TEA DOCKET NO. 275-SEAT17 BEFORE A SPECIAL EDUCATION EBERT C. B/N/F SANDIC. § Petitioner, § 8 vs. § OFFICER FOR : : 8 AUSTIN INDEPENDENT § SCHOOL DISTRICT § ‘Respondent. § THE STATE OF TEXAS (CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS: ‘This Confidential Settlement Agreement and Release of All Claims (the “Agreement”) is made and entered into between E.C. b/nif S.C., ("Petitioner"), and the AUSTIN INDEPENDENT . SCHOOL DISTRICT (“Respondent”). Petitioner and Respondent are collectively referred'to herein as the “Parties.” WIHINESSETH: WHEREAS, the Student is a student with disabilities within the meaning of the Individuals with Disabilities Education Act (“IDEA”); and WHEREAS, the Parent filed a special education due process hearing on behalf of the Student against Respondent, styled EC. biaff S.C. v. AUSTIN INDEPENDENT SCHOOL DISTRICT; TEA Docket No. 275-SE-0717; and WHEREAS, the Parties desire to fully and finally settle and. compromise certain issues that exist between and among them relating to the education of the Student, and specific claims described in the Parent's due process hearing request; NOW, THEREFORE, in consideration of the mutual promises and covensnts contained herein, and for other good and valuable consideration, the receipt and suficieney of which are hereby acknowledged, the Partiesido hereby agree as follows: ‘Tens: 1... Consideration: Conditioned upon the promises, representations, and agreerients made herein, the Parties agree to the following terms: . 1.01 . The District agrees to reimburse parents in the amount not to exceed $6,800.00 (sixty- eight hundred dollars and no cents) for privately-secured compensatory ‘services and future services related to educational and therapeutic services beginning January 1, 2016, and-ending May 30; 2018. Payment for services will be paid to Sandi C., 2001 Logan Drive, Rourid Rock,‘Texas 78664, Invoices and receipts for services must be provided by parent with documentation of the cost of such services on an itemized basis and provided to the Department of Special Education, Attn: Julie Caglarcan, at 1111 W. 6" Street, Suite A-300, Austin, Texas 78703, e- mail Julie caglarcan@austinisd.org. Parent agrees to provide a W-9 to the District within 30 days of the date of this agreement. Invoices must be presented on or before June 15, 2018. 1.02 District agrees to pay $4,250.00 (four-thousand, two-hundred-fifty dollars and no cents) to the Law Office of Yvonnilda Muniz upon submission of an invoice and completed ‘W-9 form. to the AISD Office of Legal Services in one of the following manners: U.S, Mail, Attn: Ylise Janssen, 1111 W. 6% Street, Austin, Texas 78703; e-mail: ylise.janssen(@eustinisd.org and Jennifer gamez(@aiistinisd org; ot by fax: (512) 414-9878. ‘The Parties acknowledge and agree ‘that such payment is intended to compensate Petitioner for all attorneys’ fees, expert fees, and other costs incurred related to the Parent's and the Student's due process complaint. The Parent and the Student further acknowledge and agree that, other than the amount referenced herein, no ‘monetary consideration, fees, expenses, or other compensation will ever by paid by Respondent to the Parent and the Student’s legal counsel on claims to which this Agreement concerns. 1,03. In exchange for the payments referenced in Paragraphs 1.01 and 1.02, Petitioner agrees ‘hat student will not return to the District in the 2017-18 school year... The District shall have no obligation to provide a FAPE, monitor the quality of private services, or provide any other services to Petitioner during the 2017-18 school year, beyond paying sums up to the maximum ‘imount of private services set forth in Paragraph 1.01, Petitioner agrees and acknowledges that, in light ofthis private services arrangement, Petitioner will riot attend District schools or ‘programs during the 2017-18 school year.. 2. Stipulation of Dismissal, 2.01. Within five business days of the exécution of this agreement, the Parent, on behalf of the Student, agrees to file a Motion to Dismiss, with prejudice, dismissing all claims’ currently ending or Which may haye bech brought, before the Specil Education Hearing Officer in TEA Dooket No. 275-SE-0717. 2.02 The Parties and their attomneys agree to execute any documenis necessary to offectivate the terms of this Agreement, including dismissal forms or other forms required by law. 3. Release. Parent, on behalf of the Student and herself and her successors, heirs, executors, administrators; assigns, attorneys, agents, servants, spouses, representatives, and any other person claiming, in whole or in part, by, through or under her, hereby unconditionally and forever releases, acquits and discharges AUSTIN INDEPENDENT SCHOOL ‘DISTRICT, its officers, directors, administrators, employees, agents, servants, atiomeys, predecessors, sucgessors, assigns, and afl other persons or entities acting on its behalf (hereinafter collectively “Releasces”), from any and all claims; damages, demands, losses, causes of action, and/or suits of any kitid or character whatsoever (including all claims for attotneys’ fees), known or unknown, arising out of, directly or indirectly attributable to, or in any manner connected with the education of the Child up through the effective date of this Agreement, and/or the events alleged in tle pleadings or other papers on file in any and all due process hearing requests.orother administrative, or legal action, including, but not limited to, any claims, under the Americans with Disabilities Act (ADA and as amended ADAAA), No Child Left: Behind (NCLB), Section 1983 of the Civil Rights Act of 1964, 42 U.S.C. § 1983, Title VI of the Civil Rights: Act of 1964, Section 504 of the Rehabilitation Act, the Individuals ‘with Disabilities Education Act; 20 U.S.C; § 1400,,ct. seq., and/or any other. federal or state law whether such claims were asserted or not. 4. - Contractual Nature, The Parties expressly understand and agree that the terms of this Agreement are contractual and not merely recitals, and that the agreements herein and consideration ld are fo compromise disputed csims, avoid tigation, and buy peace, 5 ship. The Parent represents and warranis that she isthe sole owner ofthe rights tnd cla nl ‘elingushed by this Agreement, and that those rights or claims have not, been assigned or transfered to any ober person or entity. 5 6. ;. Authority: Hach of the Parties represents and warrants that exeoution and delivery of this Agreement and; the consummation of the: transactions contemplated hereby have.been duly authorized by all necessary actions and the execution and delivery of this Agreement constitutes a legal, valid, and binding obligetion of such party. The Parent represents and warrants that she hhas full and complete authority to act on her own behalf and on behalf of the Student in connection with the execution. of this Agreement, and that the signature or approval of no other party is necessary for this Agreement to be effective and binding. The Parent understands that but for this representation, Respondent would not enter into this Agreement. 7. No Admission of Liability. It is understood by the Parties that this Agreement is not, and shall-not-be used as, or construed to, be-any evidence against; or an admission of guilt, ‘wrongdoing or liability by, any person or entity, including any of the Releases, which liability is expressly denied by them. Releasees deny Parent’s allegations and further deny that they are liable to her in any respect whatsoever. 8. Antegration Clause. This Agreement constitutes the complete expression of the terms of the resolution and settlement of any and all disputes currently asserted by the Parent, as detailed in,the due process complaint and request for hearing filed under TEA Docket No. 275-SE-0717. ‘This Agreement supersedes any and all prior and contemporaneous representations, discussions, negotiations, and agreements, either oral or in writing, by and between the partics hereto. 9. No Oral Modifications. The Parties may not alter or amend this Agreerieit except by agreement in writing signed by all parties hereto. 10. . » Severability Clause. If any-provision of this: Agreement is determined to be illegal or unenforceable, then that provision shall be deemed stricken, and all remaining Provisions shall remain in full force and effect. 11... Construction Clause, All parties to this Agreement and their counsel have reviewed and/or xevised this -Agreement, and: the normal:rule of construction to. the effect that anyambiguities in this Agreement are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement. 12, Cholee of Law. This Agreement is made and performable in Travis County, Texas, and shall be construed and enforced in accordance with, and shall be governed by, the laws of the State of Texas. 13.” Headings. Headings in this Agreement are for the convenience. of the: Parties and are not to be used in construing the document. 14. Full Knowledge and Voluntary Release. The Parent represents and wartants that she hhas read this Agreement and fully understands it to be a release of all claims addressed in Paragraph 3 of this Agreement, The Parent understands that (a) the consideration for this Agreement is all the consideration that will be conveyed to her; (b) she’ has entered into this ‘Agreement based on her own knowledge and judgment and on the advice of her attorney and other advisors of her own free choice; and (c) she has not acted in reliance on any representation, advice, or other action of any other party, except as specifically set forth and provided herein. 15. Confidentiality. 15.01 From and after the effective date of this Agreement, the Parties shall not divulge or disclose the terms or conditions of this Agreement to any person or entity not a party to the same, except that (3) such disclosure may be mads, if required in response to a subpoena, court order, court ruling, or by lew; (ii) the Parties may disclose the terms and conditions of this Agreement to an authorized tax advisor, accountant, attorney, or insurer for purposes of obtaining advice concerning any tax or accounting treatment of the ‘consideration set forth in Section 1 above, assistance in the interpretation or enforcement of any provisions of this Agreement, and insurance coverage for any costs and expenses incurred in this action; (ii) such disclosure may be made in the event that any party becomes a party to litigation with the IRS, provided that such party shall make a good faith effort to file this Agroement under seal and retain its confidentiality; and iv) disclosure may occur to the exient set forth in Section 15.02 herein. The Parties acknowledge and agree that CONFIDENTIALITY IS OF THE ESSENCE to this ‘Agreement, While the Parties agree not to publicize this Agreement, nothing herein shall preclude Respondent from complying with any disclosure requirement imposed by the Texas Public Information Act, chapter 552 of the Texas Government Code, or other applicable law. 15,02 No party to this Agreement shall knowingly communicate or divulge any information or documents concerning the due’ process complaint, the eyents relating to the subject matter of this action, or the tole therein of the Parent, the Student, Respondent, or Respondent's affiliates except as may be required by’ subpoena, court order, court ruling, or by law. In the event a third party asks about this matter, the Parties are only permitted to respond that, “The matter has been settled and nothing more can Be said,” or words to that effect, The Parties understand and agree that this confidentiality clause is contractual in nature.16. — Multiple Originals. This Agreement may be executed in multiple originals. 17. Effective Date. This Agreement is considered effective on the date of execution by both patties. 18 Trans yn. This Agreement was orally translated in Parent's native language by ‘Maurine McLean prior to finalization of this agreement, The written agreement shall be translated for the parent by the independent translator retained by the mediator, PETITIONER RESPONDENT By: Sandi & o2 By: SANDIC, NEIL BONAVITA Parent Asst. Difector Special Education Da Approved as to form: ilda Muniz Box 92018 Texas 78749 Phone: (512) 288-4279 Fax: (888) 398-8808 Attorney for Petitioner one 24 [tulF- Schulman, Lopez, Hoffer, & Adelstein, LLP 517 Soledad San Antonio, Texas 78205 (210) 538-5385 (210) 538-5384 [fax] Attorney for Respondent