Common use of Period II Verification Clause in Contracts

Period II Verification. 1. If the External Monitor’s role remained unchanged in Period II with respect to the DOE, she and the DOE will continue verifying the DOC’s implementation of the Period II CAP(s), according to the terms of Period I Verification. 2. If the External Monitor’s role decreased with respect to the DOE as ordered by the Court following Period I, the terms of her role will follow the decreased role as set forth in Period II Monitoring for the duration of Period II Verification, including participation in the initial verification site visit, to the extent she deems necessary, with the DOE for the three (3) facilities that house the highest number of SFEA-eligible students at that time. a. As in Period II Monitoring, the External Monitor will be able to submit proposals to Defendants explaining any potential need for her to participate in additional site visits with the DOE. b. As in Period II Monitoring, Defendants are able to deny or grant the External Monitor’s proposal within two weeks of submission, with a written statement of reasons. Defendants’ determination is subject to the dispute resolution provision of this Agreement, and if the External Monitor continues to have concerns, she will notify the Parties, who may apply to the Court directly regarding her proposal. 3. If the External Monitor’s role with respect to DOE increased in Period II monitoring as ordered by the Court following Period I, the terms of her role will follow the increased role as set forth in Period II Monitoring for the duration of Period II Verification. 4. Throughout Period II Verification, the External Monitor will be able to submit proposals to the DOE for additional remedial measures to be taken by the DOC consistent with the Period II CAP, but may make no additional findings of non-compliance beyond those already in the CAP(s). Defendants are able to deny or grant the External Monitor’s proposal within two weeks after submission, with a written statement of reasons. Defendants’ determination is subject to the dispute resolution provision of any Settlement Agreement, and if the External Monitor continues to have concerns, she will notify the parties, who may apply to the Court directly regarding her proposal. 5. The External Monitor will issue a report to the Court within 30 days of completion of Period II Verification (“Period II Monitoring Report”), which includes separate assessments of substantial compliance for the DOE and the DOC as defined within the terms of the Settlement Agreement.