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HomeMy WebLinkAboutSigned contract for Westlake Academy Charter School TEXAS EDUCATIONAGENCY 1701 North Congress Ave.*Austin,Texas 78701-1494*512/463-9734*FAX:512/463-9838*http://www.tea.state.tx.us December 3, 2003 Scott Bradley Town of Westlake 3 Village Circle,Ste 207 Westlake, TX 76262 Dear Mr. Bradley: Enclosed is a signed contract for the Westlake Academy Charter School. This one is for your school files, and the other original has been placed in your files at the Texas Education Agency. I look forward to working with you and your school. Sincerely, q �� Ertha Patrick, Division Manager Division of Charter Schools CC: Trent Petty Enclosure Fulfilling the Promise for All Texas Children �y CONTRACT FOR OPEN-ENROLLMENT CHARTER This contract is executed between the Texas State Board of Education (the "Board") and Town of Westlake ("Charter Holder") for a Seventh Generation open-enrollment charter to operate Westlake Academy Charter School, a Texas public school. General 1. Definitions. As used in this contract: "Charter" means the Seventh Generation open- enrollment charter, as provided by, Chapter 12, Subchapter D, Texas Education Code, granted by this contract. "Charter Holder" means the sponsoring entity identified in the charter application and the entity to which a charter is granted by this contract. "Charter school" means the Seventh Generation open-enrollment charter school. The charter school is pan`of the public school system of Texas and is a charter school within the meaning of 20 U.S.C. § 8066. "Agency" means the Texas Education Agency "Commissioner" means the Commissioner of Education. 2. The Charter. This contract grants to Charter Holder a Seventh Generation open- enrollment charter under Texas Education Code Chapter 12, Subchapter D. The terms of the charter include: (a) this contract; (b) applicable law; (c) Request for Application RFA 701-01-004 (d) any condition, amendment, modification, revision or other change to the charter adopted or ratified by the Board or the Commissioner; (e) all statements, assurances, commitments and representations made by Charter Holder in its application for charter, attachments or related documents, to the extent consistent with the aforementioned (a) through (d); and (f) assurance by Charter Holder, evidenced by execution of this contract, that no false information was submitted to the Agency or the Board by Charter Holder, its agents, or its employees in support of its application for charter. Action inconsistent with the terms of the charter shall constitute a material violation of the charter. 3. Term of Charter. The charter shall be in effect from the date of execution through unless renewed or terminated. The grant of this charter does not create Pevi&nl a renewal of the charter. The charter may be renewed for an additional 'de ` d by the Commissioner. 4. 7 reement. The terms of the charter may be revised with the consent of harter Hol . y written amendment approved by the Commissioner. CDI __FFn Ei17W < < �- 1 SE _ 3 21`3 Students 5. Open-enrollment. Admission and enrollment of students shall be open to any person who resides within the geographic boundaries stated in the charter application and who is eligible for admission based on lawful criteria identified in the charter application. Total enrollment shall not exceed the maximum number of students set out in the charter application. The charter school's admission policy shall prohibit discrimination on the basis of sex, national origin, ethnicity, religion, disability, academic, artistic, or athletic ability, or the district the student would otherwise attend. 6. Non-religious Instruction and Affiliation. The charter school shall not conduct religious instruction. The charter school, the sponsoring entity, and any entity that owns or controls the sponsoring entity in whole or in part (including by the power to select officers or directors) shall be nonsectarian in its programs, policies, employment practices, and all other operations. 7. Children with Disabilities. The charter school is a "local educational agency" as defined by federal law. Charter Holder must comply with the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1401, et seq., and implementing regulations; Section 504 of the Rehabilitation Act of 1973 (Section 504), 29 U.S.C. § 794, and implementing regulations; Title 11 of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12131- 12165, and implementing regulations; Chapter 29, Texas Education Code, and implementing rules; and court cases applying these laws. Among the charter school's legal responsibilities in this area are the following: (a) Child Find. Charter Holder must adopt and implement policies and practices that affirmatively seek out, identify, locate, and evaluate children with disabilities enrolled in the charter school or who contact the charter school regarding enrollment. (b) Free Appropriate Public Education. Charter Holder must provide a free appropriate public education to all children including children with disabilities otherwise eligible to enroll in the charter school. If the program, staff, or facilities of the charter school are not capable of meeting the needs of a particular child, Charter Holder must implement changes necessary to accommodate the child at the charter school. If reasonable accommodations would be insufficient to enable the child to benefit from the charter school's program, Charter Holder must,at its own expense, place the child at an appropriate school. (c) Services to Expelled Students. Charter Holder must continue to provide a free appropriate public education to a child with disabilities even after expelling or suspending the child for valid disciplinary reasons. (d) Monitoring. The charter school's implementation of the laws education of children with disabilities will be monitored for compliance by the United States Department of Education, .Office of Special Education Programs; the United States Department of Education, Office of Civil Rights; the Agency; and others. (e) Due Process Hearings. The charter school's implementation of the laws governing education of children with disabilities will also be subject to scrutiny by 2 the courts if litigation against Charter Holder is brought by individuals affected by the actions of the charter school. 8. Student Performance and Accountability. Charter Holder shall satisfy Chapter 39, Subchapters B, C, D, and G of the Texas Education Code, and related Agency rules, as well as the student performance accountability criteria stated in its application for charter. Financial Management 9. Federal Withholding Requirements. Failure to comply with Internal Revenue Service withholding regulations shall constitute a material violation of the charter. 10. Workers' Compensation. Charter Holder shall extend workers' compensation benefits to charter school employees by (1) becoming a self-insurer; (2) providing insurance under a workers' compensation insurance policy; or(3) entering into an agreement with other entities providing for self-insurance. Governance and Operations 11. Indemnification. Charter Holder shall hold the Board and Agency harmless from and shall indemnify the Board and Agency against any and all claims, demands, and causes of action of whatever kind or nature asserted by any third party and occurring or in any way incident to, arising out of, or in connection with wrongful acts of Charter Holder, its agents, employees, and subcontractors. This Agreement 12. Entire Agreement. This contract, including all referenced attachments and terms incorporated by reference, contains the entire agreement of the''parties. All prior representations, understandings, and discussions are superseded by this contract. 13. Severability. If any provision of this contract is determined by a court or other tribunal to be unenforceable or invalid for any reason, the remainder of the contract shall remain in full force and effect, so as to give effect to the intent of the parties to the extent valid and enforceable. 14. Conditions of Contract. Execution of this contract by the Board is conditioned on full and timely compliance by Charter Holder with: (a) the terms, required assurances, and conditions of Request for Application RFA 701-01-004; (b) applicable law; and (c) all commitments and representations made in Charter Holder's application and any supporting documents (to the extent such commitments and representations are consistent with the terms of this contract). 15. No Waiver of Breach. No assent, express or implied, to any breach of any of the covenants or agreements herein shall waive any succeeding or other breach. 16. Venue. Any suit arising under this contract shall be brought in Travis County, Texas. 17.. Governing Law. In any suit arising under this contract, Texas law shall apply. 3 18. Laws and Rules Applicable. By executing this contract, the undersigned representatives of Charter Holder represent that they have read and understand the rules adopted by the Board and the Commissioner pursuant to Texas Education Code Chapter 12, Subchapter D and that they have had full opportunity to consult with their own legal counsel concerning said rules prior to executing this agreement. The undersigned representatives further understand and agree that: (a) the terms of this contract, and of the Seventh Generation open-enrollment charter created by this contract, include all applicable state and federal laws, including all applicable rules and regulations; (b) the rules and regulations adopted pursuant to state and federal law may be adopted, amended or repealed from time to time; and (c) all such changes to the rules and regulations applicable to Charter Holder shall become an essential part of this contract and of the open-enrollment charter created by this contract, as of the effective date provided in the rule or regulation. 19. Eligibility and Authority. By executing this contract, Charter Holder represents that it is an "eligible entity" within the meaning of Section 12.101 (a), Texas Education Code. Charter Holder shall immediately notify the Commissioner of any legal change in its status, which would disqualify it from holding the charter, of any violation of the terms and conditions of this contract, or of any change in the chief operating officer of the Charter Holder. Charter Holder further represents that the person signing this contract has been properly delegated authority to do so. Entered into t day o 2003. T State Board duc tion: Town of Westlake: 9 2 03 G raldine Miller, Ch it —N-Te— Scott Br dley, Chair Date Westlake Academy Charter School: J Trent Petty, Date Chief Operating Officer 4