PASEN Client Contract

This PASEN Client Contract (“Contract”) for advocacy services is made between the Client identifiedbelow (the “Client”, “you” or “your”) and Parent Alliance for Students with Exceptional Needs (“PASEN.”) The term “Parent” as used herein shall be defined as set forth in the Individuals with Disabilities Education Act (“IDEA”) [See 34 CFR § 300.30].

Your advocate is

Jackie

Arie

I'm not sure

For billing issues, contact John at john@pasen.org.

For other issues, contact Michelle Reed-Harris at Michelle@pasen.org or call our main business line at 480-469-7505.

PASEN agrees to provide the following advocacy services (“Services”) to the Client on behalf of the Client’s child(ren), on the following terms and conditions:

1. Costs, Fees, and Payment

Memberships to PASEN are not required to obtain the Services. If a Client has a membership, as set forth herein, Services will be provided at the listed rates set forth in this section. If Client has no membership, Services rendered pursuant to this Contract will be billed at $125 per hour.

PASEN offers Bronze, Silver, and Gold level memberships containing preferential pricing and exclusive resources (collectively “Membership”). Client is responsible for inquiring and securing the desired level of Membership, if any, prior to entering into this Contract to qualify for Membership rates for Services rendered hereunder.

SERVICE RATES

BRONZE-LEVEL ADVOCACY SERVICES

*Scope of Services: Record review; Email correspondence; Research; IEP/504; Coaching; Pre-meeting and other consultation

Bronze Membership Rate: $35 per hour

SILVER-LEVEL ADVOCACY SERVICES

*Scope of Services: Mediation and IEP meeting attendance; Drafting of state complaints

Silver Membership Rate: $60 per hour

GOLD-LEVEL ADVOCACY SERVICES

*Scope of Services: Preparation and filings related to Due Process hearing (NOTE: This does NOT include representation or attendance at Due Process hearing.)

Gold Membership Rate: $85 per hour

In furtherance of PASEN’s charitable mission, it offers Services on a sliding scale fee basis for eligible recipients who are cost burdened. When offering Services on a sliding scale fee basis, we dedicate our time to seek the best resolution for your case, regardless of your ability to pay. Advocates have the authority to approve and validate eligibility for sliding scale billing based on established financial hardship. Client may inquire with their Advocate to be considered for sliding scale billing and agrees to provide sufficient documentation, including but not limited to financial information, written summary of circumstances, and other supporting material, to substantiate such request. Eligibility for Services rendered on a sliding scale fee basis is evaluated on a rolling basis to ensure continued eligibility. Notwithstanding, Client shall not be asked for income verification support more frequently than once per calendar month.

Your advocate will initially email you to inform you about the estimated hours for Bronze-level services required to conduct a record review and to meet with you via Zoom or phone. All services are payable in advance to facilitate our pay-as-you-go model, avoiding the need for a retainer. This approach allows us to tailor our support to your needs and your budget, ensuring you receive dedicated assistance from your advocate throughout your journey with us.

All fees must be paid in full at least 24 hours BEFORE work is completed.

2. Exclusivity

The Client understands and agrees that during the term of the Contract, Advocate shall be Client’s exclusive advocacy provider for their child in connection with the Services. To provide a high level of satisfaction and quality of service, no other advocacy service providers, other than an attorney or those connected with PASEN, are permitted to give the same or similar Services or products, paid or unpaid, at the same location and dates or meetings without express authorization from your Advocate. Violation of this term will result in the forfeiture of any payments made for the Services, and the Advocate may discontinue all or any part of the Services retained by Client.

3. Intellectual Property

PASEN owns all rights, title and interest in and to in any and all work(s) it makes or produces in connection with the Services or this Contract pursuant to federal copyright law (Title 17, Chapter 2, Section 201-2 of the United States Code), whether registered or unregistered.

4. Services not covered by this Contract; No Guarantees

Although PASEN offers skilled advocacy services, PASEN nor its Advocates are held out as experts in the fields of psychology, law, or medicine. The Client expressly understands that the Services provided by PASEN are not to be construed as professional psychological, medical, or legal advice.

In some states, Advocates may be able to participate in a due process case; however, the Advocate cannot act as the Client’s attorney. For legal representation and for questions related to specific laws in Client’s state of residence or other legal matters, the Client must retain the advice of a licensed attorney.

In signing this Contract, the Client understands that PASEN cannot guarantee or promise any specific desired outcome or result for your child’s particular case.

5. Client’s Responsibility

You will be considered a Client only after you complete the Contract (signed and initialed in all required sections) and return to PASEN. You understand and agree that each meeting with school staff concerning your child’s educational needs must be accompanied by your Advocate, unless your Advocate consents otherwise.

In an effort to mitigate complication to your child’s case and to ensure your Advocate is kept informed and involved with all aspects of the case, PASEN may terminate this Contract immediately, at its sole discretion and election, if you choose to attend a school-based meeting (not including Parent/Teacher conferences) for your child’s special education needs without the knowledge or consent of your Advocate. This immediate termination rule is intended to prevent complications to your child’s case and to keep your Advocate informed and involved with all aspects of the education of the Client’s child.

We strive to work together with parents as a team, and we also want to make sure things run smoothly for your child’s case. Once you are a Client, you are encouraged to never sign anything regarding your child’s education without first consulting with your Advocate. Your Advocate will help explain, and provide information along with their recommendation on next steps. You are also encouraged not to email your child’s school without first discussing it with your Advocate. Our goal is to ensure that all communication with the school is effective and delivers the most compelling message concerning your child’s case.

Although your Advocate will document the meeting, it is important for you, as a parent, to actively take notes during the meeting and document any decisions with which the IEP team agrees or disagrees. This information is crucial for creating the Prior Written Notice (PWN) that summarizes the meeting's outcomes. Your participation and documentation complement the efforts of your Advocate, ensuring a thorough record of the proceedings.

Client agrees to the following: (Please check "Yes" for all fields)

1. Communicate fully and honestly with PASEN and Advocate. The Client must provide all information that would assist with the child’s case. *

Yes

2. It is the Client’s responsibility to ensure the Client has the desired level of membership with PASEN, if any, and that membership is current and in good standing to qualify for membership rates. Please note, memberships do not automatically renew. *

Yes

3. Payment is due in advance of all Services. Full payment to PASEN is required at least 24 hours before Services are provided. Services include the dissemination of information gathered through review. If there are questions regarding an invoice, it is the responsibility of the Client to communicate with PASEN for clarification. *

Yes

4. Client is responsible for confirming with the Advocate, at least 48 hours in advance, that the Advocate is expected to attend a meeting. If the Client does not verify the Advocate’s attendance is needed, the Advocate may take other work/appointments during that time slot. *

Yes

5. Clients must give a minimum of 48 hours notice if they need to cancel the Advocate’s attendance at a previously scheduled meeting or appointment to receive a full refund. However, if the meeting is canceled less than 48 hours in advance due to circumstances beyond the Client's control, such as a medical emergency or the school canceling the meeting, the fees will be credited to the client’s account. This credit may be used through June 30, marking the end of the school year for PASEN. Otherwise, fees paid to PASEN are nonrefundable. *

Yes

6. If the Client cancels less than 24 hours before the scheduled appointment, the Client may be denied future services and PASEN may terminate this Contract in its sole discretion. Termination in this instance will result in a forfeiture of all fees paid, regardless of Services rendered at the time of termination. *

Yes

7. Clients are responsible for taking notes regarding all meetings, including but not limited to any recommendations and/or follow up instructions given to you by the Advocate. Please make sure you are ready to take notes as needed. *

Yes

8. Clients must be prompt with logging on at scheduled appointment times. Your meeting will end at the time it was scheduled and not at the time the Client logged into the meeting.

Yes

9. Advocates will only attend a meeting as a full member of the IEP team and will introduce themselves at the beginning of the meeting. It is the philosophy of PASEN to work cooperatively with the local education association (LEA), or State Education Association (SEA) in an effort to establish positive working relationships on behalf of the child, the Parent(s) and their community support system.

Yes

10. PASEN and Advocates operate under the principles of collaborative problem solving, and management of conflict, in a non-adversarial manner and expect the same of the Client(s).

Yes

11. The Advocate will attend all meetings virtually via video conference or phone. The Client is also encouraged to attend virtually as well.

Yes

6. Confidentiality; Records

During the term of the Contract and thereafter, Client will not disclose or use for Client’s own benefit or purposes or the benefit or purposes of any other person or entity, any trade secrets, or other confidential information of PASEN provided to Client in the course of the Services; provided that the foregoing shall not apply to information which is not unique to PASEN or which is generally known to the public.

PASEN agrees to keep all Client and/or Client’s children’s’ information and any records confidential. This Contract serves as a waiver of confidentiality regarding your child’s IEP and educational needs. This waiver permits PASEN to obtain and review independently, and with the Client, the Client’s child’s educational records.

As the Parent, you are your child’s primary advocate and case manager. Your Advocate will work with you to co-advocate for your child. Also, your Advocate may reach out to consultants to get the best possible advice and options from experts. Your signature acknowledges and approves your child’s IEP may be shared with other professionals in order to write a comprehensive IEP.

7. Termination of Services

Either party may terminate this Contract at any time for any reason or no reason at all. If the Contract is terminated by Client, Client shall be responsible for all amounts owed for the agreed upon Services, regardless of Services rendered. If this Contract is terminated by PASEN prior to the completion of all Services rendered, Client will be reimbursed for the value of any Services not rendered as of the time of Termination.

It is PASEN’s goal for our Clients to learn through the advocacy process so you can be the best advocate possible for your child. We work with our Clients as a partner to ensure your child receives the best possible case outcome. Please sign to confirm you have read this Contract, completely and that you understand what your role and responsibilities are as a Client in Contract with PASEN.

8. Indemnification

Client agrees to indemnify, defend, and hold harmless PASEN and its affiliates, employees, agents, volunteers, and independent contractors for any and all claims for any injury, property damage, liability, claim, or other cause of action arising out of, or related to this Contract or the Services and or products provided to the Client.

9. Amendments

This Contract, including any attachments hereto, may not be amended or modified, except by a writing signed by the parties hereto.

10. Governing Law

This Contract shall be governed by and shall be construed or enforced in accordance with the laws of the State of Arizona without regard to the choice of law rules, or conflicts of principles of such laws, which would result in the application of the laws of another jurisdiction.

By signing this service Contract, you acknowledge that you have read and understand this Contract and agree to all its provisions.

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