Nitro Prep Sample Calendars
Nitro Prep Sample Calendars
Nitro Prep Sample Calendars
Sample Calendars
1. Example SY 22-23 Calendar
2. Example Daily Calendar
Nitro Preparatory Academy; 2022-23 Calendar
5 Labor Day- No school SEPTEMBER ‘22 MARCH ‘23 10 Quarter 3 Report Cards
9 Quarter 1 Interims S M T W Th F S S M T W Th F S
20-24 No School- Spring Break
23 No School- Staff 1 2 3 1 2 3 4
Professional
4 5 6 7 8 9 10 5 6 7 8 9 10 11
Development
11 12 13 14 15 16 17 12 13 14 15 16 17 18
18 19 20 21 22 23 24 19 20 21 22 23 24 25
25 26 27 28 29 30 26 27 28 29 30 31
10 No School- OCTOBER ‘22 APRIL ‘23 4 & 4 Grades 3-8 ELA Testing
Parent/Teacher S M T W Th F S S M T W Th F S
11 & 12 Grades 3-8 Math
Conferences 1 1
Testing
14 Quarter 1 Report 7 Good Friday
2 3 4 5 6 7 8 2 3 4 5 6 7 8
Cards 9 Easter Sunday
9 10 11 12 13 14 15 9 10 11 12 13 14 15
19 & 19 Third Grade Fall 18 & 19 Grades 5 & 8 Science
Testing 16 17 18 19 20 21 22 16 17 18 19 20 21 22 Testing
28 No School- Staff 23 24 25 26 27 28 29 23 24 25 26 27 28 29 28 Quarter 4 Interims
Professional 03 31 30
Development
Email Address
Street:___________________________________________________________________________
Home Address
City: __________________________________________ State: _______________ Zip: __________
Relationship to
Mother Father Legal Guardian
student
Email Address
Does the student have a parent/guardian who is an active duty OR retired member of the Armed Forces or National Guard?
No Yes. If yes, please select the best description:
Army – Active Duty Air Force – Active Duty Coast Guard – Active Duty
Marine – Active Duty Navy – Active Duty National Guard – Full-Time, Active Duty
Reserves Veteran/Retired Gold Star Family
HOUSING INFORMATION
Your answers will help determine if the student meets eligibility requirements for services under the McKinney-Vento Act.
Please choose which of the following situations the student currently resides in (you can choose more than one):
House or apartment with parent/guardian
Motel, car, or campsite
Shelter or other temporary housing
With friends or family members (other than or in addition to the primary parent/guardian)
If you are living in shared housing, please check ALL of the following reasons that apply:
Loss of housing
Economic situation
Temporarily waiting for house or apartment
Provide care for a family member
Living with boyfriend/girlfriend
Loss of employment
Parent/guardian is deployed
Other. Please explain: ____________________________________________________________________________________
Are you a student under the age of 18 and living apart from your parent/guardian? Yes No
EDUCATION HISTORY
Has your child ever been retained in any grade? No Yes; Which grade? _________
Has your child been permanently excluded from school attendance by another school district? No Yes
Has your child ever been expelled from school? No Yes; provide details: _________________________________________
__________________________________________________________________________________________________________
Has the expulsion ended? No, the child is currently expelled Yes, it ended on _____/_____/_____
Has your child ever been suspended from school? No Yes; please provide details: ________________________________
__________________________________________________________________________________________________________
BUS TRANSPORTATION
Transportation services are provided by your child's School District of Residence based on the address on file that matches your
Proof of Residency documentation. Per district policy, transportation services may be limited to a specific radius surrounding the
address/location of the school. Please see the school website or contact the front office for the Bus Transportation Request Form.
Are you planning to request Bus Transportation services for the 22-23 school year?
Yes
No
Has your child ever been diagnosed with an illness or treated for a condition that our school staff should be aware of?
____________________________________________________________________________________________________________
____________________________________________________________________________________________________________
____________________________________________________________________________________________________________
____________________________________________________________________________________________________________
Does your child have any allergies such as food, insect, No Yes. Which allergies?
medication, seasonal, environmental, etc?
Does your child require an epinephrine autoinjector to treat anaphylaxis in school? No Yes
Does your child require an asthma inhaler in school to alleviate asthmatic symptoms, or before No Yes
exercise to prevent the onset of asthmatic symptoms?
Does your child require diabetes management at school? No Yes
Does your child require medication during school hours? No Yes
If the answer was Yes to any of the above questions, additional form(s) are required and will be provided to you by the school.
If yes, when did your child first attend a school in the United States?
__________/__________/__________
Month Day Year
Additional Information
Please share additional information
to help us understand your child’s
language experiences and
educational background.
Thank you for providing the information above. Contact your school or district office if you have questions about this form or about services available at
your child’s school. Translated information about schools’ civil rights obligations to English learner students and limited English proficient parents can be
found here: https://www2.ed.gov/about/offices/list/ocr/ellresources.html
CURRENT/PREVIOUS SCHOOL
Name of Last School Attended
As the parent/guardian of the below student, I request you to release my child’s student records to my child’s new school. Please
send all records to:
STUDENT INFORMATION
First Name
Middle Name
Last Name
Date of Birth
Grade Level in 21-22
school year
Anticipated start date
at new school
____________________________________________________________________________________________________________
Parent/ Guardian Signature Date
In the event reasonable attempts to contact me have been unsuccessful, I hereby give my consent for (1) the administration of any treatment deemed necessary by
above-named doctor, or, in the event the designated preferred practitioner is not available, by another licensed physician or dentist; and (2) the transfer of the child
to any hospital reasonably accessible. This authorization does not cover major surgery unless the medical opinions of two other licensed physicians or dentists,
concurring in the necessity for such surgery, are obtained prior to the performance of such surgery. Facts concerning the child’s medical history including allergies,
medications being taken, and any physical impairments to which a physician should be alerted: ______________________________________________
____________________________________________________________________________________________________________
____________________________________________________________________________________________________________
ADDITIONAL DOCUMENTS
PARENT CUSTODY
Child lives with (check one only) Both Biological Parents
Both Biological Parents Alternately
One Biological Parent Only
Adoptive Parent(s)
Other Legal Guardian(s)
Are there any applicable court orders regarding custody and No Yes (please attach)
contact with this child?
SPEECH & SPECIAL EDUCATION EVALUATIONS & SERVICES
Has your child ever been evaluated for Speech or Special No Yes
Education services?
Is your child receiving any Speech or Special Education No, this does not apply to my student
services at his/her current (or most recently attended) No, my student was not found eligible
school? Yes, and my student’s evaluation/plan is current (attach)
Yes, and my student’s evaluation/plan has expired (attach)
If yes, please attach paperwork such as one or more of the Yes, but my student was exited from SPED services (attach)
following:
Our school is required by law to obtain the parent/legal guardian’s written consent for each student regarding certain information and activities that
enable our school to provide the educational experience we advertise. Declining to acknowledge, agree with or consent to some items may mean that
the student/family will not have access to some of the educational materials and resources that we use throughout the school day and year and/or
the student will not maintain enrollment at the school.
FERPA ACKNOWLEDGEMENT
The Family Educational Rights and Privacy Act (FERPA) provides parents and students over 18 years of age ("eligible students") certain rights regarding
the student’s educational records. In order to serve the student's educational needs, the school may find it necessary to disclose a student's name,
address, parent’s/guardian’s name, phone number, email address, and date of birth, to a vendor to provide the student with the appropriate learning
solutions. The vendors agree to the confidentiality of the student's name and address and will not use such information for any purpose other than
those required under their vendor contract with the school. I hereby acknowledge that my student's name and address may be provided to the
school’s vendors to ensure that the school can best meet the educational needs of my student. Not acknowledging FERPA could mean that the
student and family will not have access to educational materials and resources and as such may receive a different educational experience than what
the school has advertised.
Parent/Guardian/Eligible Student (18 Years and Older) Acknowledges
AUTOMATED PARENT NOTIFICATION SYSTEM FOR EMERGENCIES, ATTENDANCE, EVENTS & OTHER REMINDERS
Our school uses electronic messaging software to notify families of school emergencies, attendance records, and upcoming events via telephone,
email and/or text message. Please indicate your preference for participation in this messaging system. I understand that if I initially give my consent,
I will be asked to opt-in to text messages at a later date and that I can also choose to opt-out of any of these services at any time throughout the
school year.
Parent/Guardian/Eligible Student (18 Years and Older) Agrees
Parent/Guardian/Eligible Student (18 Years and Older) Does Not Agree
MEDIA RELEASE
I/We understand that as part of my child’s/my attendance at the school, photos, videos, and quotations may be taken for use in publications and
reports about the school and/or program. I/We further understand that members of the news media invited to cover the school and/or program
may take photos, videos and quotations. I/We grant permission to the school and its board members, management company, and their employees,
agents and representatives to use such materials for the promotion of the school and/or program and to use this student’s name, photographic
likeness, alone or in a group, in any publication, document, TV production, video or to release said name or likeness to any media outlets including,
but not limited to, newspapers, magazines or TV stations for publicity and/or recognition purposes and/or to use this student’s name and/or
photographic likeness, alone or in a group, on the official web site of the school and/or its management company. I agree that my child and I shall
have no right, title, or interest in any photo or videotape covered by this agreement and waive any right to compensation for such use. I release the
school, its board members, management company, and their employees, agents, representatives and all organizations and individuals related to the
school from any and all liabilities or damages that result from the use of this student’s name and/or photographic likeness as described above.
Parent/Guardian/Eligible Student (18 Years and Older) Agrees
Parent/Guardian/Eligible Student (18 Years and Older) Does Not Agree
By signing below, I pledge my commitment to helping the school fulfill its primary mission—rigorous academic learning. I had the opportunity to
review the school Handbook and Code of Conduct and pledge:
• To ensure that the rules and guidelines of the school, as contained in the Handbook and Code of Conduct, are followed by my child and my
household.
• To maintain high academic and behavioral expectations for my child.
• To demonstrate consistent interest in my child’s progress at school.
• To support and work with teachers and school staff for the benefit of my child’s learning.
As a parent/guardian, I understand that my child may be withdrawn from the school, in accordance with state law and school policy, if:
• My child has excessive absences (excused or unexcused) and/or tardies (arriving to school late or being picked up early on a regular basis).
• My child repeatedly violates school rules.
• My child does not complete his or her homework or assignments regularly.
In addition to my preferences set forth above, my signature below verifies that information and documentation I provided to the school in the
enrollment process are accurate and up-to-date.
________________________________________________________________________________________________/_____/_____
First & Last Name Signature Date
Parent, Legal Guardian, or Eligible Student (18+ Years)
THIS EMPLOYEE HANDBOOK IS PROVIDED AS A GUIDE AND DOES NOT CREATE EITHER AN
EXPRESS OR IMPLIED CONTRACT OF EMPLOYMENT OF ANY SPECIFIC DURATION.
I UNDERSTAND THAT EMPLOYMENT AT-WILL MEANS THAT EITHER THE COMPANY OR I HAVE THE
RIGHT TO TERMINATE MY EMPLOYMENT AT ANY TIME AND FOR ANY REASON NOT OTHERWISE
PROHIBITED BY LAW.
Name Printed
At ACCEL Schools (“the Company”, every position is important. We are committed to teamwork,
cooperation, innovation and quality service. Your commitment to those values is critical for our
mutual success. It is a place where we all share the same passion for education, staffed with
colleagues with whom you can share your successes and challenges. We celebrate success and
embrace challenges. No obstacle is too large to be overcome if it stands in the way of allowing us
to help a child.
The success of this School rests solely with our employees. Your talent, dedication and integrity
are essential to our success. ACCEL Schools has four values that stand above the rest: innovation,
integrity, commitment to the mission, and quality service. We expect that every employee will live
these values and incorporate them into every interaction, both internally and externally.
In becoming a part of the ACCEL Schools’ team, we expect you to display a commitment to our
high standards and to demonstrate a professional demeanor that will make all of us proud of you,
our team and our Company. This handbook was prepared to make you aware of what you can
expect from ACCEL Schools – and what ACCEL Schools will expect from you. It is not meant to
cover everything, so please feel free to ask questions. Your supervisor or someone in HR
([email protected] ) will be happy to talk with you.
Please read this handbook and keep it for future reference. If changes are made because of
general economic conditions or conditions in our industry, you will be provided with updated
information.
Sincerely,
INTRODUCTION TO HANDBOOK
This Handbook was developed to provide you with guidelines to our Company policies and to
outline programs and benefits available to you. You should familiarize yourself with the contents
as soon as possible so you will know what is expected of you and what you can expect from our
organization.
This Employee Handbook replaces all previous ACCEL Schools’ handbooks, policies and
memoranda. Failure to follow any of the policies in this handbook may result in disciplinary action,
up to and including, termination of employment.
You should have already signed an Employment Agreement outlining your employment
relationship with the Company. Contact your supervisor or a payroll or human resource specialist
if you have any questions.
We hope that your experience with us will be challenging, enjoyable and rewarding. Again,
welcome!
AT-WILL EMPLOYMENT
Your employment with ACCEL Schools (“The Company”) is at-will, which means that you or the
Company may terminate your employment at any time for any lawful reason unless a written
employment agreement exists with the Company that provides otherwise.
The Company has the right to transfer, demote, or otherwise discipline an employee at any time
for any lawful reason. For an employment agreement with the Company to be considered valid, it
must be signed by an officer of the Company or a designated representative.
This handbook is not a contract guaranteeing employment for any specific duration. As provided
in the Handbook Acknowledgement, nothing in this handbook creates or is intended to create a
promise or representation of continued employment. This handbook replaces any and all prior
handbooks, written documents (with the exception of authorized employment agreements) or
oral or implied representations that might otherwise contradict the at-will nature of your
employment.
ACCEL Schools provides equal employment opportunities to all employees and applicants in all
Company and school facilities without regard to race, color, religious creed, sex (including
pregnancy, lactation, childbirth, and related medical conditions), national origin, ancestry,
citizenship status, physical disability, mental and/or intellectual disability, age, military or veteran
status, marital status, registered domestic partner or civil union status, gender, gender identity,
sexual orientation, transgender status, or genetic information in accordance with applicable
federal, state and local laws. Our commitment to equal opportunity employment applies to all
persons involved in our operations and prohibits unlawful discrimination by any employee,
including supervisors and co-workers.
This policy applies to all terms and conditions of employment, including, but not limited to, hiring,
placement, promotion, termination, layoff, recall, transfers, leaves of absence, compensation and
training.
CHANGE IN POLICY
The current version of all company policies will be readily available to all (currently active)
employees in an electronic and/or hard copy format.
Supervisors do not have the authority to change the policies in this handbook on their own. If you
are uncertain about any policy or procedure, contact your supervisor or Human Resources for
clarification.
The Company recognizes that some employees may need or want to hold additional jobs outside
their employment with the Company. Employees may be permitted to engage in outside work or
hold other jobs, subject to certain restrictions based on reasonable business concerns. Employees
must consult their supervisors or managers for review and approval of outside employment prior
to beginning outside employment.
1. Work-related activities and conduct away from the Company must not compete with,
conflict with or compromise the Company’s interests or adversely affect job performance
and the ability to fulfill all job responsibilities.
2. Employees must carefully consider the demands that additional work activity will create
before accepting outside employment. Outside employment will not be considered an
excuse for poor job performance, absenteeism, tardiness, leaving early, refusal to travel,
or refusal to work overtime or different hours. If outside work activity causes or
contributes to job-related problems at the Company, the employee will be asked to
discontinue the outside employment, and the employee may be subject to the normal
disciplinary procedures for dealing with the resulting job-related problem(s).
3. In evaluating the effect that outside work may have on an employee’s job performance
and other job-related responsibilities, the Employee’s supervisor and the human resource
department will consider whether the proposed employment:
a. May reduce the employee’s efficiency in working for the Company.
b. Involves working for an organization that does a significant amount of business with
the Company, such as major contractors, suppliers, and schools.
c. Involves working for an organization that provides competing services.
4. Employees are prohibited from using Company property or facilities to perform work for
an outside employer unless authorized in advance by a supervisor.
5. Employees may not solicit or conduct any outside business during Company work time.
6. Employees who have accepted outside employment may not use Company-provided Paid
Time Off (PTO) to perform work on the outside job.
7. Fraudulent use of the Company’s sick leave or PTO or an employee’s refusal to discontinue
outside employment after being requested to do so by his or her supervisor or the human
resource department will result in disciplinary action up to and including termination of
ACCOMMODATION OF DISABILITIES
Any employee who requires an accommodation in order to perform the essential functions of
their job, enjoy an equal employment opportunity, and/or obtain equal job benefits should
contact Human Resources to request such an accommodation. Human Resources will
communicate with the employee and engage in an interactive process to determine the nature of
the issue and what, if any, reasonable accommodation(s) may be appropriate. In some cases, this
interactive process may be triggered without a request from the employee, such as when the
Company receives notice from its own observation or another source that a medical impairment
may be impacting the employee’s ability to perform essential job functions.
Employees who believe they need an accommodation must specify, preferably in writing, what
barriers or limitations prompted the request. The Company will evaluate information obtained
from the employee, and possibly the employee’s health care provider or another appropriate
health care provider, regarding any reported or apparent barriers or limitations, and will then
work with the employee to identify possible accommodations, if any, that will help to eliminate
or otherwise address the barrier(s) or limitation(s). If an identified accommodation is reasonable
and will not impose an undue hardship on the Company and/or a direct threat to the health and/or
safety of the individual or others, the Company will generally make the accommodation, or it may
propose another reasonable accommodation which may also be effective. Employees are
required to cooperate with this process by providing all necessary documentation supporting the
need for accommodation, and being willing to consider alternative accommodations when
applicable.
The Company will also consider requests for reasonable accommodations for medical conditions
related to pregnancy, childbirth and lactation where supported by medical documentation and/or
as required by applicable federal, state or local law. Under this policy, if you are pregnant and
request a reasonable accommodation for the duration of or any part of your pregnancy, we will
explore all possible means of providing the reasonable accommodation.
Accommodations depend upon the employee’s job qualifications and the specific facts and
circumstances of each individual situation.
Please inform your supervisor if you require a reasonable accommodation so the Company can
have an interactive discussion with you. Human Resources will work with you to determine if there
is a need for an adjustment or change at work to accommodate your disability.
The Company will provide reasonable accommodation for employees’ religious beliefs,
observances, and practices when a need for such accommodation is identified and reasonable
accommodation is possible. A reasonable accommodation is one that eliminates the conflict
between an employee’s religious beliefs, observances, or practices and the employee’s job
requirements, without causing undue hardship to the Company.
The Company has developed an accommodation process to assist employees, management, and
Human Resources. Through this process, the Company establishes a system of open
communication between employees and the Company to discuss conflicts between religion and
work and to take action to provide reasonable accommodation for employees’ needs. The intent
of this process is to ensure a consistent approach when addressing religious accommodation
requests. Any employee who perceives a conflict between job requirements and religious belief,
observance, or practice should bring the conflict and request for accommodation to the attention
of Human Resources to initiate the accommodation process. The Company requests that
accommodation requests be made in writing, and in the case of schedule adjustments, as far in
advance as possible.
PERSONNEL FILES
The Company maintains a personnel file on each employee. Contact Human Resources to view
your personnel file.
To ensure that your personnel file is up-to-date at all times, use the Company’s Human Resource
Information System, UKG® (https://e42.ultipro.com) for entering changes in your name,
telephone number, home address, withholding instructions, number of dependents, beneficiary
designations, scholastic achievements, or emergency contacts.
BACKGROUND CHECKS
The Company recognizes the importance of maintaining a safe, secure workplace with employees
who are qualified, reliable, and nonviolent, and who do not present a risk of serious harm to their
coworkers or others. To promote these concerns and interests, the Company reserves the right to
investigate an individual’s prior employment history, personal references, and educational
background, as well as other relevant information. Consistent with legal or contractual
requirements, the Company also reserves the right to obtain and to review an applicant’s or an
employee’s criminal conviction record, and related information, and to use such information when
making employment decisions, but only to the extent permissible under applicable law.
INTRODUCTORY PERIOD
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All employees will undergo an introductory period of employment. The introductory period shall
consist of the first one hundred twenty (120) days of employment or ninety (90) days following
transfer or promotion within the organization. This is an opportunity for the Company to evaluate
the employee's performance. It also is an opportunity for the employee to decide whether the
employee is happy being employed by the Company. The Company may extend the introductory
period if it desires. The employee will be notified, either verbally and/or in-writing if this period is
extended. Completion of the introductory period does not alter an employee's at-will status.
It is expected that an employee must actively be at work during the Introductory Period except
with written management approval or unless out on protected absence such as, for example,
FMLA or paid sick or safe leave. Extended absences during the Introductory Period may result in
extension of the Introductory Period.
The Company reserves the right conduct a formal performance review at the end of the
introductory period.
Employment Termination
Our goal is to build and maintain lasting work relationships with our employees. In the case that
an employee chooses to resign, the employee should consult the terms of the employee’s
employment agreement.
It is expected that teachers and intervention specialists provide a minimum of 30 calendar days’
notice and others provide a minimum of 14 calendar days’ notice of resignation.
The School reserves the right to accept the resignation immediately upon notice, or based upon
the individual circumstances, the School may elect to allow the employee to work out their notice.
Employees must actively be at work during a notice period except with written management
approval or unless approved in writing by management or Human Resources. Paid Time Off (PTO)
cannot be used or donated during this notice period.
Once notice of resignation is received by the school leader, it cannot be withdrawn except with
the written agreement of the school leader, even if such attempt to withdraw is during the notice
work out period. Some employees may have additional conditions and/or limitations regarding
resignation from employment. For additional information regarding any additional conditions
and/or limitations regarding resignation from employment see your employment agreement, if
any.
Employees who fail to follow any additional restrictions or conditions within their employment
Each employee must return any equipment or supplies received during the course of employment
prior to the employee’s final work day. Equipment, grade books, lesson plan books, student
records and files, Company or School manuals, computers, cell phones, keycards, security badges,
building keys, and all Company and School-owned materials must be given to the supervisor upon
termination of employment.
For staff terminating employment at the end of the school year, standard responsibilities may
include but are not limited to the following: completing a textbook inventory; inspecting all issued
textbooks for damage; assigning responsibility for damage to school property to specific students;
compiling a list of necessary room repairs; updating student cumulative records; thorough
cleaning of classroom furniture and student lockers; and completion of classroom inventory of
equipment, furniture and teaching materials. Grade books, lesson plan books, student records
and files, Company and school manuals, and all Company and school-owned materials must be
given to the school leader upon the ending of employment.
Exit Interviews
The school leader and/or human resources will generally schedule exit interviews or provide an
exit survey around the time of employment termination. Topics of discussion may include reasons
for leaving as well as impressions about the School and/or Company. During the exit interview,
employees can provide insights into areas for improvement their specific position held, the School,
and the Company.
Once notice is given, the company reserves the right to limit or disable access to specific or all
systems. Once employment has been terminated, all accounts will be disabled. Incoming email
may be redirected to a current employee’s inbox.
Any property issued to you by the Company or the School such as software, computer equipment,
databases, files, cell phone, pager, keys, parking passes, credit card(s) or any other equipment
must be returned at the time of termination. You may not keep copies of the property in any
media form and the Executive Team may also take all action deemed appropriate to recover or
protect its property. You will be responsible for the cost or replacement of any lost or damaged
items.
EMPLOYMENT VERIFICATION
All requests for employment verification for current or former employees should be referred to
Human Resources at 888-990-4226 or [email protected]. Human Resources will only release
your last title and dates of employment, unless the request for additional information is
RESOLUTION OF DISPUTES
Any dispute arising out of or relating to the negotiation, execution, performance or termination
of your employment, including, but not limited to claims under Title VII of the Civil Rights Act of
1964, as amended, the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967,
the Americans with Disabilities Act of 1990, Section 1981 of the Civil Rights Act of 1966, as
amended, the Family Medical Leave Act, the Employee Retirement Income Security Act, and any
similar federal, state or local law, statute, regulation, or any common law doctrine, whether that
dispute arises during or after employment, shall be settled by binding arbitration before a single
arbitrator in accordance with the Employment Arbitration Rules and Procedures of JAMS;
provided however, that this dispute resolution provision shall not apply to any separate
agreements between the parties that do not themselves specify arbitration as an exclusive
remedy.
The location for the arbitration shall be in the Cleveland metropolitan area or in another location
as mutually agreed by the employee and the Company. Any award made by such arbitrator shall
be final, binding and conclusive on the parties for all purposes, and judgment upon the award
rendered by the arbitrator may be entered in any court having jurisdiction thereof. The
arbitrator’s fees and expenses and all administrative fees and expenses associated with the filing
of the arbitration shall be borne by the Company; provided however, that at your option, you may
voluntarily pay up to one-half the costs and fees.
You and the Company acknowledge and agree that the obligations to arbitrate under this section
continue after the termination of the employment relationship between you and the Company.
By electing arbitration as the means for final settlement of all claims, you and the Company hereby
waive their respective rights to, and agree not to, sue each other in any action in a Federal, State
or local court with respect to such claims, but may seek to enforce in court an arbitration award
rendered pursuant to this offer letter. You and the Company specifically agree to waive their
respective rights to a trial by jury, and further agree that no demand, request or motion will be
made for trial by jury.
ANTI-HARASSMENT
ACCEL Schools is committed to a work environment in which all individuals are treated with
respect and dignity and are free from all forms of harassment and discrimination. Any form of
harassment, even when not unlawful or directed at a protected category, is prohibited and will
not be tolerated. All employees, supervisors, co-workers, vendors, contractors, or other third
parties, are expected to adhere to this policy.
Harassment is any form of hostility, conduct or language that alters the conditions of the school
environment for any person, including a student, employee, contractor visitor or vendor, and that
creates a hostile, intimidating or offensive school environment. Additionally, sexual harassment
can consist of unwelcome sexual advances, intentional and unwelcome touching, verbal remarks
and requests or demands for sexual favors.
1. The term “harassment” includes harassment based on any category protected by federal,
state or local law, which may include, but is not limited to, unwelcome slurs, jokes, or
verbal, graphic or physical conduct relating to an individual's race, color, religious creed,
sex, national origin, ancestry, citizenship status, pregnancy, childbirth, physical disability,
mental and/or intellectual disability, age, military status or status as a Vietnam-era or
special disabled veteran, marital status, registered domestic partner or civil union status,
familial status, gender, gender identity, transgender status, sexual orientation, or genetic
information.
2. Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, or
other verbal or physical conduct of a sexual nature where:
a. Submission to such conduct is an explicit or implicit term or condition of
employment;
b. Employment decisions are based on an employee's submission to or rejection of
such conduct; or
c. Such conduct unreasonably interferes with an individual's work performance or
creates an intimidating, hostile or offensive working environment.
Reported incidents of harassment shall be investigated immediately. The incident and report will
be kept as confidential as the circumstances permit.
Complaint Procedure
Should you feel uncomfortable reporting the conduct to your supervisor or school leader, please
send an email to [email protected] indicating that you have a confidential matter to discuss
along with the best phone number and times of day to contact you.
Confidentiality
All reports of alleged harassment, sexual harassment, or discrimination will be treated and taken
seriously. Confidentiality will be maintained to the extent possible. However, to conduct a
thorough investigation, certain information may need to be disclosed to other individuals,
including the alleged offender. Consequently, absolute confidentiality cannot be promised and
cannot be guaranteed.
Investigative Procedure
Following an investigation, the Company will promptly take any corrective measures necessary,
including any appropriate disciplinary action. Disciplinary action will be taken if the investigation
reveals that an employee has acted in a manner that is not in alignment with the goals of this
policy. ACCEL Schools may address any other workplace issue discovered during an investigation.
This may include some or all of the following steps:
All employees of the Company, both management and non-management, are responsible for
assuring that a workplace free of harassment, sexual harassment, and discrimination is
maintained. Any employee may report incidents experienced personally or incidents observed in
the workplace. The Company strives to maintain a pleasant work environment where all
employees are able to effectively perform their work without interference of any type and
requests the assistance of all employees in this effort.
All managers and supervisors are responsible for doing all they can to prevent and discourage
harassment, sexual harassment, and discrimination from occurring. If a complaint of harassment,
sexual harassment or discrimination is raised, the individual to whom the complaint is made (i.e.,
supervisor, manager, school leader) should promptly notify Human Resources so an investigation
may be initiated. The Company may discipline any managers or supervisors who fail to follow this
policy, which discipline may include termination.
The Company will not permit or condone any acts of retaliation against anyone who files or
cooperates in the investigation of harassment or discrimination complaints. The Company also
prohibited retaliation because an employee objects to discrimination or harassment or files,
testifies, assists, or participates in any manner in any investigation, proceeding, or hearing
conducted by a governmental enforcement agency.
Prohibited retaliation includes, but is not limited to, termination, demotion, suspension, failure to
hire or consider for hire, failure to give equal consideration in making employment decisions,
failure to make employment recommendations impartially, adversely affecting working
conditions or otherwise denying any employment benefit.
Individuals who believe they have been subjected to retaliation, or believe that another individual
has been subjected to retaliation, should follow the above Complaint Procedure to report their
concerns.
In order to conduct the operations of ACCEL Schools efficiently and professionally, all employees
are to follow the rules of conduct that will protect the interests and safety of all employees and
the Company. All employees are expected to act in a professional manner at all times including
during interactions with students and their families, co-workers, board members, and the general
public.
Although it is not possible to list all forms of inappropriate behavior and conduct, the following
The listed causes for disciplinary actions are not all-inclusive and the Company will determine
appropriate discipline reasons and level of discipline or disciplinary actions of each occurrence by
examining the specific facts presented.
Should an employee’s performance, work habits, overall attitude, conduct or demeanor become
unsatisfactory based on violations either of the above or of any other Company policies, rules or
regulations, the employee will be subject to disciplinary action, up to and including termination.
Before or during imposition of any discipline, employees may be given an opportunity to relate
their version of the incident or problem at issue and provide any explanation or justification they
consider relevant.
The Company’s own best interest lies in ensuring fair treatment of all employees and in making
certain that disciplinary actions are prompt, uniform, and impartial. The major purpose of any
disciplinary action is to correct the problem, prevent recurrence, and prepare the employee for
satisfactory service in the future.
Disciplinary action may call for all or any of four steps -- verbal warning, written warning,
suspension with or without pay, or termination of employment, all of which will be documented
and placed in the employee’s personnel file. Depending on the severity of the problem and the
number of occurrences there may be circumstances when one or more steps are bypassed.
Where appropriate, supervisors will follow a process of progressive employee discipline. Before
or during application of any discipline, employees may be given an opportunity to relate their
version of the incident or problem and provide an explanation. Examples of progressive employee
discipline include:
The Executive Team recognizes that there are certain types of employee problems that are serious
enough to justify either a suspension, or termination of employment, without going through the
usual progressive discipline steps. Depending on the specific circumstances, the Company may
suspend or terminate an employee without prior discipline, or without following a particular order
of discipline.
Fraud is defined as any act or omission that intentionally misleads, or attempts to mislead, another
party in order to obtain a financial or other benefit or to avoid an obligation.
Bribery is defined as giving, paying, promising, offering, or authorizing the payment of anything of
value to any party to influence any person or entity to act improperly.
Corruption is defined as the use or abuse of one’s authority or position within the Company for
private gain.
Any suspected violations of this policy must be reported to your supervisor, school leader or
Human Resources. Reported incidents shall be investigated immediately. The incident and report
will be kept as confidential as the circumstances permit.
ANTI-BULLYING POLICY
The school prohibits any acts of bullying by employees or students. Bullying refers to repeated,
unreasonable actions of individuals (or a group) directed towards an employee (or a group of
employees) that are intended to intimidate, degrade, humiliate, or undermine; or that creates a
risk to the health and safety of the employee(s). Bullying, like other disruptive or violent behaviors,
is conduct that disrupts students’ ability to learn, employees’ ability to work effectively and the
school’s ability to educate its students in a safe environment. Demonstration of appropriate
behavior, treating others with civility and respect, and refusing to tolerate bullying is expected of
all staff.
Violations of this policy should be reported to your supervisor, school leader or Human Resources.
Reported incidents shall be investigated immediately. The incident and report will be kept as
confidential as the circumstances permit.
When any employee knows of or suspects abuse or neglect of a student under the age of 18, the
employee shall first notify their Supervisor. Then the employee shall call the local reporting agency
When any staff employee suspects abuse or neglect of a student that is 18 years of age or older,
the employee must also first notify the supervisor. The employee must then offer the student the
opportunity to report the incident(s) to the local police or other appropriate agency. The student,
as an adult, has the option not to make a call to the police. In either case, the employee must
complete a Student Abuse/Neglect Form that is placed into the student’s records.
If the family contacts the School about the report, the family needs to be told to contact the
agency or police department that is handling the matter. All reports are to be kept confidential –
including between members of the School staff — unless a given staff member needs to know
about the matter in order to fulfill their duties.
ACCEL Schools is committed to providing a safe workplace for employees, students, families,
board members, contractors, vendors, and others with whom we interact The School has zero
tolerance for violent acts or threats of violence.
You are expected to conduct yourself in a non-threatening, non-abusive manner at all times. Any
direct, conditional or veiled threat of harm to any employee, guest, or Company or school property
will be considered unacceptable behavior. Acts of violence, intimidation or bullying of others will
not be tolerated.
All employees share the responsibility in identifying and alleviating threatening or violent
behaviors. Anyone who is subjected to or threatened with violence, or who is aware of another
individual who has been subjected to or threatened with violence, is to immediately report this
information to their supervisor, or a management member. You must assume that any threat is
serious. The Company will carefully investigate reports and maintain employee confidentiality to
the fullest extent possible.
ACCEL Schools will take disciplinary action, up to and including termination, and/or legal action as
appropriate, against any employee who commits or threatens to commit a violent act against any
person while on Company or school premises or while engaged in school business off the
premises.
WEAPONS
ACCEL Schools strives to provide a safe and secure workplace for employees, students, families,
board members, contractors, vendors, and others with whom we interact. The Company has zero
tolerance for, and forbids the possession of any type of weapon, firearm, explosive and/or
ammunition while on Company or school property or conducting school business, unless explicitly
authorized by state law. For purposes of this policy, Company or school property includes, but is
not limited to, all Company and school facilities, and school-provided vehicles and equipment that
are either leased or owned by the Company or school.
Employees share the responsibility of identifying violators of this policy. If you either witness or
suspect another individual of violating this policy, you should immediately report this information
to their onsite supervisor.
ANTI-NEPOTISM
This policy must also be considered when assigning, transferring, or promoting an employee. For
the purposes of this policy, a relative is any person who is related by blood or marriage, or whose
relationship with the employee is similar to that of persons who are related by blood or marriage
(e.g., domestic partnership or civil union status).
Employees who become related or establish a romantic relationship may continue employment
as long as it does not involve any of the above conflicts. If one of the conditions outlined should
occur, attempts will be made to find a suitable position within the Company to which one of the
employees will transfer. If employees become immediate family members or establish a romantic
relationship, the Company will make reasonable efforts to assign job duties so as to minimize
problems of supervision, safety, security or morale. If accommodations of this nature are not
feasible, one of the employees may be asked to resign. The employees will be permitted to
determine which of them will resign. If the employees cannot make a decision, the Company will
decide in its sole discretion who will remain employed.
Regular attendance is important to the operation of ACCEL Schools. If you are late or absent, it
places a burden on other employees and may impact productivity, student learning, and
classroom and school morale.
You are expected to be reliable and punctual by reporting to work on time and as scheduled. If
there is an unscheduled absence or a need for late arrival to work, notify your supervisor at least
If you are absent for three or more consecutive workdays due to personal illness, you may be
required to provide a statement from your healthcare provider, unless state or local law provides
otherwise, before you will be permitted to return to work and you may be required to follow leave
request processes.
Failure to properly report your absences may be considered a voluntary resignation of your
position. Employees who fail to report to work for three consecutive business days without
notifying the school of the absence will be considered as having voluntarily resigned as a result of
job abandonment.
Abuse of PTO may lead to disciplinary action. Indications of possible abuse include, but are not
limited to, repeated usage of PTO to extend regularly scheduled days off, including weekends,
holidays (before or after a holiday), excessive absenteeism on Mondays and Friday, and usage of
PTO on days previously requested and denied as vacation.
If you need to leave the worksite to conduct personal business, you must first obtain permission
from your immediate supervisor. This will allow us to make modifications to the work schedule if
necessary and will keep us aware of your availability during the day.
The following are examples of types of time off that will not be considered grounds for disciplinary
action under this policy:
• Time off that was previously approved, including vacation;
• Paid sick and safe time provided under a mandatory sick and safe time leave law;
• Approved state and federal leaves of absence, including but not limited to jury duty leave,
military leave, leave protected under the Family and Medical Leave Act or similar state
laws, and time off or leave specifically approved by the Company as an accommodation
under the Americans with Disabilities Act or similar state laws; and/or
• Time off due to a work-related injury that is covered by workers’ compensation.
DRUG-FREE WORKPLACE
ACCEL Schools is committed to protecting the safety, health and well-being of all employees,
students, families, contractors, board members, vendors, and others with whom we interact in
our workplace. “Workplace” includes Company or school property, any Company or school -
sponsored activities located at any other site where you are performing work or representing the
Company or school.
“Illegal drugs” means all drugs whose use or possession is regulated or prohibited by federal, state
or local law. These include prescription medication that is used in a manner inconsistent with the
prescription or for which the individual does not have a valid prescription. Marijuana remains
illegal as a matter of federal law and therefore the use of marijuana and marijuana products is
prohibited by this policy. The Company will accommodate individuals who are medically certified
to use marijuana by their home state where required to do so by law, but in no case may an
employee use or possess marijuana or marijuana products at work or during work time or work
while impaired.
This policy does not prohibit the possession and proper use of lawfully prescribed or over-the-
counter drugs. However, an employee taking medication should consult with a health care
professional or review dosing directions for information about the medication’s effect on the
employee’s ability to work safely, and promptly disclose any work restrictions to a supervisor or
Human Resources. Employees are not required to reveal the name of the medication or the
underlying medical condition.
As a condition of continued employment, all employees must comply with this policy. An
employee who engages in an activity prohibited by this policy shall be subject to disciplinary
action, up to and including immediate termination of employment.
Unless prohibited by law, the Company reserves the right to send employees for drug test if they
are suspected of being under the influence of illegal drugs or alcohol.
Contact Human Resources for information about the Employee Assistance Program (EAP) and
support for participation in drug and alcohol abuse rehabilitation and education programs through
the Company’s health care carrier.
This policy is not intended to replace or otherwise alter applicable U.S. Department of
Transportation obligations or any other federal, state or local agency drug testing regulations
related to a particular industry.
TOBACCO-FREE WORKPLACE
ACCEL Schools is committed to providing all employees with a safe and healthy work environment.
All school premises are smoke-free, unless clearly marked otherwise. Smoking a cigarette, cigar,
e-cigarette, or pipe or any other form of tobacco, as well as the chewing of tobacco, is not allowed.
For your convenience, designated smoking areas are clearly marked. Employees are expected to
use the waste disposal receptacles for smoking products.
For employees not working in any capacity with students: you are expected to report to work well
groomed, clean, and dressed according to the requirements of your position. Some employees
may be required to wear uniforms or safety equipment’s/clothing. Please contact your supervisor
for specific information regarding acceptable attire for your position. If you report to work dressed
Some individuals may have sensitivity or allergic reactions to perfumes, colognes, powders and
lotions. If you use these items, use them in moderation and with consideration for those around
you.
Nothing in this policy is intended to prevent employees from wearing a hair or facial hair style that
is consistent with their cultural, ethnic or racial heritage or identity. This policy will be interpreted
to comply with applicable local, state or federal law. The Company will also consider reasonable
accommodations to appearance standards for medical and/or religious reasons. Contact your
supervisor if you have a request for an accommodation in this area.
The Company reserves the right to establish a dress code or change its dress code at any time.
PERSONAL PROPERTY
The Company does not provide insurance coverage for employee’s personal property. This is the
responsibility of each individual. Employees should contact their individual insurance agents to
check their coverage. Any personal property brought onto School property is subject to inspection
and search.
Use of online recording devices (i.e. conference bridge services) may be used to capture
discussions for the purpose of reference. Under these circumstances, all attendees must be
audibly notified when recordings are commenced and terminated. These recordings must be
made available to all attendees and may be shared with other employees or vendors with whom
we have a non-disclosure agreement (NDA). All recordings can be disclosed to law enforcement
or other third parties without prior consent of the sender or the receiver. The information
collected may be used as a justification for internal disciplinary action, including, but not limited
to demotion, suspension, or termination. The Company is under no obligation to share that
information with the employee.
You must obtain written permission from your Supervisor prior to recording any conversation,
communication, activity or event.
You are restricted from using the recording or camera functions on any electronic communication
devices anywhere in the building or on Company property at any time.
WHISTLEBLOWER POLICY
The School is committed to operating in compliance with all applicable laws, rules and regulations,
including but not limited to those concerning accounting and auditing, and prohibits fraudulent
practices by any of its board members, officers, employees, or volunteers. This policy outlines a
procedure for employees to report actions that an employee reasonably believes violates a law,
or regulation or that constitutes fraudulent accounting or other practices. This policy applies to
any matter that is related to the school’s business and does not relate to private acts of an
individual not connected to the business of the school.
A whistleblower as defined by this policy is an employee of the School or its affiliates who reports
an activity that the employee considers to be illegal or dishonest business activity. A whistleblower
is not responsible for investigating the activity or for determining fault or corrective measures;
appropriate management officials are charged with these responsibilities.
Examples of illegal or dishonest activities include but are not limited to, violations of federal, state
or local laws; billing for services not performed or for goods not delivered; and other fraudulent
financial reporting.
If you have knowledge of, or a concern of illegal or dishonest fraudulent activity, you are to call
866.733.9409 or email [email protected]. Employees are expected to
exercise sound judgment to avoid baseless allegations. An employee who intentionally files a false
report of wrongdoing will be subject to disciplinary action, up to and including termination of
employment. All reports of illegal and dishonest activities will be promptly submitted to the school
leader who is responsible for investigating and coordinating any corrective action needed.
Pursuant to the Defend Trade Secrets Act, an individual shall not be held criminally or civilly liable
under any federal or state trade secret law for the disclosure of a trade secret that: (A) is made (i)
in confidence to a federal, state, or local government official, either directly or indirectly, or to an
attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law;
or (B) is made in a complaint or other document that is filed in a lawsuit or other proceeding, if
such filing is made under seal. An individual who files a lawsuit for retaliation by an employer for
reporting a suspected violation of law may disclose the employer's trade secret to the attorney of
the individual and use the trade secret information in the court proceeding if the individual files
any document containing the trade secret under seal; and does not disclose the trade secret,
Whistleblower protections are provided in two important areas -- confidentiality and protection
from retaliation against an employee who makes such a report. To the extent possible, the
confidentiality of the whistleblower will be maintained. However, the whistleblower’s identity
may have to be disclosed to conduct a thorough investigation, to comply with the law and to
provide accused individuals their legal rights of defense. Additionally, ACCEL Schools prohibits
retaliation of any kind.
A whistleblower who believes they have been retaliated against must contact ACCEL Schools
Human Resources immediately. The right of a whistleblower to protection against retaliation does
not include immunity for any personal wrongdoing that is alleged and investigated. ACCEL Schools
may take disciplinary action (up to and including termination) against an employee who in
management’s assessment has engaged in retaliatory conduct in violation of this policy.
EMPLOYEE CLASSIFICATIONS
Employees are classified as either exempt or nonexempt under federal and state wage and hour
laws and are further classified for administrative purposes. The following designations are used
throughout this Employee Handbook.
Exempt Employees
Exempt employees are employees whose job assignments meet specific tests established by the
federal Fair Labor Standards Act (FLSA) and state law and who are exempt from minimum wage
and overtime pay requirements. Exempt employees are compensated on a salary basis.
Employees will be informed whether their status is exempt or nonexempt and should consult their
supervisor or Human Resources with any questions or concerns regarding this status.
Nonexempt Employees
Nonexempt employees are employees whose job positions do not meet FLSA or applicable state
exemption tests, and who are NOT exempt from minimum wage and overtime pay requirements.
Nonexempt employees are eligible to receive overtime pay for hours worked in excess of 40 hours
in a given week, or as otherwise required by applicable state law. Employees will be informed
whether their status is exempt or nonexempt and should consult their supervisors or Human
Resources with any questions or concerns regarding this status.
The Company is committed to employing only individuals who are authorized to work in the
ERROR IN PAY
The Company makes every effort to ensure that you receive the correct amount of pay in each
paycheck and that you are paid on the scheduled payday and prohibits any improper deductions
from an employee’s pay.
You should review your paycheck when received and, if you believe an error has been made,
contact your supervisor and [email protected] immediately. All necessary steps will be
taken to research the problem and to assure that any necessary correction is promptly made and
will take steps to ensure that the error is not repeated in the future.
The Company complies with all applicable laws, including the Fair Labor Standards Act, and will
not allow any form of retaliation against individuals who make good faith reports of alleged
violations of this policy, or who cooperate in an investigation by the Company, even if the reports
do not reveal any errors or wrongdoing.
Employees who are classified as exempt must record absences from work for reasons such as
leaves of absence, sick leave or vacation.
Exempt employees are paid on a salary basis and, in general, must be paid their full salary for any
week they perform work. Their weekly salary may be reduced only in the following circumstances:
• Employees who are absent for at least a full day because of personal reasons, sickness
or disability will not be paid for that day unless they have accrued paid time off under
the ACCEL Schools paid time off or disability policy and the absence qualifies for pay
under the policy. Their salary will not be reduced for absences less than a full day
because of personal reasons, sickness or disability.
• Employees who are absent from work for jury duty, attendance as a witness or military
leave may have their salary reduced by the amount of payment they receive in the
form of jury fees, witness fees or military pay. Their salary will not be reduced by the
number of hours or days they are absent unless they perform no work during a given
week.
• Employees who work less than 40 hours during their first and/or last week of
employment will be paid a proportionate part of their full salary for the time actually
worked.
• Employees who take leave under the Family and Medical Leave Act will not be paid for
that time unless they have accrued paid time off under the Company paid time off or
This policy is subject to applicable state law regarding reduction of exempt employees’ salaries if
the state law is more favorable to employees.
Any salaried exempt employee whose salary is reduced in violation of this policy will be
reimbursed. If you feel your salary has been improperly reduced, please notify your human
resource specialist. No employee will be penalized in any way for making a complaint.
This policy is intended solely to implement Fair Labor Standards Act (FLSA) regulatory
requirements, and applicable state law will be applied and modified as necessary in accordance
with the requirements, and is not to be considered any type of contract.
HOURS OF OPERATION
Normal operating hours for ACCEL Schools are from 7:30 a.m. to 4:00 p.m., Monday through
Friday. These hours may vary depending upon your position and work requirements. If applicable,
your supervisor will provide direction for lunch and rest breaks in order to facilitate the smooth
flow of business and to maintain an adequate number of staff.
Please give your supervisor as much advance notice as possible for any schedule changes.
INCLEMENT WEATHER
In the case of inclement weather, please consult your school leader for policy and procedures on
school opening status.
Hourly staff will not be paid for any hours during a school closure due to inclement weather unless
they choose to use available PTO hours.
MEAL PERIODS
All regular full-time employees will have one meal period of thirty minutes in length each workday.
Your supervisor will schedule your meal period to accommodate operational requirements.
During meal periods, you are not subject to any work responsibilities or restrictions. Meal periods
lasting more than thirty minutes are not considered “hours worked,” and so accordingly, you will
Depending on Company work needs, employees may be required to work overtime when
requested to do so. Nonexempt employees will be paid overtime premiums at the rate of 1.5 times
their regular rate of pay. You are responsible for clearly noting all hours worked, including any
overtime hours, on your timesheet.
It is our policy that no overtime can be worked without the advance approval of your supervisor.
Failure to obtain approval in advance of working the overtime is a violation of Company policy and
may result in disciplinary action.
If, during a workweek, you are away from the job because of an injury, paid holiday, jury or witness
duty, sick day or vacation day, those hours not worked will not be counted as hours worked for
the purpose of computing overtime pay, even if you receive pay such as sick or vacation pay for
such time missed (except where state or local law provides otherwise).
Employees are not to work “off the clock” and are required to ensure that all time worked is
properly recorded. If you are given directions to perform work “off the clock,” you should
promptly notify your supervisor. If your supervisor has given you directions to work “off the clock”
and/or has told you not to properly record all hours worked, notify your human resource
specialist. You will not be penalized in any way for making such a report and you will be
compensated for any time actually worked but not recorded.
PAY PRACTICES
For overtime calculations and salary administration, the fixed 7-day "workweek" for ACCEL
Schools is the period beginning at 12:01 a.m., Sunday and ending at midnight, Saturday. All
employees will be paid by check or direct deposit bi-weekly on every second Friday. For paydays
falling on a holiday, you will be paid the prior business day.
If you are absent on payday and someone else is to pick up your check, it will not be released
without a signed note from you authorizing the named person to pick it up. The person designated
to pick up your check will be asked to produce satisfactory identification; otherwise, your check
will not be released.
If your employment ends, you will be paid your final wages in accordance with applicable state
law.
The Company is required by federal and some state laws to make certain deductions from your
paycheck each pay period. Such deductions typically include taxes and Social Security. Depending
on the state in which you are employed and the benefits you choose, additional deductions may
occur.
The pay of some nonexempt employees may be subject to additional deductions. Such deductions
will be made in accordance with state and federal law, and will require written authorization from
the employee.
The amount of all deductions will be listed on the employee’s pay stub.
If any employee, exempt or nonexempt, has questions about deductions from their pay, believes
they have been subjected to improper deductions, or believes that the amount paid does not
accurately reflect the employee’s total hours worked or salary, that employee should promptly
contact Human Resources, a supervisor or any other member of management.
Every report will be fully investigated, and the Company will provide the employee with any
compensation to which the employee is entitled in a timely fashion.
The Company complies with all applicable laws, including the Fair Labor Standards Act, and will
not allow any form of retaliation against individuals who make good faith reports of alleged
violations of this policy, or who cooperate in an investigation by the Company, even if the reports
do not reveal any errors or wrongdoing.
TIMESHEETS
Accurately recording and reporting time worked is the responsibility of every employee in order
for the Company to calculate employee pay and benefits. All employees are required to accurately
record and report all time worked and time away from work and sign their own time report prior
to submitting to their supervisor for approval.
LACTATION BREAKS
The Company will provide a reasonable amount of break time, or amount of time required by
state law, to accommodate a female employee’s need to express breast milk for the employee's
infant child for up to one year following the child’s birth, or as required by law. The break time
should, if possible, be taken concurrently with other break periods already provided. If the
lactation break cannot run concurrently with meal and rest breaks already provided, employees
should clock out for the break and the break will be unpaid. ACCEL Schools will provide the
employee with the use of a room or other location in close proximity to the employee's work area,
other than a restroom, where the employee may express milk in private. Speak with your
supervisor should arrangements for a refrigerator be required.
Employees should advise management if they need break time and an area for this purpose.
Employees will not be discriminated against or retaliated against for exercising their rights under
In an effort to maintain the safety and welfare of employees and visitors, the school will conduct
searches or inspections on reasonable suspicion that a school policy was violated. Areas that may
be searched include, but are not limited to, employee’s work area, desks and any other property
located on Company or school premises or worksites. Entry on Company or school premises or
worksites constitutes consent for the school to conduct a search or inspection when there is a
reasonable suspicion that a school policy was violated.
Employees may use school property, equipment and reference materials for business purposes.
School equipment (including, but not limited to, computers, printers, fax machines, etc.) assigned
to employees is the property of the school and may not be removed from the building without
first obtaining written permission from your supervisor. You are expected to take proper
precautions concerning the equipment, reference material and/or property you are assigned to
use. Any equipment that is malfunctioning should be reported immediately to your supervisor.
Health and Safety policies are posted in the School. All employees need to review the policies and
follow requirements of the building to be certain that they are followed at all times. Failure to
follow these policies can result in discipline up to and including termination.
To maintain a safe and healthy workplace, both management and employees must work diligently
to promote safety. All managers, supervisors, and employees are responsible for protecting and
securing School property, materials, equipment and facilities and reporting any security violations,
thefts and other security-related incidents to their supervisor or Human Resources. Failure to
protect, to secure, or report any such violations of any employee of the School can result in
discipline up to and including termination.
Our employees are our most valuable resource, and their safety is most important to us. You are
expected to report all job-related injuries or illnesses to your supervisor immediately, regardless
of severity. You are also expected to:
If you have reported a safety issue to your supervisor and you feel that the issue has not been
appropriately addressed, you should report the issue to Human Resources.
Failure to observe these guidelines may result in disciplinary action, up to and including
termination of your employment.
WORKPLACE CONDITIONS
In the event of a workplace injury, the School may require drug/alcohol testing.
School Building Evacuation. In the event of an emergency evacuation, all employees must follow
the Safety Drills and Emergency Procedures as determined for each building. This procedure can
be found with the building’s school leader. Emergency evacuation routes are located in each room
of the buildings.
The use of the School-paid postage for personal correspondence is not permitted.
Media Policy
It is the policy of the School that all employees shall refrain from talking to members of the media
on School-related issues on behalf of the Company or any of the Companies managed by the
Company and its affiliates. If a media representative contacts you, you are expected to refer all
inquiries to your school leader or the Executive Team.
Consistency and clarity of message is critical in preserving the School’s reputation throughout the
business, public and press. Employees are also prohibited from releasing any nonpublic School-
related confidential information outside the School in any media whatsoever, including any and
all social media whether general or restricted.
A visitor will be considered unauthorized if the visitor failed to do any of the following:
• Enter the school through the main entrance;
• Register as a visitor in the front office;
• Receive permission to proceed to any other location in the building.
Authorized visitors will receive directions or be escorted to their destination. Employees are
responsible for the conduct and safety of their visitors.
Please consult your school leader for more detailed explanation of visitor protocols.
Generally, the school leader will not allow gifts of any kind intended for a student from any
employee to any student(s), for any reason.
ACCEL Schools is committed to attracting and retaining a qualified and competent workforce.
Employees typically will receive an annual written performance review and may receive additional
performance evaluations at other intervals. Written performance reviews will be based on your
overall performance in relation to your job responsibilities, your achievements and work behavior.
Informal performance discussions typically occur throughout the year and encourage open
supervisor-employee communication.
ACCEL Schools strives to maintain a professional environment and prevent interference with work
and inconvenience to others from solicitations and/or distribution of literature.
In an effort to ensure a productive and harmonious work environment, solicitation of any kind by
an employee of the School is prohibited while the employee is on working time. This means that
any type of solicitation is prohibited if the employee is doing the solicitation or the employee being
solicited is on working time. Working time includes time when an employee is scheduled and is
paid to be performing services for the Company; it does not include breaks, meal periods, or
periods in which an employee is not performed and is not scheduled to be performing services or
work for the Company.
The federal Occupational Safety and Health Administration (OSHA) requires that we keep records
of all illnesses and accidents that occur during the workday. OSHA also provides for your right to
know about any health hazards that might be present on the job. Should you have any questions
or concerns, contact your supervisor or ACCEL Schools’ Human Resources Department for more
information.
ACCEL Schools is committed to providing a comfortable and productive work environment for
employees. It is important that your concerns are resolved in a timely manner in an atmosphere
of open communication and mutual respect. You are encouraged to follow the process below for
bringing concerns to management for resolution. Employees will not be penalized for taking
advantage of this procedure.
First, discuss the problem with your supervisor. If you do not believe a discussion with your
supervisor is appropriate, request a meeting with an ACCEL Schools human resources specialist.
In an effort to resolve the problem, the ACCEL Schools human resource specialist will consider the
facts and may conduct an investigation.
Additionally, the Anti-Harassment Policy in this handbook outlines procedures for employees to
report complaints of harassment and discrimination.
Access to the Internet has been provided to employees for the benefit of the organization. It is
your responsibility to use the Internet in a productive manner. The following guidelines have been
established for using the Internet.
You should use the internet in an effective, ethical, productive and lawful manner. You may use
the instant messaging systems and internet forums to conduct official School business or to gain
technical or analytical advice. Databases may be accessed for information as needed. Email may
be used for work contacts.
You should not use the school-provided internet services for non-work-related reasons. Use of the
internet must not interfere with the school’s productivity or operations.
It is strictly prohibited for you to use the internet while working for personal gain. Use of the
internet while on Company or school time must not interfere with your productivity or disrupt the
operations of the Company network or the network of other users.
Employees may not use their personal devices for work purposes for any reason, at any time,
without authorization in advance from the school leader.
Communications
Page | 34 July 1, 2021
You are responsible for the content of all text, audio, and images that you place or send over the
Internet including, but not limited to, any Web-based sites or programs. During or after
employment, employees are prohibited from posting statements, photographs, and video or
audio that reasonably could be viewed as malicious, obscene, and threatening or intimidating;
that disparage students, families, contractors, vendors, and others with whom we interact; or that
might constitute harassment or bullying in violation of the Company’s policies.
Except to the extent that you are discussing your wages, hours, or terms and conditions of
employment, the following guidelines apply:
• All messages communicated on the Internet should have your name attached to them
if they mention or refer to ACCEL Schools or one of its schools in any way;
• No messages regarding or relating to the School or Company are to be transmitted
under an assumed name; employees may not transmit messages or other
communication by means that either mask or hide their identity or indicate that they
are sent by someone else if the messages contain information regarding the School’s
or Company’s business.
Employees are not allowed to forward School or Company information to their personal email
address. Employees are not allowed to forward employee information to non-employees such as
former colleagues, third party service provider, or vendor unless it is for the purposes of protected
concerted activity unless it is for the purpose of protected concerted activity
ACCEL Schools intends to prevent computer viruses and unauthorized use of copyrighted
materials belonging to entities other than the Company or school. You should obtain prior
approval before downloading any software. Users are not permitted to copy, transfer, rename,
add or delete information or programs belonging to other users unless given express permission
to do so by the owner. Failure to observe copyright or license agreements may result in disciplinary
action from the Company or school, up to and including immediate termination or legal action by
the copyright owner.
While our systems may accommodate the use of passwords for school security, you should not
expect confidentiality of your files at work. ACCEL Schools reserves the right to access your
Internet use and messages at any time, without notice.
Never disclose personal or system passwords to anyone other than authorized school
representatives. You are not to attempt to gain access to another employee’s system, including
email or voice mail messages.
Security
All computers and the data stored on them are, and remain at all times, the property of the
Employees should be aware that even when a message is deleted or erased, it is still possible to
recreate the message; therefore, ultimate privacy of a message cannot be ensured to anyone.
Accordingly, internet and email messages are not private. Furthermore, all communications
including text and images can be disclosed to law enforcement or other third parties without prior
consent of the sender or the receiver.
Employees should also be aware that duplicates of email transmitted through a personal, web-
based email account using company equipment could be stored on that equipment; likewise,
information regarding internet sites that an employee has accessed may also be stored.
Harassment
Harassment of any kind is prohibited. Messages with derogatory or inflammatory remarks about
an individual or group’s race, color, religious creed, sex (including pregnancy, lactation, childbirth,
and related medical conditions), national origin, ancestry, citizenship status, physical disability,
mental and/or intellectual disability, age, military or veteran status, marital status, registered
domestic partner or civil union status, gender, gender identity, sexual orientation, transgender
status, or genetic information will not be permitted.
Violations
Violations of any guidelines listed in this policy may result in disciplinary action, up to and including
immediate termination. If necessary, the Company or school will advise appropriate legal officials
of any illegal violations.
SOCIAL MEDIA
Social Media is a powerful tool that has a significant impact on ACCEL Schools and the School. The
Social Media Policy is designed to offer practical guidance for responsible, constructive
communications via social media channels. Social media includes all means of communicating or
posting information or content of any sort on the internet, including to your own or someone
else's web log or blog, journal or diary, personal web site, social networking or affinity web site,
web bulletin board or a chat room, whether or not associated or affiliated with the Company, as
well as any other form of electronic communication.
Employees are prohibited from being friends with any current students or former students under
the age of 18 years old at any of our school entities, on any social media sites or platforms.
School logos or any other trademarked company or school-owned images or icons are prohibited
Photos of students and or student activities are prohibited without prior written approval from
the student’s parent/guardian and the school leader of the school.
Employees are prohibited from discussing matters of professional life on their personal page (i.e.
events during the work day, workshops, trainings, etc.).
The same laws, professional expectations, and behavioral standards that you would follow in your
daily operations are expected to be followed when interacting on a social media site. The school
respects the legal rights of its employees; what you do on your own time is your affair however
activities in or outside of work that negatively affect your job performance, the performance of
others, or the business interests of the school or company will be reviewed on a case-by-case
basis.
Schools that have a social media page or that would like to start one must contact the Regional
Vice President for their school. The page may only be maintained by an officially appointed
employee who is identified as being responsible for the page’s content. The page must link back
to the school web site and the postings should be brief redirecting a visitor to the contents of the
school site.
All posts made on the school social media site should protect the voice of the school by remaining
professional in tone and of good taste.
Best Practices:
• Employees are responsible for anything they post to the social media site, so think twice
before posting.
• Consider your audience and exercise good judgment. The social media site is available to
the public; this includes prospective and current students, future employees, colleagues,
and/or peers.
• Be authentic and respect copyrights and trademarks.
• Names and/or pictures of current or former students are prohibited without the written
consent of the student’s parent(s) or legal guardian and the school leader of the building.
Violations of the above will result in disciplinary action up to and including termination of
employment.
The Company’s confidential and proprietary information is vital to its current operations and
future success. Each employee should use all reasonable care to protect or otherwise prevent the
unauthorized disclosure of such information.
By way of example, confidential or proprietary information includes, but is not limited to,
nonpublic information regarding the Company’s business methods and plans, databases, systems,
technology, intellectual property, know-how, marketing plans, business development, products,
services, research, development, inventions, financial statements, financial projections, financing
methods, pricing strategies, customer sources, student records of any kind, employee
health/medical records, system designs, and methods of competing. Additionally, employees who
by virtue of their performance of their job responsibilities have the following information, should
not disclose such information for any reason, except as required to complete job duties, without
the permission of the employee at issue: social security numbers, driver’s license or resident
identification numbers, financial account, credit or debit card numbers, security and access codes
or passwords that would permit access to medical, financial or other legally protected
information.
Further, employees are hereby notified that under the 2016 Defend Trade Secrets Act (DTSA): (1)
no individual will be held criminally or civilly liable under Federal or State trade secret law for the
disclosure of a trade secret (as defined in the Economic Espionage Act) that: (A) is made in
confidence to a Federal, State, or local government official, either directly or indirectly, or to an
attorney; and made solely for the purpose of reporting or investigating a suspected violation of
law; or, (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such
filing is made under seal so that it is not made public; and, (2) an individual who pursues a lawsuit
for retaliation by an employer for reporting a suspected violation of the law may disclose the trade
secret to the attorney of the individual and use the trade secret information in the court or
arbitration proceeding, if the individual files any document containing the trade secret under seal,
and does not disclose the trade secret, except as permitted by order in that proceeding.
If you need to leave the worksite to conduct personal business, you must first obtain permission
from your immediate supervisor. This will allow us to make modifications to the work schedule if
necessary and will keep us aware of your availability during the day. Personal visits from friends
and family members to the worksite are discouraged.
ACCEL Schools provides the communication systems necessary for you to conduct business. You
are expected to adhere to proper use of all communication systems. These include, but are not
limited to, the telephone, email, wireless communication devices, iPads, tablets, facsimile,
Internet access and other external network connections, network file share and storage systems,
wide area network, Company intranet, voicemail, computers, modems, systems, audio/visual
equipment, and other software and equipment.
The School’s computing and communications systems are to be used in a productive manner
primarily for the School business.
No Privacy Expectations
The Company or school may access, monitor, copy, capture, disclose, delete, and use any
communication, information or data, whether personal or business related, that is created on,
stored on (permanently or temporarily), viewed on, downloaded or uploaded to, accessed by,
printed from, or communicated across the Company’s or school’s computing and communication
systems with or without notice to the employee. This includes instances where employees
transmit or receive text or instant messages on Company and school devices. All messages,
regardless of content or the intent of the sender, are a form of Company or school
correspondence, and are subject to the same internal and external regulation, security and
scrutiny as any other school correspondence.
Communication systems shall not be used as a forum to promote religious or political causes, or
an illegal activity. Offensive or improper messages or opinions, transmission or postings of sexually
explicit images or other images or materials inappropriate for the workplace, messages, cartoons,
or other such items, or messages that may be construed as harassment or disparagement of
others based on race, color, religious creed, sex, national origin, ancestry, citizenship status,
pregnancy, childbirth, physical disability, mental/intellectual disability, age, military status or
status as a Vietnam-era or special disabled veteran, marital status, registered domestic partner or
civil union status, gender, gender identity or expression, sexual orientation, transgender status,
or genetic information are also prohibited.
Unless authorized by personnel with the authority to grant such authorization, any attempt to
gain access to another employee’s personal communications system and messages is prohibited.
Safety Concerns
The Company values its employees and the safety of others, and it expects employees to put
safety first while driving for work purposes. Employees are prohibited from using wireless
communication devices while driving unless using a hands-free device. Texting (including
composing, sending, or reading) while driving is strictly prohibited. You are strongly encouraged
to pull off to the side of the road and park the vehicle in a safe location before placing or accepting
a call or before reading or writing e-mail or text messages. You should take special care in
situations where there is heavy traffic, inclement weather or you are driving in an unfamiliar area.
You are expected to know and follow all local and state laws related to using communication
devices while driving. Employees are responsible for all traffic violations and consequences
resulting from the use of communication devices while driving for work.
Use of the camera feature on cellular phones or other communication devices presents risks to
the school, potentially compromising student information, the privacy of your co-workers, or
proprietary information. Use of this feature is banned from all areas on Company or school
property or other areas during work-related functions, unless authorized in advance by your
supervisor.
The school provides employees with efficient, cost effective telephone communication equipment
and services. The purchase and use of school-owned cellular telephones shall be limited to the
requirement and specifications contained in this policy.
Employees cannot add, modify, or remove cellular telephone equipment or services. The School’s
Information Technology Department is responsible for adding, modifying, or removing cellular
telephones and services. Employees may request authorization for changes from their supervisor.
All Company or school-owned cellular telephone purchases, including hardware or software shall
be made according to policies established by the Operations and IT departments. You are
expected to follow applicable state or federal laws or regulations regarding the use of electronic
devices at all times. Telephone records are subject to periodic review by management.
b.Personal Use
The School recognizes that occasions arise in which personal calls need to be made or received on
a Company or school-provided cellular telephone. However, it is intended that cellular telephones
be used for Company or school business-related purposes. Personal calls are to be minimized.
Calls home or to the family, etc. by school staff when required to work extended hours shall be
Page | 41 July 1, 2021
considered business calls.
Cellular phones must not be taken on vacation or used when an employee is off duty unless there
is a school-related purpose in doing so. Telephone records are subject to periodic review by
management.
The Company reserves the right to monitor the billing and use of all Company or school-owned
cellular telephones and has the authority to withhold any un-reimbursed amount from the
employee’s wages.
Employees may not use their personal devices for work purposes for any reason, at any time,
without authorization in advance from the Company leader.
Upon resignation or termination of employment, or at any time upon request, you may be asked
to produce your personal device(s) for inspection. All school or company data on personal devices
will be removed by IT upon termination of employment. Failure to follow policies and procedures
may result in disciplinary action up to and including termination of employment.
Mobile devices must be appropriately secured to prevent sensitive or confidential data from being
lost or compromised, to reduce the risk of spreading viruses and to mitigate other forms of abuse
of the Company’s computing and information infrastructure. Any approved device is required to
have an anti-virus, mobile device management (MDM) and “remote wipe” software installed. This
MDM software will store all Company-related information, including calendars, emails and other
company-related applications in one area that is password-protected and secure. The IT
department must approve any personal device and install all required software prior to the device
being used for work-related activities. A mobile device includes but is not limited to a laptop, flash
drive, MP3 player, CD’s DVD’s, portable hard drives, tablet, smart phone, or digital camera.
HOLIDAYS
Full-time employees are eligible for paid holidays during each calendar year. A paid holiday does
not count as a day worked in calculating overtime for the week.
ACCEL Schools’ Holiday Calendar observes the following holidays each year.
These days are paid days off for full-time 12-month staff, as well as full-time 10-month hourly staff
if the holiday falls on a regularly scheduled workday.
Additional days off for instructional staff (Teachers, Instructional Aides) will be communicated by
the school leader at the start of the school year.
When holidays fall or are celebrated on a regular workday, eligible employees will receive one (1)
day's holiday pay at their regular straight-time rate. Eligible employees who are called in to work
on a holiday will receive one (1) day's holiday pay at their regular straight-time rate, and an
additional payment of straight-time for the actual time they work that day.
If a holiday falls within an eligible employee's approved vacation period, the eligible employee will
be paid for the holiday (at the regular straight-time rate) in addition to the vacation day, or the
eligible employee will receive an additional vacation day at the option of the school.
If a holiday falls within a jury duty or bereavement leave, the eligible employee will be paid for the
holiday (at the regular straight-time rate) in addition to the leave day, or the eligible employee
will receive an additional day off at the option of the school.
Visit UKG® online to access training, secure personal information and work tools.
Password: Your password will be your Birthdate entered as mmddyyyy, no spaces or dash
just numbers. For example, Jane Doe with a date of birth of October 5, 1950 will have an
initial password of 10051950.
Upon your first login you will be asked to change your password. The requirements are as follows:
• Must be at least 8 characters
• Must contain at least 1 uppercase letter
• Must contain at least 1 lowercase letter
• Must contain at least 1 number and 1 special character.
As you create your new password, each requirement will be greyed out as you fulfill it.
Please make a note of your credentials, so that you can log in at any point in time to view pay
stubs or update information.
When logging in for the first time you will be asked the below security questions. Please use the
examples for help on formatting.
Date of Birth (Example: mm/dd/yyyy)
Address City (Example: Columbus)
Last Name (Example: Smith)
Multi-Factor Authentication will still be a required due to the sensitive information. You will need
to enter in your access code.
Your personal information is accessible only to you through multiple layers of security and
industry-standard data encryption. Since payroll information and other sensitive data are
accessible through your account, it is important you do not share your username and password
with others.
Employees requesting leave of absence must submit a Leave of Absence Request Form and
contact Unum to start the leave process. Employees absent for three consecutive days are
required to follow the leave request procedures. Please ensure you are following call out
procedures if in an emergency and contact your supervisor.
Employees must complete the Leave Request Form with the estimated start and end date of
your leave and provide to your supervisor to review before submitting to human
resources. If the dates change, please let your supervisor and human resources know right
away by contacting [email protected]
If you are eligible for leave, certification of health care provider form may be required. If so,
it will be mailed in your initial leave packet within two (2) business days of filing your leave.
You will be provided a minimum of 15 days from the date the leave is requested to complete
and return this form.
State Law
A number of states have family leave laws that provide leave benefits which exceed those
available to employees under the FMLA. Employees should contact Human Resources at for
additional information.
Employee Eligibility
Length of Leave
The maximum amount of FMLA Leave will be 12 workweeks in any 12-month period when
the leave is taken for: (1) Bonding Leave; (2) Family Care Leave; (3) Serious Health Condition
Leave; and/or (4) Military Emergency Leave.
However, if both spouses work for the Company and are eligible for leave under this policy,
the spouses will be limited to a total of 12 workweeks off between the two of them when
the leave is for Bonding Leave or to care for a parent using Family Care Leave. The applicable
"12-month period" utilized by the Company is a rolling 12-month period measured backward
from the date an employee uses FMLA leave. Under this method, the 12-month period is
measured backward from the day the employee uses any FMLA leave.
Certification forms are available from Unum. At our expense, we may require a second or
third medical opinion regarding the employee's own serious health condition or the serious
health condition of the employee's family member. In some cases, we may require a second
or third opinion regarding the injury or illness of a Covered Service Member. Employees are
expected to cooperate with the Company in obtaining additional medical opinions that we
may require.
When leave is for planned medical treatment, employees must try to schedule treatment so
as not to unduly disrupt the Company’s operation. Please contact Human Resources prior to
scheduling planned medical treatment.
BEREAVEMENT LEAVE
Full-time and part-time regular employees may take up to three (3) days off work for the
death of a spouse, registered domestic partner, civil union relationship, child, parent, sibling
or comparable step-relation, and up to one (1) day off work for the death of all other family
members. The eligible time off will be paid. Contact your supervisor as soon as reasonable
to request time off for bereavement leave.
If you are summoned to jury duty or to appear in court as a witness, the school will continue
your pay in accordance with FLSA and applicable law. If you are summoned to jury duty,
ACCEL Schools will continue your pay for 5 days of jury service per calendar year. If you are
required to serve more than 5 working days of jury service in a calendar year, you will be
allowed additional time off without pay to complete the jury service. The school will continue
to pay for this extended period of service in accordance with FLSA and applicable law. You
must notify your supervisor as soon as it is known your jury duty will be extended.
To qualify for either jury or witness duty leave, you must submit a copy of the summons to
your supervisor as soon as it is received. In addition, you must also submit to your supervisor
a related proof of service when the period of jury or witness duty is completed. No adverse
employment action will be taken against employees due to their service as either a juror or
witness in state or federal courts.
You may be granted a leave of absence to attend to personal matters in situations in which
the school determines that an extended period of time away from the job will be in your and
the school’s best interest.
Requests for a personal leave of absence or any extension of a leave should be submitted in
writing to your supervisor at least 30 days prior to commencement of the leave period or as
soon as is practicable. Please ensure you are following call out procedures if in an emergency
and contact your supervisor. Your supervisor will forward the request to the appropriate
manager recommending approval or denial. Management will make the final decision
concerning the request. While on approved leave, you are expected to report any change of
status in your need for leave or your intention to return to work.
You may be required to use all accrued paid time off while on leave before going on unpaid
leave. For information on health care coverage during a leave of absence, refer to the
Continuation of Benefits policy. Benefits that accrue according to length of service, such as
Regular pay for 10-month salaried employees returning from a personal leave is subject to
review and pro-ration for the remainder of the annual term. Pro-ration results when the
employee’s actual annual number of workdays is significantly lower than the number
estimated at the start of the employment term.
Upon return from a personal leave due to an illness or injury, you must provide a release to
return to work. Any restrictions must be noted on the release. The Company will consider
modifications or adjustments to help facilitate your return to work.
A personal leave of absence may not provide a guarantee of reinstatement to the same or
similar position.
VOTING LEAVE
Employees are encouraged to fulfill their civic responsibility by voting in local, state and
national elections. If you are unable to reach your polling place outside of work hours, you
may take up to 2 hours of unpaid time off to vote. You are required to provide reasonable
notice to your supervisor, and evidence of voting may be required.
MILITARY LEAVE
Federal law provides employees with the right to take leave in order to serve in the military.
At the federal level, military leave rights are governed by the Uniformed Services
Employment and Reemployment Rights Act, commonly referred to as USERRA. This policy
discusses military leave under USERRA.
State laws may also provide an employee with rights to take military leave. If the employee
works in a state that provides rights in addition to those provided under USERRA, the
Company will provide those rights.
A leave of absence without pay for military or reserve duty or National Guard training will be
granted to employees. The employee should submit copies of military orders to his or her
supervisor as soon as possible. The employee may use any accrued but unused vacation time
or paid time off. Exempt employees who perform any work in a week in which they also have
military duty will be paid their full salary. Eligibility for reinstatement following a military
leave of absence will be determined in accordance with applicable federal and state laws.
Regular pay for 10-month salaried employees returning from a military leave is subject to
review and pro-ration for the remainder of the annual term. Pro-ration results when the
employee’s actual annual number of workdays is significantly lower than the number
estimated at the start of the employment term.
If an employee plans to request leave based on military service, they should contact Human
When work-related accidents, injuries or illnesses occur, employees may be eligible for
workers’ compensation insurance benefits. The Company provides a comprehensive
workers’ compensation insurance program at no cost to employees and in accordance with
applicable state law. This program covers most injuries or illnesses, sustained in the course
of employment, that require medical, surgical, or hospital treatment. Subject to applicable
legal requirements, workers’ compensation insurance provides benefits or, if the employee
is hospitalized, treatment immediately.
An employee who is injured and misses work must use available PTO hours to cover the days
they are absent, if they wish to be paid. Additional compensation for missed work days is
subject to state bureau of workers’ compensation or Traveler’s Insurance guidelines and
policies. Contact your Human Resources or your Workers’ Compensation claims adjuster for
more details.
Regular pay for 10-month salaried employees returning from workers compensation is
subject to review and pro-ration for the remainder of the annual term. Pro-ration results
when the employee’s actual annual number of workdays is significantly lower than the
number estimated at the start of the employment term.
Employees who sustain a work-related injury or illness should inform their supervisor
immediately. No matter how minor an on-the-job injury may appear, it is important that it
be reported immediately. All incident reports and documents must be completed and turned
in to [email protected]. This will enable an eligible employee to qualify for coverage.
Leaves of Absence/Accommodation
Employees who need to take time off from work due to a workers’ compensation illness or
injury may also be eligible for a leave of absence under the Company’s leaves of absence or
reasonable accommodation policies. Employees should consult with Human Resources for
additional information.
Return to Work
Employees who are ready to return to work following a workers’ compensation-related leave
of absence must supply a certification from a health care provider confirming the employee’s
ability to return to work.
The Company will notify the workers’ compensation insurance company if we have reason
to believe an employee has supplied false or misleading information in connection with a
claim and/or has filed a fraudulent claim. Workers’ compensation fraud is a crime and may
also be grounds for disciplinary action, up to and including termination of employment.
I acknowledge that I have received the Company’s Employee Handbook and accompanying state
handbook supplements ("the Handbook"), dated July 1, 2021, and understand that violations of
the policies contained in the Handbook including, but not limited to, the Anti-Harassment Policy,
could result in disciplinary action, up to and including termination.
I understand I must repay the Company any vacation/PTO used but not accrued at the time my
employment ends and/or for any loss or damage to company equipment or property, and I hereby
authorize the Company to deduct such amounts from my final paycheck to the extent permitted
by law. I also agree that if requested, I will complete a new deduction authorization form to
facilitate such deductions.
I further agree and consent to all policies contained herein and understand that the information
contained in the Handbook represents guidelines for the Company and that the Company reserves
the right to modify the Handbook or amend or terminate any policy, procedure or employee
benefit program at any time.
I further understand that the contents of the Handbook do not form a written employment
contract for employment for a specific term or duration. My employment with ACCEL Schools is
at- will unless a duly authorized employment agreement with ACCEL Schools provides otherwise.
I further understand that no manager, supervisor or other representative of the Company, other
than the president or vice president, has any authority to change my at-will status or enter into
any agreement guaranteeing employment for any specific period of time. I also understand that
any such agreement, if made, will not be duly authorized and enforceable unless it is in writing
and signed by both parties.
My signature below certifies that I understand the at-will employment relationship between the
Company and myself.
I further understand that if I have any questions about the interpretation or application of any
policies contained in the Handbook, I should direct these questions to the onsite supervisor.
Please sign and return one acknowledgment to your supervisor and retain the other for your
records.
• All board members, employees, contractors, and volunteers at any time during employment are
required to report any new arrests or convictions for an offense that would create a ban on
employment with children to an administrator in writing within seventy-two (72) hours.
• School Board Members, School employees, independent contractors and volunteers shall make
a report of suspected child abuse if they have reasonable cause to suspect that a child is the
victim of child abuse under any of the following circumstances:
o Employee, independent contractor or volunteer comes into contact with the child in the
course of employment, occupation and the practice of a profession through a regularly
scheduled program, activity or service.
It is the mission of School Name to provide all students with a content-rich, academically challenging
education with a well-defined, sequential curriculum in a safe, orderly, disciplined environment. Academy
students will learn to express themselves and utilize 21st-century computer technology to support learning
in all major subjects. Academy is committed to providing a free appropriate, and socially responsible
educational program. By equipping our young people with essential knowledge and skills, the Academy
will help to fulfill dreams and motivate students to become whatever they so choose.
Table of Contents
I. Admission Information ...................................................................................................................... 4
A. Preference of Admission ..................................................................................................................................4
B. Kindergarten Entrance and Screening .............................................................................................................5
C. Registration and Enrollment............................................................................................................................5
D. Re-Enrollment ..................................................................................................................................................6
E. Non-Discrimination Policy ...............................................................................................................................6
F. Health Certification and Immunization Requirements ....................................................................................6
G. Change of Address / Phone Number / Custody ...............................................................................................6
II. Student and Parent Responsibilities ................................................................................................. 6
A. Behavior Guidelines .........................................................................................................................................6
B. Code of Conduct ..............................................................................................................................................7
C. Dress Code .......................................................................................................................................................8
D. Attendance ......................................................................................................................................................9
E. Truancy ..........................................................................................................................................................10
F. Tardy Policy ...................................................................................................................................................12
G. Suspension, Expulsion, and Emergency Removal Procedures ................................................................. 12-17
H. Withdrawal Policies and Procedures .............................................................................................................17
III. Academics ......................................................................................................................................... 18
A. Curriculum .....................................................................................................................................................18
B. Assessment and Intervention ........................................................................................................................18
C. Make-Up Work ..............................................................................................................................................18
D. Report Cards ..................................................................................................................................................19
E. Parent / Teacher Conferences .......................................................................................................................19
F. Open House ...................................................................................................................................................19
IV. School Operations ............................................................................................................................ 19
A. School Day, Arrival and Dismissal..................................................................................................................19
B. Illness .............................................................................................................................................................19
C. Emergency Phone Calls..................................................................................................................................20
D. Early School Dismissal ...................................................................................................................................20
E. Emergency School Closings............................................................................................................................20
F. Cars / Parking / Buses....................................................................................................................................20
G. Breakfast / Lunch...........................................................................................................................................20
H. Recess ............................................................................................................................................................20
I. Textbooks ......................................................................................................................................................21
J. Money............................................................................................................................................................21
K. Lost and Found ..............................................................................................................................................21
L. Student Photographs .....................................................................................................................................21
M. Visitors ...........................................................................................................................................................21
N. Volunteer Program ........................................................................................................................................22
O. Field Trips ......................................................................................................................................................22
P. Classroom Parties ..........................................................................................................................................22
Q. Cell Phones ....................................................................................................................................................22
R. Personal Items Brought to the School ...........................................................................................................22
S. Stolen Items ...................................................................................................................................................23
T. Backpacks, Desks, Lockers and Other Personal Storage Areas ......................................................................23
U. Pesticide Notice and Log Policy .....................................................................................................................23
V. Health and Safety ............................................................................................................................. 23
A. Reporting Injuries ..........................................................................................................................................23
B. Health Clinic...................................................................................................................................................24
C. Emergency Medical Authorizations ...............................................................................................................24
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D. Medication Administration............................................................................................................................24
E. Food Allergy Action Plan................................................................................................................................26
F. Vision, Hearing, and Scoliosis Screening........................................................................................................26
G. Eye Protective Devices ...................................................................................................................................26
H. Wellness Program .........................................................................................................................................27
I. Reporting Child Abuse / Neglect....................................................................................................................27
J. Technology and Internet Safety.....................................................................................................................27
K. Harassment, Intimidation, Bullying ...............................................................................................................28
L. Prohibited Gang Activity ................................................................................................................................29
M. Drug-Free School ...........................................................................................................................................29
N. Weapon-Free School......................................................................................................................................29
VI. School Records.................................................................................................................................. 30
A. Current Information.......................................................................................................................................30
B. Request for Records .......................................................................................................................................30
C. Student Directory Information ......................................................................................................................30
D. Audio-Visual Information ..............................................................................................................................31
E. Release of Student Records ...........................................................................................................................31
F. Non-Custodial Parent Record Request ..........................................................................................................31
G. Protection of Pupil Rights Amendment (PPRA) Notification..........................................................................32
VII. Child Find ......................................................................................................................................... 33
VIII. Parents’ Right to Know Teacher Qualifications ........................................................................... 34
IX. Parent Involvement Policy............................................................................................................... 34
X. Complaint Procedure ....................................................................................................................... 35
XI. Non-Discrimination and Title IX/Section 504 Notice .................................................................... 36
XII. Homeless Policy ................................................................................................................................ 36
Parent/Student Handbook Contract ....................................................................................................... 40
Media Release ............................................................................................................................................ 41
**NOTICE**
The school is a community school established under Chapter 3314 of the Ohio Revised Code. The school is a
public school and students enrolled in and attending the school are required to take proficiency tests and other
examinations prescribed by law. In addition, there may be other requirements for students at the school that are
prescribed by law. Students who have been excused from the compulsory attendance law for the purpose of
home education as defined by the Administrative Code shall no longer be excused for that purpose upon their
enrollment in a community school. For more information about this matter contact the school administration or
the Ohio Department of Education.
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Introduction
This Handbook was developed to answer many of the commonly asked questions that you and your parents
may have during the school year. Become familiar with the following information and keep the Handbook
available for reference by you and your parents. The term “parent” when used herein means an official
caregiver of a minor child, including but not limited to mother, father, stepparent, grandparent, foster parent,
or court-appointed guardian. If you have any questions about this Handbook, please contact the Principal.
The Principal has similar authority and responsibilities as the superintendent of schools for a local district.
This Handbook does not constitute a contract between the School and the student/parent, and the School
reserves the right at its discretion to change or amend the handbook at any time in the future.
Cooperation, respect for others, and a sense of wonder are essential to learning. For this reason, the
following regulations and guidelines have been outlined in this manual to assist in maintaining a positive
learning environment.
School Hours
Definitions
I. Admission Information
A. Preference of Admission
Preference for admission shall be given to students attending the school the previous year, to students who
reside in the district in which the school is located, and to siblings of students attending the school the
previous year.
If enrollment exceeds capacity, the school will perform a blind, random lottery to determine what students
are enrolled and what students are placed on a waiting list (in order of their selection). Any students who
inquire about enrollment after the lottery is held will be placed on the waiting list on a first come, first
served basis.
Children entering the Kindergarten program must be five years of age on or before September 30th or qualify
for early entrance under the School’s policy.
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By November 1, of the school year, in which a kindergartener or first grader is enrolled for the first time,
the child must be screened for vision, hearing, speech and communication, health and medical problems
and any developmental disorders. If the screening reveals the possibility of potential learning needs, the
District must provide a further assessment. A child’s screening and assessment data cannot be used to
determine eligibility to enter kindergarten. Furthermore, the screenings are not intended to diagnose an
educational disability or to be used for placement procedures. Screening results help identify areas of
individual development that require further assessment for educational programming, particularly for
students who might benefit from early intervention, prevention, acceleration, and enrichment programs. A
parent may sign a statement that they do not wish to have the child screened.
Registration and enrollment are two different steps in the process of becoming a student at the school.
Registration initiates the first step in the two-step process. By registering, the parent expresses a desire to
have his/her child attend the school. It does not mean the child will be enrolled in the school.
The second step is enrollment. After the registration period, as described above is completed and the lottery
process is completed, enrollment can begin. The child is not officially a student at the school until the
second step, enrollment, is completed.
D. Re-Enrollment
For those students presently attending the school, re-enrollment starts at the end of March or during the first
week of April. Students are not automatically re-enrolled from school year to school year. All parents must
state their intention to have their child/student be re-enrolled each school year. It is the responsibility of
the parent to inform the school of any changes to their residency or contact information.
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E. Non-Discrimination Policy
Enrollment will not be denied to any eligible applicant on the basis of gender, age, race, religion, color,
national origin, ancestry, pregnancy, marital or parental status, economic status, sexual orientation, or
physical, homelessness, mental, emotional or learning disability. The school will also not discriminate in
its pupil admissions policies or practices whether on the basis of intellectual or athletic ability, measures of
achievement or aptitude, or any other basis that would be illegal if used by any public school.
All new students are required to submit a copy of their Immunization Records within the first fourteen (14)
days that they are enrolled. No student shall be permitted to remain in school for more than fourteen (14)
days if the student has not met the minimum immunization requirements established by the Ohio department
of health which may be accessed at https://www.odh.ohio.gov.
On the 15th day after school entrance, it will be necessary to exclude all students from the school who
do not meet the above requirements.
Medical authorities and school educators urge that every child have a complete medical examination before
entering school so that the child may be physically ready to accept all the advantages which education has
to offer.
It is the parent’s/responsibility to inform the school office of any change of address, phone number or
custody. For changes of address, a new proof of residence will be required. For a change of custody, parents
will be required to provide a copy of the custody order to the school.
Effective learning cannot occur without an approach to student behavior that stresses self-discipline,
consistent with the maturity level of the students. Discipline, which reflects the school’s policy of non-
violence, exists to promote an atmosphere favorable to concentration, attention, and creativity. In addition,
discipline is a positive attempt to help all students realize that they are important, worthwhile, and capable
of learning. In classroom management, teachers shall be fair, firm, consistent, and impartial, displaying
sensitivity to the needs of the individual child.
The following are the main ideas basic to the school’s system of discipline. Students will be successful by:
• Knowing and obeying the rules; and
• Accepting responsibility for their behavior.
Corporal punishment is not permitted. No employee shall threaten, inflict, or cause to inflict
unreasonable, irrational, or inappropriate force upon a student.
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• On school grounds during the school day or immediately before or after school hours;
• On school grounds at any other time when the school is being used by a school group;
• On or off school grounds at any school activity, function, or event;
• Traveling to and from school, including actions on any school bus, van, or public conveyance; and
• On the Internet including but not limited to any social media platforms, whether on school grounds
or off school grounds if the conduct affects the school’s teachers and staff or the education of the
school’s students.
B. Code of Conduct
Violation of the Code of Conduct may subject the student to discipline including but not limited to
detentions and in-school suspensions and up to and including suspension, expulsion, or permanent
exclusion. The following behavior is a violation of the Student Code of Conduct:
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• Weapons – No student at any time, for any reason, shall possess, handle, transmit, or use any object,
which can be reasonably considered a weapon in or on the property of the school, or any school-
sponsored activity held away from the school property. For purposes of illustration, but without
limitation, this rule shall include firearms, explosives, fireworks, and knives, including penknives,
chemicals, and other dangerous objects, which are of no reasonable value to a student other than as
a weapon. Possession of a “weapon” may result in immediate expulsion.
• Serious Bodily Injury – An incident that results in serious bodily injury to one’s self or others.
Serious bodily injury is defined as “a bodily injury that involves substantial risk of death, extreme
physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the
function of a bodily member or organ.”
• Wrongful Conduct – Actions not in the listing above that impede, obstruct, interfere, or violate the
mission, philosophy, and regulations of the school or classroom, including any policies listed in
this handbook or the Board of Director’s Board Policy Manual.
C. Dress Code
All students are expected to come to school in clean and properly fitting uniforms with proper hygiene and
hair styled neatly. Daily personal grooming is important. Pride in one’s appearance is the first step in
gaining self-esteem and confidence. Moreover, limiting distractions associated with inappropriate or
unusual dress and personal style promotes a positive learning environment. Parents will be contacted if a
student is out of uniform or comes to school poorly groomed.
The student dress code is an important part of the school program and philosophy. Making a choice to
attend the school, the student (with parent support) agrees to follow all dress code requirements. The dress
code is not an option for the student or parent. Not choosing to follow the dress code may lead to
suspension or expulsion.
Girls
• Solid white blouse or knit shirt with collar
• Solid white garment worn under blouse**
• Solid dark blue, black, or khaki skirts to knee
• Solid dark blue, black, or khaki shorts to knee
• Solid dark blue or black jumpers to knee
• Solid dark blue, black, or khaki long pants
• Solid dark blue, black, or white socks, tights, or hosiery
• Solid black or dark brown conservative shoes OR solid black or white tennis shoes only
• Blouses must be tucked inside the pants or skirts
**If needed
Boys
• Solid white dress shirt or knit shirt with collar
• Solid white t-shirt or undershirt worn under the shirt**
• Solid dark blue, black, or khaki long pants
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• Solid dark blue, black, or khaki shorts to knee
• Solid dark blue, black, or white socks
• Solid black or dark brown conservative street shoes OR solid black or white tennis shoes
only
• Shirts must be tucked inside the pants at the waist
D. Attendance
Regular attendance and punctuality are essential for success in school and necessary for success later in
life. Each student at the school has the responsibility to attend all classes regularly and to be on time.
The required attendance of students shall conform to the minimum standards prescribed by State Law.
Therefore, absences from school should be only for illness or an emergency. In case of an absence from
school:
• The parent must notify the school before the beginning of the school day from which his/her child
will be absent. Calls are to be made to the school office. Within 120 minutes after the beginning
of each school day, the school shall make at least one attempt in compliance with ORC 3321.141
(A)(2) to contact the parent/guardian for any student absent without legitimate excuse. Parents or a
designated adult will be required to sign the child out when they leave and then sign in if they
return. A sign-in/sign-out sheet is in the school office and a photo ID will be required.
• While permission will be given to keep a dental/doctor appointment during school hours, parents
are encouraged to make these appointments for times other than class hours, if possible. Every
tardy or absence (excused or unexcused) slows the progress of a child’s development.
• Both “excused” and “unexcused” absences are counted toward the maximum allowable absences.
The distinction is made between “excused” and “unexcused” absences for determining whether a
student may have the opportunity to make up class work and whether disciplinary action is in order.
• A student will be retained in his/her present grade level if he/she has been truant for more than
10% of the required attendance days of the current school year and has failed two or more of the
required curriculum subject areas. A student may only be promoted under these circumstances if
the school administrator and the student’s teachers of any failed subject areas agree that the student
is academically prepared to be promoted.
• Per state law, a student will be automatically withdrawn from school if the student does not have a
legitimate excuse (see below “excused” absence from class) and fails to participate in seventy-two
(72) consecutive hours of the learning opportunities offered to the students.
• Students who are habitually or excessively absent or tardy may be referred for interventions
pursuant to the school’s Attendance, Truancy and Withdrawal Policy.
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The term “excused” will refer to any absence from a class based on the following:
• Medical appointment
• Pursuant to medical advice
• Death of an immediate family member
• Personal illness
• Court appearance
• Religious observance
• Other as deemed by the school administrator.
The term “unexcused” will refer to any absence from a class based on the following:
• Leaving school early without proper authorization
• Other unexcused absence defined by the school administrator.
NOTE: Failure to attend any school function outside the regular school day will not be considered an
absence.
E. Truancy
Generally
Attendance at school is key to achievement. Students are expected to attend school regularly and on time.
Parents/guardians are encouraged to partner with the school to ensure attendance and timeliness.
Parents/guardians are encouraged to make any doctor, dentist, etc., appointments for times other than school
hours.
Excessive Absences
A student shall be considered excessively absent when the student is absent (with a non-medical
excuse or without legitimate excuse) 38 or more hours in one school month or 65 or more hours
in one school year.
When a student is excessively absent the School within seven days of the triggering absence will
notify the student’s parents in writing of the student’s absence. The School will develop a truancy
intervention plan which may include any applicable appropriate interventions contained in this
policy.
Habitually Truant
A student shall be considered habitually truant when the student is absent without legitimate excuse
for 30 or more consecutive hours, 42 hours or more in one school month, or 72 hours or more in a
school year.
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1. Within seven days of the triggering absence:
a. The Superintendent, Principal, or Chief Administrator shall establish an absence
intervention team. The team should be based on the needs of each individual
student, but the team shall include at a minimum two representatives from the
School, one of whom knows the student, and the student’s
parent/guardian/custodian/designee/guardian ad litem (“parent”). The team may
also include a school psychologist, counselor, social worker, or representative of a
public or nonprofit agency designed to assist students and their families in reducing
absences.
b. The School shall make three meaningful good faith attempts to secure participation
on the team by the student’s parent/guardian/custodian/designee/guardian ad litem
(“parent”). If the student's parent responds to any of those attempts, but is unable
to participate for any reason, the School shall inform the parent of the parent's right
to participate through a designee. If 7 school days elapse and the student's parent,
fails to respond to the attempts to secure participation, the School shall do both of
the following:
i. Investigate whether the failure to respond triggers mandatory reporting to
the public children services agency for the county in which the child resides
in the manner described in section 2151.421 of the Ohio Revised Code; and
ii. Develop an intervention plan for the student notwithstanding the absence of
the child's parent.
2. Within 10 days of the triggering absence, the student will be assigned to the selected
absence intervention team.
3. Within 14 days after the assignment of the team, the School will develop an absence
intervention plan for that student in an effort to reduce or eliminate further absences.
Within 7 days after developing the plan, the School shall make reasonable efforts to provide
written notice of the plan to the student’s parent/guardian.
4. If the student does not make progress on the plan within 61 days or continues to be
excessively absent, the School will file a complaint in the juvenile court.
5. In the event that a student becomes habitually truant within 21 school days prior to the last
day of instruction of a school year, the School may, in its discretion, assign one school
official to work with the student’s parent/guardian/custodian/designee/guardian ad litem to
develop an absence intervention plan during the summer. If the School selects this method,
the plan shall be implemented not later than 7 days prior to the first day of instruction of
the next school year. In the alternative, the School may toll the time periods to
accommodate for the summer months and reconvene the absence intervention process upon
the first day of instruction of the next school year.
Reporting
The School shall report as soon as practical to the Ohio Department of Education: when a notice
of excessive absence is submitted to a parent; when a student meets the definition of habitually
truant; when a student has been adjudicated an unruly child for being an habitual truant violates
the court order regarding that adjudication; when an absence intervention plan has been
implemented.
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If the student is violating a court order regarding the student’s adjudication as an unruly child for
being habitually truant, the Board hereby authorizes the school’s administrator or his/her designee
to inform the student and parent/guardian of the violation and to notify the Juvenile Court.
The School may take legal action against the parent/guardian pursuant to ORC 3321.20 or ORC
3321.38 if a student is not attending school.
See the Attendance, Truancy and Automatic Withdrawal policy in the Board Policy Manual for more
information.
F. Tardy Policy
All students reporting to school after the school day begins will be considered tardy. Tardy arrivals are
added to hours absent, and the student may be referred to Absence Intervention Team.
Students must be in their assigned classroom by the start of school day. Just being “in school” or “hanging
around” in the restrooms, gym, or the halls is not considered ready for school and in the classroom. Students
using such an excuse will be marked tardy.
Parents are encouraged to make dental/doctor appointments for times other than class hours, if possible.
Every tardiness, even if excused, slows the progress of a child’s development.
The school recognizes that exclusion from the educational program is a serious sanction and that suspension
and expulsion must follow due process mandates. Additionally, the school will comply with all state and
federal law pertaining to students with disabilities.
A student may be disciplined for any violation of the student code of conduct, even if the violation occurs
on property not owned or controlled by the school if the violation took place during activities connected
with the school or if the behavior is directed at a school official.
Any student suspended or expelled under this policy will not be permitted to participate in any
extracurricular activities.
Students in grades kindergarten through third grade will only be suspended in accordance with the Board’s
Suspension and Expulsion Policy.
Suspension:
The administrator or designee may suspend a student from the school for not more than ten school days. If
at the time a suspension is imposed there are fewer than ten school days remaining in the school year in
which the incident that gives rise to the suspension takes place, the principal may require the student to
participate in a community service program or another alternative program for a number of hours equal to
the remaining suspension period. The student shall be required to begin the program during the first full
weekday of the summer break. A principal may not apply the remaining suspension period to the following
year.
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Except in the case of a student given an in-school suspension, no student shall be suspended unless prior to
the suspension the administrator does both of the following:
(1) Gives the student written notice of the intention to suspend the student and the reasons for the
intended suspension;
(2) Provides the student an opportunity to appear at an informal hearing before the administrator or
designee and challenge the reason for the intended suspension or otherwise to explain the student’s
actions.
The School shall provide students an opportunity to complete any classroom assignments missed because
of an in-school or out-of-school suspension. Students shall be entitled to receive at least partial credit for
a completed assignment; however, reasonable grade reduction may be made on account of a student’s
suspension. The School shall not assess a failing grade for a completed assignment solely on account of
the student’s suspension.
Expulsion:
The superintendent may expel a student from the school for a period not to exceed the greater of eighty
school days or the number of school days remaining in the semester or term in which the incident that gives
rise to the expulsion takes place. If at the time an expulsion is imposed, there are fewer than eighty school
days remaining in the school year in which the incident that gives rise to the expulsion takes place, the
superintendent may apply any remaining part or all of the expulsion period to the following school year.
No student shall be expelled under this policy unless, prior to the student’s expulsion, the Superintendent
does both of the following:
(1) Gives the student and the student’s parent, guardian, or custodian written notice of the intention
to expel the student;
(2) Provides the student and the student’s parent, guardian, custodian, or representative an
opportunity to appear in person before the superintendent or superintendent’s designee to
challenge the reasons for the intended expulsion or otherwise to explain the student’s actions.
The notice required under this section shall include the reasons for the intended expulsion,
notification of the opportunity of the student and the student’s parent, guardian, custodian, or
representative to appear before the superintendent or superintendent’s designee to challenge
the reasons for the intended expulsion or otherwise to explain the student’s action, and
notification of the time and place to appear. The time to appear shall not be earlier than three
nor later than five school days after the notice is given, unless the superintendent grants an
extension of time at the request of the student or the student’s parent, guardian, custodian, or
representative. If an extension is granted after giving the original notice, the superintendent
shall notify the student and the student’s parent, guardian, custodian, or representative of the
new time and place to appear.
Unless a student is permanently excluded, the superintendent shall expel a pupil for a period of one year
for bringing a firearm to the school, to an extracurricular event, or onto any other property controlled by
the Board of Directors of the school. “Firearm” has the same meaning provided in the “Gun-Free Schools
Act,” a “firearm means (A) any weapon (including a starter gun) which will or is designed to or may readily
be converted to expel a projective by the action of an explosive; (B) the frame or receiver of any such
weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device, which includes a bomb
grenade, a rocket having a propellant charge of more than four ounces, a missile having an explosive or
incendiary charge of more than one-quarter ounce, a mine, or similar device. This definition would also
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include any weapon that will, or that may be readily converted to, expel a projectile by the action of an
explosive or other propellant, and that has a barrel with a bore of more than one half in diameter. The term
does not include an antique firearm. The superintendent may reduce the expulsion time on a case by case
basis based upon the student’s overall record at the school.
Permanent Exclusion
A student may be permanently excluded from attending any school in the state if the student is convicted
of, or adjudicated a delinquent child for, committing an act that would be a criminal offense if committed
by an adult, when the student was sixteen years of age or older if the act is one of the following:
• Illegal conveyance or possession of deadly weapon or dangerous ordnance or of object
indistinguishable from firearm in school safety zone in violation of R.C. 2923.11.
• Carrying a concealed weapon, trafficking in drugs or possession of controlled substances, if the
violation was committed on property owned or controlled by the school or at a school activity in
violation of R.C. 2923.12, R.C. 2925.03, and/or R.C. 2925.11.
• Aggravated murder, murder, voluntary manslaughter, involuntary manslaughter, felonious assault,
aggravated assault, rape, gross sexual imposition, or felonious sexual penetration in violation of
R.C. 2903.01, R.C. 2923.02, R.C. 2903.03, R.C. 2903.04, R.C. 2903.11, R.C. 2903.12, R.C.
2907.02, R.C. 2907.05, and/or the former section R.C. 2907.12 if the violation was committed on
property owned or controlled by the school or a school activity if the victim at the time of the
commission of the act was an employed at the school.
• Complicity in any of the above violations regardless of whether the act of complicity was
committed on property owned or controlled by, or at an activity held under the auspices of, the
school.
If the superintendent of the school obtains or receives proof that a student has been convicted of committing
or adjudicated a delinquent child for the commission when the student was sixteen years of age or older of
one or more of the above, the superintendent may issue to the school’s governing authority a request that
the student be permanently excluded from public school attendance in Ohio, if both of the following apply:
(1) After obtaining or receiving proof of the conviction or adjudication, the superintendent or the
superintendent's designee determines that the student’s continued attendance in school may
endanger the health and safety of other students or school employees and gives the student and the
student’s parent, guardian, or custodian written notice that the superintendent intends to
recommend that the governing authority adopt a resolution requesting the superintendent of public
instruction to permanently exclude the student from public school attendance.
(2) The superintendent or the superintendent's designee forwards to the governing authority the
superintendent's written recommendation that includes the determinations the superintendent or
designee made pursuant to this policy and a copy of the proof the superintendent received showing
that the student has been convicted of or adjudicated a delinquent child for a violation listed in this
section that was committed when the student was sixteen years of age or older.
The school shall follow all requirements for permanent exclusion as described by ORC 3313.66, including
providing notice of the possibility of permanent exclusion with each suspension and expulsion notice.
Emergency Removal:
If a student’s presence poses a continuing danger to persons or property or an ongoing threat of disrupting
the academic process taking place either within a classroom or elsewhere on the school premises, the
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superintendent or principal or assistant principal may remove a student from curricular activities or from
the school premises or a teacher may remove a student from curricular activities under the teacher’s
supervision without the notice and hearing requirements of this policy. A teacher may remove a student
from curricular activities under the teacher's supervision, without the notice and hearing requirements. As
soon as practicable after making such a removal, the teacher shall submit in writing to the principal the
reasons for such removal.
If a student is removed under this Emergency Removal section from a curricular activity or from the school
premises, written notice of the hearing and of the reason for the removal shall be given to the pupil as soon
as practicable prior to the hearing, which shall be held on the next school day after the initial removal is
ordered. The hearing shall be held in accordance with suspension provisions of this policy unless it is
probable that the student may be subject to expulsion, in which case a hearing in accordance with the
expulsion provisions of this policy shall be held, except that the hearing shall be held on the next school
day after the date of the initial removal. The individual who ordered, caused, or requested the removal to
be made shall be present at the hearing.
A student in grades kindergarten through three may be removed pursuant to Emergency Removal
procedures only for the remainder of the school day and shall be permitted to return to curricular and extra-
curricular activities the following school day. A student in grades kindergarten through three subjects to
emergency removal shall not be suspended or expelled unless the student has committed an act described
in ORC 3313.668 (B)(1)(a) or (b). A student that returns to school based on this paragraph shall not be
subject to the emergency removal hearing procedures.
If the student or the student’s parent, guardian, or custodian intends to appeal the expulsion or suspension
to the Board of Directors of the school or its designee, the student or the student’s parent, guardian, or
custodian shall notify the Board of Directors of the school in the manner and by the date specified in the
notice. The student or the student’s parent, guardian, or custodian may be represented in all appeal
proceedings and shall be granted a hearing before the Board of Directors of the school or its designee in to
be heard against the suspension or expulsion. At the request of the student or of the student’s parent,
guardian, custodian, or attorney, the Board of Directors of the school or its designee may hold the hearing
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in executive session but shall act upon the suspension or expulsion only at a public meeting. The Board of
Directors of the school, by a majority vote of its full membership or by the action of its designee, may
affirm the order of suspension or expulsion, reinstate the student, or otherwise reverse, vacate, or modify
the order of suspension or expulsion. The Board of Directors of the school or its designee shall make a
verbatim record of hearings held under this division. The decisions of the Board of Directors of the school
or its designee may be appealed under Chapter 2506 of the Ohio Revised Code.
This policy shall not be construed to require notice and hearing in the case of normal disciplinary procedures
in which a student is removed from a curricular activity for a period of less than one school day and is not
subject to suspension or expulsion.
For purposes of this policy, the Board of Directors appoints the Operator as its designee.
After a child with a disability has been removed from the child’s current placement for ten (10) school days
in the same school year, during any subsequent days of removal, the school must provide services.
If a child is removed for a period of time exceeding ten (10) school days and the behavior was not
determined to be a manifestation of the disability, the student must continue to receive educational services
and receive a functional behavioral assessment and behavioral intervention services.
Change in Placement
The school will notify the parent of the removal decision that constitutes a change in placement for a student
with a disability and provide the parent with a copy of the notice of procedural safeguards on the same day
as the date of the removal decision.
Manifestation Determination
Within ten school days of any decision to change the placement of a child with a disability due to a violation
of the code of student conduct, the school, parent, and relevant members of the IEP team must review all
relevant information in the student’s file to determine:
1. If the conduct in question was caused by, or had a direct and substantial relationship to the
child’s disability or
2. If the conduct was a direct result of the school’s failure to implement the IEP.
If either of these two conditions are found to exist, the conduct must be determined to be a manifestation
of the disability.
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If the IEP team and other qualified personnel determine that the student’s behavior was not related to the
disability, the relevant disciplinary procedures applicable to students without disabilities may be applied to
the student in the same manner in which they would be applied to students without disabilities.
If the IEP team determines that the student’s behavior was a manifestation of the disability, the school must
either:
1. Conduct a functional behavioral assessment, or,
2. If the behavioral plan has already been developed, review the behavioral intervention plan and
the implementation plan, and modify them if necessary.
a. The child must return to the placement from which the child was removed unless the
parent and the school district agree to a change of placement as part of the modification
of the behavioral intervention plan.
School personnel may remove a student to an interim alternative educational setting for not more than forty-
five school days without regard to whether the behavior is a manifestation of the disability if the student:
1. Carries a weapon to or possesses a weapon at school, on school premises, or to a school
function;
2. Knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance
while at school, on school premises, or at a school function; or
3. Has inflicted serious bodily injury upon another while at school, on school premises, or at a
school function.
Students removed under this section must continue to receive services and receive a functional behavioral
assessment and behavioral intervention services.
Appeals
If a parent disagrees with any decision regarding placement or the manifestation determination decision
made by the IEP team, the parent may request a hearing. Whenever a hearing is requested, the school will
comply with the procedures for an expedited due process hearing.
Voluntary Withdrawal
Parents withdrawing students from School are asked to give the school at least one week’s notice. The
School requests that parents use the Withdrawal Form available from the School Office to provide
notification of the new school the student will be attending. This signed form gives official notice of the
child’s withdrawal. Records will not be released until a Release of Information form is completed by the
legal parent or a request for records is received from a subsequent school. In addition, all outstanding fees,
academic records, or obligations must be met, including the return of all textbooks/electronics.
III. Academics
A. Curriculum
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The school provides a high-quality standards-based curriculum using an inquiry model to enable the
students to meet individualized goals and prepare for their lives after elementary school. The school shares
the student progress with parents and provides an explanation of the results to parents during the school
year.
Assessment is an ongoing evaluation of student progress at all grade levels and in all courses. Classroom
assessment occurs daily and includes such strategies as observations, oral presentations, reports, role-
playing, reviews, projects, homework, quizzes, and tests. In addition, grades K through 3 will complete
diagnostic assessments, and grades 3 through 8 will complete required state testing. Nationally normed
assessments will also be administered for grades K through 8. These assessments are mandatory for all
students.
State law requires that each school district in Ohio assess reading skills for students in kindergarten, first,
second and third grades by September 30th of each year to determine whether they are reading at grade
level. If a student is not reading at grade level, the school will notify the parent or guardian and the school
will provide intervention services to improve the student’s reading performance. If the student does not
attain the required level of reading competency by the end of third grade, he/she must be retained. A copy
of the complete Reading Skills Assessments and Interventions Policy, including information regarding the
midyear promotion of retained students, is available from the administrator.
C. Make-Up Work
When an excused absence occurs, students are responsible for making up the assignments that are missed.
The teacher will assign make-up work and set a date for completion, which shall be the same number of
days as the corresponding absence. Assignments not completed will result in failing grades.
In the event of a planned excused absence, the school must be provided with three or more days of advanced
notice for teachers to provide class assignments. Students must return completed assignments within two
days of returning to school.
It is strongly suggested that absences not occur during state testing week(s).
D. Report Cards
Report cards are sent to the home through the mail, given directly to the parent, or sent home with the
student for each grading period (four times a year). See the school calendar for these dates. Please check
with the administrator to learn what distribution method is used at the school.
Copies of all report cards are placed into the student’s cumulative file.
Kindergarten students will receive a report card at the conclusion of the second and fourth grading period.
Kindergarten students will receive an Interim Report at the conclusion of the first and third grading period.
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The grading scale, K-8, is as follows:
90%-100% A
80%-89% B
70%-79% C
65%-69% D
64% and below F
Formal parent-teacher conferences are conducted at least once a year. Conference dates are specified in the
school calendar. Conference schedules will be issued through the school office but arranged by each
student’s teacher. Once a conference date and time have been arranged, parents should contact the student’s
teacher if a change is necessary. Parents may request conferences throughout the year.
Parent-teacher conferences are a focal point in student evaluation and reporting to the parents. This is a
two-way avenue for both parents and teachers and may be initiated by either party as needed.
F. Open House
Open house will be held during the month of September or October. Parents will be notified of the exact
dates and are encouraged to attend.
School days and vacations are provided in the school year calendar.
B. Illness
Parents are encouraged to examine their child each morning before sending him/her to school to see if any
signs or symptoms of illness are present.
If a student is ill, please keep the student at home and notify the school of the absence. Should a condition
persist, the student’s physician should be consulted. Parents are urged to establish children with a physician
so that one can be promptly called when the need arises. Cooperation in the communicable disease program
will be greatly appreciated. Students should not return to school until a 24-hour period of a normal
temperature has elapsed. All guidelines on COVID-19 prevention must be followed.
Parents should not call the school for the delivery of messages to children, except in cases of emergency.
Students may give the school’s phone number to relatives for emergency purposes only. The main office
will take a message and forward it to a student as soon as possible.
Students are not permitted to use school phones without approval from school personnel.
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D. Early School Dismissal
Occasionally, weather conditions or other building emergencies may arise that necessitate sending students
home earlier than the regular dismissal time. Every possible effort will be made not to make such a closing.
In case of closing, every effort will be made to contact the parents under these conditions. It will be
necessary for the parent to arrange procedures (such as stay with a neighbor, friend, relative, etc.) for their
child to follow in case there is no one home to meet him/her. Parents should make these arrangements
beforehand and instruct the child on what he/she is to do. The school cannot make any such decisions.
Should it be necessary to close the school for weather or other unforeseen emergencies, information will be
given over radio and television stations. Usually, if the city school district in which the school is located is
closed, the school will also close; however, this is not always the case. Consequently, parents are asked to
monitor their television or radio to be certain. Primary contacts receive automated phone calls to alert of
the school closing.
For the sake of order and safety, parents coming to drop off or pick up their children are to park in designated
areas only. The school will give traffic, parking, and bus information before the opening of school.
G. Breakfast / Lunch
Families needing financial assistance may apply for free or reduced breakfast/lunch fees through the school
office. Information for the free and reduced breakfast/lunch program is sent home early in the school year
and the forms are available throughout the year in the school office. Note: it is the responsibility of the
parent to see to it that their child is provided lunch or to notify the school of qualification for free or reduced
lunch.
Some ACCEL schools participate in the Community Eligibility Provision (CEP) food program. Students
at schools participating in the program may receive breakfast and/or lunch at no cost to the family.
H. Recess
When scheduled, students are expected to participate in outdoor recess activities during the school day –
weather permitting. If a student is too sick to go outside for recess, the student should not be in school.
Parents must ensure that the student has the appropriate clothing with him/her for outdoor activities. Coats,
hats, and gloves should be worn as recess will be outside unless the temperature is 32 degrees or less (actual
or wind chill).
I. Textbooks
Students are expected to take care of and are responsible for the textbooks assigned during the school year.
Parents will be responsible for paying a replacement fee for lost or damaged books. The student’s academic
records will not be released until payment of the replacement fee is settled.
J. Money
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All money turned into the school should be in an envelope marked with the child’s name, grade, amount,
and purpose. The children are not to bring additional money to the school. The school will not be
responsible for any money brought to the school.
Any personal items that have been left at the school will be taken to the main office. If students find personal
items that belong to others, they should turn the items into the main office as soon as possible. The school
is not responsible for lost money, jewelry, phones, or other personal items.
Many clothing items find their way into the lost and found containers. Parents are encouraged to have their
children request permission to look for missing items. Many good clothing items are never claimed and are
given to various charitable organizations as space permits.
Money, jewelry, and other personal items may be turned in at the office. Students should ask permission
from their teacher to come to the office to claim any such items.
L. Student Photographs
School pictures will be taken in the fall of each school year. Parents/Guardians will be offered a package
of individual and class photographs through the photography company. All students will be photographed
whether or not a package is purchased unless the parent sends a written refusal.
M. Visitors
Visitors are required (for the safety and security of everyone) to report to the school office before their visit
to a classroom or other parts of the building. All visitors must sign in upon arrival, sign out before leaving
the building, and wear a visitor’s identification badge while in the building. Visitors are not to approach
students and should always be escorted by a staff member while in the building.
All visitors must pre-arrange, through the office, any meetings or visits with the teacher or classroom. The
length and repetition of visits shall be determined by the school administrator to be in the student’s and the
school’s best interest.
Visitors are asked not to attempt an impromptu parent-teacher conference, particularly while students are
in the classroom.
The school reserves the right to deny access to anyone, including parents, to the school facility and grounds.
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N. Volunteer Program
Parents and members of the community may be asked or wish to give of their time in the form of
volunteering. Information regarding these opportunities will be forwarded to the parents as appropriate.
This is a wonderful opportunity to become more involved with the child’s school.
Please note: Recurring volunteers will be required to comply with the school’s background check policies.
O. Field Trips
Field trips may be conducted throughout the school year and are correlated with students’ educational
experiences within the classroom. Parental permission slips are required for a student to participate.
Without a signed permission slip, the student will not be able to participate in the field trip. In addition, an
Emergency Medical Authorization Form must be on file at the school before a student may participate.
Teachers may request parents/guardians to assist in organizing and chaperoning field trips.
Please note: To be considered as a chaperone, it is required that you obtain a BCI/FBI check with no
disqualifying offenses prior to participating in any school activity.
P. Classroom Parties
Parties may be scheduled for special holidays and/or special occasions. The classroom teacher will
coordinate and communicate dates, times, and procedures for such events. Each classroom teacher will
establish a party policy for his/her individual classroom. Parental requests for parties will be approved or
denied by the classroom teacher. Any request for a child not to participate in any/all such parties or
activities should be in writing and forwarded to the teacher ahead of time.
Q. Cell Phones
The school understands that students come to school with cell phones for a variety of reasons. Students
who have phones at school must not have them out during class nor may they disrupt class order or
instruction. If the student does not comply with a request to put the phone away or to turn it off, the phone
will be taken to the office and locked in the safe until the parent can come to retrieve it.
Please Note: The school is not responsible for the cost, usage, or replacement of lost, damaged, or stolen
cell phones that are brought to the school whether confiscated by staff or in possession of a student.
Students are not allowed to bring personal items to school. To avoid disruption of the educational process,
currently popular items such as trading cards, electronic games and action figures are to be left at home.
Such articles will be taken and returned only to the parent or the law authorities if deemed prudent to do so
by the building administrator. Except for approved fundraisers, students are not permitted to sell or trade
anything among themselves at school, on the school grounds or the bus. This includes food from lunches.
Pets should never be brought to school without prior permission of the administrator. Further, items should
not be brought in glass jars because of the danger of breakage (e.g., lunch items).
Please Note: The school is not responsible for replacement of lost, damaged, or stolen items brought to
school.
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S. Stolen Items
The school is not responsible for stolen personal items, including cell phones, even if turned over to school
personnel.
All lockers, desks and other storage areas provided to the student for use remain the property of the school.
The student has no expectation of privacy in any storage area assigned to them. No student shall lock or
otherwise impede access to any locker or storage area, except with a lock (if any) approved and provided
by the school. Unapproved locks will be removed and destroyed with no compensation. Upon
authorization of the building administrator, personal storage areas may be searched at any time for any
reason.
Upon authorization of the search team, including the administrator or designee, backpacks, desks, and other
personal storage areas may be searched at any time for any reason. The search team may at any time, with
reasonable suspicion, call upon the assistance of the local police authorities to conduct a search of
backpacks, desks, and other personal storage areas, and the contents contained therein, as provided in the
Search Policy attached as Appendix 2.
In accordance with Ohio law, parents and guardians of minor children, adult students, faculty and staff who
are enrolled or employed at the school may request and receive prior notifications of the applications of
pesticides that are scheduled for a time when school is in session. All such requests shall include the
requesting party’s email address or telephone number and shall be submitted to the school administrator at
the school office. The school administrator is designated as the contact person for all pesticide applications
made at the school.
Additionally, pesticide logs shall be available for inspection at the school office during normal school hours.
Said logs shall be retained for one year following the date of the pesticide application.
This Policy shall not apply to disinfectants, sanitizers, germicides, and anti-microbial agents.
The building doors are locked during the school day. Entrance to the building is by office permission.
Closed circuit cameras cover all entrances and are placed at strategic locations throughout the building.
A. Reporting Injuries
If a student is injured at the school, he/she must immediately report the injury to school personnel. The
main office will complete an injury report and will provide a copy of the report to the parents/guardians as
notice of the incident.
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B. Health Clinic
When available, the school nurse or health aide handles all first aid; otherwise, first aid issues will be
handled by other school personnel. All students are required to have an Emergency Authorization Form on
file at the school. These forms will be used in case there is a medical emergency or illness.
Each parent is asked to complete and return to the school an Emergency Medical Authorization Form,
which will be included in the student’s cumulative record folder. Parents are responsible for ensuring that
this authorization form includes the necessary information the school must have should an emergency arise.
It is extremely important that this authorization form is fully completed and updated as medical needs
change.
D. Medication Administration
Per Ohio Revised Code Section 3313.716 students are permitted to possess and use a metered dose or dry
powder asthma inhaler to alleviate or prevent asthmatic symptoms at the school.
Per Ohio Revised Code Section 3313.718(B) and 3314.03(A)(11)(d) students are permitted to carry and
use an epinephrine auto-injector to treat anaphylaxis (an intense allergic reaction). In order for a student
to properly possess or use an epinephrine auto injector at the school written approval from the student’s
physician and parent must be signed and received by the school.
For medications asthma inhalers and epinephrine auto injectors, written approval by the student’s
physician must include all information as detailed herein below or as indicated on the Food Allergy Action
Plan, if applicable. If a student has a serious food allergy, the parent must complete a Food Allergy Action
Plan.
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Should any information regarding the medication change, the parent must submit a revised written
statement. All medications must be in the prescribed container.
The school shall acquire and retain copies of each request and accompanying statement. The statement
shall be given to the employee authorized to administer the drug by the next school day after receipt.
The school shall store the medication in a locked location in the school office or other location as
determined by School personnel that meets legal requirements for storage. Any drugs that require
refrigeration shall be stored in a refrigerator located in a place not commonly used by students.
Properly trained school staff may administer epinephrine in an emergency situation, in accordance with
the Written Approval and/or the student’s Food Allergy Action Plan when emergency medical service
providers are not immediately available, and the exigency of the circumstance requires immediate action.
School staff will immediately request assistance from an emergency medical service provider whenever a
student is administered epinephrine at the school or at an activity, event, or program sponsored by the
school. This request for medical assistance applies whether the student self-administers the medication,
or a school staff member administers it to the student.
All students enrolled in the school will receive appropriate and needed diabetes care in accordance with an
order signed by the treating physician. The care includes any of the following:
1. Checking and recording blood glucose levels and ketone levels, or assisting the student with
the check
2. Responding to blood glucose levels outside of the student’s target range
3. Administering glucagon or other prescribed emergency treatment during a case of severe
hypoglycemia
4. Administering or assisting in the administration of insulin
5. Providing oral diabetes medication
6. Understanding schedules and food intake for meals and snacks to calculate medication dosages
pursuant to the physician’s order
7. Following the physician’s instructions regarding meals, snacks, and physical activity
8. Administering diabetes medication as long as the following conditions are met:
a. Administered by a school nurse, or in the absence of a school nurse, an employee
trained in diabetes care.
i. Any training shall be coordinated by a school nurse or a licensed health
care professional with expertise in diabetes;
ii. Each year the training shall take place prior to the beginning of the
school year, or as needed, not later than fourteen days after receipt of a
physician’s order;
iii. Any individual who completes the required training shall be considered
by the Board as qualified to administer diabetes care.
iv. The school nurse or licensed health care professional shall provide
follow up training and supervision.
b. The school receives a written request with the following information:
i. The name and address of the student
ii. The school and class in which the student is enrolled
iii. The name of the drug and the dosage to be administered
iv. The times or intervals at which each dosage of the drug is to be administered
v. The date the administration of the drug is to begin
vi. The date the administration of the drug is to cease
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vii. Any severe adverse reactions that should be reported to the prescriber and one
or more phone numbers at which the prescriber can be reached in an
emergency
viii. Special instructions for administration of the drug, including sterile conditions
and storage
c. The parent agrees to submit a revised statement upon any changes.
d. The person administering the drug has a copy of the statement.
e. The medication is in the prescribed container.
Within fourteen days of receipt of a physician’s order regarding a student with diabetes, the Board or
Governing Authority shall inform the student’s parent that the student may be entitled to a 504 plan.
Upon written request of a parent, a student with diabetes shall be permitted to attend to his/her own care in
accordance with the physician’s order if the student’s treating physician determines the student capable of
performing the tasks. The student shall be permitted to perform the care tasks in any area and to possess all
necessary supplies and equipment. If the student uses the medical equipment for purpose other than the
student’s own care, the Board may revoke the student’s permission to attend to his/her own care.
The School, members of the Board, and employees of the School are not liable in damages in a civil action
for injury, death, or loss to person or property allegedly arising from providing care or performing duties
associated with diabetes care unless the act or omission constitutes willful or wanton misconduct.
No later than the last day of December of each year, the Board shall report to the Ohio Department of
Education, the following information:
If a student has a serious food allergy, the student and his/her parent must complete a Food Allergy Action
Plan.
Screening for the students will be conducted in accordance with state guidelines. The school nurse will
notify the parent of the results. Any conditions discovered that might impede the student’s health or school
progress will be brought to the parent’s/guardian’s attention by the school nurse.
Staff and Students shall wear eye protection which complies with Federal and State standards when
working in areas involving:
- flying particles
- molten materials
- acids, caustic, or explosive materials
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- chemical oases or vapors
- potentially injurious light radiation
- welding, milling, sawing, drilling, turning, shaping, cutting, grinding, buffing
H. Wellness Program
In light of the Child Nutrition and Women, Infants, and Children (WIC) Reauthorization Act of 2004 by
Congress, the school recognizes the role it can play in building nutrition knowledge and skills in students
to promote healthy eating and physical activity choices. This law requires local education agencies
participating in a program authorized by the National School Lunch Act or the Child Nutrition Act of 1966
to develop a local wellness policy. The passing of the Healthy, Hunger-Free Kids Act of 2010 added
provisions to expand upon the previous local wellness policy requirement of the 2004 Act. The school
supports student health and wellness. For further information regarding the Wellness Policy, refer to the
Board of Director’s Board Policy Manual.
When any staff member suspects abuse or neglect, he/she will first notify the building administrator. The
staff member will then call the local reporting agency in the presence of the administrator. The staff member
will document the notification. All reports are to be confidential. For further information regarding
reporting of child abuse or neglect, refer to the Board of Director’s Board Policy Manual.
As more fully outlined in the school’s Technology and Internet Safety Policy attached as Appendix 2 to
this handbook, the use of technology is a privilege and an important part of the school’s overall curriculum.
The school will, from time to time, make determinations on whether specific uses of technology are
consistent with school policies for students and employees of the school but does not warrant that the
technology resources will meet any specific requirements of the student or other users, or that it will be
error-free or uninterrupted. The school always reserves the right to monitor and log technology use, to
monitor file server space utilization by users, and examine specific network usage (as may be deemed
necessary) for maintenance, safety or security of the technology resources or the safety of the user.
By signing the Parent/Student Contract Page at the end of the Parent/Student Handbook, the parent
and student agree:
• To abide by all school policies relating to the use of technology;
• To release all school employees from any and all claims of any nature arising from the use or
inability to use the technology;
• That the use of technology is a privilege; and
• That use of the technology will be monitored, and there is no expectation of privacy whatsoever in
any use of the technology.
The parent/student further agrees and understands that the student may have his/her privileges
revoked or other disciplinary actions taken against him/her for actions or misuse such as, but not
limited to, the following:
• Altering system technology, including but not limited to, software or hardware;
• Placing unauthorized information, computer viruses or harmful programs on or through the
computer system in either public or private files or messages;
• Obtaining, viewing, downloading, transmitting, disseminating, or otherwise gaining access to or
disclosing materials the school believes may be unlawful, obscene, pornographic, abusive, harmful
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to minors or otherwise objectionable;
• Using technology resources for commercial, political, or other unauthorized purposes – the school
technology resources are intended only for educational use;
• Intentionally seeking information on, obtaining copies of, or modifying files, other data, or
passwords belonging to other users;
• Disrupting technology through abuse of the technology, including but not limited to, hardware or
software;
• Malicious uses of technology through hate mail, harassment, bullying, profanity, vulgar statements,
or discriminating remarks;
• Interfering with others’ use of technology;
• Installation of software without consent of the school;
• Violating the conditions of federal and Ohio law dealing with students and employees’ rights to
privacy;
• Violating copyright laws by illegally downloading or installing music, any commercial software,
shareware, or freeware;
• Damaging any technology devices;
• Allowing anyone else to use an account other than the account holder; and
• Other unlawful or inappropriate behavior.
The parent and student also acknowledge and agree that the student is solely responsible for the use of
his/her accounts, passwords, and/or access privileges, and that misuse of such may result in appropriate
disciplinary actions (including but not limited to suspension or expulsion), loss of access privileges, and/or
appropriate legal action.
The parent and student must also know and further agree that:
• Should the user transfer a file, shareware, or software that infects the technology resources with a
virus and causes damage, the user will be liable for any and all repair costs;
• The user will be liable to pay the cost or fee of any file, shareware, or software transferred or
downloaded, whether intentional or accidental;
• Should the user intentionally destroy information or equipment that causes damage to technology
resources, the user will be liable for any and all costs; and
• Violation of the Internet Usage Policy is also a violation of the school Code of Conduct and may
result in other disciplinary action, other than those specifically set forth above, including but not
limited to suspension or expulsion.
As more fully set forth in the school’s Policy on Harassment, Intimidation and Bullying, including by an
electronic act, and attached as Appendix 1 to this handbook, harassment, intimidation, or bullying behavior
is strictly prohibited, and students who are determined to have engaged in such behavior are subject to
disciplinary action, which may include counseling, suspension, or expulsion from school. The school’s
commitment to addressing harassment, intimidation, and bullying, however, involves a multi-faceted
approach, which includes education and the promotion of a school atmosphere in which this behavior will
not be tolerated by students, faculty or school personnel.
It is imperative that harassment, intimidation, and bullying be identified only when the specific elements of
the definition are met, because the designation of the conduct of such behavior carries with its special
statutory obligations. Any misconduct by one student against another student or staff, whether or not
appropriately defined as harassment, intimidation, or bullying will result in appropriate disciplinary
consequences for the perpetrator.
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L. Prohibited Gang Activity
Students are prohibited from engaging in gang activities while at school, on school property, to or from
school, or at a school-related function or event whether at the school or outside of the school facility, and
on the Internet. Any student who violates this policy will be subject to disciplinary action, up to and
including expulsion from school.
The term “gang” is defined as any non-school sponsored group of students with secret and/or exclusive
membership, whose purposes or practices include unlawful or anti-social behavior as well as actions that
threaten the welfare of others
These activities may include things such as recruiting students for membership in a gang and threatening
or intimidating other students or staff against their will to promote the common purpose and design of any
gang.
M. Drug-Free School
In accordance with applicable law, the school prohibits the use, possession, concealment, or distribution of
drugs by students on the school grounds, in the school building, on school buses, or at any school related
event. Drugs include any alcoholic beverage, an anabolic steroid, and any dangerous controlled substance
as defined by state or federal statute, or any substance that could be considered a “look alike” controlled
substance. Compliance with this school policy is mandatory for all students. Any student who violates this
policy will be subject to disciplinary action as specified in this Parent/Student Handbook, up to and
including expulsion from the school. When required by state law, the school will also notify law
enforcement officials.
N. Weapon-Free School
No student at any time, for any reason shall possess, handle, transmit, or use any object, which can be
reasonably considered a weapon or considered a “look-alike” weapon in or on property of the school, school
bus, or any school-sponsored activity held away from the school property. Possession of a weapon may
result in immediate expulsion and involvement of local law enforcement.
• A weapon is anything that is commonly used or designed to hurt someone or to put someone in fear
(examples: guns, knives, knuckles, clubs, box-cutters, etc.).
• A dangerous instrument is anything that although not specifically designed to hurt someone, can
be used to hurt someone, or put someone in fear (examples: belts, combs, compasses, etc.).
• An explosive is any substance that can potentially generate a release of mechanical or chemical
energy (examples: firecrackers, cherry bombs, gun shells, etc.).
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• Any object that closely resembles a weapon or explosive and could put persons in fear for their
safety is included in this category (examples: starter pistols, pellet guns, toy guns, smoke bombs,
etc.).
Firearm has the same meaning as provided under the “Gun Free Schools Act of 1994.” At the time this
policy was adopted, the above-referenced statute defined a firearm as any weapon (including a starter’s
gun) which will or is designed to or can readily be converted to expel a projectile by the action of an
explosive, the frame or receiver of any such weapon, any firearm muffler or silencer; or any destructive
device. If the definition of a firearm as provided by the “Gun Free Schools Act of 1994” changes, then the
definition outlined in this policy shall automatically change to conform to it.
Knife is defined as a cutting instrument consisting of a sharp blade or edge, not to include scissors, wire
cutters or other similar tools determined by the administrator to be necessary for the school setting at a
particular building or grade level, if used only for the necessary purpose.
A. Current Information
To ensure student records are up-to-date parents must inform the school of address, telephone (home/work),
and legal custody changes as they occur during the school year.
The school secretary will request student records from the previous school(s) upon completion of
enrollment. Pursuant to the Ohio Revised code, the requested records must be received within fourteen (14)
days. If the records are not received within fourteen (14) days or if the previous school indicates there are
no records, the local law enforcement agency will be notified regarding the possibility that the student may
be a missing child. All fees are due at the time of record release.
While FERPA permits schools to adopt a policy allowing the release of Directory Information
Policy under which “directory information” concerning students may be released to the public
under certain circumstance, schools are not required to do so. Whereas the school has not adopted
such a policy, the school’s practice in compliance with FERPA is not to release education records
or personally identifiable information in the absence of explicit consent from a parent or student
over the age of eighteen.
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D. Audio-Visual Information
The school recognizes the value of audio-visual and other types of electronic communication in providing
students with an effective education. In communicating school-related activities, opportunities exist to
photograph and videotape students and their work in a variety of activities. However, individual student
records (academic, behavioral) will not be disclosed. Communications may include school newsletters,
local newspapers, community access cable channel, school-sponsored web pages, marketing materials and
other publications. Highlighting the achievements and celebrating student successes in school is an integral
part of the reporting responsibility to the community. The school will, however, respect parents’ wish for
privacy in this area. Parents should call the school with any questions or concerns. Parents may also notify
the school in writing if they prefer that the school not use their student’s name, picture or work product for
presentations or other uses.
Access to records will be in accordance with the Family Educational Rights and Privacy Act (FERPA) of
1974 as pertaining to release of records. In compliance with FERPA, parents have the right to inspect and
request corrections to student records. Parents are required to submit their request to inspect student records
in writing to the administrator to allow him/her to schedule a reasonable and appropriate time and date for
the parent to present their case. Records will be provided for parental inspection only under the direct
supervision of administrator or his/her designee. The school must comply with the parent’s request for
inspection within forty-five (45) days.
Parents have the right to request corrections to student records. Requests for corrections must be submitted
in writing to the administrator in a letter that includes the basis for such correction. Parents have the right
to a response to reasonable requests for explanations and interpretations of the records. Parents also have a
right to obtain copies of the records or make other arrangements where circumstances would effectively
prevent the parent or student from exercising the right to inspect.
Release or inspection of student records will be handled in accordance with the Board of Director’s Student
Records Policy.
Parents have the right to file a complaint with the Ohio Department of Education if they think that the
school or the school district their student previously attended is not complying with the federal laws or
regulations regarding student records.
The school will only give access to or release records to parents who have a legal right to the records of
their child. If a parent has ever been to court for custody, those court documents must be on file with the
school. Both custodial and non-custodial parents have equal access to the following unless there is a court
order to the contrary:
• Cumulative file (including the enrollment file, academic file, vocational file, Title One file, and
graduation file);
• Health records;
• Psychological records;
• Parent conferences and lab observations.
Only the custodial parent can have access to Due Process where the child is classified as being handicapped,
and only the custodial parent can make decisions about the child.
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The stepparent does not have access to the stepchild’s records unless the stepparent has adopted the child,
the natural parent has given power of attorney, or the natural parent himself/herself shows the record to the
stepparent.
Description of Intent
The school follows a philosophy of continuous improvement and honest, objective data analysis. This
philosophy requires well-planned and sometimes independent research efforts to determine the
effectiveness of the school’s programs and strategies. From time to time, the school will collect and analyze
student performance data and various measures of effectiveness. Families may also be asked to participate
in surveys or focus groups. Such research shall always be undertaken ensuring student privacy is protected
and in compliance with the PPRA. For example, the names of the student, parent, and family members will
not be revealed, and results will only be reported in the aggregate or by sub-groupings of sufficient size so
that anonymity of the participants is safeguarded.
Notification Procedures
The school will work to develop and adopt policies regarding these rights in consultation with parent. The
school will also work to make arrangements to protect student privacy in the administration of Protected
Information Surveys and the collection, disclosure, or use of personal information for marketing, sales, or
other distribution purposes.
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The school will directly notify the parent of these policies annually in this PPRA Notice or after any
substantive changes. The school will also directly notify by U.S. mail, e-mail, or other reasonably available
method, the parents of students who are scheduled to participate in the specific activities or surveys
described in this PPRA Notice and will provide an opportunity for the parent to opt students out of
participation in the specific activity or survey. The school will make this notification to parents near the
beginning of the school year if it has identified the specific or approximate dates of the activities or surveys
at that time. For surveys and activities scheduled after the school year starts, the parent will be provided
reasonable notification of the planned activities and surveys covered by the PPRA and will be provided an
opportunity to opt their students out of such activities and surveys. The parent will also be provided an
opportunity to review any pertinent surveys. The following is a list of the specific activities and surveys
covered under this requirement:
• collection, disclosure, or use of personal information for marketing, sales, or other distribution
• administration of any Protected Information Survey funded in whole or in part by U.S. Department
of Education
• any nonemergency, invasive physical examination, or screening as described above in the Rights
Afforded by the PPRA
Where a student is scheduled to participate in these activities, the student will be notified as described
above.
Reporting a Violation
The parent/or student who believes his/her rights have been violated may file a complaint to the following:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-5901
School districts across the State of Ohio are also participating in this effort to identify disabilities such as
hearing impairments, visual impairments, speech or language impairments, specific learning disabilities,
emotional disturbances, multiple disabilities, cognitive impairments, physical impairments, autism,
traumatic brain injury, and other health impairments.
The school is committed to affording all children their right to a free and appropriate education, regardless
of any disability a child may have. However, to accomplish this, the school must know that a need is
present.
Parents, guardians, relatives, public and private agency employees, and concerned citizens are used to help
schools find any child, birth through age 21, who may have a disability and need special education and
related services. If you are aware of a child who may have special needs, please notify the school’s
administrator.
The school will contact the parents or guardians of the child to find out if the child needs to be evaluated.
Free testing is available to families to determine whether a special need exists. If a need is identified, the
child can begin receiving special education and related services.
33
VIII. Parents’ Right to Know Teacher Qualifications
A parent or guardian may request information on the professional qualifications of each classroom teacher
who provides instruction to the parent’s or guardian’s child. The information that may be requested
includes:
• Licensure and certification information
• Educational background
• Qualifications of instructional aides (if applicable)
• Provide a welcome packet for all parents visiting the school, including important school
contact information, school calendar and information about the vision and mission of the
school.
• Have teachers make personal contacts with families through e-mail, phone calls or home
visits.
• Hold an open house, prior to school opening, at which families can meet their children’s
teachers, tour the school building, and meet other families.
2. Provide families information related to child development and creating supportive learning
environments.
• Provide information for parents on typical development and appropriate parent and school
expectations for various age groups.
• Print suggestions for parents on home conditions and activities that support learning at each
grade level.
• Partner with local agencies to provide resources to families.
3. Establish effective school-to-home and home-to-school communication.
• Provide information for parents on homework policies and on monitoring and supporting
student work at home.
• Send home student work for parent review and comment.
• Allow access so families can frequently monitor their children’s progress.
• Clearly communicate school policies to all families.
• Establish formal mechanisms for families to communicate to administrators and teachers as
needed (e.g., phone numbers, e-mail addresses, weekly hours for families to call or meet).
• Create a “suggestion or comment” box (electronic or onsite) for families to anonymously
provide their questions, concerns and recommendations.
4. Strengthen families’ knowledge and skills to support and extend their children’s learning at home and
in the community.
34
• Provide training and materials for parents on how to improve children’s study skills or
learning in various academic subjects.
• Make regular homework assignments that require students to discuss with their families
what they are learning in class.
• Provide information on community resources and activities that link to student learning
skills and talents, including summer programs for students.
• Inform families of the high expectations and standards children are expected to meet in each
grade level. Provide ways for families to support the expectations and learning at home.
• Engage families in opportunities to work with their children in setting their annual academic
and career goals.
6. Connect students and families to community resources that strengthen and support students’ learning
and well-being.
X. Complaint Procedure
The Board of Directors (“Board”) believes that Complaints from parents or other members of the
community regarding school personnel should be addressed thoroughly and completely. The people
involved should treat one another with the highest level of respect and dignity.
Initially, Complaints shall be addressed formally or informally with the staff member. Complaints must be
made in a civil/respectful manner in order to be considered by school personnel. Where appropriate, the
Complaint should be in writing on a form developed by the Administrator and should contain a statement
of the facts and the specific outcome desired by the parent or other person making the Complaint
(“Complainant”). The Complainant may sign the Complaint and should be given a copy. The staff member
should work with the Complainant to resolve the issue in a timely, professional, and courteous manner.
The efforts used to resolve the Complaint and the outcome should be noted on the form. Allegations
involving illegalities should be reported immediately to the Administrator.
35
Complaints unresolved through a parent-staff member communication or Complaints involving teachers or
staff members should be in writing as noted above and directed to the Administrator. The Administrator
shall investigate and attempt to resolve the issue in a fair and timely manner. The outcome should be noted
on the form and further documented by letter or email as appropriate under the circumstances. If the
Administrator cannot resolve the issue with consultation with school advisors or consultants, the Complaint
(with documented history or preceding steps) is forwarded in written form to the Board of Directors and a
copy to the school’s legal counsel.
36
• Assisted in accessing transportation to the selected school
• Provided assistance in exercising the right to attend the school of his/her choice
• Serviced without being labeled as homeless by school personnel
• Provided the information in this policy in a manner and form understandable to the parent
or guardian, and if necessary, in the native language of the parent or guardian
• Assisted in the Dispute Resolution process as outlined herein
Eligibility:
A student may be considered eligible for services as a “Homeless Child” under the McKinney-
Vento Homeless Assistance Act if he or she is presently living:
• With other persons due to loss of housing, economic hardship, or a similar reason
(sometimes referred to as “doubling up”)
• In a shelter, temporary shared housing, or transitional living program
• In emergency or transitional shelters
• In a hotel/motel, campground, or similar situation due to lack of alternatives
• At a bus or train station, park, car, or abandoned building, public spaces, substandard
housing
• In a temporary or transitional foster care placement or awaiting placement
• Abandonment in hospitals
• A primary nighttime residence that is a public or private place not designed for, or
ordinarily used as, a regular sleeping accommodation for human beings
• Migratory students
Placement: The School shall make school placement determinations on the basis of the best
interest of the student. To the extent feasible, homeless students are kept in the school of origin
unless doing so is contrary to the wishes of the student’s parent or guardian or otherwise not in
the best interest of the student.
To the extent feasible, the School shall comply with a request made by parents regarding school
placement regardless of whether the student lives with the homeless parents or is temporarily
residing elsewhere.
Immediate Enrollment: Should a dispute arise over eligibility, school selection, or enrollment
the dispute resolution procedures shall be followed as provided herein and the student shall be
immediately enrolled during the pendency of the dispute and all appeals. Proof of residence,
birth certificate, immunization records, and other documentation cannot serve as a barrier to
enrollment in a school.
School Selection: The eligible student has the right to select from the following schools:
• The school he/she attended when permanently housed (School of Origin)
• The school in which he/she was last enrolled (School of Origin)
• The school in the attendance area in which he/she currently resides (School of
Residency)
37
Participation in Programs: Eligible students have a right to access all of the school’s programs
and services on the same basis as all other students, including special education, school breakfast
and lunch, and any extra-curricular activities.
Transportation: Any eligible student attending his/her School of Origin has a right to
transportation to and from the School of Origin.
Dispute Resolution: The student, parent or guardian has the right to appeal any School
determination of eligibility, school selection, or enrollment. The School Liaison will guide the
student, parent or guardian through the entire dispute resolution process. The School Liaison will
assist in both the local and state-level appeals process, if necessary. This includes recording
evidence that will be used to write an appeal if a parent, guardian or unaccompanied youth
cannot do so by him or herself and providing access to School materials, such as copiers and fax
machines.
Should a dispute arise over eligibility, school selection, or enrollment in a school the following
procedure is to be followed:
1. The School shall immediately enroll the child/unaccompanied youth in the school in
which he/she is seeking enrollment, pending resolution of the dispute, including all
appeals. Enrollment for these purposes is defined as attending classes and
participating fully in school activities.
2. Upon determination of eligibility, enrollment, or school selection, the School will
provide a written explanation of any decisions made to parents, guardians or
unaccompanied youth. The School should use Attachment 1 in order to capture all
relevant information. Regardless of what form is used, the written explanation should
be easy to understand and free of jargon. When appropriate, the School will translate
the decision into the recipient’s dominant language. At a minimum, the written
explanation of how the School reached its decision regarding eligibility, school
selection, or enrollment will include:
• A description of the action that the School proposed or refused
• An explanation of why the School proposed or refused the action
• A description of any other options the School considered
• The reasons why the School rejected any other options
• A description of any other factors relevant to the School’s decision and
information related to the eligibility or best interest determination. (This
includes the facts, witnesses and evidence relied upon and their sources.)
• Appropriate timelines to ensure any relevant deadlines are met
• Contact information for the School liaison and state homeless education
coordinator and a brief description of their roles
• Notice to the recipient of their right to file an appeal, including step-by-step
instructions of how to file an appeal
3. The School will refer the student, parent or guardian to the School Liaison who will
initiate the dispute resolution process as quickly as possible. The Liaison will make
sure that the Schools follows the dispute resolution process. The Liaison also must
ensure that unaccompanied youth receive the same rights to appeal the School’s
eligibility, school selection or enrollment decision as parents and guardians. The role
38
of the Liaison is to assist the student, parent or guardian through the duration of the
dispute resolution process. The process will be open and transparent among those
involved.
4. Following an appeal at the School level, if the student, parent or guardian still
disagrees with the determination, they may appeal to the Ohio Department of
Education. The School Liaison will forward all written documentation and related
documents to the state coordinator for Homeless Education at the Ohio Department of
Education. The School Liaison may use Attachment 2 to help capture all relevant
information. Upon receipt of any requested documentation, the state coordinator for
Homeless Education will investigate the dispute and request applicable
documentation. The Ohio Department of Education will make a decision within 15
school days from the receipt of all necessary materials. The Department will provide
the final decision to the School superintendent, building principal, School Liaison,
and parent, guardian or unaccompanied youth. All parties must immediately adhere to
the final determination.
Disclaimer: Parent-Student Handbook is based in significant part on policies contained in the Board Policy
Manual adopted by the Board of Directors. Those Board Policies are incorporated by reference into the
provisions of this Handbook. The Policies are periodically updated in response to changes in the law and
other circumstances. Therefore, there may have been changes to the policies provided in this Handbook
since it was printed and disseminated in July 2020. If anything in this Parent-Student Handbook conflicts
with a Board Policy, the Board Policy Manual shall supersede the Parent-Student Handbook. If you have
questions or would like more information about a specific policy or document, contact the School principal.
COVID – 19
By signing the contract page of this handbook, we acknowledge that we are aware that the symptoms of
COVID-19 may include fever, chills, muscle pain, cough, sore throat, shortness of breath/difficulty
breathing, and/or new loss of taste or smell (This list does not include all possible symptoms. CDC will
continue to update its website as we learn more about COVID-19. See
https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/symptoms.html). We acknowledge that if
my child/Student develops these symptoms or comes into contact with a person that is suspected/confirmed
of having COVID-19 that the parent/ guardian will immediately contact the School. We agree to support
and adhere to guidelines for safety. For updated information and resources regarding COVID-19, please
visit www.coronavirus.ohio.gov or https://www.cdc.gov/coronavirus/2019-ncov/index.html.
39
Parent/Student Handbook Contract
2022-2023
We have read and understand all the information contained in this manual including student code of
conduct, internet usage policy and related policies. We agree to abide by and support the school’s policies
and code of Conduct in the Parent – Student Handbook and all policies included in the Board of Director’s
Board Policy Manual.
Agreed to by:
_____________________________________________________________________________
Student’s Signature: Date:
_____________________________________________________________________________
Parent / Guardian’s Signature: Date:
40
Media Release
______________________________________________________________________
School
______________________________________________________________________
city/town/zip grade
______________________________________________________________________
Signature of parent or guardian date
41
Financial Policies
IT IS RESOLVED that the Family Educational Rights and Privacy Act (FERPA)
affords parents and students 18 years or older certain rights with respect to the student’s
education records. These rights include:
• The right to inspect and review the student’s education records.
• The right to request the amendment of the student’s education records that are
believed to be inaccurate and the right to a hearing if the request is not honored.
• The right to file a complaint with the U.S. Department of Education regarding the
alleged violation of FERPA.
1
IT IS FURTHER RESOLVED that the school shall comply as follows:
Article I
Purpose
The Privacy Law Policy of the the School has been established to set forth requirements
of the Department of Education, Revised Code and the Family Educational Rights
Privacy Policy Act (FERPA) of 1974, as amended, designed to protect the
privacy of student educational records. The law governs access to records
maintained by the school and the collection, use, storage, disclosure, retention and
destruction of information contained within these records.
Article II
Definitions
Article III
Notice to Parents
1. The school must give notice that is adequate to fully inform parents about the
requirements to ensure that the school complies with this rule related to protecting
the confidentiality of any personally identifiable information collected, used, or
maintained under Part B of IDEA. The notice shall include:
a. A description of the extent that the notice is given in the native languages
of the various population groups attending The school;
b. a description of the children on whom personally identifiable information
is maintained, the types of information sought, the methods The school
intends to use in gathering the information (including the sources from
whom information is gathered), and the uses to be made of the
information;
c. a summary of the policies and procedures that participating agencies must
follow regarding storage, disclosure to third parties, retention, and
destruction of personally identifiable information; and
2
d. a description of all of the rights of parents and children regarding this
information, including the rights under FERPA and implementing
regulations in 34 C.F.R. Part 99 (July 1, 2005).
2. Before any major identification, location, or evaluation activity, the notice must
be published or announced in newspapers or other media, or both, with circulation
adequate to notify parents throughout the area served by the school of the activity.
Article IV
Access Rights
1. The school must permit parents to inspect and review any education records
relating to their children that are collected, maintained, or used by the school
under this rule. The school must comply with a request without unnecessary
delay, and before any meeting, regarding an individualized education program
(IEP), or any hearing pursuant to rule 3301-51-05 of the Administrative Code or
resolution session pursuant to rule 3301-51-05 of the Administrative Code, and in
no case more than forty-five days after the request has been made.
2. The right to inspect and review education records under this rule includes:
3. The school may presume that the parent has authority to inspect and review
records relating to the parent’s child unless the agency has been advised that the
parent does not have the authority under applicable state law governing such
matters as guardianship, separation, and divorce.
Article V
Record of Access
The school must keep a record of parties obtaining access to education records collected,
maintained, or used under Part B of the IDEA (except access by parents and authorized
employees of The school), including the name of the party, the date access was given,
and the purpose for which the party is authorized to use the records.
Article VI
Records on More Than One Child
3
If any education record includes information on more than one child, the parents of those
children have the right to inspect and review only the information relating to their child
or to be informed of that specific information.
Article VII
List of Types and Locations of Information
The school must provide parents, on request, a list of the types and locations of education
records collected, maintained, or used by the school.
Article VIII
Fees
1. The school may charge a fee for copies of records that are made for parents under
this rule if the fee does not effectively prevent the parents from exercising their
right to inspect and review those records.
2. The school shall not charge a fee to search for or to retrieve information under
this rule.
Article IX
Amendment of Records at Parent’s Request
Article X
Opportunity for a Hearing
Article XI
Result of Hearing
1. If, as a result of the hearing, the school decides that the information is inaccurate,
misleading or otherwise in violation of the privacy or other rights of the child, it
must amend the information accordingly and so inform the parent in writing.
4
2. If, as a result of the hearing, The school decides that the information is not
inaccurate, misleading, or otherwise in violation of the privacy or other rights of
the child, it must inform the parent of the parent’s right to place in the records The
school maintains on the child, a statement commenting on the information or
setting forth any reasons for disagreeing with the decision of The school.
3. Any explanation placed in the records of the child under this rule must:
Article XII
Hearing Procedures
A hearing held under this rule must be conducted according to the procedures in 34
C.F.R. 99.22 (July 1, 2005). The records hearing shall be held within a reasonable period
of time after the school has received the request.
1. The parents shall be given notice of the date, time, and place reasonably in
advance of the hearing.
2. The records hearing shall be conducted by any individual, including an official of
the school who does not have a direct interest in the outcome of the hearing.
3. The parents shall be afforded a full and fair opportunity to present evidence
relevant to the content of the child’s education records and the information the
parent believes is inaccurate or misleading or violates the privacy or other rights
of the child.
4. The parents may, at their own expense, be assisted or represented by one or more
individuals of their choice, including an attorney.
5. The school shall make its decision in writing within a reasonable period of time
after the hearing.
6. The decision of the school shall be based solely upon the evidence presented at
the hearing and shall include a summary of the evidence and the reasons for the
decision.
Article XIII
Consent
5
c. identify the party or class of parties to whom the disclosure may be made.
a. Parental consent, or the consent of an eligible child who has reached the
age of majority under Ohio law, must be obtained before personally
identifiable information is released to officials of participating agencies
providing or paying for transition services in accordance with rule 3301-
51-07 of the Administrative Code.
b. If a child is enrolled, or is going to enroll in a nonpublic school that is not
located in the school district of the parent’s residence, parental consent
must be obtained before any personally identifiable information about the
child is released by The school officials to officials in the school district
where the nonpublic school is located and officials of The school.
Article XIV
Safeguards
Article XV
Destruction of Information
6
Article XVI
Children’s Rights
1. The school must have in effect policies and procedures regarding the extent to
which children are afforded rights of privacy similar to those afforded to parents,
taking into consideration the age of the child and type or severity of disability.
2. Under the regulations for FERPA in 34 C.F.R. 99.5(a) (July 1, 2005), the rights of
parents regarding education records are transferred to the student at age eighteen.
3. If the rights accorded to parents under Part B of IDEA are transferred to a student
who reaches the age of majority, consistent with rule 3301-51-05 of the
Administrative Code, the rights regarding education records under this rule must
also be transferred to the student; however, the school must provide any notice
required under rule 3301-51-05 of the Administrative Code to the student and the
parents.
Article XVII
Disciplinary Information
1. The school shall include in the records of a child with a disability, a statement of
any current or previous disciplinary action that has been taken against the child
and transmit the statement to the same extent that the disciplinary information is
included in, and transmitted with, the student records of non-disabled children.
2. When a child transfers from the school to another school, county board of
MR/DD, or other educational agency, the transmission of any of the child’s
records must include both the child’s current IEP and any statement of current or
previous disciplinary action that has been taken against the child.
3. The statement required in paragraphs one (1) and two (2) of this Article:
a. Shall specify the circumstances that resulted in the disciplinary action and
provide a description of the disciplinary action taken if the disciplinary
action was taken because the child:
b. Shall include any information that is relevant to the safety of the child and
other individuals involved with the child; and
7
c. may include a description of any other behavior engaged in by the child
that required disciplinary action, and a description of the disciplinary
action taken.
Article XVIII
Referral to and Action by Law Enforcement and Judicial Authorities
1. Rule of construction:
a. Nothing in this rule prohibits the school from reporting a crime committed
by a child with a disability to appropriate authorities or prevents state law
enforcement and judicial authorities from exercising their responsibilities
with regard to the application of federal and state law to crimes committed
by a child with a disability.
2. Transmittal of records:
[End]
8
Book
Policy Manual
Section
2000 Students
Title
Code
2037
Status
Active
Last Reviewed
Insight PA Cyber Charter School is committed to student use of technology as a tool to expand learning
opportunities and conduct scholarly research. The use of technology facilitates global collaboration- a
vital skill for our 21st century learners. Students at Insight PA utilize laptop computers on a wireless
network. Laptops are strictly for educational use consistent with the educational goals of Insight PA the
Children’s Internet Protection Act (CIPA) and the Protecting Children in the 21st Century Act. This
Acceptable Use Policy is designed to give students and their families’ clear and concise guidelines
regarding the appropriate use of laptops. The underlying premise of this policy is that all members of the
Insight PA community must uphold the values of honesty and integrity. The proper use of technology
reflects the strength of one’s character, as does one’s behavior. We expect our students to exercise
good judgment and to utilize technology with integrity.
Email
• E-mail services provided by the School are to be used only for the exchange of appropriate
information.
• Chain letters of any kind and spam are prohibited. Chain letters are defined as any e-mail
message asking you to pass information or messages on to other individuals or groups via e-
mail.
• Students are prohibited from accessing anyone else’s e-mail account without first receiving
explicit permission from the account holder.
• E-mail etiquette should be observed. In general, only messages that one would communicate to
the recipient in person should be written.
Games
• The School reserves the right to remove any game from a School computer that is considered
inappropriate or impedes the educational purposes of the laptop program.
• The view and/or playing of electronic games is not permitted during School hours except as part
of an assigned in-class activity.
• Games that include violence, adult content, inappropriate language and weapons are not to be
installed or
Laptops
• Laptops should be handled with respect and care. Inappropriate treatment of School laptops is
not acceptable.
• Laptop and laptop cases are not to be written on, to have stickers applied to them or to be
defaced in any way.
• Students are not permitted to create any administrative passwords on their laptops.
Network Access
• Students must not make any attempt to access servers or network information that is not open
to the public.
• Students may not use the School network for personal or private business reasons including but
not limited to online ordering and purchasing.
• Students are not to knowingly degrade or disrupt online services or equipment as such activity is
considered a crime under state and federal law. This includes tampering with computer
hardware or software, vandalizing data, invoking computer viruses, attempting to gain access to
restricted or unauthorized network services or violating copyright laws.
File Sharing
• File sharing is the public or private sharing of computer data or space. Any program that creates
a point-to- point connection between two or more computing devices for the purpose of sharing
data is considered to be file sharing.
• File sharing of any kind is prohibited both on campus and off campus. The only exception to this
is when it is a specific assignment given by a faculty member.
• No file sharing software of any kind is to be installed on School computers including laptops.
Deleting Files
• Do not delete any folders or files that you did not create or that you do not recognize. Deletion
of certain files will result in a computer failure and will interfere with your ability to complete
class work and may affect your grades.
• Students are not permitted to install custom individualized applications that require
administrator privileges.
• The downloading of music files, video files, games, etc. through the School’s network is
absolutely
• Copyrighted movies may not be “ripped” from DVDs and placed on the laptops nor may
copyrighted movies be downloaded to the laptops from the Internet.
• Only commercial videos such as television programs legally purchased at a music store or
another like entity may be downloaded to the laptops.
• Shareware and freeware programs such as animated cursors (i.e., Comet Cursor), screen savers
and others similar to these automatically open connections to the computers from the outside
the Insight PA network. Such connections are Spyware, and they not only monitor the activities
on that computer, but they also slow down the operations of the computer and the network
connection.
Screensavers
• Presence of weapons, pornographic materials, inappropriate language, alcohol, drug, and gang
related symbols or pictures will result in disciplinary actions.
Internet Use
• The Internet is a rich and valuable source of information for education. Inappropriate materials
are available on the internet and are strictly prohibited. These materials include items of a
sexual or pornographic nature, extremist or militant materials, gambling, depictions of violence
and images that are intended to be abusive or harassing etc. Students must not access, display
or store this type of material.
• Information obtained through the Internet must be properly cited and in compliance with
copyright laws. Due to the quickly changing nature of the Internet, a hard copy of referenced
material is recommended.
• Students are required to give proper credit to all Internet sources used in academic assignments
whether quoted or summarized. This includes all forms of media on the Internet, such as
graphics, movies, music and text.
• Plagiarism includes the use of any information obtained from the Internet that is not properly
cited. Plagiarism of Internet resources will be treated in the same manner as any other
incidences of plagiarism.
• Students may not give any personal information regarding themselves or others through e-mail
or the Internet including name, phone number, address, passwords, etc. unless they are
completely sure of the identity of the person with whom they are communicating. Frequently
the identity of someone on the Internet is impossible to confirm. Therefore, contact with such
individuals is considered inappropriate and unsafe.
• Students are not to provide the e-mail address or other personal information regarding other
students, faculty, or administration to anyone outside of the School without their permission.
• Students must secure and maintain private passwords for network and laptop access. This is
important in order to protect the privacy of each student. Do NOT share personal passwords or
usernames.
• Insight PA respects the privacy of every student, faculty member and administrator with respect
to stored files and e-mail accounts. However, if inappropriate use, including honor code
violations or harassment, are suspected the school administration has the right to view these
files in order to investigate suspected inappropriate behavior.
• The School will monitor computer activities that take place on School-owned computers
including logging website access, newsgroup access, bandwidth and network use.
• Students are prohibited from accessing faculty, administration and staff computers as well as
School file servers for any reason without explicit permission from the user or administrator of
that computer.
• Students are prohibited from utilizing the command prompt interface. In addition to this,
students are prohibited from using any method to obtain control of another person’s computer
through the use of their own computer.
• Students are prohibited from utilizing peer-to-peer networking or any method of file sharing
between computers unless authorized by the technology staff.
• Students are prohibited from using laptops or any computer for acts of cruelty (including mean-
spirited e-mails, offensive blogging, etc.).
• Laptops that are provided by the School continue to be the property of the School. Therefore
the School has the right to view all content anytime.
• Any electronic device used on the School network, even if privately owned, is subject to all
policies and consequences of the Acceptable Use Policy including: the right to view the content
of the device at any time; the right to remove content from the device; and the right to return
the device in the School’s possession if there is an infraction to the Acceptable Use Policy that
deserves that consequence
Social Media
• You must know and follow the school’s Code of Conduct and Privacy Policy.
• Regardless of your privacy settings, assume that all of the information you have shared on your
social network is public information.
Be respectful
• If you are approved to represent the school, unless you are specifically authorized to speak on
behalf of the school as a spokesperson, you should state that the views expressed in your
postings, etc. are your own. Stick with discussing school-related matters that are within your
area of responsibility.
• Be open about your affiliation with the school and the role/position you hold.
Be a good listener
• Keep in mind that one of the biggest benefits of social media is that it gives others another way
to talk to you, ask questions directly and to share feedback.
• Be responsive others when conversing online. Provide answers, thank people for their
comments, and ask for further feedback, etc.
Confidential information
• Do not publish, post or release information that is considered confidential or not public. If it
seems confidential, it probably is. Online “conversations” are never private. Do not use your
birth date, address, and cell phone number on any public website.
• To ensure your safety, be careful about the type and amount of personal information you
provide. Avoid talking about personal schedules or situations.
• Don’t take information you may receive through social networking (such as e-mail addresses,
customer names or telephone numbers) and assume it’s the most up-to-date or correct.
Images
• Respect brand, trademark, copyright information and/or images of the school (if applicable).
• You may use photos and video (products, etc.) that are available on the school’s website.
• It is generally not acceptable to post pictures of students without the expressed written consent
of their parents.
Other sites
• A significant part of the interaction on blogs, Twitter, Facebook and other social networks
involves passing on interesting content or linking to helpful resources. However, the school is
ultimately responsible for any content that is shared. Don’t blindly repost a link without looking
at the content first.
• Pay attention to the security warnings that pop up on your computer before clicking on
unfamiliar links. They serve a purpose and protect you and the school.
• When using Twitter, Facebook and other tools, be sure to follow their printed terms and
conditions.
• Be sure to correct any mistake you make immediately, and make it clear what you’ve done to fix
it.
Personal Safety
If you see a message, comment, image, or anything else online that makes you concerned for your
personal safety, bring it to the attention of an adult (teacher or staff if you’re at school; parent if you’re
using the device at home) immediately.
• Users should never share personal information, including phone number, address, social
security number, birthday, or financial information, over the Internet without adult permission.
• Users should recognize that communicating over the Internet brings anonymity and associated
risks, and should carefully safeguard the personal information of themselves and others.
Copyright
Consequences
• The School reserves the right to enforce appropriate consequences for the violation of any
section of the Acceptable Use Policy. Consequences could include the loss of privileges on a
laptop and/or the loss of the use of the computer for an amount of time determined by the
administration and members of the Technology Department; possible disciplinary action; and
possible legal action.
• In the case of repeated laptop abuse and/or damages, the school has the right to revoke the use
of the school’s laptop.
In limited instances, students may be provided internet hot spots if they qualify through a needs-based
review process conducted by the Family Resource Coordinator. All parameters of the Acceptable Use
policy apply to hot spots in the same manner they apply to student laptops.
Return of Equipment
All laptops and internet Hot Spots are school owned and provided to students for use during their time
enrolled with Insight Pennsylvania. Upon withdraw it is expected that all equipment be returned to ISPA.
Failure to return equipment could result in fines or legal action.
Nitro Preparatory Academy: Appendix E
Proposed ESP Contract
MANAGEMENT AGREEMENT
This Management Agreement (the “Agreement”) is entered into as of the _____ day of
__________, _______ (“Effective Date”) by and between Accel Schools East LLC, a Delaware
limited liability company (“Manager”), and Nitro Preparatory Academy Inc. (the “School”), a
non-profit West Virginia corporation and public charter school.
RECITALS
Whereas, the School is organized as West Virginia nonprofit corporation under West
Virginia (the “State”) law (as such provision may be amended from time to time) and the School
has entered into a School charter contract (the “Charter Contract”) with West Virginia
Professional Charter School Board (the "Authorizer") pursuant to which the School is authorized
to operate a public charter school under State law.;
Whereas, the Manager was established, among other reasons, to manage public schools,
and is expected to provide invaluable assistance and expertise, including regulatory, financial,
facilities, and other advice, in connection with the operation of the School; and
Whereas, the School and the Manager (individually, a “Party” and collectively, the
“Parties”) desire to create an enduring educational relationship whereby they will pursue and
provide educational excellence at the School based on an agreed upon school design,
comprehensive educational program and management principles.
NOW THEREFORE, in consideration of their mutual promises and covenants, and intending to
be legally bound hereby the Parties agree to the following terms:
ARTICLE I.
EDUCATIONAL SERVICES AND ADMINISTRATIVE SERVICES
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includes: integration of the best available, rigorous and research-based, K-12 online
courses fully aligned to state standards; a powerful learning management system;
comprehensive student information system and reporting system; a live Webinar
tool; a balanced assessment system; and instructional data integration and
presentation tools. The AMP system is a single sign-on experience that hosts
synchronous and asynchronous lessons allowing for truly student-centered
learning. AMP provides real-time progress monitoring, allowing teachers
instantaneous access to standards-aligned and performance-based data about each
student, allowing them to immediately target students who need small group or one-
on-one instructional support.
(v) Extra-Curricular and Co-Curricular Programs. Oversight of appropriate extra-
curricular and co-curricular activities and programs (but not Supplemental
Programs as defined in ARTICLE V below).
(b) Additional Educational Services. Any other services required by the Authorizer and/or the
West Virginia Department of Education (the “WVDE”) and such other services as are
necessary or expedient for the provision of teaching and learning at the School as agreed
to from time to time between Manager and the School. The Educational Services will be
provided in accordance with the educational goals, curriculum, methods of pupil
assessment, admissions policy, student recruitment policy, school calendar, school day
schedule, and age and grade range of pupils to be enrolled at the School as adopted by the
School and as provided for in the Charter Contract, as the same may be amended.
(c) Manager will be responsible and accountable to the School for the provision of the
Educational Services, provided, however, that such obligations, duties and responsibilities
are limited by the School Budget established pursuant to Section 1.2(a)(vi) below, and
Manager will not be required to expend funds on such services in excess of the amounts
set forth in such School Budget.
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(vi) Budgeting and Financial Reporting.
(A) A proposed annual budget will be prepared by Manager in a mutually agreeable
format by June 1st of the immediately preceding fiscal year and will be subject
to the approval of the School which shall not be unreasonably withheld or
delayed and in all cases shall be provided no later than June 30 of the
immediately preceding fiscal year. The approved budget is the "Budget". There
shall be no changes to the Budget except to the extent the Parties agree in
writing. Manager shall be responsible for preparing other financial statements
as required by and in compliance with the Charter Contract, and applicable
laws and regulations, including such documentation as may be required by the
independent certified public accountants retained by the School to perform
annual audits of the School's financial statements. The cost for preparation of
the financial statements will be the responsibility of the School. The cost of the
audit will be the responsibility of the School, and will be provided for in the
Budget.
(B) The Manager will provide the School with monthly financial forecast and
analysis reports (Forecasted P&L / Cash Balances) and all other support as
needed. The Manager will provide the following accounting information and
services: accounts payable coding; payroll journal entries; expense accrual
journal entries; support for grant writing / reporting / draw down; preparation
of monthly financial reporting to the School’s board of directors (the “Board”);
and support for all State reporting requirements. The Manager will prepare a
five-year financial plan in conjunction with the fiscal officer.
(C) On behalf of the School, the Manager is responsible for preparation of (i) such
other reports on the finances and operation of the School as requested or required
by the WVDE, the School or the Authorizer to ensure compliance with the terms
of the Charter Contract; (ii) monthly unaudited financial statements; and (iii)
year-end unaudited financial statements which will be provided within forty-five
(45) days after the end of the fiscal year.
(D) The Manager will provide other information on a periodic basis or as requested
with reasonable notice as may be reasonably necessary to enable the School to
monitor Manager's performance under this and related agreements including the
effectiveness and efficiency of its operations at the School.
(E) On behalf of the School, the Manager will maintain accurate financial records
pertaining to its operation of the School, together with all School financial
records prepared by the fiscal officer, and retain all such records for a period of
five (5) years (or longer if required by applicable laws and regulations) from the
close of the fiscal year to which such books, accounts and records relate. All the
School financial records retained by the Manager pertaining to the School will
be available to the School, the Authorizer, the Auditor of State, the WVDE or
the United States Department of Education (the “USDOE”) and to all other
appropriate regulatory authorities for inspection and copying upon reasonable
request, it being understood that in most cases such copies will be made available
within thirty (30) business days of request.
(F) If School is not able to fully pay the Management Fee and all bills when due, (i)
School agrees to work with Manager to take actions to reduce expenses
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including, but not limited to, reducing the number of staff members, and (ii)
School must obtain Manager’s written consent prior to incurring new liabilities
greater than ten thousand dollars ($10,000) individually or in the aggregate.
(vii) School's Right to Audit. The School reserves the right to conduct or to appoint others
to conduct examinations, at the School's expense, of the books and records
maintained for the School.
(viii) Maintenance of Student and Other Records.
(A) Manager will maintain accurate student records pertaining to the students
enrolled at the School as is required and in the manner provided by the Charter
Contract, and applicable laws and regulations, together with all additional
School student records prepared by or in the possession of Manager, and retain
such records on behalf of the School, until this Agreement expires or is
terminated, at which time such records will be delivered to the School which
shall thereafter be solely responsible for the retention and maintenance of such
records (it being understood that such student records are and shall be at all
times the property of the School). Manager and the School will maintain the
proper confidentiality of such records as required by law and the Charter
Contract.
(B) Manager will maintain accurate employment, business and other records
pertaining to the operation of the School as is required and in the manner
provided by the Charter Contract, and applicable laws and regulations, together
with all additional School employment, business and other records prepared by
or in the possession of Manager, and retain such records on behalf of the School
until this Agreement expires or is terminated, at which time such records will
be delivered to the School which shall thereafter be solely responsible for the
retention and maintenance of such records (it being understood that such
employment, business, and other records are and shall be at all times the
property of the School). Manager and the School will maintain the proper
confidentiality of such records as required by law and the Charter Contract.
(C) The financial, educational and student records pertaining to the School are the
property of the School, and such records are subject to the applicable provisions
of State and federal law. Manager shall help ensure that to the extent requested
by the School, all School records shall be physically or electronically available,
upon request, at the School.
(D) Manager shall provide such other information, including a written report, as
reasonably requested by the School.
(ix) Admissions. Implementation of the School's admission policy in accordance with the
Charter Contract, and applicable laws and regulations.
(x) Student Hearings. Administration and enforcement of student disciplinary and
special education hearings in conformity with the requirements of the procedures
established by the School, and applicable laws and regulations (including, but not
limited to, requirements involving due process and confidentiality) to the extent
consistent with the School's duties and obligations under applicable laws and
regulations.
(xi) Academic Progress Reports. Provide to the School on a periodic basis as necessary
or appropriate for the School to satisfy its obligations under the Charter Contract,
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and applicable laws and regulations, a report detailing (A) the School's students'
academic performance, (B) Manager's performance of the Educational Services and
Administrative Services against mutually acceptable criteria, and (C) such other
reports reasonably requested by the School.
(xii) Rules and Procedures. Recommend rules, regulations and procedures applicable to
the School and its students and enforce such rules, regulations and procedures
adopted by the School that are not in direct conflict with this Agreement, the
Charter Contract, and applicable laws and regulations.
(xiii) Student Recruitment. Recruitment of students subject to agreement on general
recruitment and admission policies to the extent budgeted for in the Budget or as
otherwise approved by the School. Students shall be selected in compliance with
the procedures set forth in the Charter Contract and State and federal laws.
(xiv) Additional Administrative Services. Any other services reasonably necessary or
expedient for the effective administration of the School as agreed to from time to time
by Manager and the School.
(A) The Administrative Services will be provided in a manner consistent with
the Educational Program, the Charter Contract, and local, State and federal
laws and applicable regulations and policies.
(B) Subject to this Agreement, the Charter Contract, and applicable laws and
regulations, Manager may modify the methods, means and manner by which
such Administrative Services are provided at any time, provided that Manager
supplies the School with written notice of such modifications.
(C) Manager will be responsible and accountable to the School for the provision
of the Administrative Services, provided that such obligations, duties, and
responsibilities are limited by the Budget established in Section 1.2(a)(vi)
above, and Manager will not be required to expend funds on such services
in excess of the amounts set forth in such Budget.
1.3 Technology Services.
(a) During the Term, Accel or its Affiliates (as defined in section 3.5 below) will provide or
cause to be provided to the School the following technology products and services (the
“Technology Services”):
(i) Monitor production services, i.e., the learning management and content
management systems;
(ii) Monitor and analyze data to fix production issues as they arise;
(iii) Generate reports on student academic performance, attendance and progress;
(iv) Seek and secure competitive pricing and centralized purchase discounts for
computers, monitors, printers, software and other peripherals (“Computer
Equipment”) for use by the School’s students and staff working at the School;
(v) Develop, design, publish and maintain the School’s website;
(vi) Determine hardware configurations (including software and operating systems) for
the School’s technology needs;
(vii) Provide support for School administration in troubleshooting system errors; and
(viii) Other technology support services requested and mutually agreed upon by the
Board and Accel.
(b) Accel charges a fee for the provision of Computer Equipment as set forth in Article IV
below.
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1.4 Place of Performance; Provision of Offices. The School will provide Manager with
necessary and reasonable classroom and office space at 302 21st Street, Nitro, WV 25143
(the “Facility”) to perform all services described in this Agreement. Manager will provide
instructional, extra-curricular and co-curricular programs at the Facility. Manager may
provide other services elsewhere, unless prohibited by the Charter Contract, or applicable
laws and regulations.
1.5 Authority. By this Agreement, the School provides Manager such authority and power as is
necessary and proper for Manager to undertake its responsibilities, duties and obligations
provided for in this Agreement, except in cases wherein such authority may not be
delegated by applicable laws and regulations.
ARTICLE II.
TERM
2.1 Term. The term of this Agreement will commence on July 1, 2022(the “Start Date”) and
shall continue thereafter through June 30, 2027 (the “Initial Term”) unless sooner
terminated pursuant to ARTICLE VII or mandated by regulation or statute
2.2 Renewal. Upon the conclusion of the Initial Term, and each five (5) year period
thereafter (the “Renewal Date”), this Agreement will automatically extend for
successive additional periods of five (5) years or consistent with the length of the new
or renewal term from the Authorizer (each such period a “Renewal Term”), unless (a)
either Party provides the other with written notice of non-renewal at least eighteen (18)
months before the applicable Renewal Date; or (b) the Agreement is sooner terminated
under ARTICLE VII. The Initial Term and any Renewal Terms will be referred to
collectively as the “Term”.
2.3 In the event the Authorizer and/or the Charter Contract changes, this Agreement shall
automatically survive and be performed in accordance with the new Charter Contract, these
terms and conditions and applicable law, unless this Agreement is otherwise terminated in
accordance with ARTICLE VII herein.
ARTICLE III.
RELATIONSHIP OF THE PARTIES
3.1 Status of the Parties. Manager is not a division or any part of the School. The School is a
separate and distinct corporation authorized under State law and is not a division or a part
of Manager. The relationship between the Parties was developed and entered into through
arms-length negotiations and is based solely on the terms of this Agreement and those of
any other agreements that may exist from time to time between the Parties. Nothing herein
will be construed to create a partnership or joint venture by or between the School and
Manager or to make one the agent or fiduciary of the other. Neither the School nor
Manager will hold itself out as a partner or agent of the other or otherwise state or imply
by advertising or otherwise any relationship between it and the other in any manner
contrary to the terms of this Agreement. Neither the School nor Manager has, and neither
6
will represent that it has, the power to bind or legally obligate the other. No employee of
Manager will be considered an employee of the School by either Party for any purpose
whatsoever.
3.2 Manager Attendance at Board Meetings. Manager shall use commercially reasonable
efforts to attend Board meetings in person and, if unable to attend in person, may attend
them telephonically. The Board shall use reasonable efforts to schedule any regular, special
or emergency Board meeting so that Manager has the opportunity to attend the same. The
Board shall provide Manager with notice of any regular, special or emergency meeting of
the Board when it provides members of the Board with notice of the meetings.
3.3 No Related Parties or Common Control. Manager will not have any role or relationship
with the School that, in effect, substantially limits the School's ability to exercise its rights,
including cancellation rights, under this Agreement. Any director, officer or employee of
Manager shall be prohibited from serving on the Board. None of the voting power of the
Board will be vested in Manager or its directors, members, managers, officers, shareholders
and employees, and none of the voting power of the Board or shareholders of Manager will
be vested in the School or its directors, members, managers, officers, shareholders (if any)
and employees. Furthermore, the School and Manager will not be members of the same
control group, as defined in Section 1.150-(f) of the regulations under the Internal Revenue
Code of 1986, as amended (or its successor) (the “Internal Revenue Code”), or related
persons, as defined in Section 144(a)(3) of the Internal Revenue Code.
3.4 Other Schools. The School acknowledges that Manager will have the right to render similar
services to other persons or entities including other public or private schools or institutions.
3.5 Exclusivity. During the Term, Manager and its Affiliates shall be the sole providers of the
educational products and management services set forth herein for the School unless
otherwise waived in writing by an authorized officer of Manager. “Affiliate” means any
entity that, directly or indirectly through one or more intermediaries, controls, is controlled
by, or is under common control with, the Manager whether through ownership of voting
securities, by contract interest or otherwise.
ARTICLE IV.
CONSIDERATION
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(b) AMP Fee. The School will pay to Accel fees for AMP as set forth in a separate price list.
Accel modifies the rates from time to time, but no more than once per fiscal year.
(c) Computer Equipment Fee. The School will pay to Accel fees for Computer Equipment as
set forth in a separate price list. Accel modifies the rates from time to time, but no more
than once per fiscal year.
(d) Reasonable Compensation. The fees charged under this Agreement are reasonable
compensation for services rendered. Manager's compensation for services under this
Agreement will not be based, in whole or in part, on a share of net profits from the operation
of the School.
(e) Annual Reconciliation. The Management Fee shall be subject to annual reconciliation
based upon actual enrollment and actual revenue received (including the final month of the
Term, even though the payment may be made beyond expiration or termination of the
Term). If the School receives written notice of a review of the enrollment being completed
by the State, the School shall provide Manager with a copy of the written notice upon
receipt of same. If the review results in a finding that additional funding is owed to the
School, the School shall make payment to Manager within five (5) business days after
receiving an invoice for such amount. If the review results in a finding that the School owes
money to the State, the School will work with the Manager to initiate an appeal of the
State’s determination. Manager shall select legal counsel and a strategy for the appeal and
pay any and all expenses and costs related to the appeal including attorneys’ fees. The
School shall cooperate with Manager and selected legal counsel’s efforts to appeal. Should
the review result in the School owing money to the State, Manager agrees to contribute the
amount overpaid to Manager and the School shall contribute the amount retained by the
School.
4.2 Payment of Costs. The School will reimburse Manager for all costs incurred and paid by
Manager in providing the Educational Services and Administrative Services, provided
such costs are within the limits of the Budget and items are not included in the Furniture
and Equipment Lease referenced in Section 4.4 below. Such costs may include, but are
not limited to, mortgage, rent and/or lease payments (including costs pursuant to any
equipment lease (but not Furniture and Equipment Lease referenced in Section 4.4 below)
or Facility lease that the Parties may enter into), Facility maintenance and utility costs,
salaries of Manager’s employees or subcontractors assigned to the staff of the School,
Authorizer fee, costs related to curriculum, instructional materials, textbooks, library
books, computers, software, supplies, food service, transportation, special education,
psychological services and medical services. Additionally, in consideration of Accel’s
employee administration costs (including payroll, benefits, recruiting, workplace safety
and compliance) for all employees assigned to work at the School, Accel shall charge the
School $42.50 per pay period for each such employee. Except as may be provided in any
equipment lease or Facility lease that is the subject of this Section 4.2, in charging for
such costs to the School and paying for such costs, Manager will not charge an added fee
unless such fee is approved in advance by the School.
4.3 New School Startup Line of Credit Loan Agreement and Promissory Note.
(a) Prior to or simultaneously with executing this Agreement, a school enrolling students for
the first time (“New School”) shall enter into a startup Line of Credit Loan Agreement
and Promissory Note in the form attached hereto as Exhibit A for costs associated with
opening a new school or as otherwise approved by lender thereunder.
8
(b) While any amount is outstanding under the Line of Credit Loan Agreement and
Promissory Note, New School may not incur expenditures outside of the Budget that are
greater than $10,000 individually or in the aggregate unless lender pre-approves the
expenditure in writing.
4.4 Furniture and Equipment Rental. School shall enter into a Furniture and Equipment Lease
with Manager to rent furniture and equipment for the School and shall pay storage and
delivery charges applicable to same. Furniture and equipment purchased with grant or
government funds will not be leased and ownership will remain with the School.
ARTICLE V.
SUPPLEMENTAL PROGRAMS
5.1 Supplemental Programs. In addition to the Educational Services, Technology Services and
Administrative Services provided by Manager to the School, Manager may, subject to
School approval (which approval shall not be unreasonably withheld), provide additional
services, which may benefit the School by increasing its exposure in the community,
including, but not limited to, pre-kindergarten, summer school, academic camps, before
and after school programs, vocational training, and latch-key programs to students and
non-students of the School (the "Supplemental Programs"), provided that nothing herein
9
shall require Manager to provide any such Supplemental Programs. Manager may retain
the full amount of any and all revenues collected from or for such Supplemental Programs,
and Manager will be responsible for the full cost of providing such Supplemental
Programs. The School will permit Manager to operate such Supplemental Programs at the
Facility without charge to Manager.
5.2 Subject to and in accordance with provisions in ARTICLE IX below, Manager will
indemnify, defend and save and hold the School and all of its Representatives (as defined
below) harmless against any and all third party claims, demands, suits or other forms of
liability (any of which are a “Claim”) (including reasonable attorney’s fees and costs) that
directly arise out of any Supplemental Program. In addition, Manager will reimburse the
School for any and all reasonable legal expenses and costs associated with the defense of
any such third party Claim. This indemnification provision shall survive the termination or
expiration of the Agreement.
ARTICLE VI.
PERSONNEL AND TRAINING
6.2 Head of School. The HOS will be an employee of Manager and Manager will determine
the employment terms of the HOS. Manager will have the authority, consistent with
applicable laws and regulations, to select, supervise and terminate the HOS and to hold
him or her accountable for the success of the School.
6.3 Teachers. Manager will provide to the School such teachers as are required to provide the
Educational Services and Supplementary Programs (if any). Manager, in consultation with
the HOS, will determine the number and assignments of such teachers. Such teachers may
10
work at the School on a full or part time basis. Each teacher assigned to the School will
be qualified in his or her grade levels and subjects, and, to the extent required by applicable
laws and regulations, hold a valid teaching certificate issued by the WVDE. Further, to
the extent required by applicable laws and regulations, such teachers shall have undergone
a criminal background check and unprofessional conduct check as if such teachers were
employees of the School. Upon request, Manager shall provide the School with
documentary evidence of its compliance with this Section 6.3. Manager shall keep the
School informed of all teaching staff related actions and decisions on a regular basis.
6.4 Support Staff. Manager will provide the School with such support staff as are required to
provide the Educational Services, Administrative Services and Supplementary Programs
(if any). Such support staff may include, among others, teachers' aides, clerical staff,
administrative assistants to the HOS, bookkeepers and maintenance personnel. Such
support staff may work at the School on a full or part time basis.
6.5 Training. Manager will provide training in its instructional methods, curriculum,
educational program and support technology to its instructional personnel on a regular and
continuous basis. Such training will enable the School's instructional staff to provide in-
service training to each other. Non-instructional personnel will receive such training as
Manager determines to be reasonable and necessary under the circumstances.
6.6 Non-Solicitation/Non-Hiring.
(a) During the Term and one (1) year thereafter, each Party may not directly or indirectly
solicit, recruit for employment, offer employment to, offer subcontracting opportunities to,
or otherwise employ or use the services of any current or former consultant or employee
of the other Party or Affiliate if that consultant, employee, former consultant or employee
had been assigned to or worked under this Agreement. Former consultant or employee means
a consultant or employee who worked for a Party within six (6) months prior to hire or potential
hire by the prohibited Party.
(b) Unpermitted Solicitation/Hiring Remedies. In the event of such unpermitted use or
engagement by a Party of such consultant, employee, former consultant or former
employee whether directly or indirectly, in contravention of the clause immediately above,
the other Party, at is option, may seek receipt of a sum equivalent to one hundred percent
(100%) of that consultant, employee, former consultant or former employee’s
compensation during their first year with the new employer, or seek any legal or equitable
relief against such actions including, but not be limited to, immediate injunctive relief in
any court of competent jurisdiction. The one (1) year period of time in this Section will
be extended by the amount of time that a Party engages in any activity in violation of
this Agreement and while the aggrieved Party seeks enforcement of this Agreement.
The School acknowledges and agrees that no advances or past uncollected fees shall be
issued by Manager to cover any penalty, damages or other relief owed by the School upon
a violation of this provision.
(c) Solicitation Exceptions. For the avoidance of doubt, newspaper, periodical or Internet-
based listings of employment opportunities by a Party shall not be considered direct or
indirect solicitation of an employee, consultant, former employee or former consultant of
the other Party or Affiliate. However, such Party shall continue to be precluded from
11
engaging or otherwise using a Party’s and Affiliate’s employee, former employee,
consultant or former consultant provided for in this Section 6.6.
ARTICLE VII.
TERMINATION OF AGREEMENT
7.1 Termination By Manager.
(a) Manager may terminate this Agreement effective at the end of the then-current school
year if the School fails to make any payment of money due to the Manager within five
(5) days of written notice from Manager to School that such payment is overdue,
excluding overdue payments resulting from a payment dispute or delay between the
School and any funding entity.
(b) Manager may terminate this Agreement in the event that the School is in material default
under any other condition, term or provisions of this Agreement (except late payment
which is addressed above) or the Charter Contract, and the default remains uncured for
thirty (30) days after the School receives written notice from the Manager or
Authorizer, as applicable, of the default. However, if the default cannot be reasonably
cured within thirty (30) days, and the School promptly undertakes or continues efforts
to cure the material default within a reasonable time, the failure shall not be grounds
for termination. Notwithstanding the foregoing, if the School’s default creates an
imminent danger to the life of students, parents or others, the default must be cured
immediately upon notice from the Manager, and Manager may terminate the
Agreement effective immediately if not so cured.
(c) Manager may terminate this Agreement if there is any adverse and material change in
local, State or federal funding for the School's students; provided that any notice of
termination delivered to the School based upon an adverse and material change in
funding shall be effective when the funding change goes into effect or such later date
as designated by the Manager.
(d) Manager may terminate this Agreement effective immediately upon written notice to the
School in the event that the School adopts or amends a policy, and the effect of such
amendment or policy would reasonably be determined by Manager to increase materially the
financial risk to Manager arising from its performance of its obligations hereunder, thus
rendering Manager’s performance economically unviable. In the event the School adopts
such an adverse policy in the middle of the school year, Manager agrees to use its best efforts
12
to complete its obligations for the then-current school year without waiving any rights and
remedies hereunder.
(e) Manager may terminate this Agreement effective immediately upon written notice to the
School in the event that the School undergoes adverse change that makes the School
financially unviable.
(f) Manager may terminate this Agreement effective immediately upon written notice to the
School if, in Manager’s sole opinion, the Board makes a financial decision that is detrimental
to the School.
(g) Manager may terminate this Agreement effective immediately upon written notice to School
in the event Manager undergoes or is required to undergo a change that makes Manager, as
determined in its sole judgment, financially unviable.
7.2 Termination by the School. The School may terminate this Agreement in the event that
Manager fails to remedy a material breach of this Agreement within ninety (90) days after
written notice from the School. Termination by the School will not relieve the School of
any obligations to pay the Management Fee, the AMP Fee and costs, whether accrued,
pending or outstanding, to Manager as of the effective date of the termination, nor will it
relieve Manager for liability for financial damages suffered by the School as a consequence
of Manager's breach (or of the School's termination as a result thereof) of this Agreement.
7.3 Termination of the Charter Contract. This Agreement will terminate upon the School's
ceasing to be a party to a valid and binding sponsorship agreement, provided, however,
that this Agreement will continue to remain in effect until the date of termination or
expiration of a Term (as applicable) if (i) the School has entered into a subsequent
sponsorship agreement, and (ii) this Agreement has not been terminated pursuant to this
ARTICLE VII. Termination pursuant to this paragraph will not relieve the School of any
obligations to pay the Management Fee, the AMP Fee and costs, whether accrued, pending
or outstanding, to Manager as of the effective date of termination.
7.4 Change in Law. If any federal, State or local law or regulation, court or administrative
decision or Attorney General's opinion could reasonably be expected to have an adverse
effect on the ability of either Party to carry out its obligations under this Agreement, such
Party, upon written notice to the other Party, may request renegotiation of this Agreement.
That notice may be given at any time following enactment of such change in applicable
law, whether or not such change is effective on the date of such enactment or thereafter.
Renegotiation will be undertaken in good faith. If the Parties are unable to renegotiate and
agree upon revised terms within thirty (30) days after such notice of renegotiation, then
this Agreement will be terminated effective at the end of the academic year in which such
notice was given unless earlier termination is necessary to protect the health, welfare, or
safety of students.
7.5 Real and Personal Property. Upon termination or expiration of this Agreement by either
Party for any reason, all real and personal property leased by Manager to the School will
remain the real and personal property and leases of Manager, and any personal property
purchased by Manager with the funds provided to Manager by the School pursuant to
Section 4.2 above will be the personal property of the School provided that the School has
fulfilled all repayment obligations in any startup Line of Credit Loan Agreement and
13
Promissory Note between the Parties. Notwithstanding the above, if any lease shall contain
a buy-out or purchase option, the School shall have the right to exercise such option and
purchase such equipment.
7.6 Return of Materials and Records. On the later of (a) five (5) business days after any
termination or expiration of this Agreement by either Party for any reason, and (b) the
effective date of termination as established in this ARTICLE VII, the School shall (i)
assemble in a safe place all operational, systems and other administrative manuals and
material, and copies thereof, and (ii) the President of the School shall certify to Manager
in writing that the School has ceased use of any proprietary materials relating to the
Educational Program and has deleted the materials from all databases and storage media
maintained by the School. At Manager's direction, the School will promptly permit
representatives of Manager or its Affiliate to pick up all such materials at the School.
Manager shall return to the School all student educational records and all School-titled
equipment and material (if any). Notwithstanding the foregoing, if the School closes
for any reason, the Manager shall instead transmit the educational records of each
student to said student's school district of residence.
ARTICLE VIII.
PROPRIETARY INFORMATION, OWNERSHIP AND LICENSE
8.1 Proprietary Information and Ownership. The School acknowledges that Manager owns or
has a license to use the intellectual property rights and interests in the curriculum, learning
systems, assessment systems and pedantic methods licensed to or utilized by the School
during the Term (“Protected Materials”) and to the name “ACCEL™” (such name being
a trademark of Manager). The School acknowledges and agrees that it has no intellectual
or property interest or claims in the Protected Materials or name, and has no right to use
the Protected Materials or name unless expressly agreed to in writing by Manager. In
accordance with all laws and regulations, Manager shall have the right to install signs on
the School facilities, including under the name of the School, describing the services
provided by Manager or its assignees, including "Managed by ACCEL Schools" or
"Educational Services Provided by ACCEL Schools." Upon any expiration or termination
of this Agreement, those signs shall be promptly removed.
8.2 License. The Manager developed and owns, or has a license to use, proprietary rights
to the Protected Materials. The Manager hereby grants the School a limited revocable
license to use the Protected Materials in connection with operating the School during
the Term. When this Agreement is terminated or expires, the license granted herein
shall automatically terminate and the School shall immediately cease using the
Protected Materials. The School may not use the Protected Materials for any purpose
other than strictly within the scope of the license granted in this Agreement without
the prior written consent of the Manager.
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ARTICLE IX.
INDEMNIFICATION AND LIMITATIONS OF LIABILITIES
9.1 Indemnification of Manager. To the extent permitted by law, the School will indemnify,
defend and save and hold Manager and its Affiliates and all of their respective employees,
officers, directors, subcontractors and agents (collectively, “Representatives”) harmless
against any and all third party Claims (including reasonable attorney’s fees and costs) that
may arise out of, or by reason of, any wrongdoing, misconduct or negligence by the School
or its Representatives; noncompliance by any of them with any agreements, covenants, or
undertakings of the School contained in or made pursuant to this Agreement; any
misrepresentations of the School contained in or made pursuant to this Agreement; any
action or omission by the School or its Representatives that results in injury, death or
loss to person or property; and any violation by them of State or federal law. In addition,
the School will reimburse Manager, its Affiliates and their Representatives for any and all
reasonable legal expenses and costs associated with the defense of any third party Claim.
Further, the Parties acknowledge and agree that Manager and its Affiliates shall have no
liability or responsibility for activities of the School that occurred prior to the Start Date.
This indemnification obligation shall survive the termination or expiration of this
Agreement.
9.2 Indemnification of the School. Manager will indemnify, defend and save and hold the
School and its Representatives harmless against any and all third party Claims (including
reasonable attorney’s fees and costs) that may arise out of, or by reason of, any wrongdoing,
misconduct, or negligence of Manager, its agents, employees or assigns or noncompliance
by Manager with any agreements, covenants, or undertakings of Manager contained in or
made pursuant to this Agreement, and any misrepresentation of the Manager contained in
or made pursuant to this Agreement. In addition, Manager will reimburse the School for any
and all reasonable legal expenses and costs associated with the defense of any third party
Claim. This indemnification obligation shall survive the termination or expiration of this
Agreement.
9.3 Defense. A Party seeking indemnification under this ARTICLE IX (the "Indemnitee")
shall give notice to the indemnifying Party (the "Indemnitor") of a Claim or other
circumstances likely to give rise to a request for indemnification, promptly after the
Indemnitee becomes aware of the same. The Indemnitor, with Indemnitee consent,
which shall not be unreasonably withheld, conditioned or delayed, shall be afforded
the opportunity to undertake the defense of and to settle by compromise or otherwise
any Claim for which indemnification is available under this ARTICLE IX. The
Indemnitor's selection of legal counsel is subject to the Indemnitee's approval (which
approval shall not be unreasonably withheld). If an Indemnitor so assumes the defense
of any Claim, the Indemnitee may participate in such defense with legal counsel of the
Indemnitee's selection and at the expense of the Indemnitee. Indemnitor may not settle
any Claim against Indemnitee or otherwise consent to any final order or judgement
regarding same if such settlement, final order or judgement includes an admission of
wrongdoing in Indemnitee’s or Affiliate’s name unless Indemnitee or Affiliate, as
applicable, consents in writing. If the Indemnitor, upon the expiration of the fifteen
15
(15) days after receipt of notice of a Claim by the Indemnitee under this ARTICLE IX,
has not assumed the expense of the defense thereof, the Indemnitee may thereupon
undertake the defense thereof on behalf of, and at the risk and expense of, the
Indemnitor, with all reasonable costs and expenses of such defense to be paid by the
Indemnitor.
9.5 Right of Set-Off. Either Party may, but shall not be obligated to, set off against any and
all payments due the other Party under this Agreement, any amount to which the Party
is entitled to be indemnified hereunder provided that there has been a final judicial
determination thereof.
16
ARTICLE X.
INSURANCE
10.1 Insurance Coverage. The School will maintain the types of and limits on insurance
policies as follows unless different types and/or higher requirements are set forth in
the Charter Contract: commercial general liability in amounts no less than $1 million
per occurrence and $2 million in the aggregate; excess or umbrella extending coverage
as broad as primary commercial general liability coverage in an amount no less than
$3 million; automobile in the amount of $1 million; directors and officers/school
leaders, employment practices liability and errors and omission, in amounts no less
than $1 million per occurrence and $1 million in the aggregate; and employers liability
in an amount no less than $1 million. All insurance policies shall (a) be issued by
companies in good standing and authorized to do business in the State and having an
AM Best rating of A or better, (b) be written in standard form, and (c) provide that the
policies may not be canceled except after thirty (30) days' written notice to the Manager
and Authorizer. Upon Manager’s request, the School shall deliver to the Manager a
copy of such policies.
10.2 Workers' Compensation Insurance. Each Party will maintain workers' compensation
insurance as required by law, covering its respective employees.
10.3 Cooperation. Each Party will, upon request, present evidence to the other that it
maintains the requisite insurance in compliance with the provisions of this ARTICLE
X. Each Party will comply with any information or reporting requirements applicable
to or required by the other Party's insurer(s), to the extent reasonably practicable.
ARTICLE XI.
REPRESENTATIONS AND WARRANTIES
11.1 Representations and Warranties of Manager. Manager hereby represents and warrants
to the School:
(a) Manager is a duly formed limited liability company in good standing and is authorized to
conduct business in the State.
(b) To the best of its knowledge, Manager has the authority under applicable laws and
regulations to execute, deliver, and perform this Agreement, and to incur the obligations
provided for under this Agreement.
(c) Manager's actions under this Agreement have been and will be duly and validly authorized,
and it will adopt any and all further resolutions or expenditure approvals required for
execution of this Agreement.
(d) The services to be performed under this Agreement will be performed in a professional and
workmanlike manner in accordance with commercially reasonable industry standards.
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT
LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. MANAGER AND ITS AFFILIATES
MAKE NO GUARANTEES AS TO THE GRADES OR TEST RESULTS TO BE
17
OBTAINED BY THE STUDENTS. WITHOUT LIMITING THE FOREGOING,
MANAGER AND ITS AFFILIATES MAKE NO GUARANTEES AND SHALL NOT
BE LIABLE FOR NON-ACCESIBILITY OF ANY WEBSITE, SYSTEM OR
PROGRAM, END-USER CONNECTION SPEED OR CONNECTIVITY PROBLEMS,
REGARDLESS OF THE REASON.
11.2 Representations and Warranties of the School. The School hereby represents and warrants
to Manager:
(a) The Charter Contract (i) authorizes the School to operate and receive the State, federal
and local education funds, as well as other revenues; (ii) approves the Education
Program and other activities contemplated by this Agreement; and (iii) vests the School
with all powers necessary and desirable for carrying out the Education Program and
other activities contemplated in this Agreement.
(b) The School has the authority under applicable laws and regulations to contract with a
private entity to perform the Educational Services, Administrative Services, Technology
Services, Supplemental Programs, and all other services under this Agreement and
execute, deliver and perform this Agreement, and to incur the obligations provided for
under this Agreement.
(c) The School's actions have been duly and validly authorized, and the School will adopt
any and all further resolutions or expenditure approvals required for execution of this
Agreement; provided, however, that with regard to expenditures, such resolutions and
approvals shall be required only if the relevant information is available to the School
and the School has sufficient funds in the approved Budget to pay for such expenditures.
(d) The School is not in breach of the terms of the Charter Contract.
(e) The School has no intellectual or property rights or claims in the curriculum or other
educational materials provided by Manager or in the name “ACCEL™" and will make no
such claims in the future.
(f) After the Effective Date the School shall not incur any indebtedness outside the ordinary
course of business or enter into any factoring or other debt arrangements without the prior
written consent of the Manager, which consent shall not be unreasonably withheld,
conditioned or delayed.
11.3 Mutual Warranties. Each Party to the Agreement warrants to the other that there are no
pending actions, claims, suits or proceedings, to its knowledge, threatened or
reasonably anticipated against or affecting it, which if adversely determined, would
have a material adverse effect on its ability to perform its obligations under this
Agreement.
ARTICLE XII.
CONFIDENTIALITY AND NON-DISCLOSURE
12.1 Confidential Information. Without the prior written consent of the other Party, neither
Party will at any time: (a) use for its own benefit or purposes or for the benefit or
purposes of any other person, corporation or business organization, entity or
enterprise; or (b) disclose in any manner to any person, corporation or business
organization, entity or enterprise any trade secret, proprietary information, data, know-
18
how or knowledge (including but not limited to curricula information, financial
information, marketing information, cost information, vendor information, research,
marketing plans, educational concepts and employee information), whether transferred
in writing or other tangible form, or transferred orally, visually, electronically or by any
other means, belonging to, or relating to the affairs of a Party or any of its Affiliates
(the "Disclosing Party") or received through association with the Disclosing Party
(collectively, "Confidential Information"), whether the Confidential Information was
received by the Receiving Party before or after the commencement of this Agreement.
Confidential Information does not include information a Party receives (the
“Receiving Party”) and can show that it: (i) was known to the Receiving Party prior to
its association with the Disclosing Party; (ii) had become available to the public other
than by a breach of this Agreement by the Receiving Party; or (iii) was disclosed to
the Receiving Party by a third person or entity that was not prohibited by a contractual,
fiduciary or other legal obligation to the Disclosing Party from disclosing the
Confidential Information.
12.2 Care and Authorized Use. Receiving Party will use at least the same degree of care to
prevent unauthorized use and disclosure of Confidential Information as that Party uses with
respect to its own confidential information (but in no event less than a reasonable degree
of care); use Confidential Information only in performance of its obligations under this
Agreement; and not disclose or grant access to such Confidential Information to any third
party except on a need-to-know basis and based on a confidentiality agreement with terms
at least as strict as those contained in this Agreement. This Agreement does not prohibit
the Receiving Party from disclosing Confidential Information it is legally compelled to
disclose by oral questions, interrogatories, requests for information or documents,
subpoenas, investigative demands, judicial orders or similar process. However, if the
Receiving Party is legally compelled to disclose any Confidential Information, the
Receiving Party covenants to use its best efforts to provide the Disclosing Party with
prompt written notice (not more than forty-eight (48) hours after learning it will be
compelled to disclose) so that the Disclosing Party may seek a protective order or other
appropriate remedy and/or waive compliance with the provisions of this Agreement.
In the event a protective order or other remedy is not obtained, or the Disclosing Party
waives compliance with the provisions of this Agreement, the Receiving Party
covenants to furnish only that portion of the Confidential Information that the
Receiving Party is legally required to disclose, and to exercise its best efforts to obtain
reliable assurance that the Confidential Information will be treated confidentially.
12.3 Survival. This ARTICLE 12 shall survive any expiration or termination of this
Agreement.
ARTICLE XIII
MISCELLANEOUS
13.1 Integration, Sole Agreement, and Third Party Beneficiaries. This Agreement (together with
any exhibits, schedules or documents referred to herein) is the entire agreement between
the Parties, sets forth all of the promises, covenants, agreements, conditions and
19
undertakings of the Parties with respect to the subject matter hereof, and supersedes all
prior and contemporaneous agreements and understandings, negotiations, inducements or
conditions, express or implied, oral or written, if any, between the Parties with respect to
the subject matter hereof. Except as limited by Section 13.7 (Assignment) below, this
Agreement shall be binding upon and is for the exclusive benefit of the Parties, and their
respective affiliates, successors and permitted assigns, and not for the benefit of any third
party, nor shall it be deemed to confer or have conferred any rights, express or implied,
upon any other third party including a relationship in the nature of a third party beneficiary
or fiduciary.
13.2 Force Majeure. In the event that either Party is delayed, hindered, or prevented from
performing any act required under this Agreement by reason of fire or other casualty, acts
of God, strike, lockout, labor dispute, inability to procure services or materials, failure of
power, riots, terrorism, insurrection, war or other reason of like nature not the fault of the
delayed Party, its performance shall be excused for the period of the delay and the time
for performance shall be extended for a period equivalent to the period of the delay.
This Section shall not excuse School from prompt payment of any amounts required by the
terms of this Agreement. As soon as practicable, the Party experiencing a force majeure
event shall: (a) notify the other Party about the event, and (b) resume performance of its
obligations under this Agreement upon conclusion of the event.
13.3 Governing Law, Jurisdiction and Waiver of Jury Trial. The laws of the state of West
Virginia, without regard to conflict of law principles, will govern this Agreement, its
construction, and the determination of any rights, duties and remedies of the Parties arising
out of or relating to this Agreement. Jurisdiction and venue are proper in the county in
which the School is located. The Parties each waive any right to trial by jury in any
litigation involving this Agreement, including breach, interpretation or performance
thereof.
13.4 Construction. The Parties acknowledge and agree that this Agreement is the result of
extensive negotiations between the Parties and their respective counsel, and that this
Agreement shall not be construed against either Party by virtue of its role or its
counsel’s role in the drafting hereof. Paragraph captions or headings of various articles,
sections and other subdivisions are used herein for convenience of reference only and
are not intended to be used, nor shall they be used, in interpreting this instrument or
modifying, defining or limiting any of the terms or provisions hereof.
13.5 Counterparts. This Agreement may be executed in counterparts, each of which will be
deemed an original, but both of which will constitute one and the same instrument. Each
Party may rely on facsimile signature pages as if such facsimile pages were originals.
13.6 Notices. Either Party may change the address to which notice to it, or copies thereof,
shall be addressed by giving notice thereof to the other Party hereto in conformity
with the following. All notices and other communications permitted or required by the
terms of this Agreement shall be in writing and sent via any of the following methods to
the Parties hereto at the addresses set forth below. Notice shall be deemed given: (a) upon
receipt if sent by certified or registered mails, postage prepaid, return receipt requested, (b)
20
on the day it is sent if by facsimile on a business day during normal business hours, or the
next business day thereafter if sent on a non-business day or after normal business hours
(with confirmation of transmission by sender's facsimile machine) and a copy
simultaneously sent by nationally recognized overnight courier, (c) upon delivery if sent
by personal delivery (with written confirmation of delivery), or (d) upon delivery if by sent
by nationally recognized overnight carrier (with written confirmation of delivery). The
addresses of the Parties are:
To:
Attn: Christopher Anderson, Board President
2118 Holswade Drive
Huntington, WV 25701
Facsimile:
To:
Accel Schools East LLC
Attn: Chief Operating Officer
1650 Tysons Boulevard, Suite 600
McLean, VA 22102
13.7 Assignment. Neither Party may assign this Agreement without the prior written consent of
the other Party (which consent shall not be unreasonably withheld). Notwithstanding the
foregoing, Manager may, without prior written consent from or notice to the School, assign
this Agreement to its Affiliates or in connection with a merger, acquisition, asset sale or
corporate reorganization and may without the consent of the School, delegate the
performance of but not responsibility for any duties and obligations of Manager hereunder
to any Affiliate, independent contractors, experts or professional advisors.
13.8 Amendment and Cumulative Effect. This Agreement will not be altered, amended,
modified or supplemented except in a written document approved by the School and signed
by both the Board President or other authorized officer of the School and an authorized
officer of Manager. The rights and remedies of the Parties hereto are cumulative and not
21
exclusive of the rights and remedies that they otherwise might have now or hereafter, at
law, in equity, by statute or otherwise.
13.9 Waiver and Delay. Except to the extent that a Party hereto may have otherwise agreed
in writing, no waiver by that Party of any condition of this Agreement or breach by the
other Party of any condition of this Agreement or breach by the other Party of any of
its obligations or representations hereunder or thereunder shall be deemed to be a
waiver of any other condition or subsequent or prior breach of the same or any other
obligation or representation by the other Party, nor shall any forbearance by a Party to
seek a remedy for any noncompliance or breach by the other Party be deemed to be a
waiver by the first Party of its rights and remedies with respect to such noncompliance
or breach.
13.10 Severability. If any term, condition or provision of this Agreement is invalid, illegal or
incapable of being enforced by any rule of law or public policy, all other terms, conditions
and provisions of this Agreement shall nevertheless remain in full force and effect so long
as the economic or legal substance of the transactions contemplated hereby is not affected
in any manner adverse to either Party. Upon such determination that any term, condition
or provision is invalid, illegal or incapable of being enforced, the Parties shall negotiate in
good faith to modify this Agreement so as to effect the original intent of the Parties as
closely as possible in an acceptable manner to the extent that the transactions contemplated
hereby are fulfilled to the extent possible.
13.11 Assertion of Claims. No Party shall bring any claim relating to this Agreement beyond one
year after the date on which the Party became aware, or should reasonably have become
aware, of the facts giving rise to any alleged liability of the other Party and, in any event,
no later than two (2) years after (a) the last day of the Term, or (b) the earlier termination
of this Agreement for any reason. The provisions of the preceding sentence shall not apply
to claims for payment of amounts due under the “Fees” Section of this Agreement or loans.
22
ordinary course of business. If a dispute is not resolved in the ordinary course of business,
the aggrieved Party will submit its dispute in writing to the Board’s president and
Manager’s Chief Operating Officer or equivalent who shall have ten (10) business days to
seek resolution of the matter. The dispute resolution procedures described herein will be
deemed complete upon the earlier to occur of the following:
(i) the Parties mutually agree in writing to discontinue the dispute resolution
procedures herein; and
(ii) the relevant dispute is not resolved within the time periods provided herein.
(c) Arbitration. Subject to the provisions of Sections 13.12(a) and 13.12(d), any dispute
arising out of or relating to this Agreement, including but not limited to the breach,
termination or validity hereof, shall be settled by confidential, binding arbitration in
accordance with the rules of JAMS with an arbitration panel consisting of a single
arbitrator. The need for and scope of formal discovery will be determined by agreement of
the Parties or, if the Parties are unable to agree, the arbitrator. The arbitrator will render an
opinion/award within thirty (30) days from the date of the hearing, and the opinion/award
shall be written and include findings of fact and conclusions of law. The arbitration will be
governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, and judgment upon the award
rendered by the arbitration panel may be entered by any court having jurisdiction thereof.
The arbitrator is not empowered to award any damages or losses described in the
“Limitations of Liability” Section and each Party expressly waives and foregoes any right
to the damages or losses.
(d) Exceptions. Notwithstanding anything else in this Agreement, claims for monies due
and claims for injunctive relief as provided for in Section 13.12(a) above, and/or claims
for grant or financial assistance reimbursement due may at either Party's option be
brought separately and immediately in a court of competent jurisdiction or pursued
through arbitration as set forth above.
(e) Shared Fees and Expenses. The fees and expenses of the arbitration panel should be shared
equally by the Parties before the arbitration award is made. The arbitration award shall
require the Party which does not prevail in the arbitration to reimburse the prevailing Party
for the one half of the fees and expenses of arbitration panel paid by the prevailing Party.
13.13 Survival on Termination or Expiration. The following Articles and/or Sections shall
survive termination or expiration of this Agreement: Consideration and Supplemental
Programs (to the extent they relate to amounts owing for periods through the expiration or
termination of this Agreement); Non-Solicitation/Non-Hiring; Termination of Agreement
(to the extent they relate to obligations after expiration and termination); Proprietary
Information, Ownership and License; Indemnification and Limitations of Liabilities;
Confidentiality and Non-Disclosure; Interpretation, Sole Agreement and Third Party
Beneficiaries; Governing Law, Jurisdiction and Waiver of Jury Trial; Construction;
Counterparts; Notices; Assignment; Amendment and Cumulative Effect; Waiver and
Delay; Severability; Assertion of Claims; Injunctive Relief and Dispute Resolution;
Survival on Termination or Expiration; payment obligations and any provision that, based
on its nature, should survive.
23
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date
and year first above written.
By: By:
Name: Name:
Title: Title:
24
Nitro Preparatory Academy: Appendix F
Proposed Lease
Accel Draft 8/27/21
LEASE AGREEMENT
THIS LEASE AGREEMENT (this “Lease”) is made effective as of [________ ___, 202_]
(the “Effective Date”), by and between __________________________, a Delaware limited
liability company (“Landlord”) and _______________________, a(n)
__________________________ (“Tenant”), pursuant to which said parties do hereby agree
as follows:
1. PREMISES. Landlord hereby leases to Tenant and Tenant leases from Landlord, upon the
terms and conditions set forth in this Lease, that certain real property with a street address of
_____________________________________________, as more particularly described on
Exhibit A attached hereto, together with all appurtenances thereto and all improvements, fixtures
and equipment thereon (collectively, the “Premises”), subject to all easements, reservations,
limitations and restrictions of record.
2. TERM.
2.1. Initial Term. The “Term” of this Lease shall commence on [July 1, 2022], and expire
on [June 30, 2027]. As used herein, a “Lease Year” shall mean a period of twelve (12) months
commencing on July 1 of each year and running through June 30 of the following year.
2.2. Renewal Options. Provided Tenant is not then in default of any of the terms and
conditions of this Lease, Tenant shall have the right to extend the Term for ________ (__) renewal
term(s) of ________ (__) years each (each, a “Renewal Term” and collectively, the “Renewal
Terms”). In order to exercise a renewal option, Tenant must deliver written notice to Landlord of
such exercise at least one hundred eighty (180) days prior to the expiration of the then current
Term.
3. RENT.
3.1. On or before the fifth (5th) day of every month during the Term, in advance, the Tenant
shall pay to Landlord as rent for the use of the Premises (“Base Rent”) in equal monthly
installments equal to fourteen percent (14%) of Tenant’s Qualified Funding. As used herein,
“Qualified Funding” shall mean all state and local funding received by Tenant directly or
indirectly, pursuant to the West Virginia Code, including (a) any per-student funding received in
respect of the particular students enrolled at the school operated by Tenant in accordance with
Section 4 and (b) facilities funding. There shall be no cap on the amount of Base Rent increases.
Base Rent shall be payable by Tenant without demand, setoff, or deduction, provided,
however,(x) if the Tenant or any authority controlling Tenant takes any action that has the effect
of limiting Tenant’s enrollment (including, without limitation, overall enrollment caps, per class
caps, decreasing student-to-teacher ratios, reducing grade levels, instituting or increasing
admission requirements), then Base Rent shall immediately and automatically be adjusted such
that monthly installments of Base Rent following such adjustment shall be fixed in an amount
equal to one hundred twenty percent (120%) of the then-most-recent monthly installment of Base
Rent (as calculated based on Qualified Funding), subject to two percent (2%) escalations effective
annually on the anniversary of such adjustment (or if such adjustment occurred on a day other than
the first day of the month, then on the first day of the month following the month during which
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said anniversary shall occur); and (y) if the management agreement or similar contract between
Landlord (or its affiliate) and Tenant expires or terminates for any reason during the Term or any
Renewal Term, Base Rent shall immediately and automatically be adjusted in the same manner as
described in clause (x) above except that the monthly installment of Base Rent, as adjusted, shall
be fixed in an amount equal to one hundred fifty percent (150%) of the then-most-recent monthly
installment of Base Rent, subject to two percent (2%) escalations effective annually on the
anniversary of such adjustment (or if such adjustment occurred on a day other than the first day of
the month, then on the first day of the month following the month during which said anniversary
shall occur). Notwithstanding anything to the contrary set forth herein, Qualified Funding shall
expressly exclude funds from charitable contributions; transportation funding/reimbursements;
Grant Revenue; facility funding not described above; special education funding; private grants
unless solicited, prepared, procured, and written by Tenant’s management company or its affiliates;
PTA/PTO income; casino revenue; or proceeds from fundraisers. “Grant Revenue” shall mean,
for purposes of this Lease, all revenue received as a result of any application submitted by or on
behalf of Tenant or any funding agreement reached by or on behalf of Tenant, or any Title funding
received directly or indirectly from the federal government, including but not limited to National
School Lunch Program, Medicaid, Individuals with Disabilities Education Act, Every Student
Succeeds Act, Comprehensive Continuous Improvement Plan, and any other grants or funds for
facilities, professional development, replication, transportation, or other needs of Tenant not
otherwise described above. Rent shall be reconciled on an annual basis at the end of each school
year, such that any underpayment by Tenant shall be paid to Landlord within ten (10) days
thereafter and any overpayment by Tenant shall be refunded to Tenant within ten (10) days
thereafter. Landlord shall have the right, at any time and from time to time, to inspect or audit (or
hire an independent public accountant to inspect or audit on Landlord’s behalf) Tenant’s books and
records pertaining to the percentage calculations of the Base Rent. Base Rent applicable to any
partial month shall be prorated.
3.2. Additional Rent. All sums, charges, or amounts of whatever nature to be paid by Tenant
to Landlord under this Lease, other than Base Rent, shall be referred to herein as “Additional
Rent.” Base Rent and Additional Rent are collectively referred to herein as “Rent.”
3.3. Payment of Rent. Rent shall be paid to Landlord at the address stated herein or to such
other person or at such other place as Landlord may designate by advance written notice as
provided herein. Tenant will cause all Rent payable to Landlord under this Lease to be received by
Landlord in lawful money of the United States on or before the day on which it is due, without
demand, offset or deduction. Rent for any period during the Term hereof which is for less than one
full calendar month shall be prorated based upon the actual number of days of such month.
Payments made after the fifth (5th) day of the month (or the fifth (5th) day after such payment is
due in the case of Additional Rent payable on any day other than the first day of the month) shall
be assessed a late fee equal to five percent (5%) of the outstanding amount and shall bear interest
at the lower of eighteen percent (18%) per annum or the highest rate allowable under applicable
Law.
3.4. Triple-Net Lease. This Lease shall be deemed and construed to be a “triple-net lease.”
It is the intent of the parties hereto that the Base Rent payable under this Lease shall be an
absolutely net return to Landlord and that Tenant shall pay all costs and expenses relating to the
Premises except as otherwise expressly set forth in this Lease. Any amount or obligation herein
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relating to the Premises that is not expressly declared to be that of Landlord shall be deemed to be
an obligation of Tenant to be performed by Tenant at Tenant’s expense and Tenant shall indemnify
Landlord against, and hold Landlord harmless from, the same, and Tenant’s liability for the
payment of any of the same which shall become payable during the Term is hereby expressly
provided to survive the Term. It is the intention of the parties hereto that the obligations of Tenant
hereunder shall be separate and independent covenants and agreements, that the Base Rent, the
Additional Rent, and all other sums payable by Tenant hereunder shall continue to be payable in
all events, and that the obligations of Tenant hereunder shall continue unaffected, unless the
requirement to pay or perform the same shall have been terminated pursuant to an express
provision of this Lease.
4. USE. The Premises shall be used for a charter school location known as
[NAME OF SCHOOL] under applicable West Virginia school law and for purposes associated
therewith and for related administrative school uses (the “Permitted Use”). Tenant covenants and
agrees that at all times during the Term the Premises shall be used only for the Permitted Use and
for no other use whatsoever without the prior written consent of Landlord. Throughout the Term,
Tenant agrees to comply with the Rules and Regulations attached hereto as Exhibit B. Tenant shall
comply, at Tenant’s sole cost and expense, with all laws, rules, orders, ordinances, directions,
regulations, and requirements of federal, state, and municipal authorities, now in force, or which
may hereinafter be in force, including, but not limited to, the Americans with Disabilities Act
(collectively, the “Laws”) affecting the use, occupancy, or alteration of the Premises. Tenant shall
be responsible for taking all necessary corrective action required in the event that a determination
is made that Tenant is not in compliance with the Laws. Tenant shall not do or permit to be done
in or about the Premises anything which is illegal or unlawful or which is of a hazardous or
dangerous nature. Tenant shall obtain all permits, licenses, certificates, or other authorizations and
any renewals, extensions, or continuances of the same required in connection with the Permitted
Use. Neither a failure on the part of Tenant to procure such permits, licenses, certificates, or other
authorizations, nor the revocation of the same, shall in any way affect the liability of Tenant for
payment of Rent herein reserved or the performance or observance of any of the covenants or
conditions herein contained on Tenant’s part to be performed and observed.
5. QUIET ENJOYMENT. Landlord covenants and agrees that so long as Tenant observes and
performs all of the agreements and covenants required of it hereunder, Tenant shall peaceably and
quietly have, hold, and enjoy the Premises for the Term without any encumbrance or hindrance by
Landlord.
6. UTILITIES. Tenant shall pay for all utilities used by it, including, gas, electricity, water,
sewerage services, and waste pick up consumed and used in connection with the Premises. Tenant
shall also be responsible for the telephone service to the building located on the Premises (the
“Building”), including a dedicated line for the fire alarm system if required by applicable Laws.
Tenant also agrees to pay for the maintenance and monitoring service for the fire alarm system and
the security system. Landlord does not warrant that any utility will be free from interruption, and
the interruption of any utility shall not be deemed an eviction or disturbance of Tenant’s use and
possession nor render Landlord liable to Tenant for damage by abatement of Rent or otherwise nor
relieve Tenant from performance of its obligations under this Lease.
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7. ASSIGNMENT AND SUBLETTING. Tenant shall not have the right to assign this Lease,
or sublease all or a part of the Premises, without first obtaining Landlord’s written consent. Any
attempted assignment or subletting in violation of this provision shall be null and void. If Tenant
is a corporation or limited liability company, then any transfer of this Lease by merger,
consolidation or liquidation or any change (in any single transaction or series of related
transactions) in the ownership of, or power to vote the majority of, its outstanding voting stock or
membership interests, shall constitute an assignment for the purposes of this paragraph. If Tenant
is a partnership, then any change in the identity of any partner shall constitute an assignment for
the purposes of this paragraph. In the event of any assignment or subletting, Tenant shall
nevertheless remain primarily liable for the payment of Rent and the performance of all obligations
under the terms of this Lease. Such assignment or sublease shall not be effective unless and until
the assignee or subtenant shall assume the performance of all the terms, conditions, duties, and
obligations of this Lease without, however, releasing the liability of Tenant, and shall deliver to
Landlord an executed copy of such instrument of assumption. If written consent is once given by
Landlord to any such assignment or subletting, such consent shall not operate as a waiver of the
necessity for obtaining Landlord’s written consent to any subsequent assignment or subletting. If
this Lease be assigned or if the Premises or any part thereof be sublet or occupied by anybody
other than Tenant, Landlord may, after default by Tenant, collect Rent directly from the assignee,
subtenant or occupant, and apply the net amount collected to the Rent herein reserved, but no such
assignment, subletting, occupancy, or collection shall be deemed a waiver of any of Tenant’s
covenants contained in this Lease or the acceptance of such assignee, subtenant, or occupant as
Tenant, or a release of Tenant from further performance by Tenant of covenants on the part of
Tenant herein contained.
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notice, Landlord may, but is not obligated to, pay off or discharge such lien. The amount so paid
by Landlord shall be deemed Additional Rent under this Lease and shall be due and payable by
Tenant immediately upon demand by Landlord.
9.2. Surrender. Upon the expiration or earlier termination of the Term, Tenant shall
surrender the Premises in broom clean condition in as good order, repair, and condition as the same
were in at the commencement of the Term, damage by fire and items covered by extended coverage
insurance, unavoidable casualty and reasonable wear and tear excepted, as well as any alterations
permitted by Landlord, unless Landlord shall request Tenant to remove the same on or before
expiration or sooner termination of this Lease. All of Tenant’s furniture, personal property, and
trade fixtures not removed from the Premises at termination of this Lease shall thereupon be
conclusively presumed to have been abandoned by Tenant and forthwith become Landlord’s
property; provided, however, that Landlord may require Tenant to remove such furniture, personal
property, or trade fixtures or, as Tenant’s agent, may have such items removed at Tenant’s expense.
Tenant’s obligations set forth in this Section shall survive expiration or termination of this Lease.
10. TAXES.
10.1. Payment of Taxes. Tenant, during the Term, shall pay promptly when due all real estate
taxes and assessments which may be imposed upon the Premises. Tenant shall promptly furnish
Landlord with satisfactory evidence that such taxes have been paid. Tenant shall pay all taxes
assessed against and levied upon Tenant’s trade fixtures, and all other personal property of Tenant
contained in the Premises. The parties hereto shall cooperate to obtain a tax exemption for the
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Premises and if and when so granted the Tenant shall bear no property taxes for said Premises
during such exemption period.
10.2. Definition of “Real Estate Taxes”. As used herein, the term “real estate tax” includes
any form of assessment, license fee, rent tax, levy, penalty, or tax imposed by any authority having
the direct or indirect power to tax, including any city, county, state, or federal government, or any
school, agricultural, lighting, drainage, or other improvement district thereof, upon any legal or
equitable interest of Landlord in the Premises, upon Landlord’s right to rent or business of leasing
the Premises, or upon Tenant’s use or occupancy of the Premises.
11. INSURANCE.
11.1. Tenant will, at all times during the Term, at its own cost, maintain, with companies
reasonably acceptable to Landlord, rated A-XII or better as set forth in the most current “Best’s
Key Rating Guide” and which shall be licensed to do business in the State of West Virginia: (a)
commercial general liability and property damage insurance, on an occurrence basis, with
combined single liability limits of not less than One Million Dollars ($1,000,000) per occurrence,
Two Million Dollars ($2,000,000) aggregate, covering Tenant’s activities and operations in the
Premises, (b) property insurance in an amount equal to the full replacement cost of the Premises
and all improvements thereon, including protection against all perils included within the
classification of fire, extended coverage, vandalism, malicious mischief, special extended perils
(all risk), sprinkler leakage, rent loss insurance for actual loss sustained and any other perils which
Landlord deems reasonable or necessary, (c) causes of loss-special form property insurance
covering Tenant’s personal property, trade fixtures and the leased FF&E for its full replacement
cost, (d) workers’ compensation insurance in at least the minimum limits of coverage required by
law, (e) if applicable, employer’s liability insurance in an amount of One Million Dollars
($1,000,000) per person for each accident, or disease, and (f) any other insurance which Landlord
may reasonably request from time to time during the Term. Notwithstanding anything contained
herein to the contrary, all insurance minimum coverage amounts specified in this Section 11 may
be increased from time to time, as deemed reasonably necessary by Landlord.
11.2. Tenant shall only maintain such deductibles or self-insured retentions applicable to
property and liability insurance coverages as are approved by Landlord. Tenant shall have sole
responsibility for the payment of all deductibles or self-insured retentions, and all policies of
insurance that include deductibles or self-insured retentions shall clearly state that such deductibles
or self-insured retentions apply only to Tenant and not to Landlord. Tenant’s policies shall name
Landlord and any other person or entity reasonably designated by Landlord, as additional insureds
or loss payees, as applicable, as their interests appear. Promptly following the execution of this
Lease (and in any event prior to the commencement of the Term), Tenant shall provide Landlord
with certificates of the insurance policies herein required of Tenant which shall indicate that the
insurance policies are in full force and effect. Tenant covenants that certificates of all of the
insurance policies required under this Lease, and their renewal or replacement, shall be delivered
to Landlord once a year. Such policy or policies shall also provide that it shall not be canceled
without thirty (30) days’ prior written notice to Landlord. If Tenant fails to supply and maintain
any such insurance, Landlord shall have the right, but not the obligation, to purchase such
insurance, or any part thereof, and the cost of such insurance shall, immediately upon demand by
Landlord, become due and payable as Additional Rent hereunder.
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11.3. Landlord and Tenant, up to the monetary limits of their respective insurance policies,
each waive any and all rights that either party may have against the other, and release each other
from all liability or responsibility to the other or to anyone claiming through or under them (by
way of subrogation or otherwise), for any loss or damage to the Premises, any alterations or
fixtures, or any trade fixtures or other personal property of any kind or nature whatsoever, which
loss or damage is caused by or results from a risk insured against under any insurance policy, in
force at the time, carried by the party suffering the loss or damage, notwithstanding that such loss
or damage was caused by the fault or negligence of such other party, its agents, servants,
employees, representatives, contractors, licensees, invitees, or guests. Both Landlord and Tenant
shall obtain a waiver of subrogation from their respective insurance company. Any increased
premium cost incurred by Landlord or Tenant by reason of such waiver shall be paid by the party
incurring such increased premium.
12. INDEMNIFICATION. To the fullest extent permitted by law, Tenant shall indemnify, defend,
and hold harmless Landlord and its affiliates and their respective members, managers, directors,
shareholders, officers, employees, attorneys, and agents from and against any and all claims,
demands, causes of action, judgments, costs, expenses, and all losses and damages (including
consequential and punitive damages and attorney’s fees) arising from the use of the Premises by
Tenant, its employees, agents, clients, invitees, and guests, or from the conduct of its business or
from any activity, work, or other acts or things done, permitted, or suffered by Tenant in or about
the Premises, or arising from any breach or default in the performance of any obligation on
Tenant’s part to be performed under the terms of this Lease, or arising from any negligence or
willful or criminal misconduct of Tenant, or any member, manager, shareholder, director, officer,
agent, employee, independent contractor, guest, or invitee thereof, and from all costs, reasonable
attorney’s fees and disbursements, and liabilities incurred in the defense of any such claim or any
action or proceeding which may be brought against Landlord or which arise out of or are in any
way related to this Lease. Nothing contained herein shall be construed to indemnify Landlord for
its own acts. The provisions of this Section shall survive the expiration or earlier termination of
this Lease.
13.1. Total Destruction. If a substantial and material portion of the Premises are damaged by
fire or any other casualty, Tenant shall deliver to Landlord, within thirty (30) days of the date of
damage, a statement prepared by an independent reputable contractor setting forth the contractor’s
estimate of the time required to repair the damage (the “Repair Period”). For purposes of
determining the Repair Period, it shall be deemed to commence on the date of the damage. If the
Repair Period is determined to be longer than two hundred seventy (270) days, then either party
shall have the right to terminate this Lease upon written notice delivered to the other party within
thirty (30) days after Landlord’s receipt of the Repair Period notice. Such termination shall be
effective at the end of such 30-day period, and Tenant’s liability for Rent shall cease as of the day
following the casualty and any Rent paid by Tenant in advance and not yet earned as of the date of
termination shall be refunded to Tenant within thirty (30) days after such termination.
13.2. Partial Destruction. If, however: (a) neither party elects to terminate this Lease within
said 30-day period, or (b) the Premises are damaged or destroyed by fire, earthquake or any other
casualty to such extent that the repair and restoration can reasonably be substantially completed
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within two hundred seventy (270) days after the date of such casualty, then Tenant shall promptly
repair and restore the damaged portion to the condition existing immediately prior to such casualty.
All such repairs and restoration shall be performed in a diligent and workmanlike manner and
completed by Tenant at its expense.
13.3. Insurance Proceeds. If the cost to reconstruct or repair the Premises to a condition equal
to or better than the condition prior to such fire or other casualty is greater than the insurance
proceeds received by Tenant, then Tenant shall pay any and all additional amounts necessary to
complete the reconstruction or repairs. In the event of a casualty, Tenant’s liability for Base Rent
shall not cease or be reduced. If Landlord or Tenant terminates this Lease as provided in this
Section 13, then Landlord shall be entitled to retain all insurance proceeds paid, or to be paid,
pursuant to Tenant’s fire and extended coverage insurance policies.
14. CONDEMNATION. If all of the Premises is taken under the power of eminent domain, or
sold under the threat of the exercise of said power (all of which are herein called “condemnation”),
this Lease shall automatically terminate as of the date the condemning authority takes title or
possession, whichever occurs first. If a portion, but not all, of the Premises is taken by
condemnation, this Lease shall automatically terminate as to the portion of the Premises so taken
as of the date the condemning authority takes title or possession, whichever occurs first. The Base
Rent shall not, however, be reduced. In the event of any condemnation, Landlord shall be entitled
to the entire award or compensation paid by the condemning authority, and Tenant hereby assigns
to Landlord all rights to damages on account of any such condemnation. The foregoing
notwithstanding, to the extent that the same does not diminish Landlord’s or its mortgagee’s award,
Tenant may keep any award made directly to Tenant by the condemning authority as compensation
for moving expenses or the taking of Tenant’s leasehold improvements, trade fixtures or
alterations, if any.
15.1. Tenant Default. The occurrence of any one or more of the following events (each
hereinafter referred to as an “Event of Default”) shall constitute a breach of this Lease by Tenant:
(a) The failure by Tenant to make any payment of Rent or any other payment required to
be made by Tenant hereunder, as and when due, where the failure continues for a
period of five (5) days after such payment was due.
(b) The failure by Tenant to observe or perform any of the covenants, conditions, or
provisions of this Lease to be observed or performed by Tenant, other than those
described in subparagraph (a) above or subparagraphs (i) through (k) below, where
the failure continues for a period of thirty (30) days after notice thereof from Landlord
to Tenant; provided, however, that if the nature of Tenant’s default is such that more
than thirty (30) days are reasonably required for its cure, then Tenant shall not be
deemed to be in default if Tenant commences such cure within the thirty (30) day
period and thereafter diligently completes the cure.
(c) The making by Tenant of any general assignment, or general arrangement for the
benefit of creditors.
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(g) The attachment, execution or other judicial seizure of substantially all Tenant’s assets
located at the Premises or of Tenant’s interest in this Lease, if the seizure is not
discharged within thirty (30) days.
(h) If the Tenant vacates, abandons or deserts the Premises or if the Tenant fails to occupy
the Premises for more than thirty (30) consecutive days (provided that a scheduled
recess or break from academic activities in the ordinary course of business of the
Tenant shall not be deemed to be a failure to occupy the Premises).
(i) The failure to provide reasonable evidence of any insurance required to be carried by
Tenant pursuant to this Lease.
(j) The failure of Tenant to perform any of the covenants, conditions, or provisions of
this Lease which endangers or threatens life or property if such failure is not cured as
soon as commercially reasonable but in no event more than three (3) business days
following written notice to Tenant of such failure.
(k) Tenant’s failure to deliver the Premises to Landlord at the expiration or earlier
termination of this Lease in the condition specified in this Lease.
15.2. Remedies upon Tenant’s Default. In the event of any Event of Default, Landlord may,
in addition to any other remedies which may be available to Landlord at law or in equity, do any
of the following:
(a) Terminate this Lease and, upon such termination, Tenant shall immediately surrender
possession of the Premises in the condition required by Section 9.2 and this Lease
shall come to an end and expire, but the Tenant shall remain liable as set forth below.
In the event of any such termination, Landlord, at its option, may (i) accelerate and
declare the entire remaining unpaid Rent for the balance of the Term hereof to be
immediately due and payable, or (ii) Landlord shall be entitled, at its option, to obtain
from Tenant, and Tenant shall pay to Landlord (y) the Rent payable hereunder up to
the time of termination and (z) thereafter until the expiration of the Term, whether or
not the Premises shall be relet and as and when due in accordance with the provisions
hereof, the Rent payable hereunder as if this Lease had remained in effect less the net
proceeds to Landlord of any reletting of the Premises, after deducting all expenses in
connection with such reletting, including without limitation, all costs, fees and
expenses of repossession, brokers, advertising, attorneys, courts, repairing, cleaning,
repainting, and remodeling the Premises for reletting.
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(b) Either with or without terminating this Lease, the Landlord may terminate Tenant’s
right to possession of the Premises and expel Tenant and those claiming under it and
remove their effects without being guilty of any manner of trespass and Landlord may
relet the whole or any part of the Premises from time to time, either in the name of
the Landlord or otherwise, to such tenant or tenants, for such term or terms ending
before, on or after the expiration of this Lease, at such rental or rentals and upon such
other conditions, which may include concession and free rent periods, as the
Landlord, in its sole discretion, may determine. Tenant hereby constitutes Landlord
its attorney-in-fact to take any and all actions necessary or incidental to such reletting.
In no event shall any such reletting, or any failure to relet, operate to relieve Tenant
of any liability under this Lease or otherwise affect any such liability; and Landlord
may make such repairs, replacements, alterations, additions, improvements,
decorations and other physical changes in and to the Premises as Landlord, in its sole
discretion, considers advisable or necessary in connection with any such reletting or
proposed reletting, without relieving Tenant of any liability under this Lease or
otherwise affecting such liability. No action by Landlord, including termination of
Tenant’s right to possession of the Premises, shall be deemed a termination of this
Lease unless expressly so designated by Landlord in writing.
(c) Landlord may, at its option, remedy such Event of Default and Tenant shall reimburse
Landlord for all costs and expenses incurred by Landlord in connection therewith
immediately upon demand by Landlord. No actions taken by Landlord pursuant to
this Section 15.2(c) shall relieve or excuse Tenant from any of its duties or obligations
or be deemed to have cured or avoided any Event of Default.
(d) Landlord shall have the right to recover the Rent and all other amounts payable by
Tenant hereunder as they become due and all other damages incurred by Landlord as
a result of an Event of Default, including, without limitation, attorneys’ fees and any
costs of reletting (including without limitation, all costs, fees and expenses of
repossession, brokers, advertising, attorneys, courts, repairing, cleaning, repainting,
and remodeling the Premises for reletting) and costs incurred by Landlord as a result
of the breach of lease by Tenant. No remedy herein or otherwise conferred upon or
reserved to Landlord shall be considered exclusive of any other remedy but the same
shall be cumulative and shall be in addition to every other remedy given hereunder or
now or hereafter existing at law or in equity or by statute, and every power and remedy
given by this Lease to Landlord may be exercised from time to time and as often as
the occasion may arise or as may be deemed expedient. No delay or omission of
Landlord to exercise any right or power arising from any default shall impair any such
right or power or shall be construed to be a waiver of any such default or any
acquiescence therein. The rights herein given to receive, collect, sue for or distrain
for any rent or rents, monies or payments, or to enforce the terms, provisions and
conditions of this Lease, or to prevent the breach of non-observance thereof, or the
exercise of any such right or of any other right or remedy hereunder or otherwise
granted or arising, shall not in any way affect or impair or toll the right or power of
Landlord to declare the Term hereby granted ended and to terminate this Lease as
herein provided because of any Event of Default.
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15.3. Landlord’s Default. Landlord shall not be in default under the terms of this Lease unless
Landlord fails to perform obligations required of it hereunder within thirty (30) days after
Landlord’s receipt of notice of such failure from Tenant; provided that if the nature of Landlord’s
obligation is such that more than thirty (30) days are reasonably required for performance, then
Landlord shall not be in default if Landlord commences performance within the thirty (30) day
period and thereafter diligently pursues the same to completion.
16. HOLDING OVER. If Tenant remains in possession of the Premises after the expiration or
termination of this Lease, and without the execution of a new Lease, Tenant shall be deemed to be
occupying the Premises as a Tenant from month-to-month, subject to all of the conditions,
provisions and obligations of this Lease insofar as they are applicable to a month-to-month tenancy
except that rent shall increase to an amount equal to one hundred fifty percent (150%) of its then
current rate as of the last month of the Term. Nothing contained herein shall be construed as
consent by Landlord to any holding over or continued holding over by Tenant. In the event that
Tenant holds over, Tenant shall indemnify and hold Landlord harmless from any and all loss or
liability resulting from such failure to surrender possession of the Premises at the expiration or
earlier termination of the Term, including any claims made by any succeeding tenant founded on
such failure.
17. SIGNS. Tenant may erect such signs on the exterior or interior of the Premises as Tenant may
deem desirable, subject to Landlord’s approval. Tenant’s signage must comply with any applicable
Laws. Tenant shall remove any such signs prior to the termination of this Lease, and restore its
location to a condition at least equal to its condition at the time of the installation of such sign, all
at Tenant’s sole cost. Tenant’s obligations set forth in this Section shall survive expiration or
termination of this Lease.
18. LANDLORD’S ACCESS. Landlord and Landlord’s agent shall have the right to enter the
Premises with twenty-four (24) hours’ advance notice (except in the event of an emergency, in
which event no advance notice shall be required) for the purpose of inspecting, repairs,
improvements or additions to the Premises, for exhibiting the Premises to a prospective lender or
tenant, or as Landlord otherwise deems reasonably necessary.
19. NOTICES. All acceptances, approvals, consents, notices, demands or other communications
required or permitted to be given or sent by either party to the other (“Notices”) shall be in writing
and shall be deemed to have been received upon delivery (or upon refusal of acceptance of
delivery) when delivered (a) in person, or (b) by an overnight delivery service when sent by an
overnight delivery service that maintains records of receipt, or (c) by United States certified mail
with postage prepaid. All Notices shall be addressed to:
TENANT: __________________________
__________________________
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__________________________
Attn:______________________
The address to which any such written communication may be given or sent to either party
may be changed by written notice given by such party as above provided.
20. SEVERABILITY; CHOICE OF LAW. The invalidity of any provision of this Lease, as
determined by a court of competent jurisdiction, shall in no way affect the validity of any other
provision hereof. This Lease shall be governed by the laws of the state of West Virginia and the
venue shall be [______] County, West Virginia. The language in all parts of this Lease shall be
construed as a whole according to its fair meaning, and not strictly for or against either Landlord
or Tenant.
21. EFFECT OF WAIVERS. No waiver by Landlord or Tenant of any provision hereof shall be
deemed a waiver of any other provision or of any subsequent breach by Tenant or Landlord of the
same or any other provision. Landlord’s consent to or approval of any act by Tenant shall not be
deemed to render unnecessary the obtaining of Landlord’s consent to or approval of any
subsequent act by Tenant.
23. BINDING EFFECT. This Lease shall bind the parties hereto and their personal
representatives, successors and assigns.
25. BROKERAGE. Tenant covenants and agrees to save Landlord harmless from any and all
claims for brokerage fees arising out of this Lease, which covenant and agreement shall be binding
upon the successors and assigns of Tenant. Landlord represents and warrants to Tenant it has not
engaged the services of a broker in connection with this Lease.
26. SECURITY DEPOSIT. Simultaneously with Tenant’s execution of this Lease, Tenant shall
pay to Landlord a security deposit in the amount of [_________________________ Dollars
($________________)] (the “Security Deposit”), as security for the performance of Tenant’s
obligations hereunder, including the payment of all Rent. In the event of a default by Tenant,
Landlord at its option may apply such part of the Security Deposit as may be necessary to cure the
default, and if Landlord does so, Tenant shall, within five (5) days after receipt of demand therefor,
redeposit with Landlord an amount equal to that so applied so that Landlord will have the full
Security Deposit on hand at all times during the Term of this Lease. Upon the termination of this
Lease, provided Tenant is not in default hereunder, Landlord shall refund to Tenant any then
remaining balance of the Security Deposit, without interest. In the event of a sale or ground lease
of the Premises, Landlord shall have the right to transfer the Security Deposit to the lender or
tenant and Landlord shall thereupon be released by Tenant from all liability for the return of the
Security Deposit; and Tenant agrees to look solely to the new landlord for the return of the Security
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Deposit; and it is agreed that the provisions hereof shall apply to every transfer or assignment made
of the Security Deposit to a new landlord.
27. SUBORDINATION. This Lease is and shall automatically be subordinate to any and all
mortgages and other security instruments now existing, or which may hereafter be made by
Landlord, its successors or assigns covering the Premises or any portion or portions thereof, and
for the full amount of all advances made or to be made thereunder (without regard to the time or
character of such advances), together with interest thereon, and subject to all the terms and
provisions thereof and to any renewals, extensions, modifications and consolidations thereof. The
agreements contained in this Section 27 shall be effective without the execution of any further
documents; provided, however, that Tenant shall, within ten (10) days after written request by
Landlord or its lender(s), make, execute, acknowledge and deliver any and all documents requested
by Landlord or its lender(s) which are or may be necessary or desirable for more fully and certainly
assuring the subordination of this Lease to any such mortgages or other security instruments. If
Tenant fails to execute any such document within such ten (10) day period, Tenant hereby appoints
Landlord as the attorney-in-fact of Tenant, coupled with an interest, to execute and deliver such
document for and in the name of Tenant. Any person or persons purchasing or otherwise acquiring
any interest at any sale and/or other proceedings under such mortgages or other security
instruments may elect to continue this Lease in full force and effect in the same manner, and with
like effect as if such person or persons had been named as Landlord herein, and in the event of
such election, this Lease shall continue in full force and effect as aforesaid, and Tenant hereby
attorns and agrees to attorn to such person or persons.
28. ESTOPPEL CERTIFICATES. Tenant shall, within ten (10) days after written request by
Landlord, execute, acknowledge and deliver to Landlord, in form reasonably satisfactory to
Landlord or Landlord’s mortgagee or purchaser, a written statement certifying (if true) that this
Lease is unmodified and in full force and effect (or, if there have been modifications, that the same
is in full force and effect as modified and stating the modifications), that Landlord is not in default
hereunder, the date to which the Rent and other charges have been paid and such other information
as may reasonably be required by Landlord. It is intended that any such statement delivered
pursuant to this Section may be relied upon by any prospective purchaser or mortgagee of the
Premises and their respective successors and assigns. If Tenant fails to execute any such document
within such ten (10) day period, Tenant hereby appoints Landlord as the attorney-in-fact of Tenant,
coupled with an interest, to execute and deliver such document for and in the name of Tenant.
29. HAZARDOUS MATERIALS. Tenant shall not cause or permit any Hazardous Materials (as
defined herein) to be generated, used, released, stored, or disposed of in or about the Premises.
Tenant shall indemnify and hold Landlord, its members and managers and their respective
employees and agents, harmless from and against any damage, injury, loss, liability, charge,
demand, or claim based on or arising out of the presence or removal of, or failure to remove,
Hazardous Materials generated, used, released, stored, or disposed of by Tenant or any or its
agents, employees, servants, representatives, contractors, licensees or invitees. “Hazardous
Materials” shall mean any chemical, compound, material, substance, or other matter that: (a) is
defined as a hazardous substance, hazardous material or waste, or toxic substance under any
Environmental Law (as defined herein); (b) is regulated, controlled, or governed by any
Environmental Law or other Laws; (c) is petroleum or a petroleum product; or (d) is asbestos,
formaldehyde, radioactive material, drug, bacteria, virus, or other injurious or potentially injurious
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material (by itself or in combination with other materials). “Environmental Laws” means and
includes any and all present and future federal, state, or local laws, ordinances, rules, decrees,
orders, regulations, or court decisions relating to hazardous substances, hazardous materials,
hazardous waste, toxic substances, pollution, protection of human health, safety, environmental
conditions on, under, or about the Premises, or soil and ground water conditions, including, but
not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of
1980 (CERCLA), the Resource Conservation and Recovery Act (RCRA), the Hazardous Materials
Transportation Act, the Clean Air Act, the Clean Water Act, and any other Law concerning
hazardous or toxic substances, and any amendments to the foregoing. The obligations set forth in
this Section 29 shall survive expiration or termination of the Lease.
30. LANDLORD’S LIEN. Landlord shall at all times have a valid first lien upon all of the
personal property of Tenant situated in the Premises to secure payment of Rent and other sums and
charges due hereunder from Tenant to Landlord and to secure the performance by Tenant of each
of the covenants, warranties, agreements and conditions hereof. If Tenant at any time be in default
hereunder and for so long as the same remains uncured, no items of Tenant’s personal property
shall be removed from the Premises without the consent of Landlord. Tenant shall from time to
time execute any financing statements and other instruments necessary to perfect the security
interest granted herein. The lien herein granted may be foreclosed in the manner and form provided
by law for the foreclosure of security instruments or chattel mortgages, or in any other manner
provided by law. This Lease is intended as and constitutes a security agreement within the meaning
of the Uniform Commercial Code of the State of West Virginia.
31. MISCELLANEOUS.
31.1. Attachments, Headings, Terms. All attachments referred to herein are hereby
incorporated by reference into this Lease. The headings and underscoring contained herein are for
convenience purposes only and shall not be used to interpret nor be deemed to extend or limit the
specific sections. The word or words enclosed in quotation marks shall be construed as defined
terms for purposes of this agreement. The terms “Landlord” and “Tenant” shall be construed to
mean, when required by the context, the directors, officers, employees, invitees, contractors,
materialmen, servants and agents of Landlord and Tenant.
31.2. Attorney’s Fees. If either party named herein brings an action to enforce the terms of
this Lease or to declare rights hereunder, the prevailing party in any such action, on trial or appeal,
shall be entitled to its reasonable attorney’s fees to be paid by losing party as fixed by the court.
31.3. Execution and Delivery. This Lease shall not be binding nor confer any rights upon
either party unless and until executed and mutually delivered by and between both parties.
31.4. Relationship of Parties. This Lease does not create the relationship of principal and
agent or a partnership or joint venture, or of any association other than that of landlord and tenant.
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electronic copies of the signature page in a PDF format, which shall have the same effect as if the
party delivered an original.
31.6. Time is of the Essence. Time is of the essence relative to all terms and conditions set
forth in this Lease.
31.7. Recording. This Lease shall not be recorded, but the parties agree, at the request of
either of them, to execute a Memorandum of Lease for recording, containing the names of the
parties, their addresses, the legal description, the commencement date, the termination date and
the term of the Lease. The party requesting recordation shall be responsible for payment of any
taxes, fees, or other amounts payable in connection with recordation.
31.8. Landlord Means Owner. The term “Landlord” as used in this Lease, so far as covenants
or obligations on the part of Landlord are concerned, shall be limited to mean and include only the
owner or owners at the time in question of the fee of the Premises, and in the event of any transfer
or transfer of the title to such fee, Landlord herein named (and in case of any subsequent transfer
or conveyances, the then grantor) shall be automatically freed and relieved, from and after the date
of such transfer or conveyance, of all liabilities with respect to the performance of any covenants
or obligations on the part of Landlord contained in this Lease thereafter to be performed.
31.9. Force Majeure. In the event that either party hereto shall be delayed or hindered in or
prevented from the performance of any act required hereunder, by reason of strikes, lockouts,
inability to procure labor, fuel or materials, disruption of the labor force, disruption of supply
chains, disruption of transportation systems, failure of power, restrictive governmental laws or
regulations, riots, insurrection, acts of terrorism, war, fire or other casualty, epidemics, pandemics,
viral or communicable disease outbreaks, quarantines, national, regional or local emergencies,
acts, orders or requirements of any governmental authority or other reasons of a similar or
dissimilar nature beyond the reasonable control of the party delayed in performing work or doing
acts required under the terms of this Lease, then performance of such act shall be excused for the
period of the delay and the period for the performance of any such act shall be extended for a
period equivalent to the period of such delay. The provisions of this section shall not operate to
excuse Tenant from prompt payment of Rent or any other payments required by the terms of this
Lease and shall not extend the Term. Delays or failures to perform resulting from lack of funds
shall not be deemed delays beyond the reasonable control of a party.
31.10. Limitation of Landlord’s Liability. Landlord shall not be liable for any loss of or
damage to any property of Tenant or of any others located in or on the Premises, or any injury or
damage to persons or property that occurs in or on the Premises or results from an occurrence in
or on the Premises and Tenant does hereby expressly release Landlord from all liability for any
damage, loss, or injury covered in this Section. The obligations of Landlord under this Lease shall
not constitute personal obligations of Landlord, and Tenant shall look solely to the Premises, and
to no other assets of Landlord, for the satisfaction of any liability of Landlord with respect to this
Lease. No member, partner, shareholder, manager, officer, director, agent or employee of Landlord
shall be individually or personally liable for the payment of any amounts hereunder or be subject
to any personal liability or accountability by reason of the execution and delivery of this Lease or
Landlord’s obligations hereunder. Notwithstanding anything contained in this Lease to the
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contrary, in no event shall Landlord be responsible for any indirect, special, punitive, or
consequential damages.
31.11. Tenant Authority. Tenant hereby represents and warrants that (a) Tenant is a [nonprofit
corporation] duly organized and validly existing under the laws of the State of [West Virginia], (b)
Tenant has full power and authority to execute and deliver this Lease and to consummate the
transactions contemplated hereby, (c) Tenant’s performance of this Lease and the transactions
contemplated hereby have been duly authorized by all requisite action on the part of Tenant and
the individuals executing this Lease on behalf of Tenant have full power and authority to legally
bind Tenant and (d) this Lease has been duly and properly executed on behalf of Tenant, and neither
the execution and delivery of this Lease nor the consummation of the transactions contemplated
hereby will result in a default (or an event that, with notice or the passage of time or both, would
constitute a default) under, a violation or breach of, a conflict with, a right of termination of, or an
acceleration of indebtedness under or performance required by, any note, indenture, license, lease,
franchise, mortgage, deed of trust or other instrument or agreement to which Tenant is a party or
by which Tenant is bound.
[SIGNATURES FOLLOW]
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IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the Effective
Date.
LANDLORD:
By:
Print Name:
Title:
TENANT:
By:
Print Name:
Title:
[End of signatures.]
EXHIBIT A
PROPERTY
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EXHIBIT B
RULES AND
REGULATIONS
1. Sidewalks, doorways, vestibules, halls, stairways, and other similar areas shall not be
obstructed by or used by Tenant for any purpose other than ingress and egress to and
from portions of the Premises.
2. Plumbing fixtures and appliances shall be used only for the purpose for which
designated, and no sweepings, rubbish, rags, or other unsuitable material shall be thrown
or placed therein. Damage resulting to any such fixtures or appliances from misuse by
Tenant shall be paid by Tenant, and Landlord shall not in any case be responsible
therefor.
4. Tenant shall not permit firearms to be brought into any part of the Premises, nor shall
Tenant do or permit anything to be done in the Premises or bring or keep anything therein
which will in any way increase the rate of fire insurance on the Premises, or property
kept therein, or conflict with the laws relating to fire, or with any regulations of the fire
department, or with any insurance policy upon said Premises or any part thereof, or
conflict with any rules and ordinances of the local Board of Health or any other
governing body.
5. Tenant will refer all contractors, contractors’ representatives and installation technicians
tendering any design service related to structural changes to the Building to Landlord for
Landlord’s inspection, and approval of design plans before the performance of any
contractual services. This provision shall apply to all work performed in the Building
that affects the structural condition of the Building.
6. Landlord shall have the power to prescribe the weight and position of safes and other
heavy equipment (including files), which shall in all cases, to distribute weight, stand on
supporting devices approved by Landlord. Tenant shall notify the Landlord when safes,
or other heavy equipment, are to be taken in or out of the Premises, and the moving shall
be done under the supervision of the Landlord. Persons employed to move such property
must be acceptable to Landlord. All damage done to the Premises by taking in or putting
out any property of Tenant’s or done by Tenant’s property while in the Premises, shall be
repaired at the expense of the Tenant.
8. Tenant shall keep its Premises neat and clean. Landlord shall in no way be responsible
to Tenant, its agents, employees, or invitees for any loss of property from the public areas
or for any damages to any property thereon from any cause whatsoever, unless caused
by Landlord.
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introduced and placed and none shall be introduced or placed except as Landlord shall
approve, which approval will not be unreasonably withheld. Tenant shall not make or
permit any improper noises in the Premises.
10. Nothing shall be swept or thrown into the corridors, halls, elevator shafts, or stairways.
Nothing shall be thrown out the windows of the Building. No birds or animals shall be
brought into or kept in, on or about the Premises on a permanent basis, service animals
excepted.
11. No windows or other openings that reflect or admit light into the corridors or
passageways, shall be covered or obstructed by Tenant except in the normal course of
operating a school where, for instance, student work is displayed.
12. No machinery not used in the normal course of operating a school and its facilities shall
be used by Tenant on the Premises without the prior written consent of Landlord, which
consent shall not be unreasonably withheld, delayed or conditioned, nor shall Tenant use,
or keep, in the Premises any flammable or explosive fluid or substance, not considered
a product in everyday use such as cleaning substances.
13. No portion of the Premises shall at any time be used or occupied as sleeping or lodging
quarters.
14. The water closets and other water fixtures shall not be used for any purpose other than
those for which they were constructed, and any damage resulting to them from misuse
shall be borne by the person who shall occasion it.
15. All glass, locks and trimmings in or about the doors and windows, and all electric fixtures
belonging to the Premises shall be kept whole, and whenever broken by anyone, shall be
immediately replaced or repaired and put in order at Tenant’s cost, unless the repair or
replacement was caused by Landlord, under the direction and to the satisfaction of
Landlord, and upon Tenant’s removal from the Premises, shall be left whole and in good
repair.
16. Any fixtures, except “Smart Boards” or similar technology equipment, shall be
considered as part of the Premises and will become the Landlord’s property upon
Tenant’s surrender of the Premises.
17. No electric heaters are allowed in the Premises without prior written consent of
Landlord, which consent shall not be unreasonably withheld, conditioned, or delayed.
B-2
Nitro Preparatory Academy: Appendix G
Sample Action Plan for Charter School Closure
Sample Action Plan for Charter School Closure1
IMMEDIATE ACTIONS
Team to include:
2 – Lead person from Authorizer Staff; Authorizer Lead and Charter School Board Chair Within 24 hours of the authorizing board’s vote to close the charter school
– Charter School Board chair;
– Lead Administrator from the Charter School;
– Lead Finance person from the Charter School;
– Lead person from the Charter School Faculty; and,
– Lead person from the Charter School Parent Organization.
4 – Closure decision;
Authorizer Lead and Charter School Board Chair Within 24 hours of the authorizing board’s vote to close the charter school
– Timeline for transition; and
– Help Line information.
Copy local public school districts as required by quality practice, state statute and regulation.
Talking Points
6 Create talking points for parents, faculty, community and press. Focus on communicating plans for orderly transition of students and staff. Distribute to transition team.
Authorizer Lead and Charter School Board Chair Within 24 hours of the authorizing board’s vote to close the charter school
Press Release
Create and distribute a press release that includes the following:
– history of school;
7 – authorizing board closure policies;
Authorizer Lead and Charter School Board Chair Within 24 hours of the authorizing board’s vote to close the charter school
– reason(s) for school closure;
– outline of support for students, parents and staff; and
– a press point person for the authorizer and for the school.
Continue Current Instruction
Continuous after the authorizing board’s closure vote until end of classes as
8 Continue instruction under current education program Charter School Administrator Lead
designated in authorizing board’s closure resolution
per charter contract until end of school calendar for regular school year.
– student name;
12 – address; Charter School Administrator Lead Within 24 hours of the authorizing board’s vote to close the charter school
– telephone; and
– email, if possible.
– name;
– position;
13 – address;
Charter School Faculty Lead Within 24 hours of the authorizing board’s vote to close the charter school
– telephone; and
– email.
Provide the authorizer copies of all materials distributed at the Faculty/Staff Meeting.
Insurance
The school’s assets and any assets in the school that belong to others must be protected against theft, misappropriation and deterioration. The school should:
– maintain existing insurance coverage until the disposal of such assets under the school closure action plan;
– continue existing insurance for the facility, vehicles and other assets until 1) disposal or transfer of real estate or termination of lease, and 2) disposal, transfer or sale of vehicles and other
18 assets; Charter School Board Chair and Charter School Financial Lead Ongoing until all business related to closure is completed
– negotiate facility insurance with entities that may take possession of school facility (lenders, mortgagors, bond holders, etc.);
– continue or obtain appropriate security services; and
– plan to move assets to secure storage after closure of the school facility.
If applicable under state statute, the school should maintain existing directors and officers liability (D&O) insurance, if any, until final dissolution of the school.
NOTIFICATIONS
Provide the authorizer with a copy of the letter and any accompanying materials.
Agency Notifications
The school must satisfy statutory and regulatory obligations to ensure a smooth transition for students. Check requirements under state statute and regulation. Agency notifications may include:
– consult with legal counsel with respect to notice requirements for terminating the CBA and the legal implications with respect to termination of CBAs and the termination of employees connected
22 to the CBAs;
Charter School Board Chair Within one week of the authorizing board’s vote to close the charter school
– provide a copy of the latest CBA to the authorizer;
– provide a copy of the notice to the authorizer; and
– keep the authorizer informed of the implications, penalties and damages in connection with any termination of a CBA and ongoing discussions and negotiations with the union in connection with
termination.
Specific rules and regulations may apply to such programs, especially teachers’ retirement plans, so legal counsel should be consulted.
– notify management company/organization of termination of education program by the school’s board, providing the last day of classes and absence of summer programs;
24 – provide notice of non-renewal in accordance with management contract; Charter School Board Chair Within three weeks of the authorizing board’s vote to close the charter school
– request final invoice and accounting to include accounting of retained school funds and grant fund status; and
– provide notice that the management company/organization should remove any property lent to the school after the end of classes and request a receipt of such property.
26 Where possible, negotiate a settlement of debts consummated by a settlement agreement reflecting satisfaction and release of the existing obligations.
Charter School Financial Lead Within one month of the authorizing board’s vote to close the charter school
Notification to Debtors
Contact all debtors and demand payment. If collection efforts are unsuccessful, consider turning the debt over to a commercial debt collection agency. All records regarding such collection or
27 disputes by debtors regarding amounts owed must be retained. Charter School Financial Lead Within one month of the authorizing board’s vote to close the charter school
Disposition of Records
If the school's board has a records retention policy, or if records retention in charters is governed by state law, follow the appropriate policy and/or law.
In all cases, the school board shall maintain all corporate records related to:
If the school does not have a records retention policy, and no state law governs records retention in charter schools, or if the school’s board abdicates responsibility for records, authorizers that
seek to take possession of personnel, non-student and non-personnel records should consult legal counsel about liabilities.
– all student records and report cards are complete and up to date;
29 – parents/guardians are provided with copies of final report cards and notice of where student records will be sent (with specific contact information); and
Charter School Administrative and Faculty Lead One week after the end of classes
– parents/ guardians receive a reminder letter or post card reminding them of the opportunity to access student records under Freedom of Information law.
The school must contact the relevant districts of residence for students and notify districts of how (and when) records—including special education records—will be transferred. In addition, the
school must create a master list of all records to be transferred and state their destination(s).
Provide copies of all materials documenting the transfer of student records to the authorizer.
Transfer of Testing Materials
The school must determine state requirements regarding disposition of state assessment materials stored at the school and return as required.
32 Charter School Administrative Lead One week after the end of classes
Provide authorizer with letter outlining transference of testing materials.
FINANCIAL
IRS Status
If the school has 501(c)(3) status, it must take steps to maintain that status including, but not limited to, the following:
34 – notification to IRS regarding any address change of the School Corporation; and Charter School Board Chair and Charter School Financial Lead Date to be determined depending on 501(c)(3) status
– filing of required tax returns or reports (e.g., IRS form 990 and Schedule A).
If the school corporation proceeds to dissolution, notify the IRS of dissolution of the education corporation and its 501(c)(3) status, and provide a copy to the authorizer.
UCC Search
If required under state statute, the school should perform a Uniform Commercial Code (UCC) search to determine if there are any perfected security interests and to what assets security interests
35 are attached. Financial Lead Within 30 days of the authorizing board’s vote to close the charter school
Audit
The school must establish a date by which to complete a final close out audit by an independent firm or state auditor as determined by statute.
36 Charter School Board Chair and Charter School Financial Lead Within 120 days of the end of classes
Provide a copy of the final audit to the authorizer.
Vendors
The school must:
37 – create vendor list; and Charter School Financial Lead Within 45 days of the authorizing board’s vote to close the charter school
– notify vendors of closure and cancel or non-renew agreements as appropriate.
Inventory
The school must:
Disposition of Property
39 Check with the state department of education regarding proper procedures for the disposition of property purchased with federal funds.
Authorizer and Charter School Financial Lead Within 45 days of the authorizing board’s vote to close the charter school
Disposition of Inventory
Establish a disposition plan (e.g., auction), and establish a payment process (e.g., cash, checks, credit cards) for any remaining items.
40 Charter School Financial Lead Within 45 days of the authorizing board’s vote to close the charter school
Provide the authorizer with a copy of all documents.
Property Purchased with Public Charter School Program (PCSP) Funds
Establish under state or individual school agreements required disposition of property purchased with PCSP funds. Generally, property purchased with PCSP funds must first be offered to other
charter schools within the same region in which the closing school is located, with requisite board resolutions consistent with the purpose of the PCSP. If no schools want the property, an auction
must be held to dispose of the PCSP assets. The school must:
41 Charter School Financial Lead Within 60 days of the end of classes
– ensure public notice of the auction is made widely;
– price items at fair market value, as determined from inventory and fixed assets policy; and
– determine with the state education department how to return funds if any remain.
Provide the authorizer board resolutions and minutes of any transfer of assets with a dollar value of zero (0) to another school.
Payment of Funds
The school should work with the authorizer to prioritize payment strategy considering state and local requirements. Using available revenue and any funds from auction proceeds, pay the following
entities:
– retirement systems;
– teachers and staff;
Plan complete within 45 days of the authorizing board’s vote to close the charter
43 – employment taxes and federal taxes; Authorizer and Charter School Financial Lead
school and ongoing activity until completed
– audit preparation;
– private creditors;
– overpayments from state/district; and
– other as identified by authorizer.
Provide the authorizer with a copy of all materials associated with this action.
Expenditure Reporting
Ensure that Federal Expenditure Reports (FER) and the Annual Performance Report (APR) are completed.
44 Charter School Financial Lead Within 45 days of the end of classes
Provide the authorizer a copy of all materials.
Itemized Financials
Review, prepare and make available:
Additionally, collect and void all unused checks as well as close accounts once transactions have cleared.
Payroll Reports
The school must generate a list of all payroll reports including taxes, retirement or adjustments on employee contracts.
46 Charter School Financial Lead Within 30 days of the end of classes
Provide the authorizer with copies of all materials.
List of Creditors and Debtors
Formulate list of creditors and debtors and any amounts accrued and unpaid with respect to such creditor or debtor. The list should include:
ENDNOTES
1 NACSA thanks the State University of New York's Charter Schools Institute and the Thomas B. Fordham Foundation for contributing to the development of this model Action Plan for Charter School Closure. For more information on charter school closure, refer to Accountability in Action: A Comprehensive Guide to Charter School Closure available at
http://www.qualitycharters.org/images/stories/publications/2010_NACSA_Closure_Guide.pdf.
2 Suggested completion timeframes are based on lessons shared from authorizers experienced with school closure. Authorizers consulting this document are encouraged to modify timeframes based on statute, regulation, and local considerations.
© 2012 National Association of Charter School Authorizers (NACSA)
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