MCESA SIGNED AGREEMENT FY2016.PDF
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LETTER OF UNDERSTANDING
BETWEEN
THE MARICOPA COUNTY SHERIFF'S OFFICE
AND
THE MARICOPA COUNTY SCHOOL SUPERINTENDENT'S OFFICE (MCESA)
This Letter of Understanding ("LOU") is made by and between the Maricopa County Sheriffs
Office, hereinafter referred to as "MCSO", and the Maricopa County School Superintendent's
Office, hereinafter referred to as "MCESA" (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.
A.
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, 2015 and shall expire on June 30, 2020.
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.
B.
Joint Responsibilities
1.
The Parties agree to participate in an advisory panel, to consist of two MCSO and
two MCESA staff members, to support effective decision-making in regards to
curriculum and assessment, accreditation, teacher quality, standards-based
instruction and effective educational practices.
2.
The MCESA will act as the MCSO' s Local Education Agency ("LEA") and as
such the MCESA 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 Statement will be signed by the
President of the Maricopa County Board of Supervisors. The MCESA and
MCSO will also timely sign the Statement as equal signatories. After signing the
Statement, the MCESA 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 complies at all times with the Family Educational Rights and Privacy Act
of 1974 and any subsequent amendments thereto.
C.
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
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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 MCESA 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 security services, furniture, computer support, utilities
and custodial/cleaning services for the classroom areas.
6.
The MCSO shall annually submit to the MCESA a school calendar and proposed
hours of instruction.
7.
The MCSO shall maintain, refine and enhance the juvenile transition program as
part of accreditation process.
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).
D.
MCESA' s Role
1.
The MCESA 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
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MCESA 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 MCESA. The MCESA 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.
c.
The Chief Deputy Superintendent or designee will assist in efforts
of the MCSO Education Program to gain accreditation status via
AdvancED.
3.
The MCESA agrees to assist in enhancement and refinement of a juvenile
transition program as part of MCSO's accreditation process.
4.
The MCESA 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).
5.
The MCESA 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.
E.
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.
F.
Incorporation by Reference and Invalidity
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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.
G.
Funding Source
All funds received by the MCESA 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.
H.
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.
I.
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:
Mr. Joseph M. Arpaio
Maricopa County Sheriff
550 West Jackson St.
Phoenix, Arizona 85003
SUPERINTENDENT:
Dr. Donald Covey
Maricopa County Superintendent of Schools
4041 N. Central Avenue, Suite 1100
Phoenix, AZ 85012
J.
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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IN WITNESS WHEREOF, the parties have executed this LOU on the date written below:
SHERIFF:
Joseph M. Arpaio
Maricopa County Sheriff
SUPERINTENDENT:
Dr. Donald Covey
Maricopa County Superintendent of Schools
Date
Date
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LOU between MCSO and MCESA
FOR AND ON BEHALF OF MARICOPA
COUNTY:
Chairman, Board of Supervisors
SEP 15 2015
Date
Attested to:
ran McCarroll, Clerk of the Boa d 0q096—
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.
—1,/l e,ita-E_
Deputy County Attorney for
Board of Supervisors
Date
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