UNIVERSITY FF ICE 0 CHARTER CHOOLS Muncie, Indiana 473060618 Phone: 765-285-1336 Fax: 765?285-9873 January 14, 2016 Via Federal Express for Delivery Friday, January 15, 2016 Keisha White, Board President Drexel Foundation for Educational Excellence, Inc. c/o Thea Bowman Leadership Academy 975 West 6th Avenue Gary, IN 46402 Re: Thea Bowman Leadership Academy Dear Mrs. White: During the ?nal year of a charter contract, Ball State University Of?ce of Charter Schools conducts a review of the charter school?s effectiveness in the areas of academic performance, ?nancial performance, and organizational compliance. Such a review of Thea Bowman Leadership Academy was recently performed by Ball State University and included on? site visits to the school by Jamie Garwood, Dr. Brian Carpenter, Georgette Davis and myself. Based on the review of both Thea Bowman Leadership Academy?s performance during the contract term and the school?s renewal application, I have determined that, pursuant to Section 18.03 of the charter contract, Ball State will not renew Thea Bowman Leadership Academy?s charter, because it is no longer in the best interest of the school?s students, Ball State University, or the community at large. Thea Bowman Leadership Academy shall ful?ll its current contract, but will be required to close at the end of the current charter contract on June 30, 2016. Pursuant to Section 18.03 of the contract, the Organizer may request reconsideration of this non?renewal determination. Such a request must be in writing and delivered in accordance with the notice provisions of the organizer?s charter speci?ed in Section 19.02 of the charter contract. The request for reconsideration must be made to the OCS within ten (10) business days after the date of the deemed delivery of the notice of non-renewal. The reconsideration request will result in a hearing before the Ball State University Charter Schools Hearing Panel. Please see attached Reconsideration Procedures for additional information on the process. Keisha White, Board President Drexel Foundation for Educational Excellence, Inc. c/o Thea Bowman Leadership Academy January 14, 2016 Page 2 - If you have any questions as to the renewal of the school?s charter, please feel free to contact me at (765) 285-1336 or ramarra@bsu.edu Sincerely, Robert A. Marra Executive Director Enclosure cc sarita Stevens, School Leader Michael Collins; School Leader President Paul W. Ferguson Provost Terry King Bernard Harmon, Vice President for Business Affairs and Treasurer Julie Halbig, Vice President for Government Relations Dean John E. Jacobson Charter Schools Reconsideration Procedures 1. Initiation of Request for Reconsideration The Charter School Organizer may request reconsideration of a decision by the University not to renew a Charter School?s charter agreement. Such a request must be in writing and delivered in accordance with the notice provisions of the Organizer?s charter within the applicable time frame Speci?ed in this Section 1. Receipt of a fax transmission will be accepted, however, if legible and actually received by the Charter Schools Of?ce within the applicable time frame and if folloived by a request made pursuant to the notice provisions of the charter initiated no later than the date of the fax transmission. The request for reconsideration must be made within ten (10) business days after the date of the deemed delivery of the notice of non-renewal. 11. Membership of Ball State University Charter Schools Hearing Panel Requests for Reconsideration will be made to the Ball State University Charter Schools Hearing Panel, consisting of three persons appointed by the University President, or his or her designee, and shall be persons not previously involved in the decision to issue the notice of intent to not renew. The President will appoint a hearing of?cer (?Hearing Of?cer?) who will establish hearing procedures, convene the Ball State University Charter Schools Hearing Panel, and preside over the hearing process. The Hearing Of?cer is a non-voting participant in the hearing process. Additionally, no one may serve to hear an appeal that has a demonstrated con?ict of interest such as any other previous involvement with the situation, assignment to the same department as any of the principals in the case, business involvement, or relationship to any of the principals. Decisions regarding such con?icts shall be made by the Hearing Of?cer. Ill. Timing A hearing will be scheduled no sooner than ten (10) business days (and generally within twenty (20) business days) after receipt of the request for reconsideration. The University may, however, on its own initiative or upon approving a request from the Organizer, schedule the hearing at any later date prior to termination date of the charter contract, as necessary to accommodate the members of the Ball State University Charter Schools Hearing Panel or to allow proper preparation for the hearing. The Hearing Of?cer, the panel chairperson, and the Executive Director of Charter Schools Of?ce (the Executive Director?) shall mutually determine the time and place of the hearing. IV. Parties Parties participating in the appeal hearing are the Organizer and the DOS Executive Director. V. Notice of Hearing Notice of hearing Shall be given in accordance with notice provisions of the Organizer?s charter. VI. Materials used in Hearing The record submitted to the Ball State University Charter Schools Hearing Panel shall include the President?s recommendation not to renew and any other relevant statements, documents, ?les, records, and materials obtained or considered by the President in his/her determination. The OCS Executive Director and the Organizer must also furnish the Ball State University Charter Schools Hearing Panel at least ?ve (5) business days prior to the date of the hearing a copy of all documents upon which they intend to rely but which are not already a part of the record and a list of all persons who will be attending, including witnesses, legal counsel, if any, and representatives of administration, teachers, parents, and students. Copies of these materials must be distributed to all hearing participants at least three (3) business days prior to the date of the hearing. Additional materials and/or witnesses may not be utilized by either party-at a hearing without the consent of the Ball State University Charter Schools Hearing Panel. VII. Attendance at Hearing The president of the Organizer?s board or his/her designee must attend the appeal hearing and may present witnesses and evidence relevant to the University?s decision not to renew. Organizer may be represented by legal counsel but shall do so at the Organizer?s expense. in addition, the Organizer may bring one representative from each of the following groups:- administration, teachers, parents, and students. Additional attendees may be requested in writing to the Hearing Of?cer prior to the hearing. The OCS Executive Director must attend and may present relevant witnesses and evidence and have present such representatives of the University, as it deems appropriate. The OCS Executive Director may also be represented by legal counsel. Quorum: Ball State University Charter Schools Hearing Panel Actions Three (3) members of the Ball State University Charter SchOols Hearing Panel shall constitute a quorum. All Ball State University Charter Schools Hearing Panel actions shall be taken at a meeting where a quorum is present and shall require the af?rmative vote of a majority of the Ball State University Charter Schools Hearing Panel Board members present and voting. IX. Order of Business of the Ball State University Charter Schools Hearing Panel The Organizer shall be heard ?rst. The Organizer shall present arguments, witnesses, documents, and recommendations to the Ball State University Charter Schools Hearing Panel without interruption from the OCS Executive Director. Members of the Ball State University Charter Schools Hearing Panel may interrupt the presentation to ask questions of clari?cation. Other questions will be held until the end of the presentation. The time limit for the Organizer?s presentation shall not exceed two hours. After the Organizer has stated its case, the OCS Executive Director'shall present arguments, witnesses, documents, and recommendations to the Ball State University Charter Schools Hearing Panel without interruption from the Organizer. Members of the Ball State University Charter Schools Hearing Panel may interrupt the presentation to ask questions of clari?cation. Other questions will be held until the end of the presentation. The time limit for the OCS Executor Director?s presentation shall not exceed two hours. The Organizer shall have no more than ?fteen (15) minutes for ?nal summation. The OCS Executive Director shall have no more than ?fteen (15) minutes for ?nal summation. The hearing shall be called to an end, and the Ball State University Charter Schools Hearing Panel shall begin its con?dential deliberations. X. Use of Witnesses for the Hearing The Organizer or the OCS Executive Director may call witnesses, which may include representatives attending the hearing, as necessary. The time used by witnesses in initial testimony shall be counted as part of the allotted time of the person who calls that witness. Time spent answering any questions by the other party or the Ball State University Charter Schools Hearing Panel shall not be counted as part of the time allotted to the person who calls the witness. The Ball State University Charter Schools Hearing Panel may call or recall persons to give additional testimony concerning the issues involved in the case. XI. Use of Pertinent Papers, Written Testimony, Documents The Organizer and the OCS Executive Director shall each use a letter system to identify and document material submitted'in evidence to the Ball State University Charter Schools Hearing Panel. The Organizer should mark each document with the letter and the OCS Executive Director should mark each document with the letter B. Additional marking symbol systems may be devised to best serve the needs of each party. Both the Organizer and the OCS Executive Director shall have the right to see all written documents presented to the Ball State University Charter Schools Hearing Panel. Papers submitted as testimony or evidence shall be numbered. XII. Conduct of the Ball State University Charter Schools Hearing Panel All remarks made by those participating in the hearing by either party must be directed to the Ball State University Charter Schools Hearing Panel unless the Hearing Of?cer rules otherwise. The Organizer and the OCS Executive Director shall submit all questions in writing to be asked of the other party or any witness to the Hearing Of?cer, who shall direct the questions to the intended party. The Organizer and the OCS Executive Director may submit questions in 'writing to the Hearing Of?cer prior to or during the hearing. The Ball State University Charter Schools Hearing Panel reserves the right to screen questions but generally will do so only to avoid redundancy, repetition, immateriality, or irrelevance. Verbal questions, for procedural clari?cation, that either party wishes to direct will be allowed at the discretion of the Executive Director of University Compliance. Neither party shall interrupt the proceedings but shall signal the attention of the Hearing Of?cer by raising his/her hand. Any person accompanying the Organizer or the OCS Executive Director may speak only to a point of procedure. Such person may advise the party being accompanied, help with papers and documents, and take notes. Participation by legal counsel is limited to providing counsel directly to the Organizer or OCS Executive Director and not a presentation of evidence or arguments to the Ball State University Charter Schools Hearing Panel. The proceedings of the Ball State University Charter Schools Hearing Panel may not be audio or video recorded. Decisions of the Ball State University Charter Schools Hearing Panel The Ball State University Charter Schools Hearing Panel shall issue a written recommendation within ten (10) business days of the hearing date. The Hearing Panel will submit their recommendation to the President of the University. The decision of the President is ?nal. XIV. Additional Procedures The Hearing Of?cer or his/her designee may establish additional procedures for the conduct of hearings in order to ensure that they are conducted in a fair and orderly manner provided that such procedures shall not be inconsistent with the procedures stated herein.