| (B) The Agency and the School shall conduct studies
to determine the feasibility of collecting data for each information category according to the following schedule: organization and student data during the 1998-1999 school year; staff data during the 1999-2000 school year; and financial data during the 2000-2001 school year. (C) In each information category for which it is determined that data collection is feasible, the Agency and the School shall pilot the collection as follows: organization and student data during the 1999-2000 school year; staff data during the 2000-2001 school year; and financial data during the 2001-2002 school year. (D) Initial PEIMS collection shall be contingent on resolution of feasibility issues and modifications indicated by the pilot process. (2) To the extent possible, the Agency shall assist the School in accessing available resources to implement this section of the MOU. (i) Dispute resolution. Disputes between the School
and the Agency concerning implementation of this MOU shall be resolved as follows. (1) Staff of the School and the Agency shall identify and attempt to resolve the specific issues involved in the dispute. (2) If staff of the School and the Agency are unable to resolve the dispute after a reasonable time period, the executive officers of the School and the Agency shall assist the staff in identifying a mutually agreeable resolution to the dispute. (3) If the executive officers (or either of them) are unable to reach a mutually agreeable resolution, the School and the Agency shall pursue resolution through the use of mediation pursuant to the Governmental Dispute Resolution Act, Government Code, Chapter 2008. The mediator shall make such arrangements and decisions respecting the conduct of the proceedings as needed in the sole discretion of the mediator. The costs of mediation shall be borne equally by the School and the Agency.
(4) If the School and the Agency fail to reach agreement through mediation pursuant to the Governmental Dispute Resolution Act, Government Code, Chapter 2008, the following procedure shall be followed. (A) The School and the Agency shall each select one impartial third party pursuant to Government Code, §2008.053. (B) The impartial third parties selected by the School and the Agency shall jointly select another impartial third party, who must be a person eligible to serve as impartial third party pursuant to Government Code, §2008.053. The person selected shall be the arbitrator of the dispute. (C) The arbitrator selected by the impartial third parties selected by the School and the Agency shall arbitrate the dispute pursuant to Texas Civil Practice and Remedies Code, §154.027. The arbitrator shall make such arrangements and decisions respecting the conduct of the proceedings as needed in the
sole discretion of the arbitrator. The costs of arbitration shall be borne equally by the School and the Agency. The parties hereby stipulate in advance that the decision of the arbitrator shall be binding and enforceable against both parties pursuant to Texas Civil Practice and Remedies Code, §154.027(b). (j) Other terms. (1) This MOU shall be signed by the executive officers of the School and the Agency and shall be effective September 1, 1998. (2) This MOU may be considered for expansion, modification, or amendment upon mutual agreement of the executive officers of the School and the Agency. (3) In the event that federal and/or state laws should be amended, federally interpreted, or judicially interpreted so as to render continued implementation of this MOU unreasonable or impossible, the School and the Agency may agree to amend or terminate this MOU.
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