest
factors
found in
paragraph
three in
making educational
decision.
The
County
Transition
Education
Services Liaison
and
/or
a
representative
of the school
in
which
the
chlld is enrolled will be asked to
participate
in
the
meeting,
either
by
phone
or
in
person.
Aitkin
County
will
identify a
point
of contact from
the
agency
to
work directly
with
the
District Transportation
Director to ensure a
smooth transition.
3.
BEST
INTEREST FACIORS:
When
considering
placement
the
following
best interest factors should
be
considered:
o
The
student's age
o
The school attended by the
student's siblings
r
Length
of
time
student is expected
to
remain
at the current
placement
and
the
possible
location
of housing
intended
to
be long-term
.
Distance
of commute
and the irnpact it may have
on the student's
education
and other
student-centered, tra
nsportation-related factors,
incl uding travel
time
r
The
preferences
ofthe student, the
birth
parents
or
prior
custodians as appropriate,
and
the students foster
care
parent{s}
or
current
placement provider
r
School stability
and educational
continuity
r
Time remaining in the
academic
year
o
Personal
safety, attendance,
academic
progress
and social involvement of the students
in
the current school
o
The impact
transferring the
student
to a new school may
have on his
or her needs
and
progress
academica
lly,
emotiona
lly,
socia lly a nd
physica
lly
.
Availability of classes to avoid
credit
loss
and for timely
graduation
or
promotion
r
Documentation
of the best
interest
determination
shall be maintained
in the
Aitkin
County
case file
and
student's
cumulative
record.
4.
sqR)/tcEs
Transportation
Services
will be
provided
by
the District in
the
following
manner:
a. Students
Wh-o
are able
tg
be
transpgrtgd
to school or.r
an_.existine
routll:
When
feasible,
students
placed
in
foster
care will be
transported to schoolon
an existing bus route.
Feasibility
considerations
will include the location,
length
of
bus ride, space
available
on
the route and
availability
of any needed
accommodations.
District
will
cover
the
associated
costs.
b.
St$Cents who have
3n
IEP indicating
thqneed for specialized
tranlp.gftation: tf
students
are
residing and
attending
school withln the District,
the District
will
assume
costs
required
for transporting
the
student
to school. Dlstrict
will
cover
the
associated
costs.
c. Students
who
are unable to
be transported_glan
e4jstjng route:
lf
a
route
does
not exist
or is not a feasible
option
for the student
placed
in foster care, the
District
will negotiate
with Aitkin County to determine
the best
possible
means of
transportation. The District
and Aitkin County
will share the transportation costs identified in
Section
5a.
d.
itudents
residing
in a
fostef
.cqfg
place.{rjg_trloutside
of District bo$ndaries. but
attendile
a Diskict School: lf students
are residing
in
a foster
care
placement
outside
of
District
boundaries, but
are attending
schoolwithin
the District
transportation
will
be arranged
by the District. The District
will
negotiate with
Aitkin
county
to determine
the best
possible
means of
transportation.
The District
and Aitkin
County
willshare
the transportation
costs identified in
Section
5a.
e. Studenls
placed
in
foster care withiLDjFtrict
and attend-ine
a
non-lSD 4
Area
Sqhoql:
The
District will
bear no financial
responsibility
for
this student. Aitkin
County and
the
School District
where
the student
attends are
expected to
make
arrangements
for
transportation
and the associated
costs.
s.
PAYMENT
FB.L.sEBllrgES:
a. The District
and Aitkin
County agree to
split
the
costs of the transportation
described in Section
4, including
but
not limited
to staff time
and
third
pafi
carriers
as appropriate.
Mileage
reimbursement is
to be set
at the current
IRS rate.
All
transportation
costs identified
in
this agreement
are to be split equally; the
District
and
the Aitkin County
agree
to
each assume
to
pay
50% of
the costs.
b.
Aitkin
County will identify
a
point
of contact
from
the agency to
work
directly
with
the
District
Transportation
Director to
ensure
transportation arrangements are
timely
and
authentic. All
transportation requests
are
to be requested
by
the
Aitkin
County
point
of contact to be honored.
c. Transponation
services will
be
provided
by the
District and its contracted transportation
providers,
when
possible.
lf
due to driver
or vehicle
unavailability,
Aitkln
County
will
be
responsible
for transportation
of
the student
placed
in foster
care.
d. Aitkin
County will compensate
the
District
for
transportation
provided
outside
of
the
district
pursuant
to
this agreement at
the rate
billed
by the district
or its third
party
provider.
Copies of
the invoices from
the
private
transportation
company
will
be
provided
to
Aitkin
County.
e. The District willsubmit
itemized
invoices
to
the
Aitkin
County contact
on a
quarterly
basis.
The
invoices will
detail each
trip
provided
by
the
DistricL
the total time
for
each
trip
and
the
associated
charge. Payment
shall
be made within
35
days of receipt
of
the
invoice.
f. ln situations
where
transportation is
being funded
by Aitkin Counry Aitkin County
point
of
contact will notify
the District
Transportation
Director when foster
care
placements
end.
6.
DISPUTE
RESOLUTION:
It is the
responsibility of Aitkin County
and
the
District to collaborate
in determining
the
child's best
interest
for school ffansportation and
to resolve any
conflicts.
Whenever
possible,
the
parties
will attempt to
informally
resolve
any dispute
involving
the best means
and costs
of
transportation
of a child
in foster
care.
Aitkin
County
and
the
District will
pursue
the
formal
dispute
resolution
procedures
below
when
informal resolution
is not
possible,
or when informal
resolution would
result in
disruptions
to the
child's
education.
To formally
dispute a decision
regarding
transportation
for
a
student in foster
care the
following
steps
should be taken:
1. The
process
for
resolution
between
the two
parties
requires
a written explanation
of the conflict
from
the
disputing
part!,
within 24 hours.
2.
Upon
receipt of the explanation,
the
decision will
be
reviewed
by
the District
and the
Director of
Aitkin
County
Health
and Human Services.
lnput will
be reviewed
from
all
parties
and a
decision by the Director
will be communicated
within
three business
days. A decision
could be made to uphold
the decision, reverse the decision
or require
the
parties
to
participate
in a Decision Making
Team meeting,
3. County
will
determine
the
placement
of the
child untilthe dispute
resolution
process
has concluded. During
this time the transportation
costs
will
be divided equally
between the District
and Aitkin County,
4. lf
disagreement on school
transportation
remains,
guidance
from
the Minnesota
Department
of
Education
will be requested.
7. PROVIDER
NOTAN EMPLOYEE:
It is
agreed
by the
parties
that at all
times
and for
all
purposes
herein, District and its
subcontractors are
independent
providers
and not employees
of Aitkln
County.
No staternent
contained in this Agreement
shall be construed
so as to find the District
shall
be entitled
to
none
of the rights,
privileges,
or benefits
of Aitkin County employees except as otherwise
stated herein.
8. INDEMNIFICATION:
Each
party
shall be liable for its
own acts and the
acts of its representatives to the extent
provided
by
law
and hereby agrees
to indemnify, hold
harmless,
and
defend each other,
its
officerg employees
and volunteers
against any and all liability, loss,
costs, damages, expenses,
claims or
actions,
including
attorney's fees
which
the others, its officers, employees
and
volunteers may
hereinafter
sustain,
incur or be required
to
pay,
arising out of
or by
reason
of
any
act or omission
of the Party, its
agents, employees
or
volunteers, in
the execution,
performance,
or
failure
to adequately
perform
its
obligation
pursuant
to
this
Agreement.
9. TERIvllllArJON
oF coNTRApr:
Either
party
may terminate this Agreement,
with or without
cause, upon
a thirty
(30)
days
written notice
to the
other
party.
10.
STANDAR_pS:
The
District and Aitkin
County
shall
comply with all
applicable State statutes and
regulations
as
well
as
local ordinances
and rules
now in effect
or
hereafter
adopted
11.
P"AIA.PRACTICES:
All data
collected,
created, received, maintained,
or disseminated for
any
purposes
by the
activities
of
the District
or Aitkln
County because
of this contract
is
governed
by
the Minnesota
Government
Data Practices Act,
Minnesota
Chapter 13, as
amended,
the
Minnesota
Rules
implementing
sitch act
now
in force
or as adopted,
as well as federal regulations
on data
privary.'
12. AMENDMENTS:
This
agreement
may be
supplemented, amended
or revised
only in writing
by agreement
of
both
parties
THE REMAINDER
OFTHIS
PAGE WAS INTENTIONALLY
LEFT
BLANK.
lN WITNESS WHEREOF,
the
parties
have executed
this Agreement
on the dates written
below.
COUNWOF
Aitkin
County
STATE OF MINNESOTA
Aitkin
County
BOARD
OF COMMISSIONERS
lndependent School District
#0004
BY;
BY:
Chairperson of the Aitkin County Board
larry Doten
School Board Chair
DATED
DATED:
Sf eolo
1
ATTESTED TO:
BY:
Jim Ratz
County Attorney
Brad
Johnson
Superintendent
DATED:
I
Go
DATED: