Agenda Item
a. Approval of Agreement with Easterseals North Georgia (ESNG)
Summary: Presented by: Ms. Stacy Stepney, Chief Academic Officer, Division of Curriculum & Instruction
Request: It is requested that the Board of Education approve the agreement between EasterSeals North Georgia and the DeKalb County School District (DCSD) in the amount of $696,874.
Why: This contract agreement defines the respective responsibilities and understandings of the Easterseals North Georgia (ESNG- Head Start) and the DeKalb County School District (collectively referred to as the “Cooperating Agencies”) concerning certain children residing in the school district and served by the ESNG. The Cooperating Agencies are jointly responsible for the provision of appropriate services to children with disabilities beginning at age three, as mandated by Public Law 99-457 and the Individuals with Disabilities Education Act (IDEA). In compliance with the federal guidelines of the funding agency known as the U.S. Department of Health and Human Services (HHS), the Cooperating Agencies shall provide age-appropriate services to these children through a collaborative effort as specified in the contract agreement.
Details: DCSD has maintained a cooperative agreement with Head Start for fifteen (15) years. The District currently provides eight (8) fully certified special education teachers to Head Start to serve up to forty-two (42) students with disabilities in preschool, co-taught classrooms with typical peers. Students are placed in these settings based on their Individualized Education Program (IEP) needs. They are placed as close to their home school as possible. DCSD is currently seeking to enter into an agreement with ESNG to continue inclusive services until June 30, 2023.
Financial impact: The total cost of teachers’ salaries and benefits for this agreement for the 2022-2023 school year is $696,874. This total is allocated through Preschool Disability Services State Grant in the following charge code:
201.38.06.00.126201.734.2620.
Contact: Ms. Stacy Stepney, Chief Academic Officer, Curriculum & Instruction, Division of Curriculum and Instruction, 678.676.0731
Ms. Michele Summerlin, Executive Director, Exceptional Education Department, Division of Curriculum and Instruction, 678.676.2163
Effective: Upon Board approval
Status: Reviewed by General Counsel
DocuSign Envelope ID: DE14BBCB-6F26-44E1-9C25-E774B67912CD
AGREEMENT
Between
DeKalb County School District
and
Easter Seals North Georgia, Inc.
2022-2023 SY
This Agreement (“Agreement”) is made by and between DeKalb County School District, a
political subdivision of the State of Georgia under the management and control of the DeKalb
County Board of Education, (“DCSD”) and Easter Seals North Georgia, Inc., a non-profit
corporation organized and existing under the laws of the State of Georgia, (“ESNG”). Hereinafter
DCSD and ESNG are jointly referred to as the “Parties”, and each a “Party”.
RECITALS
WHEREAS, DCSD and ESNG desire to enter into a collaborative agreement, the specific details
of which will be outlined in the non-binding Contract Agreement attached hereto as Exhibit “A”;
and,
WHEREAS, DCSD and ESNG desire to formalize the terms of their collaboration in legally
binding form.
NOW THEREFORE, in consideration of the mutual promises set forth in this Agreement and for
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties to this Agreement, intending to be legally bound, agree as follows:
Section 1. Term of Agreement
1.1 This Agreement shall take effect on July 1, 2022 and shall remain in effect no later than
June 30, 2023 upon which all expected services or performance shall have been completed
by the Parties. This Agreement shall be automatically renewed for the subsequent fiscal
year, subject to the other termination methods available in this Agreement. However, as
required by O.C.G.A. 20-2-506, this Agreement shall terminate absolutely and without
further obligation on the part of DCSD at the close of each calendar year and will be
automatically renewed for the remainder of the current term subject to the other termination
methods available in this Agreement.
1.2 This Agreement may be cancelled or terminated for convenience, for any reason, by either
Party upon thirty days advance written notice to the other Party.
Section 2. Contract Agreement
2.1 The general objectives of this Agreement are outlined in the non-binding Contract
Agreement, which is incorporated and attached as Exhibit “A” to this Agreement.
2.2 The terms of this Agreement shall control the Contract Agreement and any subsequent
Contract Agreement entered into between the Parties.
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Section 3. Agency Liability
3.1 Nothing in this Agreement shall grant to a Party the right to make commitments of any
kind for, or on behalf of, the other Party.
3.2 Each Party is responsible for its own actions and omissions and those of its agents and
employees. Neither Party undertakes or assumes any liability to any person or entity for
any acts or omissions of the other Party, its agents, or employees.
3.3 ESNG agrees to indemnify and hold harmless the DeKalb County Board of Education,
DCSD, its agents, and employees from any claim, demand, liability, loss, charges, expenses
(including attorneys’ fees and costs) or causes of action of whatever kind or nature arising
out of any act of ESNG, its agents, and employees for which DCSD is alleged to be liable.
3.4 Nothing contained herein is intended to be a waiver, in any respect whatsoever, of DCSD’s
right to assert under any circumstances whatsoever its claims of governmental or official
immunity from any liability or damages asserted against it.
Section 4. Student Records
ESNG Responsibilities
4.1.1 ESNG shall comply with Federal and State laws and regulations regarding confidentiality
of student records. Specifically, ESNG shall comply and shall assist DCSD in compliance,
in all material respects, with applicable laws and regulations, including Georgia Student
Data Privacy, Accessibility and Transparency Act, Family Education Rights and Privacy
Act (“FERPA”), 20 U.S.C. § 1232g, and the Protection of Pupil Rights Amendment
(“PPRA”), 20 U.S.C. § 1232h, and all applicable privacy laws.
4.1.2 To the extent ESNG or its subcontractors comes into contact with any student data or
information, ESNG or its subcontractors will not disclose such information without eligible
student/parent/guardian permission. Personally identifiable student information and
education records, as defined pursuant to O.C.G.A. Title 20 and FERPA, will be, and will
be deemed to have been, received in confidence and will be used only for purposes of the
services contemplated in this Agreement, along with any information and records excluded
from disclosure by DCSD under the Georgia Open Records Act, O.C.G.A. § 50-18-70, et
seq. (hereinafter jointly referred to as the “Confidential Information”).
4.1.3 Within its own discretion, DCSD may designate ESNG as a “school official” within the
meaning of FERPA, if DCSD determines that the services under this Agreement are
functions that would normally be provided by DCSD and if DCSD determines that ESNG
has a legitimate educational interest in student educational records and information.
4.1.4 With respect to information protected by FERPA, ESNG may not continue to maintain
education records or personally identifiable information of students after termination of
this Agreement, and must return or destroy, as requested by DCSD, all such records and
information to DCSD as the owner of that information within ten (10) days of termination
for any reason, unless otherwise agreed to in writing by the Parties.
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4.1.5 During and after the term of this Agreement, ESNG take all reasonable measures necessary
to keep the Confidential Information confidential, including, without limitation, all
measures it takes to protect its own confidential information of a similar nature. ESNG
shall give prompt written notice to DCSD of any suspected or actual security breach that
may or does impact DCSD’s data or of any unauthorized use or disclosure of the
Confidential Information. ESNG shall assist DCSD in remedying each unauthorized use
of disclosure. Giving assistance does not waive any breach of the Agreement by ESNG,
nor does acceptance of the assistance constitute a waiver of any breach of the Agreement.
Joint Responsibilities of the Parties
4.2.1 Standards of Conduct
• The Parties agree to use only positive strategies to support a child’s well-being
and prevent and address challenging behavior;
• The Parties must not maltreat or endanger the health or safety of children.
• The Parties must not:
a. Use corporal punishment;
b. Use isolation to discipline a child unless required based on that student’s
Individualized Educational Program to address behavioral strategies;
c. Bind or tie a child to restrict movement or tape a child’s mouth;
d. Use or withhold food as a punishment or reward unless required based on that
student’s Individualized Educational Program to address behavioral strategies;
e. Use toilet learning/training methods that punish, demean, or humiliate a child;
f. Use any form of emotional abuse, including public or private humiliation,
rejecting, terrorizing, extended ignoring, or corrupting a child;
g. Physically abuse a child;
h. Use any form of verbal abuse, including profane, sarcastic language, threats, or
derogatory remarks about the child or child’s family; or,
i. Use physical activity or outdoor time as a punishment or reward unless required
based on that student’s Individualized Educational Program to address behavioral
strategies;
• The Parties agree to respect and promote the unique identity of each child and
family and refrain from stereotyping on any basis, including gender, race, ethnicity,
culture, religion, disability, sexual orientation, or family composition;
4.2.3 Confidentiality of Personally Identifiable Information (PII)
The Parties shall maintain the confidentiality of ESNG staff, child and family records and
program information that they may have access to. The Parties agree to the following related to
confidentiality and Protection of Personally Identifiable Information (PII):
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Personally Identifiable Information (“PII” or “Information”) means any information that could
identify a specific individual, including but not limited to a child’s name, name of a child’s family
member, street address of the child, social security number, or other information that is linked or
linkable to the child.
i.Information Gained as a Result of Performance of this Agreement
Any PII or other information about Head Start or Early Head Start program participants
(children and families) or ESNG employees, including anything which the Parties see or
hear, as well as all forms of written communication, including electronic communication,
that the Parties gain as a result of the performance of services under this Agreement is
confidential information.
ii. Disclosure of Information to ESNG Staff
PII and information concerning a child, family member, program participant, or ESNG
staff member is to be shared with other ESNG staff to the extent that such information is
necessary for the DCSD and/or ESNG staff to effectively perform his/her duties under this
Agreement.
iii. No Disclosure of Information to Third Parties
PII and information concerning a child, family member, program participant, or ESNG
staff member is not, under any circumstances, to be shared with any individual or
organization outside of ESNG.
iv. Unauthorized Disclosure of Information
In the event that either Party makes an unauthorized disclosure of information prohibited
by this Agreement, the Parties acknowledge that the right of privacy of children, families
and/or ESNG and/or DCSD staff will be violated, and that either Party may, at its
discretion: (i) provide the other Party with an opportunity to self-correct, (ii) prohibit the
other Party from access to records, PII, or other Information for a set period of time, and
either Party will have the right to initiate legal action against the other Party on account of
such disclosure.
v. Review of Confidentiality Provisions
The Parties shall review this Agreement annually, and if necessary, the Parties shall update
the Agreement in accordance with 45 CFR 1303.22(d).
Section 5. Notices
5.1 Unless otherwise provided in this Agreement, all notices, including, but not limited to, any
notice of termination of this Agreement, will be in writing and will be personally delivered,
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sent by regular mail, overnight delivery service or sent by certified mail, return receipt
requested, postage prepaid. Notices will be deemed given (a) on the date delivered if
delivered personally, (b) on the first business day following the date of dispatch if delivered
by overnight delivery service, or (c) on the earlier of confirmed receipt or the fifth business
day following the date of mailing if sent by certified mail. Notices must be sent to the
respective address set forth below or such other address that a Party specifies in a notice
delivered pursuant to this Section.
5.1.1 To DCSD: DeKalb County School District
1701 Mountain Industrial Boulevard
Stone Mountain, Georgia 30083
Attn: Dr. Vasanne S. Tinsley, Interim Superintendent
With a copy to: DeKalb County School District
Exceptional Education
1040 King Way Drive
Lithonia, GA 30058
Attn: Mrs. Michele Summerlin, Executive Director
5.1.2 To ESNG: ESNG
815 Park North Boulevard
Clarkston, Georgia 30021
Attn: NIC Site Manager
Section 6. Additional Terms
6.1 Governing Law and Venue. This Agreement shall be governed by and construed and
enforced in accordance with the laws of the State of Georgia. The exclusive venue for any
action arising out of or related to this Agreement shall be in the federal, superior, or state
courts of DeKalb County, Georgia.
6.2 Headings. The headings contained in this Agreement are for convenience only and shall
not affect in any way the meaning or interpretation of this Agreement.
6.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be
deemed an original, and all counterparts so executed shall constitute one agreement binding
upon all the Parties. A scanned or faxed copy of this Agreement shall be deemed an
original.
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DocuSign Envelope ID: DE14BBCB-6F26-44E1-9C25-E774B67912CD
IN WITNESS THEREOF, the Parties have executed this Agreement, intending to be bound as of
the Effective Date set forth above.
DeKalb County School District Easter Seals North Georgia
By: By:
Dr. Vasanne S. Tinsley, Interim Superintendent Ms. Donna Davidson, President/CEO
11/14/2022 | 7:24 AM PST
Date: Date:
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DocuSign Envelope ID: DE14BBCB-6F26-44E1-9C25-E774B67912CD
Exhibit A
DocuSign Envelope ID: DE14BBCB-6F26-44E1-9C25-E774B67912CD
Contract Agreement
Between
DeKalb County School District
and
Easter Seals North Georgia, Inc.
This Contract Agreement is made by and between DeKalb County School District, a political
subdivision of the State of Georgia under the management and control of the DeKalb County Board
of Education, (“DCSD”) and Community Development Institute Head Start, a non-profit
corporation organized and existing under the laws of the State of Georgia (“ESNG”) DCSD and
ESNG are jointly referred to as the “Parties”, and individually as a “Party”.
Section 1. Purpose
1.1 This Contract Agreement incorporates the present intent of the Parties to participate in a
collaborative effort to expand the inclusion opportunities for special needs preschool-aged
students in the DCSD attendance zone.
1.2 Students aged three to four years old will be considered for the “ICE Babies” program and
will be aligned with the current Project ICE initiative in DCSD schools. The ICE acronym
represents Instruction, Collaboration, and Environment.
1.3 Each year the Parties may implement strategies that can ensure the best for children and
families in the Parties’ programs.
1.4 Operational Strategies for this collaboration will include the following:
• Sharing plans for students with parent consent;
• Sharing training materials, seminars, and workshops;
• Sharing recruitment materials and referral forms;
• DCSD holding committee membership on Education & Health Advisory Council;
• Planning and engaging in joint orientation training;
• Inviting DCSD personnel to visit classrooms at ESNG locations;
• ESNG locations serving as sites for DCSD’s Individualized Educational Program
(“IEP”) staffing committees;
• DCSD providing technical assistance or training on assessment or other areas of need;
• Participating in joint transitional planning for children.
Section 2. DCSD Responsibilities and Rights
2.1 DCSD will provide a full-time, fully certified, special education teacher to each class
within the DCSD attendance zone. In addition, DCSD will place up to six students with
special needs in each designated class. The children placed in the designated classes will
be considered dually enrolled in both programs. The DCSD attendance zone, as discussed
above, include the following ESNG centers:
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• Clarkston Head Start, 815 Park North Blvd., Clarkston, GA 30021
• Lawrenceville Head Start, 3549 Lawrenceville Hwy., Tucker, GA 30084
• Hambrick Head Start, 777 Hambrick Road, Stone Mountain, GA 30083
2.2 The Preschool Diagnostics program within DCSD will conduct screenings, evaluations,
and/or observations in order to determine eligibility for special education services based
on federal and state guidelines. After eligibility is determined, appropriate services will be
recommended through an IEP meeting.
2.3 Co-taught services at the ESNG Program are one option that may be considered for some
three –year-old students, four-year-old students and five-year-old students. Students
entering the program must meet the age requirement before September 1st to attend a Head
Start Program.
2.4 If community-based services are determined the least restrictive environment by the IEP
team for any student already enrolled in the Head Start program, DCSD staff will provide
those services at the Head Start location in the student’s natural classroom to the maximum
extent appropriate for addressing goals and objectives. In addition to supporting the DCSD
teachers and students, DCSD Preschool Special Education staff will provide staff
development, consultation, and educational support to parents and ESNG staff.
2.5 DCSD will provide a substitute teacher in the event the DCSD teacher is absent. The
substitute will cover the class providing the substitute has a cleared background check with
the Georgia Department of Early Care and Learning.
2.6 DCSD will provide each student with disabilities all related services as specified in the
IEP.
2.7 DCSD will select the teacher that will work at the ESNG locations under the Contract
Agreement. Any ICE teacher selected by DCSD must pass applicable background checks
required by DCSD of all DCSD employees in accordance with DeKalb County Board of
Education policy GAK(1) and state or local laws. DCSD has the sole authority to remove
any teachers placed at a ESNG location. ESNG does not have the authority to remove any
teachers placed at a ESNG location. ESNG shall advise DCSD of any teacher who it
believes has violated any ESNG policy or procedure and/or the direction/instruction of any
ESNG staff.
2.8 DCSD teachers will comply with GA Bright from the Start childcare licensing
requirements for background checks and onsite personnel file requirements.
2.9 Complaints involving incident(s) that involve both DCSD and ESNG staff, shall be
addressed following DCSD policies and procedures and ESNG policies and procedures. In
the event of a conflict between DCSD policies and procedures and ESNG policies and
procedures, DCSD policies and procedures shall govern. DCSD employees, who are under
the supervision of the ESNG location manager, shall be subject to the ESNG standards of
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conduct and follow the direction of ESNG supervisory/management staff, to the extent that
such standards and direction do not violate any policy, rule, or regulation of DCSD.
2.10 DCSD teachers will be based out of their assigned Head Start center. The Preschool Special
Education (“PSE”) Coordinator will provide overall supervision and evaluation of the
teachers.
2.11 DCSD will offer transportation to all students with disabilities enrolled in the ICE Babies
program, as arranged exclusively between DCSD and parents.
2.12 DCSD students and teachers will follow DCSD calendar. DCSD students will be supported
by DCSD staff based on instructional days as outlined on the DCSD calendar.
Section 3. ESNG Responsibilities and Rights
3.1 ESNG will provide a general education Teacher and an Assistant Teacher to each
designated class.
3.2 ESNG or its partners will provide materials and furniture that would be considered standard
classroom equipment.
3.3 ESNG or its partners will provide all meals and snacks including any special dietary needs
of students with disabilities.
3.4 ESNG will ensure that two ESNG staff are assigned in each ESNG classroom.
3.5 ESNG will ensure that any DCSD teachers receive the same breaks and trainings received
by ESNG teachers and staff.
3.6 ESNG may recommend that parents participate in the evaluation process for preschool
aged children offered by DCSD. ESNG will complete the following for the children being
referred to Preschool Diagnostics:
3.6.1 Obtain authorization to release information to ensure confidentiality.
3.6.2 Screen all children within the first 45 days of enrollment and initiate the referral
process for those suspected to be in need of special education and related services.
3.6.3 Obtain permission for DCSD staff to observe ESNG students.
3.6.4 Administer screening instruments when appropriate.
3.7 ESNG Program provides a facility for delivery of direct services or assessment upon
request, whenever possible. ESNG Program will also provide priority placement where
appropriate for preschoolers with disabilities identified throughout the school year. Both
parties agree to follow the written referral procedure.
3.8 ESNG will permit DCSD staff to bring reasonable food items with them into the ESNG
classrooms consistent with ESNG guidelines.
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Section 4. Mutual Responsibilities and Program Information
4.1 DCSD and ESNG will collaborate at least once annually to determine appropriate locations
for ICE Babies classes. These determinations will be based on factors such as ESNG space
availability as well as DCSD student needs related to home schools.
4.2 DCSD and ESNG administrative staff will maintain ongoing collaboration in order to
address any concerns as they arise.
4.3 The DCSD teacher, ESNG Lead Teacher, and ESNG Assistant Teacher will have shared
planning time after the students leave for the program day.
4.4 Classes will have one DCSD Special Education Teacher, one ESNG Teacher, and one
ESNG Assistant Teacher. If either Party changes the teachers assigned to a ESNG
classroom, the Party making the change will notify the other Party of the change.
4.5 DCSD and ESNG teachers will collaborate together and jointly share all duties and
responsibilities associated with educating all students and maintaining the classroom.
4.6 If a student has an IEP, the IEP will provide direction to both Parties regarding treatment
and instruction of the student. If removal from the Head Start program is being considered
during an IEP meeting, a member of the Disabilities Team from ESNG will be invited to
the IEP meeting. In instances where there is a conflict between a student’s IEP and Georgia
Bright from the Start guidelines, the IEP will control.
4.7 Students will be dually enrolled in both programs. Students will be listed as community
students for the DCSD program.
4.8 Classes will be supported by the PSE Community Teacher for Special Education, Lead
Teacher for Special Education (“LTSE”) and the Content Area Program Specialist.
4.9 Both the DCSD teacher and the ESNG Teacher will attend parent meetings, including IEP
and Head Start meetings, for each child in the class.
4.10 Classes will follow the Creative Curriculum for Preschool published by Teaching
Strategies.
4.11 All curriculum activities will be aligned with the Georgia Early Learning and Development
Standards (“GELDS”).
4.12 Classes will follow the assessment program of the assigned ESNG center and class.
4.13 All children enrolled in the ICE Babies program will participate in in-house field trips with
their assigned class.
4.14 Program times will be:
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4.14.1 Three- and four-year-olds: 8:00 a.m.–2:30 p.m. (or the same as the center’s hours
of operation)
4.14.2 The IEP program for three-year-olds will be written from 9:00 a.m. through 1:00
p.m. In order for the students to benefit from the Head Start programs, they need
to attend the program for the full day. Special Education instruction will end at
1:00 p.m. The ESNG program will continue from 1:00 p.m.-2:30 p.m. This
includes nap and play time. The Special Education Teacher may or may not be
present during this time. He/she may be required to provide community instruction
to a community student at another location.
Section 5. Miscellaneous
5.1 Either Party may request the amendment of this Contract Agreement. Any changes,
modifications, revisions or amendments to this Contract Agreement, which are mutually
agreed upon by and between the Parties, will be incorporated by written instrument, and
made effective when signed by both parties.
5.2 It is the policy of the DeKalb County School District and ESNG not to discriminate on the
basis of race, color, sex, sexual orientation, gender identity or expression, genetic
information, religion, national origin, age, or disability in any employment practice,
educational program, or any other program, activity, or service.
5.3 This Contract Agreement may be executed in counterparts, each of which will be deemed
an original, and all counterparts so executed will constitute one Contract Agreement
between the Parties. A photocopy faxed or scanned copy of this Agreement shall be
deemed an original.
Section 6. Effect
6.1 IN WITNESS THEREOF, the Parties have executed this Agreement, intending to state the
general understanding of the Parties.
DeKalb County School District Easter Seals North Georgia
By: By:
Dr. Vasanne S. Tinsley, Interim Superintendent Donna Davidson, President/CEO
11/14/2022 | 7:24 AM PST
Date: Date:
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