Education Program and Curriculum. Any material change to the education program or curriculum as described in the approved Application or Charter requires Sponsor approval. The School agrees to implement its educational and related programs as specified in the Application unless otherwise modified by this Charter. The School shall make reading a primary focus of the curriculum and provide sufficient resources to identify and provide specialized instruction for students who are reading below grade level. The reading curriculum and instructional strategies shall be consistent with Florida Standards and grounded in scientifically-based reading research. The School shall adopt the District’s plan for English Language Learners, or implement an alternate District approved plan. If applicable, the School's plan for English Language Learners is attached hereto as Appendix 3. The plan must include sufficient information and detail to allow the Sponsor to determine legal sufficiency. The School will establish the current incoming baseline standard of student academic achievement, the outcomes to be achieved, and the method of measurement that will be used, as described in the approved Application or otherwise described in this Charter. Renewal, Non-Renewal, or Termination Non-Renewal/Termination of this Charter. The Sponsor shall make student academic achievement for all students the most important factor when determining whether to renew or terminate this Charter. The Sponsor may choose not to renew or terminate this Charter if it finds that any of the following grounds below exist by clear and convincing evidence, as set forth in section 1002.33(8), Florida Statutes. Failure to participate in Florida’s education accountability system created in s. 1008.31, as required in this section, or failure to meet the requirements for student performance established pursuant to Section 2A of the Charter. Failure to meet generally accepted standards of fiscal management. Material violation of law. Other good cause shown, which may include, but is not limited to, any of the following: Failure to cure a material breach of any term or condition of this Charter after written notice of noncompliance; Failure to implement a reading curriculum that is consistent with effective reading strategies grounded in scientifically based reading research if not timely cured after written notice; Filing for voluntary bankruptcy, adjudication of bankruptcy or of insolvency, or other state of financial impairment by the School such that the School can no longer operate or is no longer financially viable; Failure by the School to provide the District with access to records as required by law or this Charter; Failure of the School to maintain minimum insurance coverage as described in this Charter if not timely cured after written notice; Violation by the School of any court order pertaining to the operation of the School; A criminal conviction upon matters involving the School against either the Governing Board, its members (collectively or individually), or the management company where the Governing Board knew or should have known of the conduct underlying the conviction and failed to take corrective action; Failure by the School to timely submit to the District a financial corrective action plan or financial recovery plan and required supporting documents following a notification from the District, Auditor General, or FDOE, that such a plan is required; Failure by the School to implement any financial corrective action plan or financial recovery plan approved by the Florida Commissioner of Education pursuant to section 218.503, Florida Statutes; Failure to provide periodic progress reports as required by the financial recovery plan if not timely cured after written notice; Perpetration of a material fraud upon the District or material intentional misrepresentation in the Application; Failure to comply with background screening and other requirements set forth in section 1002.33, Florida Statutes; Failure by the School to comply with all applicable laws, ordinances and codes of federal, state and local governance including, without limitation, the Individuals with Disabilities Education Act (IDEA) and applicable laws relating to English Language Learners (ELL). Failure to make sufficient progress in attaining the student achievement objectives of the Charter established pursuant to Section 2.A. and the School’s School Improvement Plan, if applicable, and a showing that it is not likely that such objectives can be achieved before the end of the Charter term; Willfully or recklessly failing to manage public funds in accordance with the law; Any action by the School that is detrimental to the health, safety, or welfare of its students that is not timely cured after written notice; Failure to maintain the minimum number of three Governing Board members for more than 30 days; Failure to obtain and maintain all necessary licenses, permits, zoning, use approval, facility certifications, and any other approval required by the local government or any other governmental authorities having jurisdiction at any time during the term of this Charter. The Sponsor shall notify the Governing Board in writing at least ninety days prior to renewing, non-renewing, or terminating this Charter, following the procedures set forth in section 1002.33(8), Florida Statutes. If the Sponsor issues a notice of non-renewal or termination, the notice shall state in reasonable detail the grounds for the proposed action and stipulate that the Governing Board may, within 14 calendar days of receipt of the notice, request a hearing. A request for a hearing must be authorized by a vote of the Governing Board and be submitted pursuant to the Notice provisions of this Charter. The Sponsor may immediately terminate this charter pursuant to section 1002.33(8)(c), Florida Statutes. Upon receipt of notice of immediate termination from the Sponsor, the School shall immediately provide the Sponsor access to the School’s facilities along with security system access codes and access codes for all School owned or leased computers, software, networking, switching and all other technical systems in the School’s facilities or remotely located areas serving the School, and shall immediately make accessible all educational and administrative records of the School. Moreover, within two (2) business days, the School shall turn over to the Sponsor copies of all records and information regarding the accounts of all of the public funds held by the School. The Sponsor shall assume operation of the school throughout the pendency of the hearing as provided for in s. 1002.33(8)(d), Florida Statutes, unless the continued operation of the School would materially threaten the health, safety or welfare of the students. Failure by the Sponsor to assume and continue operation of the School shall result in the awarding of reasonable costs and attorney’s fees to the School if the School prevails on appeal. If the School prevails in an appeal through a final adjudication by an administrative law judge or by a final adjudication and mandate by the appellate court if an appeal to the appellate court is filed, the Sponsor shall, immediately, return to School all keys, security codes, all educational and administrative records of the School, and the School’s facility. In that case, the School’s Governing Board shall resume operation and oversight of the School. The School's instructional and operational employees may continue working in the School during the time that the Sponsor operates the School, at the Sponsor's option, but will not be considered employees of the Sponsor. Any existing employment contracts that any School personnel may have with the School may not be assumed or transferred to the Sponsor or any entity created by the Sponsor during the assumption of operations of the School unless the Sponsor or its entity, and the School, agree otherwise. The Sponsor reserves the right to take any appropriate personnel action regarding the School's employees. If the School elects to terminate or non-renew the Charter, it shall provide reasonable prior notice of the election to the Sponsor indicating the final date of operation as voted by the Governing Board at a publicly noticed meeting. A board resolution signed by the School's Governing Board chair and secretary, indicating support of this action, shall accompany the written notification provided to the Sponsor. The School agrees that such notification shall be considered a voluntary termination by the Governing Board and a waiver of its right to a hearing or appeal. Upon notice of termination or non-renewal the School shall not remove any public property from the premises without written Sponsor approval.
Appears in 3 contracts
Samples: Charter Contract, Charter Renewal Contract, Charter Contract
Education Program and Curriculum. Any material change to the education program or curriculum as described in the approved Application or Charter requires Sponsor approval. The School agrees to implement its educational and related programs as specified in the Application unless otherwise modified by this Charter. The School shall make reading a primary focus of the curriculum and provide sufficient resources to identify and provide specialized instruction for students who are reading below grade level. The reading curriculum and instructional strategies shall be consistent with Florida Standards and grounded in scientifically-based reading research. The School shall adopt the District’s plan for English Language Learners, or implement an alternate District approved plan. If applicable, the School's plan for English Language Learners is attached hereto as Appendix 3. The plan must include sufficient information and detail to allow the Sponsor to determine legal sufficiency. The School will establish the current incoming baseline standard of student academic achievement, the outcomes to be achieved, and the method of measurement that will be used, as described in the approved Application or otherwise described in this Charter. Renewal, Non-Renewal, or Termination Non-Renewal/Termination of this Charter. The Sponsor shall make student academic achievement for all students the most important factor when determining whether to renew or terminate this Charter. The Sponsor may choose not to renew or terminate this Charter if it finds that any of the following grounds below exist by clear and convincing evidence, as set forth in section 1002.33(8), Florida Statutes. Failure to participate in Florida’s education accountability system created in s. 1008.31, as required in this section, or failure to meet the requirements for student performance established pursuant to Section 2A of the Charter. Failure to meet generally accepted standards of fiscal management. Material violation of law. Other good cause shown, which may include, but is not limited to, any of the following: Failure to cure a material breach of any term or condition of this Charter after written notice of noncompliance; Failure to implement a reading curriculum that is consistent with effective reading strategies grounded in scientifically based reading research if not timely cured after written notice; Filing for voluntary bankruptcy, adjudication of bankruptcy or of insolvency, or other state of financial impairment by the School such that the School can no longer operate or is no longer financially viable; Failure by the School to provide the District with access to records as required by law or this Charter; Failure of the School to maintain minimum insurance coverage as described in this Charter if not timely cured after written notice; Violation by the School of any court order pertaining to the operation of the School; A criminal conviction upon matters involving the School against either the Governing Board, its members (collectively or individually), or the management company where the Governing Board knew or should have known of the conduct underlying the conviction and failed to take corrective action; Failure by the School to timely submit to the District a financial corrective action plan or financial recovery plan and required supporting documents following a notification from the District, Auditor General, or FDOE, that such a plan is required; Failure by the School to implement any financial corrective action plan or financial recovery plan approved by the Florida Commissioner of Education pursuant to section 218.503, Florida Statutes; Failure to provide periodic progress reports as required by the financial recovery plan if not timely cured after written notice; Perpetration of a material fraud upon the District or material intentional misrepresentation in the Application; Failure to comply with background screening and other requirements set forth in section 1002.33, Florida Statutes; Failure by the School to comply with all applicable laws, ordinances and codes of federal, state and local governance including, without limitation, the Individuals with Disabilities Education Act (IDEA) and applicable laws relating to English Language Learners (ELL). Failure to make sufficient progress in attaining the student achievement objectives of the Charter established pursuant to Section 2.A. and the School’s School Improvement Plan, if applicable, and a showing that it is not likely that such objectives can be achieved before the end of the Charter term; Willfully or recklessly failing to manage public funds in accordance with the law; Any action by the School that is detrimental to the health, safety, or welfare of its students that is not timely cured after written notice; Failure to maintain the minimum number of three Governing Board members for more than 30 days; Failure to obtain and maintain all necessary licenses, permits, zoning, use approval, facility certifications, and any other approval required by the local government or any other governmental authorities having jurisdiction at any time during the term of this Charter. The Sponsor shall notify the Governing Board in writing at least ninety days prior to renewing, non-renewing, or terminating this Charter, following the procedures set forth in section 1002.33(8), Florida Statutes. If the Sponsor issues a notice of non-renewal or termination, the notice shall state in reasonable detail the grounds for the proposed action and stipulate that the Governing Board may, within 14 calendar days of receipt of the notice, request a hearing. A request for a hearing must be authorized by a vote of the Governing Board and be submitted pursuant to the Notice provisions of this Charter. The Sponsor may immediately terminate this charter pursuant to section 1002.33(8)(c), Florida Statutes. Upon receipt of notice of immediate termination from the Sponsor, the School shall immediately provide the Sponsor access to the School’s facilities along with security system access codes and access codes for all School owned or leased computers, software, networking, switching and all other technical systems in the School’s facilities or remotely located areas serving the School, and shall immediately make accessible all educational and administrative records of the School. Moreover, within two (2) business days, the School shall turn over to the Sponsor copies of all records and information regarding the accounts of all of the public funds held by the School. The Sponsor shall assume operation of the school throughout the pendency of the hearing as provided for in s. 1002.33(8)(d), Florida Statutes, unless the continued operation of the School would materially threaten the health, safety or welfare of the students. Failure by the Sponsor to assume and continue operation of the School shall result in the awarding of reasonable costs and attorney’s fees to the School if the School prevails on appeal. If the School prevails in an appeal through a final adjudication by an administrative law judge or by a final adjudication and mandate by the appellate court if an appeal to the appellate court is filed, the Sponsor shall, immediately, return to School all keys, security codes, all educational and administrative records of the School, and the School’s facility. In that case, the School’s Governing Board shall resume operation and oversight of the School. The School's instructional and operational employees may continue working in the School during the time that the Sponsor operates the School, at the Sponsor's option, but will not be considered employees of the Sponsor. Any existing employment contracts that any School personnel may have with the School may not be assumed or transferred to the Sponsor or any entity created by the Sponsor during the assumption of operations of the School unless the Sponsor or its entity, and the School, agree otherwise. The Sponsor reserves the right to take any appropriate personnel action regarding the School's employees. If the School elects to terminate or non-renew the Charter, it shall provide reasonable prior notice of the election to the Sponsor indicating the final date of operation as voted by the Governing Board at a publicly noticed meeting. A board resolution signed by the School's Governing Board chair and secretary, indicating support of this action, shall accompany the written notification provided to the Sponsor. The School agrees that such notification shall be considered a voluntary termination by the Governing Board and a waiver of its right to a hearing or appeal. Upon notice of termination or non-renewal the School shall not remove any public property from the premises without written Sponsor approval.
Appears in 1 contract
Samples: Charter Renewal Contract
