~.I'

RENEWAL CHARTER

BETWEEN

THE SCHOOL BOARD OF OSCEOLA COUNTY, FLORIDA

AND

NEW DIMENSIONS HIGH SCHOOL, INC.

Revised May 24,2001

TABLE OF CONTENTS

General Provisions 1A. Contract Documents '.' 1

1. Recitals 12. Exhibits 13. Application 24. Budget and Management 25. School Board Rules 2

B. Term and Effect of Termination, Non-renewal or Expiration ofCharter 21. Term 22. Implementation Timetable 23. Modification 24. Cancellation 25. Notice of Cancellation and Procedures for Cancellation 36. Immediate Termination 47. Termination or Non-Renewal 48. Renewal '" 5

C. Statutory Requirements 51. Sunshine Law 52. Health, Welfare and Safety 53. Non-Discrimination 54. Charter School Legislation 6

D. Progress Reports 61. Annual Progress Report 62. Cost Accounting and Audits 73. Progress Review 7

E. Length of School Year 71. Minimum Length 7

\I Academic Accountability ":~' ~" 7A. School Curriculum ~ 7

1. General 72. Accountability Criteria 8

B. Assessments/Reports 81.. Assessments 82. Required Reports 83. Access to Records 84. Consistency 85. Innovation 96. Graduation Requirements 9

C. Record Keeping 9

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Maintenance of Records 9Annual Report 9

III Students 9A. Definition of Students 9B. ESE Students 11

1. Students with Disabilities 11C. ESOL Students 13D. Enrollment Process 14E. Discipline " 14F. Extracurricular Activity 15G. Student Records 15

IV Financial Accountability 17A. Revenue 17

1. Funding 172. Federal Funding , 173. Funding Adjustment 174. Funding Availability 18

B. Administration and Management 181. Initial Costs 182. Administrative Fee 183. Standard Accounts 194. Financial Reports 195. Financial Audit 206. Transportation/Food Service 207. Third Party Contracts 218. Payment 219. School Board Personnel Services 2110. Reports/Right to Inspect 2111. Additional Requirements 21

C. Facilities , 221. Location :~-':. ~.:~ 222. Standards 223. Documentation : , 224. Certification 225. Right to Inspect 22

D. Insurance , 221. Indemnification 222. Evidence of Insurance 243. Insurance Coverage Requirements 254. Commercial General Liability Insurance , 265. Automobile Liability Insurance 276. Workers' Compensation/Employer's Liability , 277. School Leader's Errors & Omissions Insurance , 28

11

I'

E.

8. Property Insurance 299. Fidelity Bonding 29Governance Structure 291. Non-Profit Corporation 292. Public Employer ' 293. Board of Directors 29

V. Human Resources 29A. Employment. : 29

1. Employee Selection 292. Non Sectarian, Non-Discrimination 293. Certification 304. Disclosure 305. Fingerprinting, Background 306. School Policy 30

B. Public Employees 30C. Substitute Teachers 30

,

VI Miscellaneous Provisions 311. Act of God 312. Assignment 313. Survival 314. Legal Representation 315. Default 316. Representations and Warranties 317. Binding Effect 318. Notice , 329. No Waiver 3210. Counterparts 3311. Captions 3312. Gender, etc 3313. Severability 3314. Cumulative Rights ':":.. ~~.o"•••••• 3315. Governing Law and Venue 3316. Further Assurances 3317. No Partnership, Joint Venture 3418. Third Party beneficiary 3419. No Construction Against Drafter 3420. Waiver of Jury Trial ; 3421. Mediation 3422. Attorneys' Fees , 3423. Entire Agreement , 3424. Legislative Amendment 3425. Interchangeability of Terms 3426. Action Regarding the Status of the Charter 35

111

Exhibits

Exhibit A - Charter Application

Exhibit B - Budget 2001-2002.

Exhibit C - Contract Renewal Request Report, April 2001

Exhibit 0 - Charter School Services Guide

IV

.;This Charter is entered into as of the /9 ~ay of iJ~e.,2001, between the SchoolBoard of Osceola County, Florida ("School Board"), the contracting body for the SchoolDistrict of Osceola County (the "District" or "School District") and New Dimensions HighSchool, Inc., a non-profit organization organized under the laws ofthe State of Florida, withits principal place of business at 4900 Pleasant Hill Road, Poinciana, Florida 34759,("School") .

RECITALS

WHEREAS, the purpose of the School shall be consistent with §228.056, FloridaStatutes, (the "Charter School legislation") and as outlined in the Charter Application; and

WHEREAS, the School submitted an application to obtain a Charter and to operatea charter school within the School District of Osceola County, and has operated a charterschool for three (3) school years; and

WHEREAS, the School has submitted an application to renew its Charter foradditional years; and

WHEREAS, the purpose of the charter school shall be innovation and excellencein education as contemplated within the Charter School Legislation; and

WHEREAS, the School will be nonsectarian and nondiscriminatory in its programs,admissions policies, employment practices, and operations; be accountable to the SchoolBoard for its performance; not charge tuition or fees for state funded programs; meet allapplicable Federal, State and local health, safety, and civil rights requirements; and besubject to an annual financial audit in a manner which is similar to that of the School Board.

NOW, THEREFORE, for and in consideration ofthe foregoing, the parties agree asfollows:

I. General Provisions

A. Contract Documents

1. Recitals. Recitals in the Whereas Clauses are incorporated hereinand made part of this Charter.

2. Exhibits. This Charter consists of the Charter and Exhibits A throughD which are binding and incorporated by reference. In the event ofany conflict between this Charter and the Exhibits, the terms of thisCharter control. Additionally, the policies of the School Board areincorporated herein by reference except to the extent they are waivedby the School Board or by operation of law.

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4. Budget and Management. The budget of the School is attached asExhibit B and is made a part hereof. The School shall provide its planfor the financial and administrative management of the School,including a reasonable demonstration of the professional experienceor competence of those individuals or organizations applying tooperate the School, or hired or retained to perform such professionalservices. This plan is attached hereto as Exhibit C, the ContractRenewal Request Report.

3. Application. It is the intent of the parties that this Renewal Chartershall constitute the School's Charter. The application was approvedby the School Board by a vote of 5-0, on February 3, 1998, saidapplication being attached as Exhibit A, (the "Application") and ismade apart hereof.

5. School Board Rules. The School agrees to comply with SchoolBoard of Osceola County policies except to the extent certain policiesare waived by operation of law or by the School Board.

B. Term and Effect of Termination. Non-renewal or Expiration ofCharter

1. Term. This Charter shall become effective upon the last date a partyhereto signs this Charter, and shall cover a term of 5 school years,commencing with the 2001-2002 school year, and ending 5 yearstherefrom.

2. Implementation Timetable. The timetable for implementation of thisRenewal Charter will be such that the opening date for students of theSchool shall be the same date as opening of Osceola District Schoolsfor students for the beginning of the 2001-2002 school year.

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3. Modification. This Charter may be modified during its term by mutualagreement of the parties and any modifications shall be agreed to inwriting and executed by both parties.

4. Cancellation. During the term ofthe Charter or any renewal thereof,the School Board of Osceola County may cancel the Charter underprocedures in paragraph 5 for any of the following grounds:

a. Failure to meet the Student Achievement Objectives, includinginsufficient progress made in attaining Student AchievementObjectives and it is not likely that such objectives can beachieved during the term of the Charter.

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b. Failure to meet generally accepted standards of fiscalmanagement.

c. Violation of Federal, State or local law.

d. Any action by the School that is detrimental to the welfare ofthe School students and is not timely cured after notice inaccordance with the procedure for cure contained herein.

e. Other good cause shown.

5. Notice of Cancellation and Procedures for Cancellation. At leastninety days prior to renewing, non-renewing, or termination of thisCharter, the School Board shall notify the governing body of theSchool of the proposed action in writing. This written notice shallstate in reasonable detail the grounds for the proposed action and willstipulate that the School's governing body may, within said ninetydays of receiving the notice, cure the alleged default. If the allegeddefault is not cured within said ninety days the Charter may beterminated in the sole discretion of the School Board unless the

governing body of the School shall request a hearing in accordancewith the procedures specified hereinafter.

The hearing procedure shall be as follows: The governing bodyof the School may request a hearing on the proposal of the SchoolBoard to non-renew or terminate this Charter at any time during theninety (90) day cure period provided hereinabove. The request forhearing shall be in writing, served on the Superintendent and theAttorney for the School Board, and the request shall specify theissues that the governing body ofthe School wishes to address duringthe course ofthe hearing. Upon the receipt of a timely written requestfor a hearing, the School Board shall abate any a2~iol1JO formallyterminate or non-renew the Charter until such time---asthe hearingprocedure is completed. The School Board shall conduct the informalhearing within thirty (30) days of receiving the written request forhearing and will make a decision regarding the allegations of defaultand whether the Charter should be terminated. The School mayappeal the decision of the School Board to the State Board ofEducation pursuant to procedures specified in the Charter SchoolLegislation and any administrative rules governing such appeals thatmight be promulgated by the Department of Education. The hearingwill be informal but will be conducted in a fundamentally fair mannersuch that the parties may reasonably offer evidence and argument insupport of their respective positions.

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6. Immediate Termination. This Charter may be terminatedimmediately if the School Board determines that the health, safety,or welfare of the students is threatened. However, notwithstandingthe reference to the fact that termination will be immediate for thesereasons;. nonetheless the School Board sh?1Igive written notice byfacsimile transmission or hand delivery (in its option) and the Schoolshall have five (5) calendar days to cure such emergency default.However, during this five (5) day period of cure and thereafter, theSchool Board may take such action as is reasonably necessary,including taking over operation of the School, to protect the health,safety or welfare of the students and the School agrees that it shallnot impede the School Board as it takes such action. The SchoolBoard must provide the basis for termination in written findingsreasonably detailing the basis for termination and such findingsshould be made concurrently with termination. The School mayappeal such termination in accordance with the procedures set out insub-paragraph I (B)(5).

7. Termination or Non-Renewal. In the case oftermination, expirationor non-renewal of the Charter:

a. The School may be dissolved.

b. Any unencumbered funds from the School shall revert to theSchool Board.

c. Any and all leases and subleases related to or involving theSchool shall be automatically canceled.

d. The School real property and improvements, furnishings, andequipment shall automatically revert or transfer as the casemay be to full ownership by the School B~~rd. 9f OsceolaCounty.:'- .'

e. The School is responsible for all debts of the School. Theparties acknowledge that the School Board may not assumethe debt from any contract made between the School and athird party, except for a debt that is agreed upon in writing bythe School Board to be accepted by it.

f. Any student who attended the School may apply to and shallbe enrolled in another public school within the school district inwhich such student resides and in accordance with the normalapplication and enrollment procedures, except that anyapplication deadline shall be disregarded under thesecircumstances.

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g. The School shall submit all records to the School Boardwithout unreasonable delay, unless the records are necessaryfor providing services to current students which records will beproduced at the time of takeover of tne School.

8. Renewal. The Charter may be renewed in increments of one year atany time, upon mutual consent of the parties and mutual execution ofa written r~newal in the manner required by law. The School Boardmay choose not to renew for the grounds listed in paragraphs I.B.4.and 6.

C. Statutory Requirements

1. Sunshine Law. The School shall comply with provisions of Chapter119, Florida Statutes, relating to public records and §286.011, FloridaStatutes, relating to public meetings.

2. Health. Welfare and Safety. The School shall comply with allapplicable federal, state, and local health, welfare, and safety laws.

3. Non-Discrimination. The School agrees to adhere to a policy ofnon-discrimination in educational programs and activities andemployment practices. It will strive affirmatively to provide equalopportunity for all as required by Federal and State law, including butnot limited to:

a. Title VII of the Civil Rights Act of 1964 (prohibitingdiscrimination on the basis of race, color, gender, religion ornational origin).

b. Title IX of the Education Amendments of 1~72*(prohibitingdiscrimination on the basis of gender) .. *.

c. Age Discrimination Employment Act of 1967 (prohibitingdiscrimination on the basis of age with respect to individualswho are at least forty years of age).

d. Section 504 of the Rehabilitation Act of 1973 (prohibitingdiscrimination against the disabled).

e. Americans with Disabilities Act. of 1990 (prohibitingdiscrimination against individuals with disabilities inemployment, public service, public accommodations andtelecommunications) .

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f. The Family and Medical Leave Act of 1993(requiring coveredemployers to provide up to twelve weeks of on paid, jobprotective leave to eligible employees for certain family andmedical reasons).

g. Florida Educational Equity Act (prohibiting discrimination onthe basis of race, gender, national origin, marital status, ordisability against a student or employee). (See, §228.2001,Florida Statutes)

h. The Florida Civil Rights Act of 1992 (securing for all individualsin the State of Florida freedom from discrimination because ofrace, color, religion, gender, national origin, age, disability ormarital status).

i. Laws providing preference to veterans in employment,including §295.07, Florida Statutes.

j. Applicable School Board rules.

4. Charter School Legislation. The parties agree to comply with theprovisions of §228.056, Florida Statutes, and all other applicable lawsand regulations regarding charter schools. If any conflict existsbetween the provisions of the approved application or this Charterand any specific provision of law, then the provisions of the law shallbe prevailing. The School shall be bound by amendments toapplicable statutes, rules and regulations, as any such amendmentstake effect.

D. Proqress Reports

1. Annual Progress Report. The Charter School Leg.!~lati9n requiresthe School Board provide to the State Board or-Education, theCommissioner of Education, the President of the Senate, andSpeaker of the House of Representatives an annual progress reportwhich includes an analysis and comparison of the overallperformance of the students at the School. The parties agree that theSchool Board will utilize results from the State and District requiredassessment programs referenced in this Charter and the dataelements to be included in the annual reports which the School isrequired to submit pursuant to the Charter School Legislation. At aminimum, the report shall contain the following information:

a. the School's progress towards achieving goals outlined in thisCharter;

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I .

b. the information required in the annual school report pursuantto §229.592, F.S;

c. the financial records of the School including all revenues andexpenditures; and

d. salary and benefit levels of the School's employees.

2. Cost Accounting and Audits. The School agrees to do a programcost report and an annual financial report in the format required by theFlorida Department of Education, and provide such information to theSchool Board on or before September 1 of each year, and will havean annual independent audit as required by the Charter SchoolLegislation.

3. Progress Review. The School agrees to submit a progress report tothe School Board no later than January 31, 2002, setting forth theprogress it has achieved regarding student achievement and financialreporting. The School agrees to meet with appropriate School Boardstaff to discuss this progress during the month of February, 2002.Thereafter, School Board shall schedule future progress reviews, andthe School agrees to cooperate in these reviews.

E. Length of School Year

1. Minimum Length. The School shall provide instruction for aminimum of one hundred and eighty (180) days for each school yearor the amount required by Florida law.

II. Academic Accountability

A. School Curriculum

1. General. The School agrees to implement its educational and relatedprograms as specified in the School's approved application, settingforth the School's curriculum, the instructional methods, and anydistinctive instructional techniques to be used. An outline of theSchool's curriculum is in the Application, Exhibit A (the "SchoolCurriculum"). The School agrees to faithfully adhere to the SchoolCurriculum. The School Curriculum may be amended upon approvalby the School Board. The School agrees to document to the SchoolBoard the current baseline standard of student achievement for itsstudents, the outcome to be achieved, and the method ofmeasurement, which will be mutually agreed upon and identified inthe School's Curriculum. This shall include a detailed description ofhow the baseline student achievement levels and prior rates of

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academic progress will be established, how these baseline rates willbe compared to rates of academic progress achieved by these samestudents while attending the School and, to the extent possible, howthese rates of progress will be evaluated and compared with rates ofprogress of other closely comparable s.tudent populations, asdescribed in the Charter Application.

2. Accountability Criteria. The methods used to identify theeducational strengths and needs of students and the educationalgoals and performance standards and Student AchievementObjectives shall be documented and set forth to the reasonablesatisfaction ofthe School Board. This accountability criteria shall bebased upon the School's assessment system and appropriaterequired statewide assessment programs, as specified in the SchoolCurriculum and other reports to the School Board.

B. Assessments/Reports

1. Assessments. The School shall be responsible for administeringrequired Statewide and District-wide tests and shall bear the costsassociated with such test administration. Furthermore, the Schoolagrees to administer all Statewide and District-wide assessmentsaccording to the schedule approved for the other public schools in theDistrict. The School may use other assessment tools in its discretionthat are educationally relevant and sound, and consistent with thisCharter, and the School Curriculum.

2. Required Reports. The School shall timely submit an annualprogress report which includes among other elements, comparativestudent performance data and information required by §229.592,Florida Statutes. The School agrees to transmit this data in electronicdata processing systems and format acceptable to th_~.Sql)ool Board,including all data pertaining to admissions, registrati6ns, ~andstudentrecords.

3. Access to Records. The School agrees to allow the School Boardreasonable access to review data sources, including collection andrecording procedures in order to assist the School Board in making avalid determination about the degree to which student performancerequirements, as stated in the Charter have been met.

4. Consistency. Based on the assumption that at some point in theiracademic careers some of the students involved at the School will

return to the regular public school system, the School will utilize arecord and grading system that is consistent with the School Board'scurrent record and grading procedures, except as may be expresslywaived by the School Board.

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5. Innovation. The School shall insure that the School is innovative andoperated in a manner consistent with the state education goalsestablished by §229.591, Florida Statutes.

6. Graduation Requirements. The School shall comply with themethod for determining that a student has satisfied the requirementsfor graduation pursuant to §232.245, Florida Statutes, and applicableSchool B<;>ardpolicy.

C. Record Keeping

1. Maintenance of Records. The School will maintain both active andarchival records for current and former students in accordance withthe Florida Statutes and Florida Administrative Code Rule 6A-1.0955.

a. All permanent (Category A) records of students leaving theSchool, whether by graduation, transfer to the public schoolsystem, or withdrawal to attend another school, will betransferred to the School Board, MIS Department at 817 BillBeck Boulevard, Kissimmee, Florida 34744-4492. Copy maybe retained by the School.

b. Records of student's progress (Category B) will be transferredto the appropriate school if a student withdraws to return to theregular Osceola County Public School System or anotherschool system. The School may retain copies of the departingstudents' academic records created during the students'attendance at the School.

2. Annual Report. An annual report from the School will be transmitted

to the MIS Department, listing all students enrolled dhlrinl} the schoolyear and the disposition of each student's permane-tit records, Le.,stored on site, transmitted to the School Board or other disposition ifappropriate. This report shall be transmitted each year prior to July1st•

III. Students

A. Definition of Students

1. The parties agree that the School shall serve the entire District andthat the School shall be open to applications from any OsceolaCounty eligible student in grades 9 - 12.

2. The School further agrees that, it will work to achieve a racial/ethnicbalance within the range served by other public schools in the District;

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that it will not discriminate against students with disabilities who areserved in Exceptional Student Education programs (ESE) andstudents who are served in English for Speakers of Other Languages(ESOL) programs; and that it shall not violate the anti-discriminationprovisions of §228.2001, Florida Statutes,. The Florida EducationEquity Act or any other anti-discrimination law. The School shallguarantee that its admissions policies shall be nonsectarian.

3. No student will be eligible for enrollment unless the student is in "goodstanding" 'with his or her regular school district. A student is not ingood standing if the student is subject to expulsion or has beenadministratively placed in an alternative educational program fordisciplinary reasons, and is generally not eligible for enrollment.Nevertheless, the parties agree that if a student who is attending theDistrict's New Beginnings Educational Complex by administrativeplacement by the Superintendent in lieu of expulsion applies to theSchool for admission, that student may be admitted if the studentmeets the following criteria:

a. Reason for Recommendation for Expulsion. The reason thestudent was recommended for expulsion cannot be related toany of the following items:

(1) assault or battery;

(2) pending felony charges or convictions;

(3) possession, use, or influence of alcoholic beverages,drugs, or other controlled substances, includingpossession of drug paraphernalia; or

(4) possession, use or transfer of any weCilponsor deadlyweapons, including fire arms, knives, brass~knuckles, orany realistic facsimile of a weapon or a deadly weapon.

b. Behavioral Program. The student is in the process of taking orhas completed a behavioral program to address the behaviorwhich resulted in the student's placement at the District's NewBeginnings Educational Complex. The student must alsoprovide a recommendation from the facilitator of the behavioralprogram. Behavioral programs include, but are not limited to,anger management programs and smoking cessationprograms.

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c.

d.

Drug Test. The student must provide evidence of a negativedrug test.

Grade Level. The student must be in the 9th grade level. Thepurpose of this requirement is to. implement the gradualenrollment plan of the School.

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e. Age. The student must be less than 18 years old.

f. Absence of Negative Statements and Teacher Statements.Fifty percent of the Teacher statements contained in thestudent's record related to the recommendation for expulsionshall not contain negative statements. Negative statementsinclude, but are not limited to, statements regarding non­participation in class, poor attitude, poor classroom behavior,disruptive behavior, insubordination, and disrespect.

g. Student and Parent Goal Setting and Involvement. Thestudent shall enter into a behavioral contract with the School.The parents or legal guardians of the student shall also enterinto a parental involvement contract with the School. Thestudent shall commit to the performance of a minimum of 75hours of community service. The student and parents or legalguardians shall establish goals for the student during the timeof the student's enrollment at the School. If the student orparent breaks the behavioral or involvement contracts, or ifthestudent does not meet his/her goals or community serviceobligations, then the student will be expelled from the Schooland from the District's schools.

h. Approvals. The student's application must be approved by theSchool administration, the School board of. diJ~ctors, theSchool Board, the Superintendent, and the(Prflicipal whorecommended the student for expulsion.

B. ESE Students

1. Students with Disabilities. Exceptional students shall be providedwith programs implemented in accordance with Federal, State, andlocal policies and procedures:

a. The Individuals with Disabilities Education Act (IDEA) and itsimplementing regulations.

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b. Section 504 of the Rehabilitation Act of 1973, and the OsceolaCounty policies and procedures for §504.

c. Americans with Disabilities Act.

d. Florida's Education Equity Act.

e. Chapter 6A-6 of the Florida Administrative Code, and certainrul~s under Chapter 6A-1, FAC pertaining to confidentiality ofrecords, testing programs and course modifications.

f. The Osceola County Special Programs and ProceduresDocument.

g. The Osceola County Admission and Placement Manual and itsaccompanying forms.

h. Appropriate sections of the Osceola County Pupil ProgressionPlan dealing with exceptional students.

I. Appropriate sections of the Osceola County Code of StudentConduct dealing with discipline of exceptional students.

2. The programs shall include, but are not limited to, providing thefollowing:

,.

a.

b.

c.

a non-discriminatory policy regarding placement, assessmentidentification, and selection;

free appropriate public education; and

individual educational plans ("IEP") which. inclupe an IEPmeeting with the student's family. Students with disabilities willbe educated in the least restrictive environment and will besegregated only if the nature and severity of the disabilities issuch that education in regular classes with the use ofsupplementary aides and services cannot be achievedsatisfactorily. It is the School's goal to place students in anenvironment where they can flourish. Those students whoseneeds cannot be adequately addressed at the School will beappropriately referred.

The School staff will work closely, and as early aspossible in the planning and development stages with theSchool District staff to discuss the needed services of the

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3.

4.

5.

6.

7.

8.

9.

School's students with disabilities. Parents with students withdisabilities will be afforded the procedural safeguards requiredbylaw.

The School will work closely with the Scho<?1Board in planning anddeveloping programs for ESE, including but not limited to participatingin planning activities for the IDEA grants.

The School will follow the School Board's Special Programs andProcedures Document and the Admissions and Placement Manualand forms, with respect to any activity involving referral of students,initial referrals, initial evaluations, reevaluations, transfers in and out,staffing, IEPs, dismissals, reassignments, surrogate parents,procedural safeguards and the due process provisions.

The School will complete federal and state reports in accordance withthe time lines and specifications of the School Board and theDepartment of Education.

The School will notify and invite the School Board to each staffingand IEP meeting, by giving at least two weeks prior notice, with a copyof the Parent Participation Form, by mail or given in person.

The School will make available the amount of regular education andspecial education and related services listed on each student's IEP.Also, the School will make available appropriate inclusionenvironments as may be stated on the student's IEP.

The School will assist and cooperate with the School Board in anylegal or quasi-legal activity in connection with an ESE studentattending or admitted to the School, such as a due process hearingrequest or formal complaint.

Failure to comply with the laws and regulations regarding rights ofdisabled students will be considered a breach under paragraph I. B.of this Contract, and good cause to terminate.

C. ESOL Students

••

1. Students at the School who are of limited proficiency in English will beserved by English Speakers of Other Languages (ESOL) endorsedpersonnel or teachers otherwise in compliance with DOE rules byworking towards such ESOL endorsement. The School will meet therequirements of the League of the United Latin American Citizens(LULAC) v. State Board of Education Consent Decree.

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D. Enrollment Process

1. The School shall be open to any eligible student residing in theDistrict as specified in paragraph III(A) of th.is Charter.

2. The School agrees to enroll any eligible student who submits a timelyapplication. However, if the number of applications exceeds thecapacity of a program, class, grade level, or building, all applicantsshall have an equal chance of being admitted through a randomlottery. Preference may be given to students at risk.

3. Enrollment is subject to compliance with the provisions of §§232.0315and 232.032, Florida Statutes, concerning school entry healthexamination and immunizations.

4. The number of students in the School shall not exceed 250, unlessthe School Board agrees otherwise.

E. Discipline

1. The School agrees to maintain a safe learning environment at alltimes. The School shall be guided by Florida state law and theSchool Board's policies in the development of the School'sdisciplinary policies. Nothing herein shall prohibit the Charter Schoolfrom adopting more strict disciplinary rules to the extent permitted bylaw.

2. School students may be expelled by the School Board upon arecommendation by the School. Any of the following behaviors aregrounds for disciplinary action which may lead to possible expulsionof the student:

a. Use, possession or sale of controlled substances, as definedin Chapter 893, Florida Statutes, or use, possession or sale ofelectronic pagers, alcohol, or counterfeit drugs that would beprohibited if genuine, by any student while the student is onschool property or in attendance at a school function orsponsored event.

b. Possession of a firearm, knife, other weapon, or an item whichmay be used as a weapon or to harm another (such asexplosives, inflammables, acids and other chemicals andpoison) by any student while the student is on school propertyor in attendance at a school function or sponsored event. This

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c.

policy shall apply equally with regard to any facsimile of afirearm, knife, otherweapon, or an item which may be used asa weapon or to harm another.

Violence against any school personnel or another student.

d. Sexual harassment.

e. Vandalism (defacing, misuse of property) or Theft.

f. The attempt to do or participation in a conspiracy to doanything covered in subparagraphs a-e above.

g. The School may expand this list in the development of it'sdisciplinary policy. Further, the School shall apply the SchoolBoard of Osceola County policy regarding pagers inimplementation of its disciplinary policy at the School.

3. The School agrees to comply with the federal Gun Free Schools Actof 1994, and the state's Zero Tolerance regulations, and any otherapplicable state and/or federal law pertaining to the health, safety,and welfare of students.

F. Extracurricular Activity

1. Students at the School will be eligible for participation inextracurricular activities and athletic opportunities at the School in thesame manner as other schools in the District to the extent suchprograms or sports are offered. Nothing herein prohibits the Schoolfrom imposing stricter requirements for participation in extracurricularactivities.

G. Student Records

1. The School will insure that all student records are kept confidential asrequired by applicable law.

2. The School agrees to report its student enrollment to the SchoolBoard as required in §236.081, Florida Statutes, and in accordancewith the definitions in §236.013, Florida Statutes, at the agreed uponintervals and using the method used by the District when recording

. and reporting cost data by program. The School Board agrees toinclude the School's enrollment in the District's report of studentenrollment. In order to receive full FTE funding, the School shallprovide all required information within the same time schedule

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required for other Osceola County Schools. The School shall berequired to input its data into the School Board's TERMS database.The School shall also have a computer terminal connected to theSchool Board's TERMS database at its site. If the School submits

data relevant to FTE funding that is later det~rmined through the auditprocedure to be inaccurate, the School shall be responsible for anyreimbursement to the State for such inaccuracies, errors oromissions.

3. The School Board agrees to utilize its existing automated reportingsystem to input data required for various reports required by theDepartment of Education. The School agrees to provide thenecessary data required in a format acceptable for transmission toTallahassee. The data elements shall include the following.

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p. Student Lunch Information as Required

The School Board may modify the required data elements andthe parties will work cooperatively so that the proper data istransmitted.

IV. Financial Accountability

A. Revenue

.,

1. Funding. The School Board agrees to pay the School for eligiblestudents enrolled in and taught by the School in accordance with theCharter School Legislation. Students enrolled in the School shall befunded as if in a basic program or a special program, the same asstudents enrolled in other public schools in the District. The Schoolshall report its student enrollment to the School Board as required in§236.081, Florida Statutes. The School Board shall include theSchool's enrollment in the School Board's enrollment. Total fundingfor the School will be recalculated during the year to reflect therevised calculations under the Florida Education Finance Program bythe state and the actual weighted FTE students reported by theSchool during the FTE student survey periods designated by theCommissioner of Education. Funding for student enrollment in theSchool shall be the sum of District operating funds from the FloridaEducation Finance Program (FEFP), as provided in §236.081, FloridaStatutes, and the General Appropriations Act, including gross stateand local funds, discretionary lottery funds, and discretionaryoperating millage funds divided by total district funded weighted full­time-equivalent (WFTE) students times the weighted full-time­equivalent (FTE) for students enrolled and counted in the School.Whenever the School's students or programs meet the eligibilitycriteria, the School shall also receive its proportionate share ofcategorical programs funds included in the FEFP,' excludingtransportation. The School shall provide the School Board withdocumentation that categorical funds received by the School wereexpended for purposes for which the categorical were established bythe Legislature.

2. Federal Funding. Any eligible student enrolled in the School shall beprovided Federal funds for the same level of service as provided othereligible students in the schools operated by the School Board. TheSchool will comply with all guidelines, requirements and conditions forthe receipt of the federal funding as applies to other District schools.

3. Funding Adjustment. Total funding shall be recalculated during theschool year to reflect actual WFTE students reported by the School

Page 17 of 35

during the FTE student survey periods. Additionally, funding for theSchool shall be adjusted during the year as follows:

a. In the event of a state holdback or a proration which reducesdistrict funding, the School's funding will be reducedproportionately ..

b. In the event that the District exceeds the state cap for WFTEfor.Group 2 programs established by the Legislature, resultingin unfunded WFTE for the District, then the School's fundingshall be reduced to reflect its proportional share of anyunfunded WFTE.

Should the School Board receive notice of an FTE fundingadjustment which is attributable to substantial noncompliance by theSchool, the School Board shall deduct such assessed amount fromthe next available payment otherwise due the School. In the eventthat the assessment is charged near the end of or after the term ofthe Charter where no further payments are due the School, theSchool Board shall provide prompt notice to the School and requestreimbursement within thirty (30) working days.

4. Fund Availability. The performance by the School Board of itsobligations under this Contract shall be subject to and contingent onthe availability of monies lawfully appropriated for such purposes.

B. Administration and Management

1. Initial Costs. The School agrees to provide reasonable proof of itsability to fund the initial startup of the School. The School agrees todemonstrate sufficient capital reserves or a letter of credit equal totwo month's operating revenue to insure adequate per studentfunding prior to FTE counts or such greater amoUht ~~asmay berequired pursuant to the terms of any other agreement or financingdocument related to the development or operation of the School.

2. Administrative Fee. The School will provide monthly invoices to the.School Board. The amount of the invoices shall be determined inaccordance with this Charter, the Charter Legislation and applicableState and School Board rules and policies. The School Board shallretain an administrative fee of 5% of the available public funds for theadministration of this Charter, including processing the applicationand on-going monitoring. Exhibit D to this Charter sets forth specificservices the School District will provide as consideration for theAdministrative Fee.

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3. Standard Accounts. The School shall maintain all financial recordswhich constitute their accounting system in accordance with theaccounts and codes prescribed in the most recent issuance of thepublication titled "Financial and Program Cost Accounting andReporting for Florida Schools." Federal, state, and local funds shallbe maintained according to existing mandates and practices, i.e.separate funds and bank accounts for federal funds and state andlocal funds.

4. Financial Reports.

a. The School will provide a monthly financial report to the SchoolBoard, to be delivered to the School Board no later than thetwentieth (20th) day of the following month. These financialreports shall be cumulative, and in the format prescribed by theSchool Board's finance department. The report shall includerevenue and expenditure information in detail commensuratewith the original budget. As such, it shall have individualcolumns for:

(1) the budget

(2) revenues and expenditures, month-to-date

(3) revenues and expenditures, year-to-date

(4) the budget balance (excess or deficiency of budgetedto actual)

.,

b. The School shall provide the School Board with annualfinancial reports. These reports must include a complete set offinancial statements and notes prepared in cibcoroance withGenerally Accepted Accounting Principles in the state requiredformats for inclusion in the School Board's financial

statements, formatted by revenue source and expendituresand detailed by function and object by the following time line:

(1) unaudited statements: no later than August 20th ofeach year; and

(2) audited statements: no later than September 20th ofeach year.

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5. Financial Audit. The financial audit shall be performed by a qualifiedcertified public accountant who is approved by the School Board andpaid for by the School. The audit shall be performed in accordancewith Generally Accepted Auditing Standards; Government AuditingStandards, issued by the Comptroller General of the United States;and the Rules of the Auditor General, State of Florida. The auditedreport will show all revenues received from all sources and allexpenditures for services rendered. The School Board reserves theright to perform additional audits as part of its financial monitoringresponsihilities whenever it deems it necessary, at its own expense.

The funding for any subsequent year or Charter extension ifapproved by the School Board, shall be contingent upon the receiptand subsequent review and approval of the audit of the School Board.

~...

6. Transportation/Food Service. The parties agree that transportationand food service will be provided by the School in a manner which isacceptable to the School Board.

a. Transportation. The School agrees to provide transportationservices transportation for the School's students consistentwith the requirements of Chapter 234, Florida Statutes.Transportation shall not be a bar to the attendance of anystudent who is eligible and who resides within a reasonabledistance from the School. The School and the District's

Director of Transportation shall annually adopt and implementa plan for providing transportation services to students. Theadditional costs associated with the transportation provided bythe District will be determined by the District's Director ofTransportation and shall be paid by the School. It isanticipated that students attending the School will be picked upat their zoned schools and transported to the School facility.

-~.'. *'~-;..

•"'

b. Food Service. The School Board will provide food service tostudents at the School which is substantially the same as thefood service provided to other students in the District. TheSchool students will pay for the food service in the samemanner as other District students. The School is responsiblefor collecting money due from the students for the food serviceand remitting it to the District's Director of Food Service. Thecosts for the transportation of the food to the School facility willbe borne by the School. The District's Director of Food Servicewill process and calculate the documentation necessary formeal pattern reimbursement. The details of the Food ServiceProgram will be determined annually by the District's Directorof Food Service and the School.

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7.

8.

Third Party Contracts. Any contract entered into between theSchool and a third party must provide that the third party is notentering into a contract with the School Board.

Payment. Distribution offunds to the Schaal shall begin in July 2001.The School Board shall pay the School one-twelfth of the availablefunds as set forth in IV(A) less the 5% administrative fee within tenworking days of receipt by the School Board of a distribution of Stateor local funds. If payment of an invoice is not made within 30 workingdays after receipt by the School Board, the School Board shall pay tothe School, in addition to the amount of the invoice, interest at therate of one (1) percent per month calculated on a daily basis on theunpaid balance from the expiration of the 30 day period until suchtime as the payment is made.

9. School Board Personnel Services. The parties agree that theSchool may utilize the services of the School Board in specializedareas such as ESE testing, etc. The School Board will charge theSchool for services agreed upon by the parties and provided by theSchool Board at the actual hourly rate plus benefits of the SchoolBoard's personnel performing such services multiplied by number ofactual hours providing such services. Exhibit 0, attached hereto,provides specific details of the services which may be purchased.

The School Board will invoice the School monthly for theseservices. The School shall issue payment no later than thirty (30)working days after receipt of an invoice. If payment of an invoice isnot issued within thirty (30) working days after receipt by the School,the School shall pay to the School Board, in addition to the amount ofthe invoice, interest at a rate of one (1) percent per month calculatedon a daily basis on the unpaid balance from the expiration ofthe thirty(30) day period until such time as the payment is mciHe.••",

10. Reports/Right to Inspect. The parties agree that the School Board,with reasonable notice, may request and the School shall providereports on School operations and student performance. The SchoolBoard has the right to inspect all records of students attending theSchool upon reasonable notice. The School shall take any measuresnecessary to insure that the School Board has access to thoserecords.

11. Additional Requirements. The School Board and School willadhere to any additional requirements mandated by the FloridaDepartment of Education or required as the result of a charge inFlorida Law.

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C. Facilities

2. Standards. The School shall utilize facilities which comply with theFlorida Building Code, pursuant to Chapter 553, Florida Statutes, andthe Florida Fire Prevention Code, pursuant to Chapter 633, FloridaStatutes.

1. Location. The School facilities will be located at 4900 Pleasant HillRoad, Poinciana, FL 34759.

3. Documentation. The School agrees to provide the School Boardwith documentation regarding the School's property interest, as owneror lessee in the property and facility where the School will operate. Ifthe School does not own the property and facility, the School mustshow proof of an executed lease 60 days before the initial openingday of classes.

4. Certification. The School will show proof of the appropriate facilitycertification, including all certificates that are required by theapplicable building codes, before the initial opening day of classes.If the School does not have the appropriate certification by the initialopening day of classes, this Charter shall terminate. The Applicationshall be deemed approved for the next school year, and the partieswill renegotiate another Charter. Any lack of compliance with therequirements of this section shall be good cause to terminate thisCharter.

5. Right to Inspect. The School will allow the School Board to inspectthe facilities at reasonable times to ensure compliance.

D. Insurance

1. Indemnification

a. School Indemnification and Hold Harmless. The School,hereby does indemnify and hold harmless, and agrees todefend with competent counsel, and agrees to hold the SchoolBoard, its members, officers, employees, and agents,harmless from any and all claims, actions, costs, expenses,damages and liabilities, including reasonable attorney's fees atthe trial, appellate, and administrative level arising out of,connected with or resulting from:

(1) the negligence, intentional wrongful act, misconduct orculpability of the School's employees or other agents inconnection with or arising out of their services;

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(2)

(3)

the School's breach of this Charter or violation of law;

any failure by the School to pay its suppliers or anysubcontractors;

.i

(4) any failure to perform any imposed or required duty; or,

(5) any actual or alleged infringement of patent, copyright,or other proprietary rights in any material, process,machine or appliance used by the School.

However, the School shall not be obligated to indemnifythe School Board, against claims, damages, expenses orliabilities to the extent these may result from the negligence ofthe School Board, its directors, officers, employees,subcontractors, or others acting on its behalf other than theSchool, its directors, officers, employees, subcontractors, andsuppliers. The duty to hold harmless and indemnify willcontinue in full force and effect notwithstanding the expirationor early termination of this Charter.

b. No waiver of sovereign immunity: Notwithstanding anything tothe contrary contained herein, the School does not waivesovereign immunity to the extent sovereign immunity isavailable, and any obligation of the School to indemnify,defend or hold harmless the School Board as stated above

shall extend only to the limits, if any, permitted by Florida lawand shall be subject to the monetary limitations established by§768.28 Fla. Stats. to the extent applicable.

c. School Board Indemnification and Hold Harmless. To the

extent permitted by law, the School Board agr~es to indemnify,defend with competent counsel selected by the School Boardand agrees to hold the School, its members, officers,employees, and agents, harmless from any and all claims,actions, costs, expenses, damages, and liabilities, includingreasonable attorneys' fees, arising out of, connected with orresulting from:

(1) the negligence, intentional wrongful act, misconduct orculpability of the School Board's employees or otheragents in connection with and arising out of theirservices within the scope of this agreement; and

(2) the School Board's material breach of this Charter orlaw.

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However, the School Board shall not be obligated toindemnify the School, against claims, damages, expenses orliabilities to the extent these may result from the negligence ofthe School, its directors, officers, employees, subcontractors,or others acting on its behalf other than the School Board, itsdirectors, officers, employees, subcontractors, and suppliers.

d. No Waiver of Sovereign Immunity. Notwithstanding anythingto the contrary contained herein, the School Board does nothereby waive any of its sovereign immunity and any obligationof the School Board to indemnify, defend or hold harmless theSchool as stated above shall extend only to the limits permittedby law, and shall be subject to the monetary limitationsestablished by §768.28, Florida Statutes.

e. Notification. The School and the School Board shall notifyeach other of the existence of any third party claim, demand orother action giving rise to a claim for indemnification under thisprovision (a "Third Party Claim") and shall give it a reasonableopportunity to defend the same at its own expense and with itsown counsel, provided that the School or the School Boardshall at all times have the right to participate in such defenseat its own expense. If, within a reasonable amount of timeafter receipt of notice of a Third Party Claim, the School or theSchool Board shall fail to undertake to so defend, the otherparty shall have the right, but not the obligation, to defend andto compromise or settle (exercising reasonable businessjudgment) the Third Party Claim for the account and at the riskand expense of the School or the School Board which theyagree to assume. The School and the School Board shallmake available to each other, at their expense suchinformation and assistance as each shall requ~st in Connectionwith the defense of a Third Party claim.

2. Evidence of Insurance. The School shall provide evidence of suchinsurance in the following manner:

,.

a. Certificates of Insurance, Additional Insured. As evidence ofcompliance with the insurance required by this Charter, theSchool shall furnish the School Board with fully completedcertificate(s) of insurance signed by an authorizedrepresentative ofthe insurer(s) confirming the coverage beginsbefore the initial opening day of classes. The certificates shallbe issued to the School Board and name the School Board asan additional insured.

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b. Notification of Cancellation. Each certificate of insurance shallprovide that the School Board be given no less than sixty (60)days written notice prior to cancellation.

c. Renewal/Replacement. Until such time as the insurance is nolonger required to be maintained by the School, the Schoolshall provide the School Board with evidence of the renewal orreplacement of the insurance no less than sixty (60) daysbefore the expiration or termination of the required insurancefor which evidence was provided.

3. Insurance CoverageReauirements.

a. Without limiting any of the other obligations or liabilities of theSchool, the School shall atthe School's sole expense, procure,maintain and keep in force the amounts and types of insuranceconforming to the Minimum Requirements set forth in thefollowing subparagraph. Except as otherwise specified in thisCharter, the insurance shall commence prior to thecommencement of the opening of the School and shall bemaintained in force, without interruption, until this Charter isterminated.

b. Minimum Requirements. Insurers providing the insurancerequired by the School by this Charter must meet the followingminimum requirements:

(1) Be authorized by the Department of Insurance of theState of Florida, or an eligible surplus lines insurerunder Florida Statutes. In addition, the insurer musthave a Best's Rating of "A_" or better and a FinancialSize Category of "VI" or better, accordlhg 1:b the latestedition of Best's Key Rating Guide, published by A.M.Best Company.

(2) If, during this period when an insurer is providing theinsurance as required by this Charter, an insurer shallfail to comply with the foregoing minimum requirements,as soon as the School has knowledge of any suchfailure, the School shall immediately notify the SchoolBoard and immediately replace the insurance providedby the insurer with an insurer meeting the requirements.

c. Other Insurance. The insurance provided by the School shallapply on a primary basis and any other insurance or self-

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insurance maintained by the School Board or its members,officers, employees or agents, shall be in excess of theinsurance provided by or on behalf of the School.

d. Deductible. Self-Insurance. Except as otherwise specified, theinsurance maintained by the School shall apply on a first dollarbasis without application of a deductible or self-insuranceretention.

e. Other Remedies. Compliance with the insurance requirementsof this Charter shall not limit the liability of the School, itssubcontractors, its sub-contractors, its employees or its agentsto the Board or others. Any remedy provided to the Board orits members, officers, employees or agents by the insuranceshall be in addition to and not in lieu of any other remedyavailable under this Charter or otherwise.

f. School Subcontractors. The School shall require itssubcontractors and its sub-subcontractors to maintain any andall insurance required by law. Except to the extent required bylaw, this Charter does not establish minimum insurancerequirements for subcontractors or sub-subcontractors.

g. No Waiver. Neither approval by the School Board nor failureto disapprove the insurance furnished by the School shallrelieve the School of the School's full responsibility to providethe insurance as required by this Charter.

h. Default. The School shall be in default of this Charter forfailure to maintain such insurance as required by this Charter.

4. Commercial General Liability Insurance. Except as otherwiseprovided, the Commercial General Liability Insurance:"pro~lded by theSchool shall conform to the following requirements:

a. The School's insurance shall cover the School for thosesources of liability (including, but not by way of limitation,coverage for operations, Products/Completed Operations,independent contractors, and liability contractually assumed)which would be covered by the latest occurrence form editionof the standard Commercial General Liability Coverage Form(ISO Form CGOO01), as filed for use in the State of Florida bythe Insurance Services office.

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b. The minimum limits to be maintained by the School (inclusiveof any amounts provided by an umbrella or excess policy) shallbe $1 million per occurrence/$3 million annual aggregate.

c. Except with respect to coverage for Property Damage Liability,the Commercial General Liability coverage shall apply on firstdollar basis without application of any deductible or self­insured retention. The coverage for Property Damage Liabilitym?y be subject to a maximum deductible of $1,000 peroccurrence.

d. The School shall include the School Board and its members,officers and employees as "Additional Insured" on the requiredCommercial General Liability Insurance. The coverageafforded such Additional Insured shall be no more restrictive

than that which would be afforded by adding the Board asAdditional Insured using the latest Additional insured - Owners,Lessees or Contractors (Form B) Endorsement (ISO Form CG20 10). The certificate of insurance shall be clearly marked toreflect "The School Board, its members, officers, employeesand agents as additional insured".

5. Automobile Liability Insurance. The Automobile Liability Insuranceprovided by the School shall conform to the following requirements:

a. The School's insurance shall cover the School for those

sources of liability which would be covered by Section \I of thelatest occurrence edition of the standard Business Auto Policy(ISO Form CA 00 01), including coverage for liabilitycontractually assumed, as filed for use in the State of Floridaby the Insurance Service Office.

b. Coverage shall be included on all owned, non~owried and hiredautos used in connection with this Charter.

c. The minimum limits to be maintained by the School (inclusiveof any amounts provided by an umbrella or excess policy) shallbe $1 million per occurrence, and if subject to an annualaggregate, $3 million annual aggregate.

6. Workers' Compensation/.Employer's Liability. The Workers'Compensation/Employers' Liability Insurance provided by the Schoolshall conform to the following requirements:

a. The School's insurance shall cover the School (and to theextent its subcontractors and its sub-subcontractors are nototherwise insured, its subcontractors and sub-subcontractors)

Page 27 of 35

for those sources of liability which would be covered by thelatest edition of the standard Workers' Compensation Policy,as filed for use in Florida by the National Council onCompensation Insurance, without restrictive endorsements. Inaddition to coverage for the Florida ,Workers' CompensationAct, where appropriate, coverage is to be included for theFederal Employers' Liability and any other applicable federalor state law.

b. Subject to the restrictions found in the standard Workers'Compensation Policy, there shall be no maximum limit on theamount of coverage for liability imposed by the FloridaWorkers' Compensation Act or any other coverage customarilyinsured under Part One of the standard Workers'Compensation Policy. The minimum amount of coverage forthose coverage's customarily insured under Part Two of thestandard Workers' Compensation Policy (inclusive of anyamounts provided by any umbrella or excess policy) shall be$1 million per occurrence/$3 million annual aggregate.

7. School leader's Errors & Omissions Insurance. The School shall

provide, subject to reasonable commercial availability, the Schoolleader's Errors & Omissions Liability Insurance conforming to thefollowing requirements:

a. The School leader's Errors & Omissions Liability Insuranceshall be on a form acceptable to the School Board and shallcover the School for those sources of liability typically insuredby School leader's Errors & Omissions Insurance (E&O), suchas School leaders' Errors and Omissions policies offered bythe National Union Fire Insurance Co. of Pennsylvania arisingout of the rendering or failure to render professional servicesin the performance of this Charter, includin~f-all pOrovisionsofindemnification which is part of this Charter.

b. The insurance shall be subject to a maximum deductible not toexceed $25,000 per claim.

c. If on a claims made basis, the School shall maintain, withoutinterruption, the E&O Liability Insurance until (3) three yearsafter termination of this Charter.

d. The minimum limits to be maintained by the School (Inclusiveof any amounts provided by an umbrella or excess policy) shallbe $1 million per c1aiml $3 million annual aggregate.

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e. If the School Leaders' E&O liability insurance required herebyis not reasonably commercially available, the School shallprovide Officers, directors and Employees Errors andOmissions liability insurance in lieu thereof with the sameminimum limits of coverage as s~t forth above. If thisinsurance is on a claims made basis, the School shallmaintain, without interruption, the insurance until three (3)years after termination of this Charter.

8. Property Insurance. The School shall maintain hazard insurance onits own property during the term of this Charter. The School shallaccept all risk of loss for said property by providing proof of the RiskReplacement Cost Property Insurance of limits commensurate withthe replacement cost of property and the School Board shall be listedas a loss payee.

9. Fidelity Bonding. The School shall bond all officers, directors, andemployees of the School who have authority to receive, expend orhandle in any manner School funds or property. The bonds shall bein the same amount as officers, directors and employees of theSchool Board.

E. Governance Structure

1. Non-Profit Corporation. As indicated in the approved Applicationwhich is attached and made a part hereof as Exhibit A, the Schoolhas been organized as a non-profit organization. The School shallmaintain a tax exempt status.

2. Public Employer. The School will operate as a public employer.

3. Board of Directors. The School will be governed ~nd Rperated asset forth in the approved Application, which is attacheahereto andmade a part hereof as Exhibit A, under the direction and control of itsBoard of Directors.

V. Human Resources

A. Employment

1. Employee Selection. The parties to this Charter agree that theSchool shall select its own employees.

2. Non Sectarian. Non-Discrimination. The School agrees that itsemployment practices shall be nonsectarian and non-discriminatory.

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3. Certification. Teachers employed by or under contract to the Schoolshall be certified as required by Chapter 231, Florida Statutes. TheSchool may employ or contract with skilled selected non-certifiedpersonnel to provide instructional services or to assist instructionalstaff members as teacher aides in the sam~ manner as permitted in§231.15, Florida Statutes and/or the Charter Legislation. The Schoolwill not employ an individual to provide instructional services if theindividual certificate or licensure as an educator is suspended orrevoked in Florida or in any other state.

4. Disclosure. The School agrees to disclose to the parents and theSchool Board the qualifications of its teachers.

5. Fingerprinting. Background. The School agrees to fingerprint allemployees using the same procedures as School Board employees.The School shall check the backgrounds of all employees inaccordance with School Board of Osceola County's Rules and FloridaStatutes, including pre-employment drug testing and the Drug FreeWorkplace Policy.

6. School Policy. The School agrees to implement the practices andprocedures for hiring and dismissal; policies governing salaries,contracts and benefits packages; and the targeted staff size, staffingplan, and projected student-teacher ratio as described in theApplication.

B. Public Emplovees

1. The School will be a public employer. Under this arrangement, theteachers would be public employees. Employees of the SchoolBoard may take leave without pay to accept employment with theSchool upon the approval of the School Board. Wl]jJe ~tnployed bythe School and on leave that is approved by the School-Board, theemployee may retain seniority accrued with the School Board andmay continue to be covered by the benefit programs of the SchoolBoard, if the School and the School Board agree to this arrangementand its financing. This paragraph shall not prohibit the School Boardfrom approving alternative leave arrangements consistent withChapter 231, Florida Statutes.

C. Substitute Teachers

1. The School has the option of utilizing substitute teachers from theSchool Board's substitute teacher list. If the School exercises thisoption, it must pay the same rate as the School Board, and pay allwages directly to the substitute teacher.

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VI. Miscellaneous Provisions

1. Act of God. Neither party shall be in default of this Charter, if theperformance of any part or all of this Chart~r is prevented, delayed,hindered or otherwise made impracticable or impossible by reason ofany strike, flood, hurricane, riot, fire, explosion, war, act of God,sabotage, accident or any other casualty or cause beyond eitherparty's control, and which cannot be overcome by reasonablediligence and without unusual expense.

2. Assignment. This Charter shall not be assigned by either partywithout the prior written consent of the other party. The School may,without the consent of the School Board enter into contracts forservices with an individual or group of individuals organized as apartnership or cooperative.

3. Survival. All representations and warranties made herein shallsurvive termination of this Charter.

4. Legal Representation. The School and the School Board bothrepresent that they have been represented in connection with anegotiation and execution of this Charter and are satisfied with therepresentation.

5. Default. It shall be an event of default hereunder if any party fails toperform its obligation hereunder or fails to abide by any of itspromises and covenants hereunder. Default will be good cause fortermination as provided in paragraph I.B.7.

6. Representations and Warranties. Each party warrants andrepresents, with respect to itself, that neither the ~_xe~4tionof thisCharter nor performance of the obligations contemplated nereby, shallviolate any legal requirement, result in or constitute a breach ordefault under any indenture, contract, or other commitment orrestriction to which it is a party or by which it is bound, or require anyconsent, vote or approval which has not been obtained, or at theappropriate time shall not have been given or obtained. Each partycovenants that it has and will continue to have throughout the term ofthis Charter full right and authority to enter into this Charter and toperform its obligations hereunder, and each party agrees to supply tothe other party, upon request, evidence of such right and authority.

7. Binding Effect. Each and all of the covenants, terms and provisionscontained herein shall be binding upon and inure to the benefit of theparties hereto and their respective assigns, successors, subsidiaries,

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8.

affiliates, holding companies and legal representatives, as allowed inthis Charter.

Notice. All notices to be given hereunder shall be in writing, and allpayments to be made hereunder shall b~ by check, and may beserved by hand delivery, express delivery or by depositing the samein the United States mail addressed to the party to be notified,postpaid, and certified with return receipt requested. Notice given inany manQer shall be effective only if and when received by the partyto be notified. All notices to be given to the parties hereto shall besent to or delivered at the addresses set forth below:

If to School Board:

With copy to:

If to School:

Blaine A. Muse, SuperintendentSchool District of Osceola County, Florida817 Bill Beck BoulevardKissimmee, FL 34744Telephone: (407) 870-4600Facsimile: (407) 870-4658

Usher L. Brown, EsquireBrown, Ward, Salzman & Weiss, P.A.Two Landmark Center225 Robinson Street, Suite 660Orlando, FL 32801Telephone: (407) 425-9566Facsimile: (407) 425-9596

New Dimensions High School, Inc.clo Michael Magruder203 S. Clyde AvenueKissimmee, FL 34741-5615Telephone: (407) 870-8~pO .0

Facsimile: (407) 870-9899 •..

9.

By giving the other party at least fifteen (15) days written noticethereof, a party may change its address and specify its new addressfor the purposes stated herein, and/or to notify the change of attorney.

No Waiver. No consent to or waiver of any breach or default by theother in the performance of any obligation hereunder shall be deemedor construed to be consented to or waiver of any other breach ordefault. Except as otherwise provided herein, failure on the part ofany party hereto to complain of any act or failure to act by the otherparty or to declare the other party in default hereunder, irrespectiveof how long such failure continues, shall not constitute a waiver of therights of such party hereunder.

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10. Counterparts. This Charter may be executed in one or morecounterparts, each of which shall be deemed an original and all ofwhich, taken together, shall be construed as a single instrument.

11. Captions. The captions used for the Seqtions in this Charter areinserted only as a matter of convenience and for reference, and in noway define, limit, or describe the scope or the intent of this Charter orany Article or Section hereof.

12. Gender. etc. Unless the context clearly indicates to the contrary,words singular or plural in number shall be deemed to include theother, and pronouns having a neuter, masculine, or feminine gendershall be deemed to include the others.

13. Severability. In the event any of the foregoing provisions of thisCharter are determined by a court of competent jurisdiction to beillegal or unenforceable, then such unenforceable or unlawfulprovision shall be excised here from, and the remainder of thisCharter will continue in full force and effect. Notwithstanding theforegoing, if the result of the deletion of such provision will materiallyand adversely affect the rights of a party hereunder, such party mayelect, at its option, to terminate this Charter in its entirety.

14. Cumulative Rights. All rights, powers, remedies, benefits, andprivileges available under any provision of this Charter to any partyhereunder is in addition to any cumulative of any and all rights,powers, remedies, benefits, and privileges available to such partyunder all other provisions of this Charter, at law or in equity.

15. Governinq Law and Venue. This Charter shall be governed by andconstrued under the laws ofthe State of Florida and the United States

of America. Except for a suit in Federal Court, 9~c~9Ia County,Florida, shall be the proper place of venue for all suifs to 'enforce thisCharter. Any legal proceeding arising out of or in connection with thisCharter shall be brought in the circuit courts of Osceola County,Florida, or if appropriate, the United States District Court for theMiddle District of Florida, Orlando, Division.

16. Further Assurances. Whenever any review or approval is requiredby any party hereunder, such party agrees that such review orapproval will be promptly and expeditiously prosecuted to conclusion.The parties hereto agree to execute any and all further instrumentsand documents, and take all such action as may be reasonablyrequired by either party to effectuate the terms and provisions of thisCharter and the transactions contemplated herein.

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17. No Partnership, Joint Venture. It is understood and agreed thatnothing contained in this Charter shall be deemed or construed ascreating a partnership or joint venture between the School Board andSchool or any other party, or cause either party to be responsible inany way for the debts and obligations of the other party.

18. Third Party Beneficiary. This Charter is not intended to create anyrights of a third party beneficiary. There are no third partybeneficiaries created hereby.

19. No Construction Against Drafter. Each of the parties hereto hasbeen represented by legal counsel who have had ample opportunityto, and have, participated in the drafting of this Charter. Therefore,this Charter shall not be construed more favorably or unfavorablyagainst any party.

20. Waiver of Jury Trial. The parties waive trial by jury in the event ofany litigation between the parties regarding any matter related to thisCharter or the School.

21. Mediation. Any conflict arising out of this Charter may proceed tonon-binding mediation. If an agreement is not reached throughmediation, the issue may proceed to the appropriate judicial forum.

22. Attorneys' Fees. In the event of any conflict, each party shall bearthe costs of their own attorneys' fees.

23. Entire Agreement. This Charter constitutes the entire agreementbetween the parties hereto with respect to the matters coveredhereby. All prior negotiations, representations, and agreements withrespect thereto not incorporated in this Charter are hereby canceled.This Charter can be modified or amended only by a 'v'Yritt~ondocumentduly executed by the parties hereto.~~· ~.

24. Legislative Amendment. Whenever a Florida Statute or State BoardRule is referenced in this Charter, it shall mean the Rule or Statute asit is amended from time to time. The parties agree to work togetherto amend this Charter in the event the Charter School Legislation isamended.

25. Interchangeability of Terms. The terms "School" and "Charter" shallall refer to the governing body responsible for New Dimension HighSchool operation, which is a party to this Charter, as the context ofthe Charter may require.

Page 34 of 35

26. Action Regarding the Status of the Charter .. The School Board ofOsceola County shall have sole responsibility to take any action toenforce this Charter or affect the status of the Charter.

SCHOOL BOARD OF OSCEOLACOUNTY, FLORIDA

By:

By:

Blain~. Muse,Date: 0 3/0/NEW DIMENSIONS HIGH SCHOOL

BY:~~Printe Name: Karen Butler, President

ATTEST:

By:~~i q/j~iff/ ..Printe am_e: J... ~. -:. 'f'I'lF!.l!.oci.Date: __s£P T . 1..:3. dl/)/J II .•

C:IDOCS\o<:sb\Charter Sehools\New DimensionslRen<l\ValCharterContract.mla.wf.?age 35 of 35