Appendix C: Agreement for Participation
10. The Charter Executive Council shall review and make allocation plan recommendations. The allocation plan defines the distribution of state and federal funds within the DMCS for the costs of providing special education programs. The CAHELP JPA Governance Council shall approve all changes. There is a legal requirement for a public hearing and adoption of an annual service and budget plan. This shall be done annually by the CAHELP JPA Governance Council. This DMCS will not have any property tax allocations. WARRANTIES AND REPRESENTATIONS As a condition of membership, each Charter LEA member warrants and represents that at no time during such Charter LEA member’s membership in the DMCS shall any such LEA member, directly or indirectly, provide special education funding for the benefit for a for- profit entity. All funding provided through the DMCS shall be treated as a restricted funding source to be expended only for special education or special education services. Nothing contained herein shall be interpreted as prohibiting any Charter LEA member from expending funds for nonpublic agency or nonpublic school purposes for the benefit of children served. STANDARD OF CONDUCT Each Charter LEA member, at all times, shall conduct itself in such a manner as to act in the best interests of all other DMCS members. Charter LEA members shall not engage in any activity or enterprise which would tend to injure or expose the DMCS or any of its members to any significant risk of injury of any kind. No Charter LEA member shall undertake to independently act on behalf of the DMCS or any of its members without express written authorization of the DMCS. RESERVATION OF RIGHTS The RLA shall not be responsible for any Charter LEA member or DMCS obligations or duties of any kind or nature except as explicitly set forth in this Agreement. INDEMNIFICATION AND HOLD HARMLESS To the fullest extent allowed by law, each Charter LEA member agrees to defend, indemnify, and hold harmless the DMCS and other DMCS LEA members, the Office of the San Bernardino County Superintendent of Schools, and each of their respective directors, officers, agency, employees, and volunteers (the Indemnified Parties), from any claim or, demand, damages, losses or expenses (including, without limitation, reasonable attorney fees) that arise in any manner from an actual or alleged failure by a Charter LEA member to fulfill one or more of the Charter LEA member’s obligations except to the extent that such suit arises from the RLA’s negligence. Further, the DMCS shall be responsible for holding harmless and indemnifying the RLA for any costs of any kind or nature arising out of, or related to, this Agreement other than as specifically contemplated herein, except to the extent that such cost arises from the RLA’s negligence.
BP 2006 – Admission of LEAs to the Charter SELPA
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Desert Mountain Charter Special Education Local Plan Area (DMCS) (rev. 4/17)
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