Common use of Provision of Education Services Clause in Contracts

Provision of Education Services. Titusville is responsible for providing Education Services to the Participating District’s students as follows: (a) Titusville shall provide the Education Services to the Participating District’s students during the 2021-2022 academic year through the use of its cyber educational program. Titusville shall provide Education Services through its online courses appropriate for kindergarten through twelfth grade. (b) Titusville will provide enrollment assistance, educational plan creation, academic support, student progress monitoring and measurement, attendance tracking, regular contact with students and parents, and administrative support. (c) Participating District shall continue to be the Local Education Agency and shall be responsible for the provision of a Free Appropriate Public Education (“FAPE”) to the Participating District’s students. The Participating District shall be responsible to provide special education and related services for the special education of Participating District’s students, provided, however, Titusville shall implement the Individualized Education Plan (“IEP”) for Participating District’s students. Titusville shall inform the Participating District if and when any provision of the Participating District’s student’s IEP cannot effectively be implemented through the virtual platform utilized by Titusville through its provision of Education Services. The Participating District is responsible for determining how to deliver related services to any student outlined in that Participating District’s student’s IEP. (d) Titusville agrees to cooperate and provide input to the Participating District when the Participating District is in the process of developing or revising of any Participating District’s student’s IEP or 504 Plan. Titusville agrees to implement any Participating District’s student’s IEP or 504 Plan with fidelity and shall notify the Participating District if any of its students’ IEPs cannot effectively be implemented through the virtual platform utilized by Titusville through its provision of Education Services. Titusville agrees to perform data collection and progress monitoring as set forth in any Participating District’s student’s IEP and/or 504 Plan. Titusville agrees to exchange information and records relevant to any of the Participating District’s students with the Participating District in a timely manner, and otherwise assist the Participating District with compliance with any other requirements of IDEA and Chapter 14 of PDE regulations, Section 504 of the Rehabilitation Act and Chapters 15 and 16 of PDE regulations (Title 22 of the Pennsylvania Code) regarding the provision of special education and related services to any students participating in the cyber educational program. (e) Titusville agrees to communicate with the Participating District in a prompt and timely manner after becoming aware a student participating in the cyber educational program may be in need of an initial evaluation or a re-evaluation for special education services under IDEA and Pa.Code Chapter 14 or under Section 504 of the Rehabilitation Act of 1973 and 22 Pa. Code Chapter 15. Similarly, Participating District shall timely convey to Titusville when a Participating District student’s parent or guardian requests a re-evaluation. The Participating District shall proceed with conducting the re-evaluation with the cooperation of Titusville.

Provision of Education Services. Titusville is responsible for providing Education Services to the Participating District’s students as follows: (a) Titusville shall provide the Education Services to the Participating District’s students during the 2021-2022 academic year through the use of its cyber educational program. Titusville shall provide Education Services through its online courses appropriate for kindergarten through twelfth grade. (b) Titusville will provide enrollment assistance, educational plan creation, academic support, student progress monitoring and measurement, attendance tracking, regular contact with students and parents, and administrative support. (c) Participating District shall continue to be the Local Education Agency and shall be responsible for the provision of a Free Appropriate Public Education (“FAPE”) to the Participating District’s students. The Participating District shall be responsible to provide special education and related services for the special education of Participating District’s students, provided, however, Titusville shall write and implement the Individualized Education Plan (“IEP”) for Participating District’s students. Titusville shall inform the Participating District if and when any provision of the Participating District’s student’s IEP cannot effectively be implemented through the virtual platform utilized by Titusville through its provision of Education Services. The Participating District is responsible for determining how to deliver related services to any student outlined in that Participating District’s student’s IEP. (d) Titusville agrees to cooperate and provide input to the Participating District when the Participating District is in the process of developing or revising of any Participating District’s student’s IEP or 504 Plan. Titusville agrees to implement any Participating District’s student’s IEP or 504 Plan with fidelity and shall notify the Participating District if any of its students’ IEPs cannot effectively be implemented through the virtual platform utilized by Titusville through its provision of Education Services. Titusville agrees to perform data collection and progress monitoring as set forth in any Participating District’s student’s IEP and/or 504 Plan. Titusville agrees to exchange information and records relevant to any of the Participating District’s students with the Participating District in a timely manner, and otherwise assist the Participating District with compliance with any other requirements of IDEA and Chapter 14 of PDE regulations, Section 504 of the Rehabilitation Act and Chapters 15 and 16 of PDE regulations (Title 22 of the Pennsylvania Code) regarding the provision of special education and related services to any students participating in the cyber educational program. (e) Titusville agrees to communicate with the Participating District in a prompt and timely manner after becoming aware a student participating in the cyber educational program may be in need of an initial evaluation or a re-evaluation for special education services under IDEA and Pa.Code Chapter 14 or under Section 504 of the Rehabilitation Act of 1973 and 22 Pa. Code Chapter 15. Similarly, Participating District shall timely convey to Titusville when a Participating District student’s parent or guardian requests a re-evaluation. The Participating District shall proceed with conducting the re-evaluation with the cooperation of Titusville.