09-20-2018 Commission Meeting Agenda Interim City Manager
City Commission Joanne Carr,AICP
]Enid Weisman,Mayor `"`
..�_;
Gladys Mezralni,Vice Mayor �.!_; -��' Citi Clerk
Denise Landman,Commissioner ]Elllisa L.Horvath,MMC
Dr.Linda Marks,Commissioner i
Marc Narotsky,Commissioner Citi Attorney
Robert Shelley,Commissioner c, Weiss Scrota Helfman
Howard Weinberg,Commissioner e�✓ G ,.nQ,�' Cole&Bierman
CITY COMMISSION MEETING AGENDA
SEPTEMBER 20, 2018
9:00 a.m.
Executive Conference Room
Aventura Government Center
19200 West Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. RESOLUTION:
CITY COMMISSION,IN ITS CAPACITY AS THE AVENTURA CHARTER HIGH
SCHOOL BOARD OF DIRECTORS:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, ACTING IN THEIR CAPACITY AS THE BOARD OF DIRECTORS
FOR THE AVENTURA CHARTER HIGH SCHOOL,AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED CHARTER SCHOOL
CONTRACTUAL AGREEMENT FOR THE AVENTURA CHARTER HIGH
SCHOOL BETWEEN THE CITY OF AVENTURA 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.
3. AVENTURA CHARTER HIGH SCHOOL UPDATE (CHARTER SCHOOLS USA,
INC. AND CMCS CONSULTING SERVICES, LLC)
4. MOTION APPROVING ACCEPTANCE OF DONATION OF "AVENTURA THE
CITY OF EXCELLENCE" ART EXHIBITION FROM THE ARTISTS AND
BANCO DO BRASIL AMERICAS
5. ADJOURNMENT
This meeting is open to the public.In accordance with the Americans with Disabilities Act of 1990,all persons who are
disabled and who need special accommodations to participate in this meeting because of that disability should contact
the Office of the City Clerk,305-466-8901,not later than two days prior to such proceeding. One or more members of
the City of Aventura Advisory Boards may be in attendance and may participate at the meeting. Anyone wishing to
appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or
hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the
proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. Agenda
items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club
Drive,Aventura,Florida,33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at
305-466-8901.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Joanne Car, Interim CityManag
By: Eric M. Soroka, CMCS Cons i, • -s
DATE: September 13, 2018
SUBJECT: Resolution Authorizing Charter Sch. . Contract for Aventura Charter High
School with School Board of Miami-Dade County
September 20, 2018 City Commission Meeting Agenda Item c9-
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing the
execution of the attached Charter School Contract for the Aventura Charter High School
with the School Board of Miami-Dade County.
BACKGROUND
The attached Contract is for fifteen (15) years and follows the School Board's standard
format, with minor divisions to incorporate provisions authorized by State law for a
municipal charter, including preference to City of Aventura residents to attend the school.
The contract also reflects the City's governance structure whereby the City Commission
acts as the Board of Directors and utilizes a management company to run the day to day
operations of the school. The Principal, as well as all other staff, will be employees of the
management company and will report to the City Manager and the School Advisory Board.
The School Board's Charter School Contract Review Committee is scheduled to meet on
September 17, 2018 and the School Board is scheduled to consider the Contract at its
October 10, 2018 meeting. The City Attorney and CSUSA have reviewed the Contract.
If you have any questions, please feel free to contact me.
Attachments
RESOLUTION NO. 2018-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, ACTING IN THEIR CAPACITY AS THE BOARD
OF DIRECTORS FOR THE AVENTURA CHARTER HIGH SCHOOL,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED
CHARTER SCHOOL CONTRACTUAL AGREEMENT FOR THE
AVENTURA CHARTER HIGH SCHOOL BETWEEN THE CITY OF
AVENTURA 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 Charter
School Contractual Agreement for the Aventura Charter High School between the City
of Aventura and the Miami-Dade County School Board, in substantially the form
attached.
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 , who moved
its adoption. The motion was seconded by Commissioner , and upon being
put to a vote, the vote was as follows:
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Gladys Mezrahi
Mayor Enid Weisman
City of Aventura Resolution No. 2018-
PASSED AND ADOPTED this 20th day of September, 2018.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
CHARTER SCHOOL CONTRACT
BETWEEN
THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA
AND
THE CITY OF AVENTURA,FLORIDA
AVENTURA CHARTER HIGH SCHOOL (MSID TBD)
Contractual Agreement
History:
Application: December 6, 2017
Contract:
Bp2/2018(Muni)
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AVENTURA CHARTER HIGH SCHOOL (MSID TBD)
CONTRACTUAL AGREEMENT
Table of Contents
SECTION 1: GENERAL PROVISIONS.................................................................................. 15
A) Approved Application ........................................................................................ 15
B) Term..................................................................................................................... 15
1) Start-Up Date/School Calendar—N/A........................................................... 15
2) Charter Modification...................................................................................... 16
3) Charter Renewal............................................................................................. 17
C) Educational Program and Curriculum: ........................................................... 17
1) General........................................................................................................... 17
D) Non-Renewal/Cancellation and Termination................................................... 18
1) Reasons for Termination/Non-Renewal ........................................................ 18
2) Non-Renewal/90-day Termination ................................................................ 22
E) Immediate Termination......................................................................................23
1) Student Health, Safety, or Welfare ................................................................ 23
2) Sponsor Notification Responsibilities............................................................ 23
3) Operation of the School................................................................................. 23
4) School Access and Documentation Responsibilities..................................... 23
5) Removal of Funds or Property....................................................................... 24
6) Disbursement of Funds .................................................................................. 24
7) Employees of the School ............................................................................... 24
F) Post-Termination................................................................................................24
1) School ............................................................................................................ 24
2) School Furniture, Fixtures, Equipment, and Funds ....................................... 24
3) School Debt....................................................................................................25
4) Unencumbered Funds .................................................................................... 25
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5) Expenditures ..................................................................................................25
6) Final Audit..................................................................................................... 25
G) School Election to Terminate or Non-renew....................................................26
SECTION 2: ACADEMIC ACCOUNTABILITY..................................................................26
A) Student Performance: Assessment and Evaluation.........................................26
1) Initial Year..................................................................................................... 26
2) Annual Goals and Performance Objectives................................................... 27
3) Termination Based on School Grade or Rating............................................. 30
4) Records and Grades Procedures..................................................................... 31
5) Textbook Inventory........................................................................................ 32
B) Student Promotion..............................................................................................32
1) Student Progression Plan ............................................................................... 32
2) Graduation Requirements .............................................................................. 32
3) Accreditation.................................................................................................. 32
4) Other Assessment Tools ................................................................................ 33
C) Data Access and Use...........................................................................................33
1) Access to Facilities, Records, and Data......................................................... 33
2) Sponsor Use of Required Assessment Data................................................... 33
3) Acceptable Use Policy................................................................................... 33
D) Advanced Academics..........................................................................................34
1) Dual Enrollment............................................................................................. 34
2) Preliminary Scholastic Aptitude Test(PSAT)............................................... 35
3) Advanced Placement Examinations............................................................... 35
SECTION3: STUDENTS.........................................................................................................35
A) Eligible Students..................................................................................................35
B) Grades Served.....................................................................................................35
C) Class Size..............................................................................................................36
D) Annual Projected Enrollment............................................................................36
1) Student Enrollment...................................................................................... 36
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2) High-Performing Charter Schools ................................................................. 36
3) Minimum Enrollment Requirements -N/A................................................... 36
4) Deferred Opening and Student Enrollment—N/A......................................... 37
5) Required Instructional Minutes...................................................................... 37
6) Enrollment Capacity ...................................................................................... 37
7) Annual Enrollment......................................................................................... 37
E) Admissions and Enrollment Plan......................................................................38
1) Recruitment.................................................................................................... 39
2) Enrollment Consent....................................................................................... 39
3) Enrollment Lottery and Wait List Documentation........................................ 39
4) Student Information....................................................................................... 40
5) Articulation Agreement................................................................................. 40
F) Maintenance of Student Records.......................................................................41
1) Student Records............................................................................................. 41
2) Transfer of Student Cumulative Records....................................................... 41
3) Transfer of Student Cumulative Records Upon Student Enrollment
Termination........................................................................................................... 41
4) Transmittal of Educational Records............................................................... 41
G) Exceptional Student Education.........................................................................42
1) Non-Discrimination....................................................................................... 42
2) Sponsor Responsibilities................................................................................ 42
3) School Responsibilities.................................................................................. 43
4) Services Covered by the Administrative Fee................................................. 46
5) Due Process Hearing...................................................................................... 46
6) Reimbursement for Services..........................................................................48
14) Withdrawal Policies and Procedures................................................................48
1) Involuntary Student Withdrawal....................................................................48
2) Voluntary Student Withdrawal......................................................................49
I) Discipline..............................................................................................................49
1) Code of Student Conduct (COSC)................................................................. 49
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2) Learning Environment................................................................................... 49
3) Corporal Punishment..................................................................................... 49
4) Student Expulsion.......................................................................................... 49
5) Legal Costs..................................................................................................... 50
J) English Language Learners............................................................................... 50
SECTION 4: FINANCIAL ACCOUNTABILITY................................................................. 50
A) Revenue................................................................................................................ 50
1) Basis for funding............................................................................................ 50
2) Federal Funding............................................................................................. 55
3) Charter School Capital Outlay Funds ............................................................ 58
B) Administrative Fee.............................................................................................. 58
1) Allowable Withholding.................................................................................. 58
2) Sponsor Use of Administrative Fee............................................................... 59
3) Access to Optional Sponsor Services ............................................................ 59
4) Provision of School Lunches ......................................................................... 59
C) Restriction on Charging Tuition........................................................................59
D) Allowable Student Fees....................................................................................... 59
1) Use of Student Fees ....................................................................................... 59
2) Fee Schedule.................................................................................................. 59
3) Student Fee Documentation........................................................................... 60
4) Parent Donations............................................................................................ 60
E) Budget.................................................................................................................. 60
1) Annual............................................................................................................ 60
2) Amended Budget ........................................................................................... 60
F) Financial Records, Reports and Monitoring.................................................... 60
1) Maintenance of Financial Records................................................................. 60
2) Financial and Program Cost Accounting and Reporting............................... 61
3) Financial Reports........................................................................................... 61
4) School's Fiscal Year...................................................................................... 63
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5) Financial Recovery/Corrective Plan.............................................................. 63
6) Submission Process........................................................................................ 64
7) Additional Monitoring................................................................................... 64
G) Financial Management of Schools..................................................................... 64
1) Financial Management and Oversight Responsibilities................................. 64
2) Taxes and Bonds............................................................................................ 65
3) Additional Financial Requirements ............................................................... 65
4) Utilization of the Sponsor.............................................................................. 65
5) Transfers/Advances, Grants, and/or Loans.................................................... 65
6) Bank Transfer Information ............................................................................ 65
H) Description of Internal Audit Procedure.......................................................... 66
SECTION 5: FACILITIES....................................................................................................... 66
A) Prior Notification................................................................................................ 66
1) Deadline to Secure Facility............................................................................ 66
2) Deadline to submit zoning approvals and Certificate of Occupancy............. 66
3) Government Inspections of Facility............................................................... 67
4) Sponsor Inspection of Facility....................................................................... 67
B) Compliance with Building and Zoning/Requirements................................... 68
1) Florida Building Code.................................................................................... 68
2) Florida Fire Prevention Code......................................................................... 68
3) Applicable Laws ............................................................................................ 68
4) Capacity of Facilities ..................................................................................... 69
5) Leased facilities ............................................................................................. 70
6) Emergencies................................................................................................... 70
C) Location ............................................................................................................... 70
1) School's Street Address................................................................................. 70
2) Temporary Facility (if applicable)................................................................. 70
3) Relocation...................................................................................................... 70
4) Additional Campuses or Facilities, if applicable...........................................71
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D) Prohibition to Affix Religious Symbols............................................................. 71
SECTION 6: TRANSPORTATION ........................................................................................ 71
A) School Responsibilities........................................................................................ 71
B) Reasonable Distance........................................................................................... 71
C) Compliance with Safety Requirements............................................................. 71
D) Fees....................................................................................................................... 72
E) Private Transportation Agreement................................................................... 72
F) Reimbursement for School Provided Transportation..................................... 72
G) Failure to Comply............................................................................................... 72
SECTION 7: INSURANCE AND INDEMNIFICATION...................................................... 72
A) Indemnification of Sponsor................................................................................ 72
1) Indemnification for Professional Liability..................................................... 73
2) Notification of Third Parry Claim, Demand, or Other Action....................... 73
3) Indemnity Obligations ................................................................................... 74
B) Indemnification of School................................................................................... 74
C) Acceptable Insurers............................................................................................ 74
1) Acceptable Insurance Providers..................................................................... 74
2) Insurance Provider Compliance..................................................................... 75
3) Minimum Insurance Requirements................................................................ 75
D) Commercial and General Liability Insurance................................................. 75
1) Liabilities Required........................................................................................ 75
2) Minimum Limits............................................................................................ 75
3) Deductible/Retention..................................................................................... 75
4) Occurrence/Claims......................................................................................... 76
5) Additional Insured ......................................................................................... 76
E) Automobile Liability Insurance......................................................................... 76
1) Coverage ........................................................................................................ 76
2) Occurrence/Claims and Minimum Limits ..................................................... 76
F) Workers' Compensation/Employers' Liability Insurance.............................. 76
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1) Coverage ........................................................................................................ 76
2) Minimum Limits............................................................................................ 77
G) School Leader's Errors and Omissions Liability Insurance........................... 77
1) Form of coverage........................................................................................... 77
2) Coverage Limits............................................................................................. 77
3) Occurrence/Claims......................................................................................... 77
H) Property Insurance............................................................................................. 78
1) Structure Requirements.................................................................................. 78
2) Additional Requirements............................................................................... 78
3) Business Personal Property Insurance........................................................... 78
I) Applicable to All Coverage ................................................................................ 78
1) Other Coverage.............................................................................................. 78
2) Deductibles/Retention.................................................................................... 78
3) Subcontractors................................................................................................ 79
4) Default Upon Non-Compliance..................................................................... 79
SECTION8: GOVERNANCE ................................................................................................. 79
A) Public or Private Employer................................................................................ 79
B) Governing Board Responsibilities and Organization Composition............... 79
1) Organizational Plan........................................................................................ 81
2) School Fiscal Agent....................................................................................... 81
3) Student/Parent Contract................................................................................. 81
4) Governing Board Reporting........................................................................... 82
5) Governance Training ..................................................................................... 82
6) Employment of Relatives............................................................................... 82
C) Public Records..................................................................................................... 82
D) Reasonable Access to Records by Sponsor....................................................... 82
E) Sunshine Law......................................................................................................82
F) Reasonable Notice of Governing Board Meetings........................................... 83
1) Notice of Governing Board Meetings............................................................ 83
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2) Governing Board Meeting Requirements...................................................... 83
G) Identification of Governing Board Members................................................... 83
1) Parental Representative Designee.................................................................. 83
H) Website................................................................................................................. 84
SECTION 9: EDUCATION SERVICE PROVIDER............................................................. 84
A) Education Service Provider Agreement............................................................ 84
1) School Use of ESP Services .......................................................................... 84
2) Submission of ESP Agreement...................................................................... 85
3) Amendments to ESP Contract....................................................................... 85
4) ESP Contract Amendments............................................................................ 85
5) Change of ESP............................................................................................... 85
SECTION 10: HUMAN RESOURCES................................................................................... 85
A) Hiring Practices................................................................................................... 85
1) Reporting Staffing Changes........................................................................... 86
2) Non-Discriminatory Employment Practices.................................................. 86
3) Instructional Personnel................................................................................... 86
4) Fingerprinting and Background Screening.................................................... 87
5) Hiring Prohibition.......................................................................................... 88
B) Employment Practices........................................................................................ 88
1) Statutory Prohibition and Required Disclosure regarding Hiring of Relatives
88
2) Self-Reporting of Arrests............................................................................... 89
3) Standards of Behavior.................................................................................... 89
4) Code of Ethics................................................................................................ 89
5) Personnel Policy............................................................................................. 89
6) Collective Bargaining .................................................................................... 89
7) Immigration Status......................................................................................... 89
8) Employee Discipline...................................................................................... 90
9) Employee Evaluation..................................................................................... 90
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C) Sponsor Training of School's Employees ......................................................... 90
1) Participation and Cost for Training Activities............................................... 90
SECTION 11: REQUIRED REPORTS/DOCUMENTS........................................................ 90
SECTION 12: MISCELLANEOUS PROVISIONS............................................................... 90
A) Impossibility........................................................................................................90
B) Notice of Claim....................................................................................................90
1) Time to Submit.............................................................................................. 91
2) Notification of Cancellation........................................................................... 91
3) Renewal/Replacement.................................................................................... 91
C) Drug-Free Workplace......................................................................................... 91
D) Entire Agreement................................................................................................ 91
E) No Assignment..................................................................................................... 91
F) No Waiver............................................................................................................ 91
G) Default.................................................................................................................. 92
H) Survival Including Post-Termination ............................................................... 92
I) Severability..........................................................................................................92
J) Third Party Beneficiary..................................................................................... 92
K-) Choice of Laws....................................................................................................92
L) Notice.................................................................................................................... 92
M) Authority.............................................................................................................. 93
N) Conflict/Dispute Resolution............................................................................... 93
1) Contractual Conflicts..................................................................................... 93
2) School Stakeholder Conflicts......................................................................... 93
3) Contractual Priority........................................................................................ 94
O) Citations............................................................................................................... 94
P) Headings............................................................................................................... 94
Q) M-DCPS Police....................................................................................................94
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APPENDICES
*Appendix A- Official Charter School Application (If applicable)
*Appendix B - School's Alternative Comprehensive Research-Based Reading
Plan (CRRP) (If applicable)
Appendix C - School Board Policy 9800 - Charter School
Please be aware that the Sponsor is in the process of revising School Board Policy 9800—Charter Schools.
The linked document will be in force until the revised policy receives formal approval from the M-DCPS
School Board. http://www.neola.com/miamidade-fl/
Appendix D - Student Progression Plan (SPP)
Please be aware that the Sponsor is in the process of updating the SPP. The linked document will be in
force until the 2016-2017 M-DCPS SPP receives formal approval from the M-DCPS School Board.
http://ehandbooks.dadeschools.net/policies/93.pdf
Appendix E - Budget for Initial Year of Operation Based on Minimum Enrollment (If applicable)
Appendix F - Exceptional Student Education Policies and Procedures (SP&P)
http://ehandbooks.dadeschools.net/policies/149.pdf
Appendix G - Florida Medicaid Certified School Match Program
http://sss.usf.edu/resources/format/pdf/MedicaidCertifiedSchoolMatchDec2005.pdf
Appendix H - Code of Student Conduct
http://ehandbooks.dadeschools.net/policies/90/
Appendix I — English Language Learner's (ELL) Plan*
http://ehandbooks.dadeschools.net/user guides/134.pdf
*Appendix J -Annual Budget Based on Enrollment Projections
Appendix K - Florida Department of Education (DOE) Technical Assistance Paper
No. 2009-03, Auditor Selection Process
http://www.fldoe.org/core/fileparse.php/7704/urlt/0070866-auditor selection tap.pd
Appendix L -Auditor General Rules & Guidelines, State of Florida
http://www.myflorida.com/audgen/pages/rules dsb charter.htm
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*Appendix M - By-Laws of the Governing Board (Does not pertain to municipalities)
*Appendix N -Articles of Incorporation
*Appendix 0 - School's Parental Contract/Handbook
Appendix P - School Board Policy 1124, - Drug-Free Workplace
http://www.neola.com/miamidade-fl/
Appendix Q - Florida Code of Ethics of the Education Profession in Florida and Principles
of Professional Conduct for the Education Profession in Florida
http://www.fldoe.org/edstandards/code_of_ethics.asp
*Appendix R - School's Personnel Policy
Appendix S - List of Required Reports/Documents
Appendix T - Dispute Resolution Procedures
*Appendix U - Title I Guidelines
htto://ehandbooks.dadeschools.net/policies/135.odf
Appendix V—Corrective Action Plan (If applicable)
*Indicates appendices provided by the School.
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I AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL (MSID 0950)
2 FIRST RENEWAL TO THE CHARTER SCHOOL CONTRACT
3
4 SECTION 1: GENERAL PROVISIONS
5 This Charter School Contract (Contract or Charter) entered into as of the day of , 2018,
6 is between The School Board of Miami-Dade County, Florida, (Sponsor), and the City of
7 Aventura, Florida, a Political Subdivision of the State of Florida, (School) and operator of
8 Aventura Charter High School. This Charter is limited to the School's location and is effective
9 upon approval by the School Board. The seven duly elected representatives of The City of
10 Aventura (City) Commission will serve as the School's Board of Directors (Board).
11 A) Approved Application
12 The Official Charter School Application approved by the School Board on December 12,
13 2001, is attached as Appendix A. All attached appendices are incorporated by reference
14 and made a part of this Charter.
15 B) Term
16 The term shall be for fifteen (15) years commencing on Julyl, 2019 and ending on June
17 30,2033. The term of a high performing charter school,as defined by §1002.33,F.S., shall
18 be modified if the School receives a school grade of"C" or below in any two years during
19 the term of the charter.
20 1) Start-Up Date/School Calendar—
21 (a) Pursuant to law, the school may defer the opening to provide time for
22 adequate facility planning. Upon election to defer the school opening, the
23 charter school's authorized representative shall notify the Sponsor, in
24 writing, indicating (1) the deferral status as provided by law, and (2) the
25 proposed first day of the school. Additionally, in order to appropriately plan
26 for the opening of schools and correctly project student enrollment for the
27 upcoming school year, any charter school with an approved application or
28 contract that indicates that they will defer opening will provide the district
29 with a status report by March 1 of the year they were approved to open. This
30 informational status report shall include a timeline that will include all key
31 operational items and milestones.The applicant shall be required to continue
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32 to provide periodic status reports and make allowances for site visits, when
33 applicable. This Charter shall expire if the applicant does not open on: (1)
34 the first day of school of the school year indicated in this Charter, or (2) the
35 first day of the school year indicated in the school's deferral notice, subject
36 also to the facility documentation required by this Charter and law. The
37 Sponsor shall provide notice of expiration to the school.
38 (b) For a new charter school, the school's calendar shall be consistent with the
39 beginning of the Sponsor's school calendar for the first year of operation.
40 For every year thereafter and for all other charter schools, if the School's
41 calendar will not be consistent with the beginning of the Sponsor's public
42 school's calendar, the school shall provide at least 15-day notice to the
43 Sponsor prior to opening of their school year. The School shall provide
44 instruction for at least the number of days and the minimum number of
45 instructional minutes required by law for other public schools. Instructional
46 days beyond the minimum must be submitted to the Sponsor for review and
47 approval no later than 15 business days prior to the first day of the school
48 year. Changes that may be requested during the school year must be
49 approved by the Sponsor. After the School's calendar is approved, any
50 subsequent modification must be approved by the Sponsor prior to
51 implementation.
52 (c) Deadline for Submission of Pre-Opening Checklist Items: No later than
53 fifteen(15)days prior to the initial use of a facility by the School, the School
54 shall have an approved charter and provide evidence of all necessary permits,
55 licensing, zoning, use approval, facility certification and other approvals
56 required by the local government. Failure to comply shall result in automatic
57 rescission of the Charter with notice to the School and no further action
58 required of the Sponsor.
59 2) Charter Modification
60 This Charter, regardless of the School's high-performing designation, may not be
61 modified unless approved by both parties in writing pursuant to School Board
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62 Policy 9800,Charter Schools(Appendix Q.Whenever a charter is amended it shall
63 be updated using the Sponsor's standard charter and to comply with current School
64 Board policies except for certain amendments such as amendments necessitated by
65 Sponsor's policy amendments, a high-performing charter school's enrollment
66 increase, school consolidation amendments, and other amendments as determined
67 by the Sponsor.
68 3) Charter Renewal
69 (a) Prior to renewal of this charter,the Sponsor shall perform a program review
70 to determine the level of success of the School's current academic program,
71 achievement of the goals and objectives required by state accountability
72 standards and successful accomplishment of the criteria under Section
73 1002.33(7)(a), F.S., the viability of the organization, compliance with the
74 terms of the charter, and that none of the statutory grounds for nonrenewal
75 exist.
76 (b) Any charter school seeking renewal shall complete a charter renewal
77 application as provided by law and the Sponsor's renewal process. The
78 application shall include documentation for the items listed above.
79 (c) Renewals shall be for a term for a term of five (5)years unless another term
80 is mutually agreed upon, required, or allowed by law. Upon approval, the
81 contract will be renewed following the contract negotiation process in
82 current School Board policy.
83 C) Educational Program and Curriculum:
84 1) General
85 (a) The School shall implement its educational and related programs as
86 specified in the School's Official Charter School Approved Application
87 (Appendix A), including the School's curriculum, the instructional
88 methods, any distinctive instructional techniques to be used, and the
89 identification and acquisition of appropriate technologies needed to
90 improve educational and administrative performance, which include a
91 means for promoting safe,ethical,and appropriate uses of technology which
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92 comply with legal and professional standards. The School shall ensure that
93 reading is a primary focus of the curriculum and that resources are provided
94 to identify and provide specialized instruction for students who are reading
95 below grade level. Further, the curriculum and instructional strategies for
96 reading shall be consistent with applicable State and Federal Standards and
97 grounded in scientifically-based reading research. Updates, revisions,
98 and/or changes to the curriculum programs described in the application and
99 as requested by the Sponsor as a condition of the application's approval are
100 incorporated as part of the Official Charter School Approved Application
101 included as Appendix A. Any request to change the School's curriculum
102 must be submitted to the Sponsor in writing, comply with all applicable
103 laws and be approved by the Sponsor before the changes are implemented.
104 (b) The School will adopt and implement with fidelity, the Sponsor's K-12
105 Comprehensive Research-Based Reading Plan (CRRP), Section 10 11.62,
106 F.S., and Rule 6A-6.053, F.A.C., including all instructional materials,
107 unless it has chosen to use an alternate research-based core reading plan. If
108 applicable, the School's adopted research-based core reading plan is
109 attached as Appendix B.
110 D) Non-Renewal/Cancellation and Termination
111 This Charter may be cancelled or terminated during its term for any reason, pursuant to
112 state law or this Charter.Notices of non-compliance,termination, cancellation and default
113 may be issued by the Sponsor's Superintendent or the Superintendent's designee.
114 1) Reasons for Termination/Non-Renewal
115 The Sponsor may choose to terminate the Charter during its term or not renew the
116 Charter at the end of the current term, for any of the following reasons:
117 (a) failure to participate in the state's education accountability system created
118 in Section 1008.3 1, F.S., as required in this section, or failure to meet the
119 requirements for student performance stated in the Charter;
120 (b) failure to meet generally accepted standards of fiscal management;
121 (c) violation of law;
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122 (d) other good cause shown or as defined in this Charter;
123 (e) failure to make sufficient progress in attaining the student achievement
124 objectives of the charter and it is not likely that such objectives can be
125 achieved before expiration of the charter;
126 (f) failure to correct any material deficiency(ies) of which the Sponsor has
127 notified the School in writing;
128 (g) failure to implement a reading curriculum that is consistent with effective
129 teaching strategies grounded in scientifically-based reading research, and
130 approved by the Florida Department of Education (FDOE);
131 (h) receiving a grade of"F" or rating of declining in any two consecutive or
132 two of any three years;
133 (i) the School or its representatives are found to have committed a material
134 fraud on the Sponsor or made a material misrepresentation, either willfully
135 or recklessly, in the application or this Charter;
136 (j) failure to timely submit or implement performance objectives and action
137 plan, a Financial Recovery Plan, or periodic reports specified in the plan(s)
138 and required by the Sponsor, the State Commissioner of Education or the
139 State Board of Education;
140 (k) failure to follow, implement or make progress toward the mission of the
141 School as stated in the application and this Charter;
142 (1) failure to deliver the instructional programs or curricula identified in the
143 application;
144 (m) failure to make contributions to the Florida Retirement System (FRS) if the
145 School has elected to be part of the FRS;
146 (n) having substantial debt resulting in a deteriorating financial condition or
147 delinquency in payments;
148 (o) the School files for bankruptcy, is adjudicated bankrupt or insolvent, or is
149 so financially impaired that the School cannot continue to operate and/or is
150 no longer able to meet and satisfy its financial obligations;
151 (p) failure to have an annual audit that complies with the requirements specified
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152 by law and this Charter or to timely submit required financial reports;
153 (q) failure to meet generally accepted accounting principles;
154 (r) failure to comply with maximum class size restrictions as required by law;
155 (s) failure to maintain insurance coverage as required by this Charter;
156 (t) violation of any court order relating to matters involving the charter school;
157 (u) criminal conviction on matters regarding the charter school by either the
158 charter school's Board, its members, collectively where the board knew or
159 should have known of the conduct underlying the conviction and failed to
160 take corrective action;
161 (v) receiving a determination of financial emergency, pursuant to Section
162 218.503,F.S.;
163 (w) material violation of the School's corporate by-laws;
164 (x) illegal or improper student admissions, dismissals, transfers and/or
165 withdrawal practices as defined by state law, Sponsor's policies,and/or this
166 Charter;
167 (y) failure to comply with applicable local, state, or federal rules or regulations
168 concerning school transportation;
169 (z) failure to timely comply with all financial reporting requirements and in the
170 format specified by the Sponsor and the Department of Education;
171 (aa) violation of the prohibition against members of the Board receiving
172 compensation, directly or indirectly, from the School's operations,
173 including but not limited to grant funds;
174 (bb) failure to fulfill all the requirements for highly qualified instructional
175 personnel as defined by federal law;
176 (cc) failure to comply with the timely submission of the annual Florida
177 Department of Education (FDOE) Charter School Accountability Report;
178 (dd) failure to timely submit the School Improvement Plan (SIP) to the Sponsor,
179 if applicable and as required by law;
180 (ee) failure to allow the Sponsor reasonable access to facilities and records to
181 review data sources, including collection and recording procedures;
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182 (ff) failure to make adequate progress towards goals and performance
183 objectives applicable to the School and/or the SIP;
184 (gg) failure of secondary charter schools to comply with Sections 1003.42 and
185 1008.25, F.S. (Public School Student Progression; Student Support;
186 Reporting Requirements);
187 (hh) failure to use records and grade procedures that adequately provide the
188 information required by the Sponsor, FDOE and statute;
189 (ii) failure to provide Special Education(SPED)students and English Language
190 Learners(ELL)with programs and services in accordance with federal,state
191 and local laws;
192 6j) admitting or dismissing of students based on a student's academic
193 performance;
194 (kk) failure to obtain proof of consent to enroll, withdraw, or transfer each
195 student from the student's parent / guardian or from the student, if the
196 student is eighteen (18) years of age or older;
197 (11) failure to comply with the Florida Building Code and the Florida Fire
198 Prevention Code, including reference documents, state laws and rules, and
199 federal laws and rules, as applicable to charter schools;
200 (mm) failure to comply with all applicable laws, ordinances, and codes of federal,
201 state, and local governance Individuals with Disabilities Education Act
202 (IDEA);
203 (nn) failure to obtain all necessary licenses, permits, zoning, use approval,
204 facility certification, and other approvals required for use and continued
205 occupancy of the facility as required by the local government or other
206 governmental agencies,within the timelines specified by the Sponsor;
207 (oo) failure to maintain valid licenses, permits, use approval, facility
208 certification, and any other approval as required by the local government or
209 any other governmental bodies having jurisdiction at any time during the
210 term of this Charter;
211 (pp) violation of Florida Statute 112 Part III, Code of Ethics for Public Officers
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212 and Employees as applicable to Board members and employees;
213 (qq) violation of the Family Educational Rights and Privacy Act (FERPA) (20
214 U.S.C. §1232g; 34 CFR Part 99);
215 (rr) any material violation of assessment administration and security
216 procedures; and/or
217 (ss) failure to maintain accurate and up-to-date personnel data in the Automated
218 Charter School Employee System (ACES) required to demonstrate
219 compliance with state and federal mandates for comparability and
220 maintenance of effort.
221 2) Non-Renewal/90-day Termination
222 At least ninety (90) days prior to non-renewal or termination of the Charter, the
223 Sponsor shall notify the Board, the City Manager and principal in writing. The
224 notice shall state in reasonable detail the grounds for non-renewal or termination.
225 (a) Hearing-Within 14 calendar days after receiving the notice,the Board may
226 request an administrative hearing in front of the Florida Division of
227 Administrative Hearings (DOAH) by filing a written request with the
228 School Board Clerk pursuant to School Board Policies 0133, Quasi-
229 Judicial, and 9800, Charter Schools (Appendix C) and Section
230 120.54(5)(b),F.S. Legally sufficient requests,shall be forwarded to DOAH.
231 The DOAH hearing will be conducted pursuant to Florida Statute 1002.33,
232 and Chapter 120,F.S. Following the DOAH hearing,the administrative law
233 judge shall submit a final order to the Sponsor.
234 (b) The Sponsor may send in financial and/or instructional experts to advise
235 and assist the School in improving the conditions stated in the notice of
236 termination. Failure to cooperate, or failure to significantly improve the
237 noted conditions, shall also constitute good cause for termination.
238 (c) For purpose of notice, the charter Board is the last legitimate roster
239 submitted by the School to the Sponsor.
240 (d) The decision by the Board to request a DOAH hearing must be made in a
241 legally advertised public meeting with a quorum present. Minutes or an
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242 adopted resolution documenting the action must be submitted to the
243 Sponsor with the request for a DOAH hearing and properly posted.
244 (e) The Board shall continue to operate the School until a final order
245 terminating the charter is issued, during which time all provisions of this
246 Charter shall remain in effect.The closing date shall be negotiated between
247 the Sponsor and the School, unless otherwise provided for in a final order.
248 E) Immediate Termination
249 1) Student Health, Safety, or Welfare
250 This Charter may also be terminated immediately if the Sponsor determines that an
251 immediate and serious danger to the health,safety,or welfare of the charter school's
252 students exists. Lack of an appropriate facility in which to operate the School may
253 constitute an immediate and serious danger to the health, safety, or welfare of the
254 School's students.The Sponsor's determination is subject to the 90-day termination
255 procedures in Section D(a), (c), and (d) above except that the School must request
256 a DOAH hearing within ten (10) calendar days upon receiving the notice and the
257 hearing may take place after the charter has been terminated.
258 2) Sponsor Notification Responsibilities
259 Upon immediate termination,the Sponsor shall notify the Board, the City Manager
260 and principal in writing.
261 3) Operation of the School
262 The Sponsor shall operate the School until the issuance of a final order unless the
263 continued operation of the charter school would materially threaten the health,
264 safety, or welfare of the students.The Sponsor shall assume and continue operation
265 pursuant to law. Lack of a facility may constitute a material threat to the health,
266 safety, or welfare of the students. If the School has no facility at the time of
267 termination, the Sponsor is not obligated to operate the School.
268 4) School Access and Documentation Responsibilities
269 The School shall immediately give to the Sponsor access to the School's facilities,
270 security-system access codes and access codes for school owned/leased computers
271 in the School's facilities, all student, educational, operational, and administrative
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272 records of the School including those held by third parties, access to the School's
273 bank accounts which contain public funds, but specifically excluding funds of the
274 City of Aventura, a governmental entity, storage facilities, all records,information,
275 receipts and documentation for all expenditures of public funds, excluding City of
276 Aventura funds, including but not limited to federal grants such as Title I and
277 charter school grants, and all public property.
278 5) Removal of Funds or Property
279 The School shall not remove any funds or property purchased with either public or
280 private funds until the Sponsor has a reasonable opportunity to determine whether
281 the funds are public or private and whether the property was purchased with public
282 or private funds. After notice of the Sponsor's decision to terminate, under no
283 circumstances shall the School remove any property or funds.
284 6) Disbursement of Funds
285 The Sponsor shall only disburse school funds in order to pay the normal expenses
286 of the School as they accrue in the ordinary course of school business. The Sponsor
287 is not required to use its own funding resources to pay the School's debts.
288 7) Employees of the School
289 The School's instructional and operational employees may continue working in the
290 School during the time that the Sponsor operates the School but will not be
291 considered Sponsor employees. The Sponsor may take any appropriate personnel
292 action regarding the School's employees.
293 F) Post-Termination
294 1) School
295 The School shall be dissolved under the provisions of law under which the School
296 was organized. Student records and copies of all administrative, operational, and
297 financial records of the School shall be provided to the Sponsor on the date the
298 termination/non-renewal takes effect. The School shall also provide to the Sponsor
299 the School's security system and technology access codes.
300 2) School Furniture,Fixtures,Equipment, and Funds
301 Any property, improvements, furnishings, and equipment purchased with any
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302 unencumbered public funds (except for City of Aventura funds, capital funds and
303 federal charter school program grant funds) shall automatically revert to the
304 Sponsor(subject to any lawful liens and encumbrances).If the School's accounting
305 records fail to clearly establish whether a particular asset was purchased with public
306 funds or non-public funds, then it shall be presumed public funds were used and
307 ownership of the asset shall automatically revert to the Sponsor.Property and assets
308 purchased with public funds shall be defined as those goods purchased with grants
309 and funds provided by a governmental entity but specifically excluding funds of
310 the City of Aventura, a governmental entity. Public funds provided by the School
311 and used by a management company to purchase property and assets for the School
312 are considered public funds.
313 3) School Debt
314 The School shall be responsible for all the debts of the school. The Sponsor may
315 not assume the debt from any contracted services made between the Board of the
316 School, the Management Company, and/or third parties.
317 4) Unencumbered Funds
318 Upon the Sponsor's request,unencumbered public funds from the School excluding
319 City of Aventura funds, District school board property and any improvements,
320 furnishings, and equipment purchased with public funds, or financial or other
321 records pertaining to the School, in the possession of any person, entity, or holding
322 company other than the School, shall be held in trust upon the District school
323 board's request until any appeal status is resolved.
324 5) Expenditures
325 Upon initial notification of non-renewal, closure, or termination, the School may
326 not expend more than$10,000 per expenditure without prior written approval from
327 the Sponsor unless the expenditure was included within the annual budget
328 submitted to the Sponsor, is for reasonable attorney fees and costs during the
329 pendency of any appeal, or reasonable fees and costs to conduct an independent
330 audit.
331 6) Final Audit
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332 An independent audit shall be completed within 30 days after notice of termination,
333 closure, or non-renewal to account for all public funds and assets. During the fiscal
334 year in which termination or nonrenewal occurs, the School Board of Miami-Dade
335 County shall withhold from the School's Florida Education Finance Program
336 (FEFP)funds those monies necessary to pay for a final independent financial audit.
337 G) School Election to Terminate or Non-renew
338 If the School elects to terminate or non-renew the charter, it shall provide notice of the
339 election to the Sponsor indicating the final date of operation. All post-termination
340 provisions listed above apply.
341
342 SECTION 2: ACADEMIC ACCOUNTABILITY
343 A) Student Performance: Assessment and Evaluation
344 1) Initial Year
345 (a) Expected Outcomes: The educational goals and performance objectives
346 for improving student achievement will include how much academic
347 improvement students are expected to show each year,how student progress
348 and performance will be evaluated and the specific results to be attained, as
349 described in the approved Application.
350 (b) Methods of Measurement: The methods used to identify the educational
351 strengths and needs of students and the educational goals and performance
352 standards are those specified in the School's approved Application.
353 (c) Assessments
354 i) State-Required: Students shall participate in all state assessment
355 programs. The School shall facilitate required alternate assessments
356 and comply with state reporting procedures.
357 ii) Additional: Students shall participate in all District selected
358 assessment programs in which the District's students in comparable
359 grades/schools participate and any other assessments as described in
360 the approved Application. The School will select and implement its
361 own progress monitoring tool and assessment.
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362 iii) Support: All School personnel involved with any aspect of the
363 testing process must have knowledge of and abide by state and
364 Sponsor policies, procedures, and standards regarding test
365 administration, test security, test audits, reporting of test results and
366 shall cooperate with any investigations involving the School. The
367 School shall comply with the applicable employee screening process
368 as described in this Charter regarding all individuals who will serve
369 as test administrators,proctors,and other support personnel required
370 for accountability testing. The Sponsor shall provide to applicable
371 school staff all services/support activities that are routinely provided
372 to the Sponsor's staff regarding implementation of District and
373 state-required assessment activities, e.g., procedures for test
374 administration, staff training, dissemination and collection of
375 materials, monitoring, scoring, analysis, and summary reporting.
376 The designated School Assessment Coordinator from the School is
377 required to attend all training sessions and informational meetings
378 required by the Sponsor. The School shall immediately notify the
379 Sponsor upon any change in the designated School Assessment
380 Coordinator.
381 iv) Technological & Infrastructure: The School shall provide
382 adequate technological infrastructure to support all required online
383 test administration and shall timely comply with all state and District
384 operational readiness evaluations. Failure to comply may result in
385 costs assessed by the Sponsor to the School for the scheduling of
386 subsequent evaluations and readiness testing.
387 2) Annual Goals and Performance Objectives
388 (a) School Improvement Plan: First year charter schools, and other charter
389 schools as required by law, shall develop and submit a SIP to the Sponsor
390 within the timelines specified by the Sponsor and the FLDOE.
391 i) Minimum Components of SIP
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392 1) The School will provide the Sponsor a SIP that is based on
393 the goals and objectives required by federal and state law and
394 complies with the guidelines provided by the Sponsor by the
395 date due established by the State and/or Sponsor. The SIP
396 shall contain the School's measurable objectives for the
397 subsequent school year.
398 2) The School agrees to the baseline standard of achievement,
399 the outcomes to be achieved, and the methods of
400 measurement that have been mutually agreed upon in the
401 SIP.
402 ii) Deadline for Governing Board Approval: The Board shall review
403 and approve the SIP prior to its final submission. Minutes
404 documenting SIP approval must be taken and posted.
405 iii) Monitoring: The EESAC and the School Advisory Board shall
406 develop and monitor the implementation of the SIP. Schools graded
407 a"D" or"F"in any two consecutive or two of any three years under
408 the State's school grading system shall implement a corrective
409 action plan pursuant to Section 1002.33, F.S.
410 (b) Annual Objectives: Schools that are not required to complete a SIP, shall
411 provide proposed academic achievement goals and annual objectives as
412 follows:
413 i) By October 15, the School shall provide to the Sponsor its proposed
414 academic achievement goals for the current year. The academic
415 achievement goals shall include, at a minimum, growth and
416 proficiency on state assessments and may include performance on
417 additional assessments included in the approved charter school
418 Application. If in any year of the Charter, the School will not serve
419 students in grades that participate in the statewide assessments, the
420 academic achievement goals shall be based on the assessments
421 included in the approved Application and at least one assessment
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422 administered for such grades in traditional public schools in the
423 District.
424 ii) The Sponsor shall review the proposed academic achievement goals
425 within 30 days of receipt. If the Sponsor does not accept the
426 academic achievement goals, it shall provide the School a written
427 explanation. If the School and Sponsor cannot agree on academic
428 achievement goals, either party may request conflict resolution in
429 accordance with this Charter.
430 (c) Assessments: Students shall participate in assessment programs as
431 described in the approved Application.
432 i) State-required: Students at the School shall participate in all state
433 assessment programs. The School shall facilitate required alternate
434 assessments and comply with state reporting procedures.
435 ii) Reporting: If the School offers advanced academic programs
436 (International Baccalaureate, Cambridge, Advanced Placement,
437 and/or Advanced International Certificate of Education Program),
438 the School shall provide to the Sponsor official examination results
439 within the timeframe and in the format determined by the Sponsor
440 and required by law.
441 iii) Additional: Students shall participate in all District assessment
442 programs in which the Sponsor's students in comparable
443 grades/schools participate and any other assessments as described in
444 the approved Application.
445 1) The School shall be responsible for all costs associated with
446 assessments not mandated by the state or covered by federal
447 funding, such as Title I and IDEA.
448 2) If an Individual Education Plan (IEP) for a student with
449 disabilities, or a 504 Plan for a student who participates in
450 programs for the gifted, indicates accommodations or an
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451 alternate assessment for participation in a State assessment,
452 the School will facilitate the accommodations or alternate
453 assessment and comply with State reporting procedures.
454 iv) Support: All School personnel involved with any aspect of the
455 testing process must have knowledge of and abide by state and
456 Sponsor policies, procedures, and standards regarding test
457 administration,test security,test audits,reporting of test results,and
458 shall cooperate with any investigation involving the School. The
459 School shall comply with the applicable employee screening process
460 as described in this Charter regarding all individuals who will serve
461 as test administrators,proctors, and other support personnel required
462 for accountability testing. The Sponsor shall provide to applicable
463 school staff all services/support activities that are routinely provided
464 to the Sponsor's staff regarding implementation of District and
465 state-required assessment activities, e.g., procedures for test
466 administration, staff training, dissemination and collection of
467 materials, monitoring, scoring, analysis, and summary reporting.
468 The designated School Assessment Coordinator from the School is
469 required to attend all training sessions and informational meetings
470 required by the Sponsor. The School shall immediately notify the
471 Sponsor upon any change in the designated School Assessment
472 Coordinator.
473 3) Termination Based on School Grade or Rating
474 The Charter shall be terminated if the School receives a state-designated grade of
475 "P or a rating of declining in(1)any two consecutive years, or(2)two of any three
476 years and fails to choose and implement one of the corrective actions in Section
477 1002.33(9)(n)2. The Charter may be non-renewed or terminated if the School fails
478 to make adequate academic progress in accordance with state and federal laws.This
479 provision does not preclude the Sponsor from terminating the Charter for failure to
480 meet academic standards within the first or any subsequent school year. In addition
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481 to evaluating the School's success in achieving the objectives stated in the SIP
482 and/or the School's goals and performance objectives, the School shall meet the
483 state's student performance requirements in accordance with State Board of
484 Education Rule 6A-1.09981, Implementation of Florida's System of School
485 Improvement and Accountability, and Sections 1001.02, 1008.33, and 1008.345,
486 F.S. This accountability criterion shall be based upon the assessment systems of the
487 School, the Sponsor, and the State.
488 4) Records and Grades Procedures
489 The School shall use records and grade procedures that adequately provide the
490 information required by the Sponsor. The School may use an alternative grading
491 and recording system, but the system must comply with the State's reporting
492 guidelines and be approved by the Sponsor. The School will use the Sponsor's
493 electronic grade book system.If the School chooses to use an application other than
494 the system in use by the Sponsor, it will be responsible for data entry directly into
495 the District's student information system for daily attendance and all quarterly
496 academic, effort, and conduct grades. Schools that use an alternative grade book
497 system will not be able to upload grade or attendance data to the Information
498 Technology Services (ITS) department. Schools not uploading will be required to
499 have a documented procedure in place for communicating attendance and grades to
500 the data entry clerk, prior to the opening of schools. Schools that opt to use an
501 alternative grade book system will be required to provide some form of prior year
502 electronic audit trail. ITS support will not be provided for schools that do not use
503 the District's electronic gradebook system. The School shall follow the Sponsor's
504 Elementary School Academic Programs Course Codes and/or Miami-Dade County
505 Public Schools Authorized Courses for Secondary Schools, as appropriate. If
506 required pursuant to Section 1006.40(2) F.S., the School shall provide each student
507 with a current state adopted textbook or other current instructional materials in each
508 core course,including but not limited to,mathematics,language arts,science,social
509 studies,reading, and literature. These materials must be provided within the first 2
510 years of the effective date of the State's textbook adoption cycle.
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511 5) Textbook Inventory
512 (a) The School will maintain, and have available for review, a current textbook
513 or digital textbook inventory for core courses which shall include title, date
514 of adoption cycle, and number of texts and or licenses available and in use.
515 (b) The School shall provide adequate technological infrastructure to support
516 and deliver all digital instructional materials.
517 B) Student Promotion
518 1) Student Progression Plan
519 The School will adopt the Sponsor's Student Progression Plan (SPP) which is
520 attached as Appendix D. The School shall implement the SPP in effect for the
521 current operational year. The Sponsor may consider but is not obligated to approve
522 any exemptions from the SPP requested by the School. Failure to agree on
523 exemptions shall not be considered a Charter dispute. The School may not
524 implement any exemptions that are not approved by the Sponsor. If the Sponsor
525 amends the SPP,the School shall agree to the amendments within ten(10)business
526 days of being provided notice of amendments by the Sponsor or shall develop and
527 adopt another SPP approved by the Sponsor. Failure to comply with this provision
528 may result in withholding of Full-Time Equivalent (FTE) until compliance and
529 constitutes good cause for termination.
530 2) Graduation Requirements
531 The School shall establish a method for determining that a student has satisfied the
532 requirements for graduation in Sections 1003.42 and 1008.25, F.S., and shall
533 inform the Sponsor of this method and/or any changes to a previously adopted
534 method at least one month prior to the beginning of the school year.
535 3) Accreditation
536 Secondary schools shall notify the parents and students of the School's
537 accreditation status and the implications of non-accreditation in a) the School's
538 student enrollment form; b) the Parent/Student handbook; and c) any
539 Parent/Student contract. The notification must also be prominently displayed at all
540 times on the School's website.
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541 4) Other Assessment Tools
542 The School shall use all other assessment tools as stated in the approved
543 Application and identified in the annual SIP, if required, or the School's goals and
544 performance objectives.
545 C) Data Access and Use
546 1) Access to Facilities,Records, and Data
547 The School shall allow the Sponsor reasonable access to its facilities and records to
548 review data sources, including collection and recording procedures, in order to
549 assist the Sponsor in making a valid determination about the degree to which
550 student performance requirements have been met as stated in the Charter and as
551 required by Sections 1008.31 and 1008.345, F.S. Furthermore, the School shall
552 allow the Sponsor to collect data through other means such as surveys to conduct
553 required research and/or evaluations. The Sponsor shall not impose additional
554 reporting requirements on the school without providing reasonable and specific
555 justification in writing to the school and the school shall provide required
556 responses/data within the timelines that allow the Sponsor to meet required
557 deadlines.
558 2) Sponsor Use of Required Assessment Data
559 The Sponsor shall use results from the state and district required assessment
560 programs referenced in this Charter,the data elements included in the annual report,
561 and any other information acquired by the Sponsor to provide the State Board of
562 Education and the Commissioner of Education the analysis and comparison of the
563 schools' student performance.
564 3) Acceptable Use Policy
565 The School shall adopt student and employee computer and privacy policies and
566 standards that comply with all applicable state and federal laws. All charter school
567 employees and students are bound by all of the Sponsor's computer policies and
568 standards regarding data privacy and system security. The School shall not access,
569 directly or through a third party, any of the Sponsor's student information unless
570 and until the student actually enrolls in the School. Violation of this provision
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571 constitutes good cause for termination.
572 D) Advanced Academics
573 1) Dual Enrollment
574 Pursuant to Section 1007.271, F.S., the School may provide dual enrollment
575 opportunities to any student meeting the eligibility requirements and expressing the
576 desire to enroll.
577 (a) Articulation Agreements: If the School chooses to provide a Dual
578 Enrollment program it shall develop and implement all Dual Enrollment
579 Articulation Agreements between the School and postsecondary institutions
580 as required by law. The School shall also develop and implement a plan to
581 inform all secondary students and their parents of dual enrollment
582 opportunities as an educational option and mechanism for acceleration and
583 shall ensure that dual enrollment courses taught on the high school campus
584 will not be combined with any high school course. This agreement shall
585 include the method of payment between the School and the postsecondary
586 institution and shall be submitted annually to the Department of Education
587 and the Sponsor by August 1.
588 (b) Eligible Institutions: Pursuant to Section 1011.62(1), an independent non-
589 profit college or university that is accredited by a regional or national
590 accrediting agency recognized by the United States Department of
591 Education,which confers degrees as defined in Section 1005.02, F.S., shall
592 be eligible to offer authorized dual enrollment programs.
593 (c) Funding: Eligible students enrolled in a dual enrollment or early admission
594 program through Florida College System institutions or other state
595 universities are exempt from the payment of tuition and fees, pursuant to
596 Section 1009.25, F.S. The fee exemption includes application, tuition,
597 laboratory fees, and textbook fees for courses taken through dual
598 enrollment. The School is responsible for paying all tuition and fees to the
599 postsecondary institution for dual enrollment courses. The School is also
600 responsible for paying for all dual enrollment textbooks.
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601 2) Preliminary Scholastic Aptitude Test(PSAT)
602 (a) Pursuant to Section 1007.35,F.S., each public high school shall provide for
603 the administration of the PSAT/National Merit Scholarship Qualifying Test
604 (NMSQT) in the tenth grade.
605 (b) The School is responsible for the application and receipt of the College
606 Entrance Examination Board(CEEB)number from the Educational Testing
607 System (ETS) and shall timely submit confirmation of that number to the
608 Sponsor.
609 3) Advanced Placement Examinations
610 (a) Pursuant to Section 1003.4295, F.S., each high school shall offer an
611 International Baccalaureate (IB) Program, an Advanced International
612 Certificate of Education (AICE), or a combination of at least four courses
613 in dual enrollment or Advanced Placement(AP), including one course each
614 in English, mathematics, science, and social studies.
615 (b) The School shall not charge any fees for participation in AP/IB/AICE
616 courses or examinations for any AP/IB/AICE courses in which students are
617 enrolled.
618 (c) The School shall provide all AP/OB/AICE teachers with training and
619 professional development opportunities as required by the AP/IB/AICE
620 syllabus.
621
622 SECTION 3: STUDENTS
623 A) Eligible Students
624 The School shall be open to any student residing in Miami-Dade County and to students in
625 other districts. Admission or dismissal must not be based on a student's academic
626 performance. Enrollment preference will be given to the children of Aventura residents in
627 accordance with Section 1002.33(10)(d),F.S.
628 B) Grades Served
629 9-12
630 The School shall be non-sectarian in its programs, admissions policies, employment
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631 practices and operations. The School will meet all applicable state and local health, safety,
632 and civil rights requirements.
633 C) Class Size
634 The School shall comply with class size restrictions as required by law.
635 D) Annual Projected Enrollment
636 The School may give enrollment preference to those student populations identified in
637 Section 1002.33(10)(d), and may otherwise limit enrollment to target those student
638 populations identified in Section 1002.33(10)(e)and identified in the approved application.
639 1) Student Enrollment—
640 Following is the student enrollment breakdown by year:
641 (a) Year 1: — Grades 9 to 10 -up to 400 students
642 (b) Year 2: — Grades 9 to 11 -up to 600 students
643 (c) Year 3 to 15: —Grades 9 to 12 -up to 800 students
644 2) High-Performing Charter Schools
645 A high performing charter school must have documentation from the
646 Commissioner of Education designating the School as high-performing pursuant to
647 Section 1002.331, F.S. A high performing charter school shall notify the Sponsor
648 in writing by March 1 of the preceding year if it intends to increase enrollment
649 beyond the enrollment stated in this charter and/or to expand grade levels the
650 following year. The School shall not, however, enroll students beyond the facility
651 capacity. The written notice shall specify the amount of the enrollment increase,
652 the grade levels that will be added, and evidence of the official facility capacity. To
653 increase enrollment and add grade levels, this Charter must be amended through
654 the Sponsor's current charter amendment process for these types of amendments in
655 School Board Policy 9800, Charter Schools (Appendix Q. Failure to provide
656 timely notice to the Sponsor or to comply with the amendment process shall
657 preclude the School from increasing enrollment or expanding grade levels.
658 3) Minimum Enrollment Requirements
659 The School's minimum enrollment for the first year of operation is 200. The parties
660 agree that this is the minimum enrollment that will support the School's operations.
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661 Failure to achieve the minimum enrollment by the October FTE reporting period
662 for the first year of operation constitutes good cause for termination or non-renewal
663 unless the School provides the Sponsor a revised and balanced budget and a cash
664 flow statement that are realistic and reasonable within 15 calendar days of the
665 October FTE reporting period. A budget to support this minimum enrollment is
666 provided in the Budget for Initial Year of Operation Based on Minimum Enrollment
667 (Appendix E).
668 4) Deferred Opening and Student Enrollment
669 In the event the School defers its opening, in the student enrollment breakdown
670 referenced in paragraph 1 of this section, the year(s) deferred shall be incorporated
671 into the approved term of this Charter and will be reflected as non-
672 operational/planning years.
673 5) Required Instructional Minutes
674 Instructional minutes shall be a minimum of 300 minutes per day. The hourly
675 equivalent for Kindergarten through grade 3 is 720 instructional hours and 900
676 instructional hours for students in grades 4 through grade 12. Schools operating on
677 a double-session calendar must be approved by the FDOE. Survey periods for Year-
678 Round School Programs shall be the same as for the regular fiscal year.Year-round
679 schools shall report the first 90 days of their regular 180-day school year in Survey
680 2 and the second 90 days of their regular 180-day school year in Survey 3,
681 regardless of when the tracks are in session.
682 6) Enrollment Capacity
683 The School's enrollment capacity is contingent on the student capacity as stated in
684 the Charter, valid Certificate of Occupancy (CO), Certificate of Use (CU), and/or
685 Fire Permit for the School facility issued by the local governmental agency in
686 whose jurisdiction the facility is located.Monthly FTE payments shall be withheld,
687 without interest, for students in excess of the School's enrollment capacity, as
688 defined by the Charter,valid CO,CU,and/or Fire Permit until the violation is cured.
689 7) Annual Enrollment
690 (a) Annual Enrollment Capacity:No later than March 1 of each year,the school
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691 shall provide the Sponsor the proposed enrollment capacity for the
692 subsequent school year. The enrollment capacity shall be annually
693 determined by the Board in conjunction with the Sponsor based on factors
694 set forth in state law.
695 (b) Preliminary Enrollment Projections:No later than November 1 of each year,
696 the School shall provide to the Sponsor the School's preliminary projected
697 enrollment for the following school year.The projected enrollment shall not
698 constitute a cap on the School's enrollment for the following school year.
699 (c) Final Enrollment Projection:No later than July 15th of each year,the School
700 shall provide the Sponsor the School's final enrollment projection for the
701 upcoming school year. Final enrollment is not annual capacity, but the
702 school projection for how many students will be enrolled when the school
703 year begins. The School shall not project enrollment or enroll students in
704 excess of the physical capacity of the building, unless the School operates
705 multiple sessions, in which case the physical capacity of the School shall
706 not be exceeded during any session.
707 (d) Disagreements between the Sponsor and the School relating to enrollment
708 capacity will be resolved using the dispute resolution provisions in this
709 Charter.
710 (e) The Board of a high performing charter school shall notify the sponsor
711 through the contract amendment process, of any proposed increase in
712 student enrollment by March 1 of the school year preceding the increase.
713 The enrollment capacity of a School that is designated as High-Performing
714 pursuant to Section 1002.331, F.S., shall be determined by the Board and
715 shall be within the constraints of the physical capacity referenced in the
716 Certificate of Occupancy of the building.
717 E) Admissions and Enrollment Plan
718 The School shall implement the enrollment policies and procedures and lottery process, as
719 described in the approved Application. As permitted under Section 1002.33(10)(d), the
720 school shall give enrollment preference to the children of the residents of the City of
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721 Aventura who are seeking enrollment,to a sibling of a student enrolled in the School, or to
722 the child of a teacher of the School. The School shall enroll an eligible student who submits
723 a timely application,unless the number of applications exceeds the capacity of a program,
724 class, grade level, or building. All applicants shall be given an equal chance of being
725 admitted through a random selection process. The School shall strive to achieve a
726 racial/ethnic balance reflective of the community it serves. If there are more Aventura
727 resident applicants, than seats, then there will be a random selection process in accordance
728 with Section 1002.33(10)(b), F.S. After all Aventura applicants have been offered seats,
729 non-Aventura applicants will be selected through a random selection process in accordance
730 with Section 1002.33(10)(b),F.S. Failure to comply with these provisions constitutes good
731 cause to terminate this Charter.
732 1) Recruitment
733 The School will recruit throughout all segments of the community. This may
734 include direct mailings, public advertisement utilizing the local and community
735 press and informational meetings at a variety of locations using both English and
736 other languages where appropriate.
737 2) Enrollment Consent
738 To enroll a student, the School must obtain proof of consent from the student's
739 parent or guardian, or from the student if the student is eighteen (18) years of age
740 or older. A charter school may not transfer an enrolled student to another charter
741 school having a separate Master School Identification(MSID)Number without first
742 obtaining the specific written approval of the student's parents/guardians before
743 each transfer. The School must maintain appropriate enrollment and student
744 application documentation. General consent for student transfer is prohibited(e.g.,
745 consent included in a parent contract). Violation of this provision constitutes good
746 cause to terminate this Charter.
747 3) Enrollment Lottery and Wait List Documentation
748 The School shall maintain documentation of each enrollment lottery conducted, as
749 well as any student wait lists that are generated for a period of three (3) years, or
750 until applicable audits are completed and make them available to the Sponsor upon
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751 request. Lottery documentation shall be sufficient to allow the Sponsor to verify
752 that the random selection process was fair, equitable, and in compliance with
753 applicable state statutes. At a minimum, the following documentation shall be
754 maintained and available to the Sponsor upon request at all times:
755 (a) official current policies, processes, and timelines related to the enrollment
756 lottery and wait list and documentation showing that the Board adopted
757 them at a regular public meeting;
758 (b) copies of student enrollment applications, any marketing materials, and all
759 other enrollment materials;
760 (c) evidence of compliance with all policies,processes, and timelines approved
761 by the Board, and related to the application,lottery and wait list notification;
762 (d) evidence that the lottery process was posted on the school's website and
763 clearly communicated to the public at large;
764 (e) evidence that outreach materials have been communicated in multiple
765 languages; and,
766 (f) copies of any wait lists,documents showing how the list was developed and
767 any other evidence that complies with the approved policies,processes, and
768 timelines.
769 4) Student Information
770 The School may not request prior to enrollment, through the application or
771 otherwise, information regarding the student's academic history, record of
772 standardized testing performance, juvenile or disciplinary history or status, a
773 student's Individual Education Plan(IEP), Education Plan (EP), Section 504 Plan,
774 Limited English Proficiency Plan(LEPP)or other information regarding a student's
775 special needs.
776 5) Articulation Agreement
777 As required by state law, articulation agreements must be approved by the Sponsor
778 prior to implementation. The Office of Charter School Compliance and Support is
779 authorized to approve articulation agreements that:
780 (a) identify the sending school and receiving school;
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781 (b) are approved by resolution of the Board of the participating schools at a
782 regular public meeting prior to presentation to the Sponsor;
783 (c) implement standard vertical matriculation patterns (e.g. elementary to
784 middle school, middle school to high school, K-8 to high school); and
785 (d) do not negatively impact a student's opportunities to exercise school choice.
786 F) Maintenance of Student Records
787 1) Student Records
788 The School shall maintain both active and archival records for current/former
789 students in accordance with Sections 1003.25 and 1002.22, F.S., State Board of
790 Education Rule 6A-1.0955, and the State of Florida General Records Schedule GS7
791 for Public Schools Pre-K-12 and Adult and Career Education GS7.
792 2) Transfer of Student Cumulative Records
793 All permanent cumulative records (both Category A, Permanent Information, and
794 Category B, Temporary Information) of students leaving the School, whether by
795 transfer to a traditional public school within the school system or withdrawal to
796 attend another charter school, shall be transferred upon receipt of an official request
797 from a receiving Miami-Dade County public school or a Sponsor's charter school.
798 The School may retain copies of the departing student's academic records created
799 during the student's attendance at the School.
800 3) Transfer of Student Cumulative Records Upon Student Enrollment
801 Termination
802 Upon termination of a student's enrollment at the School, all permanent cumulative
803 records (both Category A, Permanent Information, and Category B, Temporary
804 Information) of students leaving the School, but not transferring to a Sponsor's
805 public school or charter school, shall be hand-delivered to the Sponsor's
806 Department of Records and Forms Management. Proof of delivery shall be
807 provided to the Sponsor within five(5)business days. The School may retain copies
808 of the departing student's academic grades and attendance during the student's
809 enrollment at the School.
810 4) Transmittal of Educational Records
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811 The School shall transmit to the Sponsor's Department of Records and Forms
812 Management, a listing of the types of Category A and B educational records
813 pursuant to State Board of Education Rule 6A-1.0955 and the procedures from the
814 Division of Student Services as stipulated in the Student Educational Records
815 manual. This report shall be transmitted each year prior to July 1.
816 G) Exceptional Student Education
817 1) Non-Discrimination
818 The School shall not discriminate against students with disabilities in placement,
819 assessment, identification, or admission. The School shall not request a student's
820 IEP,EP, Section 504 Plan, or other information regarding a student's special needs
821 during the application and lottery process, nor shall the School access such
822 information during the application and lottery process. However, prior to a
823 student's registration in the School,the School and the Sponsor's Office of Special
824 Education shall j ointly review the IEPs,EPs, and Section 504 Plans of students who
825 have applied and been accepted to determine whether the services can be
826 implemented at the School or whether the student must attend another school that
827 has the resources to implement the services. If a student's IEP, EP, or Section 504
828 Plan can be implemented at the School, the student shall not be required to attend
829 another school. Schools that serve exclusively students with disabilities may
830 request the IEP, EP, or Section 504 Plan as part of the application and lottery
831 process to determine whether the services are compatible with the School's
832 programmatic model.
833 2) Sponsor Responsibilities
834 (a) The Sponsor's Office of Special Education shall participate in a j oint review
835 of IEPs, EPs, or Section 504 Plans of students who have been accepted to
836 determine whether the services can be implemented at the School or
837 whether the student must attend another school that has the resources to
838 implement the services. If a student's IEP, EP, or Section 504 Plan can be
839 implemented at the School, the student shall not be required to attend
840 another school.
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841 (b) The Sponsor shall conduct initial evaluations of students referred for
842 potential Special Education, Gifted and Section 504 eligibility, and for the
843 re-evaluation of Exceptional Student Education (ESE) students, in
844 accordance with federal and state mandates. All requirements for Response
845 to Intervention must be followed by the School with fidelity prior to and
846 during the evaluation process.The School and/or parents may obtain private
847 evaluations of students at their expense. These evaluations must be
848 considered in determining eligibility but will not necessarily substitute for
849 an evaluation conducted by the Sponsor's personnel in a manner and
850 timeframe consistent with that of all of the other Sponsor's schools. The
851 Sponsor will monitor the School for ESE compliance with applicable
852 federal, state, and local policies and procedures as outlined in the
853 Exceptional Student Education Policies and Procedures (SP&P) (Appendix
854 F).
855 (c) A representative of the Sponsor shall participate in all initial IEP, EP, and
856 Section 504 Plan meetings and shall serve as the Local Educational Agency
857 (LEA) Representative when present at an IEP, EP, or Section 504 meeting.
858 However, the administrator or designee in charge at the School will serve
859 as the LEA Representative at all other annual and interim IEP, EP, and
860 Section 504 meetings,which the School shall conduct.
861 (d) The Sponsor will monitor the School for ESE compliance.Non-compliance
862 with federal, state, and local policies and procedures may result in
863 withholding FTE funding until compliance is achieved and/or the
864 termination of the Charter.
865 3) School Responsibilities
866 (a) The School shall participate in a joint review of IEPs, EPs, or Section 504
867 Plans of students who have been accepted to determine whether the services
868 can be implemented at the School or whether the student must attend
869 another school that has the resources to implement the IEP. If a student's
870 IEP,EP,or Section 504 Plans can be implemented at the School,the student
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871 shall not be required to attend another school.
872 (b) The School shall fully implement the IEPs,EPs,Functional Assessments of
873 Behavior/Behavior Intervention Plans and Section 504 Plans of enrolled
874 students, including delivery of supplementary aids and services and related
875 services, unless the IEP, EP, or Section 504 team determines that the
876 student's needs cannot be met at the School and placement at another school
877 within the Sponsor's district constitutes the least restrictive environment on
878 the continuum of alternative placements. The School must follow all
879 disciplinary procedures and policies relevant to students with disabilities,
880 including implementation of FABS/BIPs and manifestation determinations.
881 In no instances should a student's IEP, EP, or Section 504 services or
882 placements be changed solely for the purpose of accommodating the
883 School's placement options. Such changes may result in withholding FTE
884 funding until compliance is achieved and/or the termination of the Charter.
885 (c) The School shall deliver all educational, related services and equipment
886 indicated on the student's IEP, EP, or Section 504 Plan. The School shall
887 also provide related services and equipment, e.g., speech/language therapy,
888 occupational therapy, physical therapy, nursing, counseling, assessment
889 instruments, assistive technology devices, transportation and therapeutic
890 equipment.
891 (d) The School shall conduct the evaluations of the School's students referred
892 for physical therapy (PT) and occupational therapy (OT), speech and
893 language (SL), nursing, assistive technology (AT) and functional
894 assessment of behavior (FAB) services with personnel qualified in
895 accordance with State of Florida regulations and in accordance with
896 Response to Intervention requirements. If the student is determined eligible
897 for these services and the initial IEP or Section 504 Plan is written, the
898 School shall be responsible for providing required services to the student.
899 The School shall ensure that the person(s) conducting evaluation(s) attend
900 an IEP meeting to review the evaluations when eligibility for services is
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901 determined. All evaluations must include a review of the student's
902 educational records, including but not limited to IEP or Section 504 Plan,
903 identification and development of goals to be supported by PT, OT, SL
904 behavioral intervention and/or assistive technology, and/or nursing; a
905 treatment plan for the student; and reference to supporting medical
906 documentation if applicable. The School shall ensure that all service
907 providers review and implement the student's IEP. The School shall ensure
908 that all service providers contribute to the student's annual and interim IEP
909 meetings either in writing, by telephone, or in person. Service providers
910 must also contribute to status reports and updates on the student's IEP goals
911 and benchmarks related to their areas of treatment. The School shall require
912 all service providers to the student to attend orientation and in-service
913 training on delivery of school-based services and how to support
914 educationally-relevant IEP goals. The Sponsor shall provide that the
915 orientation and in-service training. The Sponsor may conduct periodic
916 reviews of the paperwork prepared by the service providers providing
917 services to such students.
918 (e) The School shall immediately notify the Sponsor if a parent requests an
919 Independent Educational Evaluation(IEE)at public expense and work with
920 the Sponsor to determine whether the IEE will be granted or a due process
921 action will be filed to defend the School's/Sponsor's evaluation.
922 (f) The School shall comply with the requirements of the IDEA, Section 504,
923 and regulations as they relate to the student's IEP/Section 504 Plan, and the
924 School shall ensure that the appropriate highly-qualified instructional
925 personnel of the School that are required members of the IEP committee
926 attend all IEP meetings.
927 (g) Exceptional Students shall be educated in the least-restrictive environment.
928 Students whose needs cannot be appropriately addressed at the School as
929 determined by an IEP, EP, or Section 504 team meeting held after
930 enrollment,will be appropriately referred to the student's home school.The
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931 School shall contact the Sponsor's Office of Special Education to notify
932 staff that the student has been referred to their home school.
933 (h) The School shall make its personnel aware of professional development
934 opportunities offered by the Sponsor's Division of Exceptional Student
935 Education and Psychological Services departments. In addition, the School
936 shall require all personnel assigned to implement IEPs, EPs, and Section
937 504 Plans to participate in meetings and/or trainings required by the
938 Sponsor's Division of Exceptional Student Education and Psychological
939 Services departments.
940 4) Services Covered by the Administrative Fee
941 The Sponsor shall provide exceptional student education administration services to
942 the School, pursuant to Section 1002.33, F.S.
943 5) Due Process Hearing
944 (a) A student, parent, or guardian who indicates at an IEP, EP or 504 meeting
945 that they wish to file for a due process hearing pursuant to state law and
946 rules shall be given the appropriate forms by the LEA attending the IEP
947 meeting. These forms shall also be provided upon request at any other time.
948 Parents must file due process hearing requests with the School Board Clerk
949 pursuant to School Board Policy 0133, Quasi-Judicial Functions, and the
950 procedural safeguards posted on the Sponsor's Exceptional Student
951 Education website. The Sponsor's legal counsel will ensure that the due
952 process hearing request is filed with the Florida Division of Administrative
953 Hearings ("DOAH") and will notify the School's legal counsel.
954 (b) The Sponsor will review the due process complaint and hold an initial
955 meeting to analyze the merits of the complaint. The School must select its
956 own legal counsel and participate in the initial meeting with the Sponsor.
957 (c) The Sponsor's legal counsel will represent the Sponsor on all claims related
958 to initial evaluations and re-evaluations referenced in Section 2(b) above.
959 The School's legal counsel shall represent the School on claims related to
960 all other evaluations. The Sponsor's legal counsel will represent the
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961 Sponsor in all cases where a District employee fulfills the role of the LEA
962 at the staffing/IEP meeting. The School's legal counsel will represent the
963 School on all claims related to implementation of Response to Intervention
964 ("Rtr'),IEPs, 504 Plans,EPs,and where a School employee fulfills the role
965 of the LEA at the staffing/IEP meeting. The Sponsor's legal counsel will
966 seek a dismissal of the Sponsor with regard to claims over which the
967 Sponsor had no role (e.g., implementation claims). However, if the
968 dismissal is denied, the Sponsor's counsel will continue to provide
969 recommendations and work with the School's counsel as co-counsel on the
970 pending case. The School shall pay all costs and court-ordered relief
971 associated with cases handled by the School's legal counsel and cases
972 involving allegations of a failure to implement the IEP and related services.
973 In the event that the student/parent prevails, either through a settlement or
974 hearing, the School shall pay any and all attorneys' fees, reimbursements,
975 compensatory education and any other costs incurred, agreed upon or
976 awarded for cases where the Sponsor had no role (e.g., IEP implementation
977 claims, evaluation claims for speech/language, occupational therapy,
978 functional assessments of behavior evaluations, etc.) as outlined above.
979 (d) The School must designate an administrator and relevant members of the
980 IEP team to attend a resolution or mediation session conducted by the
981 Sponsor's due process team. The School's legal counsel and the Sponsor's
982 legal counsel may participate in the resolution session only if the parent is
983 represented by an attorney.If the Sponsor and the School elect to participate
984 in mediation in lieu of a resolution session, the Sponsor's due process team
985 will invite the legal counsels of the Sponsor and the School.
986 (e) Following the resolution session/mediation, the School shall review the
987 recommendations of the Sponsor's due process team with their legal
988 counsel and communicate in writing the School's position on
989 resolution/settlement to the Sponsor's due process team. If the School opts
990 not to follow the recommendations of the Sponsor's due process team, the
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991 School will incur all costs associated with subsequent court orders as set
992 forth in Section 5(c).
993 (f) If the matter is resolved by a written agreement,the Sponsor's legal counsel
994 will file the appropriate motions for dismissal and closure of the case.
995 (g) If the matter is not resolved,the legal counsel of the Sponsor and the School
996 shall ensure that representation in the due process hearing proceeds in
997 accordance with Section(5)(c) above and the procedural safeguards posted
998 on the Sponsor's Exceptional Student Education website. The School shall
999 ensure that all pertinent staff participate in the due process resolution and
1000 hearing phases.
1001 (h) In addition to any costs for substantive relief granted, as set forth in Section
1002 (5)(c) and (e) above, the School shall bear the School's portion of
1003 administrative costs, as, associated with the due process case,including but
1004 not limited to, legal representation, discovery, court reporter, and
1005 interpreter. Depending on the nature of the claims, the School's and the
1006 Sponsor's counsels shall estimate the proportionate share of costs at the
1007 outset of the case.The Sponsor may deduct any amount owed to the Sponsor
1008 from FTE payments.
1009 6) Reimbursement for Services
1010 Under the Medicaid Certified School Match Program, the School may be eligible
1011 to seek reimbursement for certain services provided to Medicaid-eligible students
1012 who qualify for services under the IDEA, Part B or C. In order to seek
1013 reimbursements, the School shall follow the procedures established for Medicaid-
1014 reimbursable services to eligible students at the School as outlined in Florida
1015 Medicaid Certified School Match Program (Appendix G), attached and
1016 incorporated into this Charter by reference.
1017 H) Withdrawal Policies and Procedures
1018 1) Involuntary Student Withdrawal
1019 The School may not persuade a parent to withdraw their child in lieu of disciplinary
1020 action or involuntarily withdraw, dismiss, or transfer a student, unless the
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1021 withdrawal or transfer is accomplished through the Sponsor's transfer policies.
1022 Students already enrolled at the School must be provided with the option to remain
1023 enrolled at the School for the following school year.
1024 2) Voluntary Student Withdrawal
1025 A student may voluntarily withdraw from the School at any time and enroll in
1026 another public school.
1027 I) Discipline
1028 1) Code of Student Conduct(COSC)
1029 The School will adopt and follow the Sponsor's Code of Student Conduct
1030 ("COSC"), attached as Appendix H. If the School adopts the Sponsor's COSC, it
1031 will be required to submit documentation of all disciplinary actions into the
1032 District's student information system,using the Student Case Management System,
1033 within two school days of the disciplinary action. Any deviations from the
1034 Sponsor's COSC and any alternative COSC, or additional disciplinary policies,
1035 must be approved by the Sponsor prior to implementation. The School's policies
1036 for discipline, suspension, and recommendation for expulsion are described in the
1037 approved Application and in the School's Parental Contract/Handbook(Appendix
1038 O). If the Sponsor amends the COSC, the School shall agree to the amendments
1039 within ten (10) business days of being provided notice of amendments by the
1040 Sponsor or shall develop and adopt another COSC approved by the Sponsor. Failure
1041 to comply with this provision may result in withholding of FTE and constitutes
1042 good cause for termination.
1043 2) Learning Environment
1044 The School agrees to maintain a safe learning environment at all times. The School
1045 must comply with all applicable local, state and federal laws regarding the
1046 discipline of SPED students.
1047 3) Corporal Punishment
1048 The School shall not use corporal punishment.
1049 4) Student Expulsion
1050 Only the Sponsor may expel a student.
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1051 5) Legal Costs
1052 The School shall defend and pay all costs of any legal action related to dismissal
1053 under this section of students for disciplinary reasons.
1054 J) English Language Learners
1055 Students at the School who are English Language Learners(ELL)will be served by English
1056 for Speakers of Other Languages(ESOL)certified personnel who will follow the Sponsor's
1057 English Language Learners Plan (Appendix I), as amended from time to time and which
1058 meets the requirements of the League of United Latin American Citizens (LULAC) et al.
1059 v. State Board of Education Consent Decree.
1060 SECTION 4: FINANCIAL ACCOUNTABILITY
1061 A) Revenue
1062 1) Basis for funding
1063 Students in the School shall be funded the same as students enrolled in other public
1064 schools. Funding shall be the sum of district operating funds from the Florida
1065 Education Finance Program (FEFP), including gross state and local funds,
1066 discretionary lottery funds, and discretionary operating millage funds, divided by
1067 total district funded weighted full-time equivalent (WFTE) students, times the
1068 weighted full time equivalent students of the School. If eligible, the School shall
1069 also receive its proportionate share of categorical program funds included in the
1070 FEFP.Upon request,the School shall provide the Sponsor with documentation that
1071 categorical funds received by the School were expended for purposes for which the
1072 categorical were established by the Legislature.
1073 (a) Student Reporting
1074 i) The School shall use the Sponsor's electronic data processing
1075 facility and procedures for the processing of student enrollment,
1076 attendance,FTE data collection, assessment information,IEPs,EPs,
1077 LEPPs, Section 504 plans and any other required individual student
1078 plan. The School shall schedule students for electronic processing
1079 of FTE in accordance with the Sponsor's electronic FTE procedures.
1080 Students must be reported for 300 minutes per day of instructional
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1081 time. The hourly equivalent for Kindergarten through grade 3 is 720
1082 instructional hours and 900 instructional hours for students in grades
1083 4 through grade 12. Schools operating on a double-session calendar
1084 must be approved by the FDOE.Approval by the FDOE for a double
1085 session school does not reduce the required 300 minutes of
1086 instruction per day. Survey periods for Year-Round School
1087 Programs are the same as for the regular fiscal year. Year-round
1088 schools shall report the first 90 days of their regular 180-day school
1089 year in Survey 2 and the second 90 days of their regular 180-day
1090 school year in Survey 3,regardless of when the tracks are in session.
1091 ii) The School shall maintain auditable records of student attendance
1092 and grades. Reporting timelines shall be aligned with the Sponsor's
1093 timelines.
1094 iii) The Sponsor shall provide the School with appropriate access to the
1095 Sponsor's data processing facility. The School shall provide
1096 hardware and related infrastructure.
1097 iv) The Sponsor shall provide training for the School's personnel in the
1098 use of designated District applications necessary to respond to the
1099 statutory requirements of Section 1008.345, F.S., including the
1100 annual report and the State/District required assessment program.
1101 The Sponsor's support for this function will be provided at cost and
1102 will not exceed the administrative fee allowed by law.Access by the
1103 School to additional data processing applications, materials, or
1104 forms not required in the statute,but available through the Sponsor,
1105 may be negotiated separately by the parties.
1106 v) "Date Certain" is always the Friday of the FTE Survey week.
1107 Corrections to data submitted for FTE processing will only be
1108 accepted for 6 weeks after Date Certain. The School is responsible
1109 for correcting student schedule changes. Incomplete student or
1110 teacher course records shall result in a loss of FTE funding. The
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1111 School shall reimburse the State for any errors, omissions, or
1112 misrepresentations if the School submits data relevant to FTE
1113 funding that is later determined to be inaccurate. The School shall
1114 reimburse the State for any errors, omissions or misrepresentations
1115 for which the School is responsible. In addition, if the Sponsor is
1116 fined or penalized for School errors, the School shall reimburse the
1117 Sponsor for the full amount. The Sponsor may withhold FTE until
1118 the School agrees to a pay the amount in full or a payment plan,
1119 approved by the Sponsor. The Sponsor may also terminate the
1120 Charter.
1121 (b) Distribution of Funds Schedule
1122 i) The Sponsor shall calculate and submit twelve (12) monthly
1123 payments to the School. The first payment will be made by July 31.
1124 Subsequent payments will be made monthly by the 15th of each
1125 month beginning with August 15. For new charter schools in the
1126 initial year of operation, payments will be made as required by the
1127 law.
1128 ii) First year charter schools are required to submit to the Sponsor, no
1129 later than July 15 of the school year in which the school is to open,
1130 an FTE projection by program. The Sponsor will analyze the
1131 projection and supporting documentation to determine the initial
1132 payment. Additional documents (e.g., student enrollment forms,
1133 student transfer forms, Integrated Student Information System
1134 rosters) may be required or requested to support the School's
1135 projections.
1136 iii) The first payment shall include 75% of the projected annual
1137 allocation of instructional materials based on prior year
1138 membership, or based on enrollment as of June 30, in the case of a
1139 new school.
1140 iv) Payments may be adjusted for any amounts due the Sponsor for
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1141 services provided, expenditures incurred by the Sponsor on behalf
1142 of the School, and any fines or penalties levied against the Sponsor
1143 because of the School's errors during the current or previous year,
1144 as well as for administrative oversight.
1145 v) The District shall make every effort to ensure that the School
1146 receives timely and efficient reimbursement of funds. Other than
1147 those payments provided for in this Charter, for which other
1148 requirements for timely payments have been made, the payment
1149 shall be issued no later than ten (10)working days after the District
1150 receives a distribution of state or federal funds. If a warrant of
1151 payment is not issued within ten(10)working days after the receipt
1152 of funding by the District, or the due date set forth in this Charter,
1153 the District shall pay to the School, in addition to the amount of the
1154 scheduled disbursement, interest at a rate of one percent (1%) per
1155 month calculated on a daily basis on the unpaid balance from the
1156 expiration of the ten (10) day period until such time as the warrant
1157 is issued. Late payments are subject to interest at the rate of 1%per
1158 month calculated on a daily basis until paid.
1159 vi) Payment shall not be made for students in excess of the School's
1160 enrollment capacity, the School facility's valid capacity as
1161 determined by the School's Certificate of Occupancy, Certificate of
1162 Use, and Fire Permit(whichever is less) or this Charter. In the event
1163 that the required county and/or municipality facility permits do not
1164 indicate a facility capacity, the School must submit an official letter
1165 from the local jurisdiction confirming facility capacity certification
1166 by the Registered Architect.Where the local jurisdiction does not or
1167 is unable to issue an official determination of allowable capacity,the
1168 School may take one of the actions stated in Section 5(13)(4)(a) of
1169 this Charter.
1170 vii) The Sponsor shall withhold monthly payments, without interest, if
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1171 the School's Certificate of Occupancy, Certificate of Use or Fire
1172 Permit has expired or has otherwise become invalid, until such
1173 defect has been cured.
1174 viii) The Sponsor may initially calculate monthly distributions to the
1175 School for up to four (4) months based on the School's actual
1176 enrollment as of June 30, or until the results of the October FTE
1177 become available. The projected full-time equivalent student
1178 membership will be determined by the actual student enrollment at
1179 the School at the conclusion of the second week of student
1180 attendance. If enrollment at the end of the second week of student
1181 attendance is less than 90% of projected enrollment,future monthly
1182 distributions shall be proportionally reduced. Thereafter,the results
1183 of the official FTE student surveys will be used in adjusting the
1184 amount of FEFP funds distributed to the School.
1185 (c) Adjustments: Total funding shall be recalculated during the school year to
1186 reflect actual WFTE students reported by the School during the FTE student
1187 survey periods. In the event that the District exceeds the state cap for WFTE
1188 for Group 2 programs established by the Legislature,resulting in unfunded
1189 WFTE for the district, then the School's funding shall be reduced to reflect
1190 its proportional share of any unfunded WFTE.
1191 (d) Holdback/Proration: In the event of a state holdback or a proration which
1192 changes District funding, the School's funding will be adjusted
1193 proportionately. The Sponsor will not be responsible for any liabilities
1194 incurred by the School in the event of a state holdback.
1195 (e) Summer School Provision: The School may choose to provide a summer
1196 school program using State allocated funds. All students attending a
1197 summer school session must be reported in FTE Survey 1 and Survey 4, as
1198 required by law. In the event that a student enrolled in the School attends
1199 any of the Sponsor's summer school programs, and the summer school
1200 program is not funded through Title I, the School shall reimburse the
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1201 Sponsor for the cost of each student's summer school program, as
1202 determined by the Sponsor. If the School fails to comply with this provision,
1203 the Sponsor may deduct the appropriate amount from the School's
1204 subsequent FTE or federal funding payments.
1205 2) Federal Funding
1206 The School elects Option 1.
1207 (a) Option 1: The School will receive Title II, Title III, and IDEA funds
1208 through the provision of equitable services from the Sponsor.
1209 (b) Option 2: The School will receive Title II, Title III, and IDEA funds on a
1210 reimbursement basis. The School shall (1) submit to the Sponsor an official
1211 Board resolution or official Board meeting minutes reflecting the School's
1212 election to receive federal funds pursuant to Section 1002.33(17)(c), F.S.;
1213 (2) complete the applications required by the Sponsor for the use of funds
1214 in compliance with all applicable state rules and federal regulations,
1215 including but not limited to, the applicable federal Office of Management
1216 and Budget Circulars, the federal Education Department General
1217 Administrative Regulations, and program-specific statutes, rules, and
1218 regulations; and(3)demonstrate that the School is prepared and able to pay
1219 for required services selected on a reimbursement basis so that services will
1220 be provided in a timely fashion and properly monitor the administration of
1221 federal funds in compliance with applicable rules and regulations. The
1222 Sponsor will notify the School of its status within thirty (30) days after
1223 receiving the application.
1224 (c) The School shall submit any changes to the option selected in writing to the
1225 Sponsor by March I through the Charter amendment process pursuant to
1226 School Board Policy 9800, Charter Schools.
1227 (d) Title I of the Elementary and Secondary Education Act
1228 i) The per pupil allocation of Title I funds will be determined annually
1229 by the District in accordance with federal and state Title I
1230 regulations for that purpose. The allocation of Title I Funds shall be
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1231 made in accordance with the Charter Expansion Act of 1998 and all
1232 corresponding guidance and regulations and applicable Florida law.
1233 ii) Any capital outlay item purchased with Title I must be identified
1234 and labeled for Title I property audits.The property must be returned
1235 to the District if the School is no longer eligible for Title I funds.
1236 iii) Should the School receive Title I funds, it will employ teachers that
1237 are certified and teaching infield; and highly qualified
1238 paraprofessionals with two years of college, an AA degree, or that
1239 have passed an equivalent exam.
1240 iv) If the School accepts Title I funds,the School will receive a separate
1241 parent involvement allocation that must be spent in support of
1242 parental involvement activities and the School will develop and
1243 implement the School-level Parent and Family Engagement Plan
1244 (PFEP) subject to the provisions of Title I federal law requirements
1245 of Section 1116 of the Every Student Succeeds Act(ESSA).
1246 v) The District Title I staff will provide technical assistance and
1247 support in order to ensure that Title I guidelines are being followed
1248 at the School and that students are meeting high content and
1249 performance standards.
1250 vi) The Sponsor guidelines and requirements related to the
1251 implementation of Title I at eligible charter schools are hereby
1252 incorporated into this contractual agreement as Appendix U.
1253 (e) Federal Grants: Any eligible student enrolled in the School shall be
1254 provided federal funds at the same level of service provided to other eligible
1255 students in the schools operated by the Sponsor. When a grantor requires
1256 that the Sponsor serve as the fiscal agent for a grant,the School shall comply
1257 with the Sponsor's grant procedures:
1258 i) prior to generating any paperwork to the funding agency,the School
1259 shall notify Charter School Compliance and Support in writing of
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1260 its intent to submit a grant application;
1261 ii) Charter School Compliance and Support will forward the written
1262 request, along with the grant application guidelines, to
1263 Intergovernmental Affairs and Grants Administration (IAGA);
1264 iii) upon receipt of the written request, IAGA will prepare the grant
1265 application procedures packet and timeline for the School;
1266 iv) IAGA will process all application documents requiring the
1267 Superintendent's signature;
1268 v) In accordance with the established timeline, the School will submit
1269 the final application and the appropriate copies to Charter School
1270 Compliance and Support for submission to IAGA for transmittal to
1271 the funding agency;
1272 vi) In the event any grantor requires the Sponsor to monitor and/or
1273 review the School's expenditures pursuant to any grant the School
1274 receives,the School shall comply within a reasonable time with any
1275 and all additional reporting requirements or corrective action
1276 prescribed by the grantor or Sponsor. If it is determined that a
1277 reimbursement of grant funds is required due to an audit or other
1278 investigation, the School is solely responsible for making the
1279 reimbursement;
1280 vii) In the event that the Sponsor must serve as fiscal agent, and indirect
1281 costs are an allowable expense of the grant, the School agrees that
1282 the Sponsor will be permitted to retain grant funds in an amount
1283 equal to the annually negotiated indirect cost rate as determined by
1284 the FDOE. Indirect costs shall be reflected in the budget of the grant
1285 application submitted by the School;
1286 viii) If the Sponsor develops a District-wide grant, the School may be
1287 included in the District proposal in accordance with the school
1288 eligibility requirements and grant guidelines within the Request for
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1289 Proposals;
1290 ix) When grant proposals are developed by the Sponsor's staff using
1291 student or school counts that include the School's students, and the
1292 grant is awarded to the Sponsor, the pro-rata share of the dollars or
1293 services received from that grant shall be distributed to the School,
1294 if eligible, as defined in the budget developed for the grant;
1295 x) The District will advance cash to the grant recipient to cover its
1296 estimated disbursement needs for an initial period. All payments
1297 thereafter will be on a reimbursement basis only; and
1298 (f) Other Funding Sources: The School may secure funding from private
1299 institutions, corporations, businesses and/or individuals. Funding shall be
1300 properly accounted for and documented.
1301 3) Charter School Capital Outlay Funds
1302 (a) Application: The School shall follow FDOE procedures for submitting
1303 requests for capital outlay funding.
1304 (b) Distribution: The Sponsor shall make timely and efficient capital outlay
1305 payment to the School upon receipt of all required supporting
1306 documentation. The Sponsor shall not certify capital outlay plans or
1307 recommend awarding capital outlay if it cannot attest to the School's
1308 eligibility.
1309 B) Administrative Fee
1310 1) Allowable Withholding
1311 The Sponsor shall withhold two percent (2%) of available funds for the first 250
1312 students as defined in Section 1002.33(20)(a), F.S., not including capital outlay
1313 funds, federal and state grants, or any other funds, unless otherwise explicitly
1314 limited by law.
1315 (a) High Performing Charter School: For high-performing charter schools,
1316 as defined in Section 1002.331, F.S., the Sponsor may withhold a total
1317 administrative fee of up to 2 percent for enrollment up to and including 250
1318 students per school.
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1319 2) Sponsor Use of Administrative Fee
1320 The administrative fee retained by the Sponsor pursuant to this Charter includes,
1321 among other things, a fee for academic and financial monitoring required of the
1322 Sponsor by law. At any time,the Sponsor may request reports on school operations
1323 and student performance and the School shall provide the reports in a timely
1324 manner.
1325 3) Access to Optional Sponsor Services
1326 Access by the School to services not required by law, but available through the
1327 Sponsor, may be negotiated separately by the parties. The Sponsor is not obligated
1328 to provide any services not required by law.
1329 4) Provision of School Lunches
1330 The School shall be solely responsible for providing school lunches and complying
1331 with state and federal reporting requirements. The Sponsor shall provide services
1332 related to eligibility and reporting under the National School Lunch Program.
1333 C) Restriction on Charging Tuition
1334 The School shall not charge tuition.
1335 D) Allowable Student Fees
1336 1) Use of Student Fees
1337 The School shall not charge fees, except those fees normally charged by the
1338 Sponsor or as allowed by law. Fees collected must be allocated directly to, and
1339 spent only on, the activity or material for which the fee is charged.
1340 2) Fee Schedule
1341 If the School intends to charge fees, it shall submit its comprehensive fee schedule
1342 to the Sponsor for review no later than July 1 prior to the school year in which the
1343 fees are intended to be charged. No funds shall be collected until the School has
1344 been given written approval from the Sponsor. Additional fees shall not be imposed
1345 without the notification and approval of the Sponsor. Fees shall not be a barrier to
1346 enrollment. Non-Payment of fees shall not be a basis for dismissal or non-
1347 reenrollment. Upon approval of the fee schedule,all fees collected must be reported
1348 and recorded appropriately using proper accounting procedures as required by law.
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1349 Any fees that are solicited,required or accepted in violation of this paragraph shall
1350 be returned to the parent or guardian.
1351 3) Student Fee Documentation
1352 The School shall maintain documentation supporting the collection of the Sponsor-
1353 approved fees and make them available for Sponsor review.
1354 4) Parent Donations
1355 The School shall not require or accept monetary donations in lieu of volunteer hours
1356 or other parental obligations.
1357 E) Budget
1358 1) Annual
1359 The School shall provide reasonable proof of the ability to fund the initial startup
1360 and the on-going operation of the School. By August 20 each year, the City
1361 Manager shall provide to the Sponsor an updated Board approved Annual Budget
1362 Based on Enrollment Projections (Appendix J) for review and, for the initial year
1363 of operation,a budget based upon minimum enrollment(Appendix E).Each budget
1364 shall include projected sources of revenue, both public and private, planned
1365 expenditures covering the entire school year, a budget narrative and a staffing plan.
1366 (a) Governing Board Approval: The Board shall adopt and the City Manager
1367 shall maintain an annual balanced budget.
1368 (b) Submission Date: The School shall annually transmit to the Sponsor a copy
1369 of the School's adopted budget on or before August 20th.
1370 2) Amended Budget
1371 The School shall provide a copy of the amended budget to the Sponsor within ten
1372 (10) days of its approval by the Board.
1373 F) Financial Records,Reports and Monitoring
1374 1) Maintenance of Financial Records
1375 The School shall use the standard state codification of accounts as contained in the
1376 FDOE's Financial and Program Cost Accounting and Reporting for Florida Schools
1377 (Red Book), and/or may elect to follow Generally Accepted Accounting Standards
1378 (GARS) for not-for-profit organizations, but must reformat this information for
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1379 reporting, as a means of codifying all transactions pertaining to its operations. The
1380 accounting for federal, state and local funds shall be maintained according to
1381 existing guidelines,mandates, and practices, i.e., separate funds and bank accounts
1382 for federal,state,and local funds as required under applicable statutes.The School's
1383 financial activities and reports shall be subject to the FDOE Technical Assistance
1384 Paper No.2009-03,Auditor Selection Process(Appendix K),and state law, as well
1385 as any subsequently issued directives by the State and other applicable
1386 Governmental Accounting Standards.
1387 2) Financial and Program Cost Accounting and Reporting
1388 The School shall conduct an annual cost accounting in a form and manner
1389 consistent with generally accepted governmental accounting standards in Florida.
1390 3) Financial Reports
1391 (a) Financial Reports: The School shall submit monthly financial statements
1392 in the form prescribed by the FDOE. Those charter schools designated as
1393 high performing by the Commissioner of Education shall submit quarterly
1394 financial statements within thirty (30) days of the end of each quarter.
1395 (b) Annual Property Inventory: The School shall submit to the Sponsor a
1396 cumulative listing of all property and equipment purchased by the School
1397 with public funds, i.e., FEFP, grant, and any other public-generated funds,
1398 excluding City of Aventura funds. The School shall also submit a separate
1399 cumulative listing of all property and equipment purchased with private
1400 funds and City funds. If a charter school shares a facility with another
1401 charter school, each school having a separate MSID,must provide separate
1402 listings of all property and equipment purchased with public and private
1403 funds. These lists shall include: (1) date of purchase; (2) item purchased;
1404 (3) cost of item; and (4) item location.
1405 (c) Program Cost Report: The School shall provide the Sponsor its annual
1406 cost report in a form and manner consistent with generally accepted
1407 governmental accounting standards in Florida by the date established by the
1408 Sponsor and/or State.
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1409 (d) Annual Financial Audit: When required by Section 218.39, F.S., the
1410 charter school agrees to submit to and pay for an annual financial audit(s)
1411 and any legally authorized Special Purpose Statements of the corporation,
1412 in compliance with the law. The annual financial audit of the Corporation,
1413 and any legally authorized Special Purpose Statements requested and paid
1414 for by the School, shall be performed by an independent licensed Certified
1415 Public Accountant. The audits shall be performed in accordance with
1416 Generally Accepted Auditing Standards; Government Auditing Standards,
1417 issued by the Comptroller General of the United States;and Chapter 10.850,
1418 Auditor General Rules 7 Guidelines, State of Florida, (Appendix L). The
1419 School shall provide the Sponsor with three(3)copies and one(1)electronic
1420 copy of the audit, and the School's responses to the findings,which shall be
1421 bound together in one complete report. In addition, two copies of the audit
1422 report must be submitted to the Auditor General within forty-five (45)days
1423 after delivery of the audit report to the Board. The School shall provide the
1424 Sponsor with annual financial reports including a management letter, as of
1425 June 30 of each year for inclusion in the Sponsor's financial statements.
1426 These reports shall include a complete set of annual financial statements
1427 and accompanying notes, prepared in accordance with Generally Accepted
1428 Accounting Principles (GAAP) and reflecting the revenue sources and
1429 expenditures by function and object in sufficient detail to allow for the
1430 Sponsor's analysis of the School's ability to meet financial obligations and
1431 timely repay debt.In addition,if the School is not part of a pre-existing non-
1432 profit organization or municipality,the School's financial activities shall be
1433 accounted for using the governmental accounting model applicable for state
1434 and local governments and their component units, as per Government
1435 Accounting Standards Board(GASB) statement 34. The following timeline
1436 must be adhered to for submitting the School's financial reports:
1437 UNAUDITED STATEMENTS: NO LATER THAN AUGUST 1 OF
1438 EACH YEAR.
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1439 AUDITED STATEMENTS: NO LATER THAN SEPTEMBER 15 OF
1440 EACH YEAR. No later than May 1 of each year, the
1441 Charter School shall formally notify the Sponsor of the name, address and
1442 phone number of the auditor engaged to perform the year-end audit and
1443 documentation of the auditor's current peer review.
1444 (e) Grant Reporting: The School shall submit Proj ect Disbursement Reports
1445 for each grant to the Sponsor, supported by appropriate documents,
1446 including copies of invoices, timesheets, receipts, etc., to determine that
1447 grant funds are used and programs are operated in accordance with
1448 applicable federal and state statutes, rules, and regulations. All grant
1449 recipients will also be subject to scheduled site visits to review records and
1450 observe operations.
1451 (f) Form 990 (if applicable): Upon request, the School will provide the
1452 Sponsor with a copy of its most recent Form 990, Return of Organization
1453 Exempt from Income Tax, and all schedules and attachments. The School
1454 shall also submit the most recent Form 990 upon amendment or renewal of
1455 the charter. If the IRS does not require Form 990 to be filed,the School will
1456 provide the Sponsor with written confirmation from the IRS of such non-
1457 requirement.
1458 4) School's Fiscal Year
1459 The School's fiscal year shall be from July 1 through June 30.
1460 5) Financial Recovery/Corrective Plan
1461 (a) If the School is found to be in a state of deteriorating financial condition or
1462 meets one or more of the conditions in Section 218.503,F.S.,Determination
1463 of Financial Emergency, the Board and the Sponsor shall develop a
1464 corrective action plan in accordance with Florida Administrative Code(6A-
1465 1.0081, in a format prescribed by the Sponsor, and file the plan with the
1466 Commissioner of Education within 30 business days after notification is
1467 received in accordance with Section 1002.345, F.S. If the Board and the
1468 Sponsor are unable to agree on a performance objectives and action plan,
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1469 the Commissioner of Education shall determine the components of the plan.
1470 The Board and the City Manager shall implement the approved plan. Failure
1471 on the part of the School to propose a good faith corrective plan shall
1472 constitute a material breach of this Charter and may result in the Sponsor's
1473 withholding of subsequent payments to the School without penalty of
1474 interest until the breach is cured. The Sponsor may also terminate the
1475 Charter.
1476 (b) As stated in Section 1002.345, F.S., the Sponsor may decide not to renew
1477 or may terminate a charter if the charter school or charter technical career
1478 center fails to correct the deficiencies noted in the correction action plan
1479 within one (1) year after notification of the deficiencies or exhibits one or
1480 more financial emergency conditions as specified in Section 218.503, F.S.,
1481 for two(2) consecutive years.
1482 6) Submission Process
1483 The School shall submit all required financial statements to the Sponsor in the
1484 timeline and format prescribed by the Sponsor and/or state. Failure of the School
1485 to comply with the timely submission of all financial statements in the required
1486 format specified by the Sponsor and State shall constitute a material breach of this
1487 Charter. Where such breach continues after written notice from Sponsor, it may
1488 result in the Sponsor's withholding of subsequent payments to the School without
1489 penalty of interest until cured and/or termination of this Charter.
1490 7) Additional Monitoring
1491 The Sponsor reserves the right to perform additional audits and investigations at its
1492 expense, as part of the Sponsor's financial monitoring responsibilities, as it deems
1493 necessary. The School shall be responsible for reimbursement of any unauthorized
1494 or misappropriated funds.
1495 G) Financial Management of Schools
1496 1) Financial Management and Oversight Responsibilities
1497 The School shall implement the financial management and oversight procedures,
1498 controls and methods as described in the approved Application.
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1499 2) Taxes and Bonds
1500 Pursuant to law, the School shall not levy taxes or issue bonds secured by tax
1501 revenue except as within the specific authority of the City of Aventura_
1502 3) Additional Financial Requirements
1503 The Sponsor may require the School to comply with additional financial
1504 requirements mandated by the FDOE or the Sponsor.
1505 4) Utilization of the Sponsor
1506 The School shall not suggest or represent to third parties, including,but not limited
1507 to,vendors, creditors, other business entities or their representatives,governmental
1508 entities, or other individuals, that the Sponsor will guarantee payment for any
1509 purchases made or debts incurred by the School,nor shall the School represent that
1510 the Sponsor will guarantee payment for any loans secured by the School, or that the
1511 Sponsor will lend its good faith and credit in order for the School to obtain a loan
1512 or other forms of credit.
1513 5) Transfers/Advances, Grants, and/or Loans
1514 The school may make transfers, advances, grants, and/or loans of public funds as
1515 long as they comply with Section 1011.69(2), F.S., and are made to either (a)
1516 another open charter school governed by the same non-profit entity (Corporation)
1517 and are located in Miami-Dade County, or (b) the non-profit entity (Corporation)
1518 that governs the school and for the benefit of a charter school with an approved
1519 application that is located in Miami-Dade County. All other transfers, advances,
1520 grants and/or loans of public funds by the School are prohibited. Allowable
1521 transfers, advances, grants, and/or loans under this provision shall only be used for
1522 educational purposes aligned with the mission and purposes of the school and the
1523 non-profit entity(Corporation) that governs the school. The Sponsor shall have the
1524 right to review, examine, and audit the books, records, and financial statements of
1525 the non-profit entity (Corporation) with its own internal auditors to ensure
1526 compliance with this provision.
1527 6) Bank Transfer Information
1528 The Sponsor shall remit charter school payments only to depository accounts in the
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1529 same name as the legal entity and the name of the School. The School shall submit
1530 a Bank information form providing all necessary bank account information and
1531 with an original signature of the current Board Chair, or the Board's authorized
1532 signatory and a copy of the school's W-9 Form. The bank account must be in the
1533 same legal name of the School, and the bank information form must be signed by
1534 the Board Chair or the Board's authorized signatory. The Sponsor shall not send
1535 payments to any entity other than the contracted entity in this Charter, to a trust
1536 account, any account not held and completely controlled by the school, or any
1537 account that is part of any financing arrangement or debt security.
1538 H) Description of Internal Audit Procedure
1539 The School shall implement the financial controls and audit procedure described in the
1540 School's governing laws and rules, the provisions of this Charter, as described in the
1541 approved Application.
1542 SECTION 5: FACILITIES
1543 A) Prior Notification
1544 1) Deadline to Secure Facility
1545 The School shall provide the Sponsor with documentation regarding the owned or
1546 leased facility where the School will operate. If the School owns the facility, the
1547 School shall provide the Sponsor with a copy of the recorded property deed
1548 showing ownership in the name of the School, and a current Opinion of Title for
1549 the parcel. If the School does not own the facility, the School shall provide the
1550 Sponsor with a fully executed lease or other legal document acceptable to the
1551 Sponsor evidencing the legal right to occupy the facility at least thirty(30)calendar
1552 days prior to the initial opening day of classes, evidencing the legal right of the
1553 School to occupy and use the facility for educational purposes. If the School will
1554 be operating under a sub-lease, the School must also submit the Master Lease.
1555 2) Deadline to submit zoning approvals and Certificate of Occupancy
1556 The School shall obtain, for any owned or leased facility to be used to house the
1557 School, all permanent and temporary licenses, permits, use approval, facility
1558 certification, and any other approvals required by the local government or any other
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1559 governmental bodies having jurisdiction by at least fifteen(15) calendar days prior
1560 to the opening day of classes, and shall thereafter maintain all permanent and
1561 temporary licenses, permits, use approval, facility certification, and any other
1562 approvals required by the local government or any other governmental bodies
1563 having jurisdiction. If no deferral options are available, this Charter shall expire if
1564 the School fails to obtain all permanent and temporary licenses, permits, use
1565 approval, facility certification, and any other approvals required by the local
1566 government or any other governmental bodies having jurisdiction by at least fifteen
1567 (15) calendar days prior to each opening day of classes.
1568 3) Government Inspections of Facility
1569 In the event the School receives a citation or notice of violation from a state,federal,
1570 or local jurisdictional entity regarding issues related to the health, wellbeing, and
1571 safety of students, staff or visitors within the facility, and requiring immediate or
1572 limited timeframes to remediate the outstanding issue(s), the School shall deliver
1573 to the Sponsor copies of all such notices within twenty-four (24) hours of receipt,
1574 along with an action plan to address and mitigate the issues. The School shall
1575 provide the Sponsor with written verification that the citation or notice of violation
1576 has been properly resolved within the timeframe required by the jurisdictional
1577 entity. For all other instances where the School receives a citation or notice of
1578 violation, the School shall deliver to the Sponsor copies of any and all facility
1579 inspections performed at any time by federal, state, or local governments or any
1580 other governmental bodies having jurisdiction within fourteen (14) calendar days
1581 of the date of the inspection, citation or notice of violation. Subsequent written
1582 proof of compliance with any violations arising from such inspection, citation or
1583 notice of violation, shall also be delivered to the Sponsor within seven (7) calendar
1584 days of receipt of written verification from the jurisdictional entity that all
1585 outstanding violations have been properly resolved.
1586 4) Sponsor Inspection of Facility
1587 The Sponsor may inspect the School facilities at any time during the school year to
1588 ensure compliance with all applicable state laws and building and zoning
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1589 requirements and with the provisions of this Charter.
1590 B) Compliance with Building and Zoning/Requirements
1591 1) Florida Building Code
1592 The School shall use facilities that comply with the Florida Building Code,pursuant
1593 to Chapter 553. The school is exempt from the requirements of the State
1594 Requirements for Educational Facilities (SREF).
1595 2) Florida Fire Prevention Code
1596 The School shall use facilities that comply with the Florida Fire Prevention Code.
1597 3) Applicable Laws
1598 The School shall comply with all applicable laws, ordinances, and codes of federal,
1599 state, and local government, including the IDEA, the Americans with Disabilities
1600 Act(ADA), and section 504 of the Rehabilitation Act. The School shall obtain all
1601 necessary licenses, permits, zoning, use approval, facility certification, and other
1602 approvals required for use and continued occupancy of the facility as required by
1603 the local government or other governmental agencies, and copies of all such
1604 documents shall be provided to the Sponsor.
1605 (a) The School's operation shall be subject to necessary local government
1606 approvals including site plan approval pursuant to Section 1013.36, F.S.,
1607 and if applicable,review of traffic studies/analysis. The School may also be
1608 required by the local government to provide amenities to ensure safe access
1609 to children/pedestrians walking to the School. Where or when required, the
1610 School will obtain zoning or other land use development orders and comply.
1611 (b) The School shall be responsible for all costs for, or associated with,
1612 complying with local ordinances, securing licenses, permits, zoning, use
1613 approval, facility certification, and other approvals, including, but not
1614 limited to, application fees, advertising costs, surveyor costs, plan review
1615 fees,permit costs and licensing costs,traffic analyses/studies,and any other
1616 additional charges or surcharges by the local government or other
1617 governmental agencies.
1618 (c) At all times, the School shall display a valid and current Certificate of
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1619 Occupancy, and other certificates, permits, and licenses required by
1620 building and fire enforcement authorities,health and sanitation enforcement
1621 authorities and all other applicable enforcement agencies.
1622 (d) If the School fails to maintain valid licenses,permits,use approval, facility
1623 certification, and any other approvals as required by the local government
1624 or any other governmental bodies having jurisdiction at any time during the
1625 term of this Charter, the Sponsor may, after providing proper notice to the
1626 School, withhold all subsequent payments to the School, without interest,
1627 until required permits, use approval, or facility certifications are obtained
1628 and/or may terminate this Charter.
1629 4) Capacity of Facilities
1630 (a) The School shall not allow the enrollment at any time to exceed the number
1631 of students permitted by this Charter, zoning capacity, certificates of use
1632 and/or occupancy, applicable laws and regulations. Only where a
1633 municipality is unable to issue an official determination of allowable
1634 occupancy,the School may either(1) submit an official document from the
1635 municipality affirming that the municipality is unable to issue an official
1636 determination of allowable occupancy and deferring to a Registered
1637 Architect to establish such allowable occupancy. In that event,the Architect
1638 may submit an original letter attesting to the allowable occupancy of the
1639 School,with said letter to bear the signature,seal,and license number of the
1640 Architect; or (2) submit an original letter from a Registered Architect
1641 attesting to the inability of the municipality to provide an official
1642 determination of allowable occupancy and referencing the Permit Number
1643 and/or other pertinent identifying information on the approved plans for the
1644 School (with said signed and sealed plans to be provided to the Sponsor),
1645 which must specifically and unambiguously delineate the maximum
1646 allowable occupancy of the School. If the school is sharing a facility with
1647 another entity -- The School shares the facilities with the following
1648 school(s): N/A. At no time will the combined total enrollment of all of the
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1649 charters sharing any such facility exceed the CO and CU capacities of the
1650 facility.
1651 (b) Any actions taken by the School to increase or decrease the allowable
1652 occupancy within the facility must be reported to the Sponsor, in writing,
1653 prior to any such action being finalized or becoming effective.
1654 5) Leased facilities
1655 The School is owned by the City of Aventura. The City's General Fund leases the
1656 school facilities to the City's Charter School Fund.The City Manager shall annually
1657 provide a copy of the most current executed lease.
1658 6) Emergencies
1659 In unforeseen circumstances or emergencies, if the facility is damaged or unable to
1660 safely house students/personnel, the School must notify the Sponsor, immediately,
1661 and secure an alternative location to ensure no interruption in instruction. The
1662 alternative location shall be subject to all facility requirements indicated in this
1663 Charter.
1664 C) Location
1665 1) School's Street Address
1666 The School will be located at 3401 NE 213 Street, Aventura, Florida 33180-0000
1667 (Folio No. 28-1234-019-0021).
1668 2) Temporary Facility (if applicable)
1669 The School will be housed at a temporary facility located at N/A.
1670 3) Relocation
1671 The School shall not change or add facilities or locations or relocate students into
1672 non-permanent educational facilities (i.e. trailers, portable classrooms, etc.) at any
1673 time during the term of this Charter without prior approval of the Sponsor through
1674 the Charter amendment process. In all instances where the School intends to utilize
1675 non-permanent educational facilities, the School must first provide the Sponsor
1676 with appropriate documentation verifying compliance with local Building &
1677 Zoning requirements,as well as from any other jurisdictional entities. If the site for
1678 placement of the non-permanent educational facilities is leased, the School must
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1679 also provide written verification that the lease agreement permits the placement and
1680 operation of such units on the demised premises. Violation of this provision
1681 constitutes a unilateral amendment or modification of this Charter and good cause
1682 for termination. If the School moves out of a shared facility, the School must
1683 provide an audit of all equipment, educational materials, supplies, curriculum
1684 materials and other items purchased with federal grant funds and such items must
1685 be transferred to the School's new location.
1686 4) Additional Campuses or Facilities,if applicable. N/A
1687 D) Prohibition to Affix Religious Symbols
1688 The School shall not display any religious or partisan political symbols, statues, artifacts,
1689 etc., on or about the property and facilities where the School will operate.
1690 SECTION 6: TRANSPORTATION
1691 A) School Responsibilities
1692 The School shall provide for transportation of the School's students consistent with the
1693 requirements of Chapter 1006, F.S. Any brochure, flyers or other multi-media and
1694 telecommunications information furnished/published by the School shall communicate that
1695 the School will provide transportation for eligible students and in the manner in which it
1696 will be made available to the School's students. At the request of the parent, the School
1697 shall provide transportation pursuant to the McKinney-Vento Homeless Assistance Act(42
1698 U.S.C. Section 11431, et. seq.)for each child of a homeless individual and each homeless
1699 youth. The School shall provide transportation for students with disabilities enrolled in the
1700 School if required by the student's IEP. The School may provide transportation through an
1701 agreement or contract with an approved private provider or parents.
1702 B) Reasonable Distance
1703 The School shall provide transportation for students beyond a reasonable distance from the
1704 School as provided by law.
1705 C) Compliance with Safety Requirements
1706 Private transportation providers contracted by the school must be approved by the Sponsor
1707 and comply with all applicable state and Sponsor's vehicle inspection and driver
1708 certification requirements of subpart I.E. The School shall monitor the status of the
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1709 commercial driver's licenses of each school bus driver employed or hired by the School. If
1710 requested, the School will provide the Sponsor a current list of all School Bus Drivers,
1711 commercial driver's license numbers, current license status and license expiration dates.
1712 D) Fees
1713 The School may not charge a fee for transportation to which the student is entitled pursuant
1714 to state law. If the School does not provide transportation, the School shall reimburse
1715 parents for parent-provided transportation if the student is legally entitled to transportation
1716 to the School to the extent the School is reimbursed by the State Pursuant to Chapter 1006
1717 (Subpart I.E), F.S. The School shall notify parents prior to enrollment and in all parent
1718 information that they may be eligible for transportation reimbursement.
1719 E) Private Transportation Agreement
1720 The School will provide the Sponsor the name of the private transportation provider and a
1721 copy of the signed transportation contract at least ten(10)working days prior to the opening
1722 day of classes.
1723 F) Reimbursement for School Provided Transportation
1724 The rate of reimbursement to the School will be equivalent to the reimbursement rate
1725 provided by the State for all eligible transported students within the school district.
1726 G) Failure to Comply
1727 Failure to comply with any local, state, or federal rule or regulation concerning school
1728 transportation shall constitute good cause for termination of this Charter. Furthermore, the
1729 School shall promptly reimburse the Sponsor for any penalties incurred by the Sponsor as
1730 a result of the School's non-compliance.If the School submits data relevant to FTE funding
1731 that is later determined through an audit to be inaccurate, the School shall be responsible
1732 for any reimbursement to the State arising as a result of any errors or omissions for which
1733 the School is responsible.Any deficit incurred by the School shall be the sole responsibility
1734 of the School.
1735 SECTION 7: INSURANCE AND INDEMNIFICATION
1736 A) Indemnification of Sponsor
1737 Subject to the monetary limitations of Florida Statute 768.28(5), which monetary
1738 limitations shall apply without regard as to whether they would apply in the absence of this
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1739 provision, the School agrees to indemnify, defend with competent counsel, and hold the
1740 Sponsor,its members,officers,and agents,harmless from any and all claims,actions,costs,
1741 expenses, damages, and liabilities, including reasonable attorney's fees, arising out of,
1742 connected with or resulting from: (a) the negligence of the School's employees,
1743 contractors, subcontractors, or other agents in connection with and arising out of their
1744 services within the scope of this Charter; (b) disciplinary action or the termination of a
1745 School employee; (c)the debts accrued by the School and/or non-payment of same; (d)the
1746 School's material breach of this Charter or violation of law; (e) any failure by the School
1747 to pay its suppliers or any subcontractors; or (f) personal injury, property damage, or
1748 violations of civil rights that may arise out of or by reason of actions of the School and/or
1749 its employees, agents, and representatives. For purposes of tort liability, the Board and
1750 employees are subject to the limits of Section 768.28, F.S.
1751 1) Indemnification for Professional Liability
1752 The duty to indemnify for professional liability as insured by the School Leaders
1753 Errors and Omissions Liability Policy described in this Charter will continue in full
1754 force and effect notwithstanding the expiration or early termination of this Charter
1755 with respect to any claims based on facts or conditions which occurred prior to
1756 termination. In no way shall the School Leader's Errors and Omissions Liability
1757 Policy's three(3)year limitation on post termination claims of professional liability
1758 impair the Sponsor's claims to indemnification with respect to a claim for which
1759 the School is insured or for which the School should have been insured under
1760 Commercial General Liability Insurance. In addition, the School shall indemnify,
1761 defend, and protect and hold the Sponsor harmless against all claims and actions
1762 brought against the Sponsor by reason of any actual or alleged infringement of
1763 patent or other proprietary rights in any material, process, machine or appliance
1764 used by the School.
1765 2) Notification of Third Party Claim, Demand, or Other Action
1766 The School shall notify the Sponsor of the existence of any third-party claim,
1767 demand or other action giving rise to a claim for indemnification under this
1768 provision(a"third-party claim")and shall give each other a reasonable opportunity
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1769 to defend the same at its own expense and with its own counsel, provided that the
1770 Sponsor shall at all times have the right to participate in such defense at its own
1771 expense. If, within a reasonable amount of time after receipt of notice of a third-
1772 party claim, the School shall fail to undertake to defend,the Sponsor shall have the
1773 right, but not the obligation, to defend and to compromise or settle (exercising
1774 reasonable business judgment) the third-party claim for the account and at the risk
1775 and expense of the School, which the School agrees to assume. The School or the
1776 Sponsor shall make available to each other, at their expense, such information and
1777 assistance as each shall request in connection with the defense of a third-party
1778 claim.
1779 3) Indemnity Obligations
1780 The School's indemnity obligations under this provision and elsewhere in the
1781 Charter shall survive the expiration or termination of this Charter.
1782 B) Indemnification of School
1783 The Sponsor,to the extent sovereign immunity can be waived,agrees to indemnify,defend
1784 with competent counsel, and hold the School, its members, officers, and agents, harmless
1785 from any and all claims, actions, costs, expenses, damages, and liabilities, including
1786 reasonable attorney's fees, arising out of, connected with or resulting from: (a) the
1787 negligence of the Sponsor's employees, contractors, subcontractors, or other agents in
1788 connection with and arising out of their services within the scope of this Charter; (b)
1789 disciplinary action or the termination of a Sponsor employee; (c) the debts accrued by the
1790 Sponsor and/or non-payment of same; (d)the Sponsor's material breach of this Charter or
1791 violation of law; (e) any failure by the Sponsor to pay its suppliers or any subcontractors;
1792 or (f) personal injury, property damage, or violations of civil rights that may arise out of,
1793 or by reason of actions of the Sponsor and/or its employees, agents, and representatives.
1794 Q Acceptable Insurers
1795 1) Acceptable Insurance Providers
1796 Insurance providers must be authorized by subsisting certificates of authority by
1797 the Department of Financial Services of the State of Florida, or (11) an eligible
1798 surplus lines insurer under Florida Statutes. In addition, the insurer must have a
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1799 Best's Rating of "A" or better and a Financial Size Category of "VI" or better,
1800 according to the latest edition of Best's Key Rating Guide,published by A.M. Best
1801 Company.
1802 2) Insurance Provider Compliance
1803 If, during this period when an insurer is providing the insurance as required by this
1804 Charter, an insurer fails to comply with the foregoing minimum requirements, as
1805 soon as the School has knowledge of any such failure the School shall immediately
1806 notify the Sponsor and promptly replace the insurance with insurance provided by
1807 another insurer meeting the requirements. Such replacement insurance coverage
1808 must be obtained within twenty (20) days of cancellation or lapse of coverage.
1809 3) Minimum Insurance Requirements
1810 Without limiting any of the other obligations or liabilities of the School, the School
1811 shall,at the School's sole expense,procure,maintain and keep in force the amounts
1812 and types of insurance conforming to the minimum requirements set forth in this
1813 Charter. Except as otherwise specified in this Charter, the insurance shall
1814 commence prior to the commencement of the opening of the School and shall be
1815 maintained in force,without interruption,until this Charter is terminated.
1816 D) Commercial and General Liability Insurance
1817 1) Liabilities Required
1818 School's insurance shall cover the School for those sources of liability (including,
1819 without limitation, coverage for operations, Products/Completed Operations,
1820 independent contractors, and liability contractually assumed) which would be
1821 covered by the latest occurrence form edition of the standard Commercial General
1822 Liability Coverage Form (ISO Form CG 00 01 12 04), as filed for use in the State
1823 of Florida by the Insurance Services Office.
1824 2) Minimum Limits
1825 The minimum limits to be maintained by the School (inclusive of any amounts
1826 provided by an umbrella or excess policy) shall be $1 million per occurrence/$3
1827 million annual aggregate.
1828 3) Deductible/Retention
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1829 Except with respect to coverage for Property Damage Liability, the Commercial
1830 General Liability coverage shall apply on a first-dollar basis without application of
1831 any deductible or self-insured retention.
1832 4) Occurrence/Claims
1833 The coverage for Property Damage Liability may be subject to a maximum
1834 deductible of$1,000 per occurrence.
1835 5) Additional Insured
1836 The School shall include the Sponsor and its members, officers, and employees as
1837 Additional Insured on the required Commercial General Liability Insurance. The
1838 coverage afforded such Additional Insured shall be no more restrictive than that
1839 which would be afforded by adding the Sponsor as Additional Insured using the
1840 latest Additional Insured Owners, Lessees or Contractors (Form B) Endorsement
1841 (ISO Form CG 20 10 07 04). The certificate of insurance shall be clearly marked
1842 to reflect "The Sponsor (The School Board of Miami-Dade County, Florida), its
1843 members, officers, employees, and agents as Additional Insured."
1844 E) Automobile Liability Insurance
1845 1) Coverage
1846 The School's insurance shall cover the School for those sources of liability which
1847 would be covered by Section II of the latest occurrence edition of the standard
1848 Business Auto Policy (ISO Form CA 00 01 03 10), including coverage for liability
1849 contractually assumed, as filed for use in the State of Florida by the Insurance
1850 Services Office. Coverage shall be included on all owned, non-owned, and hired
1851 autos used in connection with this Charter.
1852 2) Occurrence/Claims and Minimum Limits
1853 The minimum limits to be maintained by the School (inclusive of any amounts
1854 provided by an umbrella or excess policy) shall be $1 million per occurrence, and
1855 if subject to an annual aggregate, $3 million annual aggregate.
1856 F) Workers' Compensation/Employers' Liability Insurance
1857 1) Coverage
1858 The School's insurance shall cover the School (and to the extent its subcontractors
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1859 and its sub subcontractors are not otherwise insured) for those sources of liability
1860 which would be covered by the latest edition of the standard Workers'
1861 Compensation Policy, as filed for use in Florida by the National Council on
1862 Compensation Insurance,without restrictive endorsements.In addition to coverage
1863 for the Florida Workers' Compensation Act, where appropriate, coverage is to be
1864 included for the Federal Employers' Liability Act and any other applicable federal
1865 or state law.
1866 2) Minimum Limits
1867 Subject to the restrictions found in the standard Workers' Compensation Policy,
1868 there shall be no maximum limit on the amount of coverage for liability imposed
1869 by the Florida Workers' Compensation Act or any other coverage customarily
1870 insured under Part One of the standard Workers' Compensation Policy. The
1871 minimum amount of coverage for those coverages customarily insured under Part
1872 Two of the standard Workers' Compensation Policy shall be: EL Each Accident:
1873 $500,000; EL Disease-Policy Limit: $500,000; EL Disease-Each Employee:
1874 $500,000.
1875 G) School Leader's Errors and Omissions Liability Insurance
1876 1) Form of coverage
1877 The School shall provide School Leader's Errors and Omissions Liability Insurance
1878 shall be on a form acceptable to the Sponsor and shall cover the School for those
1879 sources of liability typically insured by School Leader's Errors and Omissions
1880 Liability Insurance, arising out of the rendering or failure to render professional
1881 services in the performance of this Charter, including all provisions of
1882 indemnification, which are part of this Charter.
1883 2) Coverage Limits
1884 The minimum limits to be maintained by the School inclusive of any amounts
1885 provided by an umbrella or excess policy, shall be $1 million per claim/annual
1886 aggregate.
1887 3) Occurrence/Claims
1888 The insurance shall be subject to a maximum deductible not to exceed$25,000 per
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1889 claim.If the insurance is on a claims-made basis,the School shall maintain,without
1890 interruption, the Professional Liability Insurance until three (3) years after
1891 termination of this Charter.
1892 H) Property Insurance
1893 1) Structure Requirements
1894 If the School is the owner and/or has a mortgage on the school site location, the
1895 School shall furnish on a form acceptable to the Sponsor, Property Insurance for
1896 the "Building" which is to include the structure as described in this Charter,
1897 including permanently installed fixtures, machinery and equipment, outdoor
1898 fixtures, and personal property to service the premises. If the Building is under
1899 construction, the School shall provide evidence of property insurance for the
1900 additions under construction and alterations, repairs, including materials,
1901 equipment, supplies, and temporary structures within 100 feet of the premises.
1902 2) Additional Requirements
1903 In addition, the School shall provide evidence of business personal property
1904 coverage to include furniture, fixtures, equipment, and machinery used in the
1905 School.
1906 3) Business Personal Property Insurance
1907 If the School leases the site location, then the School shall provide on a form
1908 acceptable to the Sponsor no later than thirty (30)calendar days prior to the opening
1909 of school, evidence of business personal property insurance, to include furniture,
1910 fixtures, equipment and machinery used in the School.
1911 I) Applicable to All Coverage
1912 1) Other Coverage
1913 The insurance provided by the School shall apply on a primary basis and any other
1914 insurance or self-insurance maintained by the Sponsor or its members, officers,
1915 employees or agents, shall be in excess of the insurance provided by or on behalf
1916 of the School.
1917 2) Deductibles/Retention
1918 Except as otherwise specified, the insurance maintained by the School shall apply
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1919 on a first-dollar basis without application of deductible or self-insurance retention.
1920 Liability and Remedies
1921 Compliance with the insurance requirements of this Charter shall not limit the
1922 liability of the School, its subcontractors, its sub subcontractors, its employees or
1923 its agents to the Sponsor or others. Any remedy provided to the Sponsor or its
1924 members, officers, employees or agents by the insurance shall be in addition to and
1925 not in lieu of any other remedy available under the Charter or otherwise.
1926 3) Subcontractors
1927 The School shall require its subcontractors and its sub-subcontractors to maintain
1928 any and all insurance required by law.
1929 4) Default Upon Non-Compliance
1930 Failure to comply with this section or to maintain the requisite insurance coverage
1931 shall constitute a material breach of this Charter and constitute good cause for
1932 termination.
1933 SECTION 8: GOVERNANCE
1934 A) Public or Private Employer
1935 The School shall be a private employer. If the School elects to be a public employer, the
1936 School may participate in the Florida Retirement System (FRS) upon application and
1937 approval as a "covered group" under Section 121.021(34), F.S. If a charter school
1938 participates in the FRS, the charter school employees shall be compulsory members of the
1939 FRS. Teachers and other staff on approved charter school leave from the Sponsor will be
1940 considered employees of the School and will not be covered by the contract between the
1941 United Teachers of Dade (UTD) and M-DCPS.
1942 B) Governing Board Responsibilities and Organization Composition
1943 The seven duly elected representatives of The City of Aventura Commission,will serve as
1944 the School's Board of Directors (Board).
1945 a) The primary responsibility of the Board is to lead in the identification and
1946 development of broad goals and specific objectives to be accomplished by the
1947 School. The Board supports these goals and specific objectives by annually
1948 adopting the budget.
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1949 b) The Board will contract with an education management company to manage the
1950 day to day operations of the school. The education management company will
1951 report to both the City Manager and School Advisory Board. The Governing Board
1952 will .oversee the City Manager who will ensure that the terms of the Management
1953 Agreement between the education management company and the City is
1954 implemented in accordance with the expectations of the Governing Board. The
1955 City's agreement with the education management company shall ensure that all the
1956 provisions herein and in the application attached hereto as Appendix A shall be
1957 enforced.
1958 c) The School shall be held accountable to its students, parents/guardians, and the
1959 community at large, through a continuous cycle of planning, evaluation, and
1960 reporting as required by law.
1961 d) Pursuant to F. S. §1002.33(12)(g), the School's Board members shall be
1962 fingerprinted by the Sponsor prior to the approval of the School's Charter. Board
1963 members appointed to the Board after the approval of the School's Charter must be
1964 fingerprinted within thirty (30) days of their appointment. The cost of
1965 fingerprinting shall be borne by the School or the Board member. The Board agrees
1966 to dismiss Board members whose fingerprint check results reveal non-compliance
1967 with standards of good moral character.
1968 e) The Principal shall be an employee of the education management company and
1969 shall report to the City Manager and School Advisory Board. The teachers,support
1970 staff, and contractual staff will be directly supervised by the Principal or the
1971 education management company, as applicable.
1972 f) An Educational Excellence School Advisory Council (EESAC)will be established
1973 consistent with Fla. Stat. § 1001.452 to facilitate achievement of the mission of the
1974 School, and to ensure that the School meets the needs of the children and
1975 community it is developed to serve. To this end, the School will detail and address
1976 the following components, for its EESAC: (a) establishment of by-laws; (b)
1977 composition of membership; (c) election procedures; (d) communication and
1978 posting of meeting agendas and minutes pursuant to Fla. Stat. § 286.011 (Sunshine
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1979 Law).
1980 g) The Board will establish a School Advisory Board to act in an advisory capacity to
1 81 the Board.-The Board in conjunction with the School Advisory Board, will be
1 82 responsible for continuing oversight of the operations of the school.
1983 h) As indicated above, the School will be responsible for administrative school
1984 functions, such as bookkeeping, pursuant to the rules and policies that are
1985 developed by the City Manager consistent with such standards for other public
1986 schools.
1987 i) No employee of the school may be a member of the Board.
1988 j) No member of the Board will receive compensation,directly or indirectly, from the
1989 School's operations, including but not limited to grant funds. Violation of this
1990 provision shall constitute a material breach of the Charter.
1991 k) The School will comply with Florida Statutes Chapter 119(the Public Records Act)
1992 pursuant to Fla. Stat. § 1002.33(16)(b)2., and any other applicable statutes
1993 pertaining to public records.
1994 1) Organizational Plan
1995 The School shall implement the organizational plan as described in the approved
1996 Application.
1997 2) School Fiscal Agent
1998 The City shall be the fiscal agent for the School.
1999 3) Student/Parent Contract
2000 The School agrees to annually submit any proposed Student/Parent contracts,
2001 including amendments, to the Sponsor for review. The Sponsor shall approve or
2002 reject the proposed parent contract within 30 days of receipt. If the Sponsor rejects
2003 the proposed Student/Parent Contract, it shall provide its reasons for rejection in
2004 writing and shall allow the School to resubmit a revised draft. The School shall not
2005 use the Student/Parent contract unless it has been approved by the Sponsor. The
2006 School shall not use language in these contracts to discriminate, involuntarily
2007 withdraw or dismiss the student without due process and as required by the Code
2008 of Student Conduct, or create a financial burden or any other barrier to enrollment
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2009 or re-enrollment. At a minimum, all communication to parents, including Parent
2010 Contracts,shall be provided in English, Spanish and Haitian-Creole,as appropriate.
2011 Attached is the School's Parental Contract/Handbook (Appendix O). Violation
2012 constitutes good cause for termination of the Contract.
2013 4) Governing Board Reporting
2014 The Board or its designee shall periodically report the School's academic progress
2015 to all stakeholders.
2016 5) Governance Training
2017 Pursuant to state law, the Board shall participate in charter school governance
2018 training facilitated by an approved FDOE vendor.
2019 6) Employment of Relatives
2020 The School and its employees shall comply with state law prohibiting the
2021 appointment, employment, promotion, or advancement, or the advocacy for
2022 appointment, employment, promotion, or advancement in or to a position in the
2023 charter school in which the personnel are serving or over which the personnel
2024 exercises jurisdiction or control of an individual who is a relative as defined in
2025 Section 1002.33(24)(a)2,F.S.
2026 Q Public Records
2027 The School shall comply with Chapter 119, F.S., (the Public Records Act), and all other
2028 applicable statutes pertaining to public records.
2029 D) Reasonable Access to Records by Sponsor
2030 The School shall provide the Sponsor access to public records, at no cost, related to the
2031 governing board. Failure to provide such access will constitute a material breach of this
2032 Contract and good cause for termination.
2033 E) Sunshine Law
2034 The Board meetings shall take place locally and in a physical location and facility that is
2035 easily accessible to the School's parents,students and employees,be publicized in advance
2036 to the school community and be open to the public pursuant to Section 286.011, F.S., (the
2037 Sunshine Law): Parents/guardians shall be encouraged to attend. Notification shall be
2038 available in languages other than English, where appropriate, e.g., Spanish, and Haitian-
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2039 Creole. Notices of all Board meetings must be posted at the School, at the location of the
2040 meeting, on the School's website, and at the M-DCPS Citizen Information Center at least
2041 five (5) days prior to the meeting. The Sponsor will post announcements filed with the
2042 Citizen Information Center on the M-DCPS website on a timely basis.
2043 F) Reasonable Notice of Governing Board Meetings
2044 1) Notice of Governing Board Meetings
2045 The Board shall publish on the School's website a schedule of all Board meetings
2046 for the school year including the date, time and location of meetings. By July 15
2047 annually, the school shall provide the Sponsor the annual schedule of Board
2048 meetings. The school shall provide reasonable notice to the Sponsor of any changes
2049 or cancellation of scheduled meetings.
2050 2) Governing Board Meeting Requirements
2051 For those schools that are in their first year of operation or who have been declared
2052 to be in a state of financial emergency,and/or who have been designated as a school
2053 grade of D or F in any two consecutive or two of any three years, the Board shall
2054 meet at least monthly. The boards for schools that do not meet any of the above
2055 criteria shall meet no less than four times per year. The Board must hold at least
2056 two public meetings per school year in the school district. The meetings must be
2057 noticed, open, and accessible to the public and attendees must be provided the
2058 opportunity to receive information and provide input regarding the School's
2059 operations. The appointed parent representative and charter school Principal or
2060 Director, or his or her equivalent, must be physically present at each meeting.
2061 G) Identification of Governing Board Members
2062 1) Parental Representative Designee
2063 The School's Board must appoint a parent representative to facilitate parental
2064 involvement,provide access to information,assist parents and others with questions
2065 and concerns, and resolve disputes.
2066 (a) The Parent Involvement Designee must reside in the Miami-Dade School
2067 District.
2068 (b) The Parent Involvement Designee may be a Board member, charter school
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2069 employee, or individual contracted to represent the Board.
2070 (c) If the Board oversees multiple charter schools in the same school district,
2071 the Board must appoint a separate individual Parent Involvement Designee
2072 for each charter school in the District.
2073 (d) The Parent Involvement Designee's contact information must be provided
2074 annually in writing to the Sponsor and parents and posted prominently on
2075 the School's website.
2076 H) Website
2077 The School shall maintain a website that clearly provides information about the School's
2078 academic performance and state accountability grades(s),the names of the Board members,
2079 Board meeting schedule for the current school year, school programs, the management
2080 company and/or service providers associated with the School, the School's annual budget
2081 and annual independent fiscal audit, and, on a quarterly basis, the minutes of Board
2082 meetings.
2083 SECTION 9: EDUCATION SERVICE PROVIDER
2084 A) Education Service Provider Agreement
2085 1) School Use of ESP Services
2086 (a) The contract between the School and the education service provider/
2087 management company (ESP) shall require that the ESP operate the School
2088 in accordance with the terms stipulated in this Charter and all applicable
2089 laws, ordinances, rules, and regulations. The contract between the School
2090 and the ESP shall allow the School the ability to terminate the contract with
2091 the ESP.
2092 (b) Neither employees of the ESP nor families of employees of the ESP, Section
2093 1002.33(24),F.S., shall serve on the Board or as officers of the Corporation.
2094 (c) The School Leader shall be employed by the educational management
2095 company and evaluated by the City Manager. The School Leader shall not
2096 own, operate, or serve as an officer of the ESP that serves the School.
2097 (d) The contract between the ESP and the City shall ensure that an "arms-
2098 length," performance-based relationship exists between the City and the
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2099 ESP.
2100 (e) The contract between the School and the ESP shall require that the ESP
2101 disclose to the School and the Sponsor, any affiliations with individuals or
2102 entities (e.g. lessors, vendors, consultants, etc.) doing business with the
2103 School.
2104 (f) The contract shall obligate the School to pay the ESP a reasonable, specific
2105 fee for services.
2106 (g) Any default or breach of the terms of this Charter by the ESP shall constitute
2107 a default or breach by the School under the terms of the Charter between
2108 the School and Sponsor.
2109 2) Submission of ESP Agreement
2110 The contract between the management company and the School shall be submitted
2111 to the Sponsor prior to the approval of the School's Charter, or at the time an ESP
2112 is contracted.
2113 3) Amendments to ESP Contract
2114 All proposed amendments to the contract between the school and the ESP must be
2115 submitted to the Sponsor prior to execution. Material changes to the original
2116 mission of the school's scope of services, or in the ESP,may require an amendment
2117 to this Charter.
2118 4) ESP Contract Amendments
2119 If the School and the ESP amend their contract in a manner that results in a material
2120 change to the charter, this Charter will require modification through the contract
2121 amendment process.
2122 5) Change of ESP
2123 If the School changes ESP companies, a Charter modification may be required.
2124 SECTION 10: HUMAN RESOURCES
2125 A) Hiring Practices
2126 The School shall implement the plan, policies and procedures including how the School
2127 will determine whether any potential employees are related to ESP owners or employees
2128 or to Board members, as described in the approved Application. The School agrees that its
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2129 employment practices shall be nonsectarian.
2130 1) Reporting Staffing Changes
2131 The School shall provide the Sponsor with the names and social security numbers
2132 of all applicants the School is interested in employing prior to the commencement
2133 of employment. The School shall provide the Sponsor copies of monthly payroll
2134 rosters as directed. The payroll rosters shall indicate the payroll period,hire date of
2135 employee, the number of days that each individual was paid for, and the daily rate
2136 of each salary or the total amount paid to each individual during that period. Failure
2137 to provide this information in a timely manner where such failure continues after
2138 written notice from the Sponsor may result in withholding of FTE payments until
2139 the information is provided and shall constitute a breach of this Charter and good
2140 cause to terminate the Charter. The parties agree that the School will use the
2141 Sponsor's specifically-designed charter school employee management system and
2142 procedures for processing staff information. The Sponsor shall provide appropriate
2143 training to School personnel on the use of the electronic reporting facility.
2144 2) Non-Discriminatory Employment Practices
2145 The City and the School shall provide equal opportunity in employment, in
2146 accordance with Title VII and the Sponsor's antidiscrimination rules and policies.
2147 3) Instructional Personnel
2148 All instructional staff, including substitutes and paraprofessionals, employed by or
2149 under contract to the School shall be certified as required by Chapter 1012, F.S.,
2150 and shall meet all requirements for highly qualified/effective instructional
2151 personnel as defined by the Every Student Succeeds Act(ESSA). The School may
2152 employ or contract with skilled selected non-certified personnel to provide
2153 instructional services or to assist instructional staff members as education
2154 paraprofessionals in the same manner as defined in Chapter 1012, F.S. Staff
2155 resumes/biographies shall be available to parents/guardians and community
2156 members upon request. The School shall provide continuing professional
2157 development programs for its teachers.
2158 (a) The School shall not employ an individual for instructional services if the
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2159 individual's certification or licensure as an educator is suspended or
2160 revoked by this or any other state. The School shall monitor teacher
2161 certification and ensure that teachers maintain their certification current at
2162 all times. Temporary instructors employed by the School must have met all
2163 requirements as defined in Chapter 1012.35, F.S.
2164 (b) In accordance with Section 1002.33 (12)(f), F.S., a charter school may not
2165 knowingly employ an individual who has resigned from a school district in
2166 lieu of disciplinary action with respect to child welfare or safety,or who has
2167 been dismissed for just cause by any school district with respect to child
2168 welfare or safety.
2169 (c) For blended-learning programs, instructional personnel may be employees
2170 of the charter school or may be contracted to provide instructional services.
2171 At a minimum, the instructional personnel must hold state certification as
2172 required by Section 1012.55, F.S., or school district adjunct certification
2173 under Section 1012.57, F.S., for the subject area of the blended learning
2174 course.
2175 (d) The School shall comply with Sections, 1012.22(l)(a), 1012.335, and
2176 1012.34, F.S., relating to employee contracts, compensation and salary
2177 schedules, workforce reductions and performance evaluations. The School
2178 shall not enter into a contract with an employee that exceeds the term of this
2179 Charter or include payment acceleration clauses based upon notification of
2180 non-renewal or termination.
2181 4) Fingerprinting and Background Screening
2182 (a) Pursuant to Sections 1012.32(2)(a), 1002.33(12)(a), 1012.465, 1012.56,
2183 and 435.04, F.S., the School shall fingerprint for level 2 screening of all
2184 applicants, for instructional and non-instructional positions, that the School
2185 intends to employ. Additionally, the School agrees that each of its
2186 employees, representatives, agents, subcontractors, education service
2187 providers, or suppliers who are permitted access on school grounds when
2188 students are present, who have direct contact with students or who have
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2189 access to or control of school funds must meet level 2 screening
2190 requirements as required.
2191 (b) The Sponsor shall perform the processing of each applicant's fingerprints.
2192 The School or the applicant shall bear any and all costs associated with the
2193 required fingerprinting and level 2 background screening.
2194 (c) The School shall not hire school employees prior to the Sponsor's receipt
2195 and review of the fingerprinting and level 2 background screening results
2196 of the charter school applicants from the Florida Department of Law
2197 Enforcement and the Federal Bureau of Investigation. Potential School
2198 employees shall submit official court dispositions for criminal offenses of
2199 moral turpitude listed as part of their fingerprint results. The School shall
2200 not hire applicants whose fingerprint check and level 2 screening results
2201 reveal non-compliance with standards of good moral character.
2202 Noncompliance may result in withholding of FTE payments, without
2203 interest, and shall constitute good cause to terminate this Charter.
2204 (d) The School shall conduct general drug screening on all applicants for
2205 instructional and non-instructional positions, including contracted
2206 personnel,pursuant to the Sponsor's School Board Policy 1124, Drug-Free
2207 Workplace, and the Miami-Dade County Public Schools' Policy 1124,
2208 Drug-Free Workplace(Appendix P).A negative drug screening result shall
2209 be a requirement and prerequisite for employment. The cost of drug
2210 screening shall be borne by the School or the applicant.
2211 5) Hiring Prohibition
2212 In accordance with Section 1002.33(12)(f), F.S., a charter school may not
2213 knowingly employ an individual who has resigned from a school district in lieu of
2214 disciplinary action with respect to child welfare of safety, or who has been
2215 dismissed for just cause by any school district with respect to child welfare or
2216 safety.
2217 B) Employment Practices
2218 1) Statutory Prohibition and Required Disclosure regarding Hiring of Relatives
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2219 The School and its employees shall comply with state law prohibiting the
2220 employment of relatives which prohibits the appointment,employment,promotion,
2221 or advancement, or the advocacy for appointment, employment, promotion, or
2222 advancement in or to a position in the charter school in which the personnel are
2223 serving or over which the personnel exercises jurisdiction or control of an
2224 individual who is a relative.
2225 2) Self-Reporting of Arrests
2226 The School shall require all instructional employees who hold Department of
2227 Education teaching certificates to self-report within 48 hours to appropriate
2228 authorities,including the School's Administration or the Board,any arrest and final
2229 dispositions of such arrest other than minor traffic violations.
2230 3) Standards of Behavior
2231 The School shall prohibit employees from bringing firearms onto School property.
2232 The School shall be responsible for the investigation and discipline of any School
2233 employee who may be in violation of this prohibition.
2234 4) Code of Ethics
2235 The School shall require that its employees abide by the Florida Code of Ethics of
2236 the Education Profession in Florida, and Principles of Professional Conduct for the
2237 Education Profession in Florida(Appendix Q). The School shall be responsible for
2238 the investigation and discipline of any School employee who violates this
2239 prohibition.
2240 5) Personnel Policy
2241 The School shall comply with its School's Personnel Policy (Appendix R) for
2242 selecting and employing personnel.
2243 6) Collective Bargaining
2244 School employees shall have the option to bargain collectively and may collectively
2245 bargain as a separate unit or as part of the existing School District collective
2246 bargaining unit as determined by the structure of the School.
2247 7) Immigration Status
2248 The School shall employ only individuals legally authorized to work in the United
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2249 States pursuant to federal immigration laws and USCIS regulations.
2250 8) Employee Discipline
2251 The School shall discipline its employees pursuant to state law and rules and any
2252 applicable federal laws. The School shall apply thorough, consistent, and even-
2253 handed procedures in disciplinary actions. Terminated employees are entitled to
2254 receive compensation for the time they have been employed.
2255 9) Employee Evaluation
2256 The School shall annually evaluate all instructional employees pursuant to state
2257 law.
2258 C) Sponsor Training of School's Employees
2259 1) Participation and Cost for Training Activities
2260 (a) Participation in federally funded training: The Sponsor shall provide
2261 federally funded professional development activities to school employees
2262 at no cost to the School.
2263 (b) Participation in non-federally funded training: The Sponsor shall
2264 provide professional development activities to school employees on a space
2265 available basis. The School shall pay all additional costs associated with
2266 such activities and the same rates and reimbursement calculations currently
2267 charged to the Sponsor.
2268 SECTION 11: REQUIRED REPORTS/DOCUMENTS
2269 The School shall provide all required reports and documents as specified in Appendix S. The
2270 Sponsor may require the School to provide additional reports and/or documents if necessary.
2271 SECTION 12: MISCELLANEOUS PROVISIONS
2272 A) Impossibility
2273 Neither party shall be considered in default of this Charter if the performance of any section
2274 or all of this Charter is prevented, delayed, hindered or otherwise made impracticable or
2275 impossible by reason of any strike, flood, hurricane,riot, fire, explosion, war, act of God,
2276 sabotage, accident or any other casualty or cause beyond either party's control, and which
2277 cannot be overcome by reasonable diligence and without extraordinary expense.
2278 B) Notice of Claim
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2279 1) Time to Submit
2280 At least thirty (30) days prior to the initial opening day of classes, the School shall
2281 furnish the Sponsor with fully completed Certificate(s) of Insurance signed by an
2282 authorized representative of the insurer(s)providing all required coverage.
2283 2) Notification of Cancellation
2284 The School shall notify the Sponsor in writing of cancellation of insurance within
2285 ten (10) days of the cancellation.
2286 3) Renewal/Replacement
2287 Until such time as the insurance is no longer required to be maintained by the
2288 School, the School shall provide the Sponsor with evidence of the renewal or
2289 replacement of the insurance no less than thirty (30) days before the expiration or
2290 termination of the required insurance.
2291 C) Drug-Free Workplace
2292 The School shall be a drug-free workplace.
2293 D) Entire Agreement
2294 This Charter shall constitute the full, entire, and complete agreement between the parties.
2295 All prior representations, understandings, and agreements whether written or oral are
2296 superseded and replaced by this Charter. This Charter may be altered, changed, added to,
2297 deleted from, or modified only through the voluntary, mutual consent of the parties in
2298 writing. Any substantial amendment to this Charter shall require approval of the School
2299 Board.
2300 E) No Assignment
2301 This Charter shall not be assigned by either party. The School may,without the consent of
2302 the Sponsor, enter into contracts for services with an individual or group of individuals
2303 organized as a partnership or cooperative so long as the School remains ultimately
2304 responsible for those services as set forth in this Charter.
2305 F) No Waiver
2306 No waiver of any provision of this Charter shall be deemed or shall constitute a waiver of
2307 any other provision unless expressly stated. The failure of either party to insist in any one
2308 or more instances upon the strict performance of any one or more of the provisions of this
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2309 Charter shall not be construed as a waiver or relinquishment of the term or provision, and
2310 the same shall continue in full force and effect. No waiver or relinquishment to any
2311 provision of this Charter shall be deemed to have been made by either party unless in
2312 writing and signed by the parties.
2313 G) Default
2314 Non-compliance with any of the terms and conditions of this Charter may constitute good
2315 cause for termination.
2316 H) Survival Including Post-Termination
2317 All representations and warranties made in this Charter shall survive termination of this
2318 Charter.
2319 I) Severability
2320 If any provision or any section of this Charter is determined to be unlawful,void or invalid,
2321 that determination shall not affect any other provision or any section of any other provision
2322 of this Charter and all remaining provisions shall continue in full force and effect.
2323 ,n Third Party Beneficiary
2324 This Charter is not intended to create any rights of a third-party beneficiary. This clause
2325 shall not be construed, however, as contrary to any statutory or constitutional right
2326 possessed by a member of the community, a student, or parent/guardian of a student of the
2327 School.
2328 I) Choice of Laws
2329 This Charter is made and entered into in the State of Florida and shall be interpreted
2330 according to the laws of Florida, with venue in Miami-Dade County. The parties mutually
2331 agree that the language and all parts of this Charter shall in all cases be construed as a
2332 whole according to its fair meaning, and not strictly for or against any of the parties.
2333 L) Notice
2334 Every notice, approval, consent or other communication authorized or required by this
2335 Charter shall not be effective unless it is in writing and sent postage prepaid by United
2336 States mail, directed to the other party at the address provided or such other address as
2337 either party may designate in writing from time to time:
2338 Aventura City of Excellence Charter School
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2339 The City of Aventura and City Manager
2340 19200 West Country Club Drive
2341 Aventura, Florida 33180
2342
2343 Aventura Charter High School
2344 Principal
2345 3401 N. E. 213 Street
2346 Aventura, Florida 33180
2347
2348 The School Board of Miami-Dade County, Florida
2349 Attn.: Superintendent
2350 1450 N.E. 2nd Avenue, Suite 931
2351 Miami, Florida 33132-1308
2352
2353 And copies of all Notices to:
2354
2355 Clerk of the School Board
2356 1450 N.E. 2nd Avenue, Suite 268B
2357 Miami, Florida 33132-1308
2358
2359 M) Authority
2360 Each of the persons executing this Charter represent and warrant that they have the full
2361 power and authority to execute the Charter on behalf of the party for whom he or she signs
2362 and that he or she enters into this Charter of his or her own free will and accord and with
2363 his or her own judgment, and after consulting with anyone of his or her own choosing,
2364 including but not limited to his or her attorney. The School and the Sponsor both represent
2365 that they have been represented in connection with the negotiation and execution of this
2366 Charter and they are satisfied with the representation.
2367 N) Conflict/Dispute Resolution
2368 1) Contractual Conflicts
2369 If a conflict arises out of the terms, construction, or rights or obligations contained
2370 in this Charter, the Sponsor or the School may either use the Dispute Resolution
2371 Procedure (Appendix T), or pursuant to Section 1002.33(7)(a) and (b), F.S. This
2372 provision does not apply to non-renewals or terminations.
2373 2) School Stakeholder Conflicts
2374 All conflicts between the School and the parents/legal guardians of the students
2375 enrolled at the School shall be handled by the School or its Board. Evidence of each
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2376 parent's/guardian's acknowledgement of the School's Parent Conflict Resolution
2377 Process shall be available for review upon request by the Sponsor.
2378 3) Contractual Priority
2379 In the event of any conflict between the provisions of this Charter and any appendix,
2380 this Charter shall prevail.
2381 O) Citations
2382 All citations of legal authority and School Board Policy 9800, Charter Schools (Appendix
2383 C), shall refer to those in effect when this Charter is executed, as amended from time to
2384 time. Citations to all other School Board Policies shall refer to the policy in effect at the
2385 time this Charter is approved unless the parties agree to subsequent amendments.
2386 P) Headings
2387 Headings in the Charter are for convenience and reference only and in no way define,limit,
2388 or describe the scope of the Charter and shall not be considered in the interpretation of the
2389 Charter or any provision hereof.
2390 Q) M-DCPS Police
2391 MDCPS School Police may accompany District officials in executing the Sponsor's
2392 monitoring responsibilities and other official business.
2393
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IN WITNESS WHEREOF, the parties hereto have executed this Charter as of the day and year
first above written.
ATTEST: THE CITY OF AVENTURA, FLORIDA
AVENTURA CHARTER HIGH SCHOOL (MSID TBD)
2394
2395
By: By:
Signature of Date Signature of Date
City Clerk/Secretary City of Aventura
Name: Name:
City Clerk/Secretary City of Aventura
2396
2397
ATTEST: THE SCHOOL BOARD OF MIAMI - DADE COUNTY, FLORIDA
2398
2399
By: By:
Signature of Secretary Date Signature of Board Chair Date
2400
2401
Name: Name:
Secretary Board Chair
2402
2403
Approved as to Form and Legal Sufficiency:
By:
School Board Attorney Date
Name:
School Board Attorney
2404
95 1 P age AVENTURA CHARTER HIGHSCHOOL (MSID TBD)
Contractual Agreement
PATE, 201 4
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Joanne Carr, AICP, Interim City Manag4
DATE: September 14, 2018
SUBJECT: Motion Approving Acceptance of Donation of Art Exhibition
September 20, 2018 City Commission Meeting Agenda Item 4
Recommendation
It is recommended that the City Commission approve the following motion:
"Motion Approving Acceptance of Donation of "Aventura the City of
Excellence" Art Exhibition from the Artists and Banco do Brasil
Americas"
Background
The exhibition entitled "Aventura the City of Excellence Art Exhibition" was originally part
of the Banco do Brasil Americas Cultural Series program. The art, consisting of 18 pieces,
has been offered as a donation by the artists and Banco do Brasil Americas, to the City
of Aventura.
ti);
This cxllibi(ion cnlillcd
"aven [ura the City of Excellence"
is originally part of tete Banco do Brasil Americas Cultural Series grogram.
With , great pleasure the art was donated by the artists and
Banco do Brasil Americas to Aventura's City Hall.
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