9. Provide a one-paragraph description of the
purpose or special emphasis of the proposed school.
The contact person for the proposed open-enrollment public
charter school shall sign the letter.
In addition to the original unbound copy of the application and
all attachments, please submit: Twelve (12) one sided bound/stapled
copies (no notebooks); One (1) CD copy of the application in Microsoft
Word, or Adobe Acrobat pdf file. Please ensure that the information saved on
the CD can be accessed. CD should be labeled with the name of the proposed
school.
D.
REQUIRED INFORMATION
The applicant for the proposed open-enrollment charter, if
approved by the State Board of Education, agrees to operate the educational
program described below in accordance with the provisions described within this
document, Arkansas Code Annotated §
6-23-101 et seq, the State Board of
Education Rules Governing Charter Schools, and the attached assurances. This is
a narrative description of various components of the proposed charter school,
and the responses to the following inquiries including any supporting
attachment pages must be limited to no more than 55 pages.
Application Standards:
1. Describe the results of the public
hearing, which was held for the purpose of assessing support for the
establishment of this open-enrollment public charter school. Provide copies of
any supporting evidence received.
2. Provide documentation that each of the
following requirements of Arkansas Code Annotated §
6-23-302 were met:
A. The notice of the public hearing was
published on a weekly basis for at least three (3) consecutive weeks prior to
the date of the hearing in a newspaper having general circulation in the school
district in which the school will likely be located.
B. The notice of the public hearing shall not
be published in the classified or legal notice section of the
newspaper.
C. The last publication
date of the notice shall be no less than seven (7) days prior to the public
meeting.
D. Within seven (7)
calendar days following the first publication of the notice of the public
hearing, letters announcing the public hearing shall be sent to the
superintendent of each of the school districts from which the open-enrollment
public charter school is likely to draw students for the purpose of enrollment
and the superintendent of any district that is contiguous to the district in
which the open-enrollment public charter school will be located. The letters
shall identify, at a minimum, the full legal name of the eligible entity which
intends to apply for a charter; a contact person's name, full address, daytime
telephone number, and e-mail address; the name of the proposed open-enrollment
public charter school; and the proposed location of the proposed
open-enrollment public charter school.
3. Describe the governing structure of the
open-enrollment charter, including board composition, selection process, and
responsibilities. Also describe the role of the administrators, faculty,
parents, students, and community members in the leadership and decision-making
of the school. As part of your response, please answer the following specific
questions:
A. Identify what individual job
position(s) or entity(s) will have final decision-making authority for the
school in the areas of (1) finance and purchasing; (2) student discipline; (3)
hiring and firing of staff; and (4) hiring and firing of the school director or
superintendent.
B. Specify how the
final decision-maker(s) identified in response to (3)(A) above will be selected
or elected, including (1) length of term, (2) method of selection or election,
and (3) who will have the authority to participate in the selection or election
process.
C. Explain how and to what
extent the school's leadership will be accountable to parents.
4. Give the mission statement for
the proposed open-enrollment public charter school.
5. Describe the educational need for the
school.
6. Describe the educational
program to be offered by the open-enrollment public charter school.
7. List the specific measurable goals in
reading, reading comprehension, mathematics, and mathematic reasoning based on
the state mandated assessments, and any other assessment tools if used, for
improving student academic achievement for each year of the public charter
schools' initial five (5) year period.
8. Describe the process that will be used to
develop and align the curriculum with the Arkansas Curriculum Frameworks. Also
describe plans to implement the curriculum requirements of the Common Core
Standards in accordance with the timeframe adopted by the State Board of
Education.
9. Describe the
geographical area to be served by the charter, and list all school districts
within the geographical area that may be affected by the open-enrollment public
charter school.
10. Describe the
plan for the school officials to provide an annual report to parents, the
community, and the State Board of Education that demonstrates the progress made
by the charter school during any previous academic year in meeting its academic
performance objectives. (See ADE Rules Governing Standards for
Accreditation of Arkansas Public Schools and School
Districts)
11. Describe
the enrollment criteria and student admission, recruitment and selection
processes for the proposed public charter school. Include a statement that a
random, anonymous student selection method will be utilized in the event that
more students apply for admission to the open-enrollment public charter school
than can be accommodated under the terms of the charter, except as allowed for
in Arkansas Code Annotated §
6-23-306(14)(C).
Should an applicant believe that the use of a weighted lottery is required by
federal court or administrative order, the applicant shall furnish a copy of
the order.
12. Summarize the job
descriptions of the school director and other key personnel. Specify the
qualifications to be met by professional employees (administrators, teachers,
counselors, etc.) of the program. List the types of administrative positions,
teaching positions, and support positions and how many of each.
13. Explain how the school will conduct its
business office, with what personnel, and describe the process by which the
governance structure of the school will adopt an annual budget.
14. Describe the manner in which an annual
audit of the financial and programmatic operations of the school will be
conducted. Act 993 of 2011 requires that the Division of Legislative Audit
conduct every new charter school's first-year audit unless the State Board
approves otherwise. If the school wishes to utilize a licensed accountant or
licensed certified public accountant to perform the first-year audit, please
identify the accountant by name, firm, address, and phone number. The named
accountant must meet the requirements of ADE Rules Governing Publicly Funded
Educational Institution Audit Requirements, including the prohibition on
auditors providing non-audit services (such as accounting or consulting
services) to auditees. A school's preference as stated in this Application may
not be changed without prior approval of the State Board of
Education.
15. Provide a statement
affirming that the public charter school will participate in the Arkansas
Public School Computer Network, as required by state statute and by State Board
of Education rule, for reporting both education data and financial data,
including grant funds or private donations received directly by the charter
school itself.
16. Describe the
facilities to be used. Give the present use of the facility. If the facility to
be used for the school is a facility of a school district, describe the terms
established by the local school board of the district stipulating the
relationship between the proposed public charter school and the district
pertaining to the use of the facility. Attach a copy of the agreement, signed
by the president of the local school board, the chair or president of the
governing body of the proposed open-enrollment public charter school, and the
chief operating officer of the proposed charter. If the facility is not
operated by a school district, attach a copy of the Facilities Utilization
Agreement, signed by the entity owning or operating the facility and the chief
operating officer of the proposed charter. A proposed lease may also be
submitted but is not required. Please note that any lease or other debt must be
approved by the Commissioner of Education.
Please identify the owner(s) of the proposed facility and
describe their relationship, if any, with:
(1) Members of the local board of the public
school district where the proposed open-enrollment public charter school will
be located,
(2) Employees of the
public school district where the proposed open-enrollment public charter school
will be located,
(3) The eligible
entity sponsoring the open-enrollment public charter school, or
(4) Employees/directors/administrators of the
sponsoring entity or proposed open-enrollment public charter school.
Include a statement that the facility will comply with all
requirements for accessibility in accordance with the Americans with
Disabilities Act (ADA) and Individuals with Disabilities Education Act (IDEA)
and all other state and federal laws. If the facility does not currently meet
these requirements, provide a list of items that will need to be addressed to
bring the facility into compliance. Also include a statement of permissible
uses for the facility from the local zoning authority, and whether there are
any alcohol sales within 1000 feet of the facility.
An open-enrollment public charter school shall not commence
operations with students in any facility unless the school has obtained a
certificate of occupancy issued by a local code official approved by the state
fire marshal, a certificate of occupancy or other approval of the state fire
marshal, or a certificate of substantial completion issued by a licensed
architect. The occupancy limits of any facility shall be as determined by the
local code official or state fire marshal.
17. For each and every individual
specifically identified by name in Section A of the Application (the contact
person, chief operating officer, board members, and other individuals),
identify any family or financial relationship which may exist between that
individual and:
(A) Any other individual
specifically identified by name in Section A of the Application;
(B) Any individual or entity whom the
sponsoring entity or charter school has contracted with, or intends to contract
with, to provide any services or products for the proposed charter school;
or
(C) The owner(s) of the
facilities to be used.
For the purpose of this Standard, an individual has a financial
relationship with another individual or entity if he or she:
(1) Receives compensation or benefits
directly or indirectly from the entity or individual;
(2) Is an officer, director, partner,
employee, or owner of more than 5% of the shares of an entity that is a
corporation, partnership, sole proprietorship, or LLC; or
(3) Has a family member (spouse, sibling,
parent or child, or the spouse of a sibling, parent, or child) who is an
officer, director, partner, employee, or owner of more than 5% of the shares of
an entity that is a corporation, partnership, sole proprietorship, or
LLC.
18.
Describe the manner in which the school will make provisions for the following
student services unless a waiver is being sought:
A) Guidance Program
B) Health Services
C) Media Center
D) Transportation
E) Special Education
F) Alternative Education, including
Alternative Learning Environments
G) Gifted and Talented Program
Please note that under federal guidelines students with
disabilities shall be provided specific services and all aspects of IDEA apply.
The public charter school cannot waive the responsibility of providing services
for students with disabilities.
19. Describe the manner in which the school
will make provisions for food services. State whether the proposed charter
school will apply to participate in the federal National School Lunch program
or other federal nutrition programs.
20. Describe how the parents or guardians of
the enrolled students will be involved with the school and its educational
programs.
21. List the provisions
of Title 6 of the Arkansas Code Annotated (Education Code), State Board of
Education rules, and sections of the Standards for Accreditation of
Arkansas Public Schools and School Districts that the open-enrollment
public charter school seeks to be exempted from in order to meet the goals of
the school. Identify the specific statute, rule, or standard requested to be
waived by title and section number if applicable. Provide a brief
description of the rationale for each waiver requested.
22. Describe the potential impact of the
proposed open-enrollment public charter school on the efforts of affected
public school district(s) to comply with court orders and statutory obligations
to create and maintain a unitary system of desegregated public
schools.
Attachments must be included in the following
order:
* Applicant's attachments (if any) supporting narrative
responses
* A copy of the school's calendar and daily schedule
(required)
* Facilities utilization agreement (required)
* Proposed two-year budget estimate using worksheet as provided
(required)
* Proposed salary schedule for both administrative and teaching
positions (required)
* Evidence of status as eligible entity (required)
* Evidence of parental and community support (applicant's
attachments)
* Signed Statement of Assurances Form (required)
OPEN-ENROLLMENT PUBLIC CHARTER SCHOOL FACILITIES
UTILIZATION AGREEMENT
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Charter School Budget Information
The Budget Worksheet has been developed for application
purposes. It is intended to challenge the applicant to consider the many
expenses incurred in the operation of a school. It is formatted to expedite the
application process. Budget revenues must equal or exceed expenses for each
school year.
Upon approval of the Open-Enrollment Public Charter School, the
ADE Public School Finance and Administrative Support Section will provide
technical assistance. At that time, a detailed budget will be developed
specific to the terms of the Charter. That budget will also meet the data
reporting requirements of the Arkansas Public School Computer Network.
The Budget Worksheet is to be used as an estimate of the
Revenues and Expenditures associated with the operation of the Open-Enrollment
Public Charter School. The Expenditures section is a comprehensive overview of
the normal expenses incurred in the operation of a school.
The following definitions are provided to assist the applicant
in the completion of the Budget Worksheet:
The "Number of Students" is the number of students expected to
be enrolled in the open-enrollment public charter school. The description of
student numbers including addition of students by year and or grade must
clearly be defined within the application.
All public schools in Arkansas receive "foundation funding," a
set amount of money per student based upon average daily membership, the amount
determined necessary to provide all students with an adequate education. Please
note the funding amounts are based on the 2012-2013 amounts, as the General
Assembly has not yet determined the funding amounts for future years.
Number of Positions, both certified and non-certified should be
stated as the full time equivalent (FTE) of each position. For example, if the
Charter will have 5 FTE's position at 1.00 and 3 part-time FTE's positions at
.50 employees: the 5.00 FTE's position equal a total of 5.00 FTE's positions,
the 3 part-time .50 FTE's positions equal a total of 1.50 FTE's positions, for
a grand total of 6.50 FTE's positions.
Fringe Benefits at a minimum should include F.I.C.A., teacher
retirement, health insurance, and unemployment obligations.
Two budget worksheets must be completed, one for the school's
first year of operation and one for the school's second year of operation. The
proposed budget should not rely on one-time grants or other funds that are not
presently guaranteed.
Public Charter School Application Estimated Budget
Worksheet, Year One (2013-2014)
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Public Charter School Application Estimated Budget
Worksheet, Year Two (2014-2015)
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OPEN-ENROLLMENT PUBLIC CHARTER SCHOOL APPLICATION
STATEMENT OF ASSURANCES
The signature of the President of the Board of Directors of the
proposed public charter school's sponsoring entity certifies that the following
statements are and will be addressed through policies adopted by the sponsoring
entity and policies to be adopted by the public charter school; and, if the
application is approved, that the sponsoring entity, governing body,
administration, and staff of the open-enrollment charter shall abide by
them:
1. The information submitted in
this application is true to the best of my knowledge and belief and this
application has been sent to the superintendent of all the districts from which
we intend to draw students.
2. The
proposed open-enrollment public charter school shall be open to all students,
on a space-available basis, and shall not discriminate in its admission policy
on the basis of gender, national origin, race, ethnicity, religion, disability,
or academic or athletic eligibility, except as follows: the open-enrollment
public charter school may adopt admissions policies that are consistent with
federal law, regulations, or guidelines applicable to charter schools. The
charter may provide for the exclusion of a student who has been expelled from
another public school district.
3.
In accordance with federal and state laws the proposed open-enrollment public
charter school hiring and retention policies of administrators, teachers, and
other employees shall not discriminate on the basis of race, color, national
origin, creed, sex, ethnicity, sexual orientation, mental or physical
disability, age, ancestry, or special need.
4. The proposed open-enrollment public
charter school shall operate in accordance with federal laws and rules
governing public schools; applicable provisions of the Arkansas Constitution;
and state statutes or regulations governing public school not waived by the
approved charter.
5. An
open-enrollment public charter school shall not use the moneys that it receives
from the state for any sectarian program or activity, or as collateral for
debt.
However, open-enrollment public charter schools may enter into
lease-purchase agreements for school buildings built by private entities with
facilities bonds exempt from federal taxes under 26 USCS 142(a) as allowed by
Arkansas Code Annotated §
6-20-402. No indebtedness of an
open-enrollment public charter school shall ever become a debt of the state of
Arkansas.
6. The proposed
open-enrollment public charter school shall not impose taxes or charge students
tuition or fees that would not be allowable charges in the public school
districts.
7. The proposed
open-enrollment public charter school shall not be religious in its operations
or programmatic offerings.
8. The
proposed open-enrollment public charter school shall ensure that any of its
employees who qualify for membership in the Arkansas Teacher Retirement System
or the State and Public School Employee Insurance Program shall be covered
under those systems to the same extent a qualified employee of a traditional
school district is covered.
9. The
employees and volunteers of the open-enrollment public charter school are held
immune from liability to the same extent as other public school district
employees and volunteers under applicable state laws.
10. The open-enrollment public charter school
shall be reviewed for its potential impact on the efforts of a public school
district or public school districts to comply with court orders and statutory
obligations to create and maintain a unitary system of desegregated public
schools.
11 . The proposed
open-enrollment public charter school shall comply with all health and safety
laws, rules and regulations of the federal, state, county, region, or community
that may apply to the facilities and school property.
12. The charter applicant should know that
certain provisions of state law shall not be waived. The proposed
open-enrollment public charter school is subject to any prohibition,
restriction, or requirement imposed by Title 6 of the Arkansas Code Annotated
and any rule and regulation approved by the State Board of Education under this
title relating to:
(a) Monitoring compliance
with Arkansas Code Annotated §
6-23-101 et seq. as determined by
the Commissioner of the Department of Education;
(b) Conducting criminal background checks for
employees;
(c) High school
graduation requirements as established by the State Board of
Education;
(d) Special education
programs as provided by this title;
(e) Public school accountability under this
title;
(f) Ethical guidelines and
prohibitions as established by Arkansas Code Annotated §
6-24-101
et seq.,
and any other controlling state or federal law regarding ethics or conflicts of
interest; and
(g) Health and safety
codes as established by the State Board of Education and local governmental
entities.
13. The
facilities of the proposed public charter school shall comply with all
requirements for accessibility for individuals with disabilities in accordance
with the ADA and IDEA and all other state and federal laws.
14. Should the open-enrollment public charter
school voluntarily or involuntary close, the applicant should know that any
fees associated with the closing of the school including but not limited to
removal of furniture, equipment, general expenses, etc, are the sole
responsibility of the sponsoring entity. No indebtedness of any kind incurred
or created by the open-enrollment public charter school shall constitute an
indebtedness of the state or its political subdivisions, and no indebtedness of
the open-enrollment public charter school shall involve or be secured by the
faith, credit, or taxing power of the state or its political subdivisions. Upon
dissolution of the Open Enrollment Public Charter School or upon nonrenewal or
revocation of the charter, all net assets of the Open Enrollment Public Charter
School, including any interest in real property, purchased with public funds
shall be deemed the property of the state, unless otherwise specified in the
charter of the Open Enrollment Public Charter School. If the Open Enrollment
Public Charter School used state or federal funds to purchase or finance
personal property, real property or fixtures for use by the Open Enrollment
Public Charter School, the State Board of Education may require that the
property be sold. The state has a perfected priority security interest in the
net proceeds from the sale or liquidation of the property to the extent of the
public funds used in the purchase.
________________________________________
Date:__________________
Signature of
President of the Sponsoring Entity Board of Directors
________________________________________
Print or type name
Open-Enrollment Public Charter School Application
Checklist
[] Submit one (1) page letter of intent by certified mail,
following the letter of intent guidelines to ADE Charter School Office. Letter
of intent must be received by the Charter School Office no later than
4:00 p.m., June 30.
[] Submit copy of letter of intent to superintendent of local
district by certified mail. Letter of intent must be received by the
local district no later than 4:00 p.m., June 30. Provide verification in
the form of certified mail receipts and a copy of the letter to ADE Charter
School Office. Documentation shall be included in the charter school
application.
[] Publish the notice of public hearing following these
requirements
A. The notice of the
public hearing was published on a weekly basis for at least three (3)
consecutive weeks prior to the date of the hearing in a newspaper having
general circulation in the school district in which the school will likely be
located.
B. The notice of public
hearing shall not be published in the classified or legal notice section of the
newspaper.
C. The last publication
of notice shall be no less than seven (7) days prior to the public
meeting.
D. Within seven (7)
calendar days following the first publication of the notice of the public
hearing, letters announcing the public hearing shall be sent to the
superintendents of each of the school districts from which the open-enrollment
public charter school is likely to draw students for the purpose of enrollment
and the superintendents of any district that is contiguous to the district in
which the open-enrollment public charter school will be located.
Documentation that these requirements have been met must
be included in the charter school
application.
[] Conduct the public hearing; include results of the public
hearing in the charter school application.
[] Additional check points for the charter application
* Responses to section D of the application, including
attachments, cannot exceed 55 pages
* Sections A and B of the application form are completed
* Facilities utilization agreement must be included
* Copy of proposed two-year budget estimate must be
included
* Copy of the proposed school calendar must be included
* Copy of the proposed daily schedule must be included
* Copy of proposed salary schedule must be included
* Documentation of status as eligible entity must be
included
* Evidence of parental and community support
* Signed statement of assurance page must be included
[] Submit final copies of the charter school application to ADE
Charter School Office as follows:
* 1 original copy with original signatures (unbound)
* 12 copies of the original (bound/stapled, no
notebooks)
* 1 cd copy in either Microsoft Word or Adobe Acrobat PDF
(labeled)
* Submit final copy of the charter school application to the
attention of the superintendent of the public school district where the
open-enrollment public charter school will be located by August 31. Include
verification in the form of certified mail receipt and a copy of the letter as
attachment in the charter school application.
* Submit copies of charter school application to the
superintendent of all school districts to be affected by the proposed charter
school by certified mail by August 31. Include verification in the form of
certified mail receipts and a copy of the letter as attachment in the charter
school application.
* If the local school board denies the application for an
open-enrollment public charter school and the applicant intends to appeal the
decision, a letter of appeal by certified mail must be submitted to the ADE
Charter School Office within ten (10) days of receiving official notification
of the local board's decision.
It is the applicant's responsibility to comply with all
aspects of Arkansas Code Annotated §
6-23-101 et seq., the ADE Rules
Governing Charter Schools, and the requirements outlined in the application for
an open-enrollment public charter school. Contact the ADE Charter School Office
for questions and for assistance with developing the application.
SUGGESTED LEASE AGREEMENT FORM (Sample)
This Agreement, made this ____________ day of____________,
between _________________, whose address is ___________ (the Lessor)
and____________, whose address is__________________, (the Lessee)
Witnesseth:
1. Leased Premises. For
and in consideration of the rents, covenants and agreements herein entered into
and agreed upon by the Lessee as obligations to the Lessor, the Lessor lets,
leases and demises until Lessee, subject to the terms and conditions contained
herein, the following described property situated in ____________ County,
Arkansas:
(DESCRIPTION)
To have and to hold the premises unto the Lessee for and during
the term herein stated, subject to the covenants, terms, conditions and liens
herein contained.
2. Term.
This lease shall commence on_____________, and shall extend for a term of
__________ [years] [months], ending at midnight on_______________. [Note: If
the lease is a periodic tenancy, rather than an estate for years, these
provisions will have to be altered accordingly.]
3. Rent. Lessee agrees to pay to Lessor as
rental for the full term of this lease the sum of $____________, payable in
________ equal [monthly] installments of $___________ each, to be paid in
advance on the first day of____________, and on the first day of each and every
[month] thereafter during the term of this lease.
4. Signs. Lessee shall not erect or install
any exterior signs or advertising of any kind without the written consent of
Lessor having first been obtained. Lessee agrees not to utilize any form of
advertising that may or shall be deemed objectionable to Lessor or to the
general public, including but not limited to loudspeakers, phonograph or
related electronic equipment, radios, or similar devices which will be operated
in such a manner as to project sound outside of the leased premises.
5. Lessor's Repairs. Lessor shall maintain
the exterior walls, doors and roof of the structure[s] upon the leased premises
in a reasonable state of repair [and shall make such repairs to the surface of
the parking area] as may be required to keep and maintain the same in a good
and tenantable condition. If Lessee is deprived of the use of [a substantial
portion] [more than _________percent] of the leased premises during the making
of any such repairs by the Lessor, the rent shall be abated or proportionately
reduced according to the extent to which Lessee is deprived of such
use.
6. Lessee's Repairs. Lessee
shall keep the interior of the building, including interior walls and doors,
wiring, plumbing, and window and door glass, in good repair, and shall maintain
the heating and air conditioning equipment, all at Lessee's expense. Lessee
agrees to satisfy promptly any lien or valid claim asserted against the leased
premises for work done or materials furnished. Lessee shall, at the
termination, surrender or forfeiture of this lease, return the premises with
the interior, including all of the above items, in as good and satisfactory
condition as the same was at the beginning of the lease, normal wear and tear
excepted.
7. Taxes. [Lessor]
[Lessee] shall pay any and all ad valorem taxes and special improvement
district taxes levied and assessed against the premises and the improvements
located thereon during the term of this lease. Such taxes and assessments shall
be pro-rated for any fractional calendar year.
8. Use. Lessee agrees to use the leased
premises for the purpose of operating a public charter school and for no other
purpose or purposes without the written consent of Lessor and the Arkansas
State Board of Education having been obtained in advance.
9. Payment of Rent and Notices. The rent
payable hereunder shall be paid to Lessor at_____________. Any notice provided
for herein shall be given by certified mail with postage prepaid, addressed, if
to Lessor, at the address to which the rent is then paid, and if to Lessee, at
____________. The person and the place to which notices are to be mailed may be
changed by either party by notice to the other party.
10. Assignment. Lessee shall not assign this
lease or sublet the leased premises without prior written consent of the Lessor
and the Arkansas State Board of Education. Any such assignment or subletting
shall in no way relieve Lessee from liability for the obligation imposed by
this lease. Lessee may only be released from liability by a specific written
release executed by Lessor.
11.
Lessee's Default. If Lessee shall be in default as to the payment of rent for a
period of [thirty (30) days], or as to any other covenant herein provided for
more than [thirty (30) days] after receipt of notice from Lessor specifying
such default, or if any petition be filed in bankruptcy, including petitions
for arrangements and reorganizations, by or against Lessee and such petition be
not dismissed within [thirty (30) days] after its filing, or if a receiver or
trustee be appointed for Lessee by reason of Lessee's insolvency or inability
to pay its creditors, Lessor shall have the right, without limitation upon any
other rights which may be given Lessor by law or by any other provision of this
lease agreement, to re-enter the leased premises and relet the same as agent
for Lessee upon the best terms and conditions reasonably obtainable, and Lessee
shall be liable to the Lessor for the difference, if any, between the rent so
obtained and the minimum rent stipulated to be paid in this lease. Lessee
agrees that in such event [he, it] will vacate the leased premises without
further notice, and if it becomes necessary to bring any legal action to
recover possession, Lessee agrees to pay a reasonable fee for the attorney of
Lessor in such action. Lessor agrees that upon the occurrence of any event of
default listed in this paragraph, Lessor shall give notice of default to the
Arkansas Department of Education, Attn: Legal Services, Four Capitol Mall, Room
404-A, Little Rock, AR 72201.
12.
Non-Waiver. It is agreed that the failure of Lessor to invoke any of the
available remedies under this lease or under law in the event of one or more
breaches or defaults by Lessee under the lease shall not be construed as a
waiver of such provisions and conditions and shall not prevent Lessor from
invoking such remedies in the event of any future breach or default.
13. Holdover. Lessee hereby agrees that upon
the termination of this lease by expiration or by earlier termination for any
reason whatsoever, Lessee will peaceably deliver possession of the leased
premises to Lessor. In the event Lessee shall be permitted by Lessor to hold
over after the expiration or termination of this lease, or any extension
thereof, such holding over (in the absence of any written agreement to the
contrary) shall be construed as a tenancy from calendar month to calendar month
at a monthly rental equal to the rental for the last month paid under this
lease. A month-to-month tenancy arising by Lessee's holding over under this
paragraph may be terminated by written notice from either party to the other
party on or before the day on which any monthly rent is due with termination
not becoming effective until the day on which the next following monthly rental
would have otherwise become due. In the event it should become necessary for
Lessor to institute any action at law to recover possession at the time of
termination, whenever and however termination may occur, Lessee agrees that it
will pay all costs and expenses of such action, including reasonable attorneys'
fees.
14. Casualty. If at any time
the leased premises, [or the building which forms the principal component of
the leased premises,] should be damaged by fire, or other major casualty not
the fault of Lessee, and the cost of repairing the damage does not exceed
twenty percent (20%) of the value of the improvements of the premises herein
leased, [or the building which forms the principal component part of the leased
premises,] then Lessor shall as soon as reasonably practicable repair the
damage caused by fire or other casualty. If, however, the damage should exceed
twenty percent (20%) of the value of the improvements of the premises herein
leased, [or the building which forms the principal component part of the leased
premises,] then Lessor shall have the option of either repairing the premises
as set out above or terminating this lease as of the date of fire or other
casualty by notice to Lessee within thirty (30) days after such date. If the
damage should render the leased premises untenantable for the use of the
Lessee's business as set forth herein, the rental from the date of fire, or
other major casualty not the fault of Lessee, to the date of the completion of
the restoration of the premises shall be abated, such abatement being figured
on a pro rata basis of the rentals, herein provided.
15. Condemnation. In the event all of the
leased premises or such part thereof as renders the leased premises unsuitable
for use in the activity or business of the Lessee, shall be acquired or taken
by eminent domain for any public or quasi-public purpose, then the term of this
lease shall cease and terminate as of the date of taking.
In the event that a partial taking does not render the leased
premises unsuitable for use in the activity or business of the Lessee, this
lease shall continue in full force and effect with a reduction in the rent
proportionate to the amount of usefulness or necessity of the leased premises
actually taken.
All damages awarded as a result of any taking, except such
damages as are herein defined as Lessee's damages, shall be awarded to Lessor.
Lessee shall be entitled to receive all damages which are compensation for
damages to the leasehold estate and for removal of Lessee's business, fixtures,
furniture and equipment. Lessee's right to damages shall be a right against the
taking authority alone, and Lessee shall not be entitled to recover any damages
from Lessor.
16. Insurance
on Improvements. [Lessee] shall maintain, at [Lessee's] expense, fire, hazard
and extended coverage insurance, [including plate glass insurance,] in the
amount of the replacement value of any improvements erected upon the leased
premises. A certificate of such insurance shall be delivered to [Lessor] prior
to the inception of this lease. [Lessee] shall reimburse [Lessor] for the
premiums paid for such insurance upon receipt of notice of the amount due, if
[Lessor] is required to pay such premiums.
17. Insurance on Lessee's Property. Lessee
shall be solely responsible for maintaining insurance on [his, its] property,
including but not limited to movables, trade fixtures installed by Lessee,
furniture, furnishings and inventory.
18. Liability Insurance. Lessee shall, during
the term of this lease, maintain public liability insurance on the leased
premises and on the business operated by the Lessee or any subtenant occupying
the leased premises. The limits of such public liability insurance shall not be
less than __________ per person, __________per accident, and ___________ for
property damage. The policy representing such insurance shall name Lessor, [its
successor, or his heirs] and assigns, and Lessee as insured. Such policy shall
contain a clause that the insurer will not cancel or change the insurance
without giving Lessor, [its successors, or his heirs] or assigns, ten (10)
days' written notice, and a certificate of such insurance shall be delivered to
Lessor prior to the inception of this lease.
19. Common Areas. Any parking area or other
common areas which Lessor may provide shall be for the joint use of Lessor,
Lessee, other tenants of Lessor, and the customers, invitees and employees of
Lessor, Lessee, and other tenants of Lessor; Lessor hereby grants to Lessee the
right, during the term of this lease, to use any parking area and other common
areas which may be provided in common with others entitled to the use thereof.
The use thereof shall be subject to such reasonable regulations or limitations
as Lessor shall make or require from time to time.
20. Compliance with Laws. Lessor and Lessee
agree not to violate any law, ordinance, rule or regulation of any governmental
authority having jurisdiction of the leased premises and, if required solely by
reason of Lessee's type of business, to make nonstructural repairs,
improvements and alterations to the interior of the building on the leased
premises and the common areas required by such authority.
21. Trash. All trash and refuse deposited
outside the building must be placed in sufficient receptacles furnished by
Lessee [approved by the Public Works Department].
22. Title and Quiet Enjoyment. Lessor
covenants and warrants that it is the owner in fee simple absolute of the
leased premises and may lease the premises as herein provided. Upon payment by
Lessee of the rents herein provided and upon the observance and performance of
all the covenants, terms and conditions upon Lessee's part to be observed and
performed, Lessee shall peaceably and quietly hold and enjoy the demised
premises for the term hereby demised without hindrance or interruption by
Lessor or any other person or persons lawfully or equitably claiming by,
through or under Lessor, subject to the terms and conditions of this
lease.
23. Succession. This lease
agreement shall inure to the benefit of and be binding upon the parties hereto
and their respective heirs, successors and assigns.
24. Waste. Lessee agrees not to commit waste,
nor permit waste to result or to be done to or upon the property and premises;
not to conduct any business thereon or therein, nor store or permit to be
stored thereon or therein any explosives, combustible substances or materials
of any nature, which would increase the fire hazard or cause a premium to be
charged for insurance higher than that charged for the present use of such
property; and not to operate, nor permit to be operated, nor to exist thereon
or therein, any public or private nuisance.
25. Assets. Lessor and Lessee agree that
pursuant to Ark. Code Ann. §
6-23-506: Upon dissolution of the
open-enrollment charter school or upon non-renewal of the charter, all net
assets of the open-enrollment charter school purchased with public funds shall
be deemed the property of the State, unless otherwise specified in the charter
of the open-enrollment charter school. Lessor agrees to give the State
reasonable time and opportunity to remove such assets from the premises upon
any event of default or any re-entry or re-letting as allowed by paragraph
11.
26. State Immunity. Lessor and
Lessee agree that no indebtedness of any kind incurred or created by the
open-enrollment charter school shall constitute an indebtedness of the State or
its political subdivisions, and no indebtedness of the open-enrollment charter
school shall involve or be secured by the faith, credit or taxing power of the
State or its political subdivisions.
Furthermore, Lessor and Lessee agree that the Lessee shall not
use the moneys received from the State pursuant to Ark. Code Ann. §§
6-23-101,
6-23-201,
6-23-301,
6-23-401 or
6-23-501 et seq., for any sectarian
programs or activity or as collateral for any debt, including any debt incurred
by Lessee to Lessor pursuant to the provisions of the Lease Agreement.
27. Use of State Funds. Lessor and
Lessee agree that Lessee shall not pay for any improvements, upgrades,
additions or repairs to the leased facility described herein except as a
reasonable part of the agreed upon rent payment described in paragraph 3 and
those agreed upon Lessee repairs agreed upon in paragraph 6 of this Agreement.
Furthermore, to the extent that any portion of rent payment in paragraph 3 or
Lessee repairs in paragraph 6 are to be paid from State funding, the Lessor and
Lessee shall provide a detailed budget and expenditure report specifying
exactly that portion of rent payment or repair cost concerning any
improvements, upgrades, additions or repairs to the lease facility and the
amount of State funds to be used to support those components of the rent or
repair cost to the Lessee.
28.
State Approval. Lessor and Lessee agree that to the extent this Lessee will use
any State funds from the Arkansas Public School Fund to pay the obligations of
this lease agreement, the Lessee is first required to submit a copy of a
detailed lease agreement (along with attached budget and expenditure report)
setting forth all terms required herein along with any other relevant
information required by the Arkansas Department of Education and obtain the
express approval of the Commissioner of Education; otherwise this Agreement
shall be considered null and void. Furthermore, neither the Lessor nor the
Lessee shall change the terms or conditions of this Agreement without first
obtaining the express approval of the Commissioner of Education. Any such
change without the express approval of the Commissioner of Education shall be
considered null and void to the extent State funds are used as consideration to
meet the obligations contained herein. Notwithstanding any other provision
herein, the Lessor and Lessee agree that the State of Arkansas, the Arkansas
State Board of Education, the Commissioner of Education, and the Arkansas
Department of Education are neither parties to nor third-party beneficiaries of
this Lease Agreement.
29. Health,
Safety, Facility and Zoning Codes. The Lessor and Lessee agree that the above
described lease facility and the location of the facility comply with and meet
all health, safety, facility and proper zoning codes of the State of Arkansas
or any political subdivisions of the State. Specifically, the Lessor agrees
covenants and warrants that the above described lease facility meets all state
and local laws, regulations and ordinances with regard to fire, safety and
health code conditions and requirements and that the facility is properly
located in an appropriate zoned area sufficiently removed from any adult
novelty, liquor or gaming locations of business or transaction so as to comply
with state or local laws, ordinances or regulations and thus be in compliance
with Ark. Code Ann. §
6-23-401.
30. Severability. Each paragraph of this
lease agreement is severable from all other paragraphs. In the event any court
of competent jurisdiction determines that any paragraph or subparagraph is
invalid or unenforceable for any reason, all remaining paragraphs and
subparagraphs will remain in full force and effect.
31. Interpretation. This lease agreement
shall be interpreted according to and enforced under the laws of the State of
Arkansas.
32. Entire Agreement.
This lease agreement contains the entire agreement of both parties hereto, and
no other oral or written agreement shall be binding on the parties hereto. This
lease agreement supersedes all prior agreements, contracts and understandings
of any kind between the parties relating to the subject matter thereof. This
agreement may be executed in one or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same
instrument.
33. Notice. All
notices, requests, demands and other communications required by or permitted
hereunder shall be in writing and shall be deemed to have been duly given when
received by the party to whom directed; provided, however, that notice shall be
conclusively deemed given at the time of its deposit in the United States mail
when sent by certified mail, postage prepaid, to the other party at the
following addresses (or at such other addresses as shall be given in writing by
either party to the other):
[List Addresses]
34. Release of Dower: The undersigned, wife
of Lessor herein, does hereby release and relinquish unto Lessee, for the term
hereof and any extension thereof, all rights of dower and homestead which she
has in the leasehold estate conveyed hereby to Lessee.
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands and seals on this ___________ day of ____________.
_____________________
Lessor
_____________________
[Spouse of Lessor]
_____________________
Lessee
[ACKNOWLEDGMENT]
Charter School Application Evaluation
Instrument
The following instrument will be used to evaluate
applications submitted to the Arkansas Department of Education ("ADE") for the
establishment of new open-enrollment public charter schools. This instrument is
only intended to provide clarity, transpareny and consisteny in the charter
school application review process.
The ADE will use the following instrument only to evaluate the
quality of an open-enrollment public charter school application against the
criteria stated herein. For each of the application requirements, the criteria
define the characteristics and elements of a response that meet the standard
for charter approval. The following definitions will guide the rating of each
information requirement:
|
Meets the Standard:
|
The response reflects a thorough understanding of key
issues and demonstrates capacity to open and operate a quality charter school.
It addresses the topic with specific and accurate information that shows
thorough preparation and presents a clear, realistic picture of how the school
expects to operate.
|
|
Partially Meets the Standard:
|
The response addresses most of the criteria, but
response lacks meaningful detail and requires important additional
information.
|
|
Does Not Meet the Standard:
|
The response lacks meaningful detail, demonstrates lack
of preparation, or otherwise raises substantial concerns about the applicant's
understanding of the issue in concept and/or ability to meet the requirement in
practice.
|
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