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JFABA - Privately-Placed, Non-Resident Student Tuition Agreement

  • Section J: Students

JFABA - Privately-Placed, Non-Resident Student Tuition Agreement
RSU 21

WHEREAS, ________________________ (the “Parents”) desire to have their
child, ___________ (the “Student”), attend RSU 21 (the “District”) schools for
the 20__-__school year; and

WHEREAS, the Parents reside outside RSU 21 and the student has no legal right
to attend District schools; and

WHEREAS, RSU 21 has no duty, legal or otherwise, to provide educational
services of any kind to the Student, other than as provided in this Agreement;

NOW, THEREFORE, RSU 21 and the Parents hereby agree as follows:

The Parents agree to pay to RSU 21 tuition in the amount of $__________ for the
Student’s attendance at ___________________ for the 20__-__ school year.

The District agrees to enroll the Student as a privately-placed, non-resident, tuition
student for the 20__-__ school year under the terms of this Agreement.

This Agreement terminates on the last student day of the 20__-__ school year, and all
District obligations under this Agreement end on that date, unless the Agreement is
terminated earlier as described herein.

As a private, non-resident student in good standing in District schools, the Student is
entitled to the following: (1) access to the District’s regular classes and co-curricular
and extracurricular programs; (2) the provision of any reasonable accommodations
the District’s Child Study Team (CST) determines the Student requires (in
accordance with Paragraph 6 below) in order to successfully participate in the regular
education program, as long as those accommodations do not result in a substantial
increase in costs to the District; and (3) access, on a space-available and personnel
available basis (in accordance with Paragraph 11 below), to existing, in-District
special education programs and services that the CST determines the Student requires
in order to successfully attend District schools.

The Parents agree that the District has no obligation to provide a free appropriate
public education (FAPE) to the Student under either the Individuals with Disabilities
Education Act (IDEA) or Section 504 of the Rehabilitation Act, and the Parents
acknowledge that the Student has no right to a FAPE while attending District schools
and that the District will not implement an Individualized Education Plan (IEP) or
504 Plan that was developed for the Student in any former school or district. The
Parents further acknowledge that a FAPE remains available to the student in the
school district in which the Student and the Parent(s) reside.

All decisions regarding whether the Student has a disability under Section 504, and, if
so, what accommodations, supports, or services the Student requires in order to
successfully participate in District schools will be made by a group of persons
knowledgeable about the Student, the CST, and only after an individual assessment of
the Student’s needs.

The Parents agree that if the CST determines that the Student with a disability
requires special education services and/or related services to successfully participate
in District schools, the student is entitled to access such services only on a space-
available and staff-available basis, and only within existing, in-District programs and
from personnel currently employed at that time by the District.

Decisions regarding the availability of space for privately-placed, non-resident tuition
students in existing, in- District programs will be made by the Superintendent or
designee. When determining whether space is available for a non-resident student in
any District program, 20% of the total spaces in each program will be reserved at all
times for resident students and a program will be considered “closed” to new non-
resident students when 80% of the spaces in the program are filled. Staff will be
considered available to the student only if the staff member is serving no more than
80% of his/her maximum case load. The District shall never have a duty to hire
additional staff or serve the Student or to assign a current staff member to the
exclusive use of the student, and shall never have a duty to serve the Student in any
educational program outside of the high school.

The District will not accept or continue to enroll a student who, in the determination
of the Superintendent or designee, requires special education and/or related services
beyond those to which the Student is entitled under the terms of this Agreement.

The tuition charges specified in Paragraph 1 shall be payable in four equal payments,
which shall be paid in advance of the first day of each quarter: (list dates). The
Parents agree that, in the event of a default in the timely payment of the tuition as set
forth in this Agreement, and if the District allows the Student to continue to attend
District schools, all payments which are in arrears shall accrue interest at a rate of
18% per year until paid in full, and the Parents further agree to pay, in addition to the
principal and interest, all costs of collection, including reasonable attorney’s fees.

All admission decisions will be made by the Admissions Committee, with an
opportunity for appeal to the Superintendent, whose decision is final, and the District
reserves the right to deny enrollment to any private, non-resident student for any
reason not prohibited by federal or state non-discrimination statutes or regulations.

Privately-placed, non-resident tuition students are subject to the same enrollment
requirements as resident students (age, immunizations, etc.).

The District will only enroll students who are in good academic and disciplinary
standing in the school they last attended. The District will not enroll any non-resident
student who is under suspension or expulsion from another district or school or who,
in the opinion of the Superintendent or his/her designee, has a history of conduct
involving dangerous behavior or affecting the safety of the school in any way.

The Parents agree to provide transportation for the Student to and from school.

Private, non-resident students will be subject to the same policies and rules of conduct
as resident students and the District reserves the right to take disciplinary action, up to
and including termination of enrollment in District schools, in response to misconduct
by a non-resident student. Any private, non-resident tuition student whose enrollment
is recommended to be terminated for disciplinary reasons prior to the end of the
school year has the right to a hearing before the RSU 21 school board, as described in
20-A M.R.S.A. § 1001(9). The decision of the school board is final.

This Agreement may be terminated for the reasons specified herein. If the District
terminates the Agreement prior to the end of a quarter, the District will reimburse the
Parents a pro-rata share of any tuition already paid for any days remaining in the
quarter after the termination date.

This Agreement sets forth the entire agreement between the parties hereto and fully
supersedes any and all prior agreements and understandings, whether oral or written
between the parties pertaining to the subject matter of the Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the date indicated.

_______________________________________ ____________________
Parent                                                                    Date
_______________________________________ ____________________
Parent                                                                    Date

For RSU 21, by

_______________________________________ ____________________
Superintendent                                                      Date

  • Section J