Common use of Undue Burden and Fundamental Alteration Clause in Contracts

Undue Burden and Fundamental Alteration. For any technology-related requirement in this agreement for which the district asserts an undue burden or fundamental alteration defense, such assertion may only be made by the district superintendent, or by an individual designated by the superintendent, and who has budgetary authority after considering all resources available for use in the funding and operation of the service, program, or activity. If the district asserts either defense, the district must provide a written statement of the reasons for reaching that conclusion, including the cost of meeting the requirement, the available funding and other resources, and its plan for providing equally effective alternate access. To provide equally effective alternate access, alternatives are not required to produce the identical result or level of achievement for persons with and without disabilities, but must afford persons with disabilities an equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement, in the most integrated setting appropriate to the person’s needs. The written statement will be certified by the superintendent or designee.

Undue Burden and Fundamental Alteration. For any technology-related requirement in this agreement for which the district asserts an undue burden or fundamental alteration defense, such assertion may only be made by the district superintendent, Superintendent or by an individual designated by the superintendent, Superintendent and who has budgetary authority after considering all resources available for use in the funding and operation of the service, program, or activity. If the district asserts either defense, the district must provide a written statement of the reasons for reaching that conclusion, including the cost of meeting the requirement, the available funding and other resources, and its plan for providing equally effective alternate access. To provide equally effective alternate access, alternatives are not required to produce the identical result or level of achievement for persons with and without disabilities, but must afford persons with disabilities an equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement, in the most integrated setting appropriate to the person’s needs. The written statement will be certified by the superintendent Superintendent or designee.

Undue Burden and Fundamental Alteration. For any technology-related requirement in this agreement Agreement for which the district District asserts an undue burden or fundamental alteration defense, such assertion may only be made by the district superintendent, Superintendent or by an individual designated by the superintendentSuperintendent, and who has budgetary authority authority, after considering all resources available for use in the funding and operation of the service, program, or activity. If the district District asserts either defense, the district District must provide a written statement of the reasons for reaching that conclusion, including the cost of meeting the requirement, the available funding and other resources, and its plan for providing equally effective alternate access. To provide equally effective alternate access, alternatives are not required to produce the identical result or level of achievement for persons with and without disabilities, but must afford persons with disabilities an equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement, in the most integrated setting appropriate to the person’s needs. The written statement will be certified by the superintendent Superintendent or designee.

Undue Burden and Fundamental Alteration. For any technology-related requirement in this agreement for which the district IESDB asserts an undue burden or fundamental alteration defense, such assertion may only be made by the district superintendentIESDB’s administrator, or by an individual designated by the superintendentadministrator, and who has budgetary authority after considering all resources available for use in the funding and operation of the service, program, or activity. If the district IESDB asserts either defense, the district IESDB must provide a written statement of the reasons for reaching that conclusion, including the cost of meeting the requirement, the available funding and other resources, and its plan for providing equally effective alternate access. To provide equally effective alternate access, alternatives are not required to produce the identical result or level of achievement for persons with and without disabilities, but must afford persons with disabilities an equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement, in the most integrated setting appropriate to the person’s needs. The written statement will be certified by the superintendent administrator or his or her designee.

Undue Burden and Fundamental Alteration. For any technology-related requirement in this agreement for which the district PAVE asserts an undue burden or fundamental alteration defense, such assertion may only be made by the district superintendentexecutive director, or or, by an individual designated by the superintendentexecutive director, and who has budgetary authority after considering all resources available for use in the funding and operation of the service, program, or activity. If the district PAVE asserts either defense, the district PAVE must provide a written statement of the reasons for reaching that conclusion, including the cost of meeting the requirement, the available funding and other resources, and its plan for providing equally effective alternate access. To provide equally effective alternate access, alternatives are not required to produce the identical result or level of achievement for persons with and without disabilities, but must afford persons with disabilities an equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement, in the most integrated setting appropriate to the person’s needs. The written statement will be certified by the superintendent executive director or designee.

Undue Burden and Fundamental Alteration. For any technology-related requirement in this agreement for which the district asserts an undue burden or fundamental alteration defense, such assertion may only be made by the district superintendent, or by an individual designated by the superintendent, and who has budgetary authority after considering all resources available for use in the funding and operation of the service, program, or activity. If the district asserts either defense, the district must provide a written statement of the reasons for reaching that conclusion, including the cost of meeting the requirement, the available funding and other resources, and its plan for providing equally effective alternate access. To provide equally effective alternate access, alternatives are not required to produce the identical result or level of achievement for persons with and without disabilities, but must afford persons with disabilities an equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement, in the most integrated setting appropriate to the person’s needs. The written statement will be certified by the superintendent or his or her designee.