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Charter School Contract
THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA THIS CHARTER entered into as of the 20th day of June, 2012
by and between
THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, A body corporate operating and existing under the Laws of the State of Florida
[hereinafter referred to as the “Sponsor” or “School Board”], AND
SOMERSET ACADEMY, INC.
333 S.W. 4th Avenue Boca Raton, Florida 33432
a non-profit organization [hereinafter referred to as the “School”] on behalf of
Somerset Academy Boca __________________________
History:
Application: CRC: Contract:
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THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA
SOMERSET ACADEMY, INC.
Somerset Academy Boca CHARTER SCHOOL CONTRACT
Table of Contents
I. GENERAL PROVISIONS . . . 13
A. Approved Application . . . 13
B. Term of Contract . . . 13
1. Effective Date . . . 13
2. Term [4 or 5 years for initial] . . . 13
3. Start-Up Date [same as District for initial start-up, flexible thereafter] . . 13
4. Deadline to Submit all Items from Pre-Opening Checklist [Section 11A of contract] . . . 14
5. Chart Modification . . . 14
6. Charter Renewal . . . 16
C. Educational Program and Curriculum [as described in Sections 3b-3e or 3f-3g of Application] . . . 15
D. Non-Renewal/Cancellation and Termination . . . 16
1. Non-Renewal Provisions . . . 16
a. Grounds for Non-Renewal . . . 16
b. Process for Non-Renewal . . . 20
c. Duties of Sponsor and School under Pendency of Appeal 21 2. Ninety (90) Day Termination . . . 21
a. Grounds for Termination . . . 21
b. Process for Ninety (90) Day Termination . . . 22
c. Duties of Sponsor and School under Pendency of Appeal 22 3. Immediate Termination . . . 22
a. Notice of Planned Immediate Termination . . . 22
b. Hearing Process . . . 23
c. District Operation of the School Pending Appeal . . . 23
4. Post-Termination Provisions . . . 24
a. Financial and Operational Records upon Termination or Expiration . . . 24
b. Student Records upon Termination or Expiration . . . 24
c. Property/Assets . . . 24
d. Debts upon Non-Renewal [Pursuant to Statute] School Debt. 25 e. Leases upon Non-Renewal . . . 25
f. Assets upon Non-Renewal . . . 25
II. ACADEMIC ACCOUNTABILITY . . . 25
A. Student Performance: Assessment Evaluation . . . 25
1. Initial Year . . . 25
a. Expected Outcomes [as described in Section 5a] . . . 25 b. Methods of Measurement [How will outcomes be measured?] 25
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c. Assessments [as described in Section 5e] . . . 25
(1) State-Required Assessments [pursuant to statute and State Board of Education rule] . . . 26
(2) Additional Assessments . . . 26
2. Annual . . . 26
a. School Improvement Plan . . . 26
(1) Minimum Components of SIP . . . 26
(2) Deadline for Governing Board Approval . . . . 26
(3) Monitoring . . . 26
b. Assessments [as described in Section 5e of the Application] . . . . 26
(1) State-required Assessments [pursuant to statute and State Board of Education rule] . . . 27
(2) Additional Assessments . . . 27
B. Student Promotion . . . 28
1. School student promotion policy consistent with the approved application unless otherwise agreed upon by both parties . . . 28
2. Graduation Requirements . . . 28
3. Other Assessment Tools [as stated in approved Application] . . . . 28
C. Data Process and Use Pursuant to Statute . . . 29
1. Access to Facilities, Records, and Data . . . 29
2. Sponsor Use of Required Assessment Data . . . 29
3. Acceptable Use Policy . . . 29
III. STUDENTS . . . 29
A. Eligible Students [as described in Section 2a of Application] . . . 29
B. Grades Served . . . 29
C. Class Size . . . 29
D. Annual Projected Enrollment [deadline for submission to Sponsor] . . . . 29
1. Student Enrollment . . . 29
2. Minimum Enrollment Requirements . . . 29
3. Deferred Opening and Student Enrollment . . . 30
4. Required Instructional Minutes . . . 30
5. Enrollment Capacity . . . 30
E. Annual Capacity Determination [deadline for submission to Sponsor] . . . . 30
F. Admissions and Enrollment Plan [as described in Section 13C of Application] 30 1. Enrollment Procedures . . . 31
G. Maintenance of Student Records as Required by Statute . . . 32
1. Student Records . . . 32
2. Transfer of Student Cumulative Records . . . 32
3. Transfer of Student Cumulative Records upon School Termination . . . 32
4. Transmittal of Educational Records . . . 32
H. Exceptional Student Education . . . 32
1. Non-Discrimination Policy . . . 32
2. Sponsor’s Responsibilities . . . 32
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4. Services Covered by the Five Percent (5%) Administrative Fee. 33
5. Due Process Hearing . . . 33
6. Reimbursement for Services . . . 34
I. Dismissal Policies and Procedures [as described in Section 7b of Application] 34 J. ELL Students . . . 36
IV: FINANCIAL ACCOUNTABILITY . . . 35
A. Revenue . . . 35
1. Basis for Funding as provided in statute [Section 1002.33(17) (b)] . 35 a. Student Reporting . . . 36
b. Distribution of Funds Schedule . . . 37
c. Adjustments . . . 38
d. Millage Levy, if applicable . . . 38
e. Holdback/Proration . . . 38
2. Federal Funding . . . 38
a. Title I . . . 39
b. IDEA . . . 39
c. Federal Grants . . . 39
d. Other Federal Funds . . . 40
3. Charter School Capital Outlay Funds . . . 40
a. Application . . . 40
b. Distribution . . . 40
4. Other Revenue . . . 40
B. Sponsor Administrative Fee of up to Five Percent (5%) for 250 Students 40 C. Restriction on Charging Tuition . . . 41
D. Allowable Student Fees [as provided in statute] . . . 41
E. Budget . . . 41
1. Annual Budget . . . 41
a. Governing Board Approval Required . . . 42
b. Date to Submit to Sponsor . . . 42
2 Amended Budget . . . 42
F. Financial Records, Reports and Monitoring . . . 42
1. Maintenance of Financial Records . . . 42
2. Financial and Program Cost Accounting and Reporting for Florida Schools . . . 42
3. Financial Reports . . . 42
a. Monthly Financial Reports . . . 42
b. Annual Property Inventory . . . 43
c. Program Cost Report . . . 43
d. Annual Financial Audit . . . 43
e. Form 990 (if applicable) . . . 44
4. School’s Fiscal Year [July 1 – June 30] . . . 44
5. Financial Recovery and Corrective Action Plan as required by Statute and State Board of Education Rule . . . 44
G. Financial Management of Schools [as described in Section 18a-d of Application] 45 1. Financial Management and Oversight Responsibilities . . . 45
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2. Accounting Contract . . . 45
3. Disbursement Authorization . . . 45
4. Accounting Policies and Procedures . . . 45
5. Reading Plan Allocations . . . 45
6. Additional Financial Requirements . . . 45
7. Utilization of the Sponsor . . . 45
8. Bank Transfer Information . . . 45
H. Description of Internal Audit Procedure [as described in Section 18a-d of Application] . . . 46
V. FACILITIES . . . 46
A. Prior Notification [if facility is not secured at time of contract] . . . 46
1. Deadline to Secure Facility . . . 46
2. Deadline to Submit Zoning Approvals and Certificate of Occupancy . . . 46
3. District Inspection of Facility . . . 47
B. Compliance with Building and Zoning Requirements . . . 47
1. Florida Building Code . . . 47
2. Florida Fire Prevention Code . . . 47
3. Applicable Laws, Ordinances, and Codes of Federal, State, and Local Governance . . . 47
4. Capacity of Facility . . . 48
C. Location . . . 48
1. School’s Street Address with folio number, if identified . . . 48
2. Temporary Facility [if applicable] . . . 48
3. Relocation [prior notification of Sponsor] . . . 48
4. Additional Campuses [if applicable] . . . 49
D. Prohibition to Affix Religious or Partisan Political Symbols, Statutes, Artifacts, on or about the Facility . . . 49
E. (Select if Applicable) Specific Facility Requirements . . . 49
1. District Non-Conversion Owned Facility . . . 49
a. Definition . . . 49
b. Cost to School . . . 49
c. Maintenance Responsibilities . . . 49
d. Delineation of Common Areas (if applicable) . . . 49
e. Liability (Insurance) . . . 49
2. Conversion Charters . . . 49
a. Ownership . . . 49
b. Repairs and Maintenance . . . 49
c. School’s Responsibilities (e.g. cleaning and grounds) . . . . 49
d. Construction by Sponsor . . . 49
e. Capital Outlay Projects . . . 49
f. Portables . . . 49
g. Liability (Insurance) . . . 49
F. Additions, Changes, and Renovations . . . 49
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VI. TRANSPORTATION . . . 50
A. Cooperation Between Sponsor and School [pursuant to statute, parties shall cooperate to ensure transportation is not a barrier] . . . 50
B. Reasonable Distance [for purposes of this contract] . . . 50
C. School Shall Demonstrate Compliance with all Applicable Transportation Safety Requirements . . . 50
D. Fees . . . 50
E. Requirement for School Provided Transportation . . . 50
VII. INSURANCE AND INDEMNIFICATION . . . 50
A. Indemnification of Sponsor by School . . . 50
1. Indemnification for Professional Liability . . . 51
2. Notification of Third-Party Claim, Demand, or Other Action . . . 51
3. Indemnity Obligations . . . 51
B. Indemnification of School by Sponsor . . . 52
C. Sovereign Immunity [governed by Section 768.28, F.S.] . . . 52
D. Acceptable Insurers . . . 52
1. Acceptable Insurance Providers . . . 52
2. Insurance Provider Compliance . . . 52
3. Minimum Insurance Requirements . . . 53
E. Commercial and General Liability Insurance . . . 53
1. Liabilities Required . . . 53
2. Minimum Limits . . . 53
3. Deductible/Retention . . . 53
4. Occurrence/Claims . . . 53
5. Additional Insureds . . . 53
F. Automobile Liability Insurance . . . 53
1. Liabilities Covered . . . 53
2. Occurrence/Claims . . . 53
3. Minimum Limits . . . 54
4. Additional Insured . . . 54
G. Workers’ Compensation/Employers’ Liability Insurance . . . 54
1. Coverages . . . 54
2. Minimum Limits . . . 54
H. School Leader’s Errors and Omissions Liability Insurance . . . 54
1. Form of Coverage . . . 54
2. Coverage Limits . . . 54
3. Occurrence/Claims . . . 54
4. Fidelity Bond/Crime Coverage . . . 54
I. Property Insurance . . . 55
1. Structure Requirements . . . 55
2. Additional Requirements . . . 55
3. Business Personal Property Insurance . . . 55
J. Applicable to All Coverages . . . 55
1. Other Coverages . . . 55
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3. Liability and Remedies . . . 55
4. Subcontractors . . . 55
5. Provision(s) for Cure (90 days) . . . 55
6. Default upon Non-Compliance . . . 55
VIII. GOVERNANCE . . . 56
A. Public or Private Employer . . . 56
B. Governing Board Responsibilities [pursuant to statute] . . . 56
C. Public Records . . . 58
D. Reasonable Access to Records by Sponsor . . . 58
E. Sunshine Law . . . 58
F. Reasonable Notice [School shall provide reasonable notice to sponsor of all governing board meetings] . . . 58
1. Notice of Governing Board Meetings . . . 58
2. Governing Board Meeting Requirements . . . 58
G. Identification of Governing Board Members . . . 58
H. Changes in Governing Board [Timely Notice to Sponsor] . . . 59
IX. EDUCATION SERVICE PROVIDER . . . 59
A. Education Service Provider Agreement . . . 59
1. School Will Use Services of ESP as described in Section 11 of Application [If an ESP Will be Used] . . . 59
2. Submission of ESP Agreement . . . 60
3. Amendments to ESP Contract [Timely Notice to Sponsor] . . . . 60
4. ESP Contract Amendments that Result in a Material Change to a Charter Require Contract Modification . . . 60
5. Change to ESP Requires Contract Modification . . . 60
X. HUMAN RESOURCES . . . 60
A. Hiring Practices . . . 60
1. Reporting Staffing Changes . . . 60
2. Non-Discriminatory Employment Practices . . . 60
3. Teacher Certification and Highly Qualified . . . 60
a. Remedy for Not Meeting Highly Qualified . . . 61
4. Fingerprinting and Background Screening . . . 61
B. Employment Practices . . . 62
1. Statutory Prohibitions and Required Disclosure in Hiring of Relatives of School Founders, Employees, etc. . . . 62
2. Self-Reporting of Arrests . . . 62 3. Code of Ethics. . . 62 4. Drug-Free Workplace . . . 62 5. Personnel Policy . . . 62 6. Collective Bargaining . . . 62 7. Immigration Status . . . 62 8. Employee Discipline . . . 62 9. Employee Evaluation . . . 62
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10. Other Employment Statutes . . . 62
C. Sponsor Training of School’s Employees . . . 63
1. Participation and Cost for Training Activities . . . 63
a. Participation in Federally-Funded Training at No Cost . . 63
b. Participation in Non-Federally-Funded Training at Pro-rata Cost, on Space Available Basis . . . 63
XI. REQUIRED REPORTS/DOCUMENTS . . . 63
A. Pre-Opening . . . 63
1. Policies and Procedures Manual . . . 63
2. List of Governing Board Members . . . 63
3. Facility [zoning, certificate of occupancy, fire inspection, etc.] . . . . 63
4. Other . . . 63
B. Monthly . . . 63
1. Financial Statements, per State Board of Education Rule . . . . 63
a. Date Due . . . 63
2. Other . . . 63
C. Quarterly . . . 63
1. Academic Performance Reports . . . 63
2. Other . . . 63
D. Annual . . . 63
1. Annual Student Achievement Report [pursuant to statute] . . . . 63
2. Annual Audit . . . 63
3. Program Cost Report . . . 63
4. Annual Inventory Report [capital purchases with public funds] . . . . 63
5. Policies and Procedures [if materially revised] . . . 63
6. Student Code of Conduct [if materially revised] . . . 63
7. Dismissal Policies and Procedures [if materially changed] . . . . 63
8. Disaster Preparedness Plan . . . 63
9. Employee Handbook [if materially revised] . . . 63
10. Current List of Governing Board Members . . . 63
11. School’s Parental Contract [if materially revised] . . . 63
12. Projected Enrollment [for subsequent school year] . . . 64
13. Capacity [for subsequent school year] . . . 64
14. School Calendar [for subsequent school year] . . . 64
15. Evidence of Insurance . . . 64
16. ESP Management Agreement [if materially changed] . . . 64
E. Other . . . 64
XII. MISCELLANEOUS PROVISIONS . . . 64
A. Impossibility . . . 64 B. Notice of Claims . . . 64 1. Time to Submit . . . 64 2. Notice of Cancellation . . . 64 3. Renewal/Replacement. . . 64 C. Drug-Free Workplace . . . 64
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D. Entire Agreement . . . 64
E. No Assignment Without Consent . . . 64
F. No Waiver . . . 64
G. Default Including Opportunity to Cure . . . 65
H. Survival Including Post-Termination of Charter . . . 65
I. Severability . . . 65
J. Third-Party Beneficiary . . . 65
K. Choice of Laws . . . 65
L. Notice . . . 65
M. Authority . . . 65
N. Conflict/Dispute Resolution and Alternative Dispute Resolution Process . . . 65
O. Citations . . . 67
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APPENDICES
APPENDIX A APPROVED APPLICATION
APPENDIX B EDUCATIONAL PROGRAM AND CURRICULUM
(Section 3 of Application)
APPENDIX C FIVE-YEAR BUDGET
APPENDIX D STUDENT CODE OF CONDUCT*
APPENDIX E FDOE TECHNICAL ASSISTANCE PAPER 2009-03
APPENDIX F BUILDING CODE APPROVALS*
CERTIFICATE OF OCCUPANCY/USE
LOCAL JURISDICTIONAL CODE APPROVALS (zoning approvals consistent with type of use, fire, and health inspections)
APPENDIX G INSURANCE CERTIFICATES*
APPENDIX H BONDING CERTIFICATES*
APPENDIX I FINGERPRINT RECORDS AND BACKGROUND
CHECKS*
APPENDIX J IRS FORM 1023; Application for 501(c) (3), IRS
Designation Letter for 501(c) (3) including attachments correspondence and all representations made to the IRS*
APPENDIX K STUDENT SCHOOL REPORT CARD*
APPENDIX L DESCRIPTION OF ESE SERVICES
APPENDIX M DISTRICT’S BUS EVACUATION DRILL REPORT*
APPENDIX N SCHOOL’S ACCOUNTING AND REPORTING
POLICIES, PROCEDURES, AND PRACTICES*
APPENDIX O PERSONNEL POLICY*
APPENDIX P EVALUATION PROCESS/STUDENT SUCCESS
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APPENDIX R SCHOOL’S STUDENT PROGRESSION PLAN
(if different than the District’s)*
APPENDIX S CORPORATE BY-LAWS OF THE SCHOOL*
*Those items with an * will be provided by the School to the Sponsor prior to the opening of the School.
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THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA CHARTER SCHOOL CONTRACT
WHEREAS, the Sponsor has the authority pursuant to Fla. Stat. § 1002.33 to grant to a
non-for-profit organization a charter to operate a charter elementary/middle/high school within the School District; and
WHEREAS, the School is a Florida not-for-profit organization and desires to operate a
charter school within the School District for the purposes set forth in Fla. Stat. § 1002.33 and in the School’s Charter School Application, which is attached hereto as Appendix A and incorporated herein by reference; and
WHEREAS, the School is approved by the Sponsor to provide educational services in
accordance with the terms of a charter school agreement; and
WHEREAS, it is the intent of the parties that this Charter School Agreement [hereinafter
referred to as the “Charter” or “Contract”] shall serve as the charter for the operation of the SCHOOL.
NOW, THEREFORE, in consideration of the mutual covenants and terms set forth
herein, which the parties agree are true and correct recitals, the parties agree as follows:
SECTION I: GENERAL PROVISIONS
This Charter is entered into as of the ______ day of _____________ , 2012 between The
School Board of Palm Beach County, Florida (“School Board” or “Sponsor”) and Somerset Academy, Inc., a non-profit corporation organized under Chapter 617, Florida Statutes,
(“Corporation”), on behalf of the governing board of Somerset Academy Boca (“School”).
A. Approved Application: The application (including any supplementation),
approved by the School Board on March 7, 2012, is attached as Appendix A. All attached appendices are incorporated and made a part of this Contract.
B. Term of Contract:
1. Effective Date: This Contract shall become effective upon approval by the
Sponsor and the signing by both parties, whichever date is later.
2. Term: The term shall cover five (5) years commencing on July 1, 2012 and
ending on June 30, 2017, unless amended by the parties hereto or otherwise terminated in accordance with the provisions of this Charter.
3. Start-up Date [Same as District for initial start-up, flexible thereafter]:
a. In its sole discretion, the Sponsor may grant a one-year deferral from the initial opening date as stated in the approved application (Appendix A), allowing the School to postpone the opening of the School for one school year upon good cause shown. If a deferral is granted, the term of this Contract will be adjusted to reflect cancellation of one year of the term. If a deferral is granted, the term of
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this Contract will be adjusted to reflect cancellation of one year of the term. If the School is granted the deferral but does not open, this Contract will be automatically rescinded with no notice or further action required of the Sponsor. b. For each school year, the initial start-up date of the School shall be consistent with the beginning of the Sponsor’s public school calendar for each school year, unless otherwise agreed by both parties in writing. The School shall provide instruction for at least the number of days and the minimum number of instructional minutes required by law for other public schools, and may provide for additional days. Instructional days beyond the minimum must be submitted to the Sponsor prior to implementation. After the School’s calendar is approved, any subsequent modification must be approved by the Sponsor prior to implementation. Where such violation continues after five (5) days written notice from the Sponsor, it may result in withholding FTE, without penalty of interest, until such violation is cured and/or may constitute good cause for termination of Contract.
4. Deadline to submit all items from Pre-Opening Checklist [Section 11A of contract]: In order to operate a charter school, this School shall have “Authorized
Facilities,” which comply with the requirements of Fla. Stat. § 1002.33 (18). All documents relevant to the School’s acquisition of a facility for the operation of the School, including but not limited to the Building Code Approvals, all necessary permits, Local Jurisdictional Code Approvals (zoning approvals consistent with type of use, fire and health inspections), Occupational License (letter of exemption), deed, and/or Lease Agreements, shall be attached hereto as Exhibit F and incorporated herein by this reference no later than the dates specified for these items for the opening year, in accordance with the Sponsor’s New School Opening School Checklist—PBSD 2414
Charter School Opening of School Checklist. [The checklist references the mandatory
items.] If the required dates within the Checklist for the opening year vary from those within this Contract, the dates on the Checklist control. Failure to comply may result in termination of the Contract pursuant to the notice provisions and termination proceedings of the Sponsor contained in this Contract. If the School does not have the appropriate certification thirty (30) calendar days prior to the opening of the School, then the School may delay its opening on the conditions that it has full compliance with this paragraph and that the School is able to provide the minimum number of hours and minutes of instruction as required by Florida law. Otherwise, the School may defer opening by one academic year during which the School shall not enroll any students and shall not be eligible to receive any funding from the Sponsor. In the alternative, the opening of School shall not be delayed if the School obtains an alternate temporary facility with the appropriate approvals. In such case, such temporary facility may be used by the School until such time the permanent facility is ready to use.
5. Charter Modification:
a. This Charter may not be modified during its term unless by mutual agreement in writing executed by both parties. In evaluating proposed modifications, the Sponsor will consider its need for conformity in the operation of its schools. These modifications will be reviewed with the School prior to enactment. In addition, this Charter shall be automatically modified to reflect any and all new mandates to any and all applicable federal, state, and local
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regulations, rules, statutes, ordinances, and laws. Unilateral modification by the School of this Charter in any way is a breach of said Charter and the Charter may be terminated; a unilateral modification by the Sponsor shall not be enforceable and shall be deemed ineffective.
b. School Election to Terminate or Non-renew: If the School elects to terminate or non-renew the Charter, it shall provide reasonable prior notice of the election to the Sponsor indicating the final date of operation.
6. Charter Renewal:
a. Prior to renewal of this Charter, the Sponsor shall perform a program review to determine the level of success of the School’s current academic program, achievement of the goals and objectives required by state accountability standards and successful accomplishment of the criteria under Fla. Stat. § 1002.33(7) (a) and (b), the viability of the organization, compliance with the terms of the Charter, and that none of the statutory grounds for nonrenewal exist. If the program review reveals significant deficiencies in any of these areas, same may constitute good cause for non-renewal of the Charter.
b. When seeking renewal, the School shall be required to follow the Sponsor’s renewal process which shall be pursuant to State Board of Education rule, Florida Department of Education direction, and/or Florida Statute. If the School meets the criteria for a renewal charter contract, then negotiations for a renewal charter shall commence under the timelines provided by State law. Renewals shall be for a minimum term of five (5) years unless the School is eligible for a longer term pursuant to Fla. Stat. § 1002.33(7) or a longer term is required by law. The negotiations must address the term of the renewal contract, any updates/changes to the goals and objectives of the School, budget updates, and any other changes based upon current School Board rules and its model charter and/or State Board of Education approved charter.
C. Educational Program and Curriculum: [as described in Section 3b-3e or 3f-3g of
Application]: The School shall implement the educational program and curriculum as described in the approved application in Section 3: Educational Program Design. (Appendix B)
1. The School shall implement its educational and related programs as specified in the School’s approved application (Appendix A), including the School’s curriculum, the instructional methods, any distinctive instructional techniques to be used, and the identification and acquisition of appropriate technologies needed to improve educational and administrative performance, which include a means for promoting safe, ethical, and appropriate uses of technology which comply with legal and professional standards.
2. The School shall ensure that reading is a primary focus of the curriculum and that resources are provided to identify and provide specialized instruction for students who are reading below grade level. Further, the curriculum and instructional strategies for reading shall be consistent with Next Generation Sunshine State Standards as well as all other applicable State and Federal Standards and grounded in scientifically-based reading research.
3. Updates, revisions, and/or changes to the curriculum programs described in the application and as requested by the Sponsor as a condition of the application’s approval are incorporated as part of the approved application included as Appendix A. Any request to change the School’s curriculum must be submitted to the Sponsor in wiring,
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comply with all applicable laws and be approved by the Sponsor before the changes are implemented.
4. The School may implement blended learning courses which combine traditional classroom instruction and virtual instruction in accordance with Fla. Stat. § 1002.33(7) (a) (2) (b). Students in a blended learning course must be full-time students of the School and receive the online instruction in a classroom setting at the School. Instructional personnel certified pursuant to Fla. Stat. § 1012.55, who provide virtual instruction for blended learning courses may be employees of the School or may be under contract to provide instructional services to the School’s students. At a minimum, such instructional personnel must hold an active state or School District adjunct certification under Fla. Stat. § 1012.57 for the subject area of the blended learning course. The funding and performance accountability requirements for blended learning courses are the same as those for traditional courses.
5. Charter schools are subject to the same accountability requirements as other public schools, including reports of student achievement information that link baseline student data to the School’s performance projections identified in the charter. The School shall identify reasons for any difference between projected and actual student performance.
6. The School will establish the current incoming baseline standard of student academic achievement, the outcomes to be achieved, and the method of measurement that will be used. The School will employ appropriate instruments, with documented validity and reliability that will be used to measure and monitor growth of students, and collaborate as appropriate with outside professionals to develop and select the appropriate evaluative instruments.
7. The School and Sponsor shall collaborate to encourage and ensure that the School’s program is innovative and consistent with the State education goals established by Fla. Stat. § 1000.03(5).
8. The School agrees that its programs and operations shall be non-sectarian each year.
D. Non-Renewal/Cancellation and Termination: This Contract may be cancelled or
terminated during its term for any lawful reason, including but not limited to, those specified in State law and this Contract. Notices of non-compliance, non-renewal, termination, cancellation, and default may be issued by the Sponsor’s Superintendent of the Superintendent’s designee.
1. Non-Renewal Provisions:
a. Grounds for Non-Renewal
(1) The Sponsor may choose not to renew the Contract at the end of the current term, for any of the following reasons.
(a) The School’s failure to participate in the State’s education accountability system created in Fla. Stat. § 1008.31 as required in this section, or failure to meet the requirements of student performance stated in the Charter;
(b) The School’s failure to meet generally accepted standards of fiscal management which includes, but is not limited to, a negative fund balance in any governmental fund as reported in a budget or audit report; negative net assets as reported in a budget or audit report; failure to timely file reports required by the
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Sponsor; improper expenditure of grant funds; failure to maintain required insurance; failure to correct audit findings within sixty (60) calendar days; spending in excess of approved appropriations; and material discrepancies (five percent [5%] or greater) between unaudited annual financial report and audited statements;
(c) The School’s violation of law;
(d) Other good cause shown, including but not limited to, an uncured material breach of those reasons defined in this Contract as set forth below. “Good cause” for non-renewal or termination includes, but is not limited to, the following:
(i) failure to implement a reading curriculum that is consistent with effective teaching strategies grounded in scientifically-based reading research, by the Florida Department of Education;
(ii) failure to meet student performance as determined pursuant to Federal or State laws or standards or this Charter’s objectives and it is not likely that such objectives will be achieved prior to expiration of the Charter;
(iii) receiving a School grade of three (3) consecutive grades of “D, or two (2) consecutive grades of “D” followed by “F”, or two (2) nonconsecutive grades of “F” within a three (3) year period as determined by the Florida Education Code and relevant State Board of Education rules, unless the School qualifies for one of the exceptions provided for in Fla. Stat. § 1002.33 (9) (n) (4);
(iv) failure to make adequate academic progress under State and Federal laws or standards;
(v) the School or its representatives are found to have committed a material fraud on the Sponsor or made a material misrepresentation, either willfully or recklessly, in the application or this Contract;
(vi) failure to timely submit or implement a Corrective Action Plan, a Financial Recovery Plan, or periodic reports specified in the plans and required by the Sponsor, the State Commissioner of Education or the State Board of Education in accordance with Fla. Stat. §§ 218.503 and 1002.345;
(vii) failure to strictly comply with the issues stated in the Educational and/or Financial Action Plan or material findings based upon either the Mid-Year Review and/or the End-of-Year Review or an audit performed by either the Sponsor or an independent qualified CPA firm, provided such issues are based on the requirements of Florida law; (viii) failure to follow, implement or make progress toward the mission of the School as stated in the Application and this Contract;
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(ix) failure to deliver the instructional programs or curricula identified in the application;
(x) failure to make contributions to the Florida
Retirement System if the School has elected to be part of the FRS;
(xi) having substantial debt or delinquency in payments resulting in a deteriorating financial condition as defined in Fla. Stat. § 1002.345;
(xii) the School files for bankruptcy, is adjudicated bankrupt or insolvent, or is so financially impaired that the School cannot continue to operate and/or is no longer able to meet and/or satisfy financial obligations pursuant to the standards and criteria set forth in Fla. Stat. § 218.503 or Rule 6A-1.0081, Florida Administrative Code (F.A.C.); (xiii) failure to have an annual audit that complies with the requirements specified in law or this Contract or to timely submit required financial reports;
(xiv) failure to meet generally accepted accounting principles;
(xv) willfully or recklessly fails to manage public funds according to the law;
(xvi) failure to comply with maximum class size restrictions as required by law and as deemed legally applicable to charter schools;
(xvii) failure to maintain insurance coverage in at least the minimum limits as required by this Contract;
(xviii) failure to provide the Sponsor with required access to records;
(xix) violation of any enforceable court order relating to matters involving the charter school or its governing board; (xx) criminal conviction on matters regarding the School by either the School’s governing board, its members, collectively or individually, or by the management company contracted by the School where the governing board knew or should have known of the conduct underlying the conviction and failed to take corrective action;
(xxi) receiving a determination of financial emergency, pursuant to Fla. Stat. § 218.503 and failure to seek a remedy or cure under that section;
(xxii) material violation of the School’s corporate by-laws that causes material harm to the School;
(xxiii) improper student admissions and/or withdrawal practices pursuant to Federal or State law, State or Sponsor rules, or contrary to the terms of this Contract;
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(xxiv) any uncured material breach or violation of the standards, requirements, or procedures of this Charter, including but not limited to:
(a) failure to timely comply with all financial reports and statements in the format specified by the Sponsor, State Board of Education, or the Florida Department of Education;
(b) violation of the prohibition against School governing board members receiving compensation, directly or indirectly, from the School’s operations, including but not limited to, grant funds;
(c) failure to fulfill all the requirements for highly qualified instructional personnel as defined by the No Child Left Behind Act (NCLB);
(d) failure to comply with the timely submission of the annual school accountability report to the Sponsor;
(e) failure to timely submit the School
Improvement Plan to the Sponsor;
(f) failure to participate in all required
assessment programs;
(g) failure to allow the Sponsor reasonable access to facilities and records to review data sources, including collection and recording procedures;
(h) failure to make adequate progress or set measurable goals towards the goals and outcomes designated in the School Improvement Plan;
(i) failure of secondary charter schools to comply with Fla. Stat. §§ 1003.43 and 1008.25; (j) failure to use records and grade procedures that adequately provide the information required by the Sponsor, State Board of Education rule, Florida Department of Education direction, or Florida Statutes;
(k) failure to provide Exceptional Education Students (ESE) and English Language Learners (ELL) with programs and services in accordance with federal, state, and local laws;
(l) failure to obtain proof of consent to enroll each student from the student’s parent/guardian or from the student, if the student is eighteen (18) years of age or older;
(m) failure of the School to comply with the timely submission of the annual financial audit as required by Fla. Stat. § 218.39;
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(n) failure to comply with the Florida Building Code (including those applicable portions of Chapter 553, F. S.) and the Florida Fire Prevention Code, including referenced documents, applicable state laws and rules, and federal laws and rules; (o) failure to comply with all applicable laws, ordinances, and codes of federal, state, and local governance including Individuals with Disabilities Education Improvement Act (IDEA);
(p) failure to obtain all necessary licenses, permits, zoning, use approval, facility certification, and other approvals required for use and continued occupancy of the facility as required by the local government or other governmental agencies, within the timelines specified by the Sponsor in this Contract or the checklist;
(q) failure to maintain valid licenses, permits, use approval, facility certification, and any other governmental bodies having jurisdiction at any time during the term of this Contract;
(r) violation of those provisions of the Code of Ethics for Public Officers and Employees as required pursuant to Fla. Stat. § 1002.33(26);
(s) violation of the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232 g; 34 CFR Part 99) or student educational record privacy under Fla. Stat. §§ 1002.22 and 1002.221, and 6A-1.0955, F.A.C.) as applicable;
(t) any material violation of assessment
administration and security procedures;
(u) failure to make sufficient progress in attaining the student achievement objectives of the Contract and it is not likely that such objectives can be achieved before expiration of the Contract;
(v) failure to correct any material
deficiency(ies) of which the Sponsor has notified the School either in the termination notice or in a separate prior notice of non-compliance, and/or; (w) habitual and repeated failure by the School to submit financial reports, the School Improvement Plan, the Annual Report, and any other District or State-required documentation by the stated deadline.
b. Process for Non Renewal:
(1) At least ninety (90) days prior to the Sponsor’s intent not to renew the Contract, the Superintendent or designee shall notify the Chair of the
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School’s governing board in writing. The notice shall state in reasonable detail the grounds for the proposed non-renewal and stipulate that the School’s governing body may, within 14 calendar days after receiving the notice, request a hearing. The request for hearing shall be filed with the Sponsor’s clerk, and the filing and processing of the request shall follow the Sponsor’s procedures and be consistent with Chapter 120, F.S. and Fla. Stat. § 1002.33(8)(b)2.
(2) The hearing shall be conducted in accordance with the following procedure as provided by Fla. Sta. § 1002.33(8) (b) 2: A hearing shall be conducted by an administrative law judge assigned by the Division of Administrative Hearings (“DOAH”). The hearing shall be conducted within sixty (60) days after receipt of the request for a hearing (unless an extension of time is granted) and in accordance with Chapter 120, F.S. The administrative law judge’s recommended order shall be submitted to the Sponsor. A majority vote by the Sponsor shall be required to adopt or modify the administrative law judge’s recommended order. The Sponsor shall issue a final order. The final order shall state the specific reasons for the School Board’s decision. The School Board shall provide its final order to the School’s governing board and the Department of Education no later than ten (10) calendar days after its issuance. The School’s governing board may, within thirty (30) calendar days after receiving the School Board’s final order, appeal the decision pursuant to Fla. Stat. § 120.68.
(3) The decision by the governing board to appeal must be made or authorized in a legally advertised public meeting with a quorum present. Minutes or an adopted resolution documenting the action must be submitted to the Sponsor and available for public inspection.
c. Duties of Sponsor and School under Pendency of Appeal
(1) The School’s governing board shall continue to operate the School during the time period prior to a determination to non-renew or terminate the Contract. In that event, all provisions of this Contract shall remain in effect. Absent action by the School Board to the contrary, the School is then closed.
(2) Simultaneous with the closure of the School, the School shall follow the procedures set forth below in Section I, D, 4.
2. Ninety (90) Day Termination:
a. Grounds for Termination
(1) The Sponsor may choose to terminate the Contract during its term for any of the following reasons:
(a) the School’s failure to participate in the State’s education accountability system created in Fla. Stat. § 1008.31 as required in this section, or failure to meet the requirements for student performance stated in the Charter;
(b) the School’s failure to meet generally accepted standards of fiscal management which includes, but is not limited to, a negative fund balance in any governmental fund as reported in a budget or
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audit report; negative net assets as reported in a budget or audit report; failure to timely file reports required by the Sponsor; improper expenditure of grant funds; failure to maintain required insurance; failure to correct audit findings within sixty (60) calendar days; spending in excess of approved appropriations; and material discrepancies (five percent [5%] or greater) between unaudited annual financial reports and audited statements;
(c) the School’s violation of law;
(d) other good cause shown, including but not limited to an uncured material breach of those reasons defined in Charter which include, but are not limited to, those grounds set forth above for non-renewal in Section I, D, 1 (a)(l)(d).
b. Process for Ninety-day Termination
(1) At least ninety (90) days prior to termination of the Contract, the Superintendent or designee shall notify the Chair of the School’s governing board in writing. The notice shall state in reasonable detail the grounds for the proposed termination and stipulate that the School’s governing body may, within 14 calendar days after receiving the notice, request a hearing with the School Board’s Clerk. The filing and processing of the request shall follow the Sponsor’s procedures and be consistent with Chapter 120, F.S. and Fla. Stat. § 1002.33(8) (b) 2.
(2) The remaining process is the same as for non-renewal as set forth above in Section I, D, 1, (b)(2)-(3), entitled “Process for Non-Renewal.” c. Duties of Sponsor and School under Pendency of Appeal
(1) The School’s governing board shall continue to operate the School during the time period prior to a determination to terminate the Contract is made by the School Board. In that event, all provisions of this Contract shall remain in effect. Absent action by the School Board to the contrary, the School is then closed.
(2) Simultaneous with the closure of the School, the School shall follow the procedures set forth below in Section I, D, 4 below.
3. Immediate Termination:
a. Notice of Planned Immediate Termination
(1) This Contract may be terminated immediately if the Sponsor sets forth in writing the particular facts and circumstances indicating that an immediate and serious danger to the health, safety, or welfare of the School’s students exists. The Sponsor’s determination may be made at any public meeting of the Sponsor.
(2) The Sponsor shall notify the School’s governing board, the School principal, and the Florida Department of Education. The Sponsor shall clearly identify the specific issues that resulted in the immediate termination and provide evidence of prior notification of issues resulting in the immediate termination when appropriate. The School may still be terminated upon 90 days notice or non-renewed during the pendency of an appeal of an immediate termination.
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b. Hearing Process
(1) Appeal: The School’s governing board may, within ten (10) calendar days after receiving written notice from the Sponsor of its decision to terminate the Contract, pursuant to the procedures stated in Fla. Stat. § 1002.33(8)(d), and the terms and provisions of Fla. Stat. §§120.569(2)(c) and 120.54(5)(b), and 28-106.201 and 28-106.104, F.A.C., file a request a hearing with the Clerk of the School Board.
(2) The pre-hearing and hearing procedures set forth above in Section I, D, 1, (b) (2-3) and Section I, D, (2) (b) above apply to hearings following immediate terminations of charters under Fla. Stat. § 1002.33(8) (d). This hearing will be conducted after the immediate termination occurs and the requested hearing must be expedited and the final order must be issued within sixty (60) days after the date of the request.
(3) The decision by the governing board to appeal must be made or authorized in a legally advertised public meeting with a quorum present. Minutes or adopted resolution documenting the action must be submitted to the Sponsor and available for public inspection.
c. District Operation of the School Pending Appeal:
(1) Per the provisions of Fla. Stat. § 1002.33(8) (d), the Sponsor shall assume operation of the School throughout the pendency of the hearing on an immediate termination under Fla. Stat. § 1002.33(8), paragraphs (b) and (c), unless the continued operation of the School would materially threaten the health, safety, or welfare of the students. Per Fla. Stat. § 1002.33(8) (d), failure by the Sponsor to assume and continue operation of the School shall result in the awarding of reasonable costs and attorney’s fees to the School if the School prevails on appeal.
(2) School Access and Documentation Responsibilities: The School shall immediately give to the Sponsor unlimited access to the School’s facilities, security-system access codes and access codes for all School-owned computers in the School’s facilities purchased with public funds, all student, educational, and administrative records of the School, access to the School’s bank accounts which contain public funds, storage facilities, public funds required records, and information, receipts, and documentation for all expenditures of public funds, including but not limited to, federal grants such as Title I and charter school grants, and all public property. Failure to grant access shall relieve the Sponsor of its duty to operate the School.
(3) Removal of Funds or Property: Upon termination or non-renewal, the School shall not remove any funds or property purchased with public funds. Under no circumstances shall the School remove any property or funds prior to the Sponsor’s decision to immediately terminate. Any violation of this provision shall relieve the Sponsor of its duty to operate the School.
(4) Disbursement of Funds: The Sponsor shall only disburse School funds in order to pay the normal expenses of the School as they accrue in
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the ordinary course of School business. The School is not required to use its own funding resources to operate the School.
(5) Employees of the School: The School’s instructional and operational employees may continue working in the School during the time that the Sponsor operates the School, at the Sponsor’s option, but will not be considered employees of the Sponsor; any existing employment contracts that any School personnel may have with the School may not be assumed or transferred to the Sponsor or any entity created by the Sponsor during the “assumption of operations” of the School by the Sponsor or that entity, unless the Sponsor or its entity agree otherwise.
4. Post-Termination Provisions:
a. Financial and Operational Records Upon Termination or Expiration— School Responsibilities: When a charter is not renewed or is terminated, per Fla. Stat. § 1002.33(8) (e), the School shall be dissolved under the provision of law under which the School was organized. Copies of all administrative, operational, and financial records of the School shall be provided to the Sponsor within five (5) days of the date the termination/non-renewal takes effect, although for an immediate termination the records must be provided immediately as stated above. b. Student Records upon Termination or Expiration School Responsibilities: If the Contract is not renewed or is terminated, student records of the School shall be provided to the Sponsor on the date the termination/non-renewal takes effect. c. Property/Assets -- School Furniture, Fixtures, Equipment, and Funds: Any property, improvements, furnishings, and equipment purchased with public funds shall automatically revert to the Sponsor (subject to any lawful liens and encumbrances) and shall be peacefully delivered to the Sponsor. If the School’s accounting records fail to clearly establish whether a particular asset was purchased with public funds or non-public funds, then it shall be presumed public funds were used and ownership of the asset shall automatically revert to the Sponsor. Property and assets purchased with public funds shall be defined as those goods purchased with grants and funds provided by a governmental entity. Funds provided by the School and used by a management company to purchase property and assets for the School are considered public funds. In such event, the Sponsor shall not have any obligation to reimburse or pay the School, its governing board, the vendor, donor of the property, or anyone else for any such improvement, attachment, or incorporated item, and the School shall ensure that all relevant contracts entered into by the School must contain written notice of such.
The School agrees that, in the event any public funds received by the School from or through the Sponsor are used to purchase or improve real property that any unencumbered public funds and all equipment and property purchased with public education funds reverts to the ownership of the Sponsor upon termination or non-renewal of this agreement. The reversion of such equipment, property, and furnishings shall focus on recoverable assets, but not on intangible or irrecoverable cost such as rental or leasing fees, normal maintenance, and limited renovations.
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d. Debts upon Non-Renewal [pursuant to statute] School Debt: The School shall be responsible for all debts of the School. The Sponsor may not assume the debt from any contracted services made between the governing body of the School, the Management Company, and/or third parties.
e. Leases upon Non-Renewal: In the event that this Charter has expired or is terminated or non-renewed by the Sponsor, any and all leases existing between the Sponsor and the School shall be automatically cancelled. In no event shall the Sponsor be responsible under any theory for any lease obligations, debts or obligations that the School incurred, including but not limited to, all attorney’s fees and costs.
f. Assets upon Non-Renewal:
(1) See Section I, D, 4, c, above.
(2) Unencumbered Funds: Per the provisions within Fla. Stat. § 1002.33 (8) (e), unencumbered public funds revert to the Sponsor. Upon the Sponsor’s request, unencumbered public funds from the School, the School’s District School Board property, and improvements, furnishings, and equipment purchased with public funds, or financial or other records pertaining to the School, in the possession of any person, entity, or holding company other than the School, shall be held in trust until any appeal status is resolved.
SECTION II: ACADEMIC ACCOUNTABILITY A. Student Performance: Assessment and Evaluation
1. Initial Year:
a. Expected Outcomes [as described in Section 5]: The educational goals and objectives for improving student achievement, including how much academic improvement students are expected to show each year, how student’s progress and performance will be evaluated and the specific results to be attained are described in Section 5 of the Application: Student Performance, Assessment, and Evaluation.
b. Methods of Measurement [How outcomes will be measured.]: The
methods used to identify the educational strengths and needs of students, and the educational goals and performance standards are those specified in the School’s approved Application.
c. Assessments [as described in Section 5]: All School personnel involved with any aspect of the testing process must have knowledge of and abide by state and Sponsor policies, procedures, and standards regarding test administration, test security, test audits, and reporting of test results. The Sponsor shall provide to applicable School staff all services/support activities that are routinely provided to the Sponsor’s staff regarding implementation of District and state-required assessment activities, e.g., procedures for test administration, staff training, dissemination, and collection of materials, monitoring, scoring, analysis, and summary reporting.
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The School shall provide adequate technological infrastructure to support all required online test administration.
(1) State-required Assessments [pursuant to statute and State Board of Education rule]: Students shall participate in all state assessment programs. The School shall facilitate required alternate assessments and comply with state reporting procedures. The Sponsor shall provide test administration services, including payment of the costs of state-required assessments, in accordance with Fla. Stat. § 1002.33(20).
(2) Additional Assessments: Students shall participate in all District assessment programs in which the District’s students in comparable grades/schools participate and any other assessments as described in Section 5 of the Application: Student Performance, Assessment, and Evaluation. The Sponsor shall provide test administration services, including payment of the costs of District-required student assessments, in accordance with Fla. Stat. § 1002.33(20).
2. Annual:
a. School Improvement Plan:
(1) Minimum Components of SIP
(a) The School will timely provide the Sponsor a School Improvement Plan (SIP) that is based on the goals and objectives in the application (Appendix A) and complies with the guidelines provided by the Sponsor by the date due established by the State and/or Sponsor. The School Improvement Plan shall contain the School’s measurable objectives for the subsequent School year. (b) The School agrees to the baseline standard of achievement, the outcomes to be achieved, and the methods of measurement that have been mutually agreed upon in the SIP.
(2) Deadline for Governing Board Approval: The governing board of the School shall review and approve the SIP prior to its submission. Minutes documenting SIP approval must be taken and made available for public inspection.
(3) Monitoring: The School’s governing board shall develop and monitor the implementation of the School Improvement Plan. Schools which fall under the State of Florida Differentiated Accountability Plan will comply with all requirements as they relate to the School Improvement Plan. The School will maintain, and have available for review, a textbook or digital textbook inventory for core courses which shall include title, date of adoption cycle, and number of texts available and in use.
b. Assessments [as described in Section 5e of the Application]: Students shall participate in assessment programs as described in Section 5e of the Application: Student Performance, Assessment, and Evaluation. If an IEP for a student with disabilities or an EP for a student who participates in programs for the gifted, indicates accommodations or an alternate assessment for participation in a State assessment, the School will facilitate the accommodations or alternate assessment and comply with State reporting procedures.
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All School personnel involved with any aspect of the testing process must have knowledge of and abide by state and Sponsor policies, procedures, and standards regarding test administration, test security, test audits, and reporting of test results. The Sponsor shall provide to applicable School staff all services/support activities that are routinely provided to the Sponsor’s staff regarding implementation of District and state-required assessment activities, e.g., procedures for test administration, staff training, dissemination and collection of materials, monitoring, scoring, analysis, and summary reporting.
The Contract may be terminated if the School earns a School grade of three (3) consecutive grades of “D, or two (2) consecutive grades of “D” followed by “F”, or two (2) nonconsecutive grades of “F” within a three (3) year period as determined by the Florida Education Code and relevant State Board of Education rules, unless the School qualifies for one of the exceptions provided for in Fla. Stat. § 1002.33 (9)(n)(4). The Contract may be non-renewed or terminated if the School fails to make adequate academic progress in accordance with state and federal laws. This provision does not preclude the Sponsor from terminating the Contract for failure to meet academic standards within the first or any subsequent school year. In addition to evaluating the School’s success in achieving the objectives stated in the School Improvement Plan, the School shall meet the state’s student performance requirements as delineated in School Board of Education Rule 6A-1.09981, Implementation of Florida’s System of School Improvement and Accountability, based on Fla. Stat. §§ 1001.02, 1008.33, and 1008.345. This accountability criterion shall be based upon the assessment systems of the School, the Sponsor, and the State. The School shall use records and grade procedures that adequately provide the information required by the Sponsor. The grading and recording system used by the School must comply with the State’s reporting guidelines and be approved by the Sponsor. If the School chooses to use an application other than the system in use by the Sponsor, it will be responsible for data entry directly for both daily attendance and quarterly grades.
(1) State-required Assessments [pursuant to statute and State Board of Education rule]: Students at the School shall participate in all state assessment programs. The School shall facilitate required alternate assessments and comply with state reporting procedures. The Sponsor shall provide test administration services, including payment of the costs of state-required student assessments, in accordance with Fla. Stat. § 1002.33(20).
(2) Additional Assessments: Students shall participate in all District assessment programs in which the District’s students in comparable grades/schools participate and any other assessments as described in Section 5 of the Application: Student Performance, Assessment, and Evaluation. The Sponsor shall provide test administration services, including payment of the costs of state-required student assessments, in accordance with Fla. Stat. § 1002.33(20).
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a. The School shall be responsible for all costs associated with assessments not mandated by the State, District, or otherwise covered by federal funding, such as Title I and IDEA.
B. Student Promotion:
1. School student promotion policy consistent with the approved application unless otherwise agreed upon by both parties.
THE SCHOOL WILL FOLLOW THE SPONSOR’S STUDENT PROGRESSION PLAN.
If the School adopts the Sponsor’s Student Progression Plan (SPP), the School shall implement the SPP in effect for the current operational year. The Sponsor may consider, but is not obligated to approve any exemptions from the SPP requested by the School. Failure to agree on exemptions shall not be considered a contract dispute. The School may not implement any exemptions that are not approved by the Sponsor.
The School agrees that its students shall be promoted in accordance with its approved application (Appendix A). [If the SPP is different that the District’s add: The School’s SPP is attached as Exhibit R].
2. Graduation Requirements: Charter schools serving high school students shall
assure compliance with the method for determining graduation requirements pursuant to Fla. Stat. § 1008.25 and that students meet all graduation requirements as defined in Fla. Stat. §§ 1003.428 and 1003.429 or Fla. Stat. § 1003.43, or any other statute, rule, or regulation relating to graduation requirements, as applicable. The School shall follow the Sponsor’s report card distribution calendar. A copy of the report card is attached as Appendix K.
The charter schools serving high school students will award diplomas, Certificates of Completion, special diplomas for ESE students when indicated on a student’s IEP, and State of Florida Certificates for General Education Development (GED) in conjunction with the Sponsor’s GED program, or a combination thereof, as appropriate and in the manner required by law.
Graduation and promotion requirements are contained in the Sponsor’s Student Progression Plan, as attached hereto in Appendix R. Graduation requirements apply to high schools only.
3. Other Assessment Tools as Stated in Approved Application:
a. In addition to those assessment tools identified in this Charter and in the Schools’ governing rules, the School will utilize other assessment tools specified in the School’s approved application (Appendix A).
b. Accreditation: Secondary schools shall notify parents and students in writing in the Application, the Parent/Student Handbook, and the student contract of the School’s accreditation status and the implications of non-accreditation.
C. Data Access and Use Pursuant to Statute:
1. Access to Facilities, Records, and Data: The School shall allow the Sponsor
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and recording procedures, in order to assist the Sponsor in making a valid determination about the degree to which student performance requirements have been met as stated in the Contract, and required by Fla. Stat. §§ 1008.31 and 1008.345.
2. Sponsor Use of Required Assessment Data: The Sponsor will use results from
the state and district required assessment programs referenced in this Charter, the data elements included in the annual report, and any other information acquired by the Sponsor to provide the State Board of Education and Commissioner of Education the analysis and comparison of the School’s student performance.
3. Acceptable Use Policy: All School employees and students are bound by all of
the Sponsor’s computer policies and standards regarding data privacy and system security. The School shall not access any of the Sponsor’s student information unless and until the student enrolls in the School. Violation of this provision constitutes good cause for termination.
SECTION III: STUDENTS
A. Eligible Students [as described in Section 2a of Application]: The School shall be open
to any student residing in Palm Beach County and to students in other districts with which inter-district agreements exist. The School may give enrollment preferences to student populations as allowed by Fla. Stat. § 1002.33 (10)(d) as stated within Sections III, D and F below and its Application. In addition, the School may limit enrollment to target certain student populations as defined in Fla. Stat. § 1002.33(10)(e).
B. Grades Served: Kindergarten through Grade 5
C. Class Size: The School shall comply with class size restrictions as required by law and
to the extent deemed legally applicable to charter schools.
D. Annual Projected Enrollment [deadline for submission to Sponsor]: Brief description
of special provisions for enrollment (e.g., specific population served or enrollment preference). See application—Appendix A.
1. Student Enrollment: The following is the student enrollment breakdown by
year.
a. Year 1: Grades K thru 5 – up to 550 students b. Year 2: Grades K thru 5 – up to 650 students c. Year 3: Grades K thru 5 – up to 750 students d. Year 4: Grades K thru 5 – up to 750 students e. Year 5: Grades K thru 5 – up to 750 students
2. Minimum Enrollment Requirements: The School’s minimum enrollment for
the first year of operation is 108 students. The parties agree that this is the minimum enrollment that will support the School’s operations. Failure to achieve the minimum enrollment by the October FTE reporting period and each following year constitutes good cause for termination or non-renewal unless an amended and balanced budget to support this minimum enrollment is provided by the School to the Sponsor within thirty (30) days of the October FTE reporting period and approved by the Sponsor. In addition, FTE
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moneys paid based on higher enrollment projections will be deducted from future FTE payments to the School, without penalty of interest. A budget to support this minimum enrollment is provided in Appendix C.
3. Deferred Opening and Student Enrollment: In the event the School defers
opening upon good cause shown, the student enrollment breakdown in Paragraph 1 above will be adjusted to reflect the cancellation of the first year and the last Year 5 of this Agreement will reflect the maximum capacity permitted. The last year of the term of the Contract does not change.
4. Required Instructional Minutes: Instructional minutes shall be a minimum of
300 minutes or in accordance with Florida Education Finance Program.
5. Enrollment Capacity: The enrollment capacity is contingent on the student
capacity as stated on the valid Certificate of Occupancy (CO), Certificate of Use (CU), and/or Fire Permit for the School facility issued by the local governmental agency in whose jurisdiction the facility is located. Monthly payments shall be withheld, without penalty of interest, for students in excess of the School’s enrollment capacity, as defined by the valid CO, CU, or Fire Permit.
E. Annual Capacity Determination [deadline for submission to Sponsor]: Except as
otherwise provided in by Fla. Stat. § 1002.331 for high performing charter schools, any change in the School’s approved maximum school enrollment capacity must be achieved through amendment of this Charter approved by the School and Sponsor. If a change in its maximum school enrollment capacity is desired for an upcoming school year during the term of this Charter, the School must provide notice to the Sponsor of the proposed change in school enrollment capacity and the facts supporting that request no later than February 28 prior to the school year in which the increased capacity is requested. Maximum school enrollment capacity shall not exceed the maximum capacity established by any applicable certificate of occupancy, certificate of use, fire permit, or applicable provision of Article IX, § 1, of the Florida Constitution or any other law or rule that is applicable to the School. Notwithstanding the aforementioned, if the School becomes a High Performing Charter School, it shall be subject to the procedure as stated in Fla. Stat. § 1002.331.
F. Admissions and Enrollment Plan [as described in Section 13c of Application]: The
School may give enrollment preferences and may limit enrollment to student populations, as allowed by Fla. Stat. § 1002.33 (10)(d) and (e) and stated within its Application (Appendix A). The School shall implement the enrollment policies and procedures and any lottery process, as described in Section 13c of the Application: Student Recruitment and Enrollment. The School will serve students residing within the Palm Beach County School District as well as students covered under an inter-district agreement. In addition, pursuant to Fla. Stat. § 1002.33(10)(a), any student shall be eligible for an inter-district transfer when based upon good cause; good cause includes, but shall not be limited to, geographic proximity to a charter school in a neighboring school district. Any student (School family) that submits a timely and complete application for enrollment in the grades as stated above will be eligible to enroll unless the number of applications exceeds the capacity of the program, class, grade level, or building. The School will have an open admissions policy (first come, first served basis) and all applicants will have an equal chance of being admitted. The School shall strive to achieve a racial/ethnic balance reflective of the community it serves or within the racial/ethnic range of other traditional
