SECOND RENEWAL CHARTE R SCHOOL CONTRACT

between

Healthy Learning Academy, Inc.,

and

The School Board of Alachua County, Florida

Board Approved April 21, 2015

000

2015 – 2025

SECOND RENEWAL CHARTER SCHOOL CONTRACT

Healthy Learning Academy, Inc.

000

Table Contents

Section 1 : General Provisions

1.A.	Approved application* …………………………………………………………………………………………………….	1
1.B.	Term of Contract* …………………………………………………………………………………………………………..	1
1.C.	Educational Program and Curriculum* ………………………………………………………………………………	2
1.D.	Non-Renewal/Cancellation and Termination ……………………………………………………………………..	2
1.E.	Non-Discrimination Policy ……………………………………………………………………………………………….	9
1.F.	Additional Requirements …………………………………………………………………………………………………	9

Section 2: Academic Accountability

Student Performance*………………………………………………………………………………………………. 9
Student Promotion*……………………………………………………………………………………………. 11
Data Access and Use*……………………………………………………………………………………………… 11
Accreditation………………………………………………………………………………………………………. 11
Records and Grading Procedures…………………………………………………………………………………. 11
State System of Grading Schools………………………………………………………………………………… 11
State Student Performance Requirements……………………………………………………………………….. 12
Annual Accountability Report……………………………………………………………………………………. 13

2.1. Sponsor’s Charter School Analysis……………………………………………………………………………….. 13

2.J. Reading Plan………………………………………………………………………………………………………. 13

Section 3: Students

3.A. Eligible Students*………………………………………………………………………………………………. 13

3.8. Grades Served*…………………………………………………………………………………………………….. 14

3.C. Class Size*…………………………………………………………………………………………………………. 14

3.0. Annual Projected Enrollment*………………………………………………………………………………… 14

Annual Capacity Determination*……………………………………………………………………………… 14
Admissions and Enrollment Plan*…………………………………………………………………………… 14
Maintenance of Student Records*…………………………………………………………………………… 15
Exceptional Student Education*…………………………………………………………………………………. 15

3.1. Dismissal Policies and Procedures*…………………………………………………………………………….. 18

Corporal Punishment………………………………………………………………………………………………. 18
Extracurricular Student Activities…………………………………………………………………………………. 18
Enrollment – Health, Safety & Welfare……………………………………………………………………… 19
Parent/Student-School Conflict Resolution Process……………………………………………………………. 19
English Language Learners………………………………………………………………………………………. 19

Section 4: Financial Accountability

4.A. Revenue……………………………………………………………………………………………………………. 19

4.8. Sponsor Administrative Fee of Up to 5% for 250 Students*……………………………………………. 22

4.C. Restriction on Charging Tuition*……………………………………………………………………………… 23

4.0. Allowable Student Fees*………………………………………………………………………………………. 23

Annual Budget*………………………………………………………………………………………………….. 23

Financial Records, Reports and Monitoring•………………………………………………………………. 23
Financial Management of School*……………………………………………………………………………….. 28
Description of Internal Audit Procedures•………………………………………………………………… 28

Section 5: Facilities

Facility Notification and Inspection•……………………………………………………………………….. 28
Compliance with Building and Zoning Requirements•…………………………………………………… 28
Location•…………………………………………………………………………………………………………. 29

5.D. Prohibition to Affix Religious or Partisan Political Symbols, Statutes, Artifacts on

or About the Facility*………………………………………………………………………………………….. 29

Specific Requirements for Conversion Charter Schools or Schools Using a

District-Owned Facility*………………………………………………………………………………………. 29

Additions, Changes & Renovations……………………………………………………………………………… 30

5.G. Disaster Preparedness Plan………………………………………………………………………………………. 30

Section 6: Transportation

Cooperation Between Sponsor and School*……………………………………………………………………. 30
Reasonable Distance•…………………………………………………………………………………………….. 30
Transportation Safety Compliance•………………………………………………………………………………. 30

Section 7: Insurance & Indemnification

Indemnification of Sponsor by School*…………………………………………………………………… 31
Indemnification of School by Sponsor•…………………………………………………………………… 31
Sovereign Immunity•………………………………………………………………………………………….. 32
Acceptable Insurers•……………………………………………………………………………………………… 32

7.E Comprehensive General Liability Insurance•…………………………………………………………………….. 32

Automobile Liability Insurance•……………………………………………………………………………… 33
Workers Compensation/Employer’s liability•……………………………………………………………. 33
School eader’s Errors and Omissions Insurance•………………………………………………………………. 34
Property Insurance•……………………………………………………………………………………………. 34
Applicable to All Coverages•…………………………………………………………………………………. 34
Notice of Claims………………………………………………………………………………………………… 36
Indemnity for Professional iability………………………………………………………………………….. 36
Indemnity for Certain Specified Claims…………………………………………………………………….. 36

Section 8:Governance

Public or Private Employer•………………………………………………………………………………….. 36
Governing Board Responsibilities•……………………………………………………………………………… 36
Public Records*…………………………………………………………………………………………………… 37
Reasonable Access to Records by Sponsor•…………………………………………………………………….. 37
Sunshine Law•……………………………………………………………………………………………………… 38
Reasonable Notice to Sponsor of Governing Board Meetings*……………………………………….. 38
Identification of Governing Board Members•…………………………………………………………….. 38
Changes in Governing Board*…………………………………………………………………………………….. 38

8.1. Background Screening of Governing Board Members and Chief Administrator……………………. 38

Non-Profit Organization…………………………………………………………………………………………… 39
Compliance with Applicable Ethical Requirements……………………………………………………………… 39
Bonding of School Personnel……………………………………………………………………………………. 39
School’s Chief Administrator/Principal……………………………………………………………………… 39
Notification of Proper Authorities…………………………………………………………………………… 39

Section 9: Education Service Provider…………………………………………………………………………………….. 40

Section 1 0: Human Resources

Hiring Practices*……………………………………………………………………………………………….. 40
Employment Practices*……………………………………………………………………………………… 41
Training of Employees*………………………………………………………………………………………. 42
Collective Bargaining…………………………………………………………………………………………. 42

10.E.

Payroll Services………………………………………………………………………………………………………….. 42

Annual Employee Evaluations……………………………………………………………………………… 42
Personnel Records……………………………………………………………………………………………. 42

Section 11 : Requi red Reports and Documents

Pre-Opening*……………………………………………………………………………………………………. 42
Monthly*………………………………………………………………………………………………………….. 42
Annual*…………………………………………………………………………………………………………… 42
As Adopted/Amend…………………………………………………………………………………………… 43

Section 1 2: School Food Service

12.A. School Food Service ………………………………………………………………….•……………………. 43

Meal Service Options and Definitions…………………………………………………………………….. 43
Applicable Regulations………………………………………………………………………………………. 43

Section 1 3: Miscellaneous Provisions

13.A.

13.B.

13.C.

13.0.

13.E.

13.F.

Impossibility*……………………………………………………………………………………………………. 44

Drug-Free Workplace*………………………………………………………………………………………… 44

Entire Agreement*……………………………………………………………………………………………… 44

No Assignment without Consent*………………………………………………………………………….. 44

No Waiver*……………………………………………………………………………………………………….. 44

Default*…………………………………………………………………………………………………………… 44

Survival Including Post-Termination of Charter*………………………………………………………… 44
Severability*…………………………………………………………………………………………………….. 44

13.1. Third Party Beneficiary* ………………………………………………………………………………………. 44

Choice of Laws and Venue*…………………………………………………………………………………. 44
Notice*……………………………………………………………………………………………………………. 45
Authority*………………………………………………………………………………………………………… 45
Conflict*………………………………………………………………………………………………………….. 45
Dispute Resolution*…………………………………………………………………………………………… 45

13.0. Citations*………………………………………………………………………………………………………. 46

Headings*……………………………………………………………………………………………………….. 46
Advice of Counsel……………………………………………………………………………………………… 46
Counterparts…………………………………………………………………………………………………….. 46

Appendix 1 : Renewal Application,November 1 7, 2014 Appendix 2 : Origi nal Applicati on, July 30. 2004

*DOE Form Number IEPC-M3 Rule No. 6A-6.0786, F.A.C.

October 2010

SECOND RENEWAL CHARTER SCHOOL CONTRACT

THIS SECOND RENEWAL CHARTER SCHOOL CONTRACT is entered into as of the 30th day of June, 2015, by and between The School Board of Alachua County, Florida, a body corporate operating and existing under the laws of the State of Florida, having its principal place of business located at 620 East University Avenue, Gainesville, Florida 32601 [hereinafter referred to as “Sponsor”] and Healthy Learning Academy, Inc., a Florida not-for-profit organization, having its principal place of business located at 13505 West Newberry Road, Jonesville, FL 32669 [hereinafter referred to as “School”].

WHEREAS, the Sponsor has the authority pursuant to §1002.33, Florida Statutes, to grant to a not-for profit organization a charter to operate a charter school within its school district; and

WHEREAS, the School is a Florida not-for-profit organization and has operated a charter school within the Sponsor’s school district continuously since the 2005-2006 school year, for the purposes set forth in

1002.33, Florida Statutes, and

WHEREAS, The School has requested renewal of its Charter Contract and has submitted a Renewal Charter School Application, dated November 17, 2014, which is attached hereto as Appendix 1and incorporated herein by reference; and

WHEREAS, the parties have agreed to renew the School’s Charter Contract and have agreed that this Second Renewal Charter School Contract [hereinafter referred to as “Charter”] shall serve as the charter for the operation of the School.

NOW, THEREFORE, in consideration of the mutual covenants and terms herein set forth, the parties agree as follows:

Section 1: GENERAL PROVISIONS

The foregoing recitals are true and correct and are incorporated herein by reference.
- Approved * The School’s approved renewal application to operate a charter school is appended hereto as Appendix 1and is incorporated herein by reference. The School’s original application to operate a charter school is appended hereto as Appendix 2 and is incorporated herein by reference. Ifany provision of this Charter is inconsistent with either Appendix, the provisions of this Charter shall prevail and the provisions of Appendix 1prevail over Appendix 2.
- Term of *
  - Effective Date.* This Charter shall become effective on July 1, 2015 or upon signing by both parties, whichever date is
  - * Unless terminated earlier pursuant to §1002.33, F.S., or upon the terms contained herein, this Charter shall cover a term of ten (10) years, commencing on July 1, 2015 and ending on June 30, 2025.
  - Start-Up * (Not Applicable)

1.B.3.b. School Calendar. The School will follow the public school calendar adopted by the Sponsor, unless otherwise stated and approved in Appendix 1or by an amendment to this Charter. The School shall provide instruction for at least one hundred eighty (180) school days, or the equivalent on an hourly basis, and may provide instruction for additional days. [Ref.: FS 1011.60)

Pre-Opening * (Not Applicable)
Charter * This Charter may be modified during its term by mutual agreement of the parties, provided such modifications are agreed to in writing and executed by both parties. Any material changes must comply with all applicable Federal, State and local laws and be approved by the Sponsor, in writing, before those changes are implemented. Alteration

of the grade levels served will require approval of a subsequent or supplemental charter school application to serve those additional grades. No modifications may alter student eligibility for enrollment, except as permitted by applicable law.

1.8.6. Charter Renewal.* This Charter may be renewed pursuant to §1002.33(7)(b)(l), F.S., for such duration as may be established by mutual written agreement of the parties.

Educational Program and * The School shall deliver its educational program and curriculum as described in Appendix 1.

The School agrees to maintain a safe learning environment at all
The School agrees that its programs and operations shall ensure that its program is innovative and consistent with the state education goals established by 1000.03(5), F.S.
The School agrees that its programs and operations shall be nonsectarian each
The School shall ensure that reading is a primary focus of its annual curriculum and the necessary resources are provided to identify and provide specialized instruction for students who are reading below grade The School’s curriculum and instructional strategies for reading shall be consistent with the Sunshine State Standards and be grounded in scientifically-based reading research. [Ref.:§1002.33(7)(a), F.S.J

Non-Renewal/Cancellation and * Any non-renewal, cancellation or termination of the Charter shall be subject to §1002.33(8), F.S., and the terms of this Charter.

Non-Renewal Provisions.* At the end of the term of this Charter, the Sponsor may choose not to renew the School’s Charter for any of the following reasons:
- a failure by the School to participate in the state’s education accountability system created in 1008.31 or failure to meet requirements for student performance stated in this Charter;
- a failure by the School to meet generally accepted standards of fiscal management which includes, but is not limited to, a negative fund balance in any governmental fund as reported in a budget or audit report; negative net assets as reported in a budget or audit report; failure to timely file reports required by the Sponsor; improper expenditure of grant funds; failure to maintain required insurance; failure to correct audit findings within sixty (60) calendar days; spending in excess of approved appropriations; and material discrepancies [five (5%) percent or greater] between unaudited annual financial report and audited statements; [Ref.: FS 503]
- a violation of federal, state or local law, or a material breach of the provisions of this Charter by the School;
- any action by the School that is detrimental to the health, safety, or welfare of its students and is not timely cured after notice;
- receipt by the School of a state-designated grade of “F” in any two (2) of four (4) years or the School is designated as “a school in need of improvement” for more than two (2) years [more than five (5) years of failure to make Adequate Yearly Progress (AYP)], in accordance with the provisions of the No Child Left Behind Act of A “school in need of improvement” is one that has failed to make Adequate Yearly Progress (AYP) for more than Five (5) years in accordance with the provisions of the No Child Left Behind Act of 2001;
- any other good cause shown including, without limitation, any of the grounds specified in this
- Grounds for Good Cause. “Good cause” for termination or non-renewal shall include, but not be limited to, the following:

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a failure by the School to implement a reading curriculum that is consistent with effective teaching strategies grounded in scientifically-based reading research [Ref : FS 33(6)(a)4.];
receipt by the School of a state-designated grade of “F” in any Two (2) of Four (4) years or the School is designated as “a school in need of improvement” for more than Two (2) years [more than Five (5) years of failure to make Adequate Yearly Progress (AYP)], in accordance with the provisions of the No Child Left Behind Act of A “school in need of improvement” is one that has failed to make Adequate Yearly Progress (AYP) for more than Five (5) years in accordance with the provisions of the No Child Left Behind Act of 2001;
failure by the School to comply with a Corrective Action Plan;
failure by the School to make required contributions to the Florida Retirement System (FRS), if the School has elected to participate in the FRS;
failure by the School to pay payroll taxes to the Internal Revenue Service;
the School’s filing for voluntary bankruptcy, adjudication of bankruptcy or of insolvency, or other state of financial impairment, such that the School can no longer operate or is no longer economically viable;
failure of the School’s annual audit to comply with the requirements specified in this Charter or the School’s failure to timely submit financial reports or other reports required by 1002.33(9), F.S., or by this Charter;
failure to meet generally accepted accounting principles;
failure to comply with the maximum class size requirements of Article IX,§§(1) – (3), Florida Constitution, to the extent said requirements are applicable to charter schools;
failure to maintain insurance coverage as described in this Charter;
failure to provide the Sponsor with the required access to records;
the School’s violation of any court order that would affect the proper functioning of School operations;
a criminal conviction upon matters involving the School against either the School’s Governing Board, its members (collectively or individually), or by a management company contracted by the School;
failure to submit to the Sponsor a Financial Recovery Plan with the appropriate supporting documents that is determined by the Sponsor to be acceptable within thirty (30) days following a determination of financial emergency pursuant to
218.503, F.S.;
failure to implement any Financial Recovery Plan approved by the Commissioner of Education pursuant to 218.503, F.S.;
failure to provide periodic progress reports as required by the Financial Recovery Plan as determined by the Sponsor;
the School’s receipt of a finding of financial emergency, pursuant to § 503, F.S., for two consecutive years or more than once during any one fiscal year;
failure to (1) cooperate with representatives of a financial emergency board seeking to inspect and review the School’s records, information, reports and assets; (2) consult with representatives of a financial emergency board regarding

04 21 2015 CONTRACI’ llealthy I.earning Academy 2nd Renewal 2015 202.5 lkl Approved 3

any steps necessary to bring the School’s books of account, accounting systems, financial procedures, and reports into compliance with state requirements; (3) permit the representatives of a financial emergency committee to review the School’s operations, management, efficiency, productivity, and financing of functions and operation; or (4) provide periodic progress reports as required by any financial recovery plan issued pursuant to §218.503. F.S.;

a finding that the School or its representatives have perpetrated a material fraud upon the Sponsor or made material intentional misrepresentations in Appendix 1;
failure to comply with background screening, including the payment of all associated costs, and other requirements set forth in 1002.33(12)(g), F.S.;
failure to achieve and maintain a minimum student enrollment sufficient for the viability of the approved budget;
any other good cause shown, which shall include, without limitation, any failure to meet the state criteria for low-performing charter schools, or a material breach or violation by the School of the standards, requirements, or procedures of this Charter, such as:
- failure to timely submit monthly and quarterly financial reports;
- failure to timely submit all financial statements in the format specified by the Sponsor;
- failure to fulfill all the requirements for highly qualified instructional personnel as defined by the No Child Left Behind Act (NCLB);
- failure to comply with the conflict-of-interest provisions applicable to charter schools;
- failure to timely submit the annual report to the Sponsor;
- failure to timely submit the School Improvement Plan to the Sponsor, as required by State law;
- failure to participate in all state assessment programs;
- failure to allow the Sponsor reasonable access to facilities and records to review data sources, including collection and recording procedures;
- failure to comply with the education goals established by §1000.03(5), S.;
- if the School is a secondary charter school, its failure to comply with 1003.43, F.S., or to the student progression standards set forth in § 1008.25, F.S.;
- failure to use records and grade procedures that adequately provide the information required by the Sponsor;
- failure to provide Special Education (ESE) students and English Language Learners (ELL) with programs and services in accordance with federal, state and local school district policies;
- failure to obtain proof of consent to enroll each student from the student’s parent/guardian or from the student if the student is eighteen (18) years of age or older;
- failure to timely submit the annual financial audit as required by 218.39, F.S.; o failure to comply with the Florida Building Code (including Chapter 423, F.S.)

and the Florida Fire Prevention Code, including reference documents, applicable state laws and rules, and federal laws and rules;

04 21 2015 CONTRACr llealthy I.earning Academy 2nd Renewal 20l!’i 202.,; lkl Approved 4

failure to comply with all applicable laws, ordinances and codes of federal, state and local governance including, without limitation, the Individuals with Disabilities Education Act (IDEA);
failure to obtain and maintain all necessary licenses, permits, zoning, use approval, facility certifications, and any other approval required by the local government or any other governmental authorities having jurisdiction at any time during the term of this Charter;
failure to maintain the required insurance at any time during the term of this Charter or provide evidence that such insurance is in effect;
the violation by a member of the School’s Governing Board of 112.313(2), (3),

(7) or (12), or §112.3143, F.S., or any other applicable portion of the Code of Ethicsfor Public Officers and Employees that is not promptly remedied upon notification of the violation to the School’s Governing Board;

failure to achieve adequate student performance as defined in the State’s Differentiated Accountability Rule 6A-1.099811, A.C., and in the No Child Left Behind Act of 2001;
willful or reckless failure to manage public funds in accordance with the law;
failure to comply with the maximum class size requirements of Article IX, § (1)

– (3), Florida Constitution, to the extent said requirements are applicable.

Notice of Renewal/Non-Renewal from the School. The School shall notify the Sponsor in writing at least ninety (90) days prior to the expiration of the Charter as to the School’s intent to renew or not to

Ninety (90)-Day * This Charter may be terminated upon ninety (90) calendar days’ written notice pursuant to §1002.33 (8)(b) and (c), F.S., for any of the grounds listed in this Charter or provided under applicable law. This Charter may also be terminated by the Sponsor before the expiration of its term if the Sponsor determines, after due notice and opportunity to be heard, that insufficient progress has been made by the School in attaining certain achievement objectives agreed to by the parties hereto and contained in this Charter.

1.D.2.1. Notice from the Sponsor; Appeal. Except when immediately terminated pursuant to this Charter, the Sponsor shall provide written notification to the Governing Board of the School of the proposed termination of a charter at least ninety (90) days in advance of the proposed action. The notice shall state in reasonable detail the grounds for the proposed action.

The notice shall state that the School’s Governing Board may request an informal hearing before the Sponsor. Such request must be made within fourteen (14) calendar days of receiving the notice.

Within thirty (30) days from receipt of a request from the School’s Governing Board, the Sponsor shall conduct the informal hearing.

Within thirty (30) days from receipt of the Sponsor’s decision to terminate the Charter, the School’s Governing Board may appeal the Sponsor’s decision to the State Board ofEducation, pursuant to the procedure established in §1002.33(6), F.S.

Immediate * This Charter may be terminated immediately by the Sponsor pursuant to §1002.33(8)(d), F.S., if it determines that there is exigent good cause or ifthe health, safety or welfare of the students is threatened. In making the determination as to whether good cause exists for immediate termination, the Sponsor will consider whether the totality of the circumstances warrant a decision to forego the procedures for a ninety (90) day termination.

114 21 21115 CONTRACl’ llealthy I.earning Academy 2nd Renewal 2015 2025 Bd Approved 5

The Sponsor shall notify in writing the School’s Governing Board, the School’s principal, and the Florida Department of Education if the Charter is immediately terminated. The Sponsor shall clearly identify the specific issues that resulted in the immediate termination and provide evidence of prior notification of issues resulting in the immediate termination, when appropriate.

Pursuant to §1002.33(8)(d), F.S., the Sponsor’s determination to immediately terminate the Charter is not subject to the provision of an informal hearing described in §1002.33(8)(b), F.S., or pursuant to Chapter 120, F.S. However, the School’s Governing Board may, within thirty

(30) days after receiving the Sponsor’s decision to terminate the Charter, appeal the decision pursuant to the procedure established in §1002.33(6), F.S.

Immediate Termination – Operations During * Upon receipt of notice of immediate termination, the School shall immediately provide the Sponsor all of the keys to the School’s facilities, along with all security system access codes and access codes for all computers in the School’s facilities, and immediately make accessible all educational and administrative records of the School so the Sponsor may take any appropriate actions. Within two (2) business days, the School shall turn over to the Sponsor all records and information regarding the accounts of all of the public funds held by the School and shall turn over to the Sponsor all of the School’s public property and public funds. If the School prevails in an appeal to the State Board of Education, the Sponsor shall, immediately, return to School all keys, security codes, all educational and administrative records of the School, and the School’s facility. In that case, the School’s Governing Board shall resume operation and oversight of the School.
Immediate Termination -Assets and Property During Any unencumbered public funds from the School, and district school board property and improvements, furnishings, and equipment purchased with public funds, or financial or other records pertaining to the School, in the possession of any person, entity or holding company, other than the School, shall be held in trust upon the Sponsor’s request, until any appeal status is resolved.
Immediate Termination – School Debts and Term of Lease During Nothing herein shall be construed as an obligation on the part of the Sponsor to secure the extension of a lease term during the pendency of an appeal or to pay.with Sponsor’s funds any debts incurred by the School in order to avert a foreclosure or eviction.
Immediate Termination – Correspondence During During the pendency of any appeal, the Sponsor shall forward to the chair of School’s Governing Board copies of any correspondence or other written communications related to the School’s leases and mortgages or to the extension or termination of any of the School’s contracts or business relationships.
Immediate Termination – Non-Renewal or Termination During Pendency of Since the issues on appeal shall be limited to whether there existed grounds for the immediate termination of the Charter, this Charter may still be terminated upon ninety (90) days notice or non-renewed in accordance with its terms during the pendency of an appeal in accordance with §1002.33(8), F.S.
Immediate Termination – Retrieval of Personal Items by School If the School appeals to the State Board of Education and is unsuccessful in the appeal (or ifthe School fails to timely file an appeal), the School shall be dissolved pursuant to §1002.33(8)(e), F.S. In such event, the Sponsor shall allow the School’s Governing Board and its employees, agents and assigns to retrieve any of their respective personal belongings from the School’s facility. However, all property and improvements, furnishings, and equipment purchased with public funds shall

04 21 2015 CONTRAC’I’ llcal1hy teaming Academy 2nd Renewal 2015 2025 lkl Approved 6

automatically revert to full ownership by the Sponsor, subject to complete satisfaction of any lawful liens or encumbrances.

Sponsor Operation of School Pending Appeal.* Unless the School has already ceased operations, the Sponsor shall, if feasible, assume operation of the School upon immediate termination and shall continue operating the School throughout any timely appeal by the School to the State Board of Education or, if no appeal is filed, until the time for filing an appeal has expired. The feasibility of continuing the School’s operations is a matter within the sole judgment of the The Sponsor shall hold and conserve all School property and assets, including cash and investments, in trust until the School has exhausted all appellate rights to the State Board of Education. The Sponsor shall only disburse School funds in order to pay the normal expenses of the School as they accrue in the ordinary course of business.

Normal expenses shall include, but not be limited to, the payment of employee salaries and benefits.

School Employees After Immediate The School’s instructional and operational employees will be required to continue working in the School until such time as the School exhausts its appellate remedies. Notwithstanding the general policy of requiring such employees to continue serving in their regular capacities during that time, the Sponsor reserves the right to take any appropriate personnel action as to such employees if any cause for personnel discipline should arise or be discovered during the Sponsor’s assumed operation of the charter school (after the Sponsor provides any required due process to such employees if they are not terminable at-will).

Post Termination * In the event that the Charter is terminated (other than immediate termination) or non-renewed by the Sponsor, the disposition of financial and operational records, student records, property and assets, debts and leases shall be in accordance with the provisions of this Charter and applicable law.

1.D.4.1. Financial Restrictions During Pendency of Termination/Non-Renewal. Upon receipt of a notice of a recommendation for termination or non-renewal from the Sponsor’s Superintendent, the School shall make no new contracts, hire new employees, increase the rate of pay of any employee, make bonus or severance payments to any employee or undertake any new financial obligations, without the prior written approval of Sponsor.

1.D.4.2 Financial & Operational Records.* In the event that this Charter is terminated (other than immediate termination) or non-renewed by the Sponsor, all administrative, operational and financial records of the School shall be turned over to the Sponsor, along with all security system access codes and access codes for all computers in the School’s facilities on the date the expiration, non-renewal or termination takes effect

Student Records.* In the event that this Charter is terminated (other than immediate termination) or non-renewed by the Sponsor, student records shall be turned over to Sponsor on the date the expiration, non-renewal or termination takes effect
Property/Assets of the * The parties acknowledge that both the Sponsor and the School are public entities. In the event that the Charter is terminated (other than immediate termination) or non-renewed by the Sponsor, and except as otherwise provided by law, all assets, supplies and equipment purchased with public funds by the School or which would otherwise be due and payable to the School shall instead be delivered to, retained and owned by the Sponsor, and all school property and improvements, furnishings and equipment and any unencumbered public funds

04 21 201!1 CONTRACT llealthy I.earning Academy 2nd Renewal 201!1 202.’i Dd Approved 7

shall automatically revert or transfer, as the case may be, to full ownership by the Sponsor (subject to any lawful liens and encumbrances) following the School’s exhaustion of its appellate remedies.

Property and assets “purchased with public funds” means all property, whether real or personal, purchased directly with grants and funds provided by a governmental entity. Funds provided by the School and used by an education services provider (“ESP”) company to purchase property and assets for the School are considered public funds.

Any property and improvements, furnishings and equipment purchased without public funds for the School (which have not been reimbursed by public funds) shall be the property of the School should this Charter terminate or not be renewed.

If the School’s accounting records fail to clearly establish whether a particular asset was purchased with public funds or non-public funds, then it shall be presumed that it was purchased with public funds and ownership of the asset shall automatically revert to the Sponsor.

Any assets existing at the time of termination or non-renewal of this Charter which have been funded by both public funds and non-public funds shall be equitably divided between the parties. Any disputes concerning such equitable division of assets shall be addressed through the dispute resolution provisions available through

1002.33, F.S., or as specified in this Charter.

The financial and auditing personnel and staff of the Sponsor and the School shall cooperate in and coordinate the proper identification and sources of funding for the property and improvements, furnishings, and equipment purchased for the School and the appropriate record keeping of same, during the term hereof or any extensions of this Charter.

Debts of the School.* In the event that the Charter is terminated (other than immediate termination) or non-renewed by the Sponsor, the Governing Board of the School shall be responsible for all the debts of the The parties acknowledge that the Sponsor may not assume the debt arising from any contract for services made between the Governing Board of the School, the management company (if applicable), and/or third parties, except for a debt that is previously detailed and agreed upon (in writing and executed with the same formalities as this Charter) by both the Sponsor, the Governing Board of the School and/or the management company (if applicable), and that may not reasonably be assumed to have been satisfied by the Sponsor.
Leases of the School.* In the event that this Charter has expired or is terminated (other than immediate termination) or non-renewed by the Sponsor, any and all leases existing between the Sponsor and the School shall be automatically However, it is agreed that the Sponsor shall have, for a period of thirty (30) days subsequent to a termination or non-renewal, the first right of refusal to secure the lease on, or to purchase or possess the facilities used as the School’s site. The School agrees that any lease obtained by the School with any third person shall include a provision that will grant the Sponsor such a right of first refusal. In no event shall the Sponsor be responsible under any assignment of a lease for any debts or obligations of the School incurred prior to such assignment.
Dissolution of the School. Upon expiration, non-renewal or termination of the Charter and exhaustion of any rights to appeal, the School shall be dissolved under the provisions of the statute under which the School was

Student Enrollment Upon Non-Renewal. Any student who is enrolled in the School at the time of the termination, expiration or non-renewal of this Charter may apply to and be enrolled in a public school operated by Sponsor or another charter school in accordance with the Sponsor’s or the other charter school’s normal application and enrollment

Non-Discrimination Policy. The School agrees to adhere to a policy of non-discrimination in educational programs/activities and employment and strives to provide equal opportunity for all as required by:

Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, religion or national origin [42 S.C. §2000d];
Title VII of the Civil Rights Act of 1964, as amended, which prohibits discrimination in employment on the basis of race, color, religion, gender or national origin [42 S.C. §2000e];
Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of [20 U.S.C.§1681 et seq.];
Age Discrimination in Employment Act of 1967 (ADEA), as amended, which prohibits discrimination on the basis of age with respect to individuals who are at least 40 years of age [29 S.C. §621 et seq.];
Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against the disabled [29 S.C. §794];
The Americans with Disabilities Act of 1990 (ADA) which prohibits discrimination against individuals with disabilities in employment, public service, public accommodations and telecommunications [42 S.C. §§12101, 12131];
The Family and Medical Leave Act of 1993 (FMLA), which requires covered employers to provide up to twelve (12) weeks of unpaid, job-protected leave to eligible employees for certain family and medical reasons [29 S.C. §2601 et seq.];
The Florida Educational Equity Act, which prohibits discrimination against a student or employee on the basis of race, gender, national origin, marital status, or handicap [§1000.05,S.];
The Florida Civil Rights Act of 1992, which secures freedom from discrimination on the basis of race, color, religion, gender, national origin, age, handicap or marital status for all individuals within the State [§760 01 et , F.S.];
Public Law 93-508 (Federal Law) and §295.07, F.S., which provide categorical preferences for employment and re-employment rights to
- Additional The School will comply with any additional requirements imposed upon charter schools by applicable law or rules or by the Florida Department of Education. The performance of the Sponsor of any of its obligations under this Charter shall be subject to and contingent upon the availability of moneys lawfully available for such purposes.

Section 2: ACADEMIC ACCOUNTABILITY

Student * Student performance shall be assessed and evaluated in accordance with the School’s governing laws and rules, the assessment and evaluation provisions of the School’s approved application (Appendix 1) and the provisions of this Charter. In addition to evaluating the School’s success in achieving the objectives stated in either the Application, the School Accountability Plan, or the School Improvement Plan, the School shall be held accountable for meeting federal and state student performance requirements, as provided in §§1001.02, 1008.33, and 1008.345, F.S. The School agrees to permit the Sponsor’s personnel to observe the School’s operations to assess student performance upon reasonable notice.
- Initial Year Assessment and Evaluation.* (Not Applicable)

Annual Student * The School will annually implement its educational program as specified in the School’s approved application (Appendix 1), setting forth the

School’s curriculum, instructional methods, any distinctive instructional techniques to be used, and the identification and acquisition of appropriate technologies needed to improve educational and administrative performance, which include a means for promoting safe, ethical, and appropriate uses of technology which comply with legal and professional standards.

School Improvement Plan (SIP).* The School’s Governing Board shall approve a School Improvement Plan (“SIP”), as applicable, in each year of this Charter, as required by 1002.33(9), F.S.
- Minimum Components of * During the each year of the Charter, the School agrees to include in the SIP all requirements, based on the School’s status, as outlined under school grades, NCLB, Differentiated Accountability, Title 1status or other state or federal requirements. The SIP shall also contain the baseline standard of achievement, the outcomes to be achieved, and the methods of measurement that have been mutually agreed upon in the School Accountability Plan submitted to the Sponsor. The SIP must require the clear identification of source documentation for data and, where applicable, reliance upon state generated disaggregated data. The SIP must require annual adequate progress toward Accountability Plan goals.
- Deadline for Governing Board Approval.* The School’s Governing Board shall approve a SIP each year concurrent with the Sponsor’s SIP approval

Monitoring the * The School’s Governing Board shall be responsible for monitoring the School’s SIP.

Annual * The School’s student performance will be annually assessed as described in the School’s approved application (Appendix 1of this Charter), and as specified in applicable laws and rules.
- State-Required Annual Assessments. * The School will annually administer all state-required assessments to its students, at the School’s expense, within the State timeframe during each year of the term of the In accordance with the provisions of §1002.33(7)(a)(4), the School will participate in all state assessment programs in which Sponsor’s students enrolled in comparable grades/schools participate. To facilitate this participation, the Sponsor will provide consultation in each year by appropriate district staff and those services/support activities, which are routinely provided to the Sponsor’s school district staff regarding implementation of state-required assessment activities (e.g., staff training, dissemination and collection of materials, monitoring, scoring, analysis, and summary reporting). The School may not assess incoming students in any year using the same assessment instrument that the Sponsor uses in the

spring of that year. A different norm-referenced assessment must be used for this purpose.

Additional Annual * The School will implement, at its own expense, any assessments specified in its approved application (Appendix 1). When the Sponsor requires the School to participate in any District-wide assessments during the term of this Charter, the Sponsor shall bear the cost of the School’s participation in those assessments. When the School opts to participate in District-wide assessments during the term of this Charter, the School shall bear the costs associated with District-wide assessments. The School, at its discretion and own expense, may use other assessment tools during the term of this Charter that are educationally relevant, sound and consistent with this Charter.

04 21 2015 CONTRACT llealthy I.earning Academy 2nd Renewal 2015 2025 Bd Approved 10

2.8. Student Promotion.* The School agrees that its students shall be promoted based on the evaluation of each student’s achievement in accordance with state standards. Each student’s progression from one grade to another is based, in part, upon proficiency in reading, writing, science, and math.

2.B.1. Graduation Requirements.* (Not Applicable)

2.8.2. Other Assessment Tools.* In addition to those assessment tools identified in this Charter and in the School’s governing rules, the School will utilize all other assessment tools specified in the School’s approved application (Appendix 1).

Data Access and * The School agrees to allow the Sponsor access to its facilities and records to review data sources, including collection and recording procedures, in order to assist the Sponsor in making a valid determination as to whether student performance requirements have been met as stated in this Charter and as required by §§ 1008.31and 1008.345, F.S.

The School will use the Sponsor’s student information system and the Sponsor agrees to provide the School with sufficient access to such student information system. The School agrees to use data provided by the Sponsor in its electronic data processing system pertaining to admissions, registration, and student records. The School shall also use records and grade procedures that

adequately provide the information required by the Sponsor. If the School chooses to use an alternate grade book system other than the Sponsor’s, the Sponsor will not be required to provide any technical support.

The Sponsor will provide services/support activities which are routinely provided to the Sponsor’s staff regarding implementation of state-required assessment activities (e.g. staff-training, dissemination and collection of materials, monitoring, scoring, analysis and summary reporting).

Student performance data for each student in the School, including, but not limited to, FSA scores, standardized test scores, previous public school student report cards, and student performance measures, shall be provided by the Sponsor to the School in the same manner provided to other public schools in the district. Any expense for the aforementioned services that is not included as part of the Sponsor’s administration fee under §1002.33(20), F.S., will be the responsibility of the School.

(Not Applicable)
Records and Grading Due to the possibility that students enrolled in the School may return to a district school or transfer to another charter school within the Sponsor’s district, the School will utilize a records and grading procedure that is consistent with the Sponsor’s current records and grading procedures.
State System of Grading Schools. Florida’s Differentiated Accountability (“DA”) Program allows schools, districts and the state to target interventions based upon a combination of Florida’s School Grades and No Child Left 8ehind’s (NCL8) Adequate Yearly Progress (AYP), which aligns both the state and federal accountability DA interventions increase as the percentage of AYP criteria is not met and school grades decline. DA interventions are designed to address the root causes of poor student performance and are tiered to address schools that have relatively few subgroups that are not achieving AYP and those schools with widespread student performance issues.

Integral measures for school improvement and raising student achievement levels under DA include focusing school improvement efforts, increasing leadership and educator quality, targeting professional development to school needs, aligning and pacing curriculum, using data to drive instruction and continuous improvement, provision of education choice, tutoring and.monitoring.

Any school not achieving AYP for two (2) consecutive years or a subsequent third year will be designated as DA school. The School and the requisite intensity of any interventions for it shall be categorized based on school grade and AYP.

The School shall not receive an “F” from the State’s system of grading schools for two (2) years in a four (4) year period. Ifthe School does receive an “F” for two years in a four-year period, such circumstances shall constitute a material breach of this Charter and good cause for its termination by

04 21 2015 CONTRACl’ llcalthy I.earning Academy 2nd Renewal 2015 202.’I Hd Approved 11

the Sponsor. In addition, if the School receives an “F” or is designated as not making AYP for any year, the School agrees to participate in all Florida Department of Education assistance programs for school improvement including, but not limited to, Florida’s DA Model under §1008.33, F.S. If the performance of the School’s students on state-required assessments is equivalent to a grade of “F” in two (2) consecutive years, or in two (2) of four (4) consecutive years, such circumstances will constitute a material breach of this Charter and good cause for termination of this Charter by the Sponsor.

Student Achievement Deficiency In the event the School attains a school grade of “D” under §1008.34(2), F.S., the principal/director and a representative of the Governing Board of the School shall meet with the Sponsor’s curriculum division at least once per year to present information concerning the School’s state-identified deficiencies in student

achievement.

School Improvement In the event the School receives a school grade issued under
1008.34(2), F.S., of “F” in any year or a school grade of “D” for two (2) consecutive years, the School’s director/principal and a representative of the School’s Governing Board shall submit to the Sponsor a SIP that is approved by the School’s Governing Board and is aligned to DA and is prepared to raise student achievement. The Sponsor shall have the authority to monitor the School’s implementation of any School Improvement Plan during the following school year.

The Sponsor may also consider any action recommended by the Florida Board of Education as part of any School Improvement Plan.

Corrective If the School fails to improve its student performance from that of the year preceding implementation of a SIP, the Sponsor shall require the School to take one or more of the corrective actions specified in this section. Such corrective actions shall remain in effect until the School improves its student performance from the year prior to the implementation of the SIP. Correction actions required by the Sponsor may include:
- enter into one or more contracts for the provision of educational services with Education Services Providers (ESPs);
- reorganize the School at the end of the current school year under a new principal or director who is authorized to hire new staff and to implement a plan that addresses the causes of inadequate progress;
- reconstitute the School; or
- any other action permitted by applicable law, rules or this Charter including, without limitation, the termination of this Charter pursuant to 1002.33(8), F.S.
Non-Compliance with Non-compliance by the School with any requirements of the DA Plan, interventions and/or supports may result in intervention by the Florida Board of Education in the School’s operations, the withholding of state funds, submission to the Florida Legislature of a report of the School’s non-compliance with recommended legislative action; a redirection of Title II, Part A funds; and/or the School’s designation to a more severe category (i.e., from Correct I to Correct II). If the School attains status as an Intervene School, it will be

required to submit an Intervention Plan, which will include re-constitution should the School fail to improve.

State Student Performance Requirements. The School will be accountable for meeting the state’s student performance requirements as delineated in State Board of Education Rule 6A-1.09981, Florida Administrative Code – Implementation of Florida’s System of School Improvement and Accountabilit;y, based on §1001.02, 1008.33, and 1008.345, F.S.

Annual Accountability Report The School shall submit an Annual Accountability Report to the Sponsor by the date specified by the Florida Department of Education each year during the term of this Charter School Agreement, as required by 1002.33, F.S. The Annual Accountability Report will be in accordance with the School’s governing laws and rules and any Accountability Plan Guidelines adopted by the Sponsor. This Annual Accountability Report shall be prepared pursuant to statutory requirements which shall include, but not be limited to, comparative student performance data and information required by §1008.345, F.S. In preparing this report, the School agrees to utilize data provided through its participation with the Sponsor pertaining to admissions, registration and student records. After verification of the School’s Annual Accountability Report, the Sponsor shall forward it to the Florida Commissioner of Education at the same time as other annual school accountability reports are submitted. The School’s Annual Accountability Report shall include at least the following information:
- The School’s progress toward achieving the goals outlined in this Charter;
- Student achievement performance data, including the information required for the annual school report and education accountability pursuant to §1008.31 and 1008.345, F.S.;
- Financial records of the School, including, but not limited to, revenues and expenditures, at a level of detail that allows for analysis of the ability to meet financial obligations and timely repayment of debt, and audited financial statements;
- Documentation of facilities in current use and any planned facilities for use by the School for instruction of students, administrative functions, or investment purposes; and
- Descriptive information about the School’s personnel, including salary and benefit levels of the School’s employees, the proportion of instructional personnel who hold professional or temporary certificates, and the proportion of instructional personnel teaching in-field or out of-field.

2.1. Sponsor’s Charter School Analysis. Pursuant to law and upon verification of the School’s Annual Accountability Report, the Sponsor will provide to the Florida Commissioner of Education an analysis and comparison of the overall performance of the School’s students. The parties agree that the

Sponsor will utilize results from the state and district required assessment programs referenced in this Charter and the data elements to be included in the aforementioned Annual Accountability Report required by law from the School.

2.J. Reading Plan. The School agrees to adopt and implement a FLDOE-approved core reading plan.

Section 3: STUDENTS

Eligible * The School shall be open to any student residing in Alachua County and any student who is covered by an inter-district agreement The School shall enroll all eligible students in accordance with §1002.33(10), F.S., up to the maximum school enrollment capacity of 112. In no event shall any eligible student, as defined by §1002.33(10), F.S., be denied enrollment unless the School has attained its maximum school enrollment capacity.

The School shall not be eligible for or receive funds for enrollment beyond the maximum enrollment capacity provided herein. Ifthe School fails to achieve, by the October FTE reporting period, a minimum school enrollment sufficient to support the School’s operations at an adequate level under its approved budget, such failure shall be considered good cause for termination or non-renewal for failure to meet generally accepted standards of fiscal management as provided in §1002.33(8)(a)(2), F.S., unless the School provides to the Sponsor a revised and balanced budget within sixty (60) days of the October FTE reporting period.

A student may not be transferred by the School to another charter school or district school except upon the prior written consent of the student’s parent/guardian or of the student (if an adult). The School agrees that any transfer or withdrawal of students shall be conducted in accordance with the Sponsor’s student transfer and withdrawal policies and procedures. Parents may withdraw a student from the School at any time. In such event, the student shall either return to the student’s regularly assigned district school or to another school with an appropriate program.

School The community to be served by the School is described in the School’s Application (Appendix 1).

3.8. Grades Served.* The School shall enroll students in grades K – 5.

Class * To the extent applicable, the School will comply with Article IX, §1of the Florida Constitution, and any applicable state law governing class size. If it is determined that the School was required to comply with Article IX, §1of the Florida Constitution or any state law governing class size and failed to do so, and such non-compliance adversely impacts Sponsor’s compliance with state law, such failure shall constitute good cause for the immediate termination of this Charter. Furthermore, the School shall promptly reimburse the Sponsor for any penalties incurred by Sponsor as a result of the School’s non-compliance.
Annual Projected Enrollment* The School shall provide to the Sponsor its annual projected FTE enrollment for the upcoming school year by the State-required
Annual Capacity * Any change in the School’s approved maximum school enrollment capacity must be achieved through amendment of this Charter. If a change in its maximum school enrollment capacity is desired for an upcoming school year during the term of this Charter, the School must provide notice to the Sponsor of the proposed change in school enrollment capacity and the facts supporting that request no later than February 28 prior to the school year in which the increased capacity is requested. Maximum school enrollment capacity shall not exceed the maximum capacity established by any applicable certificate of occupancy, certificate of use, fire permit or applicable provision of Article IX, §1, of the Florida Constitution or any other law or rule that is applicable to the School.
Admissions and Enrollment * The School will be responsible for its enrollment process and shall admit and enroll students residing in the school district in accordance with the School’s application (Appendix 1) and §1002.33(10), F.S. Informational meetings will be held by the School to inform interested parents/guardians of the mission of the School, the registration process, and required contractual obligations.
- Student Eligibility and Enrollment The School agrees to enroll an eligible student by accepting a timely application, unless the number of applications exceed the stated capacity of the School, class, grade, level or building as agreed to in Appendix 1. In such case, all applicants shall have an equal chance of being admitted through a random selection process. The School’s enrollment plan shall be in compliance with the following eligibility and enrollment considerations:
  - Equal Enrollment Students requiring services from an Exceptional Student Education (“ESE”) program as well as students requiring services from English Language Learners (“ELL”) programs shall have equal opportunities of being selected for enrollment in the School. The School may not request prior to enrollment, through the registration or otherwise, information regarding the student’s juvenile or disciplinary history or status, or a student’s IEP or other information regarding a student’s special needs. However, if the number of applications exceeds the capacity of a program, class, grade level, or building, all eligible applicants shall have an equal chance of being admitted through a random selection process that complies with Florida law.

Enrollment Preferences – Siblings and Employees’ The School acknowledges that it may give enrollment preference to eligible siblings of students enrolled in the School, to the child of an employee of the School, to the child of a member of the Governing Board of the School or to any other student as authorized by Florida law.
Enrollment Preferences – Same The School acknowledges that it may give enrollment preference to students living in the same household with an accepted/attending student (i.e., foster home, foreign exchange student), subject to the provision of appropriate documentation to support such student eligibility.

Maintenance of Student * The Sponsor agrees to cooperate with the School to provide cumulative folders and permanent records, including IEPs for Exceptional Students. The School will securely maintain both active and archival records for current and former students in accordance with applicable federal and state laws. The Sponsor will assist the School in establishing appropriate record formats.
- Cumulative Folders/Permanent All cumulative folders and permanent records of students leaving the School to attend a district school will be forwarded to the receiving school immediately upon request. The School shall not delay the transfer of records due to the lack of a parent/student exit conference;
- Records Upon Out-of-District All cumulative folders and permanent records of students leaving the School to attend a school other than a district school will be copied and forwarded to the receiving school. The original cumulative folder and permanent record of the student will be filed with the School’s inactive student records and transferred to the Sponsor in accordance with applicable federal and state law.
- Records Upon Other All cumulative folders and permanent records of students leaving the School for any reason, other than above, will be filed with the School’s inactive student records and transferred to the Sponsor in accordance with applicable federal and state law.
- Records Transfer to All permanent (Category A) records of students leaving the School, whether by graduation, transfer to Sponsor’s District schools, or withdrawal to attend another school, will be transferred to the Sponsor in accordance with applicable law. All records of student progress (Category B) will be immediately transferred to the appropriate recipient school, without exception, if a student withdraws to return to one of Sponsor’s District schools or to another school system. The School may retain copies of the academic records created during a departing student’s attendance at the School.
- Inactive Student All inactive student records will be forwarded annually to the Sponsor. These records shall be forwarded each year prior to September 30 for any student withdrawing prior to June 30 of the previous year. The School shall maintain pupil attendance records in the manner specified in Rule 6A-1.044, Florida Administrative Code.

3.G.7. Confidentiality of Student Records. The School shall ensure that all student records are kept confidential as required by applicable federal and state laws. The Sponsor has the right with reasonable notice, if it has a legitimate educational interest, to review any and all student records maintained by the School including, without limitation, records pertaining to students in the ESE or ELL programs at the School. [Ref.:20 U.S.C. 1232g;§1002.221, F.S.J

Exceptional Student * Students enrolled in the School who are eligible to receive exceptional Student Education (“ESE”) services shall be provided a free appropriate public education by the School in accordance with this Charter, applicable federal and state laws and applicable administrative rules adopted by the Florida Board of Education. Students with disabilities will be

educated in the least restrictive environment as outlined in the Florida Department of Education’s and the Sponsor’s Special Programs and Proceduresfor Exceptional Students. [Ret:20 U.S.C 1412;§1003.57, F.S.]

Non-Discrimination.* The School shall adopt a policy providing that it will not discriminate against students with disabilities who are served in ESE programs and students who are served in ELL programs; and that it shall not violate the anti-discrimination provisions of 1000.05, F.S. (The Florida Education Equity Act). The School shall guarantee that its admissions policies shall be nonsectarian. The School shall adopt and implement a non-discriminatory policy regarding placement, assessment, identification, selection, and admission of disabled students. The School will not request a copy of a student’s Individualized Education Plan (IEP) nor any other student information from the parent or any other source prior to the student’s completion of the application process, nor shall the School access such student information on the Sponsor’s student information system prior to admission of the student. The School’s enrollment application will not include questions concerning a student’s IEP or need for special services. Upon receiving the application for enrollment of a student with a disability, the School will convene a meeting with individuals knowledgeable about the student to evaluate the student’s individual needs and determine whether the student can be provided a free, appropriate public education by the School. The School shall not use the Parent Contract to discriminate, involuntarily withdraw, or create a financial burden or any other barrier to enrollment.
Sponsor’s * The Sponsor will have the responsibility of conducting the evaluation of students referred for potential placement within ESE in accordance with federal and state mandates. The School agrees that the Sponsor will perform all evaluations of students initially referred for placement within ESE. The School will be billed at the actual cost of these services for those services not covered by the administrative fee collected pursuant to
1002.33(20)(a)(2), F.S. The School may obtain independent evaluations of students at the School’s expense. These evaluations may be considered in determining eligibility but will not necessarily substitute for an evaluation conducted by the Sponsor’s district personnel in a manner and timeframe consistent with that of all other schools in the district.
School’s Responsibilities .* The School shall make a continuum of alternative placements available to students with Students with disabilities enrolled in the School shall be provided, at the School’s expense, with programs implemented in accordance with federal, state and local policies and procedures, (or other State approved procedures) and, specifically, the Individuals with Disabilities Education Improvement Act (IDEIA); Section 504 of the Rehabilitation Act of 1973; §§1000.05, 1003.57, 1001.42(4)(1), and 1002.33, F.S.; Chapter 6A-6 of the State Board of Education Administrative Rule; and Florida Department of Education’s Special Programs and Proceduresfor Exceptional Students and the Sponsor’s Policy 2460, Exceptional Student Education. The School will be responsible, at its expense, for the delivery of all educational and related services indicated on the student’s IEP. Related services (e.g., speech/language therapy, occupational therapy, physical therapy, and counseling) must be provided by the School’s staff or paid for by the School through a separate contract. Gifted students shall be provided with programs implemented in accordance with state and local policies and procedures, federal and state laws, and Chapter 6A-6 of the administrative rules adopted by the Florida Board of Education. The School will be responsible for the delivery of all educational services indicated on a student’s educational plan.
- IEP The School will develop an IEP and conduct an IEP meeting with the student’s family for each exceptional student enrolled in the School. The School will use all of the Sponsor’s forms and procedures related to ESE eligibility, IEP and placement process procedures.

The School will invite the Sponsor to participate in all IEP meetings (including initial staffing and annual IEP review meetings) at the School and will provide the Sponsor

04 21 2015 CONTRACT Healthy Learning Academy 2nd Renewal 2015 2025 lid Approved 16

at least two (2) weeks prior notice of such meetings accompanied by a copy of the Parent Participation Form, by mail or given in person. The Sponsor will provide a Staffing Specialist to serve as the Local Education Agency (LEA) when the IEP meeting is considering an initial placement, a change in placement, a dismissal from a program or a change in personnel assignments or reassignments. The Sponsor will be responsible for the review of the Matrix of Services form following the completion or revision of an IEP. The Sponsor will make final determinations of the Matrix of Services scores.

If it is determined by an IEP committee that the needs of a student with disabilities cannot be met at the School, the School will take steps to secure another placement for the student in accordance with federal and state mandates. The School’s staff will work together with the Sponsor’s personnel to ensure that the needs of these students are met. The School’s staff will work closely and as early as possible, in the planning/development stages, with Sponsor staff to discuss the services needed by the School’s students with disabilities.

Least Restrictive Students with disabilities enrolled in the School will be educated in the least restrictive environment and will be segregated only if the nature and severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. As it is the School’s goal to place students in an environment where they can best flourish, those students whose needs cannot be adequately addressed at the School will be appropriately referred; and the School’s staff will work together with the Sponsor’s personnel to ensure that the needs of these students are met. However, it is the School’s obligation, and not that of the Sponsor or the student’s zoned school, to provide all appropriate services to ESE students.
Procedural As early as possible in the planning/development stages, the School’s staff will work closely with the Sponsor’s staff to discuss the needed services (including all related services and programs) of the School’s students with disabilities. Parents of students with disabilities will be afforded procedural safeguards in their native language, which safeguards will include the areas of notice and consent, independent educational evaluations, confidentiality of student records, due process hearings, and surrogate parents.
Federal and State Unless otherwise exempted by Chapter 1002, F.S., the School will complete federal, state and any other reports in accordance with the time lines and specifications of the Sponsor and the State Department of Education.
504 The School will provide reasonable accommodations to students with physical or mental impairments which substantially limit a major life activity, if and to the extent required to enable such students to have an opportunity to be successful in their educational program equal to that of their non-disabled peers.

The School shall prepare a 504 Accommodation Plan for all students with a disability who do not have an IEP, in accordance with Section 504 of the Rehabilitation Act and its implementing regulations. [Ret:29 U.S.C.§794)

Services Covered by the Administrative * Th Sponsor will provide the following exceptional education administration services as part of the services for which it receives an administrative fee pursuant to §1002.33(20), F.S.:(a) monitor the School, which may include a review of ESE records, for ESE compliance with applicable federal, state and local policies and procedures; (b) ensure that students with disabilities enrolled in the School are receiving the services and support required under their IEPs or 504 Plans; and, (c) monitor attendance of the School’s LEA/designee at ESE Specialists’ meetings.

Due Process * In the event there is a Due Process hearing, mediation, or court action, in accordance with Section 615 of the Individuals with Disabilities Education Improvement Act or Section 504 of the Rehabilitation Act of 1973 involving the provision of education and related services to a student with disabilities at the School, the School shall bear all the costs of the hearing, mediation, or court action, including legal representation. The School shall be liable for all damages, costs and attorney’s fees incurred by the Sponsor in any actions related to a violation by the School of federal and state laws related to the education of students with disabilities.

The School will assist the Sponsor in any legal or quasi-legal activity regarding the educational program or placement afforded student with a disability attending or admitted to the School, such as a due process hearing request or formal complaint. All expenses, costs and attorney’s fees incurred by the Sponsor in the defense of a due process hearing request of formal complaint pertaining to the education of a student with a disability enrolled at the School shall be reimbursed by the School within thirty (30) days of the submission of a written invoice to School by the Sponsor. Selection of counsel shall be accomplished in consultation with the Sponsor. The School shall be responsible for all expenses, costs, attorney’s fees and compensatory services awarded in a due process hearing, civil suit or appellate proceeding pertaining to the education of a student with a disability enrolled at the School.

Dismissal Policies and Procedures.* The School agrees that it will only dismiss students as described in the School’s Application (Appendix 1). The School shall comply with Florida law and will adopt and follow a Code of Student Conduct for its students. The School will distribute its Code of Student Conduct to all teachers, school personnel, students and parents, at the beginning of every school year, and will confirm to the Sponsor in writing no later than September 15th that such distribution has Any policies developed by the School to implement its Code of Student Conduct shall be in accordance with the Florida State Board Rules, federal and state laws and regulations, and federal and state court decisions.
- The School’s Governing Board shall recommend expulsions to the Sponsor. However, the Sponsor has the ultimate authority in cases of student Ifthe School is considering removal of a student from attendance, the School will inform the Sponsor of its intention and share information concerning the basis for considering removal. Ifthe student’s actions lead to recommendation for assignment to an alternative school or expulsion from the Sponsor’s district, the School will cooperate in providing information and testimony needed in any legal proceeding. Students will be assigned to an alternative school only through the process

established by the Sponsor’s Board Policy, and will be expelled from the Sponsor’s district only if approved by the Sponsor’s School Board.

Ifa student has been recommended for expulsion for commission of a serious breach of conduct and the student is withdrawn from the School by a parent/guardian, the student may be denied enrollment in a district school by the Sponsor or may be assigned to an alternative school in accordance with Sponsor’s The School may not withdraw or transfer a student involuntarily unless the withdrawal or transfer is accomplished through established procedures in its Code of Student Conduct.
Students with disabilities will be disciplined only in accordance with requirements of the Individuals with Disabilities Education Improvement Act and Rehabilitation Act, the Florida Department of Education’s Special Programs and Procedures for Exceptional Students and the Sponsor’s Policy 246S, Discipline of Students with
- Corporal The School agrees that it will not engage in the corporal punishment of its students.
- Extracurricular Student [Not Applicable]

Enrollment· Health, Safety & Enrollment at the School is subject to compliance with the provisions of §1002.33, F.S., concerning school entry health examinations and immunizations. The School agrees to comply with the Federal Gun-Free Schools Act and any other applicable state and/or federal law pertaining to the health, safety and welfare of students. The School agrees to maintain a safe learning environment at all times. [Ret 20 U.S.C. 7151]
Parent/Student-School Conflict Resolution The School will develop a parent/student conflict resolution process through which all conflicts between the School and parents/legal guardians of the students enrolled at the School shall be handled by the Governing Board or by the School. Evidence of each parent’s/guardian’s acknowledgement of the School’s parent/student conflict resolution process shall be available for review upon request by the Sponsor.
English Language Students enrolled at the School who are English Language Learners (ELL) will be provided with primary instruction in English by personnel who will follow the Sponsor’s District Plan for English Language Learners and who either (a) hold a currently-valid State of Florida educator’s certificate showing the ELL subject area or the ELL endorsement or (b) hold a currently valid State of Florida educator’s certificate in another area of certification, have been approved by the Sponsor and the School’s Governing Board to teach in this capacity, and who complete the required in service training in ELL (a minimum of 60 hours each school year assigned to teach an English

Language Learner until the ESOL endorsement is added) as provided by the school district in compliance with the LULAC, et al. v. State Board of Education Consent Decree. The School will meet the requirements of the Consent Decree entered in LULAC, et al. v. State Board of Education and related rules of the State Board of Education in Chapter 6A-6. The School will comply with the Sponsor’s ELL Plan in identifying ELL students and for the provision of ELL services.

4.A. Revenue.

Section 4: FINANCIAL ACCOUNTABILITY

Basis for Student * The Sponsor agrees to fund the School for the students enrolled as ifthey are in a basic program or a special program in a school in the Sponsor’s district. The basis for the funding shall be the sum of the Sponsor’s operating funds from the Florida Education Finance Program (FEFP) as provided in §1011.62, F.S., and the General Appropriations Act, including gross state and local funds, discretionary lottery funds, and funds from the Sponsor’s district current operating discretionary millage funds, divided by the total funded weighted full-time equivalent students (WFTE) in the Sponsor’s district, multiplied by the WFTE of the School, less the administrative fee. The School shall receive One Hundred percent (100%) of the Merit Award Program funds, if any, awarded to the School pursuant to §1012.225, F.S. [Ref: §1002.33(17), F.S.}
- Student * The School agrees to report to the Sponsor its student enrollment as provided in §1011.62, F.S., and, in accordance with the definitions contained in §1011.61, F.S., at the agreed-upon intervals and using the method used by the Sponsor’s district when recording and reporting cost data by program. The Sponsor agrees to include the School’s enrollment in the Sponsor’s district report of student enrollment. The Sponsor will also provide training for the School’s personnel in the use of designated district applications necessary to respond to the legislative requirements of §1008.345, F.S., including the annual report and the state required assessment program.
- Distribution of Funds * The Sponsor shall make every effort to ensure that the School receives timely and efficient disbursement of the funds specified in this Article. Upon receipt of student enrollment, and calculation of weighted FTE from the School on or after July 1of each year, the Sponsor shall make every effort to ensure that the School receives timely and efficient distribution of funds. Distribution

of funds to the School shall begin in July (insert year) on a monthly basis in arrears based upon the estimated number of FTE students in membership during the FTE survey periods. The Sponsor shall pay the School one-twelfth of the available funds less the administrative fee within ten (10) working days of receipt by the Sponsor of a distribution of State or local funds. Ifpayment is not made within ten (10) working days after receipt of funding by the Sponsor, the Sponsor shall pay to the School, in addition to the amount of the scheduled disbursement, interest at the rate of one

(1%) percent per month calculated on a daily basis on the unpaid balance from the expiration for the ten (10) day period until such time as the payment is made.

* Total funding for the School shall be recalculated during the year to reflect the revised calculations under the FEFP by the State and the actual unweighted and weighted FTE students reported by the School during the full-time equivalent survey periods designated by the Commissioner of Education. Ifthe School submits data relevant to FTE funding that is later determined through the audit procedure to be inaccurate, the School shall be responsible for any reimbursement to the State arising as a result of any errors or omissions for which the School is responsible. Any deficit incurred by the School shall be the sole fiscal responsibility of the School and the Sponsor shall have no liability for the same.
Millage * In accordance with the provisions of §1002.33(9)(1), F.S., the School agrees that it shall not levy taxes or issue bonds secured by tax revenues.
Holdback / * In the event of a state holdback or a proration which reduces district funding, the School’s funding will be reduced proportionately. In the event that the Sponsor’s district exceeds the state cap for WFTE for any expenditure category of programs established by the Legislature, resulting in unfunded WFTE for the Sponsor’s district, then the School’s funding shall be reduced to reflect its proportional share of any unfunded WFTE and the School’s funding will be reduced to reflect its proportionate share of any unfunded WFTE.

In addition, if the Sponsor receives notice of an FTE funding adjustment which is attributable to error or substantial noncompliance by the School, the Sponsor shall deduct such assessed amount from the next available payment otherwise due the School. In the event that the assessment is charged near the end of or after the term of this Charter where no further payments are due the School, the Sponsor shall provide prompt notice to the School, which shall refund to the Sponsor the amount of the assessment within thirty (30) calendar days. The School will be responsible for an additional fee of one (1%) percent per month on the unpaid balance after thirty

(30) days from the date of notice of such assessment.

Categorical Ifthe School’s students or programs meet the eligibility criteria in law, the School shall be entitled to its proportionate share of the categorical program funds included in the total funds available in the FEFP by the Legislature, including transportation, less the administrative fee permitted under
1002.33(20)(a), F.S. The School shall provide the Sponsor with documentation that categorical funds received by the School were expended for purposes for which the categoricals were established by the Florida Legislature. The School shall reimburse the Sponsor for any impermissible expenditure, as established by State criteria, within thirty (30) days of notice of such expenditures.
Reading Ifthe School does not implement and comply with its FLDOE approved core reading plan, the funds that would have been allocated to the School, by the State and/or Sponsor for reading, shall remain with the Sponsor to serve low performing district schools pursuant to the K-12 Comprehensive Research-Based Reading Plan Guidelines.

Federal * In any programs or services provided by the Sponsor which are funded by federal funds and for which federal funds follow the eligible student, the Sponsor agrees, upon adequate documentation that verifies student eligibility (e.g. approved free-and-reduced price meal applications) from the School, to provide the School with equivalent federal funds per eligible student if the same level of service is provided by the School, provided that no federal law or regulation prohibits this transfer of funds.
- Title * Pursuant to provisions of 20 U.S.C. 8061, section 10306, the Sponsor will provide all federal funding for which the School is otherwise eligible, including Title 1 funding, not later than five (5) months after the School first opens or after a subsequent expansion of enrollment. Any Title I funds allocated to the School must

be used to supplement the reading/language arts and mathematics services for eligible students participating in the Title I program and shall be spent in accordance with federal regulations. These students will be identified utilizing the Economic Survey conducted annually during the prior fiscal year. The per-pupil allocation of Title I funds will correlate with the per pupil allocation of the home school.

Any capital outlay item purchased with Title I funds must be identified and labeled for Title I property audits. Any equipment purchased with Title I funds, which is classified as Capitalized Audio Visual or Equipment, remains the property of Title I, and must be identified and labeled for Title I property audits. Ifthe School accepts Title I funds, at least one (1%) percent of the Title I funds budget must be spent in support of parental involvement activities.

The School will ensure that Title I guidelines are being followed at the School and that students are meeting high content and performance standards. The district and regional Title I staff will provide technical assistance and support. The Sponsor agrees to timely notify the School of all dates and other information regarding reporting of student data, calendar of district in-service opportunities, and other dates and information pertinent to the School’s compliance with this Charter.

* The discretionary portion of the IDEA appropriation will remain with the Sponsor to provide training as required by IDEA guidelines. The School may participate in discretionary IDEA training offered by the Sponsor at no cost The Sponsor agrees to timely notify the School of all dates and other information regarding reporting of student data, calendar of district in-service opportunities, and other dates and information pertinent to the School’s compliance with this Charter.
Federal or Other * The Sponsor agrees to support the School in its efforts to secure grants by timely processing and submitting all documentation prepared by the School and necessary for the School’s competition for grants and other monetary awards, including, but not limited to, Federal Start-up Grant and Dissemination Grant

When the funding source requires that the Sponsor serve as the fiscal agent for a grant, the School shall, prior to generating any paperwork to the funding agency, notify the Sponsor in writing of its intent to submit a grant application and attach grant application guidelines.

Ifthe Sponsor develops a District-wide grant, the School may be included in the district proposal, if mutually agreed to by the School and the Sponsor. The Sponsor shall not agree to such participation unless the School specifically agrees to all terms, conditions, and requirements of the grant. Ifthe School fails in any material respect to comply with said terms, conditions, and requirements, the School shall be solely responsible and liable for any consequences. When a charter school elects to participate in a District-wide grant prepared by the Sponsor’s staff or when grant

proposals are developed by district staff using student or school counts that include the students of the School, dollars and/or services distributed via grant funds will be provided to the School in the same manner as other public schools.

Charter School Capital Outlay * Any Capital Outlay plan must be submitted by the School to the Sponsor’s finance officer for approval. Each Capital Outlay plan must contain a written list specifically enumerating the proposed capital expenditures. Sales contracts, construction contracts, purchase orders, leases, lease-purchase agreements, rental agreements or bills of sale will be accepted by the Sponsor to document the School’s expenditure of capital outlay funds. A copy of the previous year’s annual audited financials must be submitted with a Capital Outlay plan as well as any other supporting documentation that verifies that the School qualifies for capital outlay funds.
- After the Sponsor’s certification of a Capital Outlay plan submitted by the School, the Sponsor shall deliver any public capital outlay funds [hereafter f’CO Funds”] that are allocated and prorated to the School by the Commissioner of Education within ten (10) days of the delivery of such funds to the Sponsor by the Commissioner of
- The property and/or improvements purchased by the School using the CO Funds and any unencumbered CO Funds shall be subject to reversion to the Sponsor pursuant to
- §1002.33(8)(e) and 1013.62(3), F.S., and shall automatically revert to full ownership by Sponsor, subject to complete satisfaction of any other lawful liens and encumbrances, upon: (a) the termination or non-renewal of this Charter, or (b) the material breach of this Charter by the School. Any property and improvements, furnishings and equipment purchased without CO Funds or public funds for the School which have not been reimbursed by CO Funds or public funds shall be property of the School should this Charter terminate or not be renewed. However, ownership of an asset shall revert to the Sponsor in the event of termination or non-renewal of this Charter if the School’s accounting records fail to clearly establish whether a particular asset was purchased with CO Funds or public funds or from another funding source.
- The Sponsor acknowledges that the facilities leased with CO Funds may be leased by the School for community and educational services use. Ifthe School leases such facilities to third persons, any funds paid pursuant to such lease shall be deposited as Capital Outlay
- The parties agree that a failure to satisfy the obligations imposed by this section shall constitute a material breach of this Charter and good cause for its The School shall provide Sponsor’s Accounting Department copies of invoices for the property and/or improvements purchased with CO Funds. The School shall provide Sponsor’s Accounting Department lists of any property and/or improvements purchased with CO Funds that the School may subsequently propose to dispose of as surplus property. The property and/or improvements purchased by the School using CO Funds shall not be sold, transferred or encumbered, other than as provided herein, or disposed of by the School without obtaining the prior written consent of the Sponsor.
Other Funding • The Charter School may secure funding from private foundations, corporations, businesses and/or individuals.

Sponsor Administrative Fee of Up to 5% for 250 • The administrative fee charged by the Sponsor shall be five percent (5%) of available funds for the first two hundred and fifty (250) students, not including capital outlay funds, federal and state grants, or any other funds, unless explicitly provided by law. The Sponsor shall not withhold an administrative fee from federal or state grants unless explicitly authorized by law. If the School has a population of two hundred and fifty-one

(251) or more students, the difference between the total administrative fee calculation and the amount

of the administrative fee withheld may be used for capital outlay purposes specified in §1013.62(2),

F.S. The Sponsor shall not withhold an administrative fee from capital outlay funds unless explicitly authorized by Florida law.

Sponsor Services The Sponsor shall provide those administrative and educational services specified in §1002.33(20)(a), F.S., to the School at no additional fee. These services shall include contract management services, FTE and data reporting, exceptional student education administration services, services related to eligibility and reporting duties required to ensure that school lunch services under the federal lunch program are provided; test administration services, including payment of the costs of state required or district required student assessments; processing of teacher certificate data services, and information services, including equal access to student information systems that are used by public schools in the Sponsor’s District.
Other Sponsor Access by the School to other services not required in
1002.33(20)(a), F.S., but available through the Sponsor, may be negotiated separately by the parties. Charges for such services will be assessed upon reasonable notice at the following rate:

Hourly rate + proportional benefits of the Sponsor’spersonnel performing the service,

X the number of actual hours beyond services that are regularly regarded as district level administrative services.

The Sponsor will invoice the School monthly for these services. The School shall issue payment no later than thirty (30) working days after receipt of an invoice. If a warrant for

payment of an invoice is not issued within thirty (30) working days after receipt by the School, the School shall pay to the Sponsor, in addition to the amount of the invoice, interest at a rate of one (1%) percent per month, calculated on a daily basis on the unpaid balance from the expiration of the thirty (30) day period, until such time as the warrant is issued.

Restriction on Charging * In accordance with the provisions of § 1002.33(9)(d), F.S., the School agrees that it shall not charge any tuition or fees to students enrolled in an FEFP- funded program in any grade through Grade 12.
Allowable Student Fees.* The School further agrees that it shall not charge fees except for those fees normally charged by other public
Annual Budget.* The School shall provide the Sponsor with annual preliminary and official budgets in the format prescribed by the Sponsor. The budgets must include a revenue projection sheet, a detailed budget worksheet, a summary budget and a rationale for budgetary
- Governing Board Approval * Pursuant to §1002.33(9)(h), F.S., the School’s Governing Board shall annually adopt and maintain an operating budget.
- Date to Submit Budget to * During each year of this Charter, the tentative budget must be submitted to the School’s Governing Board during the preceding school year. The official approved budget is to be submitted to the Sponsor by July 1of the current school year.
- Amended Budget.* In the event that the School’s Governing Board approves an amended budget, a copy of the amended budget shall be provided to the Sponsor within ten (10) days of its approval by the School’s Governing
Financial Records, Reports and * The School shall utilize the standard state codification of accounts as contained in the most recent issue of the publication titled Financial and Program Cost Accounting and Reporting for Florida Schools (the “Red Book”) as a means of codifying all transactions pertaining to its operations.

Maintenance of Financial * Federal, state, and local funds and records shall be maintained by the School according to existing federal and state mandates and practices including, without limitation, any FEFP guidelines pursuant to § 1011.62, F.S. Separate funds and bank accounts shall be maintained where required for federal funds and state and local funds.

The Sponsor shall be entitled to inspection of the School’s financial and pupil records upon request and reasonable notice. The School agrees that it will submit in a timely manner to the Sponsor all information pertaining to the charter school that is necessary for Sponsor to comply with §1010.20, F.S.

The School shall implement monthly reconciliation procedures of all bank accounts. A copy of each entire bank statement, copy of cancelled checks, detailed general ledger cash accounts and supporting documentation shall be available to the Sponsor for audit review, upon request.

Access to Financial Upon reasonable request, the School will provide access to inspect and copy any and all financial records and supporting documentation including, but not limited to, the following items: monthly financial reports, cash receipts journals, cash disbursement journals, bank reconciliations, payroll records, general ledger account summaries and adjusting journal entries.
Financial * The School agrees that it will submit to the Sponsor, in a timely manner, the information specified in § 1010.20(1) and (2), F.S., Cost Accounting and Reporting. [Ref.:
1022.33(9)(9), F.S.]
- Monthly Financial * Pursuant to §1002.33(5)(b)(l)b, F.S., the School shall provide monthly financial reports to the Sponsor in the format as prescribed by the Sponsor, to be delivered to the Sponsor no later than the 20th day of the following month. Section 1002.33 (S)(c) and (d), F.S., require the Sponsor to monitor the progress of the School towards meeting the goals established in the Charter and to monitor the revenues and expenditures of the School.

The School shall provide a monthly financial statement to the Sponsor. The monthly financial statement shall be in a form prescribed by the Department of Education.

The monthly financial statements shall be prepared in accordance with Florida Department of Education publication titled Financial and Program Cost Accounting

and Reporting for Florida Schools, the “Red Book.” The monthly reports shall include a

Balance Sheet, Statement of Revenue, Expenditures and Fund Balance, and Budget to Actual Report. The monthly financial reports shall specifically include, but not be limited to, an accounting of all public funds received and an inventory of the School’s property purchased with such public funds, as required by §§274.02(1), 1002.33(9)(g) , F.S., and Rule 691-73.002, F.A.C., or successor statutes and rules.

These monthly financial reports shall be cumulative. The statements shall have individual designations for each fund, including:

assets, liabilities, and fund balances for each fund type;
the original budget as approved by the School’s Governing Board;
the current budget as approved by the School’s Governing Board;
revenues and expenditures, year-to-date, vs. budget; and
budget to actual

Annual and Monthly Property * The School’s monthly financial reports submitted to the Sponsor shall include a cumulative listing of all property valued over $1,000 purchased with public funds (i.e., FEFP, grant, and any other

public-generated funds). A cumulative listing of all property valued at more than

$1,000 purchased with private funds will be submitted to the Sponsor by the School annually along with the annual audited financial statements. These lists will include:

date of purchase; (2) item purchased; (3) cost of item; (4) item location; and (5) serial
- General Fixed Assets and Tangible Personal The School shall comply with all the requirements set forth in Florida Statutes and in the Florida Commissioner of Education’s publication entitled Financial and Program Cost Accounting and Reporting for Florida Schools pertaining to general fixed assets and tangible personal property.
Access to The School agrees to allow the Sponsor reasonable access and the opportunity to review the inventory of public assets and records of such inventory. The inventory records should include; at minimum, the date of purchase, description of purchase, serial number of asset, cost of asset, funding source and current location of item.
- Program Cost * The School shall deliver to the Sponsor the School’s Annual Program Cost Report/or Charter Schools in the format as prescribed by the Florida Department of Education no later than August 31st of each year.
- Annual Financial Audit* At the School’s sole expense, an annual audit of the School shall be conducted by a qualified, independent certified public accountant licensed to practice public accounting in the State of Florida and selected pursuant to the provisions and through the process of 218.391, F.S., and approved by the School’s Governing Board, which approval shall not be unreasonably withheld, and shall be paid for by the School.

The annual audits shall be performed in accordance with Generally Accepted Auditing Standards; Government Auditing Standards, issued by the Comptroller General of the United States; and the Rules of the Auditor General, State of Florida. The annual audit shall be conducted in a manner similar to that required of the Sponsor’s school district by §218.39, F.S., in compliance with federal, state and school district regulations showing all revenues received from all sources and all direct

expenditures for services rendered, and shall be provided to the Sponsor no later than September 30th of each year of the term of this Charter. The School’s independently audited financial statements shall be included in this annual audit

report. The annual audit reports shall be a complete presentation in accordance with Generally Accepted Accounting Principles including Management, Discussion and Analysis (“MD&A”). The School shall ensure that the annual audit reports are in compliance with Chapters 10.800 and 10.850, Rules of the Auditor General, as applicable. The independent financial auditor shall report on the expenditure of categorical funds. The School must comply with all provisions related to the submission of its audit report to the Auditor General, including the response/rebuttal and corrective actions.

Annual Financial Audit: Distribution of The findings shall first be reported by the auditor to the principal or administrator of the School and all persons serving on the School’s Governing Board during an exit interview conducted within seven (7) days of the conclusion of the audit. Within fourteen

(14) days of the exit interview, the auditor shall provide a final report to the School’s entire Governing Board, the Sponsor, and the Florida Department of Education. Ifthe audited financial statements reflect a deficit financial position, the auditor is required to so notify the School’s Governing Board, the Sponsor,

and the Department of Education. The School shall ensure timely submission of its annual audit report to the Auditor General, pursuant to §218.39 (1) and (8), F.S.

Additional Audits Required by The Sponsor reserves the right to perform additional audits at Sponsor’s expense as part of the Sponsor’s financial monitoring responsibilities, as it deems necessary and appropriate pursuant to
1002.33(5)(b), F.S. The Sponsor has the right to review upon request all documentation pertaining to children with disabilities at the School.
Audited Financial During each year of the term of this Charter, the School agrees to provide to the Sponsor the School’s audited financial statements for the year ending June 30th. The audited financial statements shall be prepared in the format required by Governmental Accounting Standards Board Statement No. 34 Basic Financial Statements and Management’s Discussion & Analysisfor State and Local Governments and presented in the Sponsor’s Annual Financial Report (AFR). The AFR format should be provided no later than October 3Qth of each year. The annual audited financial reports shall include a complete set of financial statements, management’s discussion & analysis, and notes

thereto prepared in accordance with Generally Accepted Accounting Principles accepted in the United States of America and a management letter resulting from the financial statement audit. The audited financial statements and related management letter shall be provided no later than October 3Qth of each year.

Unaudited Annual Financial The School agrees to complete Florida Department of Education Form ESE 145 using its unaudited financial statements for the year ending June 30th of each year of the term of this Charter. Form ESE 145 shall be provided to the Sponsor no later than August 2Qth of each year.

Form 990.* If the School has been granted a tax-exempt status, the School will provide the Sponsor with a copy of correspondence from the Internal Revenue Service (IRS) granting tax-exempt status as a section 501(c)(3) In the event it is not included in their audit report, the School will also provide the Sponsor a copy of its Form 990, Return a/ Organization Exemptfrom Income Tax, and all schedules and attachments, within fifteen (15) days of filing with the IRS. Ifthe IRS does not require Form 990 to be filed, the School will provide the Sponsor with written confirmation from the IRS of such non-requirement. Notwithstanding anything set forth in this Charter, the Sponsor does not covenant to extend or pledge its tax-exempt authority in any way for the use or benefit of the School.

School’s Fiscal * The School’s fiscal year shall be the same as that of the Sponsor during the term of this Charter and shall commence on July 1and conclude on June 30.
State of Financial Any financial audits that reveal a state of financial emergency as defined in §218.503, F.S., and are conducted by a certified public accountant or auditor in accordance with §218.39, F.S., shall be provided to the Governing Board of the School within seven (7) working days after finding that a state of financial emergency exists. The School’s auditor shall report such findings in the form of an exit interview to the Chief Administrator/Principal of the School, the Chair of the Governing Board, the Sponsor’s Chief Financial Officer, and the Sponsor’s charter schools support personnel within seven (7) working days after finding the state of financial emergency or deficit position. Pursuant to
1002.33(7)(a)(10) F.S., the final audit report shall be provided to the entire Governing Board, the Sponsor and the Department ofEducation within fourteen (14) working days after the exit interview.

Financial Recovery * If the School is found to be in a state of financial emergency by a certified public accountant or auditor, the School must file a detailed Financial Recovery Plan with the Sponsor within thirty (30) days after receipt of the audit. Failure to timely submit a Financial Recovery Plan following a finding of financial emergency constitutes good cause to terminate this Charter. The Financial Recovery Plan submitted by the School to the Sponsor in response to a finding of financial emergency pursuant to §218.503, F.S., must address the specific audit findings and must also show how the School will meet its current and future obligations and be a financially viable entity within the time period specified in the approved Financial Recovery Plan.

Each Financial Recovery Plan will be prepared in accordance with guidelines established by the Florida Department of Education and shall prescribe actions that will resolve or prevent the condition(s) that constitute a financial emergency. The Financial Recovery Plan must specify dollar amounts or cost cuts, cost avoidance, and/or realistic revenue projections that will allow the School to correct the condition(s) that caused the School to be found in a state of financial emergency. The Financial Recovery Plan must include appropriate supporting documentation. The Financial Recovery Plan will be subject to review and oversight.

The Commissioner of Education may require and approve a Financial Recovery Plan pursuant to §218.503, F.S. In such instances, the School’s Governing Board shall be responsible for implementing any Financial Recovery Plan.

In the event of a finding of financial emergency and submission of an acceptable Financial Recovery Plan pursuant to §218.503, F.S., the School shall provide periodic financial reports to the School’s Governing Board and the Sponsor in a format sufficient to monitor progress toward achieving the goals of the Financial Recovery Plan. Failure to provide such periodic progress reports may constitute good cause for termination of this Charter. The Sponsor may choose to non-renew or terminate this Charter if the School fails to correct the deficiencies in a Financial Recovery Plan within one (1) year or if the School exhibits one (1) or more financial emergency conditions for two (2) consecutive years. Ifany Financial Recovery Plan submitted by the School is deemed unacceptable by the Sponsor or is not properly implemented, such conditions shall be a material violation of this Charter and constitute good cause for its termination by the Sponsor.

Deteriorating Financial In the event the Sponsor identifies the School as having a deteriorating financial condition as defined by §1002.345, F.S., the Sponsor shall conduct an expedited review of the School, and the School and the Sponsor shall develop and file a Corrective Action Plan with the Florida Commissioner of Education in accordance with
1002.345, F.S.

4.F.7.1 Corrective Action Plans. The Governing Board of the School shall be responsible for performing the duties in §1002.345, F.S., including implementation of a Corrective Action Plan. Ifany Corrective Action Plan submitted by the School is deemed unacceptable by the Sponsor or is not properly implemented, such conditions shall be a material violation of this Charter and constitute good cause for its termination by the Sponsor. The Sponsor may choose to non-renew or terminate this Charter if the

School fails to correct the deficiencies in a Corrective Action Plan within One (1) year. The School and Sponsor’s Financial Recovery Committee will conduct quarterly meetings to monitor progress upon any Corrective Action Plan.

Other Government The School shall provide to the Sponsor copies of all reports required to be filed with the Government of the United States and the State of Florida no later

than one (1) month after the due dates for such

Fiscal The parties agree that the Sponsor, upon ten (10) days notice, may request at any time and the School shall provide, documents, including releases, on the School’s financial operations beyond the monthly reports required by this Charter. Such reports shall be in addition to those required elsewhere in this Charter and be signed and approved by the chair of the School’s Governing Board.

Financial Management of * The School shall conduct fiscal management of the School’s operations in accordance with the School’s governing by-laws and rules, the provisions of this Charter, and the School’s approved application (Appendix 1).
Description of Internal Audit * The School shall implement the internal audit procedures described in the School’s governing by-laws and rules, the provisions of this Charter, and the School’s approved application (Appendix 1).

Section 5: FACILITIES

Facility Notification and * The School shall comply with the provisions of this section governing facility notification and inspection.
- Deadline to Secure * The School will notify the Sponsor of the location of the School no later than thirty (30) days before the initial opening day of classes. If the School does not provide such notification thirty (30) days before the initial opening day of classes, this Charter shall terminate without the necessity of notice from or action by the Sponsor. In the alternative, the School may submit a written request to Sponsor no less than sixty (60) days before the initial opening day of classes to elect to use Year One (1) of this Charter as a planning year.
- Deadline to Submit Zoning Approvals and Certificate of * The School will present proof of the appropriate facility certification (including all certificates of occupancy and/or certificates ofuse that are required by applicable building codes) to the Sponsor no less than thirty (30) days before the initial opening day of classes. If the School does not have the appropriate certification by that time, this Charter shall terminate without the necessity of notice from or action by the Sponsor. In the alternative, the School may submit a written

request to Sponsor no less than sixty (60) days before the initial opening day of classes to elect to use year one (1) of this Charter as a planning year.

District Inspection of * The School will be responsible for providing or hiring companies to perform inspections as required and forwarding results to the Sponsor. All facilities, including leased facilities, must be inspected annually by the local fire authority having jurisdiction. The Sponsor shall conduct annual site visits for the purpose of reviewing and documenting, as appropriate, compliance with applicable health and safety requirements. Other inspection agencies may include, without limitation: the Department of Children and Family Services to do inspections of the kitchens and related spaces, and the Department of Labor and Employment to inspect for OSHA compliance. The School must show proof of the annual inspections at least thirty (30) days prior to the first day of operations.

Compliance with Building and Zoning * The School shall comply with the following:
- Florida Building Code.* The School agrees to use facilities that comply with the Florida Building Code pursuant to 1013.37, F.S., or with applicable state minimum building codes pursuant to Chapter 553, F.S., except as otherwise provided for under the requirements of the State Requirements for Educational Facilities (SREF).
- Florida Fire Prevention Code.* The School agrees to use facilities that comply with the

state minimum fire protection codes pursuant to §633.025, F.S., as adopted by the authority in whose jurisdiction the facility is located, including reference documents, applicable state and federal laws and rules.

04 21 20l5 CONTRACI’ llcnlthy I.earning Academy 2nd Renewal 21115 2112.’i lld Approved 28

Applicable Laws, Ordinances and Codes of Federal, State and Local Governance.* The School shall comply with all applicable laws, ordinances, and codes of federal, state, and local governance, including the ADA, and Section 504 of the Rehabilitation The School shall obtain all necessary licenses, permits, zoning, use approval, facility certification, and other approvals required for use and continued occupancy of the facility as required by the local government or other governmental agencies, and copies shall be provided to the Sponsor.
Capacity of Facility.* At no time will the enrollment exceed the number of students approved in this Charter, the School’s Application (Appendix 1) or permitted by approved facility capacity and all applicable laws and The School shall not be entitled to monthly payments for students in excess of the School’s enrollment capacity and the School facility’s valid capacity as determined by the School’s Certificate of Occupancy, Certificate of Use or Fire Permit (whichever is less). Payments may be withheld if the School’s Certificate of Occupancy, Certificate of Use or Fire Permit has expired or has otherwise become invalid. In the event that the required county and/or municipality facility permits do not indicate a facility capacity, the School must submit a letter from the architect of record certifying the capacity of the facility.

* The School shall provide the Sponsor a list of the facilities to be used and their locations and folio numbers within thirty (30) days prior to the first day of operations. The School agrees to provide the Sponsor with documentation regarding the School’s property interest (as owner or lessee) in the property and facility where the School will operate. Ifthe School does not own the property and facility, the School must show proof of a signed lease at least thirty (30) days prior to the first day of operations. For leased properties, the School shall obtain from the landlord, and provide to the Sponsor, an affidavit indicating the method by which the landlord is complying with the requirements of §196.1983, F.S., regarding charter school exemption from ad valorem taxes. Lessor and Lessee shall provide the Sponsor with a disclosure affidavit in accordance with §286.23, F.S.
- School’s Street * The School will be located at 13505 West Newberry Road, Jonesville, FL 32669.
- Temporary * The School may only use a temporary facility when the facilities approved within this Charter are temporarily not suitable for student use under all applicable laws, ordinances, and codes of federal, state, and local governance. Approved use of a temporary facility for a period of more than sixty (60) days will require the amendment of this Charter by the parties.
- * The School shall notify the Sponsor no less than ninety (90) days prior to any relocation. Any such relocation must be mutually agreed upon by both parties through the amendment of this Charter.
- Additional * The development by the School of additional campuses shall not be permitted under this Agreement. In the event that the School desires to construct and develop any additional campuses, the School shall be required to apply for and obtain a separate charter from Sponsor for each such new campus.
- Shared Use of a Facility with Other The School shall disclose to the Sponsor the identity of any entity, school or charter school with which it will share the facility or space or share any temporary facility during the term of this Charter. At no time will the total enrollment of all the schools sharing any such facility exceed the Certificate of Occupancy, Certificate of Use or Fire Permit capacities of the facility.
Prohibition to Affix Religious or Partisan Political Symbols, Statutes, Artifacts on or About the * The School agrees that it will not affix any religious or partisan political symbols, statues, artifacts, etc., on or about the property and facilities where the School will operate.

5.E. Specific Requirements for Conversion Charter Schools or Schools Using a District-Owned Facility.* [Not Applicable]

Additions, Changes & The School must provide notice to the Sponsor of any proposed material additions, changes and renovations to be made to the educational facilities described in the original proposal. Such additional changes or renovated facilities may not be utilized for student activities until the Sponsor is provided copies of certificates of occupancy issued for such facilities and [if applicable] written approval obtained from the local Traffic Engineering Department as to traffic control and pedestrian travel associated with said facilities. A “material addition, change or renovation” is defined as any improvement to real property that alters the square footage of the educational facility.
Disaster Preparedness The School shall adopt a Disaster Preparedness Plan and send a copy of the plan to the Sponsor.

Section 6: TRANSPORTATION

Cooperation Between Sponsor and School.* The Sponsor will cooperate with the School in transporting students from within its closest elementary school zone and the School, in conjunction with the Sponsor’s regular bus schedule. The Sponsor’s buses will operate on designated school days

in the morning and afternoon at their regular times. Students who live less than two (2) miles from the School will not be transported by the Sponsor.

Provision of Transportation by the School. The School shall be responsible for transporting all students in a non-discriminatory manner to and from the School who reside two (2) or more miles from the School and are within a reasonable distance of the School, or who otherwise are entitled to transportation by Any brochure, flyers or other multi-media and telecommunications information furnished/published by the School shall communicate that the School will provide transportation and the manner in which it will be made available to the School’s students.

The School may transport itself or through a contract with the Sponsor or with a Sponsor approved private transportation firm. If the School contracts with a Sponsor-approved private transportation firm, the School will provide to the Sponsor the name of such firm as part of the School’s final transportation plan. If the School transports itself or contracts with a private transportation firm , the School will submit to the Sponsor FTE surveys as required by FDOE, and will receive its proportionate State transportation categorical funds.

Homeless The School acknowledges that the McKinney-Vento Homeless Assistance Act (42 U.S.C. Section 11431, et. seq.) requires that each child ofa homeless individual and each homeless youth be afforded equal access to the same free, appropriate public education as provided to other children and youths. At the request of the parent or guardian, the School will provide transportation for a homeless student.
Students With The School shall provide transportation for students with disabilities enrolled in the School if required in the student’s IEP.
The rate of reimbursement to the School by the Sponsor for transportation will be equivalent to the reimbursement rate provided by the State of Florida for all eligible transported students.

6.8. Reasonable Distance.* The parties agree that transportation shall not be a barrier to equal access for any student residing within a reasonable distance of the school. For purposes of this Charter, “residing within a reasonable distance” shall mean residing within the regular transportation zone, as determined by the Sponsor, of the Sponsor’s elementary school which is closest to the School. [Ref.:§ 1002.33{20){c), F.S.J

6.C. Transportation Safety Compliance.* The School shall demonstrate compliance with all applicable transportation safety requirements. Unless it contracts with the Sponsor for the provision of student transportation, the School is required to ensure that each school bus or other vehicle transporting the

School’s students meets applicable federal motor vehicle safety standards and other specifications. The School agrees to monitor the status of the drivers licenses of each school bus driver employed or hired by the School (hereafter “School Bus Drivers”) unless it contracts with Sponsor to provide such services. The School will provide the Sponsor annually a list of all its School Bus Drivers, with license numbers, current license status and license expiration dates, and will notify the Sponsor as changes occur.

Section 7: INSURANCE & INDEMNIFICATION

Indemnification of Sponsor by * Nothing contained in this Charter is intended to serve as a waiver of sovereign immunity of any rights or limits to liability provided by §768.28, F.S. To the extent permitted by law under §768.28, F.S., the School agrees to indemnify and hold harmless the Sponsor,

its members, officers, employees and agents, harmless from any and all claims, actions, costs, expenses, damages, and liabilities, including reasonable attorney’s fees, arising out of, connected with or

resulting from:

the negligence, intentional wrongful act, misconduct or culpability of the School or of the School’s employees or other agents in connection with and arising out of their services within the scope of this Charter;
the School’s material breach of this Charter or applicable federal or state law;

any failure by the School to pay its employees, contractors, suppliers, subcontractors, or any other creditors;
any failure by School to correct deficiencies found in casualty, safety, sanitation and fire safety inspections;
the failure of the School’s officers, directors or employees to comply with any laws, statutes, ordinances or regulations of any governmental authority or subdivision that apply to the operation of the School or the providing of educational services set forth in this However, the School shall not be obligated to indemnify the Sponsor against claims, damages, expenses or liabilities to the extent these may result from the negligence of the Sponsor, its members, officers, employees, subcontractors or others acting on its behalf;
any professional errors or omissions, or claims of errors or omissions, by the School employees, agents, or by the School’s Governing Board; or
any actual or alleged infringement of patent or other proprietary rights in any material, process, machine or appliance used by the

However, the School shall not be obligated to indemnify the Sponsor against claims, damages, expenses or liabilities to the extent these may result from the negligence of the Sponsor, its directors, officers, employees, subcontractors, or others acting on its behalf other than the School, its directors, officers, employees, subcontractors and suppliers.

7.A.1. Defense of Claims against the Sponsor. The School agrees to defend any and all such action using competent counsel, selected by the School, subject to Sponsor’s approval, which shall not be unreasonably withheld.

Indemnification of School by * Nothing contained in this Charter is intended to serve as a waiver of sovereign immunity of any rights or limits to liability provided by §768.28, F.S. To the extent permitted by law under §768.28, F.S., the Sponsor agrees to indemnify, defend and hold the School, its members, officers, employees and agents harmless from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorney’s fees, arising out of, connected with or resulting from:

the negligence, intentional wrongful act, misconduct or culpability of the Sponsor or of the Sponsor’s employees or other agents in connection with and arising out of their services within the scope of this Charter;
the Sponsor’s material breach of this Charter or applicable federal or state law;
any failure by the Sponsor to pay its suppliers or any subcontractors;
the failure of the Sponsor’s officers, directors or employees to comply with any laws, statutes, ordinances or regulations of any governmental authority or subdivision that apply to the operation of the School or the providing of educational services set forth in this However, the Sponsor shall not be obligated to indemnify the School against claims, damages, expenses or liabilities to the extent these may result from the negligence of the School, the School’s Governing Board members, officers, employees, subcontractors or others acting on the School’s behalf; or
any professional errors or omissions, or claims of errors or omissions, by the Sponsor’s employees, agents, or School Board

7.B.1. Defense of Claims against the School. The Sponsor agrees to defend any and all such action using competent counsel, selected by the Sponsor, subject to School’s approval, which shall not be unreasonably withheld.

Sovereign * Notwithstanding anything herein to the contrary, neither party waives any of its sovereign immunity, and any obligation of one party to indemnify, defend or hold harmless the other party as stated above shall extend only to the limits, if any, permitted by Florida law, and shall be subject to the monetary limitations established by §768.28, F.S. Nothing herein shall be deemed to be

a waiver of rights or limits to liability existing under §768.28, F.S.

Acceptable * Insurers providing the insurance required of the School by this Charter must meet the following minimum requirements:

Be authorized by certificates of authority from the Department of Insurance of the State of Florida, an eligible surplus lines insurer under F.S., or be an authorized insurance trust as approved by the Florida Office of Insurance Regulation, with acceptable financials as defined in §163.01 of the F.S. In addition, the insurer must have a Best’s Rating of “A-” or better and a Financial Size Category of “VI” or better according to the latest edition of Best’s Key Rating Guide, published by A.M. Best Company, within thirty (30) days of certificate issuance.

If, during the period when an insurer is providing insurance required by this Charter, an insurer shall fail to comply with the foregoing minimum requirements, the School shall, as soon as it has knowledge of any such failure, immediately notify the Sponsor and immediately replace the insurance with new insurance from an insurer meeting the requirements. Such replacement insurance coverage must be obtained within twenty (20) days of cancellation or lapse of coverage.

Comprehensive General Liability * The School shall, at its sole expense, procure, maintain and keep in force Comprehensive General Liability Insurance which shall conform to the following requirements:
- Liabilities * The School’s Commercial General Liability Insurance shall cover the School for those sources ofliability (including, but not limited to, coverage for Premises Operations, Products/Completed Operations, Contractors, and Contractual Liability) which would be covered by the latest occurrence form edition of the standard Comprehensive General Liability Coverage Form (ISO form CG 00 01), as filed for use in the State of Florida by the Insurance Services Office.
- Minimum Limits.* The minimum limits to be maintained by the School (inclusive of any amounts provided by an umbrella or excess policy) shall be one million ($1,000,000) dollars per occurrence/ two million ($2,000,000) dollars annual

Deductible/Retention.* Except with respect to coverage for Property Damage Liability, the Comprehensive General Liability coverage shall apply on a first-dollar basis, without application of any deductible or self-insured retention. The coverage for Property Damage Liability may be subject to a maximum deductible or self-insured retention of One Thousand Dollars ($1,000) per
Occurrence/Claims .* Subject to reasonable commercial availability, coverage shall be on an occurrence Ifon a claims-made basis, the School shall maintain without interruption the Liability Insurance until four (4) years after termination of this Charter.
Additional Insureds.* The School shall include the Sponsor and its members, officers, employees and agents as “Additional Insured” on the required Liability Insurance. The coverage afforded for such Additional Insured shall be no more restrictive than that which would be afforded by adding the Sponsor as Additional Insured using the latest Additional Insured – Owners, Lessees or Contractors (Form B) Endorsement (ISO Form CG 20 10). The certificate of insurance shall be clearly marked to reflect “The School Board of Alachua County, its members, officers, employees and agents as Additional Insured [reference Additional Insured form number].”

Automobile Liability Insurance.* The School shall, at its sole expense, procure, maintain and keep in force Automobile Liability Insurance which shall conform to the following requirements:
- Liabilities * The School’s insurance shall cover the School for Automobile Liability which would be no less restrictive than the latest occurrence edition of the standard Business Auto Policy (ISO Form CA 00 001) or equivalent, which includes coverage for Contractual Liability, as filed for Sponsor in the State of Florida by the Insurance Services Office. Coverage shall be included on all Owned, Non-Owned and Hired automobiles, buses and other vehicles used in connection with this Charter. In the event the School does not own any vehicles, hired and non-owned coverage in the amounts listed above will be acceptable. In addition, the School will provide to the Sponsor an affidavit signed by the School indicating the following: The School does not own any vehicles. In the event the School acquires any vehicles throughout the term of this Charter, the School agrees to provide proof of “Owned Auto” coverage, effective date of acquisition.
- Occurrence/Claims.* Subject to reasonable commercial availability, coverage shall be on an occurrence Ifon a claims made basis, the School shall maintain, without interruption, the Automobile Liability Insurance until Four (4) years after termination of this Charter.
- Minimum Limits.* The minimum limits to be maintained by the School (inclusive of any amount provided by an umbrella or excess policy) shall be one million ($1,000,000) dollars per occurrence, two million ($2,000,000) dollars annual
- Additional * The School shall include the Sponsor and its members, officers, employees and agents as “Additional Insureds” on the required Liability Insurance. The certificate of insurance shall be clearly marked to reflect “The School Board of Alachua County, its members, officers, employees and agents as Additional Insureds [reference Additional Insured form number].”

7.F.S. Coverage Form. Such coverage shall not be any less restrictive than the standards ISO Business Auto Policy CA 00 01.

Workers Compensation/Employer’s Liability.* The School shall, at its sole expense, provide” maintain and keep in force Workers’ Compensation and Employer’s Liability Insurance which shall conform to the following requirements:
- * The School’s insurance shall cover the School (and its subcontractors and its sub-subcontractors) for those sources ofliability which would be covered by the latest edition of the Standard Workers’ Compensation Policy, as filed for use in Florida by the National

Council on Compensation Insurance, without restrictive endorsements. In addition to coverage for the Workers’ Compensation Act, where appropriate, coverage is to be included for any other applicable federal and state law.

Minimum * Subject to the restrictions found in the Standard Workers’

Compensation Policy, there shall be no maximum limit on the amount of coverage for statutory liability imposed by the Florida Workers’ Compensation Act or any coverage customarily insured under Part One of the Standard Workers’ Compensation Policy. The minimum amount of coverage for those coverages customarily insured under Part Two – Employer’s Liabilit;y of the Standard Workers’ Compensation Policy (inclusive of any amounts provided by any umbrella or excess policy) shall be one million ($1,000,000) dollars per occurrence, and two million ($2,000,000) dollars annual aggregate. Coverage is required to be first dollar with no deductible. In the event that the School leases employees, it shall provide certified proof that the corporation from which it leases service maintains appropriate Workers’ Compensation coverage.

School Leader’s Errors and Omissions * Subject to reasonable commercial availability, the School shall, at its sole expense, procure, maintain and keep in force the School Leader’s Errors and Omissions Liability Insurance which shall conform to the following requirements:
- Form of * The School Leader’s Errors and Omissions Liability Insurance maintained by the School shall be on a form acceptable to the Sponsor and shall cover the School for those sources ofliability typically insured by School Leader’s Errors & Omissions Insurance for claims arising out of the rendering of or failure to render professional services in the performance of this Charter, including all provisions of indemnification which are part of this Charter. Ifthe School Leader’s Errors and Omissions liability insurance is not reasonably commercially available, the School shall provide Directors and Officers and Educational Professional Liability Insurance in lieu thereof, with the same minimum limits of coverage as set forth below.
- Coverage * The insurance shall be subject to a maximum deductible not to exceed twenty-five thousand ($25,000) dollars per claim and the School shall be held responsible for any loss payments within the deductible. The minimum limits to be maintained by the School (inclusive of any amounts provided by an umbrella or excess policy) shall be one million ($1,000,000) dollars per claim/two million ($2,000,000) dollars annual aggregate.
- Occurrence / * Subject to reasonable commercial availability, coverage shall be on a claims- made basis, and the School shall maintain, without interruption, the Errors and Omissions Insurance until four (4) years after termination or non-renewal of this Charter.
- Fidelity Bond / Crime Coverage.* The School shall purchase Employees Dishonesty /Crime Insurance for all Governing Board members and employees, including Faithful Performance coverage for the School’s administrators/principal and Governing Board with an insurance carrier authorized to do business in the State of Florida and coverage shall be in the amount of no less than five hundred thousand ($500,000) dollars per In lieu of Employee Dishonesty /Crime Insurance, Sponsor is willing to accept Fidelity Bond coverage of equal coverage amount.

7.1. Property Insurance.* The School agrees to obtain and maintain hazard insurance coverage for its own buildings and contents and agrees to provide proof of such insurance and its renewals to the Sponsor. The School agrees to insure any real property that it owns or leases at replacement cost coverage based on current total insured values. The deductible shall not be greater than five percent (5%) of the Total Insured Value (TIV).

Applicable to All Coverages.* The following provisions are applicable to all insurance coverages required under this Charter:

Other Coverages.* The insurance required under this Charter shall be endorsed to be primary of all other valid and collectable
Deductibles/Retention. * Except as otherwise specified in this Charter, the insurance maintained by the School shall apply on a first-dollar basis without application of a deductible or self-insurance
Liability and * Compliance with the insurance requirements of this Charter shall not limit the liability of the School, its subcontractors, its sub-subcontractors, its employees or its agents to the Sponsor or others. Any remedy provided to the Sponsor or its members, officers, employees or agents by the insurance shall be in addition to and not in lieu of any other remedy available under this Charter or otherwise.
* The School shall require its subcontractors and sub-subcontractors to maintain any and all insurance required by law. Except to the extent required by law, this Charter does not establish minimum insurance requirements for subcontractors or sub subcontractors. However, the Sponsor will rely on the School to monitor and notify its subcontractors and their sub-subcontractors to confirm coverage is in force for the duration of the subcontractor/sub-subcontractor contract and have certificates of insurance on file to provide historical documentation should a claim occur that has not yet been reported to the School.
Provision for Cure.* The School shall cure any non-compliance with this Article 7 of the Charter within ninety (90) days of the School’s receipt from the Sponsor of written notice of the non-compliance.
Default upon Non-Compliance.* The School shall be in default of this Charter should it fail to procure, maintain and keep in effect the insurance coverages required Lapse of insurance coverage as described in this Charter will be considered good cause for recommendation of termination of this Charter.
Evidence Without limiting any of the other obligations of the School, the School shall, at the School’s sole expense, procure, maintain and keep in force the amounts and types of insurance conforming to the minimum requirements set forth in this Charter. The School shall provide evidence of such insurance in the following manner:
- Time to Submit. The School shall provide to the Sponsor fully completed Certificate(s) oflnsurance, signed by an authorized representative of the insurer(s), providing the coverages. Except as otherwise specified in this Charter, the insurance shall commence prior to the commencement of the opening of the School and shall be maintained in force, without interruption, until this Charter is Evidence of insurance shall be provided by the School to the Sponsor before the initial opening day of classes. The School shall furnish the Sponsor with fully completed Certificate(s) oflnsurance, signed by an authorized representative of the insurer(s) providing the coverage, four (4) weeks prior to the initial opening day of classes for each school year. The certificates shall name the Sponsor as an Additional Insured if required by specific provisions of this Charter addressing that form of insurance.
- Notice of School shall provide notification to Sponsor by overnight delivery return receipt requested, hand-delivery or confirmed facsimile [to (352) 955- 7235] no less than three (3) days before giving, or within three (3) days after receiving, any notice of cancellation, modification, non-renewal or other lapse in coverage of required insurance policies.
- Renewal/Replacement. Until such time as the insurance is no longer required to be maintained by the School, the School shall provide to the Sponsor evidence of the renewal or replacement of the insurance no less than thirty (30) days before the expiration or termination of the required insurance for which evidence was

04 21 2015 CONTRACr llcal1hy I.earning Academy 2nd Renewal 21115 21125 lid Approved 35

Pre-Charter Submission of Notwithstanding any other provision contained herein, the School may submit evidence of insurance prior to approval of this Charter substantially similar to the insurance provisions set forth in this section and subject to Sponsor’s approval.

Approval by Neither approval by the Sponsor nor failure to disapprove the insurance furnished by the School shall relieve the School of the School’s full responsibility to provide the insurance as required by this Charter.
Combined Services Combined services coverage under this Charter shall be permitted, subject to approval by the Sponsor’s Insurance and Benefits Department.
Changes in Insurance Coverage. The School must notify Sponsor of any contemplated material changes in insurance

Notice of The School and the Sponsor shall notify each other of the existence of any third party claim, demand or other action giving rise to a claim for indemnification under this Charter (a “Third Party Claim”) and shall give each other a reasonable opportunity to defend the same at its own expense and with its own counsel, provided that if the School or Sponsor shall fail to undertake or to so defend, the other party shall have the right, but not the obligation, to defend and to compromise or settle (exercising reasonable business judgment) the Third Party Claim for the account and at the risk and expense of the School or Sponsor, which they agree to assume. The School and Sponsor shall make available to each other, at their expense, such information and assistance as each shall request in connection with the defense of a Third Party Claim.
Indemnity for Professional The School’s duty to indemnify the Sponsor for professional liability as insured by the School Leaders Errors and Omissions policy described in this Charter shall continue in full force and effect notwithstanding the expiration, non-renewal or early termination of this Charter with respect to any claims based on facts or conditions which occurred prior to termination. The School’s Errors and Omissions limitation on post-termination claims of professional liability shall not impair the Sponsor’s claims to indemnification with respect to a claim for which the School is insured or for which the School should have been insured under Commercial General Liability Insurance, Automobile Liability Insurance or Employer’s Liability Insurance.
Indemnity for Certain Specified The School shall also indemnify, defend and protect and hold the Sponsor harmless against all claims and actions brought against the Sponsor by reason of any actual or alleged infringement of patent or other proprietary rights in any material, process, software, machine or appliance used by the School, any failure of School to comply with provisions of the Individuals with Disabilities Education Improvement Act (IDEIA), including failure to provide a Free Appropriate Public Education (FAPE) to an enrolled student or failure to furnish services provided for in a student’s Individual Education Plan (IEP), and any violation by School of the state’s public records or open meetings laws.

Section 8: GOVERNANCE

Public or Private * Pursuant to §1002.33(12)(i), F.S., the School is operating as a private employer.
Governing Board Responsibilities .* The School’s governing body shall be made up of its Governing The Governing Board of the School shall be responsible for all fiduciary, legal and regulatory compliance issues and shall perform all duties set forth in the School’s approved application (Appendix 1) and the following duties and responsibilities:
- Annually adopt and maintain an operating budget and submit its approved budget to the Sponsor by March 31 of each year, along with a copy of the minutes of the meeting showing approval of the budget by the Governing Board;
- Retain the services of a certified public accountant or auditor for the annual financial audit, who shall submit the report to the Governing Board;

04 21 2015 CONTRACT llea!thy I.earning Academy 2nd Renewal 2015 202’i Ud Approved 36

Review and approve the audit report, including audit findings and recommendations for the financial recovery plan;
Monitor a financial recovery plan in order to ensure compliance, ifapplicable;
Establish, define, refine and oversee the School’s educational philosophy, operational policies and procedures, academic accountability procedures, and financial accountability procedures and ensure that the School’s student performance standards are met or exceeded;
Exercise continuing oversight of the School’s operations;
Report its progress annually to the Sponsor, which shall forward the report to the Commissioner of Education at the same time as other school accountability reports, in accordance with
1002.33(9)(k), F.S.;
Participate in Governance Training approved by the Department of Education that must include government in the sunshine, conflicts of interest, ethics, and financial responsibility;
Make full disclosure of the identity of all relatives employed by the School in accordance with
1002.33(7)(a)18, F.S.;
Adopt policies establishing standards of ethical conduct for instructional personnel and School administrator in accordance with 1002.33(12)(g)3, F.S.;
Make all required financial disclosure ifthe school is operated by a municipal corporation or other public entity under 112.3144, F.S.;
Comply with the standards of conduct set out in §112.313(2), (3), (7), and (12), and 112.3143(3), F.S.;
Avoid all conflicts of interest, including, but not limited to, being employed by, owning, or serving on the Governing Board of any entity which contracts with the School;
Demonstrate financial competence and adequate professional experience;
Recommend student expulsions to the Sponsor;
Determine in conformance with law and the terms of this Charter the rules, and regulations needed for the effective operation and general improvement of the School;
Be held accountable to the School’s students, parents/guardians, and the community at large, through a continuous cycle of planning, evaluation, and reporting as set forth in Florida’s charter school laws;
Be responsible for the overall policy decision making of the School, in consultations with the School’s staff, including the approval of the curriculum and the annual budget;
Serve as the fiscal agent for the School and be involved from the School’s inception in all policy matters pursuant to the provisions of the corporation’s bylaws; and
Comply with State Board Rule 6A-6.0784, FAC, relating to Governance Training and fulfill all applicable Governance Training
- Public * The School will comply with §1002.33(16)(b)(2), F.S., relating to public records. The public shall be provided reasonable access to the School’s records in accordance with the provisions of this Charter and §119.07, F.S.
- Reasonable Access to Records by * The School agrees to allow reasonable access to its facilities and records to duly authorized representatives of the Sponsor. Conversely, the Sponsor agrees to allow reasonable access to its records to duly authorized representatives of the School to the extent allowable by law. Failure to provide such access will constitute a material breach of this Charter and good cause for its termination.

Sunshine Law.* To ensure that parents/guardians will have ready access to the governance of the School, meetings of the Governing Board will be open to the public in accordance with §286.011, S., unless confidentiality is required by law. The Governing Board will provide reasonable public notice of the date, time, and place of its meetings and will mainta i n at the School’s site detailed minutes of its meetings, which shall be regularly scheduled. Such meetings will be open to the public, and the

minutes shall be ava ilable for pu bl ic review. The School’s Governing Board will publish a calendar on its website that contains a schedule of all Governing Board meetings for the school year, includ ing the date and time of the meetings and the locations.The School agrees to hold meetings of its Governing Board within Alachu a County, Florida and at least once a quarter during the school year. The School shall provid e the parents, in writing, the process for placing an item on the agenda for the meetings of the School’s Governing Board. A signed copy of the minutes will be on file at the School’s site for

review and a copy will be forwarded to the Sponsor.

Reasonable Notice to Sponsor of Governing Board * The Governing Board will provide to the Sponsor reasonable notice of the date, time, and place of its meetings. The School’s Governing Board meeti ngs shall take place locally and in a physical location and facility that is easily accessible to the Sponsor and to the School’s parents, students and employees, be publicized in advance to the School community and be open to the public pursuant to §286.011, F.S. (the Sunshine Law). Parents/Guard ians shall be encouraged to attend. The School will provide reasonable notice to the Sponsor of any changes or cancellation of scheduled meetings of its Governi ng Board, to the extent practical. The School will provide to the Sponsor a copy of the minutes of each meeting of the School’s Governing Board within ten (10) days of each such meeting.
Identification of Governing Board * The selection of the School’s Governing Board members and officers shall be as set forth in the School’s approved application (Appendix 1) or in School’s by-laws if su ch are adopted subsequent to the submission of Appendix 1. The School’s

Governing Board will include only local representatives who are permanent residents of Florida, which may include parents/guardians and professionals qualified to support the educational and moral development of the School’s students. No employee of the School, employee of one of the School’s Education Services Provider (ESP) compani es, or family member of an employee of one of the School’s ESP companies may serve as a member of the School’s Governing Board. The Governing Board cannot delegate its responsibility to the Sponsor to any other agency, Education Services Provider (“ESP”) company or other contracted service provider. The School shall provide to the parents of its students and to the Sponsor, in writing, the names of the members of the School’s Governing Board and a means by which they may be contacted.

Changes in Governing * The names of the Governing Board Members and the School’s Chief Administrator/Principal must be held current at all times, and the Sponsor shall be notified

immediately of any changes. The procedures for the replacement of Governing Board members shall be set forth in the Govern ing Board’s By-Laws. The replacement of the initial Governing Board

members must be done in staggered terms to ensure continuity in leadership and oversight. Members of the School’s organizing group who are not serving on the School’s Governing Board are not allowed to vote for Governing Board mem bers or approve changes to the School’s Articl es or By-Laws.

8.1. Background Screening of Governing Board Members and Chief Administrator. Members of the Governing Board of the School and its Chief Administrator shall also be fingerprinted at their cost in a manner similar to that provided in §1012.32, F.S., within ten (10) days of their appointment and, if initial members of the Governing Board, prior to approval of this Charter. Any person serving in any capacity with the School or its Governing Board must meet Level 2 screening requirements as described in §1012.32, F.S. Fingerprints shall be submitted to the Florida Department of Law Enforcement for state processing and the Federal Bureau of Investigations for federal processing. The results of all fingerprint reports shall be provided to the Sponsor. All associated costs related to fingerprints are the sole responsibility of the School.

The School agrees that new Governing Board members and its Chief Administrator shall be on probationary status pending fingerprint processing and determination of compliance with standards of good moral character. Potential Governing Board members or Chief Administrators of the School shall submit official court dispositions for criminal offenses of moral turpitude listed as part of their fingerprint results. The School agrees that it will not appoint Governing Board members or Chief Administrators whose fingerprint check results reveal non-compliance with standards of good moral

character or a conviction of any offense listed in §1012.315, F.S. The School shall not allow any person to serve on its Governing Board or as its Chief Administrator who has been convicted of a crime of moral turpitude.

Non-Profit As stated in the School’s Application (Appendix 1) and as required by
1002.33(12)(0, F.S., the School has been organized as a Florida non-profit organization. Voting shall control the non-profit organization, and only the School’s Governing Board shall vote. The School shall at all times operate as a non-profit organization and shall annually provide proof to the Sponsor of the School’s status as a non-profit organization. Such status shall not be permitted to lapse, be revoked or terminate. Failure to comply with this section will constitute a material violation of this Charter and good cause for its termination by the Sponsor.
Compliance with Applicable Ethical Members of the School’s Governing Board cannot be employees of the School. Members of the School’s Governing Board shall not receive financial benefit from the School’s operations including, without limitation, the receipt of any grant funds. A violation of this provision shall constitute a material breach of the Charter.

All members of the School’s Governing Board shall comply with §§ 112.313(2), (3), (7) and (12), and 112.3143, F.S., and other applicable portions of the Code ofEthics for Public Officers and Employees. The Governing Board Chair shall annually provide to the Sponsor a statement confirming that:

No Member of the School’s Governing Board, acting in his/her private capacity, has sold services directly or indirectly to the School;
No spouse, parent, child, stepchild, sibling, or employee of any Board Member serves as a member of the School’s Governing Board;
No Member of the School’s Governing Board is an employee of the School or of the Education Services Provider (“ESP”) company, if any, operating the School; and
No member of the School’s Governing Board has received compensation, directly or indirectly from the School’s

A violation of any of the foregoing provisions shall constitute a material breach of this Charter and good cause for its termination.

Bonding of School The officers, directors, and employees of the School who have the authority to receive and expend funds on behalf of the School shall be bonded to the same degree as officers and employees of the Sponsor. All bonds shall run to the School, the not-for-profit organization, and the Sponsor, and shall be on file for inspection at all times.
School’s Chief Administrator/Principal. The duties of the School’s Chief Administrator/ Principal shall be as set forth in the School’s approved application (Appendix ). The teachers, support, and contractual staff of the School will be directly supervised by the Principal or other on-site administrator.
Notification of Proper If,after adopting the budget, a member of the Governing Board in his/her obligated diligence believes that any other member of the Governing Board or any vendor, vendor’s employee, Education Service Provider (“ESP”) company, or ESP company agent or employee is directly responsible or wrongfully advises the members of the Governing Board to expend monies not detailed in the budget or not available because of other necessary expenses or limitation of funds, that Governing Board member should immediately notify the Sponsor, the Florida Department of Education, and, ifdeemed proper, the Attorney General, or any other proper authority.

Section 9: EDUCATION SERVICES PROVIDER

As of the date of this Charter, the School does not intend to use an Educational Services Provider (ESP). If, during the term of this Charter, the School wants to utilize the services of an ESP, the School will first submit a proposal to the Sponsor for its review and approval, and the parties will then amend this Charter.

Section10: HUMAN RESOURCES

Hiring * The parties to this Charter agree that the School shall select its own employees. The School agrees to implement the practices and procedures for hiring and dismissal, policies governing salaries, contracts, and benefit packages, and targeted staff size, staffing plan, and projected student-teacher ratio as described in the School’s Application (Appendix 1). The School must use thorough, consistent, and even-handed hiring and termination procedures. The School’s Governing Board will determine salaries, benefits, and position/title classification, provided that the School’s Governing Board may establish any additional positions it deems necessary.
- Reporting Staffing * The School agrees to provide written notice to Sponsor using the Sponsor’s designated form within fourteen (14) calendar days of any new hires, leaves of absence, transfers and terminations. Teaching assignments for new hires must match the state course code directory numbers and teacher certification. The School will complete and

submit all required personnel reports, including employee database surveys, in accordance with due dates required by the Sponsor or the Florida Department of Education.

Non-Discriminatory Hiring * The School agrees that its hiring practices shall be nonsectarian, and that it shall not violate the anti-discrimination provisions of §1000.05, F.S. (“The Florida Education Equity Act”).
Teacher Certification and Highly * All teachers employed by or under contract to the School shall be certified and highly qualified as required by Chapter 1012, F.S., and any other applicable state or federal law. Criteria developed by the School for hiring all other staff (administrative and support staff) shall be in accordance with their educational and/or experiential backgrounds that correspond to the job responsibilities they will be expected to perform. The School may employ or contract with skilled selected non-certified personnel to provide instructional services or to assist instructional staff members as education paraprofessionals in the same manner as defined in Chapter 1012 and as provided by State Board of Education rule for charter school Governing Boards.

If the School receives Title I funds, it will employ highly qualified instructional staff. In compliance with those requirements, the School’s teachers shall be certified and teaching in field and the School’s support staff shall have attained at least two (2) years of college education or have passed an equivalent exam. However, in order to comply with NCLB requirements, all teachers in core academic areas must be certified/ qualified based on F.S. and highly qualified as required by NCLB. The School agrees to disclose to the parents of its students the qualifications of instructional personnel hired by the School.

Remedy for Not Meeting Highly * If the School fails to meet applicable requirements to employ certified and highly qualified staff, the School shall be responsible for reimbursement of any funding lost or other costs attributable as a result of the School’s non-compliance.

Fingerprinting and Background The School shall, at the School’s expense, require all its employees to comply with the fingerprinting requirements of §1012.32, F.S. Members of the Governing Board of the charter school shall also be fingerprinted in a manner similar to that provided in §1012.32, F.S. Any person serving in any capacity with the School or its Governing Board must meet Level 2 screening requirements as described in §1012.32,

F.S. Fingerprints shall be submitted to the Florida Department of Law Enforcement for state

processing and the Federal Bureau of Investigations for federal processing. The results of all fingerprint reports shall be provided to the Sponsor.

Potential employees of the School shall submit official court dispositions for criminal offenses of moral turpitude listed as part of their fingerprint results.

The School agrees that new applicants shall be on probationary status pending fingerprint processing and determination of compliance with standards of good moral character. The School agrees not to hire applicants whose fingerprint check results reveal non-compliance with standards of good moral character or a conviction of any offense listed in §1012.315, F.S. The School shall not allow any person (whether employed directly by the School or by a contractor) to serve in any position requiring or involving direct contact with students who has been convicted of a crime of moral turpitude. All associated costs related to fingerprints are the sole responsibility of the School.

Employment * The School’s employment practices shall be in compliance with its Application (Appendix 1) and the following requirements:
- Prohibitions and Restriction on Employment of Relatives.* The School’s hiring practices shall at all times be in compliance with the requirements of 1002.33(12) and (24), F.S. Charter school personnel may not appoint, employ, promote, or advance, or advocate for appointment, employment, promotion, or advancement, in or to a position in the charter school in which the personnel exercises jurisdiction or control any individual who is a relative. An individual may not be appointed, employed promoted, or advanced in or to a position in a charter school if such appointment, employment, promotion, or advancement has been advocated by charter school personnel who exercise jurisdiction or control over the charter school and who is a relative of the individual or if such appointment, employment, promotion, or advancement is made by the Governing Board of which a relative of the individual is a member. For the purposes of this section, the following definitions shall be used:
“Charter School Personnel” means a charter school owner, president, chairperson of the Governing Board, superintendent, Governing Board member, principal, assistant principal, or any other person employed by the charter school who has equivalent decision making authority has been delegated, to appoint, employ, promote, or advance individuals or to recommend individuals for appointment, employment promotion, or advancement in connection with employment in a charter school, including the authority as a member of a Governing Board of a charter school to vote on the appointment, employment, promotion, or advancement of
“Relative” means father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother- in-law, son-in-law, daughter-in law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half
- Suspended or Revoked Certification or The School agrees not to employ knowingly an individual for instructional services if the individual’s certification or licensure as an educator is suspended or revoked by this or any other state.
- Resignation in Lieu of Disciplinary The School agrees not to employ knowingly an individual who has resigned in lieu of disciplinary action with respect to child welfare or safety or who has been dismissed for just cause by any school district with respect to child welfare or safety.
- Non-Discriminatory Employment Practices. The School agrees that its employment practices shall be nonsectarian, and that it shall not violate the anti-discrimination provisions of 1000.05, F.S. (“The Florida Education Equity Act”).

Codes and Principles of Conduct The School agrees that its employees will be required to abide by Rule 68-1.001, FAC, Code of Ethics of the Education Profession in Florida, and Rule 68- 006, FAC, Principles of Professional Conductfor the Education Profession in Florida.

Training of * The School’s teachers may participate in training conducted by the Sponsor and the Sponsor’s teachers may participate in training conducted by the School.
- Participation and Cost for Training * Training activities shall be made available by the Sponsor to School’s employees on a space-available basis and, the School shall pay all of the additional costs associated with the participation of the School’s employees in such training activities, at the same rates and reimbursement methods currently charged to the Sponsor for the participation of the Sponsor’s employees. Training activities shall be made available by the School to Sponsor’s employees on a space-available basis and, except in instances of federally funded training, the Sponsor shall pay all of the additional costs associated with the participation of its employees in such training activities, at the same rates and reimbursement methods currently charged to the School for the participation of the School’s employees.
- Participation in Federally Funded * Training activities that are federally funded that are provided by the Sponsor shall be made available to School’s employees on a space available basis without any charge to the School other than any charges that are also incurred by the Sponsor for the participation of the Sponsor’s employees. Training activities that are federally funded that are provided by the School shall be made available to Sponsor’s employees on a space-available basis without any charge to the Sponsor other than any charges that are also incurred by the School for the participation of the School’s employees.
Collective Pursuant to §1002.33(12)(b), Florida Statute, the School’s employees shall have the option to bargain collectively and may collectively bargain as a separate unit or as part of the existing district collective bargaining unit, as determined by the structure of the School.
Payroll The School will provide payroll services for all of its employees.
Annual Employee Each of the School’s employees will be evaluated annually by the School, following any applicable state evaluation requirements.
Personnel The School shall maintain personnel files for all persons employed by the School. Such files shall be maintained by the School at a readily-accessible location in Alachua County, Florida, and shall be open to public inspection as provided by law.

Section11: REQUIRED REPORTS AND DOCUMENTS

Pre-Opening.* (Not Applicable)

11.B. Monthly.*

Financial Statement [4.F.3.1.)

11.C. Annual.*

Annual Accountability Report [2.H.]
Annual Budget [4.E.; 8.)
Annual Inventory Report [4.F.3.2.]
Annual Audit [4.F.3.4.)
Program Cost Report [4.F.3.5.)
Current List of Governing Board Members [8.H.]
Projected Enrollment [3.D.]
Confirmation of distribution of Code of Student Conduct [3.1.)
Evidence oflnsurance [7.J.7.1.)
Statement of Compliance with Ethical Requirements [8.K.]

As Adopted/Amended.
- Disaster Preparedness Plan [5.G.]
- Changes in Governing Board Membership [8.H]
- Drug-Free Workplace Policy [13.B.]

Section 12: SCHOOL FOOD SERVICE

School Food Service. Food service to the School is the responsibility of the School and must be provided according to applicable District, State and Federal rules and The School shall make lunch available to all students (and optionally to school staff). Breakfast shall be provided when required by State and Federal guidelines (required for all elementary students). The School is solely responsible for funding any deficits it incurs in such services and programs, and the Sponsor shall have no liability for same. Meals will be distributed to students using a point of sale accountability procedure.

The School shall distribute Free and Reduced Price Meal applications forms to students and shall certify student eligibility for such programs using required Federal rules and procedures. These records may be used to certify eligibility for participation in other State/Federally-funded programs (i.e., Title I). All records must be accurately completed and maintained for review by State/Federal auditors.

Meal Service Options and The School shall provide food service to its students by one of the following means:

Enter into an agreement with the Florida Department of Education, Food and Nutrition Management Division, to administer the National School Lunch and National Breakfast Program at the Under this option, the School shall have the responsibility to complete and submit reimbursement claims to the Department of Education.

Enter into an agreement with a third party vendor to have food service provided either to the site of the School or pick-up. Under this option, the School shall have the responsibility to complete and submit reimbursement claims to the Department of Education; or

Enter into an agreement with the Sponsor for meal service to be provided by the Sponsor as an additional site under the Sponsor’s existing agreement with the Department of Education. Under this arrangement, the Sponsor would provide the menu pattern (breakfast, lunch, snack or all three; hot or cold); the Sponsor would define the delivery system; the Sponsor would establish the per meal charges to the School; the Sponsor would provide the School Free and Reduced Price Meal applications which would be distributed by the School to students for completion after the School’s representatives attend a required training program; the School would provide to Sponsor and keep current a master list of students and their eligibility status for free, reduced or fully paid meals; the Sponsor would approve a point of sale meal accountability procedure to be used by the The Sponsor would complete and submit reimbursement claims to the Department of Education; and the School would pre-pay the Sponsor for the non-reimbursed portion of meals served on a monthly basis prior to receiving the meals.

Enter into an agreement with a third party vendor to have food service provided either to the site of the School or by pick-up and to provide any legally mandated breakfast and lunch assistance programs without participating in any government subsidized school breakfast and lunch

Applicable Regulations. The School shall comply with all USDA and FLDOE regulations that are applicable to its child nutrition

04 21 2015 aJNTRAC’r llealthy Learning Academy 2nd Renewal 21115 2025 Bd Approved 43

Section 13: MISCELLANEOUS PROVISIONS

* Neither party shall be considered in default of this Charter if the performance ofany section or all of this Charter is prevented, delayed, hindered or otherwise made impracticable or impossible by reason of any strike, flood, hurricane, riot, fire, explosion, war, act of God, sabotage, accident or any other casualty or cause beyond either party’s control, and which cannot be overcome by reasonable diligence and without extraordinary expense.
Drug-Free * The School is a Drug-Free Work Place. The School shall provide the Sponsor with a copy of the School’s applicable Drug-Free Work Place policy and any amendments thereto.
Entire * This Charter and the appendices hereto shall constitute the full, entire, and complete agreement between the parties hereto. All prior representations, understandings, and agreements whether written or oral are superseded and replaced by this Charter. This Charter may be altered, changed, added to, deleted from, or modified only through the voluntary, mutual consent of the parties in writing. Any substantial amendment to this Charter School Agreement shall require approval of the Sponsor.
No Assignment without * This Charter shall not be assigned by either party without the prior written consent of the other party, provided that the School may enter into contracts for services with an individual or group of individuals organized as a partnership or cooperative without the consent of the Sponsor.
No * No waiver of any provision of this Charter shall be deemed to be or shall constitute a waiver of any other provision, unless expressly stated.
* Except under circumstances that present a threat to health, safety or welfare or that constitute good cause for the immediate termination of this Charter, notice of a default of a material provision of this Charter will be furnished to the defaulting party by the non-defaulting party. Except under circumstances that present a threat to health, safety or welfare or that constitute good cause for the immediate termination of this Charter or when a shorter or longer period of time to effect compliance is required by applicable law, rules or this Charter, the defaulting party will be permitted twenty (20) calendar days to remedy the identified default.
Survival Including Post-Termination of Charter.* All representations and warranties made herein, indemnification obligations, obligations to reimburse the Sponsor, obligations to maintain and allow inspection and audit of records and property, reporting requirements and obligations to return public funds or property purchased with public funds shall survive the termination of this
* Ifany provision or any section of this Charter is determined to be unlawful, void or invalid, that determination shall not affect any other provision or any section of any other provision of this Charter and all such remaining provisions shall continue in full force and effect.

13.1. Third Party Beneficiary.* This Charter is not intended to create any rights ofa third party beneficiary. This clause shall not be construed, however, as contrary to any statutory or constitutional right possessed by a member of the community, a student, or parent/guardian of a student of the School.

Choice of Laws and * This Charter is made and entered into in the State of Florida and shall be interpreted according to the laws of Florida, with venue in Alachua County, Florida. The parties mutually agree that the language and all parts of this Charter shall in all cases be construed as a whole according to its fair meaning, and not strictly for or against either of the parties. This Charter shall be interpreted and construed according to the laws of the State of Florida. The School shall adhere to any additional requirements applicable to charter schools under state law or as mandated by the Florida Department of Education or any other agencies regulating the School.

* All notices to be given hereunder shall be in writing, and all payments to be made hereunder shall be by check, and may be served by hand delivery, express delivery or by depositing the same in the United States mail, addressed to the party to be notified, postpaid, and registered or certified with return receipt requested. Notice given in any manner shall be effective only if and when received by the party to be notified. All notices to be given to the parties hereto shall be sent to or delivered at the address set forth below:

SPONSOR: Superintendent of Schools

The School Board of Alachua County, Florida 620 East University Avenue

Gainesville, Florida 32601

Tel.: (352) 955-7444

SCHOOL: Healthy Learning Academy, Inc.

Ann Marie Egan, Principal 13505 West Newberry Road

Jonesville, FL 32669

Tel.: (352) 372-2279

By giving the other party at least fifteen (15) days written notice thereof, a party may change its address and specify its new address for the purposes stated herein.

* Each of the persons executing this Charter represent and warrant that they have the full power and authority to execute the Charter on behalf of the party for whom he or she signs and to bind and obligate such party with respect to all provisions contained in this Charter, and that he or she enters into this Charter of his or her own free will and accord and in accordance with his or her own judgment, and after consulting with anyone of his or her own choosing, including but not limited to his or her attorney.
* In the event of any conflict between the provisions of this Charter and any Appendix, this Charter shall prevail.
Dispute * Subject to the applicable provisions of §1002.33, F.S., as amended from time to time, all disagreements and disputes relating to or arising out of this Charter which the parties are unable to resolve informally, may be resolved according to the following dispute resolution process, unless otherwise directed or provided for in the aforementioned statute. Nothing herein shall be construed to limit the Sponsor’s ability to immediately terminate this Charter in accordance with
1002.33(8)(d), F.S. It is anticipated that a continuing policy of open communication between the Sponsor and the School will prevent the need for implementing a conflict/dispute resolution procedure.

The following dispute resolution process, not otherwise pre-empted by §1002.33, F.S., shall be equally applicable to both parties to this Charter in the event of a dispute.

All disagreements and disputes relating to or arising out of this Charter which the parties are unable to resolve informally, may be resolved according to the following dispute resolution process:

Step 1– The persons having responsibility for implementing this Charter for the grieving party will write to the other party to identify the problem, propose action to correct the problem and explain reasons for the proposed action.

Step 2 — The person having responsibility for implementing this Charter for the other party will respond in writing within fifteen (15) calendar days, accepting the proposed action or offering alternative solution(s) to the problem. A meeting of representatives of the parties may be held to reach agreement on the solution and subsequent action.

Step 3 — Ifthe representatives are unable to reach agreement, they will jointly agree upon a mediator, who will meet with the parties separately and/or together to assist them in resolving the problem. Costs of mediation shall be shared equally by the parties.

Step 4 — Upon resolution of the problem, the responsible personnel from both parties will develop a joint written explanation indicating the resolution. This document will be retained with this Charter. Ifan amendment to the Charter is necessary, the amendment will be submitted for action by both parties.

If efforts at agreement within a reasonable time are unsuccessful, the parties may have recourse to their available legal remedies, including, without limitation, mediation through the Florida Department of Education or those additional remedies set forth in §1002.33(6)(i), F.S.

13.0. Citations.* All Florida Statutes, State Board ofEducation Rules, or School Board Policies cited herein shall refer to the edition in effect when this Charter is executed or extended, subject to subsequent amendment of such statutes.

* The headings in the Charter are for convenience and reference only and in no way define, limit, or describe the scope of the Charter and shall not be considered in the interpretation of the Charter or any provision hereof.
Advice of The School and the Sponsor both state that they have been represented by legal counsel in connection with the negotiation and execution of this Charter and each is satisfied with the legal representation it received.
This Charter may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one Charter.

*DOE Form Number IEPC-M3 Rule No. 6A-6.0786, F.A.C.

October 2010

IN WITNESS WHEREOF, the Parties hereto have executed this First Renewal Charter School Contract, as of the day and year first above written.

FOR THE SCHOOL

(Corporate Seal) Healthy Learning Academy, Inc.

Attest:. _ Secretary

– or –

By: L/,iOJ

Pri AMyJ£ – S- D

Title 1it.5L

Witness -=:::::::

STATE OF FLORIDA ) COUNTY OF ALACHUA )

The foregoing instrument was acknowledged before me this1¥day of ,.- 1 1

ntA::P (be ..( Gc<l of .Healthy Learning Academy, Inc.

Name of Person on behalf of the school.

.1o.J..S_ by

c;Lf,-o

He/She took an oath and is personally known to me or has produced{Pt- f {o}O ,.J 01 1/ :ntification.

(SEAL)

My commission expires:

Printed Name of Notary Public

FOR THE SPONSOR

(Corporate Seal)

–ATTEST:

Owen A. R ‘-1-;;.l-\- lS

Superintendent of Schools

THE SCHOOL BOARD OF ALACHUA COUNTY, FLORIDA

Approved as to Form:

• ‘ ‘

ATTACHMENT 1

CHARTER SCHOOL RENEWALAPPLICATION,NOVEMBER 17,2014

. I ,

ATTACHMENT 2

CHARTER SCHOOL ORIGINAL APPLICATION,JULY 30, 2004