ORDER N0.29163 Kerr County Juvenile Facility Kerrville ISD Expelled Students Came to be heard this the 9~' day of May 2005, with a motion made by Commissioner Letz, seconded by Commissioner Baldwin. The Court unanimously approved by a vote of 4-0-0 the contract with Kerrville ISD and Kerr County Juvenile Facility regarding the educating of KISD expelled students at KCJF and authorizes the County Judge to sign it. l ,( CP COMMISSIONERS' COURT AGENDA REOUEST ~ ~ /'~~ PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REOUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: ~P~C,~lCy f~A~2~ MEETING DATE: s/9/~ ~ OFFICE: ~c,1 /" TIME PREFERRED: N/~ suBJECT: C,~sT-bEiZ A~ib !~-t's~u~s ?s~E A~P~o JAS B-~ e~r~,e a~~- l.~ZT}f ,~ER,211SLLE ~'.S ~. i7x~D /t'ERl2 L'ouvryJuUE~.IrLG ~A~c.Z~[-sTy oP~6•QRDI'N6 ~E Fbucg~TS-.UG of iE'16t~ ~X~C~/cb v'77~bCNrs ~?T XcJ!'= ~~D ~slv~ ~ouNry Jv~6C SSGN Sl~rlic. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) )(J~~ NAME OF PERSON ADDRESSING THE COURT: x~',JF AT'~Q.EC Tai ESTIMATED LENGTH OF PRESENTATION: o? I79S)JUTES IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towazds you request being addressed at the eazliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. Kerr County Commissioners Court Order 29163 2004-2005 MEMORANDUM OF UNDERSTANDING KERB COUNTY JUVENILE DETENTION FACII,ITY AND KERRVILLE INDEPENDENT SCHOOL DISTRICT This Memorandum of Understanding (MOU) is an agreement entered into by and between the Kerr County Juvenile Detention Facility (KCJDF) and the Kerrville Independent School District (KISD or school district). Whereas, the KCJDF is operated and managed by Kerr County, subject to the certification of the Ken County Juvenile Boazd; Whereas, the Ken County Juvenile Board has approved the programs, policies and procedures under which Kerr County Manages the KCJDF; Whereas, the KISD has responsibility to educate students in the KCJDF, and; Whereas, the KISD desires to also educate students who have been expelled at the KCJDF: and Whereas, the KCJDF agrees to accept for education students that have been expelled; and Whereas, the KCJDF and KISD desires to memorialize this agreement including educating expelled students. Now, therefore the parties agree as follows: I. PURPOSE It is the intention of the parties that this agreement comply with all state statutes and local code, I) This agreement outlines the responsibilities of KCJDF in operating the KCJDF relating to expelled students; 2) defines the amounts and conditions of payments from the school district to the KCJDF for expelled students; 3) identifies the school district's educational duties at KCJDF; 4) establishes a transportation plan. II. SCOPE This agreement applies only to expelled students referred to KCJDF by KISD or by other school districts. It does not apply to students already detained in the KCJDF. III. TERM The term of this contract is for a period commencing on the 17th day of May 2005 and terminating on the 30th day of September 2005. This Agreement shall renew automatically each year on September 30'h of each year and shall be for a term of one calendar year, unless notice is sent to the other party prior to thirty days before September 30w of that year of the party's intent not to renew. The KCJDF and the school district may modify this agreement under the terms specified in a written addendum to be signed by both parties. IV. TERMINATION This agreement may be terminated without cause by either party upon thirty calendar days written notice to the other party. V. FACILITIES KCJDF agrees to provide a classroom, a daily student lunch meal per student, storage space for student materials, appropriate rest room facilities, and teacher access to a telephone. KCJDF agrees to provide school district staff reasonable access to said facilities. The school district agrees that KC7DF is operated as a detention facility and as such requires reasonable notice of desired access. VI. FEES For each expelled student educated at KCJDF the KISD agrees to pay the amount of $19.77 per day of attendance at KC7DF. VII. EDUCATIONAL INSTRUCTION KISD agrees to provide the teacher(s) for instruction, all books and educational materials, audio/visual equipment, paper supplies and any other materials and supplies required for instruction. It is the sole responsibility of KISD to provide any special education services. If a student has been identified as a second language learner, whether general or special education, the school district is solely responsibility for providing appropriate educational services. School district personnel are responsible for the generation and care of all educational records. VIII. TRANSPORTATION For purposes of this memorandum, KISD agrees to be responsible for transporting its expelled students to and from KCJDF. The KCJDF shall not provide vehicles, insurance, drivers or have any responsibility for transporting students. IX. DISCIPLINE The school district is responsible for discipline in the class room. KCJDF personnel will only intervene to aide the teacher in a situation whereby it is necessary to prevent the student's injury to self or another. In the event a student leaves the facility in an unauthorized manner, KCJDF personnel will not restrain said student. X. PARTIAL INVALIDITY If any provision, section, clause or phrase of this agreement, or the application of same to any person or set of circumstances, shall for any reason be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions hereof shall continue in full force and effect. XI. INTEGRATION This agreement, together with any attached instruments incorporated by reference, contains the entire agreement between the parties with respect to the subject matter hereof. No other agreement, statement, or promise made by or to any employee, officer, official, or agent of any party, that is not contained herein shall be in force or effect. Any modifications to the terms hereof must be in writing and signed by the parties. XII. AUTHORITY By signing this memorandum of understanding the signators hereby warrant that they have authority to execute this agreement and any governmental body approval necessary has been taken properly posted meeting in compliance with the Open Meetings Act. Executed this the 17a' day May of 2005. By: \ ~ K ounty udge By: Boazd President Kerrville Independent School District