LOU MCSO AND MCSS JAIL EDUCATION 3.19.20.PDF

Maricopa County — Formal (2020-04-08)

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LETTER OF UNDERSTANDING
BETWEEN
THE MARICOPA COUNTY SHERIFF'S OFFICE
AND
THE MARICOPA COUNTY SCHOOL SUPERINTENDENT'S OFFICE
C-50-20-_____-3-00

This Letter of Understanding (“LOU”) is made by and between the Maricopa County Sheriff's
Office, hereinafter referred to as "MCSO", and the Maricopa County School Superintendent's
Office, hereinafter referred to as "MCSS" (collectively the “Parties”), to set forth the Parties’
agreement in conformance with A.R.S. §15-913.01(A) with respect to the method of delivery of
the MCSO’s county jail education program.
Pursuant to A.R.S. §15-913.01, the provision of an educational program to appropriate MCSO
inmates is a shared responsibility and the Parties will work cooperatively to address the
administrative and financial issues associated with this effort.
The following demonstrates the Parties understanding of their roles and relationships regarding
the method of delivery of the MCSO’s county jail education program.

Term and Termination

1.
This LOU shall commence on July 1, 2020 and shall expire on June 30, 2025.

This LOU may be terminated for any reason by any party upon thirty (30) days

written notice of all parties. Notice of termination must be given in writing and

delivered personally, or sent by certified mail, to the designated representative.

2.
The LOU represents the understanding of the parties in its entirety regarding the

issues addressed in the LOU and supersedes any previous understanding of the

parties regarding the issues addressed in this LOU. There are no representations

or other provisions regarding these issues other than those contained in this LOU,

and any amendment or modification of this LOU shall be made only in writing

and signed by the Parties.

3.
Notice is given that pursuant to A.R.S. § 38-511 the Parties may cancel any

Agreement without penalty or further obligation within three years after execution

of the Agreement, if any person significantly involved in initiating, negotiating,

securing, drafting or creating the Agreement on behalf of the Party is at any time

while the Agreement or any extension of the Agreement is in effect, an employee

or agent of any other party to the Agreement in any capacity or consultant to any

other party of the Agreement with respect to the subject matter of the Agreement.

Additionally, pursuant to A.R.S § 38-511 the Parties may recoup any fee or

commission paid or due to any person significantly involved in initiating,

negotiating, securing, drafting or creating the Agreement on behalf of the Parties

from any other party to the Agreement arising as the result of the Agreement.

A.
Joint Responsibilities

1.
The Parties agree to convene an advisory panel as needed to consist of two MCSO
and two MCSS staff members to support effective decision-making regarding
curriculum and assessment, accreditation, teacher quality, standards-based
instruction and effective educational practices.

2.
The MCSS will act as the MCSO’s Local Education Agency ("LEA") and as such
the MCSS will act as the MCSO’s fiscal agent for the purposes of obtaining funds
for the MCSO education program and will facilitate efforts in applying for,
receiving, and transferring all available educational entitlement funding on behalf
of the MCSO in a reasonably timely manner.

3.
The parties will collaborate to ensure compliance with the Uniform System of
Financial Records (“USFR”) and all federal statutes and regulations relating to the
acceptance and use of federal funds for the MCSO’s educational program.

4.
The MCSO will, on a yearly basis, prepare an Arizona Department of Education
(“ADE”) General Statement of Assurance (“Statement”) (the current version of
which is attached hereto as Exhibit A). The MCSS and MCSO will timely sign
the Statement as equal signatories. After signing the Statement, the MCSS will
timely return the document to the MCSO for submission to the ADE. The parties
agree to abide by the terms of the Statement whenever state or federal funds are
accepted for use in the MCSO’s county jail education program.

5.
The parties agree to adhere to the ADE’s grant management requirements and
agree to share appropriate information and data as reasonably required for grant
management processes.

6.
Each party shall comply with all applicable laws, ordinances, Executive Orders,
rules, regulations, standards, and codes of federal, state and local governments
whether or not specifically referenced in this Agreement.

7.
Both parties will ensure that the dissemination and disposition of educational
records always complies with the Family Educational Rights and Privacy Act of
1974 and any subsequent amendments thereto.

B.
MCSO’s Role

1.
The MCSO accepts responsibility for the administrative duties associated with its
county jail educational program while (a) adhering to federal and state education

standards in an adult jail environment, and (b) recognizing that criminal justice
mandates that the care, custody, and control of inmates take priority over
educational services.

2.
The MCSO accepts responsibility for operation of the MCSO educational
program in accordance with MCSO Policies and Procedures, the Operations
Manual for Education (currently Section 300 et.seq., a current copy of which is
attached hereto as Exhibit B) and MCSO’s Inmate Rules and Regulations. The
parties realize that all MCSO policies, procedures, standards, manuals and rules
are subject to future revision at the MCSO’s sole discretion. The MCSO will
provide MCSS notice of any future revisions to the MCSO Polices and
Procedures, the Operations Manual for Education, and the Inmate Rules and
Regulations.

3.
The MCSO will make best efforts to operate the MCSO county jail education
program in an effective and efficient manner and will develop staffing based on
appropriate student-to-teacher ratios, recruit and hire necessary staff, establish and
implement personnel policies; provide staff training; maintain required official
records and provide necessary equipment, materials and class space (or inmate
access for individual services, as needed).

4.
The MCSO shall annually set the education program budget as part of the regular
Maricopa County budget cycle.

5.
The MCSO shall provide the Education Section with a minimum of three (3)
Education Escort Officers, utilities, computer equipment and support, and other
necessary technology for the classrooms.

6.
The MCSO shall annually submit to the MCSS a school calendar and proposed
hours of instruction.

7.
The MCSO shall maintain, the established juvenile transition program as part of
the curriculum.

8.
The MCSO shall maintain/refine a records transfer policy and procedure for the
transfer of educational records of the incarcerated students as required by A. R. S.
§ 15-913.01(B).

C.
MCSS’s Role

1.
The MCSS recognizes the MCSO’s inmate education program fund as the County
Jail Education Fund required by A.R.S. §15-913.01(D). That fund will continue
to be used to receive and provide direct financial support to the MCSO county jail
education program.

2.
The Chief Deputy Superintendent or designee will be responsible for coordinating
efforts and developing procedures to fulfill agreed upon functions between the
MCSS and the MCSO for the county jail education program, including, but not
limited to, the following:

a.
The Chief Deputy Superintendent or designee will facilitate the
application, management, and administration of federal and state
entitlements, grants, and other funds available to LEA's, the
MCSO, and the MCSS. The MCSS will provide the MCSO with
an annual calendar for grants management activities and provide
the MCSO with any training necessary for the grant management
process.

b.
The Chief Deputy Superintendent or designee will assist the
MCSO in the ongoing development and implementation of
curricula and instructional program that are aligned with applicable
state and federal statues and regulations and that meet the needs of
students receiving services of the MCSO county jail education
program.

3.
The MCSS shall collaborate in development/revision of records transfer policy
and procedure for the transfer of educational records of the incarcerated students
as required by A. R. S. § 15-913.01(B).

4.
The MCSS shall submit to the ADE the yearly County Jail Education Program
Claim Form within thirty (30) days of receipt or return it to the MCSO with noted
deficiencies within thirty (30) days of receipt. If the Form is returned with noted
deficiencies, the MCSO will respond to the deficiencies as reasonably appropriate
within thirty (30) days. All other documents exchanged between the parties
pursuant to the LOU will be returned, filed or responded to, as appropriate, in a
timely manner.

D.
Third Party Beneficiaries
The provisions of this LOU govern the understandings and responsibilities of the Parties to the
LOU and are not intended to confer any right, entitlement, privilege or benefit on any other
person, entity or organization.
E.
Incorporation by Reference and Invalidity
The parties agree that should any part of this LOU be held to be invalid or void, the remainder of
the LOU shall remain in full force and effect.

F.
Funding Source
All funds received by the MCSS from the federal government, the State of Arizona, the ADE,
Maricopa County or any other source for the purpose funding in whole or in part the MCSO
Education Program shall be immediately deposited into the County Jail Education Fund for
timely dispersal to the MCSO.
G.
Non-Availability of Funds
Every transfer of funds under this LOU is conditioned upon the availability of funds appropriated
or allocated. If funds are not allocated and available for the continuance of this LOU, this LOU
may be terminated at the end of the period for which funds are available. The Parties shall not be
obligated to make any transfer of funds or for any damages as a result of termination under this
paragraph.
H.
Notice
All notices, request for transfers of funds or other correspondence between the parties regarding
this LOU shall be mailed or delivered personally to the respective party at the following
addresses:
SHERIFF:
Paul Penzone
Maricopa County Sheriff
550 West Jackson St.
Phoenix, Arizona 85003

SUPERINTENDENT:
Steve Watson
Maricopa County School Superintendent
4041 N. Central Avenue, Suite 1200
Phoenix, AZ 85012

I.
Waiver
The parties to this agreement acknowledge that they are aware that the Civil Services Division of
the Maricopa County Attorney’s Office (Civil Division) may be chosen as the attorney for other
parties to this agreement, and the signing party acknowledges that it is aware of a potential
conflict of interest, and it waives any claim of conflict of interest, which may arise by virtue of
Civil Division’s representation of other parties to this agreement.

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LOU for Jail Education

IN WITNESS WHEREOF, the parties have executed this LOU on the date written below:

Maricopa County Sheriff’s Office

Maricopa County Superintendent of Schools

________________________________
____________________________________
Paul Penzone Date Steve Watson Date
Sheriff Superintendent of Schools

Maricopa County Board of Supervisors

_______________________________
Clint Hickman Date
Chairman

ATTEST:

_______________________________
Fran McCarroll Date
Clerk of the Board

Pursuant to A.R.S. § 11-952, the Maricopa County Attorney’s Office has determined that
this Intergovernmental Agreement is within the powers and authority granted under the
laws of the State of Arizona.

_______________________________
Deputy County Attorney Date