Private Service Providers/Consultants
The RISE Charter School encourages the use of private service providers and professional consultants as resource individuals when such consultative services will be helpful in the improvement of the educational program of the RISE Charter School. The RISE Charter School, through the Executive Director as its designee, may enter into contracts with private service providers and/or consultants to provide necessary services to students.
Services provided by a private service provider/consultant (hereinafter referred to as “PSP”), and the frequency and duration of such services, shall be pursuant to the terms of the contract between the PSP and the RISE Charter School as well as any applicable provisions of the RISE Charter School’s approved Charter. Any contract the RISE Charter School enters into with the PSP shall provide the responsibility for eligibility determination, choice of educational methodology, and other determinations of educational services and programs which shall be retained at all times by the RISE Charter School.
Prior to being hired, the PSP shall undergo a background check in the same manner as any new employee or volunteer of the RISE Charter School. The same requirements shall apply to the PSP.
The Executive Director or designee shall conduct periodic reviews of the services of the PSP. The Board may request that the Executive Director provide the Board with the review findings of the PSP.
Consultants shall exercise no authority over the work of RISE Charter School employees, but shall act only as advisors in those fields in which they are qualified to offer assistance and for which they are employed.
Compensation
PSP compensation shall be approved by the Board prior to invitation and arrangement for visitation by such person or persons to the RISE Charter School except when such compensation is within the amount specifically budgeted. If reimbursement is obtained through Medicaid, the PSP shall agree in the contract that those services will not exceed the approved Medicaid rate.
All consultants shall be hired based on a written contract which shall not exceed 12 months.
Confidentiality
The PSP shall at all times maintain confidentiality pursuant to the Family Educational Records and Privacy Act (FERPA) and the applicable provisions of Section 33-133, Idaho Code of all records of services, including, but not limited to, identifying information regarding the student and services, observations, evaluations, and assessments.
Further, consistent with the provisions of Section 33-133, Idaho Code, the RISE Charter School shall ensure that when entering into contracts that govern databases, online services, assessments, special education, or instructional supports with private vendors they shall include in each such contract a provision that private vendors are permitted to use aggregated data; or an individual student’s data for secondary uses, but only if the vendor discloses in clear detail the secondary uses and receives written permission from the student’s parent/legal guardian. The contract shall also include either of the following:
1. A prohibition on any secondary uses of student data by the private vendor including, but not limited to, sales, marketing, or advertising, but permitting the private vendor to process or monitor such data solely to provide and maintain the integrity of the service; or
2. A requirement that the private vendor disclose in detail any secondary uses of student data, including, but not limited to, sales, marketing or advertising, and the Board shall obtain express parental consent for those secondary uses prior to deployment of the private vendor’s services under the contract.
Definition
Private service provider or consultant means a person, group, agency, or organization that meets the following conditions:
1. Is not an employee of the RISE Charter School or a public agency with legal jurisdiction over the circumstances related to the provider/consultant’s involvement with the student; and
2. Is paid for services provided to the student.
Examples of private service providers include psychologist, counselor, targeted service provider, behavioral therapist, speech therapist, occupational therapist, physical therapist, social worker, and psychosocial rehabilitation specialist.
Examples of consultants include attorney, auditor, architect, agents of record, and others with technical skills or professional training.
Cross References:
4600 Volunteer Assistance
4420 Sex Offenders
5110 Criminal History/Background Checks
Legal References:
20 U.S.C. § 1232g, et seq. Family Education Right to Privacy Act (FERPA)
34 C.F.R. Part 99 Implementing FERPA
I.C. § 33-133 Idaho Student Data Accessibility, Transparency, and Accountability Act
I.C. § 33-5210(3) Application of School Law - Accountability - Exemption from State Rules
Policy History:
Adopted on: July 12, 2021
Revised on:
Reviewed on: