Effect of Section 1116(d) of the ESEA. If the District has reasonable cause to believe that compliance with any of the provisions of this Agreement would be inconsistent with the District’s obligations under Section 1116 of the ESEA, it will so notify the Association. The Association and the District immediately will file a joint written request with the United States Department of Education asking whether Section 1116 of the ESEA can alter or otherwise affect the rights, remedies, and procedures afforded school or school district employees under the terms of a collective bargaining agreement that became effective subsequent to January 8, 2002. Unless and until the United States Department of Education answers this question “yes,” the District will be required to comply with the provisions of this Agreement. If the United States Department of Education answers the foregoing question “yes,” the Association, at its option, may file a lawsuit in Federal District Court seeking a declaratory judgment as to whether Section 1116 of the ESEA can alter or otherwise affect the rights, remedies, and procedures afforded school or school district employees under the terms of a collective bargaining agreement that became effective subsequent to January 8, 2002. Until the District Court answers this question, or if the District Court answers this question “yes,” the District will be required to comply with the provisions of this Agreement only to the extent that such compliance will not prevent the District from complying with its obligations under Section 1116 of the ESEA. If the District Court answers this question “no,” the District will be required to comply with the provisions of this Agreement.
Appears in 4 contracts
Samples: Master Agreement, Master Agreement, Letter of Agreement
