Agreement for truancy court funding


Published on

  • Be the first to comment

  • Be the first to like this

No Downloads
Total Views
On Slideshare
From Embeds
Number of Embeds
Embeds 0
No embeds

No notes for slide

Agreement for truancy court funding

  1. 1. STATE OF TEXAS § AGREEMENT FOR § TRUANCY COURTCOUNTY OF DALLAS § FUNDINGWHEREAS, the County of Dallas (County) and the Focus Learning Academy Districtdesire to address the problem of truancy within the County; andWHEREAS, under Texas Law, justice courts, municipal courts, and constitutional countycourts have jurisdiction to accept and dispose of cases brought for the offenses of Failureto Attend School (§25.094, Education Code) and Parent Contributing to Nonattendance(§25.093, Education Code); andWHEREAS, the County has created four constitutional county courts to handle onlyFailure to Attend School cases and Parent Contributing to Nonattendance cases; andWHEREAS, the County will fund the truancy courts to handle cases filed by FocusLearning Academy; andWHEREAS, Focus Learning Academy desires to contribute to this effort;NOW, THEREFORE, THIS AGREEMENT is hereby made and entered into by theCounty and Focus Learning Academy upon and for the mutual consideration statedherein: I. TRUANCY COURT PLANDallas County will continue to operate four (4) Truancy Courts. Truancy Courts shall becounty constitutional courts with the County Judge presiding and utilizing full timemagistrates to hear all matters before the courts. Court costs and fines collected from thesecourts (non-state revenue) shall be retained by the County and used solely for truancyprevention programs, including operating expenses of the Truancy Courts. Further, theCounty will provide the facilities and supplies for operation of the courts. II. Focus Learning Academy FUNDING OF TRUANCY COURTSFocus 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 Academy’s 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. 2. solely for truancy prevention programs, including operating expenses of the county Truancy Courts. III. TERM AND TERMINATIONA. 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. REPORTSCounty shall remit to Focus Learning Academy a quarterly report(s) showing expensesof, 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 maybe mutually agreed upon by the parties. V. AGENCY-INDEPENDENT CONTRACTThe County and Focus Learning Academy agree and acknowledge that each entity is notan agent of the other entity and that each entity is responsible for its own negligent acts oromissions or other tortious conduct, and for those of its agents or employees in conjunctionwith this Agreement without waiving any sovereign or governmental immunity availableto either the County or Focus Learning Academy and without waiving any availabledefenses under Texas law. This Agreement does not and shall not be construed to entitleeither party or any of their respective employees, if applicable, to any benefit, privilege orother amenities of employment applicable to the other party. Nothing in this Agreementshall be construed to create or grant any rights, contractual or otherwise, in or to any thirdpersons or entities. VI. AMENDMENT
  3. 3. This Agreement may not be amended except in a written instrument specifically referringto this Agreement and signed by the parties hereto. VII. BINDING AGREEMENT, AUTHORITY, PARTIES BOUNDThis 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 onbehalf of each party represents and warrants that they have full right and authority to enterinto this Agreement. VIII. APPLICABLE LAWThis Agreement shall be expressly subject to the participating parties’ sovereign andgovernmental immunity, Title 5 of the Texas Civil Practice and Remedies Code, and allapplicable federal and state law. This Agreement shall be governed by and construed inaccordance with the laws of the State of Texas and venue of any legal action filed by anyparty shall be in Dallas County, Texas. X. SEVERABILITYIn the event that one or more of the provisions contained in this Agreement shall for anyreason 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 theremaining provisions of this Agreement, which shall remain in force and effect.Focus Learning Academy COUNTY OF DALLAS, TEXASSCHOOL DISTRICTBy: ___________________________ By: _________________________ NAME Clay Lewis Jenkins ___ISD Board President Dallas County JudgeAPPROVED AS TO FORM: APPROVED AS TO FORM:
  4. 4. By: ___________________________ By: _________________________ NAME Gordon Hikel Focus Learning Academy Attorney Assistant District Attorney