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,
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Ertha Patrick, Division Manager
Division of Charter Schools
CC: Trent Petty
Enclosure
Fulfilling the Promise for All Texas Children
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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
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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.
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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
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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.
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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
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