HomeMy WebLinkAboutWestlake Academy contract to operate a public school Westlake Academy
This contract is executed between the Texas State Board of Education (the "Board") and
Westlake Academy ("Charter Holder") for an open-enrollment charter to operate a
Texas public school.
General
1. Definitions. As used in this contract:
"Charter' means the open-enrollment charter, as provided by Subchapter D,
Chapter 12, Texas Education Code (TEC), granted by this contract.
"Charter Holder" means the sponsoring entity identified in the charter
application.
"Charter school" means the open-enrollment charter school. Charter Holder
agrees to operate as provided in this contract. The charter school is a Texas
public school and a charter school within the meaning of 20 U.S.C. §8066 .
"Agency" means the Texas Education Agency.
2. The Charter. This contract grants to Charter Holder an open-enrollment charter under
Subchapter D, Chapter 12, TEC. The terms of the charter include: (a) this contract; (b)
applicable law; (c) Request for Application#701-01-004; (d) any condition, amendment,
modification, revision or other change to the charter adopted or ratified by the Board; (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
(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 employees in support of its application for charter.
3. Authority Granted by Charter. The charter authorizes Charter Holder to operate a charter
school subject to the terms of the charter. Action inconsistent with the terms of the
charter shall constitute a material violation of the charter.
4. Alienation of Charter. The charter may not be assigned, encumbered, pledged or in any
way alienated for the benefit of creditors or otherwise. Charter Holder may not delegate,
assign, subcontract pr otherwise alienate any of its rights or responsibilities under the
charter. Any attempt to do so shall be null and void and of no force or effect; provided,
however, that Charter Holder may contract at fair market value for services necessary to
carry out policies adopted by Charter Holder or the governing body of the charter school.
Charter Holder may not engage or modify the terms of the engagement of a private
management company without approval by the Board in accordance with Paragraph 7 of
this contract.
5. Term of Charter. The charter shall be in effect from the date of execution through
August 1, 2006, unless renewed or terminated.
6. Renewal of Charter. On timely application by Charter Holder in a manner prescribed by
the Board, the charter may be renewed for an additional period determined by the Board.
The charter may be renewed only by written amendment approved by vote of the Board
and properly executed by its chair.
7. Revision by Agreement. The terms of the charter may be revised with the consent of
Charter Holder by written amendment approved by vote of the Board. For purposes of
this paragraph, the terms of the charter include, among other provisions, specifications
concerning the school's governance structure, characteristics of the educational program
to be offered, and the location, type and number of facilities at which the school will
operate. The commissioner of education ("the commissioner") may revise the charter on
a provisional basis during an interim between Board meetings; however, such action
shall expire unless ratified by the Board at its next regular meeting. Nothing in this
paragraph limits the authority of the Board or the commissioner to act in accordance with
other provisions of this contract.
Students
8. Open Enrollment. Admission and enrollment of students shall be open to any person
who resides within the geographic boundaries stated in the charter and who is eligible for
admission based on lawful criteria identified in the charter. Total enrollment shall not
exceed the maximum number of students approved by the State Board of Education. The
charter school's admission policy shall prohibit discrimination on the basis of sex,
national origin, ethnicity, religion, disability, academic or athletic ability, or the district
the student would otherwise attend. Students who reside outside the geographic
boundaries stated in the charter shall not be admitted to the charter school until all
eligible applicants who reside within the boundaries have been enrolled. Students will
be admitted on the basis of a lottery if more students apply for admission than can be
accommodated.
9. Public Education Grant Students. Charter Holder shall adopt an express policy
providing for the admission of, and shall admit under such policy, students eligible for a
public education grant, including those students who reside outside the geographic area
identified in the charter application, under Subchapter G, Chapter 29,TEC.
10. Non-discrimination. The charter school shall not discriminate against any student or
employee on the basis of race, creed, sex, national origin, religion, disability or need for
special education services.
11. 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 entitiy in whole or in part (including by the power to select
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officers or directors) shall be nonsectarian in its programs, admissions policies,
employment practices, and all other operations.
12. 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 II of the Americans with Disabilities Act, 42 U.S.C. §12131-12165,
and implementing regulations; Chapter 29, TEC, and implementing rules; and the many
court cases applying these laws. For example:
(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 contacting the charter school regarding enrollment, and must
develop and implement a practical method to determine which children with disabilities
are currently receiving needed special education and related services. For each eligible
child, Charter Holder must develop and offer an individualized education plan
appropriate to the needs of that student.
(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. This obligation to serve the child
continues until the end of the school year.
(d) Monitorine. The charter school's implementation of the laws governing 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 Texas Education Agency; and
others. This monitoring activity includes responding to complaints, random on-site
inspections and other investigations by the enforcing agencies, and will result in
corrective actions imposed on Charter Holder by these agencies for all discrepancies
found. The charter school shall also be monitored for effectiveness and compliance in
implementing all applicable federal programs.
(e) Due Process Hearings. The charter school's implementation of the laws governing
education of children with disabilities will, in addition, be subject to court supervision
via litigation against Charter Holder brought by individuals affected by the actions of the
charter school. The cost of this litigation can be substantial.
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Notice: These are only a few of the charter school's legal responsibilities in this area,
included here for illustrative purposes only.
13. Student Performance and Accountability. Charter Holder shall satisfy Subchapters B, C,
D, and G of Chapter 39 of the TEC, and related Agency rules, as well as the student
performance accountability criteria stated in its application for charter. Charter Holder
shall annually provide in a manner and form defined by the commissioner a written
evaluation of the charter school's compliance with the statements, assurances,
commitments and representations made by Charter Holder in its application for a charter,
attachments, and related documents.
14. Criminal History. Charter Holder shall take prompt and appropriate measures if Charter
Holder or the charter school, or any of their employees or agents, obtains information
that an employee or volunteer of the charter school or an employee, officer, or board
member of a management company contracting with the charter school has a reported
criminal history that bears directly on the duties and responsibilities of the employee,
volunteer, or management company at the school. Charter Holder further represents that
the Board and the Agency shall be notified immediately of such information and the
measures taken.
15. Reporting Child Abuse or Neglect. Charter Holder shall adopt and disseminate to all
charter school staff and volunteers a policy governing child abuse reports required by
Chapter 261, Texas Family Code. The policy shall require that employees, volunteers or
agents of Charter Holder or the charter school report child abuse or neglect directly to an
appropriate entity listed in Chapter 261,Texas Family Code.
16. Notice to District. Charter Holder shall notify the school district in which the student
resides within three business days of any action expelling or withdrawing a student from
the charter school.
17. School Year. Charter Holder shall adopt a school year with fixed beginning and ending
dates.
Financial Managment
18. Fiscal Year. Charter Holder shall adopt a fiscal year beginning September 1 and ending
August 31.
19. Financial Accounting. Unless otherwise notified by the Agency, Charter Holder shall
comply fully with generally accepted accounting principles ("GAAP") and the Financial
Accountability System Resource Guide, Bulletin 679 or its successor ("Bulletin 679")
published by the Agency in the management and operation of the charter school. Charter
Holder shall also comply with the standards for financial management systems outlined
in 34 CFR § 80.20.
20. Federal Withholding Requirements. Failure to comply with Internal Revenue Service
withholding regulations shall constitute a material violation of the charter.
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21. 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.
22. Annual Audit. Charter Holder shall at its own expense have the financial and
programmatic operations of the charter school audited annually by a certified public
accountant holding a permit from the-Texas State Board of Public Accountancy. Charter
Holder shall file a copy of the annual audit report, approved by Charter Holder, with the
Agency not later than the 120'h day after the end of the fiscal year for which the audit
was made. The audit must comply with Generally Accepted Auditing Standards and
must include an audit of the accuracy of the fiscal information provided by the charter
school through PEIMS. Financial statements in the audit must comply with Government
Auditing Standards and the Office of Management and Budget Circular A-133.
23. Attendance Accounting. To the extent required by the commissioner, Charter Holder
shall comply with the "Student Attendance Accounting Handbook" published by the
Agency; provided, however, that Charter Holder shall report attendance data to the
Agency at six-week intervals or as directed by the Agency.
24. Foundation School Prog_ra_m. Distribution of funds to the charter school under Section
12.106, TEC, is contingent upon Charter Holder's compliance with the terms of the
charter. Charter Holder is ineligible to receive Foundation School Program funds prior
to execution of this contract by the Board. Within 30 days of receiving notice of
overallocation and request for refund under Section 42.258, TEC, Charter Holder shall
transmit to the Agency an amount equal to the requested refund. If Charter Holder fails
to make the requested refund, the Agency may recover the overallocation by any means
permitted by law, including but not limited to the process set forth in Section 42.258,
TEC.
25. Tuition and Fees. Charter Holder shall not charge tuition and shall not charge a fee
except that it may charge a fee listed in Subsection 11.158(a),TEC.
26. Assets of Charter. Charter Holder shall not apply, hold, credit, transfer or otherwise
make use of funds, assets or resources of the charter school for any purpose other than
operation of the charter school described in the charter.
27. Indebtedness of Charter. Charter Holder shall not incur a debt, secure an obligation,
extend credit, or otherwise make use of the credit or assets of the charter school for any
purpose other than operation of the charter school described in the charter.
28. Interested Transactions. All financial transactions between the charter school and (a)
Charter Holder; (b) an officer, director, or employee of Charter Holder or of the charter
school; or (c) a person or entity having partial or complete control over Charter Holder
or the charter school shall be separately and clearly reflected in the accounting, auditing,
budgeting, reporting, and record keeping systems of the charter school. Charter Holder
shall not transfer any asset of the charter or incur any debt except in return for goods or
services provided for the benefit of the charter school at fair market value.
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29. Non-Charter Activities. Charter Holder shall keep separate and distinct accounting,
auditing, budgeting, reporting, and record keeping systems for the management and
operation of the charter school. Any business activities of Charter Holder not directly
related to the management and operation of the charter school shall be kept in separate
and distinct accounting, auditing, budgeting, reporting, and record keeping systems from
those reflecting activities under the charter. Any commingling of charter and non-charter
business in these systems shall be a material violation of the charter.
Governance and Operations
30. Non-Profit Status. Charter Holder shall take and refrain from all acts necessary to be and
remain in good standing as an organization exempt from taxation under Section
501(c)(3), Internal Revenue Code. If Charter Holder is incorporated, it shall in addition
comply with all applicable laws governing its corporate status. Failure to comply with
this paragraph is a material violation of the charter, and the Board may act on the
violation even if the Internal Revenue Service, Secretary of State, or other body with
jurisdiction has failed to act.
31. Records Retention and Management. Charter Holder shall implement a records
management system that conforms to the system required of school districts under the
Local Government Records Act, Section 201.001, et seq., Local Government Code, and
rules adopted thereunder; provided, however, that records subject to audit shall be
retained and available for audit for a period of not less than five (5) years from the latter
of the date of termination or renewal of the charter.
32. PEIMS Reporting. Charter Holder shall report timely and accurate information to the
Public Education Information Management System (PEIMS), as required by the
commissioner.
33. Conflict of Interest. Charter Holder shall comply with any applicable prohibition,
restriction or requirement relating to conflicts of interest or fiduciary duties. If an officer
or board member of Charter Holder or of the charter school has a substantial interest,
within the meaning of Chapter 171, Local Government Code, in a transaction, such
interest shall be disclosed in public session at a duly called meeting of the governing
body prior to any action on the transaction.
34. Disclosure of Campaign Contributions. Charter Holder shall adopt policies that will
ensure compliance with the disclosure requirements of State Board of Education
Operating Rule 4.3 or its successor.
35. 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.
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36. Failure to Operate. Charter Holder shall operate the charter school for the full school
term as described in the charter application in each year of the charter contract. Charter
Holder may not suspend operation for longer than 21 days without a revision to its
charter, adopted by the Board, stating that the charter school is dormant and setting forth
the date on which operations shall resume and any applicable conditions. Charter Holder
may not suspend operation of the school for a period of more than three days without
mailing written notice to the parent or guardian of each student and to the Agency at
least 14 days in advance of the suspension. Suspension of operations in violation of this
paragraph shall constitute abandonment of this contract and of the charter.
37. Charter School Facility. Charter Holder shall have and maintain throughout the term of
the charter a lease agreement, title or other legal instrument granting to Charter Holder
the right to occupy and use one or more facilities suitable for use as the charter school
facilities described by the charter. During any period of dormancy granted by the Board,
this requirement may be waived by the Board. Facilities occupied and used as charter
school facilities shall comply with all applicable laws, including, but not limited to, the
Texas Architectural Barriers Act, Article 9102, Vernon's Texas Civil Statutes. The
charter school shall not change location of its instructional facilities or administrative
offices from those listed in the charter application or in a subsequent charter amendment
without prior approval Board. When approved by the Board for a new location for an
instructional facility, the charter Holder shall, prior to commencing school operations at
that loacation, submit to the Charter Schools Division a certificate of occupancy or
equivalent certificate for use of the facility at the new location as a public school, as
required in the charter application.
38. Access by the Handicapped. Facilities occupied and used by charter schools shall
comply with the Americans with Disabilites Act (ADA) and the Americans with
Disabilites Act Accessibility Guidelines; 28 CFR Part 35 (Nondiscrimination on the
Basis of Disability in State and Local Government Services); the Uniform Federal
Accessibility Standards required by the federal Architectural Barriers Act of 1968, as
amended; and other applicable federal requirements. In addition, the charter Holder shall
require the facility to comply with the Texas Accessibility Standards (TAS) of the Texas
Architectural Barriers Act, Article 9201, Texas Civil Statutes, promulgated by the Texas
Department of Licensing and Regulation. The charter Holder shall be responsible for
conducting inspections to ensure compliance with these specifications.
Enforcement
39. Agency Investigations. The commissioner may in his sound discretion direct the Agency
to conduct investigations of the charter school to determine compliance with the terms of
the charter or as authorized in the Texas Education Code or other law. Charter Holder,
its employees and agents shall fully cooperate with such investigations. Failure to timely
comply with reasonable requests for access to sites, personnel, documents or things is a
material violation of the charter.
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40. Commissioner Authority. The commissioner in his sole discretion may take any action
authorized by Section 39.131, TEC , Chapter 29, TEC, or Chapter 42, TEC relating to
the charter school. Such action is not "adverse action" as used in this contract. Charter
Holder, its employees and agents shall fully cooperate with such actions. Failure to
timely comply with any action authorized by Section 39.131, TEC or Chapter 29, TEC is
a material violation of the charter.
41. Adverse Action. The Board in its sole discretion may modify, place on probation,
revoke or deny timely renewal of the charter for cause ("adverse action"). Each of the
following shall be cause for adverse action oh the charter: (a) any material violation of
the terms of the charter listed in paragraphs 2, 3, and 20; (b) failure to satisfy generally
accepted accounting standards of fiscal management; or (c) failure to comply with an
applicable law or rule.
This Agreement
42. 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 merged into, superseded by and
canceled by this contract.
43. 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.
44. 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 #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).
45. 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.
46. Venue. Any suit arising under this contract shall be brought in Travis County,Texas.
47. Governing Law. In any suit arising under this contract,Texas law shall apply.
48. Authority. By executing this contract, Charter Holder represents that it is an "eligible
entity" within the meaning of Section 12.101 (a), TEC. Charter Holder shall
immediately notify the Board 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.
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Entered into this_day of January 2002.
Texas State Board of Education Charter Holder
1 28
By Grace Shore, Chairman (signature/da
Scott Bradley
ghairperson, Governing Board of Charter Holder
(signature/date)
Trent Petty
Chief Operating Officer of Charter School
t
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