Common use of Corrective Action by Order of Reconstitution Clause in Contracts

Corrective Action by Order of Reconstitution. The University, in its sole discretion, may issue an Order of Reconstitution requiring the Academy to undertake a plan of corrective action in order to avoid revocation of its Contract (“Corrective Action”). The plan of Corrective Action may include cancellation of the Academy’s contract with its ESP, withdrawal of the University’s approval of the ESP Management Agreement, termination of one or more Academy Directors’ service, appointment of a new member or members to the Academy Board of Directors, elimination of the Academy’s ability to offer certain age and grade levels at an identified site or designation of a trustee or receiver to take over the operation of the Academy. In the event a Corrective Action plan is undertaken, the following steps will be observed: (a) the University will notify the Academy, in writing, of the specific educational performance or operational issues that it deems failing at the Academy and its intent to revoke the Academy’s Contract if the issues are not corrected by a date certain, which will be no earlier than 90 days (absent exigent circumstances) after the date of the notice; (b) within thirty days after receipt of the notice described above, the Academy shall respond to the University with any information that the Academy Board of Directors deems relevant to the issues and a plan of correction; (c) if the University approves of the plan of correction, it shall be implemented, and the Contract shall be amended accordingly; if the University disapproves the plan of correction, it may implement corrective action in a manner that it, in its sole discretion, deems appropriate to the situation or continue with the revocation of the Contract as it sees fit.

Corrective Action by Order of Reconstitution. The University, in its sole discretion, may issue an Order of Reconstitution requiring the Academy to undertake a plan of corrective action in order to avoid revocation of its Contract (“Corrective Action”). The plan of Corrective Action may include cancellation of the Academy’s contract with its ESP, withdrawal of the University’s approval of the ESP Management Agreement, termination of one or more Academy Directors’ service, appointment of a new member or members to the Academy Board of Directors, elimination of the Academy’s ability to offer certain age and grade levels at an identified site or designation of a trustee or receiver to take over the operation of the Academy. In the event a Corrective Action plan is undertaken, the following steps will be observed: (a) the University will notify the Academy, in writing, of the specific educational performance or operational issues that it deems failing at the Academy and its intent to revoke the Academy’s Contract if the issues are not corrected by a date certain, which will be no earlier than 90 days (absent exigent circumstances) after the date of the notice; (b) within thirty days after receipt of the notice described above, the Academy shall respond to the University with any information that the Academy Board of Directors deems relevant to the issues and a plan of correction; (c) if the University approves of the plan of correction, it shall be implemented, and the Contract shall be amended accordingly; if the University disapproves the plan of correction, it may implement corrective action in a manner that it, in its sole discretion, deems appropriate to the situation or continue with the revocation of the Contract as it sees fit.

Corrective Action by Order of Reconstitution. The University, in its sole discretion, may issue an Order of Reconstitution requiring the Academy to undertake a plan of corrective action in order to avoid revocation of its Contract (“Corrective Action”). The plan of Corrective Action may include cancellation of the Academy’s contract with its ESP, withdrawal of the University’s approval of the ESP Management Agreement, termination of one or more Academy Directors’ service, appointment of a new member or members to the Academy Board of Directors, elimination of the Academy’s ability to offer certain age and grade levels at an identified site or designation of a trustee or receiver to take over the operation of the Academy. In the event a Corrective Action plan is undertaken, the following steps will be observed: (a) the University will notify the Academy, in writing, of the specific educational performance or operational issues that it deems failing at the Academy and its intent to revoke the Academy’s Contract if the issues are not corrected by a date certain, which will be no earlier than 90 120 days (absent exigent circumstances) after the date of the notice; (b) within thirty days after receipt of the notice described above, the Academy shall respond to the University with any information that the Academy Board of Directors deems relevant to the issues and a plan of correction; (c) if the University approves of the plan of correction, it shall be implemented, implemented and the Contract shall be amended accordingly; if the University disapproves the plan of correction, it may implement corrective action in a manner that it, in its sole discretion, deems appropriate to the situation or continue with the revocation of the Contract as it sees fit.

Corrective Action by Order of Reconstitution. The University, in its sole discretiondiscretion and for any reason, may issue an Order of Reconstitution requiring the Academy to undertake a plan of corrective action in order to avoid revocation of its Contract (“Corrective Action”). The plan of Corrective Action may include cancellation of the Academy’s contract with its ESP, withdrawal of the University’s approval of the ESP Management Agreement, termination of one or more Academy Directors’ service, appointment of a new member or members to the Academy Board of Directors, elimination of the Academy’s ability to offer certain age and grade levels at an identified site or designation of a trustee or receiver to take over the operation of the Academy. In the event a Corrective Action plan is undertaken, the following steps will be observed: (a) the University will notify the Academy, in writing, of the specific educational performance or operational issues that it deems failing at the Academy and its intent to revoke the Academy’s Contract if the issues are not corrected by a date certain, which will be no earlier than 90 120 days (absent exigent circumstancescircumstances as adjudged in the sole discretion of the University Board or the President) after the date of the notice; (b) within thirty days after receipt of the notice described above, or such shorter time as shall be set forth in the notice, the Academy shall respond to the University with any information that the Academy Board of Directors deems relevant to the issues and a plan of correction; (c) if the University approves of the plan of correction, it shall be implemented, implemented and the Contract shall be amended accordingly; if the University disapproves the plan of correction, it may implement corrective action in a manner that it, in its sole discretion, deems appropriate to the situation or continue with the revocation of the Contract as it sees fit.

Corrective Action by Order of Reconstitution. The UniversityIn addition to, or in lieu of, any provisions herein, DPS, in its sole discretion, may issue an Order of Reconstitution requiring the Academy to undertake a plan of corrective action in order to avoid revocation of its Contract (“Corrective Action”). The plan of Corrective Action may include cancellation of the Academy’s contract with its ESP, withdrawal of the University’s DPS’ approval of the ESP Management Agreement, termination of one or more Academy Directors’ service, appointment of a new member or members to the Academy Board of Directors, elimination of the Academy’s ability to offer certain age and grade levels at an identified site or designation of a trustee or receiver to take over the operation of the Academy. In the event a Corrective Action plan is undertaken, the following steps will be observed: (a) the University DPS will notify the Academy, in writing, of the specific educational performance or operational issues that it deems failing at the Academy and its intent to revoke the Academy’s Contract if the issues are not corrected by a date certain, which will be no earlier than 90 120 days (absent exigent circumstances) after the date of the notice; (b) within thirty days after receipt of the notice described above, the Academy shall respond to the University DPS with any information that the Academy Board of Directors deems relevant to the issues and a plan of correction; (c) if the University DPS approves of the plan of correction, it shall be implemented, implemented and the Contract shall be amended accordingly; if the University DPS disapproves the plan of correction, it may implement corrective action in a manner that it, in its sole discretion, deems appropriate to the situation or continue with the revocation of the Contract as it sees fit. For good cause, DPS may extend the deadlines set forth above. The issuance of the termination letter shall automatically terminate this Contract without any further action by either party. Upon issuance of the termination letter, DPS shall notify the Superintendent of Public Instruction, the Michigan Department of Education, the Michigan Finance Authority (if applicable) or the successors that the Contract has been terminated.

Corrective Action by Order of Reconstitution. The UniversityIn addition to, or in lieu of, any provisions herein, DPSCD, in its sole discretion, may issue an Order of Reconstitution requiring the Academy to undertake a plan of corrective action in order to avoid revocation of its Contract (“Corrective Action”). The plan of Corrective Action may include (but shall not be limited to) cancellation of the Academy’s contract with its ESP, withdrawal of the UniversityDPSCD’s approval of the ESP Management Agreement, termination of one or more Academy Directors’ service, appointment of a new member or members to the Academy Board of Directors, elimination of the Academy’s ability to offer certain age and grade levels at an identified site or designation of a trustee trustee, conservator or receiver to take over the operation of the Academy. In the event a Corrective Action plan is undertaken, the following steps will be observed: (a) the University DPSCD will notify the Academy, in writing, of the specific educational performance or operational issues that it deems failing at the Academy and its intent to revoke the Academy’s Contract if the issues are not corrected by a date certain, which will be no earlier than 90 120 days (absent exigent circumstances) after the date of the notice; (b) within thirty days after receipt of the notice described above, the Academy shall respond to the University DPSCD with any information that the Academy Board of Directors deems relevant to the issues and a plan of correction; (c) if the University DPSCD approves of the plan of correction, it shall be implemented, implemented and the Contract shall be amended accordingly; if the University DPSCD disapproves the plan of correction, it may implement corrective action in a manner that it, in its sole discretion, deems appropriate to the situation or continue with the revocation of the Contract as it sees fit. For good cause, DPSCD may extend the deadlines set forth above. The issuance of the termination letter shall automatically terminate this Contract without any further action by either party. Upon issuance of the termination letter, DPSCD shall notify the Superintendent of Public Instruction and the Michigan Department of Education that the Contract has been terminated. The development of a corrective action plan under this Section 15.11 shall not in any way limit the rights of the DPSCD to revoke, terminate, or suspend this Contract. If the Office of Charter Schools determines that the PSA is unable to develop a corrective action plan that can remedy the material breach and that is acceptable to DPSCD, the Office of Charter Schools shall recommend that the DPSCD Board terminate the Contract at the end of the current school year. If the DPSCD Board approves to terminate the Contract under this Section 14.11, the Contract shall be terminated at the end of the current school year without any further action of either party.

Corrective Action by Order of Reconstitution. The UniversitySchool District, in its sole discretion, may issue an Order of Reconstitution requiring the Academy to undertake a plan of corrective action in order to avoid revocation or nonrenewal of its Contract (“Corrective Action”). The plan of Corrective Action may include cancellation of the Academy’s contract with its ESP, withdrawal of the UniversityBoard of Education’s approval of the ESP Management Agreement, termination of one or more Academy Directors’ service, appointment of a new member or members to the Academy Board of Directors, elimination appointment of one or more officers to the Academy’s ability to offer certain age and grade levels at an identified site Academy Board or designation of a trustee or receiver to take over the operation of the Academy. In Absent circumstances that the School District, in its sole discretion, deems exigent, in the event a Corrective Action plan is undertaken, the following steps will be observed: (a) the University Board of Education will notify the Academy, in writing, of the specific educational performance or operational issues that it deems failing at the Academy and its intent to revoke the Academy’s Contract if the issues are not corrected by a date certain, which will be no earlier than 90 days (absent exigent circumstances) after the date of the notice; (b) within thirty days after receipt of the notice described above, the Academy shall respond to the University Board of Education with any information that the Academy Board of Directors deems relevant to the issues and a plan of correction; (c) if the University Board of Education approves of the plan of correction, it shall be implemented, implemented and the Contract shall be amended accordingly; if the University Board of Education disapproves the plan of correction, it may implement corrective action in a manner that it, in its sole discretion, deems appropriate to the situation or continue with the revocation of the Contract as it sees fit. In circumstances the School District deems exigent, it may intervene using any of the powers enumerated above or any other power it deems necessary and appropriate to address the deficiency. Such intervention shall be by resolution of the School District’s Board of Education.

Corrective Action by Order of Reconstitution. The UniversityIn addition to, or in lieu of, any provisions herein, DPSCD, in its sole discretion, may issue an Order of Reconstitution requiring the Academy to undertake a plan of corrective action in order to avoid revocation of its Contract (“Corrective Action”). The plan of Corrective Action may include (but shall not be limited to) cancellation of the Academy’s contract with its ESP, withdrawal of the University’s DPSCD’ approval of the ESP Management Agreement, termination of one or more Academy Directors’ service, appointment of a new member or members to the Academy Board of DirectorsPSA Board, elimination of the Academy’s ability to offer certain age and grade levels at an identified site or designation of a trustee or receiver to take over the operation of the Academy. In the event a Corrective Action plan is undertaken, the following steps will be observed: (a) the University DPSCD will notify the Academy, in writing, of the specific educational performance or operational issues that it deems failing at the Academy and its intent to revoke the Academy’s Contract if the issues are not corrected by a date certain, which will be no earlier than 90 120 days (absent exigent circumstances) after the date of the notice; (b) within Within thirty days after receipt of the notice described above, the Academy shall respond to the University DPSCD with any information that the Academy PSA Board of Directors deems relevant to the issues and a plan of correction; (c) if the University If DPSCD approves of the plan of correction, it shall be implemented, implemented and the Contract shall be amended accordingly; if the University DPSCD disapproves the plan of correction, it may implement corrective action in a manner that it, in its sole discretion, deems appropriate to the situation or continue with the revocation of the Contract as it sees fit. For good cause, DPSCD may extend the deadlines set forth above. The issuance of the termination letter shall automatically terminate this Contract without any further action by either party. Upon issuance of the termination letter, DPSCD shall notify the Superintendent of Public Instruction, the Michigan Department of Education, the Michigan Finance Authority (if applicable) or the successors that the Contract has been terminated.