Special Education (SPED) Services Terms of Service

Effective Date: January 1, 2026

Incorporation by Reference

These Special Education Services Terms supplement our Master Terms of Service. By using any special education service, you agree to both these terms and the Master Terms. In case of conflict, the Master Terms prevail unless specifically stated otherwise herein.

For AI usage in our services and your rights regarding AI, see our AI Disclosure Policy.

CRITICAL NOTICES AND DISCLAIMERS

Important: Read Before Enrolling in Any SPED Service

THIS SECTION CONTAINS CRITICAL INFORMATION ABOUT THE SCOPE AND LIMITATIONS OF OUR SPECIAL EDUCATION SERVICES. PLEASE READ CAREFULLY.

DISCLAIMER: IEP AND 504 PLAN LIMITATIONS

KIDS ON THE YARD DOES NOT CREATE, MODIFY, OR REPLACE INDIVIDUALIZED EDUCATION PROGRAMS (IEPs) OR 504 PLANS.

Our special education services are designed to SUPPORT the implementation of existing educational plans, NOT to replace the services mandated by your child's school district or educational institution.

WE DO NOT:

• Create, write, or develop IEPs or 504 Plans
• Provide official IEP or 504 evaluations or assessments
• Make placement recommendations for special education services
• Serve as your child's official special education provider of record
• Replace school-provided special education services
• Provide legal advice regarding special education rights
• Advocate on your behalf in IEP meetings (unless specifically contracted)

WE DO:

• Support the implementation of existing IEP and 504 goals
• Provide supplemental educational support and tutoring
• Offer trained paraprofessional support staff
• Provide ABA therapy services (separate from school-based services)
• Assist with homework, study skills, and academic reinforcement
• Offer parent coaching and guidance (informational only)

YOUR SCHOOL DISTRICT REMAINS RESPONSIBLE for providing Free Appropriate Public Education (FAPE) as required by law. Our services are supplemental and do not fulfill your district's legal obligations.

DISCLAIMER: STATE AND FEDERAL REGULATION VARIATIONS

SPECIAL EDUCATION LAWS AND REGULATIONS VARY SIGNIFICANTLY BY STATE AND ARE SUBJECT TO CHANGE.

Federal laws (IDEA, Section 504, ADA) provide a baseline, but each state has its own:

• Definitions of disability categories
• Eligibility criteria and evaluation procedures
• Service delivery requirements
• Parental rights and procedural safeguards
• Timelines and documentation requirements
• Complaint and due process procedures

YOU ARE SOLELY RESPONSIBLE FOR:

• Understanding your child's rights under federal and state special education law
• Ensuring your child receives all legally mandated services from your school district
• Verifying that any supplemental services (including ours) align with your child's needs
• Consulting with qualified special education advocates or attorneys for legal advice

WE ARE NOT RESPONSIBLE for changes to federal, state, or local special education regulations that may affect service delivery, eligibility, or your child's educational rights.

For legal advice regarding special education rights, consult a qualified special education attorney in your state.

DISCLAIMER: NO GUARANTEE OF OUTCOMES

KIDS ON THE YARD DOES NOT GUARANTEE ANY SPECIFIC EDUCATIONAL, BEHAVIORAL, OR DEVELOPMENTAL OUTCOMES.

Special education progress depends on many factors beyond our control, including but not limited to:

• The nature and severity of the child's disability
• Consistency of service delivery across all environments
• Family involvement and follow-through
• Coordination with school-based services
• The child's individual response to interventions
• Medical, therapeutic, and other external factors

WE DO NOT GUARANTEE:

• Achievement of specific IEP goals or objectives
• Improvement in grades, test scores, or academic performance
• Reduction or elimination of challenging behaviors
• Specific developmental milestones or progress
• Successful transition to less restrictive environments
• College admission, employment outcomes, or life skills mastery

Our services are provided on a best-efforts basis by qualified professionals using evidence-based practices.

IMPORTANT: ADDITIONAL FEES NOTICE

ALL SPECIAL EDUCATION SERVICES MAY INCLUDE ADDITIONAL FEES.

Unless explicitly stated as included in your service agreement:

• Each SPED service listed below may be subject to additional fees
• Specialized staff, training, and materials may incur extra charges
• Extended hours, emergency coverage, or specialized certifications may cost more
• Assessment tools, progress monitoring, and reporting may have separate fees
• Travel, parking, and materials are typically additional charges

Your service agreement will specify which services and fees are included. Contact our team for current pricing and package options.

Overview of Special Education Services

Trusted Individualized Support for Every Student

Kids on the Yard provides comprehensive special education support services for students with diverse learning needs. Our services are designed to supplement (not replace) school-based special education programs.

Our Core SPED Approach

Our special education services are built on six foundational pillars:

Specialized Support Areas

We provide targeted support for students with:

IEP Goals & Accommodations Support (Additional fees may apply)

• Implementation support for existing IEP goals
• Accommodation practice and generalization
• Progress monitoring aligned with IEP objectives
• Collaboration with school-based IEP teams (with consent)
• Transition goal support

Dyslexia & Reading Challenges (Additional fees may apply)

• Orton-Gillingham and structured literacy approaches
• Phonemic awareness and phonics instruction
• Reading fluency and comprehension strategies
• Decoding and encoding skills development
• Assistive technology for reading support

ADHD & Executive Functioning (Additional fees may apply)

• Attention and focus strategies
• Organization and time management skills
• Task initiation and completion support
• Working memory strategies
• Self-monitoring and self-regulation techniques
• Homework and study skills coaching

Autism Spectrum Disorders (Additional fees may apply)

• Applied Behavior Analysis (ABA) therapy
• Social skills instruction and practice
• Communication and language development
• Sensory-friendly learning strategies
• Routine and transition support
• Special interest integration

Social-Emotional Development (Additional fees may apply)

• Social skills training and practice
• Emotional regulation and coping strategies
• Friendship skills and peer interaction
• Self-advocacy and self-awareness
• Anxiety and stress management techniques
• Conflict resolution skills

Sensory Processing Support (Additional fees may apply)

• Sensory diet implementation support
• Environmental modification recommendations
• Sensory break and regulation strategies
• Coordination with occupational therapy goals
• Sensory-friendly learning accommodations

Who We Serve

Our special education services support students with:

• Autism Spectrum Disorder (ASD)
• Attention Deficit Hyperactivity Disorder (ADHD)
• Specific Learning Disabilities (Dyslexia, Dyscalculia, Dysgraphia)
• Intellectual Disabilities
• Emotional and Behavioral Disorders
• Speech and Language Impairments
• Developmental Delays
• Sensory Processing Disorders
• Physical and Sensory Disabilities
• Multiple Disabilities
• Other Health Impairments
• Twice-Exceptional (2e) Learners

Service Delivery Modes

We offer special education support through two primary delivery modes:

Online SPED Services

• Virtual one-on-one tutoring and support
• Online behavioral coaching and intervention
• Remote parent coaching and training
• Virtual social skills groups
• Teletherapy support services
• Executive functioning coaching
• Reading intervention sessions

In-Person SPED Services

• School-based paraprofessional support
• Home-based tutoring and support
• Shadow teacher services
• In-person ABA therapy
• Community-based instruction support
• Social skills groups
• Sensory-friendly learning environments

Our Special Education Service Categories

1. Paraprofessional Services (Additional fees may apply)

Trained educational support staff providing assistance under the supervision of certified teachers.

Services Include:

• Classroom support and assistance
• One-on-one student support (shadow teaching)
• Behavioral support and intervention
• Academic reinforcement and tutoring
• Daily living skills assistance
• Transition support between activities
• Data collection and progress monitoring

For detailed terms, see: Paraprofessional Terms of Service

2. ABA Therapy Services (Additional fees may apply)

Applied Behavior Analysis therapy provided by trained professionals.

Services Include:

• Behavioral assessment and intervention planning
• One-on-one ABA therapy sessions
• Behavior reduction programs
• Skill acquisition programs
• Parent and caregiver training
• School consultation and support
• Progress monitoring and reporting

For detailed terms, see: ABA Therapist Terms of Service

3. Special Education Tutoring (Additional fees may apply)

Specialized academic support for students with learning differences.

Services Include:

• Subject-specific tutoring (math, reading, writing)
• Study skills and executive function coaching
• Test preparation and accommodations practice
• Homework assistance and support
• Curriculum modification support
• Assistive technology training

4. Behavioral Support Services (Additional fees may apply)

Positive behavioral intervention and support for students with behavioral challenges.

Services Include:

• Functional behavior assessment support
• Behavior intervention plan implementation
• Positive behavior support strategies
• Crisis prevention and intervention
• Social skills training
• Self-regulation and coping skills

5. Parent Coaching and Training (Additional fees may apply)

Support and guidance for parents of children with special needs.

Services Include:

• Understanding your child's disability
• Navigating the special education system (informational only)
• Home-based intervention strategies
• Communication and advocacy skills
• Behavior management techniques
• Transition planning support

Note: Parent coaching is informational and educational only. We do not provide legal advice or formal advocacy services.

6. School Placement Services (Additional fees may apply)

Placement of qualified special education support staff in schools and institutions.

Services Include:

• Paraprofessional placement
• Shadow teacher placement
• ABA therapist placement
• Behavioral specialist placement
• Substitute coverage services

For detailed terms, see: Placement Program Terms

Professional Standards and Qualifications

Staff Qualifications

All special education staff meet rigorous qualification standards:

Background Verification

All staff undergo comprehensive screening:

• National criminal background check
• State-specific background checks
• Sex offender registry check
• Professional reference verification
• Credential and certification verification
• Drug screening (where permitted by law)

Ongoing Training

All staff participate in:

• Initial orientation and training
• Specialized disability-specific training
• Ongoing professional development
• Safety and emergency response training
• Confidentiality and ethics training
• Annual compliance updates

Parent/Guardian Rights and Responsibilities

Your Rights

As a parent or guardian, you have the right to:

• Receive clear information about services and fees
• Review your child's progress data and reports
• Request changes to service delivery or staff
• Terminate services according to your agreement
• Access your child's records maintained by Kids on the Yard
• Receive prompt communication about concerns or incidents
• Provide input on goals and intervention strategies

Your Responsibilities

As a parent or guardian, you are responsible for:

• Providing accurate information about your child's needs and history
• Sharing relevant IEP, 504, or evaluation documents
• Informing us of changes to your child's educational plan or services
• Maintaining communication with our team
• Ensuring a safe environment for in-person services
• Paying for services according to your agreement
• Providing required consents and authorizations
• Notifying us of any safety concerns promptly

Consent and Authorization

Required Consents

Before services begin, parents/guardians must provide:

• Written consent for services
• Authorization for communication with schools (if applicable)
• Photo/video consent (if applicable for progress monitoring)
• Emergency contact and medical information
• Acknowledgment of these Terms of Service

Information Sharing

With your written consent, we may share information with:

• Your child's school or school district
• Other service providers (therapists, doctors)
• Insurance companies (for billing purposes)
• Authorized family members

We will NOT share information without your consent except as required by law (e.g., mandatory reporting of abuse/neglect).

Confidentiality and Privacy

FERPA Compliance

When working with schools, we comply with the Family Educational Rights and Privacy Act (FERPA) regarding student records.

HIPAA Compliance

For health-related services (including ABA therapy), we comply with applicable HIPAA requirements.

Data Protection

• Student information is stored securely
• Access is limited to authorized personnel
• Records are retained and destroyed according to legal requirements
• Parents may request access to their child's records

See our Privacy Policy for complete data handling practices.

Artificial Intelligence in SPED Services

AI-Enhanced Features

We may use AI to support special education services:

• Progress Tracking: AI may help analyze behavioral and academic data
• Recommendation Systems: AI may suggest interventions or strategies
• Scheduling Optimization: AI may assist with staff matching and scheduling
• Content Personalization: AI may help customize learning materials

Human Oversight

All AI-related decisions affecting students with special needs are reviewed by qualified human professionals. AI is used to support, not replace, professional judgment.

Your Rights

• You can request information about how AI is used in your child's services
• You can request human review of any AI-influenced recommendations
• You can opt-out of AI-powered personalization where feasible

For complete details, see our AI Disclosure Policy.

Service Limitations

What We Cannot Do

Kids on the Yard CANNOT:

• Provide medical diagnoses or medical treatment
• Prescribe or administer medications
• Provide official psychological evaluations
• Replace school-mandated special education services
• Guarantee IEP goal achievement
• Provide legal advice or formal advocacy
• Make educational placement decisions
• Provide crisis intervention for psychiatric emergencies

Emergency Situations

For medical emergencies, call 911 immediately. For psychiatric crises, contact your local crisis line or emergency services. Our staff are trained to recognize emergencies and will contact emergency services when necessary.

Cancellation, Refunds, and Termination

Cancellation Policy

• 24+ hours notice: No charge for cancelled sessions
• Less than 24 hours notice: Session may be charged
• No-show: Session will be charged
• Specific cancellation terms are detailed in your service agreement

Refund Policy

Refunds are subject to your specific service agreement. Generally:

• Unused prepaid hours may be refunded minus processing fees
• Early termination fees may apply for contract-based services
• Non-refundable deposits and fees are disclosed at enrollment

Termination

Either party may terminate services according to the service agreement. We reserve the right to terminate services immediately for:

• Safety concerns
• Non-payment
• Violation of these terms
• Circumstances beyond our control

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

Aggregate Liability Cap

Our total liability for special education services shall not exceed the fees paid by you for services in the twelve (12) months preceding any claim.

Exclusions

IN NO EVENT SHALL KIDS ON THE YARD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Failure to achieve IEP goals or educational outcomes
• Behavioral incidents or injuries during services
• School placement decisions or changes
• Loss of educational opportunities
• Emotional distress related to service delivery
• Third-party actions or decisions

Educational Disclaimer

WE DO NOT GUARANTEE ANY SPECIFIC EDUCATIONAL, BEHAVIORAL, OR DEVELOPMENTAL OUTCOMES. Special education progress varies based on individual factors beyond our control.

Governing Law and Dispute Resolution

These SPED service terms shall be governed by the laws of the State of Florida, United States. Any disputes shall be resolved in accordance with the Dispute Resolution provisions in our Master Terms of Service.

Related Documents and Service-Specific Terms

Service-Specific Terms

• Paraprofessional Terms of Service
• ABA Therapist Terms of Service
• Placement Program Terms
• In-Person Services Terms
• Online Services Terms

Related Policies

• Master Terms of Service - Main terms (governs all services)
• Privacy Policy - Data protection and privacy
• AI Disclosure Policy - AI transparency practices
• Child Protection Policies - Safety and protection
• FERPA Rights - Educational records rights
• Glossary - Paraprofessional Terms

FERPA School Official Under Contract Framework

When Kids on the Yard provides services under a contract with a school or school district that receives federal funding, Kids on the Yard is bound by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. Section 1232g and 34 CFR Part 99, as a "school official with legitimate educational interest" under 34 CFR Section 99.31(a)(1)(i)(B). Kids on the Yard satisfies all four required criteria of that regulation:

1. Performs an institutional service or function for which the contracting school would otherwise use its own employees;
2. Is under the direct control of the contracting school with respect to the use and maintenance of education records;
3. Uses education records only for the authorized purposes described in the school district contract; and
4. Does not redisclose personally identifiable information from education records to any other party without the school's authorization or as otherwise permitted under FERPA.

For records received from or generated under a school district contract, FERPA is a binding legal obligation of Kids on the Yard, not a voluntary commitment. Kids on the Yard also complies with applicable state student data privacy laws, including:

• California: Student Online Personal Information Protection Act (SOPIPA), Cal. Bus. & Prof. Code Section 22584
• Florida: Fla. Stat. Section 1002.222 (Student records)
• New Jersey: N.J.S.A. 18A:36-35 (Student records)
• Montana and South Carolina: applicable state student data privacy provisions

For families who engage Kids on the Yard directly (parent-paid services not contracted by a school district), FERPA does not apply directly to Kids on the Yard, and student information is governed by the Kids on the Yard Privacy Statement instead.

In-Person Safety and Child Protection

Kids on the Yard maintains strict in-person service rules to protect students, families, and educators. These rules apply to all in-person services without exception.

No Transportation of Students

Kids on the Yard educators NEVER transport students by any means, including private vehicle, public transit, walking, or any other method. This rule applies in all circumstances, including:

• Walking a student home from school
• Walking a student to or from a session location
• Driving a student between locations
• Accompanying a student in any form of transportation

In a medical emergency, Kids on the Yard educators call 911 and remain with the student until emergency services or a parent/guardian arrives. Educators do not transport students even in emergency situations.

Two-Adult Rule

In-person sessions are not conducted in true one-on-one isolation. A second responsible adult (a parent, legal guardian, school staff member, Kids on the Yard staff member, or other approved adult) must be present in the home, school, facility, or public space where the session occurs. The two-adult rule protects both students and educators from misunderstanding and risk.

Parent or Guardian Present in Home

For in-person sessions delivered in the student's home, a parent or legal guardian (or another responsible adult designated in writing by the parent) must be present in the home and reachable for the entire duration of the session. Kids on the Yard educators are instructed to end the session and notify the Care Team if no parent or designated adult is present.

Background Screening (Checkr)

All Kids on the Yard educators who provide in-person services undergo background screening through Checkr, a professional third-party background screening provider, including:

• National and state criminal background checks
• Sex offender registry checks
• Continuous monitoring with periodic re-verification
• A tiered disqualification framework with a child-safety overlay

For California in-home services, Kids on the Yard educators must be enrolled in the California TrustLine Registry (operated by the California Department of Social Services) before the educator may provide services in a client's home. For school-contracted services in California and other jurisdictions that require fingerprinting, Live Scan fingerprinting is performed per the contracting school district's requirements at no cost to the educator.

Mandated Reporters

All Kids on the Yard educators who work with minors are mandated reporters of suspected child abuse or neglect under the laws of the states where Kids on the Yard operates:

When a Kids on the Yard educator has reasonable cause to suspect that a child has been abused or neglected, the educator is legally required to report the suspicion to the appropriate state child welfare agency or law enforcement, regardless of any general confidentiality obligation owed to the family.

30-Day Cancellation with Reduction-Then-Cancellation Protection

Subscription cancellations require a minimum of 30 days written notice. A request to reduce, downgrade, pause, or modify service hours does NOT reset, restart, or shift the 30-day cancellation notice window. The 30-day notice runs from the date Kids on the Yard receives the written cancellation request, regardless of any prior plan modification. See the Refund Policy for the full Reduction-Then-Cancellation Protection clause.

In-Person Service Area (United States Only)

Kids on the Yard provides in-person services nationwide across the United States only. Availability at any specific address is determined at the ZIP-code level based on current staff capacity and scheduling, which changes frequently; contact [email protected] to confirm whether a particular in-person service is available at your location. Kids on the Yard does not offer in-person services outside the United States; international customers may access Kids on the Yard online services, which are available worldwide.

Contact Information

For questions about special education services:

Special Education Services Team Kids on the Yard Limitless Virtue LLC 9701 NE 2nd Ave, Suite #1069 Miami Shores, Florida 33138 U.S.A

These Special Education Services Terms are part of the overall Kids on the Yard Terms of Service and are subject to the general terms and conditions outlined in our Master Terms of Service.

Last Updated: January 1, 2026