File: IHBA-R - Private Service Providers for Students with Disabilities File: IHBA-R - Private Service Providers for Students with DisabilitiesThe District, is responsible for identifying eligible special education students and providing a free appropriate public education (FAPE) of instructional and related services as based on the Individual Educational Plan (IEP). These services are provided during the student's school day and as stated in the IEP. Additionally, other private services may be provided under certain circumstances with the written consent of the administrator and parents/guardians.
Parents may desire additional services beyond the scope of the IEP. The District encourages such services to be provided outside of the school day. If parents request that these private services be delivered during the school day the following procedures shall be followed:
1. The provider will follow building use policies. If the private provider is receiving payment for services, he/she will be charged fees for space and equipment usage per the established District facility rental policy.
2. Private providers will describe in writing the nature of services they will perform and submit appropriate licensure or qualifications to perform such services.
3. All private providers must submit proof of appropriate liability insurance of at least $1 million and that they name the District as an additional insured on their policy. The provider will hold the district harmless for any liability for damages to or by the provider as an individual or as an agent for the provider.
4. Parents and providers must authorize permission for a student to be involved in services and waive any responsibility the district might have for providing these services or reimbursing parents or others for such services.
5. Parents and providers must sign a release of district responsibility for any curricular area missed while student is participating in these services.
6. All private services provided within the school, or on school premises, must take place in a time and manner mutually agreed to by parents, private provider and the principal. The practices of the provider cannot be in conflict with the policies of the school district.
Tutors, for the purposes of this policy, are defined as private persons paid from private funds to assist a student outside the regular school day to succeed in regular class activities which are initiated by the student's teacher. Tutors are urged to perform their duties away from the school campus, when possible, but may use school premises as approved by the appropriate building principal. At no time shall a tutor perform his/her duties using school premises for more than 20 hours per month cumulative for all district buildings used and all district students tutored.
Adopted: January 10, 2001
Revised: March 25, 2014
Revised: May 16, 2019
LEGAL REFS: 20 U.S.C. 401 et seq (Individual with Disabilities Education Act P.L. 94-142)
20 U.S.C. 701 et seq (Section 504 of the Rehabilitation Act of 1973)
C.R.S. 22-20-101 through 22-20-114 (Exceptional Children's Education Act)
C.R.S. 22-32-110 (1)(bb)
CROSS REFS: IHBIB, Primary/Preprimary Education
IHBA, Special Education Programs for Students with Disabilities
KF, Community Use of Facilities
KF-R, Community Use of Facilities
KF-E-1, Facilities Use Fee Schedule