Common use of Delivery of FAPE Clause in Contracts

Delivery of FAPE. It is acknowledged that legal accountability for the delivery of FAPE is the responsibility of both the sending and serving LEAs. To the extent that IEP driven services are fully funded but not delivered by the serving LEA, compensatory education will be the responsibility of the serving LEA. It is understood that the serving SELPA will inform the district of residence immediately in the event of a disruption of services for any reason, in an effort to allow the district of residence the opportunity to address the service delivery issue. It is understood that each SELPA maintains its own infant/toddler services. Maintenance of Effort (MOE) for infant/toddler programs is measured by the number of students served. If a SELPA other than the SELPA of residence serves an infant, that student shall count toward the serving SELPA’s MOE number. Additionally, the sending LEA will be charged the fee for excess cost for the services provided to the infant/toddler, beyond the J-50 allocation. It is understood that shared services imply shared accountability and shared costs. Specifically, the Parties agree that fees for service will be exchanged for the provision of FAPE as prescribed by the IEP team. Fees will be based on the actual costs of providing services and will be reviewed annually. Fees will be assessed in January and again in June, prorated for days of enrollment, and will be billed to the LEA that is the district of residence. In the event an LEA fails to remit the payment for placement, the LEA/SELPA of service may, at its sole discretion, issue a 20- day termination notice.

Delivery of FAPE. It is acknowledged that legal accountability for the delivery of FAPE is the responsibility of both the sending and serving LEAs. To the extent that IEP driven services are fully funded but not delivered by the serving LEA, compensatory education will be the responsibility of the serving LEA. It is understood that the serving SELPA will inform the district of residence immediately in the event of a disruption of services for any reason, in an effort to allow the district of residence the opportunity to address the service delivery issue. It is understood that each SELPA maintains its own infant/toddler services. Maintenance of Effort (MOE) for infant/toddler programs is measured by the number of students served. If a SELPA other than the SELPA of residence serves an infant, that student shall count toward the serving SELPA’s MOE number. Additionally, the sending LEA XXX will be charged the fee for excess cost for the services provided to the infant/toddler, beyond the J-50 allocation. It is understood that shared services imply shared accountability and shared costs. Specifically, the Parties agree that fees for service will be exchanged for the provision of FAPE as prescribed by the IEP team. Fees will be based on the actual costs of providing services and will be reviewed annually. Fees will be assessed in January and again in June, prorated for days of enrollment, and will be billed to the LEA that is the district of residence. In the event an LEA XXX fails to remit the payment for placement, the LEA/SELPA of service may, at its sole discretion, issue a 20- day termination notice.

Delivery of FAPE. It is acknowledged that legal accountability for the delivery of FAPE is the responsibility of both the sending and serving LEAsSELPAs. To the extent that IEP driven services are fully funded funded, but not delivered by the serving LEASELPA, compensatory education will be the responsibility of the serving LEASELPA. It is understood that the serving SELPA will inform the sending district of residence immediately in the event of a disruption of services for any reason, in an effort to allow the sending district of residence the opportunity to address the service delivery issue. It is understood that each SELPA maintains its own infant/toddler services. Maintenance of Effort (MOE) for infant/toddler programs is measured by the number of students served. If a SELPA other than the SELPA of residence serves an infant, that student shall count toward the serving receiving SELPA’s MOE number. Additionally, the sending LEA XXX will be charged the fee for excess cost for the services provided to the infant/toddler, beyond the J-50 allocation. It is understood that shared services imply shared accountability and shared costs. Specifically, the Parties SELPAs agree that fees for service will be exchanged for the provision of FAPE as prescribed by the IEP team. This includes all IEP driven related services except transportation and mental health services (including interpreter) which are the fiscal responsibility of the sending district. In the event of due process, each district will be responsible for their own attorney’s fees, unless otherwise negotiated on a case-by-case basis. Fees will be based on the actual costs of providing services and will be reviewed annually. Revenue limit no longer applies. Fees will be assessed in January and again in June, prorated for days of enrollment. Fees are to be used exclusively for special education services provided. Demonstrable prorated impact on general education staffing, and necessary to accommodate inclusion will be billed to the LEA that is the district of residence. In the event an LEA fails to remit the payment for placement, the LEA/SELPA of service may, at its sole discretion, issue incrementally offset on a 20- day termination noticeper pupil basis.