Charter School Contract Between The Milwaukee Board Of School Directors .

Transcription

Date of Board ApprovalCHARTER SCHOOL CONTRACTBETWEENTHE MILWAUKEE BOARD OF SCHOOL DIRECTORSANDM.C. PREPARATORY SCHOOL OF WISCONSIN, INC.ForMILWAUKEE COLLEGE PREPARATORY SCHOOL

MCP Non-Instrumentality Multi-School Charter ContractTABLE OF CONTENTSI.PageCHARTER SCHOOLS TO BE ESTABLISHED .3II.OPERATOR RESPONSIBILITIES .3A.The name of the person who is seeking to establishthe Charter Schools. . 3-4B.The name of the person who will be in charge of the Charter Schoolsand the manner in which administrative services will be provided .4C.A description of the educational program of the Charter Schools .4D.The methods the Operator will use to enable pupilsto attain the educational goals under Wis. Stat. § 118.01. .5E.The method by which pupil progress in attaining the educationalgoals under Wis. Stat. § 118.01 will be measured . 5-8F.The governance structure of Operator, including the method tobe followed by Operator to ensure parental involvementat each Charter School . 8-9G.Subject to. Wis. Stat. §§ 118.40(7)(a), 118.19(1) and 121.02(1)(a)2.the qualifications that must be met by the individuals to be employedin each Charter School. .10H.The procedures that Operator will follow to ensure the health andsafety of the pupils .10I.The means by which Operator will achieve a racial and ethnicbalance among its pupils at each Charter School that is reflective of theschool district school-age population.10J.The requirements for admission to a Charter School. 10-11K.The manner in which annual audits of the financial and programmaticoperations of Operator and each Charter School will be performed . 11-14L.The procedures for disciplining pupils .15M.The public school alternatives for pupils who reside in a Charter School’sattendance area and do not wish to attend or are not admitted to the Charteri

MCP Non-Instrumentality Multi-School Charter ContractSchool . 15-16III.IV.N.A description of Operator’s facilities and the types and limits of theliability insurance that Operator will carry . 16-20O.The effect of the establishment of the Charter Schools on the liabilityof the MPS Board.20P.Nonsectarian and Statutory Requirements .20Q.Pupil tuition and fees . 20-21R.Nondiscrimination. 21-22S.Background screening . 22-23T.Right to inspect and receive requested information and reports .23U.Calendar .23V.Purchases.24W.Annual administrative fee .24X.Transportation and nutrition services. 24-25Y.Intergovernmental agreements .25Z.Local Education Agency responsibilities. 25-26MPS RESPONSIBILITIES .26A.Attendance .26B.Payment. 26-28TERM AND MODIFICATION OR TERMINATION OF CONTRACT .28A.Term . 28-29B.Modification .29C.Termination . 29-30D.Revocation . 30-31ii

MCP Non-Instrumentality Multi-School Charter ContractE.Legal status upon termination or revocation .31V.CONTRACT ADMINISTRATION, NOTICE AND PROVIDINGOF INFORMATION . 31-32VI.STATUTES.32VII.MISCELLANEOUS .32A.Severability .32B.Waiver .32C.Assignment .32D.Entire Contract .32VIII.OPERATOR’S CHARTER SCHOOL PROPOSAL(S) .33IX.APPENDICES . 33iii

MCP Non-Instrumentality Multi-School Charter ContractCHARTER SCHOOL CONTRACTBETWEENTHE MILWAUKEE BOARD OF SCHOOL DIRECTORSANDM.C. PREPARATORY SCHOOL OF WISCONSIN, INC.forMILWAUKEE COLLEGE PREPARATORY SCHOOLTHIS CONTRACT made by and between the Milwaukee Board of School Directors,(hereinafter, Board), 5225 West Vliet Street, P.O. Box 2181, Milwaukee, Wisconsin,53201-2181, and M.C. Preparatory School of Wisconsin, Inc. for Milwaukee CollegePreparatory School (hereinafter, Charter SchoolOperator), 1228 W. Lloyd Street,Milwaukee, WI 53205.WHEREAS, The Board is authorized to establish Milwaukee Public Schools (MPS)charter schools under the Wisconsin Charter School Law, Wis. Stat. § 118.40; andWHEREAS, On April 27, 1999, the Board adopted Administrative Policy 9.12 andAdministrative Procedure 9.12 relating to the establishment of MPS charter schools underWis. Stat. § 118.40 and creating an MPS Charter Schools Review Panel (CSRP) toreview, evaluate and make recommendations to the Board with regard to petitions andproposals to establish MPS charter schools; andWHEREAS, One of the methods by which the Board may lawfully establish a charterschool is set forth in Wis. Stat. § 118.40(2m), which provides that the Board may enterinto a contract with a person based upon the Board’s own initiative to establish a charterschool; andWHEREAS, In an effort to facilitate the establishment of MPS charter schools based onthe Board’s own initiative, Administrative Policy 9.12 and Administrative Procedure 9.12provide that the Board may seek and consider proposals from parents, educators,community groups, nonprofit organizations, individuals, and combinations of suchentities who would like to operate an MPS charter school; andWHEREAS, pursuant to Wis. Stat. § 118.40(3)(f), the Board may provide for theestablishment of more than one charter school in a single contract; andWHEREAS, The Board received a proposal from Robert Rauh that contained all of theprovisions contained in Wis. Stat. § 118.40(1m)(b) as required by Administrative Policy9.12 and Administrative Procedure 9.12; andWHEREAS, The proposal received from Robert Rauh proposes the establishment of anMPS charter school to be called Milwaukee College Preparatory School that would notbe an instrumentality of MPS; and1

MCP Non-Instrumentality Multi-School Charter ContractWHEREAS, The CSRP reviewed and evaluated the proposal and recommended to theBoard that Milwaukee College Preparatory School be established as an MPS charterschool; andWHEREAS, Wis. Stat. § 118.40(2m) requires that the Board hold a public hearing on acontract that would establish a charter school that is not an instrumentality of MPS atleast 30 days before entering in the contract; andWHEREAS, The Board held a public hearing on March 29, 2011 to consider theproposal, taking into account the level of employee and parental support for theestablishment of the charter school described in the proposal and the fiscal impact onMPS of granting the proposal; andWHEREAS, The Board on March 31, 2011, after the public hearing, granted theproposal to establish Milwaukee College Preparatory School as an MPS charter school;andWHEREAS, The Board on February 23, 2012 approved a five-year Charter Schoolcontract beginning on the first regularly scheduled day of the 2011-2012 school year andending on the last regularly scheduled day of the 2015-2016 school year; andWHEREAS, The Board on March 24, 2016 approved a five-year Charter School contractbeginning on the first regularly scheduled day of the 2016-2017 school year and endingon the last regularly scheduled day of the 2020-2021 school year; andWHEREAS, The Board on directed the MPS OfficeDepartment of Contracted School Services, in consultation with the Board’s designee andthe Milwaukee City Attorney’s Office, to attempt to negotiate, and draft a contract withM.C. Preparatory School of Wisconsin, Inc. to create ; andWHEREAS, This document represents the contract that has been negotiated and draftedand that contains all of the provisions required by Wis. Stat. § 118.40(1m)(b)1-15, as wellas additional provisions; andWHEREAS, The Charter School’s governing board onapproved this Contract and authorized to execute thisContract; andWHEREAS, The Board on approved this Contract therebyestablishing Charter School and authorizeding the BoardPresident and the Superintendent to execute this Contract under the following terms andconditions:2

MCP Non-Instrumentality Multi-School Charter ContractI.CHARTER SCHOOLS TO BE ESTABLISHED:The following are the charter schools established under this Contract (hereinafter, CharterSchools):1.2.3.4.MCP: 38th Street Campus; 2623 N 38th St, Milwaukee, WI 53210MCP: Lloyd Street Campus; 1228 W Lloyd St, Milwaukee, WI 53205MCP: Lola Rowe North Campus; 1350 W North Ave, Milwaukee, WI 53205MCP: 36th Street Campus; 2449 N 36th St, Milwaukee, WI 53210The use of the term "Charter Schools" in the plural form shall refer to all charter schoolsestablished under this Contract. The use of the term "Charter School" in the singularform throughout this Contract is intentional. The use of any modifier or determiners toeither term is also intentional.II.CHARTER SCHOOLOPERATOR RESPONSIBILITIES:A.The name of the person who is seeking to establish Charter School.In accordance with Wis. Stat. § 118.40(2m) and Administrative Policy 9.12 andAdministrative Procedure 9.12, the Board is entering into this Contract on its owninitiative to establish an MPS Charter Schools, having considered the proposal submittedby M.C. Preparatory School of Wisconsin, Inc .B.The name of the person who will be in charge of Charter School and themanner in which administrative services will be provided.Robert Rauh or his/her successor, the person named in the CharterSchoolOperator's proposal(s) (kept on file in the MPS Office Department of ContractedSchool Services and incorporated herein by reference as Appendix A), shall be the personin charge of Charter Schools (hereinafter, School Leader). The manner in whichadministrative services will be provided shall be in accordance with Appendix A.Charter SchoolOperator shall notify MPS of the name of any proposed replacement forthe position of sSchool lLeader. No A change in sSchool lLeader shall be appointedwithout the mutual agreement with MPSrequire an amendment to this Contract.C.A description of the educational program of the Charter Sschools.Charter Schools and Operator shall provide the educational program set forth inAppendix A. Charter SchoolOperator shall ensure that all classrooms are equipped withall materials, equipment and supplies required to provide the educational program setforth in Appendix A.3

MCP Non-Instrumentality Multi-School Charter ContractExcept as otherwise explicitly provided by law or this Contract, Charter SchoolOperatorshall be exempt from MPS policies and procedures and Chapters 115 through 121 of theWisconsin Statutes, except as otherwise explicitly provided by law or charter schoolcontract. Charter SchoolOperator shall comply with any MPS policies, procedures andrequirements included in Appendix B by the Board during the term of this Contract., andwith If any MPS policies, procedures and requirements included in Appendix B that arerevised by the Board during the term of this Contract,. MPS shall notify CharterSchoolOperator of any such revisions and Charter SchoolOperator shall have theopportunity to negotiate regarding these revisions.Neither the Board nor the MPS administration shall operate the educational programs ormake policy, rules or procedures that directly affect the operation of the educationalprograms at Charter Schools, except as explicitly provided in MPS Administrative Policy9.12: Charter Schools, and the charter school cthis Contract.In the event Charter SchoolOperator, upon consultation with MPS, may make wishes tochanges to the educational program as identified in Appendix A., Material changes, asdeemed material by MPS, require an amendment to this Contract. Charter School shallnegotiate a contract amendment.D.The methods the Charter SchoolOperator will use to enable pupils to attainthe educational goals under Wis. Stat. § 118.01.Charter SchoolOperator shall use the methods of instruction described in Appendix A toenable pupils to attain the educational goals listed in Wis. Stat. § 118.01. CharterSchoolOperator shall immediately notify MPS in the event a significant change in themethods of instruction is contemplated.E.The method by which pupil progress in attaining the educational goals underWis. Stat. § 118.01 will be measured.Charter SchoolOperator shall use the following local measures, assessments andstandardized tests to measure pupil progress under Wis. Stat. § 118.01: UATIONUpon written approval of MPS, alternative measures may be utilized in lieu of or inaddition to the related indicators below; data of each of these items must be collected andsubmitted to MPS regardless of the manner of instruction.Charter SchoolOperator shall, at a minimum, follow the same promotion and graduationmeasures as identified and set forth in Appendix Aall MPS non-contracted schools.Charter SchoolOperator shall issue diplomas consistent with the attainment of thegraduation measures as identified in Appendix A. Charter SchoolOperator explicitlyagrees to comply with the accountability and assessment provisions of Annual4

MCP Non-Instrumentality Multi-School Charter ContractMeasurable Objectives (AMO) and all current state and federal laws and regulations, asthey are made applicable to MPS.If Charter SchoolOperator chooses to implement an assessment plan that includes uniquelocal learning or performance standards and additional assessments to measure pupilachievement, the standards must be measurable and assessed annually and the assessmentresults must indicate if a pupil Meets or Does Not Meet the standard(s). In addition,Charter SchoolOperator shall document the growth and trend data for pupil performanceas related to the standard(s). Charter SchoolOperator’s decision to implement uniquestandards and assessments shall not affect Charter SchoolOperator’s obligation to complywith the Wisconsin Model Academic Standards, the Common Core Standards, federal,state, and district assessment measures.Charter SchoolOperator may: (1) define the local curricular, learning or performancegoals and the methods employed for determining pupil growth at Charter School; (2)establish a method for determining the baseline of pupil performance against which pupilachievement and growth will be measured; and (3) define the method for determiningwhether or not these goals have been met. Charter SchoolOperator may report all suchdata regarding local performance indicators in their annual pupil academic achievementreport.Charter SchoolOperator shall annually administer at each grade level all district-wideassessments in the same manner and time-frame as the MPS non-contracted schools.Charter SchoolOperator shall annually administer the Wisconsin StateStudentAssessment System (WSAS) test(s) as well as the Wisconsin StateStudent AssessmentSystem (WSAS) alternate tests for eligible students with special needs and assessmentsfor eligible English Language Learners (ELLs) in the same manner, time frame, and atthe same grade levels as the MPS non-contracted schools.Charter SchoolOperator shall, at a minimum, report the results of mandated assessmentsin the same format as MPS non-contracted schools. Assessments shall be administeredand reported in accordance with the MPS Charter School Annual Assessment Calendarattached hereto as Appendix C and incorporated herein by reference for each school yearof this Contract.All pupils will be included in the assessment process, with reasonable accommodationsfor pupils being made, if necessary, as set forth in the assessment guidelines for eachassessment. Charter SchoolOperator shall include children with disabilities and ELLs inall federal, state, district, and local educational assessments, with appropriatemodifications accommodations where necessary, or in alternative assessments for thosechildren who cannot participate in federal, statewide, district-wide or required localeducational agency-wide assessments as set forth in the assessment guidelines for eachassessment.5

MCP Non-Instrumentality Multi-School Charter ContractCharter SchoolOperator shall pay all costs associated with assessments administered toCharter School’s pupils. Such costs shall not exceed the rate paid for such assessmentsadministered by non-contracted MPS schools. The only exception to this obligation topay for costs is for federal or state-required tests that are supplied at no cost to publicschools.Charter SchoolOperator shall develop and submit an annual pupil academic achievementreport to MPS within 30 days of the receipt of the data. Such academic achievementreport shall, at a minimum, include all related school assessment data, in the formatprovided by MPS, for each of the following applicable performance criteria. Criteria 1,2, and 36 and 7 shall be required only for early childhood only schools.1.Achieve a percentage of pupils in Charter School scoring proficient or advancedon the District’s early literacy reading assessment that is the same as, or higherthan, the percentage of pupils scoring proficient or advanced in correspondinggrades (five-year-old kindergarten, grade one, and grade two) in all MPS schoolsas recorded on the Student Promotion System (SPS); and2.Achieve a percentage of pupils in Charter School scoring proficient or advancedon the District’s early literacy writing assessment that is the same as, or higherthan, the percentage of pupils scoring proficient or advanced in correspondinggrades (five-year-old kindergarten, grade one, and grade two) in all MPS schoolsas recorded on SPS; and3.Achieve a percentage of pupils in Charter School scoring proficient or advancedon a school-developed and district-approved mathematics classroom assessmentbased on standards that is the same as, or higher than, the percentage of pupilsscoring proficient or advanced in corresponding grades (five-year-oldkindergarten, grade one, and grade two) in all MPS schools as recorded on SPS;and41.As to each Charter School, aAchieve a percentage of pupils in Charter Schoolscoring proficient or advanced on the Wisconsin StateStudent Assessment System(WSAS) tests in reading English Language Arts that is the same as, or higherthan, the percentage of pupils scoring proficient or advanced in correspondinggrades in all MPS schools; and52.As to each Charter School, aAchieve a percentage of pupils in Charter Schoolscoring proficient or advanced on the Wisconsin StateStudent Assessment System(WSAS) tests in mathematics that is the same as, or higher than, the percentage ofpupils scoring proficient or advanced in corresponding grades in all MPS schools;and6.Achieve a percentage of pupils in Charter School scoring proficient or advancedon the Wisconsin State Assessment System (WSAS) tests in English/language artsthat is the same as, or higher than, the percentage of pupils scoring proficient oradvanced in corresponding grades in all MPS schools; and6

MCP Non-Instrumentality Multi-School Charter Contract7.Achieve a percentage of pupils in Charter School scoring proficient or advancedon the Wisconsin State Assessment System (WSAS) tests in writing that is thesame as, or higher than, the percentage of pupils scoring proficient or advanced incorresponding grades in all MPS schools; and83.As to each Charter School, aAchieve a percentage of pupils in Charter Schoolscoring proficient or advanced on the Wisconsin StateStudent Assessment System(WSAS) tests in science that is the same as, or higher than, the percentage ofpupils scoring proficient or advanced in corresponding grades in all MPS schools;and94.As to each Charter School, aAchieve a percentage of pupils in Charter Schoolscoring proficient or advanced on the Wisconsin StateStudent Assessment System(WSAS) tests in social studies that is the same as, or higher than, the percentageof pupils scoring proficient or advanced in corresponding grades in all MPSschools; and115.Using a DPI formula for comparison, Charter School shall achieve a high schoolgraduation rate that is the same as, or higher than, the high school graduation ratein all MPS high schools.6.Achieve a percentage of pupils in Charter School scoring on-target or above onthe District’s early literacy and/or reading assessment that is the same as, orhigher than, the percentage of pupils scoring on-target or above in correspondinggrades (five-year-old kindergarten, grade one, and grade two) in all MPS schoolsas recorded on the District data dashboard; and7.Achieve a percentage of pupils in Charter School scoring proficient or advancedon a school-developed and district-approved mathematics classroom assessmentbased on standards that is the same as, or higher than, the percentage of pupilsscoring proficient or advanced in corresponding grades (five-year-oldkindergarten, grade one, and grade two).Listed above are 11 74 criteria. Some of the performance criteria listed above may notapply to Charter School because of the grade levels of the students served at CharterSchool. Charter School pupils shall be deemed by the Board to have made sufficientprogress toward attaining the educational goals under Wis. Stat. § 118.01, or theacademic performance criteria established by the Board, if Charter School meets at least75% of the applicable performance items listed above that apply to Charter School.In addition to the measures listed above, Charter School shall also meet the followingapplicable criteria:85.As to each Charter School, aAchieve a stability rate of pupils in Charter Schoolthat is the same as, or higher than, the stability rate of pupils in corresponding7

MCP Non-Instrumentality Multi-School Charter Contractgrades in all MPS schools. In this Contract, “stability rate” shall refer to thepercentage of students (excluding the top grade) enrolled on the May count dateof the first year that are still enrolled on the following year’s September countdate; and1296. As to each Charter School, aAchieve an average daily attendance rate of pupils inCharter School that is the same as, or higher than, the average daily attendancerate of pupils in corresponding grades in all MPS schools; and13107.As to each Charter School, aAchieve a mobility rate of pupils in CharterSchool (registered as of the September Third Friday Count) that is the same as, orlower than, the mobility rate of pupils in corresponding grades in all MPSschools. In this Contract, “mobility rate” shall refer to the percentage of studentsthat enroll after the Third Friday in September (or, intake rate); and14118.As to each Charter School, aAchieve a percentage of pupils promotedfrom grades 4 and 8 in Charter School that is the same as, or higher than, thepercentage of pupils being promoted from the corresponding grades in all MPSschools; and15.Meet or exceed the state’s minimum Annual Measurable Objectives (AMO)requirements.Failure to meet criteria 12, 13, 14, or 15,5, 6, 7 or 8, 9, 10 or 11 alone shall not begrounds for termination of this Contract, but upon request, Charter School shall provideMPS with its explanation of the cause of Charter School’s failure to meet these criteria.F.The governance structure of the schoolOperator, including the method to befollowed by the schoolOperator to ensure parental involvement. INCORPORATIONCharter SchoolOperator is incorporated as a non-profit non-sectarian corporation in theState of Wisconsin and has received § 501(c)(3) tax exempt status from the InternalRevenue Service. Charter SchoolOperator shall immediately notify MPS in the eventthere is a change in Charter SchoolOperator’s status. Board reserves the right toterminate this Contract under IVII.C.2. due to a change in status.Charter SchoolOperator has submitted to Board the Operator’s Articles of Incorporationattached hereto as Appendix D and the Charter SchoolOperator’s Bylaws of CharterSchool attached hereto as Appendix E. Any changes to Charter SchoolOperator’sArticles of Incorporation or Bylaws shall require anpromptly provide MPS with a copy ofany proposed amendment to the respective Appendix D or E of this Contract. Boardreserves the right to terminate this Contract under IVII. C.2. if it does not approve of anychange which materially affects Charter SchoolOperator is made to Charter8

MCP Non-Instrumentality Multi-School Charter ContractSchoolOperator’s Articles of Incorporation or Bylaws without an amendment to therespective Appendix D or E. GOVERNANCE STRUCTURECharter SchoolOperator shall provide a list of the names of the individuals serving on thegoverning body board of Charter SchoolOperator to MPS.Charter SchoolOperator shall be responsible for notifying MPS whenever themembership of the governing body board of Charter SchoolOperator changes.The governance structure of Charter SchoolOperator shall be that set forth in AppendixA, including provisions for autonomy related to policy, budget development, staffing andevaluation.Charter SchoolOperator shall abide by its Articles of Incorporation and Bylaws. CharterSchool shall promptly provide MPS with a copy of any proposed amendment to (asattached as Appendix D or E respectively).Operator’s governing board shall comply with the provisions of Wis. Stat.§118.40(4)(ag). PARENTAL INVOLVEMENTCharter SchoolOperator shall employ the methods described in Appendix A to ensureparental involvement. Parental involvement shall be an integral component of CharterSchool. TITLE I REQUIREMENTSIf Charter SchoolOperator seeks Title I funding for any and all Charter Schools, CharterSchoolOperator shall comply with all of the rules and regulations applicable to thatfunding source, including completion of an educational plan and any other documentationrequired by Title I.If any Charter School fails to meet expectations under the Wisconsin AccountabilitySystem Metric, Charter SchoolOperator shall implement and be financially responsiblefor any interventions/strategies required based upon the Charter Sschool’s status.G.Subject to Wis. Stat. §§ 118.40(7)(a), 118.19(1) and 121.02(1)(a)2., thequalifications that must be met by the individuals to be employed in theschool.All Charter Schools shall not be an instrumentality of MPS and therefore, pursuant toWis. Stat. § 118.40(7)(a), no personnel employed by Charter SchoolOperator shall beemployed by the Board.9

MCP Non-Instrumentality Multi-School Charter ContractCharter SchoolOperator shall adhere to MPS’ Administrative Policy 3.09(17)(a),regarding Livable Wage.Charter SchoolOperator shall ensure that all instructional staff of Charter Schools hold acurrent and appropriate license or permit issued by the Wisconsin Department of PublicInstruction (DPI) to teach assigned classes.Charter SchoolOperator shall not enter into any contract or agreement with a third partyfor the operation or management of Charter Schools.H.The procedures that the sc

Board that Milwaukee College Preparatory School be established as an MPS charter school; and WHEREAS, Wis. Stat. § 118.40(2m) requires . 1. MCP: 38th Street Campus; 2623 N 38th St, Milwaukee, WI 53210 2. MCP: Lloyd Street Campus; 1228 W Lloyd St, Milwaukee, WI 53205 3. MCP: Lola Rowe North Campus; 1350 W North Ave, Milwaukee, WI 53205