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Agreement for truancy court funding

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Grinda Coleman

The document is an agreement between Dallas County, Texas and Focus Learning Academy school district to address truancy. Dallas County will continue operating four truancy courts using county judges and magistrates. Court fines and costs from truancy cases will fund truancy prevention programs. Focus Learning Academy will contribute funding to the truancy courts by forfeiting fines owed to it from previous truancy cases and any future fines collected by the truancy courts. The agreement will remain in effect as long as the truancy courts continue operating.

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STATE OF TEXAS 則 AGREEMENT FOR 則 TRUANCY COURT COUNTY OF DALLAS 則 FUNDING WHEREAS, the County of Dallas (County) and the Focus Learning Academy District desire to address the problem of truancy within the County; and WHEREAS, under Texas Law, justice courts, municipal courts, and constitutional county courts have jurisdiction to accept and dispose of cases brought for the offenses of Failure to Attend School (則25.094, Education Code) and Parent Contributing to Nonattendance (則25.093, Education Code); and WHEREAS, the County has created four constitutional county courts to handle only Failure to Attend School cases and Parent Contributing to Nonattendance cases; and WHEREAS, the County will fund the truancy courts to handle cases filed by Focus Learning Academy; and WHEREAS, Focus Learning Academy desires to contribute to this effort; NOW, THEREFORE, THIS AGREEMENT is hereby made and entered into by the County and Focus Learning Academy upon and for the mutual consideration stated herein: I. TRUANCY COURT PLAN Dallas County will continue to operate four (4) Truancy Courts. Truancy Courts shall be county constitutional courts with the County Judge presiding and utilizing full time magistrates to hear all matters before the courts. Court costs and fines collected from these courts (non-state revenue) shall be retained by the County and used solely for truancy prevention programs, including operating expenses of the Truancy Courts. Further, the County will provide the facilities and supplies for operation of the courts. II. Focus Learning Academy FUNDING OF TRUANCY COURTS Focus Learning Academy shall provide funding for the Truancy Courts as follows: A. All fine moneys owed to Focus Learning Academy by Dallas County Justice of the Peace Courts as of the effective date of this Agreement for cases then pending or previously disposed shall belong to the County as Focus Learning Academys contribution to operating costs for the Truancy Courts. B. For the duration of this Agreement, Focus Learning Academy will forego receipt of fine monies collected by the Truancy Courts and otherwise payable to Focus Learning Academy under Section 25.093(d)(1) of the Education Code. Such monies shall be deposited in the General Fund of the County, and used by the County
solely for truancy prevention programs, including operating expenses of the county Truancy Courts. III. TERM AND TERMINATION A. The term of this Agreement shall commence on the execution of this Agreement and shall continue as long as the Truancy Courts established as set forth in Section I of this Agreement are in existence. B. Either party may terminate this Agreement, with or without cause, upon 90 days written notice to the other party. However, early termination by Focus Learning Academy shall not relieve Focus Learning Academy of its obligations under Section II.B. of this Agreement for the then current fiscal year. C. Notwithstanding any provisions contained herein, this Agreement is expressly contingent upon the availability of funding for each obligation contained herein for the term of the Agreement and any extension thereto. In the event that either party is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding or if funds become unavailable, this Agreement will terminate without penalty to, or further obligation of, either party. IV. REPORTS County shall remit to Focus Learning Academy a quarterly report(s) showing expenses of, and revenue collected by, all four of the truancy courts as set forth in Section I. Additionally, County shall remit to Focus Learning Academy such other reports as may be mutually agreed upon by the parties. V. AGENCY-INDEPENDENT CONTRACT The County and Focus Learning Academy agree and acknowledge that each entity is not an agent of the other entity and that each entity is responsible for its own negligent acts or omissions or other tortious conduct, and for those of its agents or employees in conjunction with this Agreement without waiving any sovereign or governmental immunity available to either the County or Focus Learning Academy and without waiving any available defenses under Texas law. This Agreement does not and shall not be construed to entitle either party or any of their respective employees, if applicable, to any benefit, privilege or other amenities of employment applicable to the other party. Nothing in this Agreement shall be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities. VI. AMENDMENT
This Agreement may not be amended except in a written instrument specifically referring to this Agreement and signed by the parties hereto. VII. BINDING AGREEMENT, AUTHORITY, PARTIES BOUND This Agreement has been duly executed and delivered to all parties and constitutes a legal, valid and binding obligation of the parties. Each person executing this Agreement on behalf of each party represents and warrants that they have full right and authority to enter into this Agreement. VIII. APPLICABLE LAW This Agreement shall be expressly subject to the participating parties sovereign and governmental immunity, Title 5 of the Texas Civil Practice and Remedies Code, and all applicable federal and state law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and venue of any legal action filed by any party shall be in Dallas County, Texas. X. SEVERABILITY In the event that one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability of the Agreement shall be construed as if such invalid, illegal, or unenforceable provision has never been contained herein, but shall not affect the remaining provisions of this Agreement, which shall remain in force and effect. Focus Learning Academy COUNTY OF DALLAS, TEXAS SCHOOL DISTRICT By: ___________________________ By: _________________________ NAME Clay Lewis Jenkins ___ISD Board President Dallas County Judge APPROVED AS TO FORM: APPROVED AS TO FORM:
By: ___________________________ By: _________________________ NAME Gordon Hikel Focus Learning Academy Attorney Assistant District Attorney

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Agreement for truancy court funding

  • 1. STATE OF TEXAS 則 AGREEMENT FOR 則 TRUANCY COURT COUNTY OF DALLAS 則 FUNDING WHEREAS, the County of Dallas (County) and the Focus Learning Academy District desire to address the problem of truancy within the County; and WHEREAS, under Texas Law, justice courts, municipal courts, and constitutional county courts have jurisdiction to accept and dispose of cases brought for the offenses of Failure to Attend School (則25.094, Education Code) and Parent Contributing to Nonattendance (則25.093, Education Code); and WHEREAS, the County has created four constitutional county courts to handle only Failure to Attend School cases and Parent Contributing to Nonattendance cases; and WHEREAS, the County will fund the truancy courts to handle cases filed by Focus Learning Academy; and WHEREAS, Focus Learning Academy desires to contribute to this effort; NOW, THEREFORE, THIS AGREEMENT is hereby made and entered into by the County and Focus Learning Academy upon and for the mutual consideration stated herein: I. TRUANCY COURT PLAN Dallas County will continue to operate four (4) Truancy Courts. Truancy Courts shall be county constitutional courts with the County Judge presiding and utilizing full time magistrates to hear all matters before the courts. Court costs and fines collected from these courts (non-state revenue) shall be retained by the County and used solely for truancy prevention programs, including operating expenses of the Truancy Courts. Further, the County will provide the facilities and supplies for operation of the courts. II. Focus Learning Academy FUNDING OF TRUANCY COURTS Focus Learning Academy shall provide funding for the Truancy Courts as follows: A. All fine moneys owed to Focus Learning Academy by Dallas County Justice of the Peace Courts as of the effective date of this Agreement for cases then pending or previously disposed shall belong to the County as Focus Learning Academys contribution to operating costs for the Truancy Courts. B. For the duration of this Agreement, Focus Learning Academy will forego receipt of fine monies collected by the Truancy Courts and otherwise payable to Focus Learning Academy under Section 25.093(d)(1) of the Education Code. Such monies shall be deposited in the General Fund of the County, and used by the County
  • 2. solely for truancy prevention programs, including operating expenses of the county Truancy Courts. III. TERM AND TERMINATION A. The term of this Agreement shall commence on the execution of this Agreement and shall continue as long as the Truancy Courts established as set forth in Section I of this Agreement are in existence. B. Either party may terminate this Agreement, with or without cause, upon 90 days written notice to the other party. However, early termination by Focus Learning Academy shall not relieve Focus Learning Academy of its obligations under Section II.B. of this Agreement for the then current fiscal year. C. Notwithstanding any provisions contained herein, this Agreement is expressly contingent upon the availability of funding for each obligation contained herein for the term of the Agreement and any extension thereto. In the event that either party is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding or if funds become unavailable, this Agreement will terminate without penalty to, or further obligation of, either party. IV. REPORTS County shall remit to Focus Learning Academy a quarterly report(s) showing expenses of, and revenue collected by, all four of the truancy courts as set forth in Section I. Additionally, County shall remit to Focus Learning Academy such other reports as may be mutually agreed upon by the parties. V. AGENCY-INDEPENDENT CONTRACT The County and Focus Learning Academy agree and acknowledge that each entity is not an agent of the other entity and that each entity is responsible for its own negligent acts or omissions or other tortious conduct, and for those of its agents or employees in conjunction with this Agreement without waiving any sovereign or governmental immunity available to either the County or Focus Learning Academy and without waiving any available defenses under Texas law. This Agreement does not and shall not be construed to entitle either party or any of their respective employees, if applicable, to any benefit, privilege or other amenities of employment applicable to the other party. Nothing in this Agreement shall be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities. VI. AMENDMENT
  • 3. This Agreement may not be amended except in a written instrument specifically referring to this Agreement and signed by the parties hereto. VII. BINDING AGREEMENT, AUTHORITY, PARTIES BOUND This Agreement has been duly executed and delivered to all parties and constitutes a legal, valid and binding obligation of the parties. Each person executing this Agreement on behalf of each party represents and warrants that they have full right and authority to enter into this Agreement. VIII. APPLICABLE LAW This Agreement shall be expressly subject to the participating parties sovereign and governmental immunity, Title 5 of the Texas Civil Practice and Remedies Code, and all applicable federal and state law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and venue of any legal action filed by any party shall be in Dallas County, Texas. X. SEVERABILITY In the event that one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability of the Agreement shall be construed as if such invalid, illegal, or unenforceable provision has never been contained herein, but shall not affect the remaining provisions of this Agreement, which shall remain in force and effect. Focus Learning Academy COUNTY OF DALLAS, TEXAS SCHOOL DISTRICT By: ___________________________ By: _________________________ NAME Clay Lewis Jenkins ___ISD Board President Dallas County Judge APPROVED AS TO FORM: APPROVED AS TO FORM:
  • 4. By: ___________________________ By: _________________________ NAME Gordon Hikel Focus Learning Academy Attorney Assistant District Attorney
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