R277-115-3. 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 the provisions of 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; and

  (f) maintain documentation of the LEA's supervisory activities consistent with the LEA's administrative records retention schedule.

  (2) An LEA shall:

  (a) verify the accuracy and validity of a student's enrollment verification data, prior to 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) The Board or the Superintendent may require an LEA to repay public funds to the Superintendent if:

  (a) the LEA fails to comply with the provisions of this rule; and

  (b) the repayment is made in accordance with the procedures established in R277-114.