Common use of Responsibility to Defend Clause in Contracts

Responsibility to Defend. Mountain BOCES partners with member Districts to minimize the filings of due process, State level complaints, and Office of Civil Rights complaints. In the event that a legal action is taken against the AU, Mountain BOCES will lead the defense in partnership with the impacted District(s) and take the lead in providing the response. In the event of such legal proceeding, the District shall give its full cooperation to and follow the advice and instructions of the Mountain BOCES Director of Special Education and assigned defense counsel throughout the course of such proceeding. In the event that the filing is against an individual district, that district will take the lead in providing the response. As outlined in the Fiscal Responsibility section above, Mountain BOCES does not retain funds from either IDEA or ECEA or collect funds from districts for defense of filings against Mountain BOCES. As determined by the Mountain BOCES Board of Directors, the District will be responsible for any legal expense related to legal action caused by a District employee, either through error or omission, applying appropriate insurance and other liability protections 1. If it is determined that the award or damages resulted from a decision made by Mountain BOCES or the act or directive of a Mountain BOCES employee, then Mountain BOCES will bear the consequences 2. If it is determined that the award or damages resulted from a decision made by the particular District or the act or directive of a District employee, then the District will bear the consequences. 3. If Mountain BOCES and the district personnel share responsibility for the decisions or actions that result in a violation, the consequences will be shared on a proportionate basis. Revised 02.14.18 In order to increase overall effectiveness and accountability and to empower decision making at the district level, Mountain BOCES has developed a Tiered Services Model that offers member school districts a variety of options from which to choose the programs and services that best suit their needs. Mountain BOCES receives and distributes state and federal special education funds. It is also responsible for all student reporting and communication with the Colorado Department of Education. Mountain BOCES is the primary training source for special education teachers and service providers. It also serves as an administrative unit, helping districts comply with applicable federal and state laws. Mountain BOCES employs a Director(s) of Special Education who is responsible for compliance on State Performance Plan Indicators, direct and indirect supervision of special education providers, and leadership on special education issues. Mountain BOCES employs specialized teachers for students who have vision and/or hearing impairments. Mountain BOCES also provides audiological services for assessment of hearing loss. As the Administrative Unit for its member districts, Mountain BOCES provides leadership and some oversight regarding identification, programming and services for students identified as gifted learners. The Gifted Education Leadership Team consists of representatives from each district and meets regularly to share information and expertise regarding the education of gifted learners.