Common use of Discharge and Termination Clause in Contracts

Discharge and Termination. (a) The School agrees to use its best efforts to maintain the Student's placement. Notwithstanding the above Section 4, the School may discharge the Student under any of the following conditions: (1) By mutual agreement of the School, LEA and the Student's parent(s), legal guardian(s) or person with legal responsibility for the Student. The LEA shall convene an IEP review meeting within 10 days of receipt of notice from the School for the purpose of planning the Student’s discharge. Discharge will be effective within 30 days of the IEP review meeting unless otherwise agreed to by all parties. (2) If: (i) the Student has reached 22 years of age; (ii) the School has not entered into an agreement satisfactory to the School with a financially responsible person or agency regarding funding for the Student at the School after the Student has reached 22 years of age; and (iii) the School has given 30 days notice to the LEA and the Student's parents, legal guardian or person with legal responsibility for the Student at the School, the School will terminate the Student's placement if such an agreement regarding funding has not been entered into. (3) Any invoice of the School for services provided to the Student remains unpaid for 30 days after the date of rendering of invoice provided that 10 days have elapsed after the School has sent notice to the LEA of non-payment. (4) The IEP does not accurately describe the Student, in that the Student requires a level of staff, services or support services beyond that regularly provided in the School's program unless accommodated under an individual price agreement. (5) The Student presents a clear and present threat to the health and safety of the Student or others; or some other unplanned circumstance which makes it inappropriate for the Student to remain in the program, in which case the Student will be discharged on an emergency basis. (6) The Student's parents, guardian or person with legal responsibility for the Student have failed to comply with the provisions of the agreement. (7) The LEA has failed to comply with the provisions of this Agreement. (b) In the case of an emergency termination, the Student may be discharged immediately provided that the provisions of 603 CMR 28.09(12) and the School’s termination policies are followed. (c) The Student's absence from the School shall not constitute a termination of the Student's enrollment nor reduce any amount which the LEA is obligated to pay hereunder without the School's prior written consent thereto. The LEA shall receive notice of the Student's absence in excess of 10 consecutive days for purposes of convening an IEP Team Meeting.

Discharge and Termination. (a) The School agrees to use its best efforts to maintain the Student's placement. Notwithstanding the above Section 4, the School may discharge the Student under any of the following conditions: (1) By mutual agreement of the School, LEA and the Student's parent(s), legal guardian(s) or person with legal responsibility for the Student. The LEA shall convene an IEP review meeting within 10 days of receipt of notice from the School for the purpose of planning the Student’s discharge. Discharge will be effective within 30 days of the IEP review meeting unless otherwise agreed to by all parties. (2) If: (i) the Student has reached 22 years of age; (ii) the School has not entered into an agreement satisfactory to the School with a financially responsible person or agency regarding funding for the Student at the School after the Student has reached 22 years of age; and (iii) the School has given 30 days notice to the LEA and the Student's parents, legal guardian or person with legal responsibility for the Student at the School, the School will terminate the Student's placement if such an agreement regarding funding has not been entered into. (3) . Any invoice of the School for services provided to the Student remains unpaid for 30 days after the date of rendering of invoice provided that 10 days have elapsed after the School has sent notice to the LEA of non-payment. (4) The IEP does not accurately describe the Student, in that the Student requires a level of staff, services or support services beyond that regularly provided in the School's program unless accommodated under an individual price agreement. (5) The Student presents a clear and present threat to the health and safety of the Student or others; or some other unplanned circumstance which makes it inappropriate for the Student to remain in the program, in which case the Student will be discharged on an emergency basis. (6) The Student's parents, guardian or person with legal responsibility for the Student have failed to comply with the provisions of the agreement. (7) The LEA has failed to comply with the provisions of this Agreement. (b) In the case of an emergency termination, the Student may be discharged immediately provided that the provisions of 603 CMR 28.09(12) and the School’s termination policies are followed. (c) The Student's absence from the School shall not constitute a termination of the Student's enrollment nor reduce any amount which the LEA is obligated to pay hereunder without the School's prior written consent thereto. The LEA shall receive notice of the Student's absence in excess of 10 consecutive days for purposes of convening an IEP Team Meeting.

Discharge and Termination. (a) The School agrees to use its best efforts to maintain the Student's placement. Notwithstanding the above Section 4, the School may discharge the Student under any of the following conditions: (1) By mutual agreement of the School, LEA and the Student's parent(s)parents/guardians, legal guardian(s) or person with legal responsibility for the Student. The LEA shall convene an IEP review meeting within 10 days of receipt of notice from the School for the purpose of planning the Student’s discharge. Discharge will be effective within 30 days of the IEP review meeting unless otherwise agreed to by all parties. (2) If: (i) the Student has reached 22 years of age; (ii) the School has not entered into an agreement satisfactory to the School with a financially responsible person or agency regarding funding for the Student at the School after the Student has reached 22 years of age; and (iii) the School has given 30 days notice to the LEA and the Student's parents, legal guardian /guardians or person with legal responsibility for the Student at the School, the School will terminate the Student's placement if such an agreement regarding funding has not been entered into. (3) Any invoice of the School for services provided to the Student remains unpaid for 30 days after the date of rendering of invoice provided that 10 days have elapsed after the School has sent notice to the LEA of non-payment. (4) The IEP does not accurately describe the Student, in that the Student requires a level of staff, services or support services beyond that regularly provided in the School's program unless accommodated under an individual price agreement. (5) The ; the Student presents a clear and present threat to the health and safety of the Student or others; or some other unplanned circumstance situation exists which makes it inappropriate for the Student to remain in the program, in which case the Student will be discharged on an emergency basis. (65) The Student's parents, guardian /guardians or person with legal responsibility for the Student have failed to comply with the provisions of the agreementagreement referred to in Section 3(a) above. (76) The LEA has failed to comply with the provisions of this Agreement. (b) In the case of an emergency termination, the Student may be discharged immediately provided that the provisions of 603 CMR 28.09(12) and the School’s termination policies are followed. (c) The Student's absence from the School shall not constitute a termination of the Student's enrollment nor reduce any amount which the LEA is obligated to pay hereunder without the School's prior written consent thereto. The LEA shall receive notice of the Student's absence in excess of 10 consecutive days for purposes of convening an IEP Team Meeting.

Discharge and Termination. (a) The School agrees to use its best efforts to maintain the Student's placement. Notwithstanding the above Section 4, the School may discharge the Student under any of the following conditions: (1) By mutual agreement of the School, LEA and the Student's parent(s), legal guardian(s) or person with legal responsibility for the Student. The LEA shall convene an IEP review meeting within 10 days of receipt of notice from the School for the purpose of planning the Student’s discharge. Discharge will be effective within 30 days of the IEP review meeting unless otherwise agreed to by all parties. (2) If: (i) the Student has reached 22 years of age; (ii) the School has not entered into an agreement satisfactory to the School with a financially responsible person or agency regarding funding for the Student at the School after the Student has reached 22 years of age; and (iii) the School has given 30 days notice to the LEA and the Student's parents, legal guardian or person with legal responsibility for the Student at the School, the School will terminate the Student's placement if such an agreement regarding funding has not been entered into. (3) Any invoice of the School for services provided to the Student remains unpaid for 30 days after the date of rendering of invoice provided that 10 days have elapsed after the School has sent notice to the LEA of non-payment. (4) The IEP does not accurately describe the Student, in that the Student requires a level of staff, services or support services beyond that regularly provided in the School's program unless accommodated under an individual price agreement. (5) The Student presents a clear and present threat to the health and safety of the Student or others; or some other unplanned circumstance which makes it inappropriate for the Student to remain in the program, in which case the Student will be discharged on an emergency basis. (6) The Student's parents, guardian or person with legal responsibility for the Student have failed to comply with the provisions of the agreement. (7) The LEA has failed to comply with the provisions of this Agreement. (b) In the case of an emergency terminationemergency, the Student may be discharged immediately provided that the provisions of 603 CMR 28.09(12) and the School’s termination policies are followed. (c) The Student's absence from the School shall not constitute a termination of the Student's enrollment nor reduce any amount which the LEA is obligated to pay hereunder without the School's prior written consent thereto. The LEA shall receive notice of the Student's absence in excess of 10 14 consecutive days for purposes of convening an IEP Team Meeting.

Discharge and Termination. (a) The School agrees to use its best efforts to maintain the Student's placement. Notwithstanding the above Section 4, the School may discharge the Student under any of the following conditions: (1) By mutual agreement of the School, LEA and the Student's parent(s)parents/guardians, legal guardian(s) or person with legal responsibility for the Student. The LEA shall convene an IEP review meeting within 10 days of receipt of notice from the School for the purpose of planning the Student’s discharge. Discharge will be effective within 30 days of the IEP review meeting unless otherwise agreed to by all parties. (2) If: (i) the Student has reached 22 years of age; (ii) the School has not entered into an agreement satisfactory to the School with a financially responsible person or agency regarding funding for the Student at the School after the Student has reached 22 years of age; and (iii) the School has given 30 days notice to the LEA and the Student's parents, legal guardian /guardians or person with legal responsibility for the Student at the School, the School will terminate the Student's placement if such an agreement regarding funding has not been entered into. (3) Any invoice of the School for services provided to the Student remains unpaid for 30 days after the date of rendering of invoice provided that 10 days have elapsed after the School has sent notice to the LEA of non-payment. (4) The IEP does not accurately describe the Student, in that the Student requires a level of staff, services or support services beyond that regularly provided in the School's program unless accommodated under an individual price agreement. (5) The ; the Student presents a clear and present threat to the health and safety of the Student or others; or some other unplanned circumstance situation exists which makes it inappropriate for the Student to remain in the program, in which case the Student will be discharged on an emergency basis. (65) The Student's parents, guardian /guardians or person with legal responsibility for the Student have failed to comply with the provisions of the agreementagreement referred to in Section 3(a) above. (76) The LEA has failed to comply with the provisions of this Agreement. (b) In the case of an emergency terminationemergency, the Student may be discharged immediately provided that the provisions of 603 CMR 28.09(1228.09 (12) and the School’s termination policies are followed. (c) The Student's absence from the School shall not constitute a termination of the Student's enrollment nor reduce any amount which the LEA is obligated to pay hereunder without the School's prior written consent thereto. The LEA shall receive notice of the Student's absence in excess of 10 14 consecutive days for purposes of convening an IEP Team Meeting.