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 School asserts an undue burden or fundamental alteration defense, such assertion may only be made by the School’s Superintendent (“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, and must be accompanied by a written statement of the reasons for reaching that conclusion, including the cost of meeting the requirement and the available funding and other resources. The written statement will be certified by the Superintendent or designee. If such a determination is made, the certifying official will describe in the written statement how it will provide equally effective alternate access, i.e., other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the same benefits or services provided by the School as their nondisabled peers.

Undue Burden and Fundamental Alteration. For any technology-related requirement in this Agreement for which the School asserts an undue burden or fundamental alteration defense, such assertion may only be made by the School’s Superintendent (“Superintendent”) Strive Prep Founder & CEO or by an individual designated by the Superintendent and Founder & CEO who has budgetary authority after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion, including the cost of meeting the requirement and the available funding and other resources. The written statement will be certified by the Superintendent or designeedetermining official. If such a determination is made, the certifying official will describe in the written statement how it will provide equally effective alternate access, i.e., other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the same benefits or services provided by the School as their nondisabled peers.

Undue Burden and Fundamental Alteration. For any technology-related requirement in this Agreement for which the School School, and the State on behalf of the School, asserts an undue burden or fundamental alteration defense, such assertion may only be made by the School’s Superintendent State Commissioner of Education (“Superintendent”commissioner) or by an individual designated by the Superintendent commissioner and who has budgetary authority after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion, including the cost of meeting the requirement and the available funding and other resources. The written statement will be certified by the Superintendent or designeedetermining official. If such a determination is made, the certifying official will describe in the written statement how it will provide equally effective alternate access, i.e., other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the same benefits or services provided by the School as their nondisabled peers.

Undue Burden and Fundamental Alteration. For any technology-related requirement in this Agreement for which the School District asserts an undue burden or fundamental alteration defense, such assertion may only be made by the School’s District Superintendent of Schools (“Superintendent”) or by an individual designated by the District Superintendent of Schools (Superintendent) and who has budgetary authority after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion, including the cost of meeting the requirement and the available funding and other resources. The written statement will be certified by the Superintendent or designeedetermining official. If such a determination is made, the certifying official will describe in the written statement how it will provide equally effective alternate access, i.e., other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the same benefits or services provided by the School as their nondisabled peers.

Undue Burden and Fundamental Alteration. For any technology-related requirement in this Agreement for which the School asserts an undue burden or fundamental alteration defense, such assertion may only be made by the School’s Superintendent (“Superintendent”) or Chief Financial Officer or by an individual designated by the Superintendent one of these individuals and who has budgetary authority after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion, including the cost of meeting the requirement and the available funding and other resources. The written statement will be certified by the Superintendent or designeedetermining official. If such a determination is made, the certifying official will describe in the written statement how it will provide equally effective alternate access, i.e., other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the same benefits or services provided by the School as their nondisabled peers.

Undue Burden and Fundamental Alteration. For any technology-related requirement in this Agreement for which the School asserts an undue burden or fundamental alteration defense, such assertion may only be made by the School’s Superintendent (“Superintendent”) University Prep Founder & CEO or by an individual designated by the Superintendent and Founder & CEO who has budgetary authority after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion, including the cost of meeting the requirement and the available funding and other resources. The written statement will be certified by the Superintendent or designeedetermining official. If such a determination is made, the certifying official will describe in the written statement how it will provide equally effective alternate access, i.e., other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the same benefits or services provided by the School as their nondisabled peers.