TO: Robert O’DonnellFROM: Deirdre Bauer, Jonathan Klingeman, Danielle Yoder, and Randy BrownRE: Preschool Partnership with Cen-ClearDATE: September 30, 2021_____________________________________________________________________________________

Recommendation:The administration recommends approval of a memorandum of understanding with Cen-Clear ChildServices, Inc. to provide a preschool program in the State College Area School District.

Background:The purpose of this agreement (MOU) is to describe the responsibilities of each agency and to provideguidance for coordination and cooperation between local education agencies and Head Start, in order tomeet requirements of the Elementary and Secondary Education Act (ESEA), as amended by the EveryStudent Succeeds Act (ESSA), requiring local education agencies (LEAs) receiving Title I funds to:

● Establish channels of communication between school staff and Head Start staff● Receive and transfer children’s records, enrollment, and parent communication● Conduct parent meetings with Head Start teachers and kindergarten or elementary school teachers● Organize and participate in joint transition-related training of Head Start staff, school staff, and

early childhood education staff, as appropriate● Link LEA educational services with Head Start agency services

SCASD resident qualifying students would most likely be transitioning to SCASD kindergarten programsnext year. Engaging with Cen-Clear will allow the district to provide a preschool program as a part of acomprehensive elementary school program and as a way of serving students in need of earlier access toschooling experiences. Offering a preschool program in our school(s) will continue to support ourstrategic plan initiatives of closing our achievement and opportunity gaps.

The district will not incur any additional staffing costs as the preschool teachers and support staff will befunded through the grants Cen-Clear received. The district will incur minimal residual costs, a portion ofwhich will be funded by grant funding.

The preschool classrooms will be housed in the Fairmount building for the current school year with thepossibility they would be located in a district elementary school in the future. The Fairmount locationwas selected for this school year due to uncertainty with student enrollment late into the summer. Duringthis first year, we plan to explore opportunities to collaborate with Cen-Clear in order to connect themwith additional programming allowing further enhancement of the students’ experiences.

The district is collaborating outreach with Cen-Clear to identify eligible students for enrollment in thesenew classrooms. The scheduled start date of the preschool program is October 25, with move in startingthe week of October 11th.

6.D.

MEMORANDUM OF UNDERSTANDING BETWEEN

STATE COLLEGE AREA SCHOOL DISTRICT AND

CEN-CLEAR CHILD SERVICES, INC.

State College Area School District (SCASD) and Cen - Clear Child Services, Inc. (CenClear) are committed to providing quality early care and education to preschool age children and to empower the families of those children so that they are well equipped to assist their children during their school years. Both parties recognize that a collaboration between them will ensure better coordination of services is provided to children and families. This agreement is for the purpose of coordinating mutually beneficial activities of the parties involved to provide effective services for children and families served. Purpose The purpose of this agreement is to describe the responsibilities of each agency and to provide guidance for coordination and cooperation between the State College Area School District (LEA) and CenClear (Head Start and Pre-K Counts provider). Further, this agreement will ensure compliance with requirements of the Elementary and Secondary Education (ESEA) as well as those of the Office of Head Start and the Pennsylvania Office of Child Development and Early Learning.

Establishment of Preschool Classrooms Both parties agree that the first step in such a collaboration will be the establishment of preschool classrooms operated by CenClear in conjunction with the District. These classrooms will create opportunities for CenClear to provide both Head Start classes that serve preschool age children residing in the State College Area School District. The parties hereto have set mutual goals for this collaboration, as follows:

● Enroll eligible children in the District in the Head Start program. ● Strengthen working relationships between CenClear staff and District personnel. ● Improve the school readiness of children transitioning from preschool to kindergarten. ● Identify new and innovative ways to share resources and reduce costs to both parties.

Compliance/General Terms and Conditions This Agreement shall be for a term commencing on October 4, 2021 and expiring on June 30, 2023 unless earlier terminated or extended as provided herein. This agreement may be extended annually given the mutual written consent of the parties not less than ninety (30) days prior to expiration of the then current term. CenClear shall have proper background checks completed prior to providing any services. Said background checks shall consist of, but not be limited to the Pennsylvania State Police Background Check (Act 34), the Pennsylvania Child Abuse History Clearance (Act 151) and the Federal Criminal History Record Information (CHRI) background check. The CHRI will be completed through the Pennsylvania Department of Education unless the LEA’s Human Resources Department approves the use of the Pennsylvania Department of Human Services process.

CenClear is responsible for obtaining, reviewing, approving and maintaining mandatory background clearances. In addition, CenClear will comply with the hiring, mandated reporter and all requirements of the Pennsylvania Child Protective Services Laws.

In addition to any and all other indemnification and remedies provided herein, CenClear agrees to defend, indemnify and hold harmless the LEA and its officers, directors, and employees from and against any and all damages, liabilities, obligations, losses, deficiencies, actions, costs (including reasonable attorneys' fees and expenses), demands, suits, judgments, or assessments ("Claims") arising out of (a) CenClear’s negligence in the performance of any Services; (b) any acts or omissions of CenClear, its employees, subcontractors, or agents in connection with the services hereunder; or (c) any breach of this Agreement by CenClear, its employees, subcontractors, or agents. In the event of any claim to which this indemnification applies, the LEA shall promptly notify CenClear of such claim, provided, however, the failure to give such notice shall not relieve CenClear from its indemnification obligations. This obligation shall survive termination or expiration of this Agreement.

Except where preempted by federal law, this Agreement will be enforced, governed by, and construed in accordance with the laws of the Commonwealth of Pennsylvania, excluding any choice of law principles that would cause the law of any other jurisdiction to be applied. The parties hereto agree that the proper and exclusive forum for any litigation of any disputes or controversies arising out of or related to this Agreement shall be the Court of Common Pleas of Centre County, Pennsylvania.

Either party may, without prejudice to any other right or remedy it may have, immediately terminate this Agreement, by written notice to the other party, if either of the following events occur: (1) either party materially breaches any provision of this Agreement and fails to cure such breach within ten (10) days of written notice of breach given by the other party; (2) either party becomes insolvent, makes an assignment for the benefit of creditors, files a petition for bankruptcy, becomes the subject of any receivership proceeding, or admits in writing its inability to pay its debts generally as they become due. In addition, either party may terminate this Agreement for convenience given sixty (60) days prior written notice. The LEA reserves the right to cancel and/or amend this Agreement in the event of a closure and/or a temporary shut-down. CenClear recognizes and acknowledges that the LEA is subject to certain federal and state statutes, rules, and regulations governing the LEA's operations, and that CenClear in performing certain services hereunder shall be subject to the LEA’s right to ensure that such services are in conformance with such statues, rules, and regulations notwithstanding anything herein to the contrary. This includes the guidelines and recommendations of the Centers for Disease Control and Prevention and the Pennsylvania Department of Health.

CenClear acknowledges that in the course of providing services, it or its authorized employees or subcontractors may receive or have access to personal information of individuals. CenClear acknowledges and agrees with the strong concern of the LEA regarding the protection and preservation of the privacy and confidentiality of individuals.

To the extent that CenClear receives or otherwise obtains access to information that is identifiable to a particular individual as a result of its activities, duties, or obligations hereunder, it agrees that it shall maintain any such information it obtains in strict confidence and shall use such information solely for the purpose of providing Services and for no other purpose whatsoever without that individual's consent.

CenClear shall perform this Agreement solely as an independent contractor, and not as the LEA's agent or employee, and shall be solely responsible for the payment of income taxes or other taxes or contributions which are imposed with respect to or measured by wages, salaries, or other compensation hereunder. CenClear hereby agrees to indemnify and save the LEA and its affiliates harmless against any and all such liability or claims therefore.

CenClear shall also be fully and solely responsible for the generation and dissemination of all required tax forms relating to its subcontractors or any other persons engaged by the CenClear pursuant to this Agreement. CenClear has no authority hereunder to make any statement, representation, or commitment of any kind on behalf of the LEA or to bind the LEA to the performance of any duties or to accept on behalf of the LEA any responsibilities.

Neither party shall hold itself out to third persons as purporting to act on behalf of, or serving as the agent of, the other party, except as contemplated by this Agreement. CenClear shall not be authorized to enter into any contract or agreement on behalf of the LEA without the express written authorization of the LEA.

Unless otherwise agreed to in writing, CenClear shall, at his own expense, carry and maintain during the performance of Services under this Agreement the following insurance with companies satisfactory to the LEA and in amounts no less than that specified herein:

1. Commercial General Liability insurance in an amount of not less than [$1,000,000], per

Claim and [$2,000,000] annual aggregate, covering premises and operations, independent contractors, bodily injury (including death), sexual abuse and molestation, personal injury, property damage including, and without limitation, all contractual liability for such injury or damage assumed by CenClear under this Agreement. LEA shall be named as additional insured as our interest may appear under the Commercial General Liability policy of insurance;

2. Professional Liability insurance in an amount of not less than [$1,000,000] per Claim if on a Claims Made form or per Occurrence if on an Occurrence form and [$1,000,000] annual aggregate, covering premises and operations, independent contractors, bodily injury (including death), personal injury, property damage including, and without limitation, all contractual liability for such injury or damage assumed by CenClear under this Agreement. The LEA shall be named as additional insured as our interest may appear under the Professional Liability policy of insurance;

3. Workers' Compensation in accordance with all federal and state statutory requirements (coverage must include all states in which operations are conducted) and Employer's Liability Insurance in an amount of not less than [$500,000] per accident for bodily injury and [$500,000] per employee/aggregate for disease;

4. Automobile Liability Insurance with a limit of not less than [$500,000.00] ; Commercial Automobile Liability insurance in an amount of not less than [$1,000,000] combined single limit covering bodily injury (including death) and property damage for all owned, hired and non-owned vehicles used by Dentist. District shall be named as additional insured as our interest may appear under the Automobile Liability policy of insurance; and

5. Umbrella Liability Insurance with respect to Workers' Compensation, Commercial General Liability, and Commercial Automobile Liability in an amount of not less than $1,000,000. District shall be named as additional insured as its interest may appear under the Umbrella Liability policy of insurance.

The insurance company(ies) issuing the policies for such insurance coverage must have at least an A- rating from AM Best. Dentist agrees to provide District with certificates of insurance evidencing the foregoing coverage. Such certificates should indicate any deductible and/or self-insured retention and stipulate that the insurance will not be canceled while this Agreement is in effect 30 days' prior written notice to the District. Dentist also agrees to have the District named as an additional insured on its Commercial General Liability Policy as its interests may appear in connection with this Agreement. Dentist further agrees to ensure that all subcontractors it retains in connection with a Project maintain adequate insurance coverage with respect to the Services to be performed under this Agreement and/or an approved Project Authorization. Specific Terms and Conditions by Program For preschool programming , the parties agree to the following specific areas of collaboration: ● Establish two classrooms within the State College Area School District that each consist of

one full day class of children (20 maximum per class) who meet the qualifications for the programs. Both parties understand that children must be enrolled according to funding stream regulations. The classrooms will consist of Head Start students .

● The District agrees to provide the following resources in support of the preschool classrooms:

○ Classroom space. ○ Access to school facilities, including the library, playground, and gymnasium. ○ Access to Internet connectivity.

● CenClear agrees to provide the District a monthly stipend of $200 per month per classroom (12 months) to help defray the costs for utilities , janitorial services and related costs. These stipends will be paid on an annual basis, typically in February of each year.

● The District also agrees to work with CenClear to ensure that all state and local regulations and requirements are met at all times.

● B oth parties agree to establish and maintain open channels of communication and have designated the following individuals as authorized points of contact:

■ Amy Wible, Child Development and Disabilities Coordinator ■ Danielle Yoder, Acting Assistant Superintendent ■ Randy Brown, Finance and Operations Officer

Transition Activities

● CenClear representatives will meet with local District representatives to identify procedures and protocols to discuss the educational and other needs of children transitioning from Head Start to the District. Details are outlined in the Individualized Transition Plan.

● Designated CenClear staff, including teachers, will work with the District staff to effectively transition children and families to kindergarten. Specific strategies are outlined in the Individualized Transition Plan.

● CenClear and the District will compile, transfer and utilize records as outlined in the Individualized Transition Plan. Records will be shared with the school district no later than May 31st.

● The school district and CenClear will jointly coordinate an annual meeting with families and district staff to discuss the development and other needs of individual children. Other local early childhood education programs could be included in this meeting as appropriate.

● Joint transition-related professional development will occur between the school district and CenClear and other local early childhood providers. This will occur as professional development opportunities arise. Events could include face-to-face training, consultation and meetings. The primary points of contact or their designees will actively participate in the planning for this training. Details are outlined in the Individualized Transition Plan.

Additional Areas of Collaboration ● Both parties agree to share additional professional development opportunities with the

other party. ● CenClear and the District will collaborate on recruitment of children. ● CenClear and the District will work toward aligned practices for Positive Behavior

Interventions and Supports (PBIS). ● The District will include Head Start families in scheduled Family Activities. CenClear will

encourage and support family participation in these activities. ● Both parties will encourage and support ongoing professional discussions between District

Kindergarten staff and CenClear Head Start staff. ● Both parties further agree that this collaboration is a beginning step toward a full

collaborative preschool program for all children, and agree to work toward this broader goal by exploring additional ways to leverage and share resources.

Individualized Transition Plan for State College Area School District Elementary Schools

Communication Communication regarding the scheduling of transition meetings will occur between the E lementary Principal and the CenClear Case Manager. Transfer of Child Records ● CenCle a r will obtain annual consents to exchange information with the District. ● The CenClear Case Manager will transfer records to the District by May 31 s t. ● The District will assure that records are shared with the appropriate teachers/staff.

Transition Meetings ● An annual meeting will occur in the spring between CenClear teachers/staff and SCASD

teachers/staff. ● An annual meeting will occur between the CenClear teacher, parent(s) and SCASD

employees. Once the date is established, CenClear staff will schedule the meetings and will work closely with parents to assure attendance at the meeting.

○ A meeting agenda will be provided ○ Attendance will be taken at each meeting ○ Documentation of the meeting will occur

Professional Development Opportunities ● As appropriate, the District and CenClear will share professional development

opportunities with each other ● The District and CenClear will coordinate opportunities for staff to network in an effort to

coordinate and align services

Cen - Clear Child Services, Inc. State College Area School District

______________________________________ ______________________________________ S i gnature Date S i gnature Date