Common use of FREE AND APPROPRIATE PUBLIC EDUCATION Clause in Contracts

FREE AND APPROPRIATE PUBLIC EDUCATION. XXX shall provide CONTRACTOR with a copy of the IEP including the Individualized Transition Plan (hereinafter referred to as “ITP”) of each LEA student served by CONTRACTOR. CONTRACTOR shall provide to each LEA student special education and/or related services (including transition services) within the nonpublic agency consistent with the LEA student’s IEP and as specified in the ISA. If student services are provided by a third party (i.e. Related Services Provider), the CONTRACTOR shall notify LEA if provision of services cease. Pursuant to California Education Code section 56366(b), transportation shall not be provided through the use of services or equipment owned, leased, or contracted by the LEA for students served by CONTRACTOR unless those services and equipment are provided directly or subcontracted by the CONTRACTOR. Unless otherwise agreed to between CONTRACTOR and XXX, CONTRACTOR shall be responsible for the provision of all appropriate supplies, equipment, and/or facilities for LEA students, as specified in the LEA student’s IEP and ISA. CONTRACTOR shall make no charge of any kind to parents for special education and/or related services as specified in the LEA student’s IEP and ISA (including, but not limited to, screenings, assessments, or interviews that occur prior to or as a condition of the LEA student’s enrollment under the terms of this Master Contract). CONTRACTOR shall not solicit its services to LEA student’s parents, but may respond to those parents’ inquiries concerning additional CONTRACTOR services not required to provide a student with a free appropriate public education. CONTRACTOR may charge a LEA student’s parent(s) for services and/or activities not necessary for the LEA student to receive a free appropriate public education after: (a) written notification to LEA student’s parent(s) of the cost and voluntary nature of the services and/or activities; and (b) receipt by XXX of the written notification and a written acknowledgment signed by the LEA student’s parent(s) of the cost and voluntary nature of the services and/or activities. CONTRACTOR shall adhere to all LEA requirements concerning parent acknowledgment of financial responsibility as specified in the LEA Procedures. Voluntary services and/or activities not necessary for the LEA student to receive a free appropriate public education shall not interfere with the scheduling, location and/or LEA student’s receipt of special education and/or related services as specified in the LEA student’s IEP and ISA unless the LEA and CONTRACTOR agree otherwise in writing.

FREE AND APPROPRIATE PUBLIC EDUCATION. XXX shall provide CONTRACTOR with a copy of the IEP including the Individualized Transition Plan (hereinafter referred to as “ITP”) of each LEA student served by the CONTRACTOR. CONTRACTOR shall provide to each LEA student special education and/or related services Related Services (including transition services) within the nonpublic school or nonpublic agency consistent with the LEA student’s IEP and as specified in the ISA. If CONTRACTOR is a NPS, CONTRACTOR shall not accept a LEA student if it cannot provide or ensure the provision of the services outlined in the student’s IEP unless the contractor and LEA agree otherwise in the contract or ISA. If student services are provided by a third party (i.e. Related Services Provider), the CONTRACTOR shall notify LEA within 30 days if provision of services cease. Pursuant to California Education Code section 56366(b), transportation shall not be provided through the use of services or equipment owned, leased, or contracted by the LEA for students served by CONTRACTOR unless those services and equipment are provided directly or subcontracted by the CONTRACTOR. Unless otherwise agreed to between CONTRACTOR and XXX, CONTRACTOR shall be responsible for the provision of all appropriate supplies, equipment, equipment and/or facilities for LEA students, as specified in the LEA student’s IEP and ISA. CONTRACTOR shall ensure that facilities are adequate to provide LEA students with an environment which meets all pertinent health and safety regulations. CONTRACTOR shall make no charge of any kind to parents for special education and/or related services Related Services as specified in the LEA student’s IEP and ISA (including, but not limited to, screenings, assessments, or interviews that occur prior to or as a condition of the LEA student’s enrollment under the terms of this Master Contract). CONTRACTOR shall not solicit its services to LEA student’s parents, but may respond to those parents’ inquiries concerning additional CONTRACTOR services not required to provide a student with a free appropriate public education. CONTRACTOR may charge a LEA student’s parent(s) for services and/or activities not necessary for the LEA student to receive a free appropriate public education after: (a) written notification to the LEA student’s parent(s) of the cost and voluntary nature of the services and/or activities; and (b) receipt by XXX of the written notification and a written acknowledgment signed by the LEA student’s parent(s) of the cost and voluntary nature of the services and/or activities. CONTRACTOR shall adhere to all LEA requirements concerning parent acknowledgment of financial responsibility as specified in the LEA Procedures. Voluntary services and/or activities not necessary for the LEA student to receive a free appropriate public education shall not interfere with the scheduling, location and/or LEA student’s receipt of special education and/or related services as specified in the LEA student’s IEP and ISA unless the LEA and CONTRACTOR agree otherwise in writing.and

FREE AND APPROPRIATE PUBLIC EDUCATION. XXX LEA shall provide CONTRACTOR with access to or a copy of the IEP including the Individualized Transition Plan (hereinafter referred to as “ITP”) of each LEA student served by CONTRACTOR. CONTRACTOR shall provide to each LEA student special education and/or related services (including transition services) within the nonpublic agency consistent with the LEA student’s IEP and as specified in the ISA. If student services are provided by a third party (i.e. Related Services Provider), the CONTRACTOR shall notify LEA if provision of services cease. Pursuant to California Education Code section 56366(b), transportation shall not be provided through the use of services or equipment owned, leased, or contracted by the LEA for students served by CONTRACTOR unless those services and equipment are provided directly or subcontracted by the CONTRACTOR. Unless otherwise agreed to between CONTRACTOR and XXX, CONTRACTOR shall be responsible for the provision of all appropriate supplies, equipment, and/or facilities for LEA students, as specified in the LEA student’s IEP and ISA. CONTRACTOR shall make no charge of any kind to parents for special education and/or related services as specified in the LEA student’s IEP and ISA (including, but not limited to, screenings, assessments, or interviews that occur prior to or as a condition of the LEA student’s enrollment under the terms of this Master Contract). CONTRACTOR shall not solicit its services to LEA student’s parents, but may respond to those parents’ inquiries concerning additional CONTRACTOR services not required to provide a student with a free appropriate public education. CONTRACTOR may charge a LEA student’s parent(s) for services and/or activities not necessary for the LEA student to receive a free appropriate public education after: (a) written notification to LEA student’s parent(s) of the cost and voluntary nature of the services and/or activities; and (b) receipt by XXX of the written notification and a written acknowledgment signed by the LEA student’s parent(s) of the cost and voluntary nature of the services and/or activities. CONTRACTOR shall adhere to all LEA requirements concerning parent acknowledgment of financial responsibility as specified in the LEA Procedures. Voluntary services and/or activities not necessary for the LEA student to receive a free appropriate public education shall not interfere with the scheduling, location and/or LEA student’s receipt of special education and/or related services as specified in the LEA student’s IEP and ISA unless the LEA and CONTRACTOR agree otherwise in writing.