Common use of Undue Burden and Fundamental Alteration Clause in Contracts

Undue Burden and Fundamental Alteration. For any technology-related requirement in this Agreement for which the District asserts an undue burden or fundamental alteration defense, such assertion may only be made by the District Superintendent of Schools (Superintendent) or by an individual designated by the District Superintendent of Schools (Superintendent) and who has budgetary authority after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion, including the cost of meeting the requirement and the available funding and other resources. The written statement will be certified by the determining official. If such a determination is made, the certifying official will describe in the written statement how it will provide equally effective alternate access, i.e., other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the same benefits or services provided by the School as their nondisabled peers.

Undue Burden and Fundamental Alteration. For any technology-related requirement in this Agreement for which the District asserts an undue burden or fundamental alteration defense, such assertion may only be made by the District District’s Superintendent of Schools (Superintendent) or by an individual designated by the District Superintendent of Schools (Superintendent) and who has budgetary authority after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion, including the cost of meeting the requirement and the available funding and other resources. The written statement will be certified by the determining official. If such a determination is made, the certifying official will describe in the written statement how it will provide equally effective alternate access, i.e., other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the same benefits or services provided by the School District as their nondisabled peers.

Undue Burden and Fundamental Alteration. For any technology-related requirement in this Agreement for which the District School, and the State on behalf of the School, asserts an undue burden or fundamental alteration defense, such assertion may only be made by the District Superintendent State Commissioner of Schools Education (Superintendentcommissioner) or by an individual designated by the District Superintendent of Schools (Superintendent) commissioner and who has budgetary authority after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion, including the cost of meeting the requirement and the available funding and other resources. The written statement will be certified by the determining official. If such a determination is made, the certifying official will describe in the written statement how it will provide equally effective alternate access, i.e., other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the same benefits or services provided by the School as their nondisabled peers.

Undue Burden and Fundamental Alteration. For any technology-related requirement in this Agreement for which the District asserts an undue burden or fundamental alteration defense, such assertion may only be made by the District Board of Education, the Superintendent of Schools (Superintendent) or by an individual designated by the District Superintendent of Schools (Board or Superintendent) and who has budgetary authority , after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion, including a reasonable approximation of the anticipated cost of meeting the requirement and the available funding and other resources. The written statement will be certified by the determining official. If such a determination is made, the certifying official will describe in the written statement how it will provide equally effective alternate access, i.e., other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the same benefits or services provided by the School District as their nondisabled peers.

Undue Burden and Fundamental Alteration. For any technology-related requirement in this Agreement for which the District asserts an undue burden or fundamental alteration defense, such assertion may only be made by the District District’s Superintendent of Schools (Superintendent) or by an individual designated by the District District’s Superintendent of Schools (Superintendent) and who has budgetary authority after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion, including the cost of meeting the requirement and the available funding and other resources. The written statement will be certified by the determining official. If such a determination is made, the certifying official will describe in the written statement how it will provide equally effective alternate access, i.e., other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the same benefits or services provided by the School District as their nondisabled peers.

Undue Burden and Fundamental Alteration. For any technology-related requirement in this Agreement for which the District Uncommon Schools asserts an undue burden or fundamental alteration defense, such assertion may only be made by the District Superintendent a member of Schools (Superintendent) Uncommon Schools’ Leadership Team, or by an individual designated by the District Superintendent of Schools (Superintendent) and Uncommon Schools’ Chief Executive Officer, who has budgetary authority after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion, including the estimated cost of meeting the requirement and the available funding and other resources. The written statement will be certified by the determining officialcertifying individual. If such a determination is made, the certifying official individual will describe in the written statement how it will provide equally effective alternate access, i.e., other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the same benefits or services provided by the School Uncommon Schools as their nondisabled peers.

Undue Burden and Fundamental Alteration. For any technology-related requirement in this Agreement for which the District asserts an undue burden or fundamental alteration defense, such assertion may only be made by the District Superintendent District’s Superintendent, President of Schools the District’s Board of Education (Superintendent) “President”), or by an individual designated by the District Superintendent of Schools (Superintendent) or the President and who has budgetary authority after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion, including the cost of meeting the requirement and the available funding and other resources. The written statement will be certified by the determining official. If such a determination is made, the certifying official will describe in the written statement how it will provide equally effective alternate access, i.e., other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the same benefits or services provided by the School District as their nondisabled peers.