U.S.D. 305 BOARD AGENDA District Offices 1511 Gypsum Staff Education Center https://www.usd305.com/about_us/board_of_education/livestream June 23, 2020 5:00 p.m. Speaker I. Call to Order II. Pledge of Allegiance to the Flag III. Approval of Agenda IV. Approval of Consent Agenda Items a. Minutes of June 9, 2020 Regular Meeting b. Minutes of June 16, 2020 Special Meeting c. Personnel Report d. Financial Reports 1. End-of-Year Bills (through 06-17-2020) e. Treasurer’s Report f. Investment Report g. Journal Entries h. Approve CKCIE Contract with Presence Learning i. Approve South High Gift Requests from Booster Clubs V. Public Forum VI. Action Agenda a. Elementary Phonics – Units of Study Tiffany Snyder VII. Discussion Agenda VIII. School Board Reports and Upcoming Dates of Importance a. Wednesday, June 24, Salina Public Entities, Tony’s Pizza Events Center, 1:30 pm IX. Superintendent’s Report X. Information Agenda a. Salina USD 305 Strategic Plan XI. Executive Session a. Negotiations b. Personnel XII. Action Agenda II a. Approval of Any Action Deemed Necessary As A Result of Executive Session Notice of Nondiscrimination Unified School District #305 does not discriminate on the basis of race, color, national origin, sex, age, or disability in admission or access to, or treatment or employment in, its programs and activities and provides equal access to the Boy Scouts and other designated youth groups. Any person having inquiries concerning Unified School District #305 compliance with the regulations implementing Title VI, ADA, Title IX, or Section 504 is directed to contact the Unified School District #305 Executive Director of Human Resources, P.O. Box 797, Salina, Kansas 67402, 785-309-4726. Mission Statement The mission of the Salina Public Schools is to ensure that all students learn the skills necessary to participate successfully in the communities in which they live. Completion of this mission is a responsibility of the student, family, community, teachers, and staff in a cooperative partnership.
Transcript
U.S.D. 305 BOARD AGENDA District Offices 1511 Gypsum
Staff Education Center https://www.usd305.com/about_us/board_of_education/livestream
June 23, 2020 5:00 p.m.
Speaker I. Call to Order
II. Pledge of Allegiance to the Flag
III. Approval of Agenda
IV. Approval of Consent Agenda Items
a. Minutes of June 9, 2020 Regular Meeting b. Minutes of June 16, 2020 Special Meeting c. Personnel Report d. Financial Reports 1. End-of-Year Bills (through 06-17-2020) e. Treasurer’s Report f. Investment Report g. Journal Entries h. Approve CKCIE Contract with Presence Learning i. Approve South High Gift Requests from Booster Clubs
V. Public Forum
VI. Action Agenda a. Elementary Phonics – Units of Study Tiffany Snyder
VII. Discussion Agenda
VIII. School Board Reports and Upcoming Dates of Importance a. Wednesday, June 24, Salina Public Entities, Tony’s Pizza Events Center, 1:30 pm
IX. Superintendent’s Report
X. Information Agenda a. Salina USD 305 Strategic Plan
XI. Executive Session a. Negotiations b. Personnel
XII. Action Agenda II a. Approval of Any Action Deemed Necessary As A Result of Executive Session
Notice of Nondiscrimination
Unified School District #305 does not discriminate on the basis of race, color, national origin, sex, age, or disability in admission or access to, or treatment or employment in, its programs and activities and provides equal access to the Boy Scouts and other designated youth groups. Any person having inquiries concerning Unified School District #305 compliance with the regulations implementing Title VI, ADA, Title IX, or Section 504 is directed to contact the Unified School District #305 Executive Director of Human Resources, P.O. Box 797, Salina, Kansas 67402, 785-309-4726.
Mission Statement The mission of the Salina Public Schools is to ensure that all students learn the skills necessary
to participate successfully in the communities in which they live. Completion of this mission is a
responsibility of the student, family, community, teachers, and staff in a cooperative partnership.
MINUTES OF THE BOARD OF EDUCATION MEETING UNIFIED SCHOOL DISTRICT NO. 305
SALINA, KANSAS June 9, 2020
Call to Order The Board of Education of Unified School District 305 met in regular
session Tuesday, June 9, 2020 at 5:00 p.m., in the District Office, Staff Education Center with the following members present: Mark Bandré, Emma Doherty, Jim Fletcher, Scott Gardner, Gabe Grant, Dana Kossow and Ann Zimmerman. Others present – see page 6.
President Zimmerman called the meeting to order.
Pledge of Allegiance The Pledge of Allegiance was given.
President Zimmerman presented a prepared statement on her personal views regarding racism.
Agenda Motion by Emma Doherty, second by Mark Bandré to approve the agenda
as presented. Motion carried: 7 Yeas, 0 Nays. Consent Agenda Motion by Jim Fletcher, second by Gabe Grant to approve the following
items on the consent agenda: Minutes of the Board of Education Meetings: May 12, 2020 Regular Meeting Personnel Report TRANSFER OF CERTIFIED CONTRACT(S) FOR 2020-2021: Aschenbrenner, Peggy From: Integrated Preschool – Hageman To: Integrated Preschool – Stewart Baird, Rebecca From: Psychologist .9 – Sch/Ell-Saline To: Psychologist 1.0 – Sch/Ell-Saline Daily, Jody From: Kindergarten – Coronado To: Student Support Coach – Schilling Davis-Windler, Julie From: Adaptive – CKCIE/Stewart To: High Incidence – CKCIE/Sunset Ebel, Jennifer From: Literacy Coach – Heusner To: Lead Teacher – Oakdale Falcon, Dorie From: Adaptive – CKCIE/Stewart To: High Incidence – CKCIE/Schilling Parks, Michelle From: Kindergarten – Stewart To: Integrated Pre – CKCIE/Hageman Scheppelmann, Amanda From: High Incidence – CKCIE/Stewart To: High Incidence–CKCIE/Cottonwood Tackett, Amanda From: English Lang Arts – South High To: Speech/Debate – Central APPOINTMENT OF SUPPLEMENTAL CONTRACT(S) FOR 2020-2021: Hair, Michael 08/05/20 Stuco Sponsor .5 – Central TRANSFER OF SUPPLEMENTAL CONTRACT(S) FOR 2020-2021: Anguiano, Joshua From: Football Asst Grade 7 – LMS To: Football Asst – Central Householter, Kim From: Volleyball Asst Grade 8 – SMS To: Volleyball Asst Grade 7 – SMS
Johnson, Michele From: Volleyball Asst Grade 7 – SMS To: Volleyball Asst Grade 8 – SMS RESIGNATION OF SUPPLEMENTAL CONTRACT(S) FOR 2020-2021: Clayton, Eric 05/22/20 Football Asst – Central Dewitt, Thomas 05/22/20 Sophomore Class Sponsor – Central Reed, Howard 05/21/20 Golf Asst Boys – Central RESIGNATION OF ADMINISTRATIVE CONTRACT(S) FOR 2020-2021: Andrews, Geoff 05/29/20 Asst Principal – South Middle RESIGNATION OF CERTIFIED CONTRACT(S) FOR 2020-2021: Dewitt, Thomas 05/22/20 Science – Central Exline, Curtis 05/22/20 Lead Teacher – Oakdale Koch, Barret 05/28/20 Psychmetrician - CKCIE Meneley, Dallas 05/22/20 High Incidence – CKCIE/Abilene Nulik, Chad 05/22/20 Student Support Coach – Schilling Ritter, Corey 05/22/20 Literacy Coach – Meadowlark Simon, Danny 05/22/20 Grade 4 – Sunset Stein, Elane 05/22/20 Mathematics – South Middle Wade, Teresa 05/22/20 High Incidence – CKCIE/Enterprise Elem CLASSIFIED TRANSFER(S) FOR 2020-2021: Acevedo, Amarilis From: Paraeducator – CKCIE/Lakewood To: Bilingual Educator – Lakewood CLASSIFIED RETIREMENT(S) FOR 2020-2021: Graham, Debbie 05/20/20 Paraeducator – CKCIE/Schilling Peterson, Linda 05/21/20 Paraeducator – CKCIE/South Middle CLASSIFIED RESIGNATION(S) FOR 2019-2020: Allen, Lauren 05/21/20 Teacher Asst II – Heartland Balman, Hannah 05/25/20 Preschool Para – CKCIE/Abilene Cahill, Erika 05/18/20 Lunchroom Aide – Coronado Cook, Joan 05/21/20 Paraeducator – CKCIE/Eisenhower Detherage, Elizabeth 05/21/20 Paraeducator – CKCIE/South Middle Demel, Madeline 05/15/20 Paraeducator – CKCIE/Hollyrood Henry, Michelle 05/21/20 Paraeducator – CKCIE/Hageman Herwig, Brooklynne 04/30/20 Paraeducator – CKCIE/Central In, Zulema 05/29/20 Behavior Specialist Asst – Hageman Kaake, Hailee 05/21/20 Paraeducator – CKCIE/Central McBride, Lacey 05/26/20 Instructional Asst II – Sunset Nelson, Glenn 05/21/20 Paraeducator – CKCIE/Lakewood Newell, Lisa 05/15/20 Paraeducator – CKCIE/Sacred Heart Quist, Desirae 05/21/20 Teacher Asst II – Heartland Sharples Stevenson, Melissa 05/21/20 Teacher Asst III – Heartland Tapu-Paredes, Dinah 05/21/20 Paraeducator – CKCIE/Heusner CLASSIFIED TERMINATION(S) FOR 2020-2021: Grunden, Joann 05/22/20 ESL Teacher – SAEC Johnson, Cevon 05/20/20 Night Custodian – Central Financial Reports and Bills List for the month of May Treasurer’s Report (April) Investment Report (April)
Journal Entries (April) Approve Encumbrance Listings (A copy is attached to the permanent
minutes.) Eagle Backup/Restore $ 59,556.75 Intrado SchoolMessenger Renewal $ 24,050.00 Johnson Controls Electronic Entry Service Agreement $ 25,000.00 CDW-G Microsoft Renewal $129,757.55 Sysco Food Services Heartland Food & Supplies $132,000.00 Hiland Dairy Foods Heartland Milk & Dairy $ 25,000.00 Hiland Dairy Foods Food Service Milk & Dairy $290,286.37 Great Minds Eureka Math Consumables $ 67,866.41 JAG-Kansas 2020-21 Program $ 22,000.00 Curriculum Associates I-Ready Software $ 25,532.00 Assurance Partners Insurance Package Renewal $917,347.00 Approval of Central High Water Heater Replacement Bid (A copy is
attached to the permanent minutes.) Bid awarded to Superior Plumbing & Heating Co. in the amount of
$28,202. Approval of Heartland Child Care Partnership Contracts (A copy is
attached to the permanent minutes.) Approval of Mental Health Grant Request In the amount of $279,000; USD 305 portion $93,000. Motion carried: 7 Yeas, 0 Nays. 2020-2021 School Site Councils
The board expressed their appreciation to those who serve on the school Site Councils. Motion by Mark Bandré, second by Emma Doherty to approve the 2020-2021 School Site Councils’ Membership and Meeting Dates as presented. Motion carried: 7 Yeas, 0 Nays.
Set Special Meeting for Board Retreat
Motion by Jim Fletcher, second by Dana Kossow to set a special meeting on Tuesday, June 16, 2020 at the Rolling Hills Zoo Conference Center for a board retreat. Motion carried: 7 Yeas, 0 Nays.
2020-2021 Student Handbooks: Elementary
Motion by Dana Kossow, second by Mark Bandré to approve the 2020-2021 Elementary Student Handbook as presented. Motion carried: 7 Yeas, 0 Nays.
2020-2021 Student Handbooks: Middle School
Motion by Gabe Grant, second by Jim Fletcher to approve the 2020-2021 Middle School Student Handbook as presented. Motion carried: 7 Yeas, 0 Nays.
2020-2021 Student Handbooks: High School
After discussion, motion by Mark Bandré, second by Scott Gardner to approve the 2020-2021 High School Student Handbook as presented. Motion carried: 7 Yeas, 0 Nays.
Summer School After discussion, motion by Jim Fletcher, second by Emma Doherty to
approve the modifications to the 2020 Summer School Program as presented. Motion carried: 7 Yeas, 0 Nays.
Capital Improvement Plan Motion by Gabe Grant, second by Dana Kossow to approve the Capital
Improvement Plan as presented. Motion carried: 7 Yeas, 0 Nays.
Facility Use Through Summer Recess 2020
Kris Upson, executive director of operations, presented the proposal for USD 305 facility use through the summer recess 2020. After discussion, motion by Gabe Grant, second by Jim Fletcher to approve that facility requests shall be limited to USD 305 employee requests and for the exclusive use of USD 305 students until Saline County has reached the phase out order. Exceptions include the natatorium at South High School and the district’s outside facilities. Motion carried: 7 Yeas, 0 Nays.
1-to-1 Technology Kris Upson presented the proposal for the district to move to a more
permanent 1-to-1 configuration for grades K-12 using Chromebooks. After discussion, motion by Jim Fletcher, second by Scott Gardner to approve the 1-to-1 technology proposal as presented. Motion carried: 7 Yeas, 0 Nays.
2020-2021 Chromebook Handbook
Tiffany Snyder, director of assessment, presented the proposed changes to the 2020-2021 Chromebook Handbook. After discussion, motion by Jim Fletcher, second by Emma Doherty to approve the 2020-2021 Chromebook Handbook as presented. Motion carried: 7 Yeas, 0 Nays.
Elementary Phonics – Units of Study
Tiffany Snyder presented the proposal for the adoption of a phonics program for grades K-2. The recommended text is Units of Study – Phonics. Discussion followed.
Baseball/Softball Partnership
Kris Upson, Kenny Hancock and Byron Tomlins presented the revised scope of the baseball/softball partnership proposal as a result of COVID-19. After discussion, motion by Jim Fletcher, second by Scott Gardner to continue to endorse the partnership with Salina Baseball Enterprises in lieu of the changes that have occurred as a result of COVID-19. Motion carried: 7 Yeas. 0 Nays.
School Board Committee Reports
Mark Bandré reported on the following: Salina Education Foundation Parks & Recreation Advisory Board
Dana Kossow reported on the following:
CKCIE Board of Control Salina Education Foundation
Gabe Grant reported on the CKCIE Board of Control. Emma Doherty reported on the SHESC Executive Cabinet meeting. Ann Zimmerman reported on the following:
Webinars on Equity in Schools Salina Peaceful Protest
Superintendent's Report Linn Exline updated the board on the following items:
Rotary of Salina Presentation Meetings w/ Principals and Teachers Kindergarten Round-Ups Equity Statement
Information Agenda a. Salina USD 305 Strategic Plan
b. Heartland Early Education Update Executive Session Negotiations
Motion by Emma Doherty second by Jim Fletcher that the Board of Education go into executive session at 6:55 p.m. for 15 minutes for the purpose of discussing employer/employee negotiations because if this matter were discussed in open session it might jeopardize resolution of the negotiation issues and that the Board of Education reconvene into open session at 7:10 p.m. in the Board Conference Room. Motion carried: 7 Yeas, 0 Nays. Mark Bandré and Scott Gardner left the meeting at 6:55 p.m. Linn Exline; Eryn Wright, executive director of human resources/legal counsel; and Lisa Peters, executive director of business, arrived at 6:55 p.m., per request. Mark Bandré and Scott Gardner returned at 6:56 p.m.
Open Session President Zimmerman declared the board to be in open session at 7:10 p.m. Executive Session Attorney/Client
Motion by Gabe Grant, second by Dana Kossow that the Board of Education go into executive session at 7:10 p.m. for 20 minutes for the purpose of consultation with Board legal counsel to discuss the Schilling Environmental Litigation which is privileged in the attorney/client relationship which if discussed in open session would waive that privilege and that the Board of Education reconvene into open session at 7:30 p.m. in the Board Conference Room. Motion carried: 7 Yeas, 0 Nays. Linn Exline and Eryn Wright arrived at 7:10 p.m., per request.
Open Session President Zimmerman declared the board to be in open session at 7:30 p.m. Executive Session Attorney/Client
Motion by Gabe Grant, second by Dana Kossow that the Board of Education go into executive session at 7:30 p.m. for 8 minutes for the purpose of consultation with Board legal counsel to address issues related to potential litigation which is privileged in the attorney/client relationship which if discussed in open session would waive that privilege and that the Board of Education reconvene into open session at 7:38 p.m. in the Board Conference Room. Motion carried: 7 Yeas, 0 Nays. Linn Exline and Eryn Wright arrived at 7:30 p.m., per request.
Open Session President Zimmerman declared the board to be in open session at 7:38 p.m. Adjournment Motion by Jim Fletcher, second by Emma Doherty to adjourn the meeting.
Motion carried: 7 Yeas, 0 Nays. President Zimmerman declared the meeting adjourned at 7:39 p.m.
Attest: Clerk, Board of Education Unified School District No. 305 Saline County, State of Kansas
Approved Jennifer Bradford-Vernon, Public Information Director Trish Brandré, Reading Coach Dwight Christie, Director of MIS Linn Exline, Superintendent Kenny Hancock, Patron Kelly Heizman, Central High School Assistant Principal Deborah Howard, Clerk Kari Keck, Oakdale Elementary School Teacher/NEA-Salina Mike Lowers, Executive Director of C.K.C.I.E. Tricia McVay, Oakdale Elementary School Teacher Laine Norris, Director of Food & Nutrition Services Heidi Paquin, Director of Staff Development & Accreditation Lisa Peters, Executive Director of Business Shanna Rector, Executive Director of Administrative & Student Support Services Tiffany Snyder, Director of Assessment Byron Tomlins, Patron Kris Upson, Executive Director of Operations Eryn Wright, Executive Director of Human Resources/Legal Services
MINUTES OF THE BOARD OF EDUCATION SPECIAL MEETING UNIFIED SCHOOL DISTRICT NO. 305 SALINA, KANSAS June 16, 2020 Call to Order The Board of Education of Unified School District 305 met in special session
Tuesday, June 16, 2020 at 9:00 a.m., at the Rolling Hills Zoo Conference Center, 625 N. Hedville Road, with the following members present: Mark Bandré, Emma Doherty, Jim Fletcher, Gabe Grant, Dana Kossow, and Ann Zimmerman. Absent was Scott Gardner President Zimmerman called the meeting to order.
Agenda Motion by Gabe Grant, second by Emma Doherty to approve the agenda as presented.
The board and superintendent worked on district and strategic planning.
Adjournment Motion by Gabe Grant, second by Dana Kossow to adjourn the meeting.
Motion carried: 6 Yeas, 0 Nays. President Zimmerman declared the meeting adjourned at 3:22 p.m.
Attest: Clerk, Board of Education Unified School District No. 305 Saline County, State of Kansas Approved Linn Exline, Superintendent Deborah Howard, Clerk Kris Upson, Executive Director of Operations
June 23, 2020 Personnel Report
APPOINTMENT OF ADMINISTRATIVE CONTRACT(s) FOR 2020-2021
Cheeks, Brandon 7/13/2020 Assistant Middle School Principal South Middle School
APPOINTMENT OF CERTIFIED CONTRACT(s) FOR 2020-2021
Cheeks, Ralita 7/27/2020 Behavioral Health School Liaison District Office
TRANSFER OF CERTIFIED CONTRACT(s) FOR 2020-2021
Albers, Anna 8/5/2020 Grade 4 Teacher/Heusner Elementary School Grade 5 Teacher/Heusner Elementary School
Basinger, JaNae 8/5/2020 Grade 5 Teacher/Heusner Elementary School Literacy Coach/Heusner Elementary School
Comeau, Kylene 8/5/2020 Grade 3 Teacher/Sunset Elementary School Literacy Coach/Meadowlark Elementary School
Linnenberger, Meagan 8/5/2020 Grade 4 Teacher/Heusner Elementary School Grade 5 Teacher/Heusner Elementary School
Moyer, Ivanna 8/5/2020 Grade 5 Teacher/Heusner Elementary School Grade 4 Teacher/Heusner Elementary School
O'Donnell, Julie 8/5/2020 Grade 1 Teacher/Meadowlark Elementary School Grade 2 Teacher/Oakdale Elementary School
Walsh, Leigh 8/5/2020 Grade 4 Teacher/Heusner Elementary School Grade 5 Teacher/Heusner Elementary School
Weis, Daryan 8/5/2020 Grade 5 Teacher/Heusner Elementary School Grade 4 Teacher/Heusner Elementary School
TRANSFER OF SUPPLEMENTAL CONTRACT(s) FOR 2020-2021
Lytton, Jeanine 8/17/2020 Assistant Cheer Coach/South High School Head Cheer Coach/South High School
TRANSFER FROM CLASSIFIED TO CERTIFIED CONTRACT(s) FOR 2020-2021
Schlegel, Mattie 8/1/2020 Paraeducator/CKCIE/Abilene High Incidence Teacher/CKCIE/Abilene
Schroeder, Darci 8/1/2020 Paraeducator/CKCIE/Ellsworth Low Incidence Teacher/CKCIE/South Middle School
Shimabuku, Elizabeth 8/1/2020 Paraeducator/CKCIE/Abilene High Incidence Teacher/CKCIE/Abilene
Wellbrock-Talley, Noah 7/31/2020 Instructional Assistant/Oakdale Art Teacher/.5FTE Meadowlark Elementary School /.5FTE Heusner Elementary School
RESIGNATION OF SUPPLEMENTAL CONTRACT(s) FOR 2020-2021
Nulik, Chad 6/2/2020 Assistant Basketball Coach Central High School
Ouderkirk, David 5/21/2020 Soccer Head Boys Central High School
CLASSIFIED APPOINTMENT(s) FOR 2019-2020
Langen, Amy 6/22/2020 Executive Assistant Educational Programs District Office
CLASSIFIED TRANSFER(s) FOR 2019-2020
Faz-Salas, Irving 6/22/2020 Overnight Custodian/Central High School Night Custodian/Central High School
Isaacson, Melanie 6/22/2020 Human Resources Assistant/District Office Human Resources Information Specialist/District Office
Mai, Brenda 5/29/2020 Administrative Assistant II Central High School
Pilgrim, Trinette 6/22/2020 Paraeducator CKCIE/Lakewood Middle School
June 23, 2020 V.-h. Consent Agenda Approve CKCIE Contract with Presence Learning Central Kansas Cooperative in Education (CKCIE) continues to have 4.8 FTE openings
in the speech language pathology department. This spring, CKCIE was able to hire 4.0 FTE but had 1.6 FTE in resignations received at the end of the year.
There continues to be a tremendous shortage of certified speech language pathologists (SLPs) in the state. To compound the shortage within the school setting, SLPs have the ability to work in both the educational and medical environments. Many current graduates in this area have chosen to work in the medical environment due to higher salaries paid.
This has forced the administrative team at CKCIE, for a sixth year, to look for other options to serve students, one being tele-therapy. Tele-therapy occurs when a SLP with a Kansas license is located at a remote site and SLP services are delivered via monitor/webcam. A paraeducator sits with the child during the therapy sessions. During the last several school years, CKCIE utilized this service through the Presence Learning Corporation as a stop-gap measure. The company provided services for 570 students this past school year. CKCIE is pleased with the quality of therapy provided to our students.
For the 2020-2021 school year, it is recommended that CKCIE utilize the Presence Learning Corporation to service a minimum of 450 students.
The estimated cost of contract services is approximately $980,000. Cost per hour is $70. Since CKCIE has been a past customer, the one-time technical set-up fee of $64 per student has been waived. This represents a savings of $16,000.
The total salary/benefits of the 4.8 FTE of SLPs, who CKCIE was unable to replace, is $324,960. This contract is for one school year and will be revisited in April 2021 to see if the services are needed again for the 2021-2022 school year. The goal will be for this to be utilized for one year and then hire replacement SLPs if they are available.
It is recommended that you approve the contract with Presence Learning for the 2020- 2021 school year for a minimum of 450 students as presented.
Service OrderCustomer Name and Contact InformationName: Central Kansas Cooperative In Education (CKCIE) - KSAddress: 409 W CLOUD ST SALINA, KS
Customer Primary Point of ContactName: Mike LowersEmail Address: [email protected]
Customer Secondary Point of ContactName:Email Address:
PresenceLearning Contact InformationName: Sarah FinneyEmail Address: [email protected]
PresenceLearning | 415.512.9000 | presencelearning.com530 Seventh Avenue, Suite 407, New York, NY 10018
Terms and Condition Version 2.15
Service Order
1. Services
Service Student Quantity Price per Service
Hourly SLP Services 450 $70.00
Hourly SLP Supervision 0 $70.00
Hourly OT Services 0 $70.00
Hourly BMH Services 0 $70.00
Annual Student Administrative Fee 450 $0.00
2. SLP Assessments
Service Student Quantity Price per Service
Screening by SLP 0 $56.00
Screening by SLP BI 0 $101.00
Evaluation Coordination and Reporting by SLP 0 $225.00
Evaluation Coordination and Reporting by Bilingual SLP 0 $225.00
Review of Records by SLP 0 $100.00
Additional Assessment Component by SLP 0 $29.00
Articulation Standard Assessment 0 $60.00
Auditory Processing Select Index 0 $74.00
Classroom Observation by SLP 0 $41.00
Early Childhood Language Assessment 0 $90.00
Fluency Standard Assessment 0 $100.00
Language Select Index 0 $41.00
Language Standard Assessment 0 $130.00
Pragmatic Language Standard Assessment 0 $80.00
Phonological Process Analysis Select Index 0 $23.00
PresenceLearning | 415.512.9000 | presencelearning.com530 Seventh Avenue, Suite 407, New York, NY 10018
Terms and Condition Version 2.15
3. OT Assessments
Service Student Quantity Price per Service
Screening by OT 0 $56.00
Evaluation Coordination and Reporting by OT 0 $225.00
Review of Records by OT 0 $100.00
Classroom Observation by OT 0 $41.00
Standard School-Related-ADL Assessment 0 $65.00
Standard Sensory Processing Assessment 0 $65.00
Standard Motor Skills Assessment 0 $75.00
Standard Visual Perception Assessment 0 $65.00
Standard Preschool Assessment 0 $100.00
Additional Assessment Component by OT 0 $29.00
4. BMH Assessments
Service Student Quantity Price per Service
Screening by MHP 0 $115.90
Evaluation Coordination and Reporting by MHP 0 $275.90
Review of Records by MHP 0 $200.90
Rating Scale Assessment 0 $115.90
Classroom Observation by MHP 0 $78.18
Additional Assessment by MHP 0 $206.93
Additional Requested Meetings 0 $100.90
Translation Services 0 $100.90
Document Camera $85.00 (each)
PresenceLearning | 415.512.9000 | presencelearning.com530 Seventh Avenue, Suite 407, New York, NY 10018
Terms and Condition Version 2.15
Service Order
Contracted Students 450
Assessments Commitment 90
Monthly Commitment* $51,975.00 743 hours at $70.00
December Commitment* $34,650.00 495 hours at $70.00
*This is the monthly minimum amount you will be invoiced during the contracted period.
Service Order Term July 1, 2020 through June 30, 2021
PresenceLearning | 415.512.9000 | presencelearning.com530 Seventh Avenue, Suite 407, New York, NY 10018
Terms and Condition Version 2.15
Service Order Form
Except as expressly set forth in this Service Order, the parties agree to be bound by the terms of the Master ServiceAgreement ("Agreement"). To the extent there is any conflict between this Service Order and the Agreement, this ServiceOrder shall govern. The terms of this Service Order are confidential information. The parties have executed this Service Order as of the date of the last signature ("Service Order Effective Date").
PresenceLearning, Inc. Customer
By:
By:
Name:
Name:
Title:
Title:
Date:
Date:
PresenceLearning | 415.512.9000 | presencelearning.com530 Seventh Avenue, Suite 407, New York, NY 10018
Terms and Condition Version 2.15
Master Service Agreement This Master Services Agreement (“Agreement”) entered into as of the date of the last signature (“EffectiveDate”) by and between PresenceLearning, Inc., a Delaware corporation with a place of business located at530 Seventh Ave, Suite 407, New York, NY 10018 (“PresenceLearning”) and the entity named in an ServiceOrder that is receiving the Services (“Customer”). PresenceLearning and Customer agree as follows: 1. Services. This Agreement shall apply each time Customer engages with PresenceLearning for theprovision of services and/or products (“Services”) through a Service Order and/or other mutually agreedupon document. Services will be provided by a licensed clinician (“Clinician”) and includes access toPresenceLearning’s proprietary online therapy platform. All Services, fees, and other obligations will be asset forth in each applicable service order referencing this Agreement (''Service Order”). 2. Platform.
2.1. Access and Use. The Services are provided and delivered through PresenceLearning’sproprietary online therapy platform, which includes evidence-based and user-generated contentlibrary with 100K+ items; user-visible aspects; proprietary software and technology embodied in theplatform; and proprietary self-guided training modules, (collectively, the “Platform”). The Platformenables engagement between Customer’s students and Customer’s support staff (collectively,“Users”) and PresenceLearning’s clinical providers (“Clinicians”). During the Service Order Term,PresenceLearning grants Customer and its Users a limited, non-exclusive, revocable, non-sublicensable, non-transferable, royalty-free, right and license to use and display the Platform.
2.2. Unauthorized Use. Customer may not disclose to or provide access, allow to use, or display thePlatform to any third-party, without express written permission from PresenceLearning. Customershall establish, maintain, and enforce policies and procedures to safeguard and protect the Platform,which are no less rigorous than reasonable standards Customer maintains and protects its ownconfidential information. Customer will be responsible for all acts and omissions of its Users whohave access to the Platform. Customer will notify PresenceLearning immediately of any unauthorizedaccess to or use of the Platform.
2.3. Changes to Platform. PresenceLearning may, at its sole discretion, make any change or updateto the Platform that it deems necessary or useful to (i) maintain or enhance the quality or deliveryof PresenceLearning’s products or services to its customers, (ii) for the efficiency or performance ofPlatform, or (iii) to comply with applicable law. 2.4. Safeguard. Customer will not, nor permit or encourage its Users or any third-party to, directlyor indirectly (i) reverse engineer, decompile, disassemble or otherwise attempt to discover or derivethe source code, object code or underlying structure, ideas, know-how or algorithms relevant to thePlatform or any software, documentation or data related to the Platform; (ii) modify, translate, orcreate derivative works based on the Platform; (iii) use Platform in any manner to assist or take partin the development, marketing or sale of a product potentially competitive with such Platform. For theavoidance of doubt, all aspects of Platform are the Confidential Information of PresenceLearning,and Customer will comply with Section 5.
2.5. Ownership. PresenceLearning will have and retain sole and exclusive ownership of, and all right,title and interest in the Platform.
PresenceLearning | 415.512.9000 | presencelearning.com530 Seventh Avenue, Suite 407, New York, NY 10018
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3. Fees and Payment Terms.
3.1. Fees; Payment. PresenceLearning shall invoice Customer for the services and Customer shallpay all undisputed amounts due within thirty (30) days of the invoice date. Outstanding balancesshall accrue interest at a rate equal to the lesser of one and one-half percent (1.5%) per month or themaximum rate permitted by applicable law, from due date until date paid, plus PresenceLearning’sreasonable costs of collection. 3.2. Clinical Services. The Service Order will list the clinical discipline of the services Customerpurchases (“Clinical Services”) referenced as SLP Services, SLP Supervision, OT Services, OTSupervision, BMH Services. These Clinical Services may be purchased as an Hourly Service orAnnual Service. 3.3. Hourly Service Fee. If applicable, the Service Order may specify an Hourly Service Fee, for aparticular discipline (SLP, OT, BMH) which is based on a per hour, per Clinician pricing. 3.4. Annual Service Fee. If applicable, the Service Order may specify an Annual Service Fee, for aparticular discipline (SLP, OT, BMH) which is based on the student group size and therapy hours(the assumptions will be listed). If Customer makes any changes, PresenceLearning may make apricing adjustment to the Annual Service Fee. 3.5. Student Administrative Fee. If applicable, the Service Order may specify Student AdministrativeFee which will be billed in the first invoice of the Service Order Term and any Renewal Term on aper student, per service basis. At any time during the Service Order Term, if students are added toreceive a Service, Customer will be billed Student Administrative Fee for those students during themonth the services start. 3.6. Monthly Commitment. If applicable, the Service Order may specify a minimum dollarpayment due each month during the Service Order Term (“Monthly Commitment”), excluding anyPsychoeducational Assessment minimums. A Monthly Commitment fee will not be charged for (i)the month in which Services begin, or (ii) the last month of Services. If Customer’s fees are lessthan the Monthly commitment, Customer will be billed the difference on a quarterly basis. For themonth(s) exempt from a Monthly Commitment, Customers shall pay the total fees incurred for themonth. 3.7. Assessments Commitment. If applicable, the Service Order may specify the minimum numberof assessments (excluding Psychoeducational Assessments) for which payment is due at the endof the Service Order Term. Screenings, review of records, and evaluations may count towards thisAssessment Commitment. At the end of the Service Order Term, PresenceLearning will reconcilethe Assessment Commitment with actual Assessments given, and Customer will be invoiced for thedifference if the Assessment Commitment was not met. 3.8. Psychoeducational Assessments Commitment. If applicable, the Service Order may specifya minimum fee for psychoeducational assessments for which payment is due at the end of theService Order Term. At the end of the Service Order Term, PresenceLearning will reconcile thePsychoeducational Assessment Commitment fee with actual Psychoeducational Assessment
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fees billed, and Customer will be invoiced for the difference if the Psychoeducational AssessmentCommitment fee was not met. 3.9. Unplanned Student Absence Fee. If Customer cancels a session with less than 24 hoursadvance notice or the session does not occur due to a student absence (“Unplanned StudentAbsence”), Customer agrees to pay PresenceLearning the applicable Rate for the duration of thescheduled session. If Customer has agreed to be billed for a minimum number of hours in a period,e.g., one week, the duration of the session shall be applied toward such minimum for the period inwhich the session was scheduled to occur. 3.10. Contracted Students. If applicable, the Service Order may specify the number of students forwhom Customer has purchased Services. 3.11. Disputes. Customer may dispute an invoice no later than twenty (20) calendar days from thedate of the invoice. The parties will work together in good faith to resolve any disputes as soon aspossible. Upon resolution, Customer shall remit the amount owed within ten (10) calendar days.
4. PresenceLearning Materials. PresenceLearning owns all rights, title, and interest, including patentrights, copyrights, trade secret rights, and all other intellectual property rights of any nature relating to theproducts, materials, Services, designs, know-how, data, software, graphic art, and similar works authored,created, contributed to, made, conceived or reduced to practice, in whole or part, by PresenceLearningor its agents or affiliates, which arise out of the performance of Services, except with regard to materialsand intellectual property for which PresenceLearning has a license to use, display, host and administer inproviding Services. Customer agrees to maintain (and not supplement, remove, or modify) all copyright,trademark, or other proprietary notices on any materials utilized in providing the Services. During theService Order Term, PresenceLearning grants Customer a non-exclusive, limited license, to reproduce anddistribute the materials solely to assist in the provision of Services. 5. Confidentiality.
5.1. Except as otherwise provided in this Agreement, each party will be maintain the other party’sConfidential Information (as defined below) in strict confidence, will use the other party’s ConfidentialInformation only for purposes of this Agreement, and will not disclose the other party’s ConfidentialInformation without the other party’s prior written consent, provided that the receiving party maydisclose the disclosing party’s Confidential Information to the receiving party’s or its affiliates’personnel and contractors who need to know such Confidential Information and who are bound byconfidentiality obligations at least as restrictive as those in this Agreement. If there is a breach ofthis Section 5, the disclosing party may suffer irreparable harm and will therefore be entitled to obtaininjunctive relief in addition to any other available rights and remedies.
5.2. “Confidential Information” means the terms of this Agreement and all information, materials, ortechnology provided by a party to the other party that is marked as “Confidential” or “Proprietary,”or that, under the circumstances taken as a whole, would be reasonably deemed to be confidential. “Confidential Information” does not include information which (i) is or becomes generally availableto the public other than as a result of the breach of this Agreement by the receiving party, (ii) isindependently developed by the receiving party, (iii) was rightfully within the receiving party’spossession prior to disclosure by the disclosing party, (iv) is received from a third party which wasnot bound by a confidentiality obligation with respect to such information, or (v) is legally required to
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be disclosed, provided that the receiving party will notify the disclosing party before disclosing theConfidential Information.
6. Data and Privacy.6.1. Customer Data. Customer retains all rights, in and to all data, files, information, provided byCustomer or User to PresenceLearning.
6.2. State Privacy Laws. PresenceLearning is, and at all times has been, in material compliance willall applicable state laws, rules, and regulations relating to privacy, data protection and the collectionand use of personal information collected, used and held for use by the PresenceLearning.
6.3. FERPA. In providing Services or performance under this Agreement, PresenceLearning mayhave access to education records (“FERPA Records”) that are defined in and subject to the FamilyEducational Rights and Privacy Act, 20 U.S.C. 1232g, et seq. and related regulations (“FERPA”). To the extent that PresenceLearning has access to FERPA Records, PresenceLearning is deemeda “school official” and may use FERPA Records solely for the specific “legitimate educationalpurposes” as defined under FERPA.
6.3.1. PresenceLearning represents, warrants, and agrees that PresenceLearning will:(1) hold FERPA Records in strict confidence and will not use or disclose FERPA Recordswithout the prior written consent of the appropriate parent or eligible student, except as (a)permitted or required by this Agreement, (b) required by law, or (c) otherwise authorized byCustomer in writing; (2) safeguard FERPA Records according to commercially reasonableadministrative, physical and technical standards that are no less rigorous than the standardsby which PresenceLearning protects its own confidential information; and (3) continuallymonitor its operations and take any action necessary to assure that FERPA Records aresafeguarded in accordance with the terms of this Agreement. PresenceLearning policy maybe accessed on https://www.presencelearning.com/about/ferpa/. 6.3.2. If any person(s) seeks access to any FERPA Records, PresenceLearning willimmediately inform Customer of such request in writing. PresenceLearning shall not discloseany FERPA Records without the prior written authorization of an authorized representative ofCustomer; if the request for access is pursuant to a court order or lawfully issued subpoena,PresenceLearning shall immediately provide Customer with a copy of such court order orsubpoena, and must comply with FERPA notification requirements to the parents and/oreligible students.
6.3.3. If PresenceLearning experiences a security breach concerning any FERPA Record,PresenceLearning will notify Customer in a timely manner and take immediate steps to limitand mitigate such security breach as reasonably as possible. 6.3.4. Upon expiration or termination of this Agreement, PresenceLearning shall returnand/or destroy all FERPA Records received pursuant to this Agreement as directed byCustomer, provided that PresenceLearning shall not be required to destroy copies of anycomputer records or files containing the FERPA Records which have been created pursuantto automatic archiving or back-up procedures and which cannot reasonably be deleted.
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6.4. HIPAA. Student records that are disclosed to PresenceLearning by Customer and maintainedwithin Platform are by definition “education records” under FERPA and not “protected healthinformation” under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Becausestudent health information in education records is protected by FERPA, the HIPAA Privacy Ruleexcludes such information from its coverage. See the exception paragraph (2)(i) in the definitionof “protected health information” in the HIPAA Privacy Rule at 45 CFR § 160.103. See, also, JointGuidance on the Application of the Family Educational Rights and Privacy Act (FERPA) and theHealth Insurance Portability and Accountability Act of 1996 (HIPAA) to Student Health Records,USED and U.S. Department of Health and Human Services (November 2008)
7. Clinicians.7.1. Credentials and Clearances. For each Clinician PresenceLearning assigned to Customer,PresenceLearning has collected and verified clinicians’ credentials in accordance with the state lawof Customer’s state, including state clinician license. If Customer requires additional certificationsuch as Board of Education certifications, then Customer must inform PresenceLearning and provideall necessary information or instructions in a timely manner. 7.2. Background Checks. PresenceLearning conducts background checks, which include criminalbackground checks and Registered Sex Offender registry checks, on all its employees andClinicians, and PresenceLearning refreshes such checks on the Clinicians on a yearly basis. IfCustomer requires additional clearances such as FBI Fingerprinting by the school district, Customerwill provide all necessary information or instructions in a timely manner to allow PresenceLearning toconvey instructions to Clinicians.
8. Indemnification.8.1. Indemnification by Customer. Unless prohibited by law, Customer shall indemnify and holdPresenceLearning harmless against any and all claims, demands, damages, liabilities and costs(including attorney’s fees) incurred by PresenceLearning which result from, or arise in connectionwith, any breach of Customer’s obligations or representations under this Agreement and/or negligentact or omission or willful misconduct of Customer, its agents, or employees, pertaining to its activitiesand obligations under this Agreement. 8.2. Indemnification by PresenceLearning. PresenceLearning shall indemnify and hold Customer,harmless against any and all claims, demands, damages, liabilities and costs (including attorney’sfees) incurred by Customer which directly or indirectly result from, or arise in connection with, anynegligent act or omission or willful misconduct of PresenceLearning, its agents, or employees,pertaining to its activities and obligations under this Agreement. 8.3. Conditions of Indemnification. The obligations set forth in Sections 8.1 and 8.2 are conditionedupon: (a) prompt written notice by the indemnified party to the indemnifying party of any claim, actionor demand for which indemnity is claimed; (b) complete control of the defense and settlement thereofby the indemnifying party, provided that no settlement of an indemnified claim shall be made withoutthe consent of the indemnified party, such consent not to be unreasonably withheld or delayed;and (c) reasonable cooperation by the indemnified party in the defense as the indemnifying partymay request. The indemnified party shall have the right to participate in the defense against theindemnified claims with counsel of its choice at its own expense.
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9. Limitation of Liability. In no event will PresenceLearning be liable for any incidental damages,consequential damages, or any lost profits arising from or relating to this Agreement or to the Services,whether in contract or tort or otherwise, even if PresenceLearning knew or should have known of thepossibility of such damages. PresenceLearning’s cumulative liability relating to this Agreement will notexceed the actual fees paid by Customer to PresenceLearning during the school year for three (3) monthsimmediately preceding the date on which a claim is made; provided that such amount shall under nocircumstances exceed $10,000. Customer acknowledges that this Agreement reflects an adequate andacceptable allocation of risk and that in the absence of the foregoing limitations PresenceLearning would notenter into this Agreement. 10. Non-Solicitation. Customer shall not, during the Term of this Agreement and for one (1) year thereafter,directly or indirectly solicit, induce, or attempt to induce any PresenceLearning employee or its clinicianswithout PresenceLearning’s prior written consent. Customer should contact the PresenceLearning accountmanager with any inquiries concerning the aforementioned. 11. Term and Termination.
11.1. Term. This Agreement shall be in effect from the date of the last signature until terminated byeither party with forty-five (45) days prior written notice.11.2. Service Order Term. Each Service Order will specify a term for which services begin and end.
11.3. Termination for breach. PresenceLearning may, without prejudice to any other remediesavailable to it by law, terminate this Agreement immediately if Customer commits a material breachof this Agreement, and the breach is not cured within fifteen (15) days after receipt of written noticeof the breach. 11.4. Effects of Termination. Upon the expiration or termination of this Agreement for any reason, allamounts owed to PresenceLearning under this Agreement, which accrued before such termination,or expiration will be immediately due and payable.
12. Disclaimer of Warranties. Except as otherwise set out herein, the Services are provided “as is” withoutany warranty and, except as provided herein, PresenceLearning expressly disclaims any and all warranties,express, implied, or statutory, including warranties of title, non-infringement, merchantability, and fitness fora particular purpose. 13. Student Benchmarking Data. If Customer collects benchmarking data at the individual or schoollevel in relation to Services provided by PresenceLearning, Customer will provide PresenceLearning acopy of such benchmarking data. To the extent not prohibited by Section 6 of this Agreement or applicablelaw, PresenceLearning may store indefinitely, use and publish deidentified benchmarking data. 14. Customer Representations and Warranties.
14.1. Customer hereby represents and warrants to PresenceLearning that the undersigned has theright, power, and authority to enter into this Agreement on behalf of Customer.
14.2. Customer hereby represents and warrants that, prior to receiving Services, it will providePresenceLearning with the conditions described in the Environment, Equipment and SupervisionSpecifications, available at https://www.presencelearning.com/tc/eq-spec, and other conditions as
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set forth by PresenceLearning. Any delay in Customer’s ability to provide the specified conditions willdelay the ability for PresenceLearning to provide the Services.
14.3. Customer hereby represents and warrants that it will comply with any applicable lawconcerning Services, including but not limited to obtaining informed parental consents whererequired.
14.4. Customer represents that it has verified the accuracy, completeness and appropriateness ofall Students’ medical, educational, demographic, disciplinary, and therapeutic-related information(“Records”) prior to Customer’s providing PresenceLearning with access to such Records. Customeracknowledges and agrees that the professional duty to educate, supervise and treat the Studentslies solely with Customer, and that the provision of Services in no way replaces or substitutes for theprofessional judgment of Customer.
14.5. Customer acknowledges that PresenceLearning is not a healthcare provider, and that it cannotand does not independently review or verify the medical accuracy or completeness of Records madeavailable to it pursuant to this Agreement.
15. PresenceLearning Representations and Warranties. PresenceLearning represents and warrantsto Customer as follows the undersigned has the right, power and authority to enter into this Agreement onbehalf of PresenceLearning. 16. Research; Promotional Materials. The parties agree that mutual consent is required for publicationor distribution of any research and/or case studies mentioning either party. However, Customer grants toPresenceLearning the limited right to use Customer’s name, logo and/or other marks for the sole purpose oflisting Customer as a user of the applicable Service in PresenceLearning promotional materials. Customercan revoke this grant at any time with fifteen (15) days written request. 17. Independent Contractor. The parties are independent contractors, and no agency, partnership,franchise, joint venture, or employment relationship is intended or created by this Agreement. Neither partyshall be deemed to be an employee or legal representative of the other nor shall either party have any rightor authority to create any obligation on behalf of the other party. 18. Arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof,shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordancewith its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may beentered in any court having jurisdiction thereof. The arbitration proceedings shall be confidential andconducted in the English language before a single neutral arbitrator to be selected by AAA. The place ofarbitration shall be State the Customer is located. 19. Governing Law. This Agreement will be governed by the laws of the State the Customer is located. 20. Miscellaneous. The waiver of a breach of any term hereof will in no way be construed as a waiverof any other term or breach hereof. If any provision of this Agreement is held by a court of competentjurisdiction to be unenforceable, the remaining provisions of this Agreement will remain in full force andeffect. The headings in this Agreement do not affect its interpretation.
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21. Assignment. PresenceLearning’s rights and obligations under this Agreement will bind and inure to thebenefit of its successors and assigns. 22. Survival. The parties obligations under Sections 2.4, 2.5, 9, 10, 16, and 18 will survive any expiration ortermination of this Agreement. 23. Force Majeure. Neither party shall be liable for failing or delaying performance of its obligations (exceptfor the payment of money) resulting from any condition beyond its reasonable control, including but notlimited to, governmental action, acts of terrorism, earthquake, fire, flood, epidemics, pandemics, or otheracts of God, labor conditions, power failure, and Internet disturbances. 24. Notices. All notices relating to this Agreement must be in writing, sent by postage prepaid first-classmail, courier service, or via email: To PresenceLearning, Inc., 530 Seventh Ave, Suite 407, New York, NY10018, Attn: Legal Department or via email at [email protected]. To Customer: Notices will besent to the address provided to PresenceLearning, or by other legally acceptable means. 25. Counterparts; Electronic Signatures. This Agreement may be executed in one or more counterparts,each of which shall be deemed to be an original but all of which together shall constitute one and the sameinstrument and shall become effective when one or more counterparts have been signed by each of theparties and delivered to the other party. A facsimile, PDF or other electronic signature of this Agreementshall be valid and have the same force and effect as a manually signed original. 26. Entire Agreement. This Agreement along with any corresponding Service Orders constitutes theentire agreement between the parties regarding the Services and supersedes all prior or contemporaneousagreements and understandings between the parties relating to the Services. This Agreement may only beamended by the mutual written consent of the parties. IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.
PresenceLearning, Inc. Customer
By:
By:
Name:
Name:
Title:
Title:
Date:
Date:
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State of Kansas Department of Administration DA-146a (Rev. 06-12)
CONTRACTUAL PROVISIONS ATTACHMENT Important: This form contains mandatory contract provisions and must be attached to or incorporated in all copies of any contractual agreement. If it
is attached to the vendor/contractor's standard contract form, then that form must be altered to contain the following provision: "The Provisions found in Contractual Provisions Attachment (Form DA-146a, Rev. 06-12), which is attached hereto, are hereby
incorporated in this contract and made a part thereof." The parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part thereof,
said contract being the _____ day of ____________________, 20_____. 1. Terms Herein Controlling Provisions: It is expressly agreed that the terms of each and every provision in this attachment shall prevail and
control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated. Any terms that conflict or could be interpreted to conflict with this attachment are nullified.
2. Kansas Law and Venue: This contract shall be subject to, governed by, and construed according to the laws of the State of Kansas, and
jurisdiction and venue of any suit in connection with this contract shall reside only in courts located in the State of Kansas. 3. Termination Due To Lack Of Funding Appropriation: If, in the judgment of the Director of Accounts and Reports, Department of Administration,
sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, State may terminate this agreement at the end of its current fiscal year. State agrees to give written notice of termination to contractor at least 30 days prior to the end of its current fiscal year, and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this contract, except that such notice shall not be required prior to 90 days before the end of such fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any equipment provided State under the contract. State will pay to the contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by State, title to any such equipment shall revert to contractor at the end of the State's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the agency or the contractor.
4. Disclaimer Of Liability: No provision of this contract will be given effect that attempts to require the State of Kansas or its agencies to defend,
hold harmless, or indemnify any contractor or third party for any acts or omissions. The liability of the State of Kansas is defined under the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.).
5. Anti-Discrimination Clause: The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the
Kansas Age Discrimination in Employment Act (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) (ADA) and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission or access to, or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out at K.S.A. 44-1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration; (f) if it is determined that the contractor has violated applicable provisions of ADA, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration.
Contractor agrees to comply with all applicable state and federal anti-discrimination laws. The provisions of this paragraph number 5 (with the exception of those provisions relating to the ADA) are not applicable to a contractor who
employs fewer than four employees during the term of such contract or whose contracts with the contracting State agency cumulatively total $5,000 or less during the fiscal year of such agency.
6. Acceptance Of Contract: This contract shall not be considered accepted, approved or otherwise effective until the statutorily required approvals
and certifications have been given. 7. Arbitration, Damages, Warranties: Notwithstanding any language to the contrary, no interpretation of this contract shall find that the State or its
agencies have agreed to binding arbitration, or the payment of damages or penalties. Further, the State of Kansas and its agencies do not agree to pay attorney fees, costs, or late payment charges beyond those available under the Kansas Prompt Payment Act (K.S.A. 75-6403), and no provision will be given effect that attempts to exclude, modify, disclaim or otherwise attempt to limit any damages available to the State of Kansas or its agencies at law, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
8. Representative's Authority To Contract: By signing this contract, the representative of the contractor thereby represents that such person is duly
authorized by the contractor to execute this contract on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof.
9. Responsibility For Taxes: The State of Kansas and its agencies shall not be responsible for, nor indemnify a contractor for, any federal, state or
local taxes which may be imposed or levied upon the subject matter of this contract. 10. Insurance: The State of Kansas and its agencies shall not be required to purchase any insurance against loss or damage to property or any other
subject matter relating to this contract, nor shall this contract require them to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.), the contractor shall bear the risk of any loss or damage to any property in which the contractor holds title.
11. Information: No provision of this contract shall be construed as limiting the Legislative Division of Post Audit from having access to
information pursuant to K.S.A. 46-1101 et seq. 12. The Eleventh Amendment: "The Eleventh Amendment is an inherent and incumbent protection with the State of Kansas and need not be
reserved, but prudence requires the State to reiterate that nothing related to this contract shall be deemed a waiver of the Eleventh Amendment." 13. Campaign Contributions / Lobbying: Funds provided through a grant award or contract shall not be given or received in exchange for the
making of a campaign contribution. No part of the funds provided through this contract shall be used to influence or attempt to influence an officer or employee of any State of Kansas agency or a member of the Legislature regarding any pending legislation or the awarding, extension, continuation, renewal, amendment or modification of any government contract, grant, loan, or cooperative agreement.
V.-i. Consent Agenda Approve South High Gift Requests from Booster Clubs
On May 14, 2019, the request from South High School for an out-of-state field trip and fundraisers for band and orchestra students to participate in the Disney Magic Music Days at Walt Disney World in Orlando, Florida was approved. The trip was scheduled for March 20 through March 23, 2020. As a result of COVID-19, the field trip was cancelled. In order to provide the appropriate refunds to the students, South High requests permission to accept the gifts of $9,609 (minus any travel agency fees) from the Orchestra Booster and $12,800 (minus any travel agency fees) from the Band Booster. It is recommended that you approve the gifts from the South High Orchestra Booster and the South High Band Booster as presented.
V. PUBLIC FORUM
VI. ACTION AGENDA A. Elementary Phonics – Units of Study
At the June 9, 2020 meeting, the elementary phonics adoption was discussed. The proposed materials include Units of Study from Heinemann in the amount of $50,975.03 and We Read Phonics in the amount of $10,898.16 from Treasure Bay. It is recommend that you approve the adoption and purchase of textbooks and instructional resources for Units of Study – Phonics as presented. In November 2019, the Kansas State Board of Education unanimously approved recommendations on dyslexia. Under the recommendations, the State Board requires each accredited school district to utilize structured literacy as the explicit and evidence-based approach to teaching literacy skills to all students and promote early intervention for students with characteristics of dyslexia. Phonics is a component of structured literacy.
Due to the new policy from the state department, along with information acquired during listening sessions from USD 305 elementary teachers, it is recommended that USD 305 adopts a phonics program for grades K-2. As part of the textbook selection process, all district teachers in grades K-2 were given the opportunity to review phonics materials and to vote on the selection. The recommended text is Units of Study – Phonics and will be made available in the educational programs’ office for review.
VII. DISCUSSION AGENDA
VIII. SCHOOL BOARD REPORTS AND UPCOMING DATES OF IMPORTANCE
A. Wednesday, June 24, Salina Public Entities, Tony’s Pizza Events Center, 1:30 pm
IX. SUPERINTENDENT’S REPORT
X. INFORMATION AGENDA
A. Salina USD 305 Strategic Plan
STUDENT SUCCESS CONTINUOUS IMPROVEMENT COMMUNITY ENGAGEMENT
Salina USD 305 Strategic Plan Adopted by the Salina USD 305 Board of Education June, 2010
Our Mission The mission of the Salina Public Schools is to ensure that all students learn the skills
necessary to participate successfully in the communities in which they live. Completion of this mission is a responsibility of the student, family, community, teachers, and staff in a cooperative partnership. Our Vision Meeting the needs of each student in a culture of excellence.
Strategic Goal 1 – STUDENT SUCCESS Provide in a safe and healthy environment a comprehensive curriculum that leads to each student’s academic
achievement and personal growth.
Objective 1 – Academic Achievement Target 1 – Students will attain critical academic benchmarks. Indicator 1 – Graduation Rate Desired Trend 1 – All students will graduate from high school ready to enter the workforce or an institution of higher learning. Indicator 2 – Reading on Grade Level Desired Trend 1 – All students will achieve targeted growth in reading. Indicator 3 – Technology Literacy Desired Trend 1 – All students will demonstrate technology literacy by the end of eighth grade. Indicator 4 – Algebra I Completed Desired Trend 1 – The number of students who complete Algebra I by the end of ninth grade will increase. Indicator 5 – Performance on Academic Assessments Desired Trend 1 – The percent of students who move up one quartile each year will increase. Desired Trend 2 – The average score on the ACT will increase. Target 2 – The district will offer a comprehensive curriculum at all levels. Indicator 1 –Access to Curricular Offerings Desired Trend 1 – Course offerings will be maintained and increased as necessary to address diverse student needs. Desired Trend 2 – The number of students participating in electives and enrichment courses will increase. Desired Trend 3 – The number of secondary students enrolled in advanced and Advanced Placement courses will increase.
Objective 2 – Safe and Healthy Environment and Personal Growth Target 1 – Students will make healthy choices. Indicator 1 – Physical Fitness Desired Trend 1 – The percent of students who are physically fit will increase. Indicator 2 – Teen Pregnancy Desired Trend 1 – The percent of expectant and parenting teens who complete their high school diploma will increase. Indicator 3 – Drug and Alcohol Use Desired Trend 1 – The percent of students involved in drug and alcohol abuse will decrease. Target 2 – Students will demonstrate positive relationships. Indicator 1 – Citizenship Desired Trend 1 – The number of students involved in school and community service will increase. Indicator 2 – Prevention and Intervention for Behaviors Desired Trend 1 – The number of office referrals will decrease. Target 3 – Facilities will be developed and maintained to support a safe and healthy environment for students and staff. Indicator 1 – Comprehensive Facilities Plan Desired Trend 1 – The overall condition of existing district facilities will improve. Desired Trend 2 – Expansion and modifications necessary to adequately address educational program delivery needs will be completed. Desired Trend 3 – The district and all district schools will develop emergency operations plans and crisis teams and will practice emergency drills monthly.
STUDENT SUCCESS CONTINUOUS IMPROVEMENT COMMUNITY ENGAGEMENT
Strategic Goal 2 – CONTINUOUS IMPROVEMENT Develop an organization committed to continuous improvement through innovation and best practice.
Objective 1 – Continuous improvement through innovation and best practice.
Target 1 – Instructional staff will use district- supported, research-proven best practices. Indicator 1 – Higher-Order Thinking Desired Trend 1 – Classroom instruction will incorporate increased usage of higher-order thinking skills and processes. Indicator 2 – Engaged Learning Desired Trend 1 – Student engagement in the learning process will increase through problem-solving and collaboration. Indicator 3 – Authenticity Desired Trend 1 – Classroom instruction will incorporate increased levels of purpose and relevance and connect students to the real world. Indicator 4 – Relationships Desired Trend 1 – All staff will increase the development and maintenance of supportive relationships with students. Indicator 5 – Technology Use Desired Trend 1 – Instructional staff will increase use of technology and levels of innovation.
Target 2 – Leadership services and structures will advance achievement of the USD 305 vision. Indicator 1 – Vision and Innovation Desired Trend 1 – The board of education and administration will maintain a strategic planning process and updated strategic plan. Desired Trend 2 – The board of education will commit resources necessary to achieve the action plans. Indicator 2 – Engaging Staff Desired Trend 1 – Building administration will engage staff to develop school improvement plans that align with the strategic plan. Desired Trend 2 – Administrators will develop the structure that encourages the implementa- tion of ideas that advance the goals of the strategic plan. Target 3 – Support services will advance achieve- ment of the USD 305 vision. Indicator 1 – Effective Performance Desired Trend 1 – Support staff will exhibit high standards of efficiency and effectiveness in performance of job responsibilities.
Strategic Goal 3 – COMMUNITY ENGAGEMENT
Engage families, businesses and the larger community actively at all levels of the organization.
Target 1 – The district will expand partnerships with families, businesses and organizations. Indicator 1 – Partnerships between Families and School Desired Trend 1 – The number of families who feel welcome and connected to the school environment will increase. Indicator 2 – Partnerships between School and Businesses/Organizations Desired Trend 1 – External organizations providing before- and after-school and summer opportunities for students will increase. Desired Trend 2 – The number of volunteers in the classroom will increase. Desired Trend 3 – The number of partnerships with local business and industry to assist with CTE development will increase.
Target 1 – The district will improve and increase opportunities for participation, input and feedback at all levels. Indicator 1 – Parent and Community Engagement Desired Trend 1 – Opportunities will expand for parents, families and community to participate in dialogue and decision-making regarding individual school and district issues. Desired Trend 2 – The number of community members participating in individual school and district decision-making opportunities will increase.
EXECUTIVE SESSION District Office June 23, 2020
NEGOTIATIONS I move that the Board of Education go into executive session at _________ for ____ minutes for the purpose of discussing employer/employee negotiations because if this matter were discussed in open session it might jeopardize resolution of the negotiation issues and that the Board of Education reconvene into open session at _________ in the Board Conference Room.
PERSONNEL I move that the Board of Education go into executive session at _________ for ____ minutes for the purpose of discussing personnel matters of non-elected personnel and their contractual obligations because if this matter were discussed in open session it might invade the privacy of those discussed and that the Board of Education reconvene into open session at _________ in the Board Conference Room.
XII. ACTION AGENDA II
A. Approval of any Action Deemed Necessary As A Result of Executive Session
