Due Process Hearings. The School shall be liable to Sponsor for all damages, attorney’s fees and costs awarded against the Sponsor relating to an alleged violation by the School of federal and/or state laws related to the education of students with disabilities, including, without limitation, formal complaints, due process hearings, mediations or other court proceedings, relating to Section 615 of the Individuals with Disabilities Education Improvement Act or Section 504 of the Rehabilitation Act of 1973 and School shall be liable for all attorney’s fees and costs incurred by the Sponsor in its defense of any claims. The School shall not be obligated to Sponsor under this subsection for any damages, attorney’s fees and costs awarded in favor of a student with disabilities due to Sponsor’s violation of federal and/or state laws related to the education of students with disabilities, including, without limitation, formal complaints, due process hearings, mediations or other court proceedings, relating to Section 615 of the Individuals with Disabilities Education Improvement Act or Section 504 of the Rehabilitation Act of 1973 or for any costs and attorney’s fees incurred by Sponsor in defending a claim that resulted in such an award. All expenses, cost and attorney’s fees owed to the Sponsor based on this Section shall be reimbursed by the School within thirty (30) days of the submission of a written invoice to School by the Sponsor.
Due Process Hearings. The Board shall establish student discipline policies and procedures. Xxxxxxxx shall implement such policies and procedures, which shall include, but not limited to, providing students with due process hearings in conformity with the requirements of state and federal law regarding discipline, special education, confidentiality and access to records. The Board shall provide students with a right to appeal directly to the Board for any matter of discipline that includes the possibility of long-term suspension or expulsion.
Due Process Hearings. The Charter School's implementation of programs required to be in compliance with laws governing the education of children with disabilities may be subject to due process hearing and court supervision via litigation against the Charter School brought by individuals affected by the actions of the Charter School. The Charter School is aware that the cost to the Charter School of due process hearings and litigation can be substantial. The Charter School acknowledges and agrees that the SBE is in no way responsible for the costs of such costs, including but not limited to attorneys’ fees.
Due Process Hearings. In consultation with the Charter School, the District may initiate a due process hearing on behalf of a student enrolled in Charter School as the District determines is legally necessary to meet a school agency’s responsibilities under federal and state law. The District shall defend any due process hearing brought by a student enrolled in the Charter School. In the event that the District determines that legal counsel representation is needed, the District/Charter School shall be jointly represented by legal counsel and the District shall pay the expenses of legal counsel, unless there is a conflict of interest. The Charter School shall pay a prorated share of the District’s special education costs pursuant to section (7)(b) of this Agreement, and in so doing is paying a portion of these costs when appropriate. In the case separate counsel is needed by the Charter School, the Charter School shall be responsible for the separate costs of its legal counsel.
Due Process Hearings. In the event that the parents/guardians file for a due process hearing, or request mediation, the Chartering Authority and the Charter School shall work together to defend the case. In the event that the Chartering Authority determines that legal representation is needed, the Chartering Authority and the Charter School shall be jointly represented by legal counsel of the Chartering Authority’s choosing, unless there is an actual conflict of interest. The Parties acknowledge that, because of their potential adverse interests, their joint representation presents a potential conflict of interest, which must be disclosed to them in writing. If the Chartering Authority, its counsel, or the Charter School determines that an actual conflict of interest exists, then the Charter School shall retain separate legal counsel at its own expense. The Chartering Authority shall have sole discretion to settle any matter in mediation or due process, which settlement shall be binding upon the Charter School except in those cases when modifications or accommodations materially change the education program at the Charter School as provided in the Fully Amended and Approved Charter Application (Exhibit 1), in which case a Charter School representative must be consulted. The Chartering Authority shall also retain sole discretion to file an appeal from a due process hearing or take other legal action involving any Charter School student necessary to protect its rights.
Due Process Hearings. Contractor shall provide student due process hearings in conformity with the requirements of state and federal law regarding discipline, special education, confidentiality and access to record, consistent with the Academy’s own obligations and policy. The Board shall retain the right to provide due process as required by law and to determine whether any student will be expelled. In the event that Contractor facilitates a student due process hearing, they shall inform the Board that an expulsion hearing is scheduled as well as the result of the hearing.
Due Process Hearings. 30.4.1 When a unit member is required to participate in a due process hearing or other due process procedure, the District will provide the unit member with release time for the purposes of preparation and attendance at the hearing, without loss of compensation. If the due process hearing is held during instructional preparation time or after regular hours of employment, a unit member will receive the hourly per diem rate of pay or will be provided compensatory release time which may be accumulated and utilized at the unit member’s discretion.
Due Process Hearings. The withdrawing or withdrawn member board will defend and be solely responsible for the relief awarded as a result of any due process hearings and appeals therefrom, administrative or judicial, which are requested or taken to contest a change in placement of a withdrawing member board’s student due to the withdrawal, including attorney's fees and costs of defense thereof.
Due Process Hearings. The Charter School's implementation of the laws governing education of a child with a disability may be subject to court supervision via litigation against the Charter School brought by individuals affected by the actions of the Charter School. The Charter School is aware that the cost to the Charter School of this litigation can be substantial.
Due Process Hearings. Each bargaining unit member shall be entitled to a hearing before the full Board for the following reasons:
