Exhibit B
Exhibit B
Exhibit B
Contract
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between
and
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CHARTER CONTRACT 4
RECITALS 4
Part 7: Oversight 21
7.1 Authority 21
7.2 Inspection 21
7.3 Site Visits and Evaluations 22
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7.4 Notification 22
7.5 Intervention 23
Part 9: Closure 25
9.1 Closure 25
Signature Page 31
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CHARTER CONTRACT
This agreement constitutes a Charter Contract (the “Charter Contract”) executed between the
State Public Charter School Authority (the “Authority”), and Democracy Prep at the
Agassi Campus (the “Charter School”) (collectively, the “Parties”), an independent and
autonomous public school authorized to operate in the State of Nevada.
RECITALS
WHEREAS, The primary consideration of the legislature in enacting legislation to authorize
charter schools is to serve the best interests of all pupils, including pupils who may be at risk;
and
1. The board of trustees of school districts with a method to experiment with providing
a variety of independent public schools to the pupils of this state;
WHEREAS, It is further the intention of the legislature to provide teachers and other
educational personnel, parents, legal guardians and other persons who are interested in the
system of public education in this state the opportunity to:
2. Increase the opportunities for learning and access to quality education by pupils;
3. Encourage the use of different and innovative teaching methods;
4. Establish appropriate measures for and assessments of the learning achieved by
pupils who are enrolled in charter schools;
5. Provide a more thorough and efficient system of accountability of the results
achieved in public education in this state; and
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WHEREAS, on March 22, 2017, Democracy Prep Nevada entered into a 6-year charter
contract with the Nevada Achievement school district beginning in the 2017-18 school year to
manage Democracy Prep at the Agassi Campus;
WHEREAS, Section 80.75 of Assembly Bill 78 (2019) requires the Authority to enter into a
contract with Democracy Prep at the Agassi Camus; and WHEREAS, the Parties intend that
this Charter Contract serve as a performance contract that governs the operation of the
Charter School;
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the Authority.
1.5 Charter School Governing Body
1.5.1 The Charter School shall be governed by the Charter Board, and deemed a public
body, in a manner that is consistent with the terms of this Charter Contract so
long as such provisions are in accordance with applicable state, federal, and local
law and regulation. (NRS 388A.320)
1.5.2 The Charter Board shall have final authority and responsibility for the academic,
financial, and organizational performance of the Charter School, and the
fulfillment of the Charter Contract.
1.5.3 The Charter Board shall be the final authority in matters affecting the Charter
School, including but not limited to staffing, job titles, employee salary and
benefits, financial accountability and curriculum.
1.5.4 The Charter Board shall act in accordance with and is subject to the Nevada
Open Meeting Law, Public Records Law, and Nevada Local Government
Purchasing laws (NRS 332.039-.148)
1.5.5 The Charter Board shall have authority for and be responsible for policy and
operational decisions of the Charter School. The Charter Board shall govern the
Charter School pursuant to the following terms and conditions:
1.5.5.1 Articles of Incorporation and Bylaws. The articles of incorporation, if
applicable, and bylaws of the Charter Board shall provide for governance of
the operation of the Charter School as a public charter school and shall at all
times be consistent with all applicable law, regulation and this Charter
Contract. The articles of incorporation, if applicable, are set forth in Exhibit
#2 (initially or as amended, the “Articles of Incorporation”) and
incorporated herein by reference. The Charter School shall notify the
sponsor of changes to the bylaws or Articles of Incorporation.
1.5.5.2 Composition. The composition of the Charter Board shall at all times be
determined by and consistent with the articles of incorporation, if
applicable, and bylaws and all applicable law and regulation. The complete
roster of the Charter Board and each member’s affidavit, resume, and
Request for Information shall be maintained in the Authority’s established
document library (Epicenter). The Charter Board shall notify the Authority
of any changes to the Board Roster and submit an amended Board Roster to
the documents library within ten (10) business days of their taking effect.
1.5.5.3 Affiliation. Notwithstanding any provision to the contrary in the Charter
Contract, the Articles of Incorporation, if applicable, or the bylaws, in no
event shall the Charter Board, at any time, include more than two directors,
officers, employees, agents or other affiliates of any single entity, with the
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1.7 Facilities
1.7.1 The building(s) in which the Charter School is to be located shall be known as
the Charter School Facilities (the “Facilities”).
1.7.2 The Authority or its designee may, at the Authority’s discretion, conduct health
and safety inspections of the Facilities.
1.7.3 The Facilities shall meet all applicable health, safety and fire code requirements
and shall conform with applicable provisions of the Americans with Disabilities
Act and any other federal or state requirements applicable to public charter
schools.
1.7.4 The Charter School’s relocation to different Facilities shall constitute a material
amendment of this Charter Contract and shall not become effective and the
Charter School shall not take action or implement the change requested in the
amendment until the amendment is approved, in writing, by the Authority.
1.7.5 In the event that legally viable Facilities and/or necessary certificates and
permits are not in place, the Charter School may not provide instruction at the
Facilities or otherwise admit pupils into the Facilities. In such event, the
Authority reserves the right to enforce any of the consequences for failure to act
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in accordance with the material terms and conditions of this Charter Contract.
1.8 Charter School Independence
1.8.1 Neither the Authority nor the board of trustees of the local school district in
which the Charter School is located may assign any pupil who is enrolled in a
public school or any employee who is employed in a public school to the Charter
School. Neither the Authority nor the local school district in which the Charter
School is located may interfere with the operation and management of the
Charter School except as authorized by NRS 388A.010-.695, inclusive, and any
other statute or regulation applicable to the Charter School or its officers or
employees.
1.8.2 The Charter School will be subject to review of its operations and finances by the
Authority, including related records, when the Authority, in its sole discretion,
deems such review necessary.
1.8.3 The Charter School shall have ten (10) business days to respond to any request
for written information from the Authority and any visit by the Authority to
review the operations or management of the Charter School shall require five (5)
days written notice. Such notice may be provided electronically.
During the first three years of this contract, school years 2020-21, 2021-22
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and 2022-23, the Charter School may adjust the number of students served
by up to and including 15% of the maximum enrolment established in this
section. During the remaining three years of the contract, school years 2023-
24, 2024-25 and 2025-26, the charter school may adjust the number of
students served by up to and including 10% of the maximum enrollment
established in this section.
2.3.2 The Charter School may modify the number of students in any particular grade,
and number of students within a class, to accommodate staffing exigencies and
attrition patterns provided such modifications are consistent with this Charter
Contract.
2.3.3 Elimination of a grade level that the Charter School was scheduled to serve;
expansion to serve grade levels not identified in 2.3.1; or an increase or decrease
in total enrollment by more than 15 or 10%, as applicable from the enrollment
established in 2.3.1 shall be a material amendment of this Charter Contract and
shall not become effective and the Charter School shall not take action or
implement the change requested in the amendment until the amendment is
approved, in writing, by the Authority. Authorization to expand may require the
Charter School to demonstrate satisfactory academic and financial performance,
and organizational compliance. It is the responsibility of the Charter School to
request the material amendment required by this section 2.3.3 in a timely
manner so as to manage the school’s enrollment to comply with 2.3.3.
2.4 Non-discrimination
2.4.1 The Charter School shall not discriminate against any student, employee or
other person on the basis of race, color, creed, ethnicity, national origin, gender,
marital status, religion, ancestry, disability, sexual orientation, sex, gender
identity or expression, need for special education services, income level, athletic
ability, proficiency in the English language or any other grounds that would be
unlawful if done by any other public school. It shall take all steps necessary to
ensure that discrimination does not occur, as required by federal civil rights law.
2.5 Student Recruitment, Enrollment and Attendance
2.5.1 The Charter School shall make student recruitment, admissions, enrollment and
retention decisions in a nondiscriminatory manner and without regard to race,
color, creed, national origin, sex, marital status, religion, ancestry, disability,
need for special education services or status as credit-deficient. In no event may
the Charter School limit admission based on race, ethnicity, national origin,
gender, disability, income level, athletic ability, status as credit-deficient or
proficiency in the English language, except as authorized by NRS 388A.453(8).
2.5.2 The Charter School shall adopt and adhere to a Truancy and Absence Policy
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responsible for ensuring that all contracts or other agreements are compliant
with existing law and regulation.
2.9.2 The Charter School shall clearly indicate to vendors and other entities and
individuals with which or with whom the Charter School enters into an
agreement or contract for goods or services that the obligations of the Charter
School under such agreement or contract are solely the responsibility of the
Charter School and are not the responsibility of the State of Nevada, the
Authority, or the Department of Education.
2.10 Contracts with an Educational Management Organization (EMO) or
Charter Management Organization (CMO)
2.10.1 The provisions appearing under 2.10 apply to contracts with an EMO or a CMO.
2.10.2 Should the Charter School intend to enter into an agreement with an EMO as
defined by NRS 388A.393, the following provisions shall apply:
2.10.2.1 The Charter School shall comply with all Authority requests for information
about the EMO that are reasonably related to the Authority’s duty to ensure
that the Charter School is in compliance with all provisions of this Charter
Contract and NRS 388A.393; and NAC 388A.570, 388A.580, 388A.585,
388A.160, and 388A.175 or other applicable statute and regulation.
2.10.3 Should the charter school intend to enter into an agreement with an EMO or
CMO, the following provisions shall apply:
2.10.3.1 In no event shall the Charter Board delegate or assign its responsibility for
fulfilling the terms of this Charter Contract.
2.10.3.2 Any management contract entered into by Charter School shall include an
indemnification provision for the Charter School as follows: “The
management company shall indemnify, save and hold 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
management company, or from conduct committed or alleged to have been
committed by the management company on the premises of the Charter
School, or from conduct committed by the management company’s
employees, officers, directors, subcontractors, or agents, during the term of
this Charter Contract or any renewal thereof. Additionally, the management
company shall defend the Authority in any such action or proceedings
brought thereon. This provision shall survive the termination of this
contract.”
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2.10.3.3 Should the Charter School propose to enter into a contract with an EMO or
CMO, other than DPPS or its affiliate Democracy Prep Nevada LLC, the
Charter School agrees to submit all information requested by Authority
regarding the management arrangement, including a copy of the proposed
contract and a description of the EMO or CMO, with identification of its
principals and their backgrounds. Entering into a contract with a new EMO
or CMO, terminating a contract with an existing EMO or CMO, or replacing
an existing EMO or CMO with another EMO or CMO is considered a
material amendment of the Charter Contract and the Charter School shall
not enter into or terminate such contracts without written Authority
approval.
2.10.3.4 Renewal or renegotiation of an existing contract with an EMO or CMO
requires the Charter School to notify the sponsor, only, and is not
considered a material amendment.
2.11 Employment Matters
2.11.1 All employees of the Charter School shall be deemed public employees.
2.11.2 The Charter School agrees to comply with the provisions of NRS 388A.530-544
regarding employment status and NRS 388A.518-524 regarding teacher
licensure.
2.11.3 Neither the Charter School, nor its employees, agents, nor contractors are
employees or agents of the Authority; nor are either the Authority or its
employees, agents, or contractors employees or agents of the Charter School.
None of the provisions of this Charter Contract will be construed to create a
relationship of agency, representation, joint venture, ownership, or control of
employment between the Parties other than that of independent Parties
contracting solely for the purpose of effectuating this Charter Contract.
2.11.4 The Charter School shall have ultimate responsibility for employment,
management, dismissal and discipline of its employees, including key personnel
employed by an EMO. The Charter School will establish and implement its own
dispute resolution process for employment matters.
2.11.5 The Charter School may not employ instructional personnel whose certificate or
license to teach has been revoked or is currently suspended by the state board of
education in this state or another state. (NRS 388A.524)
2.11.6 An employee of a charter school is eligible for all benefits for which the employee
would be eligible for employment in a public school, including, without
limitation, participation in the Public Employees Retirement System in a
manner consistent with NRS 388A.518-524.
2.11.7 The Charter School shall conduct criminal background checks and act in
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2.11.8 The Charter School shall maintain employee files as identified in the Operations
Manual, which are subject to audit by the Authority or other appropriate entity.
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3.3.1 The Charter School shall be subject to and comply with all requirements
related to the state assessment and accountability system for Nevada public
schools.
3.3.2 Nothing in this section prohibits the Charter School or the Authority from
assessing student learning outside of and in addition to the state’s testing
program.
3.3.3 Educational program matters not specifically identified in this Charter
Contract shall remain within the Charter School’s authority and discretion.
3.4 Special Education
3.4.1 The Authority is the “local education agency” (“LEA”) for purposes of
compliance with the Individuals with Disabilities Education Act (“IDEA”).
3.4.2 The Charter School shall provide services and accommodations to students
with disabilities as set forth in the Charter Application and in accordance with
any relevant policies thereafter adopted, as well as with all applicable
provisions of the Individuals with Disabilities Education Act (20 U.S.C. § 1401
et seq.) (the “IDEA”), the Americans with Disabilities Act (42 U.S.C. § 12101 et
seq.) (the “ADA”), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §
794) (“Section 504”), and all applicable regulations promulgated pursuant to
such federal laws. This includes providing services to enrolled students with
disabilities in accordance with the individualized education program (“IEP”)
prescribed by a student’s IEP team. The Charter School shall comply with all
applicable requirements of state law and regulation concerning the provision
of services to students with disabilities.
3.4.3 An annual Memorandum of Understanding which defines the rights and
responsibilities of the Charter School acting as a school of the LEA and the
Authority acting as LEA will be annually updated and disseminated by the
Authority and signed by the Parties.
3.4.4 The Charter School shall maintain a special education reserve as a financial
reserve or demonstrate, to the Authority’s satisfaction, that the Charter School
carries an insurance policy with sufficient coverage to ensure compliance with
the indemnification and financial obligations of the Charter School. Such
reserve or insurance product shall not in any way limit the Charter School's
obligation in the event the special education reserve or insurance product is
insufficient to fully pay costs incurred in connection with any claim or claims,
and the Charter School shall remain fully responsible for any and all costs
incurred in connection with such claim or claims. The Charter School shall
keep any special education reserve separate from and not utilize it to satisfy
any other requirements applicable to the Charter School. Any special
education reserve shall be maintained in a separate bank account and shall be
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equal to $25,000 plus the interest that has been earned in this account to date.
The Charter School shall fully fund any reserve account by the end of its fifth
year of operation and contribute to it in a manner that can reasonably be
expected to reach this goal. If money is withdrawn from the reserve account,
unless otherwise agreed to in writing by the Authority, the Charter School shall
be required to replace all sums withdrawn by the end of the subsequent fiscal
year.
3.5 English Language Learners
3.5.1 The Charter School shall provide resources and support to English language
learners to enable them to acquire sufficient English language proficiency to
participate in the mainstream English language instructional program. The
Charter School shall adhere to policies and procedures for identifying,
assessing and exiting English language learners, consistent with all applicable
laws and regulations. The Authority and the Charter School will work to assure
compliance with any and all requirements of the state and federal law
regarding services to English language learners.
Part 4: Charter School Finance
4.1 Financial Management
4.1.1 The Charter School shall control and be responsible for financial management
and performance of the Charter School including budgeting and expenditures.
The Charter School shall operate on a fiscal year that begins July 1 and ends
June 30.
4.1.2 At all times, the Charter School shall maintain appropriate governance and
managerial procedures and financial controls, including without limitation: (1)
commonly accepted accounting practices and the capacity to implement them;
(2) a bank account maintained within this State; (3) adequate payroll
procedures; (4) an organizational chart; (5) procedures for the creation and
review of monthly and quarterly financial reports, including identification of
the individual who will be responsible for preparing such financial reports in
the following fiscal year; (6) internal control procedures for cash receipts, cash
disbursements and purchases; and (7) maintenance of asset registers and
financial procedures for grants in accordance with applicable federal and state
law.
4.1.3 The Charter School shall undergo an independent financial audit conducted in
accordance with governmental accounting standards and GASB #34 performed
by a certified public accountant each fiscal year. The results of the audit will be
provided to the Authority in written form in accordance with the date
established by law and regulation and identified in the Reporting
Requirements Manual. The Charter School shall pay for the audit.
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4.1.4 The Charter School shall prepare quarterly financial reports for the Authority
in compliance with this Charter Contract. Such reports shall be submitted to
the Authority no later than fifteen (15) days following the end of each quarter,
as defined in the Reporting Requirements Manual.
4.1.5 The Charter School agrees to maintain financial records in accordance with the
governmental accounting method required by the Nevada Department of
Education (the “Department”) and/or Authority and to make such records
available upon request.
4.1.6 The Charter School shall use and follow the chart of accounts and any grant
codes as defined by the Department in the Nevada Common Elements for
Accounting and Reporting K-12 Educational Finances.
4.1.7 The Charter School shall assure that all financial records for the school are
maintained, posted and reconciled at least monthly, and are open for public
inspection during reasonable business hours.
4.1.8 The Charter School shall establish procedures for ensuring that funds are
disbursed for approved expenditures consistent with the Charter School’s
budget.
4.1.9 Pursuant to NAC 387.770, the Charter School shall maintain a complete and
current inventory of all school property and shall perform a physical inventory
annually. Any asset acquired by the Charter School is the property of the
Charter School for the duration of the Charter Contract and any subsequent
renewals. The Charter School shall take reasonable precautions to safeguard
assets acquired with public funds. The Charter School shall manage all assets
consistent with the requirements of applicable law and regulation, including
without limitation NAC 387.335, 387.342 and 387.360; and NRS 388A306.
4.1.10 If the Charter School’s records fail to establish clearly whether an asset was
acquired with the use of public funds, the assets shall be deemed to be public
assets.
4.1.11 Except as may be expressly provided in this Charter Contract, as set forth in
any subsequent written agreement between the Charter School and the
Authority pursuant to NRS 388A.381, or as may be required by law, neither the
Charter School nor the Authority shall be entitled to the use of or access to the
services, supplies, or facilities of the other. Any service agreements between the
Authority and the Charter School shall be subject to all terms and conditions of
this Charter Contract, except as may be otherwise agreed in writing. The
purchase of any services not expressly required under this contract or set forth
in any subsequent written agreement between the Charter School and the
Authority or required by law, shall not be a condition of the approval or
continuation of this contract.
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4.1.12 The Charter School shall comply with other requirements as may be imposed
through state law or regulation, from time to time, on charter school finances,
budgeting, accounting, and expenditures, provided that the Authority shall
provide technical assistance regarding material changes to state law and
regulation, and the Parties will collaborate to assure that they each remain
reasonably current on the impact of any modifications on charter schools. The
Parties agree that the Charter School retains primary responsibility for
compliance with state law and regulation.
4.1.13 The Charter School is solely responsible for all debt it incurs, and the Authority
shall not be contractually bound on the 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 the Charter School.
4.2 Budget
4.2.1 In accordance with law and regulation and as identified in the Reporting
Requirements Manual, the Charter School shall submit to the Department and
the Authority the school’s tentative budget for the upcoming fiscal year and the
Charter School shall submit to the Department and the Authority the school’s
final budget for the upcoming fiscal year. The budget shall:
4.2.1.1 Be presented on forms prescribed by the Nevada Department of Taxation;
and
4.2.1.2 Not provide for expenditures, inter-fund transfers, or reserves in excess of
available revenues plus beginning fund balances.
4.3 Charter School Funding
4.3.1 Charter School shall receive, directly from the Department, state and local aid
in an amount equal to its weighted count of enrollment multiplied by the per
pupil Distributive School Account amount for the county of residence of each
student plus the per pupil Outside Revenue amount for that county. The count
of pupils for calculating the basic support for distribution to a charter school is
the “Average daily enrollment” as defined by NRS 387.1211.
4.3.2 The Charter School shall maintain and transmit all necessary student
information in the format prescribed by the Department to evidence
enrollment and attendance of students for purposes of receiving state aid. The
Charter School will receive state payment from the Distributive School Account
directly from the Department, based on “Average daily enrollment” as defined
by NRS 387.1211.
4.3.3 The Charter School shall receive state aid payments quarterly unless the
quarterly payments exceed $500,000 at which time the Department will pay
state aid in monthly installments directly to the Charter School.
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4.3.4 All state aid payments to the Charter School are subject to correction pending
the outcome of the Department’s annual Pupil Enrollment and Attendance
Audit.
4.4 Authority Funding
4.4.1 The yearly sponsorship fee to be paid by the Charter School to the Authority
must be in an amount of money not to exceed two (2) percent but at least one
(1) percent of the total amount of money apportioned to the Charter School
during the school year pursuant to NRS 387.124. (NRS 388A.414)
4.4.2 The Authority shall notify the Charter School in February of the fee anticipated to
be charged pursuant to NRS 388A.414 in the following fiscal year.
Part 5: Insurance and Legal Liabilities
5.1 Insurance
5.1.1 The Charter School shall provide and maintain, at its sole expense without
reimbursement, adequate insurance, pursuant to NAC 388A.190, necessary
for the operation of the school, including but not limited to, property
insurance, general liability insurance, workers’ compensation insurance,
unemployment compensation insurance, motor vehicle insurance, and errors
and omissions insurance covering the Charter School and its employees.
Should the State legislature or State Board of Education change the amount
and/or type of insurance coverage required, the Charter School shall take
necessary steps to ensure compliance with the law or regulation within thirty
(30) days of receiving notice by the Authority of such change. The Authority
shall be named as additional insured under all insurance policies identified
under NAC 388A.190.
5.2 Liability
5.2.1 As required by NRS 388A.366, the Charter School agrees that the Authority is
not liable for the acts or omissions of the Charter School, its officers, agents, or
employees. The Charter School agrees to defend, indemnify, and hold the
Authority, its agents and employees, harmless from all liability, claims and
demands on account of contract, injury, sickness, disease, death, property loss
or damage or any other losses of any kind whatsoever which arise out of or are
in any manner connected with the Charter School’s operations.
5.2.2 If the Charter School files a voluntary petition for bankruptcy or is declared
bankrupt during a school year, neither the State of Nevada nor the Authority
may be held liable for any claims resulting from the bankruptcy pursuant to
NRS 388A.366.
Part 6: Transparency and Accountability
6.1 Charter School Reporting
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6.1.1 The Authority shall provide the Charter School with a Reporting Requirements
Manual on or before the commencement of the contract year and updated at
least annually. The Authority shall endeavor to make the Reporting
Requirements Manual as complete as possible. The Charter School shall be
responsible for submitting timely and complete reports in accordance with the
Reporting Requirements Manual.
6.1.2 The Authority shall provide the Charter School with an Operations Manual on
or before the commencement of the contract year and updated at least
annually.
6.2 Additional Reporting
6.2.1 The Charter School shall be responsible for additional reporting as required
for compliance with state law and regulation, federal requirements, and other
applicable external reporting requirements.
6.3 Authority Reporting
6.3.1 The Authority shall produce and make available reports to the Charter School
in a manner consistent with the Reporting Requirements Manual.
Part 7: Oversight
7.1 Authority
7.1.1 Pursuant to NRS 388A.150, the Authority shall have broad oversight authority
over the Charter School and may take all reasonable steps necessary to confirm
that the Charter School is and remains in material compliance with this
Charter Contract, the Charter Application, and applicable law and regulation.
The Authority’s oversight of the Charter School shall include, but not be
limited to, the following activities:
7.1.1.1 Oversight, intervention, termination, renewal, and closure processes and
procedures for the Charter School;
7.1.1.2 Reviewing the performance and compliance of the Charter School within
the terms of this Charter Contract and applicable laws, policies and
regulations;
7.1.1.3 Ensuring the Charter School’s compliance with reporting requirements;
7.1.1.4 Monitoring the educational, legal, fiscal, and organizational condition of
the Charter School; and
7.1.1.5 Providing guidance to the Charter School on compliance and other
operational matters.
7.2 Inspection
7.2.1 All records established and maintained in accordance with the provisions of
this Charter Contract, applicable policies and/or regulations, and federal and
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state law shall be open to inspection by the Authority and other applicable
agencies, entities, or individuals within a reasonable period of time after
request is made.
7.3 Site Visits and Evaluations
7.3.1 The Authority may, at its discretion, conduct site visits to provide monitoring,
support and technical assistance with five (5) days written notice. Such notice
may be provided electronically.
7.3.2 The Authority may, at its discretion, conduct formal, targeted school
evaluations. Such evaluations may include any activities reasonably related to
fulfillment of its oversight responsibilities including, but not limited to,
inspection of the facilities; inspection of records maintained by the Charter
School; and interviews of school and other stakeholders.
7.3.3 Pursuant to Section 6 of Assembly Bill 462 of the 2019 Nevada Legislative
Session, the Authority shall conduct a Site Evaluation of each campus of a
charter school during the first, third and fifth years after entering into or
renewing a contract.
7.4 Notification
7.4.1 The Charter School shall notify the Authority immediately of any conditions
that it knows are likely to cause it to violate the terms of this Charter Contract
or the Charter Application. Such notification shall not be construed as relief
from the Charter School’s responsibility to correct such conditions.
7.4.2 The Charter School shall notify the Authority immediately of any
circumstances requiring the closure of the Charter School, including but not
limited to natural disaster, other extraordinary emergency, or destruction of or
damage to the school facility.
7.4.3 The Charter School shall immediately notify the Authority of the arrest or
charge of any members of the Charter Board or 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 investigation of a member of the Charter Board or
any Charter School employee for child abuse.
7.4.4 The Charter School shall notify the Authority immediately of any change to its
corporate legal status.
7.4.5 The Charter School shall notify the Authority immediately of any default on
any obligation, which shall include debts for which payments are past due by
sixty (60) days or more.
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7.4.6 The Charter School shall notify the Authority immediately if at any time the
Charter School receives notice or is informed that the Charter School or the
Authority are parties to a legal suit.
7.5 Intervention
7.5.1 Consistent with any oversight practices set out in the Charter School
Performance Framework, the Authority shall follow a system of notification
and calls for corrective action on the part of the Charter School.
7.5.2 Any complaints or concerns received by the Authority about the Charter School
or its operation including but not limited to complaints filed with the Office for
Civil Rights, the Nevada Attorney General’s Office, and Equal Employment
Opportunity Commission, shall be forwarded promptly by the Authority to the
Charter School.
7.5.3 The Charter School shall promptly forward to the Authority any formal
complaints or concerns received by the Charter School filed with or from the
Office for Civil Rights, the Nevada Attorney General’s Office, Equal
Employment Opportunity Commission, and/or formal grievances filed by any
party with the Charter Board. Such forwarding of complaints or concerns shall
not relieve Charter School of the responsibility of resolving the complaints or
concerns.
7.5.4 The Charter School shall indemnify the Authority for any costs, attorney fees,
and/or financial penalties imposed on the Authority by state and/or federal
authorities due to actions or omissions of the Charter School relative to
regulatory compliance.
7.5.5 To the extent that concerns or complaints received by the Authority about the
Charter School may trigger Authority intervention, including termination or
non-renewal of the Charter Contract, the Authority may monitor the Charter
School’s handling of such concerns or complaints. In such cases, the Authority
may request and the Charter School shall provide information regarding the
Charter School’s actions in responding to those concerns or complaints.
Part 8: Termination and Default Termination
8.1 Termination
8.1.1 As provided by law, this Charter Contract may at any time be terminated by the
Authority before its expiration upon determination and majority vote of the
Authority that the Charter School, its officers or its employees:
8.1.1.1 Committed a material breach of the terms and conditions of the Charter
Contract;
8.1.1.2 Failed to comply with generally accepted standards of fiscal management;
8.1.1.3 Failed to comply with the provisions of NRS 388A.010 to 388A.695,
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whether or not he/she agrees with the complaint and if so, whether he/she
agrees with the proposed resolution, or proposing an alternative resolution to
the charter school. In the event these representatives are unable to resolve the
dispute informally, pursuant to this procedure, the complaint and proposed
resolution will be submitted to the Authority at the next available meeting for
its consideration. The Authority will decide whether or not it agrees with the
complaint or any proposed resolution. Any decision by the Authority is final.
Contract; and
11.1.2.4 If applicable, demonstrate sound performance on mission specific
indicators.
11.2 Review
11.2.1 The Authority shall monitor and periodically report on the Charter School’s
progress in relation to the indicators, measures, metrics and targets set out in
the Charter School Performance Framework. Such reporting shall take place at
least annually.
11.2.2 The Charter School’s performance in relation to the indicators, measures,
metrics and targets set forth in the Charter School Performance Framework
shall provide the basis upon which the Authority will decide whether to renew
the Charter Contract at the end of the term.
11.2.3 The Parties intend that, where this Charter Contract references or is contingent
upon state or federal accountability laws, that they be bound by any applicable
modification or amendments to such laws upon the effective date of said
modifications or amendments. The specific terms, form and requirements of
the Charter School Performance Framework may be modified or amended to
the extent required to align with changes to applicable state or federal
accountability requirements, as set forth in law. In the event that any such
modifications or amendments are required, the Authority will use best efforts to
apply expectations for school performance in a manner consistent with those
set forth in the Charter School Performance Framework as initially established
in the Charter Contract.
11.2.4 While both parties acknowledge that importance of the Charter School
Performance Framework, and the Authority's obligation to consider the
Charter Schools performance under the Charter School Performance
Framework in any decision that results in reconstitution, revocation, or
termination of a charter contract, the parties also acknowledge that the
Authority may reconstitute the board, revoke the charter, or terminate the
charter contract prior to its expiration of a school with acceptable
performance under the Charter School Performance Framework if allowed by
NRS 388A.330.
Part 12: Contract Construction
12.1 Entire Charter Contract
12.1.1 The Parties intend this Charter Contract, including all exhibits hereto, to
represent a final and complete expression of their agreement, which shall be
considered the Charter Contract. All prior representations, understandings and
discussions are merged herein, and no course of prior dealings between Parties
shall supplement or explain any terms used in this document. The Parties
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12.4 Waiver
12.4.1 The Parties agree that no assent, express or implied, to any breach by either of
them of any one or more of the covenants and agreements expressed herein
shall be deemed or taken to constitute a waiver of any succeeding or other
breach.
12.5 Non-Assignment
12.5.1 Neither party to this Charter Contract shall assign or attempt to assign any
rights, benefits, or obligations accruing to the party under this Charter Contract
unless the other party agrees in writing to any such assignment.
12.6 Applicable Law
12.6.1 This Charter Contract shall be governed by and construed in accordance with
the laws of the State of Nevada, including all requirements imposed by
regulation and Authority policy, and all applicable federal laws of the United
States.
12.6.2 The Parties intend that, where this Charter Contract references federal or state
laws, they be bound by any amendments to such laws upon the effective date of
such amendments.
12.7 Material Amendments
12.7.1 Material amendments require Authority approval. Pursuant to NRS 388A.231-
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360 any material amendment to this Charter Contract will be effective only if
approved in writing by the Authority. The proposed amendment must be
submitted in a manner consistent with applicable law and regulation and
defined in the Operations Manual. A material amendment shall not become
effective and the Charter School shall not take action or implement the change
requested in the amendment until the amendment is approved, in writing, by
the Authority. Changes in operation that are considered material and require
the Charter School to obtain an amendment to this Charter Contract include,
but are not limited to, the following:
12.7.1.1 Change in the Charter School’s location (change of site and/or adding or
deleting sites) (see 1.7.4);
12.7.1.2 Changes to the Mission Statement (see 2.2.1);
12.7.1.3 Elimination of a grade level served or expansion to serve a grade level not
served (see 2.3.3);
12.7.1.4 Increasing or decreasing the enrollment beyond the established
enrollment cap by more than 10% or 15%, as applicable, pursuant to
2.3.3 of this Charter Contract;
12.7.1.5 Changes to the name of the Charter School;
12.7.1.6 Entering into a contract with an Educational Management Organization or
terminating a contract with an Educational Management Organization
pursuant to 2.10.2.4 of this Charter Contract;
12.7.1.7 Entering into a contract with a Charter Management Organization or
terminating a contract with a Charter Management Organization other
than a renewal or extension to an existing contract with a CMO;
12.7.1.8 Changes to the Mission Specific indicators (see 11.1.1.1);
12.7.1.9 Changes to pupil transportation plans (see 2.13.2).
12.8 Non-Material Change - Notification Required
12.8.1 Changes to this Charter Contract listed below do not require amendment as
described in NRS 388A.231-360; rather, such changes shall be accomplished
through written notification. Changes requiring notification include, but are not
limited to:
12.8.1.1 Mailing address, phone and fax number of the Charter School;
12.8.1.2 Changes in the lead administrator of the Charter School;
12.8.1.3 Changes in the composition of the Charter Board (see 1.5.5.2);
12.8.1.4 Changes to the Bylaws and/or Articles of Incorporation (see 1.5.5.1); and
12.9 Other Changes – Determination as Material or Non-Material, Requiring
Notification or Not.
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12.9.1 The Charter School may, from time to time, contemplate a change to the
Charter School that is not identified within this Charter Contract as a Material
Amendment or as a Non-Material Change that requires notification. In such an
event, the Charter School is obligated to request, in writing, the determination
of the Authority as to whether or not such a change requires a Material
Amendment (12.7) or Notification (12.8).
12.10 Severability
12.10.1 The provisions of this Charter Contract are severable. Any term or condition
deemed illegal or invalid shall not affect any other term or condition, and the
remainder of the Charter Contract shall remain in effect unless otherwise
terminated by one or both of the Parties.
12.11 Third Parties
12.11.1 This Charter Contract shall not create any rights in any third parties who have
not entered into this Charter Contract; nor shall any third party be entitled to
enforce any rights or obligations that may be possessed by either party to this
Charter Contract.
12.12 Counterparts; Signatures
12.12.1 The Charter Contract may be signed in counterparts, which shall together
constitute the original Charter Contract. Signatures received by facsimile or
email by either of the Parties shall have the same effect as original signatures.
12.13 Material Breach
12.13.1 A material breach is defined as a violation of this Charter Contract which is
substantial and significant as determined by the Authority.
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Signature Page
Date:
Date:
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On File at SPCSA
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