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HomeMy WebLinkAboutWA Original Application· .. '. ': , .. /' / ./ / , ./ .' Westlake Academy ORIGINAL APPLICATION BOOO Westlake Academy ORIGINAL APPLICATION .. 0000: Westlake Academy Applicatjon for an Open·Enrollment Charter School· Seventh Generatjon Coversheet, page 1 of 2 lType: Open Enrollment _X_ (check Only Ono) "75% Rule" Date of Submission: Thursday, February 15, 2001 5:00 P.M. Central Time Name of Proposed School: Westlake Academy Maximum Grade Levels to be served: K-12 Estimated 1st Year Enrollment: 400 Max Enrollment: 800 Name of Sponsoring Entity: The Town of Westlake, Texas heck one: __ 501(c)(3) nonprofit organization SBOE District: Region 11 X Governmental Entity ESC: Region 11 __ College or University Opening Date: Fall, 2002 ~----------------------------~ Chairperson of Board of Sponsoring Entity: Mr. Scott Bradley Chief Executive Officer of Sponsoring Entity: Mr. Scott Bradley Chief Executive Officer of School: Mr. Trent Petty Applicant Mailing Address: 3 Village Circle, Suite 207 • Westlake, TX. 76262 Physical Address of Proposed Administrative Offices (if different from above): SAME Contact Phone # 817-430-0941 Fax # 817-430-1812 Contact Email Address: " .. ' ~.~ --_. r .~ ~ ." --. \.'':' ~. List below the physical address of the main school campus and any proposed satellite campus: E:1 -~" ,-, . Main Campus To be announced upon receipt of charter ,',: ?:: Satellite Campus Not applicable If necessary, attach additional satellite Information. Wiil the school require ail teachers to be certified? No -.. ; ;..: ~. ,-- Will the school require that all teachers be degreed with at least a bachelor's degree? No Will the school allow an individual to serve as a paid employee of the school as well as member of the governing board? No Will the school allow members of the same family to serve on the governing board? No, as a public entity, this would be illegal. Wiil the school require the business manager to be certified? No, the Board will use discretion in the cross utilization of personnel. 351/02/15/01-005 1 -1 "" .- L: Westlake Academy Will the school require the accounting and/or business office personnel to be degreed with at least a bachelor's degree? No, the Board will exercise discretion In the cross utilization of employees. Application for an Open-Enrollment Charter School -Seventh Generation Coveraheet, page 2 of2 Has any member of the governing board or any professional person to be employed by the school- _No. ___ Been convicted of a felony? If YES to any of these three areas, the applicant must give full _No Been convicted of a misdemeanor? disclosure and list all Instances completely as required in other _Yes ___ Been involved in bankruptcy? portions of the application. State law forbids someone convicted of a felony or misdemeanor involving moral turpitude from serving as an officer or member of the governing body of an open-. enrollment charter school. Has the sponsoring entity been involved in _Yes_ Litigation? _No __ Sanctions from any state regulatory agency? If YES, explain completely as required in other portions of the application. If the sponsoring entity already holds charters, have these charters been timely and accurate in reporting _NfA __ PEIMS information? __ NfA_ annual audit? _NfA __ participating in required annual evaluation? I certify that I have the authority as the Chief Executive Officer of the sponsoring entity designated above to make application for an open .. nrollmant charter school I further certify a/l information contained In this application is complete and accurate, realizing . that any misrepresentation could result in disqualification from the charter application process or revocation after award. I authorize the Texas Education Agency to Investigate the references listed in this application. -;;-;'""~~4~~~~L::f~~=_....J:.tflJ.tg.L~~Je~J.;12~2~O~O~IL_I(BLUE INK) utlve Officer Of Sponsoring EntitylDate Millennium Education nsultin roo LLC (BLUE INK) Was this peraon paid? Yes -L-No 2 I. II. Westlake Academy Table of Contents Evidence of Eligibility of Sponsoring Entity A. Statement describing sponsoring entity B. Articles of Incorporation of sponsoring entity C. Bylaws of sponsoring entity D. Biographical Affidavits E. History of sponsoring entity Governance of the Sponsoring Entity A. Profile of the Founding Board and/or Initial incorporators page 12 12 12 13 13 13 15 ofthe sponsoring entity. 15 B. Describe the organizing group of initial incorporators who are working together to apply for a charter. 15 C. Describe what role each person will play and why he/she has chosen to support the application. 16 D. Describe the following as pertains to the sponsoring entity: . 16 1. The officer positions designated 16 2. The manner in which officers are selected and removed from office 16 3 . The manner in which members oHhe governing body are selected and removed from office 17 4 . The manner in which vacancies on the governing board are filled 17 5. The term for which members of the governing body served 17 6. Whether the terms are to be staggered 17 E. Include any plans for further recruitment of founders or organizers of the school. 17 F. Explain the manner in which the charter school will conduct textbook selection. 18 G. School Management Board 18 OOGG5 3 Westlake Academy m. Community Support 20 A. Provide information on the manner in which community groups are involved in the charter school planning process . 20 B. Provide copy of publication of notice of the meeting in a newspaper of general distribution in the geographic area, the meeting's registration log, and a synopsis of the public hearing held to discuss the proposed charter school plan. 20 C. Discuss any business arrangements of partnership with existing schools, educational program businesses, or non-profit organizations. 21 D. List five persons who are not directly involved with the school as employees or as board members, who will serve as references for the sponsoring entity. 21 E. Each applicant must publish a prescribed statement in a newspaper of general distribution the geographic area proposed for the school. The statement must also be mailed to the city council and commissioner's court with jurisdiction over the geographic area . 21 ~-.-. IV. School Demographics 22 A. What are the school's enrollment projections for the first five years? What is the school's maximum enrollment goal? What grades will be served? How many students are expected to be in each grade or grouping? What will be the maximum class size allowed? 22 B. Describe the community or region where the school will be located. 22 C . Why was this location selected? Are there other alternative locations suitable to the needs and focus of the school? 23 V. Human Resource Information (Reviewed by Agency) 24 A. Describe your human resources policies goveming salaries, contracts, hiring and dismissal, sick, and other leave and benefits. Provide salary schedules, sample contracts, and copies of policies on other issues. 24 1. Policy governing salaries 24 2. Policy governing contracts 24 3 . Policy governing hiring 24 B. Administrators 25 1. Provide a biographical affidavit for each administrator of the school. 25 ~MtlG .' 4 VI. Westlake Academy 2. Explain the powers and duties of each administrator. 25 3. \Nho will be the school's Chief Executive Officer? 26 4. Describe the chain of command. 26 5. \Nhat experience has the proposed CEO had in managing a school and/or business? 26 6. \Nhat criteria will the founders use to choose the school's academic and financial leaders? 27 7 . Provide a complete job description for the CEO, school academic director, financial director and other administrative personnel. 27 8 . How will administrative personnel be evaluated? 33 9. \Nhat will be the salary range and benefrts for administrative staff? 33 C. Faculty and Staff 33 1. . Include a description of the qualifications to be required for all classroom teachers and staff. 33 2. Describe the targeted staff size and the teacher-te-student ratio. 38 3. Identify the proposed faculty and staff if possible. . 38 4. Explain the method that will be used to evaluate the faculty and staff. 38 5. Provide complete job descriptions of all charter school faculty and staff, includ ing instructional and non-instructional duties. 39 D. Rules of Conduct 42 1. Describe in detail .yourschool rules or guidelines governing student behavior. 42 2 . Describe your school's policies regarding student expUlsion and suspension . Include a description of procedures that satisfy due process requirements. 42 3. Describe your school's mandatory stUdent attendance plan and its fit with the code of conduct and the mission of the school. 43 Business Plan (Reviewed by Agency) 45 A. Financial Management 45 1. Describe sources and projected amounts of start-up 45 2. Provide supporting letters of credit and documentation verifying private sources of funds . 45 3. Develop a preliminary startup budget covering 000r7 / 5 Westlake Academy only the planning and capital expenses necessary before school opening . Present a three-year budget covering all projected sources of revenue, both public and private and planned expenses. 45 4. Present a three-year cash flow projection showing monthly cash in flows from all sources by month, including loans, and all monthly cash dispersals for all purposes, including loans . Discuss the school's projected revenues and expenditures identified in the cash-flow projection. 45 5. Discuss any fund raising efforts to generate capital or to supplement the per pupil allocations that are planned. 45 6. Discuss the ways that the school will address anticipated growth in the area of personnel, facility and equipment expenditures. 46 7. Provide a copy of the current andlor proposed business procedures handbook the school will be using, describe the policies, procedures, and the forms for the daily business operation. 46 8 . Discus the way that the school will address any unanticipated expenditures or loss of revenue and any negative net asset balances. 46 9 . Provide a copy of the current or proposed monthly budget status report to the Board of Dir.ectors that will be used. 47 10. Describe the financial accounting and payroll accounting system to be used and the system's capacity to use the state mandated financial accounting system in PEIMS. 47 B. Facility Management 47 1. Description of and address for the physical facility. 47 2. Explain why this site would be a suitable facility for the proposed school. Address the necessity of renovation to the facility and compliance with applicable building codes. Describe the services of the facility. Describe how all federal , state, and local safety and health requirements will be met. 47 3. Describe special use areas of the facility. 48 4. Discuss any progress, partnership developments or future steps towards acquisition of a facilitylland. 48 oooea 6 Westlake Academy 5. Attach a copy of a lease agreement, deed to property or purchase agreement ~~b~ ~ C. Student Attendance Accounting. 48 1. Describe your school attendance accounting procedures. 48 2. Attach a school calendar and identify the hours of school operation , including a description of teacher/student contact hours . 50 3 . Provide a draft of a board policy providing for the admission of students eligible for a public education grant. 50 D. Transportation and Food Service 50 1. Describe provisions for transportation for students served by the charter school. 50 2. Describe provisions for food service, if any, for students served by the charter school, including plans for free or reduced lunch and breakfast programs . 50 VII. Geographic Boundaries and Statements of Impact (Reviewed by Agency) 51 A. Geographic Boundaries 51 1. Describe the geographic area to be served by the school. 51 2. Provide a list of all districts within the geograph ical area that may be affected by the charter school. 51 B. Statements of Impact 51 1. The sponsoring entity must send a copy of the form in Appendix IV, to the superintendents of all school districts that are likely to be affected by the establishment of the charter school, including those districts from which the charter school will accept transfers. 51 2 . The charter school application must include a list of the districts to which a Statement of Impact form and application were sent. 52 3. The superintendent may complete the Statement of Impact form and submit it to the TEA by the date of submission of the application to the State Board of Education. 52 oooe9 7 Westlake Academy VIII. Statement of Need (Scored by Review Committee) A. Why is there a need of this type of school? What evidence exists that there is a sufficient demand for the educational program you are proposing? B. Explain why the charter school model is appropriate to address this need. IX. Vision of the School (Scored by Review Committee) A. Describe the long-range vision oflhe school specifically addressing how that vision supports student learning of the TEKS. B. In succinct terms, describe the educational philosophy or pedagogy of the proposed school. C. Discuss the educational innovation that will distinguish this school from other schools. X. Student Goals: Improvement and Attainment (Scored by Review Committee) A. What are the school's academic goals for student learning for the first 5 years? B. What are the measurable school performance objectives for each goal listed above? C. Clearly state how progress will be measured relative to each of these objectives. D. C learly state when and how annual progress in meeting objective will be reported to the SBOE, agency, and the public. XI. School Goals (Scored by the Review Committee) . A. Describe the goals of the school as an entity for the next fIVe years. B. List measurable performance objectives for each goal listed above. C. Clearly state how progress will be measured relative To each of these objectives. D. Clearly state when and how annual progress in meeting objectives will be reported to the SBOE, agency, and the public. OOti~u 53 53 53 55 55 55 55 59 59 59 59 59 63 63 63 63 63 8 Westlake Academy XII. Educational Plan (Scored by the Review Committee) 65 A. Describe the education program planned for the school. Indicate clearly how these areas will be strengthened overtime. 65 1. Tell how the program will incorporate the required minimum curriculum. Describe the scope and seq uence of the curriculum. 65 2. Describe any unique curricular experiences to be offered by the charter school that will enhance student success beyond the minimum curriculum. 65 3. Describe how the program will incorporate the TEKS into the curriculum and address goals, objectives , and content in all subject areas and grade levels. 66 4. Describe the connections between the TEKS, classroom instruction and assessing student progress. 67 5. Describe how the program will prepare students to meet state graduation requirement. 68 6. Describe teaching methods to be used. 69 7. Describe the planned assessment of individual student performance in the core academic areas . 70 8. Describe the methods to be used to identify the educational strengths and needs of individual students. 71 9. Describe how student evaluation results will be used by the school to improve instructional programs. 72 10. Describe professional development opportunities that will be offered to support the mission of the school. 72 B. Special Needs Students/Programs 73 1. Describe.in detail how your school accommodates students with Special Education needs. 73 2. Describe how your school meets the needs of children who qualify for other federal programs. 80 3. Describe how your school meets the needs of children who qualify for other state programs. 82 4. Describe how your school identifies and provides educational support for students who are identified as being "at risk of dropping out of school." 84 5. Describe the programs offered for the charter school to support other student activities. 85 OOOlI 9 Westlake Academy C. Admissions Policy 86 1. Describe the timeline used for admitting students. including the process for the admission lottery for students . 86 2. Explain how the policy furthers the mission of the school in a non-discriminatory fashion. 87 XIII. Governance Structures and Processes (Scored by the Review Committee) A. What steps will be taken to maintain continuity between 88 the founding coalitions' vision and Mure governing boards? 88 B. Describe the roles and responsibilities of the Board(s}. 89 C. Describe the procedures for receiving and responding to complaints from both parents and employees. 89 D. What steps will be taken to facilitate a productive relationship between administrators and teachers? 90 E. Discuss the nature of parental and student involvement in decision-making matters . 90 F. Specify the extent to which any private entity will be involved in the operation of your charter school. 91 Attachments 1. Instrumentality A-1 2. Articles of Incorporation A-5 3. Bylaws A-13 4 . Affidavits A-18 5. Credit Report A-37 6. IRS Filing A-38 7. Notice of Publication A-39 8. Attendance Rosters A-45 9. Synopsis of Meeting A-50 10 . Business Arrangements A-53 11 . Notice of Intent A-56 IHHll ;: 10 Westlake Academy 12. Verification of Mailing A-59 13. Schedule of Salaries A-70 14. Sample Employment Contract A-72 15. Employment Policies A-73 16. Administrator's Affidavit A-74 17. Organizational Chart A-78 18. Sources of Private Funds A-80 19. Start-up Budget A-83 20 . Three-year Budget A-85 21. Cash Flow Projection A-117 22. Business Manual A -121 23. Budget Status Report A-162 24. Lease Agreement A-164 25 . School Calenda r A -167 26. Peg Draft A-169 27. Area Map A -171 28. Verification of Impact Statement Mailing A -173 QUQ13 11 Westlake Academy II. Evidence of Eligibility of Sponsoring Entity G. Statement describing sponsoring entity The town of Westlake was founded in 1956 by a handful of oilmen and ranchers in order to protect themselves from encroachment by the MidCities. In 1992 the Town adopted a comprehensive plan providing for future office campuses, limited retail, and residential uses compatible with the preservation of the rural atmosphere. Westlake is home to Solana, which was designed by world famous Mexican architect Ricardo Legoretto. It is an environmentally sensitive development of the type contemplated by the Westlake plan. Hundreds of acres of native trees and wildflowers have been preserved for the enjoyment of residents and visitors. Major tenants in Solana include IBM Corporation, Marriott Hotel, Mercedes Benz Credit Corporation , Wells Fargo and Prime Co. Solana also offers these tenants and surrounding communities a full-service health and fitness club, an education center and a child development center. The 1993 purchase of the 2,000 acre Circle T Ranch by Alliance Development Company is expected to contribute to Westlake's future as a village where commercial, retail and residential uses enhance rather than destroy the natural beauty of the landscape. As a governmental entity, the Town of Westlake found that it was in the . public interest that a non-profit corporation, the Westlake Academy Corporation, be created under the Texas Non-Profit Corporation Act to act on behalf of the Town as it dl,lly constituted authority and instrumentality, within the meaning of the Internal Revenue Code of1986, as amended, for the purpose of providing educational services and facilities. In lieu of 501 c 3 status, see Attachment #1 for the instrumentality resolution . H. Articles of Incorporation of sponsoring entity For a copy of the Articles of Incorporation of the sponsoring entity, see the Town of Westlake, see Attachment #2. 00014 12 I Westlake Academy I. Bylaws of sponsoring entity As a governmental entity, Westlake does not have Bylaws; however, the Bylaws for Westlake Academy Corporation, the instrumentality is included in Attachment #3. J. Biographical Affidavits for each member of the governing Board of the sponsoring entity For biographical affidavits for each member of the Governing Board of the Town of Westlake, see Attachment #4. K. History of sponsoring entity 1. Financial history of the entity The town of Westlake is debt free, and consequently has unfettered bonding capacity. Because of the Town's exercise of fiscal discipline, there has not yet been need to assess an ad valorem tax or to issue any debt instrument. However, it may become necessary to finance capital improvements that would be leased by the Westlake Academy. 2. Credit report As a governmental entity, the Town of Westlake does not have a credit report. Therefore Attachment #5 is not applicable . 3. Most recent IRS filing As a govemmental entity, the Town of Westlake does not file with the Internal Revenue Service; therefore, Attachment #6 is not applicable. 4. Disclosure of any liens As a govemmental entity, the Town of Westlake does not have any liens. 5. Litigation History About 1982, a developer whose request for a zoning change was denied sued the Town. The suit, filed in a district court in Tarrant County, alleged that the Town had not been validly incorporated. 00015 13 Westlake Academy The judgment found as a matter of law and fact that the Town had been duly and validly incorporated in 1956. About 1992, the trustee of the Bankruptcy Estate of Nelson Bunker Hunt sued the Town alleging conspiracy by the Town, its mayor and its aldermen to deny his alleged right to obtain zoning changes to his liking. The Town, the mayor and the aldermen won all aspects of the lawsuit except for minor relief granted to the trustee. In 1997, Ross Perot, Jr.'s Hillwood Development Company initiated a scheme to dismantle the Town. Several lawsuits involving the Town, its mayor, its aldermen, its officers and several residents ensued in which, depending on the form; these parties became plaintiff, defendant or cross plaintiffs . All of the lawsuits were resolved or settled in favor of the Town, its mayor, the aldermen, the Town's officers and the residents. The litigation culminated in a landmark 9-0 decision by the Texas Supreme Court upholding the Town's position. As a town, Westlake is routinely involved in litigation of civil matters including code of ordinance violations, land disputes and any other matter typical of mUnicipal regulatory objection. 6. Sanctions from any state regulatory agency The re are no sanctions from any state regulatory agency. 00016 14 III. Westlake Academy Governance ofthe Sponsoring Entity A. Profile of the Founding Board and/or Initial Incorporators of the sponsoring entity. The Town of Westlake is a 'governmental entity; thus, this is not applicable. B. Describe the organizing group of initial incorporators who are working together to apply for a charter, including the names of the organizer, their backgrounds and experiences, and three references for each. A group of interested individuals who serve as Aldermen for the Town of Westlake have envisioned for some time having a school in their community. This focus has resulted in the development of an open enrollment charter school in Westlake, Texas. The background and experience of each of the Aldermen is reflected in the Biographical Affidavits, (See Attachment #4). Scott Bradley Fred Held Don Redding larry Sparrow Buddy Brown Bill Frey The following individuals will serve as references for each of the Board members : Honorable Vicki Truitt State Representative P.O. Box 2910 Austin, TX 78768 Commissioner James P. Carter Courthouse on the Square 110 West Hickory Denton, TX 76201 Wanda Haskins ~Qon 15 I Westlake Academy c. Describe what role each person will play and why he/she has chosen to support the application. Each and every member of the organizing groups of initial incorporators has performed essential roles and duties in the planning and organizing of the proposed charter school. These roles, although not limited to , have ranged from visionary leadership to guidance and direction in the early stages of planning the school to advocacy for the success of the new school. D. Describe the following as pertains to the sponsoring entity: 1. The officer positions designated Mayor The responsibilities of the Mayor of the governing Board are all inclusive. The Mayor leads the members of the Board in setting policy for the operations of the Town of Westlake. The Mayor conducts Board meetings so that all parties involved are given a fair opportunity to present their concerns. Mayor Pro-Tem The duties and responsibilities are prescribed such that in the absence of the Mayor, the Mayor Pro Tem of the Board shall perform all duties of the Mayor. Secretary of the Board of Aldermen The Secretary of the Board shall see that all notices are duly given as required by law. The Secretary shall act as custodian of the minutes of the meetings, its Corporate Record Book, and any other records. In general. the Secretary will perform all duties incidental to the office of Secretary, and other duties such that may be required by the Board. 2. The manner in which officers are selected and removed from office Each office shall be appointed by the Board for a term of two years and shall continue to serve until his/her successor is appointed and assumes office. Each officer is subject to removal from office (with or without cause) at any time by the vote of a two-thirds majority of the Directors in office. A vacancy in any office shall be filled in the same manner as the original appOintment for the unexpired term thereof. 16 Westlake Academy 3. The manner in which members of the governing body are selected and removed from office The Board of Aldermen consists of six (6) members elected to two (2) year terms. They are removed from office during the election process. 4. The manner in which vacancies on the governing board are filled Depending on the timeline of the vacancy a special election may be called. 5. The term for which members of the governing body serve Aldermen are elected to serve a two~year term. 6. Whether the terms are to be staggered The terms are staggered with three aldermen being elected in one year and the other three aldermen positions being elected the following year. E. Include any plans for further recruitment of founders or organizers of the schoot The Board will actively investigate the possibility of bringing additional individuals to the Board. Specific individuals with a working knowledge of charter schools and educational law will be considered as well as those individuals with strong community ties. Additionally, plans will be implemented for an Advisory Board, non-voting members, which will consist of Westlake Academy employees, students, and volunteers, representing the diverse community of the school. The following committees will be staffed: • Admissions and Community Relations • Compliance and Evaluation • Curriculum • Finance and Fundraising • Marketing • Personnel OOOlG 17 Westlake Academy F. Explain the manner in which the charter school will conduct textbook selection. Three employees of Westlake Academy will be designated as Textbook Coordinators, one in elementary school, one in middle school, and one in high school. These individ uals will chair the respective textbook committees, comprised of facuHy, parent, and community representatives. The Director and Principal will serve as advisory members of each committee. The books will be on review for a ten-day period for parent viewing prior to presentation to the Board. The committees will make their . recommendations to the Board at its regularly scheduled February meeting . The public may make comments on textbooks under consideration at this meeting. Research indicates that more challenging books -those that are written at or just above the student's level -lead to better reading achievement. Reading expert Jeanne S. Chall has found that students who use more demanding textbooks tend to score higher on their college entrance exams . Furthermore, books used in the first few years of school seem to make the greatest difference. Wrth this research in mind, the textbook committee will focus on challenging books for all students. G. School Management Board (if different from sponsoring entity Board) The officer positions designated for the Westlake Academy Corporation are: President The president shall preside at all meetings of the Board. The president is the chief executive officer of the Corporation and, subject to the control of the Board, shall have general charge and supervision of the management of the affairs of the Corporation . The president shall cause all orders and resolutions of the Board to be put into effect. The president shall sign and execute all legal documents and instruments in the name of the Corporation when authorized to do so by the Board, except when the signing and execution thereof is delegated by the Board to some other officer or to an agent of the Corporation. The responsibilities of the President of the governing Board of the charter school are all inclusive. The President is responsible to the state and the parents for the safety and well being of all students and employees of the school. The President leads the members of 00(120 18 Westlake Academy the Board in setting policy for the operation of the school and with the assistance of the Executive Director, sets the monthly board meeting agenda. The President conducts Board meetings so that all parties involved in the school are given a fair opportunity to present their concerns. Vice-President The Vice-President shall, in the event of the absence or disability of the President; discharge the powers and duties of the President, and the Vice-President shall perform such additional duties as may be assigned from time to time by the Board. Secretary The Secretary of the Board shall see that all notices are duly given as required by law. The Secretary shall act as custodian of the minutes of the meetings, its Corporate Record Book, and any other records. In general, the Secretary will perform all duties incidental to the office of Secretary, and other duties such that may be required by the Board. 06\121 · 19 1111. Westlake Academy Community Support A. Provide infonnation on the manner in which community groups are involved in the charter school planning process. After the Westlake Aldermen meeting on December 11, letters were sent to individuals who expressed an interest in being actively involved in the charter school process. Additionally, a web page, designed to provide information to interested individuals, is available for concerned citizens to notify the founding fathers of their willingness to serve on various committees. After being publicized in local newspapers, an organizing committee meeting was held on January 9, 2001. During this meeting subcommittees were established to aSSist in the charter school planning process. The established committees were: Curriculum Facilities Parent Volunteer Publicity Technology Individuals volunteered to chair each of these committees and these individuals, in tum, solicited members to serve on their respective committees. Committee meetings will be-arranged and scheduled by the Committee chair . B. Provide copy of publication of notice of the meeting in a newspaper of general distribution in the geographic area, the meeting's registration log, and a synopsis of the public hearing held to discuss the proposed charter school plan. The synopsis must identify presenters, a summary of their eomments, and a list of questions from participants with responses provided by the presenters. For the notice of publication, see Attachment #7. For the registration log, see Attachment #8. For the synopsis of the meeting, see Attaehment #9. 0002::' 20 I Westlake Academy C. Discuss any business arrangements or partnerships with existing schools, educational programs, businesses, or non-profit organizations (include letter from each entity represented). Identify individuals who are .affiliated with any of the other organizations AND serve on the school's board. Identify individuals who are affiliated with any of the other organizations AND are employed by the school. For resolutions of support between the Town of Westlake and Westlake Academy, see Attachment #10. D. List five persons who are not directly involved with the school as employees or as board members, who will serve as references for the sponsoring entity. Provide phone numbers, addresses, and nature of experience with the sponsoring entity. Name Address City, State Phone Relationship Bill Greenwood 40 Wyck Hill Ln . Westlake, TX 817-379-Resident 76262 9696 Annette Bush 203 Oak Hill Trophy Club, TX 817-491-Texas Student 76262 1445 Housing Board Dr. Forrest Watson 1009 Adonis Dr. Keller, TX 76248 817 -595 -Texas Student 0919 Housing Board Dr . Patsy Sharp 416 Oak Haven Keller, TX 76248 817-431i. Texas Student 3829 Housing Board Worth Blake 244 Oak Hill Trophy Club, TX 817-491 -Texas Student 76262 1445 Housing Board E. Each applicant must publish a prescribed statement in a newspaper of general distribution in the geographic area proposed for the school. The statement must also be mailed to the city council and commissioner's court with jurisdiction over the geographic area. Notice of intent was published in Tuesday, January 30, 2001. For original notice, see Attachment #11. Since the Town of Westlake is the sponsoring entity, notice was not mailed to the city council with jurisdiction over the geographic area. Notice to the individual members of the commissioner's court was mailed on Tuesday, January 30,2001. For verification of mailing, see Attachment #12. 00023 21 A. Westlake Academy School Demographics What are the school's enrollment projections for the first five years? What is the school's maximum enrollment goal? What grades will be served? How many students are expected to be in each grade or grouping? What will be the maximum class size allowed? The maximum class size allowed will be 25 students. The charter school's maximum enrollment goal is 800. Westlake Academy will open in the Fall 2002 serving grades 1 through 6. Additional grade levels will be added each year. The projected enrollment for the first five years is reflected in the following chart: 2202-2203 2003·2004 2004 -2005 2005-2006 2006-2007 Kindergarten 60 60 60 60 First 65 65 65 65 65 Second 65 65 65 65 65 Third 65 65 65 65 65 Fourth 65 65 65 65 65 Fifth 65 65 65 65 65 Sixth 65 65 65 65 65 Seventh 65 65 65 65 Eighth 65 65 65 Ninth 65 65 Tenth 65 Eleventh Twelfth Total 390 515 580 645 710 B. Describe the community or region where the school will be located. The town of Westlake is a small rural community with an approximate population of 250. The children of the Westlake community are split between three school districts: Northwest ISO, Carroll ISO, and Keller ISO. With the boundaries of the town lying along the fringes · of each of the respective school districts, there is no hope of the town ever having a school located in its boundaries. The purposed charter school would provide a keen sense of community and camaraderie among the citizens of Westlake. 00024 22 Westlake Academy c. Why was this location selected? Are there other alternative locations suitable to the needs and focus of the school? There has been demonstrated a keen desire for a rigorous curriculum school in the area; however, no one has stepped forth . The Town of Westlake has taken the initiative to bring a school of choice, grounded in high academics, to the citizens of the area. 00025 23 Iv. Westlake Academy Human Resource Information (Reviewed by Agency) A. Describe your human resources policies governing salaries, contracts, hiring, and dismissal, sick and other leave, and benefits. Provide salary schedules, sample contracts, and copies of policies on other issues. 1. Policy governing salaries Westlake Academy will hire and maintain high quality staff and teachers/educators by providing salary levels comparable with other school programs with the same type of job responsibility. All new-hire positions, including contractors , will be advertised in the local newspaper and other appropriate media. Job descriptions for each position will be in writing. Westlake Academy will pay salaries that are at minimum competitive with othe r public schools. To achieve and maintain salaries that are motivational and equitable, an individual's performance and experience will be considered in the establishment of salaries. For salary schedules, see Attachment #13. 2. Policy governing contracts All employees of Westlake Academy will maintain "at will" contracts and will be subject to evaluation based on criteria established by the Board of Trustees. All educational staff will be awarded 10 month (207 days) "at will" contracts. The Board will design an appeals process to be followed in case of conflicts concerning employees based on Texas Workforce criteria and the Office of Civil Rights. 3. Policy governing hiring To provide uniform employment practices throughout the organization and to conform to the Affirmative Action Polices and Equal Employment Opportunity, Westlake Academy will adopt a written pre-employment process and uniformly implement this process in searching for job applicants. Westlake Academy will use both internal and external search mechanisms in the employment process. 00020 24 I Westlake Academy Westlake Academy will hire and maintain the appropriate number of employees to insure that students attending the charter school receive maximum educational and social benefits. All program personnel, including teachers/educators, must pass a criminal background check prior to beginning work. A criminal check will be run through the Region Service Center on each applicant hired by the proposed new school. The Region Service Center will also conduct criminal background checks for all school volunteers. For a sample contract, see Attachment #14. A thorough and complete Faculty/Staff Handbook will be compiled for distribution to all faculty and staff. The handbook will be reviewed during staff initiation. Therefore, Attachment #15 is not applicable at this time . B. Administrators 1. Provide a biographical affidavit for each administrator of the school. Mr. Trent Petty will serve as the Executive Director of Westlake Academy . His biograph ical affidavit is in Attachment #16. 2. Explain the powers and duties of each administrator. Superintendent's (Executive Director) powers and duties: • Coordinates a program of instruction that supports the philosophy and goals of the school district • Displays effective personal leadership attributes and effectively delegates authority and responsibility • Plans district programs and services to meet identified needs • Provides for personnel practices that promote high quality staffing and job performance • Initiates and promotes an effective employee relations program • Directs the preparation and expenditure of the district's budget within the district's fiscal capabilities • Anticipates the district's needs for facilities and materials and establishes an effective system for their use • Oversees a system of student services and student discipline that is effective and equitable • Promotes positive community relations through effective communication with and involvement of community members • Seeks opportunities for continued professional growth 00027 25 Westlake Academy • Maintains a positive and productive working relationship with board • Assists in the development of and effective administration of board policy Principal's powers and duties: • Provide input to the Board concerning course and academic offering of the school • Report of school progress to the Board on a monthly basis • Supervise the development of needed courses of study, insuring that all developed courses met all course requirements set forth in the Texas Essential Knowledge and Skills • Assist parents and guardians and other community members in identifying volunteer opportunities • Responsible for the day-to-day leadership of Westlake Academy • Supervise all staff • Implement and maintain school policy • Ensure that background checks are made for all school volunteers • Receive suggestions from parents and guardians with respect to school operation and school policy 3. Who will be the school's Chief Executive Officer? Mr. Trent Petty 4. Describe the chain of command. For an organizational chart, see Attachment #17. 5. What experience has the proposed CEO had in managing a school and/or business? Mr. Petty, who holds a Master's degree in Public Administration, has 17 years of experience in public sector management, finance and budget. He has past board membership on the Grapevine-Colleyville Education Foundation and served as Fundraising Chairman for the first Grapevine-Colleyville Education Foundation Campaign . Additionally, Mr. Petty has served as GCISD financial consultant during the Tax Increment Finance analysis with the City of Grapevine, as well as consulted for CarroiliSD on the same topic in a different TIF. Mr. Petty has been Chairman of the Board of Faith Christian School during a time of set up and establishing permanent headmaster Westlake Academy leadership, curriculum stability, enrollment growth and financial milepost planning. In this capacity Mr. Petty has run the board meetings, set the agenda in coordination with the Headmaster and routinely represented the school to parents and city leaders. 6. What criteria will the founders use to choose the school's academic and financial leaders? The founders of Westlake Academy will use the following criteria to choose the school's academic and financial leaders: Education All academic staff will possess a minimum of a bachelor's degree. Teachers must be qualified to execute instructional strategies, strategies for student growth and development, strategies for classroom management and organization, strategies for policy implementation, and possess good communication skills. All financial leaders will possess a bachelor's degree or higher with a major in business administration, finance or accounting . Experience All teaching staff will provide evidence of success with experience in the teaching field. All financial leaders must have a least one year's experience in the field of accounting or finance . Certification All teaching staff will be encouraged to seek Texas Teacher Certification during employment if they lack certification upon initial employment. 7. Provide a complete job description for the CEO, school academic director, financial director and other administrative personnel. OOO~9 27 Westlake Academy : -----.: -. -:'. ~tvl~ @.lifr;ul,ff~.i} , -,,-. -. ."'. 1·:~:r:J~!1lt'i§!J)j:i(;B~)r'i!i!i\,©!B,,:§a..~~',,~ :illHJio!.~'_ _ _ " .•.. " Reports directly to the Board of Directors Compensation Range $60,000 -$90,000 The Executive Director will be an equal partner and full participant in the teaching-learning process of the Westlake Academy. In general this individual will facilitate and oversee that implementation, hiring, training, policy development ofWesUake Academy. This individual has the following areas of responsibility and duties: « Establishes with the faculty the goals and objectives of the instructional program in accordance with school policy and in keeping with the stated philosophy of the school « Develops with the staff the mission and school plan of action, based on identified vision of the school « Communicates and promotes high expectations for student performance in an enabling. supportive way; provides proper recognition of excellence and achievement « Assumes responsibility for overall administration of Staffing Initiation and preparation of budget proposal Applications Grants « Conducts required Training sessions Agency and program development <{ Monitors all agency and program components « Coordinates and implements work at a professional and independent level <{ Assumes the responsibility for formulation and coordination of technical detail and phases of the planning and the operation of all agency programs 28 Westlake Academy "'" Remains continually cognizant of program and project options as reflected in the monitoring and evaluation reports "'" Serves as public relations representative in fostering a cooperative relationship with the community "'" Insures and/or prepares required internal/eternal proficiency reports and statistical dala wilhin specified time frames Qualifications <{ Docloral Degree in Education preferred, but Master's Degree is required <{ Experience as a school administrator is preferred "'" Experience developing, organizing and implementing project goals and objectives "'" Ability to form constructive, mutually beneficial working relationship with other service providers and interested parties within the community required <{ Ability to problem " solve, work independently, and to provide positive leadership 10 staff and co-workers "'" Ability to identify and plan for both short and long range goals "'" Ability to provide sound fiscal and personnel management <{ Excellent verbal and written communication skills, along with strong interpersonal skills <{ Ability to understand and complete component needs and to develop and revise project proposals to best meet component priorities 00031 29 Westlake Academy •• '1 (: :"'J:.l-..,~Ht~i~ICI· w.-!-.It:t,.·~~)-:., Reports to the Chief Executive Officer Compensation Range $50,000 -$80,000 This individual will function uniquely as the facilitator of instruction ensuring that all instructional staff has sufficient training, materials, curriculum, and supports necessary to ensure that the goals and objectives of the school are achieved by the students. This individual will have the following responsibilities and duties: « Implement the vision and mission statement of the charter « Manage Ihe day-Io-day affairs of the school focusing on curriculum « Manage human resources of the school « Negotiate and make contract recommendations to Executive Director and Staff « Provide Professional Development in identified areas of need « Participate with the Executive Director in personnel issues regarding hiring and firing « Participate with the Executive Director in preparing necessary reports <{ Coordinate substitutes, textbooks, and other operations required by the school to provide quality education services « Assist with student recruitment and retention <{ Coordinate with school and community personnel to bring together resources of students Qualifications: « Master's Degree in Education preferred, but Bachelor's Degree in Education required « Experience as a school administrator is preferred 011032 30 Westlake Academy « Ability to problem solve, work independently, and to provide positive leadership to staff and community resources « Ability to provide sound fiscal and personnel management « Ability to express ideas effectively and deal with people tactfully <: Ability to demonstrate success in working with diverse groups 06033 31 Westlake Academy [" ~~r*,i,"~j~{r~~~-·· --~.--.--; ~ ... ~_ ._:.A:::. ... 1" _-'_ l . . ·~~_gHir:t-<--" ~j}'U"lir~r~, . . .' ~-'---.... ----_. --.-.------_ ... _-----------------.. --.~ -------.-- Compensation Range: $35,000 -$55,000 This individual will have immediate responsibility of the school's accounting practices, the maintenance of its fiscal records, and the preparation of its financial reports. This individual will have the following responsibilities and duties: < Administers and monitors day-to-day activities of the business office < Develops and implements accounting policies and procedures < Setting up and maintaining charts of accounts < Performs accounts payable, accounts receivable and cost disbursement duties <. Manages -the automated accounting system from an operational perspective, including monthly closings, data control, and systems accounting support <. Examines a variety of financ ial statements for completenes s, accuracy, and conformance with established procedure Qualifications < SSA in accounting or SA in accounting plus five years of governmental accounting experience. < Knowledge of fund accounting < Non-profit experience < Excellent communication/interpersonal skills <. Ability to exercise discretion < Capable of working independently 32 Westlake Academy 8. How will administrative personnel be evaluated? All Administrative personnel will be evaluated in accordance with provisions of Subchapter BB issued under the Texas Education Code, §21.354 and §39.054, and the commissioner's recommended or established standards under the Code. Westlake Academy will accept the commissioner's recommendations as its method of evaluation for administrative personnel which includes the following domains: • Instructional management • School or organization morale • School or organization improvement • Personnel management • Management of administrative , fiscal and facilities • Student management • School or community relations • Professional growth and development • Academic excellence indicators and campus perfonnance • School board relations (for school superintendents only) • A student performance domain shall be included in the appraisal of the Principal and the Superintendent 9. What will be the salary range and benefits for administrative staff? The actual salaries from within the ranges will be set and a finalized benefit package will be established once the school has rece ived its charte r . . Benefits available to all administrative staff include: • Educators and other staff members will receive the same benefits (i.e., sick days, professional days, etc) as teachers employed by the state in a public school • All staff members will have a choice about participating in the Teacher Retirement System or an alternative retirement system B. Faculty and Staff 1. Include a description of the qualifications to be required for all classroom teachers and staff. All teaching staff will possess a minimum of a bachelor's degree and will be encouraged to seek Texas Teacher'S Certification during employment. It is anticipated that all teaching staff will be 00035 33 Westlake Academy experts in the field of education and will proVide evidence of success in the field of teaching. Qualifications for non-teaching administrators and staff include possession of the appropriate education · and/or certifications and special knowledge and skills in their particular job position. Experience in the field may also be required as necessary. OOO~·(j 34 Westlake Academy - ,t~'j; Lr;l.-.,. ~i')JI01' ,,:-,,:'~;~}-..-j~fc)~ Supervised by the Principal Compensation Range $35,000 -$55,000 This individual will have the following areas of responsibilities and duties: « Provide guidance to prospective families and students « Provide guidance to students on education, career, and personal plans « Coordinate and supervise the compiling and maintenance of reports, records, and other required documents « Coordinate an effective information and referral process to help students utilize special programs and services « Assist students in course selection to meet graduation requirements and/or needs « Communicate with colleges and universities « Assist in coordination of an at-risk program and Section 504 referrals Qualifications « Master's Degree in Counseling preferred, but Bachelor's Degree is required « Three years work experience in studerit related counseling « Excellent communication and organizational skills « Knowledge of IDEA and 504 requirement to meet individual student's needs « Previous experience in educational and achievement testing « Ability to initiate evaluations and reports 00037 35 Westlake Academy Supervised by Principal .Jr~~ CJ=+-"'~~r')~~~["I' .~ :.:;:~..!;.\.:.}. Compensation Range $35,000 -$55,000 Consideration given to experience and educational level The teachers will function as an Instructional leader in each of their individual classrooms, directing instruction for all students, assessing abilities and strengths, developing goals and learning programs to meet the unique needs of each student and ensuring that parents have access to their children and the classroom. This individual's areas of responsibilities and duties are: <{ Employees appropriate instructionall1earning strategies, activities, and materials that accommodate al/ students' differences, gifts, and talents <{ Presents the subject matter according to guidelines established by TEA and Board of Directors <{ Demonstrates current knowledge, understanding a nd skill in teach ing strategies and the leaming process <{ Creates a learning environment conducive to learning <{ Provides authentic assessment activities <{ Establishes and maintains open lines of communication with students and their parents <{ Demonstrates interest and initiative in professional improvements <{ Maintains a professional relationship with all colleagues <{ Demonstrates behavior that is professional, ethical and responsible <{ Maintains accurate and complete records <{ Obtains a minimum of 50 hours of in-service, training and meeting hours each year 00038 36 Westlake Academy -( Accepts responsibility for extracurricular activities as assigned -( Assists in public relation development of the school -( Attends and participates in all meetings Qualifications -( TEA State Certified preferred, but graduate of an accredited institution of higher learning required with work experience in related field -( Demonstrates knowledge, understanding, and skill in the subject areas taught -( Sensitivity to the needs of all students -( Ability to problem solve and work independently -( Excellent verbal and written communication skills, along with strong interpersonal skills -( Ability to express ideas effectively and deal with people tactfully -( Possess strong organizational, planning, and facilitation skills -( Capable of showing students how academics is applied to aspect of life 00033 37 Westlake Academy .2. Describe the targeted staff size and the teacher-to-student ratio. A low studentlteacher ratio of 1: 15 will be maintained at all grade levels. 3. Identify the proposed faculty and staff if possible. With the exception of the position of Superintendent! Executive Director, all faculty and staff will be new hires and cannot be identified at this time. 4. Explain the method that will be used to evaluate the faculty and staff. The Professional Development and Appraisal System (PDAS), recommended by the Texas Education Commission, will be used to evaluate teachers . The PDAS appraisal framework is considered especially appropriate for teachers because the PDAS criteria . acknowledge broad-based tasks that teachers routinely perform that are beyond classroom teaching duties. Each teacher will be appraised each school year. Domains of the PDAS for teacher evaluation include: • Active , Successful Student Participation in the Learning Process • Learner-Centered Instruction • Evaluation and Feedback on Student Progress • Management of Student Discipline, Instructional Strategies, Time and Materials • Professional Communication • Professional Development • Compliance with Policies, Operating Procedures and Requirements • Improvement of Academic Performance of All Students on the Campus Once the state implements the TexBESS appraisal system, the school administration will utilize this system Non-teaching, administrative staff members will be evaluated in accordance with provisions of Subchapter BB issued under the Texas Education Code, §21.345 and §39.054, and the nov·tO 38 Westlake Academy commissioner's recommended or established standards under the Code. 5. Provide complete job descriptions of aI/ charter school faculty and staff, including instructional and non-instructional duties. One of the most important goals of administering the charter school will be to provide leadership and support for the instructional staff. The administration will value and encourage staff collaboration and professional development, and provide opportunities for teachers to assume leadership roles. The leadership style will be conducive for the inclusion of every one in the shared decision-making process, the empowerment of teachers and administrators for the accountability of learning, and the facilitation of all aspects of governing the school. 00041 39 Westlake Academy Supervised by Principal _I,,;i~ [):..!-:-. -I;,t:'l .;;" ~;..J ! t [ ....... , ~.-:: ~ . Compensation Range $30,000· $45,000 Consideration given for experience and educational level This individual will have the following responsibilities: <: Enters student enrollment data into database system <: Maintains student cumulative files <: Verifies student enrollment forms and documents, recognizes discrepancies and takes corrective action « Collects data/records required to maintain system support « Updates students cumulative folders with new information « Processes graduation documents and transcripts « Assists counselor Qualifications « Experience equivalent to two years as Registrar or other duties related to: Data controller Attendance secretary Record keeper/secretary « Familiar with Windows 98/ Microsoft Word and Excel « Ability to work with and without supervision <: Able to handle multiple tasks <: Detail oriented with strong organizational skills 00042 40 Westlake Academy Reports directly to the Executive Director Compensation Range $25,000 -$30,000 This individual will have the following responsibilities and duties: -< Attends training for PEIMS -< Responsible for data entry of aff PEIMS information -< Responsible for reports and analysis of PEIMS information -< Works with CPA auditing PEIMS information and provides all data need to properly audit information -< Handles all tasks associated with PEIMS as they are identified « Collects data and enters all information for new and existing students Qualifications -< Bachelor's degree preferred, but High School diploma required « Minimum two years experience involving data entry work, preferably with PEIMS « Two years experience in non-profit organization or knowledgeable of non- profit organization « Ability to problem solve and work independently « Type at least 40 wpm 00043 41 Westlake Academy D. Code of Conduct ·1. Describe in detail your school rules or guidelines governing student behavior. Westlake Academy's goal is to ensure that a/l students have a safe, nurturing and challenging environment in which to leam and grow. Additionally. the rules are so designed to incorporate the entire learning team -student, caregiver, and faculty -in the process of teaching appropriate school-related behaviors. Westlake Academy will use a commendation/infraction based system. Instead of only documenting inappropriate behavior, Westlake Academy will reward and reinforce appropriate behavior on a regular basis. Positive reinforcement will not be limited to academic, but will also include appropriate life skills such as flexibility, cooperation, and respect for others. Westlake Academy believes discipline is another opportunity to teach children what they need to know and practice in order to live happy, productive lives. The infraction-based discipline system is based on this value. Teaching interactions regarding inappropriate behavior will center upon providing students with many opportunities to correct their behavior escalating consequences when they do not, and incorporating the students' families throughout the process . 2. Describe your school's policies regarding student expUlsion and suspension. Include a description of procedures that satisfy due process requirements. Westlake Academy will use an infraction based discipline system. This discipline system's aim is to stop inappropriate behavior prior to student eicpulsion or suspension by modeling, teaching and reteaching appropriate behavior. The school's policies will be disseminated to all students and parents regarding offensives that qualify for immediate expulsion. Due process requirements will be satisfied by including families throughout the process by providing documentation and by the availability of informal and formal appeals procedures. Dangerous, threatening, and other extreme behavior can lead to immediate suspension or expUlsion. 00044 42 Westlake Academy 3. Describe your school's mandatory student attendance plan and its fit with the code of conduct and the mission of the school. Westlake Academy's philosophy will be to provide students with a safe, supportive, and challenging environment so that students will have a strong desire to come to school on a daily basis. Westlake Academy's mandatory attendance policy will be incorporated into the student's code of conduct and will further the mission of the school. Regular and punctual attendance is unequivocally the single greatest factor in school success. Compulsory attendance now applies to all students who are less than 18 years of age (TEC 25 .085). The law requires a student to attend public school until the student's 18th birthday , unless the student is exempt from attendance under Section 25.086. Westlake Academy will utilize a system that tracks excused and unexcused absences. If a student is absent due to illness , a parent must call the attendance office between the hours of 8:45 A.M. and 9:30 A.M. Additionally, a note, which includes the student's full names, daters) of absence, a daytime phone number for verification and a brief statement giving the reason for the absence , must be submitted within 48 hours to the attendance clerk . Once a student has missed five school days , a note to verify illness must be provided by a certified physician . Appeals to this policy can be made to the attendance committee . Absences are considered excused for the following reasons: • Illness • Family illness -immediate family only, subject to approval • Death in the family • Religious holiday -must have prior school approval • Doctor's appointment -must provide doctor's note Unexcused absences can be due to numerous reasons . The following are some examples of unexcused absences : • Vacation. • Babysitting • Oversleeping • Car trouble • Traffic delays 00045 43 Westlake Academy Regardless of the nature of the absence, the student must make up his or her work. Points will be deducted due to unexcused absences. A student has one day for each day missed to complete and turn in make-up work. Westlake Academy 's philosophy, mission and student code of conduct are based upon the belief that education of young people is solidified by the relationship they develop with school personnel and their classmates. Whether the student is learning a new academic skill or acquiring improved social skills , regular attendance is essential. 00(J,16 44 Westlake Academy I VI. . Business Plan (Reviewed by Agency) A. Financial Management 1. Describe sources and projected amounts of start-up funding. 2. Provide supporting letters of credit and documentation verifying private sources of funds. (Include as ATTACHMENT #18) For resolutions from the Town of Westlake. see Attachment # 18. 3. Develop a preliminary startup budget, covering only the planning and capital expenses necessary before school opening (Attachment 19). Present a three (3)-year budget (Attachment 20) covering all projected sources of revenue, both public and private, and planned expenses (BUDGETS MUST BE COMPLETED ON STATE-PROVIDED TEMPLATE IN APPENDIX VI and found at http://www.tea .state .tx.us.lschool.finance/auditlbudgetcs .xls.) NOTE: The estimate of State Aid (ESA) for budget purposes should be based on Average Daily Attendance (ADA). ADA is equal to average daily enrollment multiplied by the percent of attendance. ESA=ADA X $4000. A realistic estimate for rate of attendance for at risk students would be 85%. For the preliminary' startup budget, see Attachment #19 . For the three-year budget, see Attachment #20. 4. Present a three-year cash flow projection (Attachment 21) showing monthly cash in flows from all sources by month, including loans and a" monthly cash outgoes for a" purposes, including loans. Discuss the school's projected revenues and expenditures identified in the cash-flow projection. For the three-year cash flow, see Attachment #21. 5. Discuss any fund raising efforts to generate capital or to supplement the per pupil allocations (ADA) that are planned. A yearly capital fund raising campaign will be conducted in association with the Parent Teacher Organization/Booster Club fund raising activities. OO()47 45 I Westlake Academy The mission for fund raising at Westlake Academy will promote internal and external constituencies and create a climate with extemal constituencies that will generate maximum financial support for the new school. The development function at the school will be organized as followS to better fulfill its mission : • Special Events • Grant Writing Through a comprehensive process of identification, solicitation and stewardship, the development staff will secure financial support for the proposed school's programs and provide opportunities for involvement with the school's overall leadership, programs, fund raising activities and special events. Under no circumstances will children ever be asked to participate in door-to-door fundraising activities. All Federal, state, and local laws and regulation regarding fundraising will be followed. S. Discuss the ways that the school will address anticipated growth in the areas of personnel, facility and equipment expenditures. Increase in enrollment, up to 800 students, will drive the growth in expenses related to personnel , facility and equipment. Allowable related expenditures will be guided by the per pupil funding rate . At any appropriate time, additional funding can be obtained through cooperate and private fundraising, or even the letting of bonds. 7. Provide a copy of the current andlor proposed business procedures handbook (Attachment 22) the school will be USing, describe the policies, procedures, and forms for the daily business operation. For a copy of the proposed business procedures handbook, see Attachment #22. 8. Discuss the way that the school will address any unanticipated expenditures or loss of revenue and any negative net asset balances. As demonstrated in the proposed three year budget fiscal responsibility is demonstrated in a surplus of $39,435 is projected for the first year, a surplus of $86,903 (cumulative $126,338) is projected for the second year, and a surplus of $51 ,870 (cumulative 00048 46 Westlake Academy The mission for fund raising at Westlake Academy will promote internal and external constituencies and create a climate with external constituencies that will generate maximum financial support for the new school. The development function at the school· will be organized as follows to better fulfill its mission: • Special Events • Grant Writing Through a comprehensive process of identification, solicitation and stewardship, the development staff will secure financial support for the proposed school's programs and provide opportunities for involvement with the school's overall leadership, programs, fund raising activities and special events. Under no circumstances will children ever be asked to participate in door-to-door fund raising activities. All Federal, state, and local laws and regulation regarding fundraising will be followed . 6. Discuss the ways that the school will address anticipated growth in the areas of personnel, facility and equipment expenditures. Increase in enrollment, up to 800 students, will drive the growth in expenses related to personnel, facility and equipment. Allowable related expenditures will be guided by the per pupil funding rate . At any appropriate time, additional funding can be obtained through cooperate and private fundrais ing, or even the letting of bonds. 7. Provide a copy of the current and/or proposed business procedures handbook (Attachment 22) the school will be using, describe the policies, procedures, and forms for the daily business operation. For a copy of the proposed business procedures handbook, see Attachment #22. 8. Discuss the way that the school will address any unanticipated expenditures or loss of revenue and any negative net asset balances. As demonstrated in the proposed three year budget fiscal responsibility is demonstrated in a surplus of $39,435 is projected for the first year, a surplus of $86,903 (cumulative $126,338) is projected for the second year, and a surplus of $51,870 (cumulative '. 00049 46 Westlake Academy $178,208) is projected for the third year. This fund balance allows for any fiscal exigency. 9. Prov.ide a copy of the current or proposed monthly budget status report (Attachment 23) to the Board of Directors that will be used. For the proposed monthly budget status report, see Attachment #23. 10. Describe the financial accounting and payroll accounting system to be used and the system's capacity to use the state mandated financial accounting system in the Public Education Information Management System (PEIMS). Westlake Academy is investigating a plan proposed by the Region Service Center, which requires an initial outlay of approximately $5,000 .00, to purchase and set-up compatible software that has the capacity to use the state adopted financial accounting system in PEl MS. Additionally, this system will effectively allow the Service Center to manage the financial accounting and payroll accounting system of Westlake Academy. Another viable option is that many accounting duties will be performed by a clerk shared with the Town ofWestJake. Westlake Academy will follow the required delivery schedule and record format in accordance to the Region Service Center speCification. All records will be stored in a secured environment to insure confidentiality of records and files. B. Facility Management 1. Description of and address for the physical facility. Due to the sensitivity of negotiations, the exact site of the facilities cannot be divulged until such time and the charter has been granted . 2. Explain why this site would be a suitable facility for the proposed school. Address the necessity of renovation to the facility and compliance with applicable building codes. Describe the services of the facility Including heating, ventilation, and lighting, sanitary conditions and water supply. 0005J 47 Westlake Academy Describe how all federal, state, and local safety and health requirements will be met. The site will encompass several acres of land. Construction on the facilities will begin quickly. In the unlikely event that construction of permanent facilities cannot be completed by the start of school, Fall 2002, an agreement for interim housing is also being negotiated. There will be more than adequate land for extensive athletic/playground facilities. 3. Describe special use areas of the facility, including playground/athletic areas, cafeteria, laboratorIes, general assembly areas, etc, The long-range vision of the Board of Aldermen is that the entire campus of Westlake Academy will be innovatively cross utilized with the Town of Westlake. Through an extensive collaboration the Westlake Academy Library will serve as the town's public library, the Westlake Academy Auditorium will serve as the town's civic auditorium; the Westlake Academy playground, gymnasium, and athletic facilities will serve as the Town of Westlake's recreational facilities; and the Westlake Academy offices will be housed with the Town of Westlake's administration. 4. Discuss any progress, partnership developments or future steps towards acqUisition of a facility/land. As addressed previously, the Town of Westlake is in ongoing negotiations for the property on which to build Westlake Academy. Details of this negotiation must remain confidential until such time as the charter is granted. 5, Attach a copy of a lease agreement, deed to property or purchase agreement as applicable (Attachment 24). A lease agreement with the Town of Westlake will be executed upon the granting of the charter. The Town of Westlake's resolution to provide space and facilities for Westlake Academy is in Attachment #24 . C, Student Attendance Accounting 1. Describe your school attendance accounting procedures. The TEA Student Attendance Accounting Handbook must be followed. (Copies of this handbook can be obtained from 00051 48 Westlake Academy publications department of TEA). Indicate name of computer program to be used for student accounting purposes and describe the capacity of that program to keep track of student related data required in PEl MS. The charter school attendance accounting procedures will follow the TEA Student Attendance Accounting Handbook with attendance tracked daily per class and recorded using software provided by Dr. John Anderson, which is PC based and capable of tracking all necessary student related data required in PEIMS. These accounting procedures are currently in use as required by the TEA regulations. Additionally. Westlake Academy will comply with the following responsibilities: • Ensure that the basis used to record and process attendance accounting data meets this standard through an approved automated system . 19 TEC §129.21(e) • Adopt an attendance accounting system, both manual and automated, which includes procedures that ensure the accurate taking, recording, and reporting of attendance accounting data . TEC §42.006 (b) • Report attendance and contract hours on the student level for the entire school year through the Public Education Information Management System (PEIMS) • Be responsib le for the safekeeping of all attendance records and reports and certify these documents upon submission to PEIMS • Determine how to properly store records to be readily available for audit by the School Financial Audit Division of the Texas Education Agency TEC §42.255, 19 TAC §129.21(m) • Contract with a reputable automated system or a Regional ESC that will provide error free submissions to PEIMS • Include attendance accounting in the annual audit to be reported to TEA • Maintain records to reflect the average daily attendance (ADA) for the allocation of FSP funds and other funds allocated by the TEA. 19 TAC §129 .21(a) • Report all eligible students that are entitled to the benefrts of the FSP. All eligible attendance will be reported according to provisions established by the TEA and only those students who are eligible for special funding will be included in the ADA report. TEC §42.006 00052 49 Westlake Academy 2. Attach a school calendar (Attachment 25) and identify the hours of school operation, including a description of teacher/student contact hours. The school's hours of operation will be from 8:30 A.M . to 3:30 P.M . daily. These hours provide for a ratio of 1:6.5 hours of teacher/student contract hours. For a school calendar, see Attachment #25 . 3. Provide a draft of a board policy (Attachment 26) providing for the admission of students eligible for a public education grant (PEG) under Texas Education Code, Chapter 29, Subchapter G. Describe how the school will implement the policy. For a statement of Board policy, see Attachment #26. D. Transportation and Food Service 1. Describe provision for transportation for students served by the charter school. Pursuant to federal law, the school must provide transportation to students eligible for special education services as required by their Individualized Education Plan (IEP). ,Westlake Academy will prov ide transportation for students as mandated by federal law . Specifically , Westlake Academy will provide transportation to students eligible for special education services as required by their Individualized Education Plan . 2. Describe provisions for food service, if any, for students served by the charter school, including plans for free or reduced lunch and breakfast programs. (If 10% of your students qualify for free or reduced lunch, you are required to provide a breakfast program for those students.) Westlake Academy will follow all applicable provisions in providing free and reduced lunches and breakfasts. If 10% of the student population qualifies for free or reduced lunch, a breakfast program will be provided for them by contracting for these services . 50 Westlake Academy VII. Geographic Boundaries and Statements of Impact (Reviewed by Agency) A. Geographic Boundaries 1. Describe the geographic area to be served by the school. Include a map (ATTACHMENT 27) showing boundaries clearly marked. Include a written description that clearly explains the area to be served. NOTE: This description must be specific and definite. For example, descriptions such as "southwest portion of the city" or "the greater metropolitan area" are insufficient Acceptable definitions include those identifying the area in terms of city or county limits, street names, and boundaries of school districts or zip codes. The boundaries of Westlake Academy will be concurrent with the boundaries of the Town of Westlake. The area is bounded on the west by Highway 377, on the north by Highway 114, on the east by the town of Southlake and on the south by the city of Keller. The . Tarrant/Denton County line runs through the center of the town. A map of the area is in Attachment #27. 2. Provide a list of all districts within the geographical area that may be affected by the charter school, including those districts from which the charter school will accept transfers . Argyle ISO Keller ISO Carroll ISO Northwest ISO Denton ISO B. Statements of Impact 1. The sponsoring entity must send a copy of the form in Appendix IV, Statement of Impact, to the superintendents of all school districts that are likely to be affected by the establishment of the charter school, including those districts from which the charter school will accept transfers. The purpose of the form is to document any adverse impact on the affected district or any potential enrollment shift that may impede a district's ability to comply with a court order affecting the district The form must be sent to all districts In the geographic area from which the school will draw students. 0005.1 .51 Westlake Academy . A copy of the charler school application and a letter from the sponsoring entity must accompany the form, requesting the superintendent of the affected district to submit the signed and completed form to the Texas Education Agency, (A sample letter is also included in Appendix IV of this document) The Statement of Impact form and the completed application (excluding only Attachment 28) should be sent to all affected districts no later than the date the application is submitted to TEA. The Statement of Impact will be sent to the following school districts on Wednesday, February 14, 2001: Argyle ISO P. O. Box 989 Argyle, TX 76226-0989 CarrolllSD 1201 North Carroll Ave. Southlake, Texas 76092-9405 Denton ISD P. O . Box 2387 Denton, TX 76202-2387 Northwest ISD 1800 State Hwy. 114 Justin, TX 76247-8700 Keller ISO 350 Keller Parkway Keller, TX 76248-3447 2, The charter school application must include a list of the districts to which a Statement of Impact form and application were sent Submit with your application a copy of the return receipt (Attachment 28) from the post office showing the date the forms were sent to the districts. The return receipt forms for the post office are in Attachment #28 . 3. The superintendent may complete the Statement of Impact form and submit it to the Texas Education Agency by the date of submission of the application to the State Board of Education. Upon receipt of each charter school application, Agency staff will determine whether all districts likely to be affected by the establishment of the proposed charter school received a Statement of Impact. 00055 52 Westlake Academy VIII. Statement of Need (Scored by Review Committee) A. Why is there a need of this type of school? What evidence exists that there is a sufficient demand for the educational program you are proposing? After careful consideration of the educational goals of this diverse community. the Board concluded that the program developed by the International Baccalaureate Organization (IBO) would best match the needs of this area and, therefore, will be adopted by the Westlake Academy. This program, offered throughout the world, promotes academic achievement and responsible citizenship. The International Baccalaureate (I B) program was originally developed in Switzerland thirty years ago as a rigorous course of study for motivated secondary students. Recently, the Intemational Baccalaureate Organization (IBO) developed and endorsed a Middle Years Program (MYP), which fulfills and enhances the mission identified for the Westlake Academy. The IB program is the perfect program to be offered in the backyard of the Alliance Airport corridor international community where many international corporations have established their corporate offices . B." Explain why the charter school model is the appropriate vehicle to address this need. The primary reason why the charter school mode l is the appropriate vehicle to address this need is to ensure that all young people, regardless of their socioeconomic background, have the opportunity to participate. While there are several private schools in the area, the tuition causes the schools to be cost prohibited to many families. According to local parents, the problems faced by families who desire a rigorous, international language curriculum are deep and the academic gap is wide. Although there are many, many excellent teachers, they are so pulled to address all the needs of the varied instructional levels found in the classrooms of inclusions. Students and parents are fearful that students are at great risk for not reaching their true potentials-they are lost in the cracks of today's educational system. Accelerated academic education indeed faces a quiet crisis as educational reform movements focus on cosmetic administrative change rather than teachers, students and the material " to be learned. Parents can join organizations; they can serve on school committees; they can volunteer endless hours in their child school, and still the students' needs are not COOSIi 53 Westlake Academy met. The parents are weary. Charter schools were envisioned to precisely meet the needs of these families and their precious children. Many schools, due to associated financial benefits, place great emphasis on athletics. Often the situation occurs where, to accommodate coaching staff, academics become secondary. Westlake Academy is committed to have individuals in specialized areas work in their specific domain, i.e., music instructors will teach in music related courses ; coaches will be responsible for athletic activities . Westlake Academy will guarantee each parent that academics will not be compromised . The Westlake Board firmly believes a viable academic prog ram must be open to all children. Westlake Academy will ensure students, regardless of sex, national origin , ethnicity, religion , disability, academic or athletic ability, will have a choice in education. There is indeed a strong need for this type of school and the charter school model will ensure that its doors are open to all qualifying children . 0005" 54 Westlake Academy IX. . Vision of the School (Scored by Review Committee) A. Describe the long-range vision of the school specifically addressing how that .vision supports student learning of the Texas Essential Knowledge and Skills. Mission Statement Westlake Academy The Westlake Academy will provide a rigorous curriculum that is international in scope with high expectations by sharing the responsibility of educational development between teachers, parents, community, and students. This will be achieved by providing an innovative approach to education that focuses on each student's needs to develop a thirst for knowledge, produce positive esteem, encourage good citizenship and maximize their individual potential. This will prepare students for a rapidly changing environment that is global in scope. The vision of Westlake Academy is to create an international, interactive learning community composed of families and engaged learners linked with a high quality instructional team . The school will provide a rigorous curriculum and gu idance to challenge all students to reach their greatest academic achievement. Westlake Academy will continually reach out to fam i lies whose students' educat ional needs are not be i ng met in more tradit ional settings. The schoo l will provide a supportive environment for young people who possess the desire to reach their fullest potential through a more formalized, international study based on a rigorous curriculum. With the incorporation of the Texas Essential Knowledge and Skills into every aspect of the core curriculum, each student will be supported by the curriculum in all areas of instruction. B, In succinct terms, describe the educational philosophy or pedagogy of the proposed school. The educational philosophy of Westlake Academy centers on unity of purpose where all stakeholders, including community members, parents, students, staff, and administrators, work collectively on all aspects of providing each student with an exceptional education. All members of the school community share a dream for the school and work together toward a common set of goals that will benefit all stude~ts . Additionally, all 00050 55 Westlake Academy existing knowledge, gifts and talents are valued, recognized and utilized in order for each student to reach hislher maximum potential. Westlake Academy's education plan is more than the assimilation offacts. Proficiency in a discipline means that an individual becomes a capable practitioner and has a sufficient foundation to pursue advanced study. The curriculum defines the knowledge, skills , and achievement levels commensurate with proficiency. The traditional core curriculum areas - language arts, math, science, and social studies -remain strongly emphasized. The curriculum will be augmented with music, theatre, art, physical education, environmental education, and foreign languages. Westlake Academy's emphasis on academics is balanced by an equal emphasis on creativity. It is not enough in a democracy for people to simply inquire. It is also necessary to take the fruits of one's inquiry and make something of them. A school that professes to address the needs of its students must enable children to express the American tradition of experiment and invention. The curriculum will be structured to link inquiry with invention and creativity , whether it is painting, sculpture, photographs, compositions, theatre, speaking, etc. One of the tenants of Westlake Academy is that the student's ability to do science and mathematics is improved when they are encouraged to develop their artistic sides, especially if they do so in ways that link back to their science and mathematic stUdies . Westlake Academy's curriculum is designed as a comprehensive program that allows its gradua tes to fulfill requirements of various national systems of education. It provides the intellectual, social, and attitudinal perspective necessary for the challenges and opportunities that lie ahead of them in a contemporary, international society . While insisting upon a thorough study of the various disciplines, the interrelatedness of the courses will be accentuated . By emphasizing the dynamic combination of knowledge skills, experience and critical thinking, academic achievement, coupled with active and responsible citizenship, is promoted . An accelerated, international curriculum and extensive parental involvement will create a learning environment that will be conducive and compatible to each student overcoming any and all obstacles in their educational joumey that might place the realization of achieving their full educational potential at risk . Darling-Hammond (1996) noted that teaching and education have suffered from decades of neglect. A lack of standards and schools organized better 00059 56 Westlake Academy for the 19th century than the 21$t century has caused a substantial call for reform. As Darling-Hammond argues, 'Children can reap the benefits of current knowledge about teaching and learning only if schools and schools of education are dramatically redesigned. Westlake Academy is making a sincere effort to redesign program. Critically needed efforts are being implemented with the school context to meet those challenges. Westlake Academy is dedicated to leaving no student behind. C. Discuss the educational innovations that will distinguish this school from other schools. The curriculum is designed as a comprehensive program that allows its graduates to fulfill requirements of various national systems of education. IBO is based on the pattern of no single country. It provides students of different linguistic cultures , and educational backgrounds with the intellectual social and attitudinal perspectives necessary for the challenged and opportunities that lie ahead of them in a contemporary, international society. The Middle School curriculum has the same commitment and rigor to a holistic view of knowledge that is found throughout the world in the highly successful high school program. The success of the high school program has been demonstrated at approximately 200 schools in the United States and over 500 schools throughout the world, ninety percent of which are public school. The IB curriculum stresses rigorous academic study and the equally important development of life skills, disciplines and a sense of social responsibility. The intent is that students should learn how to learn. how to analyze, how to reach considered conclusion about people, their language and literature, their ways in society, and the scientific forces of the environment. At the beginning of each new course or topic of study, students will be given clear class/course objectives and the methods by which they will be accessed . The IB program is a deliberate compromise between the preference for specialization in some countries and the emphasis on breadth often preferred in others. The educational aim of the Inlemational Baccalaureate Organization is to awaken the intelligence of student and teach them to relate the content of the classroom to the realities of the world outside. By emphasizing the dynamic combination of knowledge, skills, experience and critical thinking, the IBO promotes academic achievement, coupled with active and responsible citizenship. The program addresses the challenge of educating the whole person in preparation for life, engendering respect for 0006J 57 Westlake Academy the physical life of the body and delight in the life of the mind as it engages the world in all its fullness and complexity. . This program offers an approach to teaching and learning that embraces yet transcends the focus of traditional school subjects. While insisting upon thorough study of the various disciplines, the program accentuates the interrelatedness of them and so advances a holistic view of knowledge. This interdisciplinary perspective asks the student to consider issues and problems in their wide scope, and to realize that good solutions often draw upon insights one has acquired from many sources. Put another way, the program shuns the fragmentation of knowledge that so often results when students move from biology to history to mathematics to technology as if the classes had nothing to do with each other. The education of the "whole person" takes on a special significance as we proceed into the twenty-first century; when knowledge continues to expand dramatically; when advanced technologies and global economics have tied together vastly different cultures; when the world is bound too closely for provincial ideologies to guide political thought; when to exist in a world community requires appreciation and understanding of cultural diversity; and when cooperation alone will solve global problems. It is essential that academic training provides students with the values and opportunities that enable them to succeed in the competitive, modern world. Westlake Academy will utilize the campus and its facilities to offer summer academic camps to area children, Westlake Academy students , as well as those students in surrounding public schools . The summer academic camps will focus heavily on the languages to provide a continuum of language immersion . Scholarships will be available, with nominations for such scholarships coming from area ISO Superintendents . Additionally, an optional semester study abroad program will be available for students. This facet of the high school program would be incorporated into the IBO program to allow the student the benefrt of total emersion in their second language and culture . Funds for this activity will be raised by the students during their high school years and placed in interest-bearing accounts; however, scholarship and financial aid will be available to ensure that no student is denied opportunity nor left behind. Finally, in an effort to provide a holistic approach between community and school, the Town of Westlake will form alliances with sister cities throughout Europe. Beginning with young pen pals, to collaborative research via the Internet, to an extensive exchange program, the fabric for strong strategic international alliancep will be woven. OOOGL 58 Westlake Academy X.' Student Goals: Improvement and Attainment (Scored by Review Committee) A. What are the school's academic goals for student learning for the first 5 years? This section should convey how the charter school addresses requirements relative to the Texas Essential Knowledge and Skills. NOTE: The goals must identify performance standards that meet or exceed the level of student performance required under the state accountability system (i.e. TAAS; the school may also identify goals for pre/post testing, passing rates, courses passed, end-of-course exams, and other measures). TAAS goals should also be expressed in terms of TLI (Texas Learner Index) improvements. Goals for student performance that are unique to the charter school should also be described. B. What are the measurable school performance objectives for each goal listed above? C. Clearly state how progress will be measured relative to each of these objectives. Name assessment instruments to be used. D. Clearly state when and how annual progress in meeting objectives will be reported to the SBOE, agency, and the public. 59 o o c '" w. Westlake Academy ... _- Student Goals 12002-12003-12004 -1 2005-1 2006-Progress . ______ . ______ ~ ~OO3 2004 2005 2006 1 2007 Measurement Academic -Overall • Exceed performance standards for student learning for the first five years • Obtain a status as a state exemplary school • Have a minimum of 50% of high school graduates achieve the Distinguished Achievement Program -Advanced High Schoo l Program 8S describes in TEA Chapter 74 Students will pass the appropriate TAAS with TLI of 170% of 175% of 180% of 185% of 190% of r Spring TAAS 80% st udents students students students students •. TEKS incorporated into curriculum • Pre-test, administered the second week of school, identifies individual areas of weakness • Test taking strategies reviewed prior to tes t date Timeline for reportil][ Year-end SBOE report Students will score above grade level in reading~1 7 0% of 750/0-of 180% of 185% of 190% of math, language, science, and social studies students students students students stUdents • Broad based core curriculum utilized by all teachers • Low student teacher ratio implemented • Various teaching styles incorporated into instruction • Comprehensive reading program offered to all students Timeline for reporting : Year-end SBOE report Pre-test and Post-test Stanford Achievement Test of the Gates-McGinite assessment test 60 Students will prepare and present their portfolios to a group of parents, community members, and/or staff • Instruction on preparation of portfolios • Incorporation of portfolios into assessment process • Participation by adults in evaluation process Time line for reporting: Year-end SBOE report o o o '" ..- 75% of 80% of students students Westlake Academy 85% of 90% of 95% of Semester students students students update to Director - 61 d Cl c::: Non-academic Each student will attain a good attendance rate • Calls to parents of absent students made daily • Conference with student and parents held after 3 absences per nine weeks • Conference with student and parents held after 5 absences per semester Timeline for reporting: 6-week ADA report and year- end SBOE report Each grade level will participate in a community project per year • A list of possible projects provided to each class • Two designated volunteer parents along with the teachers coordinate the activity • Two community leaders work with the class Timeline for reporting: Year-end SBOE report Each student will participate in an individual community service project • A list of possible projects on campus provided to students • A list of possible projects in the community provided to students • A parent volunteer committee coordinates the activities '" " ) Timeline for reporting: Year-end SBOE report 75%of students 80% of classes 80% of students Westlake Academy 80% of 85% of 90% of 95% of Attendance students students students students . cards 85% of 90% of 95% of 100% of Teacher record classes classes classes classes sheet ! I i 85% of 90% of 95% of 100% of Student sign-in students students students students sheet , 62 Westlake Academy XI. . School Goals (Scored by Review Committee) A. Describe the goals of the school as an entity for the next five years. (growth, facilities development, etc.). B. List measurable performance objectives for each goal listed above. C. Clearly state how progress will be measured relative to each of these objectives. Name assessment instruments to be used. D. Clearly state when and how annual progress in meeting objectives will be reported to the SBOE, agency, and the public. 63 e t!:I ~I t:h .. ,.l Goals of the School Apply for financial grants '. Part-lime or full-lime individual recruited for this position • Grant writer attend instructional seminar Timeline for reporting: Year-end SBOE report Develop partnerships wilh community businesses • Meet monthly with businesses • Establish campus visits • Parent volunteer coordinate partnerships Timeline for reporting : Year-end SBOE report Increase enrollment • Hold public meetings • Distribute fliers • Conduct tours Timeline for reporting: Year-end SBOE report Parental involvement • Offer various hours of involvement • Provide board selection of participation activities Timeline for reporting : Year-end SBOE report 1 grant Grants of of $1,000 $3,000 4 Bus. S Bus. 340 420 st udents students 70% of 75% of parents parents Westlake Academy Grants Grants Grants Quarterly report of of of to Director $5,000 $10,000 $25,000 10 Bus. 12 Bus. 15 Bus. Quarterly report to Director 500 580 650 Yearly students students students enrollmenl reports 80% of 85% of 90% of Quarterly report parents parents parents 10 Director 64 Westlake Academy XII. Educational Plan (Scored by Review Committee) A. Describe the educational program planned for the school. Indicate clearly how these areas will be strengthened over time. 1. Tell how the program will incorporate the required minimum curriculum as provided by Section 28.002, Texas Education Code. Describe the scope and sequence of the curriculum as delivered by the charter school with particular attention to the core curriculum, i.e., reading, mathematics, science and social studies. The foundation of the Westlake Academy will be based on Section 28.002 of the Texas Education Code. Westlake Academy will offer all grade levels a foundation curriculum that includes English. language arts, mathematics, science and social studies, consisting of Texas, United States and world history, government and geography. With Section 28.002 as the minimum curriculum guide, a balanced curriculum designed to meet individual needs of all students will be implemented. Additionally, Westlake Academy will provide an enrichment curriculum that includes health, physical education, fine arts, economics, career, technology education and applications and languages other than English. Each of these curricular areas - both foundation and enrichment -will offer instruction in the essential knowledge and skills at appropriate levels . 2. Describe any unique curricular experiences to be offered by the charter school that will enhance student success beyond the minimum curriculum. One way of understanding the fundamental perspective of the International Baccalaureate Organization is to remember the phrase, "and more.· Students are expected to be well versed in traditional subject areas of the curriculum, and more -they are encouraged to appreciate the traditions of other people and other places. Students are expected to have a firm command of language as a means of communication, and more -they are encouraged to develop admiration for the elegance and richness of human expression . Above all, the hope is that students will acquire a genuine love of learning and disciplined habit of mind and body that will guide their young adulthood and be a source of strength and enjoyment throug hout the whole of their lives. !Hl06d 65 ·1 i I Westlake Academy To achieve this end, courses will be offered in larger blocks of time to improve the delivery of the curriculum. This will allow for greater depth of study and integration of different disciplines, as well as providing the opportunity for students to be more actively engaged in their leaming. Students will be challenged to make connections and discover relationships between what they are studying and current conditions and events occurring locally, nationally and around the world, and how it frts into their lives. The educational program will take advantage of the location of numerous national and international corporations in the area to provide students with the chance to learn about various career paths. Students will have age and interest appropriate opportunities for shadowing, mentoring, and interning with employees at various levels of the corporations . Corporate experts from a variety of fields will be invited to share their expertise with students in the classroom. Students will be expected to participate in age appropriate community service both in and outside of school. 3. Describe how the program will incorporate the Texas Essential Knowledge and Skills (TEKS) into the curriculum and address goals, objectives, and content in all subject areas and grade levels. Westlake Academy's framework for academic excellence will reflect alignment to the TEKS . These standards are a living document subject to continuous improvement. The TEKS will serve as the basis for the academic program. Core curriculum courses will be offered which will include the required foundation curriculum of English language arts with a very strong emphasis on reading, mathematics, science, social studies consisting of Texas, United Sates and world history, government and geography. The scope and sequence of the curriculum will develop in a manner that will enable students to enter the program from a traditional school and any grade level. With the use of a variety of assessment instruments, students will be placed at an appropriate entry level without regard to age. Students also will have the opportunity to participate in a variety of enrichment courses and related leaming opportunities in addition to core courses . Course and learning opportunities in health, physical education, fine arts, and economics will be offered according to the Texas Education Code §28.002. O(}(!6J 66 Westlake Academy Westlake Academy is committed to ensuring that all students receive a challenging curriculum and instruction based on a commitment to an accelerated, integrated, core curriculum. The integration is designed to promote learning among the individual disciplines and is based on the following: • Motivated learning by making learning relevant to the student's lives • Adds co herence to vast amounts of information by making connections among disciplines • Addresses the curriculum by viewing content as a 'means' not an 'end' • Acknowledges reading, writing, speaking, listening, viewing, and the use of numbers as enabling skills within the thinking processes • Promotes the fine arts in all aspects of learning • Fosters collaboration among students and teachers . . 4. Describe the connection between the TEKS, classroom instruction, and assessing student progress. The goals, objectives, and definitions of content areas are intended to promote skill development and raise the standards of student achievement. Westlake Academy will embrace all the state's goals and objectives related to curriculum. Educational programs will mirror and support the state's aims through: • Selecting textbooks and other instructional materials that are aligned to the TEKS curriculum • Maintaining updated information provided by TEA related to the TEKS curriculum requirements • Requiring curriculum for each content area and grade level that is consistent with the state's TEKS curriculum • Ensuring rigor in the school's curriculum • Articulating to parents, students and others in the community what students should know and be able to demonstrate at each grade level • Providing professional development to teachers and others related to the state's TEKS curriculum (from resources provided by the regional ESC, the Texas Center for Reading and Language Arts, and other appropriate sources) • Ensuring student assessment measures that are aligned with the TEKS 67 Westlake Academy 5. Describe how the program will prepare students to meet state graduation requirements. All students attending Westlake Academy must complete at least 22 credits to receive a minimum high school program diploma. To receive a high school diploma, a student must complete the requirements of the minimum high school program, as specified by statutory law; the recommended high school program, or the distinguished achievement program, as well as the testing requirements for graduation. Additionally, those students electing to participate in the International Baccalaureate Program must complete the course sequence and requirements of the international program, including a 4,000 word essay, community service and foreign language. The Diploma Programme is a two-year course of study. The diploma candidate of the IB program is required to complete six subjects, each nonmally studied over the period of two years; at least three and not more than four subjects must be offered at higher level and the others at standard level. The six subjects must normally be chosen by selecting one from each of the six subject groups (First Language, Second Modem Language, Individuals and Societies, Experimental Sciences, Mathematics, and Arts and Electives). International baccalaureate diploma holders gain admission to colleges and universities throughout the world . These include wen - known European and American institutions such as Oxford , Yale and the Sorbonne, prestigious universities in Latin American and the Asia/Pacific, and more recently established centers in developing parts of the world . Formal agreements exist between the IBO and many ministries of education and private institutions. Some college and universities may offer advanced standing or course credit to students with strong IB examination results. The sequence of courses established by Westlake Academy will ensure that every student has received instruction in the areas that state law req uires to be covered in the upcoming 11 th grade exit- level test. Beginning in the 2002-2003 school year, the exit-level test will be administered in the 11th grade instead of the 10"' grade and will assess a broader range and depth of subjects . In addition to the above graduation requirements. the SBOE now mandates that students pass the 11111 grade exit-level test, along with their courses, to receive a high school diploma. If students do 00071 68 Westlake Academy not pass one or more parts of the test the first time taken, the students can take that part of the test again whenever it is given. Westlake Academy will comply with all statutory andlor regulatory authority with respect to determining that an individual student has satisfied the requirements for graduation. Such compliance includes, but is not limited to, Subchapter B issued under the Texas Education Code, §7.102, 28.002 28.023, 28.025, 28.054, and 38.003, or as these code sections may be amended in the future . 6. Describe teaching methods to be used. Tell how this pedagogy enhances student learning. Include infonnation about materials, strategies, techniques and procedures to be used to meet the needs of the student population. Westlake Academy will begin a tradition of supporting children. The programs will enable parents to become active partners and jointly responsible for the education and nurturing of their children. Parents participating with a highly qualified instructional team will work to emphasize the core curriculum to ensure each child : • Effectively applies communication and quantitative skills • Learns to set goals, solve problems, make responsible decisions, and analyze and apply results • Demonstrates the ability to access, evaluate, synthesize and present information using a variety of technologies • Exhibits a variety of critical thinking skills as they relate to current and future concerns • Demonstrates an appreciation and understanding of community service. Interdisciplinary curriculum planning and implementation will encourage students to see the relevance of and connections between content areas. Subjects are related to one another, and learning one subject implements and facilitates another. This program "g ives birth to the joy in learning" (Armstrong 1998) and awakens students' genius and individuality. The curriculum is indeed more interdisciplinary than in the' traditional school. The teaching is more collaborative. The students are served through a variety of options and alternatives rather than the traditional rigid, regimented focus of many schools. 69 Westlake Academy 7. Describe the planned assessment of individual student performance in the core academic areas. Describe the instruments to be used and instructional planning that will result from early assessment of reading in grades K-2, if . applicable. Include the process to be used to determine the baseline of achievement levels of students, the results to be achieved, and the methods of measurement to be used. Westlake Academy will utilize the following types of assessment instruments: • State Mandated Testing (TAAS, RPTE, and End of Course exams) • Curriculum Testing (based on the TEKS) • Standardized Testing (Le., SAT9) Westlake Academy will use the Texas Assessment of Academic Skills (T AAS) test and end-of-course examinations to assess individual student performance in the core academic areas. The goal of TAAS is to measure student progress toward achieving academic excellence. Its purpose is to provide an accurate measure of student achievement in the areas of reading, writing, mathematics, social studies, and science. Test results are used as a gauge for institutional accountability. Westlake Academy will use a standardized group instrument , such as the TASE , to determine baseline data and academic growth . Students will be tested upon entrance to the school and annually thereafter. The Academy will track mastery of TEKs curriculum objectives throughout the student's school career. Westlake Academy 's plan to assess individual student performance in core academic areas is based upon several guiding principles. • Assessment should serve as an ongoing guide through the process of learning not simply as a pass/fail measurement • Teachers are the managers of the assessment procedures • Assessment techniques are matched to the curriculum taught and the instructional techniques used • Assessment techniques are to be applied consistently without bias A nine-week evaluation and assessment system will be incorporated to serve multiple needs: 0007J 70 Westlake Academy • To clarify goals • To monitor progress • To support the improvemenl of teaching and learning • To inform the public • To influence education policy Student assessment is the process of measuring the exlent to which a school has improved the quality of stUdent performance . The success of charter schools will be judged primarily on their ability to demonstrate progress toward the student outcomes specified in their charters . . Westlake Academy will utilize multiple means of assessing students to ensure the most accurate evaluation. Components of authentic and performance-based assessments in combination with standardized assessments will form the basis of the assessment process. Westlake Academy recognizes that teachers are the key components in the assessment process, and it is the aim of Westlake Academy to provide the instruction team with workable tools. The baseline of student achievement will be to set standards of student performance based upon student progress throughout the year on the central concepts and skills in the curriculum . 8 . Describe the methods to be used to identify the educational strengths and needs of individual stUdents. Westlake Academy will utilize multiple methods to identify the educational strengths and needs of individual students . As previously described; assessment will be an integral part of daily classroom activities . While testing will playa key role in assessing students' performance teachers will assess growth toward achievement of goals and areas of need on a daily basis . Tools to be used will consist of multiple forms of authentic assessment. • Direct observation of performance • Directed small group activities • Student led instruction • Other embedded assessment techniques ooon 71 Westlake Academy 9. Describe how student evaluation results will be used by the school to improve Instructional programs. It is essential to use an array of different assessment tools ('multiple measures") in the evaluation process. Important questions to be considered in the selection of assessment tools are: • Are the objectives measured the truly important ones? • Is the assessment tool(s) the most efficient means of determining the achievement of the desired objectives? • What is the effect of the assessment tool(s) on its user? • What is the effect of accountability practices on the student? Additionally, Westlake Academy will offer each family the opportunity to evaluate the charter school program. These summative assessments will be used in the critical decision-making process. 10. Describe professional development opportunities that will be offered to support the mission of the school. Faculty members will be required to attend weekly professional development activities during the first year. Staff will evaluate sessions for effectiveness and applicability . Development activities will be designed to meet the needs of the staff as curriculum is developed and as additiona l skills are needed to serve the students enrolled at the new school. Program evaluation results will provide the basis for designing professional development activities for succeeding years. The budget provides for contractual resources and supplies for staff development. Westlake Academy will encourage faculty and staff members to make recommendations for future development activities. Consultants will provide initial activities in the following areas: • Developmentally appropriate practices • Learning styleslinstructional strategies + Technology and the integration into curriculum and instruction • Conflict resolution/parent conferences + Cunriculum development + Authentic assessment/portfolio development Professional development on TEKS will be provided to teachers by Region 11 Education Service Center. The Center provides workshops, consultations , and materials, and can answer facuity questions . !Hlu1.i 72 Westlake Academy Westlake Academy believes that an extensive and inclusive staff- development program must be implemented each year. Teaching strategies, collaborative teaming, and thoughtful curriculum design will be continually addressed. B. Speciat Needs Students/Programs 1. Describe in detail how your school accommodates students with SPECIAL EDUCATION needs. Address the following: Child Find As the state's educational agency, TEA is responsible for ensuring that a Free Appropriate Public Education (FAPE) is provided to all students with disabilities residing in the state of Texas and that all requirements of IDEA, Part 8 are met. pursuant to 35 CFR, §300.600. A FAPE means special education and related services that are provided at public expense under pubic supervision and which meet the state standards, which include the requirements of IDEA, Part 8; include preschool, elementary, and secondary school education; and which are provided in conformity with an individual's education plan pursuant to 20 USC, §1401 (a)(18). In general, local school districts in Texas have the direct responsibility of provid i ng F APE to students with disabilities who the schools are obligated to serve under Texas Education Code , §25/00 . TEA is responsible for ensuring that schools comply with all state and federal requ irements concerning the provision of FAPE . Within this general responsibility to assure FAPE, TEA specifically assures that each child with a disability. regardless of severity. residing within a school's jurisdiction will be identified, located, and evaluated in accordance with IDEA and its implementing regulation. To meet this responsibility, TEA requires schools to establish policies and procedures to identify, locate, and evaluate students with disabilities residing within their jurisdictions. Activities done pursuant to these polices and procedures are commonly referred to as ·child find" activities because schools actively search for students with disabilities residing within their jurisdiction . In accordance with the rules and responsibilities identified, and with any and all TEA rules and/or regulations, Westlake Academy will adopt and implement policies and practices that affinnatively seek out, identify, locate and evaluate children with disabilities enrolled in the charter school or contacting the charter school regarding enrollment. 73 Westlake Academy Confidentiality Westlake Academy will adhere to all state confidentiality requirements, including, but not limited to, the following: Student Records -student records are confidential and protected from unauthorized inspection or use. A cumulative record will be maintained for each student beginning when he/she enters the school until the student withdraws. By law, both parents, whether married, separated, or divorced, have access to the records of a student who is under 18 or a dependent for tax purposes. A parent whose rights have been legally terminated will be denied access to the records if the school is provided a copy of the court order terminating these rights. Parents of a student who is a minor, or of a student who is a dependent for tax purposes, and school officials with legitimate education interests are the only persons who have general access to a student's records. "School officials with legitimate educational interests" include any employee, agent, or Trustee of the charter school, or cooperative of which the charter school is a member, or facilities with which the charter schoo l contracts for the placement of students with disabilities. Parents of minor students enrolled in Westlake Academy may inspect their student's records and request a correc;tion if the records are inaccurate, misleading, or otherwise in v iolation of the student's privacy or other rights . If the school refuses the request to amend the records, the requestor has the right to a hearing . Although improperly recorded, grades may be challenged; parents and the students are not allowed to contest a student's grade in a course through this process. Parents or the student has the right to file a compliant with the U. S. Department of Education if they believe the school is not in compliance with the law regarding student records. The school will maintain a record of disclosure of personally identifiable information and make this available for the parent's inspection. Some items of information are directory in nature and may be released to anyone, without consent, unless the parent objects to its release in writing within ten (10) school days after the issuance of such notice. With respect to special education students, the ability to share information between parties involved in special education services and local education agencies (LEA'S) is 000'77 74 Westlake Academy vitally important to improve efficiency and to minimize duplication of efforts. To accomplish this sharing, the proposed school campuses will develop and use a standard consent form. Procedural safeguards Westlake Academy's Handbook of Policies and Procedures (to be developed) will fully address procedural safeguards for students, parents, and all other school stakeholders. Westlake Academy will adhere to all required procedural safeguards required by the state including, but not limited to, those described below: In accordance with the requirements of 34 Code of Federal Regulations (CFR), §300.504 and §30.505, the school will give a written notice that includes a full explanation of all procedural safeguards to the parents a reasonable time before the school conducts an assessment for special education services. The Explanation of Rights and Procedural Safeguards of a Parent with a Child with Disabilities in School will be provided to each parent explaining the rights as outlined in federal and state law. Certified staff will review this document with parents and additional information will be made available upon request in the parents' native language in writing or throug h an interpreter. Westlake Academy will provide information for parents for the following purposes: • Upon initial referral for evaluation • Upon each notification of an admission, review, and dismissal committee (ARD) • Upon each reevaluation • Upon a school district's request for a "due process hearing" about their child • When any information that specifically identifies the student is no longer needed Notice of Admission, Review and Dismissal (ARD) Committee Meetings Parentsllegal guardians will be given notice of any and all ARD meetings early enough to ensure that they will have the 0007d 75 Westlake Academy opportunity to attend. Unless the parentllegal guardian agrees otherwise, at least ten days notice will be given. Assessment of children to determine eligibility Students with disabilities are students with educational disabilities (physical disability, mental retardation, emotional disturbance, leaming disability, speech impairment, autism, traumatic brain injury, deaflblind, or multiple disabilnies); and students with an auditory impairment or visual impairment, whose disabilities are so limiting as to ensure the provisions of special services in place of, or in addition to, instruction in the regular classroom. To be eligible to receive special education services, a student must have been determined to have one or more of the areas of disabilities listed in the federal regulation or in state law or in both. Specified criteria in the state and federal regulations will be used in determining whether a student's conditions meet the eligibility requirements . When a student is suspected of having a disability, the assessment process will be initiated . Written notice and consent must be given and received. An evaluation by qualified personnel will then be conducted. If indicated , a comprehensive individu'al assessment will be performed . Once eligibility has been determined, the parents and/or adult student will be invited to participate in an ARD meeting to review the results and 10 develop an Individual Education Plan. Development and Implementation of the Individual Education Plan (lEP) Westlake Academy will use the following guidelines for development and implementation of a student's IEP: Timeline The Comprehensive Individual Assessment and a written report will be formulated within 60 calendar days of the date of the initiation of the referral to special education. The ARD committee shall make its decision regarding students referred for the first time within 30 calendar days from the date of the Westlake Academy completion of the written assessment report. If the 30th day occurs during the summer when school is not in session, the ARC committee shall have until the first day of classes in the fall to have made the IEP decisions and the placement, unless the assessment indicated the student will need extended year services during the summer. For students already placed in special education, the ARD committee shall meet at least annually to review each student's program and recommend appropriate services based upon the student's individual needs, documented in a newly developed IEP. The committee must meet within the same month, or prior to the month, in which the previous annual ARC meeting was held. Function The ARD committee shall perform the following functions: • Review all data from the comprehensive assessment, including information from parents, school personnel, or other sources • Ensure that national origin minority students (or linguistically different students) are not assigned to special education on the basis of criteria, which were developed solely based on command of the English language • Ensure that students are not placed in special education if the only deficiencies identified are directly attributable to a different cultural lifestyle or to not having the adequate educational opportunities • Establish the eligibility for special education services • Identify the content areas in which the student's disability significantly interferes with the student's ability to meet regular academic mastery level standards (determine educational needs) Documentation Each IEP must include: • Information, in addition to the requirements of 34 Code of Federal Regulations (CFR), §300.346, and Part 300, Appendix C, including (1) information to allow for determining the student's eligibility for participation in extracurricular activities; and (2) a statement addressing nonexemption, 00080 77 Westlake Academy modification/accommodation, or exemption from some or all of the basic skills assessment instruments, as appropriate • Modifications/accommodations of regular classroom procedures which are provided for students by the charter school as specified in the student's I EP will be provided during the testing process and goals and objectives will be specified if extended year services are included in the IEP • For students with visual impairments, the IEP will also meet the requirements of TEe, §30.002 (e) Least restrictive environment (LRE) placement In providing programs, services, and activities, Westlake Academy will first use those resources made available to all students. When appropriate, students receiving special education services shall: • Remain in the general education program with special education support services, supplementary aids, or other special arrangements, if needed • Be educated to the maximum extent appropriate with students who are not receiving special education services • Be provided opportunities to participate in school activities on the same basis as students who are not receiving special education services • Be offered an opportunity for interaction on a regula r basis with students who are not receiving speCial education services Transition planning The ARD comrr.ittee has the authority to dismiss students from special education services when the ARD committee agrees that there is not longer an educational need for the services. No student can be dismissed from special education without assessment that supports the decision to dismiss. If parents request dismissal based on the fact that they are providing the needed services privately, update assessment, document request, update the IEP if needed, and make a statement that the district is prepared to provide FAPE. State that the parent is choosing dismissal. The student can re-enter the special education program as long as the eligibility data is current. If data is more than one year old, updated assessment may be required Westlake Academy • All dismissals from services/programs should be documented on the ARD report • In addition,. ARD may recommend movement to less restrictive arrangements: • lMlen such movement changes the instructional arrangement, the Notice of Change of Placement should be sent to the parent, unless the parent is in attendance at the ARD, where full notice has been discussed • When a more restrictive placement is considered, the ARD committee shall ensure that current assessment is completed and carefully reviewed • The ARD committee must document reasons for any change in placement or services • Graduation also constitutes change in placement and Notice should be sent, if parent is not in attendance at the ARD • The ARD · committee shall dismiss students from homebound services. A doctor's release statement is necessary for the student to return to school. Certified personnel for the provision of services to children with special needs All special education personnel shall be certified, endorsed, or licensed in the area or areas of assignment in accordance with provisions relating to teacher certification . If a staff member does have the skills and knowledge needed for the assignment, Westlake Academy will make provisions for the person to acquire the necessary skills and knowledge. Services to expelled students The principal or designee is responsible for tracking the number of days of emergency removal, suspension, or in-school suspension for the purpose of ARD action within the required number of days . Updated records on discipline reports for special education student shall be kept. These records will include: • The infraction • The consequence • The number of days out of placement 79 Westlake Academy Short-term removals totaling less than 10 days in a school year do not result in a change of placement and an ARD is not required . Short-term removals totaling more than 10 days in a school year requires the following: • ARD meeting is convened not later than 10 school days after the student is first removed for more than 20-days in a school year (or when the 11th day is assigned). • ARD committee conducts/plans a functional behavior assessment (FBA) and, as soon as possible after the FBA is completed, develops a behavior intervention plan (BIP) to address the necessary behavior(s), if the FBA and SIP are not already in place • If the student currently has a BIP, and ARD committee meets to review it and its implementation • If subsequent short-term removals occur (after the first 10 day removal during the school year), members of the ARD committee review the BIP and its implementation to determine if modifications are necessary • If one or more members of the ARD committee believe that modifications are needed, an ARD meeting is held to modify the BIP and its implementation • For any days of removal of a student for more than 10 days in a school year, the student is provided with the necessary services to progress appropriately in the general curriculum and toward achieving his/her IEP goals. • When expelling a student, the Notice of Change of Placement form (to comply with procedural safeguards required in federal law) will be sent to the parents • If the current IEP cannot be implemented while the student is on expUlsion, then the IEP should be revised during this time in such a manner that it can be implemented. Whenever possible, the IEP that was in place should be implemented. Document justification for any change in the IEP is required. 2. Describe how your school meets the needs of children who qualify for other federal programs such as: 1. Title I Part A -Improving Basic Programs Operated by Local Education Agencies Title I Part C -Migrant Education Title I Part D, Subpart 2 -Local Agency Programs for Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent. or At-Risk of Dropping Out 00083 80 Westlake Academy Title II Part B -Dwight D. Eisenhower Professional Development Program Title IV -Safe and Drug-Free Schools and Communities Program Title VI -Innovative Education Program Strategies Title VI Class-Size Reduction Program Section 504 Westlake Academy will conduct a needs assessment and develop a plan for the consolidated use of both state and federal funds. Such a plan shall be determined in consultation with a task force, including, but not limited to, parents of participants, teachers, the Principal or other administrators, and community members. The plan shall include: • How students shall be identified • Planned services and activities • A plan for aAnual evaluation (performance objectives) • Record-keeping procedure The Board will adopt a comprehensive plan that utilizes all available resources to provide programs that utilize skills and knowledge and promotes academic achievement. Title I Part A In compliance with Title 1 Part A regulation, the school shall convene an annual public meeting for parents of children eligible for Title 1 Part A assistance. Service will be provided through the basic education program and will be supplemental to the basic services provided by the Foundation School funding. Supplemental services may include 'additional parent training, after school enrichment activities, supplementalleaming materials, technology enrichment, etc. Title I Part C -Migrant Education Program This area of focus for the Migrant Education Program (MEP) seeks to ensure that migrant students and their families have their needs for educational and support services met, and are able to access all services for which they are eligible from entry in the MEP's early childhood program for three year olds through transition into post secondary education or employment. When migrant students are identified, Westlake Academy will utilize the Internet-based new Generation System (NGS), which is an 81 Westlake Academy innovative data transfer system. NGS communicates educational and health data on migrant students to educators throughout the nation. The NGS system will enhance the process of educating migrant students as well as be an interstate information netwof1( for Migrant Education. Title I Part 0 Westlake Academy does not anticipate being eligible for funding under Title I Part D. Titles II, IV, and VI Westlake Academy will enter into shared service agreements (SSA) with the Region Service Center during the first year for Titles II , IV, and VI. Title VI (Classroom Reduction) will be examined at the end of the first year to determine if there is a need for this funding . At the conclusion of the first year, services provided by the ESC will be evaluated to determine impact of the program.. If positive results are indicated, then Westlake Academy will continue to contract with the ESC for their services . Section 504 Any student who has a physical or mental impairment that substantially limits one or more major life activities will be evaluated for placement in this program . An IEP will be formulated for Section 504 student. 3. Describe how your school meets the needs of children who qualify for other state programs such as: Bilingual/English as a Second Language (ESL), State Compensatory Education, Dyslexia, and Gifted and Talented. Bilingual/English as a Second Language (ESL) Students If a student indicates a home language other than English, the school will ad minister a mastery test to assure that the student can comprehend the material in the educational programs . An interpreter will be available to school staff to interpret ARO's testing and translate forms for parents . (1:1085 82 Westlake Academy To be prepared to effectively and fully implement the ESL program, Westlake Academy will initiate the follOWing process to insure compliance: • Review all permanent record folders for students to ensure that each folder contains a signed and dated home language survey • Join the ESUBilingual Co-op offered by the Region Service Center • Send a faculty member to training offered by the Region Service Center relating to administering the oral languagelwriting proficiency test • Meet with the BilinguaVESL Co-op to design intervention services for the students identified on the survey until certification and test protocols can be obtained • Design an individual learning prescription to accommodate the education needs of LEP students State Compensatory Education State Compensatory Education as defined in Section 42 .152 (c) is a program designed to improve and enhance the regular education program for students in at-risk situations. The purpose of state compensatory education is to increase the achievement and reduce the dropout rate of identified students in at-risk situatio ns . In accordance with the requirement of the TEC § 11 .252 , Westlake Academy will develop a school improvement plan. This plan will identify measurable school performance objectives for all student populations, strategies to improve student performance, recourse allocations, staff responsible for ensuring the accomplishment of each strategy, timelines for ongoing monitoring of the implementation of each strategy and the formative evaluation criteria for determining periodically whether strategies are resulting in the intended student performance . Dvslexia Westlake Academy will have procedures for identifying a student w ith dyslexia or a related disorder. Procedures will be implemented in accord with the SBOE approved strategies for screening and techniques for treating dyslexia and related disorders described in "Procedures Concerning Dyslexia and Related Disorder: a set of flexible guidelines available to local schools . Screening for dyslexia students will only be accomplished by 00086 83 Westlake Academy individuals/professional who are trained to assess students for dyslexia and related disorders. Westlake Academy will either purchase a reading program or develop its own reading program for students with dyslexia and related disorders. Teachers who screen and treat these students will be trained in instructional strategies that utilize individualized, intensive, multi-sensor, phonetic methods and a variety of writing and spelling components. Gifted and Talented Westlake Academy will develop written policies on student identification of gifted and talented and such policies will be disseminated to parents. The policies will include: • Provisions for ongoing screening and selection of students who perform or show potential for performing at a remarkably high level of accomplishment in the areas defined in the TEC §29.121 • Assessment measures collected from multiple sources according to each area defined in the Texas State Plan for the Education of GiftedfTalented Students • Data and procedures designed to ensure that students from all populations enrolled in the school have access to assessment and, if identified, services for the gifted/talented program • Provisions for final selection of students to be made by a committee of at least three educators from the propcsed school who have received training in the nature of need of gifted students • Provisions regarding furloughs, reassessment, exiting of students from program services, transfer students, and appeals of the school's decisions regarding program placement. 4. Describe how your school identifies and provides educational support for students who are identified as being "at risk of dropping out of school" as defined in TEe §29.081(d) (see Appendix 1). Westlake Academy will conduct a folder review at the beginning of the school year to determine eligibility for this program based on the factors identified in TEC §29.081 . To address the needs of students in at-risk situations that may lead to education failure, Westlake Academy will: 84 Westlake Academy • Implement strategies, including ongoing teacher and staff development and development of appropriately rigorous curriculum, that will help raise expectations for all students • Provide students and their parents or guardians with early information about college opinions, required courses, and financial aid • Provide students and their parents or guardians with information and other age-appropriate services to increase early career awareness • Promote strategies, including how to help with homework, that increase parental involvement in preparing students to succeed in the middle and high school years • Promote strategies that increase parental knowledge and involvement in their student's career choice and preparations. • Ensure that all students have access to rigorous academic course work that meets state standards • Promote equal access to education and educational excellence through concerted partnership efforts on behalf of low-income students • Provide intensive, individualized and coordinated support to students that include mentoring, counseling, and tutoring • Establish strong partnerships that involve long-term commitment and a meaningful role for each partner in improving student readiness for career training or post-secondary education • Identify and implement effective practices that include careful evaluation to enable continuous improvement in students' academic and non-academic performance • Ascertain and document the appropriate documentation needed to identify an abused student and report possible child abuse (sexual, physical, or psychological abuse) to the appropriate agency according to Texas law. 5. Describe the programs offered for the charter school to support other student activities (athletics. publications, clubs, and organizations). Describe whether any agreements have been entered into or plans developed with other public or private agencies for the provision of student activities. Westlake Academy believes that extra-curricular programs are an integral part of a well-rounded education. Students will be given numerous opportunities in which to showcase their abilities in extracurricular activities. An extracurricular activity is defined as an activity sponsored by the University Interscholastic League (Ull), the Westlake Academy Board, or an organization sanctioned by resolution of the Westlake Board. 8S Westlake Academy Parents and students will be provided opportunities to offer input as to the most desired programs. Activities will range from fine arts (orchestra, chorus, drama, visual arts), athletics (golf, tennis, volleyball, track and field), and clubs (math and science, language, chess, journalism, and technology). C. Admissions Policy 1. Describe the timeline used for admitting students, including the process for the admission lottery for students. Westlake Academy will admit students regardless of sex, national origin, ethnicity, religion, disability, academic or athletic ability, or the district the child would otherwise attend in accordance with TEA regulations . Appropriate accommodations for students with special needs will be made. Westlake Academy will comply with the individuals with Disabilities Education Act (IDEA) and related regulations and legislation. Westlake Academy will utilize a "first come, first served " enrollment policy. Upon being granted the charter, public meetings will be held to inform parents of the school choice. Availability of application packets will be disseminated via area newspapers, cable, TV., fliers, and word of mouth. Once the student application is completed, it will be returned to Westlake Academy via U. S. mail along with required documentation: • Birth certificate • Social security card • Most recent report card • Up-to-date Immunization record • TAAS or standardized tests results • Essay or portfolio The application is numbered and parents are notified to set up a Pre- Admission conference. After the Pre-Admission conference is conducted, the parents are asked to sign a letter of intent for the student to attend Westlake Academy. Finally, the parents are notified of student's enrollment status . Through the interview process, Westlake Academy will ensure that all families are aware of the school's policies, procedures, and philosophies regarding student achievement and school govemance before 00089 86 Westlake Academy enrollment occurs. To assist the families, parents will be provided information regarding transferring their student(s) into Westlake Academy. All potential students in the identified geographical boundaries will be accepted into the school once the interviewing process has been completed and th~ commitment forms have been signed. Siblings of Westlake Academy students will receive first priority in the year of their initial application. All non-geographical, out-of-boundary, qualified applications after the interview process, will be given a waiting list number to ensure the "first come" is the "first served .· Westlake Academy will exclude from admission any student who has a documented history of criminal offense, juvenile court adjudication, or discipline problems under TEC, Chapter 37, Subchapter A. 2. Explain how these policies further the mission of the school in a non-discriminatory fashion. Westlake Academy is committed to ensuring equity in education and obtaining and maintaining a diversified student and staff population . Westlake Academy's mission is based upon helping children reach their fullest potentials while enhancing the international climate of the entire community. These admissions policies are student-centered with the aim of reaching more children in need of this unique program regardless of their background: • The policy offering services on a "first come, first served" basis serves Westlake Academy's mission of equally respecting the rights of all people in its service area • The policy of offering a lottery system once the school has reached its capacity, likewise , serves the mission of respecting and treating people fairly and opening the school to students from diverse family circumstances • The policy of excluding students who have a documented history of criminal offense, juvenile court adjudication, or discipline problems supports the school'S mission of expecting all students to follow school behavioral guidelines . 0003.) 87 Westlake Academy XIII. Governance Structures and Processes (Scored by Review Committee) A. What steps will be taken to maintain continuity between the founding coalition's vision and future governing boards? Due to the fact that the founding coalition will be the future goveming board, maintaining continuity of the founder's vision will not be an issue. The Board of Director's terms of offICe are staggered which will ensure that the new community leaders will be able to contribute and that there will a continuity of the founding coalition's vision as described in the application . To ensure consistency the Northwest Regional Educational Laboratory suggested the following guidelines: Roles and Responsibilities of the Board • Determine and uphold the school's mission and vision • Select the Executive Director • Support the Director and review his or her performance • Ensure effective organizational planning • Ensure adequate resources • Manage resources effectively • Determine and monitor the organization's programs and services • Enhance the organization's pub li c image • Serve as a court of appeals • Assess its own performance and recruit new members Traits and characteristics of a good board member • A board member should have three of these in any combination: • Industry-willingness to commit the time and energy to the work that needs to be done • Intellect -intelligent people who understand education, including the "big picture' of education • Expertise -individuals with experience in real estate, law, or other skilled practitioners • Affluence -individuals or corporations can contribute funds as well as in-kind donations (NOTE: This characteristic alone is no reason to include someone on the board) • Influence -political, social, economic • Leadership -proven skills in more than one setting • Time -available time and willingness to commit that time to the board OfHiS'l 88 Westlake Academy B. Describe the roles and responsibilities of the board(s). If the governance structure includes more than one board, e.g., a school board that is separate from the board of the sponsoring entity, articulate the responsibilities assigned to each of the boards. Remain cognizant of the fact, that the sponsoring entity is ultimately responsible for the school's compliance with the charter. The Board of Trustees is aware that upon granting of the charter that they will be responsible for setting school policy, ensuring that the mission of the school is upheld and governing the school in accordance with its bylaws, charter, and state and federal statutes. The Board will immediately establish and appoint the following committees to effectively address charter school related issues: • School district and Regional Service Center Relations • Curriculum • Public information The central theme of governance will be based on the Accelerated School Model where parents, learners, community members, and Board Members, along with the school staff, have decision-making power in the learning activit ies, management and governance of the school. This governance/organizational reform model was developed by Dr. Henry M. Levin, of Cornell University. T he most powerful aspect of the Accelerated . School Model as a governi ng Model is that of shared decision·making with all stakeholders. C. Describe the procedures for receiving and responding to complaints from both parents and employees. The policies will be provided in both the Student and Faculty/Staff Handbook. Parents If a parent has a complaint about an incident in the classroom, he/she should first attempt to resolve the situation by speaking with the teacher. If an amicable resolution cannot be reached, the parent should set an appointment to speak with the Principal. If satisfaction is still not achieved, the parent may set a meeting with the Director. The next level of complaint resolution is to present the situation to the Board of Trustees at the next regularly scheduled meeting and request action. If the parent is still not satisfied, he/she may contact the Charter Schools Division olthe Texas Education Agency and/or the State Board of Education. 30(192 89 Westlake Academy Employee If an employee has a complaint about anything occurring at the school or regarding hislher employment, he/she should first appeal to resolve the situation by speaking with the Principal. If satisfaction is not achieved, the employee may set a meeting with the Director. The next level for complaint resolution is to present the situation to the Board of Trustees at the next regularly scheduled meeting and request action. If the employee is still not satisfied, he/she may contact the Charter Schools Division of the Texas Education Agency andlor the State Board of Education. D. What steps will be taken to facilitate a productive relationship between administrators and teachers? Westlake Academy will be committed to providing a pleasant and safe work environment. Salaries will be paid commensurate with the related responsibilities. Westlake Academy will provide teachers/staff with clear and exact job descriptions, which specify job requirements. Teachers will be advised periodically as to their level of performance and developmental needs. Opportunities for in-service and other training will be provided to encourage professional growth. The administration will invite all staff members to report and discuss potential work-related problems, ideas, and improvement, and any actions contrary to policy of a regular basis through the use of formal and informal staff meetings. lines of two-way communication will remain open at all times. Bi-monthly faculty meetings and weekly updates will ensure thaI each employee is a valuable and integral part of the school. The leadership style will be one conducive to collaboration between all stakeholders at Westlake Academy. Creative, out-of-the-box thinking will be encouraged. A recognition program to promote facilitation of ideas will be implemented. E. Discuss the nature of parental and student involvement in decision- making matters. The govemance structure of Westlake Academy will consist of the Board of Directors. The Board will provide guidance on management and on the integrity of the educational programs consistent with Westlake Academy's vision and goals. The president and vice-president of the Parents Club will serve as advisory members of the Board of Directors. These individuals. who will be elected by their peers. will represent the families' interest. The Parent 30093 90 Westlake Academy Club officers will be responsible for bringing to the Board's attention those issues, concerns and questions expressed by the parent/student community related to the instruction and education of their children. Westlake Academy will provide parents and students with the opportunity to be active members in the decision-making process. The Parent Club will avail families with the opportunity to participate, and the Student Council will provide the same for students of all grade levels. A campus leadership team will also be implemented . The team will consist of: • Three faculty representatives -one from the elementary school, one from the middle school, and one from the high school • Three parent representatives -one from the elementary school, one from the middle school, and one from the high school • Three students -one from the elementary school, one from the middle school , and one from the high school • Two community representatives • The leadership team meeting will be attended by the Principal and Executive Director F. Specify the extent to which any private entity will be involved i n the operation of your charter school. Identify any members of the governing board or officers of the charter school who are affiliated with the entity. There are no private entities involved in the operation of Westlake Academy. Oflu54 91 Attachments tHi095 I Attachment 1 501 C 3 As a governmental entity a document of instrumentality will be utilized. Correspondence from Mary Perry, of the TEA Charter School Division, verifies the use of such instrumentality. The Town of Westlake's resolution authorizing such instrumentality is included. 0.. , Diann Rozell· RE: Charter application From: To: 0 .. : Subject: "Peny, Mary" <Hi'erry@tea.stllte.tx.us> ·'DiaM RozeII'" <RczeIlOalefs.c:oe.unt.edu> 02/05/2001 7:50 AM RE: Charter a!)plication fdIow1og litho responoe Ihot 1 ..-t""" Cl_ Moody, TEA __ (512'463-9720) -.t your InItIo'QU.-.- Page 1 of "In ncr. ' .. 16M With lItterS rJ Instn.mentiIlity. but t assume rrom tnt cIc:5cripaOIl tNt they Ire whit m.JnldPlllt1e5 use ID document D'lit Ihl'y 1ft tIX-t:X8TIIlllS .............. ' .... " .... Stoll. ,_ dO'" _. tIIot """'''11 ,"01 .... 00<1 <II • 501«)(3) IS. prab1ern; _men .. ' ""' ...... one" lhelypeS" ...-eIigIIlIo 110 be dlilW __ 12.101. Vou"N ItghIINt rnu<II <1_ 1 <II'" IPIlIIcotIon ("!Y1donce <I t4ig1bIlIy <I """,soling ~) IS prom'" ...... <lei <I. ncn_ CX>l>OIIlIon. "" 1 ...,. _ • """"'P*Y """'" juS ""'" '" ___ ames _ 10 ... _. ,.. __ "''' mull """" by-_ at ,."". oq_ dcaIII!trt ___ tho ckOIes <I ... """", _ I>nd tI\ey COUld p_ bIogAphQI_ <I ... __ They -*' not ... ,ty ....... aodt __ "' ...... IRS fIInO. --Qriqlnal Message From: Diann Rozell [ma11to:RozeIl0cDefs.c:oe.unt.edu] Sent: Friday, February 02, 20011:53 PM To: mperryCtmail.teiI.state.tx.U5 SUbject: O\arter application Miry. 1 never hetId b.oc. from yw rx .' rt9I~ the: SOlc3 • but an ID ather ~rus 0'( the appIiCJitlon. SInce the Genemton II~ ~ molt spec:tr1C. In rtprOl .., .tud'lmentS. 1m t to beItevt th.it letters Of rec:ommendlticrt Ire nat to be 1nd&.I0td'? ThInks lot your ,_ "..". file: IIC:\ WINOQWS\TEMP\GW"}00017 .HTM 02/0S/2001~-;Z TOWN OF WES11..AKE RESOLUTION NO. 01-05 A RESOLUTION ORDERING TIlE CREATION OF A NONPROFIT CORPORATION PURSUANT TO THE TEXAS NON·PROFIT CORPORATION ACT, APPROVING ARTICLES OF INCORPORATION AND BYLAWS FOR, AND APPOINTING THE INITIAL DIRECTORS OF, THE CORPORATION, APPOINTING CERTAIN CONSULTANTS, AND RESOLVING RELATED MAnERS WHEREAS, this Board of Aldennen (the "Boardj, as the governing body of the Town of Westlake, Texas (the "Town"), hereby fmd that it is in the public interest that a non-profit corporation (the "Corporation") be created under the Texas Non-Profit Corporation Act (the" Act'') to act on behalf of the Town as its duly constituted authoriry and instrumentaliry, within the meaning of the Internal Revenue Code of 1986, as amended, for the purpose of providing educational services and facilities; WHEREAS, the Act empowers, among other things, the Corporation to acquire a charter, pursuant to Chapter 12, Subchapter D of the Education Code (the "Education Code"), provide education services, and acquire, fmance, and operate educational facilities and facilities related thereto, as contemplated by the Education Code andlor other law; WHEREAS, it is the intent of this Board that the Corporation shall have all powers authorized under the Act and other law to enable it to apply for and obtain a charter under the Education Code and provide education services and acquire, finance, and operate educational facilities and facilities related thereto, as contemplated by the Education Code, the Act, andlor other laW; WHEREAS, the Act authorizes the Corporation to issue revenue bonds ("Bonds") andlor to enter into other obligations ("Obligations") that, among other things, will facilitate providing education services and facilities and facilities related thereto; WHEREAS, no Bonds or Obligations of the Corporation will constitute obligations (whether special, general, or moral) of the Town; WHEREAS, the Act provides that the directors of the Corporation are to be . appointed by the Board; WHEREAS, the Articles of Incorporation (the w Articles") of the Corporation shall provide that no modification of the Articles or the Bylaws (the "Bylaws") of the Corporation shall take effect unless approved by this Board; WHEREAS, this Board intends, by the adoption of this Resolution, to take all action necessary to order the creation of the Corporation with all of the corporate powers and authority grmted under the Act and other law; WHEREAS, the meeting at which this Resolution has been considered was open to the public 8S rccjuircd by law, and public notice of the time, place, and subject of the meeting has been given in accordance with Chapter 551, Government Code; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECllON I. The findings and declarations contained in the preamble of this Resolution are hereby incorporated as part of this Resolution. SECllON 2. This Board hereby fmds and determines that it is in the best interest of the Town 8Ild its inhabitants that the Corporation, to be named as specified in the articles, be created pursuant to the Act to act on behalf of the Town as its duly constituted authority and instrumentality for the purposes and with the powers and authority prescribed by the Act and other law. SECTION 3. 1bis Board hereby orders the creation of the Corporation and approves the Anicles in substantially the form attached to this Resolution as an exhibit, and hereby authoriZes the incorporators of the Corporation (as identified in such Anieles) to file the Anieles with the Secretary of State in accordance with law. In the event that the name for the Corporation specified in the Articles is not available, the incorporators are hereby authorized to change the Corporation's name in the Articles without the further approval of the Town. SECTION 4. This Board hereby appoints the persons identified in the Articles to serve as the initial Board of Directors of the Corporation. SECTION 5: This Board hereby approves the initial Bylaws of the Corporation in substantially the form attaChed to this Resolution as Exhibit A. SECTION 6: It is intended that the Corporation be a duly constiruted authority and instrumentality of the Town within the meaning ofreguJations andlor revenue rulings of the Treasury Department andlor the Internal Revenue Service of the United States promulgated under Section 1 15 of the Internal Revenue Code of 1986. SECTION 7: With respect to the Town and its instrumentalities, the Board of Aldermen hereby appoints Larry Williamson as fmancial advisor, Thomas Allen Moon as fmance counsel, and lenkens & Gilchrist, P.C. as special finance counsel. SECTION 8: That this Resolution shall become effective upon the date of its passage. PASSED. AND APPROVED ON TInS 12111 DAY OF FEBRUARY. 200 I. ArrEST: diIli Crosswy. i>Wn Secretary APPROVED AS TO F~ ... ~ TOWN OF WESTI..AKE RESOLUTION NO. 01-06 A RESOLunON ORDERING THE CREATION OF A NONPROFIT CORPORATION PURSUANT TO THE TEXAS NON-PROFIT CORPORATION ACT, APPROVING ARTICLES OF INCORPORATION AND BYLAWS FOR, AND APPOINTING THE INITIAL DIRECTORS OF,THE CORPORATION, APPOINTING CERTAIN CONSULTANTS, AND RESOLVING RELATED MATTERS WHEREAS, this Board of Aldermen (the "Board"), as the governing body of the Town of Westlake, Texas (the "Town"), hereby fmd that it is in the public interest that a non-profit cOlJloration (the "ColJlOration") be created under the Texas Non-Profn COlJlOration Act (the" Act") to act on behalf of the Town as its duly constituted authority and instrwnentality, within the meaning of the Internal Revenue Code of 1986, as amended,· for the PUlJlOsc of providing civic facilities; WHEREAS, the Act empowers, among other things, the COlJlOration to acquire, fInance, operate, and lease facilities ("Civic Facilities") that will conttibute to the economic development, civic improvement, and educational, cultural, and recreational enhancement of the Town; WHEREAS, it is the intent of this Board that the Corporation shall have all powers authorized under the Act and other law to enable it to acquire, finance, operate, and lease Civic Facilities; WHEREAS, the Act authorizes the COlJlOration to issue revenue bonds' ("Bonds") and/or to enter into other obligations ("Obligations") that, among other things, will facilitate providing Civic Facilities; WHEREAS, no Bonds or Obligations of the COlJlOration will constitute obligations (whether special, general, or moral) of the Town. WHEREAS, the Act provides that the directors of the COlJlOration are to be appointed by the Board; WHEREAS, the Articles of Incorporation (the" Articles") of the COlJlOration shall provide that no modification of the Articles or the Bylaws (the "Bylaws") of the COlJloration shall take effect unless approved by this Board; WHEREAS,' this Board intends, by the adoption of this Resolution, to take all action necessary to order the creation of the COlJlOration with all of the corporate powers and authority granted under the Act and other law; WHEREAS, the meeting at which this Resolution bas been considered was 00101 open to the public as required by law, and public notice of the time, place, and subject of the meeting has been given in accordance with Chapter 55 I, Government Code; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION' J. The findings and declarations contained in the preamble of this Resolution are hereby incorpOrated as part of this Resolution. SECTION 2. This Board hereby finds and detennines that it is in the best interest of the TOm! and its inhabitants that the Corporation, to be named as specified in the Articles, be created pursuant to the Act to act on behalf of the Town as its duly constituted authority and instrumentality for the purposes and with the powers and authority prescribed by the Act and other law. . . SECTION 3. This Board hereby orders the creation of the Corporation and approves the Articles in substantially the form attached to this Resolution as an exhibit, and hereby authorizes the incorporators of the Corporation (as identified in such Articles) to file the Articles with the Secretary of State in accordance with law. In the event that the name for the Corporation specified in the Articles is not available, the incorporators are hereby authorized to cbange the Corporation's name in the Articles without the further approval of the Town. SECTION 4. This Board hereby appoints the persons identified in the Articles to serve as the initial Board of Directors of the Corporation. . SECTION 5: This Board hereby approves the initial Bylaws of the Corporation in substantially the form attached to this Resolution as Exhibit A. SECTION 6: It is in!ended that the Corporation be a duly constituted authority and instrumentality of the Town within the meaning of regulations andlor revenue rulings of the Treasury Department andlor the Internal Revenue Service of the United States promulgated under Section II S of the Internal Revenue Code of 1986. SECTION 7: With respect to the Town and its instnunentalities, the Board of Aldermen hereby appoints Larry Williamson as flDanciai advisor, Thomas Allen Moon as fmance counsel, and lenkens & Gilchrist, P .C. as special fmance counsel. SECTION 8: That this Resolution shall become effective upon the date of its passage. PASSED AND APPROVED ON THIS 12 TIl DAY OF FEBRUARY, 2001 . OGI02 ArrEST: ~'~~secreUry APPROVED AS TO F~ ... L L. 3lHOJ Attachment 2 Articles of Incorporation O{}l04 ~·5 EXHIBIT uA" December 13. 1 ~56 FlELO NOTES OF PROPOSED INCOllPOltATION OF THE TOWN OF WESTLAKE IN TARRANT AND DENTON COUNTIES. TEXAS Tract No. 1 1.99 Squ ... Mil .. Situ-ated in the Countlel 01 TarrAnt and De.nlon, Sta.tc ·ol Tc.xae. beina A tract of land out 01 the Iollowinl: Survey.: J. Eadl A.392. R. Eadl A .. 39l. J. Ciibeon .10-493 . J. Buon A-IS6S. J . Sutton A-I1S~. C. Medlin A-eZ3, W. H . Pea A-IHS. ,." h ..< C Ja Hot'lJ'yA·S28, W. ~,dl1nA-19S8.l-trl,.··oIC."~. T l'"oopA;151~. Hrla 01 • Dart A-lOOl. W. H . MArtin A ... 1068. M. Hu.nt A-r.;6. Cia B. Hendrlck. A-680, J ... eJOiboon A-59Z, Wm. Hid! A-648~ BECINN[NCr in Den.ton County at the intereection of the ""'ell line of R. Ea.de Survey A-393 with the eoulh line 01 CAllal Street.,.(a-,treet lC3.\rinl the town 01 Roanokel UI.id. point beinS the mOlt northerly northweat corner ot the herein deecl"ibed tracti THENCE ealt following alo~& the louth line of Dalla. Street croBGirtg St.ta: HighWAY No. J 14 at 1100' and continulng: on a dietanet or ~n2.5· to a point (or corner in the J. Sutton Survey A_llS4: THENCE north and croD8in, CQunty R.oOl-d a tilt.ance 01700 {oet t9 a point for corner ill the J. :Ea..da SU1'vey A.392; THENCE ca.-et 660 feet to .. point lor corne~ ill the ea.at line 01 nid Ea.dl SUl'"veYi THENCE aouth with the eaet Jlno 01 Eacb Survey alnd the J. Sutton Surv~y A-1154 a diatilncc 01 1bOO leet to l point for cornCl'"j THENCE louthenatcrly .nd At all timel 600 leet lrom :lncI paTilollcl to the northcAU line of StAte Highway No. 1"14 to. poJnt iot cornel' In the ea.t l ine DC the J. Glenn Turner 119.18 aerc . tract .in t h, C . Medlin Survey: THENCE soutb with laid Turne r 'l ealt Hne 420 foet to ptJint ror corne!". THENCE eouthcOllterly .nd .11 time I 2.00 leet hom and parallel to the northeilet line a dilt.nee o( 2600 leet to • point for corner hi the e •• t line of the: Irene Nelbitt .. acre tract in the W. H. Pea Survey A·114S,; THENCE Gouthweaterly with l:Lid Ne.bLtt tract a dil· tance of 200 reet to a pOint lor cornor in the: nOtth~AClt line 01 State HiQ:h...,I,Y No. J 14; THENCE eouthea'tcrly with northealt line: of laid hiehway a diltance 9~0 leet to a polne fer cornel'j THENCE .outh croll.lne .aid highway to a point for corner i.n the 50uthwelll Une of highway and the inteuection of the .. north'Vrc.t corner ot the Earl E. 1:1U. l6.8 acre tract tn the W. H. Pea Sl.lrvcy A·ll "5i · THENCE IIcuthealterl y with the louthwtlal line of Ia.id hiCh- way and crouinQ: tht: Denton .. Tilrrant County line and continu.ing: on to a point lor COrner at the lnterGcctlon oC eouthwell line QC hi&hw~y wl.lh weet 11n. or County Roa.d No. 3088 In Tarra")t Cou.n:y; THENCE eourh with ..... e~l line of laid county road a. di;tauce oC 1450 teet to a point lor torner; TH.ENCE welt I dilL&llCe 01800 lc·" to I. point for corner; ntENCE north a diltance DC 2Z00 lod to. point lor corner in the north line DI Hr •• of C. M. Throop SUT- vey ,A ... 15l0: THENCE weet \yUh nOl'"th line 01 eald Throop Survey to a point lor corner; l;lid poinl belna the northeAllt cornct of the EArl E. DUB 35 .. 3 acre tr.ct: 'l'UENC£ .. ourb , .. itb the ca.e' Une of u.id £11h tr4("t .nd ea.t .. ~r .. Une of John A. McGuire 20.86 a cre and 8l. "'1.. trQCU to .. point for corner in the north [inc Co\:,nty R.oa.d No. 30eO. eaid point aloo belnl: the louthe;ot corner of .aiel McCuh-e 83.41 acre t,. .. cti THENCE e""tcl'"ly And follo ..... inC the nortb line of .,aid county r,jad to .. po!nt lOT corner; I~Jd poit~t being , : P ••• Z Exhibit "A" in the eae' !inC! 01 Hr •• of C .. M. Throop Survey A .. lS10. THENCE .o'Uth acd. eTo'Dina: ... ld co'Unty.road a.nd lollowinc th. welt lino 01 County Road No. 3088. dhl&.nc:e of 6450 feet to .. point for !;orner; THENCE we.t a. di.l.nce of 200 {oat to .. putnt for corner; THENCE no 10 th and at all time. zoe fcet {rom and parallol to the weel line oC county roa.cl ~o. 3088 to .. point {or corne,. in the louth line of County .Rn..itl No. 3089. THEN9-E wc.t and northwe.terly {ollowin., the louth line of .aid county ro:a.d 10 .. poin.t lor corDer at it. inter'celion ,with the e •• tline ollhe A. M. Tat. 11. 3l. acre tract in the Hr •• of C . M. Throop Survey A·l 510; THl!:NCE .ouch ..... ith Ciut line of .aid Tat. 11. 3% .c~o tract to Ii pelnt for corner; .aid point beln, the louthc •• t COrner of .~id Tale tracr; and in the .outh Une of u.icS Throop Survcy; THENCE we.t with the .outb line ot nicS Tate triloct and Throop Sur'lfey to a. point {or corner in the we.t Une DC County Ro.d No. )035: THENCE .outh and .ou.thwe.l toUow. In., .aid we.t line of county roao to a. point for corner •• .aid point being the .outhea.lt corner oC the E. H. llecder 103.6, acre traet in the W. H • . Martin Survey A-l068: THENCE WI!: It with .outh lin~ of .Aid Reeder tract .. di.tance; of Z075 {eel to a point lor corner •• dd point be(na tbe .outhwelf: corner cl .aid Reeder hact and in ·th. "",e.t Une of W. H. Martin Sun. y A .. 1068 •. THENCE north with the we.tlint Cole ,;lid MArtin Survey and Reede r tract to A point (or 'torner •• :Lid poh. beinl .. t the ,oulhea.t corner of the M. Hunt Survey A-'S6. THENCE we.t with the .outh line of .aid M. Hunt Survey to a point for eorner; .aid point b'in, the .outh. w •• ( corner of ,.,.id Hunc Survey: THENCE north with we.t Unc o{ .aid Hunt Survey to a point fer corner. tU1Jd point bein, 200, (eet 10l.lth or .outh line of CO\lnty Road No. 40110; THENCl: we.t and at aU lime. 2.00 led .QU'" 01 and parallel to the Go",h line 01 'Aid Counfy )toad No ... 080 to a point lor corner, .a.ic! peint bdn& 300 !~et ~A.t of Cit., line of County ko:w:! No. 4041; THENCE .outh and at all tlmea )00 Icet e:llt olAnd parallel to .aid ca •• Jine 01 .aid County no~d ·No. 404J 10 a point {or .comer •• a~d poid: bt:inS in the .• outb Unt oC tbe H. S. Thr&.her 40 4cr<t trAcl in the C . B. Hendrick. Survey A ... 660; THENCE: we"t with .oulh line CI f .:.id Thn.Dhc r traet • dhu.nce 01 300 lcct t o a point lor corner •• aid polnt bei n, in. tl1C~ CA.l line 01 County :Road No. ~041 : THENCE oouth with can line cl ,.aid county road .. diGtance of 660 fl:ct t" a point for corner ; THENCE e.lt .. dietl.nee of 300 feet to a point for corner; THENCE ooulh and all time. 300 leu ea., ol Oll'ld p3.Tallel to the ca.t line of Coun ty Road. No. 4041 • diatanee of 660 leet to .. point for eorn.r, .aid point be in, in the .outh line of C. D. Hcnclrick. Survey A-680: THENCE we.r witb .,aid Ilouth line 01 Hcnd.rick. S~rYI:Y and croDl- in: Cou.nty Roa.d No. 4041 10 & point lor corner. t:.id point bcinl in the wlat line of .~ld county roa.d; TiU:NCE;.1\orth witb the welt Unc of tI~id county road to a. point COl' corner. laid poln.t beinl the .outhea..t corner of the J. A. Medford 20 acre trAct OLlt 01 the 0. B. Hendrick. Survey; THENCE W"oot "'hh .outh line of .a.le! Medford. tract a dhtance or zoo teet to a point leI' corner: THENCE north Ahd at all timet ZOO (eet wClt of a.nd parl-Ucl to west Une'ot "C~~;;ty R.oad No. 4041 to & point for corner, .dd point beine in the .outh Une of County noad No. ~080i THENCE ·we.t .'With .cutb Hne of ,aid county rOOld to a point Iftr corner •• Lid pOint bcin, 600 feet from the ea.t line 01 Cou.nty )load No. 405'7; THENCE 'outh .... dhtance of J 300 {eot to ... point for corne-T ••• hl pOint belP1' in the .outh Una 01 the W. T. Sha2"ple •• 40 Acre tract in rh" Je •• e Ciib.on Survey A.S9Z. THENCE \.Clt .-ltb the louth Une of o.aid SbO\rphel Ir:lC'l to a point {or eorn~r •• aid point l:Ieine In the e ·,..t line of County Road NOe 4·057 ; THENCE .outll with the eA.r line of .:l.id COWlty ro.d to a point for corl\er • • aid point bc:ine the north .... c.t corner of 'ke }.-tar,l .. Wood. 6 aero tr:\ct llll the Jc.ac Ciib.on Survey ,A. 5'12: THENCE c •• c .. Uh north Jjn" of .. aid Wood Pa.ac 1 Exhiblt "A" tract ~ distance 01200 feet to a point {or eorneri THENCE loutb and at all timu 200 het from and parallel to the tiut line of CoUDty Iload' No. 4057 to a: point fo~ corlller, aid point beinc ia. the _outh Une DC the Marlie Wood 6 acre tract: THENCE w,lt with tbe loutb line of laid Marcie Wood tract and crollina ,aid CouDty Road No. 4051 to a polDt for C~rDel', (fI,id pOint bdn; in the wellliDe of .aid cOWlty road; n1ENCE north with tbe welt line of I.Lei county road tCl a poiut'for corner, lalel poiDt belna the loutheaat corner of tbe H. C. Winterhauer ... 0 acre tract in the Jel.e Cilblon Survey: THENCE we.t wIth south Une DC .aid Winterba-uel' tract a dillanee of 200 reet. THENCE north to .. poiDt tor corDer, laid point bcinl in the rwrth line of .ald Willcrbauel' tract: THENCE .lut with north line 01 u.icl Willtu'bau.er tract to a point lor cornel', .aid polnt beina the northeaat corner of nid Wiatcrbauer tn.et and in th. wei' line oC County Ro&d No. 4057: THENCE north witb tbe weltline 01 laid county rODd to a p4iat tor eorner, aaid point be inc the. louthead corner of tbe 1. Glenn Tu.rntr 40 acre tract in the Je ... CiblOD SurVe)' ,A-592.; THENCE "'elt witb tbe loutb line of .aid. Turner -40 acte tract to • pOint lor corner, .aid point be ina the louthweat corD.er 'of o~.id. Turner 40 acre trnct and in 1.he e •• t line 01 tb. J. Glenn TurDer 81. 3 acre tract; THENCE .outb with the -ealt line 01 .aid 81.3 acre tract a diataftce 01290 foet to a point lor torner, THENCE well with al\ ea.t pJ'olon~atioD. of tbe .au.th Jine or"thc J. Glenn Turner 98.8 acre tract in the Wen, Hulf Survey A-6~8 and continuifl: with louth line of .aid tract to a point for corner, .aid point bcin& 400 tcel ealt of the ea..t line oC County Fload No. 4:060j THENCE loutn anci at illl timel 400 fed trom an.d panJle1 to the ca..t line DC .... id cou-My road to a point for corDer, laid point 'belna in the aouth line of the Cunnell 40 acre tract in the Wm. Hu(f Survey: THENCE we.t with .outh line of .aid Gunnels tract a di.(~nce o{ 400 {eel to a poi.nt Cor COruer •• aid point bcinC the .outhwelt corner of laid. 40 .. cre tract and in the eall line of County Road 'No. 4060; TH!:NCE north with eait line 01 u.id county ro~d ~nd the weat Jine 01 ,.id C~cll tu:ct to a point for corner, laid point being l.OO feet from south liue of tbe J . Clenn Turner 98.8 acre tn.eli THENCE ea5t &:::I.d lOO teet north 01 and parlJJe1 to the ,outh Jine of laid Turner tr&Cr: ADd atll ItI.at prolon,ation of I.id ,ou.th line-to a point for corner, laid point beins:: 200 feet weat of the ea.t line oC J. Gleua Turner 81.3 acre Iract in the Jelle Cibaon Su.rvey ,A-592; THENCE ea.t 2.00 le.t north of and at a.lltimel parallel to the ,outh line of the J. Clenft Turner 40 acre tract to a point for c~rner, laid point he in, in the 'Welt line DC County Road No. 4.0S7; THENCE north and nor&hwe.c with the .. eat line of .aid COUtley road 10 a poiot for corner •• aid pOU&t beina in Ihe I\ortb line of the Jell. Ciiblon Survey A-592.; THENCE welt with tM north line of .aid CLblon Survey a di.nnce of 200 It:et to a pOint for corner, THENCE north and . erol.ina tbe 1. Bacon S\lrvey "'.1565 and the Tarrant.DentoD. Co\ll\ty line to a point for corner, .aid point belDa in the nortb line of tbe Frank Wris::ht 2 acre tract i.n Ibe R.. E.ch Survey A·39l; THI:NCE caet 'With th. nortb line of laid Wricht tract a diltanee 01300 tcet: to • point for cornel', .aid poiet bein&: the Ncrthea.t Corner of .alcl Wright tract aDd in the we.tline of Coun.ty Road to Roa.noke; THENCE northwelt and northwe5hrly followin, tbe welt line Illd louth line ot la.id county road to a poinr tar corner, IIjd point heine 350 Ceet eall of and at riehtl.n:lcl to the \lrelt Unc of R. Ead. Survey. THENCE .outbwcaterly a. dilt.nce of 150 Ceel 10 a polnt lor corDer; THENCE aOTth\ye,terly )50 leer Irom :i:nd al &.1J time. p&r~lleJ to the .o\llhwelt line DC county road to Roanoke to C\ point Cor co rner. nid polnt b~in, In the we.t line oC tht J. D.J.con Survey ,A .. 156S; THENCE north DU107 I Pace 4' Exhibit "A II with the we.t Ih~e of Dald J. Dacon Survey &ccl the center line of ~ county road to a peint tor corner, .aid point bell'll the ncrthwcat corner or tbe J. Glenn. Turner 6. S acre tra.ct in the J. Bacon 5u.rvoy. THENCE ea..' with north line or .aid 6.5 acre tract to II.n inner cornel' of .ahS tr.ct. n.hl corn:r bcln, ill lhe ea •• Hi'll: of J. B.acon SurvcYi l'H~NCE .outh with ea..l line ot .aid B:':'con Survey to ... pOint lor cornc::r, add poir.t beine the IDcuthcact cornet or laid 6.5 o.tre tract and in the northe.ut line oi county l'o61d le~vjna Roanoke; THENCE .outfu:,a.t callt and .oulh with the northcOIollt. herth ~nd ea,.tlinc o! county road and crouina: the Oenton ... Ta.rr~nt County line to a point lor corner, liI.ld point beinc in the e: ... t lh-e 01 County Ro:l.d No. 4057 and the North ..... e.t cornel' ot the R.. D. Cal'}1enler 20 acre 'rild in the Jcaee Ciblon, Survey A-S9Zi THENCE: C30t .. dtll North line 01 calcl C.u"pentcr tract a dlGtane.e cf lOO f(;ct to • point tOI' cornCl'i THENCE Doolth ~nd at all \1mc. 300 Icet Irom .nd parAllel to the Ci'l.Dt line of County Ro3.c! No. 4057 to a point lor COrner •• aid po hit be-in: in the eouth line of .aid Catl"pcntcr tracti THENCE ..... en ",lth .outh linc of • ."ld CaTpenter tract to a pOint for corn.er. Dilid point bchlg the lou\hweet corner of .Aid Carpenter tract .. nd in. the ea.11 lin.e of County Road No. 40S7; THENCE .out~ wUh ca..tline ot ,aiel county ro.d. a.nd · ccmtinuin; on to a point for terncr. GaLid point beinJ; in the eouthe:L1li1 corn·er ot the R.. A. Garpenter 2.0 ~cre tracti THENC.E ca.ll; with Gouth line or .aiel Carp~nter tr-liet and continuing on with the north linc of county rOAd No. 4080 t.o a point for cornert .aid pOint bciril 700 feet fro." the 8"uthe •• t ~orncJ' 01 the A. H .. Wilde Land 1ft the 0. B. Hendrick SurvC'!y ....... 680; THENCE north and para.llel to the ea..t line a! .a.id WUdc TrOlc:t a d.iDlance aC JOOO teet to .. point lor corner, '''''''CC1~ • 1 .. /.~,. ••• " ... lei pOint bein.g in the c~.t line o( .·.ud Wilde hilct. THENCE .ol,lth 'YI'"ith ,.""."" ca.t line or 811.ld Wilde tr~ct a diot.ancc of 1000 leel to a polnt lot" corncr. eAid polnt bcin,£: the .outht: ... !!t co.rnn of eaid Wilde tract and 1n the north line of County RO;Ld No . 40S0j THENCE not.hea.t and calll with the north lin·J ot _aid cD\.Inty rO;Ld to • point. Cor Corner •• aid point beinl 12.00 l"et ..... eel ot enot Uno: at County Road No. "'02.6; THENCE nOrth a di.U.ncc of 1600 {~ct to • point (01' corneri TH.ENCE C3.8' and ero.,lng Q;Lld county road at 12.00 leet and c:ontinuins on to a point lor cornel', ."id point beinG' 200 [eel CU8t ot tbe e.ut Une 01 •• ,4 county rO.l.d; THENCE .outh And at &11 time I z.00 teet hom and para.Uel to the ea..t line 01 "aid ~o"nty I'O:l.d 1.0 a. point lor corner ..... ld. pc!nt being in the: louth lint 01 the M. L. R.oberta 40 acre tract in the Hrl. ot C. M. Throop S\lrvey M510; THENCE weat with aouth Une of I.id. Roberte trAct a dietance: oC zeo (eet to • point 101' c;orner, .aid point belne thc .outhwest COrner ~! Dald. Roberta tract and in the e&.t Une: 01 County Road No. 402.6. T}fENCE louth \.,lIh the e~'t line of .a.id county road and the ea., with the north line ot County Road No. 3080 to a point lor corner; THENCE Slcuth wltb ealltline or .... ld cOlolnty rooul to a point for corner. laid point belna: the Northwelt corner o{ the John McCuiro Landi THENCE ea., wh:h rhe north line 01 the odd McGuire tract to .. point 101' corner, ,aid pa.int. beln: the a-ouChcAet earner 01 the B. A. Z ... ald 136-1/3 acre trAct; THENCE north with the ca..t linc ot .aiel Zwald trAct to a point for corner; .aid pOint bcin; 4JOO lcet Crom th. north lLnc oC Hn. oI C. M. Throop S\lrvey, THENCE ,"eet an.d 400 feet .ourh ot and para,llel to the north line of aaid Throop Survey to & pol!:lt tor torncr, odd point hein, a.aouth prolongation ,of the e&DC line 01 the A . C. Heath lUMi io the W. H. Pea Survey " .. 1145i THENCE north to a point lor coreer, •• lid point belnl thet .outhe •• f COTner ot .~id He.th tract .and in the .outb line 01 W. H .. ~-\0 Poce 5 Exhibit ,. A II Pea. S",rvey. THENCE weDt with Slouth line of.aid W. H. Pea Sur\ley a di.uLlu:e or 600 fco\ \0 a. point for corner; THENCE nOl'th 600 Icct _c.t DC and pAI'""Ucll0 the aa.t line oe A. C. Heath tract to • point for cornel', aaid point being in the 'outhwcI' Une of State Hi&hway No. 114: THENCE nortk\"lcDI with the louthwCGL line 01 u,ld hichway to a point for corner •• nad point bein~ the north cal' corner of tho B. K. Heath 4 acre tr .. et in the W. H. Pen Survey; THENCE louth with c:ut line of Ia.id Heath lr ... c\ to a point lor cornel' In the aouthu.lt ~ornel' of ... ld trilct: THENCE Wlut with louth line of .aid trAct Ol..Dd c:ontinuina 3,crol' county ro~d to II poInt {or corner; THENCE "ourb wHit ·we.t )jn~ of .~ld county r~;l.d to I. point for corner, .~id point belne in the ICiuthea.t cCirncr Cit the Max CClhcn 83. 43 acr~ tract in the C. Medlin Survey A-813: THENCE weot with .outh line of .aid CClhcn tract. and continuing alona the tbe .outh line of the J. Glenn Turnt'T 2.43. S2 ;'CI'e tract to :. peint tor corner in. the Clouthwca.t corner of the D:l.id. Turner tract and the C. Mcdlin ,uTvey: THENCE north with the weet line 01 u,ld Turner t.ract and Medlin 'UTvey tQ • poi", lor corner. D~id' point brin,! In the oouthwcet linc 01 State Hit:hway No. 11~; THENCE northwcllt with the couthwc:.t line 01 .dd hiChvroOlY to a point lor COTfter •• aid point beinl 200 lcel .Cluth and me •• ured pcrpencUcuJa.r /1'0171 the .ourh lint' of (,Dunt)" rO.ld lp.a .. i~ Roa.nolce: THENCE wen and at all time. 2.00 leel Irom and po)'l"allel to the .outh lino 01 .nid roa.d to a. poinl (or corner, .ald point being In the we.t line 01 the R. E:.uh Survey A .. 39J; THENCE ftcrth with the we •• Hnc 01 5D.id EOI.d. ,urvey to the poinl o( bc:cinninc. and covcrinc; ~ tract or !:I,nd cf'JI\t.aining 1.99 Iq\l3.1·C milcc. 001(;9 , , - i - - Attachment 3 By -Laws As a governmental entity the Town of Westlake does not have Bylaws . The By-Laws for the instrumentality of the Westlake Academy Corporation are included. 00111 BYLAWS of WES1LAKE ACADEMY CORPORATION ARTICLE} POWERS AND OPERATIONS IN GENERAL SECTION 1.1. Powers of Corporation. The Westlake Academy Corporation (the ·Corporation") shal1 have aU of the powers and authority granted to non-profit corporations under the Texas Non·Profit Corporation Act, TEX. REV. CIV. STAT. ANN. Art. 1396 (Vernon 1997), as amended (the "Act"). SECTION J .2. Records. The Corporation shall keep complete corporate and financial records and minutes of the proceedings of its board of directors (the "Boardj and of committees (if any) of the Board in accordance with applicable law. The records and minutes shal1 be made available for inspection at al1 reasonable times by any member of the Board (any member, a "Director") or by the Di=tor's authorized agent or by any authorized represemative of the Town of Westlake (the "Town"). SECTION 1.3. Regulations. The Corporation, by action oftbe Board, may promulgate regulations (the "Reglliations") governing the Corporation's operation. The Regulations shaJJ nOI conflict with, and shall be subject to, these Bylaws and the Corporation's Articles of Incorporation (the" Articles"). SECTION 1.4. Staffing Functions. Staff functions of the Corporation may be performed byemployees of the Town, under the direction of the Town Manager, subject to payment by the Corporation of the actual costs of the staff functions to be performed, as from time to time may be billed to the Corporation by the Town. The Corporation ShaU pay the bills upon receipt (or as promptly thereafter as practicable) from any of its funds available for such payment. ARTICLE II BOARD OF DIRECTORS SECTION 2.1. Management of Corporation . The Board is responsible for the management of the Corporation. SECTION 2.2. Number. Appointment. Term. Disqualifications. and Removal of Directors. The Board shall consist of seven Directors. The Directors constituting the initial Board are those specified in the Articles. Subsequellt Directors (illcluding Directors filling vacancies) shall be appointed by the governing body of the Town. The term of each Direclor is two yean, provided that I Director shall continue to serve until hisJher successor is appointed and assumes office. Any Director may be removed at any time (with or without cause) by the governing body of the Town. SECTION 2.3. Meetings of Directors. (a) The Board may hold its meetings al any place designated (from time to time) by the Board. In the absence of any designation, meetings shall be held at the principal office of the Corpon.tion. Regular meetings of the Board shall be held alsuch times and places as designated by resolution of the Board. A special meeting of Ihe Board shall be held whenever called by the president or the secretary of the Corporation or by the Board at the time and place specified by the authority calling the special meeting. Unless otherwise indicated in the notice of. special meeting, any matter that may be acted upon by the Board at a regular meeting may be acted upon at a special meeting. (b) Except as otherwise provided by law, notice to Directors of a regular meeting is not required. Notice of the time and place of each special meeting shall be given 10 each Director (either by personal delivery, United States mail, telephone, or telecopy) not later than two hours in advance of the meeting. Notice of BYLAWS-Pqe 1 D01I2 any Board meeting to persons other than Directors shall be given if and to the extent required by law. (c) Attendlnce of a Director at a meeting shall constitute a waiver by the Director of any notite of meeting, unless the Director attends the meeting for the express purpose of objecting to the transaction of any business on the grounds that the meeting is not lawfully called or convened. A waiver ofa notice in writing. signed by any person entitled to notice (whether before or after the time for giving the notice) shall be deemed to be the equivalent to the giving of notice. SECTION 2.4. Quorum. A majority of the number of Directors fixed by these bylaws as constituting the Board shall constitute a quorum for the transacting of the business of the Corporation. The act of a majority of the Directors present at a meeting at which a quorum is in attendlnce shall consliNte the act of the Board except as otherwise required by law or by these Bylaws or the Articles. SECTION 2.5. Order of Business. The Board shall consider the matters before it in such order as the Board may determine. SECTION 2.6. Committees. The Board, by resolution adopted by a majority of the Directors in office, may designate one or more committees that, to the extent provided in the resolution, shall have the authority of the Board in the management of the Corporation. Each committee shall consist of two or more Directors. Committees that do not have the authority of the Board in the management of the Corporation may be designated by resolution of the Board or by the president of the Corporation, and membership on any committee need not be limited to Directors. SECTION 2.7 Compensation of Directors. Directors are not entitled to receive any compensation for their services as Directors, except for reimbursement of their actual expenses incurred in the performance of their official duties. ARTICLE III OFFICERS SECTION 3.1. Office Titles. The officers of the Corporation shall be a president, a vice president, a secretary, a treasurer, and such other officers as the Board may from time to time appoint. The same person may hold more than one office, except that the president shall not hold the office of secretary. SECTION 3.2. Appointment. Term. Removal. Vacancy of Offices. Each officer shall be appointed by the Board for a term of two years and shall continue to serve until hislher successor is appointed and assumes office. Each officer is subject to removal from office (with or without cause) at any time by the vote of a two-thirds majority of the Directors in office. A vacancy in any office shall be filled in the same manner as the original appointment for the unexpired term thereof. SECTION 3.3 President. The president shall preside at all meetings of the Board. The president is the chief executive officer of the Corporation and, subject to the contrOl of the Board, shall have general charge and supervision of the management of the affairs of the Corporation. The president shall cause all orders and resolutions of the Board to be put into effect. The president shall sign and execute all legal documents and instruments in the name of the Corporation when authorized to do so by the Board, except when the signing and execution thereof is delegated by the Board to some other officer or to an agent of the Corporation. SECTION 3.4. Vice-President The vice-president shall, in the event of the absence or disability of the president, disehll1le the powers and duties of the president, and the vice-president shall perfonn such additional duties as may be assigned from time to time by the Board. BYLAWS -Page 2 00113 SECTION 3.S. Secretary. The secretary sball have charge of the records and correspondence of the Corporation under the direction of the president. The secretaJy is responsible for the giving of notice of meetings of the Board, and tbe secretary sball attend tbe Board meetings and sball take and keep minutes of, and record aU votes cast at, the meetings. The secretaJy sball discharge such other duties as may be assigned from time to time by the president or the Board. SECTION 3.6. Treasurer. (a> To the extent not otherwise provided in any resolution of the Board relating to the issuance of bonds or other obligations of the Corporation or to instruments authorized by the Board to provide security therefor, the treasurer shall have the custody of all the funds and securities of the Corporation and shall deposit them to the credit of the Corporation in such banks or other depositories as the Board may designate. (b) The treasurer shall keep proper books of account and other records showing at all times the amount of the funds and other property belonging to the Corporation and of all receipts and disbursements of the Corporation. The treasurer shall, under the direction of the Board, disburse all money and sign all checks and other instruments drawn on or payable out of the funds of the Corporation and shall also make such transfers and olber dispositions of the securities of the Corporation as may be ordered by the Board. (c) The treasurer shall also discharge such additional duties as may be assigned from time to time by the Board. The treasurer shall give bond only if required to do so by the Board. The treasurer shall render to the president and to the Directors an account of all transactions of the treasurer and of the financial condition of the Corporation upon request. SECTION 3 .7. Compensation of Officers; Officers are not entitled to receive any compensation for their services as officers, except for reimbursement of their actual expenses incurred in the performance of their official duties; provided that, the secretaJy shall be compensated for services rendered. ARTICLEN MISCELLANEOUS PROVISIONS SECTION 4 .\. Time for Taking Effect. These Bylaws shall take effect upOn their adoption by the Board. SECTION 4.2 . Resignation. Any Director or any officer of the Corporation may resign at any time. A resignation shall be made by written instrument and shall take effect at the time specified therein or, if no time is so specified, at the time of its receipt by the president or the secretaJy of the Corporation. The acceptance of a resignation is not necessary to make it effective unless expressly so provided in the instrument of resignation. SEmON 4.3. Fiscal Year. The fiscal year of the Corporation shall be the annual period determined by resolution of the Board. SEmON 4.4. Seal. The official seal of the Corporation shall be as determined by the Board. The seal shall not be necessary to the proper execution by the officers of the Corporation of any document or instrument unless otherwise specified by the Board. SECTION 45. Special Requirements. The Corporation shall comply with the following special requirements: (a) The Corporation shall maintain its books and records separate and apart from any othet legal entity. (b) The Corporation shall not commingle its assets with the assets of any other legal entity. BYLAWS -Pase 3 00114 I (c) The Corporation shall maintain financial records separate from any other legal entity. : (d) The Corporation shall maintain an "arm-lengthn relationship with all other legal entities except as it otherwise required by law. (e) The Corporation shall pay the salaries ofits own employees. SEmON 4.6. Amendmenu. These Bylaws may be amended at any time. and from time to time. by resolution of the Board. which amendment shall not take effect until approved by the governing body of the Town. SEmON 4.7. Interpretation. These Bylaws shall be liberally construed to effect the purposes of the Corporation. If any part of these Bylaws is ruled invalid by a court of competent jurisdiction. the remainder of these Bylaws shall remain in effect to the fullest extent possible under the application of such ruling. References in these Bylaws to the singular number shall include the plural and vice veBa (unless the context otherwise requires). DnA WS -Page 4 . ~-,' Attachment 4 Affidavits !HHIG TEXAS EDUCATION AGENCY OPEN-ENROI...LMENT CHARTER SCHOOL APPUCANT BIOGRAPHICAL AFFIDAVIT (MUST BE TYPED and NOTARIZED) Check all that apply: . EJ Member of lI'Ie governing boanl of the · sponsoring entity o Member of the managing boanl for the charter school It should be understood IIlat a board member's resignation is not effective until a replacement is duly appointed by the board and a board member may be personally liable for any actions taken by the board. . o Schoo! administrator Full Name of Sponsoring Entity and Name of Proposed Charter School: _____ _ 'I'OIN OF WES't'LAI<E In connacIion with the aboYe-named o~tiDl'l and charier schOOl application, I herewi1h make representations and supply information about myself as hereinafter set forth. (Attach addendum or separate sheet if space hereon is insufficient to answer any questions fully.) IF ANSWER IS ·NO· OR "NONE", SO STAlE.. . 1. FuR Name (Initials Not Accepta.ble): __ ~SC.::::O:..;'lT:.:..:FI.O:..:::;:YD::...:B:.:RAllL=:;E'f:.:... ________ _ 2. Have you ever had your name changed?}CeS-1i yes, give reason for the change: b.Maiden Name (1/ female) _____________________ _ t .Othernames used at any time OCCasionally called "Bo" Bradley jn CpJle;e 3. S~S~myNum~r.~ __________________________ _ 4. Dale and Place of Birth: _...:. -____ _ 5. Business Address: 1256 Main Street, Ste. 252, SouthlalCe, Texas 76092 Business Telephone: ....l..( 8::::l:..:7..!..)_44=2~-5::.:5:.:2~3 ________________ _ 6. List your residences lor the last ten (10) years starting with your current adelress, giving:. . . DATES ADDRESS em AND STATE ZlPCQOE 67 RFA 701.01-004 SAS-ASU 00117 7. Education: Dates, Names, Locations and Degrees Col~ga __ ~~19~5~9L£OdD'eeS~5~aLLC~Q~]1~ew~e~(I~AU)~'_1~96~1~TM0~~5~Te¢~~b~Im~jve~r~5~i~ty~(~BA~) ______ ___ Graduate Studies 1064 So"thern Methcrlist TJnjyprsitl' (tm) 1976 Southern Methodist University (LIM in Taxation) O~ ________________________________________ ~ ______ ___ S. Ust Membership in Professional Societies and Associations: Texas Bar Association; American Bar Association; 9. LUe Fellov, Texas Bar FoundatlOD 10. Ust complete employment record (up to and including present jobs, positions, directorates or officerships) for the past twenty (20) years: DATES EMPLOYER ADDRESS ". Present employer may be contacted: (Y~ J Former employers may be contacted: Cfev No No l1n..e (Circle One) (Circle One) 12. a) Have you ever been in a position which required a fidelity bond?~YF.t::S:i.-___ _ 11 any claims were made on the bond, give details: ---IN!>ONE!!!!O __________________ _ b) Have you ever been denied an indivi:lual or position-schedule fidelity bond, o r had a bond cancelled or revoked?~N::.:O::...-_________________________ _ Ifyes,gwed~~: ________________________________ _ 13. List any professional. occupational or vocational licenses issued by any public or governmental licensing agency or regulatory authority which you preserrtly hold or have held in the past. (State date license was issued, issuer of 6cense, date terminated,reasonsfortermination):og/21 164 -Texas Bar NQ 0263000; 01115/1965 -!lnited States District Court for the Northern District; 12/23/1965 -United States Court of Appea 11/06/1972 -United States SUpreme Court: 11/19/1975 -United States tax Court 14. During the last ten (10) years, have you ever been refusecl a profeSSional, occupational or vocational license by any public or govemmentallicensing agency or regulatory allthority, or has such license held by you ever been suspended or revoked? NO If yes, give detaUS: __________________________ _ 68 RFA 701~1-004 SAS-ASll 00113 A-1D 15. WiD you or members of your immediate family be employed by (directly or through contract) or receive remuneration from Ihe proposed charter school? .;,;00;,;:;", __ _ If yes: give details: ______________________ _ 16. Have you ever been adjudged bankrupt? NO, J3(]l' SEE EXHIBIT B . 17. Have you ever been convicted Or had a sentence imposed or suspended or had pronouncement of a sentence suspended or been pardoned for conviction of or pleaded guilty or nolo contendere to any infonnation or indictment charging any felony. or charging a felony or misdemeanor involving moral turpitude. or have you been the subject 01 any cisciplinary proceedings of any lederal or state regulatory agen~.~NO~~---------II yes, give details: _______________ '--___________ _ 18. Have you ever been an officer, director, trustee, investment committee member, key employee, or controlling stockholder of any business, which, while you OCCUpied any such position or capacity with respect to it. became insolvent or was placed under . supervision or in receivership, rehabilitation, liquidation or conservatorship?YES, SEE EXHIBIT B , 9. Are you now, or have you been, within Ihe past five years, a plaintiff or defendant in any lawsuit? YES . If so, please lumish details: _S_EE_EXHI ____ B_IT_C ___________ _ Dated and signed this 13th day of -±-FEBRUARY~~=_ _______________ ~ 2Ctll ,at SO!1I'HLAKE. TEXAS I hereby certify under penalty of pe~ury that I am acting on my own behalf, and thet the foregoing statements are true and correct to the best of my kilo ge belief. State of TEXAS County o-I';;;TARRANI';;';;~"-------- Personany appeared before me the above named ,1eott Er.a.d/eq personally knOWn to me, who, being duly sworn, deposes and says thai helsh€'executed the above instrument and that the statements and answers contained therein are true and correct to the best of hislher knowledge and belief . Subscribed and sworn to before me this.;;;;;1~3~t~h __ --:~ day of FEBRUARY , 2O~O::.:-1 .,........,. ~ ~ (SEAL) 69 (NotarY Public) My commission expires dOa£ RFA 701'()1~ OOll ~AS.A5l1 A~Z:1 EXHIBIT A Employment Record Scott Bradley 1994 to Present Mayor, Town of Westlake, 3 Village Circle, Ste.207, Westlake, Texas 76202 Title: Mayor 1988 to Present Bradley & Bradley, P.C., 1256 Main Street, Ste.252, Southlake, Texas 76092 Title: President 1986 --1988 Baker & McKenzie, 4500 Trammell Crow Center, 2001 Ross Avenue, Dallas, Texas 75201-2916 Title: Partner 1974 -1986 Jenkens & Gilchrist, 1445 Ross Avenue, 5te. 3200, Dallas, Texas 75202 Title: Partner D0120 A·;z.r 41 EXHIBIT B In February 1985, my wife Kelly Pace Bradley and I, dba Paigebrooke Development Company, purchased 200 acres near Roanoke, Texas, which we developed into a residential subdivision. We borrowed almost $6 million from Seguin Savings Association (SSA) to fund the acquisition and development costs . , O{)121 I:XHIHII (; GIl!22 A-;Zle . TEXAS EDUCATION AGENCY OPEN-ENROLLMENT CHARTER SCHOOL APPUCANT BIOGRAPHICAL AFFIDAVIT (MUST BE TYPED and NOTARIZED) Check all that apply: [] Member of the goveming board of the sponsoring entity o Member of the managing board lor the charter school It should be understood that a board member's resignation is not effective until a replacement is duly appointed by the board and a board member may be personally liable for any actions taken by the board. o School administrator Full Name of Sponsoring Entity and Name of Proposed Charter School: Town of WeatltKe Westlake A~ademy In connection with the above-named organization and charter school application, I herewith make representations and supply information abot.n myself as hereinafter set lolth. (Attach addendum 01 separale sheet it space hereon is insufficient to answer any questions fully.) IF ANSWER IS "NO" OR "NONE·, SO STATE. 1. Full Name (Initials Not Acceptable): '!'rui tt. ~e!.-ee Bro~:n II 2. Have you ever had your name changed? lliL. 11 yes, give reason for the change: . , . ~Maiden Name (if female) c.Other names used at any time 3. Social Security Number. - 4. Date and Place of Birth: .. 5. Business Address: 6200 Dent.on ~wy. "'atauga, ~x .. 7E'14 8 Business Telephone: 817-83 4 -27"2 6. List your residences for the last ten (10) years starting with your current address, giving : DATES ADDRESS CITY ANQ STA~ ZIPCOoe 1990-ore sent 00123 67 RFA 70J'()1~ SAS-ASll IF\-..22 • • 7. Education: Dates, Names, locations and Degrees College ____________________________ _ Graduate Studies _______________________________________ _ O~ers ~~~.~~A~S~c~h~o~o~l~o~f~A~e~r;o~n~a=u~t;;ic~s~,~!~~e~a~ch~am~F~i~e~l~a~,~F~t~.~w~.o~r~t~h~,~T~x~. __ _ Comercial Pilots Degree $.J.rcraft and po\yerplant Degree 8. List Membership in Professional Societies and Associations: ____________ _ AIQfrmgn for town of Nestlake 9. Co-Chairman of economic~ develooment t~ard 10. list complete employment record (up to and including present jobs, positions, directorates or officerships) for the past twenty (20) years: DATES EMPLOYER ADDRESS TITLE 1!'78 to present Bro ... ms Jl.uto supplys 620IJ benton H.'y. watauga, ~x. 7fl4~ 5028 Eroad"lsy pt. v!or£r., 'l'x. 76117 11. Present employer may be contacted: Former employers may be contacted: No No (Circle One) (Circle One) 12. a) Have you ever been in a position which required a fidelity bond? NO If any claims were made on the bond, give details : ________________ _ b) Have you ever been denied an individual or position schedule fidelity bond, or had a bond cancelled or revoked? ___ ~N~o _________________ _ If yes, give details: ______________________________________ _ 13. Ust any professional. occupational or vocational licenses issued by any public or governmental licensing agency or regulatory authority which you presently hold or have held in the past. (State date license was issued, issuer of license, date terminated, reasons for termination): AlP 11-1£.-89 Federal Avi~a~t-.i-o-n~~~d~m-.i-n-.i~s~t-r~a~t~i~o~n~-------------- Airplane Single & ~~ul tiengine lane & Centerline Thrust &Instrument Eo CommercJ.al Dated 03-10-88 by Federal lviation ,lI.dministration 14. During the last ten (10) years, have you ever been refused a professional, occupational or vocational license by any public or governmental 6censing agency or regulatory authority, or has such license held by you ever been suspended or revoked? No "yes, give details: ____________________ _ 68 06124 RFA 701-01-004 SAS·ASll I • • 15. Will you or members of your immediate family be employed by (directly or through contract) or receive remuneration from the proposed charter school? _-,"'",,0,,-__ If yes. give details: _____________________ .,-___ ~ 16. Have you ever been adjudged bankrupt? ____ .-:.N:..:o'--___________ _ 17. Have you ever been convicted or had a sentence imposed or suspended or had pronouncement of a sentence suspended or been pandoned for conviction of or pleaded guilty or nolo contendere to any information or indictment charging any felony. or charging a felony or misdemeanor involving moral turpitude. or have you been the subject of any disciplinary proceedings of any federal or state regulatory agency? NO "yes. give details: __________________________ - 18. Have you ever been an officer. director. trustee. investment committee member. key employee. or controlling stOCkholder of any business. which. while you occupied any such pOSition or capacity with respect to it. became insolvent or was placed under supervision or in receivership. rehabi litation. liquidation or conservatorship? ___ N_O ___ _ 19. Are you now. or have you been. within the past five years, a plaintiff or defendant in any lawsuit? !'lO • "so. please furnish details: Dated and signed this J ~ day of __ W-1T ....... M'-'U ... -.... A.o"""'~b~------~ 20 01 .~ _____ ~--~~--~~------------~~--~--~------~ I hereby certify under penalty of perjury that I am acting on my own behalf. and that the foregoing statements are true and correct to the best of my kno e ef. ~._. ) State of ,.J# !fM County ot 30 AL'C·t (Signature 01 Affiant) Personally appeared before me the above named -.,... ................. "--.....;",!--Io""" ........... -_~ __ _l personally known to me. who. being duly sworn, deposes and says that he/she executed the above instrument and that the statements and answers contained therein are true and correct to the best of hislher knowledge and belief. SUbsc~d O~ ~7;~ ~o before me this __ .... J....."J.""-_. 2:::-0=-(~~Y of U· 0' (Notary Public) 2;' (SEAL) My commission expires __ 4>-...!.7~1=" e GINGER CROSSWY -.ry P\.tIIlc STATE OF TEXAS My Cornm. EsiI· 02I22l2OO4 69 U12:i RF A 701-01-004 R' ..:2. ""\ SAS-ASll - TEXAS EDUCATION AGENCY OPEN-ENROLLMENT CHARTER SCHOOL APPUCANT BIOGRAPHICAL MADAVIT (MUST BE TYPED and NOTARIZED) Check all that apply: [!J Member of the goveming board of the sponsoring entity o Member 01 the managing board for the charter school It should be understood thaI a board member's resignatiOn is not effective until a replacement is duly appointed by the board and a board member may be personally liable for any actions taken by the board. o School administrator Full Name of Sponsoring Entity and Name of Proposed Chaner School: Town of Westlake Utstlake Academy In connection with the above-named organization and charter school application, I herewith make representations and supply inlormation about myself as hereinafter set forth. (Attach addendum or s!parale sheet if space hereon is insufficient to answer any questions fully.) IF ANSWER IS "NO" OR "NONE", SO STATE. 1. Full Name (Initials Not Acceptable): Francis William Frey. Jr. 2. Have you ever had your name changed? ~ II yes, give reason lor the change: --b.Maiden Name (if female) c.Other names used al any time Bill ['sx 3. Social Security Number: _____ 4. Date and Place of Birth: 5. Business Address: N~a B~ti~g Business Telephone: ! 6 . List your residences for the last ten (10) years starting with your current address, giving: j DArf~ ADDRES~ CITY AND §TAT; ZIP COD; 1917 :tQ EI:f:sect Westlake, TX 76262 DOllS 67 RFA 701..01-004 A';2..~ SAS-ASlJ 7. Education: Dates. Names. Locations and Degrees CoUege1950-1954 Westminster College New Wikmington,.9A -BBA Graduate Studies _______________ ---.: __________ _ Others GaMon University -Erie, PA Management Course Micn1gan State Un1vers1ty E. Lansing, Mich. Eng1neer1ng Harvard On~vers~ty Boston, MA Mirket1nq 8. Ust Membership in Professional Societies and Associations: -'!N"'on"'e"-__________ _ ____ ~__________________________________________________ 9. 10. List complete employment record (up to and including present jobs, positions, directorates or officerships) for the past twenty (20) years: DATES EMPLOYER ADDRESS TiTlE 1985-1987 General Telephone Co. of II. Bloorninaton, IL. State VP -General Manager 1981-1985 GI'E Telephone Operations HO Stamford, CT/Irving,TX Asst. VP Business Relati< 1979-1981 General Telephone Co. of KY Lexington, KY VP Revenue Reguirements 1977-1979 General Telephone Co. of Southwest Texarkana, TX Area Operations Manager 1973-1977 General Telephone Co of SOuthwest SanANgelo, TX BUsiness Relations Director 11. Present employer may be contacted: Yes No (Circle One) N/A Former employers may be contacted: 8 No (Circle One) 12. a) Have you ever been in a position which required a fidelity bond?-!:N~o:....-___ _ If any claims were made on the bond. give details: _________________ _ b) Have you ever been denied an individual or position schedule fidelity bond. or had a bond cancelled or revoked?-:,,"'o'--____________________ _ If yes, give details: _________________________ _ 13. List any professional. occupational or vocational licenses issued by any public or governmental licensing agency or regulatory authority which you presentty hold or have held in the past. (State date license was issued, issuer of license, date terminated. reasons for termination):-"NICOll.nee..... ___________________ _ 14. During the last ten (10) years, have you ever been refused a professional, occupational or vocational license by any public or governmental licensing agency or regulatory alJthority. or has such license held by you ever been suspended or revoked? No If yes, give details: ____________________ _ 68 0012i RFA 701.01-004 SAS-ASll ~ -.2. Ie 15. Will you or members of your immediate family be employed by (directly or through contract) or receive remuneration from the proposed charter school? _N_O ___ _ If yes, give details: ____________________ ..-___ _ 16. Have you ever been adjudged bankrupt? _N"'O""-________________ _ 17. Have you ever been convicted or had a sentence imposed or suspended or had pronouncement of a sentence suspended or been pardoned for conviction of or pleaded guilty or nolo contendere to any information or indictment charging any felony, or charging a felony or misdemeanor involving moral turpitude, or have you been the subject of any disciplinary proceedings of any federal or state regulatory agency?_N_O _______ ___ If yes, give details: ______ ~ _______________________ .,_- 1 B. Have you ever been an officer. director, trustee, investment committee member, key employee. or controlling stockholder of any business, which. while you occupied any SlIGh position or capacity with respect 10 it, became insolvent or was placed under supervision or in receivership, rehabilitation, liquidation or conservatorship? -"N,.o'--____ _ 19. Are you now, or have you been, within Ihe past five years, a plaintiff or defendant in any lawsuit? NQ If so. please furnish details: Dated and signed this J J day of --'cy~ ... Ob'-4I<l>-'""+<'IoQ. ... " .. qo~ ...... :::....---------, 20 0 \ , at _____ ,...--__ :n:.\J..-___ ~:::..... __ ...,.._--...,...__,----_I t hereby certify under penalty of perjury that I am acting on my own behalf, and that the foregoing statements are true and correct 10 Ihe best 01 my ~wledgE! a ~ ~ ( (Signature of Affiant) ( State of Lti.a.l:J. County of ~a:;;;;;:x=- Personally appeared before me the above named ~>-l..L..c..~:....!>.......I.o...I..J...lUl..L.a._~.JA.£.o,,or;p.._l personally known 10 me, who, being duly sworn, deposes and says thai he/she executed the above instrumenl and Ihat the statements and answers contained therein are true and correct 10 the besl of his/her knowledge and belief. s~scribed and sworn to before me Ihis ..2 .l... day of ______ ~~()~4~'u.~o~,,~-~~---------------t20 01 o < (Notary Public) 1C:~Af \ My commission expires-=.,2..--I.~r!:L...:::...:q e GINGER CROSSWY .. NoIary PublIC STATE OF TEXAS . ~Iy Comm. Elcp. 02I22l2OO4 69 Ulllza RFA 701-01-004 A :.2-'I SAS-ASll 'j TEXAS EDUCATION AGENCY OPEN-ENROLLMENT CHARTER SCHOOL APPUCANT BIOGRAPHICAL AfFIDAVIT (MUST BE TYPED and NOTARIZED) Check all that apply: ~ Member of the governing board of the sponsoring entity o Member of the managing board for the charter school It should be understOOd thai a board member's reSignation is not eHeclive untH a replacement is duly appointed by the board and a board member may be personally liable lor any actions taken by the board. o School administrator Full Name of Sponsoring Entity and Name of Proposed Charter School: Town of Vestlake Westlake AcadecI In connection with the abolle-named organization and charter school application, I herewith make representations and supply infomation about myself as hereinafter set torth. (Attach addendum or separate sheet it space hereon is insufficient to answer any questions fully.) IF ANSWER IS "NO· OR "NONE", SO STATE.. 1. Fun Name (Initials Not Acceptable): Fred Ehrman Held 2. Have you ever had your name changed?Im-If yes, give reason for the change: ----;'-Maiden Name (it female) c.Other names used at any time 3. Social Security Number:~ ! 4. Date end Place of Birth: 5. Business Address: Retired Business Telephone; 6. List your residences for the last ten (10) years starting with your current address, giving: DATES ADDRESS CITY ANQ STATE ZIP CODE I!I§' liastllke, ~1!1Ii •• ;Z'~6:i! 0612S 67 RFA 701-O1-004~ • ..::2.. ,.altt 4~1 .. • • • 7. Education: Dates, Names, Locations and Degrees eollege __________________________ _ Graduate Stooies __________________________ _ Others 1956-1957 USAFI Courses -Ret,ail Principle & Practices 8. List Membership in Professional Societies and Associations: _____________ _ Member Keller Lions Club 9. , O. List complete employment record (up to and Including present jobs, positions, directorates or otficerships) for the past twenty (20) years: OATES EMPLOYER ADDRESS TITLE 1961 -1991 "E' J j ott I 5 Hardware pres; dent -CEO 490] Meg'e Bye Dallas· Texas 11. Present employer may be contacted: Former employers may be contacted: Yes ._-- " Yes No (Circle One) No (Circle One) 12.8) Have you ever been in a position which required a f idelity bond?-lNiU:O'--___ _ If any claims were made on the bond, give details: _________________ _ b) Have you ever been denied an individual or position schedule fidelity bond, or had a bond cancelled or revoked?_N"'O"--____________________ _ If yes, give detailS: ___________________________ _ 13. List any professional. occupational or vocational licenses issued by any public or govemmentallicensing agency or regulatory authOrity which you presentty hold or 'have held in the past. (State date license was issued, issuer of license, date terminated, reasons for termination): ______________________ _ 14 . During the last ten (10) years, have you ever been refused a profeSSional, occupational or vocational license by any public or governmental licensing agency or regulatory authority, or has such rlCense held by you ever been suspended or ' revoked? No If yes, give details: ___ ' ___________________ _ 68 RFA 701-01-004 SAS-ASll PI-;t... ~ 15. Will you or members of your immediate family be employed by (directly or through contract) or receive remuneration from the proposed charter school? No If yes, give details: 16. Have you ever been adjudged bankrupt? No , 7. Have you ever been convicted or had a sentence imposed or suspended or had pronouncement of a sentence suspended or been pardoned for conviction 01 or pleaded guilty or nolo contendere to any information or indictment charging any felony, or charging a felony or misdemeanor involving moral turpitude, or have you been the subject of any disciplinary proceedings of any federal or state regulatory agency? No . II yes, give details: 18. Have you ever been an officer, director, trustee, investment committee member, key employee, or controlling stockholder of any business, which, while you occupied any such position or capacity with respect to it, became insolvent or was placed under supervision or in receivership, rehabilitation, liquidation or conservatorship? No , 9. Are you now, or have you been, within the past live yeall!, a pleintiff or defendant in any lawsuit? Yes . If so, please lurnish deteils:SUl. ts that have been resel ved perta i ning to town of Westlake '5 an aldermen Dated and signed this &.""> day of .-S..a:~o1.0 ~ , 20 Cl~ , at \ I hereby certily under penally of perjury that I am acting on my own ~d that the foregoing statements are true and correct to the best 01 my know.A_2'~e \e~o~ (Signature of Affiant) State of County of =-=s-n = .. 3=. Personally appeared before me the above named ~.a. So-\\I:~d personally known to me, who, being duly sworn, deposes and says that he/she executed the above instrument and that the statements and answers contained therein are true and correct to the best 01 hi&lher knowledge and belief. Subscribed and sworn to before me this a..o day of \a~1 acc-'-"'\ ,20 ~I \ (Notary Public) (SEAL) My commission expires'5!\], V 'as: I ~§.\b~~ Ie UlAILHOIWC M't' CO''lSStCN £)OIIRES ...,'.lIlOI DD131 69 RFA 701-01-004 SAS-ASllA -'6 [' . r. TEXAS EDUCATION AGENCY OPEN-ENROLLMENT CHARTER SCHOOL APPUCANT BIOGRAPHICAL AFFlDAVtT (MUST BE TYPED and NOTARIZED) Check all that apply: . GJ Member of the governing board of the sponsoring entity o Member of the managing board for the charter school It should be understood that a board member's resignation is not effective unli a replacement is duly appointed by the board and a board member may be personaHy liable for any actions taken by the board. o School administrator Full Name ot Sponsoring Entity and Narne of Proposed Chaner School: Town of Westlake Westlake Academy In connection with the above-named organization and charter school application, I herewith make representations and supply infonna!ion about myself as hereinafter set forth. (Attach addendum or separate sheet H space hereon is insufficient to answer any questions fuRy.) IF ANSWER IS "NO" OR "NONE", SO STATE. , . FuM Name (Initials Not Acceptable): LarrY .lames Sparrow 2 . Have you ever had your name changed? .!!£-If yes, give reason for the change : b.Maiden Name (if female) c.Other names used at any time 3. Social Security Number:_ . , ! 4. Date and Place of Birth: 5. Business Address: 4035 Aspen LAne Westlake, TX 76262 Business Telephone: n'-43i-4620 6. Us! your residences for the last ten (10) years starting with your current address, giVing: • DfoffiS ADDRESS CI'TY AND STATE ~IP !;:QQI; 99 -present fH1132 . 67 RFA 701'()1-004 ~. ~ a ~ •• A-3 7. Education: Dates, Names, Locations and Degrees College University of Illinois -CHampaign, Illinoise MBA 198] Graduate Studies __________________________ _ Others _________________________ __.--- 8. Ust Membership in Professional Societies and Associations: ____________ _ _______________________________________________ 9. 10. Ust complete employment recora' (up to and inclUding present jobs, positions, directorates or officerships) for the past twenty (20) years: DATES EMPLOYER ADDRESS TITLE 12/67 -8100 GTE President Wholesale MArkets 11 . Present employer may be contacted: Former employers may be contacted: Yes ... :" :Yes' '.~ No No (Circle One) (Circle One) 12. a) Have you ever been in a position which required a fidelity bond,?..:.N:::o~ ___ _ If any claimt were made on the bond. give details: ________________ _ b) Have you ever been denied an individual or pOSition schedule fidelity bond, or had a bond cancelled or revoked?_N_O _______________ -'-____ _ If yes, give details: _________________________ __ 13. Usl any prolessional. occupational or vocational licenses issued by any public or govemmentallicensing agency or regulatory authority which you presently hold or have held in the past (Slale date license was issued, issuer of license, date terminated, reasons for lerminalion):_N_o_n_e __________________ _ 14. During the last ten (10) years, have you ever been refused a professional, occupational or vocalionallicense by aoy public or govemmentallicensing agency or regulatory authority, or has such license held by you ever been suspended or revoked? NO If yes, give delails: ___ " __________________ _ 68 Ofi133 RFA 701-61-004 SAS·ASU ------------~--------- · . 15. Will you or members of your immediate family be employed by (directly or through contract) or receive remuneration from the proposed chaMer school? -<N .. O'--__ _ If yes, give details: _____________________ -,-____ _ 16. Have you ever been adjudged bankrupt? ...JINLCQ'--_______________ _ 17. Have you ever been convicted or had a sentence imposed or suspended or had pronouncement of a sentence suspended or been pardoned for conviction of or pleaded guilty or nolo contendere to any information or indictment charging any felony, or charging a felony or misdemeanor involving moral turpitude, or have you been the subject of any disciplinary proceedings of any federal or state regulatory agency?~N"'O'--_____ _ If yes, give details: _______________ -'-__________ - 18. Have you ever been an oHicer, director, trustee, investment comminee member, key employee, or controlling stockholder of any business, which, while you occupied any such position or capacity with respect to it, became insolvent or was placed under supervision or in receivership, rehabilitation, liquidation or conservatorship? ...,N"'o'--_____ _ 19. Are you now, or have you been, within the past five years, a plaintiff or defendant in any lawsuit? NQ • If so, please furnish details: Dated and signed this .1 cl. day of -n"*"~"""""""~:--------- 20 0 1 ,M __ ~~~~~~---~-~ __ -~~~~--:__------~ I hereby certify under penalty of perjury that I am acting on mLown beha nd that the foregoing statements are true and correct to the best of my1<~e...;{tld-he~~f .. , (}hi ;; f«.1 ,\(/7 ~ State of County of Personally appeared before me the above named --'..L'W:.c.<l...a.~'<"7-".l4-~A.u:ll.o:-L.---I personally known to me, who, being duly swom, deposes and says t he/s e executed the above instrument and that the statements and answers contained therein are true and correct to the best of his/her knowledge and belief. SUb~ibed and swom to before me this -2 ..L day of __ ~~~&n-Ul"'I-'O:l.o!:l!l .... u~~"", __________ , 20 0 I (j (Notary Public) e ,,1Ol!i~ii!sWY My ~mm"" ."""-~~_""i'll STATE OF TEXAS ... /1/\ ~ • NoIatyPullllc A ~ C.mra ElQ. CI2I22I2OO4 ~.......--c::r- 69 00134 RFA 701-01·004 SAS·A511 ~. '3 • . TEXAS EDUCATION AGENCY ., OPEN-ENROLLMENT CHARTER SCHOOL APPUCANT BIOGRAPHICAL AFFIDAVIT (MUST BE TYPED and NOTARIZED) Check all that apply: IKl Member of the governing board of the sponsoring entity o Member of the managing board for the charter school It should be understood that a board member's resignation is not effective until a replacement is duly appointed by the board and a board member may be personally liable for any actions taken by the board. o School. administrator Full Name of Sponsoring Entity and Name of Proposed Charter School: Town Of' Westlake -WestlAke Academy In connection with the abovlHlamed organization and charter school application. I herewilh make representations and supply information about myseH as hereinafter set forth. (Attach. addendum or separate sheet If space hereon is insufficient to answer any questions ful/y.) IF ANSWER IS "NO" OR "NONE", SO STATE. 1. Full Name (Initials Not Acceptable): DOnald Robert Redding · 2. Have you ever had your name changed? ~ If yes, give reason for the change: -b .Maiden Name (if female) c.Other names used at any time , 3 . Social, Security ,.u",ua~ 4. Dale and Place 01 Birth: s. Business Address: N/A Business Telephone: 6. List your residences for the last ten (10) years starting with your current addreSs, giving: •. DATES ADDR;;S~ ~~~9~62 ZIP COO;; 19SC -Present 67 RFA 701-01-004 SAS-A511 0013;) ~ -~ "'" • • TEXAS EDUCATION AGENCY " OPEN-ENROLLMENT CHARTER SCHOOL APPUCANT BIOGRAPHICAL AFfIDAVIT (MUST BE TYPED and NOTARIZED) Check all that apply: IKl Member of the goveming board of the sponsoring entitY o Member of the managing board for the charter school It should be understood that a board member's resignation is not effective until a replacement is duly appointed by the board and a board member may be personally liable for any actions taken by the board. o SchoO! administrator Full Name of Sponsoring Entity and Name of Proposed Charter School: Town Of' Westlake -Westlake Academy In connection with the abovlHUlmed organization and charter school application, I herewith make representations and supply information about myseH as hereinafter set forth. (Attach . addendum or separate sheet H space hereon is insufficient to answer any questions lully.) IF ANSWER IS ·NO" OR ·NONE", SO STATE. 1. Full Name (Initials Not Acceptable): DOnald Robert Redding · 2. Have you ever had your name changed? ~ If yes, give reason for the change: b.Maiden Name (H lemale) c.Other names used at any time 3. So~al. Security Numbe~ 4. Dale and Place of Birth: 5. Business Address: N fA Business Telephone: 6. List your residences for the last ten (10) years starting with your current eddreSs, giving:. DATES 19aO -Present ~~~~ '"". ~~f1,9~62 ZlfCOOE 67 RFA 701-01.004 SAS·A5ll 0013:i Q --::-. .<...I 7. Education: Dates. Names. Locations and Degrees CoIIegeKansas State university. Kansas ',. -BA Electrical Engineering/BuSiness Admin GraduateShKfIes ______________________________________________________ __ ~e~ __________________________________________________________ __ 8. List Membe~hip in Professional Societies and Associations: __ .:..;N.:../A:..:..... ____ -:--_______ _ _____________________________________________________ 9. 10. List complete employment record (up to and including present jobs, positions, directorates or officershipS) for the past twenty (20) yeB~: DATES EMPLOYER ADDRESS TITLE 1961-1991 IBM Corp Various various Engineering , Sales Mngmt. 1991-1994 IBM Corp Ft. Worth, TX Currently Retired 11. Present employer may be contacted: Yes Former employers may be contacted: Yes Marketing Consultant No No (Circle One) N/A (Circle One) 12. a) Have you ever been in a position which required a fidelity boncl? __ ..;.;N"'O _____ __ " any claims were made on the bond, give details: ________________________________ _ . b) Have you ever been-denied an individual or position schedule fidelity bond, or had a bond cancelled or revoked? ____ N ..... iaL-___________________________________ _ If yes, give details: ________________________________________________ _ 13. List any professional. occupational or vocational licenses issued by any public or govemmentallicensing agency or regulatory authority which you presently hold or have held in the past. (State date license was issued, issuer of license, date terminated, reasons for terminalion):-,.==""T"<'TZ""O;-""'"....!"'D.,.,. ...... """""'-::--rr ...... _""'r-__ _ 1975 Federal Aviation Administrahon (F'U) P .. lou Cert:l.ficate -(current) 14. During the last ten (10) years, have you ever been refused a professional, occupational or vocational license by any public or govemmental licensing agency or regula tOil! jIAlth0rity. or has such license held by you ever been suspended or revoked'!· It yes, give detaUS: _____________________________________ _ 68 RFA 701.o1..()04 SAS-Asn 00136 t==\-~S 15. Wi. you or members of your immediate family be employed by (direclly or through contract) or receive remuneration from the proposed charter school? _..::N",o __ _ "yes: give details: ________________________ _ 16. Have you ever been adjudged bankrupt? __ N_O ______________ -'- . 17. Have you ever been convicted or had a sentence imposed or suspended or had prO/lOuncement 01 a sentence suspended or been pardoned for conviction of or pleaded guilty or nolo contendere to any information or indictment charging any felony, or charging a felony or misdemeanor involving moral turpitude, or haw you been the subject of any disciplinary proceedings of any federal or state regulatory ag~~_~N~O~-------If yes, give details: ____________ ......:. ___________ _ 18. Have you ever been an offICer, director, trustee, investment committee member, key employee, or controlling stockholder ot any business, which, while you occupied any such position or capacity with respect to it, became insolvent or was placed under supervision or in receivership, rehabilitation, liquidation or conservatorship? _N:.:;O=-_____ _ 19. Are you now, or have you been, within the past fIVe years, a plaintiff or defendant In any lawsuit? Yes . II so, please fumish details: Plaintiff Reddinq vs . Town of . Westlake, Defendant Hillwood corp. vs. Scott Bradlet Etal, PlaintIff countersU1 1 to above Dated and signed this ___ day ot _____________ _ 20 ,at I hereby certify under penalty of perjury that I am acting on my foregOing statements are true a nd correct to the be$! of my kno ----- (Signaturei.ot Affl6nt) State of \ S1::,(, O? County of ",0 rro >c t the , PersonaUy appeared before me the above named D ·vo ~ d. ~~, d personally known to me, who, being duly sworn, deposes and says that helshe executed . the above instrument and that the statements and answers contained therein are true and conect to the best of hislher knowledge and belief. Sub~btid and swom to before me this _';::.::::=' ..... 0 __ ......,.'"" day of .)0 'L>' I C' ..--........ ,20 b' \ (NotarY Public) (SEAL) My commission expires roe, . '" ~ ~~~ 69 RFA 701-01-004 SAS·ASH 00lJ7 Attachment 5 Credit Report As a governmental entity the Town of Westlake doe not have a credit report. 00138 Attachment 7 Newspaper Notice of Public Hearing As a governmental entity, the Town of Westlake is required to post notice of all public hearings. These notices are attached. 00139 rown of Westloke, Texas htlp~/www.WCSlloke.lX.orgi , ... r" WlJere's Westlake I The Big Brea/mp I Headline Ne.t'S I Around Westlake I J'irtu~J TOJf'Jl Tourl TIle Town Hall I Meetinll Axendas I Welcome to tbe online borne of the Town of Westlake, Texas. News for the Town's residents: Westlake 5th grade students are encouraged to participate in the Arbor Day National Poster Contest. The national first place winner will receive a $1000 savings bond and other rewards at the National Awards Weekend in Nebraska City, Nebraska. Click here for more infonnation on the contest. There will be a meeting of the Westlake Academy organizational team on Tuesday, January 23, 2001, at 7:00 p.m. in the South Dining Room on Campus Circle. Everyone is invited to attend. The section of Dove Road between Pearson Lane and Precinct Line Road wil1 be closed for approximately four months. We are in the process of rebuilding all of our streets beginning with this section. We are sony for any inconvenience this may cause. The timing is not the best but could not be helped. I Be aware that there are people working in Westlake who are after Westlake HistoT.F your money. See Headline News at the left for more information. What's Changed I SearcJl This Site I lJfore Web Links. I There are new pictures of the Fidelity Investments campus construction progress under the Virtual Town Tour tab on the left. Trophy Club· Westlake Department of Public Safety For anyone who would like to assist in police, fife and emergency medical services operations, a DPS Auxiliary is being fonned. Call David Brown at 817-431·2879 if you are interested in the auxiliary. And for those of you wishing more participation, the DPS is looking for volunteer flft fighters. Call the Trophy ClublWestlake fire chief at 817-430-1911, ext. 204 if you would like to learn more about this. Do you have a high school student looking for a college scholarship? Texas Student Housing Corporation may have an answer for you. Please explore this site and learn about Westlake, its past, present, DOHi) l=\.""-\ 01124120013:01 P IV1~ll~UpUllld1.1 1 I nUlld.,. '~'ru.1'J J. 1"1 OlQ)I,1N:o. .......... tftwt WJt ~alla.f Jlorn\llg)tr~ ......... c .. 01+ _ ••••••• I'A. C Offictalskeep fingers crossed in charter .. school bid By J_illlC Jord.n 1eI",_ TOWII .lIcilk 11" .... If, '-linl It.. CN4C0fM.1. Slat. Bou, 01 EM.lion c:ocnnMtaec" review Gill wi ..... chMcr .. Ilooh _, .... Frid.,. Bllt \he ..... 'MIII't be c:ItoaUII OIIlhe Kllools '" ror ......... 1. In rac .. they'll be Ilopirw. __ ltdIool .... ·1 ,"ue Ihe c" •• lOW. would W .. to ",ve • ch.,.cr, 1M wlletttcr it ', • NW one Qf •••• ha", becn Ioued eM docsn' •• ate •• illc,enct 10 ".," Wt.d"~ MI)'Of ScolIBndlcy said .• State committee reviewing original 18 facilities ~c .mel." _-..4 I_ .... JC-dYe !he tern __ d apply (ar ill OWYI CUM' Ithool 10 open in 2001 willi 400 .tudcn&l. Oll1er sdIooI. IfC ,uWid)' funded tchoak Ihll .. c freed (10111 • IIwnkr of •• pliliona for Inditia ... 1 public tchool. ill order 10 ,ncaura" iMOYaliVi ._1- lion.1 ."..oeche •. ou, die .... c. which lil_" open-enroll. IaCnl charten 10 120, hili ill fill. Tow". luder •• f. c.ounlinl 011 the .tll~ IC".kIIt. _. dlaRen to ".1 w. .... u .ill hi .... &INt . I. .ddil...... eM ~ II labbyinc '1'''' • lrp.llcivc ,... ~a1Ji ... (Of • ~ 01 ._ chuter khool •. A .&IIe le.i.I.live CDmI1\iMlfepotl ,ekaKd in I-Ic Oec.c:mbrr poi"lc4 0u1 AUlMfO\ll ,..oblcms with dwt&f' tt:hool •. "We',. 'Walch",. ", lind 'M". ~. ........ Uut 11M: monlUll,um, Hid Town M .... la T,e'" Pcfly. "We'le rilhl in the middle or it ." 'WatlaIc .............. ""'-wriliaa . ~ .... IioII'" rncu. : -ow potiUOII i .. ,. ,.', ..... out I r.IIc ,ottCept bcaulC oac •. rwa.oIl1tcta: If.", fitted. .. Mt.1'c1lJ. .. Nt. "w.~" not '.liNt cbc po'W" ... ia she repan. n.: cwd)' thiaa M don'l IYppOI1 ;. """'1 • monloriwn oa it. The CGtKept tI II! Iood .... kcpRlm .. 'i ..... rt .. ihc ...... (1111 I' chut" tchoofs, .pp .. wed ill I"'. md wilb ~ comm.iltn ill 41111, JIlUlIly lad 'le,I'.11 TOWN. 2N , • ..... ..". ..... '""" !I!t;t Town hopes for charter school Cutlnurll Ir •• ",1 IN. welC ,i",,, II ti .. o( 1ICfftS 10 '0" fCC' berOfC thi. week, Slid DeEna C.llberuon. • Tuu £cIYt.Uon AlclK, spokuwomllL "When the ct.arta sthool. wei •• pproved in .,9), d.e, weft WlICd ......... n Ihal ... JOO4. for live , ....... MI. ClllbcrborI laid. .. AII.hc encl. lhe PfOCCU ill pi," i.s kllCMW ef hOI fCReW IMM char- Ie, •. " ,.oblcm, fIIISC. rr.... late III. diu. (mane'" qwJliont. dcfK'ilS .nd u..ull"ttiul d .... coilcdiOl'l, MI . CllibatIoA .. id. "All of &hem W 1GIftC.lllin, ",incw Ihdlhc., Mcdcd w." (",cd bcfOfe .twy could ,d the dlaner "nt'«d ... · M •. C,lbeI1IoIlllid. Some probkml 'a'CfC InOla R - ,i,"*,. l'hc NediClI CcnltC a.-ner StlIIN,1 i" ttowlM .cc.,de.. • S107,1" .rKiI ill ill (_ddaa sutCMCftts. '-t.. Culbcl1lO11 said. MaftJ 1dtooI. Ilan bee_ aWt II ClpI.in ... coned p,oWcms .iIII h:w c ....... 0.:.. 1CMoI', 19',090 .,rtci. wa' clu,," ... .act it " opcnIina in 1M blac.t., M,. CulbaUoe Dill. AMt1w:, ac.hooa·, .fieit raveled f,OAl' tr~ popafIIiClI enOf'. "Mott orahcm wen ,We to ... • ~r 10 she boal. is 10 wUI lhe ,.~ wac... dIIc ..... Joha Ikoob. • fOON"'~ wi ... Min ..... ~iOllCOtlN .. ifl. Group. which WII hilCII Ie kelp WeIlLakI .nih its ell ... , school IPPficlfi .... ~GftCoIM ... al.·. Ill","'" " • llfOII, IiMIKial btcki"1- Mr. Ikoob was ill "wi. lhis wcet. u ,. ... of .noIha Aftr"-· cncc. buI be 1M \he GffOC1'Unicy lQ vi.ill ........ le·. chll\cf 1(.0001 . orr,", ..,... •• wi •• _eat _ ..... poW ~ dine sdMtob.c ,01 .. ,10 fue in tk,nicwproccll, ...... id. "So ..... j ..... ie .... • II·, .. to .. eofN'lliaee 10 de · cWC ................. lIlhal r.iI CO 1Mkc .. COItKlio ... "11Iis it Ihc r.r... ,.... .r IC' M ..... • Ma . ~ tIIid. "A! with ....,.. .. , IIIOCiMH wit" this peocas. lwaytN"I iI nnr." I. * 1'MUIriInc. Wadlkc ofli · cia" Ail lhIy .. e .iMin, po.i Ii"'~ ",,',. pallPpcrwniry, ... lhiGl ...... II ready rot. c ..... c .ct.ooI, ........... u ..... , Ikowr ..... -so jf .. act '" 0fIII'0"WIitl we·It ........... S."oori"'~ k ,ctXA. , ....... CG. ~." . O-'H~ •••. 4'161. Strategic Planninll Session TOWN OF WESTLAKE, TEXAS NOTICE OF INFORMATIONAL MEETING TO THE CITIZENS OF THE TOWN OF WESTLAKE, TEXAS: -- Pagetofl Notice is hereby givcn that there will be an infonnational meeting at 7:00 p.m. OD Wednesday, January 17,2001 in the Marriott Hotel. 5 Village Circle, in thc Town of Westlake. Tcxas. The agenda is as follows: I. Meeting called to order. 2. Discuss creating a Charter School in the Town. 3. Adjournment. CERTIFICATION I certify that the above notice was posted on the frODt door ofthc Town Hall ofthc Town of Westlake. 3 Village Circle. Suitt 207. Westlake. Texas, OD Friday. January 12.2001 at 5:00 p.m .• under thc Open Meetings Act, Chapter 551 of the Tcxas Government Code. , b (3 Ginger Crosswy. Town Secretary http://www.westlake-tx.orglagendaslwaOI1701.htm 00142 ~. "-1.2 0210912001 Strateeic Planning Session TOWN OF WESTLAKE, TEXAS NOTICE OF INFORMATIONAL MEETING TO THE CITIZENS OF THE TOWN OF WESTI..AKE, TEXAS: Page 1 ofl Notice is hereby given that there will be an informational meeting at 7:00 p.m. OD Tuesday, January 23,2001 in the SoU1h Dining Room, Campus Circle, in the Town of Westlake. Texas. The agenda is as follows: 1. Meeting called to order. 2. Discuss creating a Charter School in the Town. 3. Adjournment CERTIFICA nON I certify that the alxive notice was posted on the front door of the Town Hall of the Town of Westlake, 3 Village Circle, Suite 207, Westlake, Texas, on Friday, January 19, 2001 at 5:00 p.m., under the Open Meetings Act, Chapter 551 of the Texas Government Code . .> a t5 Ginger Crosswy, Town Secretary 00143 httn:/Iwww.westlake-tx.owalZendaslwaOI2301.hlm 02/091200 l~' "'1 ~ Strategic Planning Session TOWN OF WESTLAKE, TEXAS NOTICE OF STRATEGIC PLANNING SESSION TO TIIE CITIZENS OF THE TOWN OF WESTLAKE, TEXAS: Page 1 ofl Notice is hereby given that there will be a Strategic Planning Meeting at 7:00 p.m. on Tuesday, January 9,2001 in Suite 207, 3 Village Circle, in the Town ofWest1alce, Texas . The agenda is as follows: 1. Meeting called to order. 2. Discuss creating a Charter School in the Town. 3. Adjournment CERTIFICATION I certify that the above notice was posted on the front door of the Town Hall of the Town ofWestlalee. 3 Village Circle, Suite 207, Westlake, Texas , on Friday, January 5,2001 at I :00 p.m., under the Open Meetings Act, Chapter 55l of the Texas Government Code . A. -6 Qbb 0 =-'Ii Q Ginger Crosswy, Town Secretary 00144 httn·llwww.we ... 1alec-nc .ON/al/cndas/waO!09Ol .htm 021091200 1 Fl· "'4 Attachment 8 Public Hearing Registration Log Westlake Academy Informational Meeting January 23, 2001 -7:00PM Please print your name and the other requested information if you desire to be added to the mailing Jist of people interested in the creation of Westlake Academy. Name Address Phone # E-mail Westlake Academy Informational Meeting January 17, 2001 -7:00PM Please print your name and tbe otber requested information uyou desire to be added to the mailing list of people interested in the creation of Westlake Academy. Name -, i ··n .~ ,'.J u Address Phone # ;,.',.. . I "" l f .I!! l I!'-I-.. , ~ ~.: .. t l .' V .. .'# .. \ Fax# E·mail n'" t ' v,,~· .;) Westlake Academy Informational Meeting January'tJ, 2001 -7:00PM "'-1/J.. Please print your name and the otber requested inform:ltion if you desire to be added to the mailing list of people interested in the creation of Westlake Academy. Address , I Phone # Fax # E-mail t~t~ I«:Q.~ . (' . .. ~ 71f:.of lN CLvf;, 1Vl~? ' .. -"-'"'"""" rOf· .. < c.Q.(/Y1 IO c.. mire. 2 c:.-OOrled c.ree..< TC 1i,,2b2 1::-moil 00147 I Westlake Academy Informational Meeting · January,..v1, 2001 -7:00PM ('I Please print your name and tbe other requested information if you desire to be added to the mailing list of people interested in the creation of Westll1ke Academy. Name Address Phone # Fax # E-mail f; r&d! 6et ~. Attachment 9 Synopsis of Meeting n~j5Q ~-5D Synopsis of Meeting Informational public hearings were conducted on January 9, 2001 7:00 p.m. Town Hall Solana Westlake, TX January 16, 2001 7:00 p.m. Solana Marriot Westlake, TX January 22, 2001 7:00 p.m. IBM Cafeteria Westlake, TX The presentation, at each informational meeting, was conducted by three members of the Millennium Education Consulting Group. Each presentation was an extensive overview of the charter school concept which included: History of charter schools in the United States and in Texas. History of Westlake Academy Application Process Proposed curriculum Financing of the charter school After the hour and half presentation, time was made available for a periOd of questions and answers. Q. If I work on a charter committee, will my child be guaranteed a place in the school? A. No, an open-enrollment charter accepts students on a first come, first served basis. Q. Will students with special needs be accommodated? A. Absolutely, an open-enrollment charter school is a public school and does not discriminate on any basis. Q. Is there tuition? A. No, as other public schools, there is not cost associated with attending an open enrollment charter school. Q. Will the students wear uniforms? A. This is a decision to be made by the Board and committee members. Q. Where will the school be housed? A. The City Manger is currently in negotiations for the property . As soon as the town is at liberty to release this information, it will be made available to the public. OOi S~ Attachment 10 Business Arrangements The financial commitment of the Town of Westlake is reflected in the instrumentality resolution attached . ~0153 I A RESOLUTION ORDERING mE CREATION OF A NONPROFIT CORPORA nON PURSUANT TO mE TEXAS NON-PROFIT CORPORATION ACT, APPROVING ARTICLES OF INCORPORATION AND BYLAWS FOR, AND APPOINTING 1HE IN1TIAL DIRECTORS OF, mE CORPORATION, APPOINTING CERTAIN CONSULT ANTS, AND RESOLVING RELATED MA TI'ER,S WHEREAS, this Board of Aldennen (the "Board"), as the governing body of the Town of Westlake, Texas (the "Town"), hereby find that it is in the public interest that a non-profit corporation (the ·Corporation") be created under the T~xas Non-Profit Corporation Act (the "Act") to act On behalf of the Town as its duly constituted authority and instrumentality, within the meaning of the Internal Revenue Code of 1986, as amended, for the purpose of providing educational services and facilities; WHEREAS, the Act empowers, among other things, the Corporation to acquire a charter, pursuant to Chapter 12, Subchapter D of the Education Code (the "Education Code"), provide education services, and acquire, finance, and operate educational facilities aDd facilities related thereto, as contemplated by the Education Code andlor other law; WHEREAS, it is the intent of this Board that the Corporation shall have all powers authorized under the Act and other law to enable it to apply for and obtain a charter under the Education Code and provide education services and acquire, finance, and operate educational facilities and facilities related thereto, as contemplated by the Education Code, the Act, andlor other law; WHEREAS, the Act authorizes the Corporation to issue . revenue bonds ("Bonds") andlor to enter into other obligations ("Obligations") that, among other things, will facilitate providing education services and facilities and facilities related thereto; WHEREAS, no Bonds or Obligations of the Corporation will constitute obligations (whether special, general, or moral) of the Town; WHEREAS, the Act provides that the directors of the Corporation are to be appointed by the Board; WHEREAS, the Articles of Incorporation (the "Articles") of the Corporation shall provide that no modification of the Articles or the Bylaws (the "Bylaws") of the Corporation shall take effect unless approved by this Board; WHEREAS, this Board intends, by the adoption of this Resolution, 10 talce all action necessary 10 order the creation of the Corporation with all of the corporate powers and authority granted under the Act and other law; WHEREAS, the meeting at which this Resolution has been considered was open to the public as required by law, and public notice of the time, place, and subject of the meeting has been given in accordance with Chapter 55 J, Government Code; NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WES11.AKE, TEXAS: SECTION J. The findings and declarations contained in the preamble of this Resolution are hereby incorporated as part of this Resolution. 00154 TAM lllOl2OOl ~I -.. I SECTION 2. This Board hereby finds and detennines that it is in the best interest of the Town and its . inhabitants that the Corporation, to be named as specified in the Articles, be created pursuant to the Act to act on behalf of the Town as its duly constituted authority and instrumentality for the purposes and with the powers and authority prescribed by the Act and other law. SECTION 3. This Board hereby orders the creation of the Corporation and approves the Articles in substantially the ronn attached to this Resolution as an exhibit, and hereby authorizes the incorporators of the Corporation (as identified in such Articles) to file the Articles with the Secretary of State in accordance with law. In the event that the name for the Corporation specified in the Articles is not available, the incorporators are hereby authori:z.ed to change the Corporation's name in the Articles without the further approval of the Town. . SECTION 4 . This Board hereby appoints the pelSons identified in the Articles to serve as the initial mem bers of the board of directors of the Corporation. SEcnON 5. This Board hereby approves the initial Bylaws of the Corporation in substantially the form attached to this Resolution as an exhibit SECTION 6. It is intended that the Corporation be a duly constituted authority and instrumentality of the Town within the meaning ofTegulations andlor revenue rulings of the Treasury Department andlor the Internal Revenue S~rvice of the United States promulgated under Section I 15 of the Internal Revenue Code of 1986. SECTION 7 . With respect to the Town and its instrumentalities, the Board of Aldennen hereby appoints Larry Williamson as financial advisor, Thomas Alien Moon as finance counsel, and lenkens & Gilchrist, P . C. as special finance counsel. SEcnON 8 . This Resolution shall take effect immediat ely upon its adoption. 00155 TAM JIlQI200J ,,' -- •. J.,. PASSED AND APPROVED ON TInS 12TH DAY OF FEBRUARY, 2001. ATfEST: ~ ~~ TreJlt peny:TO:n;;gcr APPROVED AS TO F L L. 00156 Attachment 11 Notice of Intent As Appears in Local Newspaper 00157 I. • PUBLISHER'S AFFIDAVIT I solemnly swear that a true and correct copy of the Notice of Intent to Apply for Open Enrollment Charter was published in THE KEUER CITIZEN, a newspaper having general circulation in the counties of Denton and Tarrant, and that the dates that said issues of the newsPaper bore in which such notice was published were January 30, 2001. A copy 01 the notice as published, clipped from the newspaper is attached hereto. Pam Nolte, Classified Ad Manager THE STATE OF TEXAS COUNTY OF TARRANT § § § SWORN TO AND SUBSCRfBED BEFORE ME Pam Nolte this 6th day of February, 2001 , to certify whiCh witness my hand and seal of office. Notary Public, State 01 Texas Printed Name or NotarY My commisSion expires 00158 ________________________________________ -=~~-5, Attachment 12 Verification of Mailing Notice was not mailed to the Town of Westlake since they are the sponsoring entity. Notice was sent to each member of the Tarrant County and Denton Country CommisSioner's Court. !)OlS) ----. . --, u.s. 'Postal Service ;.-. , ... • _ _. CERTIFJED MAIL. flECEIPT :-. , .. ;(Dotn!?Slic~ltJrt;Y;~~'{ISIJ"'Rc:e CDvcrogt>""'~dpd) 0-~ I 0 _ _ Certified FH ~IooII'"Rec:_F .. ~ {En~oraernent~ I--'l..::":<--i\<::>~ CI CI 00161 l'l 6" - ~ Q .. - tn I j 70'1'1 3~00 OOl! '1377 1.232 ~~I~i : if if ",I" '~! I" I "'.~~It-_ 1 3 § 0 "'L ' . ~.i i' -~ ! -:jl:~jh"l • f. f' " ~ -v. L:. qf\" Do ~~ 9 Z ~ .. ~ ~:>.} ! ~i 3 ~.j ....... ",-"ol~1 1 I I '" ;-,",__ I -~: iiK.1 -'<I r :rl -,; ~l -......K ~ II\~ ; i ~hjj <:I-,,---, i '\) t;:\-: i :'--: ·1 ~: i j :.~ : , 1 • 7D'I'I 3~OD 0016 '1377 ~ IiII m i Iq{ ~ . [I f! ~ f _.1 _I I ~ .. G ~ ~ • > e • 5 S j ! ~ g 1; 0 .. .!l .. 1) ;; I • 5 g I '1 SENDER: I also wish 10 receive the loIk)~- DComp1aIeI.ma1 andhw2tor ~"Mce.. Ing services (fof,." tiki,. tea): ~ IIfIIM 3, Ca. anti (b, oP"",.our nil"" and addrtu on IhII ,.....r'. of ..... 1otrft eo11'l" _ an "Iurn ItM 1·0 Addressee's Address eatcilo ,ou. o M.di rtN Jonn 10 ..... I,DI'll 0I ..... ~. 01 on tt.-block II _pac_ ~ no! 2. 0 Restrtcted ~;very ...... OWfh 'R«um~ R~Dn"""'~"" betowh attitIa numb9f. D The Rltlu!A Rec.llpll'" shoYI to M10tn ....... *n cWYenld lind the dale davltftld. 3. Miele Addressed to: -•. Artlcla Number.t;<' 7 () 1?vb/Jl"cJ~/,'fd.el {t, ~b. Servfce Type I{ON' !J-cc-f(:;,y 5t· J.; {)A-D A_'.,od .~ CeIti'iod o Express Man 0 Insured J)e<lt-f'lj"iff J~:z 01 o Return AeceJpllor Men:blMIIII!I 0 COO 7.oa'ttlJz \.. ~~ .lID - 5.~1ved By: ("""" """,oJ B. Addressee', Address (Only if requested lind fee is pakl) S. SignalUf8 (Addressee CK Agen,) -- PS Form 3811, Oeeember 1994 -,t)2rg.;-9Q-8.a22:J Domestic Return Receipt SENDER : a COlf'llNt,IIem& 1 8hdrIOf 2101 edcItionaI MMceI. ........... ,.~ ... ;; .... - I elso wish 10 receive the follow, Ing services (IOf an artIe lee): CGmpIM htM 3 ..... Ind 0«1. C PrinI ~NmI.1'III ~_, on the rtVtlr .. on'" tDfm 10 thl' we C«r'I te!um"" c.rdto)'OU. Q AnKh IhII fOrm to 'he honI.,. .... tMiJ,piKil. or on IN bade K spice doel no! ..,.... 1. 0 Addressee's Address 2. 0 Restricted Delivery DWIlta 'Aervm n.Cflpt AecrtM!.to:roolM maiI~ be40w It!e ar1lde f1IIJ1ber. a"" R"um ~ IMIIP\OW 10 -.om Ihe Ittide "'a' de~d ~!he"'" del"'lrad. 3~Jj;,'.~'O fit ~ e 1/ (1 0 tJ· Vl!. (( ~4 Pl1I--j(.JiJ1 "5"10<; +e. I it 0 ~~rsv.'/{e.)r( 7{{)67 401. Mide Nurratier 4hServico TVP'/I o Regis,er.d /' ..mCenWiM o E)Cpress Mell OtnsurM o Return Receipt IGf Merchandtse OCOO 7. Dllte 01 Del~,! ,yO t 8. Addressee's Addrei, {0iJiy II ,.qU1eled IIIId I .. Is poldJ ~ 6.Sii¥4'~1·~tUr 1. Alia I .~5QS .... &-0n3 OomesHc Return Receipl f .e i i 0: .. ~ A • ~ j -.. 1 I ~ ~ II: { ~ ~ ~ i :J) .. ~ <:) Q 1-- (;:") (..) 70'1'1 3'100 DOH '1377 b2Sb Uh -} 'l r;> 1 fi ~ < -~ l'TO '''1\ ..., _1 I I i ru" ",.,uu UU.MU ....... ~ ~f f ~ i ft f II !! 4 -I [ ~ ~ i· i" i l i'i'it -~ i SENDER: -;; ~ E • oCorT1l/e14 .em. , Itdor 2 lor ackltioNl""', ~' ..... J." •. and.b. [] Pltnl your,..". lind eddr ... on 1hIo,.....,.. of "'" fann 110 that ... can ,.tum Ihis .... to,... [] A\tech IhIl 101m to lM.onI of.,. mlllplllC:e. or on the b'" K IPMl8 don not ....... 5 OW". ·...,Im RkwIpf IteqwJlfHron1h. mllIpIeoe ~ th' .... nta"nbef. C [] JJw Return AeoIipI wit IIhoW kI..tw:Nw the -"de .,.. dtl¥.«i .m ..... o -. ..... I a lso wish to ,ecetYe the follow- Ing services (lor en exira fee); 1. 0 Addressee's Address 2. 0 A.",k:ted Oolively j 3 . .AJ1k:1e Addres.ad to: 40. Mid. N'"'"'Z,.;2 . (p2. /"().T(p5eX{ciJ.e- 4b. So"*'-type o Aoglsle<.d ~JtiHOd o E.:press Mail Olncured .. I J j f S,; "'~':;;~b-.6 LClrr-tJ Wo.yl(. 1{()Il? f D ReIUrnAece\plforMerchanriise DCOD .. , 0 7. Date of I}~ve!y / - r 1 .. • ~ ~ ~ 5 g I t u iii (.r-;u. C;? ~;it. tJ 8. Adckeasee', Address (Only if ~.$'I too Is paid) 'lind IO:!5tfi .gg·II .Q223 Domesllc Rat .. n Receipt SENDER: o ~ ItIIN , .... Of 2101' 1dctItl000seMcM. ClImpIMI l.n'II :., '1, .m .b. I .110 .... sh to receive the follow· Ing 1MI.vk:es (lor an ext'. lee): o f"rWyout.,.". end~ lilt ,.,...,..111" 'DlIII 10 hI ... CIIn return tN. card,o you. 1. 0 Addressee's Add,ass 2. 0 Aeoiriclod Oolively o Mad!. .... tonn to .... hnt til "1NIIpIiIce, DI' on .. NdlM ~ dMII nol -. ow'*-• .cwum ~~on""~ below'" afticHnumbef, o The Retw-n ~ wIIihow to...nom ... artId. was dtlYer.cl.-:lWW dale dflfvet.d. 3 .... ~~e Add, ... ed':----48, Article NUfllb., iJ, ;:;l.r: t 53rt)vJt{C()/J..5 4b,SeMcoTy-- J I fI.-1/ J /) 0 AegISiored . ' t) W' fT1 CI\. pr{ :3 Y. TIl DE.", ........ -n ~ ..v(/ I -1 D Retum R"*PIio< ".",flandlo. c;J/D-11 ( ~ Jr. I ..r. Is> :z O( 7. Dole 01 .~ / ~-eX.-/-O ~1I1od Din ... od DCCO 8 . Addressee'. Adckeas (Only II (CtQUfJ,'ed ~ t .. ts ".id) 1I ~ ;. Jl "'P::S:"F=-orm-'3"e"1"1-. -[)oc-._--,-'-GG--4------J...--''''''-.. -,-.. -.• -... --.. "-'00'"-m-.. -.IIc.,-,R"'.-,"'-n---"R-oc-oIpf.,- l " Ii ~ i I I ~ 1 ~ J! g, '" ~ .. • ." 1i • ~ > ! ~ g ." • .. Q. ~ " !; 0 .. .!! SENDER: I also wish to receive the follow- C~items 1 wwJ/Or2b ~~. lng services (tor an extra fee): ~I ilems 3, ... and 4tI. OPnnt your I\ame and aciOteG on Ihe r..-1tlU ofth~ 101m 10 tNt 'life c.an flltum II'M$ wcIto}QI. 1. a Addressee', Address a Altaa. this !arm to \FIe fronII of !he rnailt:iee., or on UW boJdr i1 ~ dOet nell 2 . a Restricted OeUvery ,...... c wm. '$i-'tJJn R«»iPl A~ on !he ~ beIcM the allic:ll number. C ThII Return ReceIpt will IhoW to 'llhQm lhe articIl ..... S deliYelWd and ... dale "'~ . 3 . Artlde Addressed to: 7 y;~ hv1je:f.t>rrfF Jfi1tJ C-tJ~tJ~,", Fr-vJor~ k7~(fC 5F\ec'iVed~N8~ h/~ 6. Signa ture (A cldreSS •• rx !(gaOl) r"[",., " , -PS Form 3811, Oecern.t>er 1994 r-r- "' rr "" .... Q Q Q Q ,.,... ..... ' •. Micte Number {p / z ;, 4b , Service Type ~certified o Registered o Exp ress Mall ,,,..,..eo o R~um ~e caiPt lor Merchandl5e Deoo 7. Cate of De livery B. Addressee's Address (Only if requested and frlfl is paid) 102595-15-6-0:223 Oomesbe Retum Receipt ~Ql G ; .., ..... . C C I .. is paid) • • • ~ -• -~ -•. -!" .- C Total P~I.QIt "hIlS 5 ~ ro~~~~~~~~~~~~~~h.;;';~;=--------~ .... .... o r- ... • l! • • i ~ • :Ii e e i i e " ! ~ e .. .! SENDER: I also wish to receive the follow- c CompIete"-,= 1 hl'or 2 tot adcMiDMt ........... ~ 1lemI3, ... and "b. log services (tor an extr8Iee): C PrVtt your name &nil adchU on"" nNe". at ... torm saN .... c.n nttum 1hi5 wei to t'O'I. ,. 0 AddrH58e', Address c AA.tI .. Iorm 10 the bQftI 0I .... ~. or on .. bK* if ~ doe. no! 2. 0 Restnct.d Delivery _L c Writt "AMmI F/euipI R~ on 1M fI'IIIiPKa below 1M aItiCII: 1'H.II'\tIet'. C The Fl8IUITI ~ wiU Ihow 10 whom the oIItide ...... deIftoered ¥Id the dale -... 3 . Article Addressed to: Q, Arnde NUmber, ;l.. 13 (!q Ie, '1 ~l(fJ1)~ 4b, SIIMee Type l!(Certified o Regislered If) 0 c: r./IJ1A o Expre .. Mall 0'_ e Rttum ReceClt tOi Men:hllndiH oeoo fA-. tJar~ YR. 7~/1~ 7. Oa .. of Denvery . j 5. Receiv .. B~' ./_/~ . .. 8,,~r.SHe·s Address (Only il reqUl15led and .. ispMI) 6. Signa ... (Add_ or AflMO) FEB 0 1 7nn1 PS Form 381 1, Oocembe r.l994 co .... o o o ~ r.;;;"';;"""--;;;;:;;"'iVN~';;;""_"'~' PM~~,,~: .... ~"'~1"~.~";:;:''''''''''~~''<1;;;:CY;:-:;:;:::::.;-----' IT" ·';i;uft,!t.1.·PO ·~iio"~·!··t:tr.--i'.""j}""'"'''''''''''''''''' ~ . ..J '£i'fP;.~.~ei! .. t. .... ~£._-t:P.'j:"Tifr '''''''''''' 00166 ~ SENDER : • c Corrdete hemI 1 IndIot 2 lot acIdilIonaI ~. • Coornpetl •• ms 3, 4a, n ctI . ~i 0:: r:-yau..narM tnd ~ on the ,..,..,... 01_ Ion'n 50 thai .... can relurn Ihs _ a ~ .. 101m to the IrMIt of N~, 01 m 1N ~'''PIce Goti not -. C wn.. 'Return ~ Requtst.a' on Ihl rnailpi8l;t: ~ tI'Ie ,!'Ide nutTt>er . o The Rei&.m ~ ... ~ SO.nom the ~ was a.liv-ered ~ h dtlll ~. . "0 3. Attide AddTeS$8d to: I alsO 'Msl'l 10 receive the foUoYr ing services (for an extra fee): ,. 0 Addressee's Address 2 ·0 RestriCled Ool.,.,,\, i i ! e t ;,.{U h' ~ 'K~ VeA~~1 f\ /) ! f) f) c; 215-r waf{;~;;'11 4a Artide Number ~ 4b. Service Type o Room.ted t/ ; _/ ;; ~f1itied a: Ft· tJH f(~1t. 16/1' 5. Received By. (PM .... '" ru O,nsured J o RelU'" Receipt lOr Men:hanQiSe a coo h;,,-~:7~~~---------------------~ 7. Dale 01 Oelivery ~ o Express Mail ... :1 J!; ~L-----~-'--~7r--~--~~~~~ r- r- fT1 IT" ~ Tot., POI'-ga & fe., $ ::r fT1 IT" 1·~:'~t~,n,J'.!:~·ir'dY!:~5.·';f",·~:t· .......... · .... · .. ·-l IT" c r- 00 ' ,~~ .I. 0 I ~-bb ... • ... .. • ~ • ~ • = c 0 ... • 1i 'li E 0 u l; 0 .. .l! SENDER: I also wi sh 10 receive 1he tollow- c ~ ilenw 1 IrtIJIOt 2 tot aocIIionaI~. CompIelIt ilem5 3, ~, .00 4b. iog $ef'\liCes (tor an extra 188): C Pm 'fOIl' name lna.ddtM' on IN AWerse 01 this tal1'II 10 lim We can ,e(l.Im ltus o Addressee's Address ca rdkl you. 1. C AItad\ ... farm M)!tIe tronI 0I1he maiI!McI. or on tI'It bac:JI ft6pllCl!l doe, not 2. o Restricted Delivery -. c Wru. 0Rltr&.wn R.c4ipr IfllqutHtetr DI1 !he ~ below !he aI1ide rune.r . o the Aellom RICeipt Wl1 tnow lei 'IIIIt'IOI'TI the artide ... .,..~ .ncI11'I8 <*. dQlNlNed. 3 . Article Addressed 10: 48. Article Number ~;;.b 3 Ci/If-f/.. ; lY ff-JJ,/I-e 4b. Service Type ~~rtifi ed /! (? UJ.;jc(;,fv,/ ?r/It"t¥' D RegiStered o Express Ma il Cllnsured D0te,,/ ----¥ 7620( o Retum Aeceip110r Merd'landC5.e ClCOO .I ' 7. Dale 01 Delivery 02-/-O( 5 . RectN~~:. (Print NtmS) ,CJ) "'1 j/ e. Addressee's Addre ss (Only it requested and 6 . Sj9na!~ddr4ISSH Of AJ}lInt) PS FOtm 3811 , December 1994 m .Jl ru ...a lee is pJJid) 1~5~~3 Domesne Relum Ae cetpt .' .. -. ,,:. . '.' ,-~. . ,', I Pos:tag t Is i--'-"'+--! l"- I"-m a-. c..,ift*d Fee- .., ... Q Q A -10'"1 / I a!SO wish to receive the 10Uow- ing services (tOf an extra tM): ,. 0 Atk:lressee's Address 2, CI RestriCted Delivery 4b. Service Type o Registered ~""ed o Expcess Mail o Insured o Rerum R~c~' lot ~rrhanOLs. o COO 7 . Oate 01 Delivery leturn Receipt OOlG3 i SENDER: I atso wish to receive the tolfow- ing services (IOf an extra tee): .. • i , -Cl Addressee's Address 2. C1 Restricted OeIiY8l)' I f 48. Article Nutnbe'g{ H _ JiM C22rrer-4b .SeMceType j . 0 Registere<l ~rtifjec:l-1/ t? w ,d,c.k'~o'! St-' 1-;/JfJ«.r D Express Mail Dlnsurod t .J-____ 0 A~um R«eip\ to t ~l'ChanCItsf CJ COD 7)&1 J Olf) /1" 16;(0! 1.7."-0.= .. ::;;01 O;;:;"C:::iVe:::--'¥t;-,-,---.2 :r :r ..... '" l"- I"-m ... co .... CI CI CI CI :r IT! rr " OL' "0 ( ! 8. Addressee', ADdress (Only it requestlti and 1 lee js paid) ... ~ f~~Jh~:'~~'·~~~;[·~~~':;Y.";"·",,·?r.~··t.[~f.~::.,,,,_,,.j 00170 Attachment 13 Schedule of Salaries 00171 Proposed Salary Schedule Chief Executive Officer Principal Business Manager Teacher Academic Counselor PErMS Clerk $60,000 -$90,000 50,000 -$80,000 35,000 -$55,000 35,000 -$55,000 35,000 -$55,000 25,000 -$30,000 ODIn A-t'i' Attachment 14 Sample Employment Contract The Board is in the process of working with lawyers to prepare various employment contracts. nn f OJ ' \,IUJ.,,,,J Attachment 15 Employment Policies A detailed and thorough Faculty/Staff handbook is in the process of being compiled. Attachment 16 Administrator's Affidavit r ,-. I TEXAS EDUCATION AGENCY OPEN-ENROLLMENT CHARTER SCHOOL APPUCANT BIOGRAPHICAl AFFIDAVIT (MUST BE TYPED and NOTARIZED) Check all that apply: @ Member 01 the goveming board 01 the sponsoring entity o Member of the managing board for the charter school .It should be understood that a board member's resignation is not effective until a replacement is duly appointed by the board and a board member may be personally liable for any actions taken by the board. o School administrator Full Name of Sponsoring Entity and Name of Proposed Charter School: ______ _ Town of ~estlake Ve.tlake Academy In connection with the above-named organization and charter school application, I herewith make representations and supply information about myself as hereinafter set forth. (Attach addendum or separate sheet if space hereon is insufficient to answer any questions fully.) IF ANSWER IS "NO" OR "NONE", SO STATE. 1. Full Name (Initials Not Acceptable):~T~r:ee:J:IDJ:.t..JO"-.J!.Pe.etl:ltColl'r--____________ _ 2 . Have you ever had your name changed? !!2.-1f yes , give reason f or t h e change: -----i b.Maiden Name c.Olher names used at any time ----------------.....,..-----i 3. Social Security Numoer:, 4. Date and Place 01 Birth: - ____________ _I 5. Business Address: ;i3~~~~~===================~ Business Telephone: 6. LiS! your residences tor the last ten (10) years starting with your current address, giving: DATES 99 - 67 CITY AND STATE ZIP CODE A-'15 RFA 701-01-004 . ~AS-ASJ1 , , f ~. , . 7. Education: Dates, Names, Locations and Degrees College' Texas Tech Uni" .. rsity -MPA ,City Management 1986 Un~versity of Texas of The Perm1an Bas~n -SA pai1t1cal SClence 1984 Graduate Studles ____________________________ _ Othe~ _______________________________ ~ ___________________ ---- 10. Ust complete employment record (up to and including present jObS, positions, directorates or olficerships) for the past twenty, (20) years: 1998 -Present Petty & Associates, Inc. Keller, TX Pres1dent 1997 -1999 ? CMPA,Inc Grapev1ne, TX Pres1dent 1992 -1997 City of grapenne GrapeV1ne, TX C1ty Manager 1990 -1992 Cl. ty ot 9ra~Vl.ne Grapevl.ne, 1i X Assistant City ManagE! 1985 -1990 Cl.ty of LubbOck LUbbOcK, IX Assistant co the City l'1anagez 11. Present employer may be contacted: Former employers may be contacted: No No (Circle One) (Circle One) 12. a) Have you ever been in a position which required a fidelity bond? ...... N"'o"-___ _ If any claims were made on the bond, give details: _________________ _ b) Have you ever been denied an individual or position schedule fidelity bond, or had a bond cancelled or revoked? ..... N"'o"-________ -------------If yes, give details: ______________________________________ _ 13. Ust any profeSSional. occupational or vocational licenses issued by any public or governmental licensing agency or regulatory authority which you presently hold or have held in the past. (Stale dale license was issued, issuer of license, date terminaled, reasons for termination): ______________________ _ 14. During the last ten (10) years, have you ever been refused a profeSSional, occupational or vocational license by any public or govemmental licensing agency or regulatory authority, or has such license held by you ever been suspended or revoked? NQ If yes, give details:---------------------'I"0r10,.....~ ":7'""' 7~- 68 RFA 701.01-004 SAS-ASll , .... 15. Will you or members 01 your immediate family be employed by (directly or through contract) or receive remuneration from the proposed charter school? .I1N"'o'--__ _ "yes. give details: ~ ___________________ ...,.-___ _ 16. Have you ever been adjudged bankrupt? .llN!l:OL...-_________________ _ 17. Have you ever been convicted or had a sentence imposed or suspended or had pronouncement of a sentence suspended or been pardoned lor conviction 01 or pleaded guilty or nolo contendere to any information or indictment charging any felony. or charging a felony or misdemeanor involving moral turpitude. or have you been the subject 01 any disciplinary proceedings of any lederal or state regulatory agency? ___ N_O __________ _ If yes. give details : _.,.._---------------------------------__ - , 8. Have you ever been an officer, director. trustee , investment committee member, key · employee. or controlling stockholder of any business, which, while you occupied any such position or capacity with respect to it. became insolvent or was placed under supervision or in receivership. rehabilitation, liquidation or conservatorship? _N"'o"-_____ _ 19. Are you now, or have you been , within the past five years, a ptaintiff or defendant in any lawsuit?NO . If so, please furnish details: Dated and signed this Sib? day of 3"o..p ... a r-'- \ 20 OJ .at _____ ~ __ ---__ ---__ ------__ ~~~ __ ~--_-----I I hereby certify under penally of perjury that I am acting on my own behalf , and that the foregoing statements are true and correct to the best of my ~n~'le"~;!.:_.? . (signatureoi~ State of T UClh County of To ".-00\ Personally appeared before me the above named ---'Lem Q. ~e~~ personally known to me, who, being duly sworn, deposes and says that hels executed the above instrument and that the statements and answers contained therein are tNe and correct to the best of hislher knowledge and belief. Subscribed and sworn to before me this -''Q;=Q...J.. ______ ~ day of =r,..,o ("" 0 ~~ 120 0, \ ( Notary Public) (SEAL) LCRILItOMK tit( corllS"CH f)(PIfS t.lay3.21104 .J I 69 My commission expires ~;"> F' ~~,~<--- 00 ' "i .; RFA 701-01-004 SAS-ASl! _ '" '" Attachment 17 Organizational Chart tHH 79 Westlake Academy Organizational Chart Principal Teachers Counselor Westlake Academy Board of Trustees Staff Executive Director Business Manager , PEIMS Clerk OOISG Attachment 18 Letters of Credit I Private Sources of Funds The attached instrumentality resolution reflects financial commitment from the Town of Westlake. 00181 j A RESOLUTION ORDERING THE CREATION OF A NONPROFIT CORPORATION PURSUANT TO THE TEXAS NON-PROFIT CORPORATION ACT. APPROVING ARTICLES OF INCORPORATION AND BYLAWS FOR, AND APPOINTING THE INITIAL DIRECTORS OF. TIlE CORPORATION. APPOINTING CERTAIN CONSULTANTS. AND RESOLVING RELATED MATTERS WHEREAS. this Board of Aldermen (the "Board"), as the governing body of the Town of Westlake. Texas (the "Town"), hereby find that it is in the public interest that a non-profit corporation (the "Corporation") be created under the Texas Non-Profit Corporation Act (the M Act") to act on behalf of the Town as its duly constituted authority and instrumentality, within the meaning of the Internal Revenue Code of 1986, as amended. for the purpose of providing educational services and facilities; WHEREAS, the Act empowers, among other things, the Corporation to acquire a charter, pursuant to Chapter 12 •. Subchapter D of the Education Code (the "Education Code"), provide education services, and acquire, finance, and operate educational facilities and facilities related thereto, as contemplated by the Education Code andlor other law; WHEREAS. it is the intent of this Board that the Corporation shall have all powers authorized under the Act and other law to enable it to apply for and obtain a charter under the Education Code and provide education services and acquire, finance, and operate educational facilities and facilities related thereto, as contemplated by the Education Code, the Act, andlor other law; WHEREAS, the Act authorizes the Corporation to issue revenue bonds ("Bonds") andlor to enter into other obligations ("Obligations") that, among other things, will facilitate providing education services and facilities and facilities related thereto; . WHEREAS. no Bonds or Obligations of the Corporation will constitute obligations (whether special, general. or moral) of the Town; WHEREAS. the Act provides that the directors of the Corporation are to be appointed by the Board; WHEREAS, the Articles of Incorporation (the "Articles") of the Corporation shall provide that no modification of the Articles or the Bylaws (the "Bylaws") of the Corporation shall take effect unless approved by this Board; WHEREAS, this Board intends, by the adoption of this Resolution, to take all action necessary to order the creation of the Corporation with all of the corporate powers and authority granted under the Act and other law; WHEREAS, the meeting at which this Resolution has been considered was open to the public as required by law, and public notice of the time, place. and subject of the meeting has been given in accordance with Chapter 5S I. Government Code; NOW, THEREFORE, BE IT RESOL YEO BY THE BOARD OF ALDERMEN OF TIlE TOWN OF WESTLAKE, JEXAS: SECTION I. The fmdings and declarations contained in the preamble oflhis Resolution are hereby incorporated as part of this Resolution. eel8:? TAM 11l0l2001 yl A-S\ SECTION 2. This Board hereby finds and detemines that it is in the best interest olthe Town and its inhabitants that the Corporation, to be named as specified in the Articles, be created pursuant to the Act to act on behalf of the Town as its duly constituted authority and instrumentality for the purposes and with the powers and authority prescribed by the Act and other law. SECTION 3. This Board hereby orders the creation of the Corporation and approves the Articles in substantially the form attached to this Resolution as an exhibit, and hereby authorizes the incorporators of the Corporation (as identified in such Articles) to file the Articles with the Secretary of State in accordance with law. In the event that the name for the Corporation specified in the Articles is not available, the incorporators are hereby authorized to change the Corporation's name in the Articles without the further approval of the Town. SECTION 4. This Board hereby appoints the persons identified in the Articles to serve as the initial members of the board of directors of the Corporation. SECTION 5. This Board hereby approves the initial Bylaws of the Corporation in substantially the form attached to this Resolution as an exhibit. SECTION 6. It is intended that the Corporation be a duly constituted allthority and instrumentality of the Town within the meaning of reg Illations andlor revenue rulings of the Treasury Department andlor the Internal Revenue Service of the United States promulgated under Section 115 of the Internal Revenue Code of 1986. SECTION 7. With respect to the Town and its instrumentalities, the Board of Aldermen hereby appoints Larry Williamson as financial advisor, Thomas Allen Moon as finance counsel, and lenkens & Gilchrist, P. C. as special finance counsel. SECTION 8. This Resolution shall take effect immediately upon its adoption. ,. AM lJlOl2001 vi PASSED AND APPROVED ON nus 12111 DAY OF FEBRUARY, 2001. ATTEST: APPROVED AS TO F.~ •••. ~ L. Attachment 19 Start-up Budget OQ185 Page 1 Startup Budget for Westlake Academy 2001·2002 Charter School Budget Categories Temporarily Object Unrestricted Restricted Total Code Net Assets Net Assets Net Assets at Beginning of Year $0 Estimated Revenues: Local Sources 5700 $150,000 State Sources 5800 $0 Federal Sources 5900 $0 Other Sources 7900 $0 Total Estimated Revenues $0 $0 $150,000 Estlmated Expenses: Payroll Costs 6100 $100,000 Professional and Contracted Services 6200 $50,000 Supplies and Materials 6300 $0 Other Operating Costs ~OO $0 Debt Expense 6500 $0 Total Estimated Expenses $0 $0 $150,000 Gains 7950 $0 Losses 8950 $0 Change in Net Assets $0 $0 $0 Net Assets at End of Year $0 $0 $0 pP. ' r..:: , J Texas Education Agency June 96 c. Q~ Attachment 20 Three-year Budget Charter School We&tlake Academy Page 1 For the Fiscal Year Ended August 31, Year 1 Charter School -BudgetCatagorias-- Temporarily Object Unrestricted Restricted Total Code Net Assets Nat Assets Net Assets at Beginning of Year SO Estimated Revenues: Local Sources 5700 $140,000 State Sources 5800 $1,613,935 Federal Sources 5900 $40,000 Other Sources SO Total Estimated Revenues SO SO $1,793,935 Estimated Expenses: Payroll Costs 6100 i S1,13O,ooo I Professional andConlfaQed Service! 6200 I $412,000 Supplies and Materials 6300 I $180,500 Other operating Costs -6400-I S32,OOO Debt Expense 6500 -I $0 Total Estimated Expenses SO SO SI,754,5oo Gains 7950 $39,435 Losses 8950 $0 Change in Net Assets $0 $0 $39,435 Net Assets at End of Year SO SO $39,435 T"""" Education Agency June 99 1 afVI Charter School Westlake Academy For the Fiscal Year Ended August 31, Year 1 Charter School Budget Categories (Continued) Function Object Code Code InstnJction 11 P ayroU Costs 6.100 Profes$ional allCl.con1r.acted Service~ 6200 SupplieS and Materials . 6300 Other Operating Costs 6400 Debt Expense 6500 Tota/lnstruction InstnJctional Resources and 12 Media Services PayroU Costs 6100 Profes$iOAai aJld.CoAtrac:ted Service~ 6200 Supplies and Materials . 6300 Other Operating Costs 6400 Debt Expense 6500 TotallnstructionaiResources and . Media ServicM Cuniculum Development andJnstructiona/Staff 13 Development Payroll Costs 6100 Professiooal·and Coniracled SeMcel 6200 · Supplies and Materials . 6300 Other Operating .Costs · 6400 Debt Expense 6500 Toral. Curriculum. andltwtuc.tiQQalStaff . Development Texas Education AQency June 911 l , I I ! ! i. I Unrestricted Net Assets $0 SO $0 2dVI Temporarily Restricted Net Assets $0 SO $0 Page 2 Total $9<\5,000 $10,000 $120,000 $20,000 $0 $1,095,000 $25.000 $4,000 $40,000 $1,000 $0 $70,000 $0 $15,000 $3,000 $6,000 $0 $24,000 t)~l $.9 ~.£." Charter School Westlake Academy For the Rscal Year Efld.ed Aelgust 31; Year 1 Charter School Budget·Categories (Continued)· Instructional Leadership: Payroll Costs Function Code 21 Professional and-CoBtracted Servicel Supplies and Ma1eria1s Other Opera1ing Costs Debt Interest Total Instructional Leadership School Leadership.: 23 PayroU Costs Professional and-Contracted SefVicel Supplies and-Materials Other Operating Costs Debt Interest Total School Leadership Guidance. Counseling and Evaluation Services 3.t P ~roll Costs Professional and Contracted Servicel Supplies and· Materials . Other Operating Costs Debt.1ntetes1 Total Guidance, Counseling and. Evaluation Services Texas Education AQetlq. JUQ.e.99 Object Code 6100 6200 6300 6400 6500 -6 .100. 6200· 6300 6400 6500 -6100 6200 · 6300 6400 6500 Unrestricted Net Assets .$0 $0 SO act ill Temporarily Restricted Net Assets $0 SO SO Page 3 Total $20,000 $6,000 $1,500 $1,000 SO $28,500 S85,OOO $3,000 $4,000 $3,000 $0 $95,000 $55,000 $4;000 S12.000 S1,OOO $0 S72,ooO OOi9J ':harter School Westlake Academy For the Fiscal YearEnd.edAagust 31, Year 1 Charter School Budget CategOiies tcontinued~ Social Werk Services: Payrell Cests Functien Cede 32 ProfeS$ional snd·ContracteO SeNice! Suppiies and Materials Other Operating CostS. DeblExpenu Tetal Social Werk Services '-Iealth Services: 33 Payro~Costs Professional and ContraCled Servicef Supplies and Materials Other Operating Com DeblExpense Tetal Health SeNices. Student Transpertation 34 Payroll Costs . Professional and ContraCled Service! Supplies and Materials Other Operating Costs . Debt Expense TotalStuden1 transpertation Te.as Education Agency June 99 Object Cede. 6100 . 6200· 6300 6400 · 6500 6100 6200 6300 6400 65GO 6.100 6200 6300 6400 6500 I I I ! Unrestricted Net Assets SO $0 40fVI Temporarily Restricted NetAS$ets SO $0 $0 Page 4 Tetal SO SO SO SO SO SO SO 520,000 SO SO SO S20,Ooo $0 SO SO SO SO $0 Charter School Westlake Academy For the FiscalYear End~d August 31, Year 1 Charter School· Budget Categories (Continued) Function Object Code Code. Food Services: 35 Payroll Costs 6100 Professional and Contracted Servicel 6200 Supplies and Materials · 6300 Other Operating Costs 6400 Oebt£xpense 6500 To.tal Food.Services CocurricularlExtracurricular 36 Activitie5: Payroll Costs 6100 PrOfessional. and Contracted ServiC8l . 6200 Supplies afld Matetials 6300 Other Operating Costs 6400 Oebt.Expense . 6500 To.tal Co.curricularlExtracurricuiar Activities: General Administration: 41 Payroll Costs 6100 Professional and.Contracted Service: . 6200 . Supplies and Materials 6300 Other Operating Costs 6400 Debt Expense. 6500 Total General Admini$tration T ..... Education Agency June 99 I j 1 I Unrestricted Net Assets. SO $0 SO . 5cfVI Temporarily Restricted · Net-Assets SO $0 $0 Page 5 Total SO $140,000 SO SO $0 $140,000 SO SO SO SO SO SO SO S3O ,000 $0 SO SO S30,000 ~. \OC ~harter School Westlake Academy Page 6 for the Fiscal YearEn~ August 31, Year 1 Charter School Budget Categories (Continued) Temporarily Function Object Unrestricted Restricted Total Code Code Net Assets. Ne1Assets Plant Maintenance and Operations: 51 Payroll Costs 6100 SO Professional and ConiractedService! 6200 $150,000 Supplies and Materials 6300 . $0 Other Operating Costs 6400 SO Debt Expense 6500 SO Total Plant Maintenance $0 SO $150,000 and Operations Acurity anc! Monitoring 52 Services: PayroU Costs 6100 SO Professional and Contracted .$el'llice! 6200 $15 ,000 Supplies and Materiais 6300 $0 Other Operating .Costs 6400 SO Debt Expense 6500 SO T olal Security and Monitoring $0 $0 $15,000 Services: Data Processing Services: 53 Payroll Costs 6100 $0 ProfessioNiI and Contraeled Service! 6200-$15,000 Supplies and Materials 6300 $0 Other Operating _ Costs 6400 SO Debt Expense 6500 $0 Total Data pl"OI:e5Sing Services $0 $0 $15,000 00193 T_ Education Agency June 99 6O/VI c:\-\O\ Charter School Westlake Academy For the Fiscal Year Ended August 31. Year 1 Charter School Budget Categories (Continued) Community Services: Payroll Costs Function Code 61 Professional and Contracted Service! Supplies and Materials Other Operating Costs Debt Expense Total Community Services Fund Raising: 81 Payroll Costs Professional andContraded Service!- -Supplies and Materials Other Operating Cos1s Debt Expense Total Fund Raising Texas Education A\leney June 99 Object Code 6100 6200 6300 6400 6500 6100 6200 b300 6400 6500 Unrestricted Net Assets SO $0 70rYI Temporarily Restricted Net Assets $0 $0 Page 7 Total SO sa SO SO SO $0 $0 SO SO SO SO SO ":harter School Westlake Academy Page 1 ror the Fiscal Year Ended August 31, Year 2 Charter School Budget Categories Temporarily Object Unre5tricted Restricted Total Code Net Assets NetAssets Net Assets at Beginning of Year $39,435 Estimated Revenues: Local Sources S210,000 State Sources $2,420,903 F edeeal Sources. $40,000 Other Sources SO TotalEstimated Revenues $0 $0 $2,670 ,903 ":stima ted Expenses: PayroU Costs 6100 S1,710,ooo Professional and Contracted Servicef 6200 S592,OOO Supplies and Materials 6-300 S208,000 Other Operating Costs 6-400 · $74,000 Debt Expense 6500 SO Total Es.timated Expenses $0 $0 $2,584,000 Gains 795Q $86,903 L05ses 8950 SO Change in Net Assets SO $0 S86,903 Net Assets at End of Year $0 $0 $126,338 ( Te>caS Educ:slion ~ JUM99 BatVI t=\-103 Charter School Westlake Academy For the Fiscal Year EndcedAugu.st31, . Year 2 Charter School Budget Categories (Continued) Function Oblect Code Code Instruction 11 Payroll Costs 6100 Professional and Contracted Servicel · 6200 · Supplies and Materials 6300 Other Operating Costs 6400 Debt Expense 0500 Totallnstruction Instructional Resources and 12 Media Services Payroll Costs 6100 Professional and Con~ctedSeNice! 6200 Supplies and Materials 6300 Other Operating Costs 6400 Debt Expense 6500 Total Instructional Resources and Media Services Curriculum Development and Instructional Staff 13 Development Payroll Costs 6100 Professional and Contracted Service! 6200 Supplies lIfld Material$ . 6300 Other Operating Costs 6400 Debt Expense 6500 Total Curriculum and ·lnstructionalStaff Development Texas Education Agency June 99 Unrestricted Net Assets 50 $0 $0 901Vl Temporarily Restricted NetAsseJs 50 $0 $0 Page 2 Total Sl,517,OOO 530,000 S12O,OOO $45,000 $0 $1,712,000 $27,000 56,000 $60,000 $1,000 $0 $94,000 $0 $20,000 $3,000 523,000 $0 $46,000 ~harter School Westlake Academy For the Fiscal Year Ended August 31, Year .2 Charter School Budget Categories (Continued) Instructional Lea1lership; Payroll Costs Function Code 21 Professional and Contracted.Servicel Supplies and Materials Other Operating Costs Debt Interest TotallnsUuctional Leadership C;chool Leadership: 23 Payroll Costs Professional and Contracted Service!. Supplies an<! Materials . Other Operating Costs Debt Interest Tala I School Leadership Guidance, Counseling and Evaluation Services 31 Payroll Costs Profe$$ional and Contracted ServiC61 . Supplie$ 8n<! Materials · Other Operating Costs Debt Interest Total Guidance, CounseUng and . Evaluation Services T _ Education Agency June 99 Object Code 6100 6200 6300 6400 6500 6100 6200 . 6300 6400 6500 6100 6200· 6300 6400 6500 I I I I I , Unrestricted Net.Assets $0 $0 SO to of VI . Temporarily Restricted . NetAssets 50 $0 SO Page 3 Total $21,000 $6,000 $2,000 . 51 ,000 $0 530,000 $88 ,000 $4,000 $5,000 53,000 $0 $100,000 $57,000 $6,000 . $18,000 S1,ooo $0 $82,000 c::. -\ 05 Charter School Westlake Academy For the Fiscal Year Ended August 31, Year 2 Charter School Budget Categories (Continued) Social Wor\( Services: Payroll Costs Function Code 32 Professional and Contracted. Service! . Supplies and Materials Other Operating Costs Debt Expense Total Social Work Services Health Services: 33 PayroU Costs Professional and Contracted Service! Supplies and Materials Other Operating Costs Debt Expe!1$6 Total Health Services Student Transponation 34 Payroll Costs Professional and Contracted Servicel . Supplies and Malenals Other Operatin\f Costs Debt Expense Total Student Transportation .Texas Education AQeocy Juna99 Object Code 6100 8200 6300 6400 6500 6100 6200 6300 6400 6500 6100 6200 6300 6400 6500 Unrestricted Net Assets $0 SO so 1., at Vl Temporarily Restricted Net. Assets $0 $0 SO page 4 Total SO SO $0 SO SO $0 $0 $30,000 $0 SO $0 $30,000 $0 SO SO $0 $0 $0 OOj93 Charter School Westlake Academy For the Fisca~ Year Ended August 31, Year 2 ChanerSchooIBudgetCa~gories(Continued) Function Object Code Code Food Services: 35 Payroll Costs 6100 Profe$sionai and Contracted Service! 6200 Supplies and Materials . 6300 Other Operating Costs 6400 Debt Expense 6500 Total Food Services Coc;urricularlExtracurricular 36 A.ctivities: Payroll Costs 6100 PrOfessional and Contracted Service! 6200 Supplies and Materials . 6300 Other Operating Costs 6400 Debt Expense 6500 Total CocumcularlExtnlcurricular Activities: General Administration; 41 Payroll Costs 6100 I PrOfessional and Contracted Service! 6200 Supplies and Maleriala 6300 Other Operating Costs 6400 I Debl Expense 6500 Total General Administration unrestricted Net Assets $0 SO Texas EducationAgBnC)' June 99 12 c:I VI Temporarily Restricted Net Assets $0 $0 $0 Page 5 Total $0 $210,000 $0 $0 .$0 $210,000 $0 $0 $0 $0 $0 $0 $0 $40,000 $0 $0 $0 . $40,000 00193 Charter School Westl~ke Academy Page 6 For the Fiscal Year End~d August 31, Year 2 · Chaner School Budget Categories (Continued) Temporarily Function Object Unrestricted Restricted Total Co$ Code. .bIet Assets NetA5.uts Plant Maintenance and Opera lions.: 51 Payroll Costs 6100 $0 Professional and Contraded Servicel 6200 $200,000 Supplie5 and Materials . 6300 $0 Other Operating Costs 6400 SO Debt Expense S500 SO Total Plant Maintenance $0 SO $200,000 and Operations · Security and Monitoring 52 Services: Payroll Costs 6100 $0 Professional and Contracted Service~ 6200 520 ,000 Supplies and Materials 6300 SO Other Operating Costs 6400 SO Debt Expense 6500 $0 Total Security and Monitoring SO SO $20,000 Services: Data Processing Setvices: 53 Payroll Costs 6100 $0 Professional and Contracted Service! 6200 $20,000 Supplies and Materials 6300 $0 Other Operating Costs 6400 $0 Debt Expe nse 6500 $0 Total Data Processing Services SO $0 $20,000 Texas EducatiOn Afjarcy June 99 13 arVl ~_ \O~ Charter School Westlake Academy For the Fiscal Year Ended August 31, Year 2 Charter School Budget Categories (Continued)· Community Services~ Payroll Costs Function Code 61 Professional and ContractedSeNicel Supplies and Materials Other Operating Costs Debt Expense Tota~ Community Services . Fund Raising: 81 Payroll Costs Professional and Cont~cted SeNice ! . Supplies and Materials Other Operating Costs Debt Expense Total Fund Raising. Texas Education "<laney JuneS9 Object Code 6100 6200 6300 6400 6500 6100 6200 6300 6400 6500 Unrestricted Net Assets $0 $0 140/ VI Temporarily Restricted Net Assets $0 $0 Page 7 Total $0 $0 $0 $0 $0 $0 SO SO $0 $0 $0 $0 · ~harter School Westlake Academy Page 1 r'cx the Fiscal Year End~ Aug",st 31, Year 3 Chaner$choolBudgetCaregories Temporarily Object. Urues1ricled Restricted Total Code Net Assets Net Assets Net Assets at Beginning of Year $126,338 Estimated Revenues: local Sources $280,000 Slate Sources $3.227,870 Federal Sources $40,000 Other Sources $0 Total Estimated Revenues $0 $3,547,870 ":stimared Expenses: Payroll Costs 6100 $2,355,000 Professional and Contracted Servicef 6200 $753,500 Supplies and Materials · 6300 $291,500 Other Operating Costs 6400 $96 ,000 Debt Expense 6500 SO Total Estimated Expenses SO SO 53,496,000 GaIns 7950 $51 ,870 Losses 8950 $0 Change in Net Assets $0 $0 $51,870 Net Assets at End of Year $0 $0 $178,208 00202 T e>caS Educallon ~ncy June 99 1501 VI Charter School Westlake Academy For the Fiscal Year· Ended Allgust 31, Year 3 Charter School Budget Categories (Continued) Instruction Payroll Cosls Function Code 11 Professional and. Contracted Servicel . Supplies and Materials . Other Operating Costs Debt Expense Total Instruction Instructional Resources and 12 >1edia Services Payroll Costs Professional and Contracted Servicel Supplies and Materials Other Operating Cosls DeblExpense Total Instructional Resources and . Media 5efvices Curriculum Development and Instructional Staff 13 Development Payroll Costs Professional and Contracted Servicel Supplies and Materials Other Operating Costs Deb\Expense Total Curriculum and Instructional Staff Development T e><as Education Agency June 99 Object Code. 6100 6200 6300 6400 ' 6500 6100 6200 6300 6400 6500 6100 6200 6300 6400 6500 Unrestricted NelAssets SO SO SO 16 of VI Temporarily Restricted Net Assets SO $0 SO Page 2 Total S2,145,000 $40,000 S180,000 $75,000 SO $2,440,000 $30,000 $8,000 $75,000 $2,000 $0 $115,000 $0 $20,000 $4,000 $14,000 $0 $38,000 fll)<)-'" \I " ; .. -.) 0 .. , \ \ Charter School Westlake Academy For the Fiscal Year Ended-August 31, Yur:3 Char1er School Budget Categories (Continued) Instructional. Leadership: Payroll Costs Function Code 21 Professional ancl-ContractedSeNice:· Supplies and Materials · Other Operating Costs Debt Interest Totallnstruclional Leadership School Leadership:. 23 Payroll Costs Professional and .Contracted Service: Supplies and Materials · Other Operating Costs Debt Interest Total School Leadership· Guidance, Counseling and Evaluation Set\liee$ 31 Payroll Costs Professional and Contracted Service: Supplies and Materials · Other Operating. Costs Debt Interest Total GuiQance. Counseling and EvaluatiOll Services June 99 . Object Code 6100 6200 - 6300 6400 6500 6100 6200 6300 6400 6500 6100 6200 6300 6400 6500 Unrestricted Net Assets $0 $0 $0 17 <tVt Temporarily Restricted Net Assets $0 SO $0 Page 3 Total $22.000 $7,500 $2,500 $1,000 $0 $33,000 $92,000 $5,000 $6,000 $3 ,000 $0 $106,000 S66,OOO $8,000 $24,000 $1,000 $0 $99,000 Charter School Westlake Academy For t~ Fiscal Year -EnqedAtlg,-,st 31, Year 3 Charter School Budget Categorie-s (Continued) SaciaI Wodt-Sel'vU:u; Payroll Costs Function Code. 32 Professional and Contracted Service! Supplies and Materials Other Operating Costs Debt Expense Total Social Work Services Health Services; 33 PayroU Costs Professional and Contracted Service! Supplies and Materials Other Operating CosI.5 Debt ExperlSe Total HeallhServices Student Transportation Payroll Com Professional and Contracted Service! Supplies and Materials Other Operating Costs Debt Expense Total Student Transportation Texas EducalionAcency June 99 Object Code. 6100 6200 6300 6400 6500 6tOO 6200 6300 6400 6500 6100 6200 6300 6400 6500 Unrestricted Ne1Assets $0 $0 $0 18 of VI Temporarily Restricted NelAssets $0 $0 $0 Page 4 Total $0 $0 $0 $0 $0 $0 $0 $40,000 $0 $0 SO $40,000 $0 $0 $0 $0 SO $0 Charter School Westlake Academy For the Fiscal Year Ended August 31, Year 3 Charter School Budget Categories (Continued) Food Service$:. Payroll Costs Function COda 35 Professional and Contracted Servicef Supplies and Materials Other Operating Costs Debt Expense Total Food Services o;ocurricula rlExtracurricular 36 Activities: Payroll Costs Professional and Cont racted Servicel Supplies and M ateria/S Other Operating Costs Debt Expense Total Coc:unicular/Extracurricular Activities: General Administration:. 41 Payroll Costs Professional and Contracted Servicel Supplies and Materials Other Operating Costs Debt Expense Total General Administration . Texas EducaUon Agency June 99 Object Code. 6100 6200 6300 6400 6500 6100 6200· 6300 6400 6500 6100 6200 6300 6400 ·6500. Unrestricted NetAssets. SO $0 $0 19o(VI Temporarily Restricted IlletAssets $0 . $0 $0 Page 5 Total $0 $280,000 . $0 $0 $0 $280,000 . $0 $0 $0 $0 $0 $0 SO $45,000 $0 $0 SO $45 ,000 00206 Q_ I I >..l Charter School Westlake Academy Page 6 For the Fiscal Year Ended August 31, Year 3 . Chaner School Budget Categorin (Continue¢j Temporarily Function Object Unrestricted Restricted Total Code Code Net Asset$. Ne1.Assets Plant Maintenance and Operations: 51 Payroll Costs 6100 SO Professional and Contracted Se:viCef · 6200 $250,000 Supplies and Materials 6300 $0 Other Operating Costs 6400 SO Debt Expense 6500 $0 Total Plant Maintenance . SO SO S25O,Ooo and Operations 1ecurity anti Monitoring 52 .:>ervices: Payroll Costs 6100 $0 Professional and Contracted Se:vice! 6200 $25 ,000 Supplies and Materials 6300 $0 Other Operating Costs _ 6400 SO Debt Expense 6500 $0 Total Security and MonitOring $0 SO $25,000 Services: Data Processing Services: 53 Payroll Costs 6100 SO Professional and Contracted Service! 6200 $25,000 Supplies and Materials -6300 $0 Other Operating Costs 6400 SO Debt Expense 6500 $0 Total Data Processing Services . S25,000 00207 Texas EducatiOn Agency June 99 20 of VI ~-\ \ 5 Charter School Westlake Academy For the Fiscal Year End~d August 31; Year 3 Charter School Budge! Categories (Continued) Community Services; Payroll Costs Function Code.. 61 Professional and Contracted Service! Supplies and Materials Other Opera~ng Costs Debt Expense Total Community Services Fund Raising: 81 Payroll Costs Professiona l and Contracted Service! Supplies and Materials Other Operating Costs . Debt Expense Total Fund Raising Texas Education Agency JUne 99 Object Code 6100 6200 6300 6400 6500 6100 6200 6300 6400 6500 Unrestricted Net Assets $0 $0 21 of VI Temporarily Restricted Net Assets $0 $0 Page 7 Total SO $0 $0 SO SO SO SO $0 $0 $0 $0 $0 00208 (:).-\ \ \" Attachment 21 Cash-flow 00209 ~ , , ,., <::) <= N .... Q c .... Flow PrtljodIon _ V, , For 11\0 F~ V_ Ended AugusI 3111, ",200=2 __ _ NeIn. clChIIW 6choof We .... Ac!demy CoNed! Per... ~"'-==Jud="",--_____ _ TI IIIJIhoM ~(9"'-"2),-,l!:n-"."I,,OO,--____ _ "_ ... hM .... 0 .. -!!Le"lr.c. C .. hl .... ~~ , .... ...000 115000 II~OOO _ .. ........ "74.,. IU41. • $40000 L 101 .. fIi.l:'dpI& . '>1,," In.t •• 1171 UI CMIiIo..t .... -04,87 114117 ... ,fl7 ...... =.~ ...,00 . . " .. .. , .. .... .-. '2<>.000 Itlooo ..... """'-" .. , .. "'.'" '".16' -. "'000 , .. "" ... -::VfII.!ONr U~ ... """ --"""'.b'_ ... """ := PVreN,.ef .-F .......... -'''' ~OhtC .... , .... c"" ""'-"11.U7 ,,10,11 l'IAJ In ...... -.. CI."~to ~ ... CIuteN. ...... -.121t1 .... -$"at 1 ...... -~1I1 "UIl ..... , -J •• 110000 sn.14. It,.. tAl 1'It '17 "'00 In 000 "'150 JIG .... ..... _ ,,5,m .... - ~U74 r.. -'" -, .-... - ... -115000 115GOO 115 000 ,.UOO In414. 1124 U. In. ,All In. ,oil il2' H' 112' 141 1124 '4' 1'14'11 _ '139 I., ,.,., I,'H'. ItH'AI .,:sf I.' Ita' t~, "241411 1t2, 151 ,t .. 'I' 114 'I' it. 1111 1M K7 It. ,., I'M tI, ".,&7 I" 103 11700 .. "" "',. .. ,,. "'00 ..... ..... ... , .. .15000 115 OOD 11000 u_ .,.000 I)_ "GOO m_ 111750 II' 7$0 ....... .... " . ""50 .. 160 ".11< .." . ,,5000 II~'" 'W'" ..... IS"" 111 .. " ... ,,, ... .. ... . " .. ., ... """ "'" . " .. ..... ..... "SA.1t7 "51.117 1142 '17 "3tel7 "4] 1t 1 Sl07411 ,'07411 ---.lJ)4el~ ....... {l12 <lIS' ., .. " I"'~ ,,, ... ,1115 73t ste 11' "04M ...... ",." l:ZO ,.7 ,,,,,. Ite 421 "'''' I.IH' IU"'! § : 00211 § ; . M - Q. \ \ • ~ { 1 " i <i I "';;; 1 ~j • e!l' ~ 1 .. n • .. w :i .g I 1 • " .p ~ o.~ ~ jil! il ... ~ 11 '" I . ~ <3 ... z § • ... ~ ~ • • i • • ! • 1 . B · .• • , • ~ ~ • ~ ~ j • ~ • ~ l l > ~ i • i ii ~ ~ ~ ~ I ;-~ • ~ I • ! ! ~ • ! ii ~ !. !/ • :: ;: II i ~ ~ • :; ~ = & ::: ;; § ~ ~ R • -~ ~ ! . II i I ~ ~ ! ~ ! " II · · ~ : : ~ ~ S Ii ;: § E = ~ • :; = I ! ::: ::: II Ii Ii ~ ~ • · ~ 5 · ::: § • § • ! I I ~ ! ~ a ! • - ~ ~ • i = ~ ;; • i I i ~ • ~ :; .J J i i j I] ~ c ! 1 ~ ] ~ ~ ~ .. • • ~ ~ : y II § i ~ -~ ~ 1;: ~ : 0 -~ ~ 5 ;; II II ~ II II • ::! 8 • S ~ ::: , • = ! ;; ~ II II ~ § § , s !. • ~ ::: ~ 0 : ~ ~ · :;; · ;; ~ II ~ § !! ~ so I ~ • ~ a 0 : ~ ~ ;; 5 II ~ § 8 ~ :;; ~ i ! :; ;; a :; -~ 5 ;; 5 § ;; § § ~ ;. ~ :; ; -:; = ~ ! • · ;; · § · § II ~ . ~ · ~ a a ~ • 5 :-~ ;; • ~ II ~ II !! !! ~ ! :; :; 5 a = • ~ " Ii ~ § · II ~ ~ 2 ii • --• s ~ ~ ;; G ;; ;; • · II ;; II ; Ie ;. i • -:; a : a -5 · . !i ~ ~ II ~ II a i g ;:} ;; a ! ;; = § ~ E II ~ · i 0 ;; ; ~ iii ~ ~ ! :: ~ I ! 11 . 11 t. 'i ~ Udh " "pi ! I!~ 1 ~ ~ ! 'it iI~fl ~i :1 6j ~ 5 81'" m ~! • I:! ja J:l ucl! • • w 00212 Attachment 22 Busi ness Procedures Handbook 00213 ~-\~\ BUSINESS OFFICE PROCEDURES MANUAL 00214 A -/22.. TABLE OF ·CONTENTS 00215 -. -- Section A I. TABLE OF CONTENTS PURCHASING Purchasing Authority Purchase OrderslPurchase Requisition Order Completion Back Orders Charge Purchases Receipts Payment Policy n. REQUEST FOR REIMBURSEMENT SectionB I. Guidelines EMPLOYEE TRAVEL Authorization Travel Arrangements Travel Expenses Travel Reimbursement II. STIJDENT TRAVEL Meals Section C I. FIXED ASSETS Guidelines II. INVENTORY Guidelines 00216 Section D 1. EQUIPMENT REP AIR Guidelines ll. WORK ORDERS Section E I. Guidelines PAYROLL PROCEDURES Check Issuance Payroll Cycles Enrollment Deduction Changes W -4 Information ll. SUPPLEMENTAL PAY/OVERTIME Guidelines Section F I. LEAVES AND ABSENCES Pre-approved Not pre-approved II. VACATIONREGULA1l0NS Schedules Regulations Vacation Requests !HJ:217 A-/2-S Section G 1. MISCELLANEOUS Mail Processing Faxing Supplies Insurance Fonus Damaged or Lost Property Injury Reporting Heating/Cooling Requests 00218 SECTION A I. PURCHASING II. REQUEST FOR REIMBURSE1ffiNT 00219 FI-\;2..'1 Section A 1. PURCHASING PurchasiDe Authority The employee must have verbal or wrinen approval of the Superintendent, business manager, or campus principal before purchasing or charging supplies or materials. Purchase requisition procedures as outlined in this manual will be followed for all District purchases. Students are not allowed to purchase or charge items for the District. Purchase Orders!l'urchase ReQuisitions All purchases for which the District is responsible will be made through the following process: 1. Payments will be made through the business office by purchase order (Exhibit B) only. 2. Submit requests for supplies or materials on requisition forms (Exhibit A) to the campus principal or supervisor. These forms are available at each campus or through the business office. After approval, the requisition is to be forwarded to the business office for authorization and processing. 3. Requisitions must be filled out completely and must be coded for budgetary account distribution. Signatures of the employee and campus principal or supervisor must appear at the bottom of the form. Information concerning whether the purchase order & requisition is to be mailed, faxed, or returned to the employee for phone ordering should also be included. Order Completion The yellow copy of the requisition will be returned to the employee with the purchase order number recorded at the top. This copy should be retained by the employee until the order is complete. On completion of the order the yellow copy, with all packing slips attached and the completion date noted, will be forwarded to the business office for payment processing. Back Orders Sufficient time needs to be allowed for delivery of supplies or materials within the school year. The employee is responsible for notifying the vendor concerning hack orders or reordering. Charie Pwchases 1 00220 Periodically it is necessary to charge supplies or materials at local businesses. Verba! approval from the campus principal or supervisor must be obtained prior to any charge purchases being made. Recejpts It is the responsibility of the employee to forward receipts for all charge purchases to the business . office within 3 days. Payment Pol jcy Payment procedures will be as follows: I. Vendors will be paid for goods purchased by the District only after the business office has received a proper invoice, all pertinent receipts, and the yellow copy of the purchase requisition from the employee with the order completion date noted . 2. All payments will be approved by the Superintendent and/or business manager. 3. All payments will be submitted to the Board for final approval at the regular meeting on the second Tuesday of each month. Checks will be issued the next day. II. REQUEST FOR REIMBURSEMENT District purchases made by an employee with personal funds can be reimbursed through the following process: I. Retain all receipts. 2. Obtain a reimbursement of expenditures fonn (Exhibit C) from the business office. 3 . Complete and rerum the reimbursement of expenditures fonn to the business office for approval along with all receipts. The request will not be processed without valid receipts. 4. The request will be processed for payment during the next accounts payable cycle. 2 00221 o. I ~ Q SECTIONB I. EMPLOYEE TRA VEL II. STUDENT TRAVEL 00222 Section B 1. EMPLOYEE TRAVEL AuthQrization District employees must obtain verbal approval from the Superintendent, campus principal, or supervisor before travel ammgements are made. Travel ArraDi~ementS . Employees may request the business office to make travel arrangements. All necessary information concerning the trip will be submitted to the business office with ample time for arrangements to be made. Travel arrangements may also be made by the employee. A credit card nwnber C.lIIl be obtained from the business office for use when making amwgCIDeDts. The most economical means should always be taken into consideration when making any arrangements for which the District will be responsible. Arrangements for travel by school vehicle are to be made bye-mailing the maintenance department. Except in emergency siruations, requests should be made at least 3 days prior to the trip. Travel Expense:; Employ ees may request cash for travel expenses. Cash adv ance procedures are as fo llows: 1. Obtain a cash advance request form (Exhibit D) from the business office. 2. Completed form will be returned to the business office no later than 3 days prior to needed cash advance. 3. Obtain a cash advance verification form (Exhibit E) after returning from trip. 4. Completed form will be returned to the business office along with all receipts and any cash remaining within 5 days upon returning from trip. Receipts must equal the amount of money spent. District credit cards can be issued to employees when cash is not preferred. Receipts for such expenses and credit cards will be turned in to the business office within 3 days upon reruming from trip. Travel Rejrnbt!!'S(rnent 3 00223 Travel expenses paid for by an employee with personal funds can be reimbursed by following these procedures: \. Retain all receipts. 2. Obtain a reimbursement of expenses form (Exhibit C) from the business office. 3. Completed form along with valid receipts anached will be returned to the business office within 5 days upon returning from trip. The form will not be processed without receipts. 4. The reimbursement will be processed for payment during the next accounts payable cycle. II. S11JDENT TRAVEL Recommended student meal prices are S6.50 at the district level, S8.OO at the regional level, and SIO.oo at the state level for each meal including tip. Meals for ovemight trips may average this amount. Employees must obtain a purchase order (Exhibit B) from the business office for student meals for which the District is responsible. Requests must be made at least 3 days prior to trip. Employees will be responsible for selecting places to eat and determining if the establishment will accept a purchase order. for payment. Receipts for student meals will be forwarded to the business office within 3 days upon returning from trip. All other questions concerning student travel are addressed in the Travel section. 4 00224 SECTIONC 1. FIXED ASSETS II. INVENTORY 00225 Section C I. FIXED ASSETS A fIXed asset is an item purchased by the District and will remain fixed in one location. These are items that will have a lifetime use of at least 5 years and value of $500.00 or more. Such items are desks, chairs, tables, computers, etc. All fixed assets purchased by the District are assigned an inventory number for tracing purposes. A black adhesive backed sticker, with the assigned inventory number indicated on it, is affixed to the item after payment has been made. lD cases when it is not pcssible for the adhesive sticker to be affixed to the item, the assigned inventory number will be written on the item with a permanent marker, and kept on file by the fixed assets coordinator. II. INVENTORY When an item is moved from one location to another, an inventory receiptltransfer record form (Exhibit F) will be completed by !he employee and retwned to the fixed assets coordinator. If an item is damaged beyond repair or lost, an inventory removal form (Exhibit G) will be completed by the employee and returned along with the adhesive sticker, when available, to the fixed assets coordinator. AIl annual inventory of school property will be conducted each spring and District employees are respcnsible for verifying and accounting for all fixed assets assigned to the employee. 5 00226 SECTIOND 1. EQUIP:MENT REPAIR II. WORK. ORDERS 00227 Section D I. EQUIPMENT REPAIRS All employees must have verbal or wrinen approval of the Superintendent, business manager, or campus principal before any equipment is scheduled for repair. Employees will be responsible for selecting a vendor to repair the equipment and determining if the vendor will accept a purchase order for payment. The most economical means should always be taken into consideration when making repair arrangements for which the District will be responsible. II . WORK ORDERS Work order procedures wiD be as follows : I. Submit a work order request (Exhibit H) to the Superintendent. These forms arc available at each campus or through the administration office. After prioritizing, the request wiD be forwarded to the maintenance supervisor by the Superintendent 2. On completion of the job, the work order, with the completion date noted, will be forwarded to the Superintendent by the maintellllIlce supervisor for fmal approval. 3. The work order will be forwarded to the employee initiating the work order by the Superintendent for signature of approval. 4 . The work order should be resubmitted until the work is satisfactory. 6 00228 SECTIONE 1. PA YROLL PROCEDURES II. SUPPLEJ\,ffiNTAL PAY/OVERTIME 00229 Section E I. PAYROLL PROCEDURES Cbeck Issuance Payroll checks will be issued on the 25th of each month. Should this day fallon a weekend or during a school holiday, checks will be issued 011 Friday or the last day of school before the holiday. Payroll checks will be issued early only when an employee will be out of town on the scheduled pay date. Verba! approval will be given by the Superintendent and/or business manager. Payroll Qlc!es The annual pay cycles will be as follows: Professional Personal I2·month employees II·month employees IO·month employees Secretaries, Clerlcs, Aides 12-month employees lI·month employees IO-month employees Maintenance and Food Service 12-month employees 9-month employees EnrQlIment July I·June 30 August l·July 31 Sept. I.August 31 July I-June 30 August I-July 31 Sept. I-AUgust 31 Sepl I·August 31 SeplI·May31 Enrollment for payroll deductions occurs during teacher inservice in August. [)eductioD Cbanecs Payroll deduction change procedures will be as follows: 1. Obrain a payroll deduction change form (Exh.ibit I) from the business office. 2. Complete and retum the payroll deduction change form to the business office by the first of 7 00230 the month. This is necessary in order for the change to be effective for the current pay period. Deduction changes for the Winkler County Credit Union should be handled directly through that institution. Employee Tax Informatjon Employees will complete a oew W-4 during teacher ioservice in August each year. This information may be updated as needed during the year by obtaining a new W-4 from the business office. The new fOlID must be submitted to the business office by the 15th day of the month in order for the change to be effective for the current pay period. II. SUPPLEMENTAL PAY/OVERTIME Sypplemental Pay/Overtime Supplemental pay andIor overtime procedures will be as follows: 1. Obtain a supplemental pay request form or time card (Exhibit J & K) from the business office. 2 . Complete and return the supplemental pay request fonn or time card to the business office. The request will not be processed without the signature of the campus principal or supervisor. 3. All requests for supplemental pay andlor overtime must be submitted to the business office by the 15th day of the month in order to receive payment during the current pay period.. Should this day fallon a weekend, the employee will have until noon 00 the following Monday to submit the request. 8 0023i ~-\ SECTIONF I. LEA YES AND ABSENCES II. VACATION REGULATIONS 00232 Section F 1. LEAVES AND ABSENCES Pre-approved absence procedures will be as follows: 1. Obtain a pre-approved personal leave request form (Exhibit L) from the administration office, campus principal, or supervisor. 2. Complete and return the pre-approved personal leave request form to the campus principal or supervisor at least 3 days prior to date of request for approval. 3. Once approved, submit the pre-approved personal leave request form to the Superintendent for final approval. Procedures for absences not pre-approved will be as follows: I. Notify the campus principal or supervisor by 7:00 a.m. on the day of absence so that arrangements for a substiMe can be made, if necessary. 2. Obtain an absence from duty form (Exhibit M) from the administration office, campus principal or supervisor upon returning to work. 3. Complete and return the absence from duty form immediately to the campus principal or supervisor for approval. 4. Once approved, submit the absence from duty form to the Superintendent for finaJ approval. U. VACAllONREGULAllONS Vacation Schedules All employees in positions requiring 12 months of service per year, who have one or more years of service with the District, shall be eligible for a paid vacation. The vacation schedule will be as follows: Years of Service 1-5 6-10 11-19 20 or more 9 Vacation 2 weeks 3 weeks 4 weeks 5 weeks 00233 vacation ReiUJatioOs Vacation regulations will be as follows: I. Vacation days are earned July 1 to June 30. 2. Ten carryover days are permitted each year. All other vacation days not taken by JWle 30 will be lost. 3. Vacation schedules must have prior approval and be placed on the calendar so that adequate staff is available to operate the District. 4. A formal request for vacation must be submitted to the Superintendent andlor supervisor on a District request for vacation form. Vacation request procedures will be as follows: 1. Obtain a request for vacation fOIDl (Exhibit N) from the administration office or supervisor. 2. Complete and rerum the request for vacation form to the supervisor for approval. 3 . Once approved, submit the request for vacation fOIDl to the Superintendent for final approval. A record of accrued leave benefits will be kept in the administration office. Current leave balances will be reponed each month on employee's check stub. It is the responsibility of the employee to verify these balances each month for accuracy. 10 SECTIONG I. MISCELLANEOUS 00235 Section G 1. MISCELLANEOUS Majl Proemjnl: All parcels to be mailed must be separated into local and out of town stacks and delivered to the administration office by 2:30 p.m. each day for processing. Parcels delivered after that time will be mailed the following day. Faxing All items to be faxed arc the responsibility of the employee . Employees may use the fax machine in the administration office during regular office hours. Students will not be allowed to fax items for the District or its employees. , SUPJ)ljes Miscellaneous supplies such as chalk, pens, pencils, file folders, tape, etc., can be obtained through the administration office. Insurance Forms Insurance claim forms can be obtained through the business office. In the event of burglary, vandalism, or any activity that results in damaged or lost District property, employees shall report the incident to the campus principal or supervisor. The principal or supervisor shall notify the police and the Superintendent's office. The Superintendent and/or business manager shall notify the District's insurance claims handler of the damage or loss. An employee injured on the job shaJl notify the campus principal or supervisor by the end of the work day. 1be injury shall be reported to the business manager within 3 days for the purpose of completing workers' compensation reports. The business manager will complete and -sign the report and a copy of the report will be provided to the employee. An injury not considered minor by the campus principal or supervisor should be referred immediately to a doctor or medical facility. An employee absent from work due to an on the job injury, and receiving workers' compensation 1J {){i23u benefits, must have· weekly contact with the campus principal or supervisor Wlless other arrangements are made. Heatjnl11CooljD2 ReQuests Periodically it is necessary for the heating or cooling system to be extended beyond normal school hours. Extended hour heating or cooling request procedures will be as follows: 1. Obtain a request for extended hours heating/cooling form (Exhlbit 0) from the Superintendent's secretary in the administration office. 2 . Completed form will be returned to the Superintendent's secretary no later than 3 days prior to date of request. Incomplete forms will be returned. 12 00237 EXHIBITS EXHIBITS A. REQUISmON B . PURCHASE ORDER C. REIMBURSEMENT OF EXPENDInJRES D. CASH ADVANCE REQUEST E. CASH ADVANCE VERIFICATION F. INVENTORY RECEJPTrrRANSFER RECORD G. INVENTORY REMOVAL H. WORK ORDER REQUEST I. PAYROLL DEDUCTION CHANGE J. SUPPLEMENTAL PAY REQUEST K. TIMECARD L. PERSONAL LEAVE REQUEST M. ABSENCE FROM DUTY REPORT N . REQUEST FOR VACATION O. REQUEST FOR EXTENDED HOURS EXHIBIT A PURCHASE REQUISITION 1 I (NOT TO BE USED I<S A SUBSTIT\Jl'C FC"lR A PURCHASE ORDER) nlE REOUISITION t.tJST BE COMPLETED SIGNED AND APPROVED PROR TO ISSUING A PURCHASE ~R. PURCHASE ORDER ASSIGNED: RECO .... ENDED SOURCE IORGANlZATlON TO RECEIVE GOOOS I NAt.E: · CAIIFUS LOCATION: ROO ... NO: AOORESS: ; SUBJECT /GRADE LEVel: CITY: STATE: ZIP: ! Flt() COOE: I FON PAGE : .... ,· ....... CATAlOG DESCI'IIPTION CXl.CR .~~~~::C. ~ PRICE 1N:l 1N:l ,,,&-., -'-, I : i I I I · i '- i I , : : , -'-; ! : ! i . ; i i . : . : .i : : , i i : . I , : ! : : : : : -.L , · , I -'-· I , , ; : , , : : I : i i 1 ; · : : PAGE ........... , : "'Rum PfVAAEDBY I PRlNCIPAL OR AUTHOAlZEO BY · FNAL ~Al FOR R /<Y'<-" ; , !DATE iOATE ~TE nn",- VV~'jU ORIGiNAl • PU~HASE ORDER DUPLICATE· PREPARERS COPY TRIPLICATE· FLE COPY ~.\~& . . -• -•. ...;tlI-' V E N D o " • HT I 0 P PART1- ~ M-~ Flu;:_''':jod .. IriIIIIIoI EXHIBIT B 19837 I VENOO~ NO . DELJVE~ BY '" VENDOR NOTt '" TAX , 7S.eoo.277·9304 THE SCHOOL DISTRICT ASSUMES NO LIAIIUTY FDA I'UACHASES NOT IN~UOED ON THIS FOAM. THE SCHOOL DISTlUCT IS EXlMPT FROM THl TtXA$ UMITEJ) SALlS. EXCISE 1J'C) LISE TAX. AERII TO THI$ OIIOEA IfUM8lII ON _OIC£. EXHIBIT C REIMBURSEMENT OF EXPENDlTURES NAME: ---------------------DATE: ______ _ MEAL REIMBURSEMENT EMPLOYEE MEALS $ _____ _ STIJDENT MEALS $ _____ _ TOTAL MEAL REIMBURSEMENT $ _____ _ alliER REIMBURSEMENT REGISTRATION FEE $ PARKING, TAXI,ETC. S SUPPLIES $ GAS $ MISCELLANEOUS $ TOTAL OTIiERREIMBURSEMENT $ _____ _ TOTAL REIMBURSEMENT DUE $ _____ _ REASON FOR EXPENDITURE _______________ _ EMPLOYEE SIGNATURE BUSINESS OFFICE APPROV AL 00242 A-{6tJ EXHIBIT [j CASH ADVANCE REQUEST PAY TO: ______ _ ACTIVITY: PLACE: DEPARTURE:, ______ _ RETURN: MEALS EMPLOYEE MEALS ____ @$10.00=$, ____ _ SnJDENT MEALS ____ @S 6.50-S ___ _ ____ @S8.oo z $, ___ _ ____ @SIO.OO=$, ____ _ TOTAL ADVANCE REQUEST FOR MEALS $, ____ _ ornER ADVANCE REQUESTS REGlSTRA nON FEE PARKING. TAXI. ETC. MISCELLANEOUS TOTAL OTIiER ADVANCE REQUESTS TOTAL CASH AnV ANCE REQUESTED SIGNATURE OF EMPLOYEE $, ____ '- $, ____ _ $ ____ _ $, ___ _ $ ____ _ BUSINESS OFFICE AFPROV AL CASH ADV ANCE VERIFICATION NAME: __________ _ , DATE: _____ _ MEAL EXPENDITIJRES EMPLOYEE MEALS $ ____ _ S1lJDENT MEALS $ ____ _ TOTAL MEAL EXPENDITURES $ ____ _ OTIJER EXPENpIDJRES REGISTRATION FEE $, ____ _ PARKING, TAXI, ETC. $, ____ _ MISCELLANEOUS $ ____ _ TOTAL OTHER EXPENDITURES $, ____ _ CASH AnY ANCE RECEIVED $, ____ _ TOTAL EXPENDITURES $, ____ _ TOTAL CASH RETIlRNED TOTAL $, ____ _ DIFFERENCE DUE TO EMPLOYEE $, ____ _ $ ____ _ EMPLOYEE SIGNATURE BUSINESS OFFICE APPROY AL EXHIBIT E D0244 INVENTORY RECEIPTtrRANSFER RECORD Return 10 Adm'nl"r.llon . Office Fixed · A •• e'. Coordln.,or . DATE: au","," NAIll. IIA"I Of' IOUII'IIIINf IIM!NTO"Y • •• ".AU MODIL • ... LOCATION AIIU . &111. .A~. ,TO, . . ~ \ 0 ~ 0 r;f I" I'l X .t:.. :J: TIIAN.flUI (J. -'''0''-AIlIA -TO· Alii A H bl AUTHOIIIIATION: 810NA'U"I: 8.OIIIATU"I: H o-;l "J EXHIBIT G INVENTOR Y REMOVAL ----------------------------------------------------------------------.. ------------------------ MA TERlALS AND EQUIPMENT STOLEN, DESTROYED, DAMAGED, OR LOST ------------------------.. _---------------------_ ... _--------------------------------------_. #OF NAME AND STOLEN DESTROYED DAMAGED PURCH. ITEMS DESCRIPTION PRICE & OF ITEM YEAR . APPROVAL: EMPLOYEE SIGNATURE DATE SUPERVISOR SIGNATIJRE DATE FIXED ASSET COORDINATOR DATE 00246 ~-\ ...... EXHIBIT H WORK ORDER REQUEST BUILDING & ROOM NO. DATE WORK NEEDED AS FOLLOWS: REPORTED BY:, __________ _ APPROVAL: SUPERINTENDENT MAINTENANCE SUPERVISOR EMPLOYEE 00247 EXHIBIT I PA YROLL DEDUCTION CHANGE FORM NAME: __________ _ DATE: _____ _ Please stop the following payroll deductions effective this pay period. COMPANY AMOUNT COMPANY AMOUNT COMPANY AMOUNT COMPANY AMOUNT COMPANY AMOUNT EMPLOYEE SIGNATURE PRlNTNAME SOCIAL SECURITY NUMBER BUSINESS OFFICE APPROY AL 00248 0. ... , _ J .. EXHIBIT J SUPPLEMENTAL PAY REQUEST DATE REASON FOR REQUEST EMPLOYEE SIGNATIJRE SUPERVISOR SIGNA11.1R.E o. \ C::", .. ' ! ............ 0 .oc:'AL .cc. MU .... " 0" &IIIP'\.OYC' w ••• SUN. ! •• ClIN"".",a tOO --ouT ••• MO .... TUES . WED. ,. ••• , .. " .. , .. •• 0"' OU' OU' 1_ ... _ .. \to. -. "Ull-"'"-_______ _ ............................ UII EXHIBIT K THUItS. ,.RI. • ... T. TOTAL •• , .. , .. NOV" • ; .... , •• H •• 0"' 0"' OUT I --- ~~------------ EXHIBIT L PERSONAL LEAVE REQUEST NAME CAMPUS DATE OF REQUESTED LEAVE REASON FOR ABSENCE: ________________ _ EMPLOYEE SIGNATURE DATE APPROVAL : CAMPUS PRINCIPAL OR SUPERVISOR SUPER.!NTEJ','DENT NAME OF SUBSTITUTE(s) ___________ _ 00/5 ' -.... ~ ... EXHIBIT M ABSENCE FROM DUTY REPORT EMPLOYEE NAME CAMPUS CAUSE OF ABSENCE: _________________ _ DATE(s) OF ABSENCE: __________ _ NUMBER OF DAYS ABSENT: ________ _ EMPLOYEE SIGNATURE :ITA TE EEBSQN61. I.E~~ pAYS SI~IE SIO;: LEA~ NONDISCRETIONARY PERSONAL ILLNESS DISCRETIONARY ILLNESS OR DEATH IN IMMEDIATE FAMILY FAMILY EMERGENCY NA 11JRAL DISASTER TOTAL DAYS TOTAL DAYS LOCAL lEAVE PAYS SICK LEAVE PERSONAL LEAVE OTHER TOTAL DAYS NAME OF SUBSTITUTE(s): DATES: DATES: SIGNATURE OF SUPERVISOR ~ a,le c:-, ui~ .... R-Uo REQUEST FOR VACATION I request that my vacation time be approved for the following dates: I understand that vacation time may not be taken until it is earned and only 10 days are cumulative from year to year. EMPLOYEE SIGNA 11JRE DATE CAMPUS APPROVAL: . SUPERINTENDENT OR SUPERVISOR DATE EXHIBIT N OO~S ., -.> A-'fa I Attachment 23 Monthly Budget Status Report Westlake Academy Westlake Tuas . ·Combined Statement of Revenue, Expenditures and Cbanges in FUDd Balance For Month Ended September, 2000 General Operatill& Fllbds Cod. Description Revenues: 5700 Local, Intermediate and Out~ 5800 State Program Re.enues 5900 Federal Program R"""",,,", Toral Revenues EJrpenditulu: 11 InsIrudion 12 InsIrucIlon Resources & Media ServiCes 13 CunicoJtJm & Instrudional Staff Oeveklpr 21 InstNdIonaI Leaderstip 23 SchoaIL~ 31 Guidance & Counselilg SeMces 32 AIIendanCle 33 HeaIIh SenIiceI 34 PI4'i TransportBIjon 35 Food SenIiceI 36 EldraClJrllcullr ActivIties 41 GeneIlII Admi1islration 51 Maintenance & Operations 52 SecIdy Service5 53 Oata ProceSSi1g Sef1Iice 61 Commldy SeMoes 71 Debt SeMce 81 FaciiIies Acqui&ition & Construction Total EJre!"ditures other Sourcft/Us .. , Other SoIn:es Other Uses Total 0!Mr Sou~ Amended Budget $ $ $ S S $ Exoess (OefiQeney) 01 Rew!nues & Other So<a'ces Over ~ & Other Usat S Estimated BegirnW'og Fund Balance S Estim~ed Ending Fund &'Ia_ S Actual S $ S $ S $ S $ - S S S I S $ Variance P.,.,.ntage 0.00% 0.00% 0 .00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0 .00% 0.00% 0.00% 0.00% 0.00% 0 .00% 0.00% 0.00% 0 .00% 0.00% 0.00% 0.00% 0.00% 0 .00% nO'15" ... J. o. .... 1IIIIE ..... .... ,., .~ .............. -....: ....... -........... Q ... \\_" Westlake Academy fB)IIE (G ~ ~ W fE,1nI ifill fEa -6~" lildJ Charter Schools ~,? Th is 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 0, 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 Chaner. This contract grams to Chaner Holder an open-enrollment chaner under Subchapter D, Chapler 12, TEC. The terms of the cbarter include: (a) this contract; (b) applicable law; (c) Request for Application #701·01-004; (d) any condition, amendment, modification, revisioD or other change to the charter adopted or ratified by the Board; (e) all statements, assurances, commitments and represemations 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 Chaner. 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 or 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, thaI 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. Chaner Holder may not engage or modify the tenns of the engagement of a private management· company without approval by the Board in accordance with Paragraph 7 of this contract. 5. Term of Chaner. The chaner 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 Chaner Holder in a manner prescribed by the Board, the chaner may be renewed for an additional period determined by the Board. The chaner 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 chaner may be revised with the consent of Chaner Holder by written amendment approved by vote of the Board. For purposes of this paragraph, the terms of the chaner 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 choner 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 chaner and who is eligible for admission based on lawful criteria identified in the chaner. Total enrollment shall not exceed the maximum number of students approved by the State Board of Education. The chaner 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 chaner shall not be admitted to the chaner school until all eligible applicants who reside within the boundaries have been enrolled. Students will be admitted on the basis of a lottety if more students apply for admission than can be accommodated. 9. Public Education Grant Students. Chaner 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 chaner application, under Subchapter G, Chapter 29, TEC. 10. Non-<liscrimination. The chaner 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 chaner school shall not conduct religious instruction. The chaner school, the sponsoring entity, and any entity that owns or controls the sponsoring entitiy in Whole or in pan (including by the power to select Westlake Academy 20f9 1125/2002 12. (a) (b) (c) (d) (e) officers or directors) shall be nonsectarian in its programs, admissions policies, employment practices, and all other operations. 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 n 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: 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 detennine 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. • 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. 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. Monitoring. 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. Due Process Hearings. The charter schoo)'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. !J025o Westlake Academy 30f9 1125/2002 Notice: These are only a few of the chaner school's legal responsibilities in this area, included here' for illustrative purposes only. 13. Student PerfonTIance 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 chaner. Charter Holder shall annually provide in a manner and fonn defined by the commissioner a written evaluation of the charter school's compliance with the statements, assurances, commitments and representations made by Chaner Holder in its application for a charter, attachments, and related documents. 14. Criminal Historv. Chaner Holder shall take prompt and appropriate measures if Chaner Holder or the chaner school, or any of their employees or agents, obtains information that an employee or volunteer of the chaner school or an employee, officer, or board member of a management company contracting with the charter school has a reponed criminal history that bears directly on the duties and responsibilities of the employee, volunteer, or management company at the schooL Chaner Holder funher 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 Chaner Holder or the chaner 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 I and ending August 31. 19. Financial Accounting. Unless otherwise notified by the Agency, Charter Holder shall comply fully with generally accepted accounting principles C"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 chaner 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. I.H) 2 5 J Westlake Academy 40f9 1125/2002 21. 22. 23. 24. 25. 26. 27. 28. Workers' Compensation. Charter Holder shall extend workers' compensation benefits to charter school employees by (I) 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. Annual Audit. Chaner 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" 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. 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. Foundation School Program. Distribution of funds to the chaner school under Section 12.106, TEC, is contingent upon Chaner Holder's compliance with the terms of the charter. Charter Holder is ineligible to receive Foundation School Program funds prior to exec urian of this contract by the Board. Within 30 days of receiving notice of overallocation and request for refund under Section 42.258, TEC, Chaner Holder shall transmit to the Agency an amount equal to the requested refund. If Chaner 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, TEe. Tuition and Fees. Chaner Holder shall not charge tuition and shall not cbarge a fee except that it may charge a fee listed in Subsection 11.158(a), TEe. Assets of Chaner. Charter Holder shall not apply, hold, credit, transfer or otherwise make use of funds, assets or resources of the chaner school for any purpose other than operation of the chaner school described in the charter. Indebtedness of Charter. Chaner 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 chaner school described in the charter. 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 chaner school shall be separately and clearly reflected in the accounting, auditing, budgeting, reporting, and record keeping systems of the chaner 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 chaner school at fair market value. Westlake Academy 5 of9 1125/2002 29 . Non-Charter Activities. Charter Holder shall keep separate and distinct accounting , aUditing, budgeting, reponing, and record keeping systems for the management and operation of the chaner 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 tnose reflecting activities under the charter. Any commingling of chaner arid non-<:harter 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 Chaner Holder is incorporated, it shall in addition comply with all applicable laws governing its corporate status. Failure to comply with tnis 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. 3 1. Records Retent ion 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 20 1.001, et seq ., Local Government Code, and rules adopted thereunder; provided, however, that records subj ect to audit shall be retained and available for audit fo r a period of not less than fi ve (5) years from the latter of the date of termina tion or renewal of the charter. 32. PE IM S R eporti n g. Ch aner H old er shall re po rt timely and accurate information to the Public Edu cation In fo rmation Managemen t System (PEIM S), as required by the commissioner. 33. Conflict of Interest. Charter Holder snail comply with any applicable prohibition, . restriction or requirement relating to conflicts of interest or fiduciary duties. If an officer Or board member of Chaner 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. Chaner Holder shall adopt policies that will ensure compliance with the disclosure requirements of State Board of Education Operating Rule 4.3 or irs 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. Westlake Academy 6of9 l/25/2002 39. 36. Failure to Operate . Chaner Holder shall operate the charter school for the full school term as described in the chaner application in each year of the charter contract. Charter Holder may not suspend operation for longer than 21 days without a revision to its chaner, adopted by the Board, stating that the charter school is dormant and setting fonh the date on which operations shall resume and any applicable conditions. Chaner 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 chaner. 37. Charter School Facilitv. Chaner Holder shall have and maintain throughout the tenn of the charter a lease agreement, title or other legal instrument granting to Chaner Holder the right to occupy and use one or more facilities suitable for use as the chaner school facilities described by the chaner. 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 chaner school shall not change location of its insrructional facilities or administrative offices from those listed in the chaner application or in a subsequent chaner 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 lo.cation, 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 Disab ility 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 chaner Holder shall require the facility to comply with the Texas Accessibility Standards eTAS) of the Texas Architectural Barriers Act, Article 9201, Texas Civil Statutes, promulgated by the Texas Department of Licensing and Regulation. The chaner Holder shall be responsible for conducting inspections to ensure compliance with these specifications. Enforcement Agency Investigations. The commissioner may in his sound discretion direct the Agency to conduct investigations of the chaner school to determine compliance with the terms of the chaner or as authorized in the Texas Education Code or other law. Chaner 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. Westlake Academy 70f9 1/2512002 I I ! 40. Commissioner Authority. The corrunissioner 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 j30ard 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 on 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 a\1 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 detennined 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 panies 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. Chaner 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 . Chaner Holder funher represents that the person signing this contract has been properly delegated authoriry to do so. 00 2 6 3 Westlake Academy 80f9 1125/2002 Entered into this _ day of January 2002. Texas State Board of Education ;;!2 j..eJ-/ 151 ~ V ,. 4" \..iM., __ . By Grace Shore. Chainnan Westlake Academy Charter Holder Scott Bradley Chairperson. Governing Board of Charter Holder -~-' -----,~::.....-/_---::::>-'-I-~/) /c ~ (sIgnature/date) Trent Petty Chief Operating Officer of Charter School 90f9 112512002 Entered into this _ day of January 2002. Texas State Board of Education Charter Holder d2~ ~)lt51°V By Grace Shore, Chairman Westlake Academy ~.6uuLhl>" I (Signature/da Scott Bradley Ih8/~2. I , Chairperson, Governing Board of Charter Holder ~.-~y5/o<- (signature/date) Trent Petty Chief Operating Officer of Charter School 90f9 1125/2002 02119/2002 12: 31 FAX 5129369261 _.---_. --.- TRANSI!ISSION OK TX/RX NO CONNECT ION TEL SUBADDRESS CONNECTION ID ST. TIllE USAGE T PGS. SENT RESULT -----.-. --. --.~ .. ---.--- TEA CHARTER SCHOOL DIV ********************* *** TX REPORT ••• ********************1 1376 98174301812 02119 12: 30 00 '25 1 OK --- Entered into this _ day of January 2002. Texas State Board ofEducatian Charter Holder cf:; ~ j.-?.Q~A.>l.ll ~ 10 V _ ~ 4uyU'1; e dZS/~'2- ~OOI By Grace Shore, ChainnaD' (signalur~~ • • S.cott BtadJey Chairperson, Governing Board of Charter Holder ., . ~ /o/j/o~ . (SlgIlatuIeldate) :rentPetty Chief Operating Officer of Charter School 00260 Attachment 24 Lease Agreement A lease agreement for facilities will be executed upongranting ofthe charter and the completion of the facilities. The Town of Westlake's commitment to providing facilities for Westlake Academy is reflected in the instrumentality resolution. 0026 (' A RESOLUTION ORDERING TIrE CREATION OF A NONPROFlT CORPORATION PURSUANT TO THE TEXAS NON-PROFlT CORPORATION ACT, APPROVING ARTICLES OF INCORPORATION AND BYLAWS FOR, AND APPOINTING THE JNJTIALDIRECTORS OF, THE CORPORATION, APPOINTING CERTAIN CONSULTANTS, AND RESOL VING RELATED MA TrERS WHEREAS, this Board of Aldennen (the "Board"), as the governing body of the Town of Westlake, Texas (the "Town"), hereby find that it is in the public interest that a non-profit corporation (the "Corporation") be created under the Texas Non-Profit Corporation Act (the "Act") to act on behalf of the Town as its duly constituted authority and instrumentality, within the meaning of the Internal Revenue Code of 1986, as amended, for the purpose of providing educational services and facilities; WHEREAS, the Act empowers, among other things, the Corporation to acquire a charter, pursuant to Chapter 12, Subchapter D of the Education Code (the "Education Code"), provi de education services, and acquire, finance, and operate educational facilities and facilities related thereto, as contemplated by the Education Code and/or other law; WHEREAS, it is the intent of this Board that the Corporation shall have all powers authorized under the Act and other law to enable it to apply for and obtain a charter under the Education Code and provide education services and acquire, finance, and operate educational facilities and facilities related thereto, as contemplated by the Education Code, the Act, and/or other law; WHEREAS, the Act authorizes the Corporation to issue revenue bonds ("Bonds") andlor to enter into other obligations ("Obligations") that, among other things, will facilitate prov iding education services and facilities and facilities related thereto; WHEREAS, no Bonds or Obligations of the Corporat ion will ccnstitute obl igati ons (wh ethe r special , general, or moral) of the Town; WHEREAS, the Act provides that the directors of the Corporation are to be appointed by the Board ; WHEREAS, the Articles ofIncorporation (the "Articles") of the Corporation shall provide that no modification of the Articles or the Bylaws (the "Bylaws") of the Corporation shall take effect unless approved by this Board; WHEREAS, this Board intends, by the adoption of this Resolution, to take all action necessary to order the creation of the Corporation with all of the corporate powers and authority granted under the Act and other law; WHEREAS, the meeting at which this Resolution has been considered was open to the public as required by law, and public notice of the time, place, and subject of the meeting has been given in accordance with Chapter 551, Government Code; NOW, THEREFORE, BE IT RESOL YED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESUAKE, TEXAS: SECTION l. The findings and declarations contained in the preamble of this Resolution are hereby incorporated as part of this Resolution. TAM 1/2012001 vI SECTION 2. This Board hereby finds and determines that it is in the best interest of the Town and its inhabitants that the Corporation, to be named as specified in the Articles, be created pursuant to the Act to act on behalf of the Town as its duly constituted authority and instrumentality for the purposes and with the powers and authority prescribed by the Act and other law. SECTION 3. This Board hereby orders the creation of the Corporation and approves the Articles in substantially the form attached to this Resolution as an exhibit, and hereby authorizes the incorporators of the Corporation (as identified in such Micles) to file the Articles with the Secretary of State in accordance with law. In the event that the name for the Corporation specified in the ArticleS is not available, the incorpo..ators arc hereby authorized to change the Corporation's name in the Articles without tbe further approval of the Town. SECTION 4. This Board nereby appoints the persons identified in the Articles to serve as tbe initial members of the board of directors of the Corporation. SECTION 5. This Board hereby approves the initial Bylaws of the Corporation in substantially the form attached to this Resolution as an exhibit. SECTION 6. It is intended that the Corporation be a duly constituted authority and instrUmentality of the Town within the meaning of regulations andlor revenue rulings of the Treasuty Department andlor the Internal Revenue Service of the United States promulgated under Section 115 of the Internal Revenue Code of 1986. SECTION 7. With respect to the Town and its instrumentalities, the Board of Aldermen hereby appoints Larry Williamson as financial advisor, Thomas Allen Moon as finance counsel, and Jenkens 8< Gilchrist, P. C. as special finance counsel. . SECTION 8. This Resolution shall take effect immediately upon its adoption. 00269 TAM 1l20l2001 ,,' PASSED AND APPROVED ON TInS 12nt DAY OF FEBRUARY, 2001. ATTEST: APPROVED AS TO F9-LI~ ~ L. nL 00270 Attachment 25 School Calendar 002 7. S Mi"SI V> MTWTF S I , l • , , 7 • • 10 " " II 14 " " " " " ,." " 2) 1< " ,. "" " ,. ]I 5 Sep1emi>er 02 MTWTFS I , l • S • j • • 10 II " Il 14 " " 17 n " " 21 " " "" ,. " " " '" S Oct~.I>~r 02 MTWTFS I 1 ) • , • , • • 10 11 " " " ., " " " " 20 " 1l2) ,. " " " " ,.,. " Noveml?er 02 SMTWTFS j , , • , • , • • Ie II 12 11 14 " I. " II ",. 21 " lJ " " "'" " " lO Dece":,~~ O~ SMTWTFS i 1 J " 5 6 I '9101112U'" 15 16 " II " 20 11 22. 23 1;" 1S 16 21 11 :29 lQ 11 January 03 SMTWTFS I 2 j " 567'91011 12. Il \. 15 16 17 1. 19 ZO 21 :c 13 24 %!i 1627U%9lOli Westlake Academy 2002-2003 School Calendar Reponing PcrKtds fB'ginlEndj Days Taught I . R'porung P,noo "">lv.· 9,.710. 2 • R.eportinc Period >[lOl02· 111810J. J" .. epanin& ""'100 1111 lrol -1.UUlUl 4 ., Reponing renoo I/OOOJ· 2I1410J 5 ,. "eparung Period 2117103· 410410J 6 Reponing I"criod 4101l0J· 512>10J TolOl Days TOIljlh, Holiday 0 Date Labor uay '.ptembcr t, 2002 29 2> u 28 ,0 JI 180 1 hanlc.S8lYmg November 21>-22, 2002 I Chr~lIIlas lJeC.mbcr .£J -January J Manm L.. King JORUa!)' 20, 200J ~pnng Break _17-21,2003 "",.,. AI'''' tU, 20uJ I i:)Cio6 .. 14, ~~ SLaffDc'YClopment 0 I ~.bllla!)' ", ~~oj I Ap'" ~I, 2DOl Bad WCIchc'r Make Up days I May ln, 200l Teacher Work: Days Augusl 14, ..::UU..:: August /5, 1002 August 16, "002 Mary 31 ucc<mbcr 20, .00. Legend Becin Attendance Reporrini PeJiod l End Attendance Reporting Period 1 HOliday 0 Staff Development Cl Bad Wealbct Malec Up days T.""hct Wort< Days february 03 SMTWTFS I , ) • , • 7 • • Ie " " IJ .. " II " " " " " >Z II " " " " ,. March_03 SMTWTFS i 214567 • 91011121l14U 16 I' 11 19 10 2t 22 1) 24 13 26 27 21 2t }O 11 Ap" 03 SMTWTF 5 , , l • , • , • • " " " IJ I. 15 16 " " " ,. " " " ,. " " " "" ,. May 03 SMTWTFS I 1 ) 4 , 6 7 • , 10 Il 11 13 14 15 106 17 1119'1'12112l314 lS26%121Z9JOJI June 3 S MTWT F S i , ) • , , j • • " " " " " " " " II " .. " " " " " ,. ., 21 " ,. uy03 SMTWTF S I , ) • s • , • • I. " " IJ " U ,. 17 II " '" " %2 2J 24 " .. " " 29 30 11 00272 Attachment 26 PEG Draft Peg Draft Westlake Academy will adhere to the guidelines for the admission of students eligible for a public education grant (PEG) as set forth in the Texas Education Code. Under the guidelines set forth in the Pubic Education grant program a parent of a student enrolled in any of the districts listed may make application to attend Westlake Academy during the school year. The charter school or public school chosen by a student's parents under this statue is entitled to accept or reject the applicat ion for the student to attend school in the charter school, but may not use criteria that discriminates on the basis of a student's race, ethnicity, academic achievement, athletic abilities, language proficiency, sex or socioeconomic status. Westlake Academy reserves the right to reject students based on criteria described within the charter application . A stUdent enrolled in a schoo l identified under the PEG program has the right to request a transfer to another school in hislher current district or in a charter school. Students seeking reenrollment in Westlake Academy shall follow the same procedures for enrollment as other applicants and will be considered on a first-come, first-served basis. When the capacity for the facility has been met, students will be placed on a waiting list and a lottery will be conducted for future openings. uoz·{·, -.-..... Attachment 27 Area Map QOZ7b 19 39\1d l. !PI-EeE-l.le 9E : 59 l.66 tI a; /l:B Attachment 28 Return Receipts For Statement of Impact 0. .. ''''' ". -y- WESTLAKE February 14,2001 KellerISD 350 Keller Parkway Keller, Texas 76248-3447 Dear Superintendent and President of the Board of Trustees: This is to inform you that the Town of Westlake intends to submit an application to the State Board of Education for consideration for approval of an open enrollment charter school As part of the application process, entities applying for approval are required to notify any districts that are likely to be affected by the establishment or amendment of lin open-enrollment charter school Specifically, the guidelines approved by the State Board of Education require that the enclosed from, entitled Statement ofImpact, and copy of the application for the proposed open-enrollment charter school be sent to each district that may be affected. Information is required if the proposed open-enrollment charter may adversely impact a district fmancially, or if the proposed charter may impact the student enrollment of a district in a manner that impairs the district's ability to comply with a coW1 order. The CDClosed form may be (;()mpleted by any district that may be affected, signed by the district's board president and superintendent, and returned to the Texas Education Agency, Document Control Center, Room 6-108, 1701 North Congress A venue, Austin, TX 78701. It should be received 00 later than April 20, 200 1 fur the information to be considered by the State Board of Education. It is requested that you review the enclosed application, and complete the State ofImpact form, and submit it to the Texas Education Agency. If you have questions about the process for approval of open-enrollment charter schools, please (;()ntact the Division of Charter Schools at (512) 463-9575. If you have questions about the enclosed application for approval of an open-eorollment charter school affectiog your school district, please contact Trent Petty at 817-430-0941. Sincerely, ~~ Scott Bradley Mayor 3 Village Circle • Suite 207 Solana • Westlake, Texas 76262 Metro: 817430-0941 • Fax: 817 430-1812 • www.westlake-tx.org A-\7 3 Statemeat ofImpact Opell-EDrolmeDt Charter School Pupose oftbis form: The sponsoring entity entered below is submitting an application to the State Board of Education for approval to operate or amend an open-enrollment charter school. The name and location of the proposed charter school is provided: Westlake Academy #3 Village Circle Suite 207 Westlake, TX 76262 In accordance with Texas Education Code, Section 12.lIO{d)(2), this form must be provided to any school district likely to be affected by the open-enrollment charter school That school district may then submit this form to the Stale Board of Education informarion relating to any financial difficulty that a loss in enrollment may have on the district, information pertaining to any impact on student enrollment that may impair a district's ability to wmply with a court order affecting the district, and any other information it wishes to sbare with the board. For more detailed information about the proposed charter, contact the sponsoring entity indicated above. Note: under Texas Education Code 12.106, an approved open-enrollment charter school is entitled to the distribution of the available school fund fur a student attending the charter school to which the district in which the student resides-would be entitled. lbis would include any benefits and any transportation allotment fur which the student is eligible under Chapter 42. An approved open-enrollment charter is also entitled to a portion of the tax revenue collected by the school district fur maintenance and operation as provided in Texas Education Code 12.107. Instructions: Submit the completed form signed by the district superintendent and board president to: The Texas Education Agency Division of Charter Schools 1701 North Congress Avenue Austin, TX 78701 Tbe form should be received by the agency by April 20, 2001 for consideration by the State Board of EducatiOD with respect to approval of the proposed open-enroUment charter school For information about tbe procedures for approval ofopen-enrollment charter schools, please contact Division ofChaner Schools at (512) 463-9575. 00279 5AM"?LE StatemeDt oflmpaet For Charter Application Name of Proposed Charter School: Westlake Acadeiny Check the appropriate response below: !be proposed open enrollment charter school is Dot expected to adversely impact the school district to a significant degree !be proposed open-enrollment charter school (amendment) is expected to impact the school district in the fo llowing manner: (Descn1le the impact in the space below and/or attach any supporting documentation.) (District Name) (County-District Identification Number) (District Address) (Signatme of Board President) (Print Board President's Name) (Signature of Superintendent) (Print Superintendent' s Name) (Date) (phone Number) 00280 A·113(' ....... s f-_~...c::.....L. Certih«lF .. COl '" /U , u.s. Postal Service CERTlAED MAIL RECEiPt . (/1omestic M"airclfrfy; No Insucurce CQVCf3ge Provided) . ;r L-------r-------~--~--~ ~ r ·~~~~~~~~~~_l~;~:~~: ...... -..... -........ -... -......... ~ ~ t·&ii'·St!;i:~G-·9.·'?~··;':=·'::.~··!.············-····· ........ --... -.. -.. ~ U.S. Postal Service CERTIFIED MAIL RECEIPT (DomestIC Marl Only; No Insurance Coverage Provided) ~ ,iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii = ~L-----r----=-~--~~-~ ~ P'o51age ~' __ -'!~cL.L-I IIICI Cflnili«lF .. c r-~rs;;V1O-.-~-.==::::;::::::;;~:=:----,:::::,....J];Z§~ gr·~~~~~~~~~~~·~=~~····························--····· ..... _j ~ t·~,~~~:~~·,4 .... ~~~ .. 'L._ .............. : ........ ~~ •. " ... -...... -.. ~ 00?8\ A -1 1Je Contingencies WESTLAKE CHARTER SCHOOL L\!~:ll :::>..:r\"ic~s Di\'ision Charil!s ;\looliy Evidence of Nonprofit Status: N/A. The charter holder will be the Town of Westlake. Governmental entities are eligible to hold charters pursuant to TEC § 12.IOI(a)(4). Westlake has established a nonp rofit corporation to act on its beh'llfin establishing and operating the Westlake Academy (Resolutions, Attachment I). The exemption of th is corporation from federal income tax is a separate question,l but wh~thcr it is exempt or not, the State Board of Education still has statutory authority under the Education Code to grant a charter to the Town onVestlake. From TEA 's standpoint, the nonprofit corporation will occupy basically the position of a school management board, with ultimate accountabi lity for compliance with the charter resting with the Town of Westlake. The resolutions pr ovide that no bonds or obligations o f the nonprofit corporation constitute obligations of the Town of Westlake (Attachment 1). If the corporation has authority under the Texas Non-Profit Corpora tio n Act to issue revenue bonds that by their terms are payable only from revenues of the school, and that do not otherwise b ind the Town of Westlake, the exercise of that authority presents no problem for TEA. However, the applicant should recognize that nothing in the Resolutions will keep the charter holder (Town of Westlake) from being . obligated for ordinary debts of its charter school. The contract for charter, which will need to be signed by the Mayor on behalf of the Town of Westlake and not just by the board chair and CEO of the Westlake Academy Corporation, provides in part: "Charterholder may not delegate, assign, subcontract or otherwise alienate any of its rights or responsibilities under the charter." Therefore, for example : ~ If an attendance audit reveals that Foundation School Program (F SP) funds have been overpaid to the school, and TEA needs to reclaim funds, the amount of the overpayment will be an obligation of the Town of Westlake; ~ When the school contracts for educational materials or services, those debts will be obligations of the Town of Westlake; ~ If the school fails to make the proper contributions to the Teacher Ret ir ement System (TRS) for its employees, and TRS places a warrant hold on payments of state money to the chaner holder, that warrant hold would include any amounts payable to the Town of Westlake, includi~g FSP funds paid by TEA. The Town of Westlake will be the payee for FSP fund~ from TEA. Public Notice: OK (Attachments 7-9, 11-12). Facilities: The exact location and nature of the proposed facilities are not described. The application says that facilities will be "innovatively cross-utilized" between the Westlake Academy and the Town of Westlake (p. 48). Does this mean that existing I As an instrumentality of the Town ofWeseJake, the corporation should be exempt from federal ta x.a lion under 1.R.C. § 115 as long as it is serv i ng an "essential governmental function." Se e, e.g ., Rev. Rul. 77· 261; PLR 200022028. 282 til Gc:neration Chaner App. Review Contingencies lel!ill S~rvices Di\'ision -Chadl!s Mo~)Jy TOWN OF WES:rLAKE -p. 2 municipal facilities will be made available to the school, or does it mean that school facilities constructed with state funds will be used more generally for municipal purposes? Note that newly enacted TEC § 12.128 provides that property purchased or leased with state funds "may be used only for a purpose for which a school district may use school district property." The reason for raising the question is that although the application says that "[t]he Town ofWestlake:s resolution to provide space and facilities for Westlake Academy is in Attachment 24" (p . 48), in fact Attachment 24 authorizes the creation of a nonprofit corporation to issue revenue bonds that will help provide educational facilities "and facilities related thereto," but specifies that no such bonds or obligations will be obligations of the Town of Westlake. Geographic Boundaries: OK (p. 51 & Attachment 27). Impact Statement: OK (pp. 51-52 & Attachment 28). Admissions: The application describes a first-come, first-served system (pp. 86-87). Instead, to be consistent with federal guidelines and the charter contract, the school should designate an application period, and at the end of that period conduct a lottery of all applicants in any grade level for which applications exceed available space. Siblings of Westlake Academy students may be exempted from the lottery according to federal guidelines. Governance Structure: (pp. 15-19,89-91 & Attachments 2-3). We received bylaws but not articles of incorporation for the Westlake Academy Corporation. Also, the application on pages 18-19 describes the officer positions of the Westlake Academy Corporation but does not answer the other app lication prompts concerning the corporation's board of directors (the manner in which they are selected and removed from office, how vacancies on the board are filled, etc.). The bylaws included as Attachment 3 answer these questions to some extent. 283 JAH-1S-B2 12:39 PM y WESTLAKE Mllftl.:m:t E. Baker ti~I\~nr Cnllllsc1 Divi.iion uf I .egal S~rvit:es 170 I N. (""ngrc-i'!<; Ave. Austin. T~l(3j; 7!.nOl·l4~)4 TOWN OF WESTLAKE 817 <4301812 Contingencies .~ '!'\ ""."::.~ :~ . '. ;; .' 1 .- ! ., . , " , i .. ..• ,_ .... 'F_ ' ___ ...... ;, .... - J3nuary I (j. 2002 1 "'pprcci3t( yOW' Itn~r or J:lIlll..a 1 '13.2002 conveying the ()uu;t~t\ding conditiuns tn t:(m)~'lctt~ Ihe Town of Wcs L b\:~· .. lc~ut contingencies. - PL:'r )"our in ~lnll:lW1mi. Ull hduLforthc Town or We'Otlak~ and lh~ Unan.l uf A'dcnJl~n. 1 w-oInt to COn .... (")" our u ndCr.ilad,1ing 11..-t the Tv,,"," ()f Wc~tl:lkt. will hold 11 M: C':h:u1cr ::l.W3rtl~ct hy Ill(: S~t(" UO<lrrl or f.duc:llion. 1 hav.: verinetl that the mi~~jng )J01se (runl The ArHdes ofln"or~faijun for ~ Wtstlalcc Acad~my Cnrpur-J1JOJl ha" bern provuJ,.d lJ) YPii. In :u..ltlilit'm. I received OJ tdephnnt: voice mf,.~gt frum M~. ~.3rtba ralrid.: a' TL:A ,ellint. us thallbe TF.A staff has ..:Jc3rt'lf wb~ile\-'er auuu.ming cutUinc,CTlCIc::i 11"\,1)' haV1; existed. 'I·h e Town or WCSlhik~ j" curr~lllty it! the OIrchit..:L:tulOIl ~clcr.;liot"l ph::l~c oftbe project. it is our undcrmmd\ng that Ol)(e the lq~al cnntinl!:l!l\cic~ h" ... c been ~ddre ... ",--d to TEA'~ $OIti~fa\..1roJ1 fhal wt may c:\pe-ct our Chan(,T cnnlr:n;t. ... 1e35\: Doli'"y \lS a~ sonn iU p'-l$~ihk: jr .... ·c arc con rl1~cd "bo\lt the 11I:·X{ ~K1' utlhc prot.:c5~ ~o lbHl WI: J/lay T"l'mt·d}· ~ny pr()oJl!nt~ immerljawly. Sim:l.:rcly C-· ~"" ___ - '" ./-.~--j Tr~mP~(""""" Tn'olr'll MOlllili:Cr 3 Village Circle • Suite 207 Solana· Westlake, Texas 76262 Metro; 817-430-0941 • Fax; 817-430-1812 • www.westiake-IX.org 284 P.01 DATE TO Contingencies AUTOMATIC COVER SHEET : JAN-18-02 12:40 PM • • FAX U: 15124753662 FROM : TOWN OF WESTLAKE FAX U: 817 4301812 2 PAGES WERE SENT - (INCLUDING THIS COVER SHEET) P.02 ~AN-1S -02 02:50 PM TOWN OF WESTLAKE 817 .. 3131812 - - Contingencies . ~red d OI'])O .... tor r"" .. ; .. ; ( . j .' .(. l-" \. J ' Ruddy Brown. InCQfPorallJr !ii f. y:( corporator ---;i~~-4d:~~';k<--__ ---._ Incorporatvr AR.TICLES Of lNCOFJ'OI\A nON -p,&o 4 Mtl.r~ Mid~dt~ Y3 J;iI1. ~~1-tl3{)-dJ11 ------------~ ~~ Db (if-' ft,. p.02 286 - 817 ",301S\2 Contingencies STATE OF TEXAS COUN")y OF TARRANT 1, the undorsigned, a Notary Public of the Slale of Texa.<, «rtify tlla( on this 12" day of February, 2001, I"""'''olly appeared bef()rc me SCOTT BRADLEY, FKED fiELD, nO]l; REDD1NG, LARRY SPARROW, BUDDY BROWN, and B1LI. PRF.Y who, being by me rtl'St duly swom, sewrally dec lared that tlu..:y are the persons who signed the foregoing dOC\lmem as ir~corporator:s and thAl the statements therejn contained am true. IN WITNESS wm:REOr,1 have hereunto setm>' hand and ",.1 the Jate and Y«lT above "";lton, (SI!ALJ Ginger Cross\.vy My Comm;SSio" Expires; ____ .L-.:./_.l_-~y~d::..'IL__, ________ _ ARTICI,cS OF INCOR.l'oRA TlON _ ~.gc 5 P.03 287 TOWN OF WESTLAKE Contingencies 817 4381812 Town of Westlake J Village Circle, SI •. 207 Westlake, TX 76262 817-430-0941 P.BI w E ~;_ ... .. .. ~~,'.' .. ~ ~'. 0:? .""'::'1.'':'''''--' :..'~'.; .. ":\:' facsitnile transnrittal '0: Fax: -_._--------------_.- Fl"om: Oat~. -------- cc:· --------. ,~ . . ;:.t i;~~.,)"::}_ ... _. _O_For __ R_"""""'_· ____ o p~t'eom._n_"_,.\I ___ o_P_I_c_._..,_""_'"_y ___ O_P_'_ .. _-__ R_O¢y--el- '" .... . -.':',. .,-: .0_. , -c · 288 Contingencies TEXAS EDUCATION AGENCY Jim Nelson C o m lTl is s i on~r of Edu l,.':\I inr. January 3, 2002 Mr. Trent Petty Town Manager, Town of Westlake 3 Village Circle, Suite 207 Westlake, TX 76262 Fax (817) 430-1812 Re : Legal Contingencies for Westla ke Academy Dear Mr. Petty: VIA FACSIMILE I have reviewed your letter dated December 10 , 200 1, regarding the legal contingencies of which you were previously informed. There are two matte rs that must be addressed to resolve all legal contingencies. First, statements in your letter reflect that you are confused about the meaning of the terms "sponsoring entity" and "charter holder" and about the roles of the Town of Westlake and the Wes tlake Academy Corporation . Both "spensoring ent ity" and "charter holder' refer te the entity that is eligible to receive a charter under Texas Education Code Chapte r 12 , Subchapter D (Le ., a governmental entity or a 501 (c)(3) nonprofit corporat ion). The application for charter school tha t was approved by the State Board of Education listed the Town of Westlake as the sponsoring entity for the proposed charter. Thus , the Town of Westlake, not the West lake Academy Corporation, will be the entity that holds the charter, or the charter holder. From TEA's standpoint, the Westlake Academy Corporat ion is essentially a managing school board. Accordingly, the statements in you r letter that the Westlake Academy Corporation "must be the charter ho lder" and "will operate the school completely" are incorrect. The Town of Westlake will be the charter holder and will be ultimately responsib le for the operation of the charter school. The charter contract which will be entered into with the Town of Westlake will provide in part that the Town of Westlake , as the charter holder, "may not delegate, assign, subcontract or ot herwise alienate any of its rights or responsibilities under the charter." Please acknowledge that you understand the above-described issue. Second, please provide the missing page from the Articles of Incorporation for the West lake Academy Corporation. Once these matters are resolved, I will notify the Charter School Division that all legal contingencies have been corrected. Please contact me at (512) 475-3432 if you have any additional questions. Thank you for your cooperation. Preparillg Children, Promoting Excel/ence 289 Sincerely, m~-f t~ Margaret E. Baker Senior Counsel Division of Legal Services c: Mary Perry Ertha Pat rick Contingencies 290 ....•. ..... . : .•.. : . '. .0 '. ,. ,.< . :': ,'., . " .. ' , ,. , , " o FAX o M08ILE_",==~_~==_-,===-:-AREA cooe NUMBER nME TO CAA..L. L~~~_, __ L?1,~E CALL --/'=-"1 i, CAMe 10 SEe YOU I il WILL CALL AGAIN , i 1 ! ·r I i WANTS TO SEE YOU I ji RUSH I I SIGNEO TOPS ~ FORM 4005 V UTHO IN U .S.A.. ';.' ,', .".'. i i .... ."' [;. ' ...... . I;'· r' .,:'" I i ;." . . . ~." .' ' . . .... : .. : ... :' -" . ,-... , :. ',' ; . . ,' . ~ . ; ..... "', ~ ::. 'J:;::>,\':' .• ', Y , .. , ..... ", ',." 291 Transmiss on Th i rmed Report Dete /T i me Loce I 1 0 Local Name Como~ny L OIJO Contingencies 1-3-02j 10: ISAM SI2..4e3 829a TEA LEGA~ SERV I CES FAX ~EPLY T O 512-475-3662 s document was (reduced samp[ detai e Letter-S conf and [s be [ ow) Document Tot ~1 p a~Bs Scanned INO. Doc P e mote St ec: i~r"I i , 5 7 ~ gl a 17 43011io 1 2 Notes EC; E r"r or Cor rect CP: ComO l e t ed HS: HOst SC .. I"I 1-1 0s t Fax S i ze TEXAS EDUCATION AGENCY DMilon ofl...6gal SlIrYlc .. 1701 North Congnla Awnu., Suit. :·ieo AI,IIUn, T_ 787C1 Fac:s!m"' Irw!!rnlY!1II! !Uwlt Hlnber of peg .. IncllUilng co..,.,. aheet J...... 7iiW.cI C€ hkrrLA.<C F~ 8!Z-'I,?)-!&:l. Tet.: ________ _ 'rom: "'rg,rat E. a_ker SanIW Coul\Ml Fmc: (512) .75-~H2 T • ..: (51 2) 463-Q72Q CoafIo.nu..1ttv NgtiC. Th. tae.lmila tr.an.m~on enCIltI aeoornPlf1)'if11iil docnm~ may oont&in ocnnOentJII Inform.tion tn.t I. pn;cggted by "w anGIor '1Ide,.. law _ .ttorney-c;u.nt. prwU'g4I. n. information III Intel'l4ecl Dflty for u.e La. Of 111. Ind lvldlliltion or entity rwmed abCIW. If VOU ar. not tn, IntendllCl (IIclpiont" ~ ... ""'.b)I nowt.d tMt all)' dl5c:ka!r., copying. cfI.tnl)uaon, or 1M tMol"i or &~ action In rea.nu on tM c:onwnbl ~ Utis I~'" ~ prohlblled. If you 11_ ra(:lIIlwcIlhl. 'ran.mI...-IonM iJITW. 1»I .... 'mmMl.1y notify _ ~ coIllctt,ajIlPnon. CIIU 1.oarr&/lglllJor the rGtlJrn of tho documents •. , T oti'l ; ~a~es Co n f, r-m ed , S t a r' t T I ·T.a !DI,J /"..,1:I C n ~O d es I .·..,·:.:-de ,-3 -0 2:1C ; 13AM I l ' 26" 3 / ,I EC ~E: ~e :s.e nd ~D: POI l ed Oy R emot e M~: Mult i -PO I I PG: POI I ,no 0 I;emote &:1M: AE'ce l v e '0 Memory CR: Doc u l'I'.e.., t. ;::;;e mo,",ed H~: 1--0$ t Pr,nt FO : F o r-ce d 0 1) t P I) t HR: hOst Re c e i v e FM: F O r-W i"'O M. , leo x I co mmer"l t:s j~esul t s Icp e 600 Me; Re ceive '0 M a , I OO X P I , Po wer-Inter-r-... ot .on T M : T er m inated oy user" WT: W;'l t l n g T r-"n S·er Doc. WS: Wa I t '''':;0 send 292 Contingencies TEXAS EDUCATION AGENCY Division of Legal Services 1701 North Congress Avenue, Suite 2-150 Austin, Texas 78701 Facsimile Transmission Sheet Date: -0L..f-C'to£.f->/a~l:2=----Number of pages including cover sheet l To: ,Itjg. 7Rfurrtuy 7OWA; ;o/!tII!(6ER. Fax: 817-'130-/$/2. Tel.: __________ _ From: Margaret E . Baker Senior Counsel Fax: (512) 475-3662 Tel.: (512) 463-9720 Confidentiality Notice This facsimile transmission and its accompanying documents may contain confidential information that is protected by state and/or federal law or attorney-client privilege. The information is intended only for the use of the individuation or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying , distribution, or the taking or any action in reliance on the contents of this information is strictly prohib ited. If you have received this transmission in error, please immediate ly notify us by collect telephone call to arrange for the return of the documents .. 293 Contingencies TEXAS EDUCATION AGENCY 1701 Nonh Congress Ave.* Austin, Texas 7870 1-1494 * 512/463-9734 * FAX: 5121463-9838 * htrp:llwww.tea,state,tx,us Jim Nelson Commissionu of Education January 3, 2002 Mr. Trent Petty Town Manager, Town of Westlake 3 Village Circle, Suite 207 Westlake, TX 76262 Fax (817) 430-1812 Re: Legal Contingencies for Westlake Academy Dear Mr. Petty: VIA FACSIMILE I have reviewed your letter dated December 10, 2001, regarding the legal contingencies of which you were previously informed. There are two matters that must be addressed to resolve all legal contingencies. First, statements in your letter reflect that you are confused about the meaning of the terms "sponsoring entity" and "charter holder" and about the roles of the Town of Westlake and the Westlake Academy Corporation. Both "sponsoring entity" and "charter holder" refer to the entity that is eligible to receive a charter under Texas Education Code Chapter 12, Subchapter D (Le., a governmental entity or a 501(c)(3) nonprofit corporation). The application for charter school that was approved by the State Board of Education listed the Town of Westlake as the sponsoring entity for the proposed charter. Thus, the Town of Westlake, not the Westlake Academy Corporation, will be the entity that holds the charter, or the charter holder. From TEA's standpoint, the Westlake Academy Corporation is essentially a managing school board. Accordingly, the statements in your letter that the Westlake Academy Corporation "must be the charter holder" and "will operate the school comp leiely" are incorrect. The Town of Westlake will be the charter holder and will be ultimately responsible for the operation of the charter school. The charter contract which will be entered into with the Town of Westlake will provide in part that the Town of Westlake, as the charter holder, "may not delegate, assign, subcontract or otherwise alienate any of its rights or responsibilit ies under the charter." Please acknowledge that you understand the above-described issue. Second, please provide the miSSing page from the Articles of Incorporation for the Westlake Academy Corporation. Once these matters are resolved, I will notify the Charter School Division that all legal conlingencies have been corrected. Please contact me at (512) 475-3432 if you have any additional questions. Thank you for your cooperation. Preparing Children, Promoting Excellence 294 Sincerely. _ f11~t~ Margaret E. Baker Senior Counsel Division of Legal Services c: Mary Perry / Ertha Patrick Contingencies 295 Contingencies TEXAS EDUCATION AGENCY 1701 North C ungre ss Av e. ':." Austin , Te )(a ~ 78 70 1 -14 9 4 Jr 5 12 /46 .;·9734 .--FAX : 5 1 2/~6~-983S .. hup :/l www.lca,state .tx..u s Jim Nelson C l.m mi s siuner llf Edu ..;:tlilJ lI November 28, 2001 Mr, Trent Petty Town Manager, Town of Westl ake 3 Village Circle, Suite 207 Westlake, TX 76262 Fax (817) 430-1812 Re: Legal Cont ingencies for Westlake Academy Dear Mr. Petty: VIA FACSIMILE I have reviewed the information that you submitted addressing the legal contingencies of which you were previously informed. Though the information reflects that you have reso lved most of t he contingencies, there are several matters that must be corrected . Your letter states that t he Town of Westlake will be responsible for the legal obligations of the charter school, including the obligation to payoff any revenue bonds that are sold . The three February 12, 2001 resolutions in Attachments 1 and 24, however, confl ict w ith these statements in that they states as follows: "WHEREAS, no Bonds or Obligations of the Corporation will constitute obligations (whether special, general, or moral) of the Town ." It would seem that formal action by the Board of Aldermen is needed to clarify the issue of the Town of Westlake's responsibility for the obligations of the corporation and the school. In addition, you provided a copy of Westlake Academy's Articles of Incorporation that consists of three pages but does not include any signatures. It appears that the last page of the document is missing. Please provide the missing page so that we will have a complete document. Finally , House Bill 6, wh ich became effect ive on September 1, 2001, added requiremen ts that all charters granted: (1) prohibit discrimination in admissions based on artist ic ability and (2) specify the manner in which a school will distribute to parents information related to the qualifications~f each professional employee. (See Texas Education Code section 12.111 (6), (~). Accordingly, you need to amend your application by providing an appropriate non-discrimination statement and a statement regarding how you will inform parents of each professional employee's qualifications. Once these matters are resolved. I will notify the Charter School Division that all legal contingencies have been corrected. Please contact me at (512) 475-3432 if you have any questions. Preparing Children, Promoting Excellence 296 S ;;~t~ Margaret E. Baker Senior Counsel Division of Legal Services c: Mary Perry Ertha Patrick Contingencies 297 Transmlss on Thi conf rmed Report D8'te/,lme Local 10 L..OCa,l Ne:me CcmD01"1:i LOQO Contingencies 1 -15-02; -4: 1 SI='M 512·,463 8298 T~A L~GA~ SE~VICES FAX REPLY TO 5'2 -475-3662 s document was (reduced samp I e and detai Letter-S Is be l O W) Document TO't8 1 Pa~e~ Scanned NO. Doc l=Iemot.B £t:8': I on , 1356 916174.30 1 9 1 2 No'te!l EC : Er r o r Correct: ec : Sroadcast Send CP: Completed "'S : HOst Sc an H"-Host Fax Size TEXAS EDUCATION AGENCY DMMfl «tAp! s.w.. 1 701 NDt1hCon;r-~. Suite 2·150 ~.tIn. T_ 71701 FM:,;lmile T .... rnitMrI Sbt.t FI'I),": Mlirganlt 1:. s-kM s.nIOf' CoLtr'IMl File (1512) 475-3662 T •. : (512) "').4720 F.., 6't7-{(?O-mtz r".: _______ _ Cqaftdcnl!allty !+oIk' Th~ 1ac.imillll tr.""'-'or! ftIG u ~p8ny"" ~ rray contain c~ IMDr"..uo" lIIel ... ~ by ..... Mellor ~ r.w or IlUDmly-oll-.t ~.. TIl, InNf1UCIOn '-nurtCMd only far tn. liM at the ,lndlvldueGcn or ... tlty Nlmecf.tlow. II' yOI"l .,. not tn. Int.Med reo~.1'It. ~ ... htreby rtetlf\a4 '!Nt My d'lKlceun. ClO.",InO. dt..b1but1on, or tho taIUng or filii)' acUon in rdianG. on th, contelTb of this In1onnatlon ia _t:nouy Pf"otIlb/ted. If you tw .... r.c ....... IfI. ~m .. on In IHTOI". pl ••• Immediately notify Poll by OCIII.cl tat.ptlane ;all to &lT8ftgefOf' the return oj; tM ~1m\.MI. . . 3 3 ,- -; i S":flr-t: 'T I me Durat: I on I='a<;les \/Iooe \cortments 1-1 5 -02 ; P;E: Re send M=-: Mult '-POI 4, ISI='M RM: Fece ,ve to M~rnO,.y ~j:): hOSt p,.,r.t HR: ~ost Recq,v e ,. 24 " 3/ 3 EC I P D: ~O , 'ed OY RemOte PG: PO, , , ng • Re mote DR : Docurr.en t I=temo v ed FO: Forced O'J'tp u t FM: FOl'"ward Me , 100X MB: p, , TM: WT: DOc. ...... s: ReS ... I t;S C~ 9600 Rece ,ve to Ma, Ibox power Jfl te r ,.uDt: Ion Term l n.:;,ted o. use,.- welting T "sn:s"f er Welt i ng Send Contingencies TEXAS EDUCATION AGENCY Division of Legal Services 1701 North Congress Avenue, Suite 2-150 Austin, Texas 78701 Facsimile Transmission Sheet Date: ___ ~7-/d?---,-,,-~ __ Number of pages including cover sheet .3 To : /lftWf}1;116em:: Fax: 8/7-'130-/fla Tel.: __________ _ Remark s : 1<:f;:\Ves11.Ai:::~ t<AI>Q\y From : Margaret E. Baker Senior Counsel Fax: (512) 475-3662 Tel.: (512) 463-9720 Confidentiality Notice This facsimile transmission and its accompanying documents may contain confidential information that is protected by state andlor federal law or attorney-client privilege. The information is intended only for the use of the individuation or entity named above . If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking or any action in reliance on the contents of this information is strictly prohibited . If you have received this transmission in error, please immediately notify us by collect telephone call to arrange for the return of the documents. . . . 299 TransmisSion Report Os'te/T,me L Oca I 1 0 Loca l Name Company LOgO Contingencies 11 -29 -0,; 9:27AM 512. 463 92ge TEA LEG~ S£RV1CES FAX I=IEPLY TO 512.-475-3662 Thi S document was (reduced samp I conf e and rmed detai Is be lOW) Document Tot:a I l='age!S Scanned NO. DOC I=temate Sta,,: , 2 , 91817 .. 3018'2 Note!:; EC: E~ror COrrect: 8C: eroa~Cast: send C~: CorncletF.!'~ HS; HoSt: Scan !-lost: Fax on Size Letter-S T •. 'oJ Ed\I(1/i.., "I""~ FAX • TO"ra I Paoes Conr I rmed 3 Star'"t: T i me O IJ I"<:It:ron Psges MOde \camme n t5 , , I -:2.5o-Q 1 ; 9: 25.o:.M ., • 2. t ~ U 3 EC , , !=IE: pesend PD: Po, 'eo oy ~err.c-.::t!' /vIe: MP: MU l t '-PQ I , PG: pc ' , ,no a -=<emo.:e p, , !=1M: l='!'i:!;cp.;lve co Me:no r;; OR: D:::c ~;men't :::'e~oved TM: .-IP: Host Pc ,nt: FO: Forced Ou'tp ,~'t wT: HP: Host Rece ; '.fe F'''''': Fer-ward Ma l 100]1 Doc. ws: Resu l tS CP 9600 Reee l va to Ma I I CO)( Power-Ince,.-rup't I Cn Te r m , natsd cy l l ser Wa i ting Tran~+er Wa,t lng Send I l 300 Tens Education Agency 170 I North Congress, Suite 2-1 SO, Austin TX 7SiO I , Contingencies FAX · - Date: /~-- ~ Number of pages inc udmg cover sheet To : From: Office of Legal Services #R.{~~ Zt2,W)./ foIAAI/l/iEiC"'" ~6-1%CT £. t..~ , mwt1l at=' W'CSr£A(C 1 Pbooe: FiX phone: ~17-c.;:10 -/ ~/2. Phone: (512) 463-9720 CC: FiX phone: (512) 475·3662 REMARKS: 0 Urgent ~r yow-review 0 Reply ASAP 0 Please commeol "kt: WfSn.AK~ Ao-.neMI.( . - 301 , Contingencies TEXAS EDUCATION AGENCY 1701 North Congre.c;s Ave.*: Ausrin. Tex.as 78;01·1494 -~ 512/463-9734 -; FAX: 512/463-9838 '* bup:/lwww.tea.state.lx ,us Jim Nelson Commissioner of Educat ion November 28, 2001 Mr. Trent Petty Town Manager, Town of Westlake 3 Village Circle, Suite 207 Westlake, TX 76262 Fax (817) 430-1812 Re: Legal Contingencies for Westlake Academy Dear Mr. Petty: f5)! ~ (G ~ ng ~!fnl ~, NOV 29 m ilW I i Charter Schools VIA FACSIMILE I have reviewed the information that you submitted addressing the legal contingencies of which you were previously informed. Though the information reflects that you have resolved most of the contingencies, there are severa l matters that must be corrected. Your letter states that the Town of Westlake will be responsible for the legal obligations of the charter school, including the obligation to payoff any revenue bonds that are sold. The three February 12, 2001 resolutions in Attachments 1 and 24, however, conflict with these statements in that they states as follows: "WHEREAS, no Bonds or Obligations of the Corporation w ill constitute obligations (whether special, general, or moral) of the Town." It would seem that formal action by the Board of Aldermen is needed to clarify the issue of the Town of Westlake's responsibility for the obligations of the corporation and the school. In addition, you p rovided a copy of Westlake Academy's Articles of Incorporation that consists of three pages but does not include any signatures. It appears that the last page of the document is missing. Please provide the missing page so that we will have a complete document. Finally, House Bill 6, which became effective on September 1, 2001, added requirements that all charters granted: (1) prohibit discrimination in admissions based on artistic ability and (2) specify the manner in which a school will distribute to parents information related to the qualifications of each professional employee. (See Texas Education Code section 12.111(6), (11». Accordingly, you need to amend your application by providing an appropriate non-discrimination statement and a statement regarding how you will inform parents of each professional employee's qualifications. Once these matters are resolved, I will notify the Charter School Division that all legal contingencies have been corrected. Please contact me at (512) 475-3432 if you have any questions. Preparing Children, Promoting Excellence 302 Sincerely -m~t~ ~argaret E. Baker enJ~r Counsel DIvIsion of L egal Services c: Mary perry/ Ertha Patrick Contingencies 303 -y Contingencies NESTLAKE Margaret Baker Senior Counsel Texas Education Agency Division of Legal Services 1701 N. Congress Ave. Austin, Texas 78701 Dear Ms. Baker December 10 , 200 I Thank you for the time you have spent reviewing the Westlake Academy Charter School application. J apprec iate your patience and diligence as we seek 10 answer all the questions and correct any errors or oversights still existing in OUf application. I am glad to pro vide the following response cOllce-ming the issues discussed in your Jett er and more spec ifically in our telephone conversat ion. In order to attempt to clarify the outstanding issues, I am re ferri ng directly to a Texas Education Agency, Dlyision of School Financ ial Audi~ Memorandum sent to Mary Perry, Manager of the Division of Charter Schools by Ramon Medina, Senior Audit Manager, Chaner School Audits Section on June 9, 2001. The memorandum noted the following under subheading Statement Describing Sponsoring Entity, page 12: 1. The applicant stated "As a government entity, The To,,"n of Westlake found that it was in the public interest that a non -profit corporation, The Westlake Academy Corporation, be created under the Texas Non-Profit Corporation Act to act on behalf of the Town as its duly constituted authority and instrumentality, within the meaning of the Internal Revenue Code of 1986, as amended, for the purpose ofproviding educat ional services and facilities," However, the applicant identified the sponsoring entity as the Town of Westlake, Texas on the coversheet. The applicant should clearly identify the entity that applied for the chaner" ANSWER The sponsoring entity for the: chaner school application is The Town ofVt'est lake , The idea, the vision. the p lanning and implementation of the Westlake Academy are all direct results of the Board of Alderman of the Town of Westlake directing the staff to hire the consultants, retain the lawyers and submit the application for the Westlake Academy. Snucturally, the Town received input from legal staff, ow consultants and TEA concerning the creation of the non -profit corporation to operate and manage the school. This entity is the Westlake Academy Corporation (see application Section J, pan G, p.12), which was created as an insnumentality of the Town of Westlake, As the resolution ind ica te s, the Town maintains 100% responsibility. ownership and control of the Westlake Academy through its insuumentality, the Westlake Academy Corporation. Accordingly, TIle Westlake Academv Corporation must be the .cb2:rtcr holder It is the Town's intent to issue debt, build, own and operate the facilities which house the West lake Academy. The Town of Westlake will then lease that portion of the facilities used by the school to the Westlake Academy Corporation to operate the school in accordance with the application. We believe this arrangement makes the best use of tax revenues by focusing them on teaching , curriculum and operation rather than debt service. The Westlake Academy Corporation, like any non-profit corporation created under Chapter 12, Subchapter D of the Education Code, is authorized to issue debt. \Vhile it is not contemplated 3 Village Circle • Suite 207 Solana' Westlake, Texas 76262 Metro: 817-430-0941 • Fax: 817-430-1812 • www,westlake-tx.org 304 Contingencies that the Corporation will ever have to issue debt, the fact remains dlat if it did, then the Corporation would be responsible for issuing and supporting that debt, not the Town of Westlake. The separation of rhese entities would not only be practically necessary for municipal finance purposes but legally necessary for a Type A General Law City. Therefore, as stated in the application and cited in your letter, no Bonds or Obligations of the Corporation will constitute: obligations of the Town. The Town of Westlake will jointly use the Westlake Academy facilities. All administrative functions oflhe To\\'Il and the Academy will be housed under one roof in the facilities built by the Town of Westlake. The unified management and control of the school and the Town are one of the unique features that we believe will lead to a more efficient and effective organization structure for the school. The vision for the school is for many oflhe same classrooms that house children during the day be available for adult continuing education progr;}fl1s and corporate training at night. These classes and uses would be offered and mainta ined by the Town of Vlestlake as owner of the facil ity. Appropriace proportioning of expc:::nses and sepura[iun of funds bc;twt!ell the Town of\V(:~tlakc and the Westlake Academy Corporation will be stricdy maintained and accounted for as required by municipal GAAP and standard municipal financial reponing and disclosure. The structure of the v...'estlake Academy Corporation as described in the Resolution clearly demonstrates the Town's commi tment to oversee and govern the \\'estlake Academy. Specific ,teps taken by the Town to illuStrate this commitment to TEA and the Board of Education include the Town owning, ,upervising and controlling the facilities; the Town appointed the Town Manager as CEO of the School and the Mayor as Chairman of the Board; and finally, the Town appointed each of the elected Alderman to fill all school board positions. This organization structure should clearly demonstrate the control and accountability required by the Legislature, instructed by the State Board of Education and ,ought by TEA. The Westlake Academy Corporation will 0 rate the s hool com letel .]t is full acknowied ed and understoo t e o er ot t dem Co oration, may not and Wl not delegate. assign, !ill contract 0'-, otherwise alitg!ate any of its rights Dr re~p(;m~i i ines un er tee lar er . ~ -. "C '" This provision is fully understood and agreed to. 1 apologize for any confusion that may have resulted from subsequent communications regarding the Town's ro le in the management and daily operation of the school You also cited the need [0 amend the application to provide appropriate non-discrimination statement and a sratement regarding how we will inform parents of each professional employee's qua li fications . These amendments have been made and are attached for your review. While we are more than happy to illustrate , ~~r TI,0!l-clisrr!mimtio!l ?Olicy , J fi!~..j i! curio\l~ that TEA wC~lld add !his !e,p.lir~m~nt when the !~gjs!Jn ~re passed it after the application deadline had already passed. Is [his a retroactive requlrement? If so, we will be happy to comply, or if it will be simpler, we can send the statement without having to necessarily amend the application. I will await your direction one-way or the other. If you have any further questions, please do not hesitate to call me at (8 17) 430-4857. We appreciate your help and patience as we continue toward building a unique and very special school that will open a new door to excellence in Public Education for the State of Texas. Sincerely, ~ Trent O. Petry Town Manager 305 Contingencies Westlake Academy will prohibit discr imination in admi ss ions based on anist ic ability and we will inforni' the parents of the qualific ations of the professional employees that te ach their children. This information will be disseminated in a brochure that will be pub lis hed each year that g iv es a brief v i ta of the staff of the school. There will be current records about each teacher's qualifications. which will be readi ly avai lable in the office and throughout the year for parents to view whenever they wish. Vlith regard to the non-discrimination statement , w e assert that in its enrollment procedures Westlake Academy will not discriminate on the basis of artistic or athletic ability. 306 • Contingencies 71h Gt.:nt.:rJtion Charler App. RC\'icw WESTLAKE CHARTER SCHOOl. Legal Scrvict.:..s Division Charles Moody E\'idence of Nonprofit Status: N/A. The charter holder will be the Town of Westlake. Governmental entities are eligible to hold charters pursuant to TEe § 12. 101 (a)(4). Westlake has established a nonprofit corporation to act on its behalf in establishing and operating the Westlake Academy (Resolutions, Attachment I). The exemption of this corporation from federal income tax is a separate question, I but whether it is exempt or not, the State Board of Education still has statutory authority under the Education Code to grant a charter to the Town of Westlake. From TEA's standpoint, the nonprofit corporation wi ll occupy basically the position of a school management board, with ultimate accountability for compliance with the charter resting with the Town of Westlake. The resolutions provide that no bonds or obligations of the nonprofit co oration constitute oblioati fW e \Attachment I). I t e corporation has authority under the Texas Non-Profit Corponllion Act to ISSLiereven'ue bonds that by their terms are payable only from revenues of the school, and that do not otherwise bind the Town of Westlake, the exercise of that authority presents no problem for TEA. However, the applicant should recognize that nothing in the Resolutions will keep the charter holder (Town of Westlake) from being obligated for ordinary debts of its charter school. The contract for charter, which will need to be signed by the Mayor on behalf of the Town of Westlake and not just by the board chair and CEO of the Westlake Academy Corporation. provides in part: "Charterholder may not delegate, assign, subcontract or otherwise a lienate any of its rights or responsibilities under the charter." Therefore, for example: ~ If an attendance audit reveals that Foundation School Program (FSP) funds have been overpaid to the school, and TEA needs to reclaim funds, the amount of the overpayment will be an obligation of the Town of Westlake; >-When the school contracts for educational materials or services, those debts will be obligations of the Town of Westlake; >-If the school fails to make the proper contributions to the Teacher Retirement System (TRS) for its employees, and TRS places a warrant hold on payments of state money to the charter holder, that warrant hold would include any amounts payable to the Town of Westlake, including FSP funds paid by TEA. The Town of Westlake will be the payee for FSP funds from TEA. Public Notice: OK (A ttachments 7-9,1 1-12). Facilities: The exact location and nature of lhe proposed facilities are nol described. The application says that facilities will be "innovatively cross-utilized" between the Westlake Academy and the Town of Westlake (p. 48). Does this mean that existing ,-;: .... of j'Je.fl" ;;, . .: , .... I~' ~(-..... I As an instrumentality of the Town ofWc;:sLiak..c, the corporati on should ~ ex.emp{ from federal tax.ation under I.R.C. § 115 as long as it is serving an "C!ssenlial governmenml function." Su. e.g., Rev. Rut. 77- 261: PLR 200022028. )' .- •. :,/ • .1.-'l\;r'(1.-""·'" St' , -'-:'-; I I .,./ l .,. _: .. ~, {_.'1 .... ,. .;:., ~ ',/1. C ;CC:t rcc.r·. ;rl\~;~. I.,!.;J:-~::/ {;., ~ f,:" ;"rpc;e.: 307 • 7rh Generation Charter App. Review TOWNOFWESTLAKE-p.2 Contingencies Ll.:gal Scr\ii~~s Divisinn Charle, Moody municipal facilities will be mude available to the school, or does it mean that school facilities constructed with state funds will be used more generally for municipal purposes 1 Note that newly enacted TEC § 12.128 provides that property purchased or leased with state funds "may be used only for a purpose for which a school district may use school district property." The reason for raising the question is that although the application says that "[t]he Town of West luke's resolution to provide space and facilities for Westlake Academy is in Attachment 24" (p. 48), in fact Attachment 24 authorizes the creation of a nonprofit corporation to issue revenue bonds that will help provide educational facilities "and facilities related thereto," but specifies that no such bonds or obligations will be obligations of the Town of Westlake: Geographic Boundaries: OK (p. 51 & Attachment 27). Impact Statement: OK (pp. 51-52 & Attachment 28). Admissions: The application describes a first-come, first-served system (pp. 86-87). Instead, to be consistent with federal guidelines and the charter contract, the school shou ld designate an application period, and at the end of that period conduct a lottery of all applicants in any grade level for which applications exceed available space. Siblings of Westlake Academy students may be exempted from the lottery according to federal guidelines. Governance Structure: (pp. 15-19,89-91 & Attachments 2-3). We received bylaws but not articles of incorpo ration for the Westlake Academy Corporation. Also, the application on pages 18-19 describes the officer positions of the Westlake Academy Corporation but does not answer the other application prompts concerning the corporation's board of directors (the manner in which they are selected and removed from office, how vacancies on the board are filled, etc.). The bylaws included as Attachment 3 answer these questions to some extent. 308 Nov-as-al eS:22 PM TO WN OF ~ESTLAKE :317 4301812 WESTLAKE ACADEMY FACSIMI:"E TR.\~SM!TT,I,.L Sr~EET ;;' I ~t ( ''.1 \f"y Peny )'bry ).lic!gc:tc r I I;"H' \ .... V :),\';'1-: 'U :.A Divi,ion ofCh,rtcr Schools \ j /5/01 I ,,x .... :,.1,,1\\1.11 512-4G3-9H38 8 '" Chart"r c\l'piicatiol1 Audil Response o FOI~ KJ':V 11 ·:\1. \ld'l :'"JnM ;\tl :~T~ :-'h:y, D I'L E .\:'\E C"!\:.\lE>.T D Pt.:',.\:-:I·: !t~'J'l.\, Contingencies I bl!:;(!\'c you ~l~d Dr, Jo hn 13[uO)k~ have c.:~c:J~!cc! :hi! l c ~~c: vi_ ?hor:..e ccnversat:.om ! i.e:::: is !!':c f~:-.:\! vc:sion , :siglled . C',C. \"·oult.! yc~ plc:\sc: g1"'"C mc;\ c.:all anc ~cr:r!c k~O'~i ~'h:u :I::C !':c.""r ~tC? i, .:n teq!.:esD~g the c:acJl5ic:: fur o pening :ha( we discus~cd earlier ill the YC3:. 1 belie-Ye that thi) It:!tt:: :s tb: lase i{C'm you r..ccd f:urr. us bcft)l'c issumg the charter COn[l;lCl. E :.hoe:re is :l:".~·t.~":'ng furthc:, please:'o not hC5:ti1.tC to call ;::c . Than k yt:.lU [Dr your help in [his m~tlc:. ~: . .-> •• ~r ·, .. ...-' , ~., vrl.J.:'·{;E CI1((;!.I(SU ·J 'ff(·2 0i W li :-:TL.","'E. T1·:X .... S ':'6262 1':!(I S E 11117''',\11·0'>'1 I',\X !S l ~-")lJ·l"l! :-.. :. :. - \ --. ". , ,_'ee \ c - F ' • I) 1 -' 309 1 1 /0:;/01 ~O\" :!II::!:I !T\'RX \11 Ij:Plli ! 2jf)!:! Nov-as-al 0S:~Z PM TOWN OF WESTLAKE y- WESTLAKE October 24, 200 I \ls. Mary Perry, Manager Division of Charter Schools Texas Education Agency I iOI :-Iorth Congress Avenue Austin. Texas 78701-1494 Dear Ms. Perry: S17 43al812 COntingencies In Response to the M.Jnorillldum to yOll from the Charter School Audits Section dateJ June 9, 2001. conc~!Tlir.g the Charter AP?lic:ltion fer Wesllake Academy, The Towr. o f Westlake wishes to respond to the concerns pointeJ O:lt in the following manne:: FISA:"fCE REVIEW: ;... Stille",c"t dcscribin.JLsoonsorin~ entity, :Ja~c 12 The Town of Westlake appli.;C for and received the charter. For orgnnizar ior,nl purr"scs. the Town elected to create a new division, much like any other city dCj:lar.mcr,t by organizing and appointing the "Westlake Academy" as described in Attachment ;;1. Resolution 01-05 oft!:e arplica\ion. To eliminate any doubt as t o the Town's intentions and organizing structure, the Board of Aldermen appointed themselves acting in the i, elected capacity and responsibility 10 the Town of Westlake as the D i rectors of thc Academy. Furthennore, they appointed the Town Manager, aCling in his capacH y as Town Manager, as the Executive Director; and the Mayor as Cha innan of the Boa re o r D irectors . By creating the "Westiah Academy" and stru~turing the organization under tlte c"lllru : of the elected Board of Aldermen and the Town Manager, the Board insured the Town's ability to sell bonds identified for the school, as well as provide permanent ownership. rne"~g '"mcnt and control of the school by the Town . .,. Studenl attendance (excused and unexcused absences), page 43 The School acknowl~d80s that we will be governed by Ihe Student Attendance Accounting Handbook and other applicable state and federal regulations in determining if a student is present or ahscnt and, consequently, if the charter school is entitled to Foundation School Program funds. 3 Vil~age Circle • Suite 207 Solana· Westlake, Texas 76262 Metro: 817-430-0941 • Fax: 817-430-1812 • www.westlake-tx.org ·3·10 .J J :. NOV-U~-~l ~~;~~ ~M TOWN OF WESTLAKE 317 43~)lSl:Z - Contingencies SPECIAL EDl'CATlO=" REVIEW; Wes:lak: Acad~my accepts the res;lcr.sibi li:y to impiemc!'ll a sYStem of Child Fine a5 1 chaner schocl I local educalion agency o f the Slale as s t3tcd or. "age 73 or o"r appiichLior.. -, Confi(lcntiality :'\10 infon!l<ltion was reques[cc. ... Procedural Safeguards \10 i2ifon~'~\tion was requested . ., Prior notice bv aQ'encv: conte:-:~ ofr.ot ice 1\'0 inform:ltioll was requested_ ,. Observation (assessment/ev aluation) 34CFR 300.531·300.5443; TEe 29 .004: 19TAC 89.1015;8'),1040 Westlake Academy will provide for the Evaluation -Procedures, Determination of l\eedcd EvaluatIon Data, ReevaluatIon, Additional Team Memhers, Observation, lind Written Reports in compiiar.ce with 34CFR 300 .531-300.5443; TEC 29.004; 19 & T AC 89.1015; 89.1040. When the professional staff is hired al~d can participate in the development process of t hese procedures. The ru les oj' lhe Texas Edllcation Agency and Federal Regu l ations (as illustrated in the Side by Side document produced by the Spcc;a\ Education Division of the Texas Educ<ltiol1 . Agency oaleu August 20(1) will be fol!owcd. -, Dcvelop,neilt and Implementation of lhe IEP Westlake Academy wi ll designate that lEPs must be in effect at least with i n 90 days of initial referral. The lnd:vidua l Education Plans w:!1 be prep<lred by the ARC> meeting, which must Occur lIO later than 90 days from the init ial referral. The Aumission Review & Dismissal committees are to me:t once a year and within 90 days or the initial refma!. The conten t of IEPs, Our responsib ility for Transition Services, and the accountability for IEPs; will be desigr.ated as the professional slaff is hired and can participat<: in the development process of those proced"rcs. The rules cf lhe Texas Education Agency and Federal Regulations (as illustrated i n thc Sid~ by Side document produced by the Specia l Educat:on Division of the Texas Education Agency dated August 2001) will be followed. , Least Restrictivo Environment (LRE) Placement 311 lt /O:;/O I :1J(1 .' 2t1 ::!:l I T XdtX \0 !i:I ,\li l Qjnn :: NOV-~5-01 OS:=~ PM TOWN OF WEST~AKE Sli' 4381812 Contingencies The CC!~tir11.a.:ni of altc:-:1at:ve plac:!mer:ts win use as a g"..;id.e; the i:..:ks c:" :h·:--T ;.'.~s EJucation Ag~ncy and Federal Ro!r:la!ions (as illusl:alOG It! th~ Sid~ by 5,J" Jcc~ment produced hy the Special Education Division of the Texas EJu,31 ;e,~ Agency dated August 2001) (pages i49 -192). Generally. all LRcs will he made 01: on individual basis. using the to[al continuum of s~rviccs ,hs~usscd aho\c. Placement. wil! be made annually by the ARD committee. Students will be g;\'O:1 opportunities in ncr.ac~d\:mic se:tings to be mainst:-csr::ed with regular stl..:den:s, , Transitional Pbntling Westlake Academy will follow 34 CFR 300.29, TEC 29.011: TAC 89 .1"1 10, a:,J Ihe Transition MOt:. This i~ stipulated in the Side by Sice coct;mem prod\lced by :!:~ Special Education Division of the Texas Education Agc:lcy dated August 2001. on pages 23 -35. Westlake Academy will follow 334 CFR 300.23, 300.136, TAC 89 .1131 and SBcC certificalion guidelines where appropriate ly applied to Charter Se:'0015. The rule5~! the Texas Education Agency and Federal Regulations (as illustrated in the Sicc by Side document produced by the Special Education Division of the Texas Edue"t ion Ag~flCY dated August 2001)(pages 15 .. 18) will b~ followed . ., Scrvic~s to Expelled Students :--lo information was requested. LEGAL REVIEW: ,. Evidence of Nonprofit Status The Mayor will sign the contract for charter and the Town of Westlake will be ultim~leiy responsible for all legal obligations oithe school. :,.. Public Notice \';0 information was requestec.l ,. . Facilities Stat, funds will not be used to construct the Academy. By creating the "Westlake Academy" and structuring the organizatiOl1 under the control of the elected Board of Aluermen and the Town Manager, the Beard insured the Town's ability to sel! bonds identi ned for the school, as well as provide permanent ownership, management and 1='. "'4 312 -:0.,. ~loy-eS-01 03:24 PM TOWN OF WEST~AKE SIi" 4301812 Contingencies conro: of the school by the Town. Areas such as a library, pcrfomlicg arts center. rc..::c~ti1,)r.~j J!'t::iS, aii.d s~rvice malntenance fa~itities wilJ sc!r"\'e but~ the Tow~ ar.J lh: School. Tn!: obligation to pay the bonds off will rest with the Town of W;;stlake. ;.. Geographic Bocndarics 1'\'0 infon"ation was requcsted. ;.. Impact Statcmcr.t 1\'0 tnfOmlation W!lS requested )0. Admission •. Student from outside the Academv's boundar.es as established in th~ ehJI1cr, w iil bo subjeCt to an application process, t~ bc cons istent with federal guidelines and the charter comract. The Academy will designate an applicat i on period, and at 1hc end of\ha\ pd.oll il will conduct a Ion cry of all applicants in any grade level for which applications e,ecc,l availuble space. Sibling!' of Westlake Academy students, children of employees anJ Chancr School Founcers will be exempted from Ihe 10llery . ., Governance Structure: An ielcs of Incorporation fer the Westlake Academy' Corporation are allachcd to Ih:s ktt~r, and will serve to allswer the manner in whiCh Westlake Acad~my Cerporalion's Board of Directors is sele~teC and removed f:om office, hew the vacancies on the 00",,1 are filled, etc. r hope thai this will serve \0 address each of the questions pointed out by the Agc:,ey iOlemal Review Team. ffthere is nddition~1 information needed, I wilt bc glad 10 provid~ i l. We appreciate the opportunity to create an environmerll thai challenges s!Ud.~t, cdlH.:atorS and our community. We are building a truly great Acadc:llY whie!l all Te,,,s may be proud of. Sincerely, .--:::> ... -.. ,., .... -',\ ) ; Trent Petty . ,) CEO, Westlake Academy TO""n Manager, Town of Westlake F".1)"5 313 Il /O.l /lll \10'\ ~')::D I T .\!fU \11 {j :I'I!i l :Z~n:J -; TOWN OF WESTLAKE 317 43013"12 Contingencies ARTICLES OF ~CORPOR.-\ nON \\"c . the u!icer5igned natural pcrSO!1S . of the age of e:ghte~I" (18) y::l!3 or :nore~ acrir.g on b~!-:i.i ;r ofJn~ as directea by tho Town of Westlake, Texas (the "To","!,,"), as the Incorporators ofa l1onpror:~ corporation (th~ "Corporation ") created ;.!nc.cr the T~;c;.as ~on·P:ont Corporalion .'\c:, TEX. REV. CIV. STAT. ANN. A:t. 1396 (V.:r.on !997) •• , ame~d.d (the "Tex» >ion -P:o;;t Corporation Act"), co hereby ~dopt the following Ar.ic!es of L,co,,?oration for the co,,?orat;oc ( "Cor;,or:uion"): ARTlCLE I The mJ~e of the C0I1'0rat;on i.5 1I\\~~stlske Acact':ny. II ARTICLE II The ('orptJr~::on is a ncnptorl! COrpOf::J.t:lOr. c:eatc:d ur.de~ t!1e Texas :\on-P!'oIlt Cor;mration .'\;:~. ARTICLE III T;,e uur~t j(}r: of the Corpora: ion is pe~e~~al (Sl.::::jCC! :0 dissolctior. according to law as proviJc~ in these Ar:ic!e;; oflncor;>oration). ARTlCLE IV The pU'llos:: of the Corporatjon is to act on behalf of the Town as i!s d'Jly constituted 3l.:!.;:O;llY and ir:Sti'UI~lC; ... tilEty a.r.d, ir. cQr.nect~o:l t.'r"e;-ewill".J to -:xercise: all powe.rs a:1C amhority gn,m~d. '-'l1dcr the Texa5i Non-Pront Corporation Act ar.d other applicable law. ARTICLE V Th~ Corporation shall have no members ar.d is a nons~ack carpontior.. ARTICLE VI The streeuc!c!ress of the initial regisro"ed office of the Co,,?oration is 3 Village Circle, Suite :!Co 7. Westlake. Texas 76262, and the name ofthc initial registe"cd agent at thai aderes: is Scot: Broclcy. ARTlCLE VII r\!1 powers and authority oflne Corporation shall be vested in a bo.rd of directors (the "Boar~"), subject to limitations imposed by law or otherwise. each member ofwhich sr.all '~e lP?ointed by re£ol~tlon of the governing body of the Town. The number of directors nne th~i r terr:1S of office shall bo fi.cd by th, bylaws oflhe Co,,?oralion cons;s:ent with tl:e Texas Non-Prof:: Cocpora:ioo Act. The directors shall serve without compe:"lsation, except th~t they shaH be c!1ti:lcc to re~!T1burs"me~t fo:" the actual expenses they incur in t:,e performance of {heir officiai d:Jties. F· _ (, ",. 314 , , ',' ',' • '.' _, ..... ,_ .• _" • _ -r • " ,,-,~,,,,., ur-.... c.~.I..,...."t:. Contingencies ARTICLE VIlI '1"'-:;:-~~.;:-:: . .::-cf cire~~o::3 ;;:-:~sht'J:.i :1g i}:e :r.:::a: Boa:-d s::2:I! be .sl~. The r::spe::tive ::aT.~~ J~~ J..!~;~$5':.s vf the m: tJai d:r~clors. are as t"oilows: ----T 1'-<.:ne of initial Dire"to~ _______ ..;I...!A:.:;d~d~r~ec:!ss!.,-_~--;-_____ _ 1-1-TSOOtl Brodlcy I 10 Paige!)rooke I..ne ,._ .. _, ._____ I Westlake. TX 76262 I 2 [' Fred Held 14105 Aspen Lane , Westlake, TX 76262 :'-31 Don Redding I 5925 Janet Ccun . I ' L ' ' Westlake, TX i6262 '\4 \' Larry Sparrow 14035 Aspen Lane Westlake, TX i6262 ; 5 'I Buddy Brown i 13298 Toomlon Drive ~ __ ._~~ _________________ ~I_W~e~s~t!=a~k.~,~T~X~7~6~2~6=2---______ _ ,6 I Bill Frey i 59:4 Janet Court l i \ Westlake, TX 76262 :::--r ARTlCLE LX Th.:-r:.::~~c~~;ve {~:a:nt:s a::-.d s~n::.:: acd:-e3;;es of ,he l:lCorpora!crs, e~ct of whor~: is a c; t:zcr. of ,;,c StntL! ofTex.3S a.r.c at lc!3st IH years of age. a:-: as follows: r-I Name of Inco."o"tor ,1 i Scot: Bradley rn fred Held I I r"3-rDon R.dding I 4 I Larry Sparrow I i 151 Buddy Brown I Bill Frey I Address I· 10 Paigebrooke Lar.e Westlake, TX 76262 ! 4 105 Aspen Lane I Westlake. TX 76262 I sns Janet Co~rt ; Westlake, TX i6262 1 4035 Aspen Lane Westlake, IX 76262 !3298 ThOr:1:on Drive Westlake. TX 76262 I 5924 Janet Coc~ Westlake, TX 76262 ARTICLE X On February 12, 2001 th~ governing body of the Town duly adopted a resal"lion orcering the creation of the Corperallon, authorizing the CO'l'aration to act on behalf of the Town 3S ItS duly cunstituted ~uthnrity and instrumentality, and approving the fort!l of these Articles of Inco'1)ora:ion, 2 F ' • ~~I I 315 '-' ...... _ .. --' ,,' • '-' .............. r ... -=-~, L..l-4t .... c;. Contingencies ARTICLE XI 7:-.cs.:: A:-".:de5 ofL"'!.ciJ!"?Oi:l:~O":"', a,:",.:,/Q,:" ,.: ... ~ Ey:a."Ii:) ,,:-:~ ... -;: Cc,rt:cration ~.:ay be ar::cr.ccd r:-cr.. :~r:.~ to tlr:1C by 11 majority vote of the er:.ti:-c m~r:".=C"s;'iD or" L..;'e Board with !he approva; of tho:;: goveming body of the TO\1l11. Neither t~e Co;por:l~ior:3 i~itl3.1 cylnws r:..or any a;il.cmlmc:l1 thereof shall take effect until approved by the gove!11ing body of the Town. ARTICLE XII ;-';0 divideods shall be paid by the Cocporation and no part OfHS .~rnings shali be c!istnbuteli:o ,;r in'J:"'e 10 the: bcndil of the Corporation'S directo:-s or off:ce:s or to any Fiivatc persar., fLlm, cOQorat:O{~. C~ association /!xc.!pt in rea-sanaa;";! amounts for serv\ces r:~dcred, ARTICLE XIlI To thl: eXt~nl p~nnltted by law , the govemir.g body of t:,c Town, in its discrc[lor. and w:thoL!t :lr.:v £lc!ior:. by the Board, may at any time d:ar:ge the stn~cturc:. org::mization, prog73.ms, or 3C:~lVl!les of t~e Cor;lOnltior. or may disSl)~Ve t!1t: Cor~crat~on . If:he Eoa~d dete::1:.i!"H!S :hlt the CorrcfJ!il10 '5 purposes ha ~'C been substantiaI!y accomplIshed, a~d a!I of the Corpora(ion's debts and claims have been sa:isiiect, or satisfac!icnthcreofhas been provided for, the Board shall. !.!pon approval by I'" governing body of Ihe Town, dissolve the Co<?or.tion. A.''f dissoll.:tion of the Corporalion shell be s!.!bjcc~ to any limitations on the impairment ofear.tracts prescr:bcd by th~ respec:!"" const;:ul'ans and other applicable low oftne Vniled States 0: Amer:ca and the State aiTe,a,. If the COr";:loration is dissolved when 11 has. or is I:nttrlcd to. any interest in any n.mds or othr:r prQPc:-ry of any kind (:-eal. pl.!rsona:, or mixed), the interest shall not be trar.sferred to pri I(~:e owncrsbp bUI shall be trar.sfer.-ed and del!\'e~ed to the To"",,, (after sansiaction or praviSlor. I", 5atlsfac~wn of ~he Corporation 's debts and ciaims has bee:;. n-..a.c.e), .A.R T1CLE XIV Regardless of Bny other provisions of these Articles of Incorporation or the laws of the Stare-of Texas. the Corporation shall not! (1) ,cIT.1i .. ,,>, p.rt of the net earnings of the Corpentior. to in!.!re to the bene:it ofony private Im!ividual (except thot reasonable compensation may be paid for personal services rend~red :0 or for the COrjioration affecting one or more of its purposes); (2) cevote more than an insubstantial part oiits activities to attempting to influence legislation by propaganda or othern'isc; or (3) rarticip"te in. or interver." in (including the publication or distribution of statement;). any political campaig:1 On behalf ~f any candidate for public office. 11' WITNESS WHEREOf, we have executed these Articles oflnco<?oration on tr.!S 12th duy of February. 2001. ) DATE TO F H'" '",' .0.. AUTOMATIC COVER SHEET • • • • HO I",I-05-(11 (1 ::: • • TO~'Jt,~ OF ~'JE~:;TLAKE U ·." 1-11"":' .:. I 9 PA~ES WERE SENT r: n 1,,1 E r::' __ I r'=. ~:;HEET ::. p. I)'S' 317 7 1h Generation Charter App. Review Contingencies WESTLAKE CHARTER SCHOOL Legal Services Division Coarles Moody Evidence of Nonprofit Status: NI A. The charter holder will be the Town of Westlake. Govemmelltal entities are eligible to hold charters pursuant to TEC § 12.101 (a)(4). Westlake has established a nonprofit corporation to act on its behalf in establishing and operating the Westlake Academy (Resolutions, Attachment 1). The exemption of this corporation from federal income tax is a separate question , I but whether it is exempt or not, the State Board of Education still has statutory authority under the Education Code to grant a charter to the Town of Westlake. From TEA's standpoint, the nonprofit corporation will occupy basically the position of a school management board, with ultimate accountability for compliance with the charter resting with the Town of Westlake. The resolutions provide that no bonds or obligations of the nonprofit corporation constitute obligations of the Town of Westlake (Attachment I ). If the corporation has authority under the Texas Non-Profit Corporation Act to issue revenue bonds that by their terms are payable only from revenues of the school, and that do not otherwise bind the Town of Westlake, the exercise of that authority presents no problem for TEA. However, the applicant should recognize that nothing in the Resolutions will keep the charter holder (Town of Westlake) from being obligated for ordinary debts of its charter school. The contract for charter, which will need to be signed by the Mayor on behalf of the Town of Westlake and not just by the board chair and CEO of the Westlake Academy Corporation, provides in part: "Charterholder may not delegate, assign, subcontract or otherwise alienate any of its rights or responsibilities under the charter." Therefore, for example: »-If an attendance audit re veals that Foundation School Program (FSP) funds have been overpaid to the school , and TEA needs to reclaim fund s , the amount of the overpayment will be an obligation of the Town of Westlake; »-When the school contracts [or educational materials or services, those debts will be obligations of the Town of Westlake; ~ If the school fails to make the proper contributions to the Teacher Retirement System (TRS) for its employees, and TRS places a warrant hold on payments of state money to the charter holder, that warrant hold would include any amounts payable to the Town of Westlake, including FSP funds paid by TEA. The Town of Westlake will be the payee for FSP fl,lnds from TEA. Public Notice: OK (Attachments 7-9, 11-12). Facilities: The exact location and nature of the proposed facilities are not described. The application says that facilities will be "innovatively cross-utilized" between the Westlake Academy and the Town of Westlake (p. 48). Does this mean that eXisting I As an instrumentality of the Town ofWc:stlake, the corporation shou1d be exempt from federal taxation under LRC. § 115 as long as it is serving an "essential governmental function." See, e.g., Rev. Rul. 77- 261; PLR 200022028. 318 7 th Generation Charter App . Review TOWN OF WESTI.AKE -p. 2 Contingencies Legal Services Division Charles Moody municipal facilities will be made available to the school, or does it mean that school facilities constructed with state funds will be used more generally for municipal purposes? Note that newly enacted TEC § 12.128 provides that property purchased or leased with state funds "may be used only for a purpose for which a school district may use school district property." The reason for raising the question is that although the. application says that "[t]he Town of Westlake's resolution to provide space and facilities for Westlake Academy is in Attachment 24" (p. 48), in fact Attachment 24 authorizes the creation of a nonprofit corporation to issue revenue bonds that will help provide educational facilities "and facilities related thereto," but specifies that no such bonds or obligations will be obligations of the Town of Westlake. Geographic Boundaries: OK (p. 51 & Attachment 27). Impact Statement: OK (pp. 51-52 & Attachment 28). Admissions: The application describes a first-come, first-served system (pp. 86-87). Instead, to be consistent with federal guide lines and the charter contract, the school should designate an application period, and at the end of that period conduct a lottery of all applicants in any grade level for which applications exceed available space. Siblings of Westlake Academy students may be exempted from the lottery according to federal guidelines. Governance Structure: (pp. 15-19,89-91 & Attachments 2-3). We received bylaws but not articles of incorporation for the Westlake Academy Corporation. Also, the application on pages 18-19 describes the officer positions of the Westlake Academy Corporation but does not answer the other application prompts concerning the corporation's board of directors (the manner in which they are selected and removed from office, how vacancies on the board are filled, etc.). The bylaws included as Attachment 3 answer these questions to some extent. 319 JUL-10-01 B2:~7 p~ TO~H OF WESTLAKE ... ~.& .. E 6 July 2001 Tex •• e:ducation Ag."c~ Boaro Chart., School Division Ms, Susan aames Via Facsimil. 512-463-9732 Re: The WC5Ilnke Academy Charter School, Gener.lion 7 Applk.,ion [)ell' Ms, Bame.. and M.nlb .... of the Stat. Board of Education: 817 4301812 Contingencies During tho Westlake Academy Chatter School Generation 7 Application Hearina on June 28, 200 I, the noard .. ked questions anJ mwe '''IIi.stlons concemlng the Town's a"plication, Pl .... accept .he following infomlolion to satisfy ,h. com",.n" and am .. m. raised by the Board Admi •• ion Policy: The Town was notified thlt in order to receive Federal funds, the application prcx:ess would have.o be, 10ttC'!)', Th. Town will comply with all Stat. and fed.ralllllidclinea th.t will ollow us to access the F.deral fund. and still comply with State law. Curriculum: Th. application stotes that the Westlake Academy would be an 1nt~m'tion.1 a.e .. I."r08te (lB) curriculum. howe\ler, as melnbe:rs of the Board pointed our, rhe Academy rnust be in existence for three yean before it can implement that program, II i. the intention of the Academy to put in placo the cllrric~llunl components that \!Will lead to belns certified in lhe International Baccalaurcate program and the Academy embraces the id". or \Hi"! Advance Placement (AP) cUrTic"l"m to bridao that three years . Mor~ovr:r. 'he A~ademy '..-.'ill strcna:ly cc"a ider using the AP on a ~DntlnYins basis e\len after the IS Curriculum is put into place. Teacher Qu.lifications: The Buard wanted clarification on the iosue oft.""he .. heine required to have bachelor dell r ..... nd certifications. The Town agreed that ,II teachers wo"ld h.ve at I.ast, Boch.lor', degree. Certilicalion will b •• Iso required in all c., .. unl ... unique cxperientialleaminllspecial shO,1-Ienn conditions di4.:rate otherwi!ie. Lcnlllh of School D.)I': The W."lalco Academy will ofTer a ""hool day commensurate with currioulum certification demands. a~(' of stu!1ems and elective opponunities. In no cases will the schocl day be shorter than the ncis.borinc ISO', in any srade, We app,eci.te the opportunity to clarify the •• questions on the application anI! look forward to answering q'lealions ofycu or the Board lCI~r this week. 3 Village Circle • Suite 207 Solana. Westlake, Texas 76262 Metro: 817-430-0941 • Fax: 817-430-1812 • www.westlake-tx .org 07/10/01 TUB 14:35 ITX /RX NO 72321 P.81 320 Contingencies On May 12,2000, the State Board of Education (SEOE) adopted ohanges to Policy .1.3, Disclosure ot'Campai6'11 Cllntributio,"s and Gifts. These changes require expanded reporting from those who \\'ish to l!ntcr into a contract. grant. or charter with th~ SBOc . .'\ t..:ontinuing duty to repon exists at"rer the grant. chart~r, or contract is issut!d. INITIAL REPORT OF BEi':EFITS OR CAMPAIGN CONTRlBCTIOl\S CO,,"l'ERRED ON MEMBERS OF OR CA",'DlDA TES FOR THE ST ATE BOARD OF EDeCA TION For the period May 12 , 2000, to the present Individual making report: --r;::eA.1-D. ?e+-+~, Employer or Company represented: =:C;;u" -i U" ,1\a.k . . .-:.-:-_ . L· P osmon: --.!I...!o~~",.,,-~ _~I"",,"<l"'-""~"c.£",,'t'.:>~r _________ _ Services rendered to SBOE or contract. grant, or charter issu~a' by SBOE: ;JtJNF Transaction 1. DATE: A;.'vl 0 L'NT: NAlvIE OF PERSON(S) RECEIVING /EFIT OR CONTRIBUTION: DETAILED DESCRIPTION OF EXPENDITURE: Transaction 2, DATE: A;.'vl0lJ)lT: NA;.\1E OF PERSON(S) RECEIY,D\G BENEFIT OR COKrRIBUTlON: / DETAILED DESCRlPTl0' OF EXPENDITURE: I / , , / / --------.,...-_ .... __ ._------------------------------ / Transactioo'3. DATE:/ ./ A;.\lOUNT: NA.:)1E OF PERSON(S) RECEIVING BENEFIT OR CONTRIBUTION: / /DETAILED DESCRlPTION OF EXPENDITURE: i· 321 CONTRACf TEXAS EDUCATION AGENCY -- [70 I North Congre::)s .-\\'e. * Austin . Te:'(a~ 7S70 [·1-J.94. 1r 512: .... 63·9i34 1r fAX: 512J-J.63-l)::U::-! .. hUp:f:'www.tl!a.st:lle.l:-O.us December 3, 2003 Scott Bradley Town of Westlake 3 Village Circ l e, 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 orig inal has been placed in your files at the Texas Education Agency. I look forward to working with you and your school. Sincerely, Ertha Patrick, Division Manager Division of Charter Schools CC: Trent Petty Enclosure Fulfilling the Promise jor All Texas Children 322 CONTRACT 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 publ ic school. General 1. Definitions. As used in th is 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 app li cat ion and the entity to which a charter is granted by this contract. 'Charter schoo l" means the Seventh Generation open-enrol lment charter school. The charter school is part 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 th e Commiss ioner 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 cond ition, amendment, mod ifi cati on , rev ision or othe r change t o the charter adopted or ratified by the Board or the Comm issioner; (e ) all statements, assurances, comm itments 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 (I) assurance by Charter Holder, evidenced by execution of th is 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 app lication 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 August 1, 2006 unless renewed or terminated. The grant of this charter does not create an entitlement to a renewal of the charter. The charter may be renewed for an add itional ,-p-eliod::determined by the Commissioner. . ~,O ,j ; .... _/.-~:. 4 . , ~evision '~x:tgreement . The terms of the c.!).,arter'may be,revised with the consent of : ::? Cha~r Holder by written amendment approved by the,Commissioner. ! ~_ j ~ I (~:i . ...-;~. '''';' ... :~:~ .. .-.>-"--'~/. r ~ i N ,1';-'1, I ~ i .. r l ~ l ..... i -::8=C'=...J! ~ I -; l"!'J r ~ ! l..S ))1 I \\ -'.)' 323 CONTRACT Students -1 5. Open~nrollment. 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, na t ional origin, ethnicity, re lig ion, disability, academic, artistic, or athletic ability, or the district the student would otherwise attend. 6. Non-religious Instruction and Affiliation. The charte r school shall not conduct religious instruction. The charter school , the sponsoring entity, and any entity that owns or contro ls 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 wi t h Disabilities Education Act (IDEA), 20 U.S.C. § 1401, et seq .• and implementing regu lations; 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 (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 th is area are the following: (a) Child Fi n d. Charter Holder must adapt and implement pol icies and practices that affirmatively seek out, identify, locate, and evaluate chi ldren with disabilities enrol led in the charter school or w ho con tact the charte r school regarding enrollment. (b) Free App r opriate 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 schoo l's implementation of the laws education of children with disab ilities will be monitored for compliance by the United States Department of Education, Office of Special Education Programs; the United States Department of Educat ion, Office of Civil Rights; the Agency; and others. (e) Due Process Hearings. The charter schoo l's implementation of the laws governing education of ch il dren with disabil ities will also be subject to scrutiny by 2 324 CONTRACT the courts if litigation against Charter Holder is brought by ind ividuals 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 app lication for charter. Financial Management 9 . Federal Withholding Requirements. Fa ilure to comply with Internal Revenue Service withholdi ng regulations shall constitute a mate rial violation of the charter . 10. Workers' Compensation. Charte r Ho lder shall extend workers' compensation bene fit s to charter school employees by (1) becoming a se lf-insurer; (2) providing insurance under a workers ' compensation insurance policy; or (3) entering into an agreement with other en tilies 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 Ho lder. its agents. employees. and subcontractors. This Agreement 12 . Entire Agreement. This contract . including all referenced attachments and terms incorporated by re ference. contains the en tire agreement of the parties . Al l pri or representations . understandings , and discussions are superseded by th is 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 th is 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 app lication and any supporting documents (to the extent such commitments and representations are consistent with the terms of th is contract). 15. No Waiver of Breach. No assent, exp ress or implied. to any breach of any of the covenants or agreements herein shall waive any succeed ing 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. 3 325 ~ ."-" 18. 19. CONTRACT 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 consu lt 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. Eligibility and Authority. By executing th is 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 vio lation 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 int~1 day of ) .A.-0 2003. Town of Westlake: \~A,?~ .. 9/2/03 Scott Bradfey, Chair Date Westlake Academy Charter School: Trent Petty, 0 Chief Operating Officer C! ' { 5./C 3 4 326