Procedure for Class Settlement Sample Clauses

Procedure for Class Settlement. 11. The Parties hereby stipulate to certification of a Settlement Class as: a. All students eligible to receive special education and related services pursuant to the IDEA from a Delaware Public Agency as defined by 14 Del. Admin. C. §922.3.0; and (a) who were not parentally placed in a private school or home school; and (b) who reached the age of 21 during the 2019-2020 school year; and (c) exited services at the end of the 2019-2020 school year because of their age without a regular high school diploma. b. All students eligible to receive special education and related services pursuant to the IDEA from a Delaware Public Agency as defined by 14 Del. Admin. C. §922.3.0; and (a) who were not parentally placed in a private school or home school; and (b) who reached the age of 21 during the 2020-2021 school year; and (c) who exited services at the end of the 2020-2021 school year because of their age, without a regular high school diploma, but excluding such students who: (i) did not receive services pursuant to 14 Del. C. § 3101(2)(c) as approved June 3, 2021 and in effect through August 1, 2022, because the students’ IEP teams determined that they did not require an additional year of services or the student refused additional services or was unresponsive to the offer of additional services; or (ii) participated in Project SEARCH. 12. Plaintiffs will move for the certification of the Settlement Class as part of Plaintiff’s Unopposed Motion for Preliminary Approval of the Settlement Agreement. DDOE will draft the motion and will not oppose certification of the Settlement Class. 13. The Parties hereby stipulate to the following: As class representatives, Named Plaintiffs can adequately represent the interests of the class. Plaintiffs may replace class representatives from time to time as needed upon notice to DDOE and approval of the Court.

Procedure for Class Settlement