Exceptional Student Education. (1) The School shall provide Free Appropriate Public Education to each exceptional student enrolled at the school. Students with disabilities shall be provided with programs implemented in accordance with federal, state and local policies and procedures, (or other State-approved procedures) and, specifically, the Individuals with Disabilities Education Improvement Act (IDEIA), Section 504 of the Rehabilitation Act of 1973, ss.1000.05, 1003.57, 1001.42 (4)(l), and 1002.33, F.S., and Chapter 6A-6, F.A.C. (2) The Sponsor will have the responsibility of conducting the evaluation of students referred for potential placement within exceptional student education in accordance with federal and state mandates. The School agrees that the Sponsor will perform all initial evaluations of students initially referred for placement/services within exceptional student education. The School will be responsible for all reevaluations. The School may obtain independent evaluations of students at its expense. These evaluations shall be considered but will not necessarily substitute for an evaluation conducted by Sponsor district’s personnel in a manner and time frame consistent with that of all other schools in the district. (3) Gifted students shall be provided with programs implemented in accordance with state and local policies and procedures, Florida Statutes, and Chapter 6A-6, F.A.C. (4) The School will be responsible for the delivery of all educational and related services indicated on the student’s individualized education program (IEP). Related services e.g., speech/language therapy, occupational therapy, physical therapy, counseling, assessment instruments, assistive technology devices, and therapeutic equipment must be provided by the School staff or paid for through a separate contract. The School will access training opportunities provided by the Sponsor at the Sponsor’s expense to ensure compliance with the IDEIA. The School shall conduct the evaluations of the School’s students referred for physical therapy (PT) and occupational therapy (OT) and speech and language (SL) services. After the student is determined eligible for these services and the initial IEP or 504 Plan is written, the School shall be responsible for providing required PT, OT, and SL services to the student. The School shall ensure that PT, OT and SL therapists who perform the evaluations attend an IEP meeting to review the evaluations when eligibility for services is determined. The evaluation must include a review of the student’s IEP, identification and development of PT, OT and SL goals and/or a treatment plan for the student. The School shall ensure that all therapists review and implement the student’s initial IEP. The School shall ensure that all therapists providing services to the student participate in the student’s annual and interim IEP meetings either in writing, by telephone, or in person. The student’s IEP goals and benchmarks related to these areas are to be updated by the student’s treating therapists. The School shall require all therapists providing services to the student to attend training on delivery of school-based services. The School shall ensure that all therapists receive the required training either through the Sponsor or another provider. The Sponsor may conduct periodic reviews of the paperwork records prepared by the OT, PT and SL therapists providing services to such students. (5) If it is determined by the IEP committee (comprised of the parent or legal guardian of the student, appropriate representatives from the Sponsor and the School, and other school officials as required by s. 300.321, 34 CFR Chapter 111), that the needs of a student with disabilities cannot be met at the School, the Sponsor and School will take steps to secure another placement for the student in accordance with federal and state mandates. The Sponsor will provide an Admissions and Placement Specialist to serve as the Local Education Agency (“LEA”) when the IEP meeting is considering an initial placement, a change in placement, a dismissal from a program or a change in personnel assignments or reassignments. (6) The Sponsor may participate in all IEP meetings (including initial staffing and annual IEP review meetings) at the School and will serve as the Local Educational Agency (LEA) Representative when attending. IEPs and the corresponding Matrix of Services document will be reviewed and monitored by the Sponsor at the same frequency as all other public schools. (7) Students with disabilities will be educated in the least restrictive environment as required by law. Those students, whose needs cannot be adequately addressed at the School as determined by the IEP committee, will be appropriately referred; and the School staff will work together with the Sponsor's personnel to ensure that the needs of these students are met. The School’s staff will work closely, and as early as possible in the planning/development stages, with Sponsor staff to discuss the services needed by the School’s students with disabilities. (8) The School will make a continuum of alternative placements available to students with disabilities. Students with disabilities enrolled in the School will be educated in the least restrictive environment appropriate to their needs, and will be segregated only if the nature and severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. School staff will work closely with the Sponsor’s staff to discuss the needed services (including all related services and programs) of the School’s students with disabilities. In order to ensure the delivery of FAPE, the School shall offer a continuum of placements, including, at a minimum, consultation, support facilitation, and resource classes as required by the student’s IEP. Those students whose needs cannot be adequately addressed at the School as determined by an IEP committee will be referred for appropriate placement based on the IEP designated services; and the School staff will work together with the Sponsor’s personnel to ensure that the needs of these students are met. (9) The School shall provide to parents of exceptional students notice of procedural safeguards in their native language, as provided by FDOE. Procedural safeguards shall be posted on the School’s website and upon request shall be provided to parents electronically or via mail. (10) In the event there is a Due Process Hearing in accordance with Section 615 of the IDEIA involving the provision of education and related services to a student with disabilities at the School, the following shall apply: (a) A student, parent, or guardian who indicates at an IEP, EP or 504 meeting that they wish to file for a due process hearing pursuant to state law and rules shall be given the appropriate forms by the LEA attending the IEP meeting. These forms shall also be provided upon request at any other time. (b) Due process hearing requests (whether received by the Sponsor or by the School) shall be filed with the Sponsor’s Charter School Office and ESE Office. As soon as a request is filed, the filing Party shall notify the other Party. (c) The School, and the School’s legal counsel, shall reasonably participate and assist the Sponsor in any legal or quasi-legal activity regarding the School’s education program or placement afforded an ESE student attending or admitted to the School, such as a due process hearing request or formal complaint. (d) In cooperation with the assigned attorney, the School is responsible for scheduling resolution and mediation meetings as required under state and federal law. (e) The Sponsor shall ensure that (1) the due process hearing is conducted pursuant to applicable state law and rules, (2) a final decision is reached, and (3) a copy of the decision is mailed to the parties. (f) The School shall bear all the costs associated with the administrative due process hearing, legal representation, discovery, court reporter, and interpreter. In the event that the student, parents or guardians prevail, either through a hearing or settlement, the School shall pay any and all attorneys’ fees, reimbursements, compensatory education and any other costs incurred, agreed upon or awarded. (g) If the School receives a complaint filed with, or becomes aware of an investigation by the Office of Civil Rights or any other governmental entity and the complaint or investigation relates to the School and could conceivably involve the Sponsor, the School shall within five (5) business days notify the Sponsor and provide the Sponsor any documentation from the agency. The School shall fully cooperate with the Sponsor during the investigation and proceeding and provide the Sponsor any relevant information. The School shall bear all costs associated with the investigation in the same manner as set forth in subsection (f) above.
Appears in 2 contracts
Samples: Charter School Renewal Contract, Charter School Renewal Contract
Exceptional Student Education. (1) The School shall provide Free Appropriate Public Education to each exceptional student enrolled at the school. Students with disabilities shall be provided with programs implemented in accordance with federal, state and local policies and procedures, (or other State-approved procedures) and, specifically, the Individuals with Disabilities Education Improvement Act (IDEIA), Section 504 of the Rehabilitation Act of 1973, ss.1000.05, 1003.57, 1001.42 (4)(l), and 1002.33, F.S., and Chapter 6A-6, F.A.C.
(2) The Sponsor will have the responsibility of conducting the evaluation of students referred for potential placement within exceptional student education in accordance with federal and state mandates. The School agrees that the Sponsor will perform all initial evaluations of students initially referred for placement/services within exceptional student education. The School will be responsible for all reevaluations. The School may obtain independent evaluations of students at its expense. These evaluations shall be considered but will not necessarily substitute for an evaluation conducted by Sponsor district’s district personnel in a manner and time frame consistent with that of all other schools in the district.
(3) Gifted students Students of gifted shall be provided with programs implemented in accordance with state and local policies and procedures, Florida Statutes, and Chapter 6A-6, F.A.C.
(4) The School will be responsible for the delivery of all educational and related services indicated on the student’s individualized education program (IEP). Related services e.g., speech/language therapy, occupational therapy, physical therapy, counseling, assessment instruments, assistive technology devices, and therapeutic equipment must be provided by the School staff or paid for through a separate contract. The School will access training opportunities provided by the Sponsor at the Sponsor’s expense to ensure compliance with the IDEIA. The School shall conduct the evaluations of the School’s students referred for physical therapy (PT) and occupational therapy (OT) and speech and language (SL) services. After the student is determined eligible for these services and the initial IEP or 504 Plan is written, the School shall be responsible for providing required PT, OT, and SL services to the student. The School shall ensure that PT, OT and SL therapists who perform the evaluations attend an IEP meeting to review the evaluations when eligibility for services is determined. The evaluation must include a review of the student’s IEP, identification and development of PT, OT and SL goals and/or a treatment plan for the student. The School shall ensure that all therapists review and implement the student’s initial IEP. The School shall ensure that all therapists providing services to the student participate in the student’s annual and interim IEP meetings either in writing, by telephone, or in person. The student’s IEP goals and benchmarks related to these areas are to be updated by the student’s treating therapists. The School shall require all therapists providing services to the student to attend training on delivery of school-based services. The Sponsor shall provide training. The School shall ensure that all therapists receive the required training either through the Sponsor or another provider. The Sponsor may conduct periodic reviews of the paperwork records prepared by the OT, PT and SL therapists providing services to such students.
(5) If it is determined by the IEP committee (comprised of the parent or legal guardian of the student, appropriate representatives from the Sponsor and the School, and other school officials as required by s. 300.321, 34 CFR Chapter 111), that the needs of a student with disabilities cannot be met at the School, the Sponsor and School will take steps to secure another placement for the student in accordance with federal and state mandates. The Sponsor will provide an Admissions and Placement Specialist to serve as the Local Education Agency (“LEA”) when the IEP meeting is considering an initial placement, a change in placement, a dismissal from a program or a change in personnel assignments or reassignments.
(6) The Sponsor may participate in all IEP meetings (including initial staffing and annual IEP review meetings) at the School and will serve as the Local Educational Agency (LEA) Representative when attending. IEPs and the corresponding Matrix of Services document will be reviewed and monitored by the Sponsor at the same frequency as all other public schools.
(7) Students with disabilities will be educated in the least restrictive environment as required by law. Those students, whose needs cannot be adequately addressed at the School as determined by the IEP committee, will be appropriately referred; and the School staff will work together with the Sponsor's personnel to ensure that the needs of these students are met. The School’s staff will work closely, and as early as possible in the planning/development stages, with Sponsor staff to discuss the services needed by the School’s students with disabilities.
(8) The School will make a continuum of alternative placements available to students with disabilities. Students with disabilities enrolled in the School will be educated in the least restrictive environment appropriate to their needs, and will be segregated only if the nature and severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. School staff will work closely with the Sponsor’s staff to discuss the needed services (including all related services and programs) of the School’s students with disabilities. In order to ensure the delivery of FAPE, the School shall offer a continuum of placements, including, at a minimum, consultation, support facilitation, and resource classes as required by the student’s IEP. Those students whose needs cannot be adequately addressed at the School as determined by an IEP committee will be referred for appropriate placement based on the IEP designated services; and the School staff will work together with the Sponsor’s personnel to ensure that the needs of these students are met.
(9) The School shall provide to parents of exceptional students notice of procedural safeguards in their native language, as provided by FDOE. Procedural safeguards shall be posted on the School’s website and upon request shall be provided to parents electronically or via mail.
(10) In the event there is a Due Process Hearing in accordance with Section 615 of the IDEIA involving the provision of education and related services to a student with disabilities at the School, the following shall apply:
(a) a. A student, parent, or guardian who indicates at an IEP, EP or 504 meeting that they wish to file for a due process hearing pursuant to state law and rules shall be given the appropriate forms by the LEA attending the IEP meeting. These forms shall also be provided upon request at any other time.
(b) b. Due process hearing requests (whether received by the Sponsor or by the School) shall be filed with the Sponsor’s Charter School Office and ESE Office. As soon as a request is filed, the filing Party shall notify the other Party.
(c) c. The School, and the School’s legal counsel, shall reasonably participate and assist the Sponsor in any legal or quasi-legal activity regarding the School’s education program or placement afforded an ESE student attending or admitted to the School, such as a due process hearing request or formal complaint.
(d) d. In cooperation with the assigned attorney, the School is responsible for scheduling resolution and mediation meetings as required under state and federal law.
(e) e. The Sponsor shall ensure that (1) the due process hearing is conducted pursuant to applicable state law and rules, (2) a final decision is reached, and (3) a copy of the decision is mailed to the parties.
(f) f. The School shall bear all the costs associated with the administrative due process hearing, legal representation, discovery, court reporter, and interpreter. In the event that the student, parents or guardians prevail, either through a hearing or settlement, the School shall pay any and all attorneys’ fees, reimbursements, compensatory education and any other costs incurred, agreed upon or awarded.
(g) g. If the School receives a complaint filed with, or becomes aware of an investigation by with the Office of Civil Rights or any other governmental entity and the complaint or investigation relates to the School and could conceivably involve the Sponsor, the School shall within five (5) business days notify the Sponsor and provide the Sponsor any documentation from the agency. The School shall fully cooperate with the Sponsor during the investigation and proceeding and provide the Sponsor any relevant information. The School shall bear all costs associated with the investigation in the same manner as set forth in subsection (f) f. above.
Appears in 1 contract
Samples: Charter School Renewal Contract
Exceptional Student Education. (1) The School shall provide Free Appropriate Public Education to each exceptional student enrolled at the school. Students with disabilities shall be provided with programs implemented in accordance with federal, state and local policies and procedures, (or other State-approved procedures) and, specifically, the Individuals with Disabilities Education Improvement Act (IDEIA), Section 504 of the Rehabilitation Act of 1973, ss.1000.05, 1003.57, 1001.42 (4)(l), and 1002.33, F.S., and Chapter 6A-6, F.A.C.
(2) The Sponsor will have the responsibility of conducting the evaluation of students referred for potential placement within exceptional student education in accordance with federal and state mandates. The School agrees that the Sponsor will perform all initial evaluations of students initially referred for placement/services within exceptional student education. The School will be responsible for all reevaluations. The School may obtain independent evaluations of students at its expense. These evaluations shall be considered but will not necessarily substitute for an evaluation conducted by Sponsor district’s district personnel in a manner and time frame timeframe consistent with that of all other schools in the district.
(3) Gifted students Students of gifted shall be provided with programs implemented in accordance with state and local policies and procedures, Florida Statutes, and Chapter 6A-6, F.A.C.
(4) The School will be responsible for the delivery of all educational and related services indicated on the student’s individualized education program (IEP). Related services e.g., speech/language therapy, occupational therapy, physical therapy, counseling, assessment instruments, assistive technology devices, and therapeutic equipment must be provided by the School staff or paid for through a separate contract. The School will access training opportunities provided by the Sponsor at the Sponsor’s expense to ensure compliance with the IDEIA. The School shall conduct the evaluations of the School’s students referred for physical therapy (PT) and occupational therapy (OT) and speech and language (SL) services. After the student is determined eligible for these services and the initial IEP or 504 Plan is written, the School shall be responsible for providing required PT, OT, and SL services to the student. The School shall ensure that PT, OT and SL therapists who perform the evaluations attend an IEP meeting to review the evaluations when eligibility for services is determined. The evaluation must include a review of the student’s IEP, identification and development of PT, OT and SL goals and/or a treatment plan for the student. The School shall ensure that all therapists review and implement the student’s initial IEP. The School shall ensure that all therapists providing services to the student participate in the student’s annual and interim IEP meetings either in writing, by telephone, or in person. The student’s IEP goals and benchmarks related to these areas are to be updated by the student’s treating therapists. The School shall require all therapists providing services to the student to attend training on delivery of school-based services. The School Sponsor shall ensure provide that all therapists receive the required training either through the Sponsor or another providertraining. The Sponsor may conduct periodic reviews of the paperwork records prepared by the OT, PT and SL therapists providing services to such students.
(5) If it is determined by the IEP committee (comprised of the parent or legal guardian of the student, appropriate representatives from the Sponsor and the School, and other school officials as required by s. 300.321, 34 CFR Chapter 111), that the needs of a student with disabilities cannot be met at the School, the Sponsor and School will take steps to secure another placement for the student in accordance with federal and state mandates. The Sponsor will provide an Admissions and Placement Specialist to serve as the Local Education Agency (“LEA”) when the IEP meeting is considering an initial placement, a change in placement, a dismissal from a program or a change in personnel assignments or reassignments.
(6) The Sponsor may participate in all IEP meetings (including initial staffing and annual IEP review meetings) at the School and will serve as the Local Educational Agency (LEA) Representative when attending. IEPs and the corresponding Matrix of Services document will be reviewed and monitored by the Sponsor at the same frequency as all other public schools.
(7) Students with disabilities will be educated in the least restrictive environment as required by law. Those students, whose needs cannot be adequately addressed at the School as determined by the IEP committee, will be appropriately referred; and the School staff will work together with the Sponsor's personnel to ensure that the needs of these students are met. The School’s staff will work closely, and as early as possible in the planning/development stages, with Sponsor staff to discuss the services needed by the School’s students with disabilities.
(8) The School will make a continuum of alternative placements available to students with disabilities. Students with disabilities enrolled in the School will be educated in the least restrictive environment appropriate to their needs, and will be segregated only if the nature and severity of the disability is such that education in regular classes with the use of supplementary aids aides and services cannot be achieved satisfactorily. School staff will work closely with the Sponsor’s staff to discuss the needed services (including all related services and programs) of the School’s students with disabilities. In order to ensure the delivery of FAPE, the School shall offer a continuum of placements, including, at a minimum, consultation, support facilitation, and resource classes classes, up to the limits described in the Application (but only to the extent said limitations in the Application, if any, are fully compliant with federal and state law), as required by the student’s IEP. Those students whose needs cannot be adequately addressed at the School as determined by an IEP committee will be referred for appropriate placement based on the IEP designated services; and the School staff will work together with the Sponsor’s personnel to ensure that the needs of these students are met.
(9) The School shall provide to parents of exceptional students notice of procedural safeguards in their native language, as provided by FDOE. Procedural safeguards shall be posted on the School’s website and upon request shall be provided to parents electronically or via mail.
(10) In the event there is a Due Process Hearing in accordance with Section 615 of the IDEIA involving the provision of education and related services to a student with disabilities at the School, the following shall apply:
(a) a. A student, parent, or guardian who indicates at an IEP, EP or 504 meeting that they wish to file for a due process hearing pursuant to state law and rules shall be given the appropriate forms by the LEA attending the IEP meeting. These forms shall also be provided upon request at any other time.
(b) b. Due process hearing requests (whether received by the Sponsor or by the School) shall be filed with the Sponsor’s Charter School Office and ESE Office. As soon as a request is filed, the filing Party party shall notify the other Partyparty.
(c) c. The School, and the School’s legal counsel, shall reasonably fully participate and assist the Sponsor in any legal or quasi-legal activity regarding the School’s education program or placement afforded an ESE student attending or admitted to the School, such as a due process hearing request or formal complaint.
(d) d. In cooperation with the assigned attorney, the School is responsible for scheduling resolution and mediation meetings as required under state and federal law.
(e) e. The Sponsor shall ensure that (1) the due process hearing is conducted pursuant to applicable state law and rules, (2) a final decision is reached, and (3) a copy of the decision is mailed to the parties.
(f) f. The School shall bear all the costs associated with the administrative due process hearing, legal representation, discovery, court reporter, and interpreter. In the event that the student, parents or guardians prevail, either through a hearing or settlement, the School shall pay any and all attorneys’ fees, reimbursements, compensatory education and any other costs incurred, agreed upon or awardedawarded that are attributable to the actions or omissions of the School; however, the Sponsor shall assume and/or reimburse the costs of the defense attributable to, caused by or through the fault of the Sponsor, if any. Costs and fees incurred will be automatically reduced from the FTE funds passed through the Sponsor to the School, without any penalty of interest, although the School may request and the parties agree to a payment plan.
(g) g. If the School receives a complaint filed with, or becomes aware of an investigation by with the Office of Civil Rights or any other governmental entity and the complaint or investigation relates to the School and could conceivably involve the Sponsor, the School shall within five one (51) business days school day notify the Sponsor and provide the Sponsor any documentation from the agency. The School shall fully cooperate with the Sponsor during the investigation and proceeding and provide the Sponsor any relevant information. The School shall bear all costs associated with the investigation in the same manner as set forth in subsection (f) f. above.
Appears in 1 contract
Samples: Charter School Renewal Contract
Exceptional Student Education. (1) The School shall provide Free Appropriate Public Education to each exceptional student enrolled at the school. Students with disabilities shall be provided with programs implemented in accordance with federal, state and local policies and procedures, (or other State-approved procedures) and, specifically, the Individuals with Disabilities Education Improvement Act (IDEIA), Section 504 of the Rehabilitation Act of 1973, ss.1000.05, 1003.57, 1001.42 (4)(l), and 1002.33, F.S., and Chapter 6A-6, F.A.C.
(2) The Sponsor will have the responsibility of conducting the evaluation of students referred for potential placement within exceptional student education in accordance with federal and state mandates. The School agrees that the Sponsor will perform all initial evaluations of students initially referred for placement/services within exceptional student education. The School will be responsible for all reevaluations. The School may obtain independent evaluations of students at its expense. These evaluations shall be considered but will not necessarily substitute for an evaluation conducted by Sponsor district’s district personnel in a manner and time frame timeframe consistent with that of all other schools in the district.
(3) Gifted students shall be provided with programs implemented in accordance with state and local policies and procedures, Florida Statutes, and Chapter 6A-6, F.A.C.
(4) The School will be responsible for the delivery of all educational and related services indicated on the student’s individualized education program (IEP). Related services e.g., speech/language therapy, occupational therapy, physical therapy, counseling, assessment instruments, assistive technology devices, and therapeutic equipment must be provided by the School staff or paid for through a separate contract. The School will access training opportunities provided by the Sponsor at the Sponsor’s expense to ensure compliance with the IDEIA. The School shall conduct the evaluations of the School’s students referred for physical therapy (PT) and occupational therapy (OT) and speech and language (SL) services. After the student is determined eligible for these services and the initial IEP or 504 Plan is written, the School shall be responsible for providing required PT, OT, and SL services to the student. The School shall ensure that PT, OT and SL therapists who perform the evaluations attend an IEP meeting to review the evaluations when eligibility for services is determined. The evaluation must include a review of the student’s IEP, identification and development of PT, OT and SL goals and/or a treatment plan for the student. The School shall ensure that all therapists review and implement the student’s initial IEP. The School shall ensure that all therapists providing services to the student participate in the student’s annual and interim IEP meetings either in writing, by telephone, or in person. The student’s IEP goals and benchmarks related to these areas are to be updated by the student’s treating therapists. The School shall require all therapists providing services to the student to attend training on delivery of school-based services. The School Sponsor shall ensure provide that all therapists receive the required training either through the Sponsor or another providertraining. The Sponsor may conduct periodic reviews of the paperwork records prepared by the OT, PT and SL therapists providing services to such students.
(5) If it is determined by the IEP committee (comprised of the parent or legal guardian of the student, appropriate representatives from the Sponsor and the School, and other school officials as required by s. 300.321, 34 CFR Chapter 111), that the needs of a student with disabilities cannot be met at the School, the Sponsor and School will take steps to secure another placement for the student in accordance with federal and state mandates. The Sponsor will provide an Admissions and Placement Specialist to serve as the Local Education Agency (“LEA”) when the IEP meeting is considering an initial placement, a change in placement, a dismissal from a program or a change in personnel assignments or reassignments.
(6) The Sponsor may participate in all IEP meetings (including initial staffing and annual IEP review meetings) at the School and will serve as the Local Educational Agency (LEA) Representative when attending. IEPs and the corresponding Matrix of Services document will be reviewed and monitored by the Sponsor at the same frequency as all other public schools.
(7) Students with disabilities will be educated in the least restrictive environment as required by law. Those students, whose needs cannot be adequately addressed at the School as determined by the IEP committee, will be appropriately referred; and the School staff will work together with the Sponsor's personnel to ensure that the needs of these students are met. The School’s staff will work closely, and as early as possible in the planning/development stages, with Sponsor staff to discuss the services needed by the School’s students with disabilities.
(8) The School will make a continuum of alternative placements available to students with disabilities. Students with disabilities enrolled in the School will be educated in the least restrictive environment appropriate to their needs, and will be segregated only if the nature and severity of the disability is such that education in regular classes with the use of supplementary aids aides and services cannot be achieved satisfactorily. School staff will work closely with the Sponsor’s staff to discuss the needed services (including all related services and programs) of the School’s students with disabilities. In order to ensure the delivery of FAPE, the School shall offer a continuum of placements, including, at a minimum, consultation, support facilitation, and resource classes as required by the student’s IEP. Those students whose needs cannot be adequately addressed at the School as determined by an IEP committee will be referred for appropriate placement based on the IEP designated services; and the School staff will work together with the Sponsor’s personnel to ensure that the needs of these students are met.
(9) The School shall provide to parents of exceptional students notice of procedural safeguards in their native language, as provided by FDOE. Procedural safeguards shall be posted on the School’s website and upon request shall be provided to parents electronically or via mail.
(10) In the event there is a Due Process Hearing in accordance with Section 615 of the IDEIA involving the provision of education and related services to a student with disabilities at the School, the following shall apply:
(a) a. A student, parent, or guardian who indicates at an IEP, EP or 504 meeting that they wish to file for a due process hearing pursuant to state law and rules shall be given the appropriate forms by the LEA attending the IEP meeting. These forms shall also be provided upon request at any other time.
(b) b. Due process hearing requests (whether received by the Sponsor or by the School) shall be filed with the Sponsor’s Charter School Office and ESE Office. As soon as a request is filed, the filing Party party shall notify the other Partyparty.
(c) c. The School, and the School’s legal counsel, shall reasonably fully participate and assist the Sponsor in any legal or quasi-legal activity regarding the School’s education program or placement afforded an ESE student attending or admitted to the School, such as a due process hearing request or formal complaint.
(d) d. In cooperation with the assigned attorney, the School is responsible for scheduling resolution and mediation meetings as required under state and federal law.
(e) e. The Sponsor shall ensure that (1) the due process hearing is conducted pursuant to applicable state law and rules, (2) a final decision is reached, and (3) a copy of the decision is mailed to the parties.
(f) f. The School shall bear all the costs associated with the administrative due process hearing, legal representation, discovery, court reporter, and interpreter. In the event that the student, parents or guardians prevail, either through a hearing or settlement, the School shall pay any and all attorneys’ fees, reimbursements, compensatory education and any other costs incurred, agreed upon or awarded.
(g) g. If the School receives a complaint filed with, or becomes aware of an investigation by with the Office of Civil Rights or any other governmental entity and the complaint or investigation relates to the School and could conceivably involve the Sponsor, the School shall within five one (51) business days school day notify the Sponsor and provide the Sponsor any documentation from the agency. The School shall fully cooperate with the Sponsor during the investigation and proceeding and provide the Sponsor any relevant information. The School shall bear all costs associated with the investigation in the same manner as set forth in subsection (f) f. above.
Appears in 1 contract
Samples: Charter School Renewal Contract