ENTERPRISE SCHOOL CONTRACT

____________________________________________________

BELLE ISLE ENTERPRISE

MIDDLE SCHOOL ____________________________________________________

OKLAHOMA CITY PUBLIC SCHOOLS

BELLE ISLE ENTERPRISE

MIDDLE SCHOOL, INC.

FISCAL YEAR ENDING JUNE 30, 2014

(i)

INDEX

1. Documents Incorporated by Reference ................................................................................. 1

1.1 Definitions............................................................................................................... 1

1.2 Application .............................................................................................................. 1

1.3 Recitals .................................................................................................................... 1

1.4 Exhibits ................................................................................................................... 2

2. Mission Statement ................................................................................................................. 2

3. Goals, Objectives and Student Performance Standards ........................................................ 2

3.1 Student Attendance ................................................................................................. 2

3.2 Student Conduct ...................................................................................................... 2

3.3 Student Discipline ................................................................................................... 2

4. Educational Program, Pupil Performance Standards and Curriculum .................................. 2

4.1 Curriculum .............................................................................................................. 2

4.2 Student Records ...................................................................................................... 2

4.3 Nonreligious, Nonsectarian and Nondiscriminatory ............................................... 3

4.4 Education of Students with Disabilities .................................................................. 3

4.5 Admission ............................................................................................................... 3

4.6 Tuition ..................................................................................................................... 4

5. Evaluation of Student Performance ....................................................................................... 4

5.1 Testing..................................................................................................................... 4

5.2 Accommodations .................................................................................................... 4

5.3 District Assistance .................................................................................................. 4

5.4 Student Portfolio ..................................................................................................... 4

5.5 Independent Evaluation of School .......................................................................... 5

6. Budget, Financial Reports and Annual Audit ....................................................................... 5

6.1 Initial Budget .......................................................................................................... 5

6.2 Revisions to Budget ................................................................................................ 5

6.3 Financial Reports .................................................................................................... 5

6.4 Audit ....................................................................................................................... 5

6.5 Financial Records.................................................................................................... 5

6.6 Quarterly Reconciliation of Funding ...................................................................... 5

7. Funding for School’s Operation ............................................................................................ 6

7.1 District’s Funds ....................................................................................................... 6

7.2 Private Contributions .............................................................................................. 7

7.3 Activity Funds ......................................................................................................... 7

7.4 Administrative Fee and Services ............................................................................ 7

7.5 Administrative Services on a Per Fee Basis ........................................................... 7

7.6 Food Service ........................................................................................................... 8

(ii)

7.7 No Pledge of Credit by District .............................................................................. 8

8. Governance and Operation .................................................................................................... 8

8.1 Corporate Status ...................................................................................................... 8

8.2 Corporation Assets .................................................................................................. 8

8.3 Board of Directors................................................................................................... 9

8.4 Conflicts of Interest................................................................................................. 9

8.5 No Discrimination ................................................................................................... 9

8.6 Accountability ......................................................................................................... 9

8.7 Open Meeting Law ................................................................................................. 9

8.8 Operational Powers ................................................................................................. 9

8.9 Waiver of Policy ................................................................................................... 10

8.10 Deregulation of State Statutes ............................................................................... 11

8.11 Periodic Review of Progress ................................................................................. 11

8.12 Term ...................................................................................................................... 11

8.13 Renewal of Contract ............................................................................................. 11

9. Employment Matters ........................................................................................................... 12

9.1 Personnel Required to be Employees of District .................................................. 12

9.2 Coordination of Management with District .......................................................... 12

9.3 Other Personnel ..................................................................................................... 12

9.4 Funding of Personnel Costs .................................................................................. 12

9.5 Selection and Hiring of Personnel ........................................................................ 12

9.6 Termination of Employment ................................................................................. 13

9.7 Negotiated Agreements ......................................................................................... 13

9.8 Background Checks .............................................................................................. 13

9.9 Evaluation of District Employees ......................................................................... 13

9.10 Employee Welfare and Safety .............................................................................. 13

9.11 Control and Supervision ....................................................................................... 13

9.12 Personnel Records ................................................................................................. 13

10. Insurance and Legal Liabilities ........................................................................................... 13

10.1 Sources of Insurance Coverage ............................................................................. 14

10.2 Legal Liabilities .................................................................................................... 14

11. Transportation ..................................................................................................................... 14

11.1 Car Pools ............................................................................................................... 15

12. Facilities .............................................................................................................................. 15

12.1 Utilities .................................................................................................................. 15

12.2 Repairs and Maintenance ...................................................................................... 15

12.3 Modification of Facility ........................................................................................ 15

12.4 Right to Inspect ..................................................................................................... 16

12.5 Cleanliness ............................................................................................................ 16

12.6 Cafeteria and Kitchen ........................................................................................... 16

(iii)

13. Procedures for Termination of Contract .............................................................................. 16

13.1 Notice of Material Breach ..................................................................................... 16

13.2 Notice of Termination ........................................................................................... 16

13.3 Opportunity to Appear .......................................................................................... 16

13.4 Injunctive Relief.................................................................................................... 16

14. Post-Termination Procedures .............................................................................................. 17

15. Miscellaneous Provisions .................................................................................................... 17

15.1 Entire Agreement .................................................................................................. 17

15.2 Amendment ........................................................................................................... 17

15.3 Notice .................................................................................................................... 17

15.4 Waiver of Breach .................................................................................................. 18

15.5 Acts of God ........................................................................................................... 18

15.6 Interpretation ......................................................................................................... 18

15.7 Standing and Capacity .......................................................................................... 18

15.8 Dispute Resolution ................................................................................................ 18

15.9 Assignment ........................................................................................................... 19

15.10 Severability ........................................................................................................... 19

15.11 Captions ................................................................................................................ 19

Exhibits:

Exhibit A: Definitions of Specific Capitalized Terms Used in Contract

Exhibit B: Mission Statement

Exhibit C: Admissions Criteria and Priorities

Exhibit D: Administrative Services Provided by District For Service Fee of Five Percent (5%)

of Funding

Exhibit E: Administrative Services Provided by District on a Fee Per Service Basis

Exhibit F: Bylaws

Exhibit G: District Regulations to be Waived

Exhibit H: Rules and Statutes Sought to Be Deregulated

Exhibit I: Description of Facility

11793710

ENTERPRISE SCHOOL CONTRACT

BELLE ISLE ENTERPRISE MIDDLE SCHOOL

FISCAL YEAR 2013-2014

THIS ENTERPRISE SCHOOL CONTRACT (“Contract”) is made and entered by and

between INDEPENDENT SCHOOL DISTRICT NO. 89 OF OKLAHOMA COUNTY,

OKLAHOMA, also known as the Oklahoma City Public School District (“District”), and

BELLE ISLE ENTERPRISE MIDDLE SCHOOL, INC., a not-for-profit corporation

incorporated under the laws of the State of Oklahoma (“Corporation”).

WHEREAS, District’s Board adopted Policy I-49, Enterprise Schools on July 1, 1997

authorizing contracts between District and other parties for the purpose of creating and operating

Enterprise Schools to improve student achievements and increase learning opportunities for

District’s Students; on the same date Regulation I-49-R1 was implemented establishing the

procedures for interested parties to apply for approval to create and operate an Enterprise School;

and District’s Board subsequently adopted Policy I-24, Enterprise Schools.

WHEREAS, Corporation has successfully operated to date Belle Isle Enterprise Middle

School (“School”) as an enterprise school pursuant to the Application, contracts for the 1999-

2000 school year through the 2012-2013 school year (“Prior Contract”) and was named as a Blue

Ribbon School by the United States Department of Education for 2004;

WHEREAS, Corporation has requested that its contract be renewed for the 2013-2014

school year; and

WHEREAS, the District’s Board of Education has determined that renewal of the Prior

Contract for the 2013-2014 school year complies with the purposes and requirements of Policy I-

24 and should be approved.

THEREFORE, in consideration of the foregoing Recitals and the following obligations

and covenants, the Parties agree as follows:

1. Documents Incorporated by Reference:

1.1 Definitions. To simplify the wording of the terms and conditions herein, certain

definitions are set forth in Exhibit A. The specific capitalized words used in this

Contract, in their singular or plural forms, shall have the meanings set forth in Exhibit A.

1.2 Application. The Application is incorporated herein by reference as a part of this

Contract, subject to such modifications to its terms as are contained in this Contract.

1.3 Recitals. The recitals stated above are true and correct, and are incorporated by

reference.

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1.4 Exhibits. Exhibits A through I which are attached to this Contract are

incorporated by reference.

2. Mission Statement: The mission statement for the School set forth in Exhibit B is

accepted and incorporated herein by reference.

3. Goals, Objectives and Student Performance Standards: The goals, objectives, and

performance standards set forth in the Application, as amended by this Contract, are agreed upon

by the Parties and are subject to the following conditions:

3.1 Student Attendance. The School shall comply with Legal Authority relating to

the mandatory attendance of Students, provided that School may adopt more stringent

standards of attendance as qualifications for attending the School. Provided, School shall

not dismiss any student for violation of the academic policy after three (3) working days

after the end of the second quarter through the remainder of the school year, unless as

required by law or at the request of student’s parent or guardian.

3.2 Student Conduct. The School shall comply with Legal Authority relating to

student conduct, provided that School may adopt additional standards of conduct for the

purpose of Student discipline.

3.3 Student Discipline. The School shall maintain a safe and orderly learning

environment. The School shall comply with Legal Authority regarding the discipline of

Students. School shall be subject to review of the percentages of and reasons for student

dismissal from School.

4. Educational Program, Pupil Performance Standards and Curriculum: The School’s

curriculum as set forth in the Application is approved for implementation, subject to the

conditions set forth below.

4.1 Curriculum. The Corporation shall have the authority and responsibility for

refining the design and implementation of the School’s educational program, subject to

the conditions of this Contract, in a manner that is consistent with Legal Authority.

4.1.1 Meet or Exceed District Standards. The educational program, pupil

performance standards and curriculum designed and implemented by the School

shall meet or may exceed any content standards adopted by the District and shall

be designed to enable each pupil to achieve such standards. The effectiveness of

School’s program shall be measured by criteria set as requested by the Board at

the beginning of this Contract and any standards imposed by law.

4.2 Student Records. The School shall comply with all record-keeping requirements

of Legal Authority and shall provide any reports necessary to meet the District’s

reporting obligations pursuant to Legal Authority including without limitation

immunization records, class schedules, records of academic performance, disciplinary

actions, attendance, standardized test results and documentation of Students with

disabilities. For any dismissal during the current and prior school years, School shall

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keep records related to the dismissal of and the reason(s) for said dismissal. School shall

be provided with any software, hardware and network connections provided to other

schools in the district for such purposes.

4.2.1 Privacy Requirements. Since it is anticipated that the School will utilize

volunteers for various staff functions relating to the operation of the School,

School shall comply with privacy requirements set forth in Legal Authority by

implementing procedures which include, without limitation, the following:

a. The School shall have Parents sign documents acknowledging that

appropriate Volunteers, who have been determined by the School to have

legitimate educational interests, might view records of the Parents’

Student(s), unless they notify the School otherwise; and

b. The School shall require such Volunteers to sign documents

verifying that they acknowledge the existence of and will abide by the

confidentiality requirements of Student records.

4.3 Nonreligious, Nonsectarian and Nondiscriminatory. The educational program of

the School shall be nonreligious, nonsectarian, and shall not discriminate against any

Student on the basis of any status or condition for which Legal Authority provides

protection from discrimination. The School shall not be affiliated with any nonpublic

religious or sectarian school or religious organization if such affiliation would be in

violation of applicable law. Access to facilities for extra-curricular activities, competitive

activities, and outside organizations will be allowed pursuant to policy and applicable

law.

4.4 Education of Students with Disabilities. The School shall comply with all Legal

Authority relating to the education of Students with disabilities. Upon admission of a

Student to the School, the School shall determine whether the Student has been identified

as a child with disabilities. If so, the School shall obtain a copy of the Student’s IEP. A

properly constituted IEP team shall be convened to determine whether the School is an

appropriate placement for the student and, if so, the manner in which the IEP will be

implemented at the School. The School and the District will take all reasonable steps to

educate the Student at the School if the School is an appropriate placement for the

Student.

4.4.1 Other Appropriate Placement and Related Services. If other placement is

deemed to be appropriate or if related services are required for a Student with

disabilities, such placement or services shall be provided by District. The School

shall only be charged for the personnel actually rendering services at the School

in proportion to the time spent at the school compared to such employee’s normal

employment with the District. Such allocation shall be made on a full-time

equivalency (FTE) basis.

4.5 Admission. Admission to the School shall be determined in accordance with the

following:

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4.5.1 Grades to be Served. The School shall provide the sixth, seventh and

eighth grades during the term of this Contract.

4.5.2 Funded Student Population. The District and the School have agreed to

base funding for this fiscal year on the lesser of 450 students or the number of

students enrolled at the School on October 1st of each fiscal year.

4.5.3 Admission Procedures. Admission to the School shall be in accordance

with Exhibit C.

4.5.4 Admission Records. School shall maintain and retain documentation

sufficient to demonstrate the procedures used in the process for the selection of

students for admission, including all applications and minutes of admission

deliberations and procedures indicating persons involved and procedures used.

District may review such records in the usual course of business.

4.5.5 Admission Contract. School may require students and their

parents/guardians to sign a contract setting forth the terms and conditions of

admission to the School. Such Admission Contract shall be submitted to and

approved by the Superintendent or his designee prior to its implementation.

4.6 Tuition. Tuition shall not be charged for admission to the School; provided

School shall not be precluded from charging for programs conducted outside the regular

school day for which students do not receive academic credit or other fees charged

students by other schools within the District not for academic credit.

5. Evaluation of Student Performance. The School’s evaluation of Student performance

shall be in accordance with Legal Authority relating to student performance. The School shall

cooperate with the District to coordinate testing and reporting of test data with the District’s

statistical reporting needs and testing requirements.

5.1 Testing. School shall evaluate performance with the same testing methods used

by the District in other schools of a similar nature. School may also utilize other methods

of evaluating student performance.

5.2 Accommodations. Accommodations in testing procedures shall be in accordance

with Legal Authority.

5.3 District Assistance. The District shall provide Student’s testing and interpretation

without additional charge to the School to the extent such testing is provided to other

schools in the District.

5.4 Student Portfolio. Each teacher shall maintain during the school year a portfolio

of representative work including but not exclusive of worksheets, test papers, daily

assignments, special projects or research papers, art work and work related to music

instruction. Each student’s work in the portfolio will be available on request for review

by the Student, parents of the Student and appropriate District personnel. If requirements

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of Legal Authority regarding privacy are met, contents of such portfolios may be

reviewed by other persons.

5.5 Independent Evaluation of School. An independent evaluation of the School may

be requested by the District during the term of this Contract. Selection of an independent

evaluator and the evaluation design shall be made by mutual agreement of the

Corporation and District. The evaluator(s) and evaluation design will be approved by the

Corporation and District. District will cooperate with and assist Corporation in its efforts

to obtain a grant for such evaluation. Funding of the cost of the evaluation shall be by

mutual agreement of the Parties.

6. Budget, Financial Reports and Annual Audit.

6.1 Initial Budget. Corporation shall prepare and provide to the District a budget,

regarding funds provided through Section 7 of this Contract for the fiscal year to which

this Contract applies prior to the beginning of such fiscal year or as soon as possible

thereafter.

6.2 Revisions to Budget. The parties acknowledge that the Budget will be an

evolving document during the term of this Contract. The Corporation shall review the

Budget on a monthly basis and modify it as needed. Copies of all revised budgets shall

be provided to District upon adoption.

6.3 Financial Reports. The Corporation shall be responsible for providing the

District, within twenty (20) days following the end of each calendar month, written

revenue and expenditure reports with comparisons to budget and on an annual basis, a

financial statement that reports the costs of administration, instruction and other spending

categories, consistent with the accounting and reporting procedures required by Legal

Authority for Oklahoma school districts. The District shall be responsible for providing

the School, within twenty (20) days following the end of each calendar month, a report of

any expenses that are charged to the School for any services listed on Exhibit E that are

provided by the District and for any expenses charged to the School pursuant to Article

12.

6.4 Audit. Corporation shall permit an audit of separate funds managed by it as a

non-profit corporation occurring during the term of this Contract. Corporation shall

provide District with a copy of any audit of Corporation’s financial transaction which it

has prepared. District funds expended on behalf of Corporation shall be audited by

District as required by law.

6.5 Financial Records. The Corporation’s and School’s financial records relating to

Funding and the School Activity Fund shall be available for inspection and auditing by

District officials and agents.

6.6 Quarterly Reconciliation of Funding. If requested by the District or the

Corporation, the District and Corporation shall reconcile their records relating to the

expenditures of Funding on a calendar-quarter basis during the term of this Contract

commencing with the quarter ending on September 30. Any report submitted to the

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District will be deemed accurate and conclusive 90 days after the end of each calendar

quarter unless issues are raised by either the District or the School.

7. Funding for School’s Operation. Funding for the School’s operation shall be from the

following sources: the District’s General Fund and other resources provided by the District; fees

authorized by this Contract; contributions and grants obtained by the Corporation from sources

other than the District; and the School Activity Fund. Prior to initiating any competitive grants

for the School, the District shall obtain the consent of the Corporation. Proposed coordination of

curriculum and programs between the School and any other school in the District shall be

expressly stated in any competitive grant application submitted by the District and shall be

approved by the Corporation before the grant application is submitted. No coordinated program

other than relating to entitlement grants shall be implemented by District at the School without

the prior express written consent of the Corporation, and the District shall not assign any

employee to coordinate such projects without the Corporation’s prior approval.

7.1 District’s Funds. The Board shall encumber Funding for the operation of the

School from the appropriate funds administered by the District. The School shall submit

requisitions for purchase orders to the District to draw upon Funding for purposes

authorized in this Contract and consistent with the Budget. The District will process all

purchase orders submitted by the School on or before May 31st of the fiscal year for

goods and/or services expected to be received on or before the end of the fiscal year in

the normal course of business. The date for purchase orders may be extended by written

agreement of the Parties if Funding for the fiscal year permits such expenditure. The

School shall assist the District with cost accounting requirements for Funding.

7.1.1 Calculation of Funding. Because the School is charged the Administrative

Fee set forth in Section 7.4, it is the intent of the Parties that the School will

receive Funding in an amount greater than that provided for other schools in the

District for the 2013-2014 fiscal year from the General Fund, excluding funds

from specific sources provided for in Section 7.1.3. The District shall fund the

School in the amount of Four Thousand Three Hundred Twenty Seven Dollars

and Eighty-Six Cents ($4,327.86) per Student. Funding will be calculated by

multiplying the funding per Student stated above by the number of Students

attending the School as calculated in Section 4.5.2. Such Funding shall be

increased or decreased in the same amount as any incremental increase or

decrease in the salaries and benefits of District employees assigned to the School

resulting from mandates or appropriations of the Oklahoma Legislature or from

actions taken by the District, in either event which are enacted or taken

subsequent to the execution of this Contract and which will become effective

during the term of this Contract. The School shall receive its proportionate net

increase of any mandated increase for certified staff salaries. Such Funding shall

be increased or decreased proportionately to any increases or decreases received

by the District to State Aid revenue in its 2013-2014 initial allocation and

subsequent to the initial allocation during the term of this Contract not the result

of District data.

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7.1.2 Fund Balance. Funding not expended during the term of this contract

shall be carried forward to the next fiscal year as a part of the District’s Fund

Balance if such amount is (i) reserved for use in a future fiscal year with the

written agreement of the District, or (ii) was not expended by the School due to

the failure of the District to process timely submitted purchase orders. The

District and the School agree that the Fund Balance as of June 30, 2013 is $0.00.

The School’s Fund Balance as of June 30, 2013, if any, shall be carried forward

and utilized by the School over the following three years. The School shall not

utilize more than $100,000 of the Fund Balance during any fiscal year unless

otherwise agreed by the parties in writing. The School agrees to notify the

District of the amount of Fund Balance to utilize in this fiscal year by November

13, 2013. The portion of the Fund Balance identified by the School to be

expended in this fiscal year shall be expended before the fiscal year funding is

used.

7.1.3 Additional Funding from Specific Sources. If funding from specific

sources, other than state aid distributed by the state aid formula, including but not

limited to federal funds such as Title I funds, is available by virtue of eligible

students or specific programs provided by the School, such funds shall be

provided to the School in addition to the Funding allocation described above and

in the same manner as such funding is provided to other District schools. District

will cooperate with and assist Corporation in applying for grants specific to the

School to the extent practicable and shall provide proceeds from such grants to

the School.

7.2 Private Contributions. The Corporation may solicit private contributions on

behalf of the School. Such funds shall be maintained in the Corporation’s accounts and

investments, and shall be used solely for the benefit of the School, unless otherwise

provided in this Contract. Such funds and interest thereon shall be expended in

accordance with the Budget.

7.3 Activity Funds. Activity Funds may be raised and expended in the manner

provided by Legal Authority. Corporation may determine whether concession and

vending machine revenues shall be Corporation’s funds or Activity Funds.

7.4 Administrative Fee and Services. The School shall be provided certain

administrative services provided to other schools in the District which are set forth in

Exhibit D. A flat fee of five percent (5%) of Funding shall be charged for access to and

the provision of those services which are listed in Exhibit D.

7.5 Administrative Services on a Per Fee Basis. Certain administrative services may

be utilized by the School on a fee basis. Those services and the fees charged against

Funding for their use are set forth in Exhibit E. The School shall not be charged for any

services listed on Exhibit E unless these services are expressly requested and provided by

the District. The District shall provide the School a report detailing the services provided

so the School can make any necessary budgetary adjustments within 20 days after the end

of the month in which the service was provided. The level of service(s) would be for the

8

same or similar level of service(s) provided at the end of the 2012-2013school year unless

otherwise agreed to by both parties. In the event of changes in the District which would

result in increased cost of providing the service(s) listed in Exhibit E to the School,

District reserves the right to renegotiate the level of service(s) and cost of providing the

service(s) to be reflective of the service(s) level and cost to other sites and the cost to the

District.

7.6 Food Service. The School’s breakfast and lunch programs and associated

personnel shall be provided by the Oklahoma City Public Schools Child Nutrition

Services Department. The School will not be assessed any fee for staffing, equipment,

supplies, consumables, utensils, food stuffs or any other expense relating to such

programs. The School shall make available the Facility’s existing food service area and

equipment for such purpose subject to Section 12.6 herein. The School shall be charged

by the Child Nutrition Services Department for food service other than the School’s

breakfast and lunch program in the same manner that such food service is provided to

other District schools. Child Nutrition Services will work with the Corporation and its

board of directors in promoting healthy life style choices and a healthy school

environment in compliance with Legal Authority. The Corporation may use other

vendors for the provision of after-school snacks and other food or meals not covered by

the District’s breakfast and lunch programs.

7.7 No Pledge of Credit by District. The Corporation shall not represent that it has

authority to pledge the District’s credit or make District a guarantor of payment or surety

for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The

Corporation further warrants and represents that it has no obligations or indebtedness that

would impair its ability to fulfill the terms of this Contract.

8. Governance and Operation. The governance and operation process set forth in the

Application concerning the nature and extent of parental, professional and community

involvement in the governance and operation of the School is accepted by the District to the

extent permissible under Legal Authority and subject to all conditions of this Contract.

8.1 Corporate Status. The Corporation has incorporated, at its own expense, as an

Oklahoma not-for-profit corporation and shall continue its status as a Corporation in good

standing during the term of this Contract. Proof of its incorporation shall be provided the

District at the time of execution of this Contract.

8.2 Corporation Assets. Upon dissolution in accordance with applicable law,

voluntarily or otherwise, and/or when the School is no longer being operated by the

Corporation, assets not requiring return or transfer to donors or grantors or otherwise

disposed of pursuant to the request of the donors or grantors, or required for discharge of

existing liabilities and obligations of the School shall be transferred to an Enterprise

School or to the District. The Corporation shall develop a policy to dispose of all

donations or gifts remaining upon dissolution consistent with the goals of the Corporation

of promotion of Enterprise Schools in the District. In the event there are no Enterprise

Schools, the Board shall distribute the remaining monies to other schools or entities

9

engaged in innovative or progressive public education within the District. Disposition of

all District property shall be by the District. It is the intent of the Parties that no

provision herein relating to distribution of property upon disposition shall impair the

exempt status of the Corporation and the deductibility of contributions or donations

thereto. Any provision herein having such effect shall be null and void.

8.3 Board of Directors. The Corporation shall administer the operation of the School

through its Directors which shall be selected as set forth in the Bylaws of the

Corporation, which are amended as reflected in Exhibit F.

8.4 Conflicts of Interest. The Directors shall comply with Legal Authority regarding

ethics and conflict of interest, except that persons employed by or assigned to the School

may serve as a Director.

8.5 No Discrimination. The Corporation shall not discriminate against any person on

the basis of any status or condition for which Legal Authority provides protection from

discrimination.

8.6 Accountability. The School shall operate under the auspices of and be

accountable to the District and be subject to Legal Authority. The School shall

participate in the District’s financial accountability process in accordance with Legal

Authority. All records required by Legal Authority shall be maintained by the School

unless District assumes such maintenance and all such records shall be open to inspection

by the District. All records generated by the School that are required by Legal Authority

to be retained as records of the District shall be preserved and maintained by the School

and shall be transferred to the District when the Corporation ceases to operate the School

or sooner, if required by Legal Authority.

8.7 Open Meeting Law. To the extent required by Legal Authority, the meetings of

the Directors shall be conducted in compliance with the Oklahoma Open Meeting Law,

25 O.S. §301, et seq.

8.8 Operational Powers. Subject to the conditions and provisions of this Contract, the

Corporation shall be fiscally responsible for its own operations within the resources

available to it from funding provided by the District and from other sources consistent

with Legal Authority.

8.8.1 Corporation. The Corporation shall have authority to administer, manage

and operate the School and to exercise independently, consistent with Legal

Authority, the following powers, as well as such powers as are provided for

elsewhere in this Contract and in the Application to the extent consistent with this

Contract: to contract for goods and services; prepare a budget; select personnel

and determine the compensation of non-district employees; procure insurance;

lease facilities; purchase, lease or rent furniture, equipment and supplies; accept

and expend gifts, donations or grants of any kind in accordance with such

conditions prescribed by the donor as are consistent with Legal Authority and not

contrary to any of the terms of this Contract; and such other powers for the

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operation of School pursuant to the terms of this Contract and Legal Authority;

provided that nothing herein above shall be construed as a limitation on the

Powers of the Corporation as authorized by law, except to the extent specific

terms of this Contract are limiting. District shall notify Corporation of any

prospective contracts to which the District may be a party that would impact on

the Corporation, its operation of the School’s instructional program and/or its

budget for the operation of the School. Unless such contract significantly impacts

on the safety and welfare of the Students or significantly affects the funding the

District’s General Fund, the District shall make a reasonable effort to seek the

approval of the Corporation’s chief administrative office before including the

School within the scope of such contract.

8.8.2 District Contracts Impacting School. District shall notify Corporation of

any prospective contracts to which the District may be a party that would impact

on the Corporation, its operation of the School’s instructional program and/or its

budget for the operation of the School. Unless such contract significantly impacts

on the safety and welfare of the Students or significantly affects the funding of the

District’s General Fund, the District shall make a reasonable effort to seek the

approval of the Corporation’s chief administrative office before including the

School within the scope of such contract.

8.8.3 No Authority to Obligate District. The Corporation acknowledges the

applicable provisions of Article X, §26 of the Oklahoma Constitution. The

Corporation shall not have any authority to enter into any agreement or make any

commitment that obligates the District beyond the Funding encumbered by the

District on behalf of the School.

8.8.4 Comply with Legal Authority. In exercising its powers, the Corporation

shall comply with Legal Authority.

8.8.5 Regulations. The School shall have the authority to adopt written

regulations with respect to any matter relating to the School operation and

educational programs. The Corporation shall furnish the District with copies of

all written regulations it adopts. Such regulations shall not conflict with Legal

Authority.

8.8.6 No Guaranty of Corporation’s Obligation by District. The Corporation

shall clearly indicate to vendors and other entities and individuals with which it

conducts business other than the District that the obligations of the Corporation

under agreement or contract are solely the obligation and responsibility of the

Corporation and are not that of the District.

8.9 Waiver of Policy. Policy provisions which are contrary to specific terms and

conditions of this Contract are hereby deemed waived. Policies which are waived in their

entirety pursuant to the terms of this Contract are set forth in Exhibit G. It is the intent of

the Parties that this Contract will provide the School with flexibility to develop

11

innovative procedures reflected in the proposed waivers of policy set forth in the

Application. In the event the terms of this Contract do not achieve such result, waivers

from additional Policies may be requested by the Corporation in writing to the District.

Such requests shall state the reasons for the request and the School’s alternative method

of addressing the subject matter of the Policy sought to be waived. The Board shall act

upon such request within a reasonable time, not to exceed thirty (30) calendar days.

8.10 Deregulation of State Statutes. The District and Corporation shall jointly apply

for the deregulation of the State Department of Education rules and/or education-related

statutory requirements set forth in Exhibit H pursuant to 70 O.S. §3-124 et seq.

Corporation may request in writing that the District and Corporation seek the

deregulation of additional State Department of Education rules and/or education-related

statutory requirements. Such requests shall state the reasons for the requests and the

School’s alternative method of addressing the subject matter sought to be deregulated.

The Board shall act upon such upon such request within a reasonable time, not to exceed

thirty (30) calendar days. The Corporation will assist with all reporting and analysis of

its programs required by the deregulation process.

8.11 Periodic Review of Progress. The School shall be subject to a review of its

operation and programs by the District. The Corporation, on behalf of the School shall,

on or before thirty (30) calendar days after the last school day of each academic quarter,

provide to the District a written report concerning its operations, including, progress

made toward achieving its educational goals and objectives, content standard, policy

development issues, student performance standards, student attendance and discipline

information, personnel matters and other relevant provisions of the Application.

8.12 Term. It is the intent of the Parties that this Contract will be effective from July 1,

2013 and shall terminate on June 30, 2014. The District can only assume obligations for

the funding of the School in the fiscal year that funds are appropriated. Funds will be

encumbered in the current fiscal year to fund the obligations assumed herein by the

District.

8.13 Renewal of Contract. The following procedures shall be used for the

consideration of the renewal of this Contract.

8.13.1 Corporation’s Request for Renewal. On or before January 31, 2014, the

Corporation shall determine if it desires to request the renewal of this Contract for

another fiscal year. It shall submit such request, if any, to the District’s

Superintendent. Such request shall contain any modifications to the Contract’s

terms and conditions the Corporation desires prior to the Board’s consideration of

a contract for the 2014-2015 Fiscal Year.

8.13.2 Recommendation of Superintendent. Upon receipt of the Corporation’s

request for renewal of this Contract, if any, the Superintendent shall review the

request and make a recommendation to the Board at a special or regular meeting

in March, 2014, or as soon thereafter as possible, as to whether a contract with the

Corporation should be entered into for the 2014-2015 Fiscal Year.

12

Superintendent shall include in such recommendation any desired changes in the

Contract’s terms and conditions.

8.13.3 Board Action on Contract. The Board shall act upon the Superintendent’s

recommendation at a special or regular meeting in March, 2014, or as soon

thereafter as possible. The Corporation shall have the opportunity to address the

Board regarding its request and the Superintendent’s recommendation prior to the

Board’s action.

9. Employment Matters.

9.1 Personnel Required to be Employees of District. The following personnel of the

School shall be employees of the District:

a. The Principal;

b. All personnel who are certified teachers as defined by 70 O.S. 6-182 and

who are serving in positions for which such certification is required by law.

9.2 Coordination of Management with District. The Principal shall be an

appropriately certified administrator. The supervision and direction of Principal shall be

the responsibility of the Corporation, provided that the District shall have supervision of

the Principal for the purposes of the Principal’s performance evaluation and the

Principal’s fulfillment of District’s responsibilities under Legal Authority, the supervision

of which cannot be delegated to the Corporation. Corporation shall report to the District

any matters the Corporation determines are relevant to the evaluation of the Principal’s

performance. The member of the School’s staff who serves in the capacity of principal

shall coordinate with the principal’s evaluator in the District as to which District

meetings it will be appropriate to attend.

9.3 Other Personnel. Other personnel of the School, at the discretion of the

Corporation, may be volunteers, employees of the Corporation, personnel leased from

third parties, or employees of the District. No person shall be employed by Corporation

to serve as a teaching assistant if that person’s certification or licensure as an educator

has been revoked by any state or if that person is not otherwise in compliance with legal

authority.

9.4 Funding of Personnel Costs. The employment costs of District employees

assigned to the School shall be paid from the Funding. Such employees shall receive the

same compensation and benefits as other similarly-situated employees in the District.

Provided, however, the School reserves the right at the direction of the Corporation to

provide additional benefits and/or compensation to teachers and/or support personnel as

Funding permits unless objected to by the applicable union. The employment costs of

non-District employees may be paid from the Funding or from private sources. The

actual benefit cost provided to District personnel of the School shall be charged against

the Funding and shall not exceed thirty percent (30%) of the direct compensation paid to

District employees assigned to the School.

13

9.5 Selection and Hiring of Personnel. The Corporation may select all personnel to

staff the School, subject to compliance with Legal Authority. The School may negotiate

an agreement with the teachers’ union that the District could enter as a party so long as

such agreement does not affect Funding. Provided, however, the School has the

discretion to immediately rehire any teacher who is terminated due to a reduction in force

conducted by the District. Provided further, the Corporation may make any other

personnel decisions that do not directly affect the funding provided by the District. The

selection of personnel who are required to be employees of the District is subject to the

approval of the District prior to their hiring or reassignment from other District positions.

The Corporation shall be responsible for selecting, supervising, disciplining, determining

compensation for and terminating of personnel other than District employees. Such

actions shall be in compliance with Legal Authority. The Corporation, upon obtaining

and presenting a written release from an applicant for a position who is an employee of

the District, shall have access to the applicants’ personnel records.

9.6 Termination of Employment. The termination of the employment of District

employees assigned to the School shall be effected in accordance with Legal Authority

and any applicable Negotiated Agreement. The Corporation may terminate the

employment of non-District employees so long as such employees are not terminated for

constitutionally impermissible reasons.

9.7 Negotiated Agreements. District employees who are assigned to the School shall

be subject to any applicable Negotiated Agreement.

9.8 Background Checks. All persons employed by the Corporation shall be subject to

the same background checks as are required of District employees.

9.9 Evaluation of District Employees. Performance of District employees shall be

evaluated in accordance with Legal Authority and any applicable Negotiated Agreement.

9.10 Employee Welfare and Safety. School shall comply with Legal Authority

concerning employee welfare, safety and health issues.

9.11 Control and Supervision. The Corporation shall have control and supervision

over non-District employees and volunteers, subject to any limitations set forth in this

Contract. The Corporation shall have control and supervision of District employees,

subject to any limitations set forth in Legal Authority, Negotiated Agreements and this

Contract. Such control includes, without limitation, developing written policies

concerning recruitment, discipline, termination of employment and evaluation of

performance.

9.12 Personnel Records. The Corporation shall be responsible for establishing and

maintaining records for Corporation’s employees in compliance with Legal Authority.

The School shall provide the District with such records and documentation for District

personnel assigned to School as are needed by District to perform its personnel

management functions.

10. Insurance and Legal Liabilities. Corporation and District shall coordinate risk

14

management activities.

10.1 Sources of Insurance Coverage. Insurance for the Corporation shall be provided

in the following manner:

10.1.1 Existing District Policies. District’s liabilities arising out of the operation

of the School shall be insured under the District’s insurance policies in force

during the term of this Contract. The cost of such insurance shall be paid by

District except as provided below. All District real and personal property shall be

insured by the District.

10.1.2 Extended District Policies. To the extent allowable under existing District

insurance policies, the Corporation shall be named as an additional party insured

and/or additional coverage may be purchased by Corporation. The additional

premium for such additional coverage and naming the Corporation as an

additional party insured shall be charged against Funding or reimbursed to the

District.

10.1.3 Additional Insurance. Corporation shall acquire such additional insurance

as its Board of Directors deems necessary to provide adequate insurance

coverage, provided that it shall comply with Legal Authority with regard to the

acquisition of compulsory insurance and bonding.

10.1.4 Claims. School agrees that it will coordinate all risk management

activities with District’s Associate General Legal Counsel. This will include the

prompt reporting of any and all pending or threatened claims, filing of timely

notices of claim, cooperating fully with the District in the defense of any claims

and complying with the provisions of the Governmental Tort Claims Act and the

School District’s applicable insurance policies. The School shall neither

compromise, settle, negotiate, nor otherwise affect any disposition of potential

claims asserted against it without the District’s prior written approval.

10.2 Legal Liabilities. Corporation shall operate the School in compliance with Legal

Authority.

10.2.1 No Extension of District’s Faith and Credit. Corporation agrees that it

will not extend the faith and credit of the District to any third person or entity.

School acknowledges and agrees that it has no authority to enter into a contract

that binds the District. The Corporation has no authority to borrow money or

purchase on account based on the District’s credit.

10.2.2 Engagement or License of Other Entities. School shall not engage or

permit third parties to operate any activities within the Facilities without the prior

written consent of the District, provided activities of student-related organizations

do not require such consent and the public may use the Facilities in accordance

with Policies applicable to the use of District facilities by the public.

15

11. Transportation. Students shall be provided transportation by District in accordance with

applicable District transportation plan, unless the School makes other provisions for any or all

students.

11.1 Car Pools. Patrons of the School shall have the opportunity to organize volunteer

car pools to provide student transportation. Providing and utilizing such transportation

by students shall be on a voluntary basis. Such car-pooling shall comply with the

requirements of Legal Authority.

12. Facilities. The School shall be permitted to have use of the Facility for the purpose of

operating the School during the term of this Contract.

12.1 Utilities. The School shall be responsible for paying the utilities actually used at

the Facility. Such payment shall be made by a charge against Funding, reimbursement to

the District, or direct payment to the Utility as appropriate. District shall provide

Corporation with documentation reflecting the cost of utilities actually used at the

Facility.

12.2 Repairs and Maintenance. Corporation shall be responsible for all repairs to and

maintenance of the Facility, except for those relating to the structure of the Facility

including the roofs, and repairs to its HVAC, electrical and plumbing systems other than

routine maintenance. This Contract does not require either party to assume any

obligation for removal of any hazardous substances relating to environmental quality. In

accordance with Article 6, the District shall submit to the School a report within 20 days

after the end of the month in which the service is performed detailing any charges to the

School incurred pursuant to this Section 12.2.

12.2.1 Repairs by District. In the event a condition within the Facility requires

repairs beyond normal wear and tear for which Corporation is responsible and if

such repairs are not covered by insurance, Corporation may request that District

provide such repairs. The District, at its sole discretion, shall determine if such

repairs should be made at District expense. Notification of District’s

determination as to whether it will make such repairs shall be made within a

reasonable time not to exceed fifteen (15) calendar days.

12.3 Modification of Facility. No removal of or addition to any portion of the Facility

may be undertaken by the School without the prior written consent of the District. Such

consent shall be given within a reasonable time not to exceed fifteen (15) calendar days.

Such modification shall be in accordance with Legal Authority.

12.3.1. Acknowledgment of Modifications. The District acknowledges (i) that it

has previously granted consent to the Corporation to make modifications and

improvements to the Facility pursuant to an Agreement Regarding Consent to

Modify Facility between the District and the Corporation (the “Agreement”), (ii)

that the modifications and improvements to the Facility have been completed, (iii)

that title to the modifications and improvements to the Facility in the form of pre-

engineered fabricated metal buildings were transferred to the District as of June

16

30, 2005, and (iv) that the Corporation has fully performed its obligations under

the Agreement.

12.4 Right to Inspect. District’s representatives shall have the right to inspect the

Facilities at any time to insure compliance with Legal Authority and the terms of this

Contract.

12.5 Cleanliness. The Corporation shall maintain the Facility in a safe and clean

condition and shall comply with all requirements under applicable health codes

pertaining to the condition of the Facility.

12.6 Cafeteria and Kitchen. The Corporation shall be able to use the cafeteria and

kitchen for use not inconsistent with the provision of food service described in Section

7.6.

13. Procedures for Termination of Contract. It is the reasonable expectation of the Parties

that this Contract shall continue in full force and effect for its entire term set forth in Section

8.12. The Parties acknowledge, however, that there may be circumstances under which the

District may be required in the best interest of the Students to terminate this Contract because of

a material breach of this Contract, including, without limitation, to prevent material violations of

law or to enable the District to comply with its mandatory obligations under Legal Authority.

Corporation may be required to terminate this Contract by actions of the District arising from a

material breach of this Contract or otherwise, which materially interferes with Corporation’s

ability to perform this Contract. The Parties further acknowledge that it will be impossible to

foresee all circumstances under which termination of this Contract would be sought by either

Party. Therefore, the following procedures shall be used to address matters that may be a basis

for termination of this Contract during its term.

13.1 Notice of Material Breach. The Party asserting a material breach of contract

shall, prior to issuing a written notice of termination, give the other Party written notice

of such breach at least thirty (30) days or, within a reasonable period if the health or

safety of children is threatened.

13.2 Notice of Termination. If the other Party fails to take reasonable steps to cure the

alleged material breach to the satisfaction of the asserting Party within the period set forth

in Section 13.1 the asserting Party may, at any time thereafter, provide written notice of

termination to the other Party. Such notice shall be thirty (30) days in advance of such

termination.

13.3 Opportunity to Appear. If such notice of termination is given, the Party against

whom termination is initiated shall have an opportunity to address the governing body of

the other Party on the matters alleged to be the basis for the termination. Such

opportunity shall be provided within the thirty (30) day period after receipt of the notice

of termination.

13.4 Injunctive Relief. Nothing herein shall prevent either Party from seeking

injunctive relief during such termination proceedings if the health, safety or welfare of

17

the Students is in jeopardy or any other irreparable injury is occurring through the

operation of the School.

14. Post-Termination Procedures. In the event of termination, all Corporation assets not

requiring return or transfer to donors or grantors or otherwise disposed of pursuant to the request

of the donors or grantors, or required for discharge of existing liabilities and operations of School

shall be delivered to the District. Unless a donor or grantor specifically provides otherwise in

writing, all gifts, donations and grants shall be assumed to be made to the School and shall be

included among the assets returned to the District or transferred to an Enterprise School upon

termination of this Contract. It is the intent of the Parties that no provision herein relating to

distribution of property upon disposition shall impair the exempt status of the Corporation and

the deductibility of contributions or donations thereto. Any provision herein having such effect

shall be null and void.

15. Miscellaneous Provisions.

15.1 Entire Agreement. This Contract, with Exhibits, contains all terms, conditions

and provisions hereof and the entire understandings and all representations of

understandings and discussions of the Parties relating thereto, and all prior

representations, understandings and discussions are merged herein and superseded and

canceled by this Contract. Accordingly, it is agreed that no deviation from the terms

hereof shall be predicated upon any prior representations or agreements, whether or oral

or written. It is further agreed that no modification, amendment or alteration in the terms

and conditions contained herein shall be effective unless contained in a written document

approved and executed by the Parties.

15.2 Amendment. This Contract may only be modified or amended by further written

agreement executed by the Parties.

15.3 Notice. Any notice required or permitted under this Contract shall be in writing

and shall be effective upon personal delivery or facsimile transmission, subject to

verification of service or acknowledgment of receipt, or three (3) days after mailing when

sent by certified mail, postage prepaid, to the following persons:

For notice to Corporation/School: For notice to District:

For mailing and personal delivery: For mailing and personal delivery:

Stephen Zahn, President Craig A. Cates, Board Clerk

BIEMS, Inc. Oklahoma City Public Schools

Belle Isle Enterprise Middle School Administration Building

5904 N. Villa Ave. 900 North Klein

Oklahoma City, OK 73118 Oklahoma City, OK 73106

For facsimile: For facsimile:

Stephen Zahn, President Craig A. Cates, Board Clerk

BIEMS, Inc. Oklahoma City Public Schools

(405) 841-3127 (405) 587-0180

18

15.3.1 Reporting Requirements. All reports required to be given by this Contract

shall be given to the persons set forth in Section 15.3 unless otherwise directed in

writing.

15.4 Waiver of Breach. No express or implied consent or waiver of any breach or

default by one Party to the other shall be deemed or construed to be consent or waiver of

any other breach or default by such Party hereunder. Furthermore, except as otherwise

provided herein, failure on the part of either Party hereto to complain of any act or failure

to act by the other Party or to declare the other Party in default hereunder, irrespective of

how long such failure continues, shall not constitute a waiver of the rights of such Party

hereunder.

15.5 Acts of God. Neither Party shall be in breach of this Contract if the performance

of any part or all of this Contract is prevented, delayed, hindered, or otherwise made

impracticable or impossible because of strike, flood, tornado, hurricane, riot, explosion,

war, act of God, sabotage, accident, or any other casualty or cause beyond either Party’s

control and that cannot be overcome by reasonable diligence and without unusual

expense.

15.6 Interpretation. In the event of any disagreement or conflict concerning the

interpretation or enforcement of this Contract, the Application and Legal Authority, it is

agreed that the provisions of this Contract and Policies shall control over the Application

and that compliance by School with Policy shall be required and measured in the same

manner as may be applied and expected by the District of a majority of its other schools.

15.7 Standing and Capacity. The Corporation shall have standing and capacity to enter

into and enforce any of the terms of this Contract on behalf of the Corporation and

School. Any action by Corporation on behalf of the School shall be limited to enforcing

the terms of this Contract and recovering the amounts provided for herein.

15.8 Dispute Resolution. In the event any dispute arises between the District and the

Corporation concerning this Contract other than an alleged material breach addressed in

Article 13, including, without limitation, the implementation of or waiver from any of

District’s Policies, regulations or procedures, such dispute shall first be submitted to the

officer of the responsible department for review. If resolution of the disputed matter is

not attained within 15 working days, the matter will be submitted to the Superintendent

of the District or the Superintendent’s designee for further review. Thereafter, and within

10 working days of the date the matter is submitted to the Superintendent or his designee

for review, the Superintendent or designee and the Corporation shall meet and attempt in

good faith to negotiate a resolution of the dispute. In the event these representatives are

unable to resolve the dispute informally pursuant to this procedure and at the end of an

additional 10 working days, they shall submit the matter to the Board for its consideration

at the next scheduled regular or special board meeting not withstanding any pending

issues at the time this contract commences. With the consent of both Parties the matter

may be submitted to mediation. Such mediator shall be selected by mutual consent of the

Parties.

19

15.9 Assignment. Corporation shall not assign any of its rights or obligations under

this Contract to any person or entity without the prior written approval of the District.

15.10 Severability. If any term or provision of this Contract or the application thereof to

any person or circumstance shall, to any extent, be held invalid or unenforceable for the

remainder of the term of this Contract, then the application of such term or provision to

persons or circumstances other than those as to which it is held invalid or unenforceable

shall not be affected, and every other term and provision of this Contract shall be deemed

valid and enforceable to the extent permitted by law.

15.11 Captions. Captions in this Contract are included for convenience only and are not

to be considered in any construction or interpretation of this Contract or any of its

provisions.

IN WITNESS WHEREOF, the parties have accepted and executed this Contract as

of the 15th day of July, 2013.

Belle Isle Enterprise Middle School, Inc.

By: ________________________________

Stephen Zahn, President

Independent School District No. 89 of

Oklahoma County, Oklahoma

By: ________________________________

Lynne Hardin, Chairman

Board of Education

CERTIFICATE

I hereby certify that this Contract was approved by the District’s Board of Education on

the 15th day of July, 2013.

____________________________________

Craig A. Cates, Clerk

CERTIFICATE

I hereby certify that this Contract was approved by the Corporation’s Board of Directors

as of the 15th day of July, 2013.

____________________________________

Angela Harris, Secretary

EXHIBIT A

DEFINITIONS OF SPECIFIC CAPITALIZED TERMS USED IN CONTRACT

Admission Contract. A contract which the School requires students and their parents/guardians

to sign setting forth the terms and conditions of admission.

Application. An application submitted to District by an unincorporated association known as

Committee for a Neighborhood Middle School at Belle Isle-Burbank Campuses on October 3,

1997 for the creation and operation of an Enterprise School, as supplemented and amended by

Supplement No. 1 filed November 11, 1997, letter dated December 4, 1997, Supplement No. 2

filed December 11, 1997 and the revised budget provided to the Board on December 1, 1997.

Board. The Board of Education of the District.

Contract. The contract between the District and the Corporation to which this Exhibit is

attached.

Corporation or BIEMS. Belle Isle Enterprise Middle School, Inc., a not-for-profit corporation

incorporated under the laws of the State of Oklahoma for the purpose of entering into and

performing this contract and any extension thereof.

Directors. Board of Directors of the Corporation.

District. Independent School District No. 89 of Oklahoma County, Oklahoma, a public school

district formed under the laws of the State of Oklahoma.

District Funding. Funds from the District’s General Fund which have been encumbered by the

Board for the operation of the School.

Enterprise School. Any school within the District organized pursuant to a contract between the

District and a second party pursuant to District Policy I-49 adopted by the Board on July 1, 1997,

and as subsequently amended.

Exhibits. Exhibits A through I attached to this Contract and incorporated therein by reference.

Facility. The real property described in Exhibit I provided by the District for the operation of the

School.

Funding. The portion of District’s General Fund which is encumbered for utilization by the

Corporation in the performance of the Contract.

General Fund Budget. The General Fund budget submitted in the Application for the operation

of the School, as revised pursuant to the terms of this Contract. The General Fund Budget is for

the Funds provided by the District as set forth in Sections 7.1, 7.1.1 and 7.1.2.

Governmental Tort Claims Act. The Governmental Tort Claims Act, 51 O.S. §151, et seq.

A-2

IEP. Acronym for individualized educational program, as defined by state and federal law.

Legal Authority. All federal, state and district laws, regulations and policies relating to the topic

referenced and applicable to this Contract and the School, including any amendments thereto

during the term of this Contract, unless such authority has been specifically waived or

deregulated pursuant to this contract or otherwise.

Negotiated Agreement(s). Any collective-bargaining agreement between the District and one of

its employee bargaining units applicable to one or more employees assigned to the School.

Parent(s). A Student’s parent, guardian or other adult who has the legal authority to make

decisions regarding the Student’s education provided by the District.

Parties. The District and the Corporation.

Party. The District or the Corporation.

Policy. District policies adopted by the Board, as amended during the term of this Contract and

regulations to implement such policies.

Policy I-49. District’s Policy I-49 - Enterprise Schools adopted by the Board on July 1, 1997

authorizing contracts between District and other parties to create and operate Enterprise Schools

for the purpose of improving student achievement and increasing learning opportunities for

District’s students.

Principal. A certified administrator employed by the District, who fulfills the function of the

School’s principal, as defined and required by Legal Authority.

Regulation. A regulation adopted by the Corporation pursuant to this contract and relating to the

operation of the School.

Regulation EL-12-M. District’s Regulation Enterprise Schools adopted by the Board and

effective April 1, 2002.

School. The Enterprise School created and operated pursuant to this Contract. In some

applications of this term in this Contract, it shall also include the Corporation, as the School’s

controlling entity under the provisions of the Contract.

School Activity Fund. Funds subject to the provisions of 70 O.S. § 5-129.

Student. Students attending the School.

Superintendent. The District’s Superintendent of Schools.

Volunteer. Persons who perform certain services related to the operation of the School without

compensation.

EXHIBIT B

Belle Isle Enterprise Middle School Mission Statement

To provide a quality educational environment so as to enable all students to master the

academic knowledge appropriate with the curriculum and build upon the fundamental skills

necessary to maximize their potential and prepare them for future education. Such skills would

include reading, writing, phonics, math, cognitive analytical abilities, and science.

To enhance creativity and culture by exposure to the arts, humanities, foreign languages, and

modern educational tools.

To focus on the history and development of Western civilization and traditions.

To foster and mentor the development of individual core values as essential to character

development without which an education is meaningless and irrelevant.

To inspire a vision that future success is self determined by individual achievement and

contributions to the institutions that are the bed rock of the community (i.e., family, religion).

To inculcate, enlarge upon, and exemplify the awareness and recognition of self-evident

absolute truths (i.e., right and wrong, good and evil).

To promote physical activity, health awareness, and social skills.

1. We believe:

2. This is an honor code between the students, parents, educators, and the school system;

3. The home is where education begins and should reinforce what is taught in the

classroom;

4. Physical Safety has first consideration in everything so that everybody is aggressively

involved and responsible for providing a safe and secure learning environment;

5. The family is the primary place where values are caught and taught; however, the school

system is not value neutral;

6. The educators and administrators will be qualified and motivated;

7. The educational curriculum and materials will reflect the mission and value statement and

our commitment to excellence.

8. The principal, in concert with the Board of Directors, will establish standards of

excellence for students and staff in the areas of attendance, advanced degrees, conferences, and

B-2

objectives on standardized test scores.

Values Statement

The development and reinforcement of core values are essential to the education of our students.

These values include: honesty, loyalty, personal responsibility and accountability, respect,

persistence, determination, dependability, trust and patriotism.

9. The community provides the tools and the environment; each of us is personally

responsible for the process of securing an education.

10. Educators will take personal ownership of their responsibility to motivate and teach and

will treat the community, students, and parents as customers. Succinctly, they are preparing

students for future achievement.

11. A quality education is a privilege that has to be continually earned, and success or failure

are never final.

12. We must continuously add value to our relationships through constant learning,

continuous assessment, and planning for success. Achieving minimum standards is not an

acceptable attitude.

13. Every facet of this mission value statement is important. We belong to a team. Our

success and failures are shared.

14. The future starts today, and what we are about is the future of our children and the

community.

EXHIBIT C

ADMISSIONS CRITERIA AND PRIORITIES

Academic criteria for admission will be:

(a) Sixth Grade: Each student admitted to the sixth grade shall have a

cumulative grade point of B or above for grades three through five and a total

reading score, total math score, and total language score on the fourth-grade

Oklahoma Core Curriculum Test (OCCT) at or above 740 or a comparable score

on a comparable standardized test.

(b) Seventh Grade: (i) Students who attended sixth grade at the School shall

meet the criteria set forth in the academic and behavior standards for continued

enrollment; (ii) Students who attended sixth grade at another school shall have a

cumulative grade point average of B or above for grades three through six, and a

total reading score and a total math score in the fifth-grade Oklahoma Core

Curriculum Test (OCCT) at or above 740 or a comparable score on a comparable

standardized test.

(c) Eighth Grade: (i) Students who attended seventh grade at the School

shall meet the criteria set forth in the academic and behavior standards for

continued enrollment; (ii) Students who attended seventh grade at another school

shall have a cumulative grade point average of B or above for grades three

through seven, and a total reading score and a total math score on the sixth-grade

Oklahoma Core Curriculum Test (OCCT) at or above 740 or a comparable score

on a comparable standardized test.

Priorities for admission will be as follows:

First: Those students who attended Belle Isle Enterprise Middle School

the preceding academic year and have met the academic and behavior standards

for continued enrollment.

Second: Students attending Oklahoma City Public Schools District 2

schools (Andrew Johnson, Horace Mann, Monroe, Nichols Hills, North

Highlands, Putnam Heights, West Nichols Hills), siblings of students attending

Belle Isle Enterprise Middle School, and children or teachers at Belle Isle

Enterprise Middle School.

Third: Students who live in the geographic attendance areas within

Oklahoma City Public Schools District 2 schools.

Fourth: All other students residing in the Oklahoma City School District.

Fifth: All students residing outside the Oklahoma City School District

with an approved Application for Transfer into the Oklahoma City School

District.

District will only approve transfers into School for out-of-District students whose

parent is a teacher at School. Any transfer students accepted by School shall

remain a student of School for the full school year for which the student is

accepted. Acceptance of the transfer of an out-of-District student may be revoked

only at the end of the school year for the succeeding school year unless otherwise

requested by the student’s parent or guardian.

EXHIBIT D

ADMINISTRATIVE SERVICES PROVIDED BY

DISTRICT FOR SERVICE FEE

OF FIVE PERCENT (5%) OF FUNDING

1. Superintendent’s Office

2. Legal Services

3. School and Community Affairs

4. Communications

5. Budget/Financial Management

6. Board Related Services

7. Employment Services

8. Information Technology including Computer Maintenance

9. Computer Maintenance

10. District Documents

11. Educational Services

12. Payroll for District Employees

13. Accounting of District Funds

14. Electronic Security System

15. Background Checks of District Personnel

16. Transportation/Garage Services within Zone

EXHIBIT E

ADMINISTRATIVE SERVICES

PROVIDED BY DISTRICT ON A FEE

PER SERVICE BASIS

1. Staff Development

2. Grounds Maintenance

3. Security Personnel

4. Capital Improvements

5. Custodian Services

6. Building Maintenance and Repairs Not Provided Per Agreement

7. Printing and Graphic Services Other Than District Documents

8. Background Checks of Non-District Personnel

EXHIBIT F

THE FOLLOWING RESOLUTIONS WERE APPROVED AT A REGULARLY

SCHEDULED MEETING OF THE MEMBERSHIP ON MAY 9, 2006.

WHEREAS, the current bylaws provide in Article II, Section 2 for the number, election and

tenure of the directors including election at an annual meeting;

WHEREAS, the current bylaws provide in Article I, Section 3 provides that annual meetings,

commencing with the opening of the school in 1998 be held within thirty days of the start of the

school;

WHEREAS, the current bylaws provide in Article I, Section 6 that regular meetings of the

members will be held in September, December and May;

WHEREAS, the school’s Fine Art’s Department holds concerts on a regular basis at the end of

the Fall and Spring semesters which are appropriate for membership action; and

WHEREAS, the board of directors seeks to grow involvement in participation by members

including voting on the boards of director and supports holding the annual meeting over the

course of all regularly scheduled spring Fine Arts programs to permit voting by as many

members as possible;

NOW THEREFORE, the Board of Directors recommends the following resolutions be approved:

Resolution 1: That the language of Article I, Section 3 of the bylaws concerning annual

meetings of the membership be amended to state:

The annual meeting of the membership shall be held to coincide with all regularly

scheduled concerts of the Fine Arts Department held at the end of the Spring

Semester of each school year at which the members shall elect Directors, and

transact such other business as may be properly brought before the meeting.

Posted notice of the annual meeting, stating the place, date and hour, of such

meeting shall be given to each member not less than ten (10) days prior to the

meeting, unless required by law. Election of Directors may be by written ballot or

voice vote on the presented slate.

Resolution 2: That the language of Article I, Section 6 of the bylaws concerning regular

meetings of the membership be amended to state:

Regular meetings of the membership may be held in conjunction with other

school related events and programs in September, December and such other times

of the school year.

F-2

Resolution 3: That the Resolution 1 and 2 be effective immediately so that the annual meeting

of the membership coincides with the scheduled concerts of the Fine Arts Department in the

Spring 2006.

Resolution 4: Concerning a separate matter, the board recommends ratification of the change in

the bylaws to permit approval by board action between regular meetings of the board of directors

by action by phone, fax or email. The board recommends ratification of the Article II, Section 9

to state:

The President of the Board of Directors or those persons authorized by Article II,

Section 6 of the By-laws of Belle Isle Enterprise Middle School, Inc. may call for

a special meeting of the Board of Directors and take any action otherwise

authorized by the by-laws, Articles of Incorporation, or as required by law, by use

of telephone, email, or facsimile transmissions. Said meeting and all actions

taken shall be conducted in accordance with all other provisions of said bylaws,

Articles of Incorporation, or as required by law. A record of the vote shall be kept

as part of the corporation’s records.

EXHIBIT G

DISTRICT REGULATIONS TO BE WAIVED

G-21 Staff Hiring

Reduction-In-Force

Budget Implementation, Subparagraph C as related to vendors.

Purchasing Authority. Corporation is exempt from the application of this

regulation, provided that it complies with all statutory requirements relating to

purchasing by a school district.

Expense Reimbursement. Corporation is exempt from the application of this

regulation, provided that it complies with all statutory requirements relating to

reimbursing expenses by a school district.

School Activity Fund Management

Facilities Development Goals. Corporation is exempt from the application of this

regulation, provided that it complies with all statutory requirements relation to

construction, renovation and/or repairs by a school district.

Community Use of School Facilities. Corporation seeks a waiver of this regulation

or modification to the extent that it has developed its own policy.

I-03 Curriculum Alignment. Corporation seeks a waiver of this regulation or

modification to the extent that it incorporates Core Knowledge Curriculum as the

school’s curriculum plan while correlating it with the performance objectives of

The P.A.S.S. objectives, Essential Skills, State CRT and State norm-referenced test.

I-18-R3 Grading Practices. Corporation specifically seeks waiver of this regulation as

BIEMS, Inc. has developed its own policies.

I-11 Gifted Student Program

J-34, 35 & 36 Interscholastic Athletics, Co-curricular and Extra Curricular Activities

J-26, 27 Bullying. Corporation seeks a waiver of this regulation or modification to the

extent that its own policy adequately addresses the issue.

I-03 Curriculum Guides and Textbook Adoptions

G-2

Challenged Library Material. Corporation seeks designation of it as the Board’s

representative following the intent of the enterprise contract.

J-47 Student Conduct and Discipline. Corporation seeks a waiver of this regulation or

modification to the extent that its own policy addresses the issue.

J-08 & 09 Student School Assignment and Student Transfer. Corporation seeks specific

exemption from this regulation as the school admissions policy has been previously

approved by the Board.

School Building Administration. The enterprise school contract as it exists is in

effect a waiver of this regulation thus including the BIEMS, Inc. board of directors

in the “site-based management.”

EXHIBIT H

RULES AND STATUTES SOUGHT TO BE DEREGULATED

Any State Department of Education rule or regulation and statute requiring a counselor and/or

librarian for the School or requiring teacher certification for exploratory electives offered by the

School as the School advises.

Belle Isle Enterprise School Contract_ 2013-2014.doc

EXHIBIT I

DESCRIPTION OF FACILITY

The following described real property and improvements, known as Belle Isle School,

including restrictions, easements, and right-of-ways of record in Oklahoma County, Oklahoma:

All of Blocks Two (2), Three (3) and Four (4) in Belle Isle Lake

Addition to Oklahoma City, Oklahoma, according to the recorded plat

thereof.