2004-036
RESOLUTION NO. 2004-36
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED FIRST
AMENDMENT TO THE CHARTER SCHOOL CONTRACT
FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL
BETWEEN THE CITY OF AVE;NTURA AND THE MIAMI-
DADE COUNTY SCHOOL BOARD; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVeD BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1.
The City Manager is hereby authorized to execute the attached
First Amendment to the Charter School Contract for the Aventura City of Excellence
School between the City of Aventura and the Miami-Dade County School Board.
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this resolution.
Section 3.
This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Holzberg, who moved its
adoption. The motion was seconded by Commissioner Grossman, and upon being put
to a vote, the vote was as follows:
Commissioner lev Auerbach
Commissioner Jay R. Be$kin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Hollberg
Vice Mayor Bob Diamond
Mayor Jeffrey M. Perlow
yes
no
yes
yes
yes
yes
yes
Resolution No. 2004-.J.fi
Page 2
PASSED AND ADOPTED this 25th day of June, 2004.
ATTEST:
cf-v( ~ ~
CITY ATTORNEY
FIRST AMENDMENT TO CHARTER SCHOOL CONTRACT
THIS FIRST AMENDMENT TO THE CHARTER SCHOOL CONTRACT
("AMENDMENT") entered into as of the 15th day of July 2004, by and between THE
SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA ("SPONSOR") and THE CITY
OF A VENTURA, FLORIDA, a municipal corporation organized under the laws of the State of
Florida, on behalf of Aventura City of Excellence Charter School ("SCHOOL").
RECITALS
A. The Sponsor and School entered into that certain Charter School Contract dated as of
April 18, 2002 (the "Contract"), whereby the Sponsor agreed to permit the School to operate a
charter school pursuant to Florida Statutes.
B. The Sponsor and School now desire to amend the Contract to provide for the terms
and conditions set forth hereinbelow.
NOW, THEREFORE, in consideration of the mutual benefits to be derived there from
and of the respective mutual covenants and agreements hereinafter set forth, the parties hereto
agree to amend the charter school Contract in its entirety as follows:
School Concept
The mission of the School is to provide the residents of the City of A ventura an
education choice for their children within the city limits while alleviating some of the county's
growing educational needs. The School will serve up to nine hundred students, grades
kindergarten through eight.
This School will:
(a) provide students with a challenging, personalized learning experience that ensures
the highest measure of intellectual potential and an increased sense of self-esteem. Students
will improve their academic achievement, motivation, discipline and self-control through a
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program utilizing personal educational plans, integrated experiential learning, critical thinking
skills, modern languages, recreational and athletic activities, life skills and technology. The
School will have as its core philosophy the belief that all children can develop as intellectual
learners, function as good citizens, learn as individuals in our society and develop as actual or
potential workers in our community. Students can be academically successful with all subjects,
contributing to their intellectual development. The School values the traditional classroom
teacher and the role the family plays in impacting students, and places strong emphasis on the
value of new information and technologies to enhance the development of the individual
strengths of each student. The School places emphasis on identirying students' learning styles
and developing strategies that enable students to succeed. The synergy of the low staff-pupil
ratio, the goal-oriented curriculum, and the preparation and teaching experience of the selected
staff will provide a high level of consistency between the mission and the educational program.
(b) include all of the information required to service Limited English Proficient (LEP)
students e.g., language proficiency assessment data, level of language proficiency, home
language instruction, and LEP Committee information, as currently documented in the
Sponsor's Plan for Limited English Proficient Students. Additionally, it will include all of the
information required for Exceptional Student Education (ESE) students.
(c) establish a new form of accountability for schools by seeking to ensure that students
learn at optimal levels; develop models for teaching/learning produced cooperatively by
students, parents/guardians, and teachers; and ensure that each shareholding group be actively
involved in all phases oflearning.
(d) establish the current incoming baseline standard of student academic achievement,
the outcomes to be achieved, and the method of measurement that will be used. Part II , Section
(2) of this Contract includes a detailed description of how the baseline student academic
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achievement levels and prior rates of academic progress will be established, how these baseline
rates will be compared to rates of acadernic progress achieved by these same students while
attending the charter school, and how these rates of progress will be addressed if found to be
deficient when compared to the rates of progress of other closely comparable student
populations as delineated in the District's annual Review of Charter Schools report.
(e) utilize appropriate instruments, with documented validity and reliability, to measure
and monitor growth of students and teachers; and, as appropriate, collaborate with outside
professionals to develop and select these alternative evaluative instruments.
Pursuant to ~ 1 002.33(9), Fla.Stat.(2003), a charter school shall:
. be non-sectarian in its programs, admissions policies, employment practices,
and operations;
.
admit students as provided in subsection (10) and (15);
be accountable to its sponsor for performances as provided in subsection (7);
not charge tuition or fees, except those fees normally charged by other
public schools;
meet all applicable federal, state, and local health, safety, and civil rights
requirements;
. not violate the anti-discrimination provisions of ~ 1 000.05, Fla. Stat.(2003);
. be subject to an annual financial audit in a manner similar to that of a school
.
.
.
district and in accordance to ~218.39, Fla. Stat.(2003); and
. the governing board of the charter school shall annually adopt and maintain an
operating budget.
It is the intent of the parties that this Contract shall constitute the School's Charter. The
application approved by the School Board on December 12, 2001, as amended by the
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November 2003 submittal of the City of Aventura adding the middle school component, IS
attached hereto as Appendix A.
PART I. GENERAL PROVISIONS
A. TERM
(1) This Contract shall become effective as of the date first above written upon signing by
both parties, and the term shall cover fifteen years commencing on the first day of the 2003-
2004 school year, and ending on June 30, 2018.
(2) The timetable for implementation of this Contract is contained in Appendix B.
(3) This Contract may be renewed for up to an additional 15 years by mutual agreement
of the parties and upon the terms and conditions established by S 1002.33, Fla. Stat. (2003), for
such renewal.
(4) This Contract may be modified during its initial term or any renewal term upon the
approval of both parties, and such modifications shall be in writing and executed by the parties.
Contract amendment requests shall be submitted for consideration once per school year no later
than December 1 unless the health, safety, or welfare of the students is threatened.
(5) Pursuant to the requirements of Part 1. A. (6) through (9), the term of the Contract
may be cancelled by the Sponsor if the School has not complied with the various provisions of
the Contract, the School has breached a term or condition on the Contract, or the School has
been issued a notice of default in accordance with S 1002.33, Fla. Stat. (2003), Charter Schools.
(6) At the end of the term ofthe Contract, the Sponsor may choose not to renew the
Contract for any ofthe following grounds:
(a) failure to participate in the state's education accountability system created in
S 1 008.31 ,Fla.Stat.(2003) as required in this section, or failure to meet the
requirements for student performance stated in the charter;
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(b) failure to meet generally accepted standards of fiscal management;
(c) violation oflaw; and/or
(d) other good cause shown.
(7) During the term of the Contract, the Sponsor may terminate the Contract for any
of the grounds listed in paragraph (6) (a) - (d). For purposes of this Contract, the term "good
cause," as used in paragraph (6) (d) shall mean the following: A School's failure to comply
with the terms and conditions of the Contract after being notified in writing of its non-
compliance; and continuing failure by the School to cure its non-compliance with the terms and
conditions of the Contract after the Sponsor has complied with the provisions of 9IO02.33(8)(c),
Fla. Stat. (2003), Charter Schools including being issued the requisite notice and provided the
opportunity for an informal hearing before the Sponsor in accordance with the provisions of
91002.33(8), Fla. Stat. (2003), Charter Schools.
(8) At least 90 days prior to renewing or terminating a Contract, the Sponsor, its
agents or representatives, shall notifY the governing body of the School of the proposed action
in writing. The notice shall state in reasonable detail the grounds for the proposed action and
stipulate that the School's governing body may, within 14 calendar days after receiving the
notice, request an informal hearing before the Sponsor. The Sponsor shall conduct the informal
hearing within 30 calendar days after receiving a written request. The School's governing body
may, within 14 calendar days after receiving the Sponsor's decision to terminate or refusal to
renew the Contract, appeal the decision pursuant to the procedure in 91002.33 (8) (c), Fla.
Stat.(2003).
(9) This Contract may be terminated immediately if the Sponsor determines that good
cause has been shown or if the health, safety, or welfare of the students is threatened. The
Sponsor shall assume the operation of the School under these circumstances. The School agrees
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to submit to the Sponsor all-reasonable records related to the School without undue delay. The
Sponsor must provide the basis for termination in writing detailing the basis for this and such
findings should be made concurrently with termination. The School's governing board may,
within 14 days after receiving the sponsor's decision to terminate the charter, appeal the
decision pursuant to the procedure established in ~ I 002.33(8)( d), Fla. Stat. (2003).
(10) In case of termination of the Contract, any property, improvements, furnishings,
and equipment purchased directly by the School with Public Funds, as hereinafter defined,
shall automatically revert to the Sponsor (subject to any lawful liens and encumbrances). If the
School's accounting records fail to clearly establish whether a particular asset was purchased
with Public Funds, as hereinafter defined, or non-public funds, then it shall be presumed Public
Funds were utilized and ownership of the asset shall automatically revert to the Sponsor
(subject to any lawful liens and encumbrances). Public Funds shall be defined as grants and
funds provided for the Charter School by the Sponsor, the State, or the Federal Government
(e.g., FEFP), but specifically excluding funds of the City of Aventura, a governmental entity.
Property and assets purchased by the City or an educational management organization III
conjunction with operating the School shall not be deemed purchased with Public Funds.
(11) In case of termination or non-renewal of the Contract, the School shall be responsible for
all the debts of the School. The Sponsor may not assume the debt from any contracted services made
between the governing body of the school, the management company-if applicable - and/or third
party, except for a debt that is previously detailed and agreed upon (in writing and executed with the
same formalities as set forth in this Contract) by both the Sponsor and the governing body.
B. FORUM FOR CONFLICT
(1) If a conflict arises out of the terms, construction, or rights of obligation contained in
this agreement, the Sponsor or the School may either commence the Dispute Resolution
6
Procedure contemplated within Appendix C or commence action III accordance with the
guidelines stipulated in 91002.33(6)( h), Fla. Stat. (2003).
(2) All conflicts between the School and the parents/legal guardians of the students
enrolled at the School shall be handled by the School. Evidence of each parent's/guardian's
acknowledgement of the School's Parent Conflict Resolution Process shall be available for
review upon request by the Sponsor.
C. STATUTORY REQUIREMENTS
(1) The School shall operate in accordance with its Charter and shall be exempt from all
statutes in chapters 1000-1013 ofthe Florida School Code, with the exception of the following:
(a) Those statutes specifically applying to charter schools, including 91002.33,
Fla. Stat. (2003).
(b) Those statutes pertaining to the student assessment program and school grading
system.
(c) Those statutes pertaining to the provision of services to students with disabilities.
(d) Those statutes pertaining to civil rights, including 91000.05, Fla. Stat.(2003),
relating to discrimination.
(e) Those statutes pertaining to student health, safety, and welfare.
(2) Additionally, the School shall be in compliance with:
(a) Section 286.011, Fla. Stat. (2003), relating to public meetings and records, public
inspection, and criminal and civil penalties.
(b) Chapter 119, relating to public records.
(4) The School agrees to adhere to a policy of non-discrimination in educational
programs/activities and employment and to provide equal access and opportunity for all, as
7
required by federal and state laws, State Board of Education Administrative rules, and School
Board rules.
D. ANNUAL REPORT
(1) The School shall make annual progress reports to its Sponsor by August 20th,
which, upon verification, shall be forwarded to the Commissioner of Education. The report
shall contain at least the following:
(a) student achievement performance data and student achievement information that
links baseline student data to the School's performance projections. The School
shall also identitY reasons for any differences between the projected and actual
student performance;
(b) information required in the annual school report and the education accountability
system governed by ~ I 008.31 and ~ 1008.345, Fla. Stat. (2003);
(c) financial status of the School which must include revenues and expenditures at a
level of detail that allows for analysis of the ability to meet financial obligations
and timely repayment of debt;
(d) documentation of the facilities in current use and any planned facilities for use
by the School for instruction of students, administrative functions, or investment
purposes; and
(e) descriptive information about the School's personnel, including salary and
benefit level of School employees, the proportions of instructional personnel
who hold professional or temporary certificates, and the proportion of
instructional personnel teaching in-field or out-of-field.
(2) The School agrees to do an annual cost accounting and provide such information to
the Sponsor by August I each year.
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(3) The School will provide the Sponsor, by the 3rd Monday in September of each year, a
School Improvement Plan adhering to the guidelines provided by Miami-Dade County Public
Schools' Office of Educational Planning and Quality Enhancement. The School Improvement
Plan will contain the measurable objectives that will be pursued by the School during the
subsequent school year.
E. LENGTH OF SCHOOL YEAR
The School shall provide instruction for at least 180 days for each school year and will
generally follow the academic calendar developed by the Sponsor. At a minimum, the School
must commence and end its school year on the same days as the Sponsor. The School may
choose to provide a summer school program utilizing the Supplemental Academic Instruction
(SAI) funds provided by the State for such purposes.
PART II. ACADEMIC ACCOUNTABILITY
(1) The School agrees to implement its educational and related programs as specified in
the School's approved application (Appendix A), setting forth the School's curriculum, the
instructional methods, any distinctive instructional techniques to be used, and the identification
and acquisition of appropriate technologies needed to improve educational and administrative
performance which include a means for promoting safe, ethical, and appropriate uses of
technology which comply with legal and professional standards. The school ensures that
reading is a primary focus of the curriculum and that resources are provided to identify and
provide specialized instruction for students who are reading below grade level. Further, the
curriculum and instructional strategies for reading are consistent with the Sunshine State
Standards and are grounded in scientifically based reading research. The updates, revisions,
and/or changes to the curriculum programs described in the application approved by the School
Board on December 12, 2001, reflecting the addition of the middle school component have
9
been included in Appendix A. The Sponsor's District Plan for Limited English Proficient
Students is included in Appendix D.
(2) During the first year of the Contract, the School agrees to implement the current
baseline standard of achievement, the outcomes to be achieved, and the methods of
measurement that have been mutually agreed upon and identified in the School's approved
application and referenced in Appendix A.
In subsequent years, the School agrees to the baseline standard of achievement, the
outcomes to be achieved, and the methods of measurement that have been mutually agreed
upon in the School Improvement Plan submitted to the Sponsor. This Contract may be
terminated by the Sponsor if insufficient progress has been made towards the goals and
outcomes designated in the School Improvement Plan or the School receives a state designated
grade of "F" in two of any four years.
(3) In addition to evaluating the School's success in achieving the objectives stated
in either the application or the School Improvement Plan, all charter schools will be held
accountable for meeting the state's student performance requirements as delineated in State
Board of Education Administrative Rule 6A-1.09981, Implementation of Florida's System of
School Improvement and Accountability. Specific Authority g I 00 1.02, g 1008.33, and
gI008.345, Fla. Stat. (2003).
(4) The methods used to identify the educational strengths and needs of students and the
educational goals and performance standards are set forth in the School's approved
application. This accountability criterion shall be based upon the assessment systems of the
School, the Sponsor and the State.
(5) In accordance with state law and the Sponsor's rule, students at the School will
participate in all state assessment programs and in all district assessment programs in which the
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district students in comparable grades/schools participate. All school personnel involved with
any aspect of the testing process must have knowledge of and abide by state and district
policies, procedures, and standards regarding test administration, test security, test audits, and
reporting of test results. To facilitate this participation, the Sponsor will provide for applicable
School staff all services/support activities that are routinely provided to the Sponsor's staff
regarding implementation of district and state-required assessment activities e.g., procedures
for test administration, staff training, dissemination and collection of materials, monitoring,
scoring, analysis, and summary reporting. If an ESE student's IEP indicates an alternate
assessment, in lieu of full/partial participation in a state assessment, the School will facilitate
the alternate assessment and comply with state reporting procedures.
(6) The School agrees to utilize data provided through its participation with the
Sponsor in electronic data processmg systems pertaining to admissions, registration, and
student records.
(7) The School agrees to allow the Sponsor reasonable access to its facilities and
records to review data sources, including collection and recording procedures, in order to assist
the Sponsor in making a valid determination about the degree to which student performance
requirements have been met as stated in the Contract, and required by gI002.33(24),
Fla. Stat.(2003) .
(8) Legislation regarding charter school implementation reqUires the Sponsor to
provide to the State Board of Education and the Commissioner of Education an analysis and
comparison of the overall performance of the School's students. The parties agree that the
Sponsor will utilize results from the state and district required assessment programs referenced in
this Contract and the data elements to be included in the armual report which the School is
required to submit pursuant to gI002.33(24), Fla. Stat. (2003).
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(9) The Sponsor shall ensure that the School's program is consistent with the state
education goals established by glOOO.03(5), Fla. Stat. (2003).
(10) In secondary charter schools serving grades nine through twelve, the School will
establish a method for determining that a student has satisfied the requirements for graduation
in gI003.43, Fla. Stat. (2003).
(11) The School will use records and grade procedures that adequately provide the
information required by the Sponsor. This may be an alternative grading and recording system.
The School's grading and recording system must be in accordance with the State's reporting
guidelines and be approved by the Sponsor.
(12) The School shall follow the Sponsor's Elementary School Academic Programs
Course Codes and/or Miami-Dade County Public Schools Authorized Courses for Secondary
Schools as appropriate.
(13) The School will maintain both active and archival records for current/former
students in accordance with Florida Statutes.
(14) All permanent cumulative records (Both Category A, Permanent Information
and Category B, Temporary Information) of students leaving the School, whether by transfer to a
traditional public school within the school system, or withdrawal to attend another charter
school, shall be transferred upon receipt of an official request from a receiving Miami-Dade
County public school or a charter school sponsored by The School Board of Miami-Dade
County, Florida. The School may retain copies of the departing student's academic records
created during the student's attendance at the School.
(15) Upon termination of a student's enrollment at the School, all permanent
cumulative records (Both Category A, Permanent Information, and Category B, Temporary
Information) of students leaving the School, but not transferring to a Miami-Dade County
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public school or a charter school sponsored by The School Board of Miami-Dade County,
Florida, shall be sent via school mail to the Department of Records and Forms Management.
The School may retain copies of the departing student's academic grades and attendance during
the student's enrollment at the School.
(16) The School shall transmit to the Sponsor's Department of Records and Forms
Management, a listing of the types of Category A and B educational records pursuant to Rule
6A-1.0955, School Board of Education Rules, and the procedures from the Division of Student
Services as stipulated in the Student Educational Records manual. This report shall be
transmitted each year prior to July 1 st.
(17) Exceptional education students shall be provided with programs implemented in
accordance with federal, state and local policies and procedures; and, specifically, the
Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of
1973, SI000.05, SIOm.57, SI001.42 (4)(1), and SI002.33, Fla. Stat .(2003), and Chapter 6A-6 of
the State Board of Education Administrative Rule. The School will be responsible for the
delivery of all educational and related services indicated on the student's Individual Education
Plan (IEP). Related services e.g., speech/language therapy, occupational therapy, physical
therapy, and counseling; must be provided by the School staff or paid for through contract. The
Sponsor will have the responsibility of conducting the evaluation of students referred for
potential Exceptional Student Education (ESE) placement and for the re-evaluation of ESE
students in accordance with federal and state mandates. The School may obtain independent
evaluations of students at their expense. These evaluations may be considered in determining
eligibility but will not necessarily substitute for an evaluation conducted by district personnel in
a manner and timeframe consistent with that of all other schools in the district. If it is
determined by an IEP committee that the needs of a student with disabilities cannot be met at the
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School, the Sponsor will take steps to secure another placement for the student in
accordance with federal and state mandates. The Sponsor will participate in all IEP meetings
(including initial staffing and annuallEP review meetings) at the School and will serve as the
Local Educational Agency (LEA) Representative. The LEA Representative will be responsible
for the completion of the Matrix of Services form following the completion or revision of an
IEP.
Students with disabilities will be educated in an inclusionary, least restrictive
environment as outlined in Appendix E, Special Programs and Procedures for Exceptional
Students. It is the professional responsibility of educators to place students in an environment
where they can best flourish. Those students, whose needs cannot be adequately addressed at the
School as determined by an IEP committee, will be appropriately referred; and the School
staff will work together with the Sponsor's personnel to ensure that the needs of these students
are met. The School's staff will work closely, and as early as possible in the
planning/development stages, with school district staff to discuss the services needed by the
School's students with disabilities.
In the event there is a Due Process Hearing in accordance with Section 615 of the
Individuals with Disabilities Education Act involving the provision of education and related
services to a student with disabilities at the School, the School shall bear all the costs of the
hearing, including legal representation. In the event that the party representing the parents or
guardians is prevailing, any and all attorneys fees awarded to prevailing party will be paid by
the School.
(18) Under the Medicaid Certified School Match Program, the School may be
eligible to seek reimbursement for certain services provided to Medicaid-eligible students who
qualifY for services under IDEA, Part B or C. In order to seek reimbursements, the School
14
agrees to follow the procedures established for Medicaid-reimbursable services to eligible
students at the School as outlined in Appendix F, attached and incorporated into this Contract
by reference.
(19) Students at the School who are oflimited proficiency in English will be served by
English for Speakers of Other Languages (ESOL)-certified personnel who will follow the
Sponsor's District Plan for Limited English Proficient Students. The Sponsor's plan, which
meets the requirements of the League of United Latin American Citizens (LULAC) et al. v.
State Board of Education Consent Decree, is attached as part of Appendix D.
(20) The School will adopt the Sponsor's "Student Progression Plan" (SPP), which is
attached as Appendix G, with no exceptions.
Notwithstanding the above acceptance of the Sponsor's SPP, the School and the
Sponsor may agree to any additional reasonable exemptions from the SPP the School may
request. Any failure to agree on exemptions shall not be considered a dispute.
The Student Progression Plan is a document that is revised yearly; therefore the School
agrees to implement the Student Progression Plan for the current operational year.
Notwithstanding the above acceptance of the Sponsor's SPP, the School and the Sponsor may
agree to any additional reasonable exemptions from the SPP the School may wish. Any failure
to agree on exemptions shall not be considered a dispute.
(21) The School will adopt the Sponsor's "Procedures for Promoting and
Maintaining a Safe Learning Environment," which is attached as Appendix H. Notwithstanding
the above acceptance of the Sponsor's "Procedures for Promoting and Maintaining a Safe
Learning Environment," the School and the Sponsor may agree to any reasonable exemptions
from the "Procedures for Promoting and Maintaining a Safe Learning Environment" the School
may request. Any failure to agree on exemptions shall not be considered a dispute.
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(22) The School agrees to seek and thereafter, maintain applicable
certification/accreditation required for its educational program, if any, in order to ensure
transferability of courses completed by the students at the School.
PART III. STUDENTS
A. DEFINITION OF STUDENTS
(1) The parties agree that the grade levels and student enrollment at the School will
be approved based on the school district overcrowding needs, as determined by the Sponsor's
policies. Additionally, the School shall be open to any student residing in Miami-Dade County.
(2) The School will provide a unique academic environment for approximately 900
culturally diverse students, ages 5-14 in Kindergarten through 8th grade. As a charter school-in
the-municipality, the School will limit the enrollment process to target the children of residents
of the City of Aventura according. to Florida State Statute. However, ACES will not
discriminate on the basis of race, religion, national or ethnic origin, or exceptionality in the
admission of students, in accordance with federal and state anti-discrimination laws. Following
is the student enrollment breakdown by year:
Year 1: 2003-2004 - Grades K- 5 - up to 600 students
Year 2: 2004-2005 - Grades K- 5 - up to 600 students
Year 3: 2005-2006 - Grades K- 8 - up to 900 students
Year 4: 2006-2007 - Grades K- 8 - up to 900 students
Year 5: 2007-2008 - Grades K- 8 - up to 900 students
Year 6-15: 2008-2018 - Grades K- 8 - up to 900 students
The aforementioned enrollment capacity will be contingent on the student capacity as
stated on the valid certificate of occupancy for the school facility issued by the local
governmental agency in whose jurisdiction the facility is located.
16
In order to minimize the negative impact to district schools that are underenrolled and
located in the School's targeted enrollment area; the parties agree to limit the enrollment from
such schools as follows:
Percentage of utilization of Maximum overall number of students to be
permanent and relocatable admitted by charter school from underenrolled
program capacity of students' school
home school
99% to 90% Up to 50 students
89% to 80% Up to 40 students
79% to 70 % Up to 30 students
69% to 60 % Up to 20 students
Below 60 % Up to 10 students
(3) The parties agree that the School shall achieve a racial/ethnic balance reflective of the
community it serves or within the racial/ethnic range of other public schools in the school
district. The School shall ensure that its admissions policies shall be nonsectarian.
B. ENROLLMENT PROCESS
(1) The School will admit students of any race, color national and ethnic origin, religion
or gender. The School agrees that it will implement the strategies contained in Appendix A to
achieve a diverse student population reflective of the community it serves. As permitted by
91002.33(15), Fla. Stat. (2003), preference will be given to children of Aventura residents. If
the number of Aventura residents' children exceeds the capacity of the program, class, grade
level, or building, these applicants shall have an equal chance of being submitted through a
random selection process. The random selection process will reflect the diversity of the targeted
community. After all Aventura applicants have been offered seats, non-Aventura applicants will
be enrolled, as permitted by 91002.33(10), Fla. Stat. (2003). If the number of non-Aventura
applications exceeds the remaining capacity of the program, class, grade level, or building,
non-Aventura applicants shall have an equal chance of being admitted through a random
17
selection process. The random selection process will reflect the diversity of the targeted
community. If the number of applicants is below the desired number of students, the School
reserves the right to extend the application deadline, provided sufficient notice is given.
(2) The School shall give enrollment preference to the students of the residents of the
City of Aventura who are seeking enrollment, a sibling of a student enrolled in the School,
or to the child of an employee of the School.
(3) Informational meetings will be held to inform interested parents/guardians of the
mission of the School, the registration process, and required contractual obligations. The
School will provide this information to parents/guardians in English as well as in other
languages (e.g., Spanish and Haitian Creole).
(4) Students residing in neighboring counties would be eligible to attend the School
under the inter-district agreement provisions provided for in the Florida Charter School
Legislation or as currently allowed between Miami-Dade and neighboring counties' School
Boards.
(5) The capacity of the School shall be determined annually by the governing board,
in conjunction with the Sponsor, in consideration of the factors contained in 91002.33(1O)(h),
Fla.Stat.(2003). At no time shall the School's enrollment exceed the maximum capacity
established by the School site's Certificate of Occupancy.
C. WITHDRAWAL OR TRANSFER OF STUDENTS
The school may not withdraw or transfer a student involuntarily, unless the withdrawal
or transfer is accomplished through established administrative procedures mutually agreed
upon in this Contract, or through existing administrative procedures in the Sponsor's Board
Rules.
D. DISCIPLINE
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(I) The School agrees to maintain a safe learning environment at all times. In order
to provide criteria for addressing discipline issues that will ensure the health, safety and welfare
of all students attending the School, the School will adopt and follow the Sponsor's Code of
Student Conduct, which is attached as Appendix I. Students who attend the School and their
parents/guardians will enter into contracts with the School. Such contracts will detail the
responsibilities staff members, students, and parents/guardians are expected to fulfill. If
parents/guardians or students do not meet these obligations, it will be recommended that the
student attend another school. If necessary, the School will pursue the withdrawal or transfer
through administrative procedures established under Sponsor's Board Policy, but administered
by School personnel. For compliance with ESE student discipline procedures refer to
Procedures for Promoting and Maintaining a Safe Learning Enviromnent, which is attached as
Appendix H.
(2) Notwithstanding the above acceptance of the Sponsor's Code of Student
Conduct, the School and the Sponsor may agree to other reasonable exemptions from the Code.
Any failure to agree on exemptions shall not be considered a dispute.
(3) The School agrees that it will not engage in the corporal punishment of its
students.
E. EXTRACURRICULAR ACTIVITIES
The School's students may participate in extracurricular activities in accordance with the
provisions in S I 002.33(1 I), Fla. Stat. (2003).
19
PART IV. FINANCIAL ACCOUNTABILITY
A. ADMINISTRATIVE MANAGEMENT
(1) The School's financial activities and reporting of same will be subject to the
Florida Department of Education (FDOE), Technical Assistance Notes (TAN), 99-09, 2000-05,
and 2001-15, incorporated into this Contract as Appendix J, as well as any subsequently issued
directives by the state.
(2) The School agrees to provide reasonable proof of the ability to fund the initial
startup and the on-going operation of the School, but in no event shall the School be required to
prove the ability to fund more than two (2) months of expenditures based on the yearly
operating budget.
(3) The governing board of the School shall provide to the Sponsor by August 20th
of each year an updated annual budget for review. This budget shall include projected sources
of revenue, both public and private, and planned expenditures covering the entire school year.
(4) The Sponsor shall calculate and submit twelve (12) monthly payments to the
School. The first payment will be made by July 31. Subsequent payments will be made by the
15th of each month beginning with August 15th. In order to provide educational materials for
students when classes begin, the first payment shall include 75% of the full annual allocation of
instructional materials based on prior year membership, or on enrollment as of June 30th, in the
case of a new school. The first payment of every subsequent year shall be adjusted by any final
amounts due the Sponsor for services provided the School during the previous year as well as
for administrative oversight. Late payments are subject to interest at the rate of 1 % per month
calculated on a daily basis until paid. The Sponsor will cooperate and assist the School, as
required by Florida Statutes, to obtain capital outlay funding for which the School is eligible.
Procedures for submitting and approving requests for funding under 91013.62, Fla. Stat. (2003),
20
Charter Schools Capital Outlay Funding are hereby incorporated into this Contract as Appendix
K. Monthly payments shall not be paid for students in excess of the facility's valid capacity.
(5) Rather than the 5% maximum authorized by law, the Sponsor shall withhold 2%
from the available funds as defined in SI002.33(20)(a) Fla. Stat. (2003), not including capital
outlay funds, federal and state grants, or any other funds unless explicitly provided by law for
certain administrative costs and educational services. The 2% administrative fee will apply to
the total number of enrolled students. Notwithstanding this reduction, the Sponsor shall provide
the administrative services required by Sl002.33(20)(a) Fla. Stat. (2003), at no additional cost
to the School. This reduction to 2% is contingent upon the School satisfying all of the
following conditions:
(a) The location of the School has been approved by the Sponsor.
(b) The facilities will be newly constructed or renovated, and not third party leases,
and shall comply with all requirements identified in PART IV. FINANCIAL
ACCOUNTABILITY, Section C. FACILITIES, ofthis Contract.
(c) The credit rating of the Sponsor or its tax-exempt status will not be used to
finance the new school.
(d) The charter school site and facilities shall be owned by the City of Aventura and
shall be financed by separate bonds with a documented repayment schedule, the
proceeds of which were used only to finance site acquisition and construction of
the charter school facility, subject to provisions of subsection (e) below. The
middle school addition will be financed from the City's General Fund reserves.
(e) In the event that the school is terminated or the City of Aventura defaults on
debt issued to finance the site or facility, the Sponsor shall have first right of
refusal to assume possession of the property in return for assuming the
21
outstanding liability. The right of the Sponsor must be written into any bond
indenture covering the financing of the site or facility. If the Sponsor exercises
the right to assume ownership, it agrees to reimburse the City of A ventura
annually for its required principal and interest payments, until such time as the
related debt may be fully paid or refinanced by the Sponsor with no prepayment
penalty. Upon full payment of the related debt, the City of Aventura shall
transfer title of both the site and facility to the Sponsor along with any
easements necessary to have access and use of the School, free and clear of all
encumbrances except those acceptable to the Sponsor.
(f) Access by the School to services not required in, but available through the
Sponsor, may be negotiated separately by the parties.
(6) The School shall utilize the standard state codification of accounts as contained
in the Financial and Program Cost Accounting and Reporting for Florida Schools (Red Book),
as a means of codifying all transactions pertaining to its operations. Federal, state and local
funds shall be maintained according to existing mandates and practices, i.e., separate funds and
bank accounts for federal, state, and local funds as required under applicable statutes.
(7) The School shall provide quarterly financial statements to the Sponsor, which
shall include a balance sheet and a statement of revenues and expenditures and changes in fund
balances prepared in accordance with Generally Accepted Accounting Principles in a format, as
specified in (6) herein above, to include a detail of all revenue and expenditure activities
relating to its operations, and file the appropriate reports with the respective state and federal
agencies. In the event the School elects to follow generally accepted accounting standards for
not-for-profit organizations, it shall be reformatted for reporting purposes. Submission of the
22
quarterly financial statements shall be within 30 days of the end of each quarter. Failure to
timely submit quarterly financial reports shall constitute a material breach of this Contract.
(8) The School shall provide the Sponsor with annual financial reports as of June 30
of each year for inclusion in the Sponsor's financial statements. These reports shall include a
complete set of annual financial statements and notes thereto, prepared in accordance with
Generally Accepted Accounting principles and reflecting the detail of revenue sources and
expenditures by function and object at a level of detail that allows for analysis of the ability to
meet financial obligations and timely repayment of debt. Additionally, the financial statements
must be presented in the new format as required by Governmental Accounting Standards Board
(GASB) Statement 34, applicable for state and local governments and their component units
which became effective for periods beginning after June 15, 2001, as well as, any other
applicable governmental accounting standards. The following timeline must be adhered to for
submitting the School's financial reports:
UNAUDITED STATEMENTS
NO LATER THAN AUGUST I ST OF EACH YEAR
AUDITED STATEMENTS
NO LATER THAN SEPTEMBER 20TH OF EACH YEAR
An annual financial audit, requested and paid for by the School, shall be performed by a
licensed Certified Public Accountant. The audit shall be performed in accordance with
Generally Accepted Auditing Standards; Government Auditing Standards, issued by the
Comptroller General of the United States; and the Rules of the Auditor General, State of
Florida, incorporated into this Contract as Appendix L, and in accordance with the
requirements specified in the Audit Completion/Checklist attached as Appendix M. The School
further agrees to provide the Sponsor with a copy of such audit and the corresponding
responses to the findings, which shall be bound together in one complete report. If the School's
intemal audit reveals a deficit financial position, the auditors are required to notity the School's
23
governing board, the Sponsor, and the Department of Education. The Internal auditor shall
report such findings in the form of an exit interview to the City Manager within 7 working
days after finding the deficit position. A final report shall be provided to the entire governing
board, the Sponsor and the Department of Education within 14 working days after the exit
interview. Funding for any subsequent year or Contract extension, if approved by the School
Board, shall be contingent upon the receipt and subsequent approval of the audit by the Sponsor
and/or its representatives, and such funding shall be adjusted as necessary to reflect audit
results. Additionally, failure of the School to comply with the timely submission of all financial
statements required by ~1002.33, Fla.Stat.(2003), in the required format specified by the
Sponsor, will result in the Sponsor's withholding of subsequent payments to the School without
penalty of interest as described in Section IV.A.( 4) of this Contract until such time as the
statements are received. The Sponsor reserves the right to perform additional audits at its
expense as part of the Sponsor's financial monitoring responsibilities as it deems necessary.
Additionally, a cumulative listing of all property purchased with Public Funds as previously
defined in Part LA.(lO), i.e., FEFP, grant, and any other public-generated funds other than City
funds; and a cumulative listing of all property purchased with funds other than Public Funds as
previously defined in Part LA.(10) will be submitted yearly along with the annual audited
financial statements. These lists will include: (1) date of purchase; (2) item purchased; (3) cost
of item; and (4) item location.
If the School has been granted tax-exempt status, the School will provide the Sponsor
with a copy of correspondence from the Internal Revenue Service (IRS) granting tax-exempt
status as a section 50l(c)(3) organization. The School also will provide the Sponsor a copy of
its Form 990, Return of Organization Exempt from Income Tax, and all schedules and
attachments, within 15 days of filing with the IRS. If the IRS does not require Form 990 to be
24
filed, the School will provide the Sponsor with written confirmation from the IRS of such
nonrequirement. Notwithstanding anything set forth in this Contract, the Sponsor does not
covenant to extend or pledge its tax-exempt authority in any way for the use and benefit of the
School.
(9) The School will contract with a private agency to provide food servIce.
Responsibilities for providing food and related services, and meeting reporting requirements
will be assumed by the School.
(I 0) Funding for student enrollment in the School shall be the sum of district
operating funds from the Florida Education Finance Program (FEFP), including gross state and
local funds, discretionary lottery funds, and discretionary operating millage funds divided by
total district funded weighted full-time equivalent (WFTE) students times the weighted full-
time equivalent students of the School. If eligible, the School shall also receive its
proportionate share of categorical program funds included in the Florida Education Finance
Program. The School shall provide the Sponsor with documentation that categorical funds
received by the School were expended for purposes for which the categoricals were established
by the Legislature.
(I I) The Sponsor may initially calculate monthly distributions to the School for up to
three (3) months based on the School's projected full-time equivalent student membership until
the results of the October FTE become available. Initial payments, prior to the opening of the
School, shall be based on the School's actual enrollment as of June 30th and will begin on July
31. July and August payments for schools in operation will be based on the prior year's
enrollment. The projected full-time equivalent student membership will be determined by the
actual student enrollment at the School at the conclusion of the second week of student
attendance. If enrollment at the end of the second week of student attendance is less than 90%
25
of projected enrollment, the September and October monthly distributions shall be
proportionally reduced. Thereafter, the results of full-time equivalent student membership
surveys will be used in adjusting the amount of funds distributed monthly to the School.
(12) Any eligible student enrolled in the School shall be provided federal funds for
the same level of service provided other eligible students in the schools operated by the
Sponsor, including Title I funding.
(13) Total funding shall be recalculated during the school year to reflect actual
WFTE students reported by the School during the FTE student survey periods. Additionally,
funding for the School shall be adjusted during the year as follows:
I. In the event of a state holdback or a proration, which reduces district
funding, the School's funding will be reduced proportionately. The Sponsor
will not be responsible for any liabilities incurred by the School in the event
of a state holdback.
2. In the event that the district exceeds the state cap for WFTE for Group 2
programs established by the Legislature, resulting in unfounded WFTE for
the district, then the School's funding shall be reduced to reflect its
proportional share of any unfunded WFTE.
(14) The School shall not levy taxes or issue bonds secured by tax revenue except as
within the specific authority of the City of A ventura.
(15) If the School is not renewed or is terminated, any Public (other than City of
Aventura) unencumbered Funds, as previously defined in Part 1.A(lO), from the School shall
revert automatically to the Sponsor. In that event, all School property, improvements,
furnishings, and equipment purchased with Public Funds (other than City of Aventura) as
defined in Part 1. A (10) shall revert automatically to full ownership by the Sponsor (subject to
26
any lawful liens and encumbrances). If the School's accounting records fail to establish clearly
whether a particular asset was purchased with Public Funds (other than City of Aventura) or
non-public funds, it will be considered to have been purchased with Public Funds and
ownership of the asset will revert to the Sponsor (subject to any lawful liens and
encumbrances).
(16) If the School is not renewed or is terminated, the School is responsible for its
debts.
(17) Except for the first payment, which shall be made by July 31, payments shall be
made to the School no later than the 15th of each month from August through June. See
Appendix N for a sample worksheet for calculating the School's revenues. The Sponsor shall
complete this worksheet the month following the actual FTE survey periods. The following
invoice will be prepared by the Sponsor based upon the original revenue worksheet divided by
the number of months in the school year until a revised worksheet schedule is completed.
To determine invoice amounts after a revised schedule is complete, the following steps
should be performed:
(A) Total Estimated Revenue as of
(B) Less 2% Administrative Overhead
(C) Less Payments to Date to Charter School
(D) Less Other (describe):
(
(
(
)
)
)
(E) Net Amount Due
(F) Number of Months Remaining
27
(0) Amount this Payment
(18) The administrative fee retained by the Sponsor pursuant to this Contract
includes, among other things, a fee for the processing of the application and the Contract and
for academic and financial monitoring required of the Sponsor by law.
(19) The parties agree that the Sponsor, with reasonable notice, may request at any
time and up to four (4) times a year reports on school operations and student performances and
the School shall provide the same in a timely manner or within thirty days of receipt of said
requests.
(20) The Sponsor reserves the right to require the School and the School agrees to
adhere to any additional financial requirements mandated by the Florida Department of
Education as it applies to charter schools.
(21) Any Title I funds allocated to the School must be used to supplement students
greatest instructional needs that have been identified by a comprehensive needs assessment of
the entire School and shall be spent in accordance with federal regulations. The School's
eligibility to receive Title I funds will be based on the percentage of students participating in
the Free and/or Reduced Price Lunch Program as determined by an Economic Survey using a
predetermined cut-offlevel established by the Sponsor.
(22) The per pupil allocation of Title I funds will correlate with the per pupil
allocation of the home school. The allocation of Title I Funds shall be made in accordance with
the Public Charter Extension Act of 1998 and all corresponding guidance and regulations.
(23) Any equipment item purchased with Title I funds costing $750 or more, which is
classified as Capitalized Audio Visual, or Equipment remains the property of Title 1. This
property must be identified and labeled for Title I property audits.
28
(24) If the School accepts Title I funds, at least one percent of the Title I funds
budget must be spent in support of parental involvement activities.
(25) The district and region Title I staff will provide technical assistance and support
in order to ensure that Title I guidelines are being followed at the School and that students are
meeting high content and performance standards.
(26) When the funding source requires that the Sponsor serve as the fiscal agent for a
grant, the School shall comply with the following procedures:
(a) prior to generating any paperwork to the funding agency, the School shall notify
School Choice and Parental Options in writing, of its intent to submit a grant
application (attach grant application guidelines);
(b) The School Choice and Parental Options will forward the written request, along
with the grant application .guidelines, to Intergovernmental Affairs and Grants
Administration (IAGA);
(c) upon receipt of the written request, IAGA will prepare the grant application
procedures packet and timeline for the School; and
(d) IAGA will process all application documents requiring the Superintendent's
signature.
(e) in accordance with the established timeline, the School will submit the final
application and the appropriate copies to IAGA for transmittal to the funding
agency.
(27) If the Sponsor develops a districtwide grant, the School may be included in the
district proposal, if mutually agreed to by the School and the Sponsor.
(28) When grant proposals are developed by district staff using student or School
counts that include the students of the School, and the grant is awarded to the Sponsor, the pro
29
rata share of the dollars or services received from that grant shall be distributed to the School, if
eligible, as defined in the budget developed for the grant.
(29) The School shall not suggest or represent to third parties, including, but not
limited to, vendors, creditors, other business entities or their representatives, governmental
entities, or other individuals, that the Sponsor will guarantee payment for any purchases made
or debts incurred by the School, nor shall the School represent that the Sponsor will guarantee
payment for any loans secured by the School, or that the Sponsor will lend its good faith and
credit in order for the School to obtain a loan or other forms of credit.
B. REPORTING OF STUDENTS
(I) In order to facilitate the School's reporting requirements as reflected in the
legislation and in order to provide continuous data for students participating in the School, the
parties agree that the School will utilize the Sponsor's electronic data processing facility and
procedures for the processing of student enrollment, attendance, FTE collection, and
assessment information. The Sponsor will analyze the School's facility and develop a
hardware/software solution, which provides the School with limited access to the Sponsor's
data processing facility. The School will provide hardware and related infrastructure. There will
be no cost to the School for the related installation of software programs.
(2) The Sponsor will also provide training for the School's personnel in the use of
designated district applications necessary to respond to the legislative requirements of
sl008.345, Fla.Stat.(2003), including the annual report and the state/district required
assessment program. The Sponsor's support for this function will be provided at cost and will
not exceed the 2% administrative fee provided in Section IV.A.(5) . Access by the School to
additional data processing applications not required in the legislation but available through the
Sponsor may be negotiated separately by the parties.
30
(3) If the School submits data relevant to FTE funding that is later determined
through the audit procedure to be inaccurate, the School shall be responsible for any
reimbursement to the State for any errors or omissions that the School is responsible.
(4) Access by the School to materials and forms not required in the legislation, but
available through the Sponsor may be negotiated separately by the parties.
C. FACILITIES
(1) The School agrees to use facilities which comply with the Florida Building
Code, including chapter 423, and the Florida Fire Prevention Code, including reference
documents, applicable state laws and rules, and federal laws and rules.
(a) The School shall provide for the full cost of purchase and development of the
facility and site, including but not limited to, the design, plan reviews, inspections, and
construction. It is the responsibility of the School to provide the Sponsor with certification of
compliance with these requirements by providing a signed and sealed statement to the Sponsor
from the architect of record stating that:
"I have designed and inspected the subject facility, and to the best of my knowledge and
ability have determined that: the project is in compliance with applicable federal laws and
rules, applicable state statutes and rules, the Florida Building Code, including Chapter 423, and
the Florida Fire Prevention Code, including reference documents, and that no asbestos
containing materials were specified for use in this building, nor were asbestos containing
materials used in the construction of this project."
(b) The School shall be responsible for maintaining the facility pursuant to
the requirements of Chapter 5 of the State Requirements for Educational Facilities (SREF) as
may be amended, revised, or replaced, the certificate of occupancy, and provisions of
applicable state and federal laws and rules concerning public schools, and with the Florida
31
Building Code, including Chapter 423, and the Florida Fire Prevention Code, including
reference documents, to protect the health and safety of the building occupants.
(2) The School is owned by the City of Aventura. The City's General Fund leases the
school facilities to the City's Charter School Fund. A copy of the lease shall be available to the
Sponsor ten (10) days before the initial opening day of classes.
(3) The School will be located at 3333 Northeast 188th Street, Aventura, Florida 33180.
(4) The School shall comply with all applicable laws, ordinances, and codes of federal,
state, and local governance, including Individuals with Disabilities Education Act. It is
expressly agreed that the School shall obtain all necessary licenses, permits, zoning, use
approval, facility certification, and other approvals required for use and continued occupancy of
the facility as required by the local government or other governmental agencies. Since charter
schools are fully recognized as public schools pursuant to SI002.33(l), Fla. Stat. (2003), the
Charter issued herein and the School's operation hereunder shall be subject to necessary local
government approvals including site plan approval pursuant to S 1013.33, Fla.Stat.(2003).
Zoning or other land use development orders approving the School use, if issued by the local
government entity having jurisdiction over the area where the School property is located, shall
satisfY the review requirements of SI013.33, Fla.Stat.(2003). The School further agrees that it
shall be responsible for all cost for or associated with complying with local ordinances,
securing licenses, permits, zoning, use approval, facility certification, and other approvals,
including but not limited to application fees, advertising costs, surveyor costs, plan review fees,
permit costs and licensing costs, and any other additional charges or surcharges by the local
government or other governmental agencies. The School will show a Certificate of Occupancy,
and other certificates that are required by the applicable building and fire enforcement
authorities, as well as health and sanitation enforcement authorities and including all other
32
enforcement agencies having jurisdiction, before the initial opening day of classes. The School
agrees that at no time during the length of this Contract will the enrollment capacity exceed the
number of students permitted by zoning capacity, applicable laws and regulations. If the School
fails to obtain all licenses, permits, use approval, facility certification, and any other approvals as
required by the local governrnent or any other governrnental bodies having jurisdiction ten
(10) working days prior to the initial opening day of classes, this Contract shall terminate with
no compensation due to the School, however, the application shall remain effective for the
following school year.
(5) The School agrees not to affix any religious symbols, statues, artifacts, etc., on or
about the property and facilities where the School will operate.
(6) The lease shall be for the term of the Contract or in lieu thereof a lease and plan
to ensure a facility consistent with Section C, Facilities, items 1-5 above, for the duration of the
Contract.
D. TRANSPORTATION
(1) The School agrees to provide transportation to the School's students consistent
with the requirements of Part 1. E. of Chapter 1006, Florida Statutes. At the discretion of the
School's governing body, transportation will be provided through private providers who meet
all applicable State and Sponsor's safety and transportation standards with funds allocated to
eligible students. Transportation shall not be a barrier to equal access for all students residing
within a reasonable distance, not greater than four (4) miles, from the School as determined in
the School's transportation plan in the approved application. The School may choose to provide
transportation to students who live beyond four (4) miles from the School, at their discretion.
33
(2) The School will provide the Sponsor the name of the private transportation
provider and a copy of the signed transportation contract ten (10) working days prior to the
opening day of classes.
(3) The rate of reimbursement will be equivalent to the reimbursement rate provided
by the state for all eligible transported students within the district.
E. INDEMNIFICATION
(1) The School, to the extent immunity may be waived pursuant to 9768.28, Fla .Stat.
(2003), agrees to indemnifY, defend with competent counsel and hold the Sponsor, its
members, officers, and agents, harmless from any and all claims, actions, costs, expenses,
damages, and liabilities, including reasonable attorney's fees, arising out of, connected with or
resulting from: (a) the negligence of the School's employees, contractors, subcontractors, or
other agents in connection with and arising out of their services within the scope of this
agreement; (b) disciplinary action or the termination of a School employee; (c) the debts
accrued by the School and/or non-payment of same; (d) the School's material breach of this
agreement or violation of law; (e) any failure by the School to pay its suppliers or any
subcontractors, or (t) personal injury, property damage, or violations of civil rights that may
arise out of, or by reason of actions of the School and/or its employees, agents, and
representatives. However, the School shall not be obligated to indemnifY the Sponsor, against
claims, damages, expenses or liabilities to the extent these may result from the negligence of
the Sponsor, its directors, officers, employees, and subcontractors. The duty to indemnifY for
professional liability as insured by the School Leaders Errors and Omissions Liability Policy
described in this Contract will continue in full force and effect notwithstanding the expiration
or early termination of this agreement with respect to any claims based on facts or conditions
which occurred prior to termination. In no way shall the School Leader's Errors and Omissions
34
Liability Policy three (3) year limitation on post-termination claims of professional liability
impair the Sponsor's claims to indemnification with respect to a claim for which the School is
insured or for which the School should have been insured under Commercial General Liability
Insurance. In addition, the School shall indemnify, defend and protect and hold the Sponsor
harmless against all claims and actions brought against the Sponsor by reason of any actual or
alleged infringement of patent or other proprietary rights in any material, process, machine or
appliance used by the School.
(2) The Sponsor, to the extent immunity is waived pursuant to 9768.28, Fla. Stat.,
agrees to indemnify, defend with competent counsel and hold the School, its members, officers,
employees, and agents, harmless from any and all claims, actions, costs, expenses, damages,
and liabilities, including reasonable attorney's fees, arising out of, connected with or resulting
from: (a) the negligence, intentional wrongful act, misconduct or culpability of the Sponsor's
employees, contractors, subcontractors, or other agents in connection with and arising out of
their services within the scope of this agreement; (b) the Sponsor's material breach of this
agreement or law; (c) any failure by the Sponsor to pay its suppliers, contractors, or any
subcontractors, or (d) personal injury, property damage, or violations of civil rights that may
arise out of, or by reason of actions of the Sponsor and/or its employees, agents, and
representatives.
(3) The School and the Sponsor shall notify each other of the existence of any third
party claim, demand or other action giving rise to a claim for indemnification under this
provision (a "Third Party Claim") and shall give each other a reasonable opportunity to defend
the same at its own expense and with its own counsel, provided that the School or Sponsor shall
at all times have the right to participate in such defense at its own expense. If, within a
reasonable amount of time after receipt of notice of a Third Party Claim, the School or Sponsor
35
shall fail to undertake to so defend, the other party shall have the right, but not the obligation,
to defend and to compromise or settle (exercising reasonable business judgment) the Third
Party Claim for the account and at their own risk and expense which they each agree to assume.
The School or the Sponsor shall make available to each other, at their own expense, such
information and assistance as each shall request in connection with the defense of a Third Party
Claim.
(4) The School's and Sponsor's indemnity obligations under this proVISIOn and
elsewhere in the Contract shall survive the expiration or termination of this Contract.
F. INSURANCE
EVIDENCE OF INSURANCE
The School shall provide evidence of liability insurance in the following manner:
(1) As evidence of compliance with the insurance required by this agreement, the
School shall furnish the Sponsor with fully completed certificate(s) of insurance signed by an
authorized representative of the insurer(s) providing the coverage before the initial opening day
of classes.
(2) The evidence of insurance shall provide that the Sponsor be given no less than sixty
(60) days written notice prior to cancellation.
(3) Until such time as the insurance is no longer required to be maintained by the School,
the School shall provide the Sponsor with evidence of the renewal or replacement of the
insurance no less than 30 days before the expiration or termination of the required insurance for
which evidence was provided. Failure to comply with this section or to maintain the requisite
insurance coverage shall constitute a material breach of this Contract.
36
REQUIREMENTS OF INSURANCE
Insurers providing the insurance required by the School by this agreement must meet the
following minimum requirements:
(1) Be (I) authorized by subsisting certificates of authority by the Department of
Financial Services of the State of Florida, or (II) an eligible surplus lines insurer under Florida
Statutes. In addition, the insurer must have a Best's Rating of "A" or better and a Financial Size
Category of "VI" or better, according to the latest edition of Best's Key Rating Guide,
published by A.M. Best Company.
(2) If, during this period when an insurer is providing the insurance as required by
this agreement, an insurer fails to comply with the foregoing minimum requirements, as soon as
the School has knowledge of any such failure, the School shall immediately notifY the Sponsor
and promptly replace the insurance provided by the insurer with another insurer meeting the
requirements. Such replacement insurance coverage must be obtained within twenty (20) days of
cancellation or lapse of coverage.
Without limiting any of the other obligations or liabilities of the School, the School
shall, at the School's sole expense, procure, maintain and keep in force the amounts and types
of insurance conforming to the minimum requirements set forth in this agreement. Except as
otherwise specified in this agreement, the Insurance shall commence pnor to the
commencement of the opening of the School and shall be maintained in force, without
interruption, until this agreement is terminated.
COMMERCIAL GENERAL LIABILITY INSURANCE
Except as otherwise provided, the Commercial General Liability Insurance provided by
the School shall conform to the requirements hereinafter set forth:
37
(1) The School's insurance shall cover the School for those sources of liability
(including, but not by way of limitation, coverage for operations, Products/Completed
Operations, independent contractors, and liability contractually assumed) which would be
covered by the latest occurrence form edition of the standard Commercial General Liability
Coverage Form (1S0 Form CG 00 01), as filed for use in the State of Florida by the Insurance
Services Office.
(2) The minimum limits to be maintained by the School (inclusive of any amounts
provided by an umbrella or excess policy) shall be $1 million per occurrence/$3 million annual
aggregate.
(3) Except with respect to coverage for Property Damage Liability, the Commercial
General Liability coverage shall apply on a first dollar basis without application of any
deductible or self-insured retention. The coverage for Property Damage Liability may be subject
to a maximum deductible of$I,OOO per occurrence.
(4) The School shall include the Sponsor and its members, officers, and employees
as Additional Insured on the required Commercial General Liability Insurance. The coverage
afforded such Additional Insured shall be no more restrictive than that which would be afforded
by adding the Sponsor as Additional Insured using the latest Additional Insured - Owners,
Lessees or Contractors (Form B) Endorsement (1S0 Form CG 20 10). The certificate of
insurance shall be clearly marked to reflect "The Sponsor, its members, officers, employees,
and agents as Additional Insured."
AUTOMOBILE LIABILITY INSURANCE
The Automobile Liability Insurance provided by the School shall conform to the
following requirements:
38
(I) The School's insurance shall cover the School for those sources of liability
which would be covered by Section II of the latest occurrence edition of the standard Business
Auto Policy (ISO Form CA 00 01), including coverage for liability contractually assumed, as
filed for use in the State of Florida by the Insurance Services Office.
(2) Coverage shall be included on all owned, non-owned, and hired autos used in
connection with this agreement.
(3) The minimum limits to be maintained by the School (inclusive of any amounts
provided by an umbrella or excess policy) shall be $1 million per occurrence, and if subject to
an annual aggregate, $3 million annual aggregate.
WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE
The Workers' Compensation/Employers' Liability Insurance provided by the School
shall conform to the following requirements:
(1) The School's insurance shall cover the School (and to the extent its
subcontractors and its sub-subcontractors are not otherwise insured), for those sources of
liability which would be covered by the latest edition of the standard Workers' Compensation
Policy, as filed for use in Florida by the National Council on Compensation Insurance, without
restrictive endorsements. In addition to coverage for the Florida Workers' Compensation Act,
where appropriate, coverage is to be included for the Federal Employers' Liability Act and any
other applicable federal or state law.
(2) Subject to the restrictions found in the standard Workers' Compensation Policy,
there shall be no maximum limit on the amount of coverage for liability imposed by the Florida
Workers' Compensation Act or any other coverage customarily insured under Part One of the
standard Workers' Compensation Policy. The minimum amount of coverage for those
coverage's customarily insured under Part Two of the standard Workers' Compensation Policy
39
shall be: EL Each Accident: $500,000; EL Disease-Policy Limit: $500,000; EL Disease-Each
Employee: $500,000.
SCHOOL LEADER'S ERRORS AND OMISSIONS LIABILITY INSURANCE
The School shall provide, subject to reasonable commercial availability, the School
Leader's Errors and Omissions Liability Insurance conforming to the following requirements:
(I) The School Leader's Errors and Omissions Liability Insurance shall be on a
form acceptable to the Sponsor and shall cover the School for those sources of liability
typically insured by School Leader's Errors and Omissions Liability Insurance such as School
Leader's Errors and Omissions Liability Insurance policies offered by The National Union Fire
Insurance Company of Pennsylvania, arising out of the rendering or failure to render
professional services in the performance of this agreement, including all provisions of
indemnification, which is part of this agreement.
(2) The insurance shall be subject to a maximum deductible not to exceed $25,000 per
claim.
(3) If on a claims-made basis, the School shall maintain, without interruption, the
Professional Liability Insurance until three (3) years after termination of this agreement.
(4) The minimum limits to be maintained by the School inclusive of any amounts
provided by an umbrella or excess policy, shall be $1 million per claim/annual aggregate.
PROPERTY INSURANCE
The School will provide property insurance for the full replacement value of the school
facility and all contents. The School will provide evidence to the Sponsor of appropriate
insurance policies.
APPLICABLE TO ALL COVERAGES
The insurance provided by the School shall apply on a primary basis and any other
insurance or self-insurance maintained by the Sponsor or its members, officers, employees or
40
agents, shall be in excess of the insurance provided by or on behalf of the School. Except as
otherwise specified, the insurance maintained by the School shall apply on a first dollar basis
without application of deductible or self-insurance retention. Compliance with the insurance
requirements of this agreement shall not limit the liability of the School, its subcontractors, its
sub-subcontractors, its employees or its agents to the Sponsor or others. Any remedy provided
to the Sponsor or its members, officers, employees or agents by the insurance shall be in
addition to and not in lieu of any other remedy available under the agreement or otherwise. The
School shall require its subcontractors and its sub-subcontractors to maintain any and all
insurance required by law. Except to the extent required by law, this agreement does not
establish minimum insurance requirements for subcontractors or sub-subcontractors.
Neither approval by the Sponsor nor failure to disapprove the insurance furnished by
the School shall relieve the School of the School's full responsibility to provide the insurance
as required by this agreement. The School shall be in default of this agreement for failure to
maintain such insurance as required by this agreement.
PARTV.GOVERNANCESTRUCTURE
(1) The seven member, duly elected representatives of the City of Aventura
Commission, will serve as the School's Board of Directors (Board).
(2) The primary responsibility of the Board is to lead III the identification and
development of broad goals and specific objectives to be accomplished by the School. The
Board supports these goals and objectives by armually adopting an operating budget.
(3) According to statute the Board will make or direct the submission of an armual
progress report to the Sponsor.
(4) The Board shall oversee the City Manager who will be responsible for
supervising the terms of the Contract and the day-to-day operations of the School. The City's
41
agreement with the education management company shall ensure that all the provisions herein
and in the application attached hereto as Appendix A shall be enforced.
(5) The School will be held accountable to its students, parents/guardians, and the
community at large, through a continuous cycle of planning, evaluation, and reporting set forth
in Florida's Charter School Legislation.
(6) The City Manager, pursuant to Resolution No. 2003-45 and the Municipal
Charter of the City of A ventura in consultations with School staff, will be responsible for the
over-all policy decision making of the School, to include creating/adjusting the curriculum and
developing an annual budget.
(7) The School's governing body shall be fingerprinted by the school district prior
to the approval of the School's Contract. Board members appointed to the governing body after
the approval of the School's Contract must be fingerprinted within 30 days of their
appointment. The cost of fingerprinting shall be borne by the School or the governing body
member. The School agrees to dismiss governing body members whose fingerprint checks
results reveal noncompliance with standards of good moral character.
(8) The Principal shall be an employee of the City and shall be directly supervised
by the City Manager under the guidance of the education management company. The City may
employ other key personnel of the School who shall be directly supervised by the Principal.
The teachers, support, and contractual staff will be directly supervised by the Principal or the
education management company, as applicable.
(9) A School Advisory Board (SAB) will be established to facilitate achievement of
the mission of the School, and to ensure that the School meets the needs of the children and
community it is developed to serve.
42
(10) The Board is responsible to all of the people for whose benefit the School has
been established. The Board's primary responsibility is to insure the best educational outcome
by the students attending the School. The Board, through its City Manager, will employ
qualified, professional staff, contract with qualified entities for administrative, management
and/or educational services, and/or select a reliable and proven educational management
organization to implement those programs and procedures which will produce the best
educational achievement. The powers and duties of the Board will be as conferred and
prescribed by law.
(11) As indicated above, the School will be responsible for administrative school
functions, such as bookkeeping, pursuant to the rules and policies that are developed by the
City Manager.
(12) No member of the School's Board of Directors will receIve compensation,
directly or indirectly from the School's operations. Violation of this provision shall constitute a
material breach ofthe Contract.
(13) The School's parents/guardians will contractually agree to be responsible for
their children's attendance (per applicable rules and regulations), classroom participation, and
behavior. Attached, as Appendix 0 is the School's Parental Contract. To insure that
parents/guardians will have a strong voice in the governance of the School, the following
policies will be observed:
. board meetings will be open to the public in accordance with 9286.011,
Fla. Stat. (2003), and parents/guardians shall be notified in a timely manner and
encouraged to attend. Notification will also be available in languages other than
English e.g., Spanish, and Haitian-Creole; and
43
. periodic academic progress meetings will be held with parents/guardians as a
way to provide "open discussion" and two-way feedback on student and
program progress.
(14) The School will comply with ~1l9.01l(l), Fla. Stat. (2003), relating to public
records in that all the financial and membership records shall be public records and subject to
the provisions of~1l9.07, Fla. Stat. (2003).
(IS) The School's governing body or its representative pursuant to Resolution No.
2003-45 and the Municipal Charter of the City of A ventura, will provide to the Sponsor on an
annual basis, by September 1st, a schedule of all governing body meetings for the school year,
including the date and time of the meetings and the locations. The School will be responsible
for notifYing the Sponsor of any changes to this schedule at least two (2) days prior to the
meeting.
(16) The School agrees to allow reasonable access to its facilities and records to duly
authorized representatives of the Sponsor. Failure to provide such access will constitute a
material breach of this Contract.
PART VI. MANAGEMENT COMPANIES
(I) If a management company will be managing the School, the contract between
the management company and the governing body of the School shall be submitted to the
Sponsor prior to the approval of the School's Contract. All amendments to the contract between
the management company and the governing body of the School shall be submitted to the
Sponsor within five (5) days of execution.
(2) The contract between the governing body of the School and the management
company shall require that the management company perform its responsibilities regarding the
44
School in accordance with the terms stipulated in the School's Contract and all applicable laws,
ordinances, rules, and regulations.
(3) Any default or breach of the terms of this Contract by the management company
shall constitute a default or breach under the terms of the Contract between the School and
Sponsor, and upon notice the School shall have the obligation and responsibility to cure such
breach.
PART VII. HUMAN RESOURCES
A. EMPLOYMENT
(I) The Governing Board of the charter school, through its City Manager pursuant
to Resolution No. 2003-45 and the Municipal Charter of the City of Aventura, will employ
qualified, professional staff; contract with qualified entities for administrative, management
and/or educational services; and/or utilize the services of a professional education management
company for the daily operations of the School. The principal and other key personnel shall be
employees of the City. An education management company or other qualified entity will be the
actual employer of other School staff. All employees of the School will receive benefits
including health, retirement and all other benefits prescribed by Federal and State Labor Law.
City employees shall be hired pursuant to the personnel policies and procedures of the City.
The School shall contract with the education management company or other qualified entity to
hire all other School employees, and shall submit annually to the Sponsor its written strategies
used to recruit, hire, train, and retain qualified staff. The School agrees that its employment
practices shall be nonsectarian.
(2) The School shall be responsible for promoting diversity in its staff.
(3) All instructional staff assigned to the School and under the employ of the City, an
education management company or other qualified entity shall be certified as required by
45
Chapter 1012, Florida Statutes. The Principal who shall be certified as required by Chapter
1012, Florida Statutes, may be employed directly by the City of Aventura and not an education
management company if the City of A ventura so chooses. The School may employ or contract
with skilled selected noncertified personnel to provide instructional services or to assist
instructional staff members as education paraprofessionals in the same manner as defined in
Chapter 1012, Florida Statutes. Their qualifications will be available to parents and community
members upon request. Parents will be advised of the School's commitment to providing
continuing professional development programs for its teachers to enhance their ability to
maximize student learning. Their resumeslbiographies will be available to parents/guardians
and community members upon request. Parents/guardians will be advised of the School's
commitment to providing continuing professional development programs for its teachers to
enhance their ability to maximize student learning.
(4) The School agrees to provide the Sponsor the names and social security numbers of
all prospective new employees. In order to ensure that all School employees are processed
properly through the Sponsor, the School will provide the Sponsor, by the 5th of each month,
copies of the payroll roster for the previous month. Failure to provide this information on a
timely manner may result in withholding of FTE payments and shall constitute a breach of this
contract. A repeated failure to provide this information shall be deemed a default of this
Contract. The parties agree that the School will utilize the Sponsor's specifically designed
Charter Personnel electronic reporting facility and procedures for processing staff information.
The Sponsor agrees to provide appropriate training to School personnel on the use of the
electronic reporting facility.
46
(5) The School agrees not to knowingly employ an individual for instructional
services if the individual's certification or licensure as an educator is suspended or revoked by
this or any other state.
(6) The School agrees not to knowingly employ an individual who has resigned in
lieu of disciplinary action or who has been dismissed by any school district.
(7) The School agrees to disclose to the parents/guardians and the Sponsor the
qualifications of its teachers upon request.
(8) The School agrees to fingerprint all applicants for instructional and
noninstructional positions including contracted personnel, as required by SlOI2.32(2)(a),
Fla. Stat. (2003), and Board Rule 6Gx13- 4C-1.021. The Sponsor shall perform the processing of
each applicant's fingerprints. The cost of fingerprinting will be borne by the School or the
applicant. The School agrees that School employees shall not be hired prior to the Sponsor's
receipt and review of the fingerprint results of the charter school applicants from the Florida
Department of Law Enforcement and the Federal Bureau of Investigations. Potential School
employees shall submit official court dispositions for criminal offenses of moral turpitude listed
as part of their fingerprint results. The School agrees not to hire applicants whose fingerprint
check results reveal non-compliance with standards of good moral character.
(9) The School agrees to conduct general drug screening on all applicants for instructional
and non-instructional positions with the School, including contracted personnel, in the manner
set forth in School Board Rule 6Gx13- 4-1.05 and the Miami-Dade County Public Schools
Drug-Free Work Place Technical Guide, attached hereto as Appendix P. A negative drug
screening result shall be a requirement for employment. The cost of drug screening will be
borne by the School or the employee.
47
(10) The School agrees that its employees will be required to abide by the guidelines
set forth in Chapter 6B-1.001, Code of Ethics of the Education Profession in Florida, and
Chapter 6B-1.006, Principles of Professional Conduct for the Education Profession in Florida,
hereby attached as Appendix R.
(11) Attached, as Appendix A, is the School's policy for selecting and employing
personnel.
(12) Pursuant to SI002.33(12)(b), Fla.Stat.(2003), School employees shall have the
option to bargain collectively and may collectively bargain as a separate unit or as part of the
existing district collective bargaining unit as determined by the structure of the School.
(13) The School expressly reserves the right to discipline employees in accordance
with the laws of the State of Florida and any applicable federal law. The School will apply
thorough, consistent, and even-handed procedures in disciplinary actions. Terminated
employees are entitled to receive compensation for the time they have been employed.
B. PRIVATE OR PUBLIC EMPLOYEES
The School shall be a private employer as referenced in Appendix A. Teachers and
other staff on approved charter school leave from the Sponsor will be considered employees of
the School and as such will not be covered by the contract between the United Teachers of
Dade (UTD) and Miami-Dade County Public Schools.
PART VIII. MISCELLANEOUS
(1) Neither party shall be considered in default of this Contract if the performance
of any part or all of this Contract is prevented, delayed, hindered or otherwise made
impracticable or impossible by reason of any strike, flood, hurricane, riot, fire, explosion, war,
act of God, sabotage, accident or any other casualty or cause beyond either party's control, and
which cannot be overcome by reasonable diligence and without extraordinary expense.
48
(2) This Contract shall constitute the full, entire, and complete agreement between
the parties hereto. All prior representations, understandings and agreements whether written or
oral are superseded and replaced by this Contract. This Contract may be altered, changed,
added to, deleted from or modified only through the voluntary, mutual consent of the parties.
Any substantial amendment to this Contract shall require written approval of the School Board
and the School.
(3) This Contract shall not be assigned by either party. The School may, without the
consent of the Sponsor, enter into contracts for services with an individual or group of
individuals organized as a partnership or cooperative so long as the School remains ultimately
responsible for said services as set forth in this Contract.
(4) No waiver of any provision of this Contract shall be deemed or shall constitute a
waiver of any other provision unless expressly stated. The failure of either party to insist in any
one or more instances upon the strict performance of anyone or more of the provisions of this
Contract shall not be construed as a waiver or relinquishment of said term or provision, and the
same shall continue in full force and effect. No waiver or relinquishment to any provision of
this Contract shall be deemed to have been made by either party unless in writing and signed by
the parties.
(5) Non-compliance with any of the terms and conditions of this Contract shall
constitute a material breach of Contract.
(6) All representations and warranties made herein shall survive termination of this
Contract.
(7) If any provision or any part of this Contract is determined to be unlawful, void
or invalid, that determination shall not affect any other provision or any part of any other
49
provision of this Contract and all such remaining provisions shall continue in full force and
effect, notwithstanding.
(8) This Contract is not intended to create any rights of a third party beneficiary.
This clause shall not be construed, however, as a waiver of any right possessed by a member of
the community, a student or parent/guardian of a student of the School.
(9) This Contract is made and entered into in the State of Florida and shall be
interpreted according to the laws of that state. The language and all parts of this Contract shall
in all cases be construed as a whole according to its fair meaning, and not strictly for or against
any of the parties.
(10) Every notice, approval, consent or other communication authorized or required
by this Contract shall not be effective unless same shall be in writing and sent postage prepaid
by United States mail, directed to the other party at its address hereinafter provided or such
other address as either party may designate by notice from time to time in accordance herewith:
City of A ventura, Florida
c/o Eric Soroka, City Manager
19200 West Country Club Drive
A ventura, Florida 33180
The School Board of Miami-Dade County, Florida
1450 Northeast Second Avenue, Suite 931
Miami, Florida 33132
Attn.: Deputy Superintendent for Education
Copies of all Notices to:
Clerk of the School Board
1450 Northeast Second Avenue
Miami, Florida 33132
(11) The School and the Sponsor both represent that they have been represented in
connection with the negotiation and execution of this Contract and they are satisfied with the
representation.
50
(12) The headings in the Contract are for convenience and reference only and in no way
define, limit or describe the scope of the Contract and shall not be considered in the
interpretation of the Contract or any provision hereof.
(13) This Contract may be executed in any number of counterparts, each of which shall
be an original, but all of which together shall constitute one Contract.
(14) Each ofthe persons executing this Contract represent and warrant that they have the
full power and authority to execute the Contract on behalf of the party for whom he or she signs
and that he or she enters into this Contract of his or her own free will and accord and in
accordance with his or her own judgment, and after consulting with anyone of his or her own
choosing, including but not limited to his or her attorney.
(15) In the event of any conflict between the provisions of this Contract and any
Appendix, this Contract shall prevail.
51
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the day and year
first above written.
ATTEST:
By:
THE CITY OF A VENTURA, FLORIDA, on behalf of
A VENTURA CITY OF EXCELLENCE CHARTER SCHOOL
Cv 31/os
Date
-rers--
By:
Signature of Ci
Name~eA rn. JOl<OtJt. :3!dQ.)
City Clerk
Name:
E e. \ <- H. .so \"""0 Ii 0-
City Manager
ATTEST:
THE SCHOOL BOARD OF MIAMI - DADE COUNTY, FLORIDA
By~e.)
u F. rew, Ed.D.
Secretary
APPROVED AS TO FORM:
9J~;)~
School Board Attorney
'JIlt/at;
7DF
]/~5_
~
By:
Mr. J. Bolaiios
Chair
'/I~/~r
/ Date
52
Aventura Charter Elementary School
List of Appendices
Appendix A...................................................................................................... Application
Appendix B ...............................................................................1mplementation Timetable
Appendix C .......................................................................Dispute Resolution Procedures
Appendix D ....................................... District Plan for Limited English Proficient Students
Appendix E ..........................Special Programs and Procedures for Exceptional Students
with Amendment
Appendix F ...................................................................................... Medicaid Procedures
Appendix G............................................................................... Student Progression Plan
Appendix H .................................................. Procedures for Promoting and Maintaining a
Safe Learning Environment
Appendix I..................................................................................Code of Student Conduct
Appendix J .................................................................... Fiscal Technical Assistance Note
Appendix K ................................................................ Capital Outlay Funding Procedures
Appendix L.................................................................................. Rules of Auditor General
Appendix M............................................................................. Audit Completion Checklist
Appendix N ................................................................. Base Funding Estimate Worksheet
Appendix 0............................................................................................... Parent Contract
Appendix P .......................................................CSUSA Drug-Free Workplace Guidelines
Appendix Q................................................. School Board Rule 6Gx13- 4.105 (Drug Free
Workplace General Policy Statement)
Appendix R ........................................................... Code of Ethics - Education Profession
Appendix A
A ventura Charter
Elementary School
(ACES)
~A Charter School-In- The-Municipality~
MIAMI-DADE COUNTY PUBLIC SCHOOLS
Charter School Application
2002-2003
October I, 2001
Appendix B
Implementation Timetable*
A ventura Charter Elementary School
Task
Charter and Site Development
MDCPS Review Charter Application
School Board Votes on Charter Application
MOCPS Reviews Charter Contract & Votes
Secure Land
Secure Facility Financing
Finalize Facilty Design
Pennitting Process
Ground Breaking Ceremony
Constuction
School Development
Register Web Domain Na':f1e
Construct Website
Administrative & Staff Recruitment
Hire Principal & Adminsitrative Staff
Administration Development, Training & Orientation
Hire Teaches & Other Staff
Staff Development, Training & Orientation
Marketing
Enrollment
Student Registration
Order FF&E
Tag and Install FF&E
Contract Food Service & Transportation
Final Steps
Fire Inspection
Building Inspection
Obtain Insurance
Fingerprinting & Drug Testing
MOCPS Compliance Inspection
Grand Opening
. dates subject to change
Start
Finish
Oct-01 Dec-01
Dec-01
Jan..{)2 Mar-Q2
Sep-01 Apr-02
Sep-01 May-02
Jan..{)2 Mar..{)2
Mar-02 Aug-02
Aug-02
May-02 Jul-03
Sep-01
Oct"()1 Jan..{)2
Jan-02 Jul-03
Feb-03 Mar-03
Mar..()3 ~un-03
Jun-03 Jul-03
Jul-03 Aug-03
Jan-02 Aug-03
Sep-02 Aug-03
Jun-03 Aug-03
May-03
Aug-03
Jul-03
Jul-03
Mar..{)3
Jul-03 Aug-03
Jul-03 Aug-03
Jul-03
Mar-03 Jul-03
Aug-03
Aug-03
. Dates subject to change
CIty of ^vcnlur<1
(0 GHNlT!::R SCHOOLS US^
Appendix C
DISPUTE RESOLUTION PROCEDURE
A. The Sponsor and the School agree that the existence and details of a dispute
notwithstanding, both parties shall continue without delay their performance
hereunder, except for any performance which may be directly affected by such
dispute.
B. Either party shall notify the other party that a dispute exists between them. Such
notification shall be in writing and shall Identify the article and section of the Contract
that is in dispute and the grounds for the position that such article and section is in
dispute. The matter shall be immediately submitted to the Sponsor's Deputy
\. . .
Superintendent for Education and the School's Director for further consideration and
discussion to attempt to resolve the dispute.
C. Should the representative named in paragraph B be unable to resolve the dispute
within then (10) days of the date of notification by one to the other of the existence of
such dispute, then the matter may be submitted by either to the Sponsor's
Superintendent of Schools and to the School's Presidents, for further consideration
and discussion to attempt to ,resolve the dispute.
D. Should the parties still be unable to resolve their dispute within thirty (30) days of the
date of notification by one to the other of the existence of such dispute, then the
matter may be submitted to mediation and 'appealed to an administrative law judge
as provided in Section 228.056 (4), (f), Fla. Stat. Any disputes relating to
nonrenewal or termination shall follow the procedures set forth in Section 228.050
(10), Fla. Stat.
Appendix 0
DISTRICT PLAN
FOR
LIMITED ENGLISH PROFICIENT
\ STUDENTS
1998-2,00 1
MIAMI-DADE COUH1Y PUBLIC SCHOOLS
MARCH 1998
\
REVISED
(January 1999)
Appendix E
6Gx13- 6A-1.331
Instruction-Elementary and Secondary
PROCEDURES FOR PROVIDING SPECIAL EDUCATION FOR EXCEPTIONAL
STUDENTS
As a primary goal, it is the policy of The School Board of Miami-Dade County,
Florida to provide access for exceptional students to specialized instruction and
related services that are individually designed to provide educational benefit to
children with disabilities. An exceptional student shall be defined as any student
who, because of physical, mental, emotional or learning disability is unable to
receive an appropriate educational program without specialized instruction and, if
appropriate, related services. This instruction may be provided in a regular class,
a special class, or in a special facility. The term exceptional student shall also be
applied to those students Identified as gifted.
The Board will provide special educational programs to students who show
eligibility and require special education in one or more of the following areas;
deaf
or hard-of-hearing; visually impaired; physically impaired; trainable and educable
mentally handicapped; emotionally handicapped; specific learning disabled;
speech and language il1ipaired; homebound or hospitalized; profoundly
handicapped, which includes the autistic, dual sensory impaired, profoundly
mentally handicapped, and severely emotionally disturbed. Services are also
provided for the gifted student.
Exceptional Student Education is an integral part of Miami-Dade County Public
Schools. Regular schools, special centers, special services, related state and
local agencies, and resources are all utilized. All of the facilities and services of
the regular school are made available to the exceptional student.
The document entitled Special Programs and Procedures for Exceptional
Students, Effective Dates: 2000-2001 through 2002-2003, is a part of and
incorporated
into this rule and will be submitted to the Florida Department of
Education.
Copies of Special Programs and Procedures for Exceptional Students,
Effective Dates: 2000-2001 through 2002-2003, are on file In the Office of
Board Recording Secretary and the Citizen Information Center.
Specific Authority: 230.22(2); 230.23(22) F.S.
Law Implemented, Interpreted, or Made Specific: 228.041(19); 230.23(4)(m) and
(n);
230.23005(3)(d); 230.33(6) F.S.
History: THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA
New: 11-28-79
Amended; 1-14-81; 9-23-81; 2-17-82; 12-8-82; 10-19-83; 4-11-84; 1-9-85; 8-21-
85;
7-23-86; 11-19-86; 9-30-87; 12-7-88; 1-10-90; 1-9-91; 6-5-91; 3-4-92; 4-14-93; 6-
22-94;
7-12-95; 3-27-96; 4-16-97; 4-15-98; 3-17-99; 1-12-00; 12-12-01
Appendix F
MEDICAID CERTIFIED SCHOOL MATCH
PROCEDURES FOR M.;oCPS CHARTER SCHOOLS
Miami-Dade County Public Schools (M-DCPS) Charter Schools may receive Florida
Medicaid reimbursement for services provided by the Charter School which qualify under
the Medicaid Certified Match Program. The reimbursable services are occupational
therapy, physical therapy, speech therapy, behavioral services evaluations (psychology
and social work), nursing services and transportation services.
Reimbursement is available only for students:
who meet eligibility criteria for placement in an Exceptional Student Education (ESE)'
program under the IndiVidual. with Oisabilities. Education-Act (IDEA); Part. 8 of.
Part C,
who are Medicaid eligible,
who have the service referenced in their Individualized Education Plan !IEP) or
Family Service Plan (FSP), and
who are under 21 years of age.
Services provided by the Charter Schools which are paid from federal funds are not eligible
for reimburser:nenl Providers may be full-time or part-time direct hire or contracted. Charter
Schools will not be reimbursed for services paid for by M-DCPS. Providers. must meet
eligibility requirements and .cooperate with Cost Management Services (CMS), the
""Qnsulting firm implementing the program. Copies of credentials (I.e., license, Department
.' Education certification, Maste(s degree, college transcript) must be provided to CMS
through M-DCPS prior to initiating the program. .
Positions eligible for reimbursement for services provided include:
Occupational Therapist (OT)
Physical Therapist (PT)
SpeechlLanguage Therapist
Social Worker
PsychOlogist
Registered Nurse (RN)
licensed Practical Nurse (LPN)
M-DCPS has contracted with CMS to develop and implement the Medicaid Certified School
Match Program. The schools will cooperate directly with CMS to insure accuracy of
information, timely submissions, problem-solving, and generally smooth now of program
Jperalion.
Page 1 of 2
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Miami-Dade County Public Schools
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dent
Appendix I
-
Elementary
Miami-Dade County Public Schools.
ALTERNATIVE EDUCATION AND DROPOUT PREVENTION PROGRAMS
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BOARD RULE 6Gx13- 5D-1.08
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TECHNICAL ASSISTANCE NOTE
No. 2001-IS
~ l 0 I( . 0."
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IJllrCGIl ojSdr{Jnl {),tiiiil!ss'Si!rviccs'" ,.
Oflice oj"i'ill/dil/g ((Ild Fil/al/cial Reporting
(OUI~IC(: L(nd~l CllOllllpioll
Ikpar'lrncnL
Or t:ducaLion
Ch:U-ICf Schools
..-.-.----
I8}OH&&-5142
SC: 278-5142
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I)A TE:
TO:
.
November 2, 2000
District Finance Officers
FROM:
David Morris, Administrator
,
~0~
SUIlJECT: Charter Schools
[n order to provide comparable c1thter school and public school fiscal dala, Section 22S.056(8),
F.S., was amended by the 2000 Legis[ature 10 require charter schools to maintain their financial
records in aCCOrdance with the "Red Book" account struct~_ Additionally, an Annual Financial
R.eporl and Pmgram Cost Report using state-required formats must be provided for each charter
;chool.
:or1hose charter schools that are organized as a separate nonprofit organiution,the requirement
or submission of an Annual Financial Report is satisfied by the ine[usion 0:' the charter school as
l discretely presented component unit in the financial statements of the: sponsoring school,
listrict. For charter schools that are operated by a municipality or a parent nonprofit,
,rganization, submission of a separate annual financiallqlOrl using slate-re:quiced fo~tS n-i~(
e provided. Each charter school, regardless of the legal stcuctlUe,must submit (tlWuglqhe.< .
ponsoring district) a Program Cost Report. Program Cost Reporting $oft\~Was1UOdificcfin: ',:':
~vious yc:aa to accommodate the tcansmissionofthisdata., ' _.;., '_ _.' \,". 'J ..,".1.); :', ~';) :'." v. .
his correspondence is intended as an update (0. Technieal Assistance Note 2000-05~~ed ,
.ugust D, 1999. regarding c1larter school fisca[ i"formation. Please find &llaclted the amended
Ibsection, Section 228.05G(8)(i), F.S., for your rcview. Also attached is DPS Memorandum
J-D4, dated July 10,2000, which describes all changes in charter school [awenacted by the
)00 scssion.
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M:lc
Supcrinlcndents
lECHNICALASSISTANCE NOTE
No. 2000-05
.. 0." . 0 A
Bureau o/School,Business Services .
Office 0/ Eunaiiig ana Financial RePorting
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)cparlmcnl
r Educalion
Ch:tr1cr School Fisc~f Informa(ioll
COnlJet: Dcbor~h Bruggink
(Sj0J4SS.514~
SC: 21&-5141
. -- ...... ........
DATE:
August 13, 1999
TO:
District Finance Officcrs _ (j
David Morris, Administrator /.-f1f/vt1/J1~
.
FROM:
SUBJECf:
Charter School Fiscal Information
The pwpose of this memorandwn is to bring together financial management information .for
charter schools. Legislative c:hatIges from the 1999 session are highlighted -in a box unde~:'the . ,"
appropriate subject heading. . '.
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SUDlllementalAcademic Instruction (SAn CatC1!orical
This new categorical is primarily a restructuring in that funding for sununer school, dropout
prevention, and other methods of improving student achievement are combined to gmnt districts
flexibility in programming.
Update: . .
E!igtole supplemental instruction includes but. is not limited to:..modificd CunicuJunt; '~(l~
instruction, after School iiistructioo,; tutoring, ntentoring, class sire ~uction, extended"schOoI
year, and intensive sldlls developmerit in'summer school Ifa district .is ~ntlacting ~th ne\y~~ ,'M""":' "
existing c:haner schools which are provicling any e1igibleSA!seMCCs..the,~.scl1OOls are:, '
entitled to receive'8.t least their UFTE sbarCofthe SA! funding. . ',' : c ,'" .
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In some cases, however. chacter schoolsmay'be'entitled to a greater amount of the SA! funding
than the minimal base UFTE share. These instances arise primarily when the charter school has
been approved by the school board to target an(l to serve a student population which requireS,
either'by law or by contract, a higher level of SA! services. The most common examples are
charter schools which have been contracted to provide dropout prevention services to a
predominantly at-risk student population, or charter schools which ace SCNing students with
disa.bilities who require extended school yearServices.
The weighted funding previously included in the cost factor for dropout prevention and sununer
school was moved to the SAI categorical. A hold hacmless provision was included in the
appropriations pC'oviso of the FEFP and SAI to provide a minimum funding for charter schools at
the same per fTE student funding as 1998-99. These provisions evidence legislative intent that
the new funding structure should not reduce the level of fundinr, for ehancr ,chool', [Ilcr"",cr,
---------------"-
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TAN Note 2000-05
rage 3
pistrict P.t.rnerits'to:~hm:ter.6cltollls1r.17$c;;:l)nj~ ,: ',,:::. ': ...'
DisbursemeCitsto"chartt:f"Schoolfor its sharl: of funding sHould 'be recorded by the school bOard'
in the fonowing manner:
I.
Unrestricted funds
A. Charge payment to Function 5000. Instruction, Object 310, Professional and
Technical Services.
Restricted funds
A. Transportation funds - charge payment to Function 7800, Pupil Transportation
Services, Object 310, Professional and Technical Services. '
B. Food Service funds - charge payment to Function 7600, Food Services, Object
310, Professional and Technical Services.
C. Other Categorical funds - charge payment to the various function and object codes
as appropriate for categorical purposes.
D. Federal Projects - The school district is the subreeipient of Federal aid passed
through the DOE and is responsible for oversight accounting. The DOE
Comptroller is cequesting expenditure reports filed in the same manner that.
districts are accustomed to submitting, in order to discharge DOE's accounting il.rid ,
reporting responsibilities and for Federal audit purposes. Accordingly, itWiil be
neC'~lII)' for the district to charge expenditures to the various function artd'Object
codes as appropriate on its books. 1bis could be done by providing services and
materials to charter schools or by providing the money to the charter schools and
cequiring documentation of the expenditures in the same manner as if the district
spent the money. .
E. Capital Outlay funds - PECO and School [nfrastructure Thrift (Sl1) awards
available to charter schools should be rccorded in the appropriate capital outlay
funds. The portion of the award to be distributed to the charter schooll!hould be
traasfecred to the General Fwd for disbursement. The payments from the GenCm\ :
Fund should be recotded as Function 5000; object 390.~ther'Purchased, Services~:
n.
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Update: .,' ' . " . ,.' ._,
The 1m Legislature amended the enclosed Section 228.056 (t3)(d), FoS..'on page 9. bycitiog
Fcderallaw that requires all charter schools to receive all federal funding for which theC:b:3rter
school is eligible, including Title I funding, not. later than 5 months after the charter school
opens and Within S months after any subsequent expansion of student enrollmenL One
effect of this change in Federal and State statute is that charter schools are r:equired to receive
any Title I funding for which they may be othClWise eligible inunediately in their first year of
operation, rather than the traditional delay requiring one year of prior Operation and FTE data.
~ change in Fed6rat statute took effect in April, 1999.
',"
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TAN No(c 2000-05
Page 5
l'rol!ram Cost Reoort
Districts ace still required to report charter school program cost expenditures in the same format
as the program cost report for district schools. TIle program COSI repon sortwarc was recently
updated to facilitate the districts rcporting thc program costs of chartcr schools.
Update:
The Technical Assistance Note (TAN) No. 99-19. dated July I, 1999, contained the instruCtions
to obtain the software changes to report charter school expenditures through the Program CoSt
RqJort in 1998-99. The updated pages for the User's Guide were also attaehed to the
TAN No. 99-19. The Fonn 6 panel was amended to include a reconciling category for charter
schools that would contain the amoWlt the district distributed to charter schools. A Form 7 panel
was also added to allow districts to input each charter school's expenses.
Financial Records
Because charter schools ace subject to annual audits, as outlined in Section 228.056 (8), F .s., the
cbaner schools should be inslrUc\ed to maintain documentation to support expenditures that ace
catered in . the books of accoWlt and reflected in the financial statements. Such documentation
will take the fonn of original invoices, payroll information, ~ statements, and receipts. While
cbaner schools ace not required to abide' by restrictions placed on district pui-cbasing
requirements for bids and quotations, good business practices recommend that the charter
schools document that they obtained the best price available for goods and services under the
circumstances. Employee compensation will also be expected to reasonably relate to local
market conditions for various employee classifications.
It is suggested that cbaner schools adopt the governmentai accounting nlodel and follow the fund
and account".strucnirC provided in the Red Book. While charter schools' may" Use "a,nother
accountiag "model, as explained in the next section, the financial. infonnation will "nced to ~
cross-waIked" to the ~ Book. structure.. The-use of the Red Boo"-' aocountswould save the etfort
noededto Cl'Oss'-w8Il<aM.Should becncouiagecL " " . ."
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GOvemmen'tal Funds Model. '.
The legal entity of a charter school is outlined in Section 228.056 (7), F.s.; and states that a
cbaner school shall be ocganized as, or be opea,ted by, a nonprofit ocganizar.ion. As updated in
TAN No. 99-09. dated Oc.tober I. 1998, if the nonprofit entity was created for the purpose of
operating a charter school. generally accepted aCCOWlting principles require that the financial
activities of the school be aecOWlted for using the governmental accounting model. A nonprofit"
entity created for the purposc of operating. a, charter school is a government as defined by the
AICPA Audit and ACCOWlting Guide. Not-For-Profit.omanizations.
..
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A charter school may, however, be operated by a nonprofit Ocganization that existed prior to the
creationof1he charter school and maintains its" records using the nonprofit acCounting model. In
this instance, the charter school operates as part of another organization and thercfore, -may use
the parent organization's model.
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Inde"endent~lI'ditl~~:!: .P.,!tl.i;';'
TI\cre is no change.in the..requir~.tncint outli'nCd in.Section 228.056 (8):F:S.;.ihan:hafter schools
oblain an annual audiL Howev.:r. the 1999 Legislalure added requirements governing auditor
selection, completion of audit, response, and correLlive aClions.
Update:
Effective July I, 1999, each chaner school shall have an annual financial audit completed within
12 months after the end of its fiscal year by an independent cenilied public accountant retained
by and paid for from funds of the charter school. TIle charter schools must establish an audrtor
selection committee and select an independent certified public accountant based on criteria set
forth in statute. Charter schools must comply with all provisions related to the submission of
their audit report to the Auditor General including the response/rebuttal and corrective actions.
(Section 11.45 (3)(a), F.S.) I
CbarterSchool Payments to District
If a district obtains goods and services for a charter school, the district can charge the eharter
school no more than the district's llctual cost.
The district may agree to provide food service and/or pupil transportation services to a eharter
school and withhold the amount of money that is otherwise due to the charter school. While this
is an acceptable cash flow strategy, an end of the year fiscal book adjUSlmentfor the charter
school should be made to reflect the rc:venue and the expenditures for the services. District
receipts for services should be abated against the appropriate district expenditure accounts. .
Use of District Prooerty - Surolus. Marked for Disposal. or Unused
Districts are still required in Section 228.056 (13)(g), F.s.. to make available to charter schools
any facilities or property that are swplus, marked for disposal, or otherwise unused in the same
manna offered to other schools in che district. Such.tacil.ities or:propetty:may not be sold or.
disposed. oCby the charter schoolwithoUl ~ttCil.pennissioa. --
. .
Use ofF.eilitv bv Conversion School
Scc:Uon 228~056 (13)(g), F.s.. still contains the provision that a district can not charge.a
conversion charter school a rental or a leasing fee for the school or its property inventory.
The charter school's organizers are still required to provide for reasonable maintenance to the
conversion school in order (0 maintain the school in the same manner as the district.
Nonprofit On!anization Status
O\aIter schools IU"C required to be organ.iz.i:a as a nooprofi!-, organization. Application .for
incocporation as a nonprofit organization within Florida is made through the Florida Department
of Slate. The legal requirements to achieve and maintain a nonprofit status are available in the
governing statutes found in Chapter 617, Florida Statutes, the Florida Not For Profit Cocporation
Act. Additionally, reference to the Internal Rev~ue Code may be made to ascertain th~ federal
filing requirements with the Intcmal Rcvenue Service.
TAN Note 2000-05
Page 9
2) .
It should be notc(hhat this existiqg cevecsroi1"langua:ge. states Ihal'ih:e.:rel1ersioit.;Of Slich
equipment, property, and furnishings shall focus on recovcrablc assets, but not On
intangible or irrevocable costs such as rental or lcasing fees. normal maintenance, and
limitcd renovations.'. These are normal CO~ts of providing school facilities.
. -'-.:--
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3) Section 228.0561 (2), F.S., which required school districts' approval of capital outlay
items or expenditures was specifically deleted. Charter schools are allowed to use capital
outlay funds for "any lawful capital outlay expenditure that is directly related to. the
functioning of the charter school."
Full-Time Eouivalent rITE} Student ReDortine:
Funding is generated by reports ofFTE students through the school district, as prescribed by law
and rules of the State Board of Education. Records must be kept to establish the charter school's
entitlement. These records must be preserved for Subsequent audit by the Office of the Auditor
General.
Charter school FTE is to be inclu~ed in the district's FlE projection. If approval of a charter
school's application is after the FTE projection deadlines, the district school board. is held
harmless for FlE students not included in the projection because of such approval.
School Numbers
FTE and costs should be reported on a separate school number for each charter school.
DM:dmb
Enclosures: Charter School Law (Section 228.056 and 228.0561, F.S., as amended).
Chapter 99-374 Laws of Florida page 10
Revenue Estimate Worksheet
CC: Superintendents
., ...a-t""...... ._..... .
Capital Outlay Appendix
Procedures for Submitting and Approving Requests for Funding under
Section 1013.62, F.S., Charter Schools Capital Outlay Funding
Miami-Dade County Public Schools' (M-DCPS) procedures for submitting and approving
requests for funding under Section 1013.62, F.S., Charter Schools Capital Outlay
Funding, will be subject to the guidelines stipulated in memorandum DPBM: 01-58,
dated December 6, 2000, from Mr. Wayne V. Pierson, Deputy Commissioner for
Planning, Budgeting and Management, Florida Department of Education (FDOE). This
attached memorandum includes:
. procedures developed by the FDOE pursuant to Section 1013.62, F. S.;
Charter Schools Capital Outlay Funding;
. definition of terms;
. Charter School Capital Outlay Plan form;
. sample Charter School Capital Outlay Plan form; and
. Statewide Charter School Capital Outlay Distribution for school year 2000-
2001, calculated by the FDOE.
M-DCPS will follow the process delineated below in approving capital outlay plans, and
distributing capital outlay funds to charter schools sponsored by The School Board of
Miami-Dade, Florida:
1. Using the State-lssued form" each charter school must submit a Charter .School, .
Capital Outlay Plan to the office of the M-DCPS Chief Financial Officerfor.hlslher .J
review and approval. Charter School Capital Outlay Plans for school.,years1\
subsequent to the 2000-2001 school year, shall, be submitted to the district upon
State notification to the charter school of the Charter: School. Capital, Outlay
distribution for 'that school year. The plan must contain Information on all capital
outlay projects the charter school has completed, or expeCts to oomplete,<"withthe
capital outlay funds. A charter school may Include more capital projects In Its plan
than can be funded from the anticipated capital outlay allocation.
2. The Charter School Capital Outlay Plan must be signed by the Chairperson of the
charter school's governing body. A copy of the charter school's annual budget,
adopted by its board of directors, shall be submitted to M-DCPS, the sponsor,
along with the Charter School Capital Outlay Plan.
3. Approval of the Charter School Capital Outlay Plan by the charter school's
governing body must be documented in the official minutes of the meeting in which
Page 1 of 4
Revised 12/18/02
the governing body approved the plan. The minutes must be certified by both the
Chairperson and Secretary of the governing body and submitted to the M-DCPS
Chief Financial Officer with the Charter School Capital Outlay Plan.
4. Upon receipt of a complete Charter School Capital Outlay Plan from a charter
school, the M-DCPS Chief Financial Officer will convene a committee to review
.
and accept or reject each Charter School Capital Outlay Plan. The committee may
reject a project without rejecting the entire plan. The Charter School Capital Outlay
Plan Review Committee will be made up by the following M-DCPS staff members:
a. Chief Facilities Officer or designee
b. Chief Ananclal Officer, ChaIr
c. Chief Budg~t Officer or desIgnee
d. Controller or designee
e. Administrative Director, Division of Schools of Choice or designee
5. Each charter school will be notified in writing of the Charter School Capital Outlay
Plan Review Committee's decision, within 10 wor1dng days of receMng a complete
plan. ".
6. A charter school may request a distribution of funds only after It receives written
notice that Its Charter School Capital Outlay Plan has been accepted by the District
and such other conditions are met In accordance with Aorida Statute (including
allocation of funds by the Commissioner) and the written agreement with the
District that permits such distribution.
7. Each request fora distribution of eaplt;il outlay funds by a -charfer schooll11usfbe
accompanl~ .by ~ocun:1eritatiorlforthe full 'amount beIng recjuested,lncluding
evlden~ofpayment for approved expenditures. Exampl~s' of documentation
In~~~er:.;,;::' '~:.~.I;..",.:.,~:.,""........,.. "'>::.,.,i.. '-..'.... '. ....:.:..
a::<ICop'les" of ' fully :.exeCUted cOntracts, sucl}GS (Jeaseor ;I~se .pu~~.-
. .:";:Bgre~inen~:~ffh11'~ntm#:.salescontra~:-or'co.~cUon :contra~;/~f.~(
b. . CopIes of sIgned purmase 'orders or bills of sale. .. . . .' ,;'<',
c. Cancelled checks and/or receIpts from lessor.
Upon receipt of a request for distribution of funds, which Includes all requIred
documentation, funds shall be distributed pursuant to the request withIn 10
working days.
8. Prior to the release of any capital outlay funds, charter schools must provide the
District detailed documentation for expenditures of previous capital outlay
distributions, including School Infrastructure Thrift (SIT) Funds. This is necessary
to determine any potential duplication of projects listed in both past and current
plans.
Page 2 of 4
I'<evised 12/18/02
9. M-DCPS will credit each charter school every six (6) months with interest on the
undistributed daily balances of capital outlay funds, based on the actual monthly
rate of return, as determined by the Florida State Board Administration Local
Government investment pool.
10. M-DCPS may retain a portion of the capital outlay allocation until needed by the
charter school to pay current obligations.
11. Payments to satisfy long-tenn contracts (such as lease or lease-purchase
agreements) which require monthly payments by the charter school will be
released monthly by M-DCPS, prior to the contractual due dates. Payments
required by construction contracts will be released by M-DCPS in accordance with
the payment schedule contained in a separate agreement between M-DCPS and
the charter school, subject to the provisions of items 12-15 below.
12. Each capital outlay project undertaken by a charter school shall be In accordance
with the requirements at:
a. Section 1013.45, F. S., Educational Facilities Contracting and
Construction Techniques;
b. Section 255.05, F. S., Bond of the Contractor Constructing Public
Buildings; Fonns; Action by Materialmen;
c. Section 287.055, F. S., Acquisition of Professional Architectural,
Engineering, Landscape Architectural, or Surveying and Mapping
Services; Definitions; Procedures; Contingent Fees Prohibited; Penalties.
d. Section 287.057, F. S., Procurement of Commodities or Contractual
Services.
13. In accordance with Section 1002.33, F. S., Facilities, charter schools shall comply
with applicable state minimum building codes pursuant to Chapter 553 or and state
minimum fire protection codes pursuant to Section 633.025, F. S., as adopted by
the authority In whose Jurisdiction the facility Is located.
14. Upon completion of each project, the charter school shall submit to the District the
pennanent Certificate of Occupancy issued by the authority of the appropriate
jurisdiction, and an Affidavit by the Architect or Engineer of Record that the project
is completed In accordance with the design documents, and an Affidavit by the
Chair of the governing body of the charter school that all contracts for construction,
design, testing, and other support services for the project have been paid in full
along with final releases for all contracts the charter school held for construction,
design, or ancillary services for the project, along with a request for payment to the
charter school for the amount approved for the project. The District shall make
Page 3 of 4
Revised 12/18/02
payment to the charter school accordingly in keeping with its own procedures for
making such payments.
15. Each project involving capital outlay funding shall be subject of a separate
agreement between the charter school and the District embodying at a minimum
the requirements noted above. Each agreement shall also include the following
language:
In the event that the charter school terminates operations, any unencumbered
funds and all equipment and property purchased with public education funds
shall revert to the ownership of the District as provided in Section 1002.33, F.
S., Causes for Nonrenewal or Termination.
16. In accordance with Section 1002.33, F.S., Causes for Nonrenewal or Termination,
In the event a charter school Is dissolved or Is otherwise terminated, all district
school board property and Improvements, furnishings and equipment purchased
with public funds shall automatically revert to the full ownership by the district
school board, subject to complete satisfaction of any lawful liens or encumbrances.
Accordingly, the Charter School hereby agrees that the Sponsor shall have the
right of first refusal to acquire any and all real property and Improvements
contained thereon utili~d for the charter school In the event the charter school Is
dissolved or Is otherwise terminated. The district shall, within Its sole discretion,
have the right but not the obligation to acquire real property and Improvements
owned by the charter school. In keeping with the requirement of the charter school
legislation, the Sponsor may not assume the debt from any contract of the charter
school. The Sponsor shall have the right to exercise this right of first refusal to
acquire the property and improvements at any time after the charter school is
dissolved or otherwise terminated, and the charter school shall cooperate and
assist In the orderly transfer of title to any such property and improvements,
subject to the complete satisfaction of any lawful liens or encumbrances.
Page 4 of 4
Revised 12/18/02
Appendix L
RULES OF THE
AUDITOR GENERAL
CHAPTER 10.850
CHARTER SCHOOL AUDITS
EFFECTIVE 06-30-01
Appendix M
AUDIT COMPLETION CHECKLIST
FOR CHARTER SCHOOLS AND OTHER ORGANIZATIONS
MIAMI-DADE COUNTY PUBLIC SCHOOLS
The following information should be included in the yearly audit by the organizations submitting their
annual external audit. For charter schools, the Auditor General of the State of Florida has issued rules
that must be complied with (Chapter 10.850). Please share this checklist with your external auditor.
1. The name and address of the school.
2. The name of the principal running the school.
3. Current list of the Board of Directors of the school.
4. If the school is operated by a management company:
a. Name of the company
b. Address
c. List of principal officials
d. Contractual arrangement with the company, such as length of contract, terms, total fees
paid for the year, etc. (This information should be included in the footnotes to the financial
statements).
5. The financial statements must include comparative totals for the prior year.
6. The financial statements must comply with GASB 34 requirements, if applicable.
7. In the footnotes of the financial statements, the following should be disclosed:
a. Total school enrollment and grade configuration. If separate facilities are in operation,
disclose name, address, and the enrollment and grade configuration at each facility.
b. Full disclosure of related party transactions, which should include the related party's
name and address, and disclosure of the transaction, particularly if it is a loan that needs
to be repaid (principal and interest paid and unpaid). If the debt is in arrears, disclosure of
arrangements made to satisfy the debt.
c. Full disclosure of any other debts in arrears, particularly as they relate to the payment of
withholding/social security taxes. Arrangements made to pay the debt(s).
d. For charter schools, full disclosure in the notes or as a separate schedule in the audit of
the tangible personal property purchased with public funds. (It is a current contractual
requirement for charter schools; however, we recommend that it be part of the audit).
e. If there is a deficit cash position or significant losses shown in the financial statements,
full disclosure as to how the school plans to keep operating. The issue is whether
sufficient resources would be available to maintain the school open. This issue may be
addressed in the Management Letter.
f. Any disclosure of events subsequent to the balance sheet date that the auditor believes
are important to the readers of the financial statements (e.g., significant contractual
arrangements and financing or refinancing of debt, payment of past due taxes, etc.).
8. If the audit is not submitted within the contractually required deadline, the Management Letter
must comment on it with the appropriate response from the organization as to how it is going
to be remedied in future audit submittals.
9. If there are Management Letter findings, each finding must include a response by the
organization. If there were prior audit findings, the current audit must include the status of
action taken, i.e., whether the recommendation was fully implemented and, if not, when (date)
it will be fully implemented. Note that quarterly reports may be required on a case-by~ase
basis depending on the severity or lack of resolution of the issues noted in the Management
Letter.
10. Please enter the following information about the Certified Public Accountant issuing the audit
report:
CPA's Name
CPA's Address
License No. Status
Expiration Date
In reference to this checklist, please refer any questions to the Office of Management and Compliance
Audits, attention Mr. Norberto Ferradaz, CPA (305) 995-1318.
Please forward a copy of the completed checklist with your audit.
':.<110120034:04 PM
""ppenalx N
Revenue Estimate Worksheet for
Charter School
Based on the Second Calculation of the FEFP 2003-04
School District: Alachua
1. 2003-2004FEFP State and Local, Funding
Base Student Allocation 53,630.03
Program
(a)
101 Basic K-3
111 Basic K-3 with ESE Services
102 Basic 4-8
112 Basic 4-8 with ESE Services
103 Basic 9-12
113 Basic 9-12 with ESE Services
254 ESE Level 4 (Grade Level PreK-3 )
ESE Level 4 (Grade Level 4-8)
ESE Level 4 (Grode Level 9-11)
255 ESE LevelS (Grode Level PreK-3)
ESE LevelS (Grode Level 4-8)
ESE LevelS (Grode Level 9-12)
130 ESOL (Grade Level PreK-3)
ESOL (Grode Level 4-8)
ESOL (Grode Level 9-12)
300 Vocational (Grades 9-12)
Totals
2.
ESE Guaranteed Allocation:
Additional Funding from the
ESE Guaranteed Allocation.
Enter the FIE from 111,112,
& 113 by grade and matrix
level. Students who do not
have a matrix level should be
considered 25 I. The total
should equal all FTE from
programs III, II 2 & 1/3 above.
Total FIE with ESE Services
Supplemental Academic Instruction:
District SAI Allocation
divided by district FTE
(with eligible services)
Summer Reading Programs:
Non-recurring funds
Allocation divided by district FTE
(with eligible services)
3.
4.
Number
of FIE
(b)
0.00
FIE
5
s
5.
Total Base Funding, ESE Guarantee, SAI, and Summer Reading Program S
0.00
S 8,466,167
Per Student
S 303
27,941.73
S 275,202
Per Student
S 10
27,941.73
Class size Reduction Funds:
Weiehted ErE aef!reeated (rom inout in Section 1
0.0000
0.0000
0.0000
Total I 0.0000
('Total FTE should equal total in Section I, column (d).)
PreK - 3
4-8
9-12
DCD Allocation factors
X 0.9545 X 180.65 0
X 0.9545 X 163.79 0
X 0.9545 X 160.74 0
~* Total Class Size Reduction Funds S
AI ClilrlerSCnOOI calculiltor
12/10/20034:04 PM
6A. Divide school's Weighted FTE (WFfE) total computed
In (d) ahove: 0.000 by district's WFTE:
to obtain school's WFTE share.
31,072.74
0.0000%
6B. Divide school's Unwelghted FTE (UFTE) total computed
in (b) above: 0.000 by district's UFTE:
to obtain school's UITE share.
27,941.73
0.0000%
6C. Divide school's High School Unwelghted FTE (UFTE) total computed
In (b) above: 0.000 by district's UFTE:
to obtain school's UFTE share.
27,941.73
0.0000%
7. Other FEFP (WFTE share)
Applicable to all Charter Schools:
Declining Enrollment
Sparsity Supplement
Hold Harmless
Program Related Requirements:
Safe Schools
8. Discretionary Millage (WFfE share)
9. Discretionary Tax Equalization Allocation
(UFTE share)
10. Discretionary Lottery (WFTE share)
II. Instructional Materials Allocation (UFTE share)
Science Laboratory Materials (high school only)
12. Public School Technology (UFTE share)
13. Teacber Training (UFTE sbare)
14. Student Transportation
IS. Florida Teachers Lead Program Stipend
16. Food Service Allocation
17. Revenue available from other sources.
Refer to Note:
(a)
$
$
$
495,401
o
o
$ 1,497,417 x
0.0000%
$
$
1,002,016
(d)
5,183,217 x 0.0000% $
0 x 0.0000% $
1,305,692 x 0.0000% $
2,368,484 x 0.0000% $
43,444 x 0.0000% $
549,224 x 0.0000% $
396,018 x 0.0000% $
(b)
(a)
(b)
(c)
(b)
(b)
(e)
(f)
(g)
18.
1998-99 Hold Harmless Calculation (Only if this charter school was in operation prior to July 1, 1999)
Base Student Allocation: $3,223.06 District Cost Differential: 0.9719
Program Ba..
UFTE* Cost Factor WFTE Fundlnu
1998-1999 x 1.399 - 0.000 x BSA & DCD - $ -
2003-2004 @ Base funding + SA! ($302.9937 per UFTE) - $ -
*Enter only FTE 01 studellts meeting criteria/or Dropout Pretrention Program Cbange $ .
lfunur school is e/iSlihle and onlv if the chanu is a oositiw nllmber, enter chanS!e amollnt IMnuallv In the riS!/rt /rand column.
NOTES:
(a) District allocations multiplied by percentage from Item 6A. Total $
(b) District allocations multiplied by percentage from Item 6B.
(c) District allocations multiplied by percentage from Item 6C.
(d) Proceeds of millage levy multiplied by percentage from Item 6A.
(e) Consistent wltb Cbapter 1006.21, Florida Statutes and DOE Student Transportation General Instructions
(f) Teacher Lead Program Allocation per 1012.71, Florida Statutes
(g) Funding based on student eligibility and meals provided, If participating In tbe National Scbool Luncb Program.
Administrative fees charged by the school district shall be calculated based upon 5 percent of available funds from the FEFP and
categorical fundingfor which charter students may be eligible. For charter schools with a population of 501 or more students the
difference In the fee calculation and the fee withheld may only be used for capital outlay purposes specified In 1013.62(2) F.s.
To calculate the admlnlstrativefee to be withheldfor schools with more than 500 students, divide the school population into 500.
Multiply thatfraction times thefunds available, then times 5%.
FEFP and categorical funding are recalculated during the year to reflect the revised number of full-time equivalent students reported
during the survey periods designated by the Commissioner of Education.
Revenues flow to districts from state sources and from county tax collectors on various distribution schedules.
2
Appendix 0
PARENT CONTRACT
I (We) the parent(s)/guardian(s) of
have read and agree to abide by the Code of Conduct and the Dress Code of the (Name of
School).
WHEREAS, in order to provide my (our) child with a unique educational opportunity;
WHEREAS, by choosing to enroll my (our) child at the [Name of Schoolj is a decision of my
(our) personal choice and not a privilege;
WHEREAS, my (our) desire to enroll my (our) child at the [Name of School] is premised upon
my (our) desire to become an active partner in the education of my (our) child;
NOW THEREFORE, in consideration of the foregoing:
I. As a parent of a student at the [Name of School], my (our) commitment is to abide by the
following resolutions:
A. To recognize and embrace my role as the primary educator of my child.
B. To participate in the parenting workshops as provided by the [Name of School].
C. To attend all conferences scheduled with any member of the [Namc of School] staff.
D. To participate in the Parent Voluntcer Program, by fulfilling the rcquiremcnts
outlined in the Volunteer Opportunities List provided at registration.
E. To provide transportation to and from school for my child. I understand that if I am
late picking up my child, [Name of School( is not responsible for my child's safety.
If my child is continually tardy, I understand that for the benefit of my child's
education, he/she may be required to transfer to a school that is more accessible for
my child.
F. To purchase uniforms for my child from the (Namc of School] approved supplier.
G. To supply a lunch, either brown bagged or purchased from the (Name of School]
approved vendor, each school day for my child.
H. To be responsible for timely payment of any fees accrued to my account at the
[Namc of School].
l. To participate in at least one of the many parent groups. (e.g., PTO, School
Improvement Committee, etc.)
J. To read and use information sent home by the school for the purpose of keeping
parents informed of the academic topics to be introduced and studied in the
classroom.
I (we) understand that by not fulfilling my contractual obligation to the School and to my (our)
child, this may result in my (our) child being requested to stay after school, be suspended, or
withdrawn and sent to a regular Public School at the sole discretion of the Principal as approved
by the School's Governing Board.
x
Signature of Parent/Guardian
Datc
x
Acknowlcdgcd By
(School Official)
Datc
City of A ventura
@ Charter Schools USA
primary/parcntcon/200 1
6245 N. Federal Hwy., Suite 500
Fort Lauderdale FL 33308
CHARTER SCHOOLS USA
Drug and Alcohol Use
It is CSUSA's desire to provide a drug-free, healthful and safe workplace. To promote
this goal, employees are required to report to work in appropriate mental and physical condition
to perform their jobs in a satisfactory manner.
While on company/school premises and while conducting business-related activities off
company/school premises, no employee may use, possess, distribute, sell, or be under the
influence of alcohol or illegal drugs. The legal use of prescribed drugs is permitted on the job if
it does not impair an employee's ability to perform the essential functions of the job effectively
and in a safe manner that does not endanger other individuals in the workplace.
Violations of this policy may lead to disciplinary action, up to and including imll!ediate
termination of employment, and/or required participation in a substance abuse rehabilitation or
treatment program. Such violations may also have legal consequences.
Employees with drug or alcohol problems that have not resulted in, and are not the
immediate subject of, disciplinary action may request approval to take unpaid time off to
participate in a rehabilitation or treatment program through CSUSA's health insurance benefit
coverage. In addition, CSUSA has established a free benefit service with Life Works OneSource
that is available to all employees. Employees can call a toll free number at 888-267-8126 and
get free confidential assistance with all issues of daily living, including addiction and recovery.
Leave may be granted if the employee agrees to abstain from use of the problem substance;
abides by all CSUSA polices, rules and prohibitions relating to conduct in the workplace; and if
granting the leave will not cause the Company any undue hardship.
Under the Drug-Free Workplace Act, an employee who performs work for a government
contract or grant must notify CSUSA of a criminal conviction for drug-related activity occurring
in the workplace. The report must be made within five days of the conviction.
Employees with questions on this policy or issues related to the drug or alcohol use in the
workplace should raise their concerns with their supervisor or Ihe Vice President of Human
Resources without fear of reprisal.
Pagc2of3
Miami Downtown Development Authority
@CHAIHER SCliOOlS USA
12/14/01
6245 N. Federal Hwy., Suite 500
Fort Lauderdale FL 33308
CHARTER SCHOOLS USA
);:"
~W:
..'
Corporate Office: (954) 202-3500
Fax: 954 202-1979
DRUG-FREE WORKPLACE
Pre-Employment Agreement - Please read carefully
I freely and voluntarily consent to a drug and alcohol test of my urine and blood as part of my
application for employment. I understand that my refusal to submit to the drug and alcohol test,
or my failure to qualify accordingly to the minimum standards established by Charter Schools
USA for this drug and alcohol test may disqualify me from further consideration for
employment.
I further::understand that upon commencement of employment and thereafter with Charter
Schoolsli!1SA, I may again be required to submit a drug and alcohol test. I understand that
refusal to take a requested test or failure to meet the minimum standards set for the test may
result in discipline up to and including termination of employment.
I have read and understand the above statement and conditions of employment.
Date
)
Applicants Signature
Applicant: Print Name
Date
Witnessed by
Date
Witness: Print Name
Page 3 of 3
Miami Downtown Development Authority
@CIWHEfl S0100lS USA
12/14101
6Gx13- 4-1.05
A. Employees on duty or on School Board property will not manufacture,
distribute, dispense, possess or use illegal drugs, nor will they be
under the influence of such drugs.
B. Employees on or off duty will not influence students to use illegal or
abuse legal drugs.
C. An employee convicted, adjudicated guilty, orwho has entered a plea
of guilty for any criminal drug statute violation occurring in the
workplace shall notify Miami-Dade County Public Schools within 48
hours after final judgment.
One time only, prior to testing, the Miami-Dade County Public Schools shall
give all job applicants and part-time employees going to full-time employment
a written statement of its policy on a drug-free workplace.
II. Policy Statement - Alcohol and Prescription Drugs
Alcohol, prescription and over-the-counter drugs are legal and readily
available. Generally safe and acceptable, these drugs, when abused over
time or used in combination with one another, can result in chemical
dependency or poly-drug addiction. Employees are expected to conduct
themselves in a manner consistent with the following provisions:
A. Employees on duty or on School Board property shall not be under
the influence of alcohol. Employees in safety sensitive positions, as
defined in the Drug-Free Workplace Technical Guide, which is
incorporated by reference into this rule, and made a part thereof, will
be free of measurable alcohol concentrations. Further, employees
will not manufacture or use alcoholic beverages while on School
Board property or on duty.
B. Employees on duty will not use or take prescription drugs above the
level recommended by the prescribing physician, and will not use
prescribed drugs for purposes other than what the prescribed drugs
were intended. In addition, the employee will not distribute or
dispense such drugs, except as provided in School Board Rule
6Gx13-5D-1.021, School Health Services Program.
III. Policy Statement. Employee Physical Examinations/Screening/Health
Services
In order to establish and support a clear standard of conduct for employees,
Miami-Dade County Public Schools adheres to the following provisions:
A. Drug screening will be included in all physical examinations; existing
employees and contracted persons in covered positions will be
screened under the Omnibus Transportation Employee Testing Act of
Appendix Q
6Gx13- 4-1.05
General Personnel Polley Statement
DRUG.FREE WORKPLACE GENERAL POLICY STATEMENT
The School Board of Miami-Dade County, Florida recognizes that substance abuse
in our nation and our community exacts staggering costs in both human and
economic terms. Substance abuse can be reasonably expected to produce
impaired job performance, lost productivity, absenteeism, accidents, wasted
materials, lowered morale, rising health care costs, and diminished interpersonal
relationship skills. Miami-Dade County Public Schools (M-DCPS) and its employee
unions share a commitment to solve this problem and to create and maintain a
drug-free work environment.
Miami-Dade County Public Schools is responsible for the instruction and well-being
of the students entrusted to its care. A consistent message needs to be
communicated to Miami-Dade County Public Schools students; the use of illegal
drugs, the abuse of alcohol, and the misuse of prescription drugs is unacceptable
and will not be tolerated.
Polley Objectives
A. To promote a healthy, safe working and leaming environment.
B. To seek the rehabilitation of permanent employees with a self-
admitted or detected substance abuse problem.
C. To eliminate substance abuse problems in the workplace.
D. To provide a consistent model of substance-free behavior for
students.
E. To provide a clear standard of conduct for Miami-Dade County Public
Schools employees.
F. To communicate that persons who violate the standards of conduct
cited in this rule and who refuse or cannot be assisted by
rehabilitation or who have negatively impacted students and/or staff
shall be dismissed.
G. To hire drug-free employees.
I. Policy Statement - Illegal Drugs
Drug abuse by employees interferes with the educational and work process,
and compromises the safety and well-being of staff and students.
Employees are expected to conduct themselves in a manner consistent with
the following provisions:
6Gx13- 4-1.05
1991 (OTETA), and as required under existing labor contracts,
statutes, State Board Rules, and Miami-Dade County Public Schools
Board Rules.
B. Circumstances under which testing may be considered include, but
are not limited to, the following:
· observed use of illegal drugs and/or abuse of alcohol during
work hours;
· apparent physical state of impairment of motor functions;
· marked changes in personal behavior on the job not
attributable to other factors;
· employee involvement in serious or repetitive accidents on the
job causing personal injury to self or others and/or significant
property damage;
· employee involvement in an accident requiring the vehicle to
be towed or medical treatment away from the scene of the
accident; and
. any vehicular fatality.
C. Drug and/or alcohol screening shall be conducted by Board approved,
independent, certified laboratories utilizing recognized techniques and
procedures as described in the Miami-Dade County Public Schools
Drug-Free Workplace Technical Guide. The Technical Guide shall
be located in the Board Office, Citizen Information Center, and the
Office of the School Board Clerk.
D. Medical records and information relating directly thereto shall be
maintained in strict confidentiality, with the highest regard for
employee privacy consistent with Florida=s Public Records Act and
the purpose of achieving and maintaining a drug-free workplace. Any
laboratory contract shall provide that the contractor's records are to be
kept confidential under provisions of Florida Laws. M-DCPS shall
establish a system of maintaining records to include both the district's
and the contractor's record of applicant and employee urinalysis and
blood alcohol results.
E. Miami-Dade County Public Schools recognizes that chemical
dependency is an illness that can be successfully treated. It is the
policy of Miami-Dade County Public Schools, where possible, to seek
rehabilitation of permanent employees with a self-admitted or
detected drug problem.
6Gx13- 4-1.05
IV. Policy Statement - Pre-employment Drug Screening
A. Miami-Dade County Public Schools will require pre-employment drug
screening of applicants in the manner set forth in the Drug-Free
Workplace Technical Guide.
B. Applicants will be referred to Board approved, independent, certified
laboratories utilizing recognized techniques and procedures, as
described in the Drug-Free Workplace Technical Guide.
C. Specimens collected will not be used to conduct any other analysis or
test unless otherwise authorized by law.
D. The validity period for pre-employment drug screening is one year.
E. Applicants will be informed in advance of the requirement of a
negative drug screen as a condition of employment. Applicants
testing positive will not be eligible for employment by Miami-Dade
County Public Schools for three years from the date of the test.
Applicants for designated positions will be informed of the
requirement for a random drug screening test, without prior
notification, after employment, under existing labor contracts, statutes,
OTETA, and Board Rules, except as otherwise provided.
V. Disciplinary Sanctions
Employees who violate the standards of conduct cited in this rule and who
the Board determines will not be assisted by rehabilitation or who have
negatively impacted students and/or staff shall be dismissed. A refusal to
submit to a drug test or a second violation of the Drug-Free Workplace Policy
shall constitute an inability to be assisted by rehabilitation. Nothing will
preclude the Board from seeking criminal prosecution for violation of this
policy where the Board deems appropriate.
Specific Authority: 230.22(2); 230.23 (17) F.S.
Law Implemented, Interpreted, or Made Specific: 234.091 F .S.; 34 CFR . 86.201; 49 CFR
parts 40 and 382, et al; 41 USC' 701-706
Historv: THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA
New: 10-4-89
Amended: 9-26-90; 1-6-93; 12-14-94; 8-25-99
a
Appendix R
CHAPTER 6B-l
CODE OF ETHICS - EDUCATION PROFESSION
68-1.001 Code of Ethics of the Education Profession in
Florida
68-1.006 Principles of Professional Conduct for the
Education Profession In Florida
CHAPTER 6B-l
REPEALED RULES
Effective 7-6-82
68-1.02 Commitment to the Student, Principle I
68-1.03 Commitment to the Public, Principle II
68-1.04 Commitment to the Profession, Principle III
68-1.05 Commitment to Professional Employment
Practices, Principle IV
235
CHAPTER 68-1
CODE OF ETHICS
SUPP. 99-3
6Ba1.001 Code of Ethics of the Education Profession In
Florida.
(1) The educalor values the worth and di9nity of every person. the
pursuit of truth, devotion to excellence, acquisition of knowledge, and
the nurture of democratic citizenship. Essential to the achievement of
these standards are the freedom to learn and to teach and the
guarantee of equal opportunity for all.
(2) The educator's primary professional concern will always be
for the student and for the development oftha student's potential. The
educator will therefore strive for professional growth and will seek to
exercise the best professional judgment and integrity.
(3) Aware of the importance of maintaining the respect and
confidence of one's colleagues, of students. of parents. and of other
members of the community. the educator strives to achieve and sustain
the highest degree of ethical conduct.
Specific Authority 229.053(1). 231.546(2Xb) FS. Law Impiemented
231.546(2)(b) FS. History - New 3-24-65. Amended 8-9-69,
Repromulgated 12-5-74. Amended 8-12-81, 7-6-82, Formerty 8B-1.01.
66-1.006 Principles of Professional Conduct for the
Education Profe.slon In Florida.
(1) The following disciplinary rule shall constitute the Principles of
Professional Conduct for the Education Profession In Florida.
(2) Violation of any of these principles shall subject the individual
to revocation or suspension of the individual educator's certificate, or
the other penalties as provided by law. .
(3) Obligation to the student requires thet the Individual:
(8) Shall make reasonable effort to protect the student from
conditions hannful to learning and/or to the student's mental and/or
physical health and/or safety.
(b) Shall not unreasonably restrain a student from independent
action in pursuit of learning.
(c) Shan not unreasonably deny a student access to diverse
points of view.
(d) Shall not intentionally suppress or distort subject matter
relevant to a studenfs academic program.
(e) Shall not intentionally expose a student to unnecessary
embarrassment or disparagement.
(f) Shall not Intentionally violate or deny e studenfs legal rights.
(g) Shall not harass or discriminate against any student on the
basis of race, color, religion, sex, age, national or ethnic origin, political
beliefs, marital status, handicapping condition, sexual orientation, or
social and family background and shall make reasonable effort to
assure that each student is protected from harassment or
disaimlnation.
(h) Shall not exploil a relationship with a student for personal gain
or advantage.
(I) Shall keep In confidence personally Identifiable Infonnation
obtained In the course of professional service, unless disclosure
serves professional purposes or is required by law.
(4) Obligation to the public requires that the Individual:
(a) Shall take reasonable precautions to distinguish between
personal views and those of any educatlonallnstitution or organization
with which the Individual is affiliated.
(b) Shall not intentionally distort or misrepresent facts concerning
an educational matter in direct or Indirect public expression.
(c) Shall not use institutional privileges for personal gain or
advantage.
(d) Shall accept no gratuity, gift, or favor that might influence
professional judgment.
(e) Shall offer no gratuity, gift, or favor to obtain special
advantages.
(5) Obligation to the profession of education requires that the
individual:
(a) Shall maintain honesty in all prolessional dealings.
(b) Shall not on the basis of race, color, religion, sex, age,
national or ethnic origin, political beliefs, marital status, handicapping
condition if otherwise qualified, or social and family background deny
to a colleague professional benefits or advantages or participation in
any professional organization.
(c) Shall not interfere with a colleague's exercise of political or
civil rights and responsibilities.
(d) Shall not engage in harassment or discriminatory conduct
which unreasonably interferes with an individual's performance of
professional or work responsibilities or with the orderiy processes
of education or which creates a hostile, intimidating, abusive,
offensive, or oppressive environment; and, further, shall make
reasonable effort to assure that each individual is protected from
such harassment or discrimination.
(e) Shall not make malicious or intentionally false statements
about a colleague.
(f) Shall not use coercive means or promise special treatment
to influence professional jUdgments of colleagues.
(g) Shall not misrepresent one's own professional
qualifications.
(h) Shall not submit fraudulent information on any document in
connection with professional activities.
(i) Shall not make any fraudulent statement or fail to disclose a
material fact in one's own or another's application for a professional
position.
OJ Shall not withhold infonnation regarding e posltien from an
applicant or misrepresent an assignment or conditions of
employment.
(k) Shall provide upon the request of the certificated individual a
written statement of specific reason tor recommendations that lead
to the denial of increments, significant changes In employment, or
termination of employment.
(I) Shall not assist entry into or continuance in the profession
of any person known to be unqualified In accordance with these
Principles of Professional Conduct for the Education Profession in
Florida and other applicable Florida Statutes and State Board of
Education Rules.
(m) Shall self-report within forty-eight (48) hours to appropriate
authorities (as detennlned by district) any arrests/charges Involving
the abuse of a child or the sale and/or possession of a controlled
substance. Such notice shall not be considered an admission of guilt
nor shall such notice be admissible for any purpose In any
proceeding, civil or criminal, administrative or Judicial, Investigatory or
adjudicatory. In eddition, shall self.....port eny conviction, finding of
guilt, withholding of adjudication, commitment to e pretrlal.dlverslon
program, or enlering of a plea of guilty or Nolo Conlendre for eny
criminal offense other then a minor traffic violation within forty-eight
(48) hours after the final jUdgmenl When handling sealed end
expunged records disclosed under this rule, school districts shall
comply with the confidentiality provisions of Sections 943.0585(4)(c)
and 943.059(4Xc), Fierida Statutes.
(n) Shall report to eppropriate euthorities eny known ellegation
of e violation of the FlorIde School Code or State Board of Education
Rules as defined In Section 231.28(1). Florida Statutes.
(0) Shall seek no reprisal against eny individual who has
reported any allegation of a violation of the Florida School Code or
State Board of Education Rules as defined in Section 231.28(1),
Florida Statutes.
(p) Shall comply with the conditions of an order of the
Education Practices Commlssion imposing probation, imposing a fine,
or restricting the authorized scope of practice.
(q) Shall, as the supervising administrator, cooperate with the
Education Practices Commission In monitoring the probation of a
subordinate.
Specific Authority 229.053(1). 231.546(2)(b) FS. Law Implemented
231.546(2),231.28 FS. History - New 7-6-62, Amended 12-20-83.
Fonnerly 6B-1.06, Amended 8-10-92, 12-29-98.
236
Aventura Charter Elementary School
List of Appendices
Appendix A ...................................................................................................... Application
Appendix B ............................ .................................................. . Implementation Timetable
Appendix C ..................................................... ..................Dispute Resolution Procedures
Appendix D ....................................... District Plan for Limited English Proficient Students
Appendix E ..........................Special Programs and Procedures for Exceptional Students
with Amendment
Appendix F ...................................................................................... Medicaid Procedures
Appendix G ............................................................................... Student Progression Plan
Appendix H .................................................. Procedures for Promoting and Maintaining a
Safe Learning Environment
Appendix I..................................................................................Code of Student Conduct
Appendix J .................................................................... Fiscal Technical Assistance Note
Appendix K ................................................................ Capital Outlay Funding Procedures
Appendix L.................................................................................. Rules of Auditor General
Appendix M............................................................................. Audit Completion Checklist
Appendix N ................................................................. Base Funding Estimate Worksheet
Appendix 0............................................................................................... Parent Contract
Appendix P .......................................................CSUSA Drug-Free Workplace Guidelines
Appendix Q................................................. School Board Rule 6Gx13- 4.105 (Drug Free
Workplace General Policy Statement)
Appendix R ........................................................... Code of Ethics - Education Profession
Appendix A
A ventura Charter
Elementary School
(ACES)
~A Charter School-In- The-Municipality~
MIAMI-DADE COUNTY PUBLIC SCHOOLS
Charter School Application
2002-2003
October 1,2001
Appendix B
Implementation Timetable*
Aventura Charter Elementary School
Task
Charter and Site Development
MDCPS Review Charter Application
School Board Votes on Charter Application
MDCPS Reviews Charter Contrad & Votes
Secure Land
Secure facility Financing
Finalize Fadlty Design
Permitting Process
Ground Breaking Ceremony
Constuction
School Development
Register Web Domain Nar:ne
Construct Website
Administrative & Staff Recruitment
Hire Principal & Adminsitrative Staff
Administration Development. Training & Orientation
Hire Teaches & Other Staff
Staff Development, Training & Orientation
Marketing
Enrollment
Student Registration
Order FF&E
Tag and Install FF&E
Contract Food Service & Transportation
Final Steps
fire Inspection
Building Inspection
Obtain Insurance
Fingerprinting & Drug Testing
MDCPS Compliance Inspection
Grand Opening
. dates subject to change
Start
Finish
Oct-<J 1 Dec-<J 1
Dec..{)1
Jan..{)2 Mar-Q2
Sep-<Jl Apr-<J2
Sep-<J 1 May-<J2
Jan"()2 Mar"()2
Mar-Q2 Aug"()2
Aug-<J2
May-<J2 Jul-<J3
Sep-<Jl
Ocl-<J1 Jan-02
Jan-02 Jul-03
Feb-03 Mar-03
Mar-03 ~un-03
Jun-03 Jul-03
Jul-03 Aug-<J3
Jan-02 Aug-03
Sep-<J2 Aug-03
Jun-<J3 Aug-<J3
May-<J3
Aug-03
Jul-<J3
Jul-<J3
Mar-03
Jul-<J3 Aug-<J3
Jul-<J3 Aug-<J3
Jul-<J3
Mar-03 Jul-03
Aug-<J3
Aug-<J3
. Dates subject to change
CIty or Avcntura
(0 C'VoJH[R SCHOOl S USA
Append!." C
DISPUTE RESOLUTION PROCEDURE
A. The Sponsor and the School agree that the existence and details of a dispute
notwitllstanding, both parties shall continue without delay their performance
hereunder, except for any performance which may be directly affected by such
dispute.
B. Either party shall notify the other party that a dispute exists between them. Such
notification shall be in writing and shallrdentify the article and section of the Contract
that is in dispute and the grounds for the position that such article and section is in
dispute. The matter shall be immediately submitted to the Sponsor's Deputy
\. . .
Superintendent for Education and the School's Director for further consideration and
discussion to attempt to resolve the dispute.
C. Should the representative named in paragraph B be unable to resolve the dispute
within then (10) days of the date of notification by one to the other of the existence of
such dispute, then the matter may be submitted by either to the Sponsor's
Superintendent of Schools and to the School's Presidents, for further consideration
and discussion to attempt to resolve the dispute.
D. Should the parties still be unable to resolve their dispute within thirty (30) days of the
date of notification by one to the other of the existence of such dispute, then the
matter may be submitted to mediation and appealed to an administrative law judge
as provided in' Section 228.056 (4), (f), Fla. Stat. Any disputes relating to
non renewal or termination shall follow the procedures set forth in Section 228.050
(10), Fla. Stat.
Appendix 0
DISTRICT PLAN
FOR
LIMITED ENGLISH PROFICIENT
\ STUDENTS
I 998-2.00 I
MIAMI-DADE COUH1Y PUBLIC SCHOOLS
MARCH 1998
'.
REVISED
(January 1999)
Appendix E
6Gx13- 6A-1.331
Instruction-Elementary and Secondary
PROCEDURES FOR PROVIDING SPECIAL EDUCATION FOR EXCEPTIONAL
STUDENTS
As a primary goal, it is the policy of The School Board of Miami-Dade County,
Florida to provide access for exceptional students to specialized instruction and
related services that are individually designed to provide educational benefit to
children with disabilities. An exceptional student shall be defined as any student
who, because of physical, mental, emotional or learning disability is unable to
receive an appropriate educational program without specialized instruction and, if
appropriate, related services. This instruction may be provided in a regular class,
a special class, or in a special facility. The term exceptional student shall also be
applied to those students identified as gifted.
The Board will provide special educational programs to students who show
eligibility and require special education in one or more of the following areas:
deaf .
or hard-of-hearing; visually impaired; physically impaired; trainable and educable
mentally handicapped; emotionally handicapped; specific learning disabled;
speech and language illlpaired; homebound or hospitalized; profoundly
handicapped, which includes the autistic, dual sensory impaired, profoundly
mentally handicapped, and severely emotionally disturbed. Services are also
provided for the gifted student.
Exceptional Student Education is an integral part of Miami-Dade County Public
Schools. Regular schools, special centers, special services, related state and
local agencies, and resources are all utilized. All of the facilities and services of
the regular school are made available to the exceptional student.
The document entitled Special Programs and Procedures for Exceptional
Students, Effective Dates: 2000-2001 through 2002-2003, is a part of and
incorporated
into this rule and will be submitted to the Florida Department of
Education.
Copies of Special Programs and Procedures for Exceptional Students,
. Effective Dates: 2000-2001 through 2002-2003, are on file in the Office of
Board Recording Secretary and the Citizen Information Center.
Specific Authority: 230.22(2); 230.23(22) F.S.
Law Implemented, Interpreted. or Made Specific: 228.041(19); 230.23(4)(m) and
(n);
230.23005(3)(d); 230.33(6) F.S.
History: THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA
New: 11-28-79
Amended: 1-14-81; 9-23-81; 2-17-82; 12-8-82; 10-19-83; 4-11-84; 1-9-85; 8-21-
85;
7-23-86; 11-19-86; 9-30-87; 12-7-88; 1-10-90; 1-9-91; 6-5-91; 3-4-92; 4-14-93; 6-
22-94;
7-12-95; 3-27-96; 4-16-97; 4-15-98; 3-17-99; 1-12-00; 12-12-01
Appendix F
MEDICAID CERTIFIED SCHOOL MATCH
PROCEDURES FOR M.:QCPS CHARTER SCHOOLS
Miami-Dade County Public Schools (M-DCPS) Charter Schools may receive Florida
Medicaid reimbursement for services provided by the Charter School which qualify under
the Medicaid Certified Match Program. The reimbursable services are occupational
therapy, physical therapy, speech therapy, behavioral services evaluations (psychology
and social work), nursing services and transportation services.
Reimbursement is available only for students:
who meet eligibility aiteria for placement in an Exceptional Student Education (ESE)'
program under the IndiVidual. with OisabilitiesEducationAct (IDEA),- Part.S of.
Part C,
who are Medicaid eligible.
who have the service referenced in their Individualized Education Plan {IEP) or
Family Service Plan (FSP), and
who are under 21 years of age.
Services provided by the Charter Schools which are paid from federal funds are not eligible
for reimburser:nent Providers may be full-time or part-time direct hire or contracted. Charter
Schools will not be reimbursed for services paid for by M-DCPS. Providers. must meet
eligibility requirements and .cooperate with Cost Management Services (CMS), the
""Onsulting firm implementing the program. Copies of credentials (I.e., license, Department
.' Education certification, Master's degree, college transcript) must be provided to CMS
through M-DCPS prior to initiating the program. .
::>ositions eligible for reimbursement for services provided include:
Occupational Therapist (OT)
Physical Therapist (PT)
SpeechlLanguage Therapist
Social Worker
PsychOlogist
Registered Nurse (RN)
licensed Practical Nurse (LPN)
I1-DCPS has contracted with CMS to develop and implement the Medicaid Certified School
l1atch Program. The schools will cooperate directly with eMS to insure accuracy of
lformation, timely submissions, problem-solving, and generally smooth flow of program
'peration.
Page 1 of 2
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Miami-Dade County Public Schools
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Appendix I
-----
-
Elementary
Miami-Dade County Public Schools.
ALTERNATIVE EDUCATION AND DROPOUT PREVENTION PROGRAMS
. ~ ..
~.~
BOARD RULE 6Gx13- 5D-1.08
. ~t"'t""...... .---- -
TECHNICAL ASSISTANCE NOTE
No. 2001-15
r , 0 .. I 0."
lJllr~all ofSclto()1 {]lliiiicis'Scrvlcu" - ,.
Olliee of Flll/dil/g "nd Fil/ancial Repanin!;
(Ofll~IC(: Lilld;t Ch;)l\lpiOIl
Depar'lmenl
of t:ducalion
Ch;,,'(cr Schools
(850) 488-5142
Sc: 278-5142
...-.------
... ft_.. .........
DATE:
November 2,2000
1'0;
District Financc Officers
[<'ROM:
David Morris, Administrator
.
~0~
iUOJECT: Chartcr Schools
II order to provide comparable chmer school and public school fiscal dal2. Section izS.OS6(8),
~.S.. was amended by the 2000 Legislature to require charter schools to maintain their financial
ccords in accordance with the "Red Book" account strucl~. Additionall~', an AMual Financial
~eport and Program Cost Report using state-required formats must be provided for cach charter
choot
Qr those charter schools that are organized as a separatc nonprofit organiution, the requirement
)r submission 0 fan Annual Financial Report is satisfied by the inclusion 0:' the charter school as
discretely presented component unit in the Cinancial statements of the sponsoring school,
istricL For charter schools that are operated by a municipality or a parent nonpro,fit
:ganization. submission of a separate annual financial report using state-requin:d fonnats mUs(
: provided. Each charter school, regardless of the legal structure, must submit (tlWugh the,
IOnsocing district) a Program Cost Report. Program Cost Reporting sofiwarewas mOdific:d'in. ' .
.. . ~ ,. ....,',. ... ,,,.
"Cvious yeaa to accommodate the transmissionofthisdara., ',; ',';,_ ," ~" . '
.....
"
"
lis correspondence is intended as an update (0 _ Technical Assistance Note 2000-05 issued
IIgust 13, 1999, regarding charter school fiscal i!\formation. Please find attached the amended
bsection, Section 228.0S6(8)(i), F.S., for your review. Also attached is DPS Memorandum
'-134, dated July lO, 2000, which describes all changes in charter school law enacted by the
00 scssion.
. _t_
tach71cn(s
1!:lc
SUllcrintclldCIIlS
lEUiNiCAL ASSiSTANCE NOTE
No. 2000-05
0'" C 0 A
Bur~au ofSchool,Busin~ss S~rvict!s .
Office of E undiiig ana Financial RePorting
u" .. ..___.....
'" .... .
:parlmenl
EducaLion
CII:\r1cr School Fisc::l1 Informatioll
COnlJC1: Dcoonh Oruggink
(S50, ~SS-514~
sC: n~.514!
...... ........
DATE:
August 13, 1999
TO:
District Finance Officers . /J
David Morris, Administrator /--flf/vt~~
.
FROM:
SUBJECT:
Charter School Fiscal Information
The puq>ose of this memorandum is to bring together financial management infonnation .for
charter schools. Legislative chatlges from the 1999 session are highlighted .in a box' undekthe' ..,," .'.',
appropriate subject heading. . ,
SUDlllementalAcademic Instruction (SAIl CatCl!orical
lhis new categorical is primarily a restructuring in that funding for summa school, dropout
prevention, and other methods of improving student achievement are combined to grant districts
flexibility in programming.
Update: '"
Eligible supplemental instruction includes but,is not limited to: modified Curriculum;. ~d~ '._
instruction, after School iristruction. cutoriag, mentoriag, class size ~uctioa,Cxtendcd'school
rear, and' intensive sldl1s development in'summer schooL If a district ,is ~ntlaCting with new ~f ....." .,. "
:xisti.ag chatter schools which are providiag any eligl'ble'SAI servicCs, Che c:h.arler schools are '.
:ntitlcd to receive'at least their UFTE sbaR: of the SAI funding.,' ; . . "
"
.. ".
.~.'
n some cases, however, chaner schoolsmay'be'entitlcd to a greater amount of the SAI funding
ban the minimal base UFTE share. These instances arise primarily when the charter school has
teen approved by the school board to target and to serve a student population which requireS,
:ither 'by law or by contract, a higher level of SAI savices. The most COmmon examples are
barter schools which have been contnlcted to provide dropout prevention services to a
'redominantly at-risk student population, or charter schools which are serving students with
isa.bilities who require extended school yearSetvices.
..'....
he weighted funding previously included in the cost factor for dropout prevention and swruner
;hool was moved to the SA! categorical. A hold hannless provision was included in th~
;Jpropriations proviso of the FEFP and SA! to provide a minimum funding for charter schools at
le same per FTE student funding as 1998-99, These provisions evidenc<: legislative intent that
Ie new funding SlruC(u.':e._s~()~_ld not~e~ucc (he level of fundinr, (or_,:,I~allr~r~C~~()~<. JlIcr~:tr,=~~
TAN No(c 2000-05
p"cc J
District P.tments'(o.-t!!hllr.ter.Sdt(hilS'ir'1~'!:'d:'()nj~ ,: '":,, ':.'
Disbursemc:'iit.stoll'charter'schoolfor its shaie of funding sHould be recordea by the school bOard '
in the following manner:
I. Unrestricted funds
A. Charge payment to Function 5000, Instruction, Object 310, Professional and
Technical Services.
II. Restricted funds
A. Transportation funds - charge payment to Function 7800, Pupil Transportation
Services, Object 3 10, Professional and T cchnical Services. .
B. Food Service funds - charge payment to FWlction 7600, Food Services, Object
310, Professional and Technical Services.
C. Other Categorical funds - charge payment to the various function and object codes
as appropriate for categorical pwposes.
D. Federal Projects - The school district is the subrecipient of Federal aid passed
through the DOE and is responsible for oversight accounting. The DOE
Comptroller is n:questing expenditure reports filed in the same manner that
districts are aecustomed to submitting in order to discharge DOE's aocou.nting and :
reporting responsibilities and for Federal audit pwposes. Accordingly. it will be
nCC'~ for the district to charge expenditures to the various function and 'object
codes as appropriate on its books. 1l1is could be done by providing services and
materials to charter schools or by providing the money to the charter schools and
requiring documentation of the c.xpenditures in the same manner as if the district
spent the money. .
E. Capital Outlay funds - PECO and School Infrastructure Thrift (SIT) awards
available to charter schools should be recorded in the appropriate capital outlay
funds. The portion of the award to be distributed to the chaner schooll!hould be
tcansf~ co the General Fund for disbursement. The payments from the Geneml '
Fund should be recorded as Function 5000; object 390,~,ther'Pwchased.SeMees.
Update: . , . d" : . , .
The 1999 Legislature amended the enclosed Section 228.056 (13Xd), F.s.'- on page 9, bYcith1g .
Fcderallaw that requires all charter schools to receive all federal funding for,which the <:liarter
school is eligible, including Title I funding, not later than 5 months after the charter school
opens and within 5 months after any subsequent expUlSion of student enrollment. One
effect of this change in Federal and State statute is that charter schools are n:quired to receive
any Title I funding for which they may be othawise eligible inunediately in their first year of
opemtlon, cather than the traditional delay requiring one year of prior operation and FTE data.
lbiS change in Fed6-aJ. statute took effect in Apnl, 1999.
"
TAN Notc 2000-05
C' ~gc 5
rrol!ram Cost Reoort
Districts are still required to report charter school program C<lst expendilures in the same fonnal
as the program cost report for district schools. TIle program cost rcpon softwarc was recently
Jpdated to facilitate the districts reporting lhe program costs of chaner schools.
Update:
lOe Technical Assistance Note (TAN) No. 99-19, dated July I, 1999, contained the instructions
:0 obtain the software changes to repon charter school expenditures through the Program CoSt
:tepo11 in 1998-99. The updated pages Cor the User's Guide were also attached to lite
rAN No. 99-19. The Fonn 6 panel was amended to include a reconciling category for chaner
;chools that would contain the amount the district distributed to charter schools. A Fonn 7 panel
N8.S also added to allow districts to input cach chaner school's expenses.
",inaneial Records
lccause charter schools are subject to annual audits, as outlined in Section 228.056 (8), F .s., the
:bancc schools should be inslrUc\ed to maintain docwnentation to support expenditures that are
:atered in . the books of account and reflected in the financial statements. Such documentation
!Iill take the Corm oC original invoices, payroll information, ban!c statements, and receipts. While
:bancc schools are not required to abide by restrictions placed on district puCchasmg
equirements for bids and quotations, good business practices rewmmend that the chaner
:chools document that they obtained the best price available Cor goods and services under the
:i.rcumstances. Employee compensation will also be expected to reasonably relate to local
a.ark.et conditions Cor various employee classifications.
t is suggested that charter schools adopt the govemmentai aewunting model and Collow the fund
nd account .structUri: provided . in the Red Book. While c:harter schools may.. Use e,nother
~ciag . model., as .explained in the next section, the financial. information will need to ~
l"OSS walked' to the Red Book structure. The'use of the Red Book aeeountswould save the effOI1
Lccded to cross'-w8lt.ctnd. should be enC<lurage<L
(,', .
"
;Ovemmental Funds Model....
1le legal entity oC a charter school is outlined in Section 228.056 (7), FS.; and states that a
barter school shall be organized as, or be operated by, a nonprofit organization. As updated in
"AN No. 99"()9. dated ~ober 1. 1998. iCthenonprofit entity was created for the purpose oC
'perating a chaner school. generally accepted aewunting principles require that the financial
ctivities oCthe school be accounted Cor using the governmental accounting model. A nonprofit.
ntity created for lhe purpose of operating,a, chaner school is a government as defined by tl1e
~5=P A Audit and Accounting Guide, Not-For-Profit.Qmanizations.
· charter school may, however, be operated by a nonprofit organization thaI existed prior to the
reationoC1he charter school and maintains itsrecotds using tl1e nonprofit ReCouotingmodel. [n
tis instance, the chaner school operates as part of anotl1er organization and therefore. "may use
lC pacent organization's model.
rAN l'"O{C LlJUU-O:>
P2~C 7
Independent'Atrditwc;:!: .~:!!Cl;:'
nl~re is no change .in the.requirc.inC:ht outli'n~ in "Sedion 228.056 (8):F:S.;". ihan:h:iiter schools
obtain an annual audil. Howev"r. the 1999 Legislature added requirements governing auditor
selection, completion of audit, responsc, and corrc({ivc actions.
Update:
Effective July I, 1999, each charter school shall have an annuallinancial audit completed within
12 months after the end of its fiscal year by an independent cenified public accountant retained
by and paid for from funds of the chaner school. The clwter schools must establish an audItor
selection committee and select an independent certified public accountant based on criteria set
forth in statute. Charter schools must comply with all provisions related to the submission 0
their audit report to the Auditor General including the response/rebuttal and corrective actions.
(Section 11.45 (3)(a), F.S.)
Charter School Payments to District
[f a district obtains goods and services for a charter school, the district can charge the charter
school no more than the district's lIctual cost.
The district may agxee to provide food service anellor pupil transportation services to Ii. charter
school and withhold the amount of money that is otherwise due to the charter school. While this
is an acceptable cash flow strategy, an end of the year fiscal book adjustment for the charter
school should be made to reflect the rc:venue and the expendinues for the services. District
receipts for services should be abated against the appropriate district expenditure accounts.
Use of District Property - Sumlus, Marked for Disposal, or UDused
Districts ace still required in Section 228.056 (13)(g), FS, to make available to charter schools
any facilities or propeny that are surplus. III3Iked for disposal. or othawise unused in the same
manner offeced to other schools in the distric:t. Suchtaci1ities orpropetty-may not be sold or.
disposed of by the charter school.without WrittCit.pennission. --
Use ofF.cilitv bv Conversion School
Section 228~056 (13)(g). F S., still contains the provision that a district can not charge.a
conversion charter school a rental or a leasing fee for the school or its property inventory.
The charter school's organizers ace still required to provide for reasonable maintenance to the
conversion school in order to maintain the school in the same manner as the district.
Nonprofit On!anization Status
Charter schools are required to be organizCd as a nonprofi~.. organization. Application .for
[ncorporation as a nonprofit organization within Florida is made through the Florida Department
)f State. The legal requirements to achieve and maintain a nonprofit status are available in the
~oveming statutes found in Q18pter 617, Florida Statutes, the Florida Not For Profit Corporation
!\c:t. Additionally, reference to the [ntema! Revc;nue Code may be made to aseertain the. federal
!iling requirements with the Internal Revenue Service.
TAN Nole 2000-05
I',:;e 9
2) .
It should be note(hhat this existing r-evecsrott"langUllge' slates tha('~e':r-evCl"Sioii;Of such
equipment, property, and furnishings shall focus on recoverable assets, but not on
inlangible or irrevocable costs such as rental or leasing fees. normal maintenance, and
limited renovations." These are normal CO~ts of providing school facilities.
-'--=---
"" .'. .::-:
3) Seclion 128.0561 (2), F.S., which r-equir-ed school dislriclS' approval or capilal outlay
items or expenditures was specifically deleted. Chaner schools are allowed to use capital
outlay funds for "any lawful capital outlay expenditur-e that is directly related to. the
functioning of the chaner school."
!<'ull-Time Eouivalent rITE) Student ReDortinl!
;unding is generated by r-eports ofFTE students through the school district, as prescribed by law
llld rules of the State Board of Education. Records must be kept to establish the charter school's
:ntitlement. These records mUSI be preser-ved for- subsequent audit by the Office of the Auditor
seneral.
;harter- school FTE is to be incluaed in the district's FIE projection. If approval of a charter-
chool's application is after- the FTE projection deadlines, the district school board is held
annless for FTE students not included in the pr-ojection because of such approval.
chool Numbel"S
TE and costs should be reported on a separate school nwnber- for each charter school.
M:dmb
lclosur-es: Charter- School Law (Section 228.056 and 228.0561, F.S., as amended).
Chapter- 99-374 Laws of Florida page 10
Revenue Estimate Worksheet
SUperintendents
;:-...............................1'>. .
Capital Outlay Appendix
Procedures for Submitting and Approving Requests for Funding under
Section 1013.62, F.S., Charter Schools Capital Outlay Funding
Miami-Dade County Public Schools' (M-DCPS) procedures for submitting and approving
requests for funding under Section 1013.62, F.S., Charter Schools Capital Outlay
Funding, will be subject to the guidelines stipulated In memorandum DPBM: 01-58,
dated December 6, 2000, from Mr. Wayne V. Pierson, Deputy Commissioner for
Planning, Budgeting and Management, Florida Department of Education (FDOE). This
attached memorandum includes:
. procedures developed by the FDOE pursuant to Section 1013.62, F. S.;
Charter Schools Capital Outlay Funding;
. definition of terms;
. Charter School Capital Outlay Plan form;
. sample Charter School Capital Outlay Plan form; and
. Statewide Charter School Capital Outlay Distribution for school year 2000-
2001, calculated by the FDOE.
M-DCPS will follow the process delineated below in approving capital outlay plans, and
distributing capital outlay funds to charter schools sponsored by The School Board of
Miami-Dade, Florida:
1. Using the State-lssued form, each charter school must submit a Charter School
Capital OuUay Plan to the office of the M-DCPS Chief Financial Officerfor.hislher j
review and approval. Charter School Capital OuUay Plans for school..yearsi~
subsequent to the 2000-2001 school year, shall. be submitted to the district upon
State notification to the charter school of the Charter' School Capital. OuUay
distribution for that school year. The plan must contain Information on all capital
ouUay projects the charter school has completed, or expeCts to c6mplete,'withthe
capital outlay funds. A charter school may Include more capital projects In Its plan
than can be funded from the anticipated capital outlay allocation.
2. The Charter School Capital Outlay Plan must be signed by the Chairperson of the
charter school's governing body. A copy of the charter school's annual budget,
adopted by its board of directors, shall be submitted to M-DCPS, the sponsor,
along with the Charter School Capital Outlay Plan.
3. Approval of the Charter School Capital Outlay Plan by the charter school's
governing body must be documented in the official minutes of the meeting in which
Page 1 of 4
Revised 12/18/02
the goveming body approved the plan. The minutes must be certified by both the
Chairperson and Secretary of the goveming body and submitted to the M-DCPS
Chief Financial Officer with the Charter School Capital Outlay Plan.
4. Upon receipt of a complete Charter School Capital Outlay Plan from a charter
school, the M-OCPS Chief Financial Officer will convene a committee to review
,
and accept or reject each Charter School Capital Outlay Plan. The committee may
reject a project without rejecting the entire plan. The Charter School Capital Outlay
Plan Review Committee will be made up by the following M-DCPS staff members:
a. Chief Facilities Officer or designee
b. Chief Financial Officer, Chair
c. Chief Budget Officer or deSignee
d. Controller or designee
e. Administrative Director, Division of Schools of Choice or designee
5. Each charter school will be notified In writing of the Charter School CapItal Outlay
Plan Review Committee's decision, withIn 10 wor1<lng days of receMng a complete
plan. ",
6. A charter school may request a distribution of funds only after It receives written
notice that Its Charter School Capital Outlay Plan has been accepted by the District
and such other conditions are met In accordance with Florida Statute (including
allocation of funds by the Commissioner) and the written agreement with the
District that permits such distribution.
7. Each requf:!St fOf a distribution ofcapltcil outlay funds by a -charter school mu~be
accompanl~d ,by docun:lentatjon for the full 'amount being recjuested,lncluding
evidence of paymentfor approved expenditures. Exampl~s of documentation
In~~djer,:,;,,~,,'>,/ ~" '.!. ",, ,.,;~, ,(, ~' ',,' . ',', ,'.'
a.\<ICoples of-fully~xe'ctrted ccintracts, such as (jeaseor .Iease purcha,fie'
, ,r ":8greeinentS;~6fiil'~nfia#;,sales contra~;or'co,~ctIoncontra~;.'~./<
b. Copies of slgned purchase 'olders or bills of sale. .", ',-<,.
c. Cancelled checks and/or receipts from lessor. .
Upon receipt of a request for distribution of funds, which Includes all required
documentation. funds shall be distributed pursuant to the request within 10
wor1<lng days.
8. Prior to the release of any capital outlay funds, charter schools must provide the
District detailed documentation for expenditures of previous capital outlay
distributions, including School Infrastructure Thrift (SIT) Funds. This is necessary
to determine any potential duplication of projects listed in both past and current
plans.
Page 2 of 4
f~evlscd 12/18/02
9. M-DCPS will credit each charter school every six (6) months with interest on the
undistributed daily balances of capital outlay funds, based on the actual monthly
rate of return, as determined by the Florida State Board Administration Local
Government investment pool.
10. M-DCPS may retain a portion of the capital outlay allocation until needed by the
charter school to pay current obligations.
11. Payments to satisfy long-term contracts (such as lease or lease-purchase
agreements) which require monthly payments by the charter school will be
released monthly by M-DCPS, prior to the contractual due dates. Payments
required by construction contracts will be released by M-DCPS in accordance with
the payment schedule contained in a separate agreement between M-DCPS and
the charter school, subject to the provisions of items 12-15 below.
12. Each capital outlay project undertaken by a charter school shall be in accordance
with the requirements at:
a. Section 1013.45, F. 5., Educational Facilities Contracting and
Construction Techniques;
b. Section 255.05, F. 5., Bond of the Contractor Constructing Public
Buildings; Forms; Action by Materialmen;
c. Section 287.055, F. 5., Acquisition of Professional Architectural,
Engineering, Landscape Architectural, or Surveying and Mapping
Services; Definitions; Procedures; Contingent Fees Prohibited; Penalties.
d. Section 287.057, F. S., Procurement of Commodities or Contractual
Services.
13. In accordance with Section 1002.33, F. S., Facilities, charter schools shall comply
with applicable state minimum building codes pursuant to Chapter 553 or and state
minimum fire protection codes pursuant to Section 633.025, F. S., as adopted by
the authority In whose jurisdiction the facility Is located.
14. Upon completion of each project, the charter school shall submit to the District the
permanent Certificate of Occupancy Issued by the authority of the appropriate
jurisdiction, and an Affidavit by the Architect or Engineer of Record that the project
is completed In accordance with the design documents, and an Affidavit by the
Chair of the governing body of the charter school that all contracts for construction,
design, testing, and other support services for the project have been paid in full
along with final releases for all contracts the charter school held for construction,
design, or ancillary services for the project, along with a request for payment to the
charter school for the amount approved for the project. The District shall make
Page 3 of 4
Revised 12/18/02
payment to the charter school accordingly in keeping with its own procedures for
making such payments.
15. Each project involving capital outlay funding shall be subject of a separate
agreement between the charter school and the District embodying at a minimum
the requirements noted above. Each agreement shall also include the following
language:
In the event that the charter school terminates operations, any unencumbered
funds and all equipment and property purchased wiih public education funds
shall revert to the ownership of the District as provided in Section 1002.33, F.
S., Causes for Nonrenewal or Tennination.
16. In accordance with Section 1002.33, F.S., Causes for Nonrenewal or Tennlnation,
in the event a charter school is dissolved or is otherwise tennlnated, all district
school board property and improvements, furnishings and equipment purchased
with public funds shall automatically revert to the full ownership by the district
school board, subject to complete satisfaction of any lawful liens or encumbrances.
Accordingly, the Charter School hereby agrees that the Sponsor shall have the
right of first refusal to acquire any and all real property and Improvements
contained thereon utili~ed for the charter school in the event the charter school Is
dissolved or Is otherwise tennlnated. The district shall, within its sole discretion,
have the right but not the obligation to acquire real property and Improvements
owned by the charter school. In keeping with the requirement of the charter school
legislation, the Sponsor may not assume the debt from any contract of the charter
school. The Sponsor shall have the right to exercise this right of first refusal to
acquire the property and improvements at any time after the charter school is
dissolved or otherwise tennlnated, and the charter school shall cooperate and
assist in the orderly transfer of title to any such property and Improvements,
subject to the complete satisfaction of any lawful liens or encumbrances.
Page 4 of 4
Revised 12/18/02
Appendix L
RULES OF THE
AUDITOR GENERAL
CHAPTER 10.850
CHARTER SCHOOL AUDITS
EFFECTIVE 06-30-01
Appendix M
AUDIT COMPLETION CHECKLIST
FOR CHARTER SCHOOLS AND OTHER ORGANIZATIONS
MIAMI-DADE COUNTY PUBLIC SCHOOLS
The following information should be included in the yearly audit by the organizations submitting their
annual external audit. For charter schools, the Auditor General of the State of Florida has issued rules
that must be complied with (Chapter 10.850). Please share this checklist with your external auditor.
1. The name and address of the school.
2. The name of the principal running the school.
3. Current list of the Board of Directors of the school.
4. If the school is operated by a management company:
a. Name of the company
b. Address
c. List of principal officials
d. Contractual arrangement with the company, such as length of contract, terms, total fees
paid for the year, etc. (This information should be included in the footnotes to the financial
statements).
5. The financial statements must include comparative totals for the prior year.
6. The financial statements must comply with GASB 34 requirements, if applicable.
7. In the footnotes of the financial statements, the following should be disclosed:
a. Total school enrollment and grade configuration. If separate facilities are in operation,
disclose name, address, and the enrollment and grade configuration at each facility.
b. Full disclosure of related party transactions, which should include the related party's
name and address, and disclosure of the transaction, particularly if it is a loan that needs
to be repaid (principal and interest paid and unpaid). If the debt is in arrears, disclosure of
arrangements made to satisfy the debt.
c. Full disclosure of any other debts in arrears, particularly as they relate to the payment of
withholding/social security taxes. Arrangements made to pay the debt(s).
d. For charter schools, full disclosure in the notes or as a separate schedule in the audit of
the tangible personal property purchased with public funds. (It is a current contractual
requirement for charter schools; however, we recommend that it be part of the audit).
e. If there is a deficit cash position or significant losses shown in the financial statements,
full disclosure as to how the school plans to keep operating. The issue is whether
sufficient resources would be available to maintain the school open. This issue may be
addressed in the Management Leiter.
f. Any disclosure of events subsequent to the balance sheet date that the auditor believes
are important to the readers of the financial statements (e.g., significant contractual
arrangements and financing or refinancing of debt, payment of past due taxes, etc.).
8. If the audit is not submitted within the contractually required deadline, the Management Leiter
must comment on it with the appropriate response from the organization as to how it is going
to be remedied in future audit submittals.
9. If there are Management Leiter findings, each finding must include a response by the
organization. If there were prior audit findings, the current audit must include the status of
action taken, i.e., whether the recommendation was fully implemented and, if not, when (date)
it will be fully implemented. Note that quarterly reports may be required on a case-by-case
basis depending on the severity or lack of resolution of the issues noted in the Management
Letter.
10. Please enter the following information about the Certified Public Accountant issuing the audit
report:
CPA's Name
CPA's Address
License No. Status
Expiration Date
In reference to this checklist, please refer any questions to the Office of Management and Compliance
Audits, attention Mr. Norberto Ferradaz, CPA (305) 995-1318.
Please forward a copy of the completed checklist with your audit.
12/H.1i2QO:l404PM
I-\ppenc/X N
Revenue Estimate Worksheet for
Charter School
Based on the Second Calculation of the FEFP 2003-04
School District: Alachua
I. 2003-2004FEFP State and Local, Funding
Base Student Allocation 53,630.03
Program
(a)
101 BasicK-3
III Basic K-3 with ESE Services
102 Basic 4-8
112 Basic 4-8 with ESE Services
103 Basic 9-12
113 Basic 9-12 with ESE Services
254 ESE Level 4 (GNde Level PreK-3)
ESE Level 4 (GNde Level 4-8)
ESE Level 4 (Grade Level 9-12)
255 ESE LevelS (Grade Level PreK-3)
ESE Levet 5 (Grade Level 4-8)
ESE LevelS (Grade Level 9-12)
130 ESOL (Grade Level PreK-3)
ESOL (Grade Level 4-8)
ESOL (Grade Level 9-12)
300 Vocational (GNdes 9-12)
Totals
2.
ESE Guaranteed Allocation:
Additional Funding from the
ESE Guaranteed Allocation.
Enter the FTE from 111,112,
& 113 by grade and matrix
level. Students who do not
have a matrix level should be
considered 251. The lotal
should equol 01/ FTE from
progroms Ill. 1/2 & 1/3 above.
Total FTE with ESE Services
3.
Supplemental Academic Instruction:
District SAI Allocation
divided by district FfE
(wilh eligible services)
Summer Reading Programs:
Non-recurring funds
Allocation divided by district FTE
(with eligible services)
4.
Number
ofFTE
(b)
0.00
FTE
0.00
$ 8,466,167
$ 275,202
District Cost DitTerential: 0.9545
2003-04
Program Weighted Base Funding
Cost FTE WFTE x
Factor (b) x (e) BSA x DCD
(e) (d) (e)
1.002 0.0000 $
1.002 0.0000 S
1.000 0.0000 S
1.000 0.0000 $
1.140 0.0000 S
1.140 0.0000 S
3.948 0.0000 $
3.948 0.0000 $
3.948 0.0000 $
5.591 0.0000 $
5.591 0.0000 $
5.591 0.0000 $
1.298 0.0000 S
1.298 0.0000 S
1.298 0.0000 $
1.190 0.0000 $
0.00001 s
Grade Matrix Guarantee
Level Level Per Student
K-3 251 $ 975 $
K-3 252 S 3,147 $
K-3 253 $ 6,422 $
4-8 251 $ 1,093 $
4-8 252 $ 3,265 $
4-8 253 $ 6,540 $
9-12 251 $ 778 $
9-12 252 $ 2,950 $
9-12 253 S 6,225 $
Tolal from ESE Guarantee S
27,941.73
Per Student
$ 303
$
27,941.73
Per Student
$ 10
$
5.
Total Base Funding, ESE Guarantee, SAI, and Summer Reading Program $
Class size Reduction Funds:
Weil!hteJ FTE Df!f!reI!Dted from inout in Section 1
0.0000
0.0000
0.0000
Total I 0.0000
('TotoI FTE should equal 10101 in Seclion I. column (d).)
PreK - 3
4-8
9-12
DCD
X 0.9545 X
X 0.9545 X
X 0.9545 X
1*
Allocation factors
180.65
163.79
160.74
o
o
o
Total Class Size Reduction Funds S
12/10120034:04 PM
6A. Divide school's Weighted ITE (WFTE) total computed
in (d) above: 0.000 by district's WFTE:
to obtain school's WFTE share.
31,072.74
0.0000%
6B. Divide school's Vnwelghted ITE (UITE) total computed
In (b) above: 0.000 by district's VITE:
to obtain school's UFTE share.
27,941.73
0.0000%
6C. Divide scbool's High School Vnweighted ITE (VITE) total computed
in (b) above: 0.000 by district's VITE:
to obtain school's UFTE share.
27,941.73
0.0000%
7. Other FEFP (WFTE share)
Applicable to all Charter Scbools:
Declining Enrollment
Sparsity Supplement
Hold Harmless
Program Related Requirements:
Safe Schools
8. Discretionary Millage (WFTE share)
9. Discretionary Tax Equalization Allocation
(UFfE share)
10. Discretionary Lottery (WFfE share)
11. Instructional Materials Allocation (UITE share)
Science Lahoratory Materials (hlgb scbool only)
12. Public School Technology (UFTE sbare)
13. Teacher Training (UFTE .hare)
14. Student Transportation
15. Florida Teacbers Lead Program Stipend
16. Food Service Allocation
17. Revenue available from other sources.
Refer to Note:
(a)
495,401
o
o
$ 1,497,417
x
0.0000%
$
$
$
$
$
1,002,016
(d)
5,183,217 x 0.0000% $
0 x 0.0000% $
1,305,691 x 0.0000% $
2,368,484 x 0.0000% $
43,444 x 0.0000% $
549,224 x 0.0000% $
396,018 x 0.0000% $
(b)
(a)
(b)
(c)
(b)
(b)
(e)
(I)
(g)
18.
1998-99 Hold Harmless Calculation (Only if this chtlt1er school was in opertltion prior to July 1, 1999)
Base Student Allocation: $3,223.06 District Cost Differential: 0.9719
Program Base
UITE* Cost Factor WFTE Fundln.
1998-1999 x 1.399 - 0.000 x BSA & DCD ~ $ .
2003-2004 @ Base funding + SAI ($302.9937 per UITE) - $ .
.Enter only FTE of students meeting criterla/or Dropout P'reYention Program Change $ -
Ifmllr school is elivihle and only if tire change is a positive nllmber. enter chanfle amount manuol/v in the riflht hand co/limn.
NOTES:
(a) District allocations multiplied hy percentage from Item 6A. Total $
(b) District allocations multiplied by percentage from Item 6B.
(c) District allocations multiplied by percentage from Item 6C.
(d) Proceeds of millage levy multiplied hy percentage from Item 6A.
(e) Consistent wltb Chapter 1006.21, Florida Statutes and DOE Student Transportation General Instructions
(I) Teacher Lead Program Allocation per 1012.71, florida Statutes
(g) Funding based on student eligibility and meals provided, If participating In the National School Lunch PrograDL
Administrative fees charged by the school district shall be calculated based upon 5 percent of available funds from the FEFP and
categorical funding for which charter students may be eligible. For charter schools with a population of 501 or more students the
difference in the tee calculation and the tee withheld may only be used tor capital outlay purposes specified In 1013.62(2) F.S.
To calculate the administralivefee to be withheldfor schools with more than 500 students, divide the school population into 500.
Multiply thatfraction times the funds available, then times 5%.
FEFP and categorical funding tire recalculated during the year to reflect the revised number of f"ll-time equivalent students reported
during the survey periods designated by the Commissioner ot Education.
Revenues flow to districts from state sources and from county tax collectors on various distribution schedules.
2
Appendix 0
PARENT CONTRACT
I (We) the parent(s)/guardian(s) of
have read and agree to abide by the Code of Conduct and the Dress Code of the (Name of
Schooll.
WHEREAS, in order to provide my (our) child with a unique educational opportunity;
WHEREAS, by choosing to enroll my (our) child at the [Name of School] is a decision of my
(our) personal choice and not a privilege;
WHEREAS, my (our) desire to enroll my (our) child at the (Name of School] is premised upon
my (our) desire to become an active partner in the education of my (our) child;
NOW THEREFORE, in consideration of the foregoing:
I. As a parent of a student at the (Name of School], my (our) commitment is to abide by the
following resolutions:
A. To recognize and embrace my role as the primary educator of my child.
B. To participate in the parenting workshops as provided by the [Name of School].
C. To attend all conferences scheduled with any member of the [Name of School] staff.
D. To participate in the Parent Volunteer Program, by fulfilling the requirements
outlined in the Volunteer Opportunities List provided at registration.
E. To provide transportation to and from school for my child. I understand that if I am
late picking up my child, [Name of Schooll is not responsible for my child's safety.
If my child is continually tardy, I understand that for the benefit of my child's
education, he/she may be required to transfer to a school that is more accessible for
my child.
F. To purchase uniforms for my child from the [Name of School] approved supplier.
G. To supply a lunch, either brown bagged or purchased from the [Name of School]
approved vendor, each school day for my child.
H. To be responsible for timely payment of any fees accrued to my account at the
[Name of School].
I. To participate in at least one of the many parent groups. (e.g., PTO, School
Improvement Committee, etc.)
1. To read and use information sent home by the school for the purpose of keeping
parents informed of the academic topics to be introduced and studied in the
classroom.
I (we) understand that by not fulfilling my contractual obligation to the School and to my (our)
child, this may result in my (our) child being requested to stay after school, be suspended, or
withdrawn and sent to a regular Public School at the sole discretion of the Principal as approved
by the School's Governing Board.
x
Signature of Parent/Guardian
Date
x
Acknowledged By
(SchoolOfficiol)
Date
City of A ventura
@ Charter Schools USA
primary/parcntcon/200 I
6245 N. Federal Hwy., Suite 500
Fort Lauderdale FL 33308
CHARTER SCHOOLS USA
Drug and Alcohol Use
It is CSUSA's desire to provide a drug-free, healthful and safe workplace. To promote
this goal, employees are required to report to work in appropriate mental and physical condition
to perform their jobs in a satisfactory manner.
While on company/school premises and while conducting business-related activities off
company/school premises, no employee may use, possess, distribute, sell, or be under the
influence of alcohol or illegal drugs. The legal use of prescribed drugs is permitted on the job if
it does not impair an employee's ability to perform the essential functions of the job effectively
and in a safe manner that does not endanger other individuals in the workplace.
Violations of this policy may lead to disciplinary action, up to and including im~ediate
termination of employment, and/or required participation in a substance abuse rehabilitation or
treatment program. Such violations may also have legal consequences.
Employees with drug or alcohol problems that have not resulted in, and are not the
immediate subject of, disciplinary action may request approval to take unpaid time off to
participate in a rehabilitation or treatment program through CSUSA's health insurance benefit
coverage. In addition, CSUSA has established a free benefit service with Life Works OneSource
that is available to all employees. Employees can call a toll free number at 888-267-8126 and
get free confidential assistance with all issues of daily living, including addiction and recovery.
Leave may be granted if the employee agrees to abstain from use of the problem substance;
abides by all CSUSA polices, rules and prohibitions relating to conduct in the workplace; and if
granting the leave will not cause the Company any undue hardship.
Under the Drug-Free Workplace Act, an employee who performs work for a government
contract or grant must notify CSUSA of a criminal conviction for drug-related activity occurring
in the workplace. The report must be made within five days of the conviction.
Employees with questions on this policy or issues related to the drug or alcohol use in the
workplace should raise their concerns with their supervisor or the Vice President of Human
Resources without fear of reprisal.
Page 2 of 3
M,ami Downtown Development Authority
l!:l CI~ARfcr( SOiOOlS USA
12114101
6245 N. Federal Hwy., Suite 500
Fort Lauderdale FL 33308
CHARTER SCHOOLS USA
Corporate Office: (954) 202.3500
Fax: 954 202.1979
DRUG-FREE WORKPLACE
Pre-Employment Agreement - Please read carefully
I freely and voluntarily consent to a drug and alcohol test of my urine and blood as part of my
application for employment. I understand that my refusal to submit to the drug and alcohol test,
or my failure to qualify accordingly to the minimum standards established by Charter Schools
USA for this drug and alcohol test may disqualify me from further consideration for
employment.
I further' understand that upon commencement of employment and thereafter with Charter
Schoolsli!JSA, I may again be required to submit a drug and alcohol test. I understand that
refusal to take a requested test or failure to meet the minimum standards set for the test may
result in discipline up to and including termination of employment.
I have read and understand the "above statement and conditions of employment.
Applicants Signature
i
Date
Applicant: Print Name
Date
Witnessed by
Date
Witness: Print Name
Page 3 or 3
Miami Downtown Development Authority
@CttA!1T(f"l SOiOOlS USA
12114/01
Appendix Q
6Gx13- 4-1.05
General Personnel Policv Statement
DRUG-FREE WORKPLACE GENERAL POLICY STATEMENT
The School Board of Miami-Dade County, Florida recognizes that substance abuse
in our nation and our community exacts staggering costs in both human and
economic terms. Substance abuse can be reasonably expected to produce
impaired job performance, lost productivity, absenteeism, accidents, wasted
materials, lowered morale, rising health care costs, and diminished interpersonal
relationship skills. Miami-Dade County Public Schools (M-DCPS) and its employee
unions share a commitment to solve this problem and to create and maintain a
drug-free work environment.
Miami-Dade County Public Schools is responsible for the instruction and well-being
of the students entrusted to its care. A consistent message needs to be
communicated to Miami-Dade County Public Schools students; the use of illegal
drugs, the abuse of alcohol, and the misuse of prescription drugs is unacceptable
and will not be tolerated.
Policy Objectives
A. To promote a healthy, safe working and leaming environment.
B. To seek the rehabilitation of permanent employees with a self-
admitted or detected substance abuse problem.
C. To eliminate substance abuse problems in the workplace.
D. To provide a consistent model of substance-free behavior for
students.
E. To provide a clear standard of conduct for Miami-Dade County Public
Schools employees.
F. To communicate that persons who violate the standards of conduct
cited in this rule and who refuse or cannot be assisted by
rehabilitation or who have negatively impacted students and/or staff
shall be dismissed.
G. To hire drug-free employees.
I. Policy Statement. Illegal Drugs
Drug abuse by employees interferes with the educational and work process,
and compromises the safety and well-being of staff and students.
Employees are expected to conduct themselves in a manner consistent with
the following provisions:
6Gx13- 4-1.05
A. Employees on duty or on School Board property will not manufacture,
distribute, dispense, possess or use illegal drugs, nor will they be
under the influence of such drugs.
B. Employees on or off duty will not influence students to use illegal or
abuse legal drugs.
C. An employee convicted, adjudicated guilty, orwho has entered a plea
of guilty for any criminal drug statute violation occurring in the
workplace shall notify Miami-Dade County Public Schools within 48
hours after final judgment.
One time only, prior to testing, the Miami-Dade County Public Schools shall
give all job applicants and part-time employees going to full-time employment
a written statement of its policy on a drug-free workplace.
II. Polley Statement - Alcohol and Prescription Drugs
Alcohol, prescription and over-the-counter drugs are legal and readily
available. Generally safe and acceptable, these drugs, when abused over
time or used in combination with one another, can result in chemical
dependency or poly-drug addiction. Employees are expected to conduct
themselves in a manner consistent with the following provisions:
A. Employees on duty or on School Board property shall not be under
the influence of alcohol. Employees in safety sensitive positions, as
defined in the Drug-Free Workplace Technical Guide, which is
incorporated by reference into this rule, and made a part thereof, will
be free of measurable alcohol concentrations. Further, employees
will not manufacture or use alcoholic beverages while on School
Board property or on duty.
B. Employees on duty will not use or take prescription drugs above the
level recommended by the prescribing physician, and will not use
prescribed drugs for purposes other than what the prescribed drugs
were intended. In addition, the employee will not distribute or
dispense such drugs, except as provided in School Board Rule
6Gx13-5D-1.021, School Health Services Program.
III. Policy Statement - Employee Physical Examinations/Screening/Health
Services
In order to establish and support a clear standard of conduct for employees,
Miami-Dade County Public Schools adheres to the following provisions:
A. Drug screening will be included in all physical examinations; existing
employees and contracted persons in covered positions will be
screened under the Omnibus Transportation Employee Testing Act of
6Gx13- 4-1.05
1991 (OTETA), and as required under existing labor contracts,
statutes, State Board Rules, and Miami-Dade County Public Schools
Board Rules.
8. Circumstances under which testing may be considered include, but
are not limited to, the following:
· observed use of illegal drugs and/or abuse of alcohol during
work hours;
· apparent physical state of impairment of motor functions;
· marked changes in personal behavior on the job not
attributable to other factors;
· employee involvement in serious or repetitive accidents on the
job causing personal injury to self or others and/or significant
property damage;
· employee involvement in an accident requiring the vehicle to
be towed or medical treatment away from the scene of the
accident; and
. any vehicular fatality.
C. Drug and/or alcohol screening shall be conducted by Board approved,
independent, certified laboratories utilizing recognized techniques and
procedures as described in the Miami-Dade County Public Schools
Drug-Free Workplace Technical Guide. The Technical Guide shall
be located in the Board Office, Citizen Information Center, and the
Office of the School Board Clerk.
D. Medical records and information relating directly thereto shall be
maintained in strict confidentiality, with the highest regard for
employee privacy consistent with Florida=s Public Records Act and
the purpose of achieving and maintaining a drug-free workplace. Any
laboratory contract shall provide that the contractor's records are to be
kept confidential under provisions of Florida Laws. M-DCPS shall
establish a system of maintaining records to include both the district's
and the contractor's record of applicant and employee urinalysis and
blood alcohol results.
E. Miami-Dade County Public Schools recognizes that chemical
dependency is an illness that can be successfully treated. It is the
policy of Miami-Dade County Public Schools, where possible, to seek
rehabilitation of permanent employees with a self-admitted or
detected drug problem.
6Gx13- 4-1.05
IV. Policy Statement - Pre-employment Drug Screening
A. Miami-Dade County Public Schools will require pre-employment drug
screening of applicants in the manner set forth in the Drug-Free
Workplace Technical Guide.
B. Applicants will be referred to Board approved, independent, certified
laboratories utilizing recognized techniques and procedures, as
described in the Drug-Free Workplace Technical Guide.
C. Specimens collected will not be used to conduct any other analysis or
test unless otherwise authorized by law.
D. The validity period for pre-employment drug screening is one year.
E. Applicants will be informed in advance of the requirement of a
negative drug screen as a condition of employment. Applicants
testing positive will not be eligible for employment by Miami-Dade
County Public Schools for three years from the date of the test.
Applicants for designated positions will be informed of the
requirement for a random drug screening test, without prior
notificalon, after employment, under existing labor contracts, statutes,
OTETA, and Board Rules, except as otherwise provided.
V. Disciplinary Sanctions
Employees who violate the standards of conduct cited in this rule and who
the Board determines will not be assisted by rehabilitation or who have
negatively impacted students and/or staff shall be dismissed. A refusal to
submit to a drug test or a second violation of the Drug-Free Workplace Policy
shall constitute an inability to be assisted by rehabilitation. Nothing will
preclude the Board from seeking criminal prosecution for violation of this
policy where the Board deems appropriate.
Specific Authority: 230.22(2); 230.23 (17) F.S.
Law Implemented, Interpreted, or Made Specific: 234.091 F.S.; 34 CFR' 86.201; 49 CFR
parts 40 and 382, et al; 41 USC' 701-706
Historv: THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA
New: 10-4-89
Amended: 9-26-90; 1-6-93; 12-14-94; 8-25-99
.
Appendix R
CHAPTER 68-1
CODE OF ETHICS. EDUCATION PROFESSION
68.1.001 Code of Ethics of the Education Profession in
Florida
68-1,006 Principles of Professional Conduct for the
Education Profession in Florida
CHAPTER 68-1
REPEALED RULES
Effective 7-6-82
68..1.02 Commitment to the Student, Principle I
68.1.03 Commitment to the Public, Principle II
68-1.04 Commitment to the Profession, Principle III
68-1.05 Commitment to Professional Employment
Practices. PrinCiple IV
235
CHAPTER 66-1
CODE OF ETHICS
SUPP. 99-3
68.1.001 Code of Ethics of the Education Profession In
Florida.
(1) The educator values the worth and dignity of every person, the
pursuit of truth, devotion to excellence, acquisition of knowledge. and
the nurture of democratic citizenship. Essential to the achievement of
these standards are the freedom to learn and to teach and the
guarantee of equal opportunity for all.
(2) The educator's primary professional concern will always be
for the student and for the development of the student's potential. The
educator will therefore strive for professional growth and will seek to
exercise the best professional judgment and integrity.
(3) Aware of the importance of maintaining the respect and
confidence of one's colleagues, of students, of parents, and of other
members of the community, the educator strives to achieve and sustain
the highest degree of ethical conduct.
Specific Authority 229.053(1), 231.546(2)(b) FS. Law Implemented
231.546(2)(b) FS. History - New 3-24-65, Amended 8-9-69,
Repromul9ated 12-~74, Amended 8-12-81, 7-6-82, Fonnerly 68-1.01.
68-1,006 Prlnctples 01 Prol.sslonal Conduct lor th.
Education Profession In Florida.
(1) The following disciplinary rule shall constitute the Principles of
Professional Conduct for the Education Profession in Florida.
(2) Violation of any of these principles shall subject the individual
to revocation or suspension of the individual educator's certificate, or
the other penalties as provided by law.
(3) Obligation to the student requires that the Individual:
(a) Shall make reasonable effort to protect the student from
conditions harmful to learning and/or to the student's mental and/or
physical health and/or safety.
(b) Shall not unreasonably restrain a student from independent
action in pursuit of learning.
(c) Shall not unreasonably deny a student access to diverse
points of view.
(d) Shall not intentionally suppress or distort subject matter
relevant to a studenrs academic program.
(e) Shall not intentionally expose a student to unnecessary
embarrassment or disparagement.
(f) Shall not Intentionally violate or deny a student's legal ri9hts.
(g) Shall not harass or discriminate against any student on the
basis of race, color, religion. sex, age, national or ethnic origin, political
beliefs, marital status, handicapping condition, sexual orientation, or
social and family background and shall make reasonable effort to
as~ure that each student is protected from harassment or
disaimination.
(h) Shall not exploit a relationship with a student for personal gain
or advantage.
Q) Shall keep in confidence personally Identifiable Inlonnation
obtained In the course of professional service, unless disclosure
serves professional purposes or Is required by law.
(4) Obligation to the public requires that the Individual:
(8) Shall take reasonable precautions to distinguish between
personal views and those of any educational institution or organization
with which the individual is affiliated.
(b) Shall not intentionally distort or misrepresent facts concerning
an educational matter in direct or indirect publictexpression.
(c) Shall not use institutional privileges for personal gain or
advantage.
(d) Shall accept no gratuity, gift, or favor that might influence
professional judgment.
(e) Shall offer no gratuity, gift, or favor to obtain special
advantages.
(5) Obligation to the profession of education requires that the
individual:
(a) Shall maintain honesty in all professional dealings.
(b) Shall not on the basis of race, color, religion, sex, age,
national or ethnic origin, political beliefs. marital status, handicapping
condition if otherwise qualified, or social and family background deny
to a colleague professionat benefits or advantages or participation in
any professional organization.
(c) Shall not interfere with a colleague's exercise of political or
civil rights and responsibilities.
(d) Shall not engage in harassment or discriminatory conduct
which unreasonably interferes with an individual's performance of
professional or work responsibilities or with the orderty processes
of education or which creates a hostile, intimidating, abusive,
offensive, or oppressive environment; and, further, shall make
reasonable effort to assure that each individual is protected from
such harassment or discrimination.
(e) Shall not make malidous or intenttonally false statements
about a colleague.
(1) Shall not use coercive means or promise special treatment
to influence professional judgments of colleagues.
(g) Shall not misrepresent one's own professional
qualifications.
(h) Shall not submit fraudulent information on any document in
connection with professional activities.
(i) Shall not make any fraudulent statement or fail to disclose a
material fact in one's own or another's application for a professional
position.
0) Shall not withhold information regarding a position from an
applicant or misrepresent an assignment or conditions of
employment.
(k) Shall provide upon the request of the certificated individual a
written statement of specific reason for recommendations that lead
to the denial of increments, significant changes in employment, or
termination of employment.
(I) Shall not assist entry into or continuance in the profession
of any person known to be unqualified in accordance with these
Principles of Professional Conduct for the Education Profession in
Florida and other applicable Florida Statutes and State Board of
Education Rules.
(m) Shall sell-reporl within lorty-elght (48) hours 10 appropriate
authorities (as determined by district) any arrests/charges involving
the abuse of a child or the sale and/or possession of a controlled
substance. Such notice shall not be considered an adm!ssion of guilt
nor shall such notice be admissible for any purpose in any
proceeding, dvil or criminal, administrative or judidal, investigatory or
adjudicatory. In addition. shall self-report any conviction. finding of
guilt, withholding of adjudication, commibnent to a prebial diversion
program, or entering of a plea 01 guilty or Nolo Contendre "" any
criminal offense other than a minor traffic violation within forty-eight
(48) hours after the final judgmenl When handling sealed and
expunged records disclosed under this rule, school districts shall
comply with the confidentiality provisions 01 Sections 943.0585(4)(c)
and 943.059(4)(c), Florida Statutes.
(n) Shall reporlto appropriate authorities any known alle9ation
of a violation 01 the Florida School Code or State Board of Education
Rules as defined in Section 231.28(1), Florida Statutes.
Co) Shall seek no reprisal against any individual who has
reported any allegation of a violation of the Florida School Code or
State Board of Education Rules as defined in Section 231,28(1),
Florida Statutes.
(p) Shall comply with the conditions 01 an order of the
Education Practices Commission imposing probation, imposing a fine,
or restricting the authorized scope of practice.
(q) Shall, as the supervising administrator, cooperate with the
Education Practices Commission in monitoring the probation of a
subordinate.
Specific Authority 229.053(1), 231.546(2)(b) FS. Law Implemented
231.546(2),231.28 FS. History - New 7-6-82, Amended 12-20-83,
Fonnerly 6B-l.06, Amended 8-10-92, 12-29-98.
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