Charter School Contract

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. 4 th Avenue Boca Raton, Florida 33432 a non-profit organization [hereinafter referred to as the School ] History: on behalf of Somerset Academy Boca Application: CRC: Contract: 1

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 2

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 3. School Responsibilities............................ 33 3

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 4

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 G. Disaster Preparedness Plan.................................. 50 5

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 2. Deductibles/Retention.................................. 55 6

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 7

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 8

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 P. Headings.............................................. 67 9

APPENDICES APPENDIX A APPENDIX B APPENDIX C APPENDIX D APPROVED APPLICATION EDUCATIONAL PROGRAM AND CURRICULUM (Section 3 of Application) FIVE-YEAR BUDGET STUDENT CODE OF CONDUCT* APPENDIX E FDOE TECHNICAL ASSISTANCE PAPER 2009-03 APPENDIX F APPENDIX G APPENDIX H APPENDIX I APPENDIX J APPENDIX K APPENDIX L APPENDIX M APPENDIX N APPENDIX O APPENDIX P APPENDIX Q BUILDING CODE APPROVALS* CERTIFICATE OF OCCUPANCY/USE LOCAL JURISDICTIONAL CODE APPROVALS (zoning approvals consistent with type of use, fire, and health inspections) INSURANCE CERTIFICATES* BONDING CERTIFICATES* FINGERPRINT RECORDS AND BACKGROUND CHECKS* 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* STUDENT SCHOOL REPORT CARD* DESCRIPTION OF ESE SERVICES DISTRICT S BUS EVACUATION DRILL REPORT* SCHOOL S ACCOUNTING AND REPORTING POLICIES, PROCEDURES, AND PRACTICES* PERSONNEL POLICY* EVALUATION PROCESS/STUDENT SUCCESS SCHOOL S ELL PLAN (if different than the District s)* 10

APPENDIX R APPENDIX S SCHOOL S STUDENT PROGRESSION PLAN (if different than the District 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. 11

THIS PAGE LEFT BLANK INTENTIONALLY. 12

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 13

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 14

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, 15

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 16

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; 17

(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; 18

(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; 19

(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 20

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 21

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. 22

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 Schoolowned 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 23