CHARTER SCHOOL CONTRACT ON BEHALF OF

Transcription

1 CHARTER SCHOOL CONTRACT 2 3 BETWEEN 4 THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA 6 7 AND 8 9 LAMENSA ACADEMY THE NEW GENERATION SCHOOL, INC. Jl History: 19 Application: 21 CRC: 22 Contract: ON BEHALF OF LAMENSA ACADEMY NEW GENERATION SCHOOL (LANGS) Bp LaMensa Academy New Generation School- Contractual Agreement School Board meeting date

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3 THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA 2 LAMENSA ACADEMY NEW GENERATION SCHOL (LANGS) 3 CHARTER SCHOOL CONTRACT Table of Contents 6 SECTION 1: GENERAL PROVISIONS A) Approved Application B) Term ) Effective Date ) Tenn ) Start-Up Date/School Calendar ) Charter Modification ) Charter RenewaL C) Educational Program and Curriculum ) General D) Non-Renewal/Cancellation and Termination ) Reasons for TenninationINon-Renewal ) "Good Cause" ) Additional "Good Cause" for Non-Renewal/Tennination ) Non-RenewaI/90-day Tennination E) Immediate Termination ) Student Health, Safety or Welfare ) Sponsor Notification Responsibilities ) Appeal ) Operation of the School ) School Access and Documentation Responsibilities ) Removal of Funds or Property ) Disbursement offunds ) Employees of the School... F) Post-Termination ) School Responsibilities ) School Furniture, Fixtures, Equipment, and Funds ) School Debt ) Unencumbered Funds LeMensa Academy New Generation School Contractual Agreemellt School Board meeting date

4 G) School Election to Terminate or Non-renew SECTION 2: ACADEMIC ACCOUNTABILITy ~H A) Student Performance: Assessment and Evaluation ) Initial Year ) Annual ) Tennination Based on School Grade ) Textbook Inventory... 1 B) Student Promotion ) Student Progression Plan ) Graduation Requirements ) Accreditation ) Other Assessment Tools C) Data Access and Use... I!! 1) Access to Facilities, Records, and Data ) Sponsor Use of Required Assessment Data ) Acceptable Use Policy SECTION 3: STUDENTS...13l6 A) Eligible Students... 13l6 B) Grades Served... 13l6 C) Class Size... 13l6 D) Annual Projected Enrollment... 13l6 1) Student Enrollment ) Minimum Enrollment Requirements ) Deferred Opening and Student Enrollment ) Required Instructional Minutes... 17, ) Enrollment Capacity E) Admissions and Enrollment Plan ) Provision of School Information ) Enrollment Consent ) Record of Application and Enrollment ) Enrollment Lottery and Wait List Documentation ) Student Information F) Maintenance of Student Records ) Student Records ) Transfer of Student Cumulative Records LeMellsa Academy New Generation School - Contractual Agreement School Board meeting date

5 ) Transfer of Student Cumulative Records Upon School Termination ) Transmittal of Educational Records G) Exceptional Student Education ) Non-Discrimination ) Sponsor Responsibilities ) School Responsibilities ) Services Covered by the % Administrative Fee ) Due Process Hearing ) Reimbursement for Services H) Dismissal Policies and Procedures ) Involuntary Student Withdrawal ) Student Expulsion ) Voluntary Student Withdrawal I) Discipline ) Learning Environment ) Corporal Punishment ) Legal Costs J) English Language Learners... Error! Bookmark not defined.?3 SECTION 4: FINANCIAL ACCOUNTABILITY... 19Y A) Revenue... 19?3 1) Basis for Funding ) Federal Funding ) Charter School Capital Outlay Funds B) Administrative Fee ) Allowable Withholding ) Capital Outlay ) Sponsor Use of Adminstrative Fee... 4) Access to Optional Sponsor Services... ) Provision of School Lunches... C) Restriction on Charging Tuition... D) Allowable Student Fee... I) Use of Student Fees... 2) Fee Schedule... 3) Student Fee Documentation... E) Budget...;... LeMensa Academy New Gelleration School Colttractual Agreemellt School Board meeting date

6 1) Annual ) Arrlended Budget F) Financial Records, Reports and Monitoring ) Maintenance of Financial Records ) Financial and Program Cost Accounting and Reporting ) Financial Reports ) School's Fiscal Year ) Financial Recovery/Corrective Plan ) Submission Process ) Additional Monitoring G) Financial Management of Schools ) Financial Management and Oversight Respopsibilities ) Reading Plan Allocations ) Taxes and Bonds ) Additional Financial Requirements ) Utilization of the Sponsor ) Bank Transfer Information H) Description of Internal Audit Procedure SECTION : FACILITIES A) Prior Notification ) Deadline to Secure Facility ) Deadline to submit zoning approvals and Certificate of Occupancy ) Facility Inspections ) District Inspection of Facility B) Compliance with Building and ZoninglRequirements ) Florida Building Code ) Florida Fire Prevention Code ) Applicable Laws ) Capacity of Facility ) Leased Facilities ) Elnergencies C) Location ) School's Street Address ) Temporary Facility (if applicable) ) Relocation LeMensa Academy New Generation School Contractual Agreement School Board meeting date

7 140 4) Additional Campuses (if applicable) D) Prohibition to AffIX Religious Symbols SECTION 6: TRANSPORTATION A) Cooperation Between Sponsor and School B) Reasonable Distance C) Compliance with Safety Requirements D) Fees E) Private Transportation Agreeement F) Reimbursement for School Provided Transportation SECTION 7: INSURANCE AND INDEMNIFICATION A) Indemnification of Sponsor ) Indemnification for Professional Liability ) Notification ofthird Party Claim, Demand, or Other Action ) Indemnity Obligations B) Indemnification of School C) Sovereign Immunity D) Acceptable Insurers ) Acceptable Insurance Providers ) Insurance Provider Compliance ) Minimum Insurance Requirements E) Commercial and General Liability Insurance ) Liabilities Required ) Minimum Limits ) Deductible/Retention ) Occurrence/Claims ) Additional Insureds F) Automobile Liability Insurance ) Coverage ) Occurrence/Claims and Minimum Limits G) Workers' CompensationlEmployers' Liability Insurance ) Coverage ) Minimum Limits H) School Leader's Errors and Omissions Liability Insurance ) Form of Coverage ) Coverage Limits LeMensa Academy New Generation School Contractual Agreement School Board meeting date

8 17 3) Occurrence/Claims I) Property Insurance ) Structure Requirements ) Additional Requirements ) Business Personal Property Insurance J) Applicable to All Coverage ) Other Coverage ) DeductibleslRetention ) Liability and Remedies ) Subcontractors ) Default Upon Non-Compliance SECTION 8: GOVERNANCE...~ A) Public or Private Employer B) Governing Board Responsibilities ) Non-Profit Status ) Organizational Plan ) Organizational Composition ) School Operations ) Accountability ) School Policy and Decision Making ) School Employee Supervision ) Educational Excellence School Advisiory Council ) Continuity of School Governance ) School Fiscal Agent ) Eligible Members ofthe Governing Body ) Governing Board Compensation ) SchoollParent Contract ) Governing Board Reporting ) Governance Training ) Employment of Relatives C) Public Records D) Reasonable Access to Records by Sponsor E) Sunshine Law F) Reasonable Notice of Governing Board Meetings ) Notice of Governing Board Meetings LeMemla Academy New Gelteratioll School COlltractual Agreemellt School Board meeting date

9 2 2) Governing Board Meeting Requirements G) Identification of Governing Board Members ) Parent Membership ) Governing Board Member Eligibility and Clearance SECTION 9: EDUCATION SERVICE PROVIDER A) Education Service Provider I) School Use of ESP Services ) Submission of ESP Agreement... '" ) Amendments to ESP ContracL ) ESP Contract Amendments ) Change of ESP SECTION : HUMAN RESOURCES A) Hiring Practices ) Reporting Staffmg Changes ) Non-Discriminatory Employment Practices ) Teacher Certification and Highly Qualified ) Fingerprinting and Background Screening B) Employment Practices ) Statutory Prohibition and Required Disclosure re Hiring of Relatives ) SelfReporting of Arrests ) Standards of Behavior ) Code of Ethics ) Personnel Policy ) Collective Bargaining ) Immigration Status ) Employee Discipline ) Employee Evaluation C) Sponsor Training of School's Employees I) Participation and Cost for Training Activities SECTION 11: REQUIRED REPORTS/DOCUMENTS... 1# 240 SECTION 12: MISCELLANEOUS PROVISIONS... 1# 241 A) Impossibility B) Notice of Claim I) Time to Submit ) Notification of Cancellation... LeMensa Academy New Gelleration School - COlltractual Agreement School Board meeting date

10 24 3) RenewaVReplacement C) Drug-Free Workplace D) Entire Agreement E) No Assignment F) No Waiver... 6 G) Default H) Survival Including Post-Termination I) Severability J) Third Party Beneficiary K) Choice of Laws L) Notice M) Authority... ~ N) ConflictlDispute Resolution ) Contractual Conflicts ) School Stakeholder Conflicts ) Contractual Priority ) Citations P) Headings LeMensa Academy New Generation School - Contractual Agreement School Board meeting date

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12 THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA 2 CHARTER SCHOOL CONTRACT 3 4 SECTION 1: GENERAL PROVISIONS This Charter is entered into as of toe between The School Board of 6 Palm Beach County, Florida, ("Sponsor"), andlmvrensa.'a0ademy:the NEW 7 GENERA1'IONSCH~QL..JNC., a non-profit corporation organized under Chapter 617, Florida 8 Statutes, ("Corporation "), on behalf of the governing board of LAMENSA ACADEMY NEW 9 GENERATION SCHOOL (LANGS) ("Schoo!"). A) Approved Application: The application approved by the School Board on April 6, is attached as Appendix A. All attached appendices are incorporated and made a part of 12 this Contract. 13 B) Term 14 1) Effective Date: This Contract shall become effective upon approval by the 1 Sponsor. 16 2) Term: The term shall cover n'le.() years commencing on July 1, 11 and 17 ending June, 16, unless amended by the parties hereto or otherwise 18 terminated in accordance with the provisions of this Charter. 19 3) Start-Up Date/School Calendar For each school year, the initial start-up date of the Charter School shall be 21 consistent with the beginning of the Sponsor's public school calendar for each 22 school year, unless otherwise agreed by both parties in writing. The School shall 23 provide instruction for at least the number of days and the minimum number of 24 instructional minutes required by law for other public schools. 2 4) Deadline for Submission of Pre-Opening Checklist Items: In order to operate a 26 charter school, this Charter School shall have "Authorized Facilities," which 27 comply with the requirements of Section (18), F.S.. All documents 28 relevant to the Charter School's acquisition of a facility for the operation of the 29 Charter School, including but not limited to the Building Code Approvals, LaMensa Academy New Generation School - Contractual Agreement Page 1 of 7

13 Certificate of Occupancy, Local Jurisdictional Code Approvals (zoning approvals 2 consistent with type of use, fire and health inspections), Occupational License 3 (letter of exemption), and Lease Agreements, shall be attached hereto as Exhibit F 4 and incorporated herein by this reference no later than July 16 of the opening year, in accordance with the Sponsor's New School Opening School Checklist. 6 ) Charter Modification: This Charter may be modified during its term by mutual 7 agreement in writing executed by both parties. In evaluating proposed 8 modifications, the Sponsor will consider its need for conformity in the operation 9 of its Charter Schools. These modifications will be reviewed with the Charter School prior to enactment, and then agreed to in writing and executed by both 11 parties. In addition, this Charter shall be automatically modified to reflect any 12 and all legislative changes to any and all applicable federal, state, and local 13 regulations, statutes, ordinances, and laws. 14 6) Charter Renewal 1 a) Prior to renewal of this charter, the Sponsor shall perform a program 16 review to determine the level of success of the school's current academic 17 program, achievement of the goals and objectives required by state 18 accountability standards and successful accomplishment of the criteria 19 under Section 02.33(7)(a), F.S., the viability of the organization, compliance with the terms of the charter, and that none of the statutory 21 grounds for nonrenewal exist. 22 b) Any charter school seeking renewal shall be required to complete a charter 23 renewal application and the sponsor's renewal process. The application 24 shall include documentation for the items listed above. 2 c) Renewal terms shall be in accordance with Section (7)(b) and 26 (7){a)(12), Florida Statutes. Upon approval, the contract will be renewed 27 following the contract negotiation process. 28 C) Educational Program and Curriculum: The School shall implement the educational 29 program and curriculum as described in the approved application in Section 3: Educational Program Design. (Appendix I) 31 1) General LaMensa Academy New Generation School Page 2 of 7 Contractual Agreement

14 a) The School shall implement its educational and related programs as 2 specified in the School's approved application (Appendix A), including 3 the School's curriculum, the instructional methods, any distinctive 4 instructional techniques to be used, and the identification and acquisition of appropriate technologies needed to improve educational and 6 administrative performance, which include a means for promoting safe, 7 ethical, and appropriate uses of technology which comply with legal and 8 professional standards. The School shall ensure that reading is a primary 9 focus of the curriculum and that resources are provided to identify and lo provide specialized instruction for students who are reading below grade 11 level. Further, the curriculum and instructional strategies for reading shall 12 be consistent with applicable State and Federal Standards and grounded in 13 scientifically-based reading research. Updates, revisions, and/or changes 14 to the curriculum programs described in the application and as requested 1 by the Sponsor as a condition of the application's approval are 16 incorporated as part of the approved application included as Appendix A. 17 Any request to change the School's curriculum must be submitted to the 18 Sponsor in writing, comply with all applicable laws and be approved by 19 the Sponsor, which approval shall not be unreasonably withheld, delayed or conditioned before the changes are implemented D) Non-Renewal/Cancellation and Termination 23 Notices of non-compliance, termination, cancellation and default may be issued by the 24 Sponsor's Superintendent or the Superintendent's designee. 2 1) Reasons for Termination/Non-Renewal: The Sponsor may choose to terminate 26 the Contract during its term or not renew the Contract at the end of the current 27 term, for any ofthe following reasons: 28 a) failure to participate in the state's education accountability system created 29 in Fla. Stat , as required in this section, or failure to meet the requirements for student performance stated in the charter; 31 b) failure to meet generally accepted standards of fiscal management; LaMeJlsa Academy New Generation School Contractual Agreement Page 3 of 7

15 c) violation oflaw; 2 d) other good cause shown, including but not limited to, those defined in this 3 Contract; 4 e) failure to make sufficient progress in attaining the student achievement objectives of the charter and it is not likely that such objectives can be 6 achieved before expiration of the charter; 7 t) failure to correct any material deficiency(ies) of which the Sponsor has 8 notified the School, and/or 9 g) habitual and repeated failure by the Charter School to submit financial reports, School Improvement Plan, the Annual Report, and any other 11 District or State-required documentation by the stated deadline. 12 2) "Good Cause": "Good cause" for non-renewal or termination includes, but is not 13 limited to, the following: 14 a) failure to implement a reading curriculum that is consistent with effective 1 teaching strategies grounded in scientifically-based reading research, and 16 approved by the Florida Department of Education; 17 b) receiving a grade of"f" in any two consecutive years; 18 c) failure to make adequate academic progress under state and federal laws 19 or standards; d) failure to comply with the issues stated in the Educational and/or Financial 21 Action Plan or material findings based upon either the Mid-Year Review 22 and/or the End-of-Year Review or an audit performed by either the 23 Sponsor or an independent qualified CPA firm, provided such issues are 24 based on the requirements of Florida law; 2 e) failure to deliver the instructional programs or curricula identified in the 26 application; 27 t) the School files for bankruptcy, is adjudicated bankrupt or insolvent, or is 28 so financially impaired that the school cannot continue to operate and/or is 29 no longer economically viable; g) failure to have an annual audit that complies with the requirements 31 specified in this Contract. LaMensa Academy New Generation School- Contractual Agreement Page 4 of 7

16 h) failure to meet generally accepted accounting principles; 2 i) willfully or recklessly fails to manage public funds according to the law 3 j) failure to maintain insurance coverage as required by this Contract; 4 k) failure to provide the sponsor with access to records; J) violation of any court order; 6 4) Non-Renewal/90-day Termination 7 a) At least ninety (90) days prior to non-renewal or termination of the 8 Contract, the Sponsor shall notify the Chair of the School's governing 9 board in writing. The notice shall state in reasonable detail the grounds for non-renewal or termination and stipulate that the School's governing body 11 may, within 14 calendm: days after receiving the notice, request an 12 informal hearing before the Sponsor. The Sponsor shall conduct the 13 informal hearing within calendar days after receiving a timely written 14 request. 1 b) If a charter is not renewed or is terminated, the Sponsor shall, within 16 calendar days, articulate in writing the specific reasons for its nonrenewal 17 or termination and shall provide the letter and documentation supporting 18 the reasons for the non-renewal or termination to the charter school 19 governing body and the charter school principal. c) The School's governing board may, within thirty () calendar days after 21 receiving the Sponsor's final written decision of non-renewal or 22 termination, appeal the decision pursuant to Florida law. 23 E) Unless the School has already ceased operations, the Sponsor shall assume operation of 24 the School upon termination and shall continue operating the School until the School has 2 exhausted all appellate rights, or if no appeal is filed, until the time for filing an appeal 26 has expired. The Sponsor shall hold and conserve all School property and assets, 27 including cash and investments, in trust until the School has exhausted all appellate rights 28 to the State Board of Education. The Sponsor shall only disburse School funds in order 29 to pay the normal expenses of the School as they accrue in the ordinary course of business. Normal expenses shall include, but not be limited to, the payment of employee 31 salaries and benefits.lmmediate Termination LaMensa Academy New Generatioll Scltool- COlltractual Agreement Page of 7

17 1) Student Health, Safety, or Welfare: This Contract may also be terminated 2 immediately if the Sponsor determines that good cause has been shown or if the 3 health, safety, or welfare of the students is threatened. 4 2) Sponsor Notification Responsibilities: The Sponsor shall notify the School's governing board, the School principal and the State Board of Education or the 6 Florida Department of Education. The Sponsor shall clearly identify the specific 7 issues that resulted in the immediate termination and provide evidence of prior 8 notification of issues resulting in the immediate termination when appropriate. 9 3) Appeal: The School's governing body may, within calendar days after 1 2 receiving the Sponsor's decision not to renew or to terminate the Contract, appeal 11 the decision pursuant to the procedure in Fla. Stat ) Operation of the School: The Sponsor shall immediately assume the operation of 13 the School and continue to operate the School in accordance with Section 4( d) 14 above. ) School Access and Documentation Responsibilities: The School shall 16 immediately give to the Sponsor all keys to the School's facilities, all security 17 system access codes and access codes for all computers in the School's facilities, 18 all student, educational and administrative records of the School, access to the 19 school's bank accounts and public funds, storage facilities, all records, information, receipts and documentation for all expenditures of public funds, 21 including but not limited to federal grants such as Title I and charter school 22 grants, and all public property. Any violation of this provision shall relieve the 23 Sponsor of its duty to operate the school. 24 6) Removal of Funds or Property: The school shall not remove any funds or property purchased with either public or private funds until the Sponsor has a 26 reasonable opportunity to determine whether the funds are public or private and 27 whether the property was purchased with public or private funds. Under no 28 circumstances shall the school remove any property or funds prior to the 29 Sponsor's decision to immediately terminate. Any violation of this provision shall relieve the Sponsor of its duty to operate the school. 31 7) Disbursement of Funds: The Sponsor shall only disburse charter school funds in LaMensa Academy New GeneratiOlI School- Contractual Agreement Page 6 of 7

18 order to pay the nonnal expenses of the school as they accrue in the ordinary 2 course of school business. The Sponsor is not required to use its own funding 3 resources to operate the school. 4 8) 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 6 School but will not be considered Sponsor employees. The Sponsor reserves the 7 right to take any appropriate personnel action regarding the School's employees. 8 F) Post-Termination 9 1) School Responsibilities: In the event the School has exhausted all of its appellate rights and has been unsuccessful, the School shall be dissolved under the 11 provisions of law under which the School was organized. Student records and 12 copies of all administrative, operational, and financial records of the School shall 13 be provided to the Sponsor on the date the tenninationlnon-renewal takes effect. 14 2) School Furniture, Fixtures, Equipment, and Funds: Any property, 1 16 improvements, furnishings, and equipment purchased with public funds shall automatically revert to the Sponsor (subject to any lawful liens and 17 encumbrances). If the School's accounting records fail to clearly establish 18 whether a particular asset was purchased with public funds or non-public funds, 19 then it shall be presumed public funds were used and ownership of the asset shall 21 automatically revert to the Sponsor. Property and assets purchased with public funds shall be defined as those goods purchased with grants and funds provided 22 by a governmental entity. Funds provided by the School and used by a 23 management company to purchase property and assets for the School are 24 considered public funds ) School Debt: The School shall be responsible for all the debts of the School. The Sponsor may not assume the debt from any contracted services made between the 27 governing body of the School, the Management Company, and/or third parties. 28 4) Unencumbered Funds: Upon the Sponsor's request, unencumbered public funds 29 from the School, any improvements, furnishings, and equipment purchased with public funds, or financial or other records pertaining to the School, in the 31 possession of any person, entity, or holding company other than the School, shall LaMensa Academy New Generation School- Contractual Agreement Page 7 of 7

19 be held in trust until any appeal status is resolved. 2 G) School Election to Terminate or Non-renew: If the School elects to tenninate or non 3 renew the charter, it shall provide notice of the election to the Sponsor indicating the 4 final date of operation. All post-tennination provisions apply. 6 SECTION 2: ACADEMIC ACCOUNTABILITY 7 A) Student Performance: Assessment and Evaluation strengths and needs of students and the educational goals and perfonnance 17 standards are those specified in the School's approved application c) Assessments i) State-Required: Students shall participate in all state assessment 21 programs. The School shall facilitate required alternate 22 assessments and comply with state reporting procedures. 23 ii) Additional: Students shall participate in all District assessment 24 programs in which the District's students in comparable 2 9 1) Initial Year a) Expected Outcomes: The educational goals and objectives for improving 11 student achievement, including how much academic improvement students 12 are expected to show each year, how student progress and performance will 13 be evaluated and the specific results to be attained, as described in Section 14 a of application: Student Performance, Assessment and Evaluation b) Methods of Measurement: The methods used to identify the educational grades/schools participate and any other assessments as described 26 in Section of the application: Student Performance, Assessment 27 and Evaluation. 28 iii) Support: All School personnel involved with any aspect of the 29 testing process must have knowledge of and abide by state and Sponsor policies, procedures, and standards regarding test 31 administration, test security, test audits, and reporting of test 32 results. The Sponsor shall provide to applicable school staff all LaMensa Academy New Ge1Ieratioll School - Contractual Agreement Page 8 of 7

20 services/support activities that are routinely provided to the 2 Sponsor's staff regarding implementation of District and state 3 required assessment activities, e.g., procedures for test 4 administration, staff training, dissemination and collection of materials, monitoring, scoring, analysis, and summary reporting. 6 iv) The School shall provide adequate technological infrastructure to 7 support all required online test administration. 8 2) Annual 9 a) School Improvement Plan i) Minimum Components of SIP 11 1) The School will provide the Sponsor a School Improvement 12 Plan (SIP) that is based on the goals and objectives in the 13 application (Appendix A) and complies with the guidelines 14 provided by the Sponsor by the date due established by the 1 2 iii) 31 State and/or Sponsor. The School Improvement Plan shall 16 contain the School's measurable objectives for the subsequent 17 school year. 18 2) The School agrees to the baseline standard of achievement, 19 the outcomes to be achieved, and the methods of measurement that have been mutually agreed upon in the School 21 Improvement Plan. 22 ii) Deadline for Governing Board Approval: The governing board 23 of the School shall review and approve the SIP prior to its 24 submission. Minutes documenting SIP approval must be taken. Monitoring: The School's governing board shall develop and 26 monitor the implementation of the School Improvement Plan. 27 Schools which fall under the State of Florida Differentiated 28 Accountability Plan will comply with all requirements as they 29 relate to the School Improvement Plan. b) Assessments: Students shall participate in assessment programs as described in Section e of application: Student Performance, Assessment LaMensa Academy New Gelleration School- Contractual Agreement Page 9 of 7

21 and Evaluation. 2 i) State-required: Students at the School shall participate in all state 3 assessment programs. The School shall facilitate required alternate 4 assessments and comply with state reporting procedures. ii) Additional: Students shall participate in all District assessment 6 programs in which the District's students in comparable 7 grades/schools participate and any other assessments as described 8 in Section e of the application: Student Performance, Assessment 9 and Evaluation. 1) Sponsor shall pay all costs relating to any state-required or 11 Sponsor-required student assessments in accordance with 12 Section (), Florida Statutes. The School shall be 13 responsible for all costs associated with assessments not 14 mandated by the state or Sponsor. 1 2) If an IEP for a student with disabilities or an EP for a 16 student who participates in programs for the gifted, 17 indicates accommodations or an alternate assessment for 18 participation in a State assessment, the School will 19 facilitate the accommodations or alternate assessment and comply with State reporting procedures. 21 iii) Support: All School personnel involved with any aspect of the 22 testing process must have knowledge of and abide by state and 23 Sponsor policies, procedures, and standards regarding test 24 administration, test security, test audits, and reporting of test 2 results. The Sponsor shall provide to applicable school staff all 26 services/support activities that are routinely provided to the 27 Sponsor's staff regarding implementation of District and state 28 required assessment activities, e.g., procedures for test 29 administration, staff training, dissemination and collection of materials, monitoring, scoring, analysis, and summary reporting. 31 3) Termination Based on School Grade: The Contract may be terminated if the LaMensa Academy New Generation School- Contractual Agreement Page of 7

22 School receives a state-designated grade of"f" in any two consecutive years. The 2 Contract may be non-renewed or terminated if the School fails to make adequate 3 academic progress in accordance with state and federal laws. In addition to 4 evaluating the School's success in achieving the objectives stated in the School Improvement Plan, the School shall meet the state's student performance 6 requirements as delineated in State Board of Education Rule 6A , 7 Implementation of Florida's System of School Improvement and Accountability, 8 based on Fla. Stat , 08.33, and This accountability 9 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 11 provide the information required by the Sponsor. 12 4) Textbook Inventory: The School will maintain, and have available for review, a 13 textbook or digital textbook inventory for core courses which shall include title, 14 date of adoption cycle, and number oftexts available and in use. 1 B) Student Promotion 16 1) Student Progression Plan 17 The School will follow the Sponsor's Pupil Progression Plan for students in 18 grades k-. The plans outline the proficiency levels required for progression from 19 one grade level to the next and are established to ensure that each student gains a year's worth of academic progress in each given school year. If adequate yearly 21 progress is unmet, the Pupil Progression Plan outlines remedial program 22 requirements. It will be the School's responsibility to provide students with 23 effective instruction and intervention programs that monitor progress, promote 24 continuous achievement and make provisions for each student's individual needs ) Graduation Requirements 27 The Charter Schools serving high school students shall assure compliance 28 with the method for determining graduation requirements pursuant to 29 Section 08.2, F.S., and that students meet all graduation requirements as defined in Section 03.43, F.S. 31 The Charter School shall follow the Sponsor's report card distribution LaMellsa Academy New Gelleratioll School- Contractual Agreement Page 11 ors7

23 calendar. A copy ofthe report card, attached as Exhibit N. 2 The Charter Schools serving high school students will award diplomas, 3 Certificates of Completion, special diplomas for ESE students when 4 indicated on a student's IEP, and State offlorida Certificates for General Education Development (GED) in conjunction with the Sponsor's GED 6 program, or a combination thereof. 7 Graduation and promotion requirements are contained in the Sponsor's 8 Student Progression Plan, as attached hereto in Exhibit B. Graduation 9 requirements apply to high schools only. 11 3) Accreditation 12 Secondary schools shall notify parents and students of the School's accreditation 13 status and the implication on non-accreditation in the application, the 14 parent/student handbook, and the student contract. 1 4) Other Assessment Tools 16 As stated in approved Application. 17 C) Data Access and Use 18 1) Access to Facilities, Records, and Data: The School shall allow the Sponsor 19 reasonable access to its facilities and records to review data sources, including collection and recording procedures, in order to assist the Sponsor in making a 21 valid determination about the degree to which student performance requirements 22 have been met as stated in the Contract, and required by Fla. Stat and ) Sponsor Use of Required Assessment Data: The Sponsor will use results from 2 the state and district required assessment programs referenced in this Charter, the 26 data elements included in the annual report, and any other information acquired 27 by the Sponsor to provide the State Board of Education and the Commissioner of 28 Education the analysis and comparison of the schools' student performance. 29 3) Acceptable Use Policy: When using the Sponsor's student information systems, all Charter School employees and students are bound by all of the Sponsor's 31 computer policies and standards regarding data privacy and system security. LaMensa Academy New Generatioll School- Contractual Agreement Page 12 of 7

24 SECTION3: STUDENTS 2 A) Eligible Students: The School shall be open to any eligible student residing in Palm 3 Beach County and to students in other districts with which inter-district agreements exist. 4 B) Grades Served: Kindergarten through th. 6 7 School Year Grade Levels Total Student Enrollment 8 9 First Year 12 Kindergarten Third Grade up to 299 Second Year 13 Kindergarten Third Grade up to Third Year 14 Kindergarten ---- Fourth Grade up to Fourth Year 1 Kindergarten ---- Fifth Grade upto Fifth Year 16 Kindergarten ---- Fifth Grade up to C) Class Size: The school shall comply with class size restrictions in accordance with 17 Section (16)(b )(3), Florida Statutes D) Annual Projected Enrollment: 1) Student Enrollment: Following is the student enrollment breakdown by year: ) Deferred Opening and Student Enrollment: In the event the School defers 23 opening, the student enrollment breakdown in paragraph 1 above will be adjusted to 24 reflect the cancellation of the first year and Year will reflect the maximum capacity 2 permitted. 26 3) Required Instructional Minutes: Instructional minutes shall be a minimum of 0 27 minutes or in accordance with Florida Education Finance Program. 28 4) Enrollment Capacity: The enrollment capacity is contingent on the student capacity 29 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 31 jurisdiction the facility is located E) Admissions and Enrollment Plan 34 The Charter School will serve students residing within the Palm Beach County School 3 District as well as students covered under an inter-district agreement. Any student (school 36 family) that submits a timely and complete application for enrollment in grades kindergarten LaMellsa Academy New GeneratuJII School- Contractual Agreement Page 13 of 7

25 through 3 rd for the first year, adding one grade per year up to grade. will be eligible to 2 enroll The school will have an open admissions policy (first come, first served basis) and all 3 applicants will have an equal chance ofbeing admitted Enrollment Procedures 7 The Charter School is subject to compliance with the entry, health examinations, 8 and immunizations section of Section 03.22, F.S. 9 The Charter School may not target a student population other than the one approved by the Sponsor. 12 Students with disabilities who are enrolled in the Charter School shall be provided 13 programs that fully comply with all the requirements of IDEA and any other 14 applicable Federal or State law. School shall, at its own cost and expense and not that of the Sponsor, ensure that all due process requirements are complied with, 16 shall ensure that there are legally compliant educational assessments of the needs 17 of the students and shall remain liable for full and complete adherence to all such 18 requirements. The School must fund all educational and related services provided 19 to students pursuant to the IEP and will earn funding in accordance with Section 02.33, F.S. and/or others. Initial evaluations are the responsibility of the 21 Sponsor. Psychological and other appropriate re-evaluations are the responsibility 22 of the Charter SchooL The Charter School will utilize all ofthe Sponsor's forms 23 and procedures related to pre-referral activities, referral, evaluation, and re 24 evaluation for ESE eligibility, IEP development, and placement. The Charter School will schedule and conduct IEP meeting pursuant to 34 CFR for each eligible ESE student enrolled in the Charter SchooL The 27 Charter School shall ensure that appropriate personnel are in attendance at IEP 28 meetings. The Charter School shall provide ESE services as documented on the IEP. In the 31 case of a parent choosing a Charter School that cannot implement the student's 32 IEP as presented, an IEP meeting must be convened before the student is enrolled LaMellsa Academy New Generatioll School - COlltractual Agreemellt Page 14 of 7

26 III the Charter School. The IEP committee must review/revise the IEP and 2 determine the student's educational needs. The committee must clearly determine 3 how the student's needs will be met at the Charter School. 4» If it is determined by the IEP committee that the student has needs certified teachers to provide ESE services. The Sponsor must be 17 notified immediately by the Charter School in the event that the 18 certified ESE teacher is no longer employed or providing services 19 to ESE students as required in their IEPs. 21» A certified ESE teacher must maintain written documentation of 22 consultative services for any student whose IEP indicates 23 consultative services. 24 2» Conference notes that are signed and dated shall be made and filed 26 for all ESE meetings. Copies of all notes shall be distributed to all 27 necessary parties, including but not limited to applicable District 28 personnel. 29 that cannot be met at the Charter School, the IEP committee will 6 focus on the appropriate placement for the student. 7 8» The District staff shall have access to view, review, copy, retrieve, 9 request, and/or recover the ESE files at the Charter School with reasonable notice for purposes of oversight and monitoring. 12» The Charter School must provide related services documented on 13 IEPs, i.e. speech/language services through a contract process. 31 Appendix I.» The Charter School must hire an appropriate number of ESE» A description of how ESE services will be delivered is attached in LaMensa Academy New Generation School Page 1 of 1 Contractual Agreement

27 2 3 ~ Parents of students with disabilities shall be afforded notice of 4 procedural safeguards in their native language, as provided by the existing curriculum must be reflected either on the Individual 17 Educational Plan developed and implemented by the Charter 18 School or on the Sponsor's Section 04/ADA form. This process 19 shall be in compliance with state and federal laws. Any educational modifications provided to a student pursuant to the ADA plan must be funded by the Charter School ~ Students, including students with disabilities, enrolled at the 24 Charter School who are limited English proficient will be served 2 Florida Department of Education. 7 ~ Charter Schools will adhere to the Sponsor's guidelines for 8 transferring and transitioning Exceptional Student Education (ESE) 9 students to Charter Schools from District schools or from the District's schools to Charter. 12 ~ Section 04 of the Rehabilitation Act of 1973 and the Americans 13 with Disabilities Act (Section 04/ADA) eligibility must be 14 determined for any student with a documented physical or mental impairment. If a student is eligible, 041ADA modifications to the by ESOL-endorsed personnel. The Charter School will follow the 26 Sponsor's Plan for limited English proficient students ~ An individual English Language Learners (ELL) Plan must be 29 developed for every student identified as limited English proficient. With the exception of an IEP, an ELL Plan shall 31 supercede any other educational plan developed by the Charter LaMensa Academy New Gelleration School Contractual Agreemellt Page 16 of 7

28 School. Development of the ELL Plan must be a joint effort 2 between the Sponsor and the Charter School. This process shall be 3 in compliance with District, State, and Federal guidelines. All 4 educational services provided to a student pursuant to an ELL Plan must be funded by the Charter School. 6 7 )i> Unless otherwise exempted by Section 02.33, F.S., the Charter 8 School will complete federal and state reports in accordance with 9 the timelines and specifications of the Sponsor and the Florida Department of Education. The Sponsor shall use its best efforts to 11 put the Charter School on reasonable notice for reports due )i> Enrollment is subject to compliance with the provisions of Section , F.S., regarding school-entry health examinations and 1 immunizations against communicable diseases, school attendance 16 requirements, and exemptions. 17 F) Maintenance of Student Records 18 1) Student Records: The School shall maintain both active and archival records for 19 current/former students in accordance with Fla. Stat and and State Board of Education Rule 6A ) Transfer of Student Cumulative Records: All permanent cumulative records 22 (both Category A, Permanent Information, and Category B, Temporary 23 Information) of students leaving the School, whether by transfer to a traditional 24 public school within the school system or withdrawal to attend another charter 2 school, shall be transferred upon receipt of an official request from a receiving 26 Palm Beach County public school or a Sponsor's charter school. The School may 27 retain copies of the departing student's academic records created during the 28 student's attendance at the School. 29 3) Transfer of Student Cumulative Records Upon School Termination: Upon termination of a student's enrollment at the School, all permanent cumulative 31 records (both Category A, Permanent Information, and Category B, Temporary LaMensa Academy New Generation School - Contractual Agreement Page 17 of 7

29 Information) of students leaving the School, but not transferring to a Sponsor's 2 public school or charter school, shall be delivered to the Sponsor within five () 3 business days. The School may retain copies of the departing student's academic 4 grades and attendance during the student's enrollment at the SchooL G) Exceptional Student Education 6 1) Non-Discrimination: The School shall not discriminate against students with 7 disabilities in placement, assessment, identification, and admission. The School 8 shall not request, through the School's application or otherwise, a student's IEP or 9 other information regarding a student's special needs, nor shall the school access 1 such information prior to the student's enrollment in the SchooL 11 2) Sponsor Responsibilities 12 3) School Responsibilities The School will adhere to and implement an Exceptional 13 Student Education (ESE) program in conformance with all federal, state and local 14 laws, regulations, guidelines and directives, including but not limited to, Individuals with Disabilities Ace (IDEA). The administration will use the 16 Sponsor's "Special Programs and Procedures for Exceptional Students (SP &P) 17 document for its ESE programs. 18 4) Services Covered by the % Administrative Fee: The Sponsor shall provide 19 exceptional student education administration services to the School, pursuant to s F.S. 21 ) Due Process Hearing H) Dismissal Policies and Procedures Parents/Guardians may withdraw a student from the Charter School at any time. 2 The student will be assigned to hislher area school in accordance with hislher Study 26 Area Code (SAC). The Charter School may withdraw a student involuntarily for 27 failure to maintain eligibility standards or for violation ofthe Student Conduct Code The Charter School may refer students to a District-funded alternative education program utilizing the Sponsor's procedures. 31 LaMensa Academy New Generation School- Contractual Agreement Page 18 of 7

30 3. The School shall implement the School's Code of Conduct, the School's policies 2 for discipline, suspension, dismissal and recommendation for expulsion as 3 described in Section 8b ofapplication and in Appendix Q SECTION 4: FINANCIAL ACCOUNTABILITY 8 A) Revenue 9 1) Basis for funding Students in the school shall be funded the same as students enrolled in other 11 -public schools. The Sponsor agrees to fund the Charter School in accordance with 12 Section 02.33, F.S., as it may from time to time be amended. Funding shall be 13 the sum of district operating funds from the Florida Education Finance Program 14 (FEFP) as provided in Section 11.62, F.S. and the General Appropriations Act, 1 16 including gross state and local funds, discretionary lottery funds, and discretionary operating millage funds divided by total district funded weighted 17 full-time equivalent (WFTE) students times the weighted full-time equivalent 18 students of the School. If eligible, the School shall also receive its proportionate 19 share of categorical program funds included in the FEFP. Upon request, the 21 School shall provide the Sponsor with documentation that categorical funds received by the School were expended for purposes for which the categoricals 22 were established by the Legislature. Total funding for the Charter School shall be 23 recalculated during the year to reflect revised calculations under the FEFP by the 24 State and the actual weighted full-time equivalent students reported by the Charter 2 School during the full-time equivalent student survey periods designated by the 26 Commissioner of Education. 27 a) Student reporting 28 i) The Charter School shall report its student enrollment to the 29 Sponsor in accordance with Section 11.60, F.S. and policies and procedures. The School shall use the Sponsor's electronic data 31 processing facility and procedures for the processing of student LaMensa Academy New Generation School- Contractual Agreement Page 19 of 7