Common use of Individual Remedies Clause in Contracts

Individual Remedies. 2. After providing proper written notice to Student A’s XXXXXXX and counsel, the District will convene a group of knowledgeable persons to determine whether Student A was denied a FAPE during the 2015-16 school year as the result of any failure to implement the transportation plan contained in Student A’s IEP. In addition, the team shall consider whether Student A requires extra-curricular activities in order to be provided with FAPE. If the team concludes that Student A was denied a FAPE as a result of any failure to implement the transportation plan in her IEP or if the team concludes that Student A requires extra-curricular activities in order to receive a FAPE, then the team shall determine whether Student A is in need of compensatory and/or remedial services as a result of the District’s denial of FAPE or failure to include extra-curricular activities in her IEP. In addition, the District will provide Student A’s XXXXXXXX with notice of the procedural safeguards including the right to challenge the group’s determination through an impartial due process hearing. REPORTING REQUIREMENT: By June 30, 2016, the District will report the results of the group’s determination regarding the provision of any compensatory and/or remedial services for Student A. The District shall provide OCR with a copy of the notice provided to Student A’s XXXXXXXXX, documentation showing the participants in the meeting, a narrative statement providing an explanation for the group’s decisions, a description of the information that the group considered, a description of and, if applicable, a schedule for providing any compensatory and/or remedial services to Student A, and documentation that the District provided the procedural safeguards to Student A’s XXXXXXXX. OCR will review the notice documentation to ensure that the group met the procedural requirements of the regulation implementing Section 504, at 34 C.F.R. §§ 104.34, 104.35 and 104.36, in making its determination. The District understands that by signing this agreement, it agrees to provide data and other information in a timely manner in accordance with the reporting requirements of this agreement. Further, the District understands that during the monitoring of this agreement, if necessary, OCR may visit the District, interview staff and students, and request such additional reports or data as are necessary for OCR to determine whether the District has fulfilled the terms of this agreement and is in compliance with the regulations implementing Section 504 at 34 C.F.R. §§ 104.4(a), 104.34, and 104.35, and Title II at 28 C.F.R. § 35.130(a), which were at issue in this case. The District understands that OCR will not close the monitoring of this agreement until OCR determines that the District has fulfilled the terms of this agreement and is in compliance with the regulations implementing Section 504 at 34 C.F.R. §§ 104.4(a), 104.34, and 104.35, and Title II at 28 C.F.R. § 35.130(a), which were at issue in this case. The District understands and acknowledges that OCR may initiate administrative enforcement or judicial proceedings to enforce the specific terms and obligations of this Agreement. Before initiating administrative enforcement (34 C.F.R. §§ 100.9, 100.10), or judicial proceedings to enforce this Agreement, OCR shall give the District written notice of the alleged breach and a minimum of sixty (60) calendar days to cure the alleged breach.

Individual Remedies. 24. After providing proper written notice to If the Student Areenrolls in school in the District, within 15 days of the Student’s XXXXXXX and counselreenrollment, the District will identify and convene a group multidisciplinary team for the Student. The multidisciplinary team will determine the type and amount of knowledgeable persons to determine whether Student A was denied a FAPE during the 2015-16 school year as the result of any failure to implement the transportation plan contained in Student A’s IEP. In addition, the team shall consider whether Student A requires extra-curricular activities in order compensatory education services to be provided to the Student, and develop a plan for providing the compensatory education services to the Student. The multidisciplinary team will determine the type and amount of compensatory services appropriate for the Student based upon the services required in the Student’s December 10, 2016 Individualized Education Program (IEP) from the first day of the 2017-18 school year through September 11, 2017. The District will provide the Complainant written notice of all multidisciplinary team meetings held for the purpose of determining the Student’s compensatory education services and the opportunity to participate in those meetings. Compensatory education services for the Student may include, but are not limited to educational instruction, tutoring, completion or resubmission of assignments, retaking tests, and recalculation of grades. The District’s plan to provide the Student with FAPEcompensatory education services will be developed, included in the Student’s IEP or 504 plan, and implemented. The plan will identify the compensatory education services to be provided to the Student, the manner in which they will be provided, who will provide them, and a schedule for providing them. REPORTING REQUIREMENT: If the team concludes that Student A was denied a FAPE as a result of any failure to implement reenrolls in school in the transportation plan in her IEP or if the team concludes that Student A requires extra-curricular activities in order to receive a FAPEDistrict, then the team shall determine whether Student A is in need of compensatory and/or remedial services as a result within 10 days of the Student’s reenrollment, the District will notify OCR in writing of the Student’s date of reenrollment in the District. REPORTING REQUIREMENT: Within 15 days of developing a plan for the provision of the Student’s denial of FAPE or failure to include extra-curricular activities in her IEP. In additioncompensatory education services, the District will provide Student AOCR a list of the Student’s XXXXXXXX with multidiscipinary team members by name and position; a copy of the Complainant’s notice of multidisciplinary team meetings; a copy of the procedural safeguards including District’s plan for providing the right Student compensatory education services; and information and records used by the multidisciplinary team in determining compensatory education services to challenge be provided to the group’s determination through an impartial due process hearingStudent. REPORTING REQUIREMENT: By June 30, 2016Within 15 days of completing the provison of compensatory education services to the Student, the District will report provide OCR documentation that it has provided all compensatory education services the results District determined to be appropriate pursuant to Item 4 of the group’s determination regarding the provision of any compensatory and/or remedial services for Student A. The District shall provide OCR with a copy Agreement. REPORTING REQUIREMENT: If applicable, within 10 days of the notice provided to Student A’s XXXXXXXXX, documentation showing the participants in the meeting, a narrative statement providing an explanation for the group’s decisions, a description last day of the information that the group considered, a description of and, if applicable, a schedule for providing any compensatory and/or remedial services to Student A2017-18 school year, and documentation that the District provided the procedural safeguards to Student A’s XXXXXXXX. OCR will review the notice documentation to ensure that the group met the procedural requirements within 10 days of last day of the regulation implementing Section 504, at 34 C.F.R. §§ 104.34, 104.35 and 104.36, in making its determination. The District understands that by signing this agreement, it agrees to provide data and other information in a timely manner in accordance with first semester of the reporting requirements of this agreement. Further2018-19 school year, the District understands that during will notify OCR in writing if the monitoring of this agreement, if necessary, OCR may visit the District, interview staff and students, and request such additional reports or data as are necessary for OCR to determine whether Student has not reenrolled in the District has fulfilled the terms of this agreement and is in compliance with the regulations implementing Section 504 at 34 C.F.R. §§ 104.4(a), 104.34, and 104.35, and Title II at 28 C.F.R. § 35.130(a), which were at issue in this case. The District understands during that OCR will not close the monitoring of this agreement until OCR determines that the District has fulfilled the terms of this agreement and is in compliance with the regulations implementing Section 504 at 34 C.F.R. §§ 104.4(a), 104.34, and 104.35, and Title II at 28 C.F.R. § 35.130(a), which were at issue in this case. The District understands and acknowledges that OCR may initiate administrative enforcement or judicial proceedings to enforce the specific terms and obligations of this Agreement. Before initiating administrative enforcement (34 C.F.R. §§ 100.9, 100.10), or judicial proceedings to enforce this Agreement, OCR shall give the District written notice of the alleged breach and a minimum of sixty (60) calendar days to cure the alleged breachterm.

Individual Remedies. 24. After providing proper written notice to Student A’s XXXXXXX and counselBy July 1, 2015, the District will convene a group of knowledgeable persons the complainant’s son’s IEP team to determine consider whether Student A was denied compensatory education services are necessary to ensure the complainant’s son received a FAPE during the 2015second semester of the 2012-16 13 school year as the result of any failure to implement the transportation plan contained in Student A’s IEPyear. In addition, the The IEP team shall will consider whether Student A the complainant’s son requires extra-curricular activities in order to be provided with FAPE. If the team concludes that Student A was denied a FAPE as a result of any failure to implement the transportation plan in her IEP or if the team concludes that Student A requires extra-curricular activities in order to receive a FAPE, then the team shall determine whether Student A is in need of compensatory and/or remedial education services as a result of xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx x, xxxx through xxxxx x, xxxx; xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xx through xxxxx xx, xxxx; or as a result of failing to implement his IEP by not providing math assistance/instruction in the Districtspecial education classroom in May 2013. If the IEP team determines compensatory education services are required for the provision of a FAPE to the complainant’s denial of FAPE or failure to include extra-curricular activities in her IEP. In additionson, the IEP team will, within one week of its determination, identify the necessary compensatory education services and develop a written plan or schedule for providing those services; notify all staff responsible for providing the compensatory education services of their responsibility in writing; provide the compensatory education services according to the written plan or schedule; and document the provision of the compensatory education services to the complainant’s son. If the IEP team determines no compensatory education services are necessary for the provisions of a FAPE to the complainant’s son, the IEP team will identify the information considered in its decision and set forth the reasons for its decision in writing. The District will provide Student Athe Student’s XXXXXXXX with parent/guardian notice of the procedural safeguards including the right to challenge the group’s determination through an impartial due process hearing. REPORTING REQUIREMENT: By June 30, 2016Within 2 weeks of the decision whether compensatory and/or remedial services are needed, the District will report the results of submit to OCR documents supporting the group’s determination regarding the provision of any compensatory and/or remedial services for Student A. decision. The District documentation submitted shall provide OCR with a copy of the notice provided to Student A’s XXXXXXXXX, include documentation showing the participants in the meeting, a narrative statement providing an explanation for decisions made, the group’s decisionsinformation considered, and a description of the information that the group considered, a description of and, if applicable, a and schedule for providing any compensatory and/or remedial services (if any) to Student A, and documentation that the District provided the procedural safeguards to Student A’s XXXXXXXXStudent. OCR will review the notice documentation to ensure that the group District met the procedural requirements of the regulation implementing Section 504, at 34 C.F.R. §§ 104.34, 104.35 and 104.36, in making its determinationthese determinations. The District understands that by signing this agreement, it agrees to provide data and other information in a timely manner in accordance with the reporting requirements of this agreement. Further, the District understands that during the monitoring of this agreement, if necessary, OCR may visit the District, interview staff and students, and request such additional reports or data as are necessary for OCR to determine whether When the District has fulfilled provided all compensatory and/or remedial services the terms District will provide documentation to OCR of this agreement the dates, times and is in compliance with the regulations implementing Section 504 at 34 C.F.R. §§ 104.4(a)locations that compensatory and/or remedial services were provided, 104.34a description of what was provided, and 104.35, and Title II at 28 C.F.R. § 35.130(a), which were at issue in this case. The District understands that OCR will not close the monitoring of this agreement until OCR determines that the District has fulfilled the terms of this agreement and is in compliance with the regulations implementing Section 504 at 34 C.F.R. §§ 104.4(a), 104.34, and 104.35, and Title II at 28 C.F.R. § 35.130(a), which were at issue in this case. The District understands and acknowledges that OCR may initiate administrative enforcement or judicial proceedings to enforce the specific terms and obligations of this Agreement. Before initiating administrative enforcement (34 C.F.R. §§ 100.9, 100.10), or judicial proceedings to enforce this Agreement, OCR shall give the District written notice name(s) of the alleged breach and a minimum of sixty (60) calendar days to cure the alleged breachservice provider(s).

Individual Remedies. 2. After providing proper written notice to Student A’s XXXXXXX and counsel) By September 15, 2018, the District will convene a group of persons knowledgeable persons about Student A, including the Complainant, to determine whether Student A was denied a FAPE requires compensatory services, remedial services, and/or counseling services for the time period Page 2 – Resolution Agreement #05-18-1203 during the 20152017-16 school 18 academic year as when he allegedly was harassed on the result basis of any failure to implement the transportation disability. The group will develop a plan contained in Student A’s IEP. In addition, the team shall consider whether Student A requires extra-curricular activities in order to be provided with FAPE. If the team concludes that Student A was denied a FAPE as a result of any failure to implement the transportation plan in her IEP or if the team concludes that Student A requires extra-curricular activities in order to receive a FAPE, then the team shall determine whether Student A is in need of for providing compensatory and/or remedial services as services, if any, with a result of the District’s denial of FAPE or failure completion date not to include extra-curricular activities in her IEP. In additionextend beyond May 1, the District will provide Student A’s XXXXXXXX with notice of the procedural safeguards including the right to challenge the group’s determination through an impartial due process hearing2019. REPORTING REQUIREMENT: By June September 30, 20162018, the District will report the results of the group’s determination regarding the provision of any compensatory and/or remedial services for Student A. The District shall provide submit to OCR with a copy of the notice provided meeting minutes or similar documentation from the meeting referenced in item #2, including efforts to Student Aobtain the Complainant’s XXXXXXXXXparticipation, documentation showing the participants in the meeting, a narrative statement providing an explanation for the group’s decisionsdecisions made, and a description of the information that the group considered, a description of and, if applicable, a and schedule for providing any compensatory compensatory, remedial, and/or remedial counseling services to Student A, and documentation that the District provided the procedural safeguards to Student A’s XXXXXXXX. A. OCR will review the notice documentation to ensure that the group District met the procedural requirements of the regulation implementing Section 504, at 34 C.F.R. §§ 104.34, 104.35 and 104.36. By December 15, in making its determination2018, the District will submit to OCR an explanation, along with supporting documentation, of when and how any compensatory, remedial, and/or counseling services were provided, when they were provided, and who provided them. The District understands that by signing this agreementAgreement, it agrees to provide data and other the foregoing information in a timely manner in accordance with the reporting requirements of this agreementAgreement. Further, the District understands that that, during the monitoring of this agreement, if necessaryAgreement, OCR may visit the District, interview staff and students, and request such additional reports or data as are necessary for OCR to determine whether the District has fulfilled the terms of this agreement Agreement and is in compliance with the regulations implementing Section 504 504, at 34 C.F.R. §§ 104.4(a), 104.34, and 104.35Part 104, and Title II II, at 28 C.F.R. § 35.130(a)Part 34. Upon the District’s completion of the obligations under this Agreement, which were at issue in this case. The District understands that OCR will not shall close the monitoring of this agreement until OCR determines that the District has fulfilled the terms of this agreement and is in compliance with the regulations implementing Section 504 at 34 C.F.R. §§ 104.4(a), 104.34, and 104.35, and Title II at 28 C.F.R. § 35.130(a), which were at issue in dismiss this case. The District understands and acknowledges that OCR may initiate administrative enforcement or judicial proceedings to enforce the specific terms and obligations of this Agreement. Before initiating administrative enforcement (34 C.F.R. §§ 100.9, 100.10), or judicial proceedings to enforce the specific terms and obligations of this Agreement, OCR shall give the District written notice of the alleged breach and a minimum of sixty (60) calendar days to cure the alleged breach. This Agreement will become effective immediately upon the signature of the District’s representative below.