Agenda Item
a. Memorandum of Agreement (MOA) DeKalb County School District (DCSD) and ViewPoint Health (VPH)
Summary: Presented by: Dr. Norman C. Sauce III., Chief of Student Services, Division of Student Services
Request: It is requested that the Board of Education approve this Memorandum of Agreement (MOA) between the DeKalb County School District (DCSD) and the ViewPoint Health (VPH) agency regarding the education of eligible students with disabilities placed in the VPH Crisis Stabilization Program. There is no financial impact to the general budget as all costs associated with providing educational services to students placed at VPH will be paid from the Rule 10 Special Education State Grant.
Why: ViewPoint Health operates a residential crisis stabilization facility located within the boundaries of the DeKalb County School District (DCSD), which shall provide public healthcare services to children placed in its care by the Georgia Department of Human services (DHS), the Department of Juvenile Justice (DJJ), the Department of Behavioral Health and Developmental Disabilities (DBHDD) or by parents or legal guardians pursuant to a physician’s order. DCSD is authorized and required, pursuant to O.C.G.A. § 20-2-133, to provide educational services to students assigned to the VPH’s residential treatment facility.
Details: Students in the physical or legal custody of DJJ, DHS, or DBHDD can be placed at the ViewPoint Health Adolescent Crisis Stabilization Program. In addition, the parent or legal guardian pursuant to a physician’s order may place a child if such child is not a home study private school or out-of-state student. Eligible students may come from all over the State of Georgia. DCSD is responsible for the provision of all educational services and programs, including special education and related services for students placed at VPH. The DCSD receives the Rule 10 Special Education State Grant to pay the salary and benefits for up to two teachers. DCSD is responsible for hiring, training, and evaluating the teachers assigned to the facility.
Financial impact: All costs associated with the education of eligible children including salary, wages, and benefits for teachers; cost for instructional materials and supplies; and other related expenses are covered by the Rule 10 Special Education State Grant in the amount not to exceed of $90,000.00. The charge codes to be used are 100.1000.511000.07821.7340.2810.8010.094.0000 (salary/benefits), and 100.1000.561000.07821.7340.2810.8010.094.0000 (materials/supplies). There is no financial impact on the General budget because all costs will be paid from the Rule 10 Special Education State Grant.
Contact: Dr. Norman C. Sauce III., Chief of Student Services, Division of Student Services
Effective: January 1, 2025 - December 31, 2025
Status: Approved by General Counsel
MEMORANDUM OF AGREEMENT
BETWEEN
DEKALB COUNTY SCHOOL DISTRICT AND
VIEW POINT HEALTH
WITNESSETH:
This Memorandum of Agreement, hereinafter referred to as the “Agreement,” is made
and entered into this 1st day of January 2025, pursuant to 1983 Ga. Const., Art. IX, Sec. Ill,
Para. I, by and between the DeKalb County School District located at 1701 Mountain
Industrial Boulevard Stone Mountain, Georgia 30083, a political subdivision of the State
of Georgia created under authority of Chapter 2 of Title 20 of the O.C.G.A. (hereinafter
referred to as “DCSD”), and View Point Health, the provider of an Adolescent Crisis
Stabilization Program located at 2591 Candler Road Decatur, Georgia 30032, a public
corporation, public agency and instrumentality of the State of Georgia created under
authority of Chapter 2 of Title 37 of the O.C.G.A. (hereinafter referred to as the "VPH"
or "VPH Residential Facility"). The DCSD and the VPH may be referred to jointly herein as
"Parties" and individually as a "Party."
WHEREAS, the VPH is a public agency created by state law to provide mental
health, developmental disabilities, and addictive diseases services and is not created to
operate a school system or to provide educational services;
WHEREAS, the VPH will operate a residential facility located within the boundaries of
the DCSD which shall provide public healthcare services to children placed in its care by
the Georgia Department of Human Services (hereinafter referred to as "DHS"), and others;
WHEREAS, the DCSD is authorized and required, pursuant to O.C.G.A. § 20-2-133,
to provide educational services to eligible students assigned to the VPH's residential
treatment facility;
1
WHEREAS, this Agreement provides for collaborative procedures between the Parties
concerning the educational requirements for students placed by DHS, pursuant to O.C.G.A.
§ 20- 2-133, in the VPH Residential Facility;
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 January 1, 2025 (hereinafter
the "Effective Date"), and shall expire on December 31, 2026.
2.
Personnel.
On or by the Effective Date, the DCSD shall, subject to the DCSD's standard hiring
procedures, employ and assume responsibility for hiring qualified and certificated teachers
to teach on the campus of the VPH Residential Facility. If deemed necessary by the DCSD,
it will also employ and assume responsibility for one part-time administrator for the campus
of the VPH Residential Facility. Any teacher or administrator hired under this Agreement is
an employee of the DCSD, and the DCSD will be responsible for and will pay the salaries
and benefits of any teacher or administrator assigned to the VPH Residential Facility under
this Agreement.
The DCSD shall provide educational services outside of the DCSD's regular 10 month/190
day school calendar only if it has a legal obligation to provide such services to a particular
student under state or federal law, such as a student who is entitled to extended school year
services under the Individuals with Disabilities Education Act.
Any teacher or administrator assigned to the VPH Residential Facility by the DCSD is subject
to all state rules and regulations and all DCSD disciplinary policies, rules and regulations.
Any teacher or administrator shall also comply with the policies, rules, and procedures of the
VPH. In the event a DCSD policy, rule, or procedure conflicts with a VPH policy, rule, or
procedure, the DCSD's policies, rules and procedures shall control.
2
3.
Eligible Students.
The DCSD is obligated to provide educational services to students with disabilities placed at
the VPH Residential Facility whom the DCSD is required to serve pursuant to O.C.G.A. § 20-
2-133. As deemed appropriate, DCSD teachers shall also provide educational services to
other students placed at the VPH Residential Facility. VPH shall provide the DCSD with
documentation demonstrating that a student is eligible to receive educational services from
the DCSD under O.C.G.A. § 20-2-133. For every student the DCSD provides educational
services for at VPH Residential Facility, teachers will provide VPH with documentation of
clients served for their fidelity reports.
4.
Safety and Security.
VPH shall contract for or otherwise provide security services at the VPH Residential Facility
and shall maintain their ordinary security procedures and processes during all times in which
DCSD personnel are providing educational services at that facility. The DCSD shall not be
required to provide any employees or resources in order to provide security or safety for the
DCSD's personnel, and in no case shall DCSD personnel be required to physically intervene
with students.
5.
Facilities.
All educational services provided by the DCSD will occur in the VPH Residential Facility. No
fees will be charged to the DCSD for the use, upkeep, or maintenance of the VPH Residential
Facility.
6.
Technology.
The DCSD shall provide DCSD teachers who work at VPH Residential Facility with
access to the internet to utilize Infinite Campus and other DCSD applications. The VPH
shall grant reasonable access, as necessary, to electrical and data utilities.
7.
Curriculum.
The DCSD shall have sole responsibility for determining the appropriate method of
delivering educational services to ·each student assigned to the VPH Residential Facility
3
who the DCSD is required to serve under O.C.G.A. § 20-2-133. The DCSD shall provide
such services in accordance with its obligations under state and federal law.
The DCSD will be responsible for providing all software, books, lesson plans, and other
instructional materials it deems necessary to provide educational services to students at
the VPH Residential Facility. VPH also will make available to the DCSD all curriculum,
including textbooks and software and other instructional materials, VPH has in its
possession on the campus of the VPH Residential Facility.
8.
Records.
Subject to state and federal laws, the DCSD, its agents, and the state auditor's office shall
have the right to examine and copy all education records, education reports, and documents
and files relating to any education activity, education program or student (but only to the
extent that they relate to the student's education or related services) at the VPH
Residential Facility or maintained or possessed by a private entity on behalf of VPH. VPH
shall cooperate with the DCSD in obtaining any documentation, including medical referrals,
required for enrollment or participation in DCSD educational programs. The DCSD and VPH
recognize that they may have obligations with regard to student and patient privacy under
state and federal law, including but not limited to 42 U.S.C. § 290dd-2; 42 C.F.R. Part 2;
O.C.G.A. § 37-3-166; O.C.G.A. § 37- 7-166; O.C.G.A. § 37-4-125; Ga. Comp. R. & Regs. R.
290-4-9-. 5; O.C.G.A. § 24-9-2 1; the Health Insurance Portability and Accountability Act
of 1996, 42 U.S.C. § 1320d ("HIPAA"), and the privacy regulations promulgated
thereunder (45 C.F.R. Parts 160 and 164); and the Family Educational Rights and
Privacy Act of 1974, 20 U.S.C. § 1232g ("FERPA"), and the privacy regulations
promulgated thereunder, 34 CFR Part 99. Taking into account their obligations under
state and federal law regarding student and patient privacy, the Parties agree to
cooperate fully to share all education records, Individualized Education Programs
("IEPs"), education-related evaluations, education assessments, education social
histories, and education observations. Under FERPA, prior consent by a parent or
guardian to disclose personally identifiable information from an education record is not
required when such information is being disclosed to other school officials, including
teachers or administrators, within the agency or institution whom the agency or institution
has determined to have legitimate educational interests, or where the disclosure is to
officials of another school, school system or institution where the student seeks or
intends to enroll. See 34 C .F.R. § 99.31(a)(I) and (2).
4
9.
IEP Meetings.
When necessary to meet the requirements of the Individuals with Disabilities Education
Act ("IDEA"), the DCSD shall provide the following individual(s) at IEP meetings: (a)
surrogate; (b) a regular education teacher (if the child is, or may be, participating in the
regular education environment); (c) a special education teacher; (d) a representative of
DCSD who is qualified to provide, or supervise the provision of, specially designed
instruction to meet the unique needs of children with disabilities; is knowledgeable about
the general education curriculum; and is knowledgeable about the availability of
resources of the local educational agency; and/or (e) an individual who can interpret the
instructional implications of evaluation results (who may be a member of the team as
described above). VPH and the DCSD will cooperate fully in scheduling, conducting, and
providing necessary staff to attend IEP meetings to insure compliance with the timelines
and procedural and substantive requirements of applicable law. VPH will be responsible
for providing necessary meeting space available for all IEP meetings.
10.
Special Education Monitoring and Complaints.
In order to comply with federal and state law regarding special education, the DCSD
shall monitor students with disabilities in the VPH Residential Facility. This may include,
but is not limited to, facility reviews, records reviews, timeline reports, focused
monitoring, and any other activities for compliance monitoring. The DCSD shall be
responsible for ensuring that a free appropriate public education ("FAPE") is provided to
these students. All education complaints filed against the DCSD shall be responded to
by the DCSD. VPH shall cooperate fully with DCSD in its performance of the activities
described in this Agreement, including monitoring, responding, investigating, and
defending against any complaints, and obtaining information required to make any
required reports.
11.
Non-discrimination.
VPH agrees it shall not discriminate against students based on disability, age, race,
creed, color, gender, sexual orientation, national origin, religion, ancestry, marital status
or for special education services. Furthermore, VPH agrees it shall not discriminate on
any basis that would be illegal for a public school district.
5
12.
Audit/Expenditure controls.
The DCSD has oversight of all funds received under O.C.G.A. § 20-2-161. No fees will
be exchanged between the Parties under this Agreement.
13.
Non-agents and Third-Party Beneficiary Rights.
Neither the DCSD nor the VPH is a partner, joint venture, agent, or servant of the other.
In respect of all terms of this Agreement the VPH and the DCSD each binds itself and its
principals, agents, successors, and assigns. Except as expressly authorized herein,
neither the VPH nor the DCSD may assign, license, transfer, or otherwise communicate
its rights under this Agreement without the written consent of the other. Nothing herein
shall be construed as creating any personal liability on the part of any officers or agents
of either Party, nor shall it be construed as giving any rights or benefits hereunder to
anyone other than the Parties for this Agreement.
The Parties do not intend to create in any other individual or entity the status of a third
party beneficiary, and this Agreement shall not be construed so as to create such status.
The rights, duties and obligations contained in this Agreement shall operate only between
the Parties to this Agreement and shall inure solely to the benefit of the Parties to this
Agreement. The provisions of this Agreement are intended only to assist the Parties in
determining and performing their obligations under this Agreement. The Parties intend
and expressly agree that only Parties signatory to this Agreement shall have any legal
or equitable right to seek to enforce this Agreement, to seek any remedy arising out of a
Party's performance or failure to perform any term or condition of this Agreement, or to
bring an action for the breach of this Agreement.
14.
Severability.
In the event that any term or provision of this Agreement or the application hereof to
any person or in any circumstances shall be determined by operation of law to be
invalid, unenforceable, or void to any extent, the remainder of the terms and
provisions of the Agreement shall not be affected thereby, and each remaining
provision of this Agreement shall remain in full force and effect, to the fullest extent
permitted by law, unless contrary to the obvious intention of the Parties in respect of
the subject matter hereof, and the invalid, unenforceable or void term or provision
shall be deemed not to be a part of this Agreement.
6
15.
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 other Party.
16.
Termination.
Either Party shall have the right to terminate this Agreement at any time, with or without
cause, by providing to the other Party written notice not less than sixty (60) days in
advance of the effective date of such termination.
17.
Notice.
All notices required or authorized under this Agreement shall be in writing and sent by
certified mail return receipt requested, overnight courier, personal delivery, or facsimile
(if confirmed by certified mail, overnight courier, or personal delivery) to the addresses
indicated below, or such other address as either may indicate by at least ten (10) days
prior written notice to the other Party. Notice will be effective three (3) days after the date
sent
DEKALB COUNTY SCHOOL DISTRICT
ATTENTION:
SUPERINTENDENT
Dr. Devon Q. Horton
1701 Mountain Industrial Boulevard
Stone Mountain, GA 30083
VIEW POINT HEALTH
ATTENTION: CEO
Jennifer S. Hibbard, L.P.C.
175 Gwinnett Drive, Suite 260
Lawrenceville, GA 30046
7
18.
Liability.
Each Party will be responsible for the injury or property damage caused by negligent or
other wrongful act(s) or omission(s) of its own employees acting within the scope of
employment and subject to such limitations as may be prescribed by applicable laws.
Neither VPH, nor any of its employees or others providing services through VPH, shall
have any claims under this Agreement against the DeKalb County Board of Education
or the DCSD for vacation pay, sick leave, salary or other forms of compensation,
retirement benefits, social security, worker's compensation, disability benefits,
unemployment insurance benefits, or employee benefits of any kind.
19.
Insurance.
(1) On or before the Effective Date of this Agreement, VPH shall at VPH’s own expense
procure the insurance policies required pursuant to this Agreement, and shall furnish to
DCSD, to the attention of the Director of Risk Management, DeKalb County School
District, 1701 Mountain Industrial Boulevard, Stone Mountain, Georgia, 30083, certificates
of insurance evidencing such coverage, as set forth in further detail below.
(2) No placement will commence without the written statement of approval of insurance
coverage from the DCSD Risk Management Unit. VPH shall procure and maintain
throughout the Term of this Agreement, the policies of insurance providing coverage as
set forth herein and that shall protect DCSD, its officers, agents, and employees, as well
as the members of the DeKalb County Board of Education (“Board”), and their past,
present, and future officials, officers, employees, volunteers, assigns, and agents.
Hereinafter, DCSD, its officers, agents, and employees, as well as the members of the
Board and their past, present, and future officials, offers, and employees shall be referred
to as the “Indemnitees.” VPH shall protect the Indemnitees from any claims for bodily
injury, property damage, errors and omissions, or personal injury which may arise out of
VPH’s operations under this Agreement.
(3) VPH is required to maintain the following insurance coverage during the Term of this
Agreement:
8
(a) Workers Compensation Insurance in the amounts of the statutory limits
established by the General Assembly of the State of Georgia. VPH shall have the
ability to self-insure its required workers’ compensation coverage if VPH is an
approved self-insurer in the State of Georgia.
(b) Commercial General Liability Insurance to include coverage for property damage,
personal injury (including medical expenses and wrongful death) and contractual
liability. The Commercial General Liability Policy shall have dollar limits sufficient
to ensure that there is no gap in coverage between this policy and the excess or
Commercial Umbrella Policy required under this Agreement.
(c) Comprehensive Auto Policy to include but not be limited to liability coverage on
any owned, non-owned and hired vehicle used by VPH or VPH’s personnel in the
performance of this Agreement. The Comprehensive Automobile Policy shall have
dollar limits sufficient to ensure that there is no gap in coverage between this policy
and the excess or Commercial Umbrella Policy required under this Agreement. In
the event VPH does not own or lease any vehicles, this requirement may be met
by coverage for non-owned and hired vehicles being included under the
Commercial General Liability Policy.
(d) Professional Liability (Errors and Omissions) insurance coverage for professional
liability arising out of all processional services VPH proposes to provide.
(e) Commercial Umbrella or Excess Liability Policy, which must provide the same or
broader coverage than those provided for in the above Commercial General
Liability Policy and Comprehensive Auto Policy. Policy limits for the Commercial
Umbrella Policy or Excess Liability Policy shall have an annual aggregate limit not
less than $3,000,000.
(f) The foregoing insurance policies shall be obtained from insurance companies
approved to do business in the State of Georgia and companies acceptable to
DCSD.
(g) Under all coverage and certificates required hereunder, policies shall or be
endorsed to include the following terms and conditions:
i. All policies and coverage shall be on an “occurrence” basis and not on a
“claims made” basis.
ii. The foregoing policies shall contain a provision that coverage afforded
under the policies will not be canceled, or not renewed, or allowed to lapse
for any reason until at least sixty (60) days prior written notice has been
given to DCSD.
iii. Shall waive all right of subrogation against Indemnitees for losses arising
out of this Agreement.
iv. A severability of interest or cross liability clause or endorsement applies to
commercial general liability and excess liability policies.
9
v. Certificates of insurance showing such coverage to be in force shall be filed
with DCSD prior to commencement or continuation of any work under this
Agreement, as set forth further below.
vi. All such coverage shall remain in full force and effect during the Term and
any renewal or extension of this Agreement.
(h) Under coverage and certificates required under Paragraph 19(3)(b), (c), and (d)
above, policies shall be endorsed to include the following terms and conditions:
i. Minimum limits of $1,000,000 per occurrence, $3,000,000 in the annual
aggregate. Primary limits of coverage in the amount of $1,000,000 per
occurrence must be with insurers approved to conduct business in the
State of Georgia. Excess or umbrella liability insurance may be placed with
any insurer submitted by VPH, including captive or self-insured programs,
which the prior written approval of DCSD.
ii. Contractual liability coverage, specifically referencing this Agreement,
applies to liability assumed by the named insured.
iii. Shall include the Indemnitees as additional insured.
iv. Shall waive all right of subrogation against Indemnitees for losses arising
out of this Agreement.
v. A severability of interest or cross liability clause or endorsement applies to
commercial general liability and excess liability policies.
vi. Shall be primary and not excess to any other coverage provided by or
available to the Indemnitees.
(4) All certificates of insurance evidencing primary and excess layers of coverage shall be
renewed and kept current and up to date on an annual basis. The certificate of insurance
provided to DCSD and evidencing the insurance policies VPH is required to maintain
pursuant to this Agreement shall contain the following:
(a) Name and address of authorized agent;
(b) Name and address of insured;
(c) Name of insurance company;
(d) Description of coverage in standard terminology;
(e) Policy period;
(f) Policy Number;
(g) Limits of liability;
(h) Name and address of certificate holder;
(i) Acknowledgment to the DCSD of notice of expiration or cancellation
(j) Signature of authorized agent;
10
(k) Telephone number of authorized agent; and
(l) Details of policy exclusions applicable to this Agreement in comments section of
insurance certificate.
(5) VPH shall require any and all subcontractors performing work under this Agreement to
carry insurance of the types and with limits of liability as VPH shall deem appropriate and
adequate for the work being performed. However, the obligations of VPH to Indemnitees
assumed in this Agreement shall not be reduced or diminished by the standards set for
any subcontractors. Further, VPH agrees that its obligations to indemnify and insure the
Indemnitees, as set forth below in Paragraph 20, shall pertain to all losses arising out of a
subcontractor’s acts or negligence in the same manner and to the same extent as if
committed by VPH. VPH shall obtain and make available for inspection by DCSD, current
certificates of insurance evidence insurance coverage by such subcontractors.
20.
Indemnification and Hold Harmless.
VPH agrees to be responsible for the acts and /or omissions of its own agents and employees
performed within the scope of employment. VPH, a statutorily created public corporation of
the State of Georgia, cannot waive immunity conferred by the Georgia Constitution. VPH
maintains insurance coverage through the State’s risk management plan applicable to the
negligent acts and omissions of its officers and employees, which occur within the scope of
their employment by VPH. VPH has no coverage applicable to third-party acts or omissions
and can undertake no obligation that might create a debt on the state treasury.
21.
Re-evaluation/Renewal
On an annual basis, and at least ninety (90) days prior to the end of each year of this
Agreement, the Parties will 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 may: (1) agree to renew the Agreement for an additional one (1)
year term, on the same basis as the then current term; or (2) agree to renew the
Agreement for an additional one (1) year term, but upon different terms and provisions
to be agreed upon by the Parties and included as an amendment to this Agreement.
11
22.
Modifications in Writing.
This Agreement may not be changed, modified, amended, or altered except in a written
agreement signed by the Parties.
23.
Governing Law.
This Agreement shall be governed by, subject to and construed under the laws of the
State of Georgia.
24.
Force Majeure.
The Parties shall not be liable for any loss arising out of the delay or interruption of
performance of their respective obligations under this Agreement due to any act of God,
war, terrorism, civil disturbance, court order, or natural disaster.
25.
Venue
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.
26.
Entire Agreement
This Agreement constitutes the entire agreement between the Parties with respect
to the matters set forth herein and supersedes all prior, contemporaneous, written,
or oral negotiations, agreements, or understandings between the Parties regarding
such matters.
27.
Waiver
No failure or delay by the DCSD in exercising any right or remedy hereunder shall
operate as a waiver thereof, nor shall any single or partial exercise of any such right or
power, or any abandonment or discontinuance of steps to enforce such right or power,
or any course of conduct, preclude any other or further exercise thereof or the exercise
of any other right or power. The rights and remedies of the DCSD hereunder are
12
cumulative and are not exclusive of any rights or remedies which it would otherwise have
hereunder.
28.
No Violation.
The VPH Residential Facility represents and warrants that the execution of, and
performance under, this Agreement will not be a breach of, violation of, or conflict with
any other contract or agreement to which it is a party or subject.
29.
Headings/Interpretation of Agreement.
The headings contained in this Agreement are for convenience only and shall not affect
in any way the meaning or interpretation of this Agreement. The Parties agree that this
Agreement was fairly negotiated at arm's length, and neither Party shall be considered
to have been the drafter of the Agreement for purposes of any rules of construction.
30.
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.
This Agreement is entered into this 1st day of January in the year 2025.
DEKALB COUNTY SCHOOL DISTRICT
By:
Dr. Devon Q. Horton
As: Superintendent, DeKalb County School
District Date:
13
VIEW POINT HEALTH
By:
Print Name: Jennifer S. Hibbard, LPC
As: Chief Executive Office
Date: 08/29/2024
14