Utah Admin. Code R277-115-4 - Third Party Provider Provision of Services
(1) An LEA that contracts with a third party
provider to provide an educational good or service on behalf of the LEA shall:
(a) require in the LEA's contract with a
third party provider that the third party provider shall provide, upon request
of the LEA, information necessary for the LEA to verify that the educational
good or service complies with:
(i) Titles
53E, 53F, and 53G; and
(ii) Board
rule;
(b) establish
monitoring and compliance procedures to ensure that a third party provider who
provides educational services to a student on behalf of the LEA complies with
this rule;
(c) develop a written
monitoring plan to supervise the educational good or service provided by the
third party provider;
(d) ensure
the third party provider is complying with:
(i) federal law;
(ii) state law; and
(iii) Board rules;
(e) monitor and supervise all activities of
the third party provider related to the educational good or service provided by
the third party provider to the LEA;
(f) maintain documentation of the LEA's
supervisory activities consistent with the LEA's administrative records
retention schedule; and
(g) review
the plan described in Subsection (c) and any documentation of supervisory
activities with the LEA's audit committee no less than annually.
(2) An LEA shall:
(a) verify the accuracy and validity of a
student's enrollment verification data, before enrolling a student in the LEA;
and
(b) provide a student and the
student's parent or guardian with notification of the student's enrollment in a
school or program within the LEA.
(3) In accordance with Section
63A-12-103, an LEA shall maintain
records documenting:
(a) services provided by
third party providers; and
(b)
payments made to third party providers.
(4) In the event an LEA cancels a contract
with an educational service provider, the LEA shall:
(a) continue to provide educational goods or
services to enrolled students for the rest of the school year; and
(b) notify parents of the following
information:
(i) the planned elimination of
the specific educational good or service provided by the educational service
provider;
(ii) the status of the
student's enrollment; and
(iii)
any steps required of a student to transfer or unenroll.
(5) When an LEA terminates a
contract with an educational service provider, the LEA may incur a loss of hold
harmless funds for the loss in student count the next fiscal year.
(6) An LEA has direct and full responsibility
for all actions of its third party providers and the third party provider's
employees for actions performed in the scope of services provided on behalf of
the LEA.
Notes
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