COMMONWEALTH OF PENNSYLVANIA CHARTER. to operate a public charter school known as Lincoln Charter School

Transcription

1 COMMONWEALTH OF PENNSYLVANIA CHARTER to operate a public charter school known as Lincoln Charter School This Charter (the Charter ) is made and entered into as of July 1, 2015 (the Effective Date ), by and between THE SCHOOL DISTRICT OF THE CITY OF YORK ( the School District ), acting through and by its Board of School Directors and the LINCOLN CHARTER SCHOOL, a Pennsylvania nonprofit corporation (the Charter School ) acting through and by its Board of Trustees (the Charter Board ), with its principal place of business at 559 West King Street, York, Pennsylvania The School District and the Charter School together are referred to as the Parties or separately as a Party. WHEREAS, the Charter School is currently operating the Charter School under and pursuant to a Charter that will expire or end on June 30, 2015; and WHEREAS, in September, 2014, the Charter School indicated its intention to seek a renewal of its Charter with the School District for a period of five (5) years; and WHEREAS, following a comprehensive review of the Charter School s operations during the Charter, the School District determined that there were a number of concerns with the Charter School regarding student academic performance, its compliance with the material terms of its Charter and other operational issues, which the School District has presented to the Charter School and which the School District believes could legitimately form the basis of a non renewal recommendation; and WHEREAS, in order to avoid the time and expense of non renewal proceedings, the parties have reached an agreement on a number of conditions to be placed into this Charter that address the concerns and deficiencies raised by the School District; and WHEREAS, the Charter Board has authorized the execution of this Charter; NOW THEREFORE, in consideration of the promises and the mutual covenants and agreements set forth herein, the parties, intending to be legally bound, hereby mutually agree to the above Recitals and the following provisions; 1. Grant of the Charter: Subject to all of the terms and conditions set forth in this Charter, the School Board grants to the Charter Board this Charter to operate the Charter School as a public school under and pursuant to the Charter School Law, 24 P.S A et seq., any amendments thereto enacted during the term of this charter and all laws, regulations or standards applicable to charter schools. 2. Location: The Charter School shall operate a charter school only at the following location: 559 West King Street, York, Pennsylvania The Charter School shall not suspend nor terminate operations at this location, nor relocate from these premises without the prior written consent of the School District. 3. Term: The term of this Charter shall be for a period of five (5) years, commencing on July 1, 2015 and ending on June 30, 2020 (the Term ).

2 4. Incorporation of Application and Other Documents: The granting of this Charter is specifically contingent upon the Charter School s operation in substantial accordance with the following documents throughout the term of the Charter: (a) Original Charter school Application submitted on or around November 15, 1999, the Renewal Request/Application submitted on or around November 30, 2004, and the Renewal Request/Application submitted in the fall of 2009, which are attached hereto as Appendix A; (b) the Renewal Application submitted by Charter School on or about October 31, 2014, as well as all additional information and documentation requested to be submitted for review, which is attached hereto as Appendix B; (c) the documents submitted by the Charter School in satisfaction of the conditions, which are attached hereto as Appendix C; (c) the Statement of Assurances form that is attached hereto as Appendix D. All of the attached Appendices are incorporated herein by reference as if fully set forth in their entireties. The Application may not be substantially modified except by an amendment to this Charter duly authorized, executed and delivered by the Parties. To the extent any conflict exists or arises between the terms of this Charter and the terms of the attached Appendices, the terms of this Charter shall govern and control. The Charter Board shall operate the Charter School in conformity with the mission statement set forth in the Application. 5. Enrollment and Grade Configuration: The Parties acknowledge and agree that the Charter School will only enroll students in grades Kindergarten through 5 during the Term. The Parties also acknowledge and agree that the Charter School total annual enrollment during the Term will not exceed 785 students. 6. Conditions for Renewal: The Charter School and Charter Board shall comply with certain conditions for renewal (the Conditions for Renewal ) as set forth herein. Failure to comply with the Conditions for Renewal to the reasonable satisfaction of the School District may be a basis for revocation or nonrenewal of the Charter School s Charter, in addition to any other basis permitted under applicable law. If the School District determines that any of the documents required to be submitted by the Conditions set forth below are not satisfactory to the School District, it shall inform the Charter School of the basis for the concern and provide the Charter School with a reasonable opportunity to provide a revised submission to the School District that satisfies the concern. a. English Language Learners (ELL) and English as a Second Language (ESL) Matters. The Charter Board shall develop and adopt an ESL board policy in compliance with applicable laws pertaining to a Local Educational Agency (LEA). The Charter School shall develop ELL guidelines to provide guidance and support for all of its teachers, administrators and staff about the ELL program, including state and federal mandates relating thereto. The ESL board policy and the ELL guidelines shall be submitted to the School District no later than April 1, Throughout the Term, the Charter School shall also require its ELL teachers to create ELL lesson plans which include WIDA goals when students are pushed into the classroom. b. Human Resource/Personnel Matters. The Charter School shall review all personnel files to ensure that all files contain any and all clearances as required by law. The Charter School shall also review all personnel files to ensure that all of the files of employees eligible for PSERS contain documentation evidencing enrollment in PSERS. The Charter School shall review all personnel files to ensure that I 9 forms (Federal Employment Eligibility forms) are completed and included in the files, when applicable. c. School Safety. The Charter School shall perform an annual audit relating to building security. The audit shall include an examination of the security equipment for the building including, but not limited to, security cameras. In the event an audit finds one or more material deficiencies, the Charter Board shall adopt a policy to address

3 and correct the deficiencies and the Charter School shall implement the policy or otherwise resolve the deficiencies. The Charter School shall also annually participate in FEMA/PEMA Weather and Natural Disaster Drills as well as any form of Menacing Intruder/Active Shooter Drills available. d. Finance. The Charter School shall establish and maintain a separate Food Service Fund for the accounting of its Food Service operations. Food Service operations and activities shall not be accounted for in or though the General Fund. The Charter School shall implement and maintain an effective Child Accounting System. The Child Accounting System of the Charter School must produce clear, accurate and timely reports and invoices so the information can be easily reconciled by the School District. The Charter School shall set up and utilize the functions of its accounting system to, among other things, segregate expenditures to various functions and otherwise properly account for the activities of the Charter School as required by law. The funds of the Charter School on deposit shall not exceed the limits of funds insured under the Federal Deposit Insurance Corporation (FDIC). In the event of the funds of the Charter School on deposit or to be deposited will exceed the FDIC limits, then shall determine if collateralization of deposits in excess of FDIC limits is required and take any necessary action to comply and/or take other appropriate action to protect its deposits. e. Special Education. The Charter School shall update and revise its curriculum to include more information regarding the differentiation of instruction for students with IEPs. The information shall include how technology is being used in instruction. The Charter School shall track the number of students and the category of disability of each student who is placed outside of the Charter School to ensure that each student is in the least restrictive environment. f. Academic Performance/ Student Achievement Matters. The Charter Board agrees to administer the PSSA assessments and meet the student performance requirements set forth in 22 Pa. Code Ch. 4 or subsequent regulations relating to curriculum or academic standards and assessments. The Charter Board further agrees that the Charter School s aggregate percentages of students scoring Advanced or Proficient in Reading and Math on the PSSA shall each increase in accordance with the following formula: In Reading, the aggregate percentage would increases annually at a rate of 4.48 percentage points for a total over the five (5) year term of 22.4 percentage points, and; in Math, the aggregate percentage would increase annually at a rate of 3.38 percentage points for a total over the five (5) year term of 16.9 percentage points. 1 The baseline scores shall be the Charter School s aggregate PSSA scores in Math and in Reading, as reported on the 2015 Pennsylvania School Performance Profile which it is anticipated will be released in or around September or October of When said Profile is released, the baseline scores and the percentages of achievement (aggregate percentages of students scoring Advanced or Proficient) in Reading and Math in each year of the 1 For example and for the purpose of reference only, if the baseline scores for the Charter School s aggregate PSSA scores were used, which were 60.6% in Math and 47.4% in Reading, as reported on the 2014 Pennsylvania School Performance Profile, the percentages of achievement in Reading and Math using the formula would be as follows: Subject (baseline) Reading Math

4 Term shall be determined in accordance with the foregoing formula, and a table similar to the one set forth immediately below shall be completed noting such percentages which shall be appended to this Charter and be a part hereof. Subject (baseline) Reading TBD % TBD % TBD % TBD % TBD % TBD % Math TBD % TBD % TBD % TBD % TBD % TBD % For each year during the five (5) year Term of this Charter, the Charter School shall meet the performance targets set forth herein in Paragraph 6.h.; show improvement in its School Performance Profile score each year; achieve AYP (if calculated by the Pennsylvania Department of Education or its agents during the Term); meet the Pennsylvania Value Added Assessment System ( PVAAS ) growth measure in each grade; meet the Average Growth Index ( AGI ) growth measure; and meet the graduation, participation and attendance requirements, as applicable, established by the State, consistent with the Pennsylvania Department of Education s Accountability System approved by the United States Department of Education pursuant to NCLB. The Charter School acknowledges and agrees that failure to meet these requirements, in whole or in part, may constitute grounds for nonrenewal or revocation of this Charter. In making any decisions related to nonrenewal or revocation, the School District will consider the cumulative academic performance of the Charter School from the inception of its original Charter including, but not limited to, the types of information set forth in this subparagraph. g. School Climate. The Charter Board shall purchase and administer, at its sole cost and expense, either the Harris Poll School Pulse Survey or the Comprehensive School Climate Inventory created by the National School Climate Center to survey its school community s strengths and needs each year of the Term. The survey shall be administered by the Charter School to all students, staff and to at least 10% of parents/guardians annually in the second semester of each year of the Term. The complete report generated by the Survey company (and not a summary by the Charter School)) shall be provided by the Charter School to the School District within fourteen (14) days of its receipt each year. 7. School District Access: The Charter School shall provide ongoing reasonable access to the records and facilities of the Charter School to ensure that the Charter School is in compliance with this Charter and the Charter School Law, and the requirements for testing, civil rights and student health and safety are being met. The Charter School understands that the School District will conduct periodic site visits. Ongoing reasonable access to the Charter School s records means that the School District shall have access to records including, but not limited to, financial reports, financial audits, aggregate standardized test scores without student identifying information, teacher certification and personnel records. The School District reserves the right to conduct reasonable audits of the Charter School s books, records, facilities and operations. 8. Records Exchange: The Charter School shall designate one individual or position to be the recipient of all student records received from the School District. This provision shall not be interpreted by the District to require that only one person can make requests for records.

5 9. Indemnification: The Charter School shall be solely liable for any and all damages of any kind resulting from any legal challenge involving the operation of the Charter School. 24 P.S A. The School District shall not be held liable for any activity or operation related to the program of the Charter School. Id. As such, the Charter School agrees to indemnify and hold harmless the School District, the School Board and their respective directors, employees and representatives from and against any and all claims, liabilities, demands, costs, charges, liens, expenses, actions, lawsuits, administrative proceedings, investigations, audits, demands, assessments, adjustments, settlement payments, deficiencies, penalties, fines, interest, judgments and/or executions, known or unknown at the time of execution of this Charter, which arise out of, and which are proximately caused in whole or in part, by the Charter School s actions or omissions or the actions or omissions of its employees, officials or agents, the Charter School s failure to comply with applicable law or the Charter School s breach of any term or obligation set forth in this Charter, and not by any actions of the School District. The indemnification and hold harmless obligation shall survive any termination, expiration or revocation of this Charter. 10. Entire Agreement and Modification: This Charter supersedes all negotiations and all prior agreements, oral or written, between the Parties and their respective representatives and constitutes the entire agreement between the Parties with respect to the matters set forth herein. This Charter may not be amended, modified, supplemented or changed in any respect except by written agreement duly executed and signed by all Parties to this Charter. The recitals set forth in this Charter are hereby incorporated by reference. 11. Severability: The terms of this Charter are severable. In the event of the unenforceability or invalidity of any one of more of the terms, covenants, conditions or provisions of this Charter under federal, state or other applicable law, such unenforceability or invalidity shall not render any other term, covenant, condition or provision hereunder unenforceable or invalid. 12. Headings: The headings of the provisions and paragraphs contained herein are intended for convenience of reference only and in no way define, limit or describe the scope or intent of this Charter, nor in any way affect the interpretation of the Charter. 13. Counterparts: This Charter may be executed in counterparts, each of which shall be deemed an original and shall have full force and effect as an original, but all of which shall constitute one and the same instrument. 14. Official Action Required: The Charter Board shall take official action at a public board meeting to approve this Charter and the Statement Assurances prior to their execution by the officers of the Charter Board. 15. Notwithstanding any other provision herein, this Charter may be revoked or not renewed in accordance with 24 P.S A(a) and applicable law and any grounds for revocation and/or non renewal of the Charter, as referenced herein, shall be interpreted in accordance with 24 P.S A(a) of the Charter School Law. This provision, however, shall not be construed as limiting the grounds for revocation and/or non renewal that could be raised against the Charter School to those grounds set forth in the Conditions for Renewal above. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK SIGNATURE PAGE TO FOLLOW]

6 WHEREFORE, the undersigned set their hands on the dates indicated below. For the Board of School Directors of the School District of the City of York: Board President Date Board Secretary Date For the Board of Trustees of Lincoln Charter School: Board President Date Board Secretary Date

7 APPENDIX A 1. ORIGINAL CHARTER SCHOOL APPLICATION SUBMITTED ON OR AROUND NOVEMBER 15, THE RENEWAL REQUEST/APPLICATION SUBMITTED ON OR AROUND NOVEMBER 30, THE RENEWAL REQUEST/APPLICATION SUBMITTED IN THE FALL OF The Original Charter Application includes any and all documents that were permitted to be supplemented and/or included as part of the original charter application by the Charter Appeal Board (CAB) during the charter application appeal process that was litigated by and between the parties at the CAB and in the appellate courts over many years. Examples of such documents include the management agreement and the lease or leasing arrangements for the school building/property. 3 The 2004 Renewal Application includes any and all documents, if any, that were permitted to be supplemented and/or included as part of the charter renewal application/process by CAB during the appeal of that was litigated by the parties at the Charter Appeal Board (CAB) and in the appellate courts over many years

8 APPENDIX B THE RENEWAL APPLICATION SUBMITTED BY CHARTER SCHOOL ON OR ABOUT OCTOBER 31, 2014, AS WELL AS ALL ADDITIONAL INFORMATION AND DOCUMENTATION THAT WAS SUBMITTED AS PART OF THE RENEWAL REVIEW/PROCESS

9 APPENDIX C BOARD POLICY PERTAINING TO ESL AND ELL GUIDELINES SUBMITTED BY CHARTER SCHOOL TO SATIFY CONDITION 6a

10 APPENDIX D STATEMENT OF ASSURANCES By duly authorized signature below, Lincoln Charter School ( Charter School ) hereby agrees to the following terms and conditions in connection with its Charter and acknowledges and understands that any material deviation from any of these terms and conditions is cause for revocation or nonrenewal of its Charter during the Term of such Charter: 1) The Charter School shall comply with all applicable federal, state and local laws. 2) The Charter School shall be nonsectarian in all operations. 3) The Board of Trustees of the Charter School ( Charter Board ) shall be authorized to sign a written Charter with the School District of the City of York ( School District ). The Charter School shall submit to the School District the formal resolution adopted by the Charter Board. 4) The Charter School shall provide a minimum of one hundred eighty (180) days of instruction or nine hundred (900) hours per year of instruction at the elementary level, or nine hundred ninety (990) hours per year of instruction at the secondary level. 5) The Charter Board shall conduct all of its meetings in compliance with the Sunshine Act, 65 Pa. C.S Minutes of the Charter Board shall be taken and maintained in accordance with the Sunshine Act and shall also be posted publicly on the Charter School s website. 6) Prior to employing any individual or engaging any contractor and contractor s employees who shall have direct contact with students, the Charter School shall ensure that criminal history and child abuse/injury records are obtained and reviewed in compliance with of the Public School Code and 23 Pa. C.S.A. subchapter C2, regarding background checks. 7) The Charter School shall provide the School District with access to all of its records and facilities to ensure that the Charter School is in compliance with its written Charter, unless such access is prohibited by law. 8) The Charter School shall enroll students in accordance with all applicable laws and may not exclude students based on race, color, familial status, religious creed, ancestry, sex, national origin, handicap or disability. The Charter School shall not seek academic, standardized testing, disciplinary, health or physical examinations, attendance, special education or other records from any school district, parents, guardians or other sources prior to admitting the student. The Charter School s application for enrollment shall only request the following information: student s name and date of birth, proof of age, anticipated grade level, parent/guardian name(s), address and proof of residence, former school information, immunizations required by law, parent registration statement

11 required by 24 P.S A, and the home language survey required by the U.S. Department of Education. Enrollment of the student shall not be delayed in order to administer the home language survey. 9) The Charter Board shall adopt an admissions policy in accordance with the Charter School Law 24 P.S A, and this Statement of Assurances. In the event of a surplus of applicants, the Charter School shall conduct an admissions lottery in accordance with applicable law. The Charter School shall develop an equitable waiting list policy. 10) The Charter Board shall adopt detailed policies and procedures for suspension and expulsion that comply with the Public School Code, including the provision of due process to every student in accordance with 22 Pa. Code Ch ) If the Charter School determines to place any student into an alternative placement qualifying as alternative education for disruptive youth ( AEDY ), the Charter School shall comply with all applicable laws in the identification and placement of such students, including but not limited to, the Guidelines issued by the Pennsylvania Department of Education pertaining to AEDY. 12) The Charter School shall meet the legal, professional and ethical standards and applicable laws for maintaining school records and confidential student records, and for disseminating information. 13) The Charter School shall follow State child accounting procedures. In addition, the Charter School shall comply with truancy elimination policies, protocols and/or procedures developed by the Court of Common Pleas and/or the School District and with applicable laws regarding truancy. The Charter School shall adopt a truancy elimination program including provisions for truancy intervention plans for Charter School students with more than three (3) unexcused absences. The Charter School shall promptly report to the School District all unexcused absences of any duration greater than three (3) days, in the manner prescribed by the School District. The Charter School shall submit to the School District a report for any student after ten (10) consecutive days of unexcused absence in the manner prescribed by the School District, and any such student shall be terminated from enrollment at the Charter School after said ten (10) consecutive days of unexcused absences. 14) If the Charter School plans to offer food services, the Charter School shall follow all federal, state and local regulations for student participation. 15) The Charter Board shall adopt a plan for providing school health services that complies with Article XIV of the Public School Code and shall maintain student health and immunization records in compliance with applicable law. 16) The Charter School s insurance coverage plans, including general and excess liability, professional and educators liability, workers compensation and employers liability, property and director s and officer s liability coverage shall be in compliance with Section 1724 A of the Charter School Law. The Charter School shall offer a health benefits package that is the same as the local school district s package as required by Section A of the Charter School Law.

12 17) The Charter Board shall develop a purchasing procedure that addresses a competitive way to purchase goods and services and shall have appropriate board oversight of all spending in the Charter School s by laws. 18) The Charter School shall have a plan for regular financial reviews and audits in accordance with 24 P.S and A and other applicable law. 19) The Charter School shall submit annual reports to the Pennsylvania Department of Education and to the School District by August 1 st of every year or other date established by law. 20) The Charter Board shall ensure: (i) that all trustees, officers, and administrators of the Charter School comply with the Pennsylvania Public Official and Employee Ethics Act ( Ethics Act ) and the Pennsylvania Nonprofit Act ( Nonprofit Act ); (ii) that the Charter School complies with the Ethics Act and the Nonprofit Act when contracting or engaging with the immediate relatives of the Charter School s trustees, officers and administrators; and (iii) that all members of the Charter Board shall serve without pay. The Board of Trustees shall adopt a Conflicts of Interest po9licy that complies with the Ethics Act and the Nonprofit Act. The Charter Board shall submit a copy of such Conflicts of Interest Policy and any amendments thereto to the School District by November 1 st of each year of the Charter Term as evidence that the Charter School adheres to this requirement. 21) The Charter Board shall submit to the School District signed Statements of Financial Interest as required by the Public Official and Employee Ethics Act and the Charter School Law by June 1 st of each year during the Term of the Charter. 22) The Charter Board shall operate the Charter School as a Local Education Agency ( LEA ) with respect to NCLB, and shall perform all child find requirements set forth in 22 Pa. Code and the Individuals with Disabilities Education Act (IDEA ). 23) The Charter School, as a LEA, shall provide appropriate special education services in accordance with applicable law to all students enrolled in the Charter School, including the IDEA and 22 Pa. Code et seq. 24) The Charter School shall provide appropriate services, in accordance with applicable laws, for students who are English Language Learners ( ELLs ). 25) Upon the execution of any agreement, or amendment therein, for the management or operation of all or substantially all of the Charter School s functions, or all or substantially all of the Charter School s instructional, curricular and senior administrative functions, including without limitation, special education or behavioral support services (any such agreement, a Management Agreement ), the Charter Board shall submit a copy of the Management Agreement to the School District. However, any change to the material term of the Charter shall require the Charter School to seen an amendment to the Charter. 26) The Charter School shall ensure that all staff utilized in providing educational services at the Charter School have all necessary licenses, certifications and credentials required by this Charter and applicable laws, as amended, including without limitation the seventyfive percent (75%) certification requirement under the Charter School Law and the one hundred percent (100%) highly qualified teacher ( HQT ) requirement under the NCLB. Personnel of the Charter School who provide special education or related services to children with disabilities shall be appropriately certified.

13 27) To the extent that the Charter School must under the provisions of NCLB or other applicable law submit to any Commonwealth or federal agency an accountability plan (any such plan, an Accountability Plan ), then the Charter Board shall submit to the School District a true, correct and complete copy of the Accountability Plan within thirty (30) days of its submission to the agency requiring it. The Charter School is required to comply with NCLB and must submit to the School District any and all school improvement plans, corrective action plans and any other improvement plans. 28) The Charter School agrees to provide the School District with both preliminary and final PSSA and Keystone data files, PVAAS growth measure data and AGI growth measure data in the format provided by the State/DRC within two (2) weeks of the data s release. For the Board of Trustees of Lincoln Charter School: Board President Date Board Secretary