CONTRACT
BELLE
MIDDLE SCHOOL
OKLAHOMA CITY
PUBLIC SCHOOLS
BELLE
MIDDLE SCHOOL,
INC.
FISCAL YEAR
ENDING
FISCAL YEAR 2002-2003
THIS CONTRACT is made and entered by and between INDEPENDENT
SCHOOL DISTRICT NO. 89 OF
WHEREAS, District's Board adopted Policy I-49, Enterprise Schools on July 1, 1997 authorizing contracts between District and other parties for the purpose of creating and operating Enterprise Schools to improve student achievements and increase learning opportunities for District's Students; and on the same date Regulation I-49-R1 was implemented establishing the procedures for interested parties to apply for approval to create and operate an Enterprise School;
WHEREAS, Corporation has successfully operated to date Belle Isle Enterprise Middle School (“School”) as an enterprise school pursuant to a contract for the 1999-2000 school year, the 2000-2001 school year and the 2001-2002 school year (“Prior Contract”);
WHEREAS, Corporation has requested that its contract be renewed for the 2002-2003 school year;
WHEREAS, the District's Board of Education has determined that renewal of the Prior Contract for the 2002-2003 school year complies with the purposed and requirements of the Policy and should be approved; and
THEREFORE, in consideration of the foregoing Recitals and
the following obligations and covenants, the Parties agree as follows:
1. Documents Incorporated by Reference.
1. Definitions. To simplify the wording of the terms and conditions herein, certain
definitions are set forth in Exhibit A. The specific capitalized words used in this Contract, in their singular or plural forms, shall have the meanings set forth in the Definitions.
1.2 Application. The Application is incorporated herein by reference as a part of this Contract, subject to such modifications to its terms as are contained in this Contract.
1.3 Recitals. The recitals stated above are true and correct, and are incorporated by reference.
1.4 Exhibits. Exhibits A through I which are attached to this Contract and incorporated by reference.
2.
3. Goals, Objectives and Student Performance Standards: The goals, objectives, and performance standards set forth in the Application, as amended by this Contract, are agreed upon by the Parties and are subject to the following conditions:
3.1 Student Attendance. The School shall comply with Legal Authority relating to the mandatory attendance of Students, provided that School may adopt more stringent standards of attendance as qualifications for attending the School.
3.2 Student Conduct. The School shall comply with Legal Authority relating to student conduct, provided that School may adopt additional standards of conduct purpose
of Student discipline.
3.3 Student Discipline. The
School shall maintain a safe and orderly learning environment. The School shall
comply with Legal Authority regarding the discipline of Students.
4. Educational Program, Pupil Performance Standards and Curriculum: The School's curriculum as set forth in the Application is approved for implementation, subject to the conditions set forth below.
4.1 Curriculum. The Corporation shall have the authority and responsibility for refining the design and implementation of the School's educational program, subject to the conditions of this Contract, in a manner that is consistent with Legal Authority.
4.1.1 Meet or Exceed District Standards. The educational program, pupil performance standards and curriculum designed and implemented by the School shall meet or may exceed any content standards adopted by the District and shall be designed to enable each pupil to achieve such standards.
4.2 Student Records. The School shall comply with all record-keeping requirements of Legal Authority and shall provide any reports necessary to meet the District's reporting obligations pursuant to Legal Authority including without limitation immunization records, class schedules, records of academic performance, disciplinary actions, attendance, standardized test results and documentation of Students with disabilities. School shall be provided with any software, hardware and network connections provided to other schools in the district for such purposes.
4.2.1 Privacy Requirements. Since it is anticipated that the School will utilize volunteers for various staff functions relating to the operation of the School, School shall comply with privacy requirements set forth in Legal Authority by implementing procedures which include, without limitation, the following:
a. The School shall have Parents sign documents acknowledging that appropriate Volunteers, who have been determined by the School to have legitimate educational interests, might view records of the Parents' Students, unless they notify the School otherwise; and
b. The School shall require such Volunteers to sign documents that they acknowledge the existence of and will abide by the confidentiality requirements of Student records.
4.3 Nonreligious, Nonsectarian and Nondiscriminatory. The educational program of the School shall be nonreligious, nonsectarian, and shall not discriminate against any Student on the basis of any status or condition for which Legal Authority provides protection from discrimination.
4.4 Education of Students with Disabilities. The School shall comply with all Legal Authority relating to the education of Students with disabilities. Upon admission of a Student to the School, the School shall determine whether the Student has been identified as a child with disabilities. If so, the School shall obtain a copy of the Student's IEP. A properly constituted IEP team shall be convened to determine whether the School is an appropriate placement for the student and, if so, the manner in which the IEP will be implemented at the School.
4.4.1 Other Appropriate Placement and Related Services. If other placement is deemed to be appropriate or if related services are required for a Student with disabilities, such placement or services shall be provided by District.
4.5 Admission. Admission to the School shall be determined in accordance with the
following:
4.5.1 Grades to be Served. The School shall provide the sixth, seventh and eighth grades during the term of this Contract.
4.5.2 Target Student Population. The target Student population for the School during the 2002-2003 school year is four hundred and eleven (411) sixth, seventh and eighth grade students.
4.5.3 Admission Procedures. Admission to the School shall be in accordance with Exhibit C.
4.5.4 Admission Records. School shall maintain and retain documentation sufficient to demonstrate the procedures used in the process for the selection of students for admission, including all applications and minutes of admission deliberations and procedures indicating persons involved and procedures used. District may review such records in the usual course of business.
4.5.5 Admission Contract. School may require students and their parents/guardians to sign a contract setting forth the terms and conditions of admission to the School. Such Admission Contract shall be submitted to and approved by the Superintendent prior to its implementation.
4.6 Tuition. Tuition shall
not be charged for admission to the School; provided School shall not be
precluded from charging for programs conducted outside the regular school day
for which students do not receive academic credit or other fees charged
students by other schools within the District.
5. Evaluation of Student Performance. The School's evaluation of Student performance shall be in accordance of Legal Authority relating to student performance. The School shall cooperate with the District to coordinate testing and reporting of test data with the District's statistical reporting needs and testing requirements.
5.1 Testing. School shall evaluate performance with the same testing methods used by the District in other schools of a similar nature. School may also utilize other methods of evaluating student performance.
5.2 Accommodations. Accommodations in testing procedures shall be in accordance with Legal Authority.
5.3 District Assistance. The District shall provide Student's testing and interpretation without additional charge to the School to the extent such testing is provide to other schools in the District.
5.4 Student Portfolio. Each teacher shall maintain during the school year a portfolio of representative work including but not exclusive of worksheets, test papers, daily assignments, special projects or research papers, art work and work related to music instruction. Each student's work in the portfolio will be available on request for review by the Student, parents of the Student and appropriate District personnel. If requirements of Legal Authority regarding privacy are met, contents of such portfolios may be reviewed by other persons.
5.5 Independent Evaluation of School. An independent evaluation of the School may be requested by the District during the term of this agreement. Selection of an independent evaluator and the evaluation design shall be made by mutual agreement of the Corporation and District. The evaluator(s) and evaluation design will be approved by the Corporation and District. District will cooperate with and assist Corporation in its efforts to obtain a grant for such evaluation. Funding of the cost of the evaluation shall be by mutual agreement of the Parties.
6. Budget, Financial Reports and Annual Audit.
1. Initial Budget. Corporation shall prepare and provide to the District a budget for
the fiscal year to which this contract applies prior to the beginning of such fiscal year.
6.2 Revisions to Budget. The parties acknowledge that the Budget will be an evolving document during the term of this contract. The Corporation shall review the Budget on a monthly basis and modify it as needed. Copies of all revised budgets shall be provided to District upon adoption.
6.3 Financial Reports. The Corporation shall be responsible for providing the District, within twenty (20) days following the end of each calendar month, written revenue and expenditure reports with comparisons to budget and on an annual basis, a financial statement that reports the costs of administration, instruction and other spending categories, consistent with the accounting and reporting procedures required by Legal Authority for Oklahoma school districts.
6.4 Audit. Corporation shall permit an audit of financial transactions of the Corporation occurring during the term of this Contract. Corporation shall provide District with a copy of any audit of Corporation's financial transaction which it has prepared. District funds expended on behalf of Corporation shall be audited by District as required by law.
6.5 Financial Records. The Corporation's and School's financial records relating to Funding and the School Activity Fund shall be available for inspection and auditing by District officials and agents.
6.6 Quarterly Reconciliation of Funding. The District and Corporation shall reconcile their records relating to the expenditures of Funding on a calendar-quarter basis during the term of this agreement commencing with the quarter ending on September 30.
7. Funding for School's Operation. Funding for the School's operation shall be from the following sources: the District's General Fund and other resources provided by the District; fees authorized by this Contract; contributions and grants obtained by the Corporation from sources other than the District; and the School Activity Fund. Prior to initiating any competitive grants for the School, the District shall obtain the consent of the Corporation. Proposed coordination of curriculum and programs between the School and any other school in the District shall be expressly stated in any competitive grant application submitted by the District and shall be approved by the Corporation before the grant application is submitted. No coordinated program other than relating to entitlement grants shall be implemented by District at the School without the prior express written consent of the Corporation, and the District shall not assign any employee to coordinate such projects without the Corporation's prior approval.
7.1 District's General Fund. The Board shall encumber Funding for the operation of the School from District's General Fund. The School shall submit requisitions for purchase orders to the District to draw upon Funding for purposes authorized in this Contract and consistent with the Budget. The School shall assist the District with cost accounting requirements for Funding. Funding not expended during the term of this contract shall become part of the District's fund balance to be carried over to the next fiscal year for the purposes set forth in 7.1.1.
7.1.1 Calculation of Funding.
It is the intent of the parties that the School will receive Funding in an
amount comparable to that provided for other middle school students in the
District for the 2002-2003 fiscal year from the General Fund, excluding funds
from specific sources provided for in Paragraph 7.1.2, in the amount of Four
Thousand One Hundred and Seventy-Five Dollars ($4,175) per pupil. Funding will
be calculated by multiplying the funding per Student stated above by the number
of Students attending the School. For initial budgetary purposes, the number of
Students shall be the School's average daily membership for the 2001-2002 school
year. Such computation of Funding shall be
recalculated using the actual Student membership existing on
7.1.2 Additional Funding from Specific Sources. If funding from specific sources, other than state aid distributed by the state aid formula, is available by virtue of eligible students or specific programs provided by the School, such funds shall be provided to the School in addition to the Funding allocation described above and in the same manner as such funding is provided to other District schools. District will cooperate with and assist Corporation in applying for grants specific to the School to the extent practicable and shall provide proceeds from such grants to the School.
7.2 Private Contributions. The Corporation may solicit private contributions on behalf of the School. Such funds shall be maintained in the Corporation's accounts and investments, and shall be used solely for the benefit of the School, unless otherwise provided in this Contract. Such funds and interest thereon shall be expended in accordance with the Budget.
7.3 Activity Funds. Activity Funds may be raised and expended in the manner provided by Legal Authority. Corporation may determine whether concession and vending machine revenues shall be Corporation's funds or Activity Funds.
7.4 Administrative Services. The School shall be provided certain administrative services provided to other schools in the District which are set forth in Exhibit D. A flat fee of five percent (5%) of Funding shall be charged for access to and the provision of those services which are listed in Exhibit D. Certain administrative services may be utilized by the School on a fee basis. Those services and the fees charged against Funding for their use are set forth in Exhibit E.
7.5 Food Service. The School's breakfast and lunch programs and associated personnel shall be provided by the Oklahoma City Public Schools Child Nutrition Services Department. The School will not be assessed any fee for staffing, equipment, supplies, consumables, utensils, food stuffs or any other expense relating to such programs. The School shall make available the Facility's existing food service area and equipment for such purpose subject to Section 12.6 herein. The School shall be charged by the Child Nutrition Services Department for food service other than the School's breakfast and lunch program in the same manner that such food service is provided to other District schools. The Corporation may use other vendors for the provision of after-school snacks and other food or meals not covered by the District's breakfast and lunch programs.
7.6 No Pledge of Credit by District. The Corporation shall not represent that it has authority to pledge the District's credit or make District a guarantor of payment or surety for any contract, debt, obligation, judgement, lien, or any form of indebtedness. The Corporation further warrants and represents that it has no obligations or indebtedness that would impair its ability to fulfill the terms of this Contract.
8. Governance and Operation. The governance and operation process set forth in the Application concerning the nature and extent of parental, professional and community involvement in the governance and operation of the School is accepted by the District to the extent permissible under Legal Authority and subject to all conditions of this Contract.
8.1 Corporate Status. The
Corporation has incorporated, at its own expense, as an