Forsyth Preparatory Academy

Transcription

1 Forsyth Preparatory Academy Community Support In an effort to inform prospective parents and the community about Forsyth Preparatory Academy, the start-up team created a website to describe the school, academic program, and opening date. Additionally, visitors to the site were asked to participate in a survey about the school, or submit questions and feedback on the website. The community s response to the school has been overwhelmingly positive. An overview of the community response is provided below and results from the survey are also provided. 100% of the responses regarding the school concept were positive 100% of the respondents with children would enroll their children at the school 100% of the respondents would tell a friend about this school Sample feedback from the website I need a school like this for my son. Do you offer bi-lingual education? - Hector G., Winston-Salem Do you have art and music? I need another choice for my son, his current school does not have enough extracurricular activities. Sandy S., Winston-Salem How do I sign up for this school? Is there a wait list? Diedre L., Winston-Salem When do you expect to start sign ups? Can I enroll my son now for next year? Chris H., Kernersville Hi my kids are age 10 and 12, 5th grade and seventh grade this year and are being homeschooled. We have attended millennium charter Academy in mount airy for four years. We are looking for a new school and would like to apply. Could you please send me some information on the process of applying. Kim A. Pinnacle

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3 Winston-Salem, North Carolina K-8 Market Analysis The following report will summarize the potential to add a Kindergarten through 8 th grade public charter school in Winston-Salem, North Carolina. Major factors that will be assessed in this report will be total population, school age population, household size, household income, free and reduced lunch qualification, charter competition and performance, and public school performance. All indicators were factored using a 5 mile radius from the city center of Winston-Salem, North Carolina. Based on historical enrollment data most students who are enrolled in a local charter will reside within a 3 to 5 mile radius of the school. Population Density A total of 136,029 people reside within a 5 mile radius of downtown Winston-Salem, North Carolina. There are a total of 30,262 family groups, of which approximately 70% have children. About 24% of the population surrounding Winston-Salem, North Carolina is below the age of 18 years old. Children between the ages of 0-5 make up 7.76% of the population surrounding Winston-Salem, North Carolina. As of 2012, an estimated 136,029 people reside within a 5 mile radius of Winston-Salem, North Carolina. The composition of the 30,262 families who reside in the study area is shown in the table below Family Composition Number of Families Percent of Families Report Area Families 30, Married with Children 6, % Single with Children 8, % Single Female with Children 6, % Other Families 8, %

4 Number of Total Students The population of school age children is higher within 5 miles of downtown Winston-Salem, North Carolina. The darker areas below denote 3,695 students residing within that specific block group. Age Distribution Within 5 miles of downtown Winston-Salem, North Carolina, % are under the age of 18, and 7.76% are under 5 years old. Age Number of People in Age Group Percent of People in Age Group Percent of People in Age Group (North Carolina) Under 5 10, % 6.57% Under 18 33, % 23.84% Working Age (18-64) 85,693 63% 63.09% Aging (65+) 17, % 13.08%

5 The map below shows the percentage of people between the ages of 5-9. Higher populations of 5 through 9 year olds live near Winston-Salem, North Carolina and in the area south of downtown. The map below shows the percentage of people between the ages of 10 through 14. A higher percentage of year old students reside in the areas south and east of downtown Winston-Salem.

6 Income Levels Based on historical data parents who reside in lower income areas, particularly those students who qualify for free and reduced lunch, are more likely to engage in school choice. About 37% of households within a 5 mile radius of Winston-Salem, North Carolina reported total annual income of less than $25,000. The median household income for the area surrounding Winston-Salem, North Carolina ranged from $9,975 to $131,397, compared to a state median of $46,450, as estimated for by the Census' American Community Survey. The number of households divided by income categories is shown in the Annual Income Category table. In 2012, 66.11% of households in the area had an annual income of less than $50,000, compared to 51.53% of people in the state Annual Income Category Number of Households Percent of Households Report Area Less than $25,000 19, % $25,000 - $34,999 7, % $35,000 - $49,999 8, % $50,000 - $74,999 7, % $75,000 - $99,999 3, % $100,000 - $124,999 2, % $125,000 - $149,999 1, % $150,000 or more 2, %

7 The map below shows the per capita income in a 5 mile radius of Winston-Salem, North Carolina. The areas due south and east of downtown Winston-Salem generally have incomes below $17,343. All block groups within the 5 mile radius surrounding Winston-Salem, North Carolina report incomes of $35,509 or less. The map below shows the percentage of students that qualify for free and reduced lunch. 50 % or more students qualify for free and reduced lunch in the areas surroundi ng downtow n Winston- Salem, North Carolina.

8 Charter and Public Competition Currently, only three charter schools serving students in grades K-8 are located in Winston-Salem, North Carolina. These three charters have a combined enrollment of about 1400 students. Only one local charter (The Arts Based School) is high performing. Most students in Winston-Salem, North Carolina reside at least 1.5 to 5 miles from a high preforming school. The area surrounding the city center of Winston-Salem, North Carolina has sufficient population to add additional charter schools when compared to similar sized cities. The map below shows the location of public schools in the area and three local charter schools.

9 The map below shows the distance to the nearest high preforming public, elementry, middle, or primary school. Most students within 5 miles of Winston-Salem, North Carolina reside at least 1.5 and 4.9 miles from a high preforming public or public charter school.

10 The map below shows the percentage of 3 rd graders who passed the reading achievement in Winston-Salem, North Carolina and the surrounding communities. The 3 rd grade reading achievement percentage in almost all the areas surrounding Winston-Salem, North Carolina is less than 59%. It should be noted that reading achievement maps in other grade levels mirror these same trends. The map below shows the percentage of 3 rd graders who passed the math achievement test in Winston- Salem, North Carolina and the surrounding communities. The 3 rd grade math achievement percentage in all the areas surrounding Winston-Salem, North Carolina is less than 61%. It should be noted that math achievement maps in other grade levels mirror these same trends.

11 Attachment A This Attachment is Not Applicable

12 Table of Contents Scope and Sequence Matrix Counting and Cardinality... 2 Number and Operations in Base Ten Number and Operations Fractions Ratios and Proportional Relationships The Number System Operations and Algebraic Thinking Expressions and Equations Measurement and Data Geometry Statistics and Probability Scope and Sequence Grades K 6 1

13 Counting and Cardinality Investigate and Analyze Apply and Extend K Counting and Cardinality (CC) Compare numbers Count by ones Count by tens Count objects Count sets of objects Find how many in all Use one-to-one correspondence to count Write numbers Number and Operations in Base Ten Investigate and Analyze Apply and Extend K Number and Operations in Base Ten (NBT) Addition Add decimals Add whole numbers Addition strategies Estimate decimal sums Estimation in 3-digit addition 2 Scope and Sequence Grades K 6 Properties of addition Real-word problems Counting Sequence Count backward Count forward Model whole numbers Read whole numbers Skip count Write whole numbers Division Divide decimals Divide whole numbers Division strategies Remainders

14 Number and Operations in Base Ten Continued Investigate and Analyze Apply and Extend Multiplication Area and array models Equations Multiples of ten Multiplication strategies Multiply decimals Multiply whole numbers Properties of multiplication Place Value of Decimals Compare and order decimals Decimal notation Read decimals Round decimals Write decimals in different forms Place Value of Whole Numbers K Compare whole numbers Decompose into tens and ones Expanded form Exponents Make a ten Model whole numbers Order whole numbers Place-value models Powers of ten Subtraction Estimate decimal differences Estimation in 3-digit subtraction Real-world problems Subtract decimals Subtract whole numbers Subtraction strategies Scope and Sequence Grades K 6 3

15 Number and Operations Fractions Investigate and Analyze Apply and Extend K Number and Operations Fractions (NF) Addition with Fractions Add fractions Add mixed numbers Benchmark fractions Rename fractions and mixed numbers to add Visual fraction models Word problems Decimal Fractions Compare decimal fractions Decimal notation Equivalent fractions and decimals Money and decimals Place value of decimals Write decimals Division with Fractions Divide unit fractions Fractions as division Interpret division with fractions Real-world problems Visual fraction models Fraction Equivalence Common denominators Compare and order fractions Equivalent fractions Simplest form On the number line Use regions Multiplication with Fractions Distributive Property Find area of a rectangle with fractional measurements Multiples of unit fractions Multiply fractions Multiply mixed numbers 4 Scope and Sequence Grades K 6

16 Number and Operations Fractions Continued Investigate and Analyze Apply and Extend K Scale and multiplication of fractions Visual fraction models Word problems Read and Write Fractions Fractions Whole numbers as fractions Subtraction of Fractions Estimate differences Subtract fractions Subtract mixed numbers Subtraction with renaming Visual fraction models Word problems Understand Fractions Part of a group Part of a partitioned whole On the number line Unit fractions Whole numbers and fractions Ratios and Proportional Relationships Investigate and Analyze Apply and Extend K Ratios and Proportional Relationships (RP) Concept of Ratio Fractions and ratio Model ratios Notation for ratio Rate language Write ratios Rate and Ratio Reasoning Convert measurements Distance, rate, time formula Scope and Sequence Grades K 6 5

17 Ratios and Proportional Relationships Continued Investigate and Analyze Apply and Extend K Equivalent ratios Percent Real-world problems Unit rate The Number System Investigate and Analyze Apply and Extend K The Number System (NS) Addition and Subtraction of Decimals Add decimals Subtract decimals Common Factors and Multiples Greatest common factor Least common multiple Prime factorization Division with Fractions Divide fractions Divide mixed numbers Reciprocal and inverse operations Visual fraction models Division with Whole Numbers and Decimals Divide decimals Divide whole numbers Multiplication Multiply decimals Rational Numbers Absolute value Compare and order rational numbers Find distance Graph on the coordinate plane Negative and positive numbers Opposites 6 Scope and Sequence Grades K 6

18 The Number System Continued Investigate and Analyze Apply and Extend K Plot on the number line Real-world problems Reflection on the axes Operations and Algebraic Thinking Investigate and Analyze Apply and Extend K Operations and Algebraic Thinking (OA) Addition Add whole numbers Addition strategies Additive comparison Basic facts Decompose numbers Equal symbol Equations Estimate sums Expressions Inverse of subtraction Missing addend Model addition Multi-step word problems Plus symbol Real-world problems Three addends Word problems Write number sentences Division Basic facts Division strategies Equations Measurement quantities Model division Scope and Sequence Grades K 6 7

19 Operations and Algebraic Thinking Continued Investigate and Analyze Apply and Extend Multi-step word problems Relationship with multiplication Remainders Strategies to divide Understand division Factors and Multiples Common factors Common multiples Divisibility rules Even and odd numbers Factors Multiples Prime numbers Multiplication Arrays Basic facts K Equal groups Equations Even and odd numbers Measurement quantities Model multiplication Multiplication strategies Multiplicative comparison Real-world problems Relationship with division Strategies to multiply Understand multiplication Number and Shape Patterns Even and odd numbers Function tables Generate two numerical patterns Graph two numerical patterns on the coordinate plane Identify, generate, explain number patterns Patterns on facts tables 8 Scope and Sequence Grades K 6

20 Operations and Algebraic Thinking Continued Investigate and Analyze Apply and Extend K Skip-counting patterns Write a rule Numerical Expressions Evaluate numerical expressions Interpret numerical expressions Write numerical expressions Properties of Operations Additive Identity Property Associative Property of Addition Associative Property of Multiplication Commutative Property of Addition Commutative Property of Multiplication Distributive Property Identity Property of Multiplication Zero Property of Multiplication Subtraction Basic facts Decompose numbers Equal symbol Equations Estimate differences Expressions Inverse of addition Minus symbol Missing numbers in subtraction Model subtraction Multi-step word problems Real-world problems Subtract whole numbers Subtract zero Subtraction strategies Word problems Write number sentences Scope and Sequence Grades K 6 9

21 Expressions and Equations Investigate and Analyze Apply and Extend K Expressions and Equations (EE) Algebraic Expressions Equivalent algebraic expressions Evaluate algebraic expressions Identify parts of expressions Model algebraic expressions Write algebraic expressions Dependent and Independent Variables Analyze relationships between variables Express relationships between variables Graph relationships Linear equations Translate between equations and table values Equations Linear equations on the coordinate plane Meaning of equality Model equations Solve one-variable equations Symbols showing relations Inequalities Graph inequalities with one variable Identify solutions Solutions of inequalities on a number line Solutions of inequalities using substitution Symbols showing relations Write inequalities Numerical Expressions Write numerical expressions Evaluate numerical expressions 10 Scope and Sequence Grades K 6

22 Measurement and Data Investigate and Analyze Apply and Extend K Measurement and Data (MD) MEASUREMENT Length and Distance Add lengths Benchmarks and relative size Choose appropriate tool and unit Compare lengths Convert units Customary system Estimate length Measure length Measurements on a line plot Metric system Order lengths Real-world problems Subtract lengths Transitive property Liquid Volume and Capacity Benchmarks and relative size Convert units Estimate liquid volume Measure liquid volume Word problems Mass and Weight Benchmarks and relative size Compare weights Choose the appropriate unit Convert units Estimate mass Measure mass Order weights Word problems Money Count coins and bills Scope and Sequence Grades K 6 11

23 Measurement and Data Continued Investigate and Analyze Apply and Extend Decimal point in money amounts Decimals and money Fractions and money Identify coins and bills Operations with money K Real-world problems Symbolic notation Time A.M. and P.M. Clocks Convert units Elapsed time Equivalent units Fractions and time Real-world problems Tell time Units of time DATA Classify and count objects Interpret data Bar graph Compare data Draw conclusions Frequency table Line plot Measurement data on a line plot Picture graph Real-world problems Tally chart Represent data Bar graph Frequency table Line plot Measurement data on a line plot 12 Scope and Sequence Grades K 6

24 Measurement and Data Continued Investigate and Analyze Apply and Extend K Picture graph Tally chart GEOMETRIC MEASUREMENT Angles Concept of angle Related to circles Measure angles with a protractor Measure angles using an equation Sketch angles Area Concept of area Find area of a complex figure Find area of a rectangle Formula for area Real-world problems Relate area to multiplication and division Relate area to perimeter Units of area Perimeter Compare area and perimeter Find perimeter of a polygon Find perimeter of a rectangle Formula for perimeter Linear and area measures Real-world problems Relate area to perimeter Volume Attribute in solid figures Compare volumes Estimate volume Measure volume Real-world problems Volume as additive Scope and Sequence Grades K 6 13

25 Geometry Investigate and Analyze Apply and Extend K Geometry (G) Area Changing dimensions and area Draw polygons on the coordinate plane Find area of a composite figure Find area of a parallelogram Find area of a polygon Find area of a trapezoid Find area of a triangle Formulas for area Real-world problems Coordinate Plane Define a coordinate system Graph in the first quadrant Ordered pairs Real-world problems Surface Area Find surface area of a cube Find surface area of a prism Find surface area of a pyramid Nets Real-world problems Three-dimensional Shapes Attributes of three-dimensional shapes Classify shapes Compose and decompose shapes Identify and describe shapes Identify shapes in the environment Make and draw shapes Sort shapes Two-dimensional Shapes Angles Attributes of two-dimensional shapes Classify angles 14 Scope and Sequence Grades K 6

26 Geometry Continued Investigate and Analyze Apply and Extend K Classify polygons Classify quadrilaterals Classify shapes Classify triangles by angles Classify triangles by sides Compose and decompose shapes Congruency Equal parts Identify and describe shapes Identify shapes in the environment Line symmetry Lines Model and draw shapes Partition shapes Real-world problems Sort shapes Triangles Volume Formula for volume Fractional side lengths and volume Real-world problems Rectangular prism Use cubes to find volume Scope and Sequence Grades K 6 15

27 Statistics and Probability Investigate and Analyze Apply and Extend K Statistics and Probability (SP) Display Data Box plot Dot plot Frequency table Histogram Statistical Questions Describe data collections Distribution of data Measure of center Measure of variation Recognize statistical questions Summarize Data Box plot Describe data collections Describe distributions Dot plot Effects of outliers Frequency table Histogram Interpret data displays Mean as fair share and balance point Measures of central tendency Measures of variability 16 Scope and Sequence Grades K 6

28 Scope and Sequence for CMP2 Deep understanding of the concepts and skills are developed in the units listed. In some cases, the topics are introduced in one unit and more fully developed in a later unit. In other cases, the topics are revisited in the same or other units in Connections questions, or are used to develop understanding of new concepts. The development of a concept includes understanding relationships among and between concepts, as well as developing skills, procedures, and algorithms. As a problem solving curriculum, every unit helps students develop a variety of strategies for solving problems, such as building models, making lists and tables, drawing diagrams, and solving simpler problems. Key: I = introduced M = mastered R = reinforced; applied Number and Operations Grade 6 Grade 7 Grade 8 Whole Numbers divisors, factors, greatest common factor divisibility rules multiples, least common multiple Prime Time IM Bits and Pieces I R Shapes and Designs R Covering and Surrounding R Data About Us R Prime Time IM Prime Time IM Bits and Pieces I R Bits and Pieces III R Data About Us R Variables and Patterns R Comparing and Scaling R Accentuate the Negative R Filling and Wrapping R Comparing and Scaling R Growing, Growing, Growing R Cubes R Say It with Symbols R Growing, Growing, Growing R Say It with Symbols R MATHEMATICS CONTENT even, odd numbers Prime Time IM Variables and Patterns R Say It With Symbols R prime numbers Prime Time IM Filling and Wrapping R Growing, Growing, Growing R Say It with Symbols R composite numbers Prime Time IM squares Prime Time IM Shapes and Designs R Stretching and Shrinking R Looking for Pythagoras R Cubes R Say It with Symbols R square roots Prime Time I Stretching and Shrinking I Looking for Pythagoras IM prime factorization Prime Time IM Shapes and Designs R Growing, Growing, Growing R place value Prime Time R Bits and Pieces I R Data Around Us R Data Distributions R comparing Prime Time R Variables and Patterns R Stretching and Shrinking R Comparing and Scaling R Data Distributions R Shapes of Algebra R Samples and Populations R Mathematics Content of CMP2 29

29 Number and Operations (cont.) Grade 6 Grade 7 Grade 8 exponential form (notation) Prime Time IM Bits and Pieces III R Variables and Patterns R Stretching and Shrinking R Accentuate the Negative R Growing, Growing, Growing R Say It with Symbols R Shapes of Algebra R laws of exponents Growing, Growing, Growing IM Say It with Symbols R Decimals place value Bits and Pieces I IM Bits and Pieces III R Data Distributions R Looking for Pythagoras R Growing, Growing, Growing R models Bits and Pieces I IM Bits and Pieces III R Comparing and Scaling R Stretching and Shrinking R Looking for Pythagoras R on a number line Bits and Pieces I IM Bits and Pieces II R Bits and Pieces III R Data About Us R Variables and Patterns R Comparing and Scaling R What Do You Expect? R Data Distributions R Looking for Pythagoras R comparing and ordering Bits and Pieces I IM Bits and Pieces II R Covering and Surrounding R Bits and Pieces III R How Likely Is It? R Variables and Patterns R Comparing and Scaling R Accentuate the Negative R What Do You Expect? R Data Distributions R Looking for Pythagoras R Growing, Growing, Growing R Samples and Populations R related to fractions and percents Bits and Pieces I IM Bits and Pieces II R Bits and Pieces III R How Likely Is It? R Data About Us R Stretching and Shrinking R Comparing and Scaling R Filling and Wrapping R Data Distributions R Looking for Pythagoras R Growing, Growing, Growing R terminating and repeating decimals Bits and Pieces III IM Looking for Pythagoras R estimating/benchmarks Bits and Pieces I IM Bits and Pieces II R Bits and Pieces III R Comparing and Scaling R Filling and Wrapping R Data Distributions R Looking for Pythagoras R rounding Bits and Pieces I IM Bits and Pieces III R How Likely Is It? R Filling and Wrapping R Data Distributions R Looking for Pythagoras R Growing, Growing, Growing R scientific notation Growing, Growing, Growing IM operations with Bits and Pieces III IM How Likely Is It? R Data About Us R Stretching and Shrinking R Accentuate the Negative R Moving Straight Ahead R Filling and Wrapping R What Do You Expect? R Data Distributions R Looking for Pythagoras R Growing, Growing, Growing R Samples and Populations R 30 Implementing and Teaching Guide

30 Number and Operations (cont.) Grade 6 Grade 7 Grade 8 Fractions comparing and ordering Bits and Pieces I IM Shapes and Designs R Bits and Pieces II R Covering and Surrounding R Bits and Pieces III R How Likely Is It? R Variables and Patterns R Comparing and Scaling R Accentuate the Negative R What Do You Expect? R Data Distributions R Looking for Pythagoras R Growing, Growing, Growing R Shapes of Algebra R Samples and Populations R related to decimals and percents Bits and Pieces I IM Bits and Pieces II R Bits and Pieces III R How Likely Is It? R Data About Us R Stretching and Shrinking R Comparing and Scaling R What Do You Expect? R Data Distributions R Looking for Pythagoras R Growing, Growing, Growing R equivalent estimating/benchmarks models Bits and Pieces I IM Shapes and Designs R Bits and Pieces II R Bits and Pieces III R How Likely Is It? R Bits and Pieces I IM Bits and Pieces II R Bits and Pieces III R How Likely Is It? R Bits and Pieces I IM Shapes and Designs R Bits and Pieces II R Bits and Pieces III R How Likely Is It? R Stretching and Shrinking R Comparing and Scaling R What Do You Expect? R Comparing and Scaling R What Do You Expect? R Data Distributions R Comparing and Scaling R Filling and Wrapping R What Do You Expect? R Growing, Growing, Growing R Samples and Populations R Samples and Populations R Looking for Pythagoras R MATHEMATICS CONTENT reciprocals Bits and Pieces II IM Moving Straight Ahead R operations with Bits and Pieces I I Shapes and Designs I Bits and Pieces II IM Covering and Surrounding R Bits and Pieces III R How Likely Is It? R Data About Us R Variables and Patterns R Stretching and Shrinking R Accentuate the Negative R Moving Straight Ahead R Filling and Wrapping R What Do You Expect? R Data Distributions R Looking for Pythagoras R Growing, Growing, Growing R Say It with Symbols R Ratio and Proportion ratios, rates, unit rates Bits and Pieces I I Shapes and Designs I Bits and Pieces II I Bits and Pieces III I How Likely Is It? I Data About Us I Variables and Patterns I Stretching and Shrinking I Comparing and Scaling IM Moving Straight Ahead R Filling and Wrapping R Data Distributions R Looking for Pythagoras R Growing, Growing, Growing R Shapes of Algebra R Samples and Populations R Mathematics Content of CMP2 31

31 Number and Operations (cont.) Grade 6 Grade 7 Grade 8 equivalent ratios Bits and Pieces I I Shapes and Designs I Bits and Pieces II I Bits and Pieces III I How Likely Is It? I Stretching and Shrinking IM Comparing and Scaling R Moving Straight Ahead R What Do You Expect? R Data Distributions R Looking for Pythagoras R Growing, Growing, Growing R Samples and Populations R proportions Bits and Pieces I I Bits and Pieces II I Bits and Pieces III I How Likely Is It? I Stretching and Shrinking I Comparing and Scaling IM Moving Straight Ahead R comparing proportional and nonproportional relationships Bits and Pieces I I Bits and Pieces III I How Likely Is It? I Data About Us I Variables and Patterns I Stretching and Shrinking I Comparing and Scaling IM Moving Straight Ahead R What Do You Expect? R Data Distributions R scaling/scale factors Bits and Pieces I I Bits and Pieces III I How Likely Is It? I Stretching and Shrinking IM Comparing and Scaling R What Do You Expect? R Looking for Pythagoras R Growing, Growing, Growing R Cubes R Kaleidoscopes, Hubcaps, and Mirrors R Say It with Symbols R Shapes of Algebra R scale factors with similar 3-dimensional figures Filling and Wrapping IM estimating Bits and Pieces I I Bits and Pieces III I How Likely Is It? I Data About Us I Stretching and Shrinking I Comparing and Scaling IM Filling and Wrapping R What Do You Expect? R Data Distributions R proportional reasoning Bits and Pieces I I Bits and Pieces II I Bits and Pieces III I How Likely Is It? I Variables and Patterns I Stretching and Shrinking I Comparing and Scaling IM Moving Straight Ahead R Filling and Wrapping R What Do You Expect? R Data Distributions R Looking for Pythagoras R Growing, Growing, Growing R Kaleidoscopes, Hubcaps, and Mirrors R Say It with Symbols R Shapes of Algebra R Percents related to fractions and decimals Bits and Pieces I IM Bits and Pieces II R Bits and Pieces III R How Likely Is It? R Data About Us R Stretching and Shrinking R Comparing and Scaling R What Do You Expect? R Data Distributions R Growing, Growing, Growing R Say It with Symbols R Samples and Populations R 32 Implementing and Teaching Guide

32 Number and Operations (cont.) Grade 6 Grade 7 Grade 8 models Bits and Pieces I IM Bits and Pieces III R How Likely Is It? R Stretching and Shrinking R Comparing and Scaling R What Do You Expect? R Samples and Populations R estimating/benchmarks Bits and Pieces I IM Bits and Pieces II R Bits and Pieces III R How Likely Is It? R Data About Us R What Do You Expect? R Data Distributions R Samples and Populations R finding Bits and Pieces I I Bits and Pieces III IM How Likely Is It? R Data About Us R Variables and Patterns R Stretching and Shrinking R Comparing and Scaling R Moving Straight Ahead R What Do You Expect? R Data Distributions R Growing, Growing, Growing R Shapes of Algebra R Samples and Populations R percent of a number solving problems with Integers models Bits and Pieces I I Bits and Pieces III IM How Likely Is It? R Data About Us R Bits and Pieces III IM How Likely Is It? R Bits and Pieces II I Stretching and Shrinking R Comparing and Scaling R Moving Straight Ahead R What Do You Expect? R Data Distributions R Stretching and Shrinking R Comparing and Scaling R What Do You Expect? R Data Distributions R Accentuate the Negative IM Data Distributions R Growing, Growing, Growing R Say It with Symbols R Samples and Populations R Growing, Growing, Growing R Say It with Symbols R Samples and Populations R MATHEMATICS CONTENT opposites/inverse operations Accentuate the Negative IM Moving Straight Ahead R Say It with Symbols R Shapes of Algebra R absolute value Accentuate the Negative IM comparing and ordering Accentuate the Negative IM Data Distributions R Shapes of Algebra R on a number line Bits and Pieces II I Accentuate the Negative IM What Do You Expect? R operations with Accentuate the Negative IM Moving Straight Ahead R What Do You Expect? R Cubes R Say It with Symbols R Shapes of Algebra R solving problems with Bits and Pieces II I Accentuate the Negative IM Say It with Symbols R Mathematics Content of CMP2 33

33 Number and Operations (cont.) Grade 6 Grade 7 Grade 8 Irrational Numbers models Covering and Surrounding I How Likely Is It? I Filling and Wrapping I Looking for Pythagoras IM pi Covering and Surrounding IM Bits and Pieces III R How Likely Is It? R Variables and Patterns R Filling and Wrapping R Looking for Pythagoras R Pythagorean Theorem Looking for Pythagoras IM Shapes of Algebra R square roots Looking for Pythagoras IM Shapes of Algebra R estimating Looking for Pythagoras IM Shapes of Algebra R Real Numbers defined Looking for Pythagoras IM Order of Operations Prime Time I Accentuate the Negative IM Moving Straight Ahead R Cubes R Say It with Symbols R Properties distributive Bits and Pieces II I Covering and Surrounding I Bits and Pieces III I Accentuate the Negative IM Moving Straight Ahead R Cubes R Say It with Symbols R commutative Prime Time I Accentuate the Negative IM Moving Straight Ahead R Say It with Symbols R associative Accentuate the Negative I Say It with Symbols IM Data Analysis and Probability Data Investigation Note: Opportunities for students to question, collect, analyze, and interpret data occur in almost every unit. collecting data How Likely Is It? I Data About Us IM Variables and Patterns R Moving Straight Ahead R Filling and Wrapping R What Do You Expect? R Data Distributions R Thinking with Looking for Pythagoras R Growing, Growing, Growing R Samples and Populations R 34 Implementing and Teaching Guide

34 Data Analysis and Probability (cont.) Grade 6 Grade 7 Grade 8 analyze data Bits and Pieces III I How Likely Is It? I Data About Us IM Variables and Patterns R Comparing and Scaling R Moving Straight Ahead R Filling and Wrapping R What Do You Expect? R Data Distributions R Thinking with Looking for Pythagoras R Growing, Growing, Growing R Samples and Populations R interpret data Bits and Pieces III I How Likely Is It? I Data About Us IM Variables and Patterns R Comparing and Scaling R Moving Straight Ahead R Filling and Wrapping R What Do You Expect? R Data Distributions R Thinking with Looking for Pythagoras R Growing, Growing, Growing R Samples and Populations R samples How Likely Is It? I Data About Us I What Do You Expect? I Samples and Populations IM randomness How Likely Is It? IM What Do You Expect? R Samples and Populations R draw conclusions/make predictions compare data How Likely Is It? I Data About Us IM How Likely Is It? I Data About Us I What Do You Expect? R Comparing and Scaling R Moving Straight Ahead R Filling and Wrapping R Data Distributions R Variables and Patterns I Comparing and Scaling I Moving Straight Ahead I Filling and Wrapping R What Do You Expect? I Data Distributions IM Thinking with Looking for Pythagoras R Growing, Growing, Growing R Samples and Populations R Thinking with Samples and Populations R MATHEMATICS CONTENT conduct surveys How Likely Is It? I Data About Us I Data Distributions I Samples and Populations R evaluate methods of sampling How Likely Is It? I Data About Us I What Do You Expect? I Data Distributions I Samples and Populations IM Data Representation Note: Opportunities for students to create or use tables occur in almost every unit. line plots How Likely Is It? I Data About Us IM Variables and Patterns R What Do You Expect? R Data Distributions R Samples and Populations R single, double, stacked bar graphs Bits and Pieces I I Bits and Pieces III I How Likely Is It? I Data About Us IM Comparing and Scaling R Data Distributions R Growing, Growing, Growing R Shapes of Algebra R Samples and Populations R stem-and-leaf plots Data About Us IM Data Distributions R Samples and Populations R Mathematics Content of CMP2 35

35 Data Analysis and Probability (cont.) Grade 6 Grade 7 Grade 8 coordinate graphs Covering and Surrounding I Data About Us I Variables and Patterns IM Moving Straight Ahead R Filling and Wrapping R Data Distributions R Thinking with Growing, Growing, Growing R Cubes R Say It With Symbols R Shapes of Algebra R Samples and Populations R tables Shapes and Designs R Covering and Surrounding I Data About Us IM Variables and Patterns IM Comparing and Scaling R Moving Straight Ahead R Filling and Wrapping R Data Distributions R Thinking with Looking for Pythagoras R Growing, Growing, Growing R Cubes R Say It With Symbols R Samples and Populations R frequency tables Data About Us IM How Likely Is It? R Comparing and Scaling R Data Distributions R circle graphs (pie charts) Bits and Pieces III IM Data About Us R Data Distributions R Shapes of Algebra R Samples and Populations R histograms Samples and Populations IM box-and-whisker plots (box plots) Samples and Populations IM scatter plots Data About Us I Data Distributions IM Thinking with Samples and Populations R analyze trends/trend lines Data About Us I Variables and Patterns I Comparing and Scaling I Moving Straight Ahead I Data Distributions I Thinking with Mathematical Models IM Samples and Populations R decide on appropriateness and effectiveness Bits and Pieces III I How Likely Is It? I Data About Us IM Comparing and Scaling R Data Distributions R Samples and Populations R Describing Data mode Data About Us IM Data Distributions R Samples and Populations R median Data About Us IM Variables and Patterns R Accentuate the Negative R Data Distributions R Samples and Populations R mean (average) Bits and Pieces III I Data About Us IM Variables and Patterns R Accentuate the Negative R Data Distributions R Thinking with Mathematical Models IM Samples and Populations R range Data About Us IM Accentuate the Negative R Data Distributions R Samples and Populations R 36 Implementing and Teaching Guide

36 Data Analysis and Probability (cont.) Grade 6 Grade 7 Grade 8 outliers Data About Us I Data Distributions I Samples and Populations IM choose the best data descriptor Data About Us IM Data Distributions R Samples and Populations R shape of data Data About Us I Data Distributions IM Samples and Populations R data distribution Data About Us I Data Distributions IM Samples and Populations R quartiles, interquartile range (IQR) Samples and Populations IM maximum, minimum Covering and Surrounding I Data Distributions IM Cubes R Samples and Populations R Probability predicting, computing equally and unequally likely outcomes certain, possible, impossible events experimental How Likely Is It? IM How Likely Is It? IM How Likely Is It? IM How Likely Is It? IM Variables and Patterns R Stretching and Shrinking R Comparing and Scaling R What Do You Expect? R Data Distributions R What Do You Expect? R What Do You Expect? R Variables and Patterns R Comparing and Scaling R What Do You Expect? R Shapes of Algebra R Samples and Populations R Shapes of Algebra R MATHEMATICS CONTENT theoretical How Likely Is It? IM Stretching and Shrinking R Comparing and Scaling R What Do You Expect? R dependent and independent events What Do You Expect? IM expected value How Likely Is It? I What Do You Expect? IM fair and unfair games How Likely Is It? IM What Do You Expect? R lists, charts, tree diagrams, area models How Likely Is It? I Variables and Patterns I Stretching and Shrinking I Comparing and Scaling I What Do You Expect? IM counting techniques How Likely Is It? I What Do You Expect? IM Say It with Symbols R simulations/experiments How Likely Is It? IM Variables and Patterns R Moving Straight Ahead R What Do You Expect? R Growing, Growing, Growing R Samples and Populations R Mathematics Content of CMP2 37

37 Measurement Grade 6 Grade 7 Grade 8 Angles estimating Shapes and Designs IM Bits and Pieces III R How Likely Is It? R Variables and Patterns R Stretching and Shrinking R Comparing and Scaling R Data Distributions R Looking for Pythagoras R Kaleidoscopes, Hubcaps, and Mirrors R measuring Shapes and Designs IM Bits and Pieces III R How Likely Is It? R Stretching and Shrinking R Comparing and Scaling R Looking for Pythagoras R Kaleidoscopes, Hubcaps, and Mirrors R of similar polygons Stretching and Shrinking IM Comparing and Scaling R Looking for Pythagoras R Kaleidoscopes, Hubcaps, and Mirrors R triangle, special right Looking for Pythagoras IM Perimeter polygons Shapes and Designs I Covering and Surrounding IM Bits and Pieces III R Variables and Patterns R Stretching and Shrinking R Moving Straight Ahead R Filling and Wrapping R Looking for Pythagoras R Cubes R Kaleidoscopes, Hubcaps, and Mirrors R Say It with Symbols R Shapes of Algebra R circles (circumference) Covering and Surrounding IM Bits and Pieces III R Variables and Patterns R Stretching and Shrinking R Moving Straight Ahead R Filling and Wrapping R Growing, Growing, Growing R Cubes R Kaleidoscopes, Hubcaps, and Mirrors R Say It with Symbols R Shapes of Algebra R irregular polygons Covering and Surrounding IM Bits and Pieces III R Stretching and Shrinking R Filling and Wrapping R Looking for Pythagoras R Kaleidoscopes, Hubcaps, and Mirrors R Say It with Symbols R constant perimeter, changing area Covering and Surrounding IM Variables and Patterns R Moving Straight Ahead R Cubes R Say It with Symbols R relationships of perimeters of similar figures Stretching and Shrinking IM Comparing and Scaling R Growing, Growing, Growing R Cubes R Shapes of Algebra R 38 Implementing and Teaching Guide

38 Measurement (cont.) Grade 6 Grade 7 Grade 8 Area rectangles Prime Time I Bits and Pieces I I Shapes and Designs R Bits and Pieces II I Covering and Surrounding IM Bits and Pieces III R Variables and Patterns R Stretching and Shrinking R Comparing and Scaling R Moving Straight Ahead R Filling and Wrapping R What Do You Expect? R Looking for Pythagoras R Cubes R Kaleidoscopes, Hubcaps, and Mirrors R Say It with Symbols R Shapes of Algebra R triangles Covering and Surrounding IM Bits and Pieces III R Variables and Patterns R Stretching and Shrinking R Moving Straight Ahead R Filling and Wrapping R Looking for Pythagoras R Growing, Growing, Growing R Cubes R Kaleidoscopes, Hubcaps, and Mirrors R Say It with Symbols R parallelograms circles Covering and Surrounding IM Bits and Pieces III R Covering and Surrounding IM Bits and Pieces III R Variables and Patterns R Stretching and Shrinking R Filling and Wrapping R Variables and Patterns R Stretching and Shrinking R Moving Straight Ahead R Filling and Wrapping R Cubes R Kaleidoscopes, Hubcaps, and Mirrors R Looking for Pythagoras R Growing, Growing, Growing R Cubes R Kaleidoscopes, Hubcaps, and Mirrors R Say It with Symbols R Shapes of Algebra R MATHEMATICS CONTENT irregular polygons Bits and Pieces I I Bits and Pieces II I Covering and Surrounding IM Bits and Pieces III R Stretching and Shrinking R Filling and Wrapping R Looking for Pythagoras R Kaleidoscopes, Hubcaps, and Mirrors R Say It with Symbols R Shapes of Algebra R trapezoids Covering and Surrounding I Cubes IM Say It with Symbols R constant area, changing perimeter Covering and Surrounding IM Variables and Patterns R Cubes R Mathematics Content of CMP2 39

39 Measurement (cont.) Grade 6 Grade 7 Grade 8 relationships of areas of similar figures Stretching and Shrinking IM Comparing and Scaling R Moving Straight Ahead R Filling and Wrapping R What Do You Expect? R Looking for Pythagoras R Growing, Growing, Growing R Cubes R Kaleidoscopes, Hubcaps, and Mirrors R Shapes of Algebra R Volume models Data About Us R Filling and Wrapping IM What Do You Expect? R Cubes R cubes Filling and Wrapping IM What Do You Expect? R Looking for Pythagoras R Growing, Growing, Growing R Cubes R prisms Filling and Wrapping IM What Do You Expect? R Looking for Pythagoras R Cubes R cylinders Filling and Wrapping IM Looking for Pythagoras R Growing, Growing, Growing R Cubes R Kaleidoscopes, Hubcaps, and Mirrors R Say It with Symbols R Shapes of Algebra R cones Filling and Wrapping IM Looking for Pythagoras R Say It with Symbols R pyramids Filling and Wrapping IM Looking for Pythagoras R Say It with Symbols R spheres Filling and Wrapping IM Say It with Symbols R irregular figures Filling and Wrapping IM Say It with Symbols R similar figures and scale factors Filling and Wrapping IM 40 Implementing and Teaching Guide

40 Measurement (cont.) Grade 6 Grade 7 Grade 8 effects when the dimensions of a solid are changed proportionally Filling and Wrapping IM Growing, Growing, Growing R Cubes R Surface Area flat patterns (nets) for solid figures models cubes Covering and Surrounding R How Likely Is It? R Filling and Wrapping IM Filling and Wrapping IM Filling and Wrapping IM Looking for Pythagoras R Cubes R Kaleidoscopes, Hubcaps, and Mirrors R Say It with Symbols R Shapes of Algebra R Looking for Pythagoras R Cubes R Say It with Symbols R MATHEMATICS CONTENT prisms Filling and Wrapping IM Looking for Pythagoras R Cubes R Say It with Symbols R Shapes of Algebra R cylinders Filling and Wrapping IM Cubes R Say It with Symbols R Shapes of Algebra R pyramids How Likely Is It? I Filling and Wrapping I Looking for Pythagoras I irregular figures Say It with Symbols I formulas Filling and Wrapping IM Finding Missing Lengths similar figures using ratios or scale factor Stretching and Shrinking IM Comparing and Scaling R Moving Straight Ahead R Looking for Pythagoras R Kaleidoscopes, Hubcaps, and Mirrors R Mathematics Content of CMP2 41

41 Measurement (cont.) Grade 6 Grade 7 Grade 8 on a coordinate grid using the Pythagorean Theorem Looking for Pythagoras IM Shapes of Algebra R Looking for Pythagoras IM Growing, Growing, Growing R Kaleidoscopes, Hubcaps, and Mirrors R Say It with Symbols R Shapes of Algebra R Indirect similar triangles solving problems with Units of Measure Stretching and Shrinking IM Comparing and Scaling R Stretching and Shrinking IM Comparing and Scaling R Looking for Pythagoras R Kaleidoscopes, Hubcaps, and Mirrors R Looking for Pythagoras R Kaleidoscopes, Hubcaps, and Mirrors R converting within the same measurement system converting among customary and metric Shapes and Designs R Moving Straight Ahead R Filling and Wrapping R Comparing and Scaling R Moving Straight Ahead R Data About Us R Geometry Line parallel lines Shapes and Designs IM Stretching and Shrinking R Moving Straight Ahead R Looking for Pythagoras R Shapes of Algebra R perpendicular lines Shapes and Designs IM Moving Straight Ahead R Looking for Pythagoras R Kaleidoscopes, Hubcaps, and Mirrors R Shapes of Algebra R transversals Shapes and Designs IM Stretching and Shrinking R Kaleidoscopes, Hubcaps, and Mirrors R midpoints Shapes and Designs IM Stretching and Shrinking R Looking for Pythagoras R Shapes of Algebra R Angles classifying Shapes and Designs IM congruent Shapes and Designs IM Stretching and Shrinking R Looking for Pythagoras R Kaleidoscopes, Hubcaps, and Mirrors R 42 Implementing and Teaching Guide

42 Geometry (cont.) Grade 6 Grade 7 Grade 8 complementary and supplementary Stretching and Shrinking IM Filling and Wrapping R of a polygon Shapes and Designs IM Variables and Patterns R Stretching and Shrinking R Looking for Pythagoras R Kaleidoscopes, Hubcaps, and Mirrors R n-gon angle sum Shapes and Designs IM Bits and Pieces III R Variables and Patterns R Moving Straight Ahead R Kaleidoscopes, Hubcaps, and Mirrors R Shapes of Algebra R on a circular grid Shapes and Designs IM Polygons properties of Shapes and Designs IM Looking for Pythagoras R Kaleidoscopes, Hubcaps, and Mirrors R Shapes of Algebra R regular tilings/tessellations diagonals Shapes and Designs IM Shapes and Designs IM Shapes and Designs IM Variables and Patterns R Moving Straight Ahead R Stretching and Shrinking R Variables and Patterns R Moving Straight Ahead R Kaleidoscopes, Hubcaps, and Mirrors R Looking for Pythagoras R Growing, Growing, Growing R Cubes R Kaleidoscopes, Hubcaps, and Mirrors R MATHEMATICS CONTENT triangles, classifying Shapes and Designs IM Stretching and Shrinking R Moving Straight Ahead R Filling and Wrapping R Looking for Pythagoras R Kaleidoscopes, Hubcaps, and Mirrors R quadrilaterals, classifying Shapes and Designs IM Stretching and Shrinking R Moving Straight Ahead R Looking for Pythagoras R Kaleidoscopes, Hubcaps, and Mirrors R Shapes of Algebra R similar Stretching and Shrinking IM Moving Straight Ahead R Filling and Wrapping R Looking for Pythagoras R Growing, Growing, Growing R Kaleidoscopes, Hubcaps, and Mirrors R Shapes of Algebra R congruent Covering and Surrounding I How Likely Is It? I Stretching and Shrinking I Looking for Pythagoras I Kaleidoscopes, Hubcaps, and Mirrors IM Mathematics Content of CMP2 43

43 Geometry (cont.) Grade 6 Grade 7 Grade 8 enlarging and shrinking (dilations) Stretching and Shrinking IM Moving Straight Ahead R Looking for Pythagoras R Growing, Growing, Growing R Kaleidoscopes, Hubcaps, and Mirrors R Shapes of Algebra R drawing on coordinate grid Stretching and Shrinking IM Moving Straight Ahead R Looking for Pythagoras R Kaleidoscopes, Hubcaps, and Mirrors R Shapes of Algebra R Pythagorean Theorem Looking for Pythagoras IM Say It with Symbols R Circles Relationship between radius/diameter/ circumference Covering and Surrounding IM Filling and Wrapping R Looking for Pythagoras R Cubes R Kaleidoscopes, Hubcaps, and Mirrors R Shapes of Algebra R Three-Dimensional Figures cubes Filling and Wrapping IM Looking for Pythagoras R Cubes R prisms Filling and Wrapping IM Looking for Pythagoras R cylinders/spheres/cones Filling and Wrapping IM Looking for Pythagoras R Kaleidoscopes, Hubcaps, and Mirrors R pyramids Filling and Wrapping IM Looking for Pythagoras R base plans/top, side, and front views Filling and Wrapping R Cubes R spatial visualization Covering and Surrounding I How Likely Is It? I Filling and Wrapping R Looking for Pythagoras R Cubes R Kaleidoscopes, Hubcaps, and Mirrors R Shapes of Algebra R 44 Implementing and Teaching Guide

44 Geometry (cont.) Grade 6 Grade 7 Grade 8 Transformations reflections Shapes and Designs I Accentuate the Negative I Cubes I Kaleidoscopes, Hubcaps, and Mirrors IM Shapes of Algebra R rotations Shapes and Designs I Kaleidoscopes, Hubcaps, and Mirrors IM translations Stretching and Shrinking I Accentuate the Negative I Cubes I Kaleidoscopes, Hubcaps, and Mirrors IM Shapes of Algebra R combinations of transformations Kaleidoscopes, Hubcaps, and Mirrors IM symmetry constructing symmetric figures dilations Shapes and Designs IM Stretching and Shrinking IM Accentuate the Negative R Cubes R Kaleidoscopes, Hubcaps, and Mirrors R Shapes of Algebra R Kaleidoscopes, Hubcaps, and Mirrors IM Shapes of Algebra R Kaleidoscopes, Hubcaps, and Mirrors IM Shapes of Algebra R MATHEMATICS CONTENT algebraic rules/properties for Stretching and Shrinking I Kaleidoscopes, Hubcaps, and Mirrors IM on a coordinate plane Shapes and Designs I Stretching and Shrinking I Accentuate the Negative I Looking for Pythagoras I Kaleidoscopes, Hubcaps, and Mirrors IM Shapes of Algebra R Algebra Patterns look for and describe Covering and Surrounding I Data About Us I Variables and Patterns IM Comparing and Scaling R Accentuate the Negative R Moving Straight Ahead R Filling and Wrapping R Data Distributions R Looking for Pythagoras R Growing, Growing, Growing R Cubes R Say It with Symbols R Samples and Populations R Mathematics Content of CMP2 45

45 Algebra (cont.) Grade 6 Grade 7 Grade 8 numerical Covering and Surrounding I Data About Us I Variables and Patterns IM Comparing and Scaling R Moving Straight Ahead R Filling and Wrapping R Data Distributions R Looking for Pythagoras R Growing, Growing, Growing R Cubes R Say It with Symbols R Samples and Populations R geometric Covering and Surrounding IM Variables and Patterns R Accentuate the Negative R Filling and Wrapping R Cubes R Say It with Symbols R rates of change Variables and Patterns I Comparing and Scaling IM Accentuate the Negative R Moving Straight Ahead R Filling and Wrapping R Growing, Growing, Growing R Cubes R Say It with Symbols R rules Shapes and Designs I Covering and Surrounding I Variables and Patterns IM Comparing and Scaling R Moving Straight Ahead R Filling and Wrapping R Looking for Pythagoras R Growing, Growing, Growing R Cubes R Say It with Symbols R Samples and Populations R analyzing and making predictions from Covering and Surrounding I Variables and Patterns IM Comparing and Scaling R Moving Straight Ahead R Filling and Wrapping R Data Distributions R Growing, Growing, Growing R Cubes R Say It with Symbols R functions Covering and Surrounding I Variables and Patterns IM Comparing and Scaling R Moving Straight Ahead R Filling and Wrapping R Growing, Growing, Growing R Cubes R Say It with Symbols R Samples and Populations R Variables/Expressions dependent, independent Variables and Patterns IM Moving Straight Ahead R 46 Implementing and Teaching Guide

46 Algebra (cont.) Grade 6 Grade 7 Grade 8 coefficients Variables and Patterns I Comparing and Scaling I Moving Straight Ahead IM like, constant, linear terms Variables and Patterns I Comparing and Scaling I Moving Straight Ahead IM Looking for Pythagoras R Cubes R Say It with Symbols R Shapes of Algebra R evaluating Variables and Patterns I Moving Straight Ahead IM Growing, Growing, Growing R Cubes R Say It with Symbols R Shapes of Algebra R equivalent factored form/ expanded form Relationships Variables and Patterns I Moving Straight Ahead I Accentuate the Negative IM Moving Straight Ahead R Growing, Growing, Growing I Cubes I Say It with Symbols IM Shapes of Algebra R Cubes R Say It with Symbols R MATHEMATICS CONTENT continuous/ discrete Variables and Patterns IM Accentuate the Negative R linear Data About Us I Variables and Patterns I Comparing and Scaling I Accentuate the Negative I Moving Straight Ahead IM Filling and Wrapping R Data Distributions R Growing, Growing, Growing R Cubes R Say It with Symbols R Shapes of Algebra R Samples and Populations R nonlinear Covering and Surrounding I Data About Us I Variables and Patterns I Moving Straight Ahead I Filling and Wrapping I Data Distributions I Mathematical Models IM Growing, Growing, Growing R Cubes R Say It with Symbols R Shapes of Algebra R Mathematics Content of CMP2 47

47 Algebra (cont.) Grade 6 Grade 7 Grade 8 inverse Variables and Patterns I Moving Straight Ahead I Mathematical Models IM Cubes R Say It with Symbols R Shapes of Algebra R exponential growth/ exponential decay Growing, Growing, Growing IM Cubes R Say It with Symbols R Shapes of Algebra R quadratic Covering and Surrounding I Filling and Wrapping I Cubes IM Say It with Symbols R Shapes of Algebra R slope Variables and Patterns I Moving Straight Ahead IM Looking for Pythagoras R Growing, Growing, Growing R Shapes of Algebra R slopes of perpendicular lines/parallel lines Moving Straight Ahead IM Looking for Pythagoras R Shapes of Algebra R Equations, Linear tables for Variables and Patterns I Comparing and Scaling I Moving Straight Ahead IM Growing, Growing, Growing R Cubes R Shapes of Algebra R graphs for Variables and Patterns I Comparing and Scaling I Accentuate the Negative I Moving Straight Ahead IM Growing, Growing, Growing R Cubes R Say It with Symbols R Shapes of Algebra R Samples and Populations R fitting to a graph Moving Straight Ahead IM Data Distributions R Growing, Growing, Growing R Cubes R Say It with Symbols R Shapes of Algebra R Samples and Populations R 48 Implementing and Teaching Guide

48 Algebra (cont.) Grade 6 Grade 7 Grade 8 Slope-intercept form y mx b Variables and Patterns I Moving Straight Ahead IM Data Distributions R Growing, Growing, Growing R Say It with Symbols R Shapes of Algebra R Samples and Populations R Standard form ax by c Shapes of Algebra IM writing Variables and Patterns IM Comparing and Scaling R Moving Straight Ahead R Growing, Growing, Growing R Cubes R Say It with Symbols R Shapes of Algebra R Samples and Populations R solving with tables solving by graphing Variables and Patterns I Comparing and Scaling I Moving Straight Ahead IM Variables and Patterns I Comparing and Scaling I Moving Straight Ahead IM Growing, Growing, Growing R Cubes R Say It with Symbols R Shapes of Algebra R Growing, Growing, Growing R Cubes R Say It with Symbols R Shapes of Algebra R MATHEMATICS CONTENT solving symbolically Variables and Patterns I Moving Straight Ahead IM Growing, Growing, Growing R Cubes R Say It with Symbols R Shapes of Algebra R solving with graphing calculator Variables and Patterns I Moving Straight Ahead IM Growing, Growing, Growing R Cubes R Say It with Symbols R Mathematics Content of CMP2 49

49 Algebra (cont.) Grade 6 Grade 7 Grade 8 solving systems of Variables and Patterns I Moving Straight Ahead I Mathematical Models I Cubes I Say It with Symbols I Shapes of Algebra IM formulate given a problem situation (and vice versa) Variables and Patterns I Comparing and Scaling I Moving Straight Ahead IM Growing, Growing, Growing R Cubes R Say It with Symbols R Shapes of Algebra R Samples and Populations R Equations, Quadratic writing Cubes IM Say It with Symbols R graphs for Covering and Surrounding I Variables and Patterns I Moving Straight Ahead I Cubes IM Say It with Symbols R Shapes of Algebra R solving Cubes I Say It with Symbols IM Shapes of Algebra R finding roots Cubes I Say It with Symbols IM Shapes of Algebra R inequalities Shapes of Algebra I Equations, Nonlinear models Variables and Patterns I Moving Straight Ahead I Mathematical Models IM Growing, Growing, Growing R Cubes R cubic Mathematical Models I Cubes I Say It with Symbols I 50 Implementing and Teaching Guide

50 Algebra (cont.) Grade 6 Grade 7 Grade 8 exponential Variables and Patterns I Mathematical Models I Growing, Growing, Growing IM Say It with Symbols R Shapes of Algebra R inverse Variables and Patterns I Moving Straight Ahead I Mathematical Models IM Cubes R Say It with Symbols R Shapes of Algebra R of circles Shapes of Algebra IM Graphing explore shapes of graphs ordered pairs Data About Us I Data About Us I Variables and Patterns IM Comparing and Scaling R Moving Straight Ahead R Variables and Patterns IM Stretching and Shrinking R Comparing and Scaling R Accentuate the Negative R Moving Straight Ahead R Growing, Growing, Growing R Cubes R Say It with Symbols R Shapes of Algebra R Samples and Populations R Looking for Pythagoras R Kaleidoscopes, Hubcaps, and Mirrors R Shapes of Algebra R Samples and Populations R MATHEMATICS CONTENT polar coordinates Shapes and Designs IM equations Variables and Patterns I Comparing and Scaling I Moving Straight Ahead IM Data Distributions R Growing, Growing, Growing R Cubes R Say It with Symbols R Samples and Populations R inequalities Variables and Patterns I Moving Straight Ahead I Mathematical Models I Say It with Symbols I Shapes of Algebra IM systems of linear inequalities Shapes of Algebra IM Mathematics Content of CMP2 51

51 Algebra (cont.) Grade 6 Grade 7 Grade 8 using a table Covering and Surrounding I Data About Us I Variables and Patterns IM Comparing and Scaling R Moving Straight Ahead R Growing, Growing, Growing R Cubes R with a graphing calculator Variables and Patterns IM Moving Straight Ahead R Growing, Growing, Growing R Cubes R Say It with Symbols R slope Variables and Patterns I Comparing and Scaling I Moving Straight Ahead IM Growing, Growing, Growing R Say It with Symbols R Shapes of Algebra R Samples and Populations R x-intercept Variables and Patterns I Moving Straight Ahead IM Cubes R Say It with Symbols R Shapes of Algebra R Samples and Populations R y-intercept Variables and Patterns I Moving Straight Ahead IM Growing, Growing, Growing R Cubes R Say It with Symbols R Shapes of Algebra R maximum and minimum Covering and Surrounding I Filling and Wrapping I Cubes IM Say It with Symbols R systems of equations Variables and Patterns IM Moving Straight Ahead R Cubes R Shapes of Algebra R 52 Implementing and Teaching Guide

52 Problem Solving Skills Grade 6 Grade 7 Grade 8 Problem Solving Strategies As a problem solving curriculum, every unit helps students develop a variety of strategies for solving problems such as; building models, making lists and tables, drawing diagrams, and solving simpler problems. drawing a diagram Bits and Pieces I R Bits and Pieces II R Bits and Pieces III R How Likely Is It? R Stretching and Shrinking R Accentuate the Negative R Filling and Wrapping R What Do You Expect? R Looking for Pythagoras R Cubes R Kaleidoscopes, Hubcaps, and Mirrors R looking for a pattern making a graph making a table Bits and Pieces I R Shapes and Designs R Bits and Pieces II R Covering and Surrounding R Bits and Pieces III R How Likely Is It? R Data About Us R Covering and Surrounding R Data About Us R Shapes and Designs R Covering and Surrounding R Bits and Pieces III R Data About Us R Variables and Patterns R Stretching and Shrinking R Comparing and Scaling R Moving Straight Ahead R Filling and Wrapping R Data Distributions R Variables and Patterns R Stretching and Shrinking R Comparing and Scaling R Moving Straight Ahead R Data Distributions R Variables and Patterns R Comparing and Scaling R Moving Straight Ahead R Filling and Wrapping R Data Distributions R Growing, Growing, Growing R Cubes R Kaleidoscopes, Hubcaps, and Mirrors R Say It with Symbols R Growing, Growing, Growing R Cubes R Shapes of Algebra R Samples and Populations R Looking for Pythagoras R Growing, Growing, Growing R Cubes R Say It with Symbols R Samples and Populations R MATHEMATICS CONTENT simulating a problem Prime Time IM Covering and Surrounding R How Likely Is It? R Variables and Patterns R Moving Straight Ahead R What Do You Expect? R Data Distributions R Growing, Growing, Growing R Samples and Populations R try, check, revise Prime Time IM Bits and Pieces I R Shapes and Designs R Bits and Pieces II R Bits and Pieces III R How Likely Is It? R Data About Us R Stretching and Shrinking R Comparing and Scaling R Accentuate the Negative R Moving Straight Ahead R Looking for Pythagoras R Growing, Growing, Growing R Kaleidoscopes, Hubcaps, and Mirrors R Say It with Symbols R Mathematics Content of CMP2 53

53 Problem Solving Skills (cont.) Grade 6 Grade 7 Grade 8 write an equation Shapes and Designs R Covering and Surrounding R Variables and Patterns R Comparing and Scaling R Accentuate the Negative R Moving Straight Ahead R Filling and Wrapping R Growing, Growing, Growing R Cubes R Say It with Symbols R Shapes of Algebra R Reasonableness justify answers Prime Time IM Bits and Pieces I R Bits and Pieces II R Bits and Pieces III R How Likely Is It? R Data About Us R Variables and Patterns R Stretching and Shrinking R Comparing and Scaling R Accentuate the Negative R Moving Straight Ahead R Filling and Wrapping R What Do You Expect? R Growing, Growing, Growing R Kaleidoscopes, Hubcaps, and Mirrors R Say It with Symbols R Samples and Populations R make and test conjectures Prime Time IM Bits and Pieces I R Shapes and Designs R Bits and Pieces II R Bits and Pieces III R How Likely Is It? R Data About Us R Stretching and Shrinking R Comparing and Scaling R Accentuate the Negative R Moving Straight Ahead R Filling and Wrapping R What Do You Expect? R Data Distributions R Looking for Pythagoras R Kaleidoscopes, Hubcaps, and Mirrors R Shapes of Algebra R Samples and Populations R reason from graphs Covering and Surrounding R Data About Us R Variables and Patterns R Stretching and Shrinking R Comparing and Scaling R Accentuate the Negative R Moving Straight Ahead R Data Distributions R Growing, Growing, Growing R Cubes R Shapes of Algebra R Samples and Populations R recognize patterns Bits and Pieces I R Shapes and Designs R Bits and Pieces II R Bits and Pieces III R How Likely Is It? R Variables and Patterns R Stretching and Shrinking R Comparing and Scaling R Accentuate the Negative R Moving Straight Ahead R Filling and Wrapping R Data Distributions R Growing, Growing, Growing R Cubes R Kaleidoscopes, Hubcaps, and Mirrors R Say It with Symbols R Shapes of Algebra R validate conclusions using mathematical properties Prime Time IM Bits and Pieces I R Shapes and Designs R Bits and Pieces II R Covering and Surrounding R Bits and Pieces III R How Likely Is It? R Data About Us R Variables and Patterns R Stretching and Shrinking R Comparing and Scaling R Accentuate the Negative R Moving Straight Ahead R Filling and Wrapping R What Do You Expect? R Data Distributions R Looking for Pythagoras R Growing, Growing, Growing R Cubes R Kaleidoscopes, Hubcaps, and Mirrors R Say It with Symbols R Shapes of Algebra R Samples and Populations R Communication Student explanations are requested throughout in Problems, in the ACE, and in teacher questioning from the teacher s guides. 54 Implementing and Teaching Guide

54 Forsyth Preparatory Academy Instructional Calendar - Sample Explanation Day Month Date All Staff Retreat (Professional Development) Thursday August 7 All Staff Retreat (Professional Development) Friday August 8 School-Based Professional Development Tuesday August 12 School-Based Professional Development Wednesday August 13 School-Based Professional Development Thursday August 14 School-Based Professional Development Friday August 15 School-Based Professional Development Monday August 18 School-Based Professional Development Tuesday August 19 Teacher Workday/Meetings Wednesday August 20 Teacher Workday/Meetings Thursday August 21 Teacher Workday/Meetings Friday August 22 First Day of School Monday August 25 Labor Day (Holiday for All) Monday September 1 Early Release (students) - Professional Development ½ day (teachers) Wednesday September 17 Early Release (students) - Professional Development ½ day (teachers) Friday October 3 Early Release (students) - Professional Development ½ day (teachers) Wednesday October 15 No School for Students Teacher Workday & Professional Development Monday October 27 Daylight Savings Time Ends Sunday November 2 No School for Students Teacher Workday & Professional Development Tuesday November 4 No school/veterans Day Tuesday November 11 No School for Students Teacher Workday & Professional Development Wednesday November 26 Thanksgiving (Holiday for all) Thursday November 27 Thanksgiving (Holiday for all) Friday November 28 Winter Break Begins Monday December 22 Holiday Thursday January 1 Holiday Friday January 2 No School for Students Teacher Workday & Professional Development Monday January 5 School Resumes for Students Tuesday January 6 Martin Luther King s Birthday (Holiday for All) Monday January 19 No School for Students Teacher Workday & Professional Development Friday January 23 No School for Students Teacher Workday & Professional Development Monday January 27 Early Release (students) - Professional Development ½ day (teachers) Friday February 6 Early Release (students) - Professional Development ½ day (teachers) Wednesday February 18 No School for Students Teacher Professional Development Friday February 27 Early Release (students) - Professional Development ½ day (teachers) Wednesday March 18 Good Friday (Holiday for all) Friday April 3 Spring Break Mon - Thurs April 6-9 No School for Students Teacher Professional Development Friday April 10 Memorial Day (Holiday for All) Monday May 25 Last Day of School Wednesday June 17 Teacher Workday Thursday June 18 Teacher Workday Friday June 19 Teacher Workday Monday June 22

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56 PARENT-STUDENT HANDBOOK Welcome to Forsyth Preparatory Academy We are excited that you are a member of our school community! We invite you to help us in the creation of a school where everyone is valued and treated with respect and where exciting learning experiences are taking place daily.

57 School Information Mission Forsyth Preparatory Academy is dedicated to improving the lives of its students by providing authentic learning experiences in a collaborative, nurturing environment that will build a foundation for students success in school, at work, and in life. School Hours Our school is open daily from to. School Calendar Our school calendar will generally correspond to the calendar. (See calendar in the appendix of this handbook.) ARRIVAL The school doors will open at each day. No student should arrive before unless participating in the before care program. The building is not open and adult supervision is not available. BREAKFAST Breakfast is available from to AM. BICYCLE RIDERS We require all bicycle riders to follow all safety rules and cross only at cross walks and with the crossing guard. Forsyth requires bicycle helmets must be worn by children under 16 years of age. Students are to always wear a bike helmet. Park and lock bicycles in the bike compound. Always walk your bike on the school grounds. DISMISSAL TIMES The school will close at each day. All parents must pick up their children by unless the child is enrolled in the aftercare program or in after school enrichment activities. CAR RIDERS Parents unload and pick up quickly at the car circle at the front of the building. Please have your child s name tag visible in the car s windshield to speed up the pick-up time. Do not leave your car in the loading/drop off area to enter the building. Any students not picked up by will be taken to the office 1

58 to call a parent/guardian. If we are unable to contact parents, students will be sent After School Program and parents will be charged for this service. ABSENCES Each child is expected to be punctual and regular in attendance. Perfect attendance will be recognized each grading period. Students with more than two tardies per grading period or leaving early more than two times per grading period will not be eligible for this award. Absences are excused in the event of illness of the student or severe illness or death in the immediate family. Certain other absences may be excused if arrangements are made in advance with the School Director and approved. When your child returns to school after an absence, he/she is expected to provide a written excuse from a parent/guardian explaining the absence. Children who are excessively absent will be referred to the school social worker. (Please refer to our absence policy on our website) TARDINESS Students arriving after should report to the office before going to class. Parents are expected to sign them in when late. Repeated tardiness will be followed by a phone call and/or letter sent to the parent. It could result in a referral to the truancy office. Three tardies equal one unexcused absence APPOINTMENTS/LEAVING EARLY Students should only be signed out early for scheduled student related health care appointments or for emergencies. In order to leave school early, a student must bring a note from home with the date, time and parent/guardian signature. This note must be shown to the teacher and then sent to the office. Teachers are NOT allowed to release students from the classroom. Students will be released only to parent/guardians/others showing proper identification who are listed on the office clinic card and must be signed out from school in the office. No student is to leave the school grounds at any time without permission from the office. If there is someone who is not to pick up your child for any reason, notify the office in writing. Students will NOT be called down to office unless the parent/guardian is present. Students will not be released early from school without a note from a parent. BEFORE/AFTER SCHOOL CARE Before and after school care is provided for parents of students registered at the parent s expense. This program provides an affordable, safe, nurturing learning environment for children before and after school. The afternoon consists of workshops, snack times, and recreation. 2

59 The before and after care program is available from am and pm. Please visit our school website for more information VOLUNTEER REQUIREMENT Parents are required to volunteer a minimum of 10 hours per school year. If you are unable to fulfill these hours, you will be scheduled for a conference with the School Director to discuss your options. PARENT-TEACHER ASSOCIATION Parents are encouraged to join and attend at PTA meetings. General membership meeting dates will be announced at the beginning of the school year. Your active participation is vital to the success of this organization. SCHOOL EVENTS Parents are required to attend a minimum of 4 school events throughout the school year. Please note: parent/ teacher conferences do not count toward your volunteer hours or your required attendance in school events. VISITORS All visitors and parents are welcomed and encouraged to visit the school. All visitors and parents must report to the office, show a valid identification card, such as a driver s license, and receive a visitor s tag. Visits should not interrupt the regular classroom procedure in any way. Visitation to classes requires administrative approval. Eating lunch with your child in the cafeteria Guidelines: Sign in at front office, get badge after clinic card confirmation. Eat with your child inside at an available round table or eat outside. Use the picnic tables near the cafeteria only. No other students may eat outside with you unless you are the students have teacher permission. Students are to be respectful and responsible at all times. Clean up as necessary. Bus Transportation In order to use this service, parents must complete a Bus Request Form and receive approval. A child may not ride the bus unless s/he is an assigned bus student. Bus transportation will be available for students who live between 2 and 4 miles from the school. Actual bus routes and schedules will be distributed to parents 2 weeks before school starts. No one may ride a bus other than her/his assigned bus without a parental note and administrative approval. Families will 3

60 be given a copy of the bus rules. Bus privileges will be revoked if a bus student does not follow these rules. It will then become the responsibility of the parent to transport the student to school. COMMITTMENT AGREEMENT This commitment outlines the responsibilities that each person has towards helping students become successful learners in our program. Each person is to sign the form and a copy is kept on file at school. This commitment is provided to families during the first teacher conference. NEWSLETTER A newsletter will be ed weekly by the Director. It will keep you informed about the school calendar, special daytime and evening events, school improvement activities, PTA meetings and more. Teachers will send a separate newsletter COMMUNICATION Agenda/communication books will be sent home every day with students, or will be posted on each teacher s website. All important school information, student papers, and teacher notes will be posted on the website or placed inside the front cover of the agenda book. Parents, please read the contents, sign daily and return the notebook/folder to school with your child the following day. Students will be responsible for replacing lost agenda books. HABITS OF MIND/POSITIVE BEHAVIOR SYSTEM Forsyth Preparatory Academy uses habits of mind and Positive Behavior System to create an environment saturated with the character traits to be respectful, responsible, safe and on-task. Students are actively involved and responsible for their own education. They are motivated to reach goals they set for themselves and to honestly examine and evaluate their own performance. Students must show respect to themselves and to others. CONFERENCES Parents are required to attend parent/ teacher conferences to ensure success. A parent-teacher conference is one of the best ways of helping students and collaboratively gaining insights and information about their progress. Cooperation is critical for a conference to be an effective means of communication. Individual conferences between the parents and teachers may be arranged at either one s request. Conferences are usually held before and after the student s school day. Please inform the teacher if your child has any physical, emotional or personal problems that might hamper his/her learning. 4

61 HOMEWORK POLICY Homework packets go home every Friday and are due back the following Thursday. Higher student achievement gains are made when teachers assign homework and students complete the assigned work. Homework helps children assume responsibility, teaches self-discipline and helps to form good study habits. Homework is given in proportion to the child s ability, needs and grade level. Contact your child s teacher if you have homework questions or concerns. CODE OF STUDENT CONDUCT Students are expected to behave themselves at all times and show proper respect to teachers, other staff members, their classmates and to school property. Discipline Forsyth Preparatory Academy may develop policies to further define expectations of students. Some of these policies may include: 1. Process for Dealing with Put-Downs, Threats, Gossip, Exclusion, Victimization 2. Process for Dealing with Chronically Disruptive Students 3. Process for Dealing with Serious Offenses 4. Documentation and Progressive Disciplinary Procedures a. Incident Reports b. Isolated Lunch c. Suspension i. If a student is involved in any of the above serious offenses, the following things will happen: ii. A teacher or staff member will complete an incident report describing the incident. This report will be given to the School Director. iii. The School Director will investigate the incident by speaking to the staff person and any other witnesses. iv. The School Director (or her designee) will call the parents of the student who committed the serious offense and inform them that the student is suspended from school. v. The length of suspension will be based on the severity of the offense and/or the repetition of the offense. vi. A student who is suspended several times for the same offense may face expulsion procedures. d. Expulsion Dismissal/expulsion will be a last resort after numerous attempts to re-direct student behavior have failed. The School will have a zero- 5

62 tolerance policy for circumstances involving drugs, weapons, or violence. These situations may result in dismissal or expulsion. DRESS CODE Students should be in uniform every day. No student will be denied access to the School because of a lack of a school uniform. The School will carry school uniforms onsite in the School Spirit Store. Options will be provided for families who cannot afford uniforms including offering a discount on each shirt. Additionally, in extreme circumstances, uniforms from the school may be donated to some students. A parent s ability to pay for the school uniform will not be a barrier to enrollment. Uniform includes: polo and khaki shorts, skirts, skorts, pants, and jumpers. NO CARGO SHORTS OR CARGO PANTS. Students may wear jeans on Fridays with either their polo shirts or spirit shirts. Requirements for student dress in all schools are listed below: 1. Shirts may be worn on campus un-tucked as long as the shirt tail is neither too short nor too long (as determined by School staff) and as long as students maintain a neat and professional appearance. Untucked shirts will be permitted as long as the privilege is not abused. Shirts must be worn as designed, without modification. However, oxford shirts may be worn open with a modest, plain t-shirt or tank underneath in red, tan, white or black. The School reserves the right to deem T-shirts or tanks worn in this manner as inappropriate if modesty is not maintained (i.e. t-shirt too tight, mid-drift exposed, tank too low cut, or any other such issue). This privilege will also be reviewed on occasion and will remain as long as the privilege is not abused. 2. All trousers, pants or shorts must totally cover undergarments, including boxer shorts. Uniform bottoms may be long pants or Bermuda-style, long shorts in black, khaki, and plain blue denim. Girls are also permitted to wear skorts, skirts, and capri pants. The blue jeans policy is being implemented on a trial basis and may be changed at the School s sole discretion. The policy is intended to be allowed as long as the privilege is not abused. All pants must be worn at the waist. No rips, sags, tears, or embellishments are allowed. No pants with rivets, cargo pants, cargo shorts, overalls, leggings, sweat pants, short shorts or zip off style pants may be worn. 6

63 Bottoms in khaki, black or plain denim may be purchased at any location as long as they meet the above requirements. 3. Safe and appropriate footwear must be worn. Inappropriate footwear includes, but is not limited to, sandals, flip flops,roller skates, skate shoes, heavy military type boots, shoes with metal tips, and bedroom slippers. Heels must be two (2) inches or lower. EXPECTION FOR STUDENTS IS TO WEAR CLOSED TOE, CLOSED HEEL, FLAT SHOES SUCH AS SNEAKERS. This is necessary for participation in PE. 4. Students will be allowed to wear any type of outerwear to School. However, in the School building and in all classes, students will be required to wear School approved logo outer wear (available through the School) or plain red or khaki jackets or sweaters pre-approved by School staff. 5. Hair must be neat and clean with no unnatural colors (i.e. fluorescent, pink, bright green, Mohawks, etc.). No hats, bandanas, or headbands may be worn. 6. General No visible piercing other than modest earrings or studs in ears only. No visible undergarments. PLEASE VISIT THE SCHOOL SPIRIT STORE ON OUR WEBSITE TO ORDER UNIFORM SHIRTS AND SWEATERS. LOST AND FOUND A Lost & Found box is kept in the clinic. To help us locate the owners of lost items, PLEASE LABEL ALL STUDENT BELONGINGS. Periodically, lost items are donated to a local charity. MEDICATIONS School personnel may assist students in taking medication when official authorization forms are on file in the school office. Please note the following important points before bringing any type of medication to school. Prescription Medication 1. Must be in the original container with current date, dosage, name of drug, student and the physician s name clearly marked. 7

64 2. Authorization form completed and signed by the parent/guardian giving details as to the time and amount to be given to the child. 3. Parents must pick up unused medications at the end of the school year. Nonprescription Medication 1. Must be in the original container with the original label. It must be readable and have the student s name. 2. An authorization card must be signed by the Physician or Dentist and the Parent before the medication can be administered CLINIC A school clinic is maintained in the office area for temporary placement of children who become sick at school. If the child is very ill, we will contact the parent/guardian to come for him/her. Therefore it is vitally important that we have information regarding names, phone numbers and address of whom to contact in an emergency. Please do not send seriously ill students to school. FIRST AID In the event of an accident, first aid is given by authorized trained school personnel. In all cases every effort is made to contact the parent. In minor cases, ice and band aids can be given to students. In the case of a serious accident or illness, the parent/guardian is called and the child is taken to the nearest hospital emergency room. If we are unable to contact anyone, Emergency Medical Services will be summoned. It is very important that your current home and business telephone numbers, as well as two emergency contacts are always on file in the school office. HEALTH SERVICES All students entering school for the first time must have a current physical examination dated within 12 months of registration for school. An immunization record, social security number, and a birth certificate are also required. Children should not be sent to school with any communicable diseases, unidentified rash, fever or illness. In order for children to achieve their best, it is important that they get adequate sleep and practice good personal hygiene. FAMILY EDUCATIONAL RIGHTS & PRIVACY ACT (FERPA) The Family Educational Rights & Privacy Act (FERPA) is a federal law to protect the accuracy and privacy of your child s education records. A parent or guardian 8

65 may arrange an appointment with the School Director to review his/her child/s records. EMERGENCY DRILLS In accordance with state laws, fire drills are held each month. Lockdown and tornado drills are also held periodically. Visitors in the building during a drill should follow procedures posted throughout the building. Students are issued an emergency tag which is kept by the classroom teacher. FIELD TRIPS All field trips are an extension of what is being studied in the classroom. Trips are approved by the School Director. An approved permission slip must be signed by a parent/guardian before a student can go on a field trip. Telephone permission is not acceptable. A student without a signed permission will be left behind at school. Children not registered at Forsyth Preparatory may not attend the field trip. Often parents/guardians are asked to drive and/or chaperone on field trips. Drivers must fill out an insurance form to be kept on file at school. Chaperones and drivers must be registered and approved as volunteers at the school at least two weeks prior to the field trip. CAFETERIA Forsyth Preparatory Academy offers lunch to all students. Students may opt to purchase a lunch daily or bring a lunch from home. Applications for free and reduced meals are available in the office. An application must be completed for each child in the family. Applications may be submitted at any time throughout the school year. Please do not send soft drinks or candy for lunch as we encourage healthy eating habits. Each student is expected to practice good manners and courteous behaviors while eating in the cafeteria. CANDY, GUM & SODA Foods of Minimal Nutritional Value such as candy, gum and soda are not permitted. We encourage healthy food and snacks at school. Snack suggestions include fresh fruits, fresh vegetables, raisins or other dried fruits, grains (such as unsweetened cereals, crackers, unbuttered popcorn, baked tortilla chips, pretzels, graham or animal crackers, goldfish crackers, baked chips), cereal bars, Bakery Items (Whole grain breads, bagels, English muffins, mini muffins), Beverages (bottled water, 100% fruit juices), low fat cheeses, salsa, yogurt. CELL PHONES/ELECTRONIC TOYS Forsyth Academy provides all of the technology necessary for the educational program. Accordingly, no electronic toys or games should be brought to school. These items are distracting to the learning environment. They include tape 9

66 player/recorder, CD player, radio, camera, cellular phone (including the camera that may be part of the phone), camcorder, hand held games, or MP3 player. The school is not responsible for the loss of these items. Due to special requests, a child may bring a cell phone to school. This phone is to be kept turned off and out of sight on school grounds for the entire school day. School staff is not responsible if these items are stolen, lost or broken. SPECIAL ACTIVITIES The entire school day is dedicated to instruction. Parties will not be held, as this takes time away from the instructional day. Activities and refreshments relating to classroom instruction and celebration of students successes may be arranged with the School Director s approval. All food must be purchased from a store or bakery and foods of Minimal Nutritional Value such as candy, gum, and soda are not permitted. Teachers may deviate from this policy no more than three times per year and at these agreed upon days: Friday afternoon before Winter Holidays, Valentine s Day, and the last day of school. TELEPHONE Telephone messages regarding school business will be placed in the teacher s mailbox or sent via . Teachers will not be called from the classroom to answer a phone call unless an emergency exists. Students are NOT permitted to receive phone calls. Students use of the phone is for EMERGENCIES ONLY. Parents, please plan ahead with your children so that it will not be necessary for them to use the school phone after dismissal. Have a Rainy Day plan for walkers and bike riders. TEXTBOOKS/LIBRARY BOOKS All textbooks and library books are loaned to students free of charge. They are responsible for lost or damaged books and are expected to pay for them. Students are urged to take good care of books to avoid a fine at the end of the year. TRANSFER/WITHDRAWALS Please notify the office and teacher in writing if you are transferring or moving. Return all textbooks and library books before your child leaves. Check with the school cafeteria to see if your child owes lunch money. Expectations for Parents Although Forsyth Preparatory Academy is a public school and is open to anyone living in North Carolina, it is also a school of choice. In accepting a position at this school for your child, you are choosing the curriculum design that is outlined 10

67 in our charter and you are agreeing to adhere to the principles of respect and high standards that form the basis of our school philosophy. In the interest of creating a cohesive team between teachers and parents who will work cooperatively to educate the students, we ask that you understand and abide by the following expectations: 1. Maintain current contact information. Parents are expected to keep their current address and contact information on file in the school office so that we can contact you immediately in case of an emergency, accident or illness, or other concern involving your child. 2. Attend important meetings and read communications. Parents are expected to attend Open House at the beginning of the school year and the Conferences. Parents are expected to read the School updates and s each week and other communications from teachers. 3. Value school attendance. Parents are expected to make sure that their child is in school every day for the entire time unless it cannot be avoided due to illness, doctor s appointment, emergency, or religious holiday. 4. Support school safety. Parents are expected to check in at the office and wear a visitor s tag when on campus in order to help us keep the campus safe from those who don t belong here. 5. Volunteer regularly. Parents are expected to volunteer one (1) hour per month (per family). There are many ways to volunteer: making phone calls, serving on a committee, participating in a fundraiser, bringing refreshments, as well as, helping in the classroom. 6. Show respect for everyone. Parents are expected to help us maintain our environment of respect among all members of the school community by communicating in an open and respectful way and trying to resolve conflicts when they arise. 7. Respect the learning environment. Parents are expected to respect the learning environment by not taking a teacher s attention off the classroom during the school day. Rather than interrupting the class, we request that you make an appointment to talk to a teacher outside of class time and leave messages on the voic system to convey information during the school day. 8. Maintain good relationships with teachers. 11

68 Parents are expected to work cooperatively with teachers and to talk directly to them if there is a problem. Going to an administrator is a last resort, not the first step. 9. Support teachers. Parents are expected to support a teacher in front of children and deal with issues privately in order to not undermine the effectiveness of the teacher. What Parents Can Expect From Teachers Teaching is one of the most challenging and rewarding professions in the world. It requires countless hours of work (outside of school time) to be an extraordinary teacher. We have a group of very creative and hardworking teachers who are committed to thematic, project-based learning. To plan and manage a curriculum like ours requires much from our teachers. (Remember to appreciate them!) This is what you can expect from them: 1. An innovative and challenging learning environment for your child. Teachers work long hours to plan and develop interesting hands-on activities for students based on the Next Generation Sunshine State Standards. They hold students to a high standard and require that they take charge of their learning and develop initiative and responsibility. They encourage and give students the opportunity to develop research skills, speaking and presentation skills, collaboration skills, and critical thinking. 2. Assessment of your child s strengths and weaknesses. All parents will receive a report every nine weeks on your child s progress, in addition to a Conference each semester. If your child uncharacteristically starts to show a lack of progress during a nine weeks period, you can expect an or a phone call to alert you. You can expect notification if your child s absences are affecting her/his academic progress. You can expect that your child will begin the RTI (Response to Intervention) process and be given the opportunity to get intensive help if there appears to be an academic difficulty. 3. Respectful interactions. At our school, we share a philosophy of respecting every individual. You can expect that you and your child will be treated with respect at all 12

69 times. We do not spank, yell at, intimidate, put down, belittle, or humiliate students; likewise, we expect that students treat teachers and classmates with respect as well. You can expect teachers to do everything possible to maintain an environment of respect among all members of the school community. 4. Open, honest communication. You can expect your child s teacher to send you information through e- mail, take-home folders, and on their website. You can expect teachers to answer your s and phone calls within a hour period (not counting weekends or emergency situations). You can expect your child s teacher to set up a special conference with you if there is a difficulty. In the elementary classes, you can expect to be notified in December if there is a danger of retention. If you believe that any teacher has not lived up to these expectations, please speak directly to that individual in an open and respectful way and try to resolve the issue. Together, we can model for our children a peaceful way to deal with conflict and solve problems. Our goal is to create a cohesive team between teachers and parents who will work cooperatively to educate the students. Policies & Procedures All school policies and procedures are the best thinking of the school community at this point in time. Policies and procedures are always in draft form and may be revised as new ideas and issues come from the students, parents, or staff. The Board of Directors must approve all policies (or changes in policies) and the school administration, with input from teachers, develops procedures for carrying out school policy. See the appendix of this handbook for diagrams on the decision-making process. A complete listing of all school policies and procedures will be posted on the school website. We anticipate that we will adopt policies in the following areas. Admissions Admissions occur through a lottery system, with a random, general lottery held once a year (in spring) for Fall openings (mostly kindergarten), and other lotteries during the year as openings become available. Any North Carolina resident who is eligible to attend a North Carolina Public School may submit an application. Children of board members, school staff and siblings of enrolled students are given first priority for open slots. Discipline 13

70 Forsyth Preparatory Academy may develop policies to further define expectations of students. Some of these policies may include: 1. Process for Dealing with Put-Downs, Threats, Gossip, Exclusion, Victimization 2. Process for Dealing with Chronically Disruptive Students 3. Process for Dealing with Serious Offenses 4. Documentation and Progressive Disciplinary Procedures a. Incident Reports b. Isolated Lunch c. Suspension i. If a student is involved in any of the above serious offenses, the following things will happen: ii. A teacher or staff member will complete an incident report describing the incident. This report will be given to the School Director. iii. The School Director will investigate the incident by speaking to the staff person and any other witnesses. iv. The School Director (or her designee) will call the parents of the student who committed the serious offense and inform them that the student is suspended from school. v. The length of suspension will be based on the severity of the offense and/or the repetition of the offense. vi. A student who is suspended several times for the same offense may face expulsion procedures. d. Expulsion Dismissal/expulsion will be a last resort after numerous attempts to re-direct student behavior have failed. The School will have a zerotolerance policy for circumstances involving drugs, weapons, or violence. These situations may result in dismissal or expulsion. 14

71 Acknowledgment of Parent Student Handbook Student s Name: Parent s/ Guardian s name We have read and understand all of the information contained in the Parent- Student Handbook including safety procedures and academic standards. We agree to abide by and support the School s rules and regulations as outlined in the Student/Parent Handbook. We agree to volunteer at the school, or assist the school in fundraising or related events for a minimum of one (1) hour per month. Agreed to by: Student s Signature Date Parent/Guardian Signature Date This agreement will be placed into the student s file. **Not receiving this signed agreement will be cause for nonenrollment at the school. 15

72 Forsyth Preparatory Academy Forsyth Preparatory Academy Board of Directors Newpoint Education Partners School Director Clerical Staff Custodial Staff Assistant Director Parent-Teacher Organization (Advisory Only) Classroom Teachers Special Education Teacher(s) Resource and Specialty Teachers Educational Assistants

73 ARTICLE I NAME AND OFFICES Section 1. Name Section 2. Principal Office Section 3. Registered Office Section 4. Other Offices ARTICLE II - PURPOSES ARTICLE III - MEMBERSHIP ARTICLE IV - BOARD OF DIRECTORS Section 1. General Powers and Functions Section 2. Number, Voting Rights and Terms Section 3. Nominations Section 4. Elections Section 5. Resignation and Removal Section 6. Ex-Officio Members BYLAWS OF TRIAD EDUCATION ORGANIZATION ARTICLE V - BOARD OF DIRECTORS MEETINGS Section 1. Annual Meeting Section 2. Attendance by Remote Communication Section 3. Quorum Section 4. Regular Meetings Section 5. Special Meetings Section 6. Actions Without Meetings Section 7. Open Meetings and Public Records Laws Section 9. Attendance Section 10. Manner of Acting Section 11. Presumption of Assent Section 12. Conduct of Meetings ARTICLE VI - OFFICERS Section 1. Officers Section 2. Nominations Section 3. Elections Section 4. Chairman Section 5. Vice Chairman Section 6. Treasurer Section 7. Secretary Section 8. Assistant Officers Section 9. Resignation and Removal of Officers 1

74 ARTICLE VII COMMITTEES Section 1. General Provisions Section 2. Standing Committees Section 3. Nominating Committee Section 4. Executive Committee Section 5. Finance Committee ARTICLE VIII CONDUCT STANDARDS ARTICLE IX - CONFLICT OF INTEREST Section 1. General Provisions Section 2. Statutory Requirements Section 3. Definitions Section 4. Procedures Section 5. Records of Proceedings Section 6. Compensation Section 7. Annual Statements Section 8. Periodic Reviews Section 9. Use of Outside Experts ARTICLE X MANAGEMENT AND FINANCES Section 1. Funds Section 2. Administration Section 3. Investments Section 4. Rejection of Gifts Section 5. Other Powers ARTICLE XI CONTRACTS, LOANS AND DEPOSITS Section 1. Contracts Section 2. Loans Section 3. Checks and Drafts Section 4. Deposits Section 5. No State Indebtedness by Contract ARTICLE XII - INDEMNIFICATION Section 1. Definitions Section 2. Statement of Intent Section 3. Indemnification Section 4. Determination Section 5. Advances for Expenses Section 6. Reliance and Consideration Section 7. Insurance Section 8. Savings Clause 2

75 Section 9. Emergency Bylaws ARTICLE XIII - AMENDMENTS ARTICLE XIV DISSOLUTION AND DISTRIBUTION ARTICLE XV - MISCELLANEOUS Section 1 Fiscal Year and Audits Section 2. Net Earnings 3

76 ARTICLE I NAME AND OFFICES SECTION 1. NAME. The name of the corporation shall be Triad Education Organization (hereafter, the Corporation or School.) SECTION 2. PRINCIPAL OFFICE. The principal office shall be at 212 Matthews St., Suite 102, Matthews, Union County, NC SECTION 3. REGISTERED OFFICE. The registered office of the Corporation required by law to be maintained in the State of North Carolina may be, but need not be, identical to the principal office of the Corporation. The address of the registered office may be changed from time to time by the Board of Directors. SECTION 4. OTHER OFFICES. The Corporation may, from time to time, have offices at such places, either within or outside the State of North Carolina, as the Board of Directors may designate or as the business of the Corporation may require. ARTICLE II PURPOSES The purposes for which the Corporation is organized are to engage in all lawful activities in which nonprofit Corporations may engage under the North Carolina Nonprofit Corporation Act (as it may be amended from time to time), including, but not limited to, the following: (a) (b) To seek, and if approved, to operate the Corporation as a North Carolina charter school, to be chartered under Section 115C A et seq. of the North Carolina General Statutes (the North Carolina Charter School Act ); and To engage in any and all other lawful activities that are appropriate to carry out and fulfill any or all of the foregoing purposes. The Corporation shall have no members. ARTICLE III: MEMBERSHIP ARTICLE IV BOARD OF DIRECTORS SECTION 1. GENERAL POWERS AND FUNCTIONS. Except as otherwise provided in the Articles of Incorporation or in these Bylaws, all the corporate powers shall be and are hereby vested in and shall be exercised by the Board of Directors. The Board of Directors may by general resolution delegate to 4

77 committees of their own number such powers as they may see fit. The Board of Directors shall appoint such additional employees of the Corporation, as distinguished from the Chairman and officers of the Corporation, as they may desire. The primary function of the Board of Directors is to set policy and provide general oversight of the School s operations, rather than manage its day-to-day operations. Specifically, this includes the following: (a) (b) (c) (d) (e) (f) To provide general leadership and direction; To formulate policies that promote the School s mission and objectives; To govern the School in accordance with federal and state laws; To facilitate communication with the community; To ensure that the School is effectively managed and staffed; To oversee and assure proper financial and operational practices; (g) To ensure that sufficient funds and other support are sought and secured to provide for short- and long-term needs; (h) To retain necessary expertise, consulting, and contractor services and training. SECTION 2. NUMBER, VOTING RIGHTS, AND TERMS. The number of Directors of the Corporation shall be as determined from time to time by resolution of the Directors, with a minimum number of five (5) Directors except in cases of emergency or short-term exigencies. Each Director is authorized to vote on all matters, subject to the restrictions established by law, the Corporation s Articles of Incorporation, or these Bylaws. Each Director shall serve a three (3) year term, except to the extent necessary to implement a system of staggered Directorships, in which case Directors may serve terms of less than three (3) years. Each Director may serve up to two successive terms (i.e., up to nine total consecutive years) upon approval by a majority vote of the Board of Directors at its next meeting following the expiration of such Director s current term of office. SECTION 3. NOMINATIONS. At least thirty (30) days prior to the Annual Meeting of the Board of Directors, the Nominating Committee shall present to the Board of Directors a slate of nominees to be elected to serve on the Board of Directors at the Annual Meeting. Other candidates may be nominated by the Directors of the Corporation from the floor to be added to those selected by the Nominating Committee provided that the nominee s willingness to serve has been determined in advance of the nomination. SECTION 4. ELECTIONS. Voting Directors shall be elected at the Annual Meeting by a majority vote of the Directors present, provided, however, the voting members of the Board of Directors of this Corporation and/or its duly appointed Nominating Committee shall annually 5

78 recommend the names of persons for election to the Board of Directors. In the event of the death, resignation, retirement, removal or disqualification of a member of the Board of Directors during their appointed term of office, their successor shall be elected and serve only until the expiration of the term of their predecessor provided, however, any Parent Director vacancy must be filled by a parent of a student enrolled in the School. The Board of Directors shall have the power to temporarily fill, at its discretion, vacancies occurring on the Board of Directors by appointment. SECTION 5. RESIGNATION AND REMOVAL. Any director may resign but, as feasible, should provide reasonable advanced written notice of at least thirty 30 days of such resignation. Any director may be removed at any time for just cause by a majority vote of the directors then in office at a duly called meeting. Just cause shall include, without limitation, conduct such as neglect of duty, failure to fulfill the duties of a board member, failure to comply with Corporate requirements or policies, conduct unbecoming of a board member or that substantially threatens the integrity or reputation of the Corporation, acts of immorality, conviction of a crime, or charges of criminal behavior or other conduct for which there is substantial evidence of wrongdoing. Any director may be removed at any time without cause by a two-thirds vote of the directors then in office at a duly called meeting. If any Director resigns or is removed, a new Director may be elected to fill the remaining term at the same meeting of the Board of Directors. SECTION 6. EX-OFFICIO MEMBERS AND NON-VOTING MEMBERS. There may be ex-officio and non-voting members of the Board of Directors as are elected by a majority vote of the Board of Directors at any meeting of such Board. The participating in board matters and meetings by such members shall be determined by majority of voting Board members. ARTICLE V BOARD OF DIRECTORS MEETINGS SECTION 1. ANNUAL MEETING. An annual meeting of the Board of Directors of this Corporation shall normally take place in July and no later one hundred twenty (120) days after the end of each fiscal year of the Corporation on a date determined by the Board of Directors, at a place designated by the Chairman of the Board of Directors. Notice of the time and place of such meeting shall be given in writing at least two (2) weeks in advance, unless such actual notice is not required by the laws of the State of North Carolina or these Bylaws for the validity of the Directors' actions at such meeting. SECTION 2. ATTENDANCE BY REMOTE COMMUNICATION. Any or all Directors may participate in a meeting by, or conduct the meeting through the use of, any reasonable and legal means of communication by which all Directors participating in the meeting may simultaneously hear each other during the meeting. A Director participating in a meeting by this means is deemed present in person at the meeting unless otherwise determined by the Board or required by law. SECTION 3. QUORUM. Except as otherwise provided by law, the Articles of Incorporation of the Corporation or these Bylaws, a quorum of the Board of Directors consists of a majority of the Directors in office immediately before a meeting begins. In no event may these Bylaws or any 6

79 resolution adopted pursuant to these Bylaws authorize a quorum of fewer than one-third of the number of Directors then in office, except in emergencies requiring action by a majority of the available Board members for the good of the School, only after reasonable efforts to notify and convene all Board members. SECTION 4. REGULAR MEETINGS. The Board of Directors shall meet at least quarterly each year and hold regular meetings at such times as the Chairman or his designee determines. At least ten (10) days advance written notice shall be given for each meeting, unless such actual notice is not required by the laws of the State of North Carolina or these Bylaws for the validity of the Directors' actions at such meeting. SECTION 5. SPECIAL MEETINGS. Special meetings of the Board of Directors for a specific purpose may be called at any time by its Chairman or by the request of at least two (2) members of the Board of Directors. The specific purpose must be stated in the notice and no other business shall be transacted at the special meeting. Unless actual notice is not required by the laws of the State of North Carolina or these Bylaws for the validity of the Directors actions at any such special meeting, notice must be given not less than forty-eight (48) hours prior to any special meeting. Such notice may be given by any usual means of communication. Meetings shall be held at a place and at such time as shall be fixed by the Chairman or Board of Directors members calling the meeting. SECTION 6. ACTIONS WITHOUT MEETINGS. Any action required or permitted to be taken by the Board of Directors at a meeting may be taken without a meeting by vote of the Directors represented by one or more written consent describing the action so taken, signed by or reasonably affirmed by receipt of from each Director, and filed with the Board Secretary and included in or filed with the corporate records. For the purpose of this Article V.7, "written consent" includes consent by members of the Board in electronic form and delivered by electronic mail. Any Board action without a meeting shall conform to all open meetings notice and public records requirements under state law. Action taken under this section is effective when the last director returns his/her consent form, unless the consent form specifies a different effective date. SECTION 7. OPEN MEETINGS AND PUBLIC RECORDS LAWS. All meetings of the Board shall at at all times be in compliance with Article 33C of Chapter 143 (Open Meetings) and Chapter 132 (Public Records) of the North Carolina General Statutes. SECTION 9. ATTENDANCE. All Directors are expected to attend all meetings. Failure to regularly attend meetings may subject a Director to removal. SECTION 10. MANNER OF ACTING. Except as otherwise provided in these Bylaws, the act of the majority of the members of the Board of Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors. If a quorum is present at the commencement of a Board meeting, the validity of the acts of the Board at that meeting cannot be defeated if the number of Directors thereafter present is reduced below the number which constitutes a quorum, 7

80 provided that no less than three members of the Board vote in favor of any action. SECTION 11. PRESUMPTION OF ASSENT. A member of the Board of Directors of the Corporation who is present at a meeting of the Board of Directors at which action on any corporate matter is taken shall be presumed to have assented to the action taken unless his contrary vote is recorded or his dissent is otherwise entered in the minutes of the meeting or unless he shall file his written dissent to such action with the person acting as the secretary of the meeting before the adjournment thereof or shall forward such dissent by registered mail to the Secretary of the Corporation immediately after the adjournment of the meeting. Such right to dissent shall not apply to a Director who voted in favor of such action. SECTION 12. CONDUCT OF MEETINGS. The Chairman shall cause to be prepared and forwarded to the members of the Board, prior to any regular meeting of the Board, an agenda containing the items to be voted upon at the regular meeting. Neither failure of the Chairman to prepare nor the failure of a member of the Board to receive a copy of the proposed agenda shall affect the validity of any vote taken at such meeting. The Board may consider at any meeting such business as may properly come before it notwithstanding the fact that the subject was not listed on the agenda. ARTICLE VI SECTION 1. OFFICERS. Officers of the Corporation shall consist of a Chairman, a Vice Chairman, a Secretary, and a Treasurer and other officers as the Board of Directors may from time to time elect. The Board shall have the right to create such additional offices as it deems beneficial to the Corporation. Except for Chairman and Vice Chairman, the Board has the right to combine offices into one, such as Secretary and Treasurer. No person may hold more than one office at the same time, except as noted above with Secretary/Treasurer. SECTION 2. NOMINATIONS. In the event the Board of Directors has appointed a nominating committee to act, such committee shall present a slate of candidates for each office to be filled at least thirty (30) days prior to the Annual Meeting. Other candidates may be nominated by the Board of Directors from the floor to be added to those selected by the Nominating Committee provided that the nominee s willingness to serve has been determined in advance of the nomination. SECTION 3. ELECTIONS. Officers shall be elected at the Annual Meeting of the Board of Directors by a majority in number of the members of the Board of Directors present. Officers shall assume their duties immediately after the Annual Meeting and shall serve for a one (1) year term and until their successors are duly elected and qualified, unless such terms are otherwise designated by separate resolution of the Board of Directors. SECTION 4. CHAIRMAN. The Chairman shall be a Director and preside at all meetings, shall make reports to the Board of Directors and shall perform all such other duties as are incident to his/her office or may properly be required of him/her by the Board of Directors. He/She shall be, ex 8

81 officio, a member of all committees. SECTION 5. VICE CHAIRMAN. In the absence of the Chairman of the Board of Directors or in the event of his or her death, inability or refusal to act, the Vice Chairman of the Board of Directors shall perform the duties of the Chairman of the Board of Directors, and when so acting shall have all the powers of and be subject to all the restrictions, as may be applicable, upon the Chairman of the Board of Directors. However, in the event of the death or incapacity of the Chairman, a new Chairman shall be elected as soon as possible by the Board of Directors. SECTION 6. TREASURER. The Treasurer shall: (a) have charge and custody of and be responsible for all funds and securities of the Corporation; receive and give receipts for monies due and payable to the Corporation from any source whatsoever; and deposit all such monies in the name of the Corporation in such depositories as shall be selected in accordance with the provisions of these Bylaws; (b) prepare, or cause to be prepared, a true statement of the Corporation's assets and liabilities as of the close of each fiscal year, and a statement of the Corporation's gross receipts and all expenses for such fiscal year, all in reasonable detail, which statements shall be made and filed at the Corporation's registered office or principal place of business in the State of North Carolina within three (3) months after the end of such fiscal year and thereat kept available for a period of at least ten (10) years; and (c) in general, perform all of the duties incident to the office of Treasurer and such other duties as from time to time may be assigned to him/her by the Chairman or by the Board of Directors, or by these Bylaws. SECTION 7. SECRETARY. The Secretary shall: (a) keep the minutes of the meetings of the Board of Directors and of all Board of Directors in one or more books provided for that purpose; (b) see that all notices are duly given in accordance with the provisions of these Bylaws or as required by law; (c) be custodian of the corporate records and of the seal of the Corporation and see that the seal of the Corporation is affixed to all documents the execution of which on behalf of the Corporation under its seal is duly authorized; and (d) in general, perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to him/her by the Chairman or by the Board of Directors. SECTION 8. ASSISTANT OFFICERS. Assistant Secretaries or Assistant Treasurers, as may be elected by the Board of Directors, shall perform the duties and exercise the powers of the 9

82 Secretary or the Treasurer, respectively, in their absence, and shall perform such other duties incident to their office as may properly be required by the Board of Directors. SECTION 9. RESIGNATION AND REMOVAL. Any officer may resign his position but, as feasible, should provide reasonable advanced written notice of at least thirty 30 days of such resignation. Any officer may be removed from serving as an officer at any time for just cause by a majority vote of the directors then in office at a duly called meeting. Just cause shall include, without limitation, conduct such as neglect of duty, failure to fulfill the duties of a board member, failure to comply with Corporate requirements or policies, conduct unbecoming of a board member or that substantially threatens the integrity or reputation of the Corporation, acts of immorality, conviction of a crime, or charges of criminal behavior or other conduct for which there is substantial evidence of wrongdoing. Any officer may be removed at any time for his office without cause by a two-thirds vote of the directors then in office at a duly called meeting. If any officer resigns or is removed from his office, a new officer may be elected to fill the remaining term at the same meeting of the Board of Directors ARTICLE VII COMMITTEES SECTION 1. GENERAL PROVISIONS. In accordance with G.S. 55A-8-25, The Board may create one or more committees and appoint members to serve on them. Each committee shall have two or more members, who serve at the pleasure of the Board. The creation of a committee and appointment of members to it shall be approved by a majority of all the Directors in office when the action is taken. The designation of any committee and the delegation thereto of authority shall not operate to relieve the Board of Directors, or any member thereof, of any responsibility or liability imposed upon it or him/her by law. The Chairman shall be an ex-officio, non-voting member of all committees. No committee may be comprised of Board members, the total of which equals or exceeds a quorum of the entire Board. SECTION 2. STANDING COMMITTEES. The Board may appoint standing committees. These may, but are not required to include a Nominating Committee, Executive Committee, Finance Committee, Education Committee, Long Range Planning and Development Committee, and the Building and Grounds Committee. The terms of all members of any standing committees shall expire at the time of the first monthly meeting following the annual meeting or until their successors are appointed or elected and qualified. Standing committee members shall include at least one Board member. The Chairman shall be an ex-officio non-voting member of all committees. All standing committees shall report their activities to the Board of Directors as requested by the Chairman and shall make recommendations directly to the Board on matters referred to them or falling within their respective fields of responsibility. All standing committees shall keep a record of their business and submit them to the Board when requested. SECTION 3. NOMINATING COMMITTEE. The Nominating Committee shall propose and submit to the Board of Directors names of persons nominated for election as Directors, as officers of the Corporation, and as members of the Executive Committee. 10

83 SECTION 4. EXECUTIVE COMMITTEE. (a) Membership. The Executive Committee may consist of three (3) to five (5) members, including the Board Chairman and Vice Chairman and any other Board Members and non- Board members who shall be elected by the Board. The number of Board members on the Executive Committee shall not equal or exceed a quorum of the entire Board. The Board may, by resolution, change the number of members on the Executive Committee. The names of nominees to fill any vacancy on the Executive Committee shall be published at least thirty (30) days prior to the meeting at which the election is conducted. Any Director shall be entitled to nominate a number of persons equal to the number of vacancies on the Executive Committee. (b) Officers. The Chairman of the Board shall be Chairman of the Executive Committee and preside at all meetings. The Vice Chairman of the Board shall be Vice Chairman of the Executive Committee and preside in the absence of the Chairman. (c) Meetings. Meetings of the Executive Committee shall be held at the call of the Chairman, or at the call of the Vice Chairman and one other member of the Executive Committee. Notice of the time and place of any meeting of the Executive Committee shall, whenever practical, be provided by telephone, or telefax to all members at least twenty-four (24) hours prior to the time of the meeting. If notice is mailed, the notice must be mailed at least seventy-two (72) hours prior to the time of the meeting. Any member of the Executive Committee may provide written notice that he or she waives the notice requirements hereinabove set forth. Attendance by a member at any meeting of the Executive Committee shall constitute a waiver of notice of such meeting, except where such member attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. (d) members. Quorum. A quorum of the Executive Committee shall consist of a majority of its (e) Powers. The Executive Committee shall have such powers and authorities as are expressly delegated to it by the Board of Directors, and those powers that are incidental to the expressly conferred powers, and necessary to enable the Executive Committee to exercise such expressly delegated powers and authorities. (f) Report of Activities. The Executive Committee shall maintain minutes of its meetings and records of all actions taken by it, and shall promptly provide copies of such minutes to the Corporation s Secretary, who shall forward copies to all Directors. SECTION 5. FINANCE COMMITTEE. The Treasurer shall serve as Chair of the Finance Committee, which shall be made up of not more than five (5) members of which at least two shall be Board members who shall be duly elected members of the Board of Directors. The Committee shall: 11

84 (a) (b) Review major financial or property transactions. Have charge of invested funds of the school. (1) Have authority to direct changes in investment by custodians of funds. (2) Recommend a change in investment counsel. (c) Committee. Report at each regular meeting of the Board and as needed to the Executive (1) Recommend action to the Board in subsections (a) and (c)(2) above. (2) Recommend action to the Executive Committee on subsection (b) above. (c) Perform other duties reasonably necessary to carry out its functions. ARTICLE VIII CONDUCT STANDARDS Directors shall conduct themselves and the performance of their Board duties in accordance with G.S. 55A-8-30 and as otherwise regulated by law or Board policy or action. (a) A Director shall discharge his duties as a Director, including his duties as a member of a committee: (1) In good faith; (2) With the care an ordinarily prudent person in a like position would exercise under similar circumstances; and (3) In a manner the Director reasonably believes to be in the best interests of the Corporation. (b) In discharging his duties, a Director is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by: (1) One or more officers or employees of the Corporation whom the Director reasonably believes to be reliable and competent in the matters presented; (2) Legal counsel, public accountants, or other persons as to matters the Director reasonably believes are within their professional or expert competence; or (3) A committee of the Board of which he is not a member if the Director reasonably believes the committee merits confidence. 12

85 (c) A Director is not entitled to the benefit of subsection (b) of this section if he has actual knowledge concerning the matter in question that makes reliance otherwise permitted by subsection (b) of this section unwarranted. (d) A Director is not liable for any action taken as a Director, or any failure to take any action, if he performed the duties of his office in compliance with this section. (e) A Director's personal liability for monetary damages for breach of a duty as a Director may be limited or eliminated only to the extent provided in G.S. 55A-8-60 or permitted in G.S. 55A-2-02(b)(4), and a Director may be entitled to indemnification against liability and expenses pursuant to Part 5 of Article 8 of Chapter 55A of the General Statutes (f) A Director shall not be deemed to be a trustee with respect to the Corporation or with respect to any property held or administered by the Corporation, including without limit, property that may be subject to restrictions imposed by the donor or transferor of such property. ARTICLE IX CONFLICT OF INTEREST SECTION 1. GENERAL PROVISIONS. Directors shall avoid improper conduct arising from conflicts of interest and shall abide by all legal requirements governing conflicts of interests, including G.S. 55A If any Director has or may have a conflict of interest in a matter pending before the Board, such member shall fully disclose to the Board the nature of the conflict or potential conflict. No transaction may be approved if it would constitute selfdealing. SECTION 2. STATUTORY REQUIREMENTS. Board practice regarding conflicts of interest shall be governed ultimately by G.S. 55A-8-31, as amended or replaced at any time subsequent to the adoption of these Bylaws. Specific statutory requirements include the following. (a) A conflict of interest transaction is a transaction with the Corporation in which a Director of the Corporation has a direct or indirect interest. A conflict of interest transaction is not voidable by the Corporation solely because of the Director's interest in the transaction if any one of the following is true: (1) The material facts of the transaction and the Director's interest were disclosed or known to the Board of Directors or a committee of the Board and the Board or committee authorized, approved, or ratified the transaction; (2) The material facts of the transaction and the Director's interest were disclosed or known to the members entitled to vote and they authorized, approved, or 13

86 ratified the transaction; or (3) The transaction was fair to the Corporation. (b) A Director of the Corporation has an indirect interest in a transaction if: (1) Another entity in which he has a material financial interest or in which he is a general partner is a party to the transaction; or (2) Another entity of which he is a Director, officer, or trustee is a party to the transaction and the transaction is or should be considered by the Board of Directors of the Corporation. (c) For purposes of subdivision (a)(1) of this section, a conflict of interest transaction is authorized, approved, or ratified if it receives the affirmative vote of a majority of the Directors on the Board of Directors (or on the committee) who have no direct or indirect interest in the transaction, but a transaction shall not be authorized, approved, or ratified under this section by a single Director. If a majority of the Directors who have no direct or indirect interest in the transaction vote to authorize, approve, or ratify the transaction, a quorum is present for the purpose of taking action under this section. The presence of, or a vote cast by, a Director with a direct or indirect interest in the transaction does not affect the validity of any action taken under subdivision (a)(1) of this section if the transaction is otherwise authorized, approved, or ratified as provided in that subdivision. (d) For purposes of subdivision (a)(2) of this section, a conflict of interest transaction is authorized, approved, or ratified by the members if it receives a majority of the votes entitled to be counted under this subsection. Votes cast by or voted under the control of a Director who has a direct or indirect interest in the transaction, and votes cast by or voted under the control of an entity described in subdivision (b)(1) of this section, shall not be counted in a vote of members to determine whether to authorize, approve, or ratify a conflict of interest transaction under subdivision (a)(2) of this section. The vote of these members, however, is counted in determining whether the transaction is approved under other sections of this Chapter. A majority of the votes, whether or not present, that are entitled to be cast in a vote on the transaction under this subsection constitutes a quorum for the purpose of taking action under this section. (e) The Articles of Incorporation, Bylaws, or a resolution of the Board may impose additional requirements on conflict of interest transactions. SECTION 3. DEFINITIONS. (a) Interested Person. Any Director, principal officer, or member of a committee with Board-delegated powers, who has a direct or indirect financial interest, as defined below, is an interested person. 14

87 (b) Financial Interest. A person has a financial interest if the person has, directly or indirectly, through business, investment, or family: (1) An ownership or investment interest in any entity with which the Corporation has a transaction or arrangement, (2) A compensation arrangement with the Corporation or with any entity or individual with which the Corporation has a transaction or arrangement, or (3) A potential ownership or investment interest in, or compensation arrangement with, any entity or individual with which the Corporation is negotiating a transaction or arrangement. Compensation includes direct and indirect remuneration as well as gifts or favors that are not insubstantial. SECTION 4. PROCEDURES. (a) Duty to Disclose. In connection with any actual or possible conflict of interest, an interested person must disclose the existence of the financial interest and be given the opportunity to disclose all material facts to the Directors and members of committees with board-delegated powers considering the proposed transaction or arrangement. (b) Determining Whether a Conflict of Interest Exists. After disclosure of the financial interest and all material facts, and after any discussion with the interested person, he/she shall leave the Board or committee meeting while the determination of a conflict of interest is discussed and voted upon. The remaining Board or committee members shall decide if a conflict of interest exists. (c) Procedures for Addressing the Conflict of Interest. (1) An interested person may make a presentation to the Board of Directors or committee meeting, but after the presentation, he/she shall leave the meeting during the discussion of, and the vote on, the transaction or arrangement involving the possible conflict of interest. (2) The Chairman of the Board of Directors, or the chair of the committee if a committee meeting is appropriate, shall appoint a disinterested person or committee to investigate alternatives to the proposed transaction or arrangement. (3) After exercising due diligence, the Board or committee shall determine whether the Corporation can obtain, with reasonable efforts, a more advantageous transaction or arrangement from a person or entity that would not give rise to a conflict of interest. (4) If a more advantageous transaction or arrangement is not reasonably possible 15

88 under circumstances not producing a conflict of interest, the Board or committee shall determine by a majority vote of the disinterested members whether the transaction or arrangement is in the Corporation s best interest, for its own benefit, and whether it is fair and reasonable. In conformity with the above determination it shall make its decision as to whether to enter into the transaction or arrangement. (d) Violations of the Conflicts of Interest Policy. (1) If the Board of Directors or one of its committees has reasonable cause to believe a member has failed to disclose actual or a foreseeable conflicts of interest, it shall inform the member of the basis for such belief and afford the member an opportunity to explain the alleged failure to disclose. (2) If, after hearing the member s response and after making further investigation as warranted by the circumstances, the Board or committee determines the member has failed to disclose an actual or possible conflict of interest, it shall take appropriate disciplinary or corrective action. SECTION 4. RECORDS OF PROCEEDINGS. The minutes of the Board of Directors and all committees with Board-delegated powers shall contain: (a) The names of the persons who disclosed or otherwise were found to have a financial interest in connection with an actual or possible conflict of interest, the nature of the financial interest, any action taken to determine whether a conflict of interest was present, and the decision of the Board or committee as to whether a conflict of interest in fact existed. (b) The names of the persons who were present for discussions and votes relating to the transaction or arrangement, the content of the discussion, including any alternatives to the proposed transaction or arrangement, and a record of any votes taken in connection with the proceedings. SECTION 6. COMPENSATION. (a) A voting member of the Board of Directors who receives compensation, directly or indirectly, from the Corporation for services is precluded from voting on matters pertaining to that member s compensation. (b) A voting member of any committee whose jurisdiction includes compensation matters and who receives compensation, directly or indirectly, from the Corporation for services is precluded from voting on matters pertaining to that member s compensation. (c) No voting member of the Board of Directors or any committee whose jurisdiction includes compensation matters and who receives compensation, directly or indirectly, from the Corporation, either individually or collectively, is prohibited from providing information to any committee regarding compensation. 16

89 SECTION 7. ANNUAL STATEMENTS. Each Director, principal officer and member of a committee with Board-delegated powers shall annually sign a statement that affirms such person (a) (b) (c) has received a copy of the conflicts of interest policy, has read and understands the policy, has agreed to comply with the policy, and (d) understands the Corporation is charitable and in order to maintain its federal tax exemption it must engage primarily in activities which accomplish one or more of its tax-exempt purposes. SECTION 8. PERIODIC REVIEWS. To ensure the Corporation operates in a manner consistent with charitable purposes and does not engage in activities that could jeopardize its taxexempt status, periodic reviews shall be conducted. The periodic reviews shall, at a minimum, include the following subjects: (a) Whether compensation arrangements and benefits are reasonable, based on competent survey information, and the result of arm s length bargaining. (b) Whether partnerships, joint ventures, and arrangements with management organizations conform to the Corporation s written policies, are properly recorded, reflect reasonable investment or payments for goods and services, further charitable purposes and do not result in inurement, impermissible private benefit or in an excess benefit transaction. SECTION 9. USE OF OUTSIDE EXPERTS. When conducting the periodic reviews as provided for in this Article, the Corporation may choose to employ outside experts. If outside experts are used, their use shall not relieve the Board of Directors of its responsibility for ensuring that periodic reviews are conducted. ARTICLE X MANAGEMENT AND FINANCES SECTION 1. FUNDS. The Board of Directors shall establish such funds as the Board, in its discretion, shall consider desirable to further the purposes of the Corporation. The Board of Directors may adopt such rules and policies for the establishment and maintenance of such funds as the Board of Directors may determine necessary, subject to the provisions of the Articles of Incorporation and these Bylaws. SECTION 2. ADMINISTRATION. The Board of Directors shall manage and administer in all respects the properties and funds of the Corporation in accordance with the terms of the Articles of Incorporation creating the Corporation, the provisions of the Bylaws, and all applicable laws, 17

90 obtaining and securing for such purposes such assistance, office space, force, equipment, and supplies and other aids and facilities, upon such terms as the Directors may deem necessary from time to time. SECTION 3. INVESTMENTS. The Board of Directors shall hold, use, manage, administer, and, at their discretion, dispose of the properties of the Corporation, and shall collect all incomes, revenues and profits arising there from. The funds of the Corporation arising through the receipt and collection of incomes, revenues and profits, sale of properties or otherwise, shall be invested in such properties and investments as may be determined by the Board of Directors from time to time to be fit investments for assets of the Corporation, and in the making of any investment, the Board of Directors shall not be limited to such investments as may be legal investments for fiduciaries under any present or future statute, decision, or rule of law, but the Board of Directors shall have absolute discretion in the determination of what properties constitute a suitable investment for any assets of the Corporation, subject to applicable law. SECTION 4. REJECTION OF GIFTS. Any person, firm, or Corporation shall have the privilege of making grants to the Corporation at any time by way of gift, devise, bequest, condition, or otherwise, and such additions shall be received, used and disposed of by the Board of Directors in accordance with the terms of the Articles of Incorporation and any other conditions of the gift; provided, however, that the Board of Directors shall have the power to reject any donation, grant, bequest, or devise which in the opinion of the Board of Directors is inconsistent with the charitable purposes for which the Corporation was formed or for any other reason it deems sufficient. SECTION 5. OTHER POWERS. The Board of Directors shall have and may exercise any and all other powers which are necessary or desirable in order to manage and administer the Corporation and the properties and funds thereof and carry out and perform in all respects the charitable purposes of the Corporation according to the true intent thereof. ARTICLE XI CONTRACTS, LOANS, AND DEPOSITS SECTION 1. CONTRACTS. The Board of Directors may authorize any officer or officers, agent or agents, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Corporation, and such authority may be general or confined to specific instances. SECTION 2. LOANS. No loans shall be contracted on behalf of the Corporation and no evidences of indebtedness shall be issued in its name unless authorized by a resolution of the Board of Directors. Such authority may be general or confined to specific instances. In accordance with G.S. 55A-8-32, no loan, guaranty, or other form of security shall be made or provided by the Corporation to or for the benefit of its Directors or officers. SECTION 3. CHECKS AND DRAFTS. All checks, drafts or other orders for the payment of money issued in the name of the Corporation shall be signed by such officer or officers, agent or agents of the Corporation and in such manner as shall be determined by resolution of the Board. 18

91 Endorsements for deposit to the credit of the Corporation in any of its duly authorized depositories will be made by the Treasurer or by any officer or agent who may be authorized by the Board to do so. SECTION 4. DEPOSITS. All funds of the Corporation not otherwise employed shall be deposited from time to time to the credit of the Corporation in such depositories as the Board of Directors may select. SECTION 5. NO STATE INDEBTEDNESS BY CONTRACT. As long as required by state law, no indebtedness of any kind incurred or created by the Corporation on behalf of a North Carolina Chartered School operated by the Corporation shall constitute an indebtedness of the State or its political subdivisions, and no indebtedness of the Corporation shall involve or be secured by the faith, credit, or taxing power of the State or its political subdivisions. ARTICLE XII INDEMNIFICATION OF DIRECTORS, OFFICERS AND OTHERS apply: SECTION 1. DEFINITIONS. For purposes of this Article, the following definitions shall (a) Act means the North Carolina Nonprofit Corporation Act, effective July 1, 1994, and all amendments and additions thereto. (b) Corporation means the School as a Corporation, as such term is defined in Section 55A-8-50(b)(1) of the Act. (c) Director means an individual who is or was a Director of the Corporation or an individual who, while a Director of the Corporation, is or was serving at the Corporation s request as a Director, officer, manager, partner, trustee, employee or agent of another foreign or domestic Corporation (whether a business or nonprofit Corporation), limited liability company, partnership, joint venture, trust, employee benefit plan, or other enterprise. A Director is considered to be serving as a Director, officer, manager, partner, trustee, employee or agent of an employee benefit plan at the Corporation s request if such Director s duties to the Corporation also impose duties on, or otherwise involve services by, the Director to the plan or to participants in or beneficiaries of the plan. Director includes, unless the context requires otherwise, the estate or personal representative of a Director. (d) Expenses means expenses of every kind incurred in defending a Proceeding, including, but not limited to, legal, accounting, expert and investigatory fees and expenses. (e) Indemnified Officer means an individual who is or was an officer of the Corporation appointed by the Board of Directors. An Indemnified Officer shall be entitled to indemnification hereunder to the same extent as a Director, including, without limitation, 19

92 indemnification with respect to service by the Indemnified Officer at the Corporation s request as a Director, officer, manager, partner, trustee, employee or agent of another foreign or domestic Corporation (whether a business or nonprofit Corporation), limited liability company, partnership, joint venture, trust, employee benefit plan or other enterprise. Indemnified Officer includes, unless the context requires otherwise, the estate or personal representative of an Indemnified Officer. (f) Liabilities means any obligation to pay any or all of the following: a judgment, a settlement, a penalty, a fine (including an excise tax assessed with respect to an employee benefit plan) and expenses, including, but not limited to, attorneys fees of opposing parties incurred with respect to a Proceeding. (g) Proceeding means any threatened, pending, or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, whether formal or informal, and any appeal therein (and any inquiry or investigation that could lead to such a proceeding). SECTION 2. STATEMENT OF INTENT. The Corporation shall indemnify the Directors and the Indemnified Officers to the maximum extent permitted by the Act. SECTION 3. INDEMNIFICATION. In addition to, and not in any way in limitation of, all indemnification rights and obligations otherwise provided by law, the Corporation shall indemnify and hold harmless its Directors and Indemnified Officers against all Liabilities and Expenses in any Proceeding (including, without limitation, a Proceeding brought by or on behalf of the Corporation itself) arising out of their status as Directors or officers, or their service at the Corporation s request as a Director, officer, manager, partner, trustee, employee or agent of another foreign or domestic Corporation (whether a business or nonprofit Corporation), limited liability company, partnership, joint venture, trust, employee benefit plan or other enterprise, or their activities in any such capacity. The Corporation shall also indemnify each Director and Indemnified Officer for his or her costs, expenses and attorneys fees incurred in connection with the enforcement of the rights to indemnification granted herein, if it is determined in accordance with Section 4 of this Article that the Director or Indemnified Officer is entitled to indemnification hereunder. The Corporation shall not indemnify a Director or an Indemnified Officer against Liabilities or Expenses that such person may incur on account of activities of such person which at the time taken substantially involve any of the following: (a) Acts that are known or should have reasonably been known to be in conflict with the best interests of the Corporation; (b) Acts of bad faith; (c) Acts of willful or grossly negligent misconduct in the performance of duty; 20

93 (d) Acts involving receipt of an improper personal benefit; or (e) Acts in connection with a proceeding by or in the right of the Corporation, where the person was adjudged liable to the Corporation. The Board of Directors shall have the authority to adopt such resolutions pertaining to the implementation of this Article, Section 3 as it may from time to time determine, and such resolutions shall be given full effect, even though they supplement, amplify or go beyond the provisions of this Article, Section 3 provided and to the extent that such resolution does not violate any provision of the Act or the Articles of Incorporation. This Article, Section 3 shall be construed in a manner to fully effect the purpose and intent of the resolution of the Board of Directors approving and adopting this provision. SECTION 4. DETERMINATION. The Corporation shall pay any indemnification under Section 3 of this Article in a specific case only after a determination that the Director or Indemnified Officer has met the standard of conduct set forth in Section 3 of this Article. Such determination shall be made: (a) (b) (c) by the Board of Directors by a majority vote of a quorum consisting of the members thereof not at the time parties to the Proceeding; if a quorum cannot be obtained under Section 4(a), by a majority vote of a committee duly designated by the Board of Directors (in which designation members of the Board of Directors who are parties to the Proceeding may participate), consisting solely of two or more members of the Board of Directors not at the time parties to the Proceeding; or by special legal counsel (i) selected by the Board of Directors or a committee thereof in the manner prescribed in Section 4(a) or (b), or (ii) if a quorum of the Board of Directors cannot be obtained under Section 4(a) and a committee cannot be designated under Section 4(b), selected by a majority vote of the full Board of Directors (in which selection members thereof who are parties in the Proceeding may participate). The Board of Directors shall take all such action as may be necessary and appropriate to enable the Corporation to pay the indemnification required by this Article. SECTION 5. ADVANCES FOR EXPENSES. The Expenses incurred by a Director or an Indemnified Officer in defending a Proceeding may be paid by the Corporation in advance of the final disposition of such Proceeding as authorized by the Board of Directors in the specific case upon receipt of an undertaking by or on behalf of the Director or Indemnified Officer to repay such amount unless it shall ultimately be determined that such person is entitled to be indemnified by the Corporation against such Expenses. Subject to receipt of such undertaking, the Corporation shall 21

94 make reasonable periodic advances for Expenses pursuant to this Section 5 unless the Board of Directors shall determine, in the manner provided in Section 4 of this Article and based on the facts then known, that indemnification under this Article is or will be precluded. SECTION 6. RELIANCE AND CONSIDERATION. Any Director or Indemnified Officer who at any time after the adoption of this Article serves or has served in any of the aforesaid capacities for or on behalf of the Corporation shall be deemed to be doing or to have done so in reliance upon, and as consideration for, the right of indemnification provided herein. Such right, however, shall not be exclusive of any other rights to which such person may be entitled apart from the provisions of this Article. No amendment, modification or repeal of this Article IX shall adversely affect the right of any Director or Indemnified Officer to indemnification hereunder with respect to any activities occurring prior to the time of such amendment, modification or repeal. SECTION 7. INSURANCE. The Corporation shall, as required by law, and may, beyond the requirements of the law, purchase and maintain insurance on behalf of its Directors, officers, employees and agents and those persons who were or are serving at the request of the Corporation in any capacity with another Corporation (whether a business or nonprofit Corporation), limited liability company, partnership, joint venture, trust, employee benefit plan or other enterprise against any liability asserted against or incurred by such person in any such capacity, or arising out of his or her status as such, whether or not the Corporation would have the power to indemnify such person against such liability under the provisions of this Article or otherwise. Any full or partial payment made by an insurance company under any insurance policy covering any Director, officer, employee, agent or other person identified above made to or on behalf of a person entitled to indemnification under this Article shall relieve the Corporation of its liability for indemnification provided for in this Article or otherwise to the extent of such payment, and no insurer shall have a right of subrogation against the Corporation with respect to such payment. SECTION 8. SAVINGS CLAUSE. If this Article or any portion hereof shall be invalidated on any ground by any court or agency of competent jurisdiction, then the Corporation shall nevertheless indemnify each person indemnified hereunder to the fullest extent permitted by the portion of this Article that is not invalidated and also to the fullest extent permitted or required by applicable law. SECTION 9. EMERGENCY BYLAWS. In accordance with G.S. 55A-2-07, (a) The Board may adopt, amend, or repeal Bylaws to be effective only in an emergency defined in subsection (d) of this section. The emergency Bylaws, which are subject to amendment or repeal by the members, may make all provisions necessary for managing the Corporation during the emergency, including: (1) Procedures for calling a meeting of the Board of Directors; (2) Quorum requirements for the meeting; and (3) Designation of additional or substitute Directors. 22

95 (b) All provisions of the regular Bylaws consistent with the emergency Bylaws remain effective during the emergency. The emergency Bylaws are not effective after the emergency ends. (c) Board action taken in good faith in accordance with the emergency Bylaws binds the School, and the fact that the action was taken pursuant to emergency Bylaws shall not be used to impose liability on a Director, officer, employee, or agent. (d) An emergency exists for purposes of this section if a quorum of the Corporation's Directors cannot readily be assembled because of some catastrophic event. ARTICLE XIII AMENDMENTS Amendments to these Bylaws can be made by the Board of Directors, in regular meeting assembled, either annual or special, with advance notice of at least thirty (30) days, and if special, then the purpose of the meeting with the proposed amendment or amendments must be stated in the call; provided, however, the vote of two-thirds (2/3rds) of the members of the Board of Directors then in office shall be required to amend these Bylaws unless otherwise herein expressly specified or required by law. ARTICLE XIV DISSOLUTION AND DISTRIBUTION Upon the dissolution of the Corporation, the Board of Directors shall, after paying or making provision for the payment of all of the liabilities of the Corporation, dispose of all of the assets of the Corporation as required by North Carolina law. Specifically and only as long as required by state law pursuant to N.C.G.S. 115C E(f), all net assets of the charter school purchased with public funds shall be deemed the property of the local school administrative unit in which the charter school is located. To the extent otherwise allowed by law, all assets shall be distributed for one or more exempt purposes within the meaning of Section 501(c)(3) of the Code, or the corresponding section of any future federal tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose. Any such assets not so disposed of shall be disposed of by a court of competent jurisdiction of the county in which the principal office of the Corporation is then located, exclusively for such purposes or to such organizations, as said court shall determine, which are organized and operated exclusively for such purposes. ARTICLE XV MISCELLANEOUS SECTION 1. FISCAL YEAR AND AUDITS. 23

96 (a) The fiscal year of the Corporation shall be set by the Board of Directors. (b) The books of the Corporation and of its fiscal agent shall be professionally audited annually as directed by the Board of Directors. SECTION 1. NET EARNINGS. No part of the net earnings of the Corporation shall inure to the benefit of, or be distributable to, its members, trustees, officers or other private persons, except that the Corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in the purpose clause of the Corporation s Articles of Incorporation, as may be amended from time to time. No substantial part of the activities of the Corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the Corporation shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office. Notwithstanding any other provision of this document, the Corporation shall not carry on any other activities not permitted to be carried on (a) by an organization exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or (b) by an organization, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code, or corresponding section of any future federal tax code. The undersigned persons certify the foregoing Bylaws have been adopted for the Corporation, in accordance with the requirements of the North Carolina Nonprofit Corporation Act. Dated:, 20. APPROVED BY THE BOARD OF DIRECTORS Director 24

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102 BOARD OF DIRECTORS CONFLICT OF INTERESTS AND ETHICS PROVISIONS Triad Education Organization The following provisions represent the Organization s governing bylaws and policies related to Board of Directors conflict of interest rules, guidelines and procedures. All Board members are required to conform to these in the exercise of their fiduciary duties as directors. A. ORGANIZATIONAL BYLAWS, ARTICLE SECTION 1. GENERAL PROVISIONS. Directors shall avoid improper conduct arising from conflicts of interest and shall abide by all legal requirements governing conflicts of interests, including G.S. 55A If any Director has or may have a real or apparent conflict of interest in a matter pending before the Board, such member shall fully disclose to the Board the nature of the conflict, potential or apparent conflict. No transaction may be approved if it would constitute selfdealing. SECTION 2. STATUTORY REQUIREMENTS. Board practice regarding conflicts of interest shall be governed ultimately by G.S. 55A-8-31, as amended or replaced at any time subsequent to the adoption of these Bylaws. Specific statutory requirements include the following. (a) A conflict of interest transaction is a transaction with the Corporation in which a Director of the Corporation has a direct or indirect interest. A conflict of interest transaction is not voidable by the Corporation solely because of the Director's interest in the transaction if any one of the following is true: (1) The material facts of the transaction and the Director's interest were disclosed or known to the Board of Directors or a committee of the Board and the Board or committee authorized, approved, or ratified the transaction; (2) The material facts of the transaction and the Director's interest were disclosed or known to the members entitled to vote and they authorized, approved, or ratified the transaction; or (3) The transaction was fair to the Corporation. (b) A Director of the Corporation has an indirect interest in a transaction if: (1) Another entity in which he has a material financial interest or in which he is a general partner is a party to the transaction; or (2) Another entity of which he is a Director, officer, or trustee is a party to the transaction and the transaction is or should be considered by the Board of Directors of the Corporation. Prepared by Lex-is School Law Services (Ref# ). All Rights Reserved

103 (c) For purposes of subdivision (a)(1) of this section, a conflict of interest transaction is authorized, approved, or ratified if it receives the affirmative vote of a majority of the Directors on the Board of Directors (or on the committee) who have no direct or indirect interest in the transaction, but a transaction shall not be authorized, approved, or ratified under this section by a single Director. If a majority of the Directors who have no direct or indirect interest in the transaction vote to authorize, approve, or ratify the transaction, a quorum is present for the purpose of taking action under this section. The presence of, or a vote cast by, a Director with a direct or indirect interest in the transaction does not affect the validity of any action taken under subdivision (a)(1) of this section if the transaction is otherwise authorized, approved, or ratified as provided in that subdivision. (d) For purposes of subdivision (a)(2) of this section, a conflict of interest transaction is authorized, approved, or ratified by the members if it receives a majority of the votes entitled to be counted under this subsection. Votes cast by or voted under the control of a Director who has a direct or indirect interest in the transaction, and votes cast by or voted under the control of an entity described in subdivision (b)(1) of this section, shall not be counted in a vote of members to determine whether to authorize, approve, or ratify a conflict of interest transaction under subdivision (a)(2) of this section. The vote of these members, however, is counted in determining whether the transaction is approved under other sections of this Chapter. A majority of the votes, whether or not present, that are entitled to be cast in a vote on the transaction under this subsection constitutes a quorum for the purpose of taking action under this section. (e) The Articles of Incorporation, Bylaws, or a resolution of the Board may impose additional requirements on conflict of interest transactions B. BOARD OF DIRECTOR CODE OF ETHICS POLICY The following is the Board of Directors Code of Ethics contained in Section of the Board Policy Manual. Board Member Code of Ethics Board members shall conform to the following general standards of conduct. Members shall: 1. Faithfully, competently, honestly, and fairly perform their duties in a way that best serves both Organization and student interests. 2. Publically conduct themselves in a manner that does not threaten the Organization s operations, academic integrity, safety, or reputation. 3. Observe all applicable laws and the Organization's governing and legally binding documents, including the Organization By-Laws, Charter, and contracts. 4. Seek to uphold equal educational and workplace opportunities, regardless of race, religion, sex, national origin, handicap, and other legally protected categories. 5. Comply with all public meetings and public record laws. 6. Respect and guard the confidentiality of student records, personnel files, closed session information, or other protected, sensitive, and non-public information. Prepared by Lex-is School Law Services (Ref# ). All Rights Reserved

104 7. Not act on behalf of the Board or the Organization without Board authorization, particularly in any manner that may legally bind or publicly represent the Board's interests. 8. Avoid conflicts of interests and the appearance thereof, and give prompt and unequivocal notice to the Board of any actual, potential, or apparent conflict of interest. In instances involving a Board decision that significantly affects or may significantly affect a Board member's personal interests, the Board member shall not influence, participate in, or assist in Board deliberations and decisions, unless the Board is reasonably informed in advance of that interest and approves the member's involvement. 9. Regularly attend and be reasonably prepared for Board meetings. 10. Exercise due diligence when making decisions. This includes seeking and relying on services and opinions of qualified lawyers, accountants or other experts when necessary. 11. Avoid involvement in or discussions about Organization-based disputes, investigations, and grievances to the extent feasible, prior to such matters being properly and timely presented to the Board through established policies and procedures. 12. Remain objective and unbiased, and avoid conduct or communications that may jeopardize objectivity in deciding Board matters. 13. Work collaboratively and collegially with other Board members and delegate proper authority to the Principal or other executives for the Organization's administration. 14. Not interfere in or improperly influence the Organization's operations or administration except as required by necessity or law. 15. Refer complaints and matters requiring administrative attention to the Principal, his or her designee, or other appropriate staff member. 16. Approve employment of those best qualified to serve the Organization and not for other non-meritorious reasons. 17. Diligently uphold and promote these ethical standards, including notifying the Board of any violation, anticipated or apparent violation by any other Board member. Prepared by Lex-is School Law Services (Ref# ). All Rights Reserved

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107 SCHOOL MANAGEMENT AGREEMENT THIS MANAGEMENT AGREEMENT ("Agreement") is entered into effective as of this day of, 2014, by and between Newpoint Education Partners, a Florida limited liability company ("Company") and Triad Education Organization, Inc., a North Carolina not-for-profit corporation ( Corporation or School ) by its Board of Directors (the Board ). (Collectively, the Parties ). W I T N E S S E T H: WHEREAS, the members of the Board have become aware of the increasing need for greater alternatives for children in its community desiring to receive an engaging and relevant education, which is vital to their success in life; WHEREAS, the Corporation is a North Carolina not-for-profit corporation established for the purpose of establishing and operating a North Carolina Public Charter School; WHEREAS, the Corporation is seeking authorization from the State of North Carolina ( State ) to operate a charter school pursuant to a charter agreement ( Charter ) with the State and, if such Charter is granted, to establish a charter school known as the Forsyth Preparatory Academy; WHEREAS, the School has become aware of a unique school model called Windsor which strives to provide project-based learning opportunities to prepare students for high school and life beyond; WHEREAS, the Windsor model utilizes the proprietary Windsor Educational Plan which has been developed by the Company (the Plan or Model ), and the Company has researched, developed and provides the requisite educational, managerial, financial and other consulting services necessary for the implementation of the Plan, which would not normally be available to the School from other sources; WHEREAS, the School desires to form a school organized and conducted in accordance with the Windsor model and Plan and utilizing the Program; WHEREAS, the School does not currently possess all of the requisite knowledge, skills and experience to form and operate a Windsor school; WHEREAS, the School desires the Company to provide such requisite management, educational, financial and other consulting services necessary to form and operate a Windsor Elementary school all in accordance with the Charter it seeks to enter Page 1 of 16

108 into with the State s authorizing agency, the North Carolina State Board of Education ( Authorizer or NCSBE ); and WHEREAS, the Company desires to provide the aforementioned services and other expertise referenced above with respect to the Plan. WHEREAS, the Parties are not a division, subsidiary, parent or in any way corporately associated with each other, and the relationship between the Parties hereto was developed and entered into through arms-length negotiations and is based solely on the terms of this Agreement and those of any other agreements that may exist from time to time between the Parties. NOW, THEREFORE, in consideration of their mutual promises and covenants, and intending to be legally bound hereby, the Parties hereto agree as follows: 1. Statement of Mission and Purpose. a. Mission and Purpose. The Parties acknowledge and agree that the following statement (herein referred to as the "Statement of Mission and Purpose") reflects, as of the date this Agreement is executed, that the overall principles and philosophy upon which the School is being developed and that all services to be provided and all obligations of the Parties hereunder are to be in accordance with these overriding principles: i. The School has developed a philosophy of recognizing each student as an individual, each with unique interests, aspirations, and passions. The educational program and methods utilized must be meaningful and relevant, and may differ according to the situation of each individual student. Each student must be offered the opportunity to learn at his/her own pace, and to focus on his/her unique interests to bring out his/her passion, but at the same time recognizing that he/she must reach certain milestones in each educational calendar year that support the State of North Carolina s learning requirements. ii. The School has selected a project-based community school as the model to implement this philosophy. iii. The Educational Model must offer students the ability to be challenged, and it must support remediation efforts that might be applicable. Students should not be limited in development in one subject area due to performance limits in other subject areas. iv. The School must demonstrate educational alignment with the State of North Carolina academic and assessment standards applicable to the School and must identify any specific instances of non-compliance with the standards. Further, the School must define and implement a program that will lead to compliance in a reasonable time frame. Page 2 of 16

109 v. All requirements of local, state and federal laws relating to charter/community schools must be met, and all audits relating to the demonstration of these requirements must be successfully completed, given allowance for appropriate time for documentation, reporting, analysis, and rectification of any non-compliance and complaints. 2. Term. The initial term of this Agreement shall commence on the date of full execution of this Agreement, and shall continue for a term of five (5) academic years and be renewed for another five (5) academic term (as described in the subsequent paragraphs of this section), unless terminated sooner pursuant to the terms herein. Thereafter, the parties will formally notify each other of their intent to renew the contract at least 180 days prior to the termination of the Agreement. The parties will operate under the existing Agreement for a one-year period if a new Agreement is not negotiated at the conclusion of the current Agreement. In the 5 th academic year of the Agreement, but reasonably in advance of the expiration of the 5 th year of the Agreement term, the Board shall review the Company s performance in the following components and the contract shall automatically be renewed, provided that the Company s performance is satisfactory in three of these five components, including the Financial and Academic components (numbers 1 and 2 below). 1. Finance The School will end the year with a budget surplus in each year of the Agreement 2. Academic Performance By the 5 th year of the Agreement, the School will show academic growth in two of the last three years of the Agreement. 3. Enrollment - By the 5 th academic year, the enrollment of the school will meet or exceed the targets established in the projected Year 5 annual budget. 4. Teacher - Student ratios In each year of the Agreement, the School will be staffed at no more than a 22:1 ratio for students in grades K-5 and no more than a 25:1 ratio for students in grades Regulatory compliance In each year of the Agreement the School shall be in substantial compliance with the Charter, or will be actively implementing a plan to reasonably cure any area of non-compliance. 3. Company Responsibilities. The Company shall assist the School, as its primary school management provider, in carrying out the School s educational mission, objectives, and obligations, including those pursuant to the Charter Contract, in exchange for the fees provided herein. The Company agrees to do so subject to the direction and approval of the Board, consistent with the School s best organizational, financial, and educational interests, and the Educational Model. The Company shall manage all necessary day-to-day School operation functions, including the following: a. Identify the demographics of the population of students to which the School may appeal. b. Identify necessary components of and possible ideal locations for the School s Facility. Page 3 of 16

110 c. Identify, investigate and evaluate specific options available for the School Facility in identified areas. d. When a qualified potential School Facility is located, negotiate the lease or purchase of the School Facility. e. Negotiate and/or arrange for all agreements for utilities to be used by the School, including without limitation, electricity, oil, gas, telephone, cable (TV/internet), water and waste charges ( Utilities ) and for all buildings and grounds non-personnel cleaning, maintenance and upkeep ( Upkeep ) f. Research, investigate and evaluate possible manufacturers and equipment that can assist the School to achieve its mission, educational goals and performance objectives as stated in the Charter and as reflected in the Statement of Mission and Purpose. g. Once possible alternatives are identified, perform additional due diligence regarding terms, conditions and pricing of manufacturer, equipment and competitors. h. To the extent called for in the Model applicable to the School and necessary to the operation of the School, select, and negotiate the terms of the purchase or lease of, (a) initial plant and equipment, (b) office furniture and equipment, (c) classroom furniture and equipment, (d) audio-visual, TV and projector equipment, (e) computer equipment and software, and computer room furnishings and equipment, (f) special education furnishings and equipment, (g) student lockers and coat racks, (h) laboratory furniture and equipment, (i) library furnishings and equipment, (j) athletic/gymnasium furnishings and equipment, (k) art and music furnishings and equipment, (l) kitchen/cafeteria furnishings and equipment, (m) restroom furnishings and equipment, (n) other/common area/office/teacher lounge furnishings and equipment, (o) medical, health and safety furnishings and equipment, (p) maintenance and security furnishings and equipment, and (q) other personal property necessary for the operation of the School (collectively, the Furnishings and Equipment ). i. Negotiate and propose to the Board, terms of procurement of teaching guides, curricula and aids implementing the Model, school texts implementing the Model and workbooks, paper, pencils, and like student supplies. j. Negotiate and propose terms of procurement of, and arrange for the delivery of cafeteria food and drink, vending machines and drinking water (cooler/fountain) and coffee facilities. k. Oversee day-to-day management of the School. l. Perform repeated evaluation, assessment and propose changes to provide for continuous improvement regarding implementation of and attainment of the School s Educational Model, curriculum and program. m. Perform other consulting and liaison services with governmental and quasi-governmental offices and agencies as are necessary in day-to-day operations or required by the Charter. n. Propose draft operations manuals, forms (including teacher contracts, applications, enrollment and similar forms), and management procedures, as the same are from time to time developed by the Company. o. Coordinate with other advisors engaged by the Board, including, but not limited to, legal, financial and accounting professionals. p. Provide all information and written reports reasonably requested by the Board and consistent with the Statement of Mission and Purpose, including periodic reports on student performance, copies of all reports and other materials provided to the any oversight entity and evidence of compliance with the terms of the Charter. q. Meet with and advise the Board on such frequency as the Board shall reasonably request. r. Provide members of the Board and their representatives with access at all times to inspect all School facilities, to review and audit all books and records relating to the School and the Company's performance hereunder. l Page 4 of 16

111 s. License to the School, as necessary, on a non-exclusive basis the use of the Windsor Educational Model. t. Research, investigate and evaluate possible manufacturers and technology that can assist the School to achieve its Statement of Mission and Purpose and the performance objectives as stated in the Charter. u. Once possible alternatives are identified, perform additional due diligence regarding terms, conditions and pricing of manufacturer, technology and any competitors. v. Integrate as possible the purchased technology with the curriculum and Model. w. Advise and train staff and teachers on all aspects of School operations, mission and objectives, including utilization of forms and systems, consistent with legal requirements and recognized best practices. x. Consult and advise in implementing accounting and bookkeeping systems and preparing for annual audits as required by the State or any other governmental entity having jurisdiction over the School. y. Perform quality data tracking, including but not limited to student data such as attendance, performance, etc. z. Provide periodic reports on student performance, and whether educational goals and measurements are being achieved as required by the Charter. aa. Provide access to Company supply sources (including supply sources of affiliates of the Company) to obtain centralized purchasing discounts where applicable and available. bb. Consult on physical facility layout, maintenance and capital improvements. cc. Research and recommend appropriate afterschool and extracurricular activities and field trips. dd. Assign to the School such Company or other personnel as are necessary to carry out the obligations and duties of the Company under this Agreement; such assigned Company personnel shall be permitted to use appropriate office space within the School, School personnel for administrative and clerical support, and School facilities, supplies and equipment at no cost to the Company, provided such uses are strictly on behalf o the School s best interests. ee. Determine and propose staffing levels, and evaluate, assign, discipline, transfer and terminate School personnel, subject to Board direction and approval. ff. Consistent with the Charter and state law, and subject to Board approval, select and supervise the School Administrator and hold him or her accountable for the success of the School (the School Administrator and the Company, in turn, shall normally exercise primary supervisory responsibility for all School employees, subject to Board direction and control. gg. Prior to the commencement of the first school year under this Agreement, and from time to time thereafter, determine and propose to the Board the number of teachers and the applicable grade levels and subjects required for the operation of the School, and recommend such teachers, qualified in the grade levels and subjects required, as are required by law, to the Board; the curriculum taught by such teachers shall be the curriculum recommended by the Company and approved by the Board as part of the Model. Such teachers may, in the discretion of the Company and Board, work at the School on a full or part time basis. hh. Prior to the commencement of the first school year under this Agreement, and from time to time thereafter, determine the number and functions of support staff, qualified in the areas required, as are required by the School. Such support staff may, in the discretion of the Company, work at the School on a full or part time basis. ii. Provide training in its methods, curriculum, program, and technology to all teaching personnel on a regular and continuous basis. Non-instructional personnel shall receive Page 5 of 16

112 such training as the Company determines is reasonable and necessary under the circumstances, consistent with best practices, and as required by law. jj. Inform and propose to the Board as reasonably necessary the levels of compensation and fringe benefit of any employee of the Company assigned to the School. kk. Evaluate and propose appropriate types and levels of insurance coverage for the operations of the School taking into account the activities of the School and the types and levels of insurance maintained by similarly situated schools. ll. Obtain quotes for such insurance from reputable providers and, with the approval of the School Board, purchase and at all times maintain adequate insurance coverage. mm. Suggest improvements in the School Facility as needed for the School s operations and the safety, health and welfare of the School s students. nn. To the extent called for in the Model applicable to the School and necessary to the operation of the School, negotiate agreements for the procurement of, and procure, by purchase or lease, and have delivered, installed, and, if necessary, tested, all furnishings and equipment, subject to Board approval. oo. Select and procure necessary consumables (other than food) related to each of the foregoing. pp. Arrange for and propose for Board approval, the procurement of, and to procure teaching guides, curricula and aids implementing the Model, school texts implementing the Model and workbooks, paper, pencils, and like student supplies. qq. Recruit and enroll students subject to general recruitment and admission policies. Students shall be recruited and selected in accordance with the procedures set forth in the Charter and Board-adopted policies and in compliance with all applicable laws. rr. Assist in preparation of the budget and financial reports as reasonably required and/or requested by the Board and the School s designated Fiscal Officer for submission to the School Board for approval illustrating, among other things, actual results and how those results align with the projected budgets and explaining variances. ss. Arrange for all necessary data information management services, testing, and testing analysis. tt. Assist in identifying and applying for grants. uu. Assist in spending and administering any grant funding obtained in compliance with the specific terms and conditions of said grants and participating in any audits related thereto. vv. Perform such other reasonable management and management consulting services as are from time to time requested by the School Board and mutually agreed upon by the School and the Company, including but not limited to having necessary Company representatives attend and provide information for any of the Board s meetings. ww. Coordinate community relations activities. xx. Develop and oversee an after-school and extracurricular activities and field trips. yy. Enter into employment or contractor contracts with and assume full responsibility and liability, and pay, benefits, salaries, worker s compensation, unemployment compensation, and liability insurance, per their terms of employment or engagement, for any employees who are not employed by the Board, including (a) tutors and classroom aides, (b) senior administrative personnel, counselors, librarians and IT personnel, (c) athletics, coaching and extracurricular activities personnel, (d) kitchen and clerical personnel, (e) facilities and custodial personnel, (f) health, safety and security personnel, and (g) student transportation personnel. zz. Arrange for or cooperate with the School s designated Fiscal Officer in obtaining insurance covering the Schools operations: General Casualty and Risk Insurance on the School facility in an amount not less than full replacement value. General Liability Insurance in an amount of not less than required in the Charter. Page 6 of 16

113 aaa. Perform advisory services regarding special education and special needs students, programs, processes and reimbursements through the Company s Special Education Department that focuses specifically on students with special education needs. The Company agrees to reasonably and effectively carry out its obligations in the best interests of the School. The Company shall avoid any real or apparent conflict of interest in carrying out these obligations without prior and full disclosure to and informed written consent by the Board. The Company agrees to abide by reasonable conflict of interest policies and procedures adopted by the Board. 4. School Responsibilities. The Board shall govern the School and be ultimately and legally responsible for its operation in accordance with the Charter. The Board shall work with the Company to develop reasonable and necessary policies, procedures, curriculum, and budgets that the Company shall implement and follow in providing the Educational Model. The School shall timely pay the costs and fees for which the School is responsible under the Fees Section of this Agreement. 5. Working Capital Advances by Company. During the time the Charter is in effect, the Company shall pay, in the form of an advance against future School revenues, any reasonable and properly incurred School expense under the following terms and conditions: (a) a reasonable estimate of the expense is submitted to the Company by the School and is approved by the Company, in writing, prior to the expense being incurred; (b) the School has not received funding from any source for the operation of the School sufficient to pay the School Expense; and (c) such School Expenses advanced by the Company as set forth above, shall be payable by the School, in whole or in part, at such time as the School receives revenue to pay the same and carry a cash surplus in its accounts equal to at least three months of reasonably anticipated operating expenses. Such advance shall be evidenced by a Promissory Note acceptable to the Company and the School. In no event shall any such Promissory Note provide for recourse against any member of the Board, the individual managers of the School or any other third party. 6. Educational Program. The Educational Model and program developed and provided by the Company to the School will be approved by the School, subject to any modifications agreed upon by the Parties, and may be materially adapted and modified by the Company from time to time only upon obtaining prior written approval of the Board. The School and the Company agree to work together in a reasonable and effective manner to implement any necessary change in the educational program, recognizing that an essential principle of this educational program is its flexibility, adaptability and capacity to change in the interest of continuous improvement and efficiency, provided that any such changes shall be consistent with the Statement of Mission and Purpose. 7. Subcontracts. The Company reserves the right to subcontract any and all aspects of services it agrees to provide to the School, but may only do so upon the prior written approval of the Board. The Company shall be solely responsible for all costs, expenses and fees associated with such subcontractors. Page 7 of 16

114 8. Rules and Procedures. The Company shall propose and the Board shall adopt reasonable School rules and procedures to be implemented and enforced by the Company. 9. Authority. The Company shall have the authority and power necessary to undertake its responsibilities described in this Agreement, subject at all times to the direction of the Board. 10. Fees. a. Educational Model Development Fee. The School shall pay to the Company the sum of any grants intended to cover start-up costs of the School to the extent permitted by the terms of such grants, which shall be non-refundable and deemed fully earned when paid. b. Continuing Fee. The School shall also pay a monthly continuing fee to the Company of Twelve Percent (12%) of the School's funding as provided by statute. The School s funding is defined as all Federal, State, and Local Funding received by the school. For purposes of this Agreement, the School s Funding does not include any governmental funding that is meant to be a dollar-for-dollar reimbursement for expenditures made by the School/Company, such as Lunch Program Revenues, which funding shall be paid 100% to the party incurring such expenditures for expenditures previously made. Notwithstanding the foregoing, the School will pay the Company contributions and grants not specifically referenced above received by and for the School as a result of the Company s efforts to obtain and implement the grant on behalf of the School. For Company fees and expenses incurred pursuant to this Agreement, the School may advance such fees and expenses provided that documentation for the fees and expenses are provided to the School for ratification. All distributions by the School to the Company not contemplated by this Section shall require the prior approval of the Board. c. Payment of Costs and Fees. (i) (ii) In consideration of the Continuing Fee, and except as otherwise explicitly provided in this Agreement, the costs incurred by the Company in fulfilling its responsibilities hereunder shall be borne by the Company, whether or not the fees to be paid to the Company by the School in this Section (a) and (b) are sufficient to satisfy the same. The School shall make any fee payments it owes to the Company within ten (10) calendar days of the delivery by the Company to the School of an invoice therefore, subject to any exceptions or other provisions established by this Agreement or as otherwise mutually agreed to by the Parties Wages for administrative personnel working at the School shall be borne directly by the Company and billed to School on a dollar for dollar reimbursement basis. The School shall make all such fee Page 8 of 16

115 payments to the Company within ten (10) calendar days of the delivery by the Company to the School of an invoice therefore. (iii) Except as otherwise explicitly provided in this Agreement, the School shall be liable for all direct costs associated with the operation of the School. Direct Costs include a. All Purchased Services but not limited to; Instructional Services, Professional Development from outside vendors, Health Services, Management Services, Authorizer Fees, IT Services, Board Stipends, Professional/Legal Services, Accounting & Auditing, Payroll Processing, Other Professional Services, Security Services, Garbage Removal, Equipment & Furniture Repair & Maintenance, Janitorial Services, Rental Expenses for school related functions, Lease Purchase, Other Property Services, Board Travel Expenses, Onsite School Telephones, School Postage, Postage Machine Rental, Messenger Service, Advertising, Other Communication (Internet),All Utilities, Contracted Food Services, Pupil Transportation. b. All Supplies and Materials including but not limited to; Instructional Supplies, School Office Supplies, Software Instruction, Software Admin, Food Products, Buildings Maintenance, Equipment and Furniture, Other Materials & Supplies c. All other expenses including but not limited to; Memberships, Audit fees, Bank Charges, Other Dues and Fees, Liability Insurance, Bond Premiums and Academic Extra-curricular activities. (iv) All amounts payable by the School hereunder shall, at the Company s option, be made via electronic funds transfer. The School shall cooperate with the Company to set up and establish necessary accounts and procedures. d. Survival of Obligations. All payments and obligations shall survive any expiration or termination of this Agreement until all payments properly incurred prior to the date of such expiration or termination shall have been paid in full. 11. Additional Programs. The Company shall not be obligated to provide any goods or services under the Agreement that are not explicitly agreed to with the Board. The Board and the Company may decide that the Company may provide additional programs that are not inconsistent with the Windsor principles, Charter or law. Payment for such programs or services shall be negotiated by the Parties separate and apart from this Agreement. Page 9 of 16

116 12. Termination a. Termination by the School. The School may terminate this Agreement in the event (i) the Charter is terminated or non-renewed, or (ii) the Company materially breaches this Agreement or causes a material breach of the Charter Contract and (A) the Company does not cure said material breach within 30 days of its receipt of written notice from the School, or (B) if the breach cannot be reasonably cured within 30 days, the Company does not promptly undertake and continue reasonable efforts to cure said material breach within a reasonable time. Notwithstanding the foregoing, in the event that a material breach shall be such that it creates an imminent danger to the life or health of students, parents or others, or poses a substantial risk of imminent and material harm to the operation, legal standing, of the School, said breach must be cured immediately upon written notice from the School; failure to reasonably cure such breach promptly, or begin a plan of action to cure the breach shall be grounds for immediate termination. Notwithstanding anything to the contrary, as a condition precedent to termination, should the School have a corporate or personal guaranty on a Company facility, equipment, or other obligation, the School must be relieved of this obligation by the Company to the satisfaction of the School and the party requiring the guaranty. This agreement will remain in effect until all guarantees are terminated or satisfactorily transferred to a third party so that the School will not have ongoing obligations related to a guaranty on a school facility, property, operations, or other obligations. b. Termination by the Company. The Company may, at its option, terminate this Agreement upon the occurrence of any of the following events: (i) excluding the first year of School operation, if any subsequent academic year involves a material operating deficit, as reasonably determined by the School and the Company, provided that any notice of termination delivered to the School after school opens for any school year shall not be effective until the next succeeding academic year; (ii) the School fails to pay any fees due to the Company within thirty (30) days of receiving written notice that such fees are due; (iii) the School is in material default under any other condition, term or provisions of this Agreement or the Charter, which default is not caused by an act or omission of the Company, and (A) the School does not cure said material breach within 30 days of its receipt of written notice from the Company, or (B) if the breach cannot be reasonably cured within 30 days, the School does not promptly and reasonably undertake and continue efforts to cure said material breach within a reasonable time; (iv) any decrease in regular government funding in excess of 10% of such funding for the prior academic year for the School s students provided that any notice of termination delivered to the School after school opens for education of students for any school year shall not be effective until the next succeeding academic year; or (v) any Company facility serving as the school building(s) that is or are instrumental to the implementation of the Educational Model or the day-to-day operations of the School is damaged so that, in the Company s reasonable discretion, providing, maintaining, or continuing School operations would be unfeasible, economically or practically, in the reasonable determination of the Company, provided that notice of termination is delivered by the Company to the School within sixty (60) days after the occurrence of the event(s) giving rise to such right of termination. Notwithstanding anything to the contrary, as a condition precedent to Page 10 of 16

117 termination, should the Company have a corporate or personal guaranty on the school facility, equipment, or other obligation, the Company must be relieved of this obligation by the School to the satisfaction of the Company and the party requiring the guaranty. This agreement will remain in effect until all guarantees are terminated or satisfactorily transferred to a third party so that the Company will not have ongoing obligations related to a guaranty on the school facility, property, operations, or other obligations. c. Obligation to Continue Performance. In the event that the School or the Company elects to terminate this Agreement for any of the aforementioned reasons, except for failure to pay, and upon mutual written agreement of the Parties, the School continues to pay the Company the fees due the Company pursuant to the Fees Section herein, then the Company shall continue to perform its obligations hereunder, notwithstanding such notice of termination, until the end of the then current academic year or as otherwise mutually agreed to in the aforementioned written agreement or a subsequent written agreement or amendment. In such circumstances of continuing services following notice of termination, if the School fails to continue to pay the Fees owed to the Company pursuant to Fee Section herein, the Company may terminate the Agreement after the expiration of the 30-day period for notice and cure of non-payment. 13. Duties Upon Termination. a. Upon termination of this Agreement for any reason whatsoever, the School shall (i) immediately pay to the Company and/or any of the Company s affiliates any monies owing to such person or entity, and (ii) promptly return to the Company any materials containing the Educational Model, the Company s methods of instruction or operation, which materials have not previously been paid for or developed by the School, and, subject to paragraph (b) below, all Company real and personal property, the Parties acknowledging that, subject to paragraph (b) below, all such material purchased by the Company with Company funds in furtherance of this Agreement shall be property of the Company. The Company shall reasonably assist the School in any transition of management and operations necessary for the School to fulfill its legal and educational obligations pursuant to its state charter, including, but not limited to, (i) the orderly transition of all student records and other School property, equipment and material (if any), (ii) sending notices to students as reasonably requested by the School, and (iii) at the School's option, delivering student records directly to the students. This section shall survive any expiration or termination of this Agreement. b. Upon termination of this Agreement for any reason, the School shall have the right at its sole option, exercisable by written notice to the Company delivered within 30 days of the final date of termination, to (i) have all personal property leases relating to operation of the School assigned to and assumed by the School, to the extent permitted by the terms thereof and to the extent that such a right can be negotiated into any leases, and (ii) purchase all personal property owned by the Company and used exclusively or primarily in connection with the operation of the School. The purchase price for any such owned assets acquired under clause (ii) above shall be the remaining costs basis of such Page 11 of 16

118 assets (as that term is defined below) at the time of purchase. This Section shall survive any expiration or termination of this Agreement. For purposes of this Agreement, The remaining cost basis of such personal property shall be calculated based upon the straight line method of depreciation over the life of such property, as established by the following property classifications: computers and software, three (3) years; furniture, fixtures and textbooks, five (5) years; buildings or leasehold improvements, twenty (20) years. Depreciation will begin on the date that each item of personal property was acquired by the Company. c. All financial, operational, educational, and student records of the School are School property. In addition, all School financial records shall be made available to the School s independent auditor. 14 License. The Company developed and owns proprietary rights to the Windsor Educational Model. The Company hereby grants the School a limited license to use the Educational Model. Unless the Parties otherwise mutually agree in writing, at such time as this Agreement is terminated or otherwise expires, the license granted herein shall automatically terminate and the School shall immediately cease use of the Educational Model or Plan, including any software associated therewith. This Section shall survive any expiration or termination of this Agreement. 15. Relationship of the Parties. The Parties hereto acknowledge that their relationship is that of independent contractors. No employee of either Party shall be deemed an employee of the other Party. Nothing contained herein shall be construed to create a partnership or joint venture between the Parties. 16. No Third Party Beneficiaries. This Agreement and the provisions hereof are for the exclusive benefit of the Parties hereto and their affiliates and not for the benefit of any third person, nor shall this Agreement be deemed to confer or have conferred any rights, express or implied, upon any other third person. 17. Notices. Any notices to be provided hereunder shall be in writing and given by personal service, mailing the same by United States certified mail, return receipt requested, facsimile (provided a copy is sent by one of the other permitted methods of notice), or a nationally recognized overnight carrier, addressed as follows: If to the Company, to: Newpoint Education Partners, LLC US Highway 19 North Clearwater, FL Attention: Legal Dept. Facsimile: If to the School, to: Triad Education Organization, Inc. 124 Castle Bay Dr Page 12 of 16

119 Hampstead, NC Attention: Board Chairman With a copy to: Lex-is School Law Services Attn: David Hostetler 1289 Fordham Blvd, #251 Chapel Hill, NC Facsimile: Severability. The invalidity or unenforceability of any provision or clause hereof shall in no way effect the validity or enforceability of any other clause or provision hereof. 19. Waiver and Delay. No waiver or delay of any provision of this Agreement at any time will be deemed a waiver of any other provision of this Agreement at such time or will be deemed a waiver of such provision at any other time. 20. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina without regard to any jurisdiction's conflict of laws provisions. 21. Assignment; Binding Agreement. Neither party shall assign this Agreement without the written consent of the other party, which consent shall not be unreasonably withheld or delayed. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and permitted assigns. 22. Independent Activity. All of the Parties to this Agreement understand that the Company s business is to operate and manage community schools throughout the State. As such, the Parties agree the Company, and its affiliates, may operate other charter schools in the State of North Carolina or anywhere else, whether the same may be considered competitive with the School or not. 23. Representations and Warranties of the Company. The Company hereby represents and warrants to the School as follows: a. The Company is duly organized, validly existing, and in good standing under the laws of the State of Ohio and has the authority to carry on its business as now being conducted and the authority to execute, deliver, and perform this Agreement. b. The Company has taken all actions necessary to authorize the execution, delivery, and performance of this Agreement, and this Agreement is a valid and binding obligation of the Company enforceable against it in accordance with its terms, except as may be limited by federal and state laws affecting the rights of creditors generally, and except as may be limited by legal or equitable remedies. Page 13 of 16

120 c. The Company has made, obtained, and performed all registrations, filings, approvals, authorizations, consents, licenses, or examinations required by any government or governmental authority, domestic or foreign, in order to execute, deliver and perform its obligations under this Agreement. d. The Company has the financial ability to perform all of its duties and obligations under this Agreement. 24. Representations and Warranties of the School. The School hereby represents and warrants to the Company as follows: a. The School is duly organized, validly existing, and in good standing under the laws of the State of North Carolina and has the authority to carry on its business as now being conducted and the authority to execute, deliver, and perform this Agreement. b. The School has taken all actions necessary to authorize the execution, delivery, and performance of this Agreement, and this Agreement is a valid and binding obligation of the School enforceable against it in accordance with its terms, except as may be limited by federal and state laws affecting the rights of creditors generally, and except as may be limited by legal or equitable remedies. c. The School has made, obtained, and performed all registrations, filings, approvals, authorizations, consents, licenses, or examinations required by any government or governmental authority, domestic or foreign, in order to execute, deliver and perform its obligations under this Agreement. 25. Arbitration. a. In the event of any dispute between the Parties hereto, the Parties shall settle said dispute through arbitration (unless otherwise required by any applicable insurance policy or contract). In the event arbitration is the applicable form of dispute resolution, each party shall appoint one arbitrator and then the two previously selected arbitrators shall agree upon a third. The arbitration shall take place utilizing the thencurrent rules of the American Arbitration Association ("AAA") and shall take place in the State of North Carolina, in the county in which the School is located unless otherwise mutually agreed to by the Parties. b. To the extent consistent with the AAA s rules, the Parties shall have the right of limited pre-hearing discovery, in accordance with the U.S. Federal Rules of Civil Procedure, as then in effect, for a period not to exceed sixty (60) days. c. To the extent consistent with the AAA s rules, as soon as discovery is concluded, but in any event within thirty (30) days thereafter, the arbitrators shall hold a hearing in accordance with the aforesaid AAA rules. Thereafter, the arbitrators shall Page 14 of 16

121 promptly render a written decision, together with a written opinion setting forth in reasonable detail the grounds for such decision. Any award by the arbitrators in connection with such decision may also provide that the prevailing party shall recover its reasonable attorneys' fees and other costs incurred in the proceedings, in addition to any other relief which may be granted. d. Judgment may be entered in any court of competent jurisdiction to enforce the award entered by the arbitrators. 26. Amendment. This Agreement may not be modified or amended except by a writing signed by each Party hereto against which any relevant term hereof is being enforced. 27. Indemnification. The Parties shall indemnify and hold harmless the other s employees, officers, directors, subcontractors, and agents against any and all claims, demands, suits, or other forms of liability that might arise out of or by reason of any noncompliance by the one party with any agreements, covenants, warranties or undertakings of that party contained in or made pursuant to this Agreement, and any misrepresentations or breach of the representations and warranties of that Party contained in or made pursuant to this Agreement. In addition, a Party shall reimburse the other Party for any and all reasonable legal expenses and costs associated with the prevailing defense of any such claim, demand or suit. The indemnification requirements of this paragraph may be met by the purchase of proper insurance to fulfill the obligations of this section. 28. No State Indebtedness. In accordance with North Carolina law, the Parties recognize that no indebtedness of any kind incurred or created by the School shall constitute an indebtedness of the State of North Carolina or its political subdivisions, and no indebtedness of the School shall involve or be secured by faith, credit, or taxing power of the State of North Carolina or its political subdivisions. 29. Force Majeure. Notwithstanding any other sections of this Agreement, neither Party shall be liable for any delay in performance or inability to perform due to acts of God or due to war, riot, embargo, fire, explosion, sabotage, accident, labor strike, or other acts beyond its reasonable control, provided either Party may terminate this Agreement in the manner and for the grounds specified herein. 29. Copies and Signatures. To the extent this Agreement is executed in multiple copies or by electronic delivery or signature, the Agreement, in any such form, shall be legally binding. Page 15 of 16

122

123 SCHOOL MANAGEMENT AGREEMENT THIS MANAGEMENT AGREEMENT ("Agreement") is entered into effective as of this day of, 2014, by and between Newpoint Education Partners, a Florida limited liability company ("Company") and Triad Education Organization, Inc., a North Carolina not-for-profit corporation ( Corporation or School ) by its Board of Directors (the Board ). (Collectively, the Parties ). W I T N E S S E T H: WHEREAS, the members of the Board have become aware of the increasing need for greater alternatives for children in its community desiring to receive an engaging and relevant education, which is vital to their success in life; WHEREAS, the Corporation is a North Carolina not-for-profit corporation established for the purpose of establishing and operating a North Carolina Public Charter School; WHEREAS, the Corporation is seeking authorization from the State of North Carolina ( State ) to operate a charter school pursuant to a charter agreement ( Charter ) with the State and, if such Charter is granted, to establish a charter school known as the Piedmont Preparatory Academy; WHEREAS, the School has become aware of a unique school model called Windsor which strives to provide project-based learning opportunities to prepare students for high school and life beyond; WHEREAS, the Windsor model utilizes the proprietary Windsor Educational Plan which has been developed by the Company (the Plan or Model ), and the Company has researched, developed and provides the requisite educational, managerial, financial and other consulting services necessary for the implementation of the Plan, which would not normally be available to the School from other sources; WHEREAS, the School desires to form a school organized and conducted in accordance with the Windsor model and Plan and utilizing the Program; WHEREAS, the School does not currently possess all of the requisite knowledge, skills and experience to form and operate a Windsor school; WHEREAS, the School desires the Company to provide such requisite management, educational, financial and other consulting services necessary to form and operate a Windsor Elementary school all in accordance with the Charter it seeks to enter Page 1 of 16

124 into with the State s authorizing agency, the North Carolina State Board of Education ( Authorizer or NCSBE ); and WHEREAS, the Company desires to provide the aforementioned services and other expertise referenced above with respect to the Plan. WHEREAS, the Parties are not a division, subsidiary, parent or in any way corporately associated with each other, and the relationship between the Parties hereto was developed and entered into through arms-length negotiations and is based solely on the terms of this Agreement and those of any other agreements that may exist from time to time between the Parties. NOW, THEREFORE, in consideration of their mutual promises and covenants, and intending to be legally bound hereby, the Parties hereto agree as follows: 1. Statement of Mission and Purpose. a. Mission and Purpose. The Parties acknowledge and agree that the following statement (herein referred to as the "Statement of Mission and Purpose") reflects, as of the date this Agreement is executed, that the overall principles and philosophy upon which the School is being developed and that all services to be provided and all obligations of the Parties hereunder are to be in accordance with these overriding principles: i. The School has developed a philosophy of recognizing each student as an individual, each with unique interests, aspirations, and passions. The educational program and methods utilized must be meaningful and relevant, and may differ according to the situation of each individual student. Each student must be offered the opportunity to learn at his/her own pace, and to focus on his/her unique interests to bring out his/her passion, but at the same time recognizing that he/she must reach certain milestones in each educational calendar year that support the State of North Carolina s learning requirements. ii. The School has selected a project-based community school as the model to implement this philosophy. iii. The Educational Model must offer students the ability to be challenged, and it must support remediation efforts that might be applicable. Students should not be limited in development in one subject area due to performance limits in other subject areas. iv. The School must demonstrate educational alignment with the State of North Carolina academic and assessment standards applicable to the School and must identify any specific instances of non-compliance with the standards. Further, the School must define and implement a program that will lead to compliance in a reasonable time frame. Page 2 of 16

125 v. All requirements of local, state and federal laws relating to charter/community schools must be met, and all audits relating to the demonstration of these requirements must be successfully completed, given allowance for appropriate time for documentation, reporting, analysis, and rectification of any non-compliance and complaints. 2. Term. The initial term of this Agreement shall commence on the date of full execution of this Agreement, and shall continue for a term of five (5) academic years and be renewed for another five (5) academic term (as described in the subsequent paragraphs of this section), unless terminated sooner pursuant to the terms herein. Thereafter, the parties will formally notify each other of their intent to renew the contract at least 180 days prior to the termination of the Agreement. The parties will operate under the existing Agreement for a one-year period if a new Agreement is not negotiated at the conclusion of the current Agreement. In the 5 th academic year of the Agreement, but reasonably in advance of the expiration of the 5 th year of the Agreement term, the Board shall review the Company s performance in the following components and the contract shall automatically be renewed, provided that the Company s performance is satisfactory in three of these five components, including the Financial and Academic components (numbers 1 and 2 below). 1. Finance The School will end the year with a budget surplus in each year of the Agreement 2. Academic Performance By the 5 th year of the Agreement, the School will show academic growth in two of the last three years of the Agreement. 3. Enrollment - By the 5 th academic year, the enrollment of the school will meet or exceed the targets established in the projected Year 5 annual budget. 4. Teacher - Student ratios In each year of the Agreement, the School will be staffed at no more than a 22:1 ratio for students in grades K-5 and no more than a 25:1 ratio for students in grades Regulatory compliance In each year of the Agreement the School shall be in substantial compliance with the Charter, or will be actively implementing a plan to reasonably cure any area of non-compliance. 3. Company Responsibilities. The Company shall assist the School, as its primary school management provider, in carrying out the School s educational mission, objectives, and obligations, including those pursuant to the Charter Contract, in exchange for the fees provided herein. The Company agrees to do so subject to the direction and approval of the Board, consistent with the School s best organizational, financial, and educational interests, and the Educational Model. The Company shall manage all necessary day-to-day School operation functions, including the following: a. Identify the demographics of the population of students to which the School may appeal. b. Identify necessary components of and possible ideal locations for the School s Facility. Page 3 of 16

126 c. Identify, investigate and evaluate specific options available for the School Facility in identified areas. d. When a qualified potential School Facility is located, negotiate the lease or purchase of the School Facility. e. Negotiate and/or arrange for all agreements for utilities to be used by the School, including without limitation, electricity, oil, gas, telephone, cable (TV/internet), water and waste charges ( Utilities ) and for all buildings and grounds non-personnel cleaning, maintenance and upkeep ( Upkeep ) f. Research, investigate and evaluate possible manufacturers and equipment that can assist the School to achieve its mission, educational goals and performance objectives as stated in the Charter and as reflected in the Statement of Mission and Purpose. g. Once possible alternatives are identified, perform additional due diligence regarding terms, conditions and pricing of manufacturer, equipment and competitors. h. To the extent called for in the Model applicable to the School and necessary to the operation of the School, select, and negotiate the terms of the purchase or lease of, (a) initial plant and equipment, (b) office furniture and equipment, (c) classroom furniture and equipment, (d) audio-visual, TV and projector equipment, (e) computer equipment and software, and computer room furnishings and equipment, (f) special education furnishings and equipment, (g) student lockers and coat racks, (h) laboratory furniture and equipment, (i) library furnishings and equipment, (j) athletic/gymnasium furnishings and equipment, (k) art and music furnishings and equipment, (l) kitchen/cafeteria furnishings and equipment, (m) restroom furnishings and equipment, (n) other/common area/office/teacher lounge furnishings and equipment, (o) medical, health and safety furnishings and equipment, (p) maintenance and security furnishings and equipment, and (q) other personal property necessary for the operation of the School (collectively, the Furnishings and Equipment ). i. Negotiate and propose to the Board, terms of procurement of teaching guides, curricula and aids implementing the Model, school texts implementing the Model and workbooks, paper, pencils, and like student supplies. j. Negotiate and propose terms of procurement of, and arrange for the delivery of cafeteria food and drink, vending machines and drinking water (cooler/fountain) and coffee facilities. k. Oversee day-to-day management of the School. l. Perform repeated evaluation, assessment and propose changes to provide for continuous improvement regarding implementation of and attainment of the School s Educational Model, curriculum and program. m. Perform other consulting and liaison services with governmental and quasi-governmental offices and agencies as are necessary in day-to-day operations or required by the Charter. n. Propose draft operations manuals, forms (including teacher contracts, applications, enrollment and similar forms), and management procedures, as the same are from time to time developed by the Company. o. Coordinate with other advisors engaged by the Board, including, but not limited to, legal, financial and accounting professionals. p. Provide all information and written reports reasonably requested by the Board and consistent with the Statement of Mission and Purpose, including periodic reports on student performance, copies of all reports and other materials provided to the any oversight entity and evidence of compliance with the terms of the Charter. q. Meet with and advise the Board on such frequency as the Board shall reasonably request. r. Provide members of the Board and their representatives with access at all times to inspect all School facilities, to review and audit all books and records relating to the School and the Company's performance hereunder. l Page 4 of 16

127 s. License to the School, as necessary, on a non-exclusive basis the use of the Windsor Educational Model. t. Research, investigate and evaluate possible manufacturers and technology that can assist the School to achieve its Statement of Mission and Purpose and the performance objectives as stated in the Charter. u. Once possible alternatives are identified, perform additional due diligence regarding terms, conditions and pricing of manufacturer, technology and any competitors. v. Integrate as possible the purchased technology with the curriculum and Model. w. Advise and train staff and teachers on all aspects of School operations, mission and objectives, including utilization of forms and systems, consistent with legal requirements and recognized best practices. x. Consult and advise in implementing accounting and bookkeeping systems and preparing for annual audits as required by the State or any other governmental entity having jurisdiction over the School. y. Perform quality data tracking, including but not limited to student data such as attendance, performance, etc. z. Provide periodic reports on student performance, and whether educational goals and measurements are being achieved as required by the Charter. aa. Provide access to Company supply sources (including supply sources of affiliates of the Company) to obtain centralized purchasing discounts where applicable and available. bb. Consult on physical facility layout, maintenance and capital improvements. cc. Research and recommend appropriate afterschool and extracurricular activities and field trips. dd. Assign to the School such Company or other personnel as are necessary to carry out the obligations and duties of the Company under this Agreement; such assigned Company personnel shall be permitted to use appropriate office space within the School, School personnel for administrative and clerical support, and School facilities, supplies and equipment at no cost to the Company, provided such uses are strictly on behalf o the School s best interests. ee. Determine and propose staffing levels, and evaluate, assign, discipline, transfer and terminate School personnel, subject to Board direction and approval. ff. Consistent with the Charter and state law, and subject to Board approval, select and supervise the School Administrator and hold him or her accountable for the success of the School (the School Administrator and the Company, in turn, shall normally exercise primary supervisory responsibility for all School employees, subject to Board direction and control. gg. Prior to the commencement of the first school year under this Agreement, and from time to time thereafter, determine and propose to the Board the number of teachers and the applicable grade levels and subjects required for the operation of the School, and recommend such teachers, qualified in the grade levels and subjects required, as are required by law, to the Board; the curriculum taught by such teachers shall be the curriculum recommended by the Company and approved by the Board as part of the Model. Such teachers may, in the discretion of the Company and Board, work at the School on a full or part time basis. hh. Prior to the commencement of the first school year under this Agreement, and from time to time thereafter, determine the number and functions of support staff, qualified in the areas required, as are required by the School. Such support staff may, in the discretion of the Company, work at the School on a full or part time basis. ii. Provide training in its methods, curriculum, program, and technology to all teaching personnel on a regular and continuous basis. Non-instructional personnel shall receive Page 5 of 16

128 such training as the Company determines is reasonable and necessary under the circumstances, consistent with best practices, and as required by law. jj. Inform and propose to the Board as reasonably necessary the levels of compensation and fringe benefit of any employee of the Company assigned to the School. kk. Evaluate and propose appropriate types and levels of insurance coverage for the operations of the School taking into account the activities of the School and the types and levels of insurance maintained by similarly situated schools. ll. Obtain quotes for such insurance from reputable providers and, with the approval of the School Board, purchase and at all times maintain adequate insurance coverage. mm. Suggest improvements in the School Facility as needed for the School s operations and the safety, health and welfare of the School s students. nn. To the extent called for in the Model applicable to the School and necessary to the operation of the School, negotiate agreements for the procurement of, and procure, by purchase or lease, and have delivered, installed, and, if necessary, tested, all furnishings and equipment, subject to Board approval. oo. Select and procure necessary consumables (other than food) related to each of the foregoing. pp. Arrange for and propose for Board approval, the procurement of, and to procure teaching guides, curricula and aids implementing the Model, school texts implementing the Model and workbooks, paper, pencils, and like student supplies. qq. Recruit and enroll students subject to general recruitment and admission policies. Students shall be recruited and selected in accordance with the procedures set forth in the Charter and Board-adopted policies and in compliance with all applicable laws. rr. Assist in preparation of the budget and financial reports as reasonably required and/or requested by the Board and the School s designated Fiscal Officer for submission to the School Board for approval illustrating, among other things, actual results and how those results align with the projected budgets and explaining variances. ss. Arrange for all necessary data information management services, testing, and testing analysis. tt. Assist in identifying and applying for grants. uu. Assist in spending and administering any grant funding obtained in compliance with the specific terms and conditions of said grants and participating in any audits related thereto. vv. Perform such other reasonable management and management consulting services as are from time to time requested by the School Board and mutually agreed upon by the School and the Company, including but not limited to having necessary Company representatives attend and provide information for any of the Board s meetings. ww. Coordinate community relations activities. xx. Develop and oversee an after-school and extracurricular activities and field trips. yy. Enter into employment or contractor contracts with and assume full responsibility and liability, and pay, benefits, salaries, worker s compensation, unemployment compensation, and liability insurance, per their terms of employment or engagement, for any employees who are not employed by the Board, including (a) tutors and classroom aides, (b) senior administrative personnel, counselors, librarians and IT personnel, (c) athletics, coaching and extracurricular activities personnel, (d) kitchen and clerical personnel, (e) facilities and custodial personnel, (f) health, safety and security personnel, and (g) student transportation personnel. zz. Arrange for or cooperate with the School s designated Fiscal Officer in obtaining insurance covering the Schools operations: General Casualty and Risk Insurance on the School facility in an amount not less than full replacement value. General Liability Insurance in an amount of not less than required in the Charter. Page 6 of 16

129 aaa. Perform advisory services regarding special education and special needs students, programs, processes and reimbursements through the Company s Special Education Department that focuses specifically on students with special education needs. The Company agrees to reasonably and effectively carry out its obligations in the best interests of the School. The Company shall avoid any real or apparent conflict of interest in carrying out these obligations without prior and full disclosure to and informed written consent by the Board. The Company agrees to abide by reasonable conflict of interest policies and procedures adopted by the Board. 4. School Responsibilities. The Board shall govern the School and be ultimately and legally responsible for its operation in accordance with the Charter. The Board shall work with the Company to develop reasonable and necessary policies, procedures, curriculum, and budgets that the Company shall implement and follow in providing the Educational Model. The School shall timely pay the costs and fees for which the School is responsible under the Fees Section of this Agreement. 5. Working Capital Advances by Company. During the time the Charter is in effect, the Company shall pay, in the form of an advance against future School revenues, any reasonable and properly incurred School expense under the following terms and conditions: (a) a reasonable estimate of the expense is submitted to the Company by the School and is approved by the Company, in writing, prior to the expense being incurred; (b) the School has not received funding from any source for the operation of the School sufficient to pay the School Expense; and (c) such School Expenses advanced by the Company as set forth above, shall be payable by the School, in whole or in part, at such time as the School receives revenue to pay the same and carry a cash surplus in its accounts equal to at least three months of reasonably anticipated operating expenses. Such advance shall be evidenced by a Promissory Note acceptable to the Company and the School. In no event shall any such Promissory Note provide for recourse against any member of the Board, the individual managers of the School or any other third party. 6. Educational Program. The Educational Model and program developed and provided by the Company to the School will be approved by the School, subject to any modifications agreed upon by the Parties, and may be materially adapted and modified by the Company from time to time only upon obtaining prior written approval of the Board. The School and the Company agree to work together in a reasonable and effective manner to implement any necessary change in the educational program, recognizing that an essential principle of this educational program is its flexibility, adaptability and capacity to change in the interest of continuous improvement and efficiency, provided that any such changes shall be consistent with the Statement of Mission and Purpose. 7. Subcontracts. The Company reserves the right to subcontract any and all aspects of services it agrees to provide to the School, but may only do so upon the prior written approval of the Board. The Company shall be solely responsible for all costs, expenses and fees associated with such subcontractors. Page 7 of 16

130 8. Rules and Procedures. The Company shall propose and the Board shall adopt reasonable School rules and procedures to be implemented and enforced by the Company. 9. Authority. The Company shall have the authority and power necessary to undertake its responsibilities described in this Agreement, subject at all times to the direction of the Board. 10. Fees. a. Educational Model Development Fee. The School shall pay to the Company the sum of any grants intended to cover start-up costs of the School to the extent permitted by the terms of such grants, which shall be non-refundable and deemed fully earned when paid. b. Continuing Fee. The School shall also pay a monthly continuing fee to the Company of Twelve Percent (12%) of the School's funding as provided by statute. The School s funding is defined as all Federal, State, and Local Funding received by the school. For purposes of this Agreement, the School s Funding does not include any governmental funding that is meant to be a dollar-for-dollar reimbursement for expenditures made by the School/Company, such as Lunch Program Revenues, which funding shall be paid 100% to the party incurring such expenditures for expenditures previously made. Notwithstanding the foregoing, the School will pay the Company contributions and grants not specifically referenced above received by and for the School as a result of the Company s efforts to obtain and implement the grant on behalf of the School. For Company fees and expenses incurred pursuant to this Agreement, the School may advance such fees and expenses provided that documentation for the fees and expenses are provided to the School for ratification. All distributions by the School to the Company not contemplated by this Section shall require the prior approval of the Board. c. Payment of Costs and Fees. (i) (ii) In consideration of the Continuing Fee, and except as otherwise explicitly provided in this Agreement, the costs incurred by the Company in fulfilling its responsibilities hereunder shall be borne by the Company, whether or not the fees to be paid to the Company by the School in this Section (a) and (b) are sufficient to satisfy the same. The School shall make any fee payments it owes to the Company within ten (10) calendar days of the delivery by the Company to the School of an invoice therefore, subject to any exceptions or other provisions established by this Agreement or as otherwise mutually agreed to by the Parties Wages for administrative personnel working at the School shall be borne directly by the Company and billed to School on a dollar for dollar reimbursement basis. The School shall make all such fee Page 8 of 16

131 payments to the Company within ten (10) calendar days of the delivery by the Company to the School of an invoice therefore. (iii) Except as otherwise explicitly provided in this Agreement, the School shall be liable for all direct costs associated with the operation of the School. Direct Costs include a. All Purchased Services but not limited to; Instructional Services, Professional Development from outside vendors, Health Services, Management Services, Authorizer Fees, IT Services, Board Stipends, Professional/Legal Services, Accounting & Auditing, Payroll Processing, Other Professional Services, Security Services, Garbage Removal, Equipment & Furniture Repair & Maintenance, Janitorial Services, Rental Expenses for school related functions, Lease Purchase, Other Property Services, Board Travel Expenses, Onsite School Telephones, School Postage, Postage Machine Rental, Messenger Service, Advertising, Other Communication (Internet),All Utilities, Contracted Food Services, Pupil Transportation. b. All Supplies and Materials including but not limited to; Instructional Supplies, School Office Supplies, Software Instruction, Software Admin, Food Products, Buildings Maintenance, Equipment and Furniture, Other Materials & Supplies c. All other expenses including but not limited to; Memberships, Audit fees, Bank Charges, Other Dues and Fees, Liability Insurance, Bond Premiums and Academic Extra-curricular activities. (iv) All amounts payable by the School hereunder shall, at the Company s option, be made via electronic funds transfer. The School shall cooperate with the Company to set up and establish necessary accounts and procedures. d. Survival of Obligations. All payments and obligations shall survive any expiration or termination of this Agreement until all payments properly incurred prior to the date of such expiration or termination shall have been paid in full. 11. Additional Programs. The Company shall not be obligated to provide any goods or services under the Agreement that are not explicitly agreed to with the Board. The Board and the Company may decide that the Company may provide additional programs that are not inconsistent with the Windsor principles, Charter or law. Payment for such programs or services shall be negotiated by the Parties separate and apart from this Agreement. Page 9 of 16

132 12. Termination a. Termination by the School. The School may terminate this Agreement in the event (i) the Charter is terminated or non-renewed, or (ii) the Company materially breaches this Agreement or causes a material breach of the Charter Contract and (A) the Company does not cure said material breach within 30 days of its receipt of written notice from the School, or (B) if the breach cannot be reasonably cured within 30 days, the Company does not promptly undertake and continue reasonable efforts to cure said material breach within a reasonable time. Notwithstanding the foregoing, in the event that a material breach shall be such that it creates an imminent danger to the life or health of students, parents or others, or poses a substantial risk of imminent and material harm to the operation, legal standing, of the School, said breach must be cured immediately upon written notice from the School; failure to reasonably cure such breach promptly, or begin a plan of action to cure the breach shall be grounds for immediate termination. Notwithstanding anything to the contrary, as a condition precedent to termination, should the School have a corporate or personal guaranty on a Company facility, equipment, or other obligation, the School must be relieved of this obligation by the Company to the satisfaction of the School and the party requiring the guaranty. This agreement will remain in effect until all guarantees are terminated or satisfactorily transferred to a third party so that the School will not have ongoing obligations related to a guaranty on a school facility, property, operations, or other obligations. b. Termination by the Company. The Company may, at its option, terminate this Agreement upon the occurrence of any of the following events: (i) excluding the first year of School operation, if any subsequent academic year involves a material operating deficit, as reasonably determined by the School and the Company, provided that any notice of termination delivered to the School after school opens for any school year shall not be effective until the next succeeding academic year; (ii) the School fails to pay any fees due to the Company within thirty (30) days of receiving written notice that such fees are due; (iii) the School is in material default under any other condition, term or provisions of this Agreement or the Charter, which default is not caused by an act or omission of the Company, and (A) the School does not cure said material breach within 30 days of its receipt of written notice from the Company, or (B) if the breach cannot be reasonably cured within 30 days, the School does not promptly and reasonably undertake and continue efforts to cure said material breach within a reasonable time; (iv) any decrease in regular government funding in excess of 10% of such funding for the prior academic year for the School s students provided that any notice of termination delivered to the School after school opens for education of students for any school year shall not be effective until the next succeeding academic year; or (v) any Company facility serving as the school building(s) that is or are instrumental to the implementation of the Educational Model or the day-to-day operations of the School is damaged so that, in the Company s reasonable discretion, providing, maintaining, or continuing School operations would be unfeasible, economically or practically, in the reasonable determination of the Company, provided that notice of termination is delivered by the Company to the School within sixty (60) days after the occurrence of the event(s) giving rise to such right of termination. Notwithstanding anything to the contrary, as a condition precedent to Page 10 of 16

133 termination, should the Company have a corporate or personal guaranty on the school facility, equipment, or other obligation, the Company must be relieved of this obligation by the School to the satisfaction of the Company and the party requiring the guaranty. This agreement will remain in effect until all guarantees are terminated or satisfactorily transferred to a third party so that the Company will not have ongoing obligations related to a guaranty on the school facility, property, operations, or other obligations. c. Obligation to Continue Performance. In the event that the School or the Company elects to terminate this Agreement for any of the aforementioned reasons, except for failure to pay, and upon mutual written agreement of the Parties, the School continues to pay the Company the fees due the Company pursuant to the Fees Section herein, then the Company shall continue to perform its obligations hereunder, notwithstanding such notice of termination, until the end of the then current academic year or as otherwise mutually agreed to in the aforementioned written agreement or a subsequent written agreement or amendment. In such circumstances of continuing services following notice of termination, if the School fails to continue to pay the Fees owed to the Company pursuant to Fee Section herein, the Company may terminate the Agreement after the expiration of the 30-day period for notice and cure of non-payment. 13. Duties Upon Termination. a. Upon termination of this Agreement for any reason whatsoever, the School shall (i) immediately pay to the Company and/or any of the Company s affiliates any monies owing to such person or entity, and (ii) promptly return to the Company any materials containing the Educational Model, the Company s methods of instruction or operation, which materials have not previously been paid for or developed by the School, and, subject to paragraph (b) below, all Company real and personal property, the Parties acknowledging that, subject to paragraph (b) below, all such material purchased by the Company with Company funds in furtherance of this Agreement shall be property of the Company. The Company shall reasonably assist the School in any transition of management and operations necessary for the School to fulfill its legal and educational obligations pursuant to its state charter, including, but not limited to, (i) the orderly transition of all student records and other School property, equipment and material (if any), (ii) sending notices to students as reasonably requested by the School, and (iii) at the School's option, delivering student records directly to the students. This section shall survive any expiration or termination of this Agreement. b. Upon termination of this Agreement for any reason, the School shall have the right at its sole option, exercisable by written notice to the Company delivered within 30 days of the final date of termination, to (i) have all personal property leases relating to operation of the School assigned to and assumed by the School, to the extent permitted by the terms thereof and to the extent that such a right can be negotiated into any leases, and (ii) purchase all personal property owned by the Company and used exclusively or primarily in connection with the operation of the School. The purchase price for any such owned assets acquired under clause (ii) above shall be the remaining costs basis of such Page 11 of 16

134 assets (as that term is defined below) at the time of purchase. This Section shall survive any expiration or termination of this Agreement. For purposes of this Agreement, The remaining cost basis of such personal property shall be calculated based upon the straight line method of depreciation over the life of such property, as established by the following property classifications: computers and software, three (3) years; furniture, fixtures and textbooks, five (5) years; buildings or leasehold improvements, twenty (20) years. Depreciation will begin on the date that each item of personal property was acquired by the Company. c. All financial, operational, educational, and student records of the School are School property. In addition, all School financial records shall be made available to the School s independent auditor. 14 License. The Company developed and owns proprietary rights to the Windsor Educational Model. The Company hereby grants the School a limited license to use the Educational Model. Unless the Parties otherwise mutually agree in writing, at such time as this Agreement is terminated or otherwise expires, the license granted herein shall automatically terminate and the School shall immediately cease use of the Educational Model or Plan, including any software associated therewith. This Section shall survive any expiration or termination of this Agreement. 15. Relationship of the Parties. The Parties hereto acknowledge that their relationship is that of independent contractors. No employee of either Party shall be deemed an employee of the other Party. Nothing contained herein shall be construed to create a partnership or joint venture between the Parties. 16. No Third Party Beneficiaries. This Agreement and the provisions hereof are for the exclusive benefit of the Parties hereto and their affiliates and not for the benefit of any third person, nor shall this Agreement be deemed to confer or have conferred any rights, express or implied, upon any other third person. 17. Notices. Any notices to be provided hereunder shall be in writing and given by personal service, mailing the same by United States certified mail, return receipt requested, facsimile (provided a copy is sent by one of the other permitted methods of notice), or a nationally recognized overnight carrier, addressed as follows: If to the Company, to: Newpoint Education Partners, LLC US Highway 19 North Clearwater, FL Attention: Legal Dept. Facsimile: If to the School, to: Triad Education Organization, Inc. 124 Castle Bay Dr Page 12 of 16

135 Hampstead, NC Attention: Board Chairman With a copy to: Lex-is School Law Services Attn: David Hostetler 1289 Fordham Blvd, #251 Chapel Hill, NC Facsimile: Severability. The invalidity or unenforceability of any provision or clause hereof shall in no way effect the validity or enforceability of any other clause or provision hereof. 19. Waiver and Delay. No waiver or delay of any provision of this Agreement at any time will be deemed a waiver of any other provision of this Agreement at such time or will be deemed a waiver of such provision at any other time. 20. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina without regard to any jurisdiction's conflict of laws provisions. 21. Assignment; Binding Agreement. Neither party shall assign this Agreement without the written consent of the other party, which consent shall not be unreasonably withheld or delayed. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and permitted assigns. 22. Independent Activity. All of the Parties to this Agreement understand that the Company s business is to operate and manage community schools throughout the State. As such, the Parties agree the Company, and its affiliates, may operate other charter schools in the State of North Carolina or anywhere else, whether the same may be considered competitive with the School or not. 23. Representations and Warranties of the Company. The Company hereby represents and warrants to the School as follows: a. The Company is duly organized, validly existing, and in good standing under the laws of the State of Ohio and has the authority to carry on its business as now being conducted and the authority to execute, deliver, and perform this Agreement. b. The Company has taken all actions necessary to authorize the execution, delivery, and performance of this Agreement, and this Agreement is a valid and binding obligation of the Company enforceable against it in accordance with its terms, except as may be limited by federal and state laws affecting the rights of creditors generally, and except as may be limited by legal or equitable remedies. Page 13 of 16

136 c. The Company has made, obtained, and performed all registrations, filings, approvals, authorizations, consents, licenses, or examinations required by any government or governmental authority, domestic or foreign, in order to execute, deliver and perform its obligations under this Agreement. d. The Company has the financial ability to perform all of its duties and obligations under this Agreement. 24. Representations and Warranties of the School. The School hereby represents and warrants to the Company as follows: a. The School is duly organized, validly existing, and in good standing under the laws of the State of North Carolina and has the authority to carry on its business as now being conducted and the authority to execute, deliver, and perform this Agreement. b. The School has taken all actions necessary to authorize the execution, delivery, and performance of this Agreement, and this Agreement is a valid and binding obligation of the School enforceable against it in accordance with its terms, except as may be limited by federal and state laws affecting the rights of creditors generally, and except as may be limited by legal or equitable remedies. c. The School has made, obtained, and performed all registrations, filings, approvals, authorizations, consents, licenses, or examinations required by any government or governmental authority, domestic or foreign, in order to execute, deliver and perform its obligations under this Agreement. 25. Arbitration. a. In the event of any dispute between the Parties hereto, the Parties shall settle said dispute through arbitration (unless otherwise required by any applicable insurance policy or contract). In the event arbitration is the applicable form of dispute resolution, each party shall appoint one arbitrator and then the two previously selected arbitrators shall agree upon a third. The arbitration shall take place utilizing the thencurrent rules of the American Arbitration Association ("AAA") and shall take place in the State of North Carolina, in the county in which the School is located unless otherwise mutually agreed to by the Parties. b. To the extent consistent with the AAA s rules, the Parties shall have the right of limited pre-hearing discovery, in accordance with the U.S. Federal Rules of Civil Procedure, as then in effect, for a period not to exceed sixty (60) days. c. To the extent consistent with the AAA s rules, as soon as discovery is concluded, but in any event within thirty (30) days thereafter, the arbitrators shall hold a hearing in accordance with the aforesaid AAA rules. Thereafter, the arbitrators shall Page 14 of 16

137 promptly render a written decision, together with a written opinion setting forth in reasonable detail the grounds for such decision. Any award by the arbitrators in connection with such decision may also provide that the prevailing party shall recover its reasonable attorneys' fees and other costs incurred in the proceedings, in addition to any other relief which may be granted. d. Judgment may be entered in any court of competent jurisdiction to enforce the award entered by the arbitrators. 26. Amendment. This Agreement may not be modified or amended except by a writing signed by each Party hereto against which any relevant term hereof is being enforced. 27. Indemnification. The Parties shall indemnify and hold harmless the other s employees, officers, directors, subcontractors, and agents against any and all claims, demands, suits, or other forms of liability that might arise out of or by reason of any noncompliance by the one party with any agreements, covenants, warranties or undertakings of that party contained in or made pursuant to this Agreement, and any misrepresentations or breach of the representations and warranties of that Party contained in or made pursuant to this Agreement. In addition, a Party shall reimburse the other Party for any and all reasonable legal expenses and costs associated with the prevailing defense of any such claim, demand or suit. The indemnification requirements of this paragraph may be met by the purchase of proper insurance to fulfill the obligations of this section. 28. No State Indebtedness. In accordance with North Carolina law, the Parties recognize that no indebtedness of any kind incurred or created by the School shall constitute an indebtedness of the State of North Carolina or its political subdivisions, and no indebtedness of the School shall involve or be secured by faith, credit, or taxing power of the State of North Carolina or its political subdivisions. 29. Force Majeure. Notwithstanding any other sections of this Agreement, neither Party shall be liable for any delay in performance or inability to perform due to acts of God or due to war, riot, embargo, fire, explosion, sabotage, accident, labor strike, or other acts beyond its reasonable control, provided either Party may terminate this Agreement in the manner and for the grounds specified herein. 29. Copies and Signatures. To the extent this Agreement is executed in multiple copies or by electronic delivery or signature, the Agreement, in any such form, shall be legally binding. Page 15 of 16

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139 Appendix M This attachment is not applicable because the EMO will not have an ownership interest in the facility.

140 RAS Ruberg Advisory Services, LLC 8701 Midnight Pass Rd Sarasota, Florida September 9, 2014 RE: Newpoint Education Partners To Whom it May Concern: For the past two years, on an ongoing basis, I have conducted thorough reviews of the financial accounting systems and financial results of Newpoint Education Partners LLC. Newpoint is currently and has been in sound financial condition. Newpoint is current on all accounts payable, all payroll, and all other financial obligations. As documented in the attached letters from JPMorgan Chase and Wells Fargo, Newpoint (and its whollyowned subsidiary Midwest Education Partners) currently has cash balances in excess of $2,000, which are well in excess of that required for ongoing operations. Newpoint has no long term debt on its balance sheet and has significant lines of credit available if additional cash were to be required, which has historically not been needed. Newpoint has the financial capacity to provide interest free financial support including working capital and term loans to newly opened and early stage schools in cases where such support is required. In such cases, Newpoint has consistently provided such support to its client schools. The capital requirements required to support the planned new schools will not adversely affect Newpoint s financial condition. The standards of my profession prohibit me from making assurances relating to future solvency; however, I have no reason to believe that the past performance will not continue. Respectfully, Chris Ruberg, CPA Ruberg Advisory Services

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145 Employee Handbook WELCOME TO Forsyth Preparatory Academy You are now a key member of a GREAT team! As a team member, you will play an important role in helping us meet our objectives: To serve as a reliable source of high quality education for our students To provide a career-inspiring, safe, and secure work environment for all Forsyth employees. Our greatest asset is our people people like you. We will continue to strive to make Forsyth the kind of place that other area schools look up to. We hope that your experience here will be challenging, enjoyable, and rewarding. Again, welcome. FOREWORD This handbook is designed to acquaint you with Forsyth and provide you with information about working conditions, employee benefits, and some of the policies affecting your employment. You should read, understand, and comply with all provisions of the handbook. It describes many of your responsibilities as an employee and outlines the programs developed by Forsyth to benefit employees. This handbook is not an employment contract; it is intended as a guide to help answer your questions. As we continue to grow, the need may arise, and Forsyth reserves the right to, revise, supplement, or rescind any policies or portions of the handbook from time to time as it deems appropriate. You will be notified of these changes to the handbook as they occur. THE FORSYTH TEAM PHILOSOPHY Our School provides a unique environment which emphasizes academic achievement through the use of state-of-the-art technology and innovative but proven educational methods. We prepare students to successfully compete in an increasingly competitive post-secondary environment and the global job market and to be productive and successful members of society after their school years. The Forsyth Educational Philosophy includes a strong belief in and expectation for knowing and respecting students as individuals and designing curricular models that meet individual student needs. Forsyth also believes in the necessity of establishing a welcoming, caring and safe environment for students and their families. Our success as a school is founded on the skill and efforts of our employees. At Forsyth, we realize that each employee is an intelligent, cooperative, and productive person. Each one of you is in a position to deal directly with management on a personal and open basis regarding any matter. Forsyth Preparatory Academy Employee Handbook

146 It is most important that we work together with mutual respect in maintaining an efficient, safe, and productive work environment. It is our commitment to provide you with the opportunity to work in a satisfying and dignified environment and to be given fair treatment at all times. EQUAL EMPLOYMENT OPPORTUNITY The basic employment policy of Forsyth is as follows: All applicants for employment will be considered without regard to race, religion, color, national origin, age, gender, sexual preference, sexual orientation, physical or mental disability, or status as a disabled veteran or veteran of the Vietnam era. There shall be no discrimination with regard to race, religion, color, national origin, age, gender, sexual preference, physical or mental disability, or status as a disabled veteran or veteran of the Vietnam era in all matters concerning all employees of the Corporation. Such matters include, but are not limited to, promotions, demotions, transfers, layoff or termination, compensation, use of facilities, and selection for training or related programs. It is Forsyth s policy to maintain a discrimination-free work environment for all employees. A good working environment includes freedom from harassment based on race, religion, age, gender, sexual orientation, physical or mental disability, status as a disabled veteran or veteran of the Vietnam era, as well as freedom from unwelcome sexual advances. Our employment practices will conform to both the spirit and the letter of federal, state and local laws regarding nondiscrimination in employment. It is the obligation of every employee of the Corporation to adhere to this policy. UNLAWFUL HARASSMENT Forsyth is committed to providing a work environment that is free of discrimination and unlawful harassment, particularly discrimination and/or harassment involving an employee s race, religion, color, national origin, age, gender, disability, sexual preference or orientation. Actions, words, jokes, or comments based on an individual s sex, race, ethnicity, age, religion, or any other legally protected characteristic will not be tolerated. Harassment (both overt and subtle) is a form of employee misconduct that is demeaning to another person, undermines the integrity of the employment relationship, and is strictly prohibited. An employee who is aware of an incident of unlawful harassment should promptly report the matter to Administration. Employees can raise concerns and make reports without fear of reprisal. Anyone engaging in unlawful harassment will be subject to disciplinary action, up to and including termination of employment. DRUG FREE WORKPLACE COMPLIANCE To comply with the federal Drug Free Workplace Act, and to promote workplace safety and productivity, Forsyth will require all employees, temporary employees, and subcontractors to report to work without any alcohol or illegal mind-altering substances (drugs) in their systems. Restrictions on tobacco use are necessary for the health and safety of all our employees and students, the cleanliness of our property, and the fire safety of our building. No tobacco use is permitted on the school grounds. Forsyth Preparatory Academy Employee Handbook

147 ACCESS TO PERSONNEL FILES Forsyth maintains a personnel (employment) file on each employee. The personnel file includes such information as the employee s job application, references, résumé, records of training, documentation of performance appraisals, salary increases, letters of commendation, documentation of disciplinary action, employee comments, and other employment records. Personnel records are the confidential property of Forsyth and access to the information they contain is restricted. Generally, only individuals who have a legitimate reason to review information in a file are allowed to do so. Correction or alteration of any information in personnel files must be done only through written request. Employees who wish to review their own file should contact the Administrator. With reasonable advance notice, employees may review their own personnel files in the office during regular business hours and in the presence of an individual appointed by Forsyth to maintain files. ANNUAL EVALUATION Each staff member will participate in an annual evaluation, conducted by the director. This evaluation process is intended to provide an opportunity for reflection and discussion on areas of strength and areas for improvement goals for the year will also be discussed. ATTENDANCE AND PUNCTUALITY Regular and prompt attendance is your individual responsibility and is essential to the efficiency and success of our business. Absenteeism and/or tardiness disrupt work schedules and tend to place a burden on your co-workers who may have to assume your assignments. There may be times, of course, when illness or other bona fide reasons make it impossible for you to report to work. While it is important that absenteeism and tardiness be kept to a minimum, it is equally important and your responsibility to provide the reason for your absence or tardiness and when you expect to return to work. This information is to be discussed at the time of your request and is essential for determining approval or disapproval. CHANGE OF STATUS It is important that your personnel records be kept up to date and accurate. Please notify the executive assistant to document any change of: Address Telephone number Marital status Person to be notified in case of emergency Beneficiary under the insurance program Number of dependents for tax withholding Insurance coverage (failure to notify within 30 days could jeopardize coverage). CLASS MOVEMENT Teachers must supervise their classroom and hallways. Teachers are expected to assist administration in monitoring all areas of the school during class breaks, including the bathrooms and common areas. Forsyth Preparatory Academy Employee Handbook

148 COMMUNICATIONS Open communication is essential to harmonious employee relations. The most effective communication occurs on a day-to day basis among all members of the team. Staff members will have messages sent by for telephone calls during the student day unless it is an emergency. Individual mailboxes with be assigned to every employee. It is important to check boxes at least once daily and check your regularly each day. DAILY ATTENDANCE Each teacher is responsible for maintaining daily attendance. Attendance will need to be entered electronically. Patterns of non-attendance need to be discussed with parents and guidance. FIELD TRIPS Field trips should be approved by administration in advance of detailed planning. Field trips within the county are planned by individual teachers as an outgrowth of classroom activities. Some require bus transportation and others can be walking trips from the school campus. It is the teacher s responsibility to know and follow field trip guidelines. FUND RAISING All fund raising activities for clubs or extra-curricular activities must be pre-approved by the administration. Teachers or other staff responsible for fund-raising activities should turn in all monies collected to the office on a daily basis. Monies should never be left unsecured in a classroom or desk overnight. GROUP INSURANCE PLAN Forsyth provides benefits to its employees so that you and your family can enjoy a better way of life. Please read this section of the handbook carefully. Booklets containing specific information on insurance benefits will be provided and updated as benefits change. KEY ASSIGNMENTS Teachers are responsible for maintaining the security of the keys they are assigned. LUNCH Teachers will be able to participate in our food program or keep their lunch in the designated area. It is the expectation that staff will eat, interact, socialize, and continue to motivate students during the student lunch period. MEDICATION The administering or dispensing of any medicines (including non-prescription medication) to students by employees without specific written authorization by the parents and physician of the student is forbidden. If it is absolutely necessary that the child take any medication while he/she is in school, the parent must sign an authorization form and have the form completed by their physician. Please obtain this form in the school office. The medication will be kept in the office and will be administered by office personnel trained to administer such medication. A parent may also choose to come to school and administer medication. Forsyth Preparatory Academy Employee Handbook

149 NEPOTISM Forsyth prohibits any immediate relative of a board member from being employed by the school over which that board member presides. In addition, the Director is prohibited from the employment of any relative. Neither a board member nor school Director may appoint or employ a relative or advocate on that relative s behalf in any employment decision. For purposes of this section, immediate relatives are defined as the employee s spouse, sister, brother, son, daughter, son in law, daughter in law, father or mother. PAID TIME OFF Paid time Off (PTO) leave is earned as follows: Instructional Staff: One half of PTO is earned on September 15 th for all employees who begin work at the beginning of the school year. The second half is earned the following February 15 th. For all employees hired after the beginning of the school year PTO will be delayed as to your date of hire and number earned adjusted. Non-Instructional Staff: One half of PTO is earned on September 15 th for all employees who begin work at the beginning of the school year. The second half is earned the following February 15 th. For all employees hired after the beginning of the school year PTO will be delayed as to your date of hire and number earned adjusted. A maximum of thirty (30) days of unused PTO days CAN be accrued. No more than (5) PTO days can be taken concurrently and ALL requests for Paid Time Off (except emergency, and illness) must be approved in advance. All employees must notify their supervisor as soon as possible if they plan to use a PTO day due to emergency or illness. The 5 day restriction does not apply to maternity leave. Scheduled absences must be approved/authorized by the site director. Any unauthorized absences over 2 (two) days require a doctors excuse. Please note that any employee on administrative leave will not be paid. If an employee on payroll is out of work due to a workers compensation claim it is School policy to pay the employee for the date of injury; PTO is then used until fully depleted. At that point the school will pay the next 5 business days less replacement/sub cost. Thereafter workers compensation insurance may cover lost wages according to the state law and policy maximums which typically represent 2/3 of an employee s weekly wages. This is our best means to replace the maximum amount of an injured employee s wages. BLOCK OUT DAYS FOR LEAVE No leave will be given during the following dates unless prior approval is given by the site director. The first two weeks of school opening; The last two weeks of school closing; Designated weeks of state assessment; Additional days concurrent to already scheduled Holidays; MATERNITY/EXTENDED LEAVE Forsyth complies with the Family and Medical Leave Act (FMLA). This provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that Forsyth Preparatory Academy Employee Handbook

150 group health benefits be maintained during the leave. FMLA is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons. It also seeks to accommodate the legitimate interests of employers and promote equal employment opportunity for men and women. FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons: for the birth and care of the newborn child of an employee; for placement with the employee of a child for adoption or foster care; to care for an immediate family member (spouse, child, or parent) with a serious health condition; or to take medical leave when the employee is unable to work because of a serious health condition. Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Whether an employee has worked the minimum 1,250 hours of service is determined according to FLSA principles for determining compensable hours or work. Time taken off work due to pregnancy complications can be counted against the 12 weeks of family and medical leave. PARKING FACILITIES Parking is available to staff on a first come first serve basis. PAYDAYS Employees will be paid on the fifteenth and the last day of each month. If a payday falls on a weekend, Saturday and Sunday dates will be paid on Mondays, except the end of the month pay date which will always fall on the last business day of the month. Direct deposit is mandatory. Deductions are withheld from your paycheck for Social Security and Federal withholding taxes, as required by law. You may authorize additional deductions for group insurance, Credit Union savings, United Way deductions, etc. If you ever have questions about your paycheck or deductions, please see the executive assistant. Our goal is to maintain pay and benefits at levels comparable to or above those of our competitors. PERFORMANCE STANDARDS The people at Forsyth constitute the greatest strength of our school. It is our belief that most will perform consistently at a high level. On the rare occasion when someone fails to perform to reasonable standards, it is our policy to encourage constructive instruction and feedback as a first resort in most cases. Generally, formal corrective action measures will be used when performance issues are not corrected, following coaching and counseling efforts, or in cases of genuine misconduct or disregard for safety. No rule can be written to cover all offenses or violations that may be cause for taking corrective action. The degree of discipline will be based on circumstances and the team member s previous record. Misconduct For certain acts of dishonesty or misconduct, discharge may be the appropriate measure, without regard to progressive disciplinary steps. The following are examples of the events that would be cause for immediate discharge: Forsyth Preparatory Academy Employee Handbook

151 Violation of Substance Abuse Policy; Verbal or physical threats of any nature against the school and/or its representatives, parents or students; Fighting; Providing false information or omitting important information on school records; Unauthorized removal or attempted removal of school property; Intentional damage to property or product; Negligent or unruly behavior resulting in property damage or personal injury; Possession of weapons on School property; Walking off the job; Failure to return in a timely fashion from an approved leave of absence; Being employed while on leave, without prior approval; Sleeping during class room time Willful or repeated violation of the safety rules or work practices; Insubordination. Excessive Absenteeism. It is school policy that all arrests or convictions must be self-reported to your supervisor within a 48 hour period. Failure to self-report is grounds for immediate dismissal. REIMBURSEMENTS Any purchases made by an individual for school benefit may be eligible for reimbursement. Any purchase submitted for reimbursement must be pre-approved by administration. REPLACEMENT OF PERSONAL OR SCHOOL PROPERTY All employees are expected to respect the property of others, including School property. School property includes office supplies and or services, postage, tools, equipment, misuse of telephones, etc. Use or theft of School property and/or services without proper authorization will result in disciplinary action being taken, up to and including discharge. All incidents of theft or damage involving personal or School property should be reported to the director. To prevent theft, it is very important that all employees make sure they secure all equipment at the end of their regular day. The employee will bear the responsibility of replacing any lost or stolen items that are under their responsibility. Forsyth is not responsible for lost, stolen, or misplaced personal items. It is the employee s responsibility to provide necessary security for his or her own personal items. Any theft should be reported to the director. Under no circumstances will Forsyth make reimbursement for lost or damaged personal items. REPORTING CHILD ABUSE All cases of child abuse, suspected or confirmed, must be reported to the appropriate state agency immediately. SAFETY & EMERGENCY PROCEDURES Each Forsyth employee is responsible for reading, understanding, and following all safety and emergency plans. Forsyth Preparatory Academy Employee Handbook

152 SAFETY STATEMENT At Forsyth, we will attain and sustain safety excellence in the operation of our facility. The protection of each member of our team, our customers, our environment and the citizens of the community in which we do business is our primary objective. All injuries and illnesses are preventable. We will not compromise accident and injury prevention for any reason. Team members at Forsyth are responsible for preventing injuries and illnesses, and must recognize and accept that working safely is a condition of employment. SEVERE WEATHER INFORMATION Forsyth will follow the same instructions as their local district in case of severe weather emergencies. Parents and faculty should watch the local news for information about district school closings. SOCIAL SECURITY Deductions are made from your paychecks, according to law, to provide Social Security benefits for you and your family in your later years. Forsyth pays the current required percentage for the employer portion. The scale of Social Security payments and benefits is determined by the federal government. STAFF DEVELOPMENT All Forsyth employees will be required to participate in up to 10 hours of School directed/provided online training/professional development per each six month period of employment. Staff will take this training on their own time throughout the year and will need to make sure their Human Resources representative is aware of all completed training. The School may require training outside the typical school year/district calendar including but not limited to attendance of the annual retreat. STAFF SIGN-IN and SIGN-OUT Teachers must sign in at the front desk each morning. If teachers or staff members leave the campus during the day, they must sign out and sign back in at the front desk. Teachers must sign out at the end of each day. STUDENT INFORMATION Each Forsyth staff member must comply with the following law. Annual Notice Regarding Disclosure of Student Directory Information Federal and State laws require that Forsyth, with certain exceptions, obtain written consent prior to the disclosure of personally identifiable information from a student s education records. However, Forsyth may disclose appropriately designated directory information without written consent UNLESS a parent advises Forsyth to the contrary. Parent(s) or former students shall have 30 days from the date of this notice to inform the student s school administrator, in writing, that any or all of the directory information should not be released without their consent. Forsyth has designated the following information as directory information: A student s name, address and telephone number (if there is a listed number) Image or likeness in photographs, videotape, film, or other medium Date and place of birth Major field of study Forsyth Preparatory Academy Employee Handbook

153 Current grade level Participation in officially recognized activities and sports Weight and height of athletic team members Dates of attendance Degrees and awards received Most recent previous educational agency or institution (school or center) attended by the student. Directory information is generally not considered harmful or an invasion of privacy if released. Directory information relating to students shall be released only to the following: In-school use of student directory information for official school business Student directory information, without addresses or telephone numbers, for school annuals, school newspapers, honors lists, and printed materials or programs for extracurricular activities. TAX OBLIGATIONS A deduction is withheld from your gross earnings every payroll period for Federal Income Tax purposes in accordance with current law. The amount of deduction is based on your gross earnings, marital status, and the number of allowances you claim on the Federal W-4 form. TECHNOLOGY GUIDELINES Management s Right to Access Information Forsyth s computers, telephone, and communication hardware and software systems ( Systems ) have been installed and are used to facilitate business communications. Although each employee has an individual password to access these Systems, they belong to Forsyth and the contents of communications are accessible at all times by the administration for any business purpose. These Systems may be subject to periodic unannounced inspections, and should be treated like other shared filing systems. All Systems messages are Forsyth records. The contents of our Systems may be disclosed without your permission. Therefore, you should not assume that messages and communications are confidential. Back-up copies of communications may also be maintained and referenced. SOCIAL MEDIA It is the school policy that no employee friend a student or parent on Facebook or any other social media. If parents or students have questions regarding school activities, policies, etc. they may you, check the school website or contact you or your director on site. Personal Use of Forsyth s Computer Systems Because Forsyth provides the Systems to assist you in the performance of your job, you should use them only for official business. We reserve the right to access and disclose as necessary all communications on our Systems without regard to content. Since your personal communications can be accessed without prior notice, you should not use our Systems to transmit any messages or to access any information you would not want read by any third party. You should not use the System for gossip, including personal information about yourself or others, for forwarding messages under circumstances likely to embarrass the sender, or for emotional responses to business correspondence or work situations. You should also not use these Systems for such purposes as soliciting for commercial ventures, religious or personal causes, outside organizations, or other similar, non-job-related solicitations. Although incidental Forsyth Preparatory Academy Employee Handbook

154 and occasional personal use of our Systems are permitted, these communications will be treated the same as other communications. However, you are prohibited from accessing or downloading information from the Internet for your personal use. Employees must not attempt to access another employee s files or messages without the latter s express permission. Forbidden Content of Communications There is to be no display or transmission of sexually explicit images, messages, or cartoons, or any transmission or use of communications that contain ethnic slurs, racial epithets, or anything that may be construed as harassment to, or disparagement of, others based on their race, national origin, sex, sexual orientation, age, disability, or religious or political beliefs. Violation of this policy will result in appropriate disciplinary action. EMPLOYMENT RELATIONSHIP Employment with Forsyth Preparatory Academy is on an at-will basis. There are no contracts, you enter into employment voluntarily and you are free to resign at any time for any reason or no reason. Similarly, Forsyth is free to conclude its relationship with any employee at any time for any reason or no reason. Although an employee may or may not work year-around, compensation is referred to as annualized meaning that the pay rate is communicated on an annual basis and the employee is paid year-round but this in no means is to be interpreted as an annual contract. Pay is not prorated across 12 months. As long as an employee is employed they will receive their normal pay, but, if terminated (voluntarily or involuntarily) pay would cease and no further pay is due the employee. Employees, regardless of their role (teacher, administrative, etc.) are expected to be available throughout the year, including summer, for training, professional development, meetings, and other purposes on an as needed basis. Unavailability for such events is grounds for disciplinary action. TERMINATION OF EMPLOYMENT We hope that you will remain with us for a long time. However, once employment has ended, your unused vacation will be forfeited, and the only pay entitlement at termination is for actual time worked. If you choose to leave Forsyth, your unused vacation will be forfeited, and the only pay entitlement at termination is for actual time worked. Again remember that no employee is contracted, all employment is at will. Please contact HR for insurance termination dates as this may change with policy procedures from providers. TRAVEL If you are asked to travel on behalf of Forsyth, your customary expenses will be paid or reimbursed. Please see the Travel Policy for details on travel. TOBACCO USE Smoking is prohibited inside the school building and on the school premises by employees. Visitors must dispose of smoking materials prior to entering the building. Cigarettes, chewing tobacco, and dipping snuff are prohibited by students and employees. Forsyth Preparatory Academy Employee Handbook

155 UNIFORMS Employees are required to follow the Staff Attire requirements which include wearing Forsyth polos or oxfords. Refer to the Staff Attire Requirements for details. NON-DISCLOSURE POLICY Employee shall not use or disclose to any person, during the term of employment, or at any time thereafter, (except as required to perform employee s duties on behalf of the School) any information belonging to, used by or in the possession of the School relating to any student including, without limitation, the names, addresses, and phone numbers of the students (referred to herein as Student Information ), as well as any information belonging to, used by or in the possession of the School relating to the School s business plans, budget, financial matters, vendors, technology, payroll data, personnel records, benefit data, marketing plans and strategies, financial information, operating policies, student lists, and any other information complied by the School (collectively referred to herein as School Information ). Notwithstanding the foregoing, Student Information and School Information shall not include any information that is or becomes generally available to the public other than as a direct result of a disclosure by employee. Upon the termination of employment for any reason, or at such earlier time as requested by the School, employee agrees to deliver to the School any and all materials relating to School Information in employee s possession, and all other property belonging to the School in employee s possession. NON-DISPARAGEMENT POLICY During employment with the School and for a period of two (2) years following the termination of employment for any reason (the Restricted Period ), the employee agrees not to take any action which unlawfully disparages or defames the other. NON-SOLICITATION During employment with the School and for a period of two (2) years following the termination of employment for any reason (the Restricted Period ), employee shall not, directly or indirectly, solicit or recruit any Employee or independent contractor of the School for employment or affiliation with any competitor of the School or any other school or district. Forsyth Preparatory Academy Employee Handbook

156 Welcome to Forsyth! ACKNOWLEDGEMENT OF RECEIPT This acknowledges receipt of the Forsyth Team Member Handbook. I understand that this Handbook supersedes any previously issued Handbook or other information, and that Forsyth retains the right to change this Handbook as required. I understand that nothing in this Handbook is intended to create any type of employment agreement or guarantee of hours of work. I realize that either Forsyth or I can terminate the employment relationship at any time. I further understand that it is my responsibility to fully read and comply with all the rules and regulations in this Handbook and with any other safety policies with which I have been provided. I agree to insert and replace any revised or new policies, rules or regulations as implemented by Forsyth, and will comply with them as they are implemented. Team Member Signature Date Forsyth Preparatory Academy Employee Handbook

157 Below are the estimated annual premiums Forsyth Preparatory Academy Property Premium Estimate $450 Contents $275,000 Deductible $1,000 Form Special Equipment Breakdown Included General Liability Premium Estimate $1,546 Rating Basis: Students 300 Faculty 24 Limits: Per Occurrence Limit $1,000,000 Annual Aggregate $3,000,000 Sexual Abuse & Molestation $1,000,000 per occurrence $3,000,000 aggregate Employee Benefits $1,000,000 per occurrence $3,000,000 aggregate School District & Educators Legal Liability (D&O/ E&O) Premium Estimate $3,332 $1,000,000 per occurrence $2,000,000 aggregate Additional Defense $100,000/$50,000/$100,000 Named insured includes the insured Organization (School Entity), it s school board, School Committee, Board of Trustees, Board of Governors or similar governing body, elected or appointed members of the Board of Education, Board of Trustees, School Directors, School Committee, Board of Governors or similar governing board, Employees, Student Teachers, School Volunteers, and students while serving in a supervised internship program sponsored by the educational institution. Wrongful Act to include any actual or alleged act, error, omission, misstatement, misleading statement, neglect, or breach of duty by or on behalf of the Insured Organization, including educational malpractice or failure to educate, negligent instruction, failure to supervise, inadequate or negligent academic guidance of counseling, improper or inappropriate academic placement or discipline.

158 Fidelity Bond Estimate $332 Limit $250,000 Auto Premium Estimate $181 Hired & Non Owned Autos Only Limit of Liability $1,000,000 Head of Class Endorsement $82 Workers Compensation Premium Estimate $4,999 Statutory State - NC Employers Liability $500/ $500/ $500 Payroll Estimate $825,000 Umbrella Premium Estimate $2,387 Limit of Liability $1,000,000 TOTAL ESTIMATED PREMIUM $13,309 Student Accident Coverage $7.00/ student These premiums are subject to change based on Underwriter review and approval of completed applications. Disclaimer: The abbreviated outlines of coverages used throughout this proposal are not intended to express legal opinion as to the nature of coverage. They are only visuals to a basic understanding of coverages. The policy terms, conditions, and exclusions will prevail. Please read the policy forms for specific details of coverage 09/09/14

159 Appendix T The EMO does not file a 990 Tax Return as a private corporation

160 September 26, 2014 North Carolina State Board of Education Office of Charter Schools 301 North Wilmington Street Raleigh, NC Dear Members of the State Board of Education and Charter School Advisory Board: As the Chairman of the Triad Educational Organization, Inc., I respectfully submit the following applications for Forsyth Preparatory Academy and Piedmont Preparatory Academy to be considered for charter approval. Winston-Salem and Greensboro are very similar in culture and demographics, plus there is a synergy between the cities that fosters collaboration especially in terms of educational opportunities. We formed one single board to oversee two schools to capitalize on budgeting efficiencies, cross-collaboration of teacher professional development as well as student project-based learning. The board and I feel strongly that both of these schools will bring about a positive change in terms of meeting the needs of at-risk populations and students who need a sound hands-on focus in their curriculum. My thesis research clearly shows a link between project-based learning and positive educational outcomes. This research helped ensure that working along with Newpoint Education Partners and Ignite Learning Partners to roll out a student-focused educational environment was the right thing. We believe in the model and know that our application clearly defines the strength of the educational plan coupled with a committed sense of accountability and rigor. Thank you for this opportunity and our board looks forward to working with you to bring this vision to a reality for Greensboro/Winston-Salem. Kindest regards, Ashley Jobe Board Chairman

161 Constant Contact Example Windsor Pre Prep Good Evening Windsor Pre Prep Families, September 26, 2014 As September comes to an end we are wrapping up our units on apples, shapes and Chicka Chicka Boom Boom. In October we will investigate Community Helpers. Thank you to Mrs. Dulau for arranging all the community helper visits next month. Change of Clothes Accidents happen, please make sure that your child has a change of clothes (shirt, underwear, socks and bottoms) just in case. As the weather starts to change students might need jackets. Please label all jackets and sweaters so that if they get lost they can make it back to the rightful owner. VPK Assessments Ms. Tiffany, Ms. Donna and Ms. Andrea have been assessing our VPK students using the VPK Assessment required by the State of Florida. The students will be assessed 3 times throughout the year. The purpose of the assessment is to provide teachers with the information they need to structure lessons and small groups and to show the learning growth that each child makes throughout the year. Information from the assessment will be shared with parents in the month of October. Tuition Payments Payments are due Mondays. Payments can be made in the front office. If you use car circle we understand that you will need to walk in to make the payment. Another option is to make Pre K Solutions as a payee on your bank account. If the payments are set up every Friday the checks arrive at the school in the mail on Monday. La Petite Academy Starting October 7th, La Petite Academy will offer a ballet class on Tuesdays from 3:30 to 4 pm on campus. Flyers went home this week with information on how to sign up. BEE BUS The BEE BUS comes every Friday. If you would like to sign up the office has registration forms. Upcoming Events September 30th Fall Pictures (students wear uniforms) October 10th Officer Staples visit October 17th Fire Truck Visit October 20th School Closed for Professional Development October23rd 911 Presentation October 25th Fall Festival October 31st Storybook Character Parade (dress up as your favorite storybook character) If you have any questions, please do not hesitate to contact me. Sincerely, Tiffany Stoufer Windsor Pre Prep Academy Windsor Pre Preparatory Academy tiffany.stoufer@windsorprep.org th St N St. Petersburg, FL 33714

162 Windsor Prep 3rd Grade Math FCAT Passing Score Growth Comparison from 2013 to 2014 Azalea 74th Street Blanton Rawlings Lealman 80% 60% 40% 20% 0% Newpoint Bay High Year over Year EOC Comparison % 60% 50% 40% 30% 20% 10% 0% Newpoint Bay High School Year over Year 9th and 10th FCAT Reading Comparison Newpoint Bay High Reading 9th Newpoint Bay High Reading 10th % 60% 40% 20% 0% Windsor -20% -10% 0% 10% 20% 30% Newpoint Bay High School Year over Year 9th and 10th FCAT Reading Comparison Newpoint Bay High Reading 9th Newpoint Bay High Reading 10th Newpoint Bay Academy Algebra EOC % Proficient State District Bay Academy 66% 64% 62% 60% 58% 56% 54% 52% 60% 50% 40% 30% 20% 10% 0% Windsor Local Schools Comparison of % Passing rd Grade Reading FCAT

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164 Marketing Material Examples I support Buckeye Preparatory Academy and I know I ve made the right choice! Big Dreams. Your Small School. Enroll Now! Grades K 8 New K 8 school 1414 Gault Street Columbus, OH Buckeye Offers: A Secure School Campus Student Uniforms A Small School Environment A Full-Size Gymnasium Technology Integrated into All Classrooms Completely Renovated Facility For more information or to enroll on-line today, visit or call Enroll On-line or Schedule a Tour Space is limited! Buckeye Buckeye PREPARATORY ACADEMY PREPARATORY ACADEMY A Tuition-free K 8 Charter School Big Dreams. Your Small School Gault St., Columbus, OH Rack Card Website Looking for a better choice for your middle student? Visit Windsor Middle Academy to find out how we can offer a better education for your child. Before you let go... Windsor Prep s middle school will offer rigorous classes and electives with an arts focus know you ve chosen the right elementary school. Windsor MIDDLE ACADEMY Big Dreams. Your Small School. to all students FREE FREE Busing! Busing! Beat the Waiting List,Enroll EnrollNOW! NOW! Beat the NOW! Beat thewaiting WaitingList, List, Enroll The early criticaltotoyour yourchild s child s development. getattention the attention The earlyschool schoolyears years are are critical development. WillWill theythey get the The early school years are critical to yourand child s development. Will they get the attention they need anddeserve? deserve? esteem be be supported and and nurtured? they need and Will their theirdreams dreams andself self esteem supported nurtured? they need and deserve? Will their dreams and self esteem be supported and nurtured? Only Lincoln Preparatory School Only offers the the small, and personalized Only offers small,safe, safe,friendly, friendly, and personalized environment your child needs forfor learning. PlusPlus we we environment your child needs learning. offers the small, safe, friendly, and personalized have the technology-rich classrooms that students love. have the technology-rich classrooms that students environment your child needs for learning. Plus welove. Make the right choice for your child. Makethe thetechnology-rich right choice for classrooms your child. that students love. have Make the right choice for your child. Lincoln Preparatory School East Preparatory Academy th St. N., St. Petersburg, FL Lincoln Offers: Lincoln Offers: Transportation provided for qualifying students East Offers: Transportation provided for qualifying students Before and Aftercare services Challenging Academics Before and Aftercare services East Preparatory Eagles YourRespect K 8 school Show Your K 8 school On Task Accept Responsibility Realize Your Potential Innovative technology We offer a small K 8 environment with a secure campus and we're close to I-275. Windsor is a Project-based school, achieving the core standards by teaching problem solving skills and implementing technology. In our nurturing environment, students use ipads, work collaboratively on group projects, and build skills needed for the 21st Century. Windsor s program offers all students music, art, PE and Spanish. Additionally, parents can take advantage of our after school enrichment, before-and-after care, or our free tutoring program. Lincoln Windsor Preparatory Academy th St. N St. Petersburg, FL PREPARATORY SCHOOL A K 8 Tuition-Free Charter School located close to your home! OR CURRENT RESIDENT Now accepting applications for the school year Beat the Waiting List, Now enrolling for Fall EC3, VPK and K 8. Call us at Small, A Small School Environment Innovative technology safe and nurturing environment Gym, Enrichment Activities Art,and and Music classes Small, safe nurturing environment Technology into All Classrooms Gym, Art, andintegrated Music classes more information to enroll on-line Staff today, For Caring, Motivated, or Highly Qualified visit or call For more information or to enroll on-line today, Text Student Uniforms LINCOLN to for more info. visit or call For information or to Textmore LINCOLN to forenroll more on-line info. today, visit or call Enroll On-line or Schedule a Tour Space is limited! Come Check Us Enroll On-line or Schedule a TourOn-line Enroll or Outis At These Space limited! Schedule a Tour Upcoming Events Space is limited! Summer Enroll NOW! Enroll on-line Now - Space is limited! Your K 8 school House! Fun,Open Food, and Games! 5:00 7:00 pm Summer July 10, 2014 The Lincoln Preparatory School East Preparatory Academy 4215 Robert Avenue 4129 Superior Ave. The Lincoln Cleveland, OH Cleveland, OH Preparatory School 4215 Robert Avenue Cleveland, OH July 10, 2014 Discovery Night Open House! 6:00-8:00 pm July 24, :00 7:00 pm August 7, 2014 July 16, 2014 July 10, 2014 Wade Oval and Wednesday Fun, Food, Games! 6:00-9:00 pm July 24, 2014 August 7, Parent/Student July 22, Discovery Day Orientation Fun,10:00 Food, and Games! am - 12:00 pm Windsor August 7, 2014 MIDDLE ACADEMY Big Dreams. One Small School. July :00 27, pm - 7:00 pm Parent/Student Family Unity in the Park 9:00 am - 3:00 pm Orientation th St. N St. Petersburg, FL N EW Post Card August 7, 7, August Discovery Night 5:00 pm - 7:00 pm 6:00-8:00 pm Lincoln East PREPARATORY SCHOOL Lincoln PREPARATORY ACADEMY Big Dreams. Your Small School. Big Dreams. Your Small School. PREPARATORY SCHOOL Big Dreams. Your Small School. 2-sided Every Door Direct Mail flyer K 8 School Enroll Now! Colonial PREPARATORY SCHOOL Coming Soon - Enroll Today, Grades K Middlebury ACADEMY Yard sign A Tuition-free Public Charter School Exterior vinyl banner with grommets Text MIDDLEBURY to for more info

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