44314 WC?dzcl Orange County Schools Charter Contract Florida Stamte 100133 states: (21 PUBLIC ON CHARTER The Department of Edumtion shall provide information to the public, directly and through sponsors, on how to form and Operate a charter school and how to enroll in a charter school once it is created. This infonnation shall include a standard application format, charter format, evaluation instrument, and charter renewal format, which shall include the information speci?ed in subsection (7) and shall be developed by consulting and negotiating with both school districts and charter schools before implementation. The charter and charter renewal formats shall be used by charter school sponsors. Section 1: General Provisions THE SCHOOL BOARD OF ORANGE COUNTY, FLORIDA THIS CHARTER entered into as of the 10''1 day of April 2012 by and between THE SCHOOL BOARD OF ORANGE COUNTY, a body corporate operating and existing under the Laws of the State of Florida [hereina?er referred to as "Sponsor"], and Sunshine High School Greater Orlando Campus, Inc. d/bfa Sunshine High School Greater Orlando Campus 6600 Old Winter Garden Road Orlando, FL, 32335 a non-pro?t organization [hereinafter referred to as the ?School?] A) Approved Application (renewals and amendments}, Appendix I B) Term of Contract 1) Effective Date This contract shall become effective as of the date written above upon signing by both parties. 2) Term Page 1 of 67 Orange County Schools Charter Contract The term of this Contract shall cover ?ve (5) years commencing on the ?rst day of the ?rst year of contract school year, and ending on June 30, last year of contract. 3) 4) Start-Up Date a. The School is considered a public charter school and must be open for enrollment for all students in Orange County. The opening date for students of the School shall be the same date that school is opened for students for the School District of Orange County for each school year. If the school desires a different opening dates than what is stated above, the School must petition the Sponsor ninety (90) days in advance in writing and mutually agreed upon by both parties. b. The School, ifa high school, must obtain and maintain applicable certification/ accreditation of its educational program within five (5) years in order to ensure transferability of courses completed by the students at the School. c. Deferral of Opening In its sole discretion, the Sponsor may grant a one?time deferral, not to exceed one year, allowing the School to postpone the opening of the School. If the School is granted the deferral, but the School class not open within the time specified in the deferral, this charter Contract will be automatically terminated. Deadline to submit all items from Pre?Opening checklist All documentation from the Pre-Dpening checklist is due to the oilice of School Choice Services no later than June 1, 20l2. Charter Modi?cation This Charter may be modi?ed during its term of the contract upon the approval of both parties to the Agreement at open public sessions of the governing bodies of Page 2 of 67 Orange County Schools Charter Contract the Sponsor and the School, Such modi?cations shall be in Writing and executed by the parties only by mutual agreement. 6) Charter Renewal a. Terms This charter may be renewed every live school years pursuant to S. 1002.33 Florida Statutes. In order to Facilitate long?term financing for charter school construction, the School may be eligible for a 15?year charter renewal ifa review by the Sponsor indicates exemplary aesdemic programming and ?scal management for at least 5 years consecutively. This long~term charter is subject to annual review and may be terminated during the term of the Charter based on mutual agreement or Florida Statute. b. Renewal Process At least 90 days prior to renewing or terminating the Charter, the Sponsor shall notify the governing body ofthe School of the proposed action in writing. The notice shall state in reasonable detail the grounds for the proposed action and stipulate that the School's governing body may, within [4 days of receiving the notice, request a hearing. The hearing shall be conducted at the sponsor?s election in accordance with the following procedure: A hearing conducted by an administrative law judge assigned by the Division of Administrative Hearings. The hearing shall be conducted within 60 days a?cr receipt of the request for a hearing and in accordance with chapter l20. The administrative lawjudge's recommended order shall be submitted to the sponsor. A majority vote by the sponsor shall be required to adopt or modify the administrative lawjudge?s recommended order. The sponsor shall issue a ?nal order. The final order shall state the speci?c reasons for the sponsor?s decision. The sponsor shall provide its ?nal order to the charter school?s governing board and the Department of Education no later than 10 calendar days after its issuance. Page 3 of 67 Orange County Schools Charter Contract The charter school?s governing board may, within 30 calendar days after receiving the sponsor?s ?nal order. appeal the decision pursuant to s. 120.63. C) Educational Program and Curriculum [as described in Sections 3h-c or Stag of Application] 1) Focus of the Curriculum a. School Mission: The School shall operate in a manner consistent with the concept and mission statement set forth in its application and approved by the Sponsor (Appendix A). The School shall not change the concept, mission statement or its general implementation of those guidelines without the prior approval of the Sponsor. The School may not increase its student capacity beyond as set forth in the School's approved application 600 students, except with the written consent of the Sponsor via contract amendment. The mission ofSunshine High School? Greater Orlando Campus (referred to as ?the School") is to prepare high-need, high-risk students for college and career success through a teacher-directed, individually?paced. technology-enhanced. and ?exibly scheduled program that leads to a high school diploma and a successful post-secondary pathway. Students will be prepared to graduate from high school and succeed in their career or other post-secondary choice. The School shall be considered a public charter and alternative school providing dropout prevention and academic intervention services. b. Goals for the School: The following are the School?s academic goals: 1. Attendance a. Students who attend for at least 45 days will maintain an average attendance rate of 70%. if this attendance rate falls below 70% for a Page 4 of 67 Orange County Schools Charter Contract school, then the school will submit a corrective action plan to the district. 2. Graduation Rate a. The School?s graduation rate will be defined as the percentage of ii. students who graduate within four years of their enrollment year into the School. The cohort will not include students who have withdrawn tier reasons beyond the control of the School to include but not limited to: moved out of district or moved out of state or moved to another local school. Generally. the cohort will re?ect the guidance utilized for the LDOE Federal Uniform Rate, with the following exceptions: Students who attend the School and then transition back to their public school after completing all graduation requirements at the Charter School will be counted as a graduate for the Charter SchooL The four year cohort group will be de?ned as any student enrolling after the start of the second semester of the school year or within the ?rst semester of the following school year (Le. January- December). Any student who transfers from the School to or from another school operated by Community Education Partners will remain in the cohort group of their original enrollment. Any student who withdraws from the school for more than 1 full year and subsequently re-enrolls, will re?enter as part ot?a new four year cohort and will be removed From the original cohort. Page 5 of 67 Orange County Schools Charter Contract b. The Schools graduation rate as de?ned above will show an increase of no less than 5% annually until a goal ot?60% is met. If an increase of 5% is not obtained, then the school?s graduation rate will not be lower than the graduation rate of comparable schools within the district. e. The above de?ned graduation rate calculation will begin with students enrolling in the 2013-14 cohort group. d. For each year in which 35 or more students enroll who are on track to graduate with their original 9'11 grade cohort group, the percentage graduating on time with their grade cohort group will increase 5% annually until a goal ot'60% is met. If the school fails to improve then the goal for the subsequent year will be increased to offset the gap from the prior year. 3. State Assessment Requirements a. The school will test the required percentage of students as de?ned by the FLDOF. Guide to Calculating Alternative School Improvement Ratings-Technical Assistance Paper on identi?ed state assessments unless they have an IEP indicating an alternative assessment is prescribed. b. The Board and the District agree that if the school fails to test the required percentage of eligible students a school improvement rating will be calculated based on the tested students. The rating will be calculated according to the FLDOE Guide to Calculating Alternative School Improvement Ratings?Technical Assistance Paper. Page 6 of 67 Orange County Schools Charter Contract e. 40% of students who earned the 24 credits and 2.0 gpa required for graduation will also meet graduation requirement of passing slate assessment scores or concordant scores. If the 40% goal is not met in a particular year, then the school will submit a corrective action plan to the district. 4. School Improvement Eating a. The school will not receive a rating of declining on the Altemative School improvement Rating, as determined by the FLDOE. two years in a four-year period. For any year in which the school receives a declining rating, the school will submit a School Improvement Plan. 5. Post?Secondary Transition a. Based on school-based senior exit surveys and graduation plans, eighty five percent of the School's graduating seniors will enter a four (4) or two (2) year college; enter a trade or technical school; enter the military; or enter the workforce. If the 35% goal is not met in a particular year, the school will submit a corrective action plan to the district. c. The School will implement its educational program as speci?ed in the School?s approved application (Appendix A), setting forth the School?s curriculum, the instructional methods, any distinctive instructional techniques to be used. and the identi?cation and acquisition of appropriate technologies needed to improve educational and administrative performance, which includes a means for promoting safe, ethical and appropriate uses of technology which comply with legal and professional standards. Updates, revisions, and/or material changes to the curriculum programs described in the application must comply with State law and be approved by the Sponsor, in writing, before the change are implemented. d. No sectarian educational resources shall be used and the curriculum shall be secular in nature. Page 7 of 67 Orange County Schools ('Jhartcr Contract 2) Focus of Reading Curriculum The School will ensure that reading is a primary focus of the curriculum and that resources are provided to identify and provide specialized instruction for all students who are reading at. above and below grade level. Furthermore, the curriculum and instructional strategies for reading shall be consistent with the Next Generation Sunshine State Standards and be grounded in scienti?cally- based reading research. The School agrees to follow the OCPS Literacy Plan. 3) Provisions for Computer Based Assessment The School must make provisions and provide students with adequate computer facilities and equipment to comply with the State of Florida and Sponsor required on-line assessments. end of course exams. or any future computer based mandates. D) Non-RenewaI/Cancellation and Termination 1) Non-Renewal Provisions The Sponsor may choose not to renew the Charter at the end of the current term for any of the following reasons if the School fails to correct the dc?ciency?es) a?er notice to the School for any of the following: a. Failure to participate in the state?s education accountability system created in RS. 1003.31 or failure to meet requirements for student performance provided for an Outlined in this Charter. However, student performance data as identi?ed by the "Outcomes to Be Achieved" section of this Charter will be considered when conducting the renewal process and determining a recommendation for renewal. b. Failure to meet generally accepted standards of?seal management. c. Violation of law. d. Other good cause shown (such as, but not limited to the good cause basis summarized in sub-section below). Page 3 of 67 Orange County Schools Charter Contract 2) Ninety (90) Day Termination Duties of Sponsor and School under Pcndency of Appeal a. At least 90 days prior to renewing or terminating a charter, the sponsor shall notify the governing board of the school of the proposed action in Writing. The notice shall state in reasonable detail the grounds for the proposed action and stipulate that the school's governing board may, within l4 calendar days after receiving the notice, request a hearing. The hearing shall be conducted at the sponsor?s election in accordance with the Following procedure: A hearing by an administrative law judge assigned by the Division of Administrative Hearings. The hearing shall be conducted within 60 days after receipt of the request for a hearing and in accordance with chapter [20. The administrative Iawjudge?s recommended order shall be submitted to the sponsor. A majority vote by the sponsor shall be required to adopt or modify the administrative lawjudge?s recommended order. The sponsor shall issue a ?nal order. b. The ?nal order shall state the speci?c reasons for the sponsor?s decision. The sponsor shall provide its ?nal order to the charter school?s governing board and the Department of Education no later than 10 calendar days after its issuance. The charter school?s governing board may. within 30 calendar days after receiving the sponsor?s ?nal order. appeal the decision. 2) Immediate Termination a. The term of the Charter may be canceled immediately by the Sponsor if insuf?cient progress has been made in attaining the student achievement objectives of the Contract. and it is not likely that such objectives can be achieved before expiration of the Contract. During the term of the Charter, the Sponsor may terminate the Charter for other good cause shown (such as, but not limited to the good cause basis summarized in sub-section below). This Charter may be terminated immediately if the Sponsor determines that good cause has been Page 5 of 67 Orange County Schools Charter Contract shown or if the health, safety or welfare of the students is threatened or that the School has violated the terms of this contract agreement. b. The Sponsor shall assume the responsibility for the education of the students under these circumstances. The School agrees to submit to the Sponsor all records related to the School without delay. 3) Post Termination provisions In the case ofa charter school contract that is terminated or nonwrenewed. the goal of the school and the sponsor must be to provide a smooth and seamless transition for students from the charter school to the assigned public school. The school shall be dissolved under the provisions of law under which the school was organized. a. Financial Sr Operational Records Upon Termination or Expiration Copies of all administrative, operational. and financial records of the School shall be provided to the Sponsor on the date the tennination/non~renewal takes el?lieot. b. Student Records Upon Termination or Expiration: School records shall be immediately turned over to the Sponsor within 5 school days so as to not interrupt the educational progress of the students. c. Property/Assets: in that event. any property. improvements. furnishings and equipment purchased with public funds or acquired through OCPS surplus equipment venues shall automatically revert to the sponsor (subject to lawful liens and encumbrances). Property and assets purchased with public funds shall be de?ned as those goods purchased with grants and funds provided by a governmental entity. This includes monies given to management companies who. in turn. purchase goods and property for the School. In cases of unknown or undocumented owaership, the asset will be considered property of the Sponsor until such time as proper documentation is provided by the School. d. Debts Upon Non?Renewal [Pursuant to Statute] Page 10 of 67 Orange County Schools Charter Contract in case of termination or non-renewal of the Contract; the School shall be responsible for all the debts of the School. The Sponsor may not assume the debt from any contracted services made between or among the governing body of the school. the management company-if applicable and/or third party, except for a debt that is previously detailed and agreed upon (in writing and executed with the same formalities as set forth in this Contract) by both the Sponsor, the governing body and for management company if applicable. e. Assets upon Non?Renewal if the School?s accounting records fail to clearly establish whether a particular asset was purchased with public funds or non-public funds. then it shall be presumed public funds were utilized and ownership of the asset shall automatically revert to the Sponsor. E. Good Cause ?Good Cause? for non-renewal er termination ofa Contract includes but is not limited to the following: 1. Failure to implement a reading curriculum that is consistent with effective teaching strategies grounded in scienti?cally-based reading research; 2. Substantially inadequate student performance as de?ned but not limited to; a. Receiving a ?Declining Rating" in any two years of a four-year period; b. Failure to remove the school from the Differentiated Accountability ?Intervene" Status within one school year; c. Failme to test the appropriate number or percentage of students to generate a school improvement rating any two (2) years of a four (4) year period; d. The School?s percentage of Adequate Yearly Progress may not be lower than the Sponsor?s average percentage of making Adequate Yearly Progress under the Page 11 of 67 Orange County Schools Charter Contract NCLB plan for the same grade level con?guration for comparable schools for two (2) consecutive years as de?ned above. If the School?s percentage of successful completionof Adequate Yearly Progress is lower than the Sponsor?s aVerage for the same grade level con?gmation for comparable schools as de?ned in this paragraph. this Charter may be considered for revocation. Notwithstanding the foregoing. the School?s percentage of Adequate Yearly Progress required in the Charter is subject to any change, modification or amendment made pursuant to any Adequate Yearly Progress waiver request or approval affecting the School. The foregoing required school improtrernent ratings and Adequate Yearly Progress shall be amended by the parties during the term ofthis Charter to coalition with current state law or rules. e. Failure to obtain an improvement rating of ?Maintaining? from the state's SIR rating system for any two years in a four year period. If the School does not receive at least an improvement rating of ?Maintaining? for two years in a four year period, the School agrees the principal will he removed 3. The School or its representatives are found to have committed a material fraud on the Sponsor or made a material misrepresentation in the application: 4. Failure to implement a Corrective Action Plan required by the Sponsor; 5. Failure to make progress toward the stated mission ofthe School pursuant to the charter set forth in the application; 6. Failure to deliver the instrurztional programs or curricula identi?ed in the application: 7. Failure to make contributions to the Florida Retirement System (FRS) if the School has elected to be part of the 3. Delinquency in payments to vendors or having finances generally in disarray; Page 12 of 67 Orange County Schools Charter Contract 9. The School ?les for voluntary bankruptcy, is adjudicated bankrupt or insolvent, or is otherwise ?nancially impaired such that the School is no longer economically viable; 10. Failure to have an acceptable annual audit and timely to submit ?nancial reports or other reports required by F.S. [002.33 (9) or by this Contract; 1 1. Failure to meet generally accepted accounting principles; 12. Failure to manage public funds in a prudent or legal manner; 13. Failure to maintain insurance coverage as described in this Contract; 14. Failure to provide the Sponsor with the required access to records; 15. Violation of any court order; H5. The filing of an information or indictment by the State Attorney?s Of?ce, resulting in criminal wrongdoing by the charter school?s governing board, its members (collectively or individually) if related to matters concerning, the charter school, or by the management company contracted by the charter school; 17. Any other good cause, which shall include, but is not limited to, any material breach er violation of the standards, requirements or procedures of this Contract such as without limitation: a. Failure to timely submit ?nancial reports: b. a conflict of interest, as defined by statute and the Commission on Ethics, arising from receipt by members of the governing board of compensation, directly or indirectly, from the School?s operations, including but not limited to grant funds; Page 13 of 67 Orange County Schools Charter Contract e. failure to comply with the timely submission of the annual report to the Sponsor; d. failure to administer state assessments according to state requirements, including maintaining the security of all test materials and test administrations without procedural breaches; c. failure to allow the Sponsor reasonable access to facilities and records to review data sourcves, including collection and recording procedures; f. failure to comply with the education goals established by F.S. g. failure to comply with certi?cation requirements for all teachers; it. failure of secondary charter schools to comply with F.S. 1003.43 and F.S. 1008.25: i. failure to use records grade and attendance procedures that adequately provide the information required by the Sponsor; j. failure to provide Special Education and Limited English Pro?cient students with progress and services in accordance with federal, state and local policies; it. failure to obtain proof of consent to enroll each student from the student?s parent/guardian Or from the student if the student is eighteen (13) years of age or older; l. failure to comply with the Florida Building Code (including Chp. 423., RS. and the Florida Fire Prevention Code; Page 14 of 67 Orange County Schools Charter Contract m. failure to obtain all necessary licenses, permits, zoning. use approval, facility codi?cation, and other approvals required For use and continued occupancy of the facility as required by the local government or other governmental agencies including asbestos requirements; or n. violation of the Code of Ethics For Public Of?cers and Employees, F.S. ?1311-1113316. 0. failure to obtain appropriate School Accreditation for student diplomas p. The School must meet 75% of its stated enrollment projections as outlined in the application. The School and Sponsor agree that Failure to do so any two years in a four year period will result in termination. F) Agreement to Cooperate The School and Sponsor agree that they respectively shall, upon being requested by the other party to do so, execute and deliver any and all such authorizations, instruments, papers or documents of any and every kind and character as may be reasonably required, necessary or proper for the purpose of giving full force and effect to this Charter and to the covenants. conditions, and agreements contained herein. Furthermore, the School and Sponsor agree to cooperate and to do all things reasonably necessary to accomplish the terms of this Charter. Section 2: Academic Accountability A) Student Performance: Assessment and Evaluation 1) Outcomes to be Achieved a. Student performance shall be assessed and evaluated in accordance with the School?s governing laws and rules, the assessment and evaluation provisions Page 15 of 67 Orange County Schools Charter Contract shown in the table below and the provisions of this Charter. 'l?hese assessment and evaluation provisions substitute and replace any other provisions provided in the School?s approved Application. 1. Attendance b. Students who attend for at least 45 days will maintain an aVerage attendance rate of 70%. If this attendance rate falls below 70% for a school, then the school will submit a corrective action plan to the district. 2. Graduation Rate a. The School?s graduation rate will be de?ned as the percentage of ii. students who graduate within four years of their enrollment year into the School. The cohort will not include students who have withdrawn for reasons beyond the control of the School to include but not limited to: moved out of district or moved out of state or moved to another local school. Generally, the cohort will re?ect the guidance utilized for the FLDDE Federal Uniform Rate, with the Following exceptions: Students who attend the School and then transition back to their public school after completing all graduation requirements at the Charter School will be counted as a graduate for the Charter SchooL The four year cohort group will be de?ned as any student enrolling after the start of the second semester of the school year or within the ?rst semester of the following school year (Le. January- December). Any student who transfers from the School to or from another school operated by Community Education Partners will remain in the cohort group of their original enrollment. Page 16 of 67 Orange County Schools Charter (ltmt?t?aet. iv. Any student who withdraws from the school for more than 1 full year and subsequently re-enrolls, will re-enter as part ot?a new four year cohort and will be removed from the original cohort- b. The School's graduation rate as defined above will show an increase of no less titan 5% annually until a goal of 60% is met. If an increase of 5% is not obtained, then the school?s graduation rate will not be lower than the graduation rate of comparable schools within the district. c. The above de?ned graduation rate calculation will begin with students enrolling in the 20] 3?l4 cohort grouP. d. For each year in which 35 or more students enroll who are on track to graduate with their original itlh grade cohort group. the percentage graduating on time with their 9'h grade cohort group will increase 5% annually until a goal ot'60% is met. lt'the school fails to improve then the goal for the subsequent year will be increased to offset the gap from the prior year. 3. State Assessment Requirements a. The school will test the required percentage of students as de?ned by the FLDDE Guide to Calculating Alternative School Improvement Ratings-Technical Assistance Paper on identi?ed state assessments unless they have an indicating an alternative assessment is prescribed. b. The Board and the District agree that if the school fails to test the required percentage of eligible students a school improvement rating will be calculated based on the tested students. The rating will be Page 17 of 67 Orange County Schools Charter Contract calculated according to the FLDOE Guide to Calculating Alternative School Improvement Assistance Paper. c. 40% of students who earned the 24 credits and 2.0 gpa required for graduation will also meet graduation requirement of passing state assessment scores or concordant scores. If the 40% goal is not met in a particular year, then the school will submit a corrective action plan to the district. 4. School Improvement Rating a. The school will not receive a rating of declining on the Alternative School Improvement Rating, as determined by the FLDDE, two years in a four?year period. For any year in which the school receives a declining rating. the school will submit a School Improvement Plan. 5. Post-Secondary Transition a. Based on school-based senior exit surveys and graduation plans. eighty five percent of the School's graduating seniors will enter a four (4) or two (2) year college; enter a trade or technical school; enter the military; or enter the IF the 35% goal is not met in a particular year, the school will submit a corrective action plan to the district. b. The school agrees to utilize the SIR method pursuant to Section [003.34] for grading alternative schools that provide dropout prevention and academic intervention services pursuant to Section 1003.53 as its performance measure. 1. The school agrees to test the required number of students cod percentage necessary to receive a School Improvement Rating from the state?s SIR rating system. Failure to do so any two (2) Page 18 of 67 Orange County Schools Charter Contract years in a four (4) year period, shall result in the revocation of the school?s charter. 2. The School shall not receive an improvement rating below ?Maintaining? from the state's SIR rating system for any two years in a four year period. If the School does not receive a maintaining rating as outlined above then School agrees to remove its principal. 3. The School shall not receive a ?Declining" rating from the state's system of providing School improvement Ratings (SIR) to schools for any two years in a four year period. If the School docs receive a "Declining" rating for any two years in a four year period, or fails to remove itself from the Florida DA models ?Intervene Status? within the same school year the School agrees this shall result in the revocation of the school's charter. 4. The School shall retain the right to challenge such closure decision before the Sponsor and before any appellate court with jurisdicrion to consider the matter. c. In addition. the school agrees to participate in all Florida Department of Education assistance programs for school improvement including but not limited to the Differentiated Accountability Model. d. The School?s percentage of Adequate Yearly Progress may not be lower than than the Sponsor?s average percentage of making Adequate Yearly Progress under the NCLB plan for the same grade level configuration for comparable schools for two (2) consecutive years as de?ned above. If the School?s percentage of successful completion of Adequate Yearly Progress is lower than the Sponsor?s average for the same grade level con?guration for comparable schools as de?ned in this paragraph, this Charter may be considered for Page 19 of 67 (Mango County Sclmols Charter Contract revocation. Notwithstanding the foregoing, the School?s percentage of Adequate Yearly Progress required in the Charter is subject to any change, modi?cation or amendment made pursuant to any Adequme Yearly Progress waiver request or approval affecting the School (if Applicable). Methods of Measurement Used l.State-wide Assessments Students in the School shall. at a minimum. participate in the required statewide assessment program including FCAT, FAIR. end of course exams, and other required state exams within the state timeframe. For students with an the School will participate in all assessments as determined by the IEP committee. The School must make provisions and provide students with adequate computer facilities and equipment to comply with the required on- line assessments and end of course exams. 2. District-wide Assessments When the School opts to participate in District-wide assessments e.g. (benchmarks exams), the Schools shall bear the costs associated with these tests. The School must make provisions and provide students with adequate computer facilities and equipment to comply with the required on?line assessments and end ot'course exams. 3. Other Assessments The School may use other assessment tools in its discretion that are educationally relevant, sound and consistent with both research and this charter. Page 20 of 67 Orange County Schools Charter Contract 4. Computer Based Assessment The School must make provisions and provide students with adequate computer facilities and equipment to comply with the State of Florida and Sponsor required on-line assessments, end of course exams or or any future computer based mandates. 5. The School shall establish the current incoming baseline standard of student academic achievement and employ the methods to identify the educational and needs of students as described in the application. All baseline data, beginning in year one of operation is to be gathered within the ?rst 30 days of school. Baseline data for students entering after school begins is to be completed within 30 school days and entered into the School Improvement Plan. This plan will be updated annually for the length of this charter. 2) Annual a. School Improvement Plan 1. During the first year of the Contract, the School agrees to implement the current baseline standard ot'achieVement, the outcomes listed previously (II. A. and the methods of measurement that have been mutually agreed upon and identi?ed in the School?s application. a. In addition, the School will develop a School Improvement Plan during the ?rst year of the contract in accordance with and/or outlined in the Improvement Plan process adopted by the Sponsor. b. In subsequent years, the School agrees to continue to develop an annual School Improvement Plan accOrding to the baseline standard of achievement, the outcomes to be achieved, and the methods of measurement that have been mutually agreed upon in the School Improvement Plan submitted to the Sponsor. The source documentation Page 21 of 57 Orange County Schools Charter Contract for data must be clearly identi?ed and rely on State of Florida generated and disaggregated data. b. Annual Accountability Report The School shall electronically submit an annual accountability report as required by 1002.33, Florida Statutes and provide back-up data to the Sponsor to support the level of achievement for each goal. The annual report must be submitted on?line by the due date specified by the Florida Department of Education and the back?up data must be submitted to the Sponsor 30 days prior to the date the electronic report is due to the Florida Department of Education. The report shall contain at least the following information: 1. Student achievement performance data. including the information required for the annual school report and the education accountability system governed by F3. 1008.31 and l008.345. Charter schools are subject to the same accountability requirements as other public schools, including reports ofstudent achievement information that links baseline student data to the school?s performance projections identi?ed in the charter; the charter school shall identify reasons for any difference between projected and actual student performance. 2. Financial status of the charter school which must include revenues and expenditures at a level of detail that allows for analysis of the ability to meet financial obligations and timely repayment of debt. 3. Documentation of the facilities in current use and any planned facilities for use by the charter school for instruction of students, administrative functions, or investment purposes. 4. Descriptive information about the charter school's personnel, including salary and benefit levels of the School's employees, the proportion of instructional personnel who hold professional or temporary certi?cates. Page 22 of 67 Orange County Schools Charter Contract and the proportion of instructional personnel teaching in??eld or outuof- ?eld. 5. Documentation ot?practical, innovative practices and best practices that may be replicable in other schools 6. Any other information requested on the template by the Florida Department of Education. 7. A copy of the individual data used to determine the school?s level of success achieving each school goal, i-e. individual students? CAT scores. individual students? SAT scores. etc. must be sent to the Sponsor 30 days before the deadline for the electronic copy to be submitted to the state . c. Annual Cost Accounting Report The School agrees to do an annual cost accounting and provide such information to the Sponsor by September 1 ot?each year. cl. Annual Financial Reports The School agrees to have an annual unaudited ?nancial submitted by August 20 ofcach year and five cupies of audited ?nancial reports submitted by October 1 of each year. See W. for description and details. B) Student Promotion 1. Student Progression The School will follow the state approved grading scale and agree to follow the Sponsor?s Student Progression Plan. For Secondary Schools, the school must comply with the state graduation requirements as are required by State law. C) Data Access and Use Pursuant to Statute Page 23 of 67 Orange County Schools Charter Contract 1. It is essential to both the School and the Sponsor that access to, and reporting of. essential data be insured. The School recognizes that in order to meet this requirement, it is required that all student data be entered into the Sponsors Student Management System (EMS) including but not limited to student grades, daily attendance, and schedules. This requirement to enter data into the Sponsor SMS system is in addition to any subsequent reporting system the School or ESP may provide. The Sponsors student management system will be considered the o?icial record. Additionally the School will ?nd it necessary to designate a management information systems contact person to monitor and report this information. The Sponsor will work with the School to determine the best method to provide this support. In the event that the school utilizes its own Student Management System in addition to the sponsor?s, the school will provide the sponsor with access to that system. 2. The Sponsor will provide all services/support activities which are routinely provided to the Sponsor's staff regarding implementation of statevrequired assessment activities (eg. staff-training. dissemination and collection of materials. and summary reporting.) Section 3: Students A) Eligible Students Ias described in Section 2a of Application] 1 .Target population. High need students ages l6~21 [including students with special needs, students with disabilities, and English Language Learner (ELL) students] will be eligible to enroll in the School. These will include students who are low- performing, under-credited, or have dropped out (or are dangerously close to dropping out) of their traditional public schools. Our target student population includes students who are over-age for their current grade level. Page 24 of 67 ()raltge County Schools Charter Contract The Typical Student - Average age of 17 years old with 7 high school credits earned 20+% previously dropped out - The remaining students are referred by their home schools because they have been identi?ed as being at?risk of dropping out. - 90+% are behind their 9th grade cohort. These students are an average of 3 years behind. - 80+% are performing at FCAT Level I or 2 upon entry to the program - 30+% are reading below grade level a 20+% require special education accommodations 20+% are English language learners - 15+% are parenting, pregnant or caring for other children These students have either dropped out of school or are likely to drop out because he or she is: - Disengaged from school because the pace ofinstruction is too fast or too slow; - Lost as a learner in a large comprehensive high school, students who do not feel connected to a significant adult and/or student body group in the school; - Not interested in being a member of the traditional high school ?cornmunity?, students who do not want to be involved in social and extra-curricular activities or desire to move quickly toward completion of a high school diploma; - Unable to attend a regular comprehensive high school because family or ?nancial commitments do not allow attendance at a school with a traditional schedule; - Not aware of post?secondary options beyond high school that will lead to further education and gainful employment; and/or 0 Dealing with family and personal crises that create uncertainty and disruption in his/her life, substance abuse, family breakup, childcare, andfor change of residence. The School intends to enroll 325 students by the end of the initial year of operation, with a gradual build up of enrollment to 600 students. Page 25 of 67 Orange unty ScltoolsCharte Contact The following table below shows the grades that the School will serve, the number of students expected in each class. and the maximum student enrollment. Student Enrollment Breakdown School Grade No. of Projected Year Levels Students Per Student Class Enrollment Year I 25 325 Year 2 12?? 25 425 Year 3 12?" 25 450 Year 4 12'" 25 500 Year 5 12m 25 500 2. Population to be Served The School may only enroll students who reside in Orange County. Students residing in other counties may enroll only if an Inter-district Agreement exists between the Sponsor and the District in which the student resides. Students who are currently expelled by the Sponsor may not enroll in the School during the tertn of their expulsion. B) Class Size The school agrees to follow class size amendment requirements for charter schools. C) Admissions and Enrollment Plan [as described in Section 13c of Application] 1. Marketing And Recruiting Plan The School will solicit applications by various means, including paid and unpaid media, mailings to parents/guardians of prospective students, word-of-mouth and presentations to interested groups. The School will use its best efforts to disseminate this information to a broad group of prospectiVe students. The School agrees to follow the Sponsor?s charter school guidelines for marketing and recruiting. All marketing materials must be accurate in their content and representations and include information about parent responsibilities that might be different from what Page 26 of E7 Orange ('It'iunty Schools Charter Contract regular public schools require. The Spenser may distribute information about the School and the application process. The goal of the Marketing and Recruiting Plan is to ensure that all children have an equal opportunity to be selected and enrolled in the applicant's charter school. The racial/ethnic diversity goal for the charter applicant shall be that the charter school's population is equivalent to the student population of the Orange County Public Schools. [t is also expected that the charter school applicant will make a good-faith effort to achieve this diversity through the Recruiting and Marketing Plan. In determining whether the applicant has met a good faith effort the following threshold requirements will be reviewed by the School Board as follows: a. Advertisement in a newspaper of general, daily circulation including proofof publication in the newspaper b. Advertisement in at least one newspaper with substantial circulation in Orange County, which is primarily directed at one or more minority groups c. Mailing or hand delivery of no fewer than ?ve solicitation letters to targeted groups of students' families 2. Admissions Process Prior to implementation. the details of the admissions process will be reviewed and approved by the Sponsor outlined herein. a. The School agrees to provide evidence of admission requirements that do not exclude students at-risk of not graduating ?'om high school. Speci?cally. the school will not include admission criteria related to grade point average. credits accumulated andfor a pre-enrollment interview. b. Students with handicapping conditions and students served in English Language Learner (ELL) programs shall have an equal opportunity of being selected for enrollment in a charter school. c. The timeframe for accepting applications shall be as follows: Page 27 of 67 Orange County Schools Charter Contract The School will open an Enrollment Of?ce in June 2012 to begin attracting and enrolling students for enrollment at the beginning of the 2012 2013 school year. After that, the school will offer daily enrollment for students who wish to enroll, space permitting. d. If the number of quali?ed applicants is less than or equal to the number of available slots, each quali?ed applicant will be accepted and enrolled. If the number of applicants exceeds the stated capacity ofthe school, class, grade level or building, all applicants shall have an equal chance ot?being admitted through a random selection process. e. The School may only give enrollment preference to siblings of a student enrolled in the School, the child of a member of the governing board, or to a child of an employee of the School. f. Applicants not selected for enrollment will be placed on a waiting list in the order determined by the random selection process. Applicants placed on the waiting list through this process take precedence over those placed on the waiting list after the application deadline. become available during the school year, they will be ?lled from the waiting list. The waiting list is valid for only the upcoming school year. Applications will also be accepted after the established application period. Quali?ed applicants will be placed on the waiting list in the order determined by the application date. Students continually enrolled in the School will not be subject to the application process. g. The School must verify each student?s eligibility of attendance prior to enrollment by receiving proofof residence within the Orange County. In addition, potential students must provide proof of age and consent from the student?s parent or guardian or from the student. il?eighteen (18) years of age or older. it. No tuition and/or fees may be charged (Le. uniforms, lockers, identi?cation badges, etc.) except those fees normally charged by other public schools. A process must be in place and communicated openly to all parents that informs the public of how these items may be received free of cost. Page 28 of 67 Orange County Schools Charter Contract i. The School must maintain a record of all the students who apply to the School, whether or not they are eventually enrolled. The information shall be made available to the Sponsor upon request and may be veri?ed by the Sponsor. 3. RaciallEthnic Balance The School will have a racial/ethnic non-discriminatory policy. It is expected that the racial/ethnic makeup of the student population will be reflective of the public school age population in Orange County, Florida. It is anticipated that the majority of students will live within a Smile radius of the school and, thus, re?ect the local community being served. Targeted marketing will be used to focUs on this geographic area. The School shall comply with all applicable terms and conditions of settlement stipulations and conditions to which Sponsor is subject. The terms of which are incorporated as if set forth fully herein. 4. Code of Student Conduct The School agrees to maintain a safe learning environment at all times. In order to provide criteria for addressing discipline issues that will ensure for the health, safety and Welfare of all students attending the School, the School will adopt and follow the Orange County Public Schools Code ot?Student Conduct, as may be modi?ed by the Sponsor from time to time. for school students of the same grades promulgated by The School Board of Orange County, Florida. Any modi?cations to the Code of Student Conduct shall require approval of Sponsor. Any policies developed by the School to implement the Code of Student Conduct shall be in accordance with the Florida State Board of Administrative rules. federal and state laws and regulations. and federal and state court decisions. The School's Board of Directors shall recommend expulsions to the Sponsor. The School must abide by the decision made Page 29 of 67 Orange County Schools Charter Contract in an expulsion hearing determined by the area administrator, Hearing Of?cer or School Board. In addition, the School agrees to: a. If a charter school student is withdrawn or is expelled from the charter school and has committed an expellable act that would merit l'ull exclusion or placement at Excel, the student will be denied enrollment to any Orange County Public School or program. b. If a charter school student is expelled and has committed an expellable act that would merit exclusion from a comprehensive (regular) school, the student mayr be accepted in an alternative OCPS program. c. [fa charter school student withdraws but has not committed an expellable act based on OCPS standards, the student shall be admitted to an OCPS program and the charter school shall rebate the FTE to the district. d. [fan OCPS student is withdrawn or is expelled From an OCPS school and has committed an cspellable act that would merit full exclusion or requires attendance at an alternative OCPS site. the charter school will deny the student enrollment to the charter school or program. e. School handbooks, parent guides, discipline procedures, etc. must align and comply with the Code of Student Conduct. D) Maintenance of Student Records as Required by Statute l. The Sponsor agrees to cooperate with the School to provide cumulative folders and permanent records, including lEPs. 2. The School will maintain both actiVe and archival records for current/former Students in accordance with Florida Statutes. 3. Student records shall be maintained in accordance with student records of the Sponsor: Page 30 of 67 Orange County Schools Charter Contract: a. All cumulative folders and permanent records of students leaving the School to attend the regular Orange County Public School system will be forwarded to the receiving school upon request. b. All cumulative folders and permanent records of students leaving the School to attend a school outside of the regular Orange County Public School system will be copied and forwarded to the receiving school. The original cumulative folder and permanent record of the student will be ?led With the School?s inactive student records and transferred to the Sponsor in accordance with Florida Statutes. c. All cumulative folders and permanent records of students leaving the School for any reason, other than above, will be filed with the School?s inactive student records and transferred to the Sponsor in accordance with Florida Statutes. d. All inactive student records will be forwarded annually to the Sponsor?s Department of Records, 445 West Amelia Street, Orlando, FL 32801. These records shall be forwarded each year prior to September 30 for any student withdrawing prior to June 30 of the previous year. The School shall maintain pupil attendance records in the manner specified in Rule .044, Florida Administrative Code. Daily (elementary) and period by period (secondary) attendance is required of each School and is to be entered within the Sponsors Student Management System on a daily basis. e. A report from the School will be forwarded annually to the Sponsor?s Department of Records, listing all students enrolled during the school year, and the disposition of each student?s cumulative folder and permanent record, stored on site, transmitted to the Sponsor or other disposition, if appropriate. This report shall be forwarded each year prior to July I. 4) innovation and Best Practices The School will provide the Sponsor with documentation of practical, innovative Page 31 of 67 Dango County Schools Charter Contract and/or best practices (non-proprietary) that may be replicable in other schools, E) Exceptional Student Education Exceptional students shall be provided with programs implemented in accordance with federal, state and local policies and procedures; and, speci?cally, the Individuals with Disabilities Education Act (IDEA). Section 504 of the Rehabilitation Act of 1973, Sections 1000.05 and 1001.42 of the Florida Statutes, Section 1002.33, Florida Statutes, Laws of Florida, limited to: l. and Chapter of the Florida Administrative Code. This includes, but is not A non-discriminatory policy regarding placement, assessment identification and selection . Free Appropriate Public Education (FAPE) . Individual Educational Plans (IEPs), to include an IEP meeting with the student's family Least Restrictive Environment - Students with disabilities will be educated in the least restrictive environment and will be segregated only if the nature and severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. As it is the School's goal to place students in an environment where they can best flourish, those students with lEP?s whose needs cannot be adequately addressed at the School will be appropriately referred by the committee with a Sponsor?s representative present. If a referral for a change of placement is considered, the School's staff will work together with the Sponsor to ensure that the needs of these children are met. School staff, which must include a certified Exceptional Education teacher, will work closely and as early as possible in the planning/development stages with the Sponsor's staff to discuss the needed services, including all related services and programs, of the students with disabilities at the School. Parents of students with disabilities will be in their native language procedural safeguards. which include the areas of notice and consent, independent educational evaluations, con?dentiality of student records, due process hearings and surrogate parents. Page 32 of 67 Orange County Schools Charter Contract F) Provisions for English Language Learners Students at the School who are of limited pro?ciency in English will be served by ESDL- certi?ed personnel who will follow the Sponsor's District Plan for English Language Learners (ELL) Students and the assurances therein unless the School has written their own ELL plan and received approval from the Florida Department of Education. The School will provide comprehensible instruction as well asthe requirements of the LULAC ct al vs. State Board of Education Consent Degree. The mission of the ELL curriculum is to prepare and develop successful bilingual. and bi?literate students in an ever-increasing multicultural setting, equipped to meet the challenges of the 21st century as participatory citizens in a global society. Students at the School who are of limited pro?ciency in English will be served by ESOL?certified personnel who will comply with all district and state requirements. Section 4: Financial Accountability A) Administrative Management 1. Ability to Open The School agrees to provide reasonable proof of the ability to fund the startup of the School no later than June 15' of the year in which the school will commence operations. The School is required to provide the sponsor with accurate enrollment numbers prior to any FTE payments. 2. Accurate FTE The School is required to provide the sponsor with accurate enrollment numbers prior to any FTE payments and to ensure that enrollment and attendance is accurately maintained within the Sponsors? student management system. The Sponsor's Student Management System will be the of?cial record. 3. Distribution of Funds Page 33 of 67 Orange County Schools Charter Contract The Sponsor shall issue a payment to School no later than 10 working days after the Sponsor receives a distribution of state or federal funds. If a warrant for payment is not issued within 30 working days after receipt of funding by Sponsor, Sponsor shall pay School, in addition to the amount of the scheduled disbursement, interest at a rate of one percent per month calculated on a daily basis on the unpaid balance from the expiration of the 30-day period until such time as the warrant is issued. Refer to paragraphs i. and n. below for billing calculation. 4. Administrative Fee The Spenser shall withhold ?ve percent of the available funds described in S. 1002.33 Florida Statutes for administrative costs, for enrollment for up to and including 250 students. For school designated as the sponsor shall withhold two percent for enrollment up to and including 250 students. The Sponsor shall provide certain administrative and educational services to School at no additional fee. These services shall include contract management services, FTE and data reporting, exceptional student education administration, test administration services, processing of teacher certificate data, equal access to information services, and services related to eligibility and reporting duties required to ensure that the school lunch services under the Federal lunch program, consistent with the needs of the School, are provided by the Sponsor at the request of the School. Student performance data for each student in the School, including but not limited to, FEAT scores, standardized test scores, previous public school student report cards, and student performance measures, shall be provided by the Sponsor to the School in the same manner provided to other public schools in the district. Any services required by the School other than those listed above will require a separate, administrative fee. The Sponsor shall withhold the indirect cost percentage related to grants or other eligible ?lnds and/or grants exclusive of the start-up grant. 5. Forms to be Utilized Page 34 of