1. Memorandum of Agreement - DCSD_

      MEMORANDUM OF AGREEMENT BETWEEN THE GEORGIA
  DEPARTMENT OF EDUCATION, DEKALB COUNTY SCHOOL DISTRICT
               AND LAUREL HEIGHTS HOSPITAL

This Memorandum of Agreement is made and entered into this 1st day of July 2023, by
and between the DeKalb County School District, hereinafter referred to as the “School
District,” and Laurel Heights Hospital.

WHEREAS, Laurel Heights Hospital has been operating an educational program for
students admitted pursuant to O.C.G.A. § 20-2-133 and

WHEREAS, this Memorandum of Agreement provides for collaborative procedures
between the agencies to ensure that the educational requirements for students eligible
pursuant to O.C.G.A. § 20-2-133, and State Law, are met while the students are receiving
educational services at Laurel Heights Hospital;

NOW THEREFORE, the parties hereto, for and in consideration of the mutual
promises, agreements, covenants and benefits contained herein and other good and
valuable consideration, the sufficiency of which is hereby agreed upon by the parties, do
agree as follows:

                                             1.
Effective Date. This Agreement shall be effective on and after the 1st day of July 2023
and shall run through June 30, 2024. It is contemplated by the parties that this type of
Agreement shall be implemented for additional one-year terms. Specific provisions
regarding the reevaluation/renewal/termination provisions of this Agreement are set forth
in paragraphs 16 and 17.

                                              2.
Definition of Eligible Students. Unless otherwise specified, this Agreement and all
references to students herein pertain only to students who are eligible to attend pursuant
to O.C.G.A § 20-2-133 at Laurel Heights Hospital; and, who are unable to leave the
facility to attend school in the School District; and who are legally eligible to receive
services from the School District. This Agreement does not apply to Laurel Heights
Hospital students who have been placed by other school districts solely for educational
reasons.

Pursuant to IDEA, and including, but not limited, to State Board Rules 160-4-7-.03 Child
Find Procedures and 160-4-7-.19 Services for Agency-Placed Students, the School
District shall work with Laurel Heights Hospital to ensure that all students with
disabilities receiving educational services within Laurel Heights Hospital receive a free
and appropriate public education. The School District shall provide technical assistance
and oversight to assist Laurel Heights Hospital in completing evaluations, eligibility
determinations, triennial reviews, IEP development, and IEP implementation. Laurel




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Heights Hospital and the School District shall follow the requirements set forth in the
student’s IEP.

Once an eligible student (who remains eligible to attend school in the School District
pursuant to state law) is placed outside of the residential facility, the School District shall
enroll and educate the student in the appropriate School District school. The
determination as to appropriate services and placement for a student with disabilities shall
be facilitated by the DeKalb Special Education staff and IEP Team which includes a
School District representative. In cases where a move to a School District placement is
contemplated, Laurel Heights Hospital shall provide sufficient notice to the School
District to allow an appropriate representative to attend and participate in the IEP
meeting.

                                               3.
Coding and Student Data. The School District shall provide Laurel Heights Hospital
with access to the student information system (“SIS”) software and the Student
Longitudinal Data System (“SLDS”) for the School District onsite at Laurel Heights
Hospital. The School District shall provide training to Laurel Heights Hospital on how to
enter the student information and data into the system. Laurel Heights staff (principal,
special education specialist, and others as identified, will be given DeKalb County email
privileges and privileges into databases.) Other than technical assistance and training
related to the student information system, no other technology services will be provided
to Laurel Heights Hospital by the School District. Laurel Heights Hospital shall be solely
responsible for timely and accurate entry of all student information into the system. The
School District shall include Laurel Heights Hospital students in all data reports made to
the Georgia Department of Education (“GaDOE”), including the Federal DATA Report,
the Discipline Report, and other reports required by state and federal laws regarding
confidential student records of any kind. Laurel Heights Hospital shall comply with all
federal and state laws regarding confidential student records of any kind. Laurel Heights
Hospital shall be responsible for maintaining the security of student information at all
times and shall limit access to said information to qualified, trained staff, who shall
access said information on a need to know basis only. Laurel Heights Hospital shall
indemnify and hold harmless the School District from any liability caused by the
inappropriate release of, access to, or dissemination of student information.
                                               4.
Food services. Laurel Heights Hospital will continue to be responsible for food
services provided to Laurel Heights Hospital students, including compliance with all
Federal and State statutes and regulations. Free and reduced applications and associated
services shall continue to be the sole responsibility of Laurel Heights Hospital,
including the timely, accurate reporting of students eligible for free and reduced meals
to the state. This information shall also be reported to the school system Director of
Food Service. Free and reduced applications shall be provided by the District to Laurel
Heights to be included in the enrollment process. Completed forms will be reported to
the school system Director of Food Service.




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                                            5.
FTE Funding. Pursuant to O.C.G.A. § 20-2-133, GaDOE is calculating an amount of
funding (FTE) based on the number of eligible students admitted at Laurel Heights
Hospital. The calculation is based on program data submitted by Laurel Heights Hospital
through the DeKalb County School District to the GaDOE. Upon receipt of the FTE
monies from GaDOE allocated for Laurel Heights Hospital, the School District shall be
ready to pass the FTE funds through to Laurel Heights Hospital. The funds will be wired
to Laurel Heights Hospital’s bank account within five business days of receipt of the
funds. The School District shall recoup any administrative costs at the school district’s
indirect cost rate as defined by GaDOE through funds allocated pursuant to O.C.G.A §
20-2-133.

It is understood that the intent of the funds is to enable Laurel Heights Hospital to employ
appropriate staff to teach on the campus of Laurel Heights Hospital and to procure
appropriate instructional materials. It is understood that Laurel Heights Hospital will provide
all services to students for which FTE funds are received. Laurel Heights Hospital will ensure
that all teachers under this Agreement shall have State of Georgia certification. Laurel
Heights Hospital shall be responsible for the salaries and benefits of the teachers during the
entire school year. This includes summer employment or employment outside the School
District school calendar, including any vacation and holidays the teachers choose to work.
Laurel Heights Hospital will provide substitute teachers. Laurel Heights Hospital teachers
will adhere to the Laurel Heights Hospital calendar with the assurance that vacation,
holidays, staff development related activities are followed.

The funds could also be used for Laurel Heights Hospital to employ and assume
responsibility for paraprofessionals to assist teachers as needed on the campus of Laurel
Heights Hospital. If paraprofessionals are employed, Laurel Heights Hospital shall be
responsible for hiring the paraprofessionals and ensuring that they meet all requirements
under federal and state law.

Any staff hired using FTE funds shall become employees of Laurel Heights Hospital.
Laurel Heights Hospital shall be solely responsible for the salary and benefits including
workers’ compensation of their employees. Laurel Heights Hospital will provide
substitute teachers in accordance with GaDOE guidelines.

Laurel Heights Hospital shall be responsible for ensuring that staff hired with the FTE
funds are certificated under the Every Student Succeeds Act within the timelines
prescribed by the U.S. Department of Education, taking into account any flexibility
granted to the state of Georgia. The Georgia Professional Standards Commission is the
state agency in charge of establishing and enforcing professional teaching standards and
certifying and licensing teachers. The DeKalb County School System will be available
to advise and support in the hiring of certified teachers.



                                                6.



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Grant Funding. The School District shall distribute funds of the grant in O.C.G.A.
Section 20-2-133(b)(5) if such funds are allocated to Laurel Heights Hospital to cover
any appropriate additional costs incurred by Laurel Heights Hospital. Funds will be
awarded if the General Assembly has appropriated such funds for the grant and if Laurel
Heights Hospital meets the guidelines.

These state grant funds must be used for the following purposes (with appropriate
documentation): direct and indirect costs (upon approval). Direct costs are those incurred
for activities directly associated with the education of eligible children such as, salaries,
wages and benefits for teachers and paraprofessionals; costs for instructional materials
and supplies; costs associated with classroom-related activities and equipment; and any
other appropriate instructional expenses. Indirect costs such as cost incurred for
administration, plant operations and maintenance, food services, transportation,
instructional support including media centers, teacher training, and student support such
as nurses and guidance counselors.

                                           7.
Timeframe of Grant Distribution. The School District shall distribute the grant funds to
Laurel Heights Hospital within 10 business days of receipt of the monthly installments
from GaDOE.

                                               8.
Expenditure Controls. Laurel Heights Hospital shall be audited in the same manner the
School District is audited on an annual basis. The School District has oversight of all
funds received under O.C.G.A. § 20-2-161 Quality Based Education Formula. These state
grant funds must be used for the following purposes: direct instructional costs (teachers,
aides/paraprofessionals, counselors, subject specialists, textbooks, supplies, equipment);
operations; and indirect instructional costs (psychologists, social workers, principals,
school and central office support, facility/maintenance/operations personnel, staff
development, media). The School District must provide an annual end of the year
expenditure report 30 days after the close of the state fiscal year to GaDOE to ensure that
funds are being spent in accordance to state laws and State Board of Education rules.


                                               9.
Background Checks. All Laurel Heights’ staff (principal, special education specialist, and
others as identified), that are provided DeKalb County email privileges and privileges into
data bases, agree to a background check. The above- mentioned Laurel Heights staff, shall
undergo the same criminal background check, within the last 365 days, as required by School
District employees. Such background checks will be performed by School District at the
expense of Laurel Heights. Additionally, any charges against Laurel Heights’ staff may be
deemed unacceptable in School District’s sole discretion regardless of whether dismissed,
expunged, sealed, removed from the record, treated as a “first offender” or dead docketed.
Upon receipt and evaluation of School District’s background check results, School District
may demand that the personnel named in the check result, not be provided email privileges
and privileges into data bases.



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Confirmation of background checks must be submitted in writing to the School District
to: Dr. Erin Broyard-Baptiste, DeKalb County School District, 1040 King Way Dr.
Lithonia Georgia, 30058.
                                         10.

Additional Supports. The School District may make staff development opportunities
and training available to Laurel Heights Hospital’s teachers and staff through the School
District Professional Development Department. Also, the School District will provide
technical assistance and oversight in order to assist Laurel Heights Hospital in completing
eligibility determinations, triennial reviews, IEP development, and IEP implementation.
Laurel Heights Hospital shall have access to the School District’s policies and procedures
associated with referrals to special education, vision/hearing screenings and provision of
all related services and may elect to follow those procedures to the extent applicable.
DeKalb schools will provide Laurel Heights Hospital with all related service providers
background checks, a copy of their DeKalb County ID Badge, and driver’s license. The
School District will agree to provide Laurel Heights Hospital with information regarding
vendors and information about contracting for related services for special needs students.
Laurel Heights Hospital will not receive any services for transportation or food service
from the School District.

                                             11.
Assessments. The School District shall provide state assessments for eligible students as
set forth in paragraph 2 to be administered by Laurel Heights Hospital certified staff
under the supervision of Laurel Heights Hospital’s School Test Coordinator. The School
District System Test Coordinator agrees to include the Laurel Heights Hospital Test
Coordinator in all training sessions as to the protocols of such testing and requirements
for receiving, securely storing test materials and distributing and administering tests. The
School District Test Coordinator has the authority to enter and monitor all testing
locations to verify that test security is maintained. All applicable visitor procedures will
be followed. If a student is admitted under a physician’s order due to meeting medical
necessity for a diagnosed mental illness and is a resident of another state, Laurel Heights
will work collaboratively with the resident state to ensure any testing pursuant to federal
law, regulations and ESSA is provided.


                                              12.
 Title I. Laurel Heights Hospital has previously been eligible for participation under Title
I. Nothing under this Agreement is intended to impact Laurel Heights Hospital’s eligibility
under Title I or the School District’s obligations under Federal and State statute and
regulations. As a designated school of the School District, Laurel Heights Hospital shall be
considered for participation under Title I of the Every Student Succeeds Act (“ESSA”). The
School District shall meet all the requirements for the inclusion and participation of Laurel
Heights Hospital in accordance with Title I, Part A of the Elementary and Secondary
Education Act, as amended by ESSA. These requirements include, but are not limited to,
provisions for high-quality academic assessments, qualified teachers, professional




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development, poverty criteria, ranking order, allocations, school improvement, and
parental involvement.


                                               13.
Records. Subject to state and federal laws, the School District, GaDOE, its agents, and
the state auditor’s office shall have the right to examine and copy all school records,
reports, documents and files relating to any activity, program or DeKalb County student
of Laurel Heights Hospital. The School District and Laurel Heights Hospital shall
cooperate fully to share all social histories, observations, and education records,
including, but not limited to, IEPs, education-related evaluations, and assessments. This
excludes any access to medical records (i.e. Psychological, Treatment Plans, Medical
History) or any other medical records that are covered under HIPPA. All student data is
submitted by Laurel Heights Hospital through the DeKalb County School District portal
to the GaDOE. The School District is entitled to receive copies of any and all data
submitted by Laurel Heights Hospital to GaDOE and any GaDOE response to such data
if any exchange occurs outside of the Portal. Under the Family Educational Rights and
Privacy Act (FERPA), prior consent by a parent or guardian to disclose personally
identifiable information from education records is not required for exchanges of
information between the School District and Laurel Heights Hospital as necessary to the
implementation of this Agreement. Laurel Heights Hospital will be responsible for the
retention of the official school records for all students educated on the Laurel Heights
Hospital campus. Laurel Heights Hospital agrees to comply with all state and federal
laws, rules, regulations and guidelines for record retention.

                                           14.
Accountability. Laurel Heights Hospital agrees that in order to comply with federal and
state law regarding special education, GaDOE shall monitor students with disabilities
placed in Laurel Heights Hospital. This shall include facility reviews, records reviews,
timeline reports, focused monitoring, and all other activities for compliance monitoring.
In order to comply with federal and state law regarding special education, the School
District shall monitor students with disabilities in Laurel Heights Hospital. The School
District shall be responsible for ensuring that a free appropriate public education
(“FAPE”) is provided to these students to include all services in the student’s IEP.

All formal complaints, mediation requests or due process hearing requests regarding
admitted students at Laurel Heights Hospital shall be responded to jointly by the School
District and Laurel Heights Hospital. The School District serves as the Local Education
Agency (LEA) and shall notify GaDOE of all formal complaints, mediation requests of
due process hearing requests filed. The School District and GaDOE will cooperate with
Laurel Heights Hospital and provide technical assistance (that shall not be considered
legal advice) as appropriate in responding to such complaints or requests. Laurel Heights
Hospital recognizes that specialized legal expertise in these areas may be helpful or
necessary and agrees to seek advice of its counsel, as Laurel Heights Hospital deems
necessary, at Laurel Heights Hospital’s sole expense.


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                                               15.
Release. Laurel Heights Hospital shall indemnify and save and hold the School District
and GaDOE, their partners, elected officials, employees, officers, directors,
subcontractors, agents, and anyone acting on their behalf (collectively referred to as
“Indemnitees”) harmless against any and all claims, demands, suits, costs, judgment, in
law or equity, or any other forms of liability to third parties, actual or claimed, including
reasonable attorney fees, for injury to property or persons (including but not limited to
violations of civil rights), occurring or allegedly occurring, in connection with the
operation of Laurel Heights Hospital from conduct committed by Laurel Heights
Hospital, or by its employees, officers, directors, subcontractors, agents, or anyone acting
or purporting to act on its behalf, during the term of this Agreement or any renewal
thereof. Upon timely written notice from the School District and/or GaDOE, Laurel
Heights Hospital shall allow the School District and/or GaDOE to defend itself in any
such action or proceedings and, in such a case Laurel Heights Hospital shall reimburse
the School District and/or GaDOE for any and all costs associated with said defense.
Each party shall give prompt written notice to the other of the assertion of any claim or
the commencement of any litigation for which indemnification is sought and shall
cooperate with the indemnifying party in the defense of the claim or litigation, provided,
however, that the timing of the notice given to Laurel Heights Hospital shall not relieve
Laurel Heights Hospital of its duty to fully indemnify and hold harmless Indemnitees.
Except as expressly provided, each party shall be responsible for its own legal
representation. Except where there is an actual or potential conflict of interest, Laurel
Heights Hospital, the School District, and/or GaDOE will fully cooperate in good faith
with legal counsel for one another in connection with any legal claim asserted against
either of them in connection with Laurel Heights Hospital and may, in their discretion,
enter into a joint defense arrangement calling for the collective assertion of the joint
defense privilege. Notwithstanding any other provision of this Agreement, neither party
shall settle or compromise any claim against the other without the express written
permission of that party. This indemnification shall not apply to the extent that any
claim, lien, demand, suit or liability results from the sole negligence or wrongful act or
omission of any Indemnitees or from any act or omission of Laurel Heights Hospital
required by law or this Agreement. Nothing herein shall waive the right of Indemnitees
or Laurel Heights Hospital employees and board members to assert any statutory or legal
defense of sovereign immunity or official immunity. This indemnification, defense, and
hold harmless obligation shall survive the termination of this agreement. Any
indemnified party shall have the right, at its own expense, to participate in the defense of
any lawsuit, without relieving the indemnifying party of its obligation hereunder.

                                              16.
Non-agents. The parties hereto expressly acknowledge and agree that Laurel Heights
Hospital is not acting as the agent of the School District or GaDOE, except as required by
law or this Agreement, and neither the School District nor GaDOE assumes any liability
for any loss or injury resulting from (1) the acts and omissions of Laurel Heights
Hospital, its directors, trustees, agents or employees or (2) any debt or contractual
obligation incurred by Laurel Heights Hospital. Laurel Heights Hospital acknowledges




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that it is without authority to, and will not, extend the faith and credit of the School
District or GDOE to any third party.
                                               17.
Non-discrimination. Laurel Heights Hospital agrees it shall not discriminate against
students on the basis of disability, race, creed, color, gender, national origin, religion,
ancestry, marital status or for special educational services. Furthermore, Laurel Heights
Hospital agrees it shall not discriminate on any basis that would be illegal if used by a
school system.

                                              18.
Georgia’s Single Statewide Accountability System. Laurel Heights Hospital agrees for
purposes of the accountability program provided for in O.C.G.A. §§ 20-14-30 through
20-14-41, all facilities serving children in Residential Treatment Facilities shall be
consistent with State Board of Education rules and regulations, treated as a single Local
Education Agency; provided, however, that this shall not be construed to alleviate any
responsibilities of the School District for the education of these students.



                                            19.
Severability. In the event that any provision of this Agreement or the application hereof
to any person or in any circumstances shall be determined to be invalid, unlawful, or
unenforceable to any extent, the remainder of this Agreement and the application of
such provision to persons or circumstances other than those as to which it is determined
to be invalid, unlawful or unenforceable, shall not be affected thereby, and each
remaining provision of this Agreement shall continue to be valid and may be enforced to
the fullest extent permitted by law.

                                          20.
Delegation. The parties agree and acknowledge that the functions and powers of each
party may be exercised only by each party and may not be delegated to a third party
without written agreement by the School District, GaDOE, and Laurel Heights Hospital.

                                                21.
Termination. It is understood and agreed that because this contract is geared toward the
academic year of teaching, educational services for students, and the employment of
teachers, unilateral termination during the term of this contract is not appropriate. Therefore,
the parties agree to provide the other party with six (6) months advance notice of early
termination of this Agreement. In no event shall termination occur, except for a complete
failure of operations of the campus of Laurel Heights Hospital, in less than sixty (60) days (it
being understood that this provision relates to early termination of this Agreement without
cause, but does not relate to non-renewal, as described below). Notice of any early
termination shall be in writing and shall be deemed to have been given as of the date and
time that it is (1) hand delivered, (2) delivered by the United States Postal Services, Certified
Mail, return receipt requested, postage pre-paid, (3) delivery is completed by a nationally
recognized overnight delivery company, or (4) delivery is made by facsimile and evidence of
such transmission is retained by the sender.


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                                              22.
Re-evaluation/Renewal. Due to the complexity of issues involved and anticipated
additional funding issues, approximately sixty (60) days prior to the end of the term of
this Agreement, the parties retain the right to meet for the purpose of evaluating the
performance of the parties and the other factors involved in the operation of the
Agreement. Following these discussions, the parties are expected to enter a new
Agreement in order to fulfill the requirements of state law, specifically Senate Bill 618,
or amendments thereto.

                                     23.
Amendments in Writing. This Agreement may be amended in writing upon
the approval of all parties.

                                               24.
Indemnification, Litigation, and Settlement. Laurel Heights Hospital shall indemnify and
hold harmless the School District and GaDOE, or anyone acting on their behalf (collectively
referred to as “Indemnitees”) against any and all claims, demands, suits, costs, judgment, in
law or equity or any other forms of liability to third parties, actual or claimed, including
reasonable attorney fees, for injury to property or persons (including but not limited to
violations of civil rights), occurring or allegedly occurring, in connection with the operation
of Laurel Heights Hospital from conduct committed by Laurel Heights Hospital, or by its
employees, officers, directors, subcontractors or agents, or anyone acting or purporting to act
on its behalf, during the term of this Agreement or any renewal thereof.

In any litigation for which indemnification is sought, each party shall give prompt written
notice to the other of the assertion or commencement of any claim and shall cooperate with
the indemnifying party in the defense of the claim or litigation. Except where there is an
actual or potential conflict of interest, Laurel Heights Hospital, the School District, and/or
GaDOE shall fully cooperate with legal counsel and may, in their discretion, enter into a joint
defense arrangement calling for the collective assertion of the joint defense privilege.

The School District and/or GaDOE shall have the right to defend itself in any such action
or proceedings and, in such a case, Laurel Heights Hospital shall reimburse the School
District and/or GaDOE for any and all costs associated with said defense and shall not be
relieved of any obligation hereunder. Neither party shall settle or compromise any claim
against the other without the express written permission of that party. Nothing herein
shall waive the right of Indemnitees or RTF to assert any statutory or legal defense of
sovereign immunity or official immunity.

This indemnification shall not apply to the extent that any claim, lien, demand, suit or
liability results from the sole negligence or wrongful act or omission of any Indemnitees
or from any act or omission of Laurel Heights Hospital required by law or this
Agreement. This indemnification obligation shall survive the termination of this
agreement.



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                                       25.
Governing Law. This Agreement shall be governed by, subject to and construed under
the laws of the State of Georgia.




This Agreement is entered into this _______day of _________________in the year 2022.



_________________________________________               _________________
DeKalb County School District                           Date


__________________________________________              _________________

Laurel Heights Hospital                                 Date




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