KMH%20Madrona%20contract%2024-25.pdf

Parent document: Regular School Board Meeting 5_00 pm-07-11-2024.pdf

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AGREEMENT FOR INTERAGENCY COORDINATION
FOR REGIONAL DAY TREATMENT SERVICES

This agreement is entered into between Bremerton School District (“the District”) and Kitsap
Mental Health Services (“KMHS’) effective as of August 28", 2024.

I. INTRODUCTION

1. Chapter 28A.13 RCW provides that all students with disabilities have an entitlement to a
free and appropriate public education to meet their unique needs, and RCW 71.24 provides
access to mental health services to children who are acutely mentally ill, seriously disturbed,
or chronically mentally ill.

2. Day treatment is part of a continuum of services that can best be provided through the
cooperative efforts of local school districts and community mental health.

3. KMHS will operate Madrona Day Treatment 6 hours a day, Monday, Tuesday, Thursday and
Friday, and 4 hours a day, Wednesday, with 36 slots in four classrooms spread over two
sites available to contract. Madrona West is located within the Bremerton School District at
3733 W Loxie Eagans Blvd, Bremerton WA, 98312 and will operate 8:30-2:30 on Monday,
Tuesday, Thursday, and Friday and 8:30-12:30 on Wednesday. Madrona East is located
within Kitsap Mental Health Services at 5455 Almira Dr. NE, Bremerton WA, 98311 and will
operate 8:00-2:00 Monday, Tuesday, Thursday, Friday and 8:00-12:00 on Wednesday.
Madrona Day Treatment will create a school calendar based in part on local school district
calendars.

4. Madrona Day Treatment will operate an Extended School Year 4 hours a day, 9 a.m. to 1
p.m. at Madrona East and 9:30 a.m. to 1:30 p.m. at Madrona West for 4 weeks at the end of
the school year for all students currently enrolled at Madrona Day Treatment.

5. KMHS and Local Educational Agencies (“LEA(s)”) will jointly provide day treatment services
through Madrona Day Treatment according to the below described terms and conditions.
The District is an LEA.

ll. PURPOSE OF AGREEMENT

The general purpose of this Agreement is the formation of a service agreement to provide
regional day treatment services. The program is for students whose Individual Education
Program (IEP) requires these services and will be used to meeting basic education
requirements in accordance with RCW 28A.150.210.

lil. EFFECTIVE DATE

This Agreement shall be in effect beginning August 28, 2024 and will continue for a one year
term, expiring on August 31, 2025. Each period from September 1 to August 31 will be known
as a school year. KMHS will provide a 12-month program to the District, which will include 192
school days with students present.

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IV. DEFINITION
1. Admission Criteria — the following are evaluated when determining if a student can attend
the Madrona Class:

a. The student must be referred from a school district

b. The student must be in grade level 15 grade to 12'" grade (second year seniors will
be considered with specific plans with the district)

c. The student must have a current Individualized Education Plan (IEP) to date.

d. The students may be experiencing a significant impairment in their functioning as a
result of their behavioral health needs.

e. Students who are struggling to maintain in their district academic placement due to
their behavioral health needs

f. Students who's caregiver has consent to their child placement in the program and
who have consented to participate in their child’s treatment

2. Advisory Council Meeting — The Kitsap Mental Health Services MDT program will
schedule three meetings during the regular school year. The following individuals must
attend:

e The Special Education Director(s) Or other representative from the contracting school
district

e Madrona Program Manager

e Director of School Programs

3. Exclusion Criteria — The following are reasons a student may not meet the criteria for initial
admission into the program:

e Student with intellectual or developmental disabilities that require specialized care
beyond the scope of services offered through Madrona Day Treatment.

e Student with patterns of assaultive behavior that pose a significant and ongoing safety
risk to others and/or limit their ability to participate meaningfully in a milieu setting with
peers.

e Student with significant medical or physical health conditions, or substantial
limitations with activities of daily living (such as toileting), that require constant
monitoring or medical intervention.

4. Emergency Discharge: means student is discharged from the current program and
transitioned back to the school district in response to the continued behavioral violation.

5. Parent: means (a) a biological or adoptive parent of a child; (b) a foster parent; (c) a guardian
generally authorized to act as the child’s parent, or authorized to make educational decisions
for the student, but not the state, if the student is a ward of the state; (d) an individual acting
in the place of a biological or adoptive parent, including a grandparent, stepparent, or other
relative with whom the student lives, or an individual who is legally responsible for the
student's welfare; or a surrogate parent who has been appointed in accordance with
WAC 392-172A-05130.

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6. Suspension: the denial of attendance in response to a behavioral violation from any subject
or class, or from any full schedule of subjects or classes, but not including classroom
exclusions emergency expulsions. Suspension may also include denial of admission to or
entry upon, real and personal property that is owned, leased, rented, or controlled by KMHS

Short-term suspension: in which a student is excluded from school for up to ten
consecutive school days.

V. RENEWAL AND TERMINATION

The District or KMHS may terminate or change participation in the Madrona Day Treatment
Program for convenience by providing notice in accordance with this Section. KMHS or the
District must provide written notice by May 15 of the current calendar year to terminate or
change enrollment for the subsequent school year that begins on September 1 of the same
calendar year. At the time of renewal for subsequent contract periods, the District will have the
first option to maintain the slots that are currently allotted to the District.

Vi. FINANCING

1. The District will refer students to Madrona Day Treatment for consideration for placement
consistent with the appropriate clinical criteria and rules and regulations governing day
treatment programs. The District agrees to pay a fee of $64,000 for each slot purchased for
a contract period of August 28, 2024 to August 31, 2025. KMHS is responsible for full
reimbursement to the District of any overpayments determined to have been made.

2. KMHS will send an invoice each month by the 10" of the month for the prior month services,
and the District must remit payment for that invoice within 30 days of the date of the invoice.
The source of these funds is non-federal dollars.

3. The District is reserving 10 slots under this Agreement at a total cost of $640,000.

4. If the District wishes to sublet any or all of its slots to another LEA, the District will notify
KMHS of its intention, and KMHS will offer the slots up to other LEAs.

5. KMHS will bill the District for any additional services a student may require, such as 1-on-1
services, at an hourly rate of $33.00. All services requiring additional costs need to be
approved by the District and written into a student’s IEP. There will be a ten-day grace
period to obtain such authorization. KMHS will invoice for additional services by the 20" of
the month for the prior month, and the district will pay such services within 30 days of the
day of the invoice.

6. All therapeutic staff are employees of KMHS and are subject to the policies, rules, and
regulations of the Board of Directors of KMHS.

7. Ifa student withdraws/transitions from the program, the District has the following options:
Place another qualified student into the slot, transfer the slot to another LEA in need of a
slot, at a prorated cost, or leave the slot open, in which case the district remains responsible

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for payment of the slot(s). A qualified student is one that has been referred and approved
by Madrona Day Treatment for placement in the program; Madrona Day Treatment will also
consider current student population and available space at the time of referral in determining
if the referred student is qualified.

Vil. DUTIES OF KITSAP MENTAL HEALTH SERVICES/MADRONA DAY TREATMENT

In accordance with this agreement, KMHS will:

1.

Operate Madrona Day Treatment, an educational and behavioral management program for
students with complex emotional and behavioral health needs.

Maintain Madrona Day Treatment as an approved Nonpublic Agency through the
Washington State Office of the Superintendent of Public Instruction.

Employ, compensate and provide the personnel to operate Madrona Day Treatment. In
accordance with RCW 28A.195.080, WA State Patrol background checks and FBI
fingerprint checks are completed and cleared for all personnel of Madrona Day Treatment.

Maintain a list of staff members providing the education and related services and a copy of
the license that qualifies each staff member to provide the services.

Employ or contract with at least one licensed teacher with a special education endorsement.

Ensure that staff is regularly trained in:

(i) The constitutional and civil rights of students in schools;

(ii) Child and adolescent development;

(iii) Trauma-informed approaches to working with children and youth;

(iv) Cultural competency, diversity, equity, and inclusion, including best practices for

interacting with students from particular backgrounds, including English learner,
LGBTQ, immigrant, female, and nonbinary students. For the purposes of this
subsection, "cultural competency,” "diversity," "equity," and "inclusion" have the
same meanings as in RCW 28A.415.443;:

(v) Student isolation and restraint requirements under RCW 28A.600.485;

(vi) The federal family educational rights and privacy act (Title 20 U.S.C. Sec. 1232g)
requirements including limits on access to and dissemination of student records
for noneducational purposes;

(vii) | Recognizing and responding to student mental health issues; and

(viii) | Educational rights of students with disabilities, the relationship of disability to
behavior, and best practices for interacting with students with disabilities;

Coordinate the purchase of supplies and materials for Madrona Day Treatment.
Provide the necessary administrative services for the efficient operations of Madrona Day

Treatment. Such services shall include, but not be limited to supervision, accounting
services, payroll and other bookkeeping requirements.

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10.

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Provide the space to house the employees and materials, when and where necessary, for
the efficient performance of responsibilities.

Develop consistent procedures for entering, exiting and reporting progress of students into
and from the program.

Coordinate inter-district and inter-agency services and agreements required to implement
educational plans, programs, and other additional on-site services.

Coordinate supportive services and emergency services as needed. Special education and
related services for students will be based upon IEP-designated needs, as determined by
the IEP committee. The resident LEA and Madrona Day Treatment will determine jointly
how and where services are to be offered.

Cooperate with LEA personnel in accomplishing assessments, IEPs (to include resident
LEA participation), transition plans, and a full continuum of services for students.

Conduct 3 Advisory Committee meetings throughout the year. KMHS will invite all districts
and will send out calendar invites for these meetings at the beginning of the school year.

Initiate monthly check-ins with the District regarding each individual student.
Ensure that all appropriate parties are invited to IEP meetings.

Collaborate with the District in regards to managing challenging behaviors during
transportation to and from school.

Coordinate with the District to provide students access to Washington State learning
standards, provide students with opportunities to participate in state and District
assessments, and as applicable, provide students with opportunities to fulfill requirements to
receive a Washington State diploma (which may include completion of a High School &
Beyond Plan).

Adhere to conditions and prohibitions on the use of isolation/restraint except when there is
“imminent likelihood of serious harm” as defined under WAC Section 392-172A-01109 and
WAC Section 392-172A-02110. Meet requirements for parent notification and reporting of
any incident of isolation/restraint under RCW 28A.600.485. Meet requirements for parent
consent and procedures for Emergency Response Protocols under WAC Section 392-172A-
02105. Report any incidents of isolation/restraint to the LEA under RCW 28A.600.485.

Promptly submit any complaints it receives to the District.
Notify the Office of the Superintendent of Public Instruction and the District of any major

program changes that occur during the authorization period, including adding or eliminating
services or changing the type of programs available to students.

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22. Notify the Office of the Superintendent of Public Instruction and the District and every parent
or guardian of an affected student of any conditions that would affect KMHS’s ability to
continue to provide the contracted services

23. Notify the Office of the Superintendent of Public Instruction and the District of any
complaints it receives regarding services to students, as well as any law enforcement
incident reports involving the authorized entity and its enrolled students

24. Comply with all relevant Washington state and federal laws that are applicable to the
District.

25. Carry professional and general liability insurance up to $1,000,000 per occurrence (up to
$2,000,000 aggregate).

Vill. DUTIES OF LOCAL EDUCATION AGENCIES

The District acknowledges that by entering into this Agreement it is causing financial
commitments by other parties to occur and, therefore, agrees they will not terminate prior to the
expiration date without the consent of KMHS and any other party to this Agreement that would
suffer financially. In the event of a unilateral termination without consent, the terminating party
agrees to indemnify and pay other parties that have not agreed to bear any financial loss,
resulting from such termination. In order to facilitate this agreement and avail themselves of the
services to be provided by KMHS, the District shall perform the following functions and duties:

1. The District shall pay its share for its slots in Madrona Day Treatment. The expenditure of
these funds shall be the responsibility of KMHS.

2. The District shall make referrals to Madrona Day Treatment no later than May 1, 2025 for
those referred students to be considered for the 2024-2025 school year. Any referral
received after May 1, 2025 will be considered for the 2025-2026 school year. KMHS
reserves the right to determine whether a referral meets criteria for services. If criteria are
not met, a student may be denied placement.

3. The District acknowledges that RCW 28A.155, WAC Section 392-172, 20 U.S.C. § 1400
(IDEA), and this Agreement impose responsibilities on each resident LEA. The District
further acknowledges that these responsibilities are not extinguished by any delegation, in
whole or in part, under this Agreement.

4. Each LEA shall retain the responsibility to:

i. | Provide a free appropriate public education in accordance with the federal individuals
with disabilities education act, Title 20 U.S.C. Sec. 1400 et seq. and this chapter;

ii. | Provide students with special education and related services at no cost to the student's
parents and in conformance with an individualized education program as required by
law, including evaluations and individualized education program team meetings that
meet all applicable requirements; and

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iii. | Provide students with an opportunity to participate in Washington State and school
district assessments.

iv. | Arrange and provide all transportation for its students to and from Madrona Day
Treatment location;

v. Follow its transportation procedures for handling challenges experiences by students,
District staff, or third-party transportation contractors.

vi. | Communicate the District point person for each child at Madrona at the beginning of the
school year and anytime a change occurs.

vii. | Send a representative to all Advisory Committee meetings.

viii. | Attend all IEP meetings for students under Madrona and communicate with the
guardians these student about any changes to their IEP.

ix. | Comply with all provisions as required by RCW 28A.155, WAC Section 392-172, and 20
U.S.C. [Section] 1400 (IDEA); and

x. Incorporate policies required by WAC Section 392-172 and 20 U.S.C./1400 (IDEA).
IX. INDIVIDUALIZED EDUCATION PROGRAMS (IEPs)

KMHS and the District both play an integral role in the implementation and management of
IEPs.

KMHS is responsible for the following:

1. KMHS will review all IEPs sent as part of referral packet.

KMHS will complete a draft of all IEPs two weeks before their due date to ensure the
District has time to review before the scheduled IEP meeting.

3. While at Madrona, IEP related services and deadlines will be managed by the Madrona
Special Education Teacher. Scheduling IEP meetings with parent/guardian and District
representatives is included in IEP services.

4. When a student starts transitioning out of Madrona back to a setting within the District,
an IEP amendment will be created by the Madrona Special Education Teacher to update
the IEP to include the current transition plan, placement information, and educational
minutes. This will be done in collaboration with the District Special Education Director
and the program into which the student will be transitioning

5. KMHS staff will be responsible for completing all IEPs within 30 days after access to the
systems necessary for IEP documentation has been granted.

The District is responsible for the following:

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1. The District must send a copy of current evaluation or re-evaluation, current IEP, and
any other related or relevant documents as part of initial referral to Madrona Day
Treatment

2. Ifan IEP is due within 30 days of a student starting at Madrona, is overdue, or
incomplete, it is the District's responsibility to update or complete the IEP prior to a
student starting at Madrona. The District can work with Madrona educational team to
make sure placement and minutes are properly updated for a Madrona placement, if
placement at Madrona has been approved.

3. If astudent does not currently have an FBA (functional behavioral analysis) or BIP
(behavior intervention plan) in their IEP at the time of referral, Madrona Supervisory
team may request that the District complete this prior to a student starting at
Madrona. These are documents that should already be in place for a student being
referred to a more restrictive setting.

4. The District creates the change of placement amendment and updates the minutes as
part of referral process. All IEP paperwork required at this time needs to be completed
by the District with support from Madrona educational team.

5. The District must grant Madrona Special Education Teacher permission to access and
edit the student’s IEP in the District’s electronic IEP program prior to a student starting
at Madrona. The Madrona Program Supervisor and the KMHS School Program
Administrative Assistant must also be granted access.

6. After each IEP Meeting, it is the District's responsibility to lock the IEP once signatures
are collected. This is the District's acknowledgement that the IEP meets expectations.

7. The District Special Education Director or designee will identify a new IEP case
manager at the District that will manage the IEP when students transition out of
Madrona.

8. Ifa student comes into the District from a different out-of-district placement or different
school district, it is the District's responsibility to make sure the IEP is amended,
updated, and confirmed to be correct by the referring school district standards prior to
Madrona taking over as the IEP manager. If this requires a new IEP to be written, it is
the responsibility of the District to have this finalized. The District can coordinate with
the Madrona Special Education Teacher, but responsibility for the IEP’s completion is
the District’s.

X. MISCELLANEOUS PROVISIONS

KMHS reserve the right to determine that a student is no longer appropriate for Madrona Day
Treatment services. When KMHS makes this determination, it will immediately notify the District
and work collaboratively to put a plan in place for transition. This transition could be immediate
or over the course of several weeks, depending on each situation.

Xl. INDEMNIFICATION/HOLD HARMLESS

Each party shall hold harmless, indemnify and defend the other party, its officers, officials,
employees, volunteers, and agents from and against any and all claims, actions, suits, liability,
loss expenses, damages and judgments of any nature whatsoever including reasonable costs
and attorneys’ fees in defense thereof, for injury, sickness, disability or death to persons or
damage to property or business, caused by or arising out of each party's acts, errors or

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