Common use of Individual Remedies Clause in Contracts

Individual Remedies. 4. By July 1, 2015, the District will convene the complainant’s son’s IEP team to consider whether compensatory education services are necessary to ensure the complainant’s son received a FAPE during the second semester of the 2012-13 school year. The IEP team will consider whether the complainant’s son requires compensatory education services as a result of xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx x, xxxx through xxxxx x, xxxx; xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xx through xxxxx xx, xxxx; or as a result of failing to implement his IEP by not providing math assistance/instruction in the special education classroom in May 2013. If the IEP team determines compensatory education services are required for the provision of a FAPE to the complainant’s son, the IEP team will, within one week of its determination, identify the necessary compensatory education services and develop a written plan or schedule for providing those services; notify all staff responsible for providing the compensatory education services of their responsibility in writing; provide the compensatory education services according to the written plan or schedule; and document the provision of the compensatory education services to the complainant’s son. If the IEP team determines no compensatory education services are necessary for the provisions of a FAPE to the complainant’s son, the IEP team will identify the information considered in its decision and set forth the reasons for its decision in writing. The District will provide the Student’s parent/guardian notice of the procedural safeguards including the right to challenge the group’s determination through an impartial due process hearing. REPORTING REQUIREMENT: Within 2 weeks of the decision whether compensatory and/or remedial services are needed, the District will submit to OCR documents supporting the group’s decision. The documentation submitted shall include documentation showing the participants in the meeting, an explanation for decisions made, the information considered, and a description of and schedule for providing any compensatory and/or remedial services (if any) to the Student. OCR will review the documentation to ensure that the District met the procedural requirements of the regulation implementing Section 504, at 34 C.F.R. §§ 104.34, 104.35 and 104.36, in making these determinations. When the District has provided all compensatory and/or remedial services the District will provide documentation to OCR of the dates, times and locations that compensatory and/or remedial services were provided, a description of what was provided, and the name(s) of the service provider(s).

Individual Remedies. 4. By July 1If the Student reenrolls in school in the District, 2015within 15 days of the Student’s reenrollment, the District will identify and convene a multidisciplinary team for the complainant’s son’s IEP Student. The multidisciplinary team to consider whether will determine the type and amount of compensatory education services are necessary to ensure the complainant’s son received a FAPE during the second semester of the 2012-13 school year. The IEP team will consider whether the complainant’s son requires compensatory education services as a result of xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx x, xxxx through xxxxx x, xxxx; xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xx through xxxxx xx, xxxx; or as a result of failing to implement his IEP by not providing math assistance/instruction in the special education classroom in May 2013. If the IEP team determines compensatory education services are required for the provision of a FAPE be provided to the complainant’s sonStudent, the IEP team will, within one week of its determination, identify the necessary compensatory education services and develop a written plan or schedule for providing those services; notify all staff responsible for providing the compensatory education services of their responsibility in writing; provide the compensatory education services according to the written plan or schedule; Student. The multidisciplinary team will determine the type and document amount of compensatory services appropriate for the provision Student based upon the services required in the Student’s December 10, 2016 Individualized Education Program (IEP) from the first day of the compensatory education services to the complainant’s son. If the IEP team determines no compensatory education services are necessary for the provisions of a FAPE to the complainant’s son2017-18 school year through September 11, the IEP team will identify the information considered in its decision and set forth the reasons for its decision in writing2017. The District will provide the Complainant written notice of all multidisciplinary team meetings held for the purpose of determining the Student’s parent/guardian notice compensatory education services and the opportunity to participate in those meetings. Compensatory education services for the Student may include, but are not limited to educational instruction, tutoring, completion or resubmission of assignments, retaking tests, and recalculation of grades. The District’s plan to provide the Student with compensatory education services will be developed, included in the Student’s IEP or 504 plan, and implemented. The plan will identify the compensatory education services to be provided to the Student, the manner in which they will be provided, who will provide them, and a schedule for providing them. REPORTING REQUIREMENT: If the Student reenrolls in school in the District, within 10 days of the procedural safeguards including Student’s reenrollment, the right to challenge District will notify OCR in writing of the groupStudent’s determination through an impartial due process hearingdate of reenrollment in the District. REPORTING REQUIREMENT: Within 2 weeks 15 days of developing a plan for the provision of the decision whether Student’s compensatory and/or remedial services are needededucation services, the District will submit to provide OCR documents supporting a list of the groupStudent’s decision. The documentation submitted shall include documentation showing multidiscipinary team members by name and position; a copy of the participants in Complainant’s notice of multidisciplinary team meetings; a copy of the meeting, an explanation for decisions made, the information considered, and a description of and schedule District’s plan for providing any the Student compensatory and/or remedial education services; and information and records used by the multidisciplinary team in determining compensatory education services (if any) to be provided to the Student. OCR will review REPORTING REQUIREMENT: Within 15 days of completing the documentation provison of compensatory education services to ensure that the Student, the District met the procedural requirements of the regulation implementing Section 504, at 34 C.F.R. §§ 104.34, 104.35 and 104.36, in making these determinations. When the District will provide OCR documentation that it has provided all compensatory and/or remedial education services the District will provide documentation determined to OCR be appropriate pursuant to Item 4 of the datesAgreement. REPORTING REQUIREMENT: If applicable, times and locations that compensatory and/or remedial services were provided, a description within 10 days of what was providedthe last day of the 2017-18 school year, and the name(s) within 10 days of last day of the service provider(s)first semester of the 2018-19 school year, the District will notify OCR in writing if the Student has not reenrolled in the District during that term.

Individual Remedies. 42. By July 1, 2015After providing proper written notice to Student A’s XXXXXXX and counsel, the District will convene the complainant’s son’s IEP team a group of knowledgeable persons to consider determine whether compensatory education services are necessary to ensure the complainant’s son received Student A was denied a FAPE during the second semester 2015-16 school year as the result of any failure to implement the 2012-13 school yeartransportation plan contained in Student A’s IEP. The IEP In addition, the team will shall consider whether Student A requires extra-curricular activities in order to be provided with FAPE. If the complainant’s son team concludes that Student A was denied a FAPE as a result of any failure to implement the transportation plan in her IEP or if the team concludes that Student A requires extra-curricular activities in order to receive a FAPE, then the team shall determine whether Student A is in need of compensatory education and/or remedial services as a result of xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx x, xxxx through xxxxx x, xxxx; xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xx through xxxxx xx, xxxx; the District’s denial of FAPE or as a result of failing failure to implement his IEP by not providing math assistance/instruction include extra-curricular activities in the special education classroom in May 2013her IEP. If the IEP team determines compensatory education services are required for the provision of a FAPE to the complainant’s sonIn addition, the IEP team will, within one week of its determination, identify the necessary compensatory education services and develop a written plan or schedule for providing those services; notify all staff responsible for providing the compensatory education services of their responsibility in writing; provide the compensatory education services according to the written plan or schedule; and document the provision of the compensatory education services to the complainant’s son. If the IEP team determines no compensatory education services are necessary for the provisions of a FAPE to the complainant’s son, the IEP team will identify the information considered in its decision and set forth the reasons for its decision in writing. The District will provide the StudentStudent A’s parent/guardian XXXXXXXX with notice of the procedural safeguards including the right to challenge the group’s determination through an impartial due process hearing. REPORTING REQUIREMENT: Within 2 weeks By June 30, 2016, the District will report the results of the decision whether group’s determination regarding the provision of any compensatory and/or remedial services are neededfor Student A. The District shall provide OCR with a copy of the notice provided to Student A’s XXXXXXXXX, the District will submit to OCR documents supporting the group’s decision. The documentation submitted shall include documentation showing the participants in the meeting, a narrative statement providing an explanation for decisions madethe group’s decisions, the information considered, and a description of and the information that the group considered, a description of and, if applicable, a schedule for providing any compensatory and/or remedial services (if any) to Student A, and documentation that the StudentDistrict provided the procedural safeguards to Student A’s XXXXXXXX. OCR will review the notice documentation to ensure that the District group met the procedural requirements of the regulation implementing Section 504, at 34 C.F.R. §§ 104.34, 104.35 and 104.36, in making these determinationsits determination. When The District understands that by signing this agreement, it agrees to provide data and other information in a timely manner in accordance with the reporting requirements of this agreement. Further, the District understands that during the monitoring of this agreement, if necessary, OCR may visit the District, interview staff and students, and request such additional reports or data as are necessary for OCR to determine whether the District has provided all compensatory and/or remedial services fulfilled the terms of this agreement and is in compliance with the regulations implementing Section 504 at 34 C.F.R. §§ 104.4(a), 104.34, and 104.35, and Title II at 28 C.F.R. § 35.130(a), which were at issue in this case. The District understands that OCR will not close the monitoring of this agreement until OCR determines that the District will provide documentation has fulfilled the terms of this agreement and is in compliance with the regulations implementing Section 504 at 34 C.F.R. §§ 104.4(a), 104.34, and 104.35, and Title II at 28 C.F.R. § 35.130(a), which were at issue in this case. The District understands and acknowledges that OCR may initiate administrative enforcement or judicial proceedings to enforce the specific terms and obligations of this Agreement. Before initiating administrative enforcement (34 C.F.R. §§ 100.9, 100.10), or judicial proceedings to enforce this Agreement, OCR shall give the District written notice of the dates, times alleged breach and locations that compensatory and/or remedial services were provided, a description minimum of what was provided, and sixty (60) calendar days to cure the name(s) of the service provider(s)alleged breach.

Individual Remedies. 4. 2) By July 1September 15, 20152018, the District will convene a group of persons knowledgeable about Student A, including the complainant’s son’s IEP team Complainant, to consider determine whether Student A requires compensatory education services, remedial services, and/or counseling services are necessary to ensure for the complainant’s son received a FAPE time period Page 2 – Resolution Agreement #05-18-1203 during the second semester 2017-18 academic year when he allegedly was harassed on the basis of the 2012-13 school yeardisability. The IEP team group will consider whether the complainant’s son requires compensatory education services as a result of xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx x, xxxx through xxxxx x, xxxx; xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xx through xxxxx xx, xxxx; or as a result of failing to implement his IEP by not providing math assistance/instruction in the special education classroom in May 2013. If the IEP team determines compensatory education services are required for the provision of a FAPE to the complainant’s son, the IEP team will, within one week of its determination, identify the necessary compensatory education services and develop a written plan or schedule for providing those compensatory and/or remedial services; notify all staff responsible for providing the compensatory education services of their responsibility in writing; provide the compensatory education services according , if any, with a completion date not to the written plan or schedule; and document the provision of the compensatory education services to the complainant’s son. If the IEP team determines no compensatory education services are necessary for the provisions of a FAPE to the complainant’s sonextend beyond May 1, the IEP team will identify the information considered in its decision and set forth the reasons for its decision in writing. The District will provide the Student’s parent/guardian notice of the procedural safeguards including the right to challenge the group’s determination through an impartial due process hearing2019. REPORTING REQUIREMENT: Within 2 weeks of the decision whether compensatory and/or remedial services are neededBy September 30, 2018, the District will submit to OCR documents supporting a copy of the groupmeeting minutes or similar documentation from the meeting referenced in item #2, including efforts to obtain the Complainant’s decision. The documentation submitted shall include documentation showing the participants in the meetingparticipation, an explanation for decisions made, the information considered, and a description of and schedule for providing any compensatory compensatory, remedial, and/or remedial counseling services (if any) to the Student. Student A. OCR will review the documentation to ensure that the District met the procedural requirements of the regulation implementing Section 504, at 34 C.F.R. §§ 104.34, 104.35 and 104.36. By December 15, in making these determinations. When the District has provided all compensatory and/or remedial services 2018, the District will provide documentation submit to OCR an explanation, along with supporting documentation, of the dateswhen and how any compensatory, times and locations that compensatory remedial, and/or remedial counseling services were provided, a description of what was when they were provided, and who provided them. The District understands that by signing this Agreement, it agrees to provide the name(s) foregoing information in a timely manner in accordance with the reporting requirements of this Agreement. Further, the District understands that, during the monitoring of this Agreement, OCR may visit the District, interview staff and students, and request such additional reports or data as are necessary for OCR to determine whether the District has fulfilled the terms of this Agreement and is in compliance with the regulations implementing Section 504, at 34 C.F.R. Part 104, and Title II, at 28 C.F.R. Part 34. Upon the District’s completion of the service provider(s)obligations under this Agreement, OCR shall close and dismiss this case. The District understands and acknowledges that OCR may initiate administrative enforcement or judicial proceedings to enforce the specific terms and obligations of this Agreement. Before initiating administrative enforcement or judicial proceedings to enforce the specific terms and obligations of this Agreement, OCR shall give the District written notice of the alleged breach and sixty (60) calendar days to cure the alleged breach. This Agreement will become effective immediately upon the signature of the District’s representative below.