Colorado Articles of Incorporation for Profit by roj84247

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									CHARTER SCHOOL CONTRACTING
Introduction

 Common application, checklist for
  completeness and review rubric developed
  earlier this year.
 Sample contract developed at the request of
  districts.
   Collaborative effort of Charter School Institute, CO
    Dept of Education and CO League of Charter Schools.
   Ongoing vetting by attorneys, authorizers, and the
    charter school community.
Charter School Facts

 Charter Schools Act enacted in 1993
 October 2009: 160 schools serving 66,000
  students in kindergarten through grade 12
 Urban and rural, on-line and brick/mortar
 Fewer than 30 to more than 5000 students
 45 districts and CSI authorize charter schools
 Largest three authorizers have 24, 20, and 15
  schools;
 25 authorizers have only one charter school
 More than 44,000 students on waiting lists
Charter School Philosophies

 Autonomy in return for accountability
 Autonomy and accountability defined
  through the charter contract
 Creative and innovative
 Market driven
 Outcome, not process, driven
 Unique populations
 Special student interests
 The right to fail
  Quality Charter Contracts

 Establish a transparent relationship between
  the parties.
 Promote success of the charter school.
 Reflect that outcomes are more important
  than process.
 Detail each parties rights and responsibilities
 Take into account the district and school’s
  unique circumstances
  Quality Charter Contracts

 Balance oversight and autonomy
   Clearly define material vs. non-material changes
   Clearly define the range of district interventions and
    related procedures
 Are user-friendly
            Contract Cautions

 Each party needs legal counsel.
 There are many ways to say the same thing.
 There are different legal views of some common charter
  contract provisions.
 Not every circumstance can be anticipated by a contract –
  there is no substitute for collaborative problem solving.
 New issues do not necessarily require a new contract
  provision – less can be more.
 Contracts with schools should evolve over time as the
  relationship between the parties matures.
 Authorizer should adhere to authorizer quality standards.
    Sections of the Contract

 Section 1: Introduction
 Section 2: Establishment of School
 Section 3: District-School Relationship
 Section 4: School Governance
 Section 5: Operation of School and
  Waivers
 Section 6: School Enrollment and
  Demographics
    Sections of the Contract


 Section 7: Educational Program
 Section 8: Financial Matters
 Section 9: Personnel
 Section 10: Service Contracts with the
  District
 Section 11: Facilities
 Section 12: Charter Renewal, Revocation,
  and School-Initiated Closure
 Section 13: General Provisions
                  Key Sections

 Section 3: District-School Relationship
     3.1 District Rights and Responsibilities
        A. Right to review
        B. Complaints
        C. School health or safety issues
        D. Feedback about progress
        E. Access to student records
   3.2 School responsibilities and rights
        A. Records
        B. Notification Provided to the District
        C. Compliance
        D. Reports
 Section 3: District-School Relationship

 3.3 Indemnification.
 3.4 Procedures for Articles of Incorporation and Bylaws
  amendments.
 3.5 District-school dispute resolution procedures.
 3.6 Other remedies.
 3.7 District violations of charter school law or this
  contract
                  Section 3 Contents

 Spells out the obligations and authority of each
  party
   Charter school obligations:
      Maintain records
      Notify authorizer when certain conditions arise
      Comply with law, the contract, and district policies (unless
       waived)
      Complete listed and other reports on-time
   District obligations
      Review school operations including records
      Notify the charter school when complaints about it are
       received
      Minimize reporting requirements
      Provide annual feedback about progress
               Section 3 Contents

 Corrective action (Other Remedies)
   Corrective action provides options for authorizers
    prior to initiating revocation process.
   The range of options and the corrective action chosen
    needs to match the range of possible violations.
   Prior to intervening (other than immediate threats to
    student health or safety), a school should be given
    notice of the allegations, the evidence supporting the
    allegation, an opportunity to respond, the time frame
    for correcting the deficiency, and the expected result.
           Section 7: Educational Program

   7.1 Vision.
   7.2 Mission.
   7.3 School goals.
   7.4 School objectives.
       A. Mission-specific school objectives
       B. District Accreditation Indicators
 7.5 Educational program characteristics.
 7.6 GED and online programs.
 7.7 Curriculum, instructional program, and pupil performance
  standards.
 7.8 Graduation requirements.
 7.9 English language learners.
 7.10 Education of students with disabilities.
          Section 7 Contents
 Mission and vision are incorporated into the contract body.
 Educational program characteristics requiring authorizer
  approval to change are included in the contract.
 Charter school objectives are incorporated into the
  contract.
 Objectives include both school-selected, mission-specific
  outcomes and authorizer’s school accreditation indicators.
 Accreditation indicators should include operations and
  financial, as well as academic indicators.
 For high schools, graduation requirements and diploma
  details are included in the contract.
Section Ten: Service Contracts with the District

 Purchased services agreements are separated from
  other financial provisions.
 Purchased service agreements are completely voluntary,
  except for special education and central administrative
  overhead costs.
 Agreements are typically negotiated for one-year only
  with the option to renew the agreement.
    Other Contract Highlights

 Educational service provider agreements
 Material changes
 Waivers
 Enrollment of students with disabilities
          Education Service Provider
                  Agreements
 Applicable to both for-profit or not-for-profit providers
 Requires that certain provisions must be included in the ESP-
   charter school contract
      Permits charter school board to end the contract either for cause or
       without cause and without penalty.
      Prohibits ESP employees or others with relationship to ESP from serving
       on the charter board.
      Requires school records to be maintained at local school.
      Funds are maintained in approved Colorado banks until paid to the ESP.
      ESP contract cannot exceed the length of the charter contract.
 Charter board must have its own legal counsel.
 Charter board must withhold sufficient funds to carry out its
  oversight functions including independent audit, legal counsel,
  training, and hiring other identified specialists.
 Governance documents should include a required charter board
  member conflict of interest disclosure.
            Material Changes

 Application is referenced and certain pieces are
  lifted out and incorporated into the body of the
  contract or attachments.
 “Material changes” are the key, “mission-critical”
  issues that should require contract revisions.
 The contract should dilineate those changes that
  may be made without a contract revision – for
  example, with notice only or notice and
  opportunity to comment.
                          Waivers

 5.5 Waivers.
  A. State laws and regulations
    i.     Automatic waivers
    ii.    Additional waiver requests
    iii.   Procedures for additional waiver requests
    iv.    Subsequent waiver requests
  B. District policies
    i.     Automatic waivers
    ii.    Additional waivers
    iii.   Subsequent waiver requests
    iv.    Revocation of waivers
                  Waivers

 Delineates waivers of state law from district
  policy because procedures are different.
 Does not require the waiver of non-applicable
  laws or policies or ones that are fully
  delegated through the contract.
    Enrollment of students with disabilities

 Decisions about whether or not to admit a particular student with
  disabilities to a charter school should be made after the lottery or other
  enrollment prioritization process.
 A screening team consisting of the School Principal or designee, the
  School mild/moderate teacher, and a District representative reviews the
  IEP or Section 504 Plan, and, determines whether the services and space
  available at the School are sufficient to deliver the program required by
  the IEP or to provide the accommodations required in the Section 504
  Plan.
 A student with disabilities in a center-based program or who has
  intensive service needs as identified by an IEP Team applies for
  admission into a charter school, the principal of the school shall convene
  an IEP Team meeting. The application for admission is contingent upon
  the determination by the IEP Team that the student can receive a free
  appropriate public education in the least restrictive environment at the
  charter school in its existing programs and at its current level of staffing.
Next Steps

 Continue to vet the sample contract language
  and narrative
   Authorizers
   Attorneys
   Charter school leaders
 Make sample contract language available
  electronically
 Evaluate its effectiveness & revise as
  necessary
Questions?

								
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