9. Supervision and other incidence of employment of special education staff will be the responsibility of the respective LEA member or AU. Each LEA member and the RLA shall have full exclusive and independent control over the development, change, implementation, and application of all evaluation procedures of their LEA member or in the RLA as the case may be. LEA members shall have the full exclusive authority to recruit, interview, and hire special education staff as needed by such LEA member to provide continuity and service to their special education students. 10. The CAHELP JPA Governance Council shall review and make allocation plan recommendations. The allocation plan defines the distribution of state and federal funds within the SELPA 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 SELPA will not have any property tax allocations. WARRANTIES AND REPRESENTATIONS As a condition of membership, each LEA member warrants and represents that at no time during such LEA member’s membership in the SELPA 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 SELPA 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 LEA member from expending funds for nonpublic agency or nonpublic school Each LEA member, at all times, shall conduct itself in such a manner as to act in the best interests of all other SELPA members. LEA members shall not engage in any activity or enterprise which would tend to injure or expose the SELPA or any of its members to any significant risk of injury of any kind. No LEA member shall undertake to independently act on behalf of the SELPA or any of its members without express written authorization of the SELPA. RESERVATION OF RIGHTS The RLA shall not be responsible for any LEA member or SELPA 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 LEA member agrees to defend, indemnify, and hold harmless the SELPA and other SELPA 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 LEA member to fulfill one or more of the LEA member’s obligations except to the extent that such suit arises from the RLA’s negligence. purposes for the benefit of children served. STANDARD OF CONDUCT
Chapter 23 – Guidelines for the Provision of Special Education Services in Charter Schools,
Page 23
Desert/Mountain SELPA As of 09/2007
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