Mississippi Administrative Code
Title 10 - Education Institutions and Agencies
Part 402 - MCSAB Board Policies
Chapter 1 - Request for Proposals 2013
Section 10-402-1-IX - EDUCATION SERVICE PROVIDER RELATIONSHIP
Rule 10-402-1-IX-1.12 - Education Service Provider Relationship
Universal Citation: MS Code of Rules 10-402-1-IX-1.12
Current through September 24, 2024
If the proposed school intends to contract with an education service provider (ESP) " such as a charter management organization " provide the following additional information:
A. ESP Selection
1. Explain how and why the ESP was
selected.
B. Background Information
1. As
Attachment AA, provide background information, including proof of United States
citizenship, on the principal individuals affiliated with the ESP. Background
information should include a resume for each of the principal
individuals.
2. As part of
Attachment AA, provide evidence that the ESP is a nonprofit organization. This
evidence should include an IRS tax-exempt determination letter.
C. ESP Track Record
1. List of all schools operated by the ESP
that serve the same grade levels as and student populations demographically
similar to the anticipated population of the proposed school. Include name,
year opened, contact information, location, number of students, and contact
information for the authorizer for each currently operating school.
2. Explain the ESP's success in serving
student populations similar to the target population of the school. Describe
the ESP's demonstrated academic track record as well as successful management
of non-academic school functions (e.g., back-office services, school
operations, extracurricular programs).
3. As Attachment AA, provide student
performance data, including disaggregated student performance data (growth data
where possible), for all schools operated by the ESP that serve the same grade
levels as and student populations demographically similar to the anticipated
population of the proposed school.
4. Provide evidence of the financial health
of the ESP in Attachment T.
D. Legal Relationships
1. As a part of Attachment U, provide
evidence that the board is independent from the ESP and self-governing,
including separate legal representation of each and arms-length
negotiating.
2. Disclose and
discuss any existing or potential conflicts of interest between the ESP or any
affiliated business entities and the school governing board.
3. If the charter school intends to enter
into a lease, execute promissory notes or other negotiable instruments, or
enter into a lease-purchase agreement or other financing relationships with the
ESP, the applicant must provide evidence that such agreements are separately
documented and not a part of or incorporated in the ESP agreement as part of
Attachment BB.
E. Contract
1. As Attachment BB,
provide the term sheet for the ESP which must include the following:
a. The proposed duration of the service
contract;
b. Roles and
responsibilities of the governing board, school staff, and the ESP;
c. The scope of services and resources to be
provided by the ESP;
d. Performance
evaluation measures and timelines;
e. The compensation structure, including
clear identification of all fees to be paid to the ESP;
f. Methods of contract oversight and
enforcement;
g. Investment
disclosure; and h. Conditions for renewal and termination of the
contract.
2. Provide a
detailed description of the roles and responsibilities of the ESP in contrast
with the roles and responsibilities of the governing board and school
staff.
3. Describe the scope of
services and all resources to be provided by the ESP.
4. Describe the oversight and evaluation
methods that the Board will use to oversee the ESP.
a. What are the school-wide and student
achievement results that the management organization is responsible for
achieving?
b. How often, and in
what ways, will the board review and evaluate the ESP's progress toward
achieving agreed-upon goals?
c.
Will there be an external evaluator to assess the ESP's performance?
d. What are the conditions, standards, and
procedures for board intervention, if the management organization's performance
is deemed unsatisfactory?
5. Describe the compensation structure,
including clear identification of all fees to be paid to the ESP.
a. What is the schedule on which the ESP will
receive compensation?
6.
Describe the financial responsibilities of the ESP, including the ownership of
items purchased with public funds.
a. Which
operating and capital expenditures will each party be responsible
for?
b. What types of spending
decisions can the management organization make without obtaining board
approval?
c. What reports must the
management organization submit to the board on financial performance, and on
what schedule?
7.
Explain the duration, renewal, and termination of the management agreement.
a. How often will the management agreement be
renewed?
b. Describe the
conditions that both the ESP and the school must satisfy for the management
agreement to be renewed.
c.
Describe the procedures for determining whether the management agreement will
be renewed.
d. On what grounds can
the ESP or the school terminate the management agreement for cause (including
provisions for notice to the other party)?
e. What are any conditions under which either
party may terminate the management agreement without cause?
f. List any indemnification provisions in the
event of default or breach by either party.
Miss. Code Ann. § 37-28-15.
Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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