Common use of LEGAL RESPONSIBILITIES Clause in Contracts

LEGAL RESPONSIBILITIES. 6.1 Each Member District with resident students receiving services under this Agreement shall be solely responsible for the provision of a Free Appropriate Public Education ("FAPE") required for each student. Students who reside in another Member District and who attend Cluster Sites are not considered legal transfers of Irving ISD, Fiscal Agent. The sending District continues to serve the role as the LEA to the extent permitted by TEA, Member Districts where the student resides or where students are enrolled will be counted in that Member District’s accountability report. 6.2 The Member District wherein the student resides or in which the student is enrolled is responsible for legal costs, court costs and attorney's fees, resulting from litigation directly involving that student including but not limited to special education due process hearings brought pursuant to the IDEA The Member District shall have the right to control the defense of such action, and shall be responsible for all costs in such defense and all damages and obligations arising therefrom. 6.3 If the IRDSPD SSA, the Fiscal Agent, and/or any of their respective employees, agents or officers are named as a party in litigation under the IDEA (a Special Education Due Process Hearing or lawsuit filed in Federal or State Court) or Section 504 of the Rehabilitation Act or the Americans with Disabilities Act, involving a student being served under this Agreement, the Member District wherein the student resides remains responsible for legal costs, court costs, attorney's fees and damages or settlement costs resulting from litigation directly involving such student including reimbursement to the IRDSPD SSA or the Fiscal Agent for any such costs incurred by the IRDSPD SSA or the Fiscal Agent. 6.4 Each Member District shall be responsible for legal fees incurred due to complaints, grievances, or litigation arising from or related to an employee with whom the Member District has an employment contractor with whom the Member District has an employment relationship. The Fiscal Agent shall be responsible for legal fees incurred due to complaints, grievances, or litigation arising from or related to an employee with whom it has an employment contract or employment relationship. 6.5 The legal responsibilities stated herein shall survive the expiration of this contract should litigation arise from events that occurred during the term of the contract. 6.6 The Member Districts and the Fiscal Agent agree to negotiate in good faith to resolve any disputes that may arise among or between some or all the parties to this Agreement. If the dispute cannot be resolved by negotiations, the dispute shall be submitted to mediation before resort to litigation. If the need for mediation arises a mutually acceptable mediator shall be chosen by the parties to the dispute who shall share the cost of mediation services based upon an equal split among the Member Districts. The Fiscal Agent shall contribute an equal share in the cost for mediation. Mediation is a voluntary dispute resolution process in which the parties to the dispute meet with an impartial person called a mediator, who will help resolve the dispute informally and confidentially. Mediators facilitate the resolution of dispute but cannot impose binding decisions. The parties to the dispute must agree before any settlement is binding. If legal action ensues, venue shall lie in Dallas County. 6.7 Except as otherwise provided herein, each Member District and IRDSPD SSA bears its own risk of loss. "Loss" includes, but is not limited to, damage to or loss of personal or real property, costs of administrative hearings, litigation expenses, awards of actual damages, court costs, attorney fees, and settlement costs.

LEGAL RESPONSIBILITIES. 6.1 7.1 Each Member District with resident students receiving services under this Agreement shall be solely responsible for the provision of a Free Appropriate Public Education ("FAPE") required for each student. Students who reside in another Member District and who attend Cluster Sites are not considered legal transfers of Irving Dallas ISD, Fiscal Agent. The sending District continues to serve the role as the LEA to the extent permitted by TEA, Member Districts where the student resides or where students are enrolled will be counted in that Member District’s 's accountability report. 6.2 7.2 The Member District wherein the student resides or in which the student is enrolled is responsible for legal costs, court costs and attorney's fees, resulting from litigation directly involving that student including but not limited to special education due process hearings brought pursuant to the IDEA The Member District shall have the right to control the defense of such action, and shall be responsible for all costs in such defense and all damages and obligations arising therefrom. 6.3 7.3 If the IRDSPD DRDSPD SSA, the Fiscal Agent, and/or any of their respective employees, agents or officers are named as a party in litigation under the IDEA (a Special Education Due Process Hearing or lawsuit filed in Federal or State Court) or Section 504 of the Rehabilitation Act or the Americans with Disabilities Act, involving a student being served under this Agreement, the Member District wherein the student resides remains responsible for legal costs, court costs, attorney's fees and damages or settlement costs resulting from litigation directly involving such student including reimbursement to the IRDSPD DRDSPD SSA or the Fiscal Agent for any such costs incurred by the IRDSPD DRDSPD SSA or the Fiscal Agent. 6.4 7.4 Each Member District shall be responsible for legal fees incurred due to complaints, grievances, or litigation arising from or related to an employee with whom the Member District has an employment contractor contract or with whom the Member District has an employment relationship. The Fiscal Agent shall be responsible for legal fees incurred due to complaints, grievances, or litigation arising from or related to an employee with whom it has an employment contract or employment relationship. 6.5 The legal responsibilities stated herein shall survive the expiration of this contract should litigation arise from events that occurred during the term of the contract. 6.6 The Member Districts and the Fiscal Agent agree to negotiate in good faith to resolve any disputes that may arise among or between some or all the parties to this Agreement. If the dispute cannot be resolved by negotiations, the dispute shall be submitted to mediation before resort to litigation. If the need for mediation arises a mutually acceptable mediator shall be chosen by the parties to the dispute who shall share the cost of mediation services based upon an equal split among the Member Districts. The Fiscal Agent shall contribute an equal share in the cost for mediation. Mediation is a voluntary dispute resolution process in which the parties to the dispute meet with an impartial person called a mediator, who will help resolve the dispute informally and confidentially. Mediators facilitate the resolution of dispute but cannot impose binding decisions. The parties to the dispute must agree before any settlement is binding. If legal action ensues, venue shall lie in Dallas County. 6.7 Except as otherwise provided herein, each Member District and IRDSPD SSA bears its own risk of loss. "Loss" includes, but is not limited to, damage to or loss of personal or real property, costs of administrative hearings, litigation expenses, awards of actual damages, court costs, attorney fees, and settlement costs.

LEGAL RESPONSIBILITIES. 6.1 Each Member District with resident students receiving services under this Agreement 10.1 Except as otherwise provided herein, the member district wherein the student resides shall be solely responsible for the provision of a Free Appropriate Public Education ("FAPE") required for each student. Students who reside in another Member District and who attend Cluster Sites are not considered legal transfers of Irving ISD, Fiscal Agent. The sending District continues to serve the role as the LEA to the extent permitted by TEA, Member Districts where the student resides or where students are enrolled will be counted in that Member District’s accountability report). 6.2 The 10.2 Except as otherwise provided herein, the Member District wherein the student resides or in which the student is enrolled is responsible for legal costs, court costs and attorney's ’s fees, resulting from litigation directly involving that student including but not limited to student. 10.3 The District wherein the Site-based Program is located will be deemed the Local Education Agency (LEA) for all students attending that program and shall therefore be responsible for the provision of a Free Appropriate Public Education (FAPE). In the event litigation arises under the IDEA, naming the district wherein the Site-based Program is located, as a party in a special education due process hearings brought pursuant to the IDEA The Member District shall have the right to control the defense of such action, and shall be responsible for all costs in such defense and all damages and obligations arising therefrom. 6.3 If the IRDSPD SSA, the Fiscal Agent, and/or any of their respective employees, agents hearing or officers are named as a party in litigation under the IDEA (a Special Education Due Process Hearing or lawsuit filed in Federal or State Court) or Section 504 of the Rehabilitation Act or the Americans with Disabilities Actcourt, involving and such litigation involves a student being served under this Agreementwho resides in another member district, but attends the Member District Site-based Program, then it is agreed that the students district of residence will reimburse the district wherein the student resides remains responsible Site- based Program is located for legal costs, court costs, costs and attorney's ’s fees and damages or settlement costs resulting from litigation directly involving that student. Member Districts agree and acknowledge that the cost sharing contemplated in this provision is for an educational purpose and the furtherance of the SSA programs. Notwithstanding the above, it is agreed that such student including reimbursement to the IRDSPD SSA or set forth in this provision is not required, if the Fiscal Agent for determines that an employee assigned to the Site- based Program was grossly negligent or engaged in sexual or physical abuse, any such costs incurred by of which was the IRDSPD SSA or subject of the litigation brought against the Fiscal Agent. Grossly negligent is defined as: “an act or omission that objectively presents an extreme degree of risk as well as the actors subjective conscious indifference to the safety or welfare of others.” 6.4 10.4 Each Member District shall be responsible for legal fees incurred due to complaints, grievances, or litigation arising from or related to an employee with whom the Member District district has an employment contractor a contract or with whom the Member District district has an employment relationship. The Fiscal Agent Xxxxx ISD shall be responsible for legal fees incurred due to complaints, grievances, or litigation arising from or related to an employee with whom it has an employment contract or employment relationshipits employees. 6.5 10.5 The legal responsibilities stated herein shall survive the expiration of this contract should litigation arise from events that occurred during the term of the contract. 6.6 10.6 The Member Districts of this RDSPD Agreement and the Fiscal Agent agree to negotiate in good faith to resolve any disputes dispute related to the contract that may arise among or between some or all from the parties to this AgreementMember Districts. If the dispute cannot be resolved by negotiations, the dispute shall be submitted to mediation before resort resorting to litigation. If the need for mediation arises arises, a mutually acceptable mediator shall be chosen by the parties to the dispute dispute, who shall share the cost of mediation services based upon an equal split among between the Member Districts. The Fiscal Agent shall contribute an equal share in the cost for mediation. Mediation is a voluntary dispute resolution process in which the parties to the dispute meet with an impartial person person, called a mediator, who will help to resolve the dispute informally and confidentially. Mediators facilitate the resolution of dispute disputes but cannot impose binding decisions. The parties to the dispute must agree before any settlement is binding. If legal action ensues, venue shall lie in Dallas County. 6.7 Except as otherwise provided herein, each Member District and IRDSPD SSA bears its own risk of loss. "Loss" includes, but is not limited to, damage to or loss of personal or real property, costs of administrative hearings, litigation expenses, awards of actual damages, court costs, attorney fees, and settlement costs.

LEGAL RESPONSIBILITIES. 6.1 Each 10.1 The Member District with resident students receiving services under this Agreement wherein the student resides shall be solely responsible for the provision of a Free Appropriate Public Education ("“FAPE") required for each student. Students who reside in another Member District and who attend Cluster Sites are not considered legal transfers of Irving ISD, Fiscal Agent. The sending District continues to serve the role as the LEA to the extent permitted by TEA, Member Districts where the student resides or where students are enrolled will be counted in that Member District’s accountability report”). 6.2 10.2 The Member District wherein the student resides or in which the student is enrolled is responsible for legal costs, court costs and attorney's fees, resulting from litigation directly involving that student including but not limited to special education due process hearings brought pursuant to the IDEA The Member District shall have the right to control the defense of such action, and shall be responsible for all costs in such defense and all damages and obligations arising therefrom. 6.3 If the IRDSPD SSA, the Fiscal Agent, and/or any of their respective employees, agents or officers are named student. Except as a party in litigation under the IDEA (a Special Education Due Process Hearing or lawsuit filed in Federal or State Court) or Section 504 of the Rehabilitation Act or the Americans with Disabilities Act, involving a student being served under this Agreementotherwise provided herein, the Member District wherein the student resides remains is responsible for legal costsfees incurred due to TEA complaints, court costs, attorney's fees Office of Civil Rights (“OCR”) complaints and damages or settlement costs resulting from litigation grievances directly involving such student including reimbursement to that student. 10.3 Except as otherwise provided herein, if the IRDSPD SSA is a named party in an administrative hearing or lawsuit filed in federal or state court, or should the Fiscal Agent incur costs as a result of any litigation against the SSA, each Member District will be responsible for any the costs based upon a ratio as outlined in 6.2 herein. If the SSA or its Fiscal Agent is named as a party (in addition to the Member District wherein the student resides) in a Due Process Hearing or legal proceeding in state or federal court (brought pursuant to the IDEA or Section 504) involving a special education student receiving services from a Member District, then such costs shall be allocated among the Member Districts based on the percentage of weighted full-time equivalents as designated by the SSA Board on an annual basis. These costs are limited to reasonable and necessary legal fees incurred by the IRDSPD SSA or its Fiscal Agent which are required for the legal defense of the SSA or its Fiscal Agent, in their respective roles as the SSA or Fiscal Agent. The Fiscal Agent, as a Member District, is subject to 10.1 and 10.2 regarding litigation involving students that reside in the Fiscal AgentAgent Member District. 6.4 10.4 Each Member District shall be responsible for legal fees incurred due to complaints, grievances, or litigation arising from or related to an employee with whom the Member District has an employment contractor a contract or with whom the Member District has an employment relationship. The . 10.5 Should the Fiscal Agent incur costs as a result of any complaints, grievances or lawsuits arising from the Co-op's employee's discharge of duties set forth herein, then such costs shall be responsible for legal fees incurred due to complaints, grievances, or litigation arising from or related to an employee with whom it has an employment contract or employment relationshipdivided among the Member Districts based upon the formula set forth in Section 6.2. 6.5 10.6 The legal responsibilities stated herein shall survive the expiration of this contract should litigation arise from events that occurred during the term of the contract. 6.6 10.7 The Member Districts and the Fiscal Agent of this Shared Services Arrangement contract agree to negotiate in good faith in an effort to resolve any disputes dispute related to this Agreement that may arise among or between some or all from the parties to this AgreementMember Districts. If the dispute cannot be resolved by negotiations, the dispute shall be submitted to mediation before resort resorting to litigation. If the need for mediation arises arises, a mutually acceptable mediator shall be chosen by the parties to the dispute who shall share the cost of mediation services based upon an equal split among between the Member Districts. The Fiscal Agent shall contribute an equal share in the cost for mediation. Mediation is a voluntary dispute resolution process in which the parties to the dispute meet with an impartial person person, called a mediator, who will help to resolve the dispute informally and confidentially. Mediators facilitate the resolution of dispute disputes but cannot impose binding decisions. The parties to the dispute must agree before any settlement is binding. If legal action ensues, venue shall lie in Dallas County. 6.7 Except as otherwise provided herein, each 10.8 Any Member District and IRDSPD SSA bears its own risk that independently elects to contract with a nonpublic school when appropriate services are available at the Member District or from the SSA, will be responsible for the entire cost of loss. "Loss" includes, but is not limited to, damage to or loss of personal or real property, costs of administrative hearings, litigation expenses, awards of actual damages, court costs, attorney fees, and settlement coststhe placement.