Resolution No. 2018-79 Authorizing Approval of Aventura Charter High School Contractual Agreement with Miami-Dade County School Board - September 20, 2018 RESOLUTION NO. 2018-79
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 Vice Mayor Mezrahi, who moved its
adoption. The motion was seconded by Commissioner Dr. Marks, and upon being put
to a vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Gladys Mezrahi Yes
Mayor Enid Weisman Yes
City of Aventura Resolution No. 2018-79
PASSED AND ADOPTED this 20th day of September, 2018.
ENID WEISMAN, MAYOR
AVe
' — •
* iii *
ATTEST:
ELLISA L. HORVA C
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
kn)
CITY ATTORNEY
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CHARTER SCHOOL CONTRACT
BETWEEN
THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA
AND
THE CITY OF AVENTURA, FLORIDA
DON SOFFER AVENTURA CHARTER HIGH SCHOOL (MSID 7026)
Standard Charter School Contract
History:
Application: December 6, 2017
CRC: September 17, 2018
Contract: November 20, 2018 (To (a) approve an initial charter contract for a 15-
year term and, (b) change the school's name from Aventura Charter High
School to Don Soffer Aventura Charter High School commencing July 1,
2019, and ending June 30, 2034)
Bp2/2018(Muni)
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DON SOFFER AVENTURA CHARTER HIGH SCHOOL (MSID 7026)
STANDARD CHARTER SCHOOL CONTRACT
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
5) Expenditures 25
6) Final Audit 25
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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 31
B) Student Promotion 31
1) Student Progression Plan 31
2) Graduation Requirements 32
3) Accreditation 32
4) Other Assessment Tools 32
C) Data Access and Use 32
1) Access to Facilities, Records, and Data 32
2) Sponsor Use of Required Assessment Data 33
3) Acceptable Use Policy 33
D) Advanced Academics 33
1) Dual Enrollment 33
2) Preliminary Scholastic Aptitude Test (PSAT) 34
3) Advanced Placement Examinations 34
SECTION 3: STUDENTS 35
A) Eligible Students 35
B) Grades Served 35
C) Class Size 35
D) Annual Projected Enrollment 35
1) Student Enrollment— 35
2) High-Performing Charter Schools 35
3) Minimum Enrollment Requirements -N/A 36
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4) Deferred Opening and Student Enrollment—N/A 36
5) Required Instructional Minutes 37
6) Enrollment Capacity 37
7) Annual Enrollment 37
E) Admissions and Enrollment Plan 38
1) Recruitment 38
2) Enrollment Consent 39
3) Enrollment Lottery and Wait List Documentation 39
4) Student Information 40
5) Articulation Agreement 40
E) Maintenance of Student Records 40
1) Student Records 40
2) Transfer of Student Cumulative Records 40
3) Transfer of Student Cumulative Records Upon Student Enrollment
Termination 41
4) Transmittal of Educational Records 41
G) Exceptional Student Education 41
1) Non-Discrimination 41
2) Sponsor Responsibilities 42
3) School Responsibilities 43
4) Services Covered by the Administrative Fee 45
5) Due Process Hearing 45
6) Reimbursement for Services 47
H) Withdrawal Policies and Procedures 48
1) Involuntary Student Withdrawal 48
2) Voluntary Student Withdrawal 48
I) Discipline 48
1) Code of Student Conduct(COSC) 48
2) Learning Environment 48
3) Corporal Punishment 49
4) Student Expulsion 49
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5) Legal Costs 49
J) English Language Learners 49
SECTION 4: FINANCIAL ACCOUNTABILITY 49
A) Revenue 49
1) Basis for funding 49
2) Federal Funding 54
3) Charter School Capital Outlay Funds 57
B) Administrative Fee 57
1) Allowable Withholding 57
2) Sponsor Use of Administrative Fee 58
3) Access to Optional Sponsor Services 58
4) Provision of School Lunches 58
C) Restriction on Charging Tuition 58
D) Allowable Student Fees 58
1) Use of Student Fees 58
2) Fee Schedule 58
3) Student Fee Documentation 59
4) Parent Donations 59
E) Budget 59
1) Annual 59
2) Amended Budget 59
F) Financial Records,Reports and Monitoring 59
1) Maintenance of Financial Records 59
2) Financial and Program Cost Accounting and Reporting 60
3) Financial Reports 60
4) School's Fiscal Year 62
5) Financial Recovery/Corrective Plan 62
6) Submission Process 63
7) Additional Monitoring 63
G) Financial Management of Schools 63
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1) Financial Management and Oversight Responsibilities 63
2) Taxes and Bonds 63
3) Additional Financial Requirements 64
4) Utilization of the Sponsor 64
5) Transfers/Advances, Grants, and/or Loans 64
6) Bank Transfer Information 64
H) Description of Internal Audit Procedure 65
SECTION 5: FACILITIES 65
A) Prior Notification 65
1) Deadline to Secure Facility 65
2) Deadline to submit zoning approvals and Certificate of Occupancy 65
3) Government Inspections of Facility 66
4) Sponsor Inspection of Facility 66
B) Compliance with Building and Zoning/Requirements 66
1) Florida Building Code 66
2) Florida Fire Prevention Code 67
3) Applicable Laws 67
4) Capacity of Facilities 68
5) Leased facilities 68
6) Emergencies 69
C) Location 69
I) School's Street Address 69
2) Temporary Facility (if applicable) 69
3) Relocation 69
4) Additional Campuses or Facilities, if applicable. 69
D) Prohibition to Affix Religious Symbols 70
SECTION 6: TRANSPORTATION 70
A) School Responsibilities 70
B) Reasonable Distance 70
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C) Compliance with Safety Requirements 70
D) Fees 70
E) Private Transportation Agreement 71
F) Reimbursement for School Provided Transportation 71
G) Failure to Comply 71
SECTION 7: INSURANCE AND INDEMNIFICATION 71
A) Indemnification of Sponsor 71
1) Indemnification for Professional Liability 72
2) Notification of Third Party Claim, Demand, or Other Action 72
3) Indemnity Obligations 73
B) Indemnification of School 73
C) Acceptable Insurers 73
1) Acceptable Insurance Providers 73
2) Insurance Provider Compliance 73
3) Minimum Insurance Requirements 73
D) Commercial and General Liability Insurance 74
1) Liabilities Required 74
2) Minimum Limits 74
{ 3) Deductible/Retention 74
4) Occurrence/Claims 74
5) Additional Insured 74
E) Automobile Liability Insurance 75
1) Coverage 75
2) Occurrence/Claims and Minimum Limits 75
F) Workers' Compensation/Employers' Liability Insurance 75
1) Coverage 75
2) Minimum Limits 75
G) School Leader's Errors and Omissions Liability Insurance 76
1) Form of coverage 76
2) Coverage Limits 76
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3) Occurrence/Claims 76
H) Property Insurance 76
1) Structure Requirements 76
2) Additional Requirements 77
3) Business Personal Property Insurance 77
I) Applicable to All Coverage 77
1) Other Coverage 77
2) Deductibles/Retention 77
3) Subcontractors 77
4) Default Upon Non-Compliance 77
SECTION 8: GOVERNANCE 78
A) Public or Private Employer 78
B) Governing Board Responsibilities and Organization Composition 78
1) Organizational Plan 79
2) School Fiscal Agent 80
3) Student/Parent Contract 80
4) Governing Board Reporting 80
5) Governance Training 80
6) Employment of Relatives 80
C) Public Records 81
D) Reasonable Access to Records by Sponsor 81
E) Sunshine Law 81
F) Reasonable Notice of Governing Board Meetings 81
1) Notice of Governing Board Meetings 81
2) Governing Board Meeting Requirements 81
G) Identification of Governing Board Members 82
I) Parental Representative Designee 82
H) Website 82
SECTION 9: EDUCATION SERVICE PROVIDER 82
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A) Education Service Provider Agreement 82
1) School Use of ESP Services 82
2) Submission of ESP Agreement 83
3) Amendments to ESP Contract 83
4) ESP Contract Amendments 84
5) Change of ESP 84
SECTION 10: HUMAN RESOURCES 84
A) Hiring Practices 84
1) Reporting Staffing Changes 84
2) Non-Discriminatory Employment Practices 84
3) Instructional Personnel 85
4) Fingerprinting and Background Screening 86
5) Hiring Prohibition 87
B) Employment Practices 87
1) Statutory Prohibition and Required Disclosure regarding Hiring of Relatives
87
2) Self-Reporting of Arrests 87
3) Standards of Behavior 87
4) Code of Ethics 87
5) Personnel Policy 88
6) Collective Bargaining 88
7) Immigration Status 88
8) Employee Discipline 88 _..
9) Employee Evaluation 88
C) Sponsor Training of School's Employees 88
1) Participation and Cost for Training Activities 88
SECTION 11: REQUIRED REPORTS/DOCUMENTS 88
SECTION 12: MISCELLANEOUS PROVISIONS 89
A) Impossibility 89
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B) Notice of Claim 89
1) Time to Submit 89
2) Notification of Cancellation 89
3) Renewal/Replacement 89
C) Drug-Free Workplace 89
D) Entire Agreement 89
E) No Assignment 90
F) No Waiver 90
G) Default 90
H) Survival Including Post-Termination 90
I) Severability 90
J) Third Party Beneficiary 90
K) Choice of Laws 91
L) Notice 91
M) Authority 91
N) Conflict/Dispute Resolution 92
1) Contractual Conflicts 92
2) School Stakeholder Conflicts 92
3) Contractual Priority 92
0) Citations 92
P) Headings 92
Q) M-DCPS Police 92
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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- Chatter 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.u sf.edu/resources/format/pdf/MedlcaidCertitied School Match Dec2005.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 quides/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.0rq/core/fileparse.php17704/urlY0070866-auditor selection tap.pdf
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-f1/
Appendix Q- Florida Code of Ethics of the Education Profession in Florida and Principles
of Professional Conduct for the Education Profession in Florida
http:/lwww.fldoe.orq/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
http://ehandbooks.dadeschools.net/policies/135.pdf
Appendix V—Corrective Action Plan (If applicable)
*Indicates appendices provided by the School.
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DON SOFFER AVENTURA CHARTER HIGH SCHOOL (MSID 7026)
STANDARD CHARTER SCHOOL CONTRACT
SECTION I: GENERAL PROVISIONS
This STANDARD CHARTER SCHOOL CONTRACT (Contract or Charter) entered into as of
the 10th day of October 2018, is between The School Board of Miami-Dade County, Florida,
(Sponsor), and the City of Aventura, Florida, a Political Subdivision of the State of Florida,
(School)and operator of Don Softer Aventura Charter High School (MSID 7026). This Charter is
limited to the School's location and is effective upon approval by the School Board. The seven
duly elected representatives of The City of Aventura(City) Commission will serve as the School's
Board of Directors (Board).
A) Approved Application
The Official Charter School Application approved by the School Board on December 6,
2017, is attached as Appendix A. All attached appendices are incorporated by reference
and made a part of this Charter.
B) Term
The term shall be for fifteen 05) years commencing on July 1, 2019 and ending on June
30,2034. The term of a high performing charter school, as defined by §1002.33,F.S.,shall
be modified if the School receives a school grade of"C" or below in any two years during
the term of the charter.
1) Start-Up Date/School Calendar
(a) Pursuant to law, the school may defer the opening to provide time for
------ - - --- adequate facility planning. Upon election to defer the school opening, the
charter school's authorized representative shall notify the Sponsor, in
writing, indicating (1) the deferral status as provided by law, and (2) the
proposed first day of the school. Additionally, in order to appropriately plan
for the opening of schools and correctly project student enrollment for the
upcoming school year, any charter school with an approved application or
contract that indicates that they will defer opening will provide the district
with a status report by March 1 of the year they were approved to open. This
informational status report shall include a timeline that will include all key
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operational items and milestones. The applicant shall be required to continue
to provide periodic status reports and make allowances for site visits, when
applicable. This Charter shall expire if the applicant does not open on: (1)
the first day of school of the school year indicated in this Charter, or (2)the
first day of the school year indicated in the school's deferral notice, subject
also to the facility documentation required by this Charter and law. The
Sponsor shall provide notice of expiration to the school.
(b) For a new charter school, the school's calendar shall be consistent with the
beginning of the Sponsor's school calendar for the first year of operation.
For every year thereafter and for all other charter schools, if the School's
calendar will not be consistent with the beginning of the Sponsor's public
school's calendar, the school shall provide at least 15-day notice to the
Sponsor prior to opening of their school year. The School shall provide
instruction for at least the number of days and the minimum number of
instructional minutes required by law for other public schools. Instructional
days beyond the minimum must be submitted to the Sponsor for review and
approval no later than 15 business days prior to the first day of the school
year. Changes that may be requested during the school year must be
approved by the Sponsor. After the School's calendar is approved, any
subsequent modification must be approved by the Sponsor prior to
implementation.
(c) Deadline for Submission of Pre-Opening Checklist Items: No later than
fifteen(15) days prior to the initial use of a facility by the School,the School
shall have an approved charter and provide evidence of all necessary permits,
licensing, zoning, use approval, facility certification and other approvals
required by the local government. Failure to comply shall result in automatic
rescission of the Charter with notice to the School and no further action
required of the Sponsor.
2) Charter Modification
This Charter, regardless of the School's high-performing designation, may not be
modified unless approved by both parties in writing pursuant to School Board
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Policy 9800, Charter Schools(Appendix C). Whenever a charter is amended it shall
be updated using the Sponsor's standard charter and to comply with current School
Board policies except for certain amendments such as amendments necessitated by
Sponsor's policy amendments, a high-performing charter school's enrollment
increase, school consolidation amendments, and other amendments as determined
by the Sponsor.
3) Charter Renewal
(a) Prior to renewal of this charter, the Sponsor shall perform a program review
to determine the level of success of the School's current academic program,
achievement of the goals and objectives required by state accountability
standards and successful accomplishment of the criteria under Section
1002.33(7)(a), F.S., the viability of the organization, compliance with the
terms of the charter, and that none of the statutory grounds for nonrenewal
exist.
(b) Any charter school seeking renewal shall complete a charter renewal
application as provided by law and the Sponsor's renewal process. The
application shall include documentation for the items listed above.
(e) Renewals shall be for a term for a term of five (5)years unless another term
is mutually agreed upon, required, or allowed by law. Upon approval, the
contract will be renewed following the contract negotiation process in
current School Board policy.
C) Educational Program and Curriculum: _.
1) General
(a) The School shall implement its educational and related programs as
specified in the School's Official Charter School Approved Application
(Appendix A), including the School's curriculum, the instructional
methods, any distinctive instructional techniques to be used, and the
identification and acquisition of appropriate technologies needed to
improve educational and administrative performance, which include a
means for promoting safe,ethical,and appropriate uses of technology which
comply with legal and professional standards. The School shall ensure that
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reading is a primary focus of the curriculum and that resources are provided
to identify and provide specialized instruction for students who are reading
below grade level. Further, the curriculum and instructional strategies for
reading shall be consistent with applicable State and Federal Standards and
grounded in scientifically-based reading research. Updates, revisions,
and/or changes to the curriculum programs described in the application and
as requested by the Sponsor as a condition of the application's approval are
incorporated as part of the Official Charter School Approved Application
included as Appendix A. Any request to change the School's curriculum
must be submitted to the Sponsor in writing, comply with all applicable
laws and be approved by the Sponsor before the changes are implemented.
(b) The School will not adopt and implement with fidelity, the Sponsor's K-l2
Comprehensive Research-Based Reading Plan (CARP), Section 1011.62,
F.S., and Rule 6A-6.053, F.A.C., including all instructional materials,
unless it has chosen to use an alternate research-based core reading plan. If
applicable, the School's adopted research-based core reading plan is
attached as Appendix B.
D) Non-Renewal/Caneellafion and Termination
This Charter may be cancelled or terminated during its term for any reason, pursuant to
state law or this Charter. Notices of non-compliance, termination, cancellation and default
may be issued by the Sponsor's Superintendent or the Superintendent's designee.
1) Reasons for Termination/Non-Renewal
The Sponsor may choose to terminate the Charter during its term or not renew the
Charter at the end of the current term, for any of the following reasons:
(a) failure to participate in the state's education accountability system created
in Section 1008.31, F.S., as required in this section, or failure to meet the
° requirements for student performance stated in the Charter;
i
(b) failure to meet generally accepted standards of fiscal management;
(c) violation of law;
(d) other good cause shown or as defined in this Charter;
(e) failure to make sufficient progress in attaining the student achievement
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objectives of the charter and it is not likely that such objectives can be
achieved before expiration of the charter;
(1) failure to correct any material deficiency(ies) of which the Sponsor has
notified the School in writing;
(g) failure to implement a reading curriculum that is consistent with effective
teaching strategies grounded in scientifically-based reading research, and
approved by the Florida Department of Education (FDOE);
(h) receiving a grade of"F" or rating of declining in any two consecutive or
two of any three years;
(i) the School or its representatives are found to have committed a material
fraud on the Sponsor or made a material misrepresentation, either willfully
or recklessly, in the application or this Charter;
(j) failure to timely submit or implement performance objectives and action
plan, a Financial Recovery Plan, or periodic reports specified in the plan(s)
and required by the Sponsor, the State Commissioner of Education or the
State Board of Education;
(k) failure to follow, implement or make progress toward the mission of the
School as stated in the application and this Charter;
(I) failure to deliver the instructional programs or curricula identified in the
application;
(m) failure to make contributions to the Florida Retirement System (FRS) if the
School has elected to be part of the FRS;
(n) having substantial debt resulting in a deteriorating financial condition or
delinquency in payments;
(o) the School files for bankruptcy, is adjudicated bankrupt or insolvent, or is
so financially impaired that the School cannot continue to operate and/or is
no longer able to meet and satisfy its financial obligations;
(p) failure to have an annual audit that complies with the requirements specified
by law and this Charter or to timely submit required financial reports;
(q) failure to meet generally accepted accounting principles;
(r) failure to comply with maximum class size restrictions as required by law;
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(s) failure to maintain insurance coverage as required by this Charter;
(t) violation of any court order relating to matters involving the charter school;
{ (u) criminal conviction on matters regarding the charter school by either the
charter school's Board, its members, collectively where the board knew or
should have known of the conduct underlying the conviction and failed to
take corrective action;
(v) receiving a determination of financial emergency, pursuant to Section
218.503, F.S.;
(w) material violation of the School's corporate by-laws;
(x) illegal or improper student admissions, dismissals, transfers and/or
withdrawal practices as defined by state law, Sponsor's policies, and/or this
Charter;
(y) failure to comply with applicable local, state, or federal rules or regulations
concerning school transportation;
(z) failure to timely comply with all financial reporting requirements and in the
format specified by the Sponsor and the Department of Education;
(aa) violation of the prohibition against members of the Board receiving
compensation, directly or indirectly, from the School's operations,
including but not limited to grant funds;
(bb) failure to fulfill all the requirements for highly qualified instructional
personnel as defined by federal law;
(cc) failure to comply with the timely submission of the annual Florida
Department of Education (FDOE) Charter School Accountability Report;
(dd) failure to timely submit the School Improvement Plan(SIP)to the Sponsor,
if applicable and as required by law;
(ee) failure to allow the Sponsor reasonable access to facilities and records to
review data sources, including collection and recording procedures;
(ft) failure to make adequate progress towards goals and performance
objectives applicable to the School and/or the SIP;
(gg) failure of secondary charter schools to comply with Sections 1003.42 and
1008.25, F.S. (Public School Student Progression; Student Support;
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Reporting Requirements);
(hh) failure to use records and grade procedures that adequately provide the
information required by the Sponsor, FDOE and statute;
(ii) failure to provide Special Education(SPED)students and English Language
Learners(ELL)with programs and services in accordance with federal,state
and local laws;
(jj) admitting or dismissing of students based on a student's academic
performance;
(kk) failure to obtain proof of consent to enroll, withdraw, or transfer each
student from the student's parent / guardian or from the student, if the
student is eighteen (18) years of age or older;
(11) failure to comply with the Florida Building Code and the Florida Fire
Prevention Code, including reference documents, state laws and rules, and
federal laws and rules, as applicable to charter schools;
(mm) failure to comply with all applicable laws, ordinances,and codes of federal,
state, and local governance Individuals with Disabilities Education Act
(IDEA);
(nn) failure to obtain all necessary licenses, permits, zoning, use approval,
facility certification, and other approvals required for use and continued
occupancy of the facility as required by the local government or other
governmental agencies, within the timelines specified by the Sponsor;
(oo) failure to maintain valid licenses, permits, use approval, facility
certification,and any other approval as required by the local government or
any other governmental bodies having jurisdiction at any time during the
term of this Charter;
(pp) violation of Florida Statute 112 Part III, Code of Ethics for Public Officers
and Employees as applicable to Board members and employees;
(qq) violation of the Family Educational Rights and Privacy Act (FERPA) (20
U.S.C. §1232g; 34 CFR Part 99);
(rr) any material violation of assessment administration and security
procedures; and/or
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(ss) failure to maintain accurate and up-to-date personnel data in the Automated
Charter School Employee System (ACES) required to demonstrate
compliance with state and federal mandates for comparability and
maintenance of effort.
2) Non-Renewal/90-day Termination
At least ninety (90) days prior to non-renewal or termination of the Charter, the
Sponsor shall notify the Board, the City Manager and principal in writing. The
notice shall state in reasonable detail the grounds for non-renewal or termination.
(a) Hearing-Within 14 calendar days after receiving the notice,the Board may
request an administrative hearing in front of the Florida Division of
Administrative Hearings (DOAH) by filing a written request with the
School Board Clerk pursuant to School Board Policies 0133, Quasi-
Judicial, and 9800, Charter Schools (Appendix C) and Section
120.54(5)(b), F.S. Legally sufficient requests,shall be forwarded to DOAH.
The DOAH hearing will be conducted pursuant to Florida Statute 1002.33,
and Chapter 120,F.S. Following the DOAH hearing,the administrative law
judge shall submit a final order to the Sponsor.
(b) The Sponsor may send in financial and/or instructional experts to advise
and assist the School in improving the conditions stated in the notice of
termination. Failure to cooperate, or failure to significantly improve the
noted conditions, shall also constitute good cause for termination.
(c) For purpose of notice, the charter Board is the last legitimate roster
submitted by the School to the Sponsor.
(d) The decision by the Board to request a DOAH hearing must be made in a
legally advertised public meeting with a quorum present. Minutes or an
adopted resolution documenting the action must be submitted to the
Sponsor with the request for a DOAH hearing and properly posted.
(e) The Board shall continue to operate the School until a final order
terminating the charter is issued, during which time all provisions of this
Charter shall remain in effect. The closing date shall be negotiated between
the Sponsor and the School, unless otherwise provided for in a final order.
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E) Immediate Termination
1) Student Health, Safety,or Welfare
This Charter may also be terminated immediately if the Sponsor determines that an
immediate and serious danger to the health,safety,or welfare of the charter school's
students exists. Lack of an appropriate facility in which to operate the School may
constitute an immediate and serious danger to the health, safety, or welfare of the
School's students. The Sponsor's determination is subject to the 90-day termination
procedures in Section D(a), (c), and (d) above except that the School must request
a DOAH hearing within ten (10) calendar days upon receiving the notice and the
hearing may take place after the charter has been terminated.
2) Sponsor Notification Responsibilities
Upon immediate termination, the Sponsor shall notify the Board,the City Manager
and principal in writing.
3) Operation of the School
The Sponsor shall operate the School until the issuance of a final order unless the
continued operation of the charter school would materially threaten the health,
safety, or welfare of the students. The Sponsor shall assume and continue operation
pursuant to law. Lack of a facility may constitute a material threat to the health,
safety, or welfare of the students. If the School has no facility at the time of
termination, the Sponsor is not obligated to operate the School.
4) School Access and Documentation Responsibilities
The School shall immediately give to the Sponsor access to the School's facilities,
security-system access codes and access codes for school owned/leased computers
in the School's facilities, all student, educational, operational, and administrative
records of the School including those held by third parties, access to the School's
bank accounts which contain public funds, but specifically excluding funds of the
City of Aventura,a governmental entity, storage facilities, all records, information,
receipts and documentation for all expenditures of public funds, excluding City of
Aventura funds, including but not limited to federal grants such as Title I and
charter school grants, and all public property.
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5) Removal of Funds or Property
The School shall not remove any funds or property purchased with either public or
private funds until the Sponsor has a reasonable opportunity to determine whether
the funds are public or private and whether the property was purchased with public
or private funds. After notice of the Sponsor's decision to terminate, under no
circumstances shall the School remove any property or funds.
6) Disbursement of Funds
The Sponsor shall only disburse school funds in order to pay the normal expenses
of the School as they accrue in the ordinary course of school business.The Sponsor
is not required to use its own funding resources to pay the School's debts.
7) Employees of the School
The School's instructional and operational employees may continue working in the
School during the time that the Sponsor operates the School but will not be
considered Sponsor employees. The Sponsor may take any appropriate personnel
action regarding the School's employees.
F) Post-Termination
1) School
The School shall be dissolved under the provisions of law under which the School
fiwas organized. Student records and copies of all administrative, operational, and
financial records of the School shall be provided to the Sponsor on the date the
termination/non-renewal takes effect. The School shall also provide to the Sponsor
the School's security system and technology access codes.
2) School Furniture, Fixtures, Equipment, and Funds
Any property, improvements, furnishings, and equipment purchased with any
unencumbered public funds (except for City of Aventura funds, capital funds and
federal charter school program grant funds) shall automatically revert to the
Sponsor(subject to any lawful liens and encumbrances). If the School's accounting
records fail to clearly establish whether a particular asset was purchased with public
funds or non-public funds, then it shall be presumed public funds were used and
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ownership of the asset shall automatically revert to the Sponsor.Property and assets
purchased with public funds shall be defined as those goods purchased with grants
and funds provided by a governmental entity but specifically excluding funds of
the City of Aventura, a governmental entity. Public funds provided by the School
and used by a management company to purchase property and assets for the School
are considered public funds.
3) School Debt
The School shall be responsible for all the debts of the school. The Sponsor may
not assume the debt from any contracted services made between the Board of the
School, the Management Company, and/or third parties.
4) Unencumbered Funds
Upon the Sponsor's request,unencumbered public funds from the School excluding
City of Aventura funds, District school board property and any improvements,
furnishings, and equipment purchased with public funds, or financial or other
records pertaining to the School, in the possession of any person, entity, or holding
company other than the School, shall be held in trust upon the District school
board's request until any appeal status is resolved.
5) Expenditures
Upon initial notification of non-renewal, closure, or termination, the School may
not expend more than $10,000 per expenditure without prior written approval from
the Sponsor unless the expenditure was included within the annual budget
submitted to the Sponsor, is for reasonable attorney fees and costs during the
pendency of any appeal, or reasonable fees and costs to conduct an independent
audit.
6) Final Audit
An independent audit shall be completed within 30 days atter notice of termination,
closure,or non-renewal to account for all public funds and assets. During the fiscal
year in which termination or nonrenewal occurs, the School Board of Miami-Dade
County shall withhold from the School's Florida Education Finance Program
(FEFP) funds those monies necessary to pay for a final independent financial audit.
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G) School Election to Terminate or Non-renew
If the School elects to terminate or non-renew the charter, it shall provide notice of the
election to the Sponsor indicating the final date of operation. All post-termination
provisions listed above apply.
SECTION 2: ACADEMIC ACCOUNTABILITY
A) Student Performance: Assessment and Evaluation
1) Initial Year
(a) Expected Outcomes: The educational goals and performance objectives
for improving student achievement will include how much academic
improvement students are expected to show each year,how student progress
and performance will be evaluated and the specific results to be attained, as
described in the approved Application.
(b) Methods of Measurement: The methods used to identify the educational
strengths and needs of students and the educational goals and performance
standards are those specified in the School's approved Application.
(c) Assessments
i) State-Required: Students shall participate in all state assessment
programs. The School shall facilitate required alternate assessments
and comply with state reporting procedures.
ii) Additional: Students shall participate in all District selected
assessment programs in which the District's students in comparable
grades/schools participate and any other assessments as described in
the approved Application. The School will select and implement its
own progress monitoring tool and assessment.
iii) Support: All School personnel involved with any aspect of the
testing process must have knowledge of and abide by state and
Sponsor policies, procedures, and standards regarding test
administration, test security,test audits,reporting of test results and
shall cooperate with any investigations involving the School. The
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School shall comply with the applicable employee screening process
as described in this Charter regarding all individuals who will serve
as test administrators,proctors,and other support personnel required
for accountability testing. The Sponsor shall provide to applicable
school staff all services/support activities that are routinely provided
to the Sponsor's staff regarding implementation of District and
state-required assessment activities, e.g., procedures for test
administration, staff training, dissemination and collection of
materials, monitoring, scoring, analysis, and summary reporting.
The designated School Assessment Coordinator from the School is
required to attend all training sessions and informational meetings
required by the Sponsor. The School shall immediately notify the
Sponsor upon any change in the designated School Assessment
Coordinator.
iv) Technological & Infrastructure: The School shall provide
adequate technological infrastructure to support all required online
test administration and shall timely comply with all state and District
operational readiness evaluations. Failure to comply may result in
costs assessed by the Sponsor to the School for the scheduling of
subsequent evaluations and readiness testing.
2) Annual Goals and Performance Objectives
(a) School Improvement Plan: First year charter schools, and other charter
schools as required by law, may develop and submit a SIP to the Sponsor
within the timelines specified by the Sponsor and the FLDOE.
i) Minimum Components of SIP
1) The School will provide the Sponsor a SIP that is based on
the goals and objectives required by federal and state law and
complies with the guidelines provided by the Sponsor by the
date due established by the State and/or Sponsor. The SIP
shall contain the School's measurable objectives for the
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subsequent school year.
2) The School agrees to the baseline standard of achievement,
the outcomes to be achieved, and the methods of
measurement that have been mutually agreed upon in the
SIP.
ii) Deadline for Governing Board Approval: The Board shall review
and approve the SIP prior to its final submission. Minutes
documenting SIP approval must be taken and posted.
iii) Monitoring: The EESAC and the School Advisory Board shall
develop and monitor the implementation of the SIP. Schools graded
a"D"or"F" in any two consecutive or two of any three years under
the State's school grading system shall implement a corrective
action plan pursuant to Section 1002.33, F.S.
(b) Annual Objectives: Schools that are not required to complete a SIP, shall
provide proposed academic achievement goals and annual objectives as
follows:
i) By October 15,the School shall provide to the Sponsor its proposed
academic achievement goals for the current year. The academic
achievement goals shall include, at a minimum, growth and
proficiency on state assessments and may include performance on
additional assessments included in the approved charter school
Application. If in any year of the Charter, the School will not serve
students in grades that participate in the statewide assessments, the
academic achievement goals shall be based on the assessments
included in the approved Application and at least one assessment
administered for such grades in traditional public schools in the
District.
ii) The Sponsor shall review the proposed academic achievement goals
within 30 days of receipt. If the Sponsor does not accept the
academic achievement goals, it shall provide the School a written
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explanation. If the School and Sponsor cannot agree on academic
achievement goals, either party may request conflict resolution in
accordance with this Charter.
(c) Assessments: Students shall participate in assessment programs as
described in the approved Application.
i) State-required: Students at the School shall participate in all state
assessment programs. The School shall facilitate required alternate
assessments and comply with state reporting procedures.
ii) Reporting: If the School offers advanced academic programs
(International Baccalaureate, Cambridge, Advanced Placement,
and/or Advanced International Certificate of Education Program),
the School shall provide to the Sponsor official examination results
within the timeframe and in the format determined by the Sponsor
and required by law.
iii) Additional: Students shall participate in all District assessment
programs in which the Sponsor's students in comparable
grades/schools participate and any other assessments as described in
the approved Application.
1) The School shall be responsible for all costs associated with
assessments not mandated by the state or covered by federal
funding, such as Title I and IDEA.
--- --- - - 2) - If an Individual Education Plan-(IEP) for a student with -
disabilities, or a 504 Plan for a student who participates in
programs for the gifted, indicates accommodations or an
alternate assessment for participation in a State assessment,
the School will facilitate the accommodations or alternate
assessment and comply with State reporting procedures.
iv) Support: All School personnel involved with any aspect of the
testing process must have knowledge of and abide by state and
Sponsor policies, procedures, and standards regarding test
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administration,test security,test audits,reporting of test results,and
shall cooperate with any investigation involving the School. The
School shall comply with the applicable employee screening process
as described in this Charter regarding all individuals who will serve
as test administrators,proctors,and other support personnel required
for accountability testing. The Sponsor shall provide to applicable
school staff all services/support activities that are routinely provided
to the Sponsor's staff regarding implementation of District and
state-required assessment activities, e.g., procedures for test
administration, staff training, dissemination and collection of
materials, monitoring, scoring, analysis, and summary reporting.
The designated School Assessment Coordinator from the School is
required to attend all training sessions and informational meetings
required by the Sponsor. The School shall immediately notify the
Sponsor upon any change in the designated School Assessment
Coordinator.
3) Termination Based on School Grade or Rating
The Charter shall be terminated if the School receives a state-designated grade of
"F"or a rating of declining in(1)any two consecutive years,or(2)two of any three
years and fails to choose and implement one of the corrective actions in Section
1002.33(9)(n)2. The Charter may be non-renewed or terminated if the School fails
to make adequate academic progress in accordance with state and federal laws.This
provision does not preclude the Sponsor from terminating the Charter for failure to
meet academic standards within the first or any subsequent school year. In addition
to evaluating the School's success in achieving the objectives stated in the SIP
and/or the School's goals and performance objectives, the School shall meet the
state's student performance requirements in accordance with State Board of
Education Rule 6A-1.09981, Implementation of Florida's System of School
Improvement and Accountability, and Sections 1001.02, 1008.33, and 1008.345,
F.S. This accountability criterion shall be based upon the assessment systems of the
School, the Sponsor, and the State.
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3
4) Records and Grades Procedures
The School shall use records and grade procedures that adequately provide the
information required by the Sponsor. The School may use an alternative grading
and recording system, but the system must comply with the State's reporting
guidelines and be approved by the Sponsor. The School will use the Sponsor's
electronic grade book system. If the School chooses to use an application other than
the system in use by the Sponsor, it will be responsible for data entry directly into
the District's student information system for daily attendance and all quarterly
academic, effort, and conduct grades. Schools that use an alternative grade book
system will not be able to upload grade or attendance data to the Information
Technology Services (ITS) department. Schools not uploading will be required to
have a documented procedure in place for communicating attendance and grades to
the data entry clerk, prior to the opening of schools. Schools that opt to use an
alternative grade book system will be required to provide some form of prior year
electronic audit trail. ITS support will not be provided for schools that do not use
the District's electronic gradebook system. The School shall follow the Sponsor's
Elementary School Academic Programs Course Codes and/or Miami-Dade County
Public Schools Authorized Courses for Secondary Schools, as appropriate. If
required pursuant to Section 1006.40(2) F.S., the School shall provide each student
with a current state adopted textbook or other current instructional materials in each
core course,including but not limited to,mathematics,language arts,science,social
studies, reading, and literature. These materials must be provided within the first 2
years of the effective date of the State's textbook adoption cycle.
5) Textbook Inventory
(a) The School will maintain, and have available for review, a current textbook
or digital textbook inventory for core courses which shall include title, date
of adoption cycle, and number of texts and or licenses available and in use.
(b) The School shall provide adequate technological infrastructure to support
and deliver all digital instructional materials.
B) Student Promotion
1) Student Progression Plan
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The School will adopt the Sponsor's Student Progression Plan (SPP) which is
attached as Appendix D. The School shall implement the SPP in effect for the
current operational year. The Sponsor may consider but is not obligated to approve
any exemptions from the SPP requested by the School. Failure to agree on
exemptions shall not be considered a Charter dispute. The School may not
implement any exemptions that are not approved by the Sponsor. If the Sponsor
amends the SPP,the School shall agree to the amendments within ten(10)business
days of being provided notice of amendments by the Sponsor or shall develop and
adopt another SPP approved by the Sponsor. Failure to comply with this provision
may result in withholding of Full-Time Equivalent (FTE) until compliance and
constitutes good cause for termination.
2) Graduation Requirements
The School shall establish a method for determining that a student has satisfied the
requirements for graduation in Sections 1003.42 and 1008.25, F.S., and shall
inform the Sponsor of this method and/or any changes to a previously adopted
method at least one month prior to the beginning of the school year.
3) Accreditation
Secondary schools shall notify the parents and students of the School's
accreditation status and the implications of non-accreditation in a) the School's
student enrollment form; b) the Parent/Student handbook; and c) any
Parent/Student contract. The notification must also be prominently displayed at all
times on the School's website.
4) Other Assessment Tools
The School shall use all other assessment tools as stated in the approved
Application and identified in the annual SIP, if required, or the School's goals and
performance objectives.
C) Data Access and Use
1) Access to Facilities, Records,and Data
The School shall allow the Sponsor reasonable access to its facilities and records to
review data sources, including collection and recording procedures, in order to
assist the Sponsor in making a valid determination about the degree to which
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student performance requirements have been met as stated in the Charter and as
required by Sections 1008.31 and 1008.345, F.S. Furthermore, the School shall
allow the Sponsor to collect data through other means such as surveys to conduct
required research and/or evaluations. The Sponsor shall not impose additional
reporting requirements on the school without providing reasonable and specific
justification in writing to the school and the school shall provide required
responses/data within the timelines that allow the Sponsor to meet required
deadlines.
2) Sponsor Use of Required Assessment Data
The Sponsor shall use results from the state and district required assessment
programs referenced in this Charter,the data elements included in the annual report,
and any other information acquired by the Sponsor to provide the State Board of
Education and the Commissioner of Education the analysis and comparison of the
schools' student performance.
3) Acceptable Use Policy
The School shall adopt student and employee computer and privacy policies and
standards that comply with all applicable state and federal laws. All charter school
employees and students are bound by all of the Sponsor's computer policies and
standards regarding data privacy and system security. The School shall not access,
directly or through a third party, any of the Sponsor's student information unless
and until the student actually enrolls in the School. Violation of this provision
constitutes good cause for termination.
D) Advanced Academics
1) Dual Enrollment
Pursuant to Section 1007.271. F.S., the School may provide dual enrollment
opportunities to any student meeting the eligibility requirements and expressing the
desire to enroll.
(a) Articulation Agreements: If the School chooses to provide a Dual
Enrollment program it shall develop and implement all Dual Enrollment
Articulation Agreements between the School and postsecondary institutions
as required by law. The School shall also develop and implement a plan to
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inform all secondary students and their parents of dual enrollment
opportunities as an educational option and mechanism for acceleration and
shall ensure that dual enrollment courses taught on the high school campus
will not be combined with any high school course. This agreement shall
include the method of payment between the School and the postsecondary
institution and shall be submitted annually to the Department of Education
and the Sponsor by August 1.
(b) Eligible Institutions: Pursuant to Section 1011.62(1), an independent non-
profit college or university that is accredited by a regional or national
accrediting agency recognized by the United States Department of
Education, which confers degrees as defined in Section 1005.02, F.S., shall
be eligible to offer authorized dual enrollment programs.
(c) Funding: Eligible students enrolled in a dual enrollment or early admission
program through Florida College System institutions or other state
universities are exempt from the payment of tuition and fees, pursuant to
Section 1009.25, F.S. The fee exemption includes application, tuition,
laboratory fees, and textbook fees for courses taken through dual
enrollment. The School is responsible for paying all tuition and fees to the
postsecondary institution for dual enrollment courses. The School is also
responsible for paying for all dual enrollment textbooks.
2) Preliminary Scholastic Aptitude Test(PSAT)
(a) Pursuant to Section 1007.35, F.S., each public high school shall provide for
the administration of the PSAT/National Merit Scholarship Qualifying Test
(NMSQT) in the tenth grade.
(b) The School is responsible for the application and receipt of the College
Entrance Examination Board(CEEB)number from the Educational Testing
System (ETS) and shall timely submit confirmation of that number to the
Sponsor.
3) Advanced Placement Examinations
(a) Pursuant to Section 1003.4295, F.S., each high school shall offer an
International Baccalaureate (IB) Program, an Advanced International
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Certificate of Education (AICE), or a combination of at least four courses
in dual enrollment or Advanced Placement(AP), including one course each
in English, mathematics, science, and social studies.
(b) The School shall not charge any fees for participation in AP/IB/AICE
courses or examinations for any AP/IB/AICE courses in which students are
enrolled.
(c) The School shall provide all AP/OB/AICE teachers with training and
professional development opportunities as required by the AP/IB/AICE
syllabus.
SECTION 3: STUDENTS
A) Eligible Students
The School shall be open to any student residing in Miami-Dade County and to students in
other districts. Admission or dismissal must not be based on a student's academic
performance. Enrollment preference will be given to the children of Aventura residents in
accordance with Section 1002.33(10)(d), F.S. The School shall be non-sectarian in its
programs,admissions policies,employment practices and operations.The School will meet
all applicable state and local health, safety, and civil rights requirements.
B) Grades Served
9-12
C) Class Size
The School shall comply with class size restrictions as required by law.
D) Annual Projected Enrollment
The School may give enrollment preference to those student populations identified in
Section 1002.33(10)(d), and may otherwise limit enrollment to target those student
populations identified in Section 1002.33(10)(e)and identified in the approved application.
1) Student Enrollment—
Following is the student enrollment breakdown by year:
(a) Year 1: 2019-2020 — Grades 9 to 10 - up to 400 students
(b) Year 2: 2020-2021 —Grades 9 to 11 - up to 600 students
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(c) Year 3 to 15: 2021-2034 —Grades 9 to 12 - up to 800 students
2) High-Performing Charter Schools
A high performing charter school must have documentation from the
Commissioner of Education designating the School as high-performing pursuant to
Section 1002.331, F.S. A high performing charter school shall notify the Sponsor
in writing by March 1 of the preceding year if it intends to increase enrollment
beyond the enrollment stated in this charter and/or to expand grade levels the
following year. The School shall not, however, enroll students beyond the facility
capacity. The written notice shall specify the amount of the enrollment increase,
the grade levels that will be added,and evidence of the official facility capacity. To
increase enrollment and add grade levels, this Charter must be amended through
the Sponsor's current charter amendment process for these types of amendments in
School Board Policy 9800, Charter Schools (Appendix C). Failure to provide
timely notice to the Sponsor or to comply with the amendment process shall
preclude the School from increasing enrollment or expanding grade levels.
3) Minimum Enrollment Requirements
The School's minimum enrollment for the first year of operation is 200. The parties
{
agree that this is the minimum enrollment that will support the School's operations.
Failure to achieve the minimum enrollment by the October FTE reporting period
for the first year of operation constitutes good cause for termination or non-renewal
unless the School provides the Sponsor a revised and balanced budget and a cash
flow statement that are realistic and reasonable within 15 calendar days of the
October FTE reporting period. A budget to support this minimum enrollment is
provided in the Budget for Initial Year of Operation Based on Minimum Enrollment
(Appendix E).
4) Deferred Opening and Student Enrollment
In the event the School defers its opening, in the student enrollment breakdown
referenced in paragraph 1 of this section,the year(s) deferred shall be incorporated
into the approved term of this Charter and will be reflected as non-
operational/planning years.
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5) Required Instructional Minutes
Instructional minutes shall be a minimum of 300 minutes per day. The hourly
equivalent for Kindergarten through grade 3 is 720 instructional hours and 900
instructional hours for students in grades 4 through grade 12. Schools operating on
a double-session calendar must be approved by the FDOE. Survey periods for Year-
Round School Programs shall be the same as for the regular fiscal year. Year-round
schools shall report the first 90 days of their regular 180-day school year in Survey
2 and the second 90 days of their regular 180-day school year in Survey 3,
regardless of when the tracks are in session.
6) Enrollment Capacity
The School's enrollment capacity is contingent on the student capacity as stated in
the Charter, valid Certificate of Occupancy (CO), Certificate of Use (CU), and/or
Fire Permit for the School facility issued by the local governmental agency in
whose jurisdiction the facility is located. Monthly FTE payments shall be withheld,
without interest, for students in excess of the School's enrollment capacity, as
defined by the Charter,valid CO,CU,and/or Fire Permit until the violation is cured.
7) Annual Enrollment
(a) Annual Enrollment Capacity:No later than March 1 of each year,the school
shall provide the Sponsor the proposed enrollment capacity for the
subsequent school year. The enrollment capacity shall be annually
determined by the Board in conjunction with the Sponsor based on factors
set forth in state law.
(b) Preliminary Enrollment Projections:No later than November 1 of each year,
the School shall provide to the Sponsor the School's preliminary projected
enrollment for the following school year.The projected enrollment shall not
constitute a cap on the School's enrollment for the following school year.
(c) Final Enrollment Projection:No later than July 15th of each year,the School
shall provide the Sponsor the School's final enrollment projection for the
upcoming school year. Final enrollment is not annual capacity, but the
school projection for how many students will be enrolled when the school
year begins. The School shall not project enrollment or enroll students in
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excess of the physical capacity of the building, unless the School operates
multiple sessions, in which case the physical capacity of the School shall
not be exceeded during any session.
(d) Disagreements between the Sponsor and the School relating to enrollment
capacity will be resolved using the dispute resolution provisions in this
Charter.
(e) The Board of a high performing charter school shall notify the sponsor
through the contract amendment process, of any proposed increase in
student enrollment by March 1 of the school year preceding the increase.
The enrollment capacity of a School that is designated as High-Performing
pursuant to Section 1002.331, F.S., shall be determined by the Board and
shall be within the constraints of the physical capacity referenced in the
Certificate of Occupancy of the building.
E) Admissions and Enrollment Plan
The School shall implement the enrollment policies and procedures and lottery process, as
described in the approved Application. As permitted under Section 1002.33(10)(d), the
school shall give enrollment preference to the children of the residents of the City of
Aventura who are seeking enrollment, to a sibling of a student enrolled in the School, or to
the child of a teacher of the School. The School shall enroll an eligible student who submits
a timely application, unless the number of applications exceeds the capacity of a program,
class, grade level, or building. All applicants shall be given an equal chance of being
admitted through a random selection process. The School shall strive to achieve a
racial/ethnic balance reflective of the community it serves. If there are more Aventura
resident applicants,than seats, then there will be a random selection process in accordance
with Section 1002.33(10)(b), F.S. After all Aventura applicants have been offered seats,
non-Aventura applicants will be selected through a random selection process in accordance
with Section 1002.33(10)(6),F.S. Failure to comply with these provisions constitutes good
cause to terminate this Charter.
1) Recruitment
The School will recruit throughout all segments of the community. This may
include direct mailings, public advertisement utilizing the local and community
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press and informational meetings at a variety of locations using both English and
other languages where appropriate.
2) Enrollment Consent
To enroll a student, the School must obtain proof of consent from the student's
parent or guardian, or from the student if the student is eighteen (18) years of age
or older. A charter school may not transfer an enrolled student to another charter
school having a separate Master School Identification(MSID)Number without first
obtaining the specific written approval of the student's parents/guardians before
each transfer. The School must maintain appropriate enrollment and student
application documentation. General consent for student transfer is prohibited(e.g.,
consent included in a parent contract). Violation of this provision constitutes good
cause to terminate this Charter.
3) Enrollment Lottery and Wait List Documentation
The School shall maintain documentation of each enrollment lottery conducted, as
well as any student wait lists that are generated for a period of three (3) years, or
until applicable audits are completed and make them available to the Sponsor upon
request. Lottery documentation shall be sufficient to allow the Sponsor to verify
that the random selection process was fair, equitable, and in compliance with
applicable state statutes. At a minimum, the following documentation shall be
maintained and available to the Sponsor upon request at all times:
(a) official current policies, processes, and timelines related to the enrollment
lottery and wait list and documentation showing that the Board adopted
them at a regular public meeting;
(b) copies of student enrollment applications, any marketing materials, and all
other enrollment materials;
(c) evidence of compliance with all policies, processes, and timelines approved
by the Board,and related to the application,lottery and wait list notification;
(d) evidence that the lottery process was posted on the school's website and
clearly communicated to the public at large;
(e) evidence that outreach materials have been communicated in multiple
languages; and,
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(t) copies of any wait lists,documents showing how the list was developed and
any other evidence that complies with the approved policies, processes,and
timelines.
4) Student Information
The School may not request prior to enrollment, through the application or
otherwise, information regarding the student's academic history, record of
standardized testing performance, juvenile or disciplinary history or status, a
student's Individual Education Plan (IEP), Education Plan (EP), Section 504 Plan,
Limited English Proficiency Plan(LEPP)or other information regarding a student's
special needs.
5) Articulation Agreement
As required by state law, articulation agreements must be approved by the Sponsor
prior to implementation. The Office of Charter School Compliance and Support is
authorized to approve articulation agreements that:
(a) identify the sending school and receiving school;
(b) are approved by resolution of the Board of the participating schools at a
regular public meeting prior to presentation to the Sponsor;
(c) implement standard vertical matriculation patterns (e.g. elementary to
middle school, middle school to high school, K-8 to high school); and
(d) do not negatively impact a student's opportunities to exercise school choice.
F) Maintenance of Student Records
1) Student Records
The School shall maintain both active and archival records for current/former
students in accordance with Sections 1003.25 and 1002.22, F.S., State Board of
Education Rule 6A-1.0955,and the State of Florida General Records Schedule GS7
for Public Schools Pre-K-12 and Adult and Career Education GS7.
2) Transfer of Student Cumulative Records
All permanent cumulative records (both Category A, Permanent Information, and
Category B, Temporary Information) of students leaving the School, whether by
transfer to a traditional public school within the school system or withdrawal to
attend another charter school, shall be transferred upon receipt of an official request
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from a receiving Miami-Dade County public school or a Sponsor's charter school.
The School may retain copies of the departing student's academic records created
during the student's attendance at the School.
3) Transfer of Student Cumulative Records Upon Student Enrollment
Termination
Upon termination of a student's enrollment at the School,all permanent cumulative
records (both Category A, Permanent Information, and Category B, Temporary
Information) of students leaving the School, but not transferring to a Sponsor's
public school or charter school, shall be hand-delivered to the Sponsor's
Department of Records and Forms Management. Proof of delivery shall be
provided to the Sponsor within five(5)business days.The School may retain copies
of the departing student's academic grades and attendance during the student's
enrollment at the School.
4) Transmittal of Educational Records
The School shall transmit to the Sponsor's Department of Records and Forms
Management, a listing of the types of Category A and B educational records
pursuant to State Board of Education Rule 6A-1.0955 and the procedures from the
Division of Student Services as stipulated in the Student Educational Records
manual. This report shall be transmitted each year prior to July 1.
G) Exceptional Student Education
1) Non-Discrimination
The School shall not discriminate against students with disabilities in placement,
assessment, identification, or admission. The School shall not request a student's
IEP,EP, Section 504 Plan, or other information regarding a student's special needs
during the application and lottery process, nor shall the School access such
information during the application and lottery process. However, prior to a
student's registration in the School, the School and the Sponsor's Office of Special
Education shall jointly review the IEPs,EPs,and Section 504 Plans of students who
have applied and been accepted to determine whether the services can be
implemented at the School or whether the student must attend another school that
has the resources to implement the services. If a student's IEP, EP, or Section 504
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Plan can be implemented at the School, the student shall not be required to attend
another school. Schools that serve exclusively students with disabilities may
request the IEP, EP, or Section 504 Plan as part of the application and lottery
process to determine whether the services are compatible with the School's
programmatic model.
2) Sponsor Responsibilities
(a) The Sponsor's Office of Special Education shall participate in a joint review
of IEPs, EPs, or Section 504 Plans of students who have been accepted to
determine whether the services can be implemented at the School or
whether the student must attend another school that has the resources to
implement the services. If a student's IEP, EP, or Section 504 Plan can be
implemented at the School, the student shall not be required to attend
another school.
(b) The Sponsor shall conduct initial evaluations of students referred for
potential Special Education, Gifted and Section 504 eligibility, and for the
re-evaluation of Exceptional Student Education (ESE) students, in
accordance with federal and state mandates. All requirements for Response
to Intervention must be followed by the School with fidelity prior to and
during the evaluation process.The School and/or parents may obtain private
evaluations of students at their expense. These evaluations must be
considered in determining eligibility but will not necessarily substitute for
an evaluation conducted by the Sponsor's personnel in a manner and
timeframe consistent with that of all of the other Sponsor's schools. The
Sponsor will monitor the School for ESE compliance with applicable
federal, state, and local policies and procedures as outlined in the
Exceptional Student Education Policies and Procedures(SP&P) (Appendix
F).
(c) A representative of the Sponsor shall participate in all initial IEP, EP, and
Section 504 Plan meetings and shall serve as the Local Educational Agency
(LEA) Representative when present at an IEP, EP, or Section 504 meeting.
However, the administrator or designee in charge at the School will serve
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as the LEA Representative at all other annual and interim IEP, EP, and
Section 504 meetings, which the School shall conduct.
(d) The Sponsor will monitor the School for ESE compliance.Non-compliance
with federal, state, and local policies and procedures may result in
withholding FTE funding until compliance is achieved and/or the
termination of the Charter.
3) School Responsibilities
(a) The School shall participate in a joint review of IEPs, EPs, or Section 504
Plans of students who have been accepted to determine whether the services
can be implemented at the School or whether the student must attend
another school that has the resources to implement the IEP. If a student's
IEP,EP, or Section 504 Plans can be implemented at the School,the student
shall not be required to attend another school.
(b) The School shall fully implement the IEPs, EPs, Functional Assessments of
Behavior/Behavior Intervention Plans and Section 504 Plans of enrolled
students, including delivery of supplementary aids and services and related
services, unless the IEP, EP, or Section 504 team determines that the
student's needs cannot be met at the School and placement at another school
within the Sponsor's district constitutes the least restrictive environment on
the continuum of alternative placements. The School must follow all
disciplinary procedures and policies relevant to students with disabilities,
including implementation of FABsBIPs and manifestation determinations.
In no instances should a student's IEP, EP, or Section 504 services or
placements be changed solely for the purpose of accommodating the
School's placement options. Such changes may result in withholding FTE
funding until compliance is achieved and/or the termination of the Charter.
(c) The School shall deliver all educational, related services and equipment
indicated on the student's IEP, EP, or Section 504 Plan. The School shall
also provide related services and equipment, e.g., speech/language therapy,
occupational therapy, physical therapy, nursing, counseling, assessment
instruments, assistive technology devices, transportation and therapeutic
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equipment.
(d) The School shall conduct the evaluations of the School's students referred
for physical therapy (PT) and occupational therapy (OT), speech and
language (SL), nursing, assistive technology (AT) and functional
assessment of behavior (FAB) services with personnel qualified in
accordance with State of Florida regulations and in accordance with
Response to Intervention requirements. If the student is determined eligible
{
for these services and the initial IEP or Section 504 Plan is written, the
School shall be responsible for providing required services to the student.
The School shall ensure that the person(s) conducting evaluation(s) attend
an IEP meeting to review the evaluations when eligibility for services is
determined. All evaluations must include a review of the student's
educational records, including but not limited to IEP or Section 504 Plan,
identification and development of goals to be supported by PT, OT, SL
behavioral intervention and/or assistive technology, and/or nursing; a
treatment plan for the student; and reference to supporting medical
documentation if applicable. The School shall ensure that all service
providers review and implement the student's IEP. The School shall ensure
that all service providers contribute to the student's annual and interim IEP
meetings either in writing, by telephone, or in person. Service providers
must also contribute to status reports and updates on the student's IEP goals
and benchmarks related to their areas of treatment. The School shall require
all service providers to the student to attend orientation and in-service
training on delivery of school-based services and how to support
educationally-relevant IEP goals. The Sponsor shall provide that the
orientation and in-service training. The Sponsor may conduct periodic
reviews of the paperwork prepared by the service providers providing
services to such students.
{ (e) The School shall immediately notify the Sponsor if a parent requests an
Independent Educational Evaluation(IEE)at public expense and work with
the Sponsor to determine whether the IEE will be granted or a due process
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action will be filed to defend the School's/Sponsor's evaluation.
(f) The School shall comply with the requirements of the IDEA, Section 504,
and regulations as they relate to the student's IEP/Section 504 Plan, and the
School shall ensure that the appropriate highly-qualified instructional
personnel of the School that are required members of the IEP committee
attend all IEP meetings.
(g) Exceptional Students shall be educated in the least-restrictive environment.
Students whose needs cannot be appropriately addressed at the School as
determined by an IEP, EP, or Section 504 team meeting held after
enrollment,will be appropriately referred to the student's home school. The
School shall contact the Sponsor's Office of Special Education to notify
staff that the student has been referred to their home school.
(h) The School shall make its personnel aware of professional development
opportunities offered by the Sponsor's Division of Exceptional Student
Education and Psychological Services departments. In addition, the School
shall require all personnel assigned to implement IEPs, EPs, and Section
504 Plans to participate in meetings and/or trainings required by the
Sponsor's Division of Exceptional Student Education and Psychological
Services departments.
4) Services Covered by the Administrative Fee
The Sponsor shall provide exceptional student education administration services to
the School, pursuant to Section 1002.33, F.S.
5) Due Process Hearing
(a) A student, parent, or guardian who indicates at an IEP, EP or 504 meeting
that they wish to file for a due process hearing pursuant to state law and
rules shall be given the appropriate forms by the LEA attending the IEP
meeting. These forms shall also be provided upon request at any other time.
Parents must file due process hearing requests with the School Board Clerk
pursuant to School Board Policy 0133, Quasi-Judicial Functions, and the
procedural safeguards posted on the Sponsor's Exceptional Student
Education website. The Sponsor's legal counsel will ensure that the due
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process hearing request is filed with the Florida Division of Administrative
Hearings ("DOAH") and will notify the School's legal counsel.
(b) The Sponsor will review the due process complaint and hold an initial
meeting to analyze the merits of the complaint. The School must select its
own legal counsel and participate in the initial meeting with the Sponsor.
(c) The Sponsor's legal counsel will represent the Sponsor on all claims related
to initial evaluations and re-evaluations referenced in Section 2(b) above.
The School's legal counsel shall represent the School on claims related to
all other evaluations. The Sponsor's legal counsel will represent the
Sponsor in all cases where a District employee fulfills the role of the LEA
at the staffing/IEP meeting. The School's legal counsel will represent the
School on all claims related to implementation of Response to Intervention
("All"),IEPs, 504 Plans,EPs, and where a School employee fulfills the role
of the LEA at the staffing/IEP meeting. The Sponsor's legal counsel will
seek a dismissal of the Sponsor with regard to claims over which the
Sponsor had no role (e.g., implementation claims). However, if the
dismissal is denied, the Sponsor's counsel will continue to provide
recommendations and work with the School's counsel as co-counsel on the
pending case. The School shall pay all costs and court-ordered relief
associated with cases handled by the School's legal counsel and cases
involving allegations of a failure to implement the IEP and related services.
In the event that the student/parent prevails, either through a settlement or
hearing, the School shall pay any and all attorneys' fees, reimbursements,
compensatory education and any other costs incurred, agreed upon or
awarded for cases where the Sponsor had no role(e.g., IEP implementation
claims, evaluation claims for speech/language, occupational therapy,
functional assessments of behavior evaluations, etc.)as outlined above.
(d) The School must designate an administrator and relevant members of the
IEP team to attend a resolution or mediation session conducted by the
Sponsor's due process team. The School's legal counsel and the Sponsor's
legal counsel may participate in the resolution session only if the parent is
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represented by an attorney. If the Sponsor and the School elect to participate
in mediation in lieu of a resolution session,the Sponsor's due process team
will invite the legal counsels of the Sponsor and the School.
(e) Following the resolution session/mediation, the School shall review the
recommendations of the Sponsor's due process team with their legal
counsel and communicate in writing the School's position on
resolution/settlement to the Sponsor's due process team. If the School opts
not to follow the recommendations of the Sponsor's due process team, the
School will incur all costs associated with subsequent court orders as set
forth in Section 5(c).
(f) If the matter is resolved by a written agreement,the Sponsor's legal counsel
will file the appropriate motions for dismissal and closure of the case.
(g) If the matter is not resolved, the legal counsel of the Sponsor and the School
shall ensure that representation in the due process hearing proceeds in
accordance with Section (5)(c) above and the procedural safeguards posted
on the Sponsor's Exceptional Student Education website. The School shall
ensure that all pertinent staff participate in the due process resolution and
hearing phases.
(h) In addition to any costs for substantive relief granted, as set forth in Section
(5)(c) and (e) above, the School shall bear the School's portion of
administrative costs, as, associated with the due process case, including but
not limited to, legal representation, discovery, court reporter, and
interpreter. Depending on the nature of the claims, the School's and the
Sponsor's counsels shall estimate the proportionate share of costs at the
outset of the case.The Sponsor may deduct any amount owed to the Sponsor
from FTE payments.
6) Reimbursement for Services
Under the Medicaid Certified School Match Program, the School may be eligible
to seek reimbursement for certain services provided to Medicaid-eligible students
who qualify for services under the IDEA, Part B or C. In order to seek
reimbursements, the School shall follow the procedures established for Medicaid-
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reimbursable services to eligible students at the School as outlined in Florida
Medicaid Certified School Match Program (Appendix G), attached and
incorporated into this Charter by reference.
H) Withdrawal Policies and Procedures
1) Involuntary Student Withdrawal
The School may not persuade a parent to withdraw their child in lieu of disciplinary
action or involuntarily withdraw, dismiss, or transfer a student, unless the
withdrawal or transfer is accomplished through the Sponsor's transfer policies.
Students already enrolled at the School must be provided with the option to remain
enrolled at the School for the following school year.
2) Voluntary Student Withdrawal
A student may voluntarily withdraw from the School at any time and enroll in
another public school.
I) Discipline
1) Code of Student Conduct (COSC)
The School will adopt and follow the Sponsor's Code of Student Conduct
("COSC"), attached as Appendix H. If the School adopts the Sponsor's COSC, it
will be required to submit documentation of all disciplinary actions into the
District's student information system,using the Student Case Management System,
within two school days of the disciplinary action. Any deviations from the
Sponsor's COSC and any alternative COSC, or additional disciplinary policies,
must be approved by the Sponsor prior to implementation. The School's policies
for discipline, suspension, and recommendation for expulsion are described in the
approved Application and in the School's Parental Contract/Handbook (Appendix
0). If the Sponsor amends the COSC, the School shall agree to the amendments
?I within ten (10) business days of being provided notice of amendments by the
Sponsor or shall develop and adopt another COSC approved by the Sponsor.Failure
to comply with this provision may result in withholding of FTE and constitutes
good cause for termination.
2) Learning Environment
The School agrees to maintain a safe learning environment at all times. The School
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must comply with all applicable local, state and federal laws regarding the
discipline of SPED students.
3) Corporal Punishment
The School shall not use corporal punishment.
4) Student Expulsion
Only the Sponsor may expel a student.
5) Legal Costs
The School shall defend and pay all costs of any legal action related to dismissal
under this section of students for disciplinary reasons.
3) English Language Learners
Students at the School who are English Language Learners(ELL)will be served by English
for Speakers of Other Languages(ESOL)certified personnel who will follow the Sponsor's
English Language Learners Plan (Appendix I). as amended from time to time and which
meets the requirements of the League of United Latin American Citizens (LULAC) et al.
v. State Board of Education Consent Decree.
SECTION 4: FINANCIAL ACCOUNTABILITY
A) Revenue
1) Basis for funding
Students in the School shall be funded the same as students enrolled in other public
schools. Funding shall be the sum of district operating funds from the Florida
Education Finance Program (FEFP), including gross state and local funds,
discretionary lottery funds, and discretionary operating millage funds, divided by
total district funded weighted full-time equivalent (WFTE) students, times the
weighted full time equivalent students of the School. If eligible, the School shall
also receive its proportionate share of categorical program funds included in the
FEFP. Upon request,the School shall provide the Sponsor with documentation that
categorical funds received by the School were expended for purposes for which the
categorical were established by the Legislature.
(a) Student Reporting
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i) The School shall use the Sponsor's electronic data processing
facility and procedures for the processing of student enrollment,
attendance, FTE data collection,assessment information, IEPs,EPs,
LEPPs, Section 504 plans and any other required individual student
plan. The School shall schedule students for electronic processing
of FTE in accordance with the Sponsor's electronic FTE procedures.
Students must be reported for 300 minutes per day of instructional
time. The hourly equivalent for Kindergarten through grade 3 is 720
instructional hours and 900 instructional hours for students in grades
4 through grade 12. Schools operating on a double-session calendar
must be approved by the FDOE. Approval by the FDOE for a double
session school does not reduce the required 300 minutes of
instruction per day. Survey periods for Year-Round School
Programs are the same as for the regular fiscal year. Year-round
schools shall report the first 90 days of their regular 180-day school
year in Survey 2 and the second 90 days of their regular 180-day
school year in Survey 3,regardless of when the tracks are in session.
ii) The School shall maintain auditable records of student attendance
and grades. Reporting timelines shall be aligned with the Sponsor's
timelines.
iii) The Sponsor shall provide the School with appropriate access to the
Sponsor's data processing facility. The School shall provide
hardware and related infrastructure.
iv) The Sponsor shall provide training for the School's personnel in the
use of designated District applications necessary to respond to the
statutory requirements of Section 1008.345, F.S., including the
annual report and the State/District required assessment program.
The Sponsor's support for this function will be provided at cost and
will not exceed the administrative fee allowed by law. Access by the
School to additional data processing applications, materials, or
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forms not required in the statute, but available through the Sponsor,
may be negotiated separately by the parties.
v) "Date Certain" is always the Friday of the FTE Survey week.
Corrections to data submitted for FTE processing will only be
accepted for 6 weeks after Date Certain. The School is responsible
for correcting student schedule changes. Incomplete student or
teacher course records shall result in a loss of FTE funding. The
School shall reimburse the State for any errors, omissions, or
misrepresentations if the School submits data relevant to FTE
funding that is later determined to be inaccurate. The School shall
reimburse the State for any errors, omissions or misrepresentations
for which the School is responsible. In addition, if the Sponsor is
fined or penalized for School errors, the School shall reimburse the
Sponsor for the full amount. The Sponsor may withhold FTE until
the School agrees to a pay the amount in full or a payment plan,
approved by the Sponsor. The Sponsor may also terminate the
Charter.
(b) Distribution of Funds Schedule
i) The Sponsor shall calculate and submit twelve (12) monthly
payments to the School. The first payment will be made by July 31.
Subsequent payments will be made monthly by the 15th of each
month beginning with August 15. For new charter schools in the
initial year of operation, payments will be made as required by the
law.
ii) First year charter schools are required to submit to the Sponsor, no
later than July 15 of the school year in which the school is to open,
an FTE projection by program. The Sponsor will analyze the
projection and supporting documentation to determine the initial
payment. Additional documents (e.g., student enrollment forms,
student transfer forms, Integrated Student Information System
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rosters) may be required or requested to support the School's
projections.
iii) The first payment shall include 75% of the projected annual
allocation of instructional materials based on prior year
membership, or based on enrollment as of June 30, in the case of a
new school.
iv) Payments may be adjusted for any amounts due the Sponsor for
services provided, expenditures incurred by the Sponsor on behalf
of the School, and any fines or penalties levied against the Sponsor
because of the School's errors during the current or previous year,
as well as for administrative oversight.
v) The District shall make every effort to ensure that the School
receives timely and efficient reimbursement of funds. Other than
those payments provided for in this Charter, for which other
requirements for timely payments have been made, the payment
shall be issued no later than ten (10) working days after the District
receives a distribution of state or federal funds. If a warrant of
payment is not issued within ten(10) working days after the receipt
of funding by the District, or the due date set forth in this Charter,
the District shall pay to the School, in addition to the amount of the
scheduled disbursement, interest at a rate of one percent (1%) per
month calculated on a daily basis on the unpaid balance from the
expiration of the ten (10) day period until such time as the warrant
is issued. Late payments are subject to interest at the rate of 1% per
month calculated on a daily basis until paid.
vi) Payment shall not be made for students in excess of the School's
enrollment capacity, the School facility's valid capacity as
determined by the School's Certificate of Occupancy, Certificate of
Use, and Fire Permit(whichever is less)or this Charter. In the event
that the required county and/or municipality facility permits do not
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indicate a facility capacity, the School must submit an official letter
from the local jurisdiction confirming facility capacity certification
by the Registered Architect. Where the local jurisdiction does not or
is unable to issue an official determination of allowable capacity,the
School may take one of the actions stated in Section 5(B)(4)(a) of
this Charter.
vii) The Sponsor shall withhold monthly payments, without interest, if
the School's Certificate of Occupancy, Certificate of Use or Fire
Permit has expired or has otherwise become invalid, until such
defect has been cured.
viii) The Sponsor may initially calculate monthly distributions to the
School for up to four (4) months based on the School's actual
enrollment as of June 30, or until the results of the October FTE
become available. The projected full-time equivalent student
membership will be determined by the actual student enrollment at
the School at the conclusion of the second week of student
attendance. If enrollment at the end of the second week of student
attendance is less than 90%of projected enrollment, future monthly
distributions shall be proportionally reduced. Thereafter,the results
of the official FTE student surveys will be used in adjusting the
amount of FEFP funds distributed to the School.
(c) Adjustments: Total funding shall be recalculated during the school year to
reflect actual WFTE students reported by the School during the FTE student
survey periods. In the event that the District exceeds the state cap for WFTE
for Group 2 programs established by the Legislature, resulting in unfunded
WFTE for the district,then the School's funding shall be reduced to reflect
its proportional share of any unfunded WFTE.
(d) Holdback/Proration: In the event of a state holdback or a proration which
changes District funding, the School's funding will be adjusted
proportionately. The Sponsor will not be responsible for any liabilities
incurred by the School in the event of a state holdback.
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(e) Summer School Provision: The School may choose to provide a summer
school program using State allocated funds. All students attending a
summer school session must be reported in FTE Survey 1 and Survey 4, as
required by law. In the event that a student enrolled in the School attends
any of the Sponsor's summer school programs, and the summer school
program is not funded through Title I, the School shall reimburse the
Sponsor for the cost of each student's summer school program, as
determined by the Sponsor.If the School fails to comply with this provision,
the Sponsor may deduct the appropriate amount from the School's
subsequent FTE or federal funding payments.
2) Federal Funding
The School elects Option 1.
(a) Option 1: The School will receive Title II, Title III, and IDEA funds
{ through the provision of equitable services from the Sponsor.
(b) Option 2: The School will receive Title II, Title III, and IDEA funds on a
reimbursement basis.The School shall (1) submit to the Sponsor an official
Board resolution or official Board meeting minutes reflecting the School's
election to receive federal funds pursuant to Section1002.33(17)(c), F.S.;
(2) complete the applications required by the Sponsor for the use of funds
in compliance with all applicable state rules and federal regulations,
{
including but not limited to, the applicable federal Office of Management
and Budget Circulars, the federal Education Department General
Administrative Regulations, and program-specific statutes, rules, and
regulations;and(3)demonstrate that the School is prepared and able to pay
for required services selected on a reimbursement basis so that services will
be provided in a timely fashion and properly monitor the administration of
federal funds in compliance with applicable rules and regulations. The
Sponsor will notify the School of its status within thirty (30) days after
receiving the application.
(c) The School shall submit any changes to the option selected in writing to the
Sponsor by March 1 through the Charter amendment process pursuant to
54 I P a g e DON SOFFER AVENTURA CHARTER HIGH SCHOOL(MSJD 7026)
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School Board Policy 9800, Charter Schools.
(d) Title I of the Elementary and Secondary Education Act
i) The per pupil allocation of Title I funds will be determined annually
by the District in accordance with federal and state Title I
regulations for that purpose. The allocation of Title I Funds shall be
made in accordance with the Charter Expansion Act of 1998 and all
corresponding guidance and regulations and applicable Florida law.
ii) Any capital outlay item purchased with Title I must be identified
and labeled for Title I property audits.The property must be returned
to the District if the School is no longer eligible for Title I funds.
iii) Should the School receive Title I funds, it will employ teachers that
are certified and teaching infield; and highly qualified
paraprofessionals with two years of college, an AA degree, or that
have passed an equivalent exam.
iv) If the School accepts Title I funds,the School will receive a separate
parent involvement allocation that must be spent in support of
parental involvement activities and the School will develop and
implement the School-level Parent and Family Engagement Plan
(PEEP) subject to the provisions of Title I federal law requirements
of Section 1116 of the Every Student Succeeds Act (ESSA).
v) The District Title I staff will provide technical assistance and
--- - -- - support in order to ensure that Title I guidelines are being followed- ---at the School and that students are meeting high content and
performance standards.
vi) The Sponsor guidelines and requirements related to the
implementation of Title I at eligible charter schools are hereby
incorporated into this contractual agreement as Appendix U.
(e) Federal Grants: Any eligible student enrolled in the School shall be
provided federal funds at the same level of service provided to other eligible
students in the schools operated by the Sponsor. When a grantor requires
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1
t
that the Sponsor serve as the fiscal agent for a grant,the School shall comply
with the Sponsor's grant procedures:
i) prior to generating any paperwork to the funding agency,the School
shall notify Charter School Compliance and Support in writing of
its intent to submit a grant application;
{ ii) Charter School Compliance and Support will forward the written
request, along with the grant application guidelines, to
Intergovernmental Affairs and Grants Administration (IAGA);
iii) upon receipt of the written request, IAGA will prepare the grant
979 application procedures packet and timeline for the School;
iv) IAGA will process all application documents requiring the
Superintendent's signature;
v) In accordance with the established timeline, the School will submit
the final application and the appropriate copies to Charter School
Compliance and Support for submission to IAGA for transmittal to
the funding agency;
vi) In the event any grantor requires the Sponsor to monitor and/or
review the School's expenditures pursuant to any grant the School
1 receives,the School shall comply within a reasonable time with any
and all additional reporting requirements or corrective action
1 prescribed by the grantor or Sponsor. If it is determined that a
reimbursement of grant funds is required due to an audit or other------- - --
investigation, the School is solely responsible for making the
reimbursement;
vii) In the event that the Sponsor must serve as fiscal agent, and indirect
costs are an allowable expense of the grant, the School agrees that
the Sponsor will be permitted to retain grant funds in an amount
)
equal to the annually negotiated indirect cost rate as determined by
the FDOE. Indirect costs shall be reflected in the budget of the grant
application submitted by the School;
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1
viii) If the Sponsor develops a District-wide grant, the School may be
included in the District proposal in accordance with the school
eligibility requirements and grant guidelines within the Request for
Proposals;
ix) When grant proposals are developed by the Sponsor's staff using
student or school counts that include the School's students, and the
grant is awarded to the Sponsor, the pro-rata share of the dollars or
services received from that grant shall be distributed to the School,
if eligible, as defined in the budget developed for the grant;
x) The District will advance cash to the grant recipient to cover its
estimated disbursement needs for an initial period. All payments
thereafter will be on a reimbursement basis only; and
(1) Other Funding Sources: The School may secure funding from private
institutions, corporations, businesses and/or individuals. Funding shall be
properly accounted for and documented.
3) Charter School Capital Outlay Funds
(a) Application: The School shall follow FDOE procedures for submitting
requests for capital outlay funding.
(b) Distribution: The Sponsor shall make timely and efficient capital outlay
payment to the School upon receipt of all required supporting
documentation. The Sponsor shall not certify capital outlay plans or
_. . _.. ._.. __ recommend awarding capital outlay if it cannot attest to the School's
eligibility.
B) Administrative Fee
1) Allowable Withholding
The Sponsor shall withhold five percent (5%) of available funds for the first 250
students as defined in Section 1002.33(20)(a), F.S., not including capital outlay
funds, federal and state grants, or any other funds, unless otherwise explicitly
limited by law.
(a) High Performing Charter School: For high-performing charter schools,
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as defined in Section 1002.331, F.S., the Sponsor may withhold a total
administrative fee of up to 2 percent for enrollment up to and including 250
students per school.
2) Sponsor Use of Administrative Fee
The administrative fee retained by the Sponsor pursuant to this Charter includes,
among other things, a fee for academic and financial monitoring required of the
Sponsor by law. At any time,the Sponsor may request reports on school operations
and student performance and the School shall provide the reports in a timely
manner.
3) Access to Optional Sponsor Services
Access by the School to services not required by law, but available through the
Sponsor, may be negotiated separately by the parties. The Sponsor is not obligated
to provide any services not required by law.
4) Provision of School Lunches
The School shall be solely responsible for providing school lunches and complying
with state and federal reporting requirements. The Sponsor shall provide services
related to eligibility and reporting under the National School Lunch Program.
C) Restriction on Charging Tuition
The School shall not charge tuition.
D) Allowable Student Fees
1) Use of Student Fees
The School shall not charge fees, except those fees normally charged by the
Sponsor or as allowed by law. Fees collected must be allocated directly to, and
spent only on, the activity or material for which the fee is charged.
2) Fee Schedule
If the School intends to charge fees, it shall submit its comprehensive fee schedule
to the Sponsor for review no later than July I prior to the school year in which the
fees are intended to be charged. No funds shall be collected until the School has
been given written approval from the Sponsor.Additional fees shall not be imposed
without the notification and approval of the Sponsor. Fees shall not be a barrier to
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enrollment. Non-Payment of fees shall not be a basis for dismissal or non-
reenrollment. Upon approval of the fee schedule,all fees collected must be reported
and recorded appropriately using proper accounting procedures as required by law.
Any fees that are solicited, required or accepted in violation of this paragraph shall
be returned to the parent or guardian.
3) Student Fee Documentation
The School shall maintain documentation supporting the collection of the Sponsor-
approved fees and make them available for Sponsor review.
4) Parent Donations
The School shall not require or accept monetary donations in lieu of volunteer hours
or other parental obligations.
E) Budget
1) Annual
The School shall provide reasonable proof of the ability to fund the initial startup
and the on-going operation of the School. By August 20 each year, the City
Manager shall provide to the Sponsor an updated Board approved Annual Budget
Based on Enrollment Projections (Appendix J) for review and, for the initial year
of operation,a budget based upon minimum enrollment(Appendix E).Each budget
shall include projected sources of revenue, both public and private, planned
expenditures covering the entire school year, a budget narrative and a staffing plan.
(a) Governing Board Approval: The Board shall adopt and the City Manager
shall maintain an annual balanced budget.
(b) Submission Date: The School shall annually transmit to the Sponsor a copy
of the School's adopted budget on or before August 20th.
2) Amended Budget
The School shall provide a copy of the amended budget to the Sponsor within ten
(10) days of its approval by the Board.
F) Financial Records, Reports and Monitoring
1) Maintenance of Financial Records
The School shall use the standard state codification of accounts as contained in the
FDOE's Financial and Program Cost Accounting and Reporting for Florida Schools
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(Red Book), and/or may elect to follow Generally Accepted Accounting Standards
(GAAS) for not-for-profit organizations, but must reformat this information for
reporting, as a means of codifying all transactions pertaining to its operations. The
accounting for federal, state and local funds shall be maintained according to
existing guidelines, mandates, and practices, i.e., separate funds and bank accounts
for federal,state,and local funds as required under applicable statutes.The School's
financial activities and reports shall be subject to the FDOE Technical Assistance
Paper No.2009-03,Auditor Selection Process (Appendix K),and state law, as well
as any subsequently issued directives by the State and other applicable
Governmental Accounting Standards.
2) Financial and Program Cost Accounting and Reporting
The School shall conduct an annual cost accounting in a form and manner
consistent with generally accepted governmental accounting standards in Florida.
3) Financial Reports
(a) Financial Reports: The School shall submit monthly financial statements
in the form prescribed by the FDOE. Those charter schools designated as
high performing by the Commissioner of Education shall submit quarterly
financial statements within thirty (30) days of the end of each quarter.
(b) Annual Property Inventory: The School shall submit to the Sponsor a
cumulative listing of all property and equipment purchased by the School
with public funds, i.e., FEFP, grant, and any other public-generated funds,
excluding City of Aventura funds. The School shall also submit a separate
cumulative listing of all property and equipment purchased with private
funds and City funds. If a charter school shares a facility with another
charter school, each school having a separate MSID, must provide separate
listings of all property and equipment purchased with public and private
funds. These lists shall include: (1) date of purchase; (2) item purchased;
(3) cost of item; and(4) item location.
(c) Program Cost Report: The School shall provide the Sponsor its annual
cost report in a form and manner consistent with generally accepted
governmental accounting standards in Florida by the date established by the
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Sponsor and/or State.
(d) Annual Financial Audit: When required by Section 218.39, F.S., the
charter school agrees to submit to and pay for an annual financial audit(s)
and any legally authorized Special Purpose Statements of the corporation,
in compliance with the law. The annual financial audit of the Corporation,
and any legally authorized Special Purpose Statements requested and paid
for by the School, shall be performed by an independent licensed Certified
Public Accountant. The audits shall be performed in accordance with
Generally Accepted Auditing Standards; Government Auditing Standards,
issued by the Comptroller General of the United States; and Chapter 10.850,
Auditor General Rules 7 Guidelines, State of Florida, (Appendix L). The
School shall provide the Sponsor with three(3)copies and one(1)electronic
copy of the audit,and the School's responses to the findings, which shall be
bound together in one complete report. In addition, two copies of the audit
report must be submitted to the Auditor General within forty-five(45)days
after delivery of the audit report to the Board. The School shall provide the
Sponsor with annual financial reports including a management letter, as of
June 30 of each year for inclusion in the Sponsor's financial statements.
These reports shall include a complete set of annual financial statements
and accompanying notes, prepared in accordance with Generally Accepted
Accounting Principles (GAAP) and reflecting the revenue sources and
expenditures by function and object in sufficient detail to allow for the
Sponsor's analysis of the School's ability to meet financial obligations and
timely repay debt. In addition,if the School is not part of a pre-existing non-
profit organization or municipality,the School's financial activities shall be
accounted for using the governmental accounting model applicable for state
and local governments and their component units, as per Government
Accounting Standards Board (GASB) statement 34. The following timeline
must be adhered to for submitting the School's financial reports:
UNAUDITED STATEMENTS: NO LATER THAN AUGUST I OF
EACH YEAR.
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AUDITED STATEMENTS: NO LATER THAN SEPTEMBER 15 OF
EACH YEAR. No later than May 1 of each year, the
Charter School shall formally notify the Sponsor of the name, address and
phone number of the auditor engaged to perform the year-end audit and
i
documentation of the auditor's current peer review.
(e) Grant Reporting: The School shall submit Project Disbursement Reports
for each grant to the Sponsor, supported by appropriate documents,
including copies of invoices, timesheets, receipts, etc., to determine that
1 grant funds are used and programs are operated in accordance with
applicable federal and state statutes, rules, and regulations. Alt grant
1 recipients will also be subject to scheduled site visits to review records and
observe operations.
1 (n Form 990 (if applicable): Upon request, the School will provide the
Sponsor with a copy of its most recent Form 990, Return of Organization
Exempt from Income Tax, and all schedules and attachments. The School
shall also submit the most recent Form 990 upon amendment or renewal of
the charter. If the IRS does not require Form 990 to be filed,the School will
provide the Sponsor with written confirmation from the IRS of such non-
requirement.
4) School's Fiscal Year
The School's fiscal year shall be from July 1 through June 30.
5) Financial Recovery/Corrective Plan
(a) If the School is found to be in a state of deteriorating financial condition or
meets one or more of the conditions in Section 218.503,F.S.,Determination
of Financial Emergency, the Board and the Sponsor shall develop a
corrective action plan in accordance with Florida Administrative Code(6A-
1
1.0081, in a format prescribed by the Sponsor, and file the plan with the
Commissioner of Education within 30 business days after notification is
received in accordance with Section 1002.345, F.S. If the Board and the
Sponsor are unable to agree on a performance objectives and action plan,
1 the Commissioner of Education shall determine the components of the plan.
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The Board and the City Manager shall implement the approved plan. Failure
on the part of the School to propose a good faith corrective plan shall
constitute a material breach of this Charter and may result in the Sponsor's
withholding of subsequent payments to the School without penalty of
interest until the breach is cured. The Sponsor may also terminate the
Charter.
(b) As stated in Section 1002.345, F.S., the Sponsor may decide not to renew
or may terminate a charter if the charter school or charter technical career
center fails to correct the deficiencies noted in the correction action plan
within one (1) year after notification of the deficiencies or exhibits one or
more financial emergency conditions as specified in Section 218.503, F.S.,
for two (2) consecutive years.
6) Submission Process
The School shall submit all required financial statements to the Sponsor in the
timeline and format prescribed by the Sponsor and/or state. Failure of the School
to comply with the timely submission of all financial statements in the required
format specified by the Sponsor and State shall constitute a material breach of this
Charter. Where such breach continues after written notice from Sponsor, it may
result in the Sponsor's withholding of subsequent payments to the School without
penalty of interest until cured and/or termination of this Charter.
7) Additional Monitoring
The Sponsor reserves the right to perform additional audits and investigations at its
expense, as part of the Sponsor's financial monitoring responsibilities, as it deems
necessary.The School shall be responsible for reimbursement of any unauthorized
or misappropriated funds.
G) Financial Management of Schools
1) Financial Management and Oversight Responsibilities
The School shall implement the financial management and oversight procedures,
controls and methods as described in the approved Application.
2) Taxes and Bonds
Pursuant to law, the School shall not levy taxes or issue bonds secured by tax
63 I P a g e DON SUFFER AVENTURA CHARTER HIGH SCHOOL (MSID 7026)
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revenue except as within the specific authority of the City of Aventura.
3) Additional Financial Requirements
The Sponsor may require the School to comply with additional financial
requirements mandated by the FDOE or the Sponsor.
4) Utilization of the Sponsor
The School shall not suggest or represent to third parties,including,but not limited
to, vendors,creditors, other business entities or their representatives, governmental
entities, or other individuals, that the Sponsor will guarantee payment for any
purchases made or debts incurred by the School, nor shall the School represent that
the Sponsor will guarantee payment for any loans secured by the School, or that the
Sponsor will lend its good faith and credit in order for the School to obtain a loan
or other forms of credit.
5) Transfers/Advances, Grants, and/or Loans
The school may make transfers, advances, grants, and/or loans of public funds as
long as they comply with Section 1011.69(2), F.S., and are made to either (a)
another open charter school governed by the same non-profit entity (Corporation)
and are located in Miami-Dade County, or (b) the non-profit entity (Corporation)
that governs the school and for the benefit of a charter school with an approved
application that is located in Miami-Dade County. All other transfers, advances,
grants and/or loans of public funds by the School are prohibited. Allowable
transfers, advances, grants, and/or loans under this provision shall only be used for
educational purposes aligned with the mission and purposes of the school and the
non-profit entity(Corporation) that governs the school. The Sponsor shall have the
right to review, examine, and audit the books, records, and financial statements of
the non-profit entity (Corporation) with its own internal auditors to ensure
compliance with this provision.
6) Bank Transfer Information
The Sponsor shall remit charter school payments only to depository accounts in the
same name as the legal entity and the name of the School. The School shall submit
a Bank information form providing all necessary bank account information and
with an original signature of the current Board Chair, or the Board's authorized
64 I P a 2 e DON SUFFER A VENTURA CHARTER HIGH SCHOOL (MSID 7026)
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signatory and a copy of the school's W-9 Form. The bank account must be in the
same legal name of the School, and the bank information form must be signed by
the Board Chair or the Board's authorized signatory. The Sponsor shall not send
payments to any entity other than the contracted entity in this Charter, to a trust
account, any account not held and completely controlled by the school, or any
account that is part of any financing arrangement or debt security.
H) Description of Internal Audit Procedure
The School shall implement the financial controls and audit procedure described in the
School's governing laws and rules, the provisions of this Charter, as described in the
approved Application.
SECTION 5: FACILITIES
A) Prior Notification
1) Deadline to Secure Facility
The School shall provide the Sponsor with documentation regarding the owned or
leased facility where the School will operate. If the School owns the facility, the
School shall provide the Sponsor with a copy of the recorded property deed
showing ownership in the name of the School, and a current Opinion of Title for
the parcel. If the School does not own the facility, the School shall provide the
Sponsor with a fully executed lease or other legal document acceptable to the
Sponsor evidencing the legal right to occupy the facility at least thirty(30)calendar
days prior to the initial opening day of classes, evidencing the legal right of the
School to occupy and use the facility for educational purposes. If the School will
be operating under a sub lease, the School must also submit the Master Lease.
2) Deadline to submit zoning approvals and Certificate of Occupancy
The School shall obtain, for any owned or leased facility to be used to house the
School, all permanent and temporary licenses, permits, use approval, facility
certification,and any other approvals required by the local government or any other
governmental bodies having jurisdiction by at least fifteen(15) calendar days prior
to the opening day of classes, and shall thereafter maintain all permanent and
temporary licenses, permits, use approval, facility certification, and any other
approvals required by the local government or any other governmental bodies
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having jurisdiction. If no deferral options are available, this Charter shall expire if
the School fails to obtain all permanent and temporary licenses, permits, use
approval, facility certification, and any other approvals required by the local
government or any other governmental bodies having jurisdiction by at least fifteen
(15) calendar days prior to each opening day of classes.
3) Government Inspections of Facility
In the event the School receives a citation or notice of violation from a state,federal,
or local jurisdictional entity regarding issues related to the health, wellbeing, and
safety of students, staff or visitors within the facility, and requiring immediate or
limited timeframes to remediate the outstanding issue(s), the School shall deliver
to the Sponsor copies of all such notices within twenty-four (24) hours of receipt,
along with an action plan to address and mitigate the issues. The School shall
provide the Sponsor with written verification that the citation or notice of violation
has been properly resolved within the timeframe required by the jurisdictional
entity. For all other instances where the School receives a citation or notice of
violation, the School shall deliver to the Sponsor copies of any and all facility
inspections performed at any time by federal, state, or local governments or any
other governmental bodies having jurisdiction within fourteen (14) calendar days
of the date of the inspection, citation or notice of violation. Subsequent written
proof of compliance with any violations arising from such inspection, citation or
notice of violation, shall also be delivered to the Sponsor within seven(7)calendar
days of receipt of written verification from the jurisdictional entity that all
outstanding violations have been properly resolved.
4) Sponsor Inspection of Facility
The Sponsor may inspect the School facilities at any time during the school year to
ensure compliance with all applicable state laws and building and zoning
requirements and with the provisions of this Charter.
B) Compliance with Building and Zoning/Requirements
1) Florida Building Code
The School shall use facilities that comply with the Florida Building Code,pursuant
to Chapter 553. The school is exempt from the requirements of the State
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Requirements for Educational Facilities (SREF).
2) Florida Fire Prevention Code
The School shall use facilities that comply with the Florida Fire Prevention Code.
3) Applicable Laws
The School shall comply with all applicable laws, ordinances, and codes of federal,
state, and local government, including the IDEA, the Americans with Disabilities
Act (ADA), and section 504 of the Rehabilitation Act. The School shall obtain all
necessary licenses, permits, zoning, use approval, facility certification, and other
approvals required for use and continued occupancy of the facility as required by
the local government or other governmental agencies, and copies of all such
documents shall be provided to the Sponsor.
(a) The School's operation shall be subject to necessary local government
approvals including site plan approval pursuant to Section 1013.36, F.S.,
and if applicable, review of traffic studies/analysis. The School may also be
required by the local government to provide amenities to ensure safe access
to children/pedestrians walking to the School. Where or when required, the
School will obtain zoning or other land use development orders and comply.
(b) The School shall be responsible for all costs for, or associated with,
complying with local ordinances, securing licenses, permits, zoning, use
approval, facility certification, and other approvals, including, but not
limited to, application fees, advertising costs, surveyor costs, plan review
fees,permit costs and licensing costs,traffic analyses/studies,and any other
additional charges or surcharges by the local government or other
governmental agencies.
(c) At all times, the School shall display a valid and current Certificate of
Occupancy, and other certificates, permits, and licenses required by
building and fire enforcement authorities,health and sanitation enforcement
authorities and all other applicable enforcement agencies.
(d) If the School fails to maintain valid licenses, permits, use approval, facility
certification, and any other approvals as required by the local government
or any other governmental bodies having jurisdiction at any time during the
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term of this Charter, the Sponsor may, after providing proper notice to the
School, withhold all subsequent payments to the School, without interest,
until required permits, use approval, or facility certifications are obtained
and/or may terminate this Charter.
4) Capacity of Facilities
(a) The School shall not allow the enrollment at any time to exceed the number
of students permitted by this Charter, zoning capacity, certificates of use
and/or occupancy, applicable laws and regulations. Only where a
municipality is unable to issue an official determination of allowable
occupancy, the School may either(1)submit an official document from the
municipality affirming that the municipality is unable to issue an official
determination of allowable occupancy and deferring to a Registered
Architect to establish such allowable occupancy. In that event,the Architect
may submit an original letter attesting to the allowable occupancy of the
School,with said letter to bear the signature, seal, and license number of the
Architect; or (2) submit an original letter from a Registered Architect
attesting to the inability of the municipality to provide an official
determination of allowable occupancy and referencing the Permit Number
and/or other pertinent identifying information on the approved plans for the
School (with said signed and sealed plans to be provided to the Sponsor),
which must specifically and unambiguously delineate the maximum
allowable occupancy of the School. If the school is sharing a facility with
another entity -- The School shares the facilities with the following
school(s): N/A. At no time will the combined total enrollment of all of the
charters sharing any such facility exceed the CO and CU capacities of the
facility.
(b) Any actions taken by the School to increase or decrease the allowable
occupancy within the facility must be reported to the Sponsor, in writing,
prior to any such action being finalized or becoming effective.
5) Leased facilities
The School is owned by the City of Aventura. The City's General Fund leases the
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school facilities to the City's Charter School Fund. The City Manager shall annually
provide a copy of the most current executed lease.
6) Emergencies
In unforeseen circumstances or emergencies, if the facility is damaged or unable to
safely house students/personnel,the School must notify the Sponsor, immediately,
and secure an alternative location to ensure no interruption in instruction. The
alternative location shall be subject to all facility requirements indicated in this
Charter.
C) Location
1) School's Street Address
The School will be located at 3151 NE 213 Street, Aventura, Florida 33180 (Folio
No. 28-1234-019-0017).
2) Temporary Facility (if applicable)
The School will be housed at a temporary facility located at N/A.
3) Relocation
The School shall not change or add facilities or locations or relocate students into
non-permanent educational facilities (i.e. trailers, portable classrooms, etc.) at any
time during the term of this Charter without prior approval of the Sponsor through
the Charter amendment process. In all instances where the School intends to utilize
non-permanent educational facilities, the School must first provide the Sponsor
with appropriate documentation verifying compliance with local Building &
Zoning requirements, as well as from any other jurisdictional entities. If the site for
placement of the non-permanent educational facilities is leased, the School must
also provide written verification that the lease agreement permits the placement and
operation of such units on the demised premises. Violation of this provision
constitutes a unilateral amendment or modification of this Charter and good cause
for termination. If the School moves out of a shared facility, the School must
provide an audit of all equipment, educational materials, supplies, curriculum
materials and other items purchased with federal grant funds and such items must
be transferred to the School's new location.
4) Additional Campuses or Facilities, if applicable. 3301 N.E. 213th Street,
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Aventura, Florida 33180; Folio No. 28-1234-019-0020.
D) Prohibition to Affix Religious Symbols
The School shall not display any religious or partisan political symbols, statues, artifacts,
etc., on or about the property and facilities where the School will operate.
SECTION 6: TRANSPORTATION
A) School Responsibilities
The School shall provide for transportation of the School's students consistent with the
requirements of Chapter 1006, F.S. Any brochure, flyers or other multi-media and
telecommunications information furnished/published by the School shall communicate that
the School will provide transportation for eligible students and in the manner in which it
will be made available to the School's students. At the request of the parent, the School
shall provide transportation pursuant to the McKinney-Vento Homeless Assistance Act(42
U.S.C. Section 11431, et. seq.) for each child of a homeless individual and each homeless
youth. The School shall provide transportation for students with disabilities enrolled in the
School if required by the student's IEP. The School may provide transportation through an
agreement or contract with an approved private provider or parents.
B) Reasonable Distance
The School shall provide transportation for students beyond a reasonable distance from the
School as provided by law.
C) Compliance with Safety Requirements
Private transportation providers contracted by the school must be approved by the Sponsor
and comply with all applicable state and Sponsor's vehicle inspection and driver
certification requirements of subpart I.E. The School shall monitor the status of the
commercial driver's licenses of each school bus driver employed or hired by the School. If
requested, the School will provide the Sponsor a current list of all School Bus Drivers,
commercial driver's license numbers, current license status and license expiration dates.
D) Fees
The School may not charge a fee for transportation to which the student is entitled pursuant
to state law. If the School does not provide transportation, the School shall reimburse
parents for parent-provided transportation if the student is legally entitled to transportation
to the School to the extent the School is reimbursed by the State Pursuant to Chapter 1006
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(Subpart I.E), F.S. The School shall notify parents prior to enrollment and in all parent
information that they may be eligible for transportation reimbursement.
E) Private Transportation Agreement
The School will provide the Sponsor the name of the private transportation provider and a
copy of the signed transportation contract at least ten(10)working days prior to the opening
day of classes.
F) Reimbursement for School Provided Transportation
The rate of reimbursement to the School will be equivalent to the reimbursement rate
provided by the State for all eligible transported students within the school district.
G) Failure to Comply
Failure to comply with any local, state, or federal rule or regulation concerning school
transportation shall constitute good cause for termination of this Charter. Furthermore, the
School shall promptly reimburse the Sponsor for any penalties incurred by the Sponsor as
a result of the School's non-compliance. If the School submits data relevant to FTE funding
that is later determined through an audit to be inaccurate, the School shall be responsible
for any reimbursement to the State arising as a result of any errors or omissions for which
the School is responsible. Any deficit incurred by the School shall be the sole responsibility
of the School.
SECTION 7: INSURANCE AND INDEMNIFICATION
A) Indemnification of Sponsor
Subject to the monetary limitations of Florida Statute 768.28(5), which monetary
limitations shall apply without regard as to whether they would apply in the absence of this
provision, the School agrees to indemnify, defend with competent counsel, and hold the
Sponsor,its members,officers,and agents,harmless from any and all claims,actions,costs,
expenses, damages, and liabilities, including reasonable attorney's fees, arising out of,
connected with or resulting from: (a) the negligence of the School's employees,
contractors, subcontractors, or other agents in connection with and arising out of their
services within the scope of this Charter; (b) disciplinary action or the termination of a
School employee;(c)the debts accrued by the School and/or non-payment of same; (d)the
School's material breach of this Charter or violation of law; (e) any failure by the School
to pay its suppliers or any subcontractors; or (f) personal injury, property damage, or
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violations of civil rights that may arise out of or by reason of actions of the School and/or
its employees, agents, and representatives. For purposes of tort liability, the Board and
employees are subject to the limits of Section 768.28, F.S.
1) Indemnification for Professional Liability
The duty to indemnify for professional liability as insured by the School Leaders
Errors and Omissions Liability Policy described in this Charter will continue in full
force and effect notwithstanding the expiration or early termination of this Charter
with respect to any claims based on facts or conditions which occurred prior to
termination. In no way shall the School Leader's Errors and Omissions Liability
Policy's three(3)year limitation on post termination claims of professional liability
impair the Sponsor's claims to indemnification with respect to a claim for which
the School is insured or for which the School should have been insured under
Commercial General Liability Insurance. In addition, the School shall indemnify,
defend, and protect and hold the Sponsor harmless against all claims and actions
brought against the Sponsor by reason of any actual or alleged infringement of
patent or other proprietary rights in any material, process, machine or appliance
used by the School.
2) Notification of Third Party Claim, Demand, or Other Action
The School shall notify the Sponsor of the existence of any third-party claim,
demand or other action giving rise to a claim for indemnification under this
provision(a"third-party claim")and shall give each other a reasonable opportunity
to defend the same at its own expense and with its own counsel, provided that the
Sponsor shall at all times have the right to participate in such defense at its own
expense. If, within a reasonable amount of time after receipt of notice of a third-
party claim, the School shall fail to undertake to defend, the Sponsor shall have the
right, but not the obligation, to defend and to compromise or settle (exercising
reasonable business judgment) the third-party claim for the account and at the risk
and expense of the School, which the School agrees to assume. The School or the
Sponsor shall make available to each other, at their expense, such information and
assistance as each shall request in connection with the defense of a third-party
claim.
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3) Indemnity Obligations
The School's indemnity obligations under this provision and elsewhere in the
Charter shall survive the expiration or termination of this Charter.
B) Indemnification of School
The Sponsor, to the extent sovereign immunity can be waived,agrees to indemnify,defend
with competent counsel, and hold the School, its members, officers, and agents, harmless
from any and all claims, actions, costs, expenses, damages, and liabilities, including
reasonable attorney's fees, arising out of, connected with or resulting from: (a) the
negligence of the Sponsor's employees, contractors, subcontractors, or other agents in
connection with and arising out of their services within the scope of this Charter; (b)
disciplinary action or the termination of a Sponsor employee; (c)the debts accrued by the
Sponsor and/or non-payment of same; (d) the Sponsor's material breach of this Charter or
violation of law; (e) any failure by the Sponsor to pay its suppliers or any subcontractors;
or (f) personal injury, property damage, or violations of civil rights that may arise out of,
or by reason of actions of the Sponsor and/or its employees, agents, and representatives.
C) Acceptable Insurers
1) Acceptable Insurance Providers
Insurance providers must be authorized by subsisting certificates of authority by
the Department of Financial Services of the State of Florida, or (II) an eligible
surplus lines insurer under Florida Statutes. In addition, the insurer must have a
Best's Rating of"A" or better and a Financial Size Category of"VI" or better,
according to the latest edition of Best's Key Rating Guide, published by A.M. Best
Company.
2) Insurance Provider Compliance
If, during this period when an insurer is providing the insurance as required by this
Charter, an insurer fails to comply with the foregoing minimum requirements, as
soon as the School has knowledge of any such failure the School shall immediately
notify the Sponsor and promptly replace the insurance with insurance provided by
another insurer meeting the requirements. Such replacement insurance coverage
must be obtained within twenty (20) days of cancellation or lapse of coverage.
3) Minimum Insurance Requirements
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Without limiting any of the other obligations or liabilities of the School,the School
shall,at the School's sole expense,procure,maintain and keep in force the amounts
and types of insurance conforming to the minimum requirements set forth in this
Charter. Except as otherwise specified in this Charter, the insurance shall
commence prior to the commencement of the opening of the School and shall be
maintained in force, without interruption, until this Charter is terminated.
D) Commercial and General Liability Insurance
1) Liabilities Required
School's insurance shall cover the School for those sources of liability (including,
without limitation, coverage for operations, Products/Completed Operations,
II independent contractors, and liability contractually assumed) which would be
covered by the latest occurrence form edition of the standard Commercial General
Liability Coverage Form (ISO Form CG 00 Ol 12 04), as filed for use in the State
of Florida by the Insurance Services Office.
2) Minimum Limits
The minimum limits to be maintained by the School (inclusive of any amounts
provided by an umbrella or excess policy) shall be $1 million per occurrence/$3
million annual aggregate.
3) Deductible/Retention
Except with respect to coverage for Property Damage Liability, the Commercial
General Liability coverage shall apply on a first-dollar basis without application of
any deductible or self-insured retention.
{ 4) Occurrence/Claims
The coverage for Property Damage Liability may be subject to a maximum
deductible of$1,000 per occurrence.
5) Additional Insured
The School shall include the Sponsor and its members, officers, and employees as
Additional Insured on the required Commercial General Liability Insurance. The
coverage afforded such Additional Insured shall be no more restrictive than that
which would be afforded by adding the Sponsor as Additional Insured using the
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latest Additional Insured Owners, Lessees or Contractors (Form B) Endorsement
(ISO Form CG 20 10 07 04). The certificate of insurance shall be clearly marked
to reflect "The Sponsor (The School Board of Miami-Dade County, Florida), its
members, officers, employees, and agents as Additional Insured."
E) Automobile Liability Insurance
1) Coverage
The School's insurance shall cover the School for those sources of liability which
would be covered by Section II of the latest occurrence edition of the standard
Business Auto Policy (ISO Form CA 00 01 03 10), including coverage for liability
contractually assumed, as filed for use in the State of Florida by the Insurance
Services Office. Coverage shall be included on all owned, non-owned, and hired
autos used in connection with this Charter.
2) Occurrence/Claims and Minimum Limits
The minimum limits to be maintained by the School (inclusive of any amounts
provided by an umbrella or excess policy) shall be $1 million per occurrence, and
if subject to an annual aggregate, $3 million annual aggregate.
F) Workers' Compensation/Employers' Liability Insurance
1) Coverage
The School's insurance shall cover the School (and to the extent its subcontractors
and its sub subcontractors are not otherwise insured) for those sources of liability
which would be covered by the latest edition of the standard Workers'
Compensation Policy, as filed for use in Florida by the National Council on
Compensation Insurance,without restrictive endorsements. In addition to coverage
for the Florida Workers' Compensation Act, where appropriate, coverage is to be
included for the Federal Employers' Liability Act and any other applicable federal
or state law.
2) Minimum Limits
Subject to the restrictions found in the standard Workers' Compensation Policy,
there shall be no maximum limit on the amount of coverage for liability imposed
by the Florida Workers' Compensation Act or any other coverage customarily
insured under Part One of the standard Workers' Compensation Policy. The
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minimum amount of coverage for those coverages customarily insured under Part
Two of the standard Workers' Compensation Policy shall be: EL Each Accident:
$500,000; EL Disease-Policy Limit: $500,000; EL Disease-Each Employee:
$500,000.
G) School Leader's Errors and Omissions Liability Insurance
1) Form of coverage
•
The School shall provide School Leader's Errors and Omissions Liability Insurance
shall be on a form acceptable to the Sponsor and shall cover the School for those
sources of liability typically insured by School Leader's Errors and Omissions
Liability Insurance, arising out of the rendering or failure to render professional
services in the performance of this Charter, including all provisions of
indemnification, which are part of this Charter.
2) Coverage Limits
The minimum limits to be maintained by the School inclusive of any amounts
provided by an umbrella or excess policy, shall be $1 million per claim/annual
aggregate.
3) Occurrence/Claims
The insurance shall be subject to a maximum deductible not to exceed$25,000 per
claim. If the insurance is on a claims-made basis,the School shall maintain,without
interruption, the Professional Liability Insurance until three (3) years after
termination of this Charter.
H) Property Insurance
1) Structure Requirements
If the School is the owner and/or has a mortgage on the school site location, the
School shall furnish on a form acceptable to the Sponsor, Property Insurance for
the "Building" which is to include the structure as described in this Charter,
including permanently installed fixtures, machinery and equipment, outdoor
fixtures, and personal property to service the premises. If the Building is under
construction, the School shall provide evidence of property insurance for the
additions under construction and alterations, repairs, including materials,
equipment, supplies, and temporary structures within 100 feet of the premises.
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2) Additional Requirements
In addition, the School shall provide evidence of business personal property
coverage to include furniture, fixtures, equipment, and machinery used in the
School.
3) Business Personal Property Insurance
If the School leases the site location, then the School shall provide on a form
acceptable to the Sponsor no later than thirty(30)calendar days prior to the opening
of school, evidence of business personal property insurance, to include furniture,
fixtures, equipment and machinery used in the School.
I) Applicable to All Coverage
1) Other Coverage
The insurance provided by the School shall apply on a primary basis and any other
insurance or self-insurance maintained by the Sponsor or its members, officers,
employees or agents, shall be in excess of the insurance provided by or on behalf
of the School.
2) Deductibles/Retention
Except as otherwise specified, the insurance maintained by the School shall apply
on a first-dollar basis without application of deductible or self-insurance retention.
Liability and Remedies
Compliance with the insurance requirements of this Charter shall not limit the
liability of the School, its subcontractors, its sub subcontractors, its employees or
its agents to the Sponsor or others. Any remedy provided to the Sponsor or its
members, officers,employees or agents by the insurance shall be in addition to and
not in lieu of any other remedy available under the Charter or otherwise.
3) Subcontractors
The School shall require its subcontractors and its sub-subcontractors to maintain
any and all insurance required by law.
4) Default Upon Non-Compliance
Failure to comply with this section or to maintain the requisite insurance coverage
shall constitute a material breach of this Charter and constitute good cause for
termination.
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SECTION 8: GOVERNANCE
A) Public or Private Employer
The School shall be a private employer. If the School elects to be a public employer, the
School may participate in the Florida Retirement System (FRS) upon application and
approval as a "covered group" under Section 121.021(34), F.S. If a charter school
participates in the FRS, the charter school employees shall be compulsory members of the
FRS. Teachers and other staff on approved charter school leave from the Sponsor will be
considered employees of the School and will not be covered by the contract between the
United Teachers of Dade (UTD) and M-DCPS.
B) Governing Board Responsibilities and Organization Composition
The seven duly elected representatives of The City of Aventura Commission,will serve as
the School's Board of Directors (Board).
a) The primary responsibility of the Board is to lead in the identification and
development of broad goals and specific objectives to be accomplished by the
School. The Board supports these goals and specific objectives by annually
adopting the budget.
b) The Board will contract with an education management company to manage the
day to day operations of the school. The education management company will
report to both the City Manager and School Advisory Board. The Board will
oversee the City Manager who will ensure that the terms of the Management
Agreement between the education management company and the City is
implemented in accordance with the expectations of the Board. The City's
agreement with the education management company shall ensure that all the
provisions herein and in the application attached hereto as Appendix A shall be
enforced.
c) The School shall be held accountable to its students, parents/guardians, and the
community at large, through a continuous cycle of planning, evaluation, and
reporting as required by law.
d) Pursuant to F. S. §1002.33(12)(g), the School's Board members shall be
fingerprinted by the Sponsor prior to the approval of the School's Charter. Board
{
members appointed to the Board after the approval of the School's Charter must be
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fingerprinted within thirty(30)days of their appointment.The cost of fingerprinting
shall be borne by the School or the Board member. The Board agrees to dismiss
Board members whose fingerprint check results reveal non-compliance with
standards of good moral character.
e) The Principal shall be an employee of the education management company and
shall report to the City Manager and School Advisory Board. The teachers, support
staff, and contractual staff will be directly supervised by the Principal or the
education management company, as applicable.
f) An Educational Excellence School Advisory Council (EESAC) will be established
consistent with Fla. Stat. § 1001.452 to facilitate achievement of the mission of the
School, and to ensure that the School meets the needs of the children and
community it is developed to serve. To this end, the School will detail and address
the following components, for its EESAC: (a) establishment of by-laws; (b)
composition of membership; (c) election procedures; (d) communication and
posting of meeting agendas and minutes pursuant to Fla. Stat. §286.011 (Sunshine
Law).
g) The Board will establish a School Advisory Board to act in an advisory capacity to
the Board. The Board in conjunction with the School Advisory Board, will be
responsible for continuing oversight of the operations of the school.
h) As indicated above, the School will be responsible for administrative school
functions, such as bookkeeping, pursuant to the rules and policies that are
developed by the City Manager consistent with such standards for other public
schools.
i) No employee of the school may be a member of the Board.
j) No member of the Board will receive compensation, directly or indirectly, from the
School's operations, including but not limited to grant funds. Violation of this
provision shall constitute a material breach of the Charter.
k) The School will comply with Florida Statutes Chapter 119(the Public Records Act)
pursuant to Ha. Stat. § 1002.33(16)(6)2., and any other applicable statutes
pertaining to public records.
1) Organizational Plan
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The School shall implement the organizational plan as described in the approved
Application.
2) School Fiscal Agent
The City shall be the fiscal agent for the School.
3) Student/Parent Contract
The School agrees to annually submit any proposed Student/Parent contracts,
including amendments, to the Sponsor for review. The Sponsor shall approve or
reject the proposed parent contract within 30 days of receipt. If the Sponsor rejects
the proposed Student/Parent Contract, it shall provide its reasons for rejection in
writing and shall allow the School to resubmit a revised draft. The School shall not
use the Student/Parent contract unless it has been approved by the Sponsor. The
School shall not use language in these contracts to discriminate, involuntarily
withdraw or dismiss the student without due process and as required by the Code
of Student Conduct, or create a financial burden or any other barrier to enrollment
or re-enrollment. At a minimum, all communication to parents, including Parent
Contracts,shall be provided in English, Spanish and Haitian-Creole,as appropriate.
Attached is the School's Parental Contract/Handbook (Appendix 0). Violation
constitutes good cause for termination of the Contract.
4) Governing Board Reporting
The Board or its designee shall periodically report the School's academic progress
to all stakeholders.
5) Governance Training
Pursuant to state law, the Board shall participate in charter school governance
training facilitated by an approved FDOE vendor.
6) Employment of Relatives
The School and its employees shall comply with state law prohibiting the
appointment, employment, promotion, or advancement, or the advocacy for
appointment, employment, promotion, or advancement in or to a position in the
charter school in which the personnel are serving or over which the personnel
exercises jurisdiction or control of an individual who is a relative as defined in
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Section 1002.33(24)(a)2, F.S.
C) Public Records
The School shall comply with Chapter 119, F.S., (the Public Records Act), and all other
applicable statutes pertaining to public records.
D) Reasonable Access to Records by Sponsor
The School shall provide the Sponsor access to public records, at no cost, related to the
Board. Failure to provide such access will constitute a material breach of this Contract and
good cause for termination.
E) Sunshine Law
The Board meetings shall take place locally and in a physical location and facility that is
easily accessible to the School's parents, students and employees,be publicized in advance
to the school community and be open to the public pursuant to Section 286.011, F.S., (the
Sunshine Law): Parents/guardians shall be encouraged to attend. Notification shall be
available in languages other than English, where appropriate, e.g., Spanish, and Haitian-
Creole. Notices of all Board meetings must be posted at the School, at the location of the
meeting, on the School's website, and at the M-DCPS Citizen Information Center at least
five (5) days prior to the meeting. The Sponsor will post announcements filed with the
Citizen Information Center on the M-DCPS website on a timely basis.
F) Reasonable Notice of Governing Board Meetings
1) Notice of Governing Board Meetings
The Board shall publish on the School's website a schedule of all Board meetings
for the school year including the date, time and location of meetings. By July 15.
annually, the school shall provide the Sponsor the annual schedule of Board
meetings. The school shall provide reasonable notice to the Sponsor of any changes
or cancellation of scheduled meetings.
2) Governing Board Meeting Requirements
For those schools that are in their first year of operation or who have been declared
to be in a state of financial emergency,and/or who have been designated as a school
grade of D or F in any two consecutive or two of any three years, the Board shall
meet at least monthly. The boards for schools that do not meet any of the above
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criteria shall meet no less than four times per year. The Board must hold at least
two public meetings per school year in the school district. The meetings must be
noticed, open, and accessible to the public and attendees must be provided the
opportunity to receive information and provide input regarding the School's
operations. The appointed parent representative and charter school Principal or
{
Director, or his or her equivalent, must be physically present at each meeting.
G) Identification of Governing Board Members
1) Parental Representative Designee
The School's Board must appoint a parent representative to facilitate parental
involvement,provide access to information,assist parents and others with questions
and concerns, and resolve disputes.
(a) The Parent Involvement Designee must reside in the Miami-Dade School
District.
(b) The Parent Involvement Designee may be a Board member, charter school
employee, or individual contracted to represent the Board.
(c) If the Board oversees multiple charter schools in the same school district,
the Board must appoint a separate individual Parent Involvement Designee
for each charter school in the District.
(d) The Parent Involvement Designee's contact information must be provided
annually in writing to the Sponsor and parents and posted prominently on
the School's website.
H) Website
The School shall maintain a website that clearly provides information about the School's
academic performance and state accountability grades(s),the names of the Board members,
Board meeting schedule for the current school year, school programs, the management
company and/or service providers associated with the School, the School's annual budget
and annual independent fiscal audit, and, on a quarterly basis, the minutes of Board
meetings.
SECTION 9: EDUCATION SERVICE PROVIDER
A) Education Service Provider Agreement
1) School Use of ESP Services
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(a) The contract between the School and the education service provider/
management company (ESP) shall require that the ESP operate the School
in accordance with the terms stipulated in this Charter and all applicable
laws, ordinances, rules, and regulations. The contract between the School
and the ESP shall allow the School the ability to terminate the contract with
the ESP.
(b) Neither employees of the ESP nor families of employees of the ESP,Section
1002.33(24), F.S., shall serve on the Board or as officers of the Corporation.
(c) The School Leader shall be employed by the educational management
company and evaluated by the City Manager. The School Leader shall not
own, operate, or serve as an officer of the ESP that serves the School.
(d) The contract between the ESP and the City shall ensure that an "arms-
length," performance-based relationship exists between the City and the
ESP.
(e) The contract between the School and the ESP shall require that the ESP
disclose to the School and the Sponsor, any affiliations with individuals or
entities (e.g. lessors, vendors, consultants, etc.) doing business with the
School.
(f) The contract shall obligate the School to pay the ESP a reasonable, specific
fee for services.
(g) Any default or breach of the terms of this Charter by the ESP shall constitute
a default or breach by the School under the terms of the Charter between
the School and Sponsor.
2) Submission of EM' Agreement
The contract between the management company and the School shall be submitted
to the Sponsor prior to the approval of the School's Charter, or at the time an ESP
is contracted.
3) Amendments to ESP Contract
All proposed amendments to the contract between the school and the ESP must be
submitted to the Sponsor prior to execution. Material changes to the original
mission of the school's scope of services,or in the ESP, may require an amendment
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to this Charter.
4) ESP Contract Amendments
If the School and the ESP amend their contract in a manner that results in a material
change to the charter, this Charter will require modification through the contract
amendment process.
5) Change of ESP
If the School changes ESP companies, a Charter modification may be required.
SECTION 10: HUMAN RESOURCES
A) Hiring Practices
The School shall implement the plan, policies and procedures including how the School
will determine whether any potential employees are related to ESP owners or employees
or to Board members, as described in the approved Application. The School agrees that its
employment practices shall be nonsectarian.
1) Reporting Staffing Changes
The School shall provide the Sponsor with the names and social security numbers
of all applicants the School is interested in employing prior to the commencement
of employment. The School shall provide the Sponsor copies of monthly payroll
rosters as directed. The payroll rosters shall indicate the payroll period,hire date of
employee, the number of days that each individual was paid for, and the daily rate
of each salary or the total amount paid to each individual during that period. Failure
to provide this information in a timely manner where such failure continues after
written notice from the Sponsor may result in withholding of FTE payments until
the information is provided and shall constitute a breach of this Charter and good
cause to terminate the Charter. The parties agree that the School will use the
Sponsor's specifically-designed charter school employee management system and
procedures for processing staff information. The Sponsor shall provide appropriate
training to School personnel on the use of the electronic reporting facility.
2) Non-Discriminatory Employment Practices
The City and the School shall provide equal opportunity in employment, in
accordance with Title VII and the Sponsor's antidiscrimination rules and policies.
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3) Instructional Personnel
All instructional staff, including substitutes and paraprofessionals, employed by or
under contract to the School shall be certified as required by Chapter 1012, F.S.,
and shall meet all requirements for highly qualified/effective instructional
personnel as defined by the Every Student Succeeds Act(ESSA). The School may
employ or contract with skilled selected non-certified personnel to provide
instructional services or to assist instructional staff members as education
paraprofessionals in the same manner as defined in Chapter 1012, F.S. Staff
resumes/biographies shall be available to parents/guardians and community
members upon request. The School shall provide continuing professional
development programs for its teachers.
(a) The School shall not employ an individual for instructional services if the
individual's certification or licensure as an educator is suspended or
revoked by this or any other state. The School shall monitor teacher
certification and ensure that teachers maintain their certification current at
all times. Temporary instructors employed by the School must have met all
requirements as defined in Chapter 1012.35, F.S.
(b) In accordance with Section 1002.33 (12)(0, F.S., a charter school may not
knowingly employ an individual who has resigned from a school district in
lieu of disciplinary action with respect to child welfare or safety,or who has
been dismissed for just cause by any school district with respect to child
welfare or safety.
(c) For blended-learning programs, instructional personnel may be employees
of the charter school or may be contracted to provide instructional services.
At a minimum, the instructional personnel must hold state certification as
required by Section 1012.55, F.S., or school district adjunct certification
under Section 1012.57, F.S., for the subject area of the blended learning
course.
(d) The School shall comply with Sections, 1012.22(1)(a), 1012.335, and
1012.34, F.S., relating to employee contracts, compensation and salary
schedules, workforce reductions and performance evaluations. The School
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shall not enter into a contract with an employee that exceeds the term of this
Charter or include payment acceleration clauses based upon notification of
non-renewal or termination.
4) Fingerprinting and Background Screening
(a) Pursuant to Sections 1012.32(2)(a), 1002.33(12)(a), 1012.465, 1012.56,
and 435.04, F.S., the School shall fingerprint for level 2 screening of all
applicants, for instructional and non-instructional positions,that the School
intends to employ. Additionally, the School agrees that each of its
employees, representatives, agents, subcontractors, education service
providers, or suppliers who are permitted access on school grounds when
students are present, who have direct contact with students or who have
access to or control of school funds must meet level 2 screening
requirements as required.
(b) The Sponsor shall perform the processing of each applicant's fingerprints.
The School or the applicant shall bear any and all costs associated with the
required fingerprinting and level 2 background screening.
(c) The School shall not hire school employees prior to the Sponsor's receipt
and review of the fingerprinting and level 2 background screening results
of the charter school applicants from the Florida Department of Law
Enforcement and the Federal Bureau of Investigation. Potential School
employees shall submit official court dispositions for criminal offenses of
moral turpitude listed as part of their fingerprint results. The School shall
not hire applicants whose fingerprint check and level 2 screening results
reveal non-compliance with standards of good moral character.
Noncompliance may result in withholding of FTE payments, without
interest, and shall constitute good cause to terminate this Charter.
(d) The School shall conduct general drug screening on all applicants for
instructional and non-instructional positions, including contracted
personnel,pursuant to the Sponsor's School Board Policy 1124, Drug-Free
Workplace, and the Miami-Dade County Public Schools' Policy 1124,
Drug-Free Workplace(Appendix P). A negative drug screening result shall
86 I P a g e DON SOFFER A VENTURA CHARTER HIGH SCHOOL (MSW 7026)
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{
be a requirement and prerequisite for employment. The cost of drug
screening shall be borne by the School or the applicant.
5) Hiring Prohibition
In accordance with Section 1002.33(12)(1), F.S., a charter school may not
knowingly employ an individual who has resigned from a school district in lieu of
disciplinary action with respect to child welfare of safety, or who has been
dismissed for just cause by any school district with respect to child welfare or
safety.
B) Employment Practices
1) Statutory Prohibition and Required Disclosure regarding Hiring of Relatives
The School and its employees shall comply with state law prohibiting the
employment of relatives which prohibits the appointment,employment,promotion,
or advancement, or the advocacy for appointment, employment, promotion, or
advancement in or to a position in the charter school in which the personnel are
serving or over which the personnel exercises jurisdiction or control of an
individual who is a relative.
2) Self-Reporting of Arrests
The School shall require all instructional employees who hold Department of
Education teaching certificates to self-report within 48 hours to appropriate
authorities, including the School's Administration or the Board, any arrest and final
dispositions of such arrest other than minor traffic violations.
3) Standards of Behavior
The School shall prohibit employees from bringing firearms onto School property.
The School shall be responsible for the investigation and discipline of any School
employee who may be in violation of this prohibition.
4) Code of Ethics
The School shall require that its employees abide by the Florida Code of Ethics of
the Education Profession in Florida, and Principles of Professional Conduct for the
Education Profession in Florida(Appendix Q). The School shall be responsible for
the investigation and discipline of any School employee who violates this
87 Page DON SOFFER AVENTURA CHARTER HIGH SCHOOL (MS/D 7026)
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prohibition.
5) Personnel Policy
The School shall comply with its School's Personnel Policy (Appendix R) for
selecting and employing personnel.
6) Collective Bargaining
School employees shall have the option to bargain collectively and may collectively
bargain as a separate unit or as part of the existing School District collective
bargaining unit as determined by the structure of the School.
7) Immigration Status
The School shall employ only individuals legally authorized to work in the United
States pursuant to federal immigration laws and USCIS regulations.
8) Employee Discipline
The School shall discipline its employees pursuant to state law and rules and any
applicable federal laws. The School shall apply thorough, consistent, and even-
handed procedures in disciplinary actions. Terminated employees are entitled to
receive compensation for the time they have been employed.
9) Employee Evaluation
The School shall annually evaluate all instructional employees pursuant to state
law.
C) Sponsor Training of School's Employees
1) Participation and Cost for Training Activities
(a) Participation in federally funded training: The Sponsor shall provide
federally funded professional development activities to school employees
at no cost to the School.
(b) Participation in non-federally funded training: The Sponsor shall
provide professional development activities to school employees on a space
available basis. The School shall pay all additional costs associated with
such activities and the same rates and reimbursement calculations currently
charged to the Sponsor.
SECTION 11: REQUIRED REPORTS/DOCUMENTS
SS P a g e DON SOFFER A VENTURA CHARTER HIGH SCHOOL(MSID 7026)
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1
The School shall provide all required reports and documents as specified in Appendix S. The
Sponsor may require the School to provide additional reports and/or documents if necessary.
SECTION 12: MISCELLANEOUS PROVISIONS
A) Impossibility
Neither party shall be considered in default of this Charter if the performance of any section
or all of this Charter is prevented, delayed, hindered or otherwise made impracticable or
impossible by reason of any strike, flood, hurricane, riot, fire, explosion, war, act of God,
sabotage, accident or any other casualty or cause beyond either party's control, and which
cannot be overcome by reasonable diligence and without extraordinary expense.
B) Notice of Claim
1) Time to Submit
At least thirty(30) days prior to the initial opening day of classes, the School shall
furnish the Sponsor with fully completed Certificate(s) of Insurance signed by an
authorized representative of the insurer(s)providing all required coverage.
2) Notification of Cancellation
The School shall notify the Sponsor in writing of cancellation of insurance within
ten (10) days of the cancellation.
3) Renewal/Replacement
Until such time as the insurance is no longer required to be maintained by the
School, the School shall provide the Sponsor with evidence of the renewal or
replacement of the insurance no less than thirty (30) days before the expiration or
termination of the required insurance.
C) Drug-Free Workplace
The School shall be a drug-free workplace.
D) Entire Agreement
This Charter shall constitute the full, entire, and complete agreement between the parties.
All prior representations, understandings, and agreements whether written or oral are
superseded and replaced by this Charter. This Charter may be altered, changed, added to,
deleted from, or modified only through the voluntary, mutual consent of the parties in
89 I P a g e DON SOFFER AVENTURA CHARTER HIGH SCHOOL (MSID 7026)
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writing. Any substantial amendment to this Charter shall require approval of the School
Board.
E) No Assignment
This Charter shall not be assigned by either party. The School may, without the consent of
the Sponsor, enter into contracts for services with an individual or group of individuals
organized as a partnership or cooperative so long as the School remains ultimately
responsible for those services as set forth in this Charter.
F) No Waiver
No waiver of any provision of this Charter shall be deemed or shall constitute a waiver of
any other provision unless expressly stated. The failure of either party to insist in any one
or more instances upon the strict performance of any one or more of the provisions of this
Charter shall not be construed as a waiver or relinquishment of the term or provision, and
the same shall continue in MI force and effect. No waiver or relinquishment to any
provision of this Charter shall be deemed to have been made by either party unless in
writing and signed by the parties.
G) Default
Non-compliance with any of the terms and conditions of this Charter may constitute good
cause for termination.
H) Survival Including Post-Termination
All representations and warranties made in this Charter shall survive termination of this
Charter.
I) Severability
If any provision or any section of this Charter is determined to be unlawful,void or invalid,
that determination shall not affect any other provision or any section of any other provision
of this Charter and all remaining provisions shall continue in full force and effect.
J) Third Party Beneficiary
This Charter is not intended to create any rights of a third-party beneficiary. This clause
shall not be construed, however, as contrary to any statutory or constitutional right
possessed by a member of the community, a student, or parent/guardian of a student of the
School.
90 P a e e DON SOFFER A VENTURA CHARTER HIGH SCHOOL (MSID 7026)
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K) Choice of Laws
This Charter is made and entered into in the State of Florida and shall be interpreted
according to the laws of Florida, with venue in Miami-Dade County. The parties mutually
agree that the language and all parts of this Charter shall in all cases be construed as a
whole according to its fair meaning, and not strictly for or against any of the parties.
L) Notice
Every notice, approval, consent or other communication authorized or required by this
Charter shall not be effective unless it is in writing and sent postage prepaid by United
States mail, directed to the other party at the address provided or such other address as
either party may designate in writing from time to time:
The City of Aventura
Attn: City Manager
19200 West Country Club Drive
Aventura, Florida 33180
Don Soffer Aventura Charter High School
Attn: Principal
3151 NE 213 Street
Aventura, Florida 33180
The School Board of Miami-Dade County, Florida
Attn.: Superintendent
1450 N.E. 2nd Avenue, Suite 931
Miami, Florida 33132-1308
And copies of all Notices to:
. _ ._ . .Clerk of the School.Board
1450 N.E. 2nd Avenue, Suite 268B
Miami, Florida 33132-1308
M) Authority
Each of the persons executing this Charter represent and warrant that they have the full
power and authority to execute the Charter on behalf of the party for whom he or she signs
and that he or she enters into this Charter of his or her own free will and accord and with
his or her own judgment, and after consulting with anyone of his or her own choosing,
including but not limited to his or her attorney. The School and the Sponsor both represent
that they have been represented in connection with the negotiation and execution of this
91 I P a g e DON SOFTER A VENTURA CHARTER HIGH SCHOOL (MSID 7026)
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Charter and they are satisfied with the representation.
N) Conflict/Dispute Resolution
1) Contractual Conflicts
If a conflict arises out of the terms, construction, or rights or obligations contained
in this Charter, the Sponsor or the School may either use the Dispute Resolution
Procedure (Appendix T), or pursuant to Section l002.33(7)(a) and (b), F.S. This
provision does not apply to non-renewals or terminations.
2) School Stakeholder Conflicts
All conflicts between the School and the parents/legal guardians of the students
enrolled at the School shall be handled by the School or its Board. Evidence of each
parent's/guardian's acknowledgement of the School's Parent Conflict Resolution
Process shall be available for review upon request by the Sponsor.
3) Contractual Priority
In the event of any conflict between the provisions of this Charter and any appendix,
this Charter shall prevail.
0) Citations
All citations of legal authority and School Board Policy 9800, Charter Schools(Appendix
C), shall refer to those in effect when this Charter is executed, as amended from time to
time. Citations to all other School Board Policies shall refer to the policy in effect at the
time this Charter is approved unless the parties agree to subsequent amendments.
P) Headings
Headings in the Charter are for convenience and reference only and in no way define,limit,
or describe the scope of the Charter and shall not be considered in the interpretation of the
Charter or any provision hereof.
Q) M-DCPS Police
MDCPS School Police may accompany District officials in executing the Sponsor's
monitoring responsibilities and other official business.
92 I P a g c DON SOFFER AVENTURA CHARTER HIGH SCHOOL (MSID 7026)
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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
DON SOFFER AVENTURA CHARTER HIGH SCHOOL (MSID 7026)
4 &44 (4 _ r �� By: (/l/'
Signature sir
at Si 1. re of ate
City Clerk/Secr y City • Aventura
Name: E 11 L. OYVarlfl Name: 44 ✓_ 41401
City Clerk/Secretary City of Aventura
ATTEST: THE SCHOOL BOARD OF MIAMI - DADE COUNTY, FLORIDA
By: By:
Signature of Secretary Date Signature of Board Chair Date
Name: Name:
Secretary Board Chair
Approved as to Form and Legal Sufficiency:
By:
School Board Attorney Date
Name: \1\/\,,,tt,,n4 (AMA. (PAA5
School Board Attorney
931 P a g e DON SOFFER AVENTURA CHARTER HIGH SCHOOL (MSID 7026)
Standard Charter School Contract
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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
DON SOFFER AVENTURA CHAR1'bR HIGH SCHOOL(MSID 7026)
c-'3 1�' By: ... �C/1•' ' 1�1
Signature or
l at Si_�.' re of ate
City Clerk/Secr- .. City V Aventura
Name: '>>1 L• 0Yvat Name: e-1/9Ld ✓. 4-thel
City Clerk/Secretary City of Aventura
ATTEST: THE SCHOOL BOARD OF MIAMI-DADE COUNTY,FLORIDA
By: ‘,/,, ,ellt:17--"-1 -4'1 7/ By:I hikAn 4§/404..)3fillg_
Signature of Secretary Date Signature of Board Chair Date
Mrs.Valtena G.L r wn
Designor
Name: Name: pa& 1444.(4 V4titt n4.4
Secretary Board Chair
Approved as to Form and Sufficiency.
By. M, VA/V`"' 4 Ll [1.
School Board Attorney Date
Name: t\/\ L. (5
School Board Attorney
93(Page DON SOFFER AVENTURA CHARTER HIGH SCHOOL(MSID 7026)
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•
County, Florida, approve the
Superintendents recommendation for
disciplinary action,pending the outcome of an
administrative hearing or
grievance/arbitration proceeding, if
requested.]
a.Jose A. Palomino: suspension without pay
and initiation of dismissal proceedings from
his position as Security Specialist at
Lindsey Hopkins Technical College.
b. Claude A. Paul: suspension without pay
and initiation of dismissal proceedings from
her position as Teacher at Miami Park
Elementary School.
119, 815 0-65 APPROVED A. Approve three new charter school contracts
with:
1. Miami-Dade Foundation for Educational
Innovation, Inc., d/b/a/ Academy for
International Education Upper School for
Science and Technology (MSID 6093), to
approve an initial charter contract for a 5-year
term, commencing July 1, 2019, and ending
June 30,2024;
2. The City of Aventura, Florida, on behalf of
Aventura Charter High School (MSID 7026),
to (a)approve an initial charter contract for a
15-year term and, (b) change the school's
name from Aventura Charter High School to
Don Soffer Aventura Charter High School
commencing July 1, 2019, and ending June
30,2034; and,
3. Advanced Learning Charter School, Inc.,
d/b/a HIVE Preparatory School — Riverside
(MSID TBD), to approve an initial charter
contract for a 5-year term, commencing July
1, 2020, and ending June 30, 2024, as the
2019-2020 school year was designated as a
planning year.
B. Approve two charter school contract
amendments with:
1. Miami-Dade Foundation for Educational
Innovation, Inc., d/b/a/ Academy of
International Education Charter School
(MSID 5044), to (a) modify the grade level
configuration from Kindergarten through
grade eight to Kindergarten through grade
five; and, (b)decrease student enrollment by
496 students to a maximum enrollment of 444
students commencing July 1, 2019 and
ending June 30,2025,and
2. Pinecrest Academy, Inc., d/b/a Pinecrest
North Preparatory -Fontainebleau Campus
(MSID 5004), to allow the school to continue
to operate in its temporary location at 10207
W. Flagler Street, Miami FL 33174, until
December 21,2018.
Excerpts from Unofficial Minutes of November 20,2018 School Board Meeting Page 4
C. Approve a Reduction-in-Force/Layoff as
needed, only to the extent described in this
item as Total Initial Loss, in accordance with
School Board Policies and applicable
collective bargaining agreements.
119, 816 0_66 ADOPTED The proposed amendments to Board Policy
5500, Student Conduct and Discipline, and
pages to the documents, Code of Student
Conduct Elementary and Code of Student
Conduct Secondary, and authorize the
Superintendent to file the amended policy with
The School Board of Miami-Dade County,Florida
to be effective November 20, 2018.
119,817 E_1 RECEIVED/FILED The Monthly Financial Report for the period
ending September 2018.
119,818 E-2 APPROVED The Non-Expendable Personal Property
Inventory Deletions and Recoveries Report
containing 2,937 deletions with a depreciated
cost of $746,633 and 30 recoveries with a
depreciated cost of $28,492 to update the
records for April, May and June 2018.
119,819 E-66 APPROVED 1. The monthly premium equivalent rates and
plan design for all current benefit eligible full
and part time employees, eligible COBRA
participants, non-Medicare eligible retirees
and their eligible dependents for employee
organizations, Managerial Exempt Personnel,
Confidential Exempt Personnel and all labor
unions subject to successful collective
bargaining negotiation and ratification for the
self-funded medical program administered by
Cigna Healthcare effective January 1, 2019
through December 31, 2019, which appears
on page 3 of the agenda item;
2. The monthly premium equivalent rates for
employees hired on and after January 1,2018,
benefit eligible full and part time employees,
eligible COBRA participants, non-Medicare
eligible retirees and their eligible dependents
and all labor unions subject to successful
collective bargaining negotiation and
ratification for the self-funded medical
program administered by Cigna Healthcare
effective January 1, 2019 through December
31, 2019, which appears on page 4 of the
agenda item;
3. The composite rate structure for the District's
self-funded healthcare program for calendar
year 2019, with the Individual Stop Loss
premium's attachment point of$1,000,000,as
delineated in the Official Board Item ;and
4 Medicare Group plan offerings and applicable
premiums as referenced below with listed
plans and premiums to be subject to final
approval from Centers for Medicare and
Excerpts from Unofficial Minutes of November 20,2018 School Board Meeting Page 5
Office of Superintendent of Schools November 13, 2018
Board Meeting of November 20, 2018
Valtena G. Brown, Deputy Superintendent/Chief Operating Officer
School Operations
SUBJECT: REQUEST SCHOOL BOARD APPROVAL OF THREE NEW CHARTER
SCHOOL CONTRACTS AND TWO AMENDED CONTRACTS
COMMITTEE: PERSONNEL, STUDENT, SCHOOL AND COMMUNITY SUPPORT
LINK TO STRATEGIC
BLUEPRINT: RELEVANT, RIGOROUS AND INNOVATIVE ACADEMICS
NEW AND AMENDED CHARTER SCHOOL CONTRACTS
Section 1002.33(7), F.S., states that the major issues involved in the operation of charter schools
be considered in advance and written into a charter school contract between the charter school
and the School Board following a public meeting. Pursuant to School Board Policy 9800, Charter
Schools, three new charter school contracts and one amended charter school contract are
presented for consideration in this item. Additional details for the three new charter school
contracts can be found in Attachment "A", and additional details for the two amended charter
school contracts can be found in Attachment "B". All attachments are provided under separate
cover but are included and incorporated by reference in this Board item. Those recommendations
are as follows:
Table 1:NEW CHARTER CONTRACTS
Type of Contract Name of School Legal Entity Committee Supporting
Recommendation Documentation
Academy for International Miami-Dade Foundation
1. 5-Year Initial Contract Education Upper School for for Educational Approval
Science and Technology Innovation,Inc.
15-Year Initial
2. Contract 1 Municipality Aventura Charter High The City of Aventura, Approval
Operated* School Florida Attachment A
5-Year Initial Contract
(High Performing HIVE Preparatory School- Advanced Learning
3. Replication of HIVE Riverside Charter School,Inc. N/A
Preparatory School—
MSID 1014)
*Pursuant to s.1002.33(7)(13), F.S., a "In order to facilitate access to long-term financial resources for charter construction, charter
schools that are operated by a municipality or other public entity as provided by law are eligible for up to a 15-year charter,subject to
approval by the district school board."
Table 2:CHARTER SCHOOL CONTRACT AMENDMENTS
Type of Amendment Name of School Legal Entity Committee Supporting
Recommendation Documentation
Academy of Miami-Dade
Modify grade level configuration International Education Foundation for
1. and decrease enrollment Charter School(MSID Educational
5044) Innovation,Inc.
Pinecrest North Approval Attachment B
2. Extension of use of a temporary Preparatory Pinecrest Academy,
location Fontainebleau Campus) Inc.
(MSID 5004)
Revised
Page 1 of 3
D-65
DISTRICT IMPACT
Any significant increase in charter school student enrollment (Charter FTE) directly impacts the
District's operating budget as well as instructional and non-instructional staffing levels. The three
new contracts being presented represent a potential increase in overall charter school enrollment
and an anticipated initial loss to the District for the 2019-2020 SY.
To ensure that the District's financial position remains positive, Board authorization is requested
to allow a Reduction-in-Force/Layoff only if it becomes necessary. Any such Reduction-in-
Force/Layoff affecting instructional and non-instructional staff would be implemented in
accordance with School Board policies and applicable collective bargaining agreements. The
number of position reductions will not exceed the stated Initial Loss included in this item and will
be re-evaluated and adjusted in subsequent years to reflect changes in FTE. Additional
information on the impact is provided in Attachment "A".
Table 3: TOTAL INITIAL LOSS
Initial Loss Initial Loss-Human Capital
Projected Instructional Non-
District Impact Total FEFP Charter FTE Positions Instructional Total
Revenue(S) Positions
(#) Core Non-Core' Positions
New Contracts 3) $6,502,884 1,054 49 16 42 107
TOTAL INITIAL LOSS: $6,502,884 1,054 49 16 42 107
DUE PROCESS
To ensure proper notice and due process, the non-profit entities were noticed of the
Superintendent's recommendation to the School Board and were provided a copy of the contract
prior to the School Board Meeting. They were also informed of the School Board's Personnel,
Student, School and Community Support Committee Meeting and procedures for requesting to
appear before the School Board at meetings and public hearings.
Copies of the contracts have been transmitted to the School Board Members under separate
cover and will be available for inspection by the public in the Office of Board Recording Secretary,
Room 924, and in the Citizen Information Center, Room 158, 1450 N.E. Second Avenue, Miami,
Florida 33132.
Board approval of this item does not reflect or constitute a finding of need, justification, or
endorsement for any charter school as proposed in the item but only that it meets the statutory
requirements for Board approval of a charter school application or contract under Section
1002.33, F.S., and School Board Policy, 9800, Charter Schools.
RECOMMENDED: That The School Board of Miami-Dade County, Florida:
A. Approve three new charter school contracts with:
1. Miami-Dade Foundation for Educational Innovation, Inc., d/b/a/
Academy for International Education Upper School for Science
and Technology (MSID 6093). to approve an initial charter contract
for a 5-year term, commencing July 1, 2019, and ending June 30,
2024;
2. The City of Aventura, Florida, on behalf of Aventura Charter High
School (MSID 7026), to (a) approve an initial charter contract for a
15-year term and, (b) change the school's name from Aventura
'Core includes:elementary education,language arts/reading,mathematics,science,and social science.
Non-Core includes:electives and all other subject areas and programs.
Page 2 of 3
Charter High School to.¢on Soffer Aventura Chatr High School
commencing July 1, 2019, and ending June 30, 2634; and,
3. Advanced Learning Charter School, Inc., d/b/a HIVE Preparatory
School — Riverside (MSID TBD), to approve an initial charter
contract for a 5-year term, commencing July 1, 2020, and ending
June 30, 2024, as the 2019-2020 school year was designated as
a planning year.
B. Approve two charter school contract amendments with:
1. Miami-Dade Foundation for Educational Innovation, Inc., d/b/a/
Academy of International Education Charter School (MSID 5044),
to (a) modify the grade level configuration from Kindergarten
through grade eight to Kindergarten through grade five; and, (b)
decrease student enrollment by 496 students to a maximum
enrollment of 444 students commencing July 1, 2019 and ending
June 30, 2025; and
2. Pinecrest Academy, Inc., d/b/a Pinecrest North Preparatory -
Fontainebleau Campus (MSIR 5004), to allow the school to
continue to operate in its temporary location at 10207 W. Flagler
Street, Miami FL 33174, until December 21, 2018.
C. Approve a Reduction-in-Force/Layoff as needed, only to the extent
described in this item as Total Initial Loss, in accordance with School
Board Policies and applicable collective bargaining agreements.
Attachment
Page 3 of 3
School Board Agenda Item D-65
ATTACHMENT A
NEW CHARTER CONTRACTS:
1. Miami-Dade Foundation for Educational Innovation,Inc.d/b/a Academy for International Education Upper School of Science and Technology;
2. The City of Aventura,on behalf of;Aventura Charter High School;and,
3. Advanced Learning Charter School, Inc.d/b/a HIVE Preparatory School-Riverside.
NEW CHARTER SCHOOL CONTRACTS
School Initial Year DISTRICT
Location Term Grade IMPACT
Enrollment
Levels Recommended 2019-2020 SY
School Information Action(s)andior Special
Geographic
Maximum CapacityArea Revenue
Feeder Initial/ Provisions Positions
Pattern Exp. Projected Maximum Non-
Enrollment Capacity Instr. Instr.
Academy for
International
Education Upper 1080 LaBaron Drive,Miami 5 6-9 277 $1,261,520
School of Science Springs,FL 33166
and Technology ---------_._..__......................._...._._._..-.'.__.__-- Recommended Action(s): Miami Springs
(MSID 6093)
Approve an initial charter Central
Legal Entity: Hialeah Elem.;Lorah Park school contract for a 5-year Region
Miami-Dade Elem.;Miami Springs term commencing July 1,
Foundation for Elem.;South Hialeah 2019-
6-122019,and endingJune 30, Castillo
Elem.;S nn view Elem.; 2024 556 VD5 12 8
Educational p 9 2024.
Innovation,Inc. Miami Springs Middle;and,
Miami Springs Senior
Proposed ESP:
MDCPS _
Aventura Charter Folio: 28-1234-019-0017
High School (Near NE 33rd Ave.and NE 15 9-10 400 Recommended Action(s): $1,835,450
(MSID 7026) 213th St.,Aventura,FL) years The City of
(a)Approve an initial charter Aventura
Legal Entity:The .----------------- - — - - school contract for a 15-year
City of Aventura VAB/Highland Oaks Elem.; term and,(b)change the North
(Municipal Charter Madie Ives K-8 Preparatory school's name from Aventura Region ••
Academy;cademy;Ojus Elem.; 2019- Charter High School to Don
Aventura Waterways K$ 2034 9-12 800 Soffer Aventura Charter High Krop 17 12
Proposed ESP: Center;Highland Oaks School commencing July 1, VD 3 •
Charter Schools Middle;and,Dr.Michael M. 2019,and ending June 30,
USA Krop Senior 2034. __
HIVE Preparatory
School-Riverside 2922 NW 22nd Ave,Miami 5 K-6 728 $3,405,914
(MSID TBD) FL 33142 NW Miami,
(High Performing - - - - Florida -----
Replication of HIVE Recommended Action(s): F
Preparatory School Lenora B.Smith Elem.; Central j E
-MSID 1014) Maya Angelou Elem.; Approve an initial charter Region v
Legal Entity: Comstock Elem.School; school contract for a 5-year . i
Advanced Learning Paul Dunbar K-8 Center; 2019- term commencing July 1, Bendross- s
Charter School,Inc. Kelsey Pharr Elem.School; 2024
K-8 820 2019,and ending June 30, Mindingall 36 22 E
Santa Clara Elem.School; 2024. VD2 I c
Proposed ESP: Allaphattah Middle School;
BridgeRock and,Miami Jackson SH
Educatioanal Corp.
Total 2019-2020 Instructional Positions: 65
Total 2019-2020 Non-Instructional Positions: 42
TOTAL 2019-2020 POSITIONS: 107
D-65 -Attachment A Page 1 of 2 School Board Meeting of Novemoer 20 2018
i
School Board Agenda Item D-65
ATTACHMENT A
Initial Year Loss(2019-2020 SY): The revenue and positions indicated as"Initial Year Loss" provide an estimate of the potential impact on
the District's General Fund($6,502,884)instructional staffing(65 positions),and non-instructional staffing(42 positions).The loss of revenue
is based on 95%of FEFP funds per student and 75%of the initial year enrollment projection that the District will not realize for the current
fiscal year.
Copy of the contracts will be transmitted to the School Board Members under separate cover and will be available for inspection by the public
in the Office of Board Recording Secretary, Room 924, and in the Citizen Information Center, 1450 N.E. Second Avenue, Miami, Florida
33132, Room 158.
D-65 -Attachment A Page 2 of 2 School Board Meeting of November 20,2018
School Board Agenda Item D-65
ATTACHMENT B
CHARTER SCHOOL CONTRACT AMENDMENTS:
1. Miami-Dade Foundation for Educational Innovation, Inc.,d/b/a Academy for International Education Charter School
2. Pinecrest Academy, Inc., d/b/a Pinecrest North Preparatory(Fontainebleau Campus) (MSID 5004).
CHARTER SCHOOL CONTRACT AMENDMENTS
School Current Current DISTRICT
Location Term Enrollment IMPACT
Grade 2018 Recommended 2019-2020 SY
School Information Levels School Action(s)and/or Special Geographic Revenue
Feeder Beg.l Maximum Grade! Provisions Area Positions
Rating
• Pattern Exp. Capacity Non-
Instr.
Instr.
Academy for Recommended
International 1080 LaBaron Drive, 10 Action(s):to(a)modify
Education Charter Miami Springs,FL years the grade level N/A
School 33166 configuration from
(MSID 5044) Kindergarten through
-- --— ---
- grade eight to Miami Springs
Legal Entity: Kindergarten through
Miami-Dade Hialeah Elementary, K-8 B grade five;and,(b)to
Foundation for Lorah Park Elem., decrease the student Central
Educational Miami Springs Elem., 2015- enrollment by 496 Region
students thereby
Innovation,Inc. South Hialeah Elem., 2025decreasing the overall Castillo N/A N/A
Springview Elem., student enrollment to 444 VD 5
Current ESP: Miami Springs Middle,
MDCPS Miami Springs Senior, students;commencing
July 1,2019 and ending
June 30,2025.
Address not yet Recommended
determined-Near Action(s):
Pinecrest North N.W.89th Avenue& 5 Allow the school to
Preparatory Fontainebleau Blvd. years 82 continue to operate on its N/A
(Fontainebleau Miami,FL 33172 temporarily location at
Campus)(MSID (Folio No.30-4004- 10207 W. Flagler Street, Unincorporated
5004) 084-0555). Miami FL 33174, (Westchester)
commencing November 1,
2018 and ending Central
Banyan Elem.;C.Park K-8 NIA December 21,2018. Region
Legal Entity: Elem.;C.R.Hadley
•
Pinecrest Academy, Elem.;Rockway .Additional Information: Castillo •
Inc. Elem.;Seminole
Elem.;E.W.F.Stirrup 2018 Thereafter,the school will VD 5
•
900 be located in a facility N/A • N/A
Current ESP: Elem.;Sweetwater 2022 near 8851 Fontainebleau
Academica LLC Elem.;Everglades K-8 Blvd.,Miami,FL 33172
Ctr;Rockway MS;R. (Folio No.30-4004-084-
Dario MS;and M. 0555).
Coral Park SH
Copies of the amended contracts will be transmitted to the School Board Members under separate cover and will be available for inspection
by the public in the Office of Board Recording Secretary, Room 924,and in the Citizen Information Center, 1450 N.E.Second Avenue, Miami,
Florida 33132, Room 158.
D-65—Attachment B Page 1 of 1 School Board Meeting of November 20,2018