Common use of Resolution Provisions Clause in Contracts

Resolution Provisions. 1) If the Student re-enrolls in the District, within ten (10) school days of the date that the Student re-enrolls, the District will convene a Section 504 meeting and develop an updated Section 504 plan. The District will ensure that it documents the development and implementation of the Section 504 plan appropriately in accordance with the procedural requirements of Section 504, at 34 C.F.R. §§ 104.34, 104.35 and 104.36. The individuals knowledgeable about the Student (team) will address the alleged denial of social skills classes in the consideration of the Student’s 504 plan and determine if specific compensatory education or services are needed. The team will also determine if the social skills classes are still appropriate and provide written notice to the Complainant of its determinations. 2) If the team determines that compensatory education or services are appropriate, the team will discuss and determine the type, frequency, duration, and location of appropriate compensatory services that will accommodate the Student’s schedule. Compensatory services will be provided at no cost to the parents and will not be scheduled during the Student’s school day or other educational and non-academic activities associated with his school. In addition, the provision of any tutoring or educational programs will be provided by qualified staff. 3) The District shall not be obligated to provide the compensatory classes if the parent declines those classes in writing or does not respond to the District’s written offer within two weeks of the date of the District’s offer. If the parent does not make the Student available at the scheduled date or time for a compensatory classes, that class will be considered waived by the parents for that day or time, unless the Complaint provides a good faith reason for the Student being unable to attend, including but not limited to illness, in which case the missed class will be rescheduled. Any scheduled compensatory class missed due to Student’s unavailability will be rescheduled at a mutually agreeable time. If more than three scheduled compensatory classes are missed due to Student’s unavailability based on illness, the District may require written confirmation of Student’s medical condition from Student’s physician before rescheduling the classes. 4) If necessary, the District will provide the Student transportation to and from the location of the compensatory classes. REPORTING REQUIREMENT: a) Within twenty (20) school days of the date the Student re-enrolls in the District, the District will provide OCR with a copy of its documentation of the Student’s updated Section 504 plan and its determination regarding compensatory services for review and approval. The documentation submitted shall include documentation showing the participants in the meeting(s), an explanation for decisions made, the information considered, including information submitted by the Complainants and the Student and a description of and schedule for providing any compensatory educational 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 regulations implementing Section 504, at 34 C.F.R. §§ 104.34, 104.35 and 104.36, in making these determinations. The District will provide the Complainants a copy of their procedural safeguards to include instructions regarding the procedure for filing a request for an impartial hearing should the complainants disagree with the determination regarding compensatory education or services. When the District has provided all compensatory educational and/or remedial services determined necessary to ensure the Student receives a free, appropriate public education, 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). b) If the Student has not re-enrolled at the District by January 1, 2017, the District by January 16, 2017, will notify OCR that the Student has not re-enrolled.

Resolution Provisions. 17) If Within two weeks after the Student re-enrolls in the District, within ten (10) school days start of the date that the Student re-enrollsschool, the District will convene a Section 504 meeting at a mutually agreeable date and develop an updated Section 504 plan. The District will ensure that it documents time, which shall include the development Student’s parents and implementation of the Section 504 plan appropriately in accordance with the procedural requirements of Section 504, at 34 C.F.R. §§ 104.34, 104.35 and 104.36. The other individuals knowledgeable about the Student (team) will ), to discuss and determine whether compensatory education or services (e.g., one-on-one tutoring outside the academic day, summer classes, counseling, etc.), are necessary to address the alleged denial of social skills classes in a free appropriate public education (FAPE) resulting from the consideration failure to provide paraprofessional services and physical education for the Student during a portion of the Student’s 504 plan and determine if specific compensatory education or services are needed2014-15 school year. The team will also determine if further review the social skills classes Student’s plan to ensure paraprofessional services are still appropriate and provide written notice to provided without interruption during the Complainant of its determinations. 2) 2015-16 school year. If the team determines that compensatory education or services are appropriate, the team will discuss and determine the type, frequency, duration, and location of appropriate compensatory services that will accommodate the Student’s schedule. Compensatory Such compensatory services will be provided at no cost to the parents and will not be scheduled during the Student’s school day or other educational and non-academic activities associated with his school. In addition, the provision of any tutoring or educational programs will be provided by qualified staff. 38) Subsequent to the team’s decision about possible compensatory services, the District and the parents may mutually agree to change the schedule of compensatory services, including the type of compensatory services, based on the individual needs of the Student, which may change over time. If the parties change the schedule or type of compensatory services, the change will be reflected in a written agreement signed and dated by the District and the parents. 9) The District shall not be obligated to provide the specific compensatory classes services if the parent declines those classes services in writing or does not respond to the District’s written offer within two weeks of the date of the District’s offer. If the parent does not make the Student available at the scheduled date or time for a compensatory classesservice, that class service will be considered waived by the parents for that day or time, unless the Complaint provides a good faith reason for the Student being unable to attend, including but not limited to illnessis physically ill, in which case the missed class service will be rescheduled. Any scheduled compensatory class missed due to Student’s unavailability will be rescheduled at a mutually agreeable time. If more than three scheduled compensatory classes are missed due to Student’s unavailability based on illness, the District may require written confirmation of Student’s medical condition from Student’s physician before rescheduling the classes. 410) If necessaryapplicable, the District will provide the Student transportation to and from the location of the compensatory classes. REPORTING REQUIREMENT:services. 11) The District will provide the parents a copy of the District’s notice of the procedural safeguards at the end of the meeting and explain to the parents their right to challenge the team’s determination of compensatory services via a Section 504/Title II impartial hearing. a) Within twenty (20) school days one week of the date the Student re-enrolls in the Districtmultidisciplinary team meeting to determine possible compensatory services, the District will provide to OCR for review all documentation and information considered and created by the multidisciplinary team, including 1) information provided by the parents and the District, 2) a sign-in sheet with the date of the team meeting signed by each team member, 3) a copy of its documentation the compensatory services plan and specific schedule of services, if applicable, 4) the specific reason(s) for rejecting any particular compensatory service or program, if applicable, and 5) the District’s plan to provide paraprofessional services for the Student during the 2015-16 school year. b) Within one week of receiving OCR’s response to the information provided regarding the multidisciplinary team meeting to determine possible compensatory services and if the multidisciplinary team agreed to specific compensatory services, the District will send a letter to the parents enclosing a schedule of the Student’s updated Section 504 plan services, classes, or programs the team agreed to, including the anticipated dates and its determination regarding amount of compensatory time for each. The letter will be sent certified mail, return receipt requested, and the OCR investigator will be copied on the letter. c) If the multidisciplinary team agreed to specific compensatory services, the District will maintain a log specifying the date and the start and end time that compensatory services for review and approval. The documentation submitted shall include documentation showing the participants in the meeting(s), an explanation for decisions made, the information considered, including information submitted by the Complainants and were provided to the Student and a description for each session, class, or program, along with the amount of and schedule for providing any compensatory educational 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 regulations implementing Section 504, at 34 C.F.R. §§ 104.34, 104.35 and 104.36, in making these determinationstime. The District will provide the Complainants OCR a copy of their procedural safeguards to include instructions regarding the procedure for filing a request for an impartial hearing should log at the complainants disagree with the determination regarding compensatory education or services. When end of each academic semester (and summer, if applicable) until the District has provided all the agreed-to amount of compensatory educational and/or remedial services determined necessary services. 12) The District will provide training on the subject of Section 504 and Title II compliance and the anti-discrimination and anti-retaliation requirements of those laws, to ensure the Student receives designated Section 504 compliance coordinator and investigator(s) and to the District’s building administrators, who will subsequently provide training and materials to their staff, including other administrators, teachers, substitute teachers, paraprofessionals, substitute paraprofessionals, counselors, . The training will be conducted by an individual(s) knowledgeable about the laws and issues pertaining to Section 504 and Title II compliance and the specific topics listed below. The training will include: a) A discussion and distribution to trainees of the District’s Section 504 and Title II policies, procedures, manual, and notice of procedural safeguards. b) The identification of the District’s Section 504 and Title II coordinator, including required contact information, and an explanation of the responsibilities of the coordinator(s). c) A discussion of the general anti-discrimination provisions of Section 504 and Title II, including the prohibition against denying a freequalified individual with a disability the opportunity to participate in or benefit from the aid, appropriate public educationbenefit, or service of the District.2 d) A discussion of Section 504’s identification criteria and examples of situations in which school personnel may reasonably conclude that a student needs or is believed to need special education or related aids and services, including 1) when a teacher, based on observation of or work with the student, expresses the view that an evaluation is needed, or 2) when the parent of a student has requested an evaluation. This discussion will include a review of OCR’s Q&A on the Amended ADA, including the answer to question # 9 in that guidance document. e) A discussion and distribution to trainees of the District’s revised notice of nondiscrimination, and anti-discrimination and anti-retaliation policies and procedures, including the District’s grievance procedures for complaints of discrimination and how to file a complaint of discrimination. 2 See, 28 C.F.R. § 35.130(b)(1)(i), (ii) and (vii) (Title II), and 34 C.F.R. § 104.4(b)(1)(i), (ii) and (vii) (Section 504). REPORTING REQUIREMENT: By September 15, 2015, the District will provide documentation training in accordance with the requirements of this Agreement to District principals and administrators. In turn, the principals of each school will ensure their staff is trained by October 1, 2015. By October 15, 2015, the District will provide to OCR documentation showing it has completed the training. The District will provide to OCR documentation showing it has completed the training. The documentation must identify the: i. Date, time, and location of the dates, times, and locations that compensatory and/or remedial services were provided, a description of what was provided, and training. ii. Topics addressed at the name(s) training (the District may provide OCR an outline of the service provider(straining and copy of the materials disseminated in connection with the training). biii. Name(s), title(s), and credentials of the individual(s) If who conducted the Student has not retraining. iv. Name, title, and work location of each employee who attended the training (a sign-enrolled at in sheet with the District by January 1attendees’ names, 2017signatures, the District by January 16titles, 2017, will notify OCR that the Student has not re-enrolledand work locations is sufficient).

Resolution Provisions. 17) If the Student re-enrolls in the District, within ten Within five (105) school days of the date that the Student re-enrollsAgreement is signed, the District will convene a Section implement the complainant’s client’s son’s (Student) most recent 504 meeting and develop Plan, documenting the implementation appropriately, until an updated Section 504 plan. The District will ensure that it documents the development Plan is developed and implementation of the Section 504 plan appropriately implemented in accordance with the procedural requirements of Section 504, at 34 C.F.R. §§ 104.34, 104.35 and 104.36. The . 8) Within two weeks after this Agreement is signed, the District will convene a multidisciplinary meeting at a mutually agreeable date and time, which shall include the Student’s parents and other individuals knowledgeable about the Student (team) will ), to discuss and determine specific compensatory education or services (e.g., one-on- one tutoring outside the academic day, summer classes, counseling, etc.), to address the alleged denial of social skills classes in the consideration a free appropriate public education (FAPE) during a portion of the Student’s 504 plan and determine if specific compensatory education or services are needed2014-15 school year. The team will also determine if the social skills classes are still appropriate and provide written notice to the Complainant of its determinations. 2) If the team determines that compensatory education or services are appropriate, the team will discuss and determine the type, frequency, duration, and location of appropriate compensatory services that will accommodate the Student’s schedule. Compensatory services will be provided at no cost to the parents and will not be scheduled during the Student’s school day or other educational and non-academic activities associated with his school. In addition, the provision of any tutoring or educational programs will be provided by qualified staff. 39) Subsequent to the team’s decision about possible compensatory services, the District and the parents may mutually agree to change the schedule of compensatory services, including the type of compensatory services, based on the individual needs of the Student, which may change over time. If the parties change the schedule or type of compensatory services, the change will be reflected in a written agreement signed and dated by the District and the parents. 10) The District shall not be obligated to provide the specific compensatory classes services if the parent declines those classes services in writing or does not respond to the District’s written offer within two weeks of the date of the District’s offer. If the parent does not make the Student available at the scheduled date or time for a compensatory classesservice, that class service will be considered waived by the parents for that day or time, unless the Complaint provides a good faith reason for the Student being unable to attend, including but not limited to illnessis physically ill, in which case the missed class service will be rescheduled. Any scheduled compensatory class missed due to Student’s unavailability will be rescheduled at a mutually agreeable time. If more than three scheduled compensatory classes are missed due to Student’s unavailability based on illness, the District may require written confirmation of Student’s medical condition from Student’s physician before rescheduling the classes. 411) If necessaryapplicable, the District will provide the Student transportation to and from the location of the compensatory classes. REPORTING REQUIREMENT:services. 12) The District will provide the parents a copy of the District’s notice of the procedural safeguards at the end of the meeting and explain to the parents their right to challenge the team’s determination of compensatory services via a Section 504/Title II impartial hearing. a) Within twenty (20) school days of the date the Student re-enrolls in the DistrictBy October 15, 2015, the District will provide OCR with a copy of its documentation of the implementation of the Student’s updated Section 504 plan and its determination regarding compensatory services Plan, for review and approval. The documentation submitted shall include documentation showing the participants in the meeting(s), an explanation for decisions made, the information considered, including information submitted by the Complainants and the Student and a description of and schedule for providing any compensatory educational and/or remedial services (if any) to the Student. OCR will review the documentation to ensure that the District met the procedural requirements first semester of the regulations implementing Section 504, at 34 C.F.R. §§ 104.34, 104.35 and 104.36, in making these determinations. The District will provide the Complainants a copy of their procedural safeguards to include instructions regarding the procedure for filing a request for an impartial hearing should the complainants disagree with the determination regarding compensatory education or services. When the District has provided all compensatory educational and/or remedial services determined necessary to ensure the Student receives a free, appropriate public education, 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)2015-16 school year. b) If the Student has not re-enrolled at the District by January 1, 2017, the District by January 16, 2017, will notify OCR that the Student has not re-enrolled.