TYPE 3 CHARTER SCHOOL OPERATING AGREEMENT BETWEEN LAKE FOREST ELEMENTARY CHARTER SCHOOL CORPORATION AND THE ORLEANS PARISH SCHOOL BOARD This Charter School Operating Agreement (?Operating Agreement?) is entered into by and between the Orleans Parish School Board, a political subdivision of the State of Louisiana, herein represented by Lourdes Moran, its President, duly authorized (?Authorizer" or located at 3520 General de Gaulle Drive, Suite 5055, New Orleans, Louisiana 70114, and the Lake Forest Elementary Charter School Corporation, a Louisiana Non-pro?t Corporation, herein represented by G. Lee Caston, its President, duly authorized (hereinafter ?Charter School?), located at 12000 Haynes Boulevard, New Orleans, Louisiana 70128. Authorizer and Charter School are each referred to singularly as ?Party? and collectively as the ?Parties.? RECITALS WHEREAS, the intent of the Louisiana Legislature in enacting the ?Charter School Demonstration Programs Law? was to authorize experimentation by city and parish school boards by authorizing the creation of innovative kinds of independent public schools for pupils; and WHEREAS, the further intent of the Louisiana Legislature was to provide a framework for such experimentation by the creation of such schools, a means for all person with valid ideas and motivation to participate in the experiment, and a mechanism by which experiment results can be analyzed, the positive results repeated or replicated, if appropriate, and the negative results identi?ed and eliminated; and WHEREAS, the Louisiana legislature further stated its intention that the best interests of at?risk pupils shall be the overriding consideration in implementing the provisions of the ?Charter School Demonstration Programs Law;n and WHEREAS, the purposes of the ?Charter School Demonstration Programs Law? are to provide opportunities for educators and others interested in educating pupils to form, operate or be employed within a charter school designed to accomplish the following objectives, namely: (1) to improve pupil learning and, in general, the public school system; (2) to increase learning opportunities and access to quality education for pupils; (3) to encourage the use of different and innovative teaching methods and a variety of governance, management, and administrative structures; (4) to require appropriate assessment and measurement of academic learning results; (5) to account better and more thoroughly for educational results; and (6) to create new professional opportunities for teachers and other school employees, including the opportunity to be responsible for the learning program at the school site; and Page 1 of 22 WHEREAS, effective February 1, 2006, the OPSB granted Charter School its original ?Type 3? charter; and WHEREAS, on January 18, 2011, the OPSB voted to renew the charter of Charter Schook and WHEREAS, Lake Forest Elementary Charter School Corporation has qualified as a tax- exempt organization under Section 501 of the Internal Revenue Code. NOW, THEREFORE, in consideration of the mutual covenants, representations, warranties and agreements contained herein and for other good and lawful consideration, the receipt and suf?ciency of which is hereby acknowledged, OPSB and Charter School agree to renew the charter of Charter School on the following terms and conditions: 1. General Terms. 1 .1 Parties. 1.1.1 This Agreement is entered into between OPSB and Charter School for the purpose of authorizing charter school to operate a charter school known as Lake Forest Elementary Charter School (hereinafter ?the School?). 1.1.2 The person authorized to sign on behalf of OPSB is the President of the Orleans Parish School Board or, in the absence of the President, the Vice-President. 1.1.3 The person authorized to sign on behalf of Charter School (the ?Charter Representative?) is the President of the Charter School?s Board of Directors. 1.1.4 The Charter Representative af?rms as a condition of this Operating Agreement, that he/she is the above-described representative of Charter School and has authority to sign this Operating Agreement on behalf of Charter School. Attached hereto as Appendix 1, and incorporated herein by reference, is a copy of a resolution of the Board of Directors of Charter School (the ?Charter Board?), authorizing the individual listed above to sign this Operating Agreement, on behalf of Charter School 1.1.5 Charter School certifies that all contracts obligating Charter School have been and will be undertaken by Charter School as a non?profit corporation, and failure to maintain its non?profit status and to act strictly as such shall be grounds for immediate termination of the Operating Agreement. 1.1.6 Charter School af?rms, as a condition of this Operating Agreement, that the members of the Charter Board receive no compensation other than potentially the reimbursement of actual expenses incurred while ful?lling duties as a member of such board. 1.1.7 Incorporated herein by reference are Appendix 1: Charter Board Resolution, Appendix 2: School-Speci?c Terms and Appendix 3, Charter School Facilities Lease Page 2 of22 (if Charter School is in a facility provided by Authorizer). which the Parties agree are integral parts of this contract. 1.2 Board of Directors of Nonprofit Corporation. 1.2.1 1.2.2 1.2.3 1.2.4 1.2.5 1.2.6 1.2.7 1.2.8 The Charter Board is responsible for complying with and carrying out the provisions of this Operating Agreement, including compliance with applicable law and regulation and all reporting requirements. The Charter Board is responsible for the sound fiscal management of Charter School. The Charter Board shall be the final authority in matters affecting Charter School, including but not limited to staf?ng, job titles, employee salary and benefits, ?nancial accountability and curriculum. The Charter Board shall be subject to Louisiana Open Meetings Law (La. R.S. 42:1 1, et seq, Public Records Law (La. R.S. 44:1, er seq), Code of Governmental Ethics (La. R.S. 42:1101, et seq), and Public Bid Laws for the erection, construction, alteration, improvement or repair of a public facility or immovable property, pursuant to Part II of Chapter 10 of Title 38 of the Louisiana Revised Statutes. Each member of the Charter Board shall submit any Financial Disclosures required, pursuant to the Code of Governmental Ethics, as required by Act 786, signed into law June 30, 2010, and effective August 15, 2010. The Charter Board shall at all times maintain itself as a Louisiana non-profit corporation. The Charter Board shall remain in good standing under state law and shall timely make all required ?lings with the Louisiana Secretary of State. Charter School?s Articles of Incorporation, a Certificate of Incorporation evidencing its incorporation as a nonprofit, its Bylaws and amendments or modifications thereto shall be made part of this Operating Agreement. Charter School shall provide Authorizer with copies of all applications and filings related to its seeking or maintaining 501(c)(3) status. 1.3 Effective Date. This Operating Agreement shall be effective as of July 1, 2011. 1.4 Term. The Term of this Agreement shall be ten (10) years, expiring on June 30, 2021, unless terminated or extended pursuant to the terms hereof. 1.5 Location. The School is located at 12000 Haynes Boulevard, New Orleans, Louisiana 70128. If the School is located at an OPSB-controlled site, the use of such site shall be Subject to and governed by a Facilities Lease between the Parties and by OPSB policies relative to school assignments. Page 3 of 22 2. 00] Performance. 2.1 Authorizer will evaluate Charter School?s outcomes based on educational, ?nancial and organizational performance using the indicators and standards set out in OPSB Policy A127 or its successor (Charter School Evaluation Policy). 2.2 Substantial ful?llment of the targets set out in the Charter School Evaluation Policy shall be the standard for subsequent renewal of Charter School?s charter. 2.3 OPSB shall evaluate Charter School at least annually consistent with the standards and measures set out in Charter School Evaluation Policy. 3. School Operations. 3.1 Recruitment, Admissions, Enrollment and Retention. 3.1.1 Charter School is approved for the total maximum enrollment stated in Appendix 2: School-Speci?c Terms. Pursuant to La. RS. Charter School may enroll students, in any given year, up to 120% of the approved maximum enrollment. 3.1.2 Student recruitment, admissions, enrollment and retention decisions shall be made in a nondiscriminatory manner and without regard to race, color, creed, ethnicity, national origin, gender, sexual orientation, gender identi?cation, marital status, religion, ancestry, disability or need for special education services. 3.1.3 In no event may Charter School limit admission based on race, color, creed, ethnicity, national origin, gender, sexual orientation, gender identi?cation, marital status, religion, ancestry, disability, income level, athletic ability, or pro?ciency in the English language. 3.1.4 Pursuant to La. R.S. Charter School may give enrollment preference based on de?ned geographic boundaries (?neighborhood preference?) and on the attendance of siblings of a presently enrolled student in accordance with La. RS. Should state laws or regulations be amended to mandate neighborhood preference in enrollment, Charter School shall comply therewith the effective date of such mandate. 3.1.5 If there are more applications to enroll in the School than there are spaces available, Charter School shall select students to attend using an admissions lottery that shall be publicly noticed and open to the public. 3.2 Educational Program. Charter School shall have control over and responsibility for delivery of the Educational Program and for attainment of the academic performance standards as set forth in OPSB Policy A127 (Charter School Evaluation). ?Educational Program? means content and delivery related to student learning including course curricula; course content and testing; instructional methods; instructional materials such as textbooks and online instructional materials; professional development: and course schedules. Charter School shall have discretion to modify, amend, adapt and otherwise change the Educational Program as it deems necessary to achieve the academic performance standards subject to the following limitations: Page 4 of22 3.2.1 Charter School shall comply with the requirements for minimum instructional minutes for public schools set forth in La. R.S. 3.2.2 Charter school shall be subject to and comply with all requirements related to the state assessment and accountability system for public schools, pursuant to La. R.S. and La. R. S. 3.2.3 Charter School shall comply with Pupil Progression Plan, developed consistent with Louisiana Bulletins 1566, 741 and 1706, unless expressly amended by this Operating Agreement. The Parties agree that Charter School shall be permitted to include a representative in the preparation of Pupil Progression Plan and to submit and implement school speci?c exceptions to the Pupil Progression Plan, as long as such exceptions are not contrary to state or federal laws and regulations. 3.2.4 Charter School shall perform all student testing required by state law and BESE policy and regulations. Charter School shall comply with High school accreditation, nevx course creation, and end of course testing requirements as applicable to public charter high schools. 3.2.5 Charter School may use a Common Application Form and Timeline (?Common Application?) to conduct admissions and enrollment. Charter School may supplement the Common Application with a school?specific admissions policy, provided such policy does not con?ict with or contradict the Common Application. Any such policy shall be referenced in the School-Specific Terms (Appendix 2) and shall be incorporated herein by reference. 3.2.6 Consistent with the school?s mission, the Parties agree that the school-specific elements of the Educational Program identi?ed in Appendix 2 are material to the Operating Agreement (Material Terms) and changes to those terms shall constitute amendments to the Operating Agreement subject to agreement of the Parties. Such approval shall not be unreasonably withheld. 3.2.7 Charter School shall request changes to any Material Terms of the Educational Program in writing prior to the commencement of the school year in which it proposes to implement the changes. 3.2.8 Educational Program matters not speci?cally identi?ed in this Operating Agreement shall remain within Charter School?s authority and discretion. 3.3 Transportation. Consistent with Paragraph 5.2 of this Agreement (Transportation Funds), Charter School shall be responsible for providing free and adequate transportation to any requesting student enrolled in the School if the student resides more than one mile from such school. The transportation so provided may include payment and/or reimbursement of the cost of access to public transportation. This transportation requirement shall not include transportation needs related to students participation in optional extracurricular activities, before or after care programs or other such similar activities or events. Charter School shall provide whatever transportation is necessary to implement any individualized education program for a child with an exceptionality, without regard to how far the child resides from the School. Page 5 of22 3.3.1 Any transportation service agreements shall be entered into directly between Charter School and its transportation provider. OPSB shall not be a party to any such agreements. 3.4 District Resources. If eligible, Charter School may access OPSB instructional support resources, such as online learning platforms, summer school for qualifying students, and online assessment and instructional materials on the same terms as OPSB direct-run schools. 3.4.1 If eligible, Charter School may share in other state or federally funded resources designated for public schools ofthe District, whether per pupil or lump sum grant, unless Charter School is specifically excluded by state or federal law. 3.5 Exemptions. 3.5.1 Charter School shall be exempt from all rules and regulations of the state board and OPSB with the exception of those specifically agreed to in this Operating Agreement and the exceptions set out in La. R.S. 3.5.2 Charter School shall be exempt from all statutory mandates applicable to public schools and to public school officers and employees with the exception of those specifically agreed to in this Operating Agreement and the exceptions set out in La. R.S. 3.5.3 Charter School shall otherwise comply with all provisions of the Louisiana Charter School Demonstrations Program Law and with all state and federal accountability requirements to the extent that Charter School?s compliance affects Authorizer?s standing. 4 Special Education. 4.1 The Authorizer is the ?local education agency? for purposes of compliance with the Individuals with Disabilities Education Act 4.2 OPSB shall manage IDEA funds designated for the purpose of equitable delivery of support and-related services to eligible students to meet the ?excess cost? provision of services to students with disabilities. In no instance shall Authorizer subsidize Charter School?s cost for special education services beyond the state and or federal funding allocated for said services. 4.3 Special education services, related services, and accommodations for students who are eligible under the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973 (?Section 504?), the Americans with Disabilities Act or any applicable provisions of state law, shall be provided as follows: 4.3.1 Authorizer is responsible for ensuring that the requirements of federal and state special education law and regulations are met in the School, and that children with disabilities attending charter schools are served in the same manner as children with disabilities are served in Authorizer?s direct-run schools. Additionally, Authorizer will oversee procedural compliance with federal and state law and regulations concerning the education of students with disabilities. Authorizer will provide training, consultation and Page 6 of 22 4.3.2 4.3.5 4.3.6 4.3.7 4.3.8 advice to Charter School as needed with regard to compliance with laws and regulations applicable to students with disabilities, including, but not limited to, legal interpretations, recommendations for intervention strategies, and assistance in conducting Section 504 Plan and review meetings. Charter School shall comply with all OPSB policies, procedures and regulations concerning the education of students with disabilities. Additionally, Charter School shall be responsible for compliance with Section 504 and the ADA in its general curriculum, including but not limited to implementation of any formal Section 504 Plan that has been developed for a student. Charter School shall have an educational model for the delivery of special education services that complies with federal and state law. Charter School shall employ, as necessary, teachers to provide Specialized instruction to its students with mild to severe disabilities including a special education coordinator. Such teachers shall be appropriately trained, and certi?ed to provide the special education services for which they are employed, including meeting the de?nition of ?highly quali?ed teacher,? as set forth in Paragraph 9.3, below, and pursuant to the No Child Left Behind Act and IDEA, as amended periodically, and shall have such other training and quali?cations as prescribed from time to time for similarly situated district teachers by federal and state law and regulations. Charter School will deliver special education services in an inclusion setting when required in a child?s IEP. Charter School shall have a quali?ed special education coordinator who will be responsible for monitoring individual case management of all special education students and for arranging the provision of services required by their Charter School shall maintain a ?le documenting Charter School?s compliance with legal requirements regarding special education. Charter School shall indemnify OPSB for any costs, attorney fees, and/or ?nancial penalties imposed on OPSB by state and/or federal authorities arising out of actions or omissions ofCharter School relating to special education. OPSB shall indemnify Charter School for any costs, attorney fees, and/or ?nancial penalties imposed on Charter School by state and/or federal authorities due to actions or Omission of OPSB relating to special education. Charter School shall report to OPSB any and all informal or formal complaints relating to special education lodged with any and all state or federal agencies. 5 School Finance. Charter School shall control and be responsible for financial management and performance of Charter School including budgeting and expenditures. 5.1 School Funding and Eligibility. For purposes of funding, Charter School shall be considered an approved public school of OPSB, and shall receive a per pupil amount each year from OPSB based on the October ?rst membership count of the School pursuant to La. RS. 17:3995, except as provided for explicitly in Section 5.7 herein and Section 2.2.2 of Charter School?s Facilities Lease with OPSB, and the provisions ofthe Minimum Foundation Page 7 of 22 Program formula adopted by BESE and approved by the State Legislature (?Eligible Funds?), except that OPSB shall be entitled to withhold the following funds: 5.1.1 OPSB shall withhold an administrative fee of up to 2% of Eligible Funds as authorized under La. R.S. Should the State Legislature change the amount of the administrative fee, this paragraph shall be automatically amended to re?ect the maximum fee permitted by law. On or before June of each calendar year, OPSB will provide Charter School a projected budget with line item details of anticipated administrative costs that will be covered by the administrative fee, which shall include, but not be limited to, at least the following: administeringicoordination of accountability testing, facility management and oversight, issuance of transcripts and diplomas (current and former students). teacher certi?cation, and ESL and special education technical assistance and monitoring. An itemized accounting shall be provided by OPSB to Charter School at the end of each fiscal year in accordance with La. RS. 5.1.2 lfCharter School opts to lease an OPSB facility, OPSB shall charge Charter School a Use Fee in accordance with the terms of its applicable Facilities Lease. 5.1.3 Should Charter School acquire or own facilities that are not provided by OPSB, the local revenue portion of the MFP funding for the students housed in the facility shall not be reduced by local capital outlay or debt service amounts. 5.2 Transportation Funds. Charter School acknowledges that transportation for students enrolled at the School are included in the Minimum Foundation Program funds Charter School receives. 5.3 Additional Funds. Pursuant to La. RS. and subject to the limitations of this section, Charter School shall be eligible to receive any state and federal ?mds for which it or its pupils qualify. Charter School shall receive at a minimum its per pupil share of any state or federal grant program such as any funding provided for technology, teacher supplies, kindergarten through third grade reading and mathematics, summer school, and other remediation funding, as well as any other state or federal grant program where funding is distributed on a per pupil basis, and Charter School is eligible to receive such funding under the terms of the grant. Charter School shall comply with the terms of such grants. OPSB shall work cooperatively with Charter School to secure and maximize any and all state and federal ?Jnds for which Charter School may be eligible. 5.4 Title I Funding. 1f Charter School receives federal Title I funds under the Elementary and Secondary Education Act, it must meet all applicable requirements under that Title, including, but not limited to, participating in public school choice (and any related set asides), comparability requirements, and teacher credentialing. 5.5 Reimbursement. If Charter School is eligible for reimbursement of funds under a state or federal program, Authorizer shall submit such reimbursement request to the appropriate state or federal entity within 30 days of receipt of a complete and accurate reimbursement request from Charter School. Charter School shall submit reimbursement requests in accordance the Charter School Reporting Calendar. (See Paragraph 6, below). Further, in accordance with La. R.S. 17:3995 within fifteen days of the receipt of any state, local, or other funding to which Charter School is entitled or which came as a result of students enrolled in Page 8 of22 Charter School, Authorizer shall ensure that those funds are available for use by Charter SchooL 5.6 School Tuition and Fees. Charter School shall not charge any student tuition, an attendance fee, or a fine of any kind unless allowed by state or federal law. Any such fee shall be subject to a waiver process created by Charter School that considers individual family circumstances. Charter School shall not condition the enrollment of any student on the payment or nonpayment of fees, except Pre-K tuition as allowed by state or federal law. 5.7 Alternative School Fees. Charter School shall pay OPSB the actual per-pupil fee, based on the October 151 MFP enrollment, paid by OPSB on behalf of Charter School to the Recovery School District for alternative school services, unless or until OPSB contracts with another alternative education provider, at which time Charter School may continue to use and pay for alternative school services through OPSB or may elect to use another provider. Such fee shall be invoiced in equal installments over a 12-month fiscal year, commencing January 1, 2012, and shall be paid within 30 days ofthe date of such invoice. If Charter School fails to pay such fee within 30 days, OPSB may withhold payment of the delinquent amount owed from Charter School?s next Eligible Funds. 5.8 Collateralization. Public funds must be collateralized in accordance with Title 49, Section 321 of the Louisiana Revised Statutes. 5.9 Non-appropriation. The continuation of this Operating Agreement is contingent upon a legislative appropriation or allocation of funds necessary to fulfill the requirements of this section. If the legislature fails to appropriate suf?cient monies to provide for the continuation of the Operating Agreement, or if such appropriation is reduced by the veto of the Governor or by any means provided in the appropriations act to prevent the total appropriation for the year from exceeding revenues for that year, or for any other lawful purpose, and the effect of such reduction is to provide insufficient monies for the continuation of the Operating Agreement, OPSB may terminate the Operating Agreement on the date of the beginning of the first fiscal year for which funds are not appropriated. No liability shall accrue to OPSB in the event this provision is exercised. OPSB shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. 5.10 Charter School Debt. Pursuant to La. R.S. 17:3993, Charter School is solely responsible for all debt it incurs, and OPSB shall not be contractually bound on Charter School?s account to any third party. A statement to this effect shall be a provision of any and all contracts entered into by Charter School. 6 Transparency and Accountability (School Reporting Requirements). OPSB shall provide Charter School with a Charter School Reporting Calendar (?Reporting Calendar?), as well as related report templates, Where applicable, on or before the commencement of each contract year. OPSB shall endeavor to make the Reporting Calendar complete and will notify Charter School of any changes to the Reporting Calendar and/or templates. Charter School shall be responsible for submitting timely and complete reports to OPSB in accordance with the Reporting Calendar and all applicable state and federal laws. Page 9 of 22 6.1 Student Data. 6.1.1 6.1.2 6.1.5 Charter School shall comply with data reporting requirements as required by Authorizer and in accordance with all applicable state and federal laws and regulations. Charter School shall make available to OPSB for its records and review such demographic information as it collects related to its applicant pool and its admission results. Charter School shall supply in a timely manner all reports, test results and other information required under this Operating Agreement, state law and BESE policy and regulation. Required reporting shall include, but not be limited to, ?live data? reporting of the School?s information, including attendance information, through student information system. Charter School shall maintain contemporaneous records to document pupil attendance and shall make such records available for inspection at Authorizer?s request. 6.2 Charter Board Meetings and Meeting Records. 6.2.1 6.2.2 6.2.3 Charter School shall comply with all applicable provisions of the Louisiana Open Meetings Laws, including with regard to the scheduling of Charter Board meetings, meeting agendas, public notice of meetings, and records of those meetings. At the start of each school year Charter School shall provide to OPSB a written schedule of Charter Board meetings for that school year. Charter School shall notify OPSB with any modi?cations to that schedule. All reports provided to Charter Board must be copied to OPSB, with the exception of any reports that are privileged, confidential or provided in executive session. 6.3 Annual Evaluation Reports. Charter School shall provide to OPSB information on the prior year performance to Authorizer no later than August 3151: each year and such other reports as may be required by applicable state law. Charter School shall report on the following: 6.3.1 Charter School shall evaluate the effectiveness of its plan for driving its students? academic improvement, using data to describe the academic progress made by the School?s students over the previous school year. Annual Evaluation Reports shall include an executive summary and shall address the following, without limitation: 6.3.1.1 Number of students served; 6.3.1.2 Demographic characteristics of students, including with respect to race, percentage that qualify for free lunch, percentage that are English language learners (and what the home language is for such English language learners), percentage of students with disabilities; and Page 10 of22 6.3.1.3 Student performance on standardized measures of evaluation. 6.3.2 Schedule of types and categories of fees assessed parents, including, without limitation, fees related to activity fees, extracurricular fees, before and after care, Pre-K tuition, supplemental enrichment fees, school trips, special projects, graduation ceremonies, and other special events; procedures for implementation of the waiver process required under Paragraph 5.6 of this Operating Agreement; and procedures for collection, recordation, and administration of fees collected. 6.3.3 Annual reports must include emergency preparedness plan for natural disasters and threats of violence to students, staff and faculty. 6.3.4 Annual reports must be made available to parents or guardians of pupils enrolled in the school and the community, indicating Charter School?s progress toward meeting the performance objectives as stated in the Charter. 6.4 Financial Reports. 6.4.1 Charter School shall prepare and deliver the following reports to Authorizer: An independently audited ?nancial report for Charter School meeting Scope of Audit requirements. Such audit shall be conducted by an auditor selected from the Louisiana Legislative Auditors? approved list of independent auditors and shall be submitted annually, on or before September 30; 6.4.1.2 Quarterly financial statements consistent with the Reporting Calendar; 6.4.l.3 Any other ?nancial and/or operational reports relating to Charter School that may be required under applicable state law, by the Louisiana Department of Education, or as shall be reasonably required by Authorizer. 6.4.2 Payments Due. Charter School shall immediately notify OPSB if Charter School defaults on any obligation, which shall include debts for which payments are past due by sixty (60) days or more. 6.4.3 Enrollment. Charter School shall submit projected, current, and ?nal student enrollment information in accordance with ?nancial and attendance reporting requirements. 6.5 External Reporting. Charter School shall be responsible for additional reporting as required for compliance with state, federal and other external reporting requirements. 6.6 Inspection. All ?nancial records of Charter School pertaining to the management and operation of the School are subject to inspection and production as required for ful?llment of the ?duciary responsibilities. Within sixty (60) days of receipt of any documents, data and records provided by Charter School pursuant to compliance with School Reporting Requirements, OPSB shall notify Charter School in writing of material problems, questions, concerns, and/or issues related to such documents, data, and reports. 7 Assets. Page 11 of22 7.1 Charter School shall maintain a complete and current inventory of all of its property and shall update the inventory annually. 7.2 Charter School shall take all necessary precautions to safeguard assets acquired with public funds. 7.3 If the Charter is revoked, non?renewed, or surrendered, or terminated: 7.3.1 Any assets acquired in whole or in part with public funds shall be deemed to be the property of and 7.3.2 Any assets acquired wholly with private funds shall be deemed to be the property of the Charter School, provided that Charter School has maintained records demonstrating that such assets have been acquired without the use of public funds; and 7.3.3 Any assets acquired wholly with private funds shall be disposed of by Charter School consistent with Louisiana nonprofit law upon dissolution of the Charter School. 7.3.4 If Charter School?s records fail to establish clearly whether an asset was acquired with the use of private funds, the assets shall be deemed to be the property of OPSB. 8 Insurance and Surety. 8.1 Charter School shall provide and maintain such insurance as will protect Charter School from claims under Worker?s Compensation Acts, including but not limited to the Louisiana Workers? Compensation Act, and any other claims for damages or personal injuries including death that may arise from operations under this Operating Agreement, whether such operation be by Charter School directly or by any contractor, subcontractor, or by anyone directly or indirectly employed by either of them. Material revisions to the terms of the insurance may be made only with the approval of OPSB and Charter School. Without limiting any obligations or liabilities of Charter School under this Operating Agreement, Charter School shall provide and maintain during the course of this Operating Agreement, at its sole cost and own expense, without reimbursement, minimum insurance coverage as follows: 8.1.1 Worker?s Compensation insurance in accordance with state law. 8.1.2 Comprehensive General Liability insurance with a minimum combined single limit of $1,000,000 each occurrence. 8.1.3 Comprehensive Automobile Liability insurance with a combined single limit for bodily injury and property damage or not less than $1,000,000 each occurrence with respect to the schools? owned, hired or non-owned vehicles, assigned to or used in performance of the services offered by the school. 8.1.4 Charter School shall maintain Errors and Omissions Liability Insurance on behalf of Charter School and conforming to the following requirements: 8.1.4.1 Errors and Omissions liability insurance shall cover Charter School for those sources of liability arising out of the rendering or failure to render professional services in the Page 12 of22 performance of this agreement, including all provisions regarding financial management and indemni?cation. 8.1.4.2 The insurance shall be subject to a maximum deductible not to exceed $10,000 per claim. 8.1.4.3 The minimum limits to be maintained by Charter School shall be no less than $1,000,000 per claim/annual aggregate. 8.1.5 OPSB shall be named as an additional insured under all of the aforementioned insurance policies. In any and all instances where Charter School requires a certi?cate of insurance from a third party, Charter School shall require said third party to name OPSB as an additional insured. 9 Personnel. 9.1 Collective Bargaining. The provisions of any collective bargaining agreement entered into by OPSB shall not apply to Charter School. The provisions of any collective bargaining agreement entered into by Charter School shall not apply to OPSB. 9.2 Certi?cation/Credentialing. Instructional staff at Charter School shall comply with all applicable state certi?cation and credentialing requirements consistent with the Elementary and Secondary Education Act (No Child Left Behind or 9.3 Highly Quali?ed Status. To the extent that Charter School receives Title I funding, it must ensure that 100% of teachers in core academic subjects are Highly Qualified (as defined in NCLB) or are working pursuant to a plan to achieve Highly Qualified status, unless otherwise provided by Louisiana Department of Education (LDOE) or US. Department of Education guidance or regulations. 9.4 Personnel Evaluations. Charter School shall comply with all state mandated requirements for personnel evaluations, unless specifically excluded. 9.5 Nationally Certified Teachers. In its role as the employer of its own staff, Charter School shall fund the stipend for any and all Nationally Certi?ed Teachers employed at the site, pursuant to La. R.S. 1724216, regardless of whether the Louisiana Legislature appropriates funds for reimbursement of such stipend, unless otherwise provided by LDOE regulations or state law. 10 Oversight. 10.1 Authority. OPSB shall have oversight authority over Charter School as permitted under State law and may take all reasonable steps necessary to confirm that Charter School is and remains in material compliance with this Operating Agreement and applicable law. In accordance with state law, the Authorizer?s oversight of Charter School shall include, but not be limited to, the following activities: 10.1.1 Oversight, intervention (as defined in Subparagraph 10.6.1), revocation, renewal, and closure processes and procedures for Charter School; Page 13 of22 10.1.2 Monitoring the performance and compliance of Charter School within the terms of this Operating Agreement and applicable laws, policies and regulations; 10.1.3 Ensuring Charter School compliance with reporting requirements; 10.1.4 Monitoring the educational, legal, fiscal and organizational condition ofCharter School; and 10.1.5 Providing guidance to Charter School on compliance and other operational matters. 10.2 Inspection. All records established and maintained in accordance with the provisions of this Agreement, applicable policies and/or regulations, and federal and state law shall be open to inspection by Authorizer, the State Board of Elementary and Secondary Education, the Louisiana Department of Education, the Louisiana Legislative Auditor, law enforcement officials, contracted evaluators or any other federal, state, or local regulatory agency within a reasonable period oftime after request is made. 10.3 Meeting Attendance. 10.3.1 Charter School?s representative(s) shall attend all training sessions required by Authorizer, the State Board of Elementary and Secondary Education, or the State or Federal Department(s) of Education. 10.3.2 OPSB shall, annually, provide Charter School a schedule of regularly scheduled and reasonably anticipated meetings and training sessions at which Charter School?s attendance will be required. 10.4 Site Visits. Authorizer shall visit the School at least annually. Authorizer may, at its discretion, conduct announced formal school visits. Such site visits may include any activities reasonably related to ful?llment of its oversight responsibilities including, but not limited to, inspection of the facilities; inspection of records maintained by Charter School; interviews and observations of the principal, staff, school families, and community members; and/or observation of classroom instruction. '1 0.5 Noti?cation. 10.5.1 Charter School shall notify Authorizer immediately of any conditions that it knows are likely to cause it to violate the terms of this Operating Agreement or Charter School?s Articles oflncorporation. 10.5.2 Charter School shall notify Authorizer immediately of any circumstance requiring the closure of the School, including but not limited to a natural disaster, such as an earthquake, storm, flood or other weather-related event, other extraordinary emergency, or destruction of or damage to the school facility. 10.5.3 Charter School shall immediately notify Authorizer of the arrest or charge of any members of Charter School?s governing board or of any Charter School employee for a crime punishable as a felony, any crime related to the misappropriation of funds or theft, any crime or misdemeanor constituting an act against a minor child or student, or of the Page 14 of22 investigation ofa member of Charter School?s governing board or of any Charter School employee for child abuse. 10.5.4 Charter School shall notify Authorizer immediately of any change to its board of directors, its signing authority, its corporate legal status, or any change in its standing with the Louisiana Secretary of State?s Of?ce. 10.5.5 Charter School shall notify Authorizer of any change to its Certi?ed Public Accountant, or its Quali?ed Business Professional. 10.5.6 Charter School shall notify Authorizer immediately of a default on any obligation, which shall include debts for vi hich payments are past due by sixty (60) days or more. 10.5.7 Charter School shall notify Authorizer immediately if at any time during the school year, the School?s enrollment decreases by ten percent or more compared to the most recent pupil count submitted to the OPSB or the Louisiana Department of Education. 10.5.8 Charter School shall notify Authorizer immediately if at any time Charter School receives notice or is informed that Charter School or Authorizer are parties to a legal suit. 10.5 .9 Authorizer shall notify Charter School immediately of any formal complaints received by Authorizer about Charter School or its operation, including but not limited to complaints filed with the Office for Civil Rights, Louisiana Commission on Human Rights, and Equal Employment Opportunity Commission, and/or formal grievances filed by any party with Authorizer. . 10.5.10 Charter School shall notify Authorizer immediately of any formal complaints received by Charter School including but not limited to complaints ?led with the Office for Civil Rights, Louisiana Commission on Human Rights, and Equal Employment Opportunity Commission, and/or formal grievances filed by any party with the governing board of Charter School. 10.5.11Charter School shall notify Authorizer of any change in school calendar involving the number of days of instruction. 10.5.12Charter School shall notify Authorizer of any material change in the School?s Special Education procedures. 10.6 Intervention. 10.6.1 Consistent with any oversight practices set out in any required federal or state monitoring plan, OPSB shall follow a progressive system of noti?cation and calls for corrective action, ?intervention,? on the part of Charter School. 10.6.2 Charter School shall indemnify OPSB for any costs, attorney fees, and/or financial penalties imposed on OPSB by state and/or federal authorities arising out of actions or omissions of Charter School relative to regulatory compliance. Page 15 of22 10.6.3 OPSB shall indemnify Charter School for any costs, attorney fees, and/or ?nancial penalties imposed on Charter School by state and/or federal authorities due to actions or omission of OPSB relative to regulatory compliance. 10.6.4 To the extent that complaints received by OPSB about Charter School may trigger intervention, including revocation or non-renewal of the Operating Agreement, OPSB may monitor Charter School?s handling of such complaints. In such cases, OPSB may request, and Charter School shall provide information regarding Charter School?s actions in responding to those complaints. 11 Revocation/Termination. 11.1 As provided by law, this Operating Agreement may at any time be terminated and revoked upon a determination and af?rmative vote by a majority of OPSB that Charter School, its board members, of?cers or employees did any of the following: 1 1.1.1 Committed a material violation of this Operating Agreement; 1 1.1.2 Failed to substantially achieve within the agreed timelines the academic results speci?ed in this Operating Agreement; 11.1.3 Failed to meet generally accepted accounting standards for ?scal management; or 1 1.1.4 Egregiously and/or consistently violated applicable federal, state or local law. 11.2 The Operating Agreement may be terminated immediately and the charter revoked if OPSB determines that the health, safety, and/or welfare of students is threatened. 11.3 The Operating Agreement may be terminated immediately by OPSB and the charter revoked under the following conditions: 1 1.3.1 gross mismanagement ofpublic funds; or 1 1.3.2 ?nancial malfeasance; or 1 1.3.3 failure to retain facilities; or 11.3.4 enrollment insuf?cient to meet ?nancial obligations. 1 1.4 In any instance where termination is deemed warranted by OPSB, OPSB shall provide to Charter School written notice of the reasons for the proposed termination, which notice shall include any ?ndings and reasons for such action. Charter School shall then have the opportunity to appear before an OPSB Board meeting, recorded and transcribed at Charter School?s expense, with Witnesses if necessary, to answer such ?ndings prior to a vote of OPSB to terminate this Agreement. 1 2 Closure. 12.1 In the event that Charter School is required to cease operation of the School for any reason, including but not limited to non-renewal, revocation, or voluntary surrender of Page 16 of22 the Charter, Charter School shall cooperate with Authorizer in ensuring the orderly closure of the School including, but not limited to: 12.1.1 securing student records; 12.1.2 assisting in enrollment of students in appropriate schools; and 12.1.3 managing all financial records consistent with Authorizer?s school closure requirements and policies. 12.2 In the event that OPSB terminates the Charter, OPSB shall not be further obligated to pay any additional local funds to Charter School from the date of termination. 12.3 In the event that Charter School ceases operations of the School, Charter School and its governing body will be responsible for winding up the business and affairs of Charter School and will cooperate with OPSB as necessary to provide an orderly enrollment of students in other schools. Any public surplus remaining at the time Charter School ceases operations of the School shall be remitted to OPSB within thirty (30) days of the day students no longer attend the School. Any furniture and equipment purchased with public funds shall be delivered to OPSB within thirty (30) days of the day students no longer attend the School. 12.4 Pursuant to La. RS. 17:39.93, OPSB shall not be liable for Charter School?s unpaid debts if Charter School does not have sufficient funds to pay all of its debts at the time it ceases operations. 13 Dispute Resolution. 13.1 In the event ofa dispute between Charter School and OPSB regarding the terms of this Operating Agreement or any other issue regarding the relationship between Charter School and OPSB, the Parties agree to implement the following dispute resolution plan in good faith. 13.2 Each Party agrees to notify the other, in writing, ofthe Specific disputed issue(s). 13.3 Within thirty (30) days of sending written correspondence, or longer if both parties agree, Charter School?s representatiye and representative, or their designees, shall confer in a good faith effort to resolve the dispute. 13.4 Indemni?cation and Acknowledgments 13.4.1 Charter School shall defend, indemnify, and hold harmless OPSB, its of?cers, directors, agents, employees, partners, and subcontractors (collectively referred to as Indemnitees?) from any and all claims, demands, suits, actions, proceedings, losses, costs, judgments, damages or other forms of liability to third parties, of every kind and description, actual or claimed, including but not limited to attorneys? fees and/or litigation expenses, including, but not limited to injury to property or persons (including, but not limited to civil rights violations), occurring or allegedly occurring, in connection with the operation of the School from conduct committed or alleged to have been committed on the premises of the School or by Charter School, or by its employees, officers, directors, subcontractors, or agents, during the term of this charter or any renewal thereof, which may be brought or made against or incurred by the OPSB on Page 17 of22 13.4.2 13.4.3 13.4.4 account of any action of Charter School, its employees, agents or assigns, except when caused in whole or in part by the wanton, willful or intentional acts of OPSB lndemnitees. The provisions or limits of insurance required under this contract shall not limit the liability of Charter School. Charter School shall defend OPSB in any such action or proceedings brought thereon. OPSB shall defend, indemnify, and hold harmless Charter School, its officers, directors, agents, employees, partners, and subcontractors (collectively referred to as ?Charter School lndemnitees?) from any and all claims, demands, suits, actions, proceedings, losses, costs, judgments, damages or other forms of liability to third parties, of every kind and description, actual or claimed, including but not limited to attorneys? fees and/or litigation expenses, including, but not limited to injury to property or persons (including, but not limited to civil rights violations), occurring or allegedly occurring, from conduct committed or alleged to have been committed by OPSB, or by its employees, officers, directors, subcontractors, or agents, during the term of this charter or any renewal thereof, which may be brought or made against or incurred by the Charter School on account of any action of OPSB, its employees, agents or assigns, except when caused in whole or in part by the wanton, willful or intentional acts of Charter School lndemnitees. The provisions or limits of insurance required under this contract shall not limit the liability of OPSB. OPSB shall defend Charter School in any such action or proceedings brought thereon. Any management contract entered into by Charter School shall include an indemni?cation provision as follows: The management company shall indemnify, save and hold OPSB lndemnitees harmless against any and all claims, demands, suits, actions, proceedings, losses, costs, judgments, damages or other forms of liability to third parties, of every kind and description, actual or claimed, including but not limited to attorneys? fees and/or litigation expenses, including, but not limited to injury to property or persons (including, but not limited to civil rights violations), occurring or allegedly occurring, in connection with the operation of the School, or from conduct committed or alleged to have been committed on the premises of the School or by Charter School, or from conduct committed by the management, or by its employees, officers, directors, subcontractors, or agents, during the term of this charter or any renewal thereof. The management company shall defend OPSB lndemnitees in any such action or proceedings brought thereon. OPSB and Charter School shall give prompt written notice to the other of the assertion of any claim or the commencement of any litigation for which indemnification is sought and shall cooperate with each other in the defense of the claim or litigation. Charter School shall not settle or compromise any claim against OPSB without the express written permission of OPSB. This Operating Agreement is not an employment contract. No of?cer, employee, agent or subcontractor of Charter School is an officer, employee, or agent of OPSB. Page 18 of 22 13.4.7 The parties acknowledge that, pursuant to La. RS. 1723993, OPSB and its members individually are immune from civil liability for any damages arising with respect to all activities related to the operation of any type of charter school they may authorize as a chartering authority. 13.4.8 This indemni?cation shall not apply to the extent that any claim, lien, demand, suit or liability arises from the sole negligence of wrongful act or omission of any OPSB Indemnitee. 13.4.9 Nothing herein shall waive the right of OPSB lndemnitees to assert any statutory or legal defense of sovereign immunity or of?cial immunity. 13.4.10This indemni?cation, defense and hold harmless obligation shall survive the termination of this Operating Agreement. OPSB or Charter School shall have the right, at its own expense, to participate in the defense of any lawsuit to which it is a party, Without relieving the other of its obligations hereunder. 14 Shared Services. Consistent with La. RS. the Parties may enter into a separate shared services agreement (?Shared Services Agreement?) or agreements for any or all separate services: 15 Contract Construction. 15.1 Entire Agreement. The Parties intend this Agreement, including all attachments and exhibits, to represent a ?nal and complete expression of their agreement, which shall be considered the Agreement. All prior representations, understandings and discussions are merged herein, and no course of prior dealings between the Parties shall supplement or explain any terms used in this document. The Parties recognize that amendments to this Agreement may be approved from time to time hereafter. 15.2 Authority. The individual of?cers, agents and employees of the parties hereto who execute this Agreement do hereby individually represent and warrant that they have full power and law?il authority to execute this Agreement. 15.3 Notice. Any notice required or permitted under this Operating Agreement shall be in writing and shall be effective immediately upon personal delivery, subject to veri?cation of service or acknowledgment of receipt, or three (3) days after mailing when sent by certi?ed mail, postage prepaid to the following: Orleans Parish School Board: Charter School: Superintendent Chief Executive Of?cer Orleans Parish School Board Lake Forest Elementary Charter School 3520 General de Gaulle Dr. Corporation Suite 5055 12000 Haynes Boulevard New Orleans, LA 70114 New Orleans, Louisiana 70128 Page 19 of22 With copy to: Board President 3520 General de Gaulle Drive Suite 5055 New Orleans, Louisiana 70114 And copy to: General Counsel 3520 General de Gaulle Drive Suite 5055 New Orleans, Louisiana 70114 15.4 Waiver. The failure of either Party to insist on strict performance of any term or condition of this Operating Agreement shall not constitute a waiver of that term or condition, even if the Party accepting or acquiescing in the nonconforming performance knows of the nature of the performance and fails to object to it. 15.5 Non-assignability. No right or interest in this Operating Agreement shall be assigned by anyone on behalf of Charter School, and delegation of any contractual duty of Charter School shall not be made Without prior written approval of Authorizer. A violation of this provision shall be grounds for immediate termination of this Operating Agreement and revocation of Charter. 15.6 Should Charter School propose to enter into a contract with another entity to manage the School, Charter School agrees to submit all information requested by Authorizer regarding the management arrangement, including a copy of the proposed contract and a description of the management company, with identification of its principals and their backgrounds. Charter School shall not enter a management contract Without written Authorizer approval. 15.7 Applicable Law. This Operating Agreement shall be governed by and construed in accordance with the laws of the State of Louisiana, including all requirements imposed by BESE policy and regulation, and all applicable federal laws of the United States. 15.7.1 The Parties intend that, Where this Operating Agreement references federal or state lavvs, state regulations and OPSB policy, they be bound by any amendments to such laws, regulations and policies upon the effective date of such amendments. 15.7.2 Charter School shall comply with all federal and state laws and regulations that are applicable to charter schools unless Charter School has expressly received a waiver from such laws and regulations. 15.8 Amendments. 15.8.1 Amendments Requiring Authorizer Approval. Pursuant to La. RS. 17399203), any amendment to this Operating Agreement will be effective only if approved by a majority vote of the Authorizer at a public meeting. The proposed amendment must be submitted Page 20 of 22 to the OPSB in writing and accompanied by a resolution of the Board of Directors of Charter School within five (5) days of adoption. An amendment shall not become effective, and Charter School shall not take action or implement the change requested in the amendment until the amendment is approved by the Authorizer. Changes in operation that require Charter School to obtain an amendment to this Contract include the following: 0 Changes to any Material Term of this Operating Agreement as set forth in Appendix 2; - Changes in Charter School?s Articles of Incorporation and/0r Bylaws that are contrary to the terms ofthis Operating Agreement; 0 Changes in legal status of Charter School; - Changes in school?s mission; and 0 Changes in school location (change of site and/or adding or deleting sites). 15.8.2 Amendments Requiring Notification of Change. Changes to this Operating Agreement listed below do not require amendment as described in paragraph 15 .81; rather, such changes shall be accomplished through written noti?cation. The written noti?cation shall include a copy of the resolution of the Board of Directors of Charter School authorizing such change. Changes requiring noti?cation include: 0 Mailing address, phone and fax number ofCharter School: . Changes in Charter School?s President; and 0 Changes in Chief Operating Of?cer or Chief Executive Officer of Charter School. 15.9 Venue. The Parties to this Operating Agreement irrevocably consent to any suit, action, or proceeding with respect to this Operating Agreement being brought in the Civil District Court for the Parish of Orleans, State of Louisiana. 15.10 Severability. The provisions of this Operating Agreement are severable. Any term or condition deemed illegal or invalid shall not affect any other term or condition, and the remainder of the Operating Agreement shall remain in effect unless otherwise terminated by one or both of the Parties. 15.11 Third Parties. The enforcement of the terms and conditions of this Operating Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to OPSB and Charter School. Nothing contained in this Operating Agreement shall give or allow any claim or right of action whatsoever by any other or third person. It is the express intent of the Parties to this Operating Agreement that any person receiving services or benefits hereunder shall be deemed an incidental beneficiary only. 15.12 Counterparts; Signature by Facsimile. The Operating Agreement may be signed in counterparts, which shall together constitute the original Operating Agreement. Signatures received by facsimile by either of the Parties shall have the same effect as original signatures. REMAINDER OF PAGE IN TENTIONALLY BLANK Page 21 of 22 IN WITNESS WHEREOF, the Parties have made and entered into this Operating Agreement as of the Effective Date. ORLEANS PARISH SCHOOL BOARD grc/fH/ME/ Signature Print Name: Lourdes Moran Title: President Date: 1/4254 LAKE FOREST ELEMENTARY CHARTER SCHOOL CORPORATION ?rst 5 Signature Print Name: Title: EXQQR Date: Page 22 0f22 ?At the desk where I sit, I have learned one great truth. The an- swer for all of our national prob? lems? the answer for all the prob? lems of the world? comes down to a single word. That word is ?education . President Lyndon B. Johnson The Council for Quality Education Board of Directors Lee Caston, President Norman Robinson Windi D. Brown Donald Pate Leila Eames Denise Williams Gina Dupart Lake Forest lilementary Charter School Board Board Meeting Minutes June 20, 2011 Extract The meeting of the Board of Directors for Lake Forest Elementary Charter School (LFCS) was held at 1:30 pm on June 20, 2011. Board Members Present: Lee Caston, Leila Eames, Gina Dupart, Denise Williams, Donald Pate, Windi Brown Mardele S. Early, CEO/Principal present Meeting was called to order by Lee Caston, board president, announced that we have a quorum. Pre- vious board meeting minutes were submitted by Denise Williams. Motion was made by Lee Caston to accept and approve the minutes, Gina Dupart seconded the motion and the minutes were unani- mously accepted. CEO/Principal?s Report 1. Operating Agreement Update: Conference calls and meetings are still proceeding in regard to getting a ?nal draft of the operating agreement. Most issues have been resolved but a few are still being discussed. Gina Dupart, board member, made a motion authorizing Lee Caston, board president, to Sign an operating agreement between Lake Forest Elementary Charter School Corporation and the Orleans Parish School Board. The motion was seconded by Windi Brown and unan -imously accepted by all board members. 2. School Facilities Lease Update There is basically one unresolved facilities issue. Ms. Early explained that issue and re ported that Lee Reid will continue to have discussions about the issue with OPSB and its administration. Again, both sides are working diligently in a positive manner to resolve the issue. LFC is not presently in an OPSB facility, so we do not have to sign a facilities lease until we hopefully get in a new school site. This is a true copy of an extract of minutes of the Lake Forest Elementary Charter School Board Meeting held on June 20, 201 1 at 1:It?d/W) Denise Williams, Secretary GM 3 0: 010/7 Date ?Soaring to Higher Heights and Beyond? 12000 Hayne Boulevard New Orleans, LA 70128 ?One can do much. And one and one and one can move mountains.? Joan Ward-Harris TYPE 3 CHARTER SCHOOL OPERATING AGREEMENT BETWEEN LAKE FOREST ELEMENTARY CHARTER SCHOOL CORPORATION AND THE ORLEANS PARISH SCHOOL BOARD APPENDIX 2: SCHOOL-SPECIFIC TERMS 1. Term. Notwithstanding any provision in the Operating Agreement to the contrary, the Term of this Agreement shall be 10 years, commencing on July 1, 2011 and ending on June 30, 2021. However, no alternative school fee shall be charged to or due from Lake Forest Charter School before January 1, 2012. 2. Enrollment. Lake Forest supplements the Shared Application Form and Timeline with the following school speci?c admissions policies and procedures: Lake Forest uses academic assessments and other criteria in a selective admissions matrix in a manner that is consistent with the requirements of the school?s role, scope and mission, but does not use any intelligence tests for admissions purposes. The system of admissions decisions precludes exclusion of pupils based on race, religion, gender, ethnicity, or national origin. Preferential admission is given to siblings of current Lake Forest students who meet the admissions requirements. When there are more quali?ed applicants than there are vacancies, a lottery is held to ?ll the available positions. Late applications are accepted, but are processed only if there are openings in the grade to which the student has applied. Lake Forest additionally maintains a gifted Pre?K progam for which admissions procedures differ. Parents interested in the school?s gifted Pre-K program are encouraged to schedule with the Orleans Parish School Board?s Department of Exceptional Children?s Services for an evaluation. Orleans children aged from 3 years to 4 years and whose evaluation results meet the criteria for gifted (as established in the Louisiana Department of Education Bulletin 1508) are eligible to enroll in the school?s gifted Pre?K program. 3. Material Terms. The following terms shall be considered material to Charter School?s Educational Program consistent with 1i 3.2.6 of the Operating Agreement: a. Current grade con?gurations and levels served including previously approved grade expansions. Charter School is authorized to serve gades PreK Gifted and Kindergarten through 81h Grade. b. Authorized Maximum Enrollment: 500. Contract with [Service Provider for comprehensive educational services (if applicable). Essential characteristic of Educational Program [as applicable] Essential characteristic #1 Charter School offers a rigorous, accelerated academic program incorporating visual, cultural, and creative arts, which will ultimately enhance each student?s ability to become a global, contributing citizen. Historically, Lake Forest Charter has provided an on-site swimming program as a part of our curriculum and will continue to offer this on-site program in the future. Essential characteristic #2 Charter School provides a nurturing environment with a focus on character education and social skills coupled with research-based teaching strategies which ultimately produce positive community minded citizens. Essential characteristic #3 Charter School offers a challenging program with a high value on academics, leadership preparation, critical and creative thinkers who are college?bound graduates. Essential characteristic #4 Charter School offers student/teacher ratio as approved in initial charter application. . Performance Review. Pursuant to the District?s authority and responsibility to monitor Charter School performance under La. R.S. any Operating Agreement with a Term greater than ?ve years shall be subject to a formal Performance Review during the ?fth year of the Term. Such Performance Review shall be consistent with the Performance Standards and Material Terms of the Operating Agreement. The Performance Review shall culminate with a District ?nding of the degree to which Charter School is in good standing with the terms of the Operating Agreement. For any ?nding that Charter School is not in good standing, OPSB shall document the reasons for the ?nding (Performance Issue(s)); the outcomes necessary for Charter School to resolve the Performance Issue(s); and a timeline for remedy or cure of the Performance Issue(s).