Board approves behavior-support contract pending language changes to protect district and student records

The board discussed a proposed contract with an external behavior-support provider connected to a state grant intended to provide board-certified behavior analysts and capacity-building for special-education staff.

Staff said they had received "oral confirmation" that the grant is approved but not written approval yet and walked the board through key contract provisions. Several members raised concern about a clause (referred to by members as "number 11") that the contractor and some language could make certain information, documents and materials (including behavior intervention plans, charts and session notes) the provider's proprietary material. A board member asked whether behavior intervention plans, which are typically part of a student's federally protected IEP, could be restricted. One member said: "A behavior intervention plan ... is part of an IEP ... that belongs to the student, the entity which is the school."

Legal counsel indicated the contract contained adequate liability and hold-harmless language, and staff proposed seeking clarifying edits to the contract to ensure the district retains necessary access to student plans and data. The board voted to approve the contract subject to the vendor agreeing to contract language changes that protect the district's rights to IEP-related documents and to the grant officer's written approval.