AGREEMENT BETWEEN AUSTIN INDEPENDENT SCHOOL … · address is 505 Angelita Drive, Ste. 9, Weslaco,...

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December 15 th proposed final IDEA Agreement with highlighted changes since December 12 th AGREEMENT BETWEEN AUSTIN INDEPENDENT SCHOOL DISTRICT AND IDEA PUBLIC SCHOOLS Inc. This Agreement for Services (“Agreement”) is made by and between the Austin Independent School District, hereinafter referred to as “AISD,” 1111 West 6 th Street, Austin, Texas, and IDEA Public Schools, Inc. hereinafter referred to as “IDEA Public Schools” or “IDEA”, a Delaware Texas non- stock profit corporation and a Texas public charter school system whose business address is 505 Angelita Drive, Ste. 9, Weslaco, Texas 78596. IDEA Public Schools will operate under a contract for educational services in a charter school setting (the “School”) within AISD. WHEREAS, in accordance with Section 11.157 and Chapter 12, Subchapter C, of the Texas Education Code, a school district may follow a process to grant a charter to a campus by contracting with another entity to provide educational services; and WHEREAS, AISD and IDEA Public Schools desire to cooperate in rendering educational services to AISD students in a charter school setting; NOW THEREFORE, in consideration of the mutual promises herein contained and other good and valuable consideration, AISD and IDEA Public Schools agree as follows: SECTION I A. PROGRAM DESCRIPTION 1. Program Generally . IDEA will serve Eligible Students (defined below) in grades K, 1 st , 2 nd and 6 th in a School at the School Sites (defined below) made available exclusively for that use by AISD to accommodate up to an average daily enrollment of students as follows: School Year 2012-2013 K, 1 st , and 2 nd Grade: a minimum of 336 Students and a maximum of 375 Students School Year 2012-2013 6 th Grade: Students: a minimum of 112 Students and a maximum of 225 Students IDEA will add one additional grade each succeeding school year with a minimum of 125 students in the primary school grades and 225 students in the secondary. Should the minimums identified in this Section not be met, AISD and IDEA agree to determine whether the Parties can proceed under this Agreement and to advise the AISD Board of Trustees on or before June 1 st of any school year in question. 2. Educational Program and Eligible Students. Students in the IDEA School will receive intensive direct instruction in the core academic subjects at the primary level and a rigorous college preparatory program at the secondary level beginning in the 6 th grade. The IDEA primary program and secondary college prep program for curriculum and instruction is attached as Exhibit

Transcript of AGREEMENT BETWEEN AUSTIN INDEPENDENT SCHOOL … · address is 505 Angelita Drive, Ste. 9, Weslaco,...

Page 1: AGREEMENT BETWEEN AUSTIN INDEPENDENT SCHOOL … · address is 505 Angelita Drive, Ste. 9, Weslaco, Texas 78596 IDEA Public Schools . will operate under a contract for educational

December 15th proposed final IDEA Agreement with highlighted changes since December 12th

AGREEMENT BETWEEN AUSTIN INDEPENDENT SCHOOL DISTRICT

AND IDEA PUBLIC SCHOOLS Inc.

This Agreement for Services (“Agreement”) is made by and between the Austin Independent School District, hereinafter referred to as “AISD,” 1111 West 6th Street, Austin, Texas, and IDEA Public Schools, Inc. hereinafter referred to as “IDEA Public Schools” or “IDEA”, a Delaware Texas non-stockprofit corporation and a Texas public charter school system whose business address is 505 Angelita Drive, Ste. 9, Weslaco, Texas 78596. IDEA Public Schools will operate under a contract for educational services in a charter school setting (the “School”) within AISD. WHEREAS, in accordance with Section 11.157 and Chapter 12, Subchapter C, of the Texas Education Code, a school district may follow a process to grant a charter to a campus by contracting with another entity to provide educational services; and WHEREAS, AISD and IDEA Public Schools desire to cooperate in rendering educational services to AISD students in a charter school setting; NOW THEREFORE, in consideration of the mutual promises herein contained and other good and valuable consideration, AISD and IDEA Public Schools agree as follows:

SECTION I A. PROGRAM DESCRIPTION 1. Program Generally. IDEA will serve Eligible Students (defined below) in grades K, 1st, 2nd and 6th in a School at the School Sites (defined below) made available exclusively for that use by AISD to accommodate up to an average daily enrollment of students as follows:

School Year 2012-2013 K, 1st, and 2nd Grade: a minimum of 336 Students and a maximum of 375 Students

School Year 2012-2013 6th Grade: Students: a minimum of 112 Students and a

maximum of 225 Students IDEA will add one additional grade each succeeding school year with a minimum of 125 students in the primary school grades and 225 students in the secondary. Should the minimums identified in this Section not be met, AISD and IDEA agree to determine whether the Parties can proceed under this Agreement and to advise the AISD Board of Trustees on or before June 1st of any school year in question.

2. Educational Program and Eligible Students. Students in the IDEA School will receive intensive direct instruction in the core academic subjects at the primary level and a rigorous college preparatory program at the secondary level beginning in the 6th grade. The IDEA primary program and secondary college prep program for curriculum and instruction is attached as Exhibit

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A and incorporated herein by reference. The term “Eligible Student” shall mean, in the following priority for elementary students K - 5: First, students in the Allan Elementary School attendance area; secondly, by lottery if necessary, students in the Martin Middle School attendance area; and finally, by lottery if necessary, students from the District at-large. For secondary students in Grades 6 – 12: First, students in the Martin Middle School attendance area; secondly, by lottery if necessary, students from the District at-large. IDEA will ask eligible students and their respective parents/guardians to sign the IDEA pledge to uphold a student code of conduct, to reinforce college-ready habits, and to be full partners in their child’s education with IDEA, but no student will be ineligible for admission for failure to sign such pledge. Additionally, no student shall be involuntarily removed from the IDEA School without the review and approval of AISD’s Superintendent or designee. Enrollment will be based upon Texas Education Code age and grade eligibility, and other requirements under applicable state law. In accordance with Section 12.059, Texas Education Code (TEC), IDEA shall prohibit discrimination in admission on the basis of national origin, ethnicity, race, religion or disability. 3. IDEA School Calendar and Days. The IDEA School will operate on a calendar that includes generally a 177 day school year, longer school days and may include additional Saturday school days, akin to the calendar for 2011 - 12 as outlined in Exhibit B. Any reference in this Agreement or related documents to “regular school hours” shall be interpreted to mean the longer school day, any Saturday school days, and the year employed by IDEA. B. SCHOOL SITES 1. School Sites. For the term of this Agreement, AISD shall provide to IDEA an exclusive, irrevocable, non-transferable license to use and occupy designated space at the School Sites located at Allan Elementary School, 4900 Gonzales for operation of the School beginning with the 2012-13 school year and Eastside Memorial High School, 1012 Arthur Stiles Rd. beginning with the 2013-14 school year. The School Sites shall be presented in a state of readiness suitable to the needs of IDEA and in a manner at least equal in quality, condition and serviceability to that provided to other AISD students, staff and faculty. The School Sites shall be made available for occupation by IDEA on July 15, 2012. Prior to such occupation, IDEA shall have the right to inspect the School Sites, at a mutually agreed upon date and time no later than 15 days prior to occupation to ensure readiness and suitability of the School Sites and to inform AISD of any additional repairs, retrofitting or improvements required. Prior to occupation by IDEA, AISD shall make any such repairs, retrofitting or improvements as requested in writing by IDEA as are reasonable and necessary to ensure the School Sites is at least equal in quality to that provided to other AISD students, staff and faculty. In addition, AISD shall make and complete, by the time of occupation of the School Sites, or as otherwise agreed by the parties, those improvements to the School Sites. Prior to the addition of any additional grade(s), IDEA shall submit to AISD the necessary repairs or improvements necessary for the additional grade(s). At any time, IDEA may, at its own expense, make improvements or alterations to the School Sites above and beyond the obligations of AISD as set forth in this Agreement, provided IDEA provides notice to AISD of such improvements or alterations, and AISD expressly consents. 2. Utilities; Other School Site Services. AISD shall provide or cause to be provided connections to all utilities and services necessary for the operation of the School Sites. Costs for all

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utilities and services shall be borne in their entirety by IDEA. Utilities and services shall include, but not necessarily be limited to, electricity, water, sewage, gas, heat, garbage, recycling, local phone, cable, internet/network infrastructure or other utility or service related to the School Sites (including any installation, equipment or repair required for such utility or service). 3. Maintenance; Ongoing Repairs. IDEA shall be responsible for the routine care, cleaning and maintenance of the School Sites. IDEA shall also be responsible for any School Sites repairs, the cost of which would be less than $5,000 per event. For repairs that cost over $5,000, IDEA shall be responsible for repairs to building and site systems that have been caused by IDEA’s negligence or lack of care, the determination of which shall be made solely by AISD. For all other repairs, AISD shall be responsible for said costs. IDEA agrees to notify AISD in writing of any repairs that are the responsibility of AISD, and AISD agrees to undertake such repairs as soon as possible. If the performance of a repair for which AISD is responsible requires an extended period of time, AISD will advise IDEA of such, and will endeavor to provide an interim repair solution until such time as the final repair can be made. Should there be any delay of more than 60 days in making the repair, IDEA may request AISD’s permission to make the repair, the permission for which shall not be unreasonably withheld. The cost of any repair made by IDEA for which AISD is responsible shall be reimbursed by AISD within 45 days of receipt of IDEA’s request for reimbursement and documentation evidencing that the repair was made. 4. Access to School Sites. At no time shall AISD occupy, or allow others to occupy, any of the designated space at the School Sites without first obtaining the express written consent of IDEA. IDEA shall have access to and use of the Sites at any and all times during the term of this Agreement. 5. ADA. AISD shall be responsible for and shall pay for any costs associated therewith, ensuring that the School Sites are accessible to people with disabilities in a manner consistent and compliant with Title III of the Americans with Disabilities Act and State law. IDEA shall make reasonable effort to inform AISD of any special needs that may exist, to the extent IDEA has been made aware of such needs. 6. Compliance with Laws. The facilities shall be maintained and operated by AISD in accordance with all local ordinances, state and federal law, and district policy, and regulations. 7. Damages. IDEA assumes responsibility for any damages to the School Sites or their contents caused by IDEA students, parents, guests and/or staff during regular school hours and school sponsored activities, not including normal wear and tear as incurred in a manner comparable to that at other AISD campuses. 8. Security of School Sites. AISD shall provide security services and resource officers to the School and School Sites as requested by IDEA in a manner equal to the security services and resource officers provided to other AISD students, staff, and property, at AISD’s actual costs, such costs to be borne by IDEA. The security services personnel on the School Sites shall coordinate with the Assistant Principal of Operations to ensure security is provided in accordance with the IDEA Security Policy to the extent possible.

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9. Furnishings and Equipment. AISD shall provide student and teacher desks and tables and other furnishings, including but not limited to chairs, desks, bookshelves, file cabinets, computer tables, conference tables and chairs, cafeteria tables and chairs and food service equipment as requested by IDEA at no cost to IDEA in the first year of each new grade level so long as such furnishings and equipment are comparable to those provided other AISD students, staff and faculty. After the first year of each new grade level, IDEA will provide all furniture and equipment referenced herein, except for cafeteria tables and chairs and food service equipment. IDEA shall comply with applicable AISD policies and procedures regarding the safeguard and inventory of AISD’s fixed assets. 10. Computer Hardware; Network. IDEA shall provide any computer hardware in order to satisfy IDEA’s operating needs and reporting requirements for the School. AISD shall be responsible for the internet and network infrastructure necessary to provide internet services to the School Sites. C. PROGRAM SERVICES

IDEA agrees to:

l. Provide educational services to Eligible Students enrolled in IDEA for the school years set forth in this Agreement at the School Sites. IDEA may conduct school-related activities at additional sites not on AISD property at its sole discretion;

2. Accept any payments under this Agreement as full payment and seek no additional

funding for tuition from any student’s family or AISD; provided IDEA may assess fees for purposes other than tuition, including but not limited to field trips, student enrichment activities, student uniforms, Parent Association dues and activity fees;

3. Accept any Eligible Student if space is available in the appropriate grade if the IDEA

School is an appropriate educational setting as determined by AISD after consultation with IDEA;

4. Administer required state tests on-site, attend required training related to state test

requirements, and utilize IDEA staff who shall meet all legal mandates; 5. Maintain standards as required by the State Board of Education rules and Texas

Education Agency (TEA) regulations for charter schools and continue to meet the standards set below:

(a) Full-time instructional staff will be certified or on permit for certification, and

enrichment or ancillary teachers will be certified or practitioners (i.e. resident artists, etc.);

(b) Enrollment and attendance shall be accounted for on the daily Classroom

Attendance Record (CAR) and in a manner similar to that employed at AISD schools;

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(c) Curriculum shall incorporate the TEKS or successor standards mandated by

the Texas Education Agency; (d) Students shall be evaluated based on national and state grade-level standards.

Report cards will be issued in accordance with IDEA practices, and in a manner as determined by IDEA;

(e) All grade reporting will be documented and available for review by AISD

personnel and the Texas Education Agency; (f) IDEA shall complete all appropriate forms and paperwork in the event that

any IDEA teacher or staff suspects that a particular student in the program may have a disability that may qualify him/her for special education services, Section 504/Dyslexia, or may qualify for bilingual (English Language Learners) accommodations and or services. Any such student may be referred for assessment and services through normal AISD procedures at a cost to be borne by IDEA. IDEA shall seek to effectively meet the instructional needs of enrolled bilingual (English Language Learners) and special education students using immersion and/or inclusion techniques or other methods allowed under applicable law and subject to Admissions, Review, and Dismissal (ARD) Committee Review and approval, rules and regulations, with techniques and methods selected and employed by IDEA, at a cost to be borne by IDEA. AISD and IDEA shall work collaboratively in developing and implementing a plan for compliance with the requirements of the Families and Advocates Partnership for Education program and the Individuals with Disabilities Education Act, including the development and implementation of plans and procedures relating to admission, review, and dismissal committees and related due process matters; and,

(g) Grades and other informational data on student assessment, promotion and

retention, including but not limited to copies of report cards and original teacher grade books, shall be collected and made available to AISD in accordance with written procedures as promulgated by the Texas Education Agency and as modified by any waivers available to, and employed at the sole discretion of, IDEA.

6. Prepare and maintain records relating to the students and the program in accordance

with AISD record requirements and PEIMS requirements to include demographic data, test scores, discipline records, attendance, staffing levels, and other appropriate information. IDEA shall employ an on-site PEIMS coordinator to input and manage the PEIMS records, data and reporting requirements. To the extent necessary, the PEIMS coordinator shall receive training from AISD in order to input and manage any TEA and AISD record requirements;

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7. Operate the school in accordance with all requirements and guidelines that are necessary to ensure that AISD remains entitled to receive maximum funding from the State of Texas for participating in this Agreement;

8. Operate the school in compliance with all applicable federal and state laws and Texas

Education Agency rules and regulations, provided that IDEA may utilize any waivers available to IDEA and the school under applicable laws or regulations;

9. Provide students with state-adopted textbooks, and/or instructional materials of an

electronic nature, which are provided by the State of Texas, as ordered through and provided by the AISD Textbook Department and the district office at no additional cost to IDEA, provided that IDEA may also utilize textbooks and curricula of its own choosing;

10. Undertake student disciplinary actions in accordance with applicable law, and in

accordance with a student code of conduct as agreed upon by the parties to this Agreement. No student shall be returned to another school in the District as a disciplinary action. IDEA shall inform AISD and seek the approval of the AISD Superintendent or designee should there be a determination of involuntarily removal of a student from the IDEA School. Upon approval, it shall then be the sole responsibility of AISD to determine at AISD’s discretion the appropriate action or placement for the student(s) so withdrawn from the IDEA School, including any determination that the student is subject to expulsion, suspension or placement or further disciplinary action under Chapter 37 of the Texas Education Code. Any student mandatorily removed will be returned to the IDEA school at the end of the student’s time at the DAEP;

11. Obtain and provide to AISD all information required for all eligible students to qualify

and participate in the free and reduced breakfast and lunch programs; 12. Represent IDEA as an AISD In-District charter school in all communications, both

oral and written; 13. Assume responsibility for the supervision and discipline of IDEA students while they

are attending school or any school-related function or activity sponsored or endorsed by IDEA;

14. Respond appropriately to all emergencies as they pertain to the students enrolled in the

IDEA School in accordance with IDEA policies; 15. Implement and follow health and safety procedures and requirements set forth under

Chapter 38 of the Texas Education Code to ensure the health and safety of IDEA students and employees;

16. Provide various enrichment opportunities for IDEA students, including academic and

special interest clubs, sports and UIL events, at the sole discretion of IDEA;

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17. Buy back services, if available, and if requested by IDEA, from AISD at AISD’s

actual cost for access to student support services, including but not limited to, student assessment materials, school nursing, counseling, diagnostic, special education and related services, 504/dyslexia services, and health benefits services;

18. Allow AISD teachers and/or staff to participate in IDEA professional development

activities and trainings, and allow IDEA teachers and/or staff to participate in AISD professional development activities; and attempt to accommodate classroom visitations and observations as requested;

19. Guarantee an interview with the IDEA Human Assets Team to all AISD employees,

both professional and classified at Allan Elementary School, Eastside Memorial High School, or other AISD facility affected by this Agreement who wish to become employees of IDEA;

20. Meet regularly with other Eastside Memorial Vertical Team elementary staff to assist

and support alignment with grades 6-12 programming; 21. Provide names and all pertinent information for AISD to perform criminal history

background checks on all IDEA employees, all applicants who are offered a position, and all volunteers in accordance with applicable law and administrative procedure, or otherwise provide evidence that such checks have been performed;

22. Remove all persons providing services to or otherwise having any contact with

students under this Agreement that do not meet the standards under AISD Board Policies on criminal history background checks. Furthermore, agree not to employ any former AISD employee who was terminated, non-renewed, resigned in lieu of termination, or resigned while under an investigation for employee wrongdoing;

23. Implement and comply with AISD’s Office of Public Relations and Multicultural

Outreach protocols; 24. Identify an administrator with the authority to make decisions on behalf of IDEA and

who will represent IDEA, including but not limited to all required administrative meetings and trainings. In the event that such administrator is not available, an IDEA designee may represent IDEA when necessary and appropriate;

25. Collaborate with the AISD Office of Innovation and Development in grant writing,

funding requests and Foundation engagements associated with AISD/IDEA project business;

26. Target students for recruitment who are dropouts or are at risk of dropping out of

school, or who attend secondary, out-of-district charter schools;

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27. Seek start-up grants including, but not limited to, all those offered by the Texas Education Agency;

28. Explore opportunities for growth as an AISD in-district charter based on evidence of

community interest and demand, and AISD need; 29. Maintain alcohol, tobacco, and drug prohibitions according to Texas Education Code

Chapters 38.006, .007, .008; 30. Become a partnering entity with AISD to help AISD ensure successful implementation

of the research-based tenets outlined in the Eastside Memorial High School Reconstitution Plan; and

31. Encourage the IDEA Parent Organization to become an active participant in the Austin

Council of PTA’s. AISD agrees to:

1. Provide school choice information (including, but not limited to, materials

highlighting IDEA’s educational services and clearly explaining students’ opportunity to access those services) to eligible AISD students and their parents;

2. Allow IDEA to apply for any grant funding for which it is eligible, and to provide in a

timely manner any and all information needed to apply for such grants; 3. Prepare and maintain AISD/IDEA School records, for state and federal reporting

purposes, with appropriate support from IDEA as referenced in Section I.C.5.g above, to include· demographic data, test scores, discipline records, attendance, lesson planning, grade reporting and recording, and either appropriate or required information, provided that AISD shall be ultimately responsible for compliance with state and federal data reporting requirements;

4. Allow IDEA teachers and/or staff to participate in AISD professional development

activities and trainings, and allow AISD teachers and/or staff to participate in IDEA professional development activities; and attempt to accommodate classroom visitations and observations as requested;

5. Provide services to IDEA, when requested and if available, at AISD’s actual cost for

access to student support services including, but not limited to, student assessment materials, school nursing, counseling, diagnostic, special education and related services, 504/dyslexia services, and health benefits services;

6. Monitor the performance and services provided by IDEA in accordance with

performance criterion that evidences outperformance of similar demographic groups in the following categories:

a) For high school campuses, the four-year graduation rate;

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b) For high school campuses, the dropout rate; c) For high school campuses, the percentage of students successfully completing

enrolled core courses; d) For high school campuses, the percentage of students passing the state end-of-

course exams; e) The average daily attendance (i.e., elementary, middle, or high school

schools); f) For elementary and middle schools, the percentage of students passing the

appropriate state assessments; and g) The campus must meet or exceed the state minimum academically acceptable

accountability level. 7. Monitor the preparation and maintenance of AISD/IDEA records requirements

including demographic data, test scores, discipline records, attendance, grade reporting, etc. and timely report the data to the Texas Education Agency;

8. Permit IDEA, when appropriate and within state and local laws, rules, regulations, and

procedures, to participate in the District’s bid and procurement process for building and property-related supplies and upkeep and other goods and services, if at no additional cost to AISD;

9. Provide food services and food services personnel to the School to the same extent as

provided to other AISD schools including record-keeping services. The cost of these services shall be set off and adjusted in accordance with Section VI hereafter;

10. Provide free and reduced-price breakfast, lunch, and snack programs and any other

available federally funded services for which students qualify at a level comparable to those services provided to other AISD students at the same grade level;

11. Provide and service bus routes for the transportation of all Eligible Students. Such

routes shall be operated to serve IDEA schedules, including a longer school day, a longer school year and Saturday school as set forth in Exhibit B. All transportation services shall be provided at a level comparable to that provided to other AISD students at the same grade level, and the cost of these services shall be set off and adjusted in accordance with Section VI hereafter;

12. Explore opportunities for IDEA growth as an AISD in-district charter based on

evidence of community interest, demand, and District need; and 13. Become a partnering entity with IDEA to help the District ensure successful

implementation of the research-based tenets outlined in the Eastside Memorial High School Reconstitution Plan.

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SECTION II PERFORMANCE STANDARDS: FEDERAL STANDARDS

Public Law 111-117 of the Consolidated Appropriations Act of 2010 requires assurances that State law, regulations and other policies require that authorized public chartering agencies use increase in student academic achievement for all groups of students described in Section 1111(b)(2)(C)(v) of the Elementary and Secondary Education Act as the most important factor when determining to renew or revoke a school’s charter. AISD will review student academic achievement of students enrolled in the IDEA and IDEA understands and agrees that continuation of this Agreement includes consideration of and is contingent upon adequate yearly progress as defined by applicable federal law which includes separate measurable annual objectives for continuous and substantial improvement for each of the following:

• The achievement of all elementary and secondary school students enrolled in the IDEA;

• The achievement of economically disadvantaged students, students from major racial and ethnic groups, students with disabilities, and students with limited English proficiency enrolled in the IDEA.

Disaggregation of data shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information as defined by TEA or the results would reveal personally identifiable information about an individual student.

STATE STANDARDS

IDEA understands and agrees that continuation of this Agreement includes consideration of and is contingent upon the satisfactory student performance under Subchapter B, Chapter 39 of the Texas Education Code, and in compliance with other applicable accountability provisions under Chapter 39 of the Texas Education Code. If IDEA receives an accountability rating of academically unacceptable by the State of Texas even for one (1) year, AISD may terminate the agreement in accordance with Section V.A.2 of this agreement.

In the event this Agreement is renewed prior to the consideration of student performance from the previous school year and student performance does not meet the required standards, AISD may, at its sole option, immediately terminate this Agreement and any renewal of this Agreement without an opportunity to cure upon providing written notice to IDEA stating the effective date of such termination.

SECTION III

A. GOVERNANCE Subject to the terms of this Agreement, the operation, oversight and decision-making shall be conducted solely by the IDEA Board of Directors. Other than as provided in this Agreement, IDEA shall not be subject to any AISD policy or procedure. IDEA representatives/directors shall

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meet with AISD representatives / members of the Board of Trustees on a quarterly basis to report on the progress of the School and to address any matters of concern. B. FINANCIAL AND AUDIT REQUIREMENTS IDEA agrees to comply with all rules, regulations, ordinances, statutes, and other laws, whether local, state or federal, including, but not limited to, all audit and other requirements of the Single Audit Act of 1984. In the event an audit occurs and any expenditures relating to this Agreement are determined to be disallowed, IDEA agrees to reimburse AISD immediately for the full amount of such disallowed expenditures.

IDEA shall provide all services and perform all functions in accordance with the U.S. Office of Management and Budget (OMB) Circular Nos. A-133, A-110, and any other applicable OMB circulars, and in accordance with AISD’s Procedures which AISD shall provide to IDEA, regarding regulatory and financial matters so that the grant can be carried out in accordance with the requisite federal and state requirements.

In compliance with Public Law 111-117 of the Consolidated Appropriations Act of 2010 and Section 12.059(7) of the Texas Education Code, IDEA will, at its own expense, have its fiscal accounts audited annually by a certified or public accountant holding a permit from the Texas State Board of Public Accountancy. The audit must be completed by November 15th of each year and said audit report shall be submitted to the Chief Financial Officer of AISD. The first audit will be due on November 15, 2013 for the fiscal accounts for the year ending June 30, 2013.

IDEA shall submit to AISD within thirty (30) days after the execution of this Agreement a completed AISD designed budget template that accounts for the projected expenditures of monies allocated by AISD to IDEA.

IDEA will maintain and retain throughout the term of this Agreement, and for a period of at least two (2) years or longer where required by law after termination of such Agreement financial information which indicates utilization of funds received from AISD. In the event of a state or federal audit of AISD regarding expenditures of state funds, IDEA shall make available for inspection such financial information as required by the Texas Education Agency or other auditing agencies.

IDEA agrees to submit an annual report of each year of implementation, starting with the end of the first year of implementation. The annual report must contain basic demographic data, attendance rates, enrollment data, and achievement data on all participating students. These data must be sufficient to allow judgment of the program effectiveness in achieving its stated objectives.

A final summative project report shall be submitted by IDEA to AISD at the completion of the contract term. This report will include, but will not be limited to project background information, a description of the project implementation, and accomplishments and conclusions.

AISD reserves the right to conduct its own evaluation of this project at any time to verify effectiveness.

AISD reserves the right to conduct an investigation of IDEA when irregularities, indiscretions,

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and/or wrongdoings are reported or suspected concerning the implementation of this program including, but not limited to, practices and policies relating to student enrollment, student accounting, student discipline, instructional accountability, program expenditures, record keeping, delivery of instruction, and compliance with applicable requirements of federal, state, and local laws, regulations, and policies governing non-discrimination.

IDEA and AISD intend to utilize the results of the evaluations and written reports as part of the criteria for continuation or termination of future participation in this project. Except as required by the Texas Public Information Act, Chapter 552, Texas Government Code, no reports or evaluations created pursuant to this Agreement may be released to third parties without prior written consent of AISD which consent shall not be unreasonably withheld.

SECTION IV

TERM OF AGREEMENT The term of this Agreement shall be from July 15, 2012 through June 30, 2019 provided that this Agreement may be terminated prior to the expiration of the term by either party as provided in the Termination section of this Agreement.

SECTION V A. TERMINATION This Agreement may be terminated upon the occurrence of any of the following (each an “Event of Termination”): 1. By mutual written agreement of the parties, which agreement shall state the effective

termination date and any other terms and conditions of said termination. 2. By either party hereto, with or without cause at the end of any school year, with notice of

termination provided to the other Party no later than December 31st of the school year immediately preceding the one the subject of termination.

3. The failure of either party (the “defaulting party’’) to comply with applicable law if such

failure has a material adverse effect on the ability of the defaulting party to discharge and perform its obligations under this Agreement, if such failure is not remedied within sixty (60) days after the other party gives notice to the defaulting party, specifying in reasonable detail the basis of such default notice.

4. By action of AISD revoking the campus charter, in accordance with Section 12.063, Texas

Education Code. 5. The failure of AISD to pay any of its monetary obligations under this Agreement to IDEA,

if such failure continues for fifteen (15) days after IDEA gives notice to AISD that such amount was not paid when due.

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6. The failure of AISD to perform its utilities, maintenance and repair obligations under this

Agreement if such failure is not remedied with sixty (60) days after IDEA gives notice to AISD; provided, however, in the event that the health or safety of IDEA students, faculty or staff is at issue, such sixty (60) day notice period shall not apply. IDEA may remedy any outstanding maintenance and repair obligation of AISD on its own and shall be entitled to reimbursement from AISD for reasonable costs incurred.

7. The failure of IDEA to satisfy program services and performance standards obligations

specified in Sections I.C. and II of this Agreement, or the receipt by IDEA of a rating of academically unacceptable for any one of the School Sites in any year of this Agreement, if (i) such failure is not remedied with thirty (30) days after AISD gives notice to IDEA, or (ii) in the case of any such default, which cannot with due diligence and good faith be cured within thirty (30) days. IDEA fails to commence to cure such default within thirty (30) days after notice from AISD of such default or fails to prosecute diligently the cure of such default to completion within such additional period as may be reasonably required to cure such default with diligence and in good faith; it being intended that, in connection with any such default which is not susceptible of being cured with due diligence and in good faith within thirty (30) days, the time within which IDEA is required to cure such default may be extended at the sole discretion of AISD for such additional period as may be necessary for the curing thereof with due diligence and in good faith; provided further, however, that if such default is not cured within ninety (90) days after notice from AISD of such default (notwithstanding IDEA’s diligent prosecution of curative efforts), then such failure shall constitute an Event of Termination which may be exercised by AISD under this Agreement.

8. At the end of any academic year, beginning with the 2013-14 academic year, AISD may

terminate this Agreement if, for one or more consecutive years preceding, students at IDEA School fail to perform on a level equal to or better than “Similar Students” at the same grade level configuration on the applicable TEA Accountability System measures listed in the “Performance Standards” section of this Agreement. “Similar Students” shall mean students across the district in the following accountability subgroups: All, African American, White, Hispanic, Economically Disadvantaged, Limited English Proficiency, Special Education, or other as may be established by TEA in the future at a campus with similar demographics and grade level as students enrolled in the IDEA School. Any subgroup that would not be considered by the State in determining school performance ratings shall not be used to terminate this contract.

9. The failure of a party to perform each and every other non-monetary obligation, covenant

and agreement of such party under this Agreement if: (i) such failure is not remedied within sixty (60) days after a party gives notice to the defaulting party of such failure; or (ii) in the case of any such default which cannot with due diligence and good faith be cured within sixty (60) days, such defaulting party fails to commence to cure such default within sixty (60) days after notice from the other party of such default or fails to prosecute diligently the cure of such default to completion within such additional period as may be reasonably required to cure such default with diligence and in good faith; it being intended

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that, in connection with any such default which is not susceptible of being cured with due diligence and in good faith within sixty (60) days, the time within which the such defaulting party is required to cure such default shall be extended for such additional period as may be necessary for the curing thereof with due diligence and in good faith; provided further, however, that if such default is not cured within ninety (90) days after notice from such other party of such default (notwithstanding such defaulting party’s diligent prosecution of curative efforts), then such failure shall constitute an Event of Termination which may be exercised by the non- defaulting party under this Agreement.

10. The (i) filing by any party of a voluntary petition in bankruptcy; or (ii) adjudication of

such party as bankrupt; or (iii) the filing of any petition or other pleading in any action seeking reorganization, rearrangement, adjustment, or composition of, or in respect of such party under the United States Bankruptcy Code or any other similar state or federal law dealing with creditors’ rights generally, unless within sixty (60) days after such filing such proceeding is stayed or discharged; or (iv) appointment of a receiver, trustee or other similar official of such party or its property.

B. FORCE MAJEURE No Party shall be liable for any failure to perform its obligations under this Agreement where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, or terrorist activities, and no other party will have a right to terminate this Agreement under this Section IV in such circumstances. If AISD or IDEA assert force majeure as an excuse, the party making such assertion shall have the burden of proving that reasonable steps were taken, under the circumstances, to minimize delay or damages caused by foreseeable events, that all non-excused obligations were substantially fulfilled, and that the other party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated and undertaken.

SECTION VI A. COMPENSATION

1. Compensation to IDEA for eligible students is based on average-daily-attendance (ADA) allocation received by AISD for students enrolled in the School and actual student attendance.

2. For the 2012-13 school year, (“Initial Year”), IDEA shall be paid by AISD according

to the base student allotment designed by the State for AISD of $5,001.00 per student ADA plus weights for compensatory education, special education, bilingual (English Language Learners), gifted and talented and career and technology. This allotment will be further discounted for the provision of other goods and services such as, but not limited to, transportation routes beyond standard services, utilities, maintenance, security or other like mutually agreed upon "buy-back" goods or services.

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3. In subsequent years following the Initial Year of this agreement, IDEA shall be paid by AISD for state adjustments to formula funding and/or increases approved by the AISD Board of Trustees commensurate with such adjustments as they apply to AISD funding.

4. The allotment shall be paid in monthly installments on the 15th day of each month

during the term, commencing on September 15, 2012. Payments shall be issued on an average monthly basis, based initially on a projected first-year enrollment of 600 students at an estimated 97.3% attendance rate, an estimated 50% LEP students, and an estimated 80% economically disadvantaged, over 11 equal periods, provided that the 11th payment may be withheld by AISD to allow for any required adjustments for the reasons stated below. The estimated weights will be adjusted to actual weights for purposes of determining the compensation hereunder and the amount of the 11th month payment. The 11th payment shall not be withheld for more than 30 days, and if AISD is unable to determine the actual weights within 30 days after the 11th payment is initially due, it shall make such payment based on estimated weights as described above; any adjustment determined thereafter shall be paid to IDEA upon such determination if warranted, or shall be withheld in 10 equal amounts from the next 10 payments due to IDEA if the final determination indicates an overpayment based on actual weights.

5. In the event that the 15th shall fall on a Saturday or Sunday, payment shall be made on

the following Monday. In the event that the 15th shall fall on a holiday, payment shall be made on the preceding day or preceding Friday as applicable.

6. Payment shall be issued contingent on current ADA and FTE records in balance ten

(10) days after receipt of the monthly invoice for the periods covered in this Agreement, and submitted to AISD.

7. In no case shall AISD be obligated to pay any amount for students not included in the

District’s eligible ADA count to the Texas Education Agency. 8. By January 30 of any calendar year, IDEA shall submit its projected enrollment for the

upcoming school year to AISD, which shall use that projected enrollment to calculate the monthly payments for the next school year. For the second year of IDEA School’s operation, attendance rates and percentages of LEP and economically disadvantaged students shall be calculated based on actual figures from the first year of operation. For the third year and succeeding years, attendance rates and percentages of LEP and economically disadvantaged students shall be calculated based on an average of the prior two years.

9. Payment shall not become due and payable unless IDEA has submitted all necessary

data and documentation as may be reasonably required by AISD at least ten (10) days prior to the relevant payment date.

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10. In the event of termination prior to the full term of this Agreement, IDEA agrees to refund to AISD within ninety (90) days of the date of termination all advanced but unearned funds.

B. FUNDING FROM STATE Notwithstanding any terms herein to the contrary, AISD’s obligation to compensate IDEA is expressly subject to the receipt, adjustment, or modification of funds by AISD from the State of Texas specifically allocated for those eligible students in attendance at IDEA. In the event that such funding is not received or reduced, AISD shall not be obligated to IDEA in any amount, and IDEA may terminate this Agreement, and any prior payments made by AISD, subject to adjustment as set out in Section VI.A, shall be retained by IDEA in consideration of and as payment for educational services provided to the date of such termination. This section shall not be construed to relieve AISD of any responsibility or obligation to IDEA if AISD fails to receive funding as a result of a failure by AISD or its agents or contractors to fulfill requirements necessary for securing funding from the State of Texas. C. FEDERAL AND STATE GRANTS In addition to the funding described above, IDEA may also be eligible for Federal entitlement grants, such as Title I, as approved by the Federal granting agencies and the State. Such funding must be spent as approved and designated by Federal and State agencies. IDEA admits knowledge of and agrees that AISD's obligation hereunder for payment of Federal and/or State grants is limited to and expressly subject to receipt of any funds from the Texas Education Agency. In the event AISD is ever required to refund any funds received from TEA specifically designated for any Federal or State grant program, then it is understood and agreed that IDEA shall be liable for and shall refund such amounts received.

SECTION VII

RELATIONSHIP OF THE PARTIES It is understood and agreed that IDEA is an independent contractor and that neither it nor any employees or agents contracted by IDEA shall be deemed for any purposes to be employees (paid or volunteer) or agents of AISD. This Agreement does not create a joint venture or business partnership under Texas law. IDEA will hire (at its sole discretion) all teachers, and employ administrators and staff as it deems reasonably necessary to operate the school under this Agreement, subject to conducting appropriate criminal and background checks as required by applicable law. IDEA assumes full responsibility for the actions of such personnel and volunteers while performing any services incident to the Agreement, and shall remain solely responsible for their supervision, daily direction and control, payment of salary (including withholding of income taxes and Social Security), workers’ compensation, benefits and like requirements and obligations.

SECTION VIII

NON-COMPETE

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At anytime during the term of this agreement, IDEA shall not engage, directly or indirectly, in any practices, projects, or other activities including but not limited to the operation of any schools under its State Charter or other charter, which have the effect of competing against AISD in the provision of educational services within the jurisdiction of the District.

SECTION IX STUDENT RECORDS

l. IDEA understands that AISD must have access to student, administrative and educational records in order to effectively participate in this Agreement. IDEA agrees to provide AISD employees access to all student, administrative and educational records in order to monitor and evaluate the school and its program. AISD may request those financial records necessary to verify that state funds are being used in accordance with the charter proposal and this Agreement. IDEA agrees to allow AISD employees and officials access to all facilities, including classrooms, during regular operation hours in order to facilitate such monitoring activities, provided such AISD representatives do not unreasonably hinder or interfere with IDEA’s provision of educational services or other operations.

2. To the extent that IDEA or AISD will come into possession of student records and information, and to the extent that IDEA or AISD will be involved in the survey, analysis, or evaluation of students incidental to this Agreement, both parties agree to comply with all requirements of the Family Educational Rights and Privacy Act and the Texas Public Information Act. In the event that AISD is required to furnish information or records of IDEA pursuant to the Texas Public Information Act, IDEA shall furnish such information and records to AISD, and AISD shall have the right to release such information and records. Either IDEA or AISD may object to disclosure of information and records in accordance with the Family Educational Rights and Privacy Act or the Texas Public Information Act.

SECTION X A. INSURANCE 1. IDEA shall purchase and maintain in force a general liability insurance policy as will protect IDEA and AISD from all claims which arise out of or result from IDEA operations under this Agreement. Such insurance shall provide limits of liability of not less than $1,000,000.00 and shall name AISD as an additional insured and shall be written by a reputable company in good standing and licensed to do business in Texas at the time the policy is issued. IDEA shall have its insurance carrier(s) furnish to AISD insurance certificates in a form satisfactory to AISD specifying the types and amounts of coverage in effect, the expiration dates of each policy, and a statement that no insurance will be cancelled or materially changed while this Agreement is in effect without thirty (30) calendar days prior written notice to AISD. In addition, IDEA shall purchase and maintain the following coverages: Worker’s compensation $500,000

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Employer’s liability $1,000,000 per occurrence Business automobile liability $1,000,000 per occurrence for bodily injury and property damage Excess liability $1,000,000 per occurrence OR Umbrella liability $1,000,000 per occurrence 2. Property Insurance Policy Required: Causes of loss – special form 100 percent of replacement cost of (a) all

Improvements constructed by IDEA and (b) All of IDEA’s furniture, fixtures, equipment, and other business personal property located at the School.

3. IDEA shall comply with the following additional insurance requirements: (1) additional insured endorsements must not exclude coverage for the sole or contributory ordinary negligence of AISD; (2) property insurance policies must contain waivers of subrogation of claims against AISD; and (3) certificates of insurance and copies of any additional insured and waiver of subrogation endorsements must be delivered by IDEA to AISD before beginning operation of the School and thereafter at least thirty (30) days before the expiration of the policies.

4. AISD shall maintain insurance coverage, as reasonably necessary, to adequately insure against any damages to the School Sites due to fire or other casualty, including flooding (to the extent available on commercially reasonable terms), wind, hail and other such hazards. Such policy shall include an appropriate waiver of subrogation. B. WAIVER AND INDEMNIFICATION

l. IDEA shall not be liable for, and AISD hereby waives to the extent permitted by applicable law, all claims against IDEA for loss or damage to the School Site, AISD’s property and claims for property damage, not resulting from any intentional or negligent act or omission by IDEA, by any person claiming by, through or under AISD. To the extent permitted by applicable law, AISD hereby agrees to indemnify, defend and hold IDEA, its directors, officers, employees, agents, representatives and invitees harmless against and from liabilities, obligations, damages, penalties, costs, including, without limitation, reasonable attorney’s fees which may be imposed on IDEA arising out of, or in connection with, any property damage to the School Site and resulting from any intentional or negligent act or· omission of AISD, including claims of property damage by other occupants of the Site, except for the contents of the Site for which IDEA shall be responsible. 2. AISD shall not be liable for, and IDEA hereby waives, all claims against AISD, for loss or damage to the School Site, IDEA’s property and claims for property damage, not resulting from any intentional or negligent act or omission by AISD, by any person claiming by, through or under

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IDEA. To the extent permitted by applicable law, IDEA hereby agrees to indemnify, defend and hold AISD, its board of trustees, officers, employees, agents, representatives and invitees harmless against and from liabilities, obligations, damages, penalties, costs, including, without limitation, reasonable attorney’s fees which may be imposed on AISD arising out of, or in connection with, any property damage to the Site and resulting from any intentional or· negligent act or omission of IDEA, including claims of property damage by other occupants of the Site, except for the contents of the Site for which AISD shall be responsible.

SECTION XI NO WAIVER OF IMMUNITY Neither IDEA nor AISD waives or relinquishes any immunity or defense on behalf of itself, its trustees, directors, officers, employees, or agents as a result of the execution of this Agreement and performance of the functions and obligations described herein.

SECTION XII AUTHORIZATION OF AGREEMENT Each party represents and warrants to the other that the execution of this Agreement has been duly authorized, and that this Agreement constitutes a valid and enforceable obligation of such party according to its terms.

SECTION XIII NO WAIVER No waiver of a breach of any provision of this Agreement shall be construed to be a waiver of any breach of any other provision. No delay in acting with regard to any breach of any provision shall be construed to be a waiver of such breach.

SECTION XIV

RIGHT IN PROPERTY All title to IDEA furnished supplies, equipment, and records shall remain the sole property of IDEA. All title to AISD furnished supplies, equipment, materials and/or textbooks shall remain the sole property of AISD. IDEA shall be accountable for any lost textbooks, equipment, or other materials which are not returned to AISD in accordance with AISD procedures and IDEA shall reimburse AISD for the cost of any such lost textbooks equipment, and materials upon demand. IDEA shall not be responsible for reimbursing AISD for normal wear-and-tear to any textbooks, equipment, furniture or materials.

SECTION XV A. MISCELLANEOUS

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1. Any notice required by or permitted under this contract must be in writing. Any notice required by this contract will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified, mail, return receipt requested, and addressed to the intended recipient at the address shown in this contract. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. To: IDEA IDEA Public Schools Tom Torkelson, Founder and CEO

505 Angelita Drive, Ste. 9 Weslaco, Texas 78596

To: AISD

Austin Independent School District

Attn: Dr. Meria Joel Carstarphen, Superintendent 1111 West 6th Street, Suite A250 Austin, Texas 78703 and

Austin Independent School District Attn: General Counsel 1111 West 6th Street, Suite A240

Austin, Texas 78703 Any party may designate a different address by giving the other party ten (10) days prior written notice in the manner provided above.

2. No assignment of this Agreement or of any duty or obligation or performance or payment hereunder, shall be made by either party, in whole or in part, without the prior written consent of the other party, such consent not to be unreasonably withheld.

3. The headings of sections contained in this Agreement are for convenience only, and they shall not, expressly or by implication, limit, define, extend, or construe the terms or provisions of the sections of this Agreement.

4. This Agreement is made in Texas and shall be construed, interpreted, and governed by the laws of such state. The parties irrevocably consent to the sole and exclusive jurisdiction and venue of the courts of Austin, Travis County Texas for any action under this Agreement.

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5. Nothing in this Agreement shall be deemed or construed to create any third party beneficiaries or otherwise give any third party any claim or right of action against any party.

6. If any provision of this Agreement shall be determined to be invalid or unenforceable, the remaining provisions of this Agreement shall not be affected thereby, and every provision of this Agreement shall remain in full force and effect and enforceable to the fullest extent permitted by law.

7. The covenants contained in or liabilities accrued under this Agreement which, by their terms, require their performance after the expiration or termination of this Agreement shall be enforceable notwithstanding the expiration or other termination of this Agreement.

8. Neither party’s waiver of the other’s breach of any term, covenant or condition contained in this Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition in this Agreement.

9. The rights and remedies provided in this Agreement are cumulative and not exclusive and are in addition to any other rights and remedies the parties may have at law or otherwise.

10. The parties agree to perform (or procure the performance of) all further acts and things, and execute and deliver (or procure the execution and delivery of) such further documents, as may be required by law or as the other party may reasonably require to implement and/or give effect to this Agreement and the transactions contemplated by it.

11. IDEA certifies, to the best of its knowledge and belief, that it is not presently

debarred, suspended for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency.

12. IDEA agrees to comply with all applicable requirements of all federal laws,

executive orders, regulations, applicable guidelines, and policies governing this program, particularly relating to nondiscrimination. These include but are not limited to: (i) Title VI of the Civil Rights Act of 1964, as amended; (ii) Title IX of the Education Amendments of 1972, as amended; (iii) Section 504 of the Rehabilitation Act of 1973, as amended; (iv)the Age Discrimination Act of 1975, as amended; and (v) the Americans with Disabilities Act, as amended. IDEA shall not release any educational records (or personally identifiable information contained therein) of student except in compliance with the requirements of the Family Educational Rights and Privacy Act, (FERPA) 20 U.S.C. 1232.g.

13. During the course of pursuing contracts and the course of contract performance,

IDEA will maintain business ethics standards aimed at avoiding real or apparent impropriety or conflicts of interest. No substantial gifts, entertainment, payments, loans or other considerations beyond that which would be collectively categorized as incidental shall be made to any employees or officials of AISD, its authorized agents and representatives, or to family members of any of them. At any time IDEA believes there may have been a violation of this obligation, IDEA shall notify AISD of the possible violation. AISD is entitled to request a representation letter from

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IDEA, its subcontractors or vendors at any time to disclose all things of value passing from IDEA, its subcontractors, or vendors to AISD’s personnel, or its authorized agents and representatives.

14. IDEA must adhere to the following applicable Texas laws as they pertain to their

individual type of ownership. Corporations (domestic or foreign*) shall be properly registered with the Texas Secretary of State and the Comptroller of Public Accounts as required by Title 34, Part 1, Chapter 3, Subchapter V, Rule 3.546 of the Texas Administrative Code. A current “Certificate of Good Standing” from the Texas Comptroller of Public Accounts shall be made available upon request stating that the corporation charter is current and all Texas Franchise Reports and Taxes are paid. Partnerships and Joint Stock Companies, and Limited Liability Partnerships (domestic or foreign*) shall be properly registered with the Texas Secretary of State in accordance with TITLE 105—PARTNERSHIPS AND JOINT STOCK COMPANIES, CHAPTER ONE—PARTNERSHIPS, LIMITED PARTNERSHIPS, TEXAS REVISED LIMITED PARTNERSHIP ACT, Article 6132a-1. “Texas Revised Limited Partnership Act.” All partners in a partnership must file a “Certificate of Limited Partnership” with the secretary of state, which shall be made available for inspection upon request. IDEA, whether Corporate, Partnership, or Sole Owner must be current on AISD Property Taxes, if any. If commercial personal property is located in the jurisdiction, current renditions of these properties must be filed with the Chief Appraiser, as required by Chapter 22, Section 22.01, of the Texas “PROPERTY TAX CODE”. *Note: Foreign means formed under laws of another state; domestic means formed under Texas laws. 15. This Agreement shall constitute the complete understanding of IDEA and AISD, and may not be modified in any manner without the express written consent of both parties. 16. This Agreement is executed in three (3) counterparts, each of which shall have the full force and effect of an original Agreement, and each of which shall constitute but one and the same instrument. IN WITNESS THEREOF, the parties have executed this Agreement to be effective on July 1, 2012. IDEA PUBLIC SCHOOLS AUSTIN INDEPENDENT SCHOOL DISTRICT Name Date Mark Williams, President Date Title Board of Trustees

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_____________________________________ Superintendent Date APPROVED AS TO LEGAL FORM ONLY: Melvin E. (Mel) Waxler Date General Counsel APPROVED AS TO FUNDING AND BUSINESS TERMS ONLY: _____________________________________ Nicole Conley-Abram Date Chief Financial Officer

and _____________________________________ Lawrence Fryer Date Chief Operations Officer

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EXHIBIT A

Curriculum and Instructional Program:

Primary Program—Better IDEA:

Core Curriculum: Direct Instruction powers IDEA’s new core curriculum. Direct Instruction emphasizes well-developed and carefully planned lessons designed around small learning increments. IDEA Public Schools has partnered with the National Institute for Direct Instruction (NIFDI) to faithfully implement the new core curriculum. Students are placed in flexible homogenous groups in reading, language, and math and their progress is analyzed on a weekly basis to ensure appropriate growth. Teachers and school leaders receive on-going support from NIFDI including an extensive initial staff development, ongoing school visits, and weekly data conference calls to discuss the progress of every student.

Direct Instruction Reading and Language: The language arts block consists of 180 minutes of daily instruction. Students receive roughly 120 minutes of reading instruction on a daily basis with those students reading below level receiving an additional 30 minutes daily. They also receive 50 minutes of language daily and 15 to 20 minutes of daily spelling instruction. Students move on when they master each standard, and if they show continued mastery of concepts, they can “fast cycle” through lessons.

Direct Instruction Math: Students receive 90 minutes of math instruction daily. Sixty of those minutes are from the Direct Instruction math curriculum, which includes fast facts memorization, math objectives, and problem solving. We use the remaining 30 minutes to accelerate instruction, push students to be successful on the state assessment, and expose students to more rigorous problems. The Program Team will develop the curriculum for these 30 minutes. Like reading and language, the math curriculum is focused on student mastery.

Humanities: In the primary grades, we focus primarily on reading and language instruction to ensure that students are at or above grade-level by the time they reach 6th grade, at which time all IDEA students engage in rigorous humanities instruction. Humanities are integrated into the reading and language instruction. Students will be reading a variety of fiction and non-fiction materials.

Science: Science is also integrated into the reading and language instruction, including focus on a range of non-fiction science topics through daily reading. Because science is such an investigative and hands-on subject, there is also some supplementation of the core curriculum. Science instruction will consist of 30 minutes daily at the lower grade levels and 30 minutes daily in the upper grade levels with an additional 90 minute block for lab and investigation activities every two weeks. During this supplemental time, students will develop a deeper understanding of science concepts and will conduct hands-on experiments and labs.

Hybrid/Individualized Learning: The second major component of Better IDEA is the hybrid-learning component. We use technology to differentiate and individualize each student’s instruction through the use of adaptive math software that automatically adjusts to the pace and the success of the student. They also read independently and test their comprehension through the Accelerated Reading program. Together the math and reading individualization will challenge students to take ownership of their own learning and will meet them at their level to ensure both

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individualization and acceleration. Multiple times each week, every student receives individual content and assessment, and the approach is immensely scalable. We are working closely with the Gates Foundation, the Michael and Susan Dell Foundation, and the Charter School Growth Fund to roll out this program district-wide in the current school year, the first district in the nation to do so.

iLearning Hot Spot: The iLearning Hot Spot will take place in computer labs with a 1:1 computer to student ratio. Students will work on adaptive math software in the labs. All students will rotate through the learning lab for 45 minutes three to four times per week.

Kindergarten through 3rd grade students will use Dream Box math software and 4th through 5th grade students will use Reasoning Mind. Both of these math software packages allow for a fully adaptive approach. The programs use algorithms to develop the learning path for each individual student. The learning lab manager will monitor the students and analyze data to determine students’ success and areas of need. This data will also help to drive the interventions in the math classroom.

Accelerated Reading Zone: Just as a musician hones her craft through hours of meticulous practice, students become better at extracting meaning from text as they increase the number of words and books they read. It is this process—gaining knowledge and improving the ability to learn by independently reading for meaning—that is at the heart of continuous, lifelong learning. Along the way, comprehension tests help student and teachers ensure that the books are sufficiently challenging and the comprehension at an appropriate level of mastery. The Accelerated Reading Zone will provide students with an extra 135 to 180 minutes of reading time weekly. The reading lab manager will lead students through goal-setting sessions around reading levels.

We expect that all students in IDEA Public School’s Elementary Campuses will leave fifth grade at least one year above grade level standards in reading and math. As a result, academy students will be on track to succeed in a rigorous college prep education at the secondary level and therefore be on track to be college ready when graduating from high school.

Secondary School:

Our secondary schools have results that far surpass schools serving similar populations. Since IDEA’s inception, 314 students have graduated from high school, with 100% of graduates matriculating to a four-year college or university. As IDEA grows, it is committed to developing students with the academic, social, and leadership characteristics required to apply, matriculate, and succeed in a four-year college or university.

Every College Prep campus implements a course schedule that ensures that all students are prepared to do college level course-work, and in fact, have the opportunity to do college-level coursework while still in high school. Additionally, several of IDEA’s secondary campuses are STEM designated and we will consider an innovative STEM program for the proposed district-initiated charter.

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In order to meet our ambitious goal of all students progressing to and through college, the IDEA secondary program includes eight key pillars. These are the tools, systems and processes that ensure that the course sequence described above is delivered in a high quality manner, and that relevant skills and experiences that cross the curriculum are woven throughout the experience of every IDEA student.

1. Core content curriculum guides for core content areas (Math, Science, English/Language Arts, Humanities, and Spanish): Core curriculum guides are aligned to Texas state standards as well as ACT standards, Advanced Placement standards, and English Language Proficiency Standards. Curriculum, instruction and assessment are tightly aligned. To support implementation, each curriculum guide provides a scope and sequence, unit plans, mastery quizzes, exit slips, question banks, and resources. The curriculum also includes pacing guides and formative and summative assessment.

2. Instructional leadership and quality teaching supported by the Program Team: The Program

Team develops the IDEA Secondary Curriculum and supports the effective implementation of the secondary program by providing instructional coaching to teacher leaders and high-need teachers.

3. Collaborative data analysis based on real-time, accessible data: IDEA’s comprehensive data

analysis system, Lightbulb, helps teachers and school leaders know exactly which objectives each student has learned. After each interim assessment cycle (every six weeks), principals

Other requirements for graduation: - Accepted into a four-year college/university. - Minimum 125 hours of community service hours - Minimum of 26 credits under Texas Recommended Plan

Total = 26 credits

6th 7th 8th 9th 10th 11th 12th

English Language Arts (4 credits)

ELA 6th ELA 7th ELA 8th English I (1) English II (1) AP English Lang. (1)

AP English Lit. (1)

English III (1) AP English Lang. (1)

Mathematics (4 credits) Math 6th Pre-

Algebra Algebra I (1)

Geometry (1) Algebra II (1) Pre-Calculus (1) AP Calculus (1) Or AP Statistics (1)

Algebra I (1) Geometry (1) Algebra II (1) Pre-Calculus (1)

Science (4 credits)

Earth Science

Life Science Physics Biology (1) Chemistry (1) Physics (1)

AP Science (1) Or Other Approved Science Course

Humanities (4 credits)

World Cultures

Texas History

US History

World Geography (1)

AP World History (1) Or World History (1)

AP U.S. History (1) Or U.S. History (1)

AP Gov’t (1/2) and

AP Macroeconomics (1/2) Or

Gov’t (1/2) and Economics (1/2)

Foreign Language* (3 credits) N/A N/A N/A Spanish I (1) Spanish II (1) AP Spanish Lang. (1)

Or Spanish III (1)

AP Spanish Lit. (1)

Or AP Spanish Lang. (1)

Fine Arts (1 credit) N/A N/A N/A Art, Dance, Music or Theatre (1)

Phys. Ed ** (1 credit) PE PE PE Physical Education (1) [2 seasons of a sport=1/2 credit; 3 seasons of a sport=1 credit]

Health (½ credit) N/A N/A N/A Health Education (1/2) Speech (½ credit) N/A N/A N/A Communication Applications (1/2) Electives (4 credits) N/A

N/A

N/A

AVID I (1) AVID II (1) AVID III (1) AVID IV (1)

Or Other IDEA approved electives

*Foreign language - Must be taken every year; will accept other foreign language credits. At a minimum 2 credits must be from the same language **Physical Education: Physical Education Equivalent courses are only to be used for athletics, drill team and cheerleading. The activity must include at least 100 minutes per five-day school week of moderate to vigorous physical activity. Students may only earn a maximum of one credit using equivalent courses.

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meet with teachers to identify the objectives that are not being met, and work together to refine the teaching approach before that objective is re-taught.

4. College-credit during HS: Rigorous college-level coursework prepares students for college-

level expectations and helps them to earn college credit in high school. We expect that students will complete AP coursework (e.g., AP English literature, AP Spanish language). Campuses also offer dual enrollment courses to expand students’ choices and provide further opportunity to gain college credit.

5. Writing and study skills across the content areas: To ensure that students have the writing,

critical thinking and study skills necessary to succeed in college, IDEA students complete the AVID curriculum beginning in 9th grade, which has a strong writing and study-skills component.

6. Daily Intervention Period: Every secondary campus has a 45-minute intervention period

during the school day to address individual student needs. Students are grouped homogenously during this time to ensure that they continue to grow and improve their skills in reading and math. Each campus has a designated interventionist who is responsible for selecting resources, analyzing student data, creating intervention groups and helping teachers plan interventions.

7. Strong connection to college experience: Three elements of our program are focused on

preparing our students to matriculate at college: • College counselor support: beginning in 6th grade, college counselors provide a

college preparation course sequence to students on the value of going to college, how they need to plan ahead to be accepted to college, identifying top choice colleges, applying to college, and paying for college. The AVID curriculum is implemented in high school. In addition to supporting strong writing and study skills, the AVID program has a four-year sequence of coursework that supports students through the college selection and application process.

• College experiences/field lessons: At the end of each school year, students in grades six through eleven visit colleges and universities across the United States. The purpose of the field lessons is to make the idea of college real for every student. Every student will visit at least 25 colleges prior to graduation. Students will be exposed to college life first-hand, helping them make the best decision on the specific school they would like to attend.

• Requirement for college acceptance before receiving diploma: all IDEA students must be accepted into a college prior to receiving their high school diploma. This milestone is celebrated at College Signing Day for all seniors. During this event, seniors announce the college they have selected.

8. Robust college matriculation and support: Each student is supported through the process of

applying to college and applying for financial aid. Parents are supported through the process as well, many of whom have not attended college themselves. College counselors on each campus engage in individual problem solving in partnership with our seniors to ensure that they are accepted into college, that they enroll and matriculate. Once in college, IDEA provides its former students with targeted support to ensure that they persist. Our new College Support team will engage in thoughtful design of this program over the next 18-24 months to ensure appropriate support.

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EXHIBIT B

SCHOOL CALENDAR AND SCHOOL DAYS