*Note: the following full-text rendering of the Contract is provided for searchable text and translation purposes – but the formatting is inconsistent with the signed document. Please refer to the above PDF whenever possible.
- ARTICLE ONE: DEFINITIONS
- ARTICLE TWO: PARTIES, AUTHORITY, AND RESPONSIBILITIES
- ARTICLE THREE: GRANTEE AND CHARTER SCHOOL OBLIGATIONS
- ARTICLE FOUR: ADDITIONAL OBLIGATIONS & POWERS OF THE GRANTEE & CHARTER SCHOOL
- ARTICLE FIVE: JOINT RESPONSIBILITIES OF THE PARTIES
- ARTICLE SIX: NOTICES, REPORTS, AND INSPECTIONS
- ARTICLE SEVEN: MISCELLANEOUS PROVISIONS
- ARTICLE EIGHT: PROVISIONS FACILITATING UNIVERSITY RESEARCH
- ARTICLE NINE: REVOCATION OF CONTRACT BY THE DIRECTOR
- ARTICLE TEN: TERMINATION BY THE GRANTEE
- ARTICLE ELEVEN: TECHNICAL PROVISIONS
- APPENDIX A: COMPLIANCE WORKSHEET: REQUIRED DOCUMENTATION AND DUE DATES
- APPENDIX B: SCHOOL OPENING CHECKLIST
- APPENDIX C: FINANCIAL REPORTING REQUIREMENTS
- APPENDIX D: PERFORMANCE FRAMEWORK KEY QUESTIONS AND METRICS
- APPENDIX E: CHARTER SCHOOL DISSOLUTION PLAN
June 1, 2022
This Contract is made by and between the Board of Regents of the University of Wisconsin
System d/b/a the University of Wisconsin System Office of Educational Opportunity, with a
mailing address of 1564 Van Hise Hall, 1220 Linden Drive, Madison, WI 53706, and Milestone
Democratic School, Inc., (“Grantee”), located at 2758 Dairy Dr, Madison, WI 53718.
WHEREAS the State of Wisconsin has created a Charter School program under the
provisions of Wis. Stat. § 118.40;
WHEREAS the University of Wisconsin System established the Office of Educational
Opportunity in accordance with state law to serve as the System’s administrative unit to
implement and fulfill the oversight duties of the provisions of Wis. Stat. § 118.40;
WHEREAS the Office of Educational Opportunity has been organized to cooperate with
students, families, professional educators, and community leaders who are committed to
improving access to high-quality educational opportunities;
WHEREAS the Director of the Office of Educational Opportunity (“OEO”) is authorized
by Wis. Stat. § 118.40(2x)(b) to initiate and enter into a contract with an individual or group to
operate a school as a charter school;
WHEREAS it is the intention of the Director of the Office of Educational Opportunity to
grant charter school authorizations to qualified organizations that can expand quality
educational options to students residing with the State of Wisconsin pursuant to the provisions
of Wis. Stat. § 118.40;
WHEREAS the Parties have successfully negotiated this restated and amended Contract,
which, in accordance with Wis. Stat. § 118.40(2x), contains all of the provisions specified under
Wis. Stat. §§ 118.40(1m)(b)1-15 and (2x), as well as separate and additional provisions; and
WHEREAS in negotiating this restated and amended Contract, the Parties have
considered the principles and standards for quality charter schools established by the National
Association of Charter School Authorizers;
NOW, THEREFORE, the OEO grants its authorization for the Grantee to operate a
Charter School and establishes a charter for the Charter School in consideration of the terms,
covenants, conditions, and obligations set forth in this restated and amended Contract, wherein
the Parties agree to the following:
ARTICLE ONE: DEFINITIONS
Certain Definitions. For purposes of this Contract, and in addition to the terms
defined throughout this Contract, each of the following words or expressions,
whenever initially capitalized, shall have the meaning set forth in this Section:
a. “Administrator” means the Charter School employee responsible for the
supervision and evaluation of Charter School staff in accordance with the
rules issued under Wis. Stat. § 121.02(1)(a)1.
b. “Applicable Law” means all federal, state, and local laws now or in the future
applicable to Wisconsin charter schools.
c. “Charter School” and “School” mean a school to be known as Milestone
Democratic School, located at 2758 Dairy Dr, Madison, WI 53718.
d. “Charter School Executive” means the executive director or head of school of
the Charter School.
e. “Day” shall mean calendar day.
a. The first day shall be the day after the event, such as receipt of a
b. Each day after the first day shall be counted, except that a Saturday,
Sunday, or legal holiday shall not be counted if it would be the final
day of the period.
f. “Department” means the Department of Public Instruction of the State of
g. “Director” means the Director of the Office of Educational Opportunity
appointed to serve under Wis. Stat. § 36.09(2)(c) or any designee of the
h. “District” means the school district in which the Charter School is physically
located or from which the Charter School draws the largest share of its
i. “Governance Board” means the board of directors of the Charter School.
j. “Grantee” means Milestone Democratic School, Inc., a nonstock corporation
duly organized and existing under the laws of the State of Wisconsin to
operate the Charter School.
k. “Instructional Staff” has the meaning given in the rules promulgated by the
Department under Wis. Stat. § 121.02(1)(a)2.
l. “Operation or Management Contract” is a contract that relates to the
creation, implementation, or operation of the academic program,
instruction, supervision, administration, or business services at the Charter
School, if applicable, on behalf of the Grantee.
m. “Office” or “OEO” means the Office of Educational Opportunity at the
University of Wisconsin System, which, for the purposes of this contract, is a
designee of the Board of Regents.
n. “Parties” means the University and the Grantee, through their designated
o. “University” means the Board of Regents of the University of Wisconsin
System, d/b/a the Office and the Director acting as the Board’s
ARTICLE TWO: PARTIES, AUTHORITY, AND RESPONSIBILITIES
Section 2.1 The Parties. The Parties to this Contract are the University and the Grantee.
Section 2.2 The Office. Under the authority of Wis. Stat. § 118.40(2x), the Office hereby
grants to the Grantee a charter to operate a Charter School under the terms and
conditions of this Contract. The Director shall exercise all oversight
responsibilities on behalf of the Office as set forth in this Contract. The Director
may conduct research as set forth in Article Eight and elsewhere in this Contract
or as allowed by Applicable Law.
Section 2.3 The Grantee. The Grantee is responsible and accountable for performing the
duties and responsibilities associated with the Charter School assigned to it
under this Contract. The Governance Board shall be responsible and accountable
for implementing the duties and responsibilities associated with the Charter
School as set forth in this Contract.
Section 2.4 Per Wis. Stat. § 118.40(2x)(b)2., the Parties agree that the establishment of the
Charter School shall have no effect on the liability of the University other than as
to those obligations specifically undertaken by the University herein. The
University shall not be liable to any person not a Party to this Contract because
of the establishment or operation of the Charter School. Further, the University
assumes no obligation with respect to any officer, director, employee, agent,
parent, guardian, student, or independent contractor of the Grantee or the
Charter School, or any other persons receiving services from or doing business
with the Grantee or Charter School.
ARTICLE THREE: GRANTEE AND CHARTER SCHOOL OBLIGATIONS
Terms required under Wis. Stat. §§ 118.40(1m)(b)1.-14.
The name of the entity seeking to establish the Charter School.
The entity seeking to establish the Charter School is Milestone
Democratic School, Inc.
The name of the Charter School Executive and the name of the Charter
School Administrator, if those people are different. Also name the entity
holding the Operation or Management Contract, if applicable.
The name of the Charter School Executive is Sean Anderson.
The name of the Charter School Administrator is Sean Anderson.
In the event there is a material change in the leadership of the Charter
School as described in this subsection, the Grantee agrees to notify the
Office immediately of the change. The Grantee shall provide the Office
with a copy of the vitae of the Charter School Executive and Charter
School Administrator upon hire.
A description of the educational program of the Charter School.
Milestone Democratic School will serve up to 200 students from
grades 6-12. The learning program of Milestone, to the extent
possible, is centered in:
Small-group Advisories: mixed-age groups of 16 to 22
students with one trusted advisor, who work closely every
Personal Learning Plans: each student works with their
advisor every term to develop a plan for meeting
academic, social, and emotional learning competencies
Student-Directed Project-Based Learning: students
propose, develop, and self-assess their learning through
structured and managed projects;
“Leaving to Learn”: all students’ weekly schedules are built
around high-quality mentorships, service learning, and/or
early college experiences; and
Participatory Governance of the School itself as “Action Civics.”
The Charter School shall submit a full curriculum plan by December 15 of
of the calendar year prior to the school’s first academic year. The
curriculum plan shall be subject to the approval of the Office. If the Office
does not notify the Grantee otherwise, the curriculum plan shall be
deemed approved 45 days after submission to the Office.
The Charter School shall adhere to the educational program set forth
herein and shall immediately notify the Director in the event the Charter
School proposes to make a significant change in the educational program.
Upon receiving notice, the Director shall determine whether to
renegotiate or revoke this Contract under Section 9.2. The Director
reserves the right to consider a significant change in the educational
program without the Director’s approval to be a violation of this Contract
subject to revocation under Section 9.2.
The methods the Charter School will use to enable pupils to attain the
educational goals under Wis. Stat. § 118.01, including a description of
how pupils with disabilities will be served in accordance with Applicable
Milestone Democratic School will follow established protocols for
Personalized and Project-Based Learning, as exemplified by EdVisions
schools and others. What follows is a brief description:
During the course of the Planning Year, the Design Team shall develop
and adopt a comprehensive series of Social, Emotional, and Academic
Competencies (including Academic, Vocational, Citizenship, and
Personal Development Skills as indicated by Statute), which the Teacher
Professional Practice/Educators’ Cooperative (TPP/EC) will subsequently
align with Common Core State Standards, Next Generation Science
Standards, and Wisconsin Academic Standards (or others, as applicable),
and develop into a comprehensive scope and sequence for personalized
learning. The Governance Board, per the bylaws of Milestone Democratic
School, shall review the competency design submitted by the Design
Team and the scope and sequence submitted by the TPP/EC to ensure
their compliance with statute, this Contract, and the values of Milestone.
During implementation, in small-group, mixed-age advisories, students
will work closely with one advisor and their families to co-design a
“Personal Learning Plan,” which shall dictate the specific competencies
each student will pursue during a given term, and the learning
opportunities (including student-directed projects, internships, online
and blended learning, and instructional courses and seminars) that the
student will access in order to increase mastery in said competencies.
8A Special Education coordinator will work directly with all advisors to
ensure that students with disabilities incorporate all required elements of
their Individualized Education Program (IEP) into the structure of the
Personal Learning Plan (PLP). The Special Education coordinator shall
present to the Governance Board for approval a clear set of policies and
procedures for accomplishing the effective combination of “IEP” and
“PLP” within all legally-required bounds.
As students move through a term, frequent and regular one-on-one
check-ins with their advisor will focus on formative assessment of
students’ progress towards the goals described in their Personal Learning
Plan. At the end of each term, Advisors will meet for summative
assessment of all work completed, and to evaluate which competencies
have been met with satisfaction.
The method by which pupil progress in attaining the educational goals
under Wis. Stat. § 118.01 will be measured.
The Charter School shall administer the examinations required under
Wis. Stats. §§ 118.30(1r) and 121.02(1)(r), 20 U.S.C. § 1177 et. seq. (also
known as the “Every Student Succeeds Act”), and any other Applicable
Law to pupils enrolled in the Charter School and shall cause the testing
data for the Charter School to be transmitted to the Director in such form
as the Director shall determine.
The Charter School shall administer the Measures of Academic Progress
(“MAP”) testing program developed by the Northwest Evaluation
Association (“NWEA”), or other assessment system approved by the
Office, as annually designated by the Office. The Charter School shall
administer the MAP Reading and Math assessments to students in first
through tenth grades, as applicable, in both the fall and spring. These
assessments are designed to measure student progress and to provide
information that can be used to improve teaching and learning. The
Charter School shall cause such testing data to be transmitted to the
Office in a timely manner.
In addition, the Charter School shall administer the academic
performance measures identified in Appendix D.
The governance structure of the Charter School, including the method to
be followed by the school to ensure parental involvement.
The Charter School will be directed by an independent Governance Board
that, as Grantee, is organized as a Wisconsin nonstock corporation
independent of the authorizer and apply for and maintain IRC § 501(c)(3)
federal tax-exempt status.
The Board will consist of voting Directors and non-voting Directors. The
Board shall consist of between five and nine voting Directors who shall be
elected. The Executive Director shall serve as an ex-officio, non-voting
member of the Board of Directors. Directors shall be sought who bring
different expertise and perspective to the Board, including but not
limited to business, finance, education, legal, community, and parent
No more than a minority of the Governance Board members can be
employees of the Charter School. Directors shall not be employees or
officers of the school district in which the Charter School is located. No
members of the Board may be employees or officers of the UWSA or OEO
to comply with requirements for charter schools receiving federal charter
school program funds.
Governance at Milestone Democratic School takes place in five
A “School Design Team,” selected by weighted sortition at the
beginning of each academic year. This body’s primary duty is to
evaluate the current School Plan and to create a new Iteration of
the School Plan each year (or sooner, if so directed by School
Meeting). All design decisions made by the Design Team shall be
reviewed by the Governance Board for compliance with local,
state, and Federal law, with the master charter contract, and with
the values of Milestone. Any decision found to be out of
compliance with these shall be returned to the Design Team for
revision. The membership of the Design Team shall be:
a. Current Milestone students
b. Family members of current students
c. Staff members
d. Community stakeholders (former design team members,
former students, and their families, community advisors —
people associated with us to educate students +
e. 1 “observer” from the previous Design Team, chosen by
that team via Alternative Vote, this person can participate
in consensus but is optional
A Governance Board, elected by Alternative Vote of a Community
Engagement meeting in December of each academic year, with
10each member serving a one-year term beginning each January.
This body’s primary duties are to raise the profile of Milestone,
raise funds for Milestone, and to oversee the other governance
bodies to ensure that all actions they take are legal, in compliance
with our contract, and in alignment with our values. The
membership of the Governance Board shall consistent of a
a. 2 Staff members
b. 3 Students
c. 2 Community Stakeholders/Members
“School Meeting,” including all enrolled students and employed
staff of Milestone, meeting each week. The primary duties of
School Meeting are to make all week-to-week decisions about
how Milestone operates that are not described in the School Plan,
make necessary adjustments to certain elements of the School
Plan, and to receive report-backs from each Advisory. All
decisions made by the School Meeting shall be reviewed by the
Governance Board for compliance with local, state, and Federal
law, with the Contract, and with the values of Milestone.
“Community Engagement,” a monthly, evening or weekend
meeting to which students, staff, families, and community
stakeholders are invited, facilitated by the Teacher Professional
Practice/Educators’ Cooperative. The primary duties of
Community Engagement are to provide relevant information, and
invite participation in the democratic decision making process
that will ensure the school stays up to date with community
A “Teacher Professional Practice” (or, alternatively, an “Educators’
Cooperative”) made up of all full and part-time staff of Milestone.
The primary duties of the TPP/EC are to put into action the
current iteration of the School Plan, and to make report-backs and
facilitate the operations of School Meeting, Community
Engagement, and the Design Team. All operations decisions made
by the TPP/EC shall be reviewed by the Governance Board for
compliance with local, state, and Federal law, with the master
charter contract, and with the values of Milestone.
The Governance Board will meet on a regularly scheduled basis with a
minimum of 12 meetings per school year. Per Wis. Stat. §
118.40(2x)(b)2.g., parent-teacher conferences shall also be held at least
once per year.
The Governance Board shall have autonomy and decision-making
authority over educational programming, budgeting, staffing, and
11scheduling. In addition, the Governance Board shall have the powers
necessary to carry out the terms of this Contract, including:
To receive and disburse funds for school purposes;
To secure appropriate insurance;
To enter into contracts, including contracts with a University of
Wisconsin institution or college campus, technical college board,
or private college or university, for technical or financial
assistance, academic support, curriculum review, or other
To incur debt in reasonable anticipation of the receipt of funds;
To pledge, assign, or encumber its assets to be used as collateral
for loans or extensions of credit;
To solicit and accept gifts or grants for school purposes;
To acquire real property for its use; and
To sue and be sued in its own name.
In exercising the authority under this Section, the Governance Board shall
adhere to all Applicable Laws.
The Governance Board will also make reports to the Director as
Subject to Applicable Law, the qualifications that must be met by the
individuals to be employed in the Charter School.
All Instructional Staff for whom licensure is required by Wis. Stat. §§
118.19(1) and 121.02(1)(a)(2) shall hold a license or permit to teach
issued by the Department. Notwithstanding the foregoing, however, the
Parties agree that the Charter School is not an instrumentality of the
District and therefore is not subject to the requirements arising in
connection with Wis. Stat. §§ 118.40(7)(a) and 118.40(7)(am).
The procedures that the Charter School will follow to ensure the health
and safety of the pupils.
The Charter School shall comply with all Applicable Law concerning
health and safety that pertain to public school operation. The Charter
School shall establish and maintain at all times policies, procedures, and
processes in accordance with Applicable Law to ensure the physical,
social, and emotional health of the pupils enrolled in programs operated
by the Charter School. The Charter School shall review these policies,
procedures, and processes annually and update them as necessary to
continue to ensure the health and safety of its pupils.The Charter School shall ensure that all School employees receive training
annually on mandatory reporting obligations under Wis. Stat. § 48.981. If
the School requires employees to complete an incident report or in some
other way notify supervisors or administrators when they suspect a
student has been neglected or abused, the training and any written policy
on the subject must be clear that such action does not fulfill their
reporting responsibilities. The School must also provide alternative
reporting channels in the event the misconduct involves someone in the
normal reporting chain, such as an administrator.
The Charter School shall drill all students on evacuation to a safe location
in the event of a fire, tornado, severe weather, armed intruder, or other
The Charter School shall fulfill any other actions as the Office may
reasonably request to ensure the health and safety of its pupils.
The means by which the Charter School will achieve a racial and ethnic
balance among its pupils that is reflective of the District population.
The Charter School is a public school and shall not discriminate because
of sex, race, religion, national origin, ancestry, pregnancy, marital or
parental status, sexual orientation, or physical, mental, emotional or
learning disability. Information on the Charter School will be distributed
through newspaper articles, Charter School mailings, brochures, parent-
teacher conferences, and the School’s web site with a goal of achieving a
racial and ethnic balance among pupils that is reflective of the area’s
school-aged population. If necessary, the Charter School will target its
marketing efforts to areas that may be underrepresented or at risk in the
Charter School’s pupil population.
The requirements for admission to the Charter School.
The Charter School shall be open to all Wisconsin residents. The Charter
School may not administer any test or assessment to students prior to
acceptance and enrollment. The Charter School may not limit enrollment
because of a student’s sex, race, color, religion, national origin, ancestry,
pregnancy, marital or parental status, sexual orientation, or physical,
mental, emotional or learning disability. The Charter School shall not limit
enrollment because of a student’s language spoken, intellectual or
athletic ability, measures of achievement or aptitude.
The Grantee acknowledges and agrees that if the number of enrollment
applications exceeds the Charter School’s enrollment limit, the School
shall select students via a random lottery no later than seventy-five (75)
days prior to the start of each school year. The Charter School must give
preference to pupils and siblings of pupils who are already attending the
Charter School. The Charter School may give preference to children of the
Charter School’s founders, Governance Board members, and full-time
employees, but the total number of such children given preference will
constitute no more than 10 percent of the Charter School’s total
enrollment. The Charter School may maintain a waiting list for students
who are not selected in the random lottery and utilize the waiting list to
fill open seats.
As of the commencement of the first academic year, the Parties project
an approximate enrollment of 50 students. If the School fails to
substantially meet this projection by 60 days prior to the start of the
academic year, as demonstrated through enrollment applications signed
by students’ parents/guardians or other reasonable documentation, the
School’s charter may be subject to revocation at the discretion of the
Director. The Office reserves the right to verify enrollment
The manner in which annual audits of the financial and programmatic
operations of the Charter School will be performed.
The Grantee shall submit annual audited financial statements of the
Charter School’s operations, along with the auditor’s management letters
and any exceptions noted by the auditors, to the Office annually
beginning after the first full school year. In addition, the Grantee shall
submit an audit report utilizing the template provided by the Office in
Appendix C. The audit reports for the prior fiscal year shall be prepared
by a certified public account and submitted to the Office by December 1.
Audits shall be conducted in accordance with generally accepted auditing
principles and with the prevailing Government Auditing Standards issued
by the Comptroller General of the United States. The audit report must
contain a statement as to whether the auditor does or does not have
substantial doubt as to the Charter School’s ability to continue as a going
concern. The Grantee shall provide the Office with the name and contact
information of the certified public accountant who will perform the
School’s audit by no later than September 15 of each year.
In the event that the Grantee contracts with one or more management
companies for the operation or administration of the Charter School, the
reports shall include separate reports of the management companies’
expenditures on behalf of the Charter School.
The Director may review the financial practices of the Charter School at
any time and may request reasonable reports from the School with due
notice. All financial operations of the Charter School must be in
accordance with Applicable Law and the Office’s policies, practices, and
rules, unless expressly waived by the Director.
The procedures for disciplining pupils.
The Charter School shall operate under a student discipline policy that
must include various consequences that students may receive for
designated types of misconduct.
The Charter School shall also have a suspension and expulsion policy
written in accordance with State law. The Charter School shall abide by
the grounds and procedures for suspending and expelling students as
described in the School’s suspension and expulsion policy.
The Charter School must not apply its student discipline and suspension
and expulsion policies in a manner that has the effect of discriminating
against students with disabilities.
According to the “Justice Design” developed by consensus of the Design
Team, before conflict (violations of the values and guidelines adopted by
School Meeting) becomes violence or harm, Restorative Circles led by trained
student circle-keepers and facilitated by trained members of the TPP/EC.
Should the TPP/EC determine that a student is causing sufficient harm to
another student, a group of students, or the school community, the TPP/EC
may decide to remove that student from the school by suspending the
student until such time as effective Restorative Justice and/or Community
Accountability practices can ensure the safety of the school community.
If the TPP/EC determines that attempts at Restorative Justice and/or
Community Accountability have not and are not likely to ensure safety of the
school community, they may recommend to the Governance Board that the
student be removed from the school community through expelling the
student. The Governance Board subsequently shall determine whether
expulsion is warranted. Should a student and/or their family feel that a
determination by the TPP/EC is not just, they may appeal to the Governance
The public school alternatives for pupils who reside in their resident
district and do not wish to attend or are not admitted to the Charter
Under Wis. Stat. § 118.40(6), no pupil may be required to attend a
Charter School. Any pupil who does not choose to enroll in and attend
the Charter School may attend another school in the student’s District.
A description of the School’s facilities and the types and limits of the
liability insurance that the School will carry.
The Charter School will occupy the building at 2758 Dairy Dr, Madison, WI
Any change in location or increase in number of campuses must be
approved in advance by the Director.
The Grantee shall maintain the following insurance coverage with
minimum limits as set forth below:
Commercial General Liability: (which must include coverage for
sexual abuse and molestation, corporal punishment, athletic
events, and use of gymnasium equipment)
Each Occurrence Limit
Damages to Rented Premises
Medical Expense (per person)
Personal & Advertising Injury
Products – Comp/Op Aggregate
Combined Single Limit Minimum Limit
Each Occurrence Limit
General Aggregate Limit Minimum Limit
Worker’s Compensation: Statutory Coverage
$100,000Disease – Each Employee
Disease – Policy Limit
School Leader’s Errors & Omissions/Educator’s Legal Liability:
Each Occurrence Limit
Crime/Employee Dishonesty Coverage: (commercial insurance or
bond covering crime, including employee theft, forgery, larceny,
and embezzlement for School employees, Governance Board
members, and management companies responsible for the
financial decisions of the Charter School)
Limit per Loss
The “Board of Regents of the University of Wisconsin System, its officers,
employees, and agents” shall be named as an additional insured under
the insurance policies described in parts 1-3 above. A certificate of
insurance evidencing the aforementioned insurance requirements is to
be provided to the Office no later than May 31 prior to the Charter
School’s first academic year and each year thereafter by July 1.
Specifically, the certificate holder shall be the Board of Regents of the
University of Wisconsin System, c/o the Office of Educational
Opportunity, 1564 Van Hise Hall, 1220 Linden Drive, Madison, WI 53706.
The Grantee shall immediately notify the Office upon receipt of a notice
of cancelation, nonrenewal, or change in coverage by any of its insurers.
Should the Grantee be unable to obtain any of the aforementioned
coverages, the Grantee may seek a written waiver of the above
provisions from the University’s Risk Manager by directing such a request
to the Office. Under no circumstances is the Board’s right to recovery of
damages limited to the fact that it is named as an additional insured
under the insurance policies noted above.
The Grantee shall require subcontractors of the Charter School to be
insured and provide a certificate of coverage providing evidence of the
insurance policies described in parts 1-3 above. The Grantee or Charter
School shall be named as an additional insured under the subcontractor’s
insurance policies described in parts 1-2 above.
In addition, for subcontractors providing high risk services, including, for
example, air charter, asbestos abatement, building construction and
remodeling, custodial, daycare, elevator maintenance, manual food
service, medical services, recreational services/high risk entertainment,
refuse transportation and disposal, security, and transportation of
people, the Grantee shall confer with its insurance, risk management,
and legal advisors to determine additional coverage types and limits
necessary to protect subcontractor and Grantee from exposures not
covered by the basic insurance requirements noted above.
Subcontractors shall provide a certificate of insurance proving they have
obtained the appropriate insurance coverages and limits.
For purposes of this subparagraph, “subcontractor” is defined as any
third party or entity with which the Grantee contracts for the provision of
goods or services related to the School, and which subcontractor is not
expressly covered by the Grantee’s own liability insurance coverage as
Per Wis. Stat. § 118.40(2x)(b)2., the effect of the establishment of the Charter
School on the liability of the University.
The University shall not be liable to any person not a Party to this Contract
because of the establishment or operation of the Charter School. Further, the
University assumes no obligation with respect to any officer, director, employee,
agent, parent, guardian, student, or independent contractor of the Grantee or
the Charter School, or any other persons receiving services from or doing
business with the Grantee or Charter School.
The Parties agree that nothing in this Contract will create any association,
partnership, or joint venture between the Parties, or any employer-employee
relationship between the University and the Governance Board or the Charter
Per Wis. Stat. § 118.40(2x)(b)2.d., the methodology that will be used by the
School Board to monitor and verify pupil enrollment, credit accrual, and course
The School Developer, the Enrollment Coordinator, and any future
Administrative Assistant, shall ensure that all digital documents pertaining
to applications and enrollment are accessible to all members of the
Governance Board. Enrollment reports generated by any of the above
parties shall be furnished promptly to the Governance Board. The TPP/EC
shall furnish to the Governance Board, at least quarterly, reports of
student progress toward graduation along each student’s respective
Personal Learning Plan.
Section 3.4 Nonsectarian Practices. The Charter School shall be nonsectarian in all its
programs, admissions policies, employment practices and all other operations.
Section 3.5 Tuition. To the extent provided in Wis. Stat. § 118.40 et seq., the Charter School
shall not charge tuition.
Section 3.6 Anti-Discrimination.
(1) No student may be denied admission to, or participation in or the
benefits of, or be discriminated against in any Charter School program,
operation or activity on the basis of race, color, creed, religion, age, sex,
sexual orientation, gender identity or expression, national origin,
ancestry, disability, pregnancy, marital or parental status, or any other
category protected by law, including physical condition or disability.
(2) No employee of the Charter School may be discriminated against on the
basis of race, color, creed, religion, age, sex, sexual orientation, gender
identity or expression, national origin, ancestry, disability, pregnancy,
marital or parental status, genetic information, arrest record, conviction
record, military service, veteran status, use or nonuse of lawful products
off the employer’s premises during nonworking hours, declining to attend
a meeting or participate in any communication about religious matters or
political matters, or any other category protected by law.
ARTICLE FOUR: ADDITIONAL OBLIGATIONS & POWERS OF THE GRANTEE & CHARTER SCHOOL
Compliance with Applicable Law. The Charter School shall comply with all
Applicable Law, which may change from time to time. The Charter School
acknowledges and agrees that Applicable Law specifically includes the following:
Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d-2000d-7;
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq.;
Age Discrimination Act of 1985, 42 U.S.C. § 6101 et seq.;
Section 504 of the Rehabilitation Act of 1974, 29 U.S.C. § 794, and the
Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213;
Individuals with Disabilities Education Act, 20 U.S.C. § 1400-1485 et seq.;
Family Education and Privacy Rights Act, 20 U.S.C. § 1232(g) and Wis.
Stat. §118.125 Pupil Records;
Drug-Free Workplace Act, 41 U.S.C. § 701 et seq.;
Asbestos Hazard Emergency Response Act, 15 U.S.C. §§ 2641-2655;
Every Student Succeeds Act, Pub.L. 114-95;
Wis. Stat. § 48.981 Abused or Neglected Children;
Wis. Stat. § 118.31, which prohibits corporal punishment of pupils;
Wis. Stat. § 118.32, which prohibits a strip search of a pupil;
Wis. Stat. § 118.40 (2x)(b)2. L, which requires that the Charter School’s
curriculum include the instruction required under § 121.02 (1) (L) 8., if
the Charter School operates at grade 5 or above; and
Wis. Stat. § 115.415 Educator Effectiveness.
If the Applicable Law requires the Office to take certain actions or establish
requirements with respect to the Grantee, the Grantee shall cooperate with
those actions and comply with those requirements.
Section 4.2 Non-Profit Status. The Charter School shall be created, maintained, and operated
by the Grantee, a nonstock corporation created under Chapter 181, Wisconsin
Statutes. The Grantee shall provide to the Office documentary evidence that it is
a nonstock organization in good standing under the laws of the State of
Wisconsin, including a copy of its By-Laws, by the date this Contract is executed.
The Grantee shall remain a nonstock corporation under the laws of Wisconsin for
the duration of this Contract and shall, as the Director requests, provide the
Office documentary evidence that confirms its good standing and its nonstock
status by November 1 of each year thereafter. The Grantee will apply for and
maintain tax-exempt status under section 501(c)(3) of the Internal Revenue Code
Section 4.3 Background Screening. The Grantee shall, at its own expense, perform or cause
to be performed background screening through the State of Wisconsin
Department of Justice of all full- and part-time employees, agents, contractors,
20and volunteers engaged at the Charter School as teachers or otherwise having
access to pupils, and shall not assign any employee, agent, contractor, or
volunteer to teach or otherwise to have access to pupils until the Grantee or its
designee investigates and determines that there is nothing in the disclosed
background of the employee, agent, contractor, or volunteer that would render
him/her unfit to teach or otherwise have access to pupils of the Charter School,
including conviction for a criminal offense or pending charges that substantially
relate to the duties and responsibilities assigned to the employee, agent,
contractor, or volunteer. For purposes of this Section, “volunteer” shall mean a
non-paid person who serves at the Charter School and who has significant or
unsupervised access to pupils, but shall not include a parent/guardian whose
significant/unsupervised access is limited to his/her own child/ward. Such
background screening shall be performed within 30 days prior to the first day of
the Charter School’s academic year. In the event an individual commences
employment or volunteering after the screening was performed for a given year,
such screening shall occur prior to such individual beginning employment or
volunteering with the Charter School.
Section 4.4 Employment of Personnel. The Grantee or its agents or designees shall contract
with personnel in accordance with all state law requirements regarding
certification and qualifications of employees of public schools, including Wis.
Stat. § 118.19 and Wis. Stat. § 121.02. The Grantee shall provide to the Office a
copy of all faculty and staff certification reports filed with the Department
showing that such personnel are licensed as required by this Contract or have
applied for licensure from the Department. The Grantee or its designee shall
make available to the Office, upon request, all licenses, certifications, and
employment contracts for personnel engaged at the Charter School.
Section 4.5 Training. Per Wis. Stat. § 118.40(2x)(b)2.j., the Governance Board shall
participate in any training required by the Office.
Section 4.6 Administrative Fee. Per Wis. Stat. § 118.40(2x)(b)2.k., the Grantee shall be
subject to the following terms regarding administrative fee payments.
The Grantee shall pay to the Office annually an administrative fee to
reimburse the Office for the actual direct and indirect costs of
administering this Contract during each period of July 1 to June 30 during
the term of this Contract. Actual costs shall not include research fees. The
administrative fee shall be determined by the Office but shall not exceed
3% of the per pupil amount paid to the Grantee each year by the
Department under Section 5.2 of this Contract, or $75,000 cap on
aggregate administrative fees imposed by Section 4.6(1).
(2) No later than July 1 of each year during the term of this Contract, the
Office shall provide the Grantee with an itemized budget showing the
Office’s best estimate of its proposed total expenditures for
administering the Contract during the upcoming period of July 1 to June
The Grantee shall thereafter pay to the Office the amount of such
proposed total expenditures, doing so in four (4) equal payments, each
due within ten (10) days after the Grantee shall have received from the
Department a quarterly per pupil aid payment payable under Wis. Stat. §
(3) No later than December 15 of each year during the term of this Contract,
the Office shall provide the Grantee with an end of year financial
statement showing the Office’s actual total expenditures for
administering the Contract, as provided in this Section 4.6, during the
period of July 1 to June 30 then just completed. Within ninety (90) days
after the Grantee receives such end of year financial statement, the
Office shall pay to the Grantee, or the Grantee to the Office, as the case
may be, the difference between (i) the amount of the Office’s actual total
expenditures during the period of July 1 to June 30 summarized in such
end of year fiscal statement and (ii) the amount paid by the Grantee with
respect to such period. Any reconciling payments made by Grantee
pursuant to this Section 4.6(3) shall remain subject to the 3% cap on
aggregate administrative fees imposed by Section 4.6(1).
Student Activities and Rental Fees.
(1) The Charter School may assess reasonable pupil fees for activities such as
field trips and extracurricular activities, which fees shall not exceed the
actual cost to provide such activities The Charter School may also assess
reasonable rental fees for the use of such items as towels, gym clothing,
and uniforms, which fees shall not exceed the actual cost to provide such
items. The Charter School may not, however, prohibit an enrolled pupil
from attending the Charter School, or expel or otherwise discipline such a
pupil, or withhold or reduce the pupil’s grades because the pupil has not
paid fees permissibly charged under this Section.
(2) The Charter School may require its pupils to purchase and wear uniforms,
but no Party shall profit from the sale of uniforms to pupils.
Transportation Contracts. The Grantee may enter into contracts with other
school districts or persons, including municipal and county governments, for the
transportation of Charter School students to and from school and for field trips.
Inspection of Charter School Facilities. The Grantee shall permit the Director to
inspect Charter School facilities at any time during the term of this Contract,
provided that such inspection shall not materially interfere with the orderly and
efficient operation of the Charter School.
Section 4.10 Direct Access to Charter School Records. Subject to Applicable Law and pursuant
to Wis. Stat. § 118.40(2x)(b)2.e., the Grantee shall grant the Director upon
reasonable notice the right to reasonably inspect and copy at cost any and all
Charter School records and documents, including pupil records and reports
submitted by the Grantee to the Department, at any time within normal
business hours during the term of this Contract, provided that such inspection
shall not materially interfere with the orderly and efficient operation of the
Charter School or otherwise unduly burden the staff of the School. The Grantee
shall provide the Office with a copy of the reports submitted to the Department
at the time of filing as identified in Appendix A.
The Grantee also agrees to provide the Office with a copy of any Charter School
records and documents within two (2) weeks of any reasonable request. To the
extent that the Charter School provides any Charter School records to the Office
that are protected by privacy or confidentiality laws, the Office agrees to abide
by such laws as are applicable to the Charter School and not to disclose such
records to any third party, except as required by law.
Section 4.11 [Reserved.]
Section 4.12 School Year Calendar. The Grantee shall submit the proposed calendar and
Department’s Days and Hours of Instruction Worksheet for each school year no
later July 1. Schools must annually schedule at least 437 hours of
direct pupil instruction in kindergarten, at least 1,050 hours of direct pupil
instruction in grades 1 through 6, and at least 1,137 hours of direct pupil
instruction in grades 7 through 12. Scheduled hours may include recess and time
for pupil to transfer between classes but shall no include lunch period. The
calendar shall be subject to the approval of the Office. If the Office does not
notify the Grantee otherwise, the calendar shall be deemed approved 30 days
after submission to the Office.
Section 4.13 Grant Applications. The Grantee shall submit to the Office copies of any
applications for grants made on behalf of the Charter School at the time the
application is submitted to the funding authority.
Section 4.14 Authorization for Release of Department Reports. The Grantee hereby
authorizes the Department to disclose or transmit to the Office upon the Office’s
request any information, data, or reports filed by the Grantee with the
Department. Reports submitted by the Grantee to the Department include the
Pupil Membership Audit, the Special Education Plan (Report No. PI-3200), the
Third Friday in September Pupil Count Report (Report No. PI-1567-A), the School
Performance Report, the Fall Staff Report (Report No. PI-1202), the Fall
Enrollment Report (Report No. PI-1290), the Federal Collection: Special
Education Child Count (Report No. PI-2197-A), the Second Friday January Pupil
Count Report (Report No. PI-1567-B), the Course Offerings (Report No. PI-1215),
the End of the Year AODA/Tobacco Report, and the ESEA Consolidated
Application: Title I, Title II, Title III, Title IV, Title V Federal Funds.
Section 4.15 Separate Reporting. Pursuant to Wis. Stat. § 118.40(2x)(2)(b)2.h., if Grantee is
authorized to operate more than one Charter School under this Contract, it shall
direct each Governance Board to provide the Office with separate reports for
each Charter School authorized hereunder.
Section 4.16 Lead Testing.
(1) The Charter School shall undergo lead testing on an annual basis, and the
Grantee shall submit to the Office, Charter School staff, and the parents
of Charter School students, the results of such testing by the February 1
(2) Lead testing may be conducted by a laboratory certified by the Wisconsin
Department of Natural Resources to perform chemical testing of drinking
(3) The annual lead testing results must indicate that no faucet used in food
preparation in the Charter School, nor any drinking fountain in the
Charter School, exceeds the lead levels set forth in the Lead and Copper
Rule issued by the U.S. Environmental Protection Agency (EPA).
(4) Testing protocols must follow the United States Environmental Protection
Agency “3T’s for Reducing Lead in Drinking Water in Schools” guidelines;
however, a 15 ppb (not the 20 ppb that is listed) lead level shall be the
(5) If the Charter School does not meet the required standard, it shall submit
documentation of work performed to rectify the deficiency to (a) the
Office, (b) Charter School staff, and (c) the parents of Charter School
students within 60 days of submission of its test results.
ARTICLE FIVE: JOINT RESPONSIBILITIES OF THE PARTIES
Operation or Management Contracts and Other Subcontracts.
(1) The Director reserves the right to review and approve beforehand any
Operation or Management Contract for operation or management of the
Charter School that the Grantee wishes to itself enter into with any third
party not treated by the Grantee as an employee of the Grantee, that
relates to the creation, implementation, or operation of the academic
program, instruction, supervision, administration, or business services at
the Charter School and that contemplates an aggregate liability of more
than $50,000 per fiscal year.
(2) The Grantee shall submit a copy of any proposed Operation or
Management Contract to the Office for approval prior to entering into
such contract. The Office shall have 30 days after receipt of the contract
to review and notify Grantee in writing of the Office’s approval of the
contract or rejection of the contract with specific objections. The Grantee
may modify a proposed contract in accordance with the Office’s specific
objections and resubmit the contract for the Office’s approval, which
shall not be unreasonably withheld, conditioned, or delayed. If no written
notice is provided within 30 days, the contract shall be deemed approved
and the Grantee may enter into the contract.
(3) Every Operation or Management Contract shall be written and executed
by both the Grantee and the third party, contain the third party’s
covenant to submit to the Office any documentation material to the
Office’s efforts to assist the Director in carrying out its oversight
responsibilities, and provide that the third party shall, subject to
Applicable Law, grant the Director or the Director’s designee and the
Grantee the right to inspect and copy at cost any and all records and
documents directly related to the terms and conditions of this Contract,
including pupil records. In addition, every Operation or Management
Contract with a third-party provider of educational management services
shall specify the nature and methods of compensation for such third-
party provider of educational management services and shall specify the
methods and standards the Grantee shall use to evaluate the
performance of the third party.
(4) Subject to the approvals specifically provided for herein, the Grantee
shall have full autonomy over the Charter School’s educational
programming, policies, operations, budget development, scheduling,
staffing, and other personnel decisions.
25Section 5.2 Payments to Charter School. Upon execution of this Contract, the Director shall
notify the Department in a timely fashion of the Grantee’s eligibility for funds
under Wis. Stat. § 118.40(2x)(e). During the term of this Contract, the Grantee
shall be paid by the Department the amount during each school year as specified
by Wis. Stat. § 118.40(2x)(e) and applicable rules and policies of the Department.
Section 5.3 Performance Evaluation. (Wis. Stat. § 118.40(2x)(b)2.a-b.)
(1) The Office shall evaluate the performance of the Charter School based on
academic, financial, and organizational performance using the indicators
and metrics set out in Appendix D of this contract.
(2) In the event the Charter School fails receives a cumulative score of “Far
Below Standards” in any given year, the following action will be taken:
(a) If such failure has occurred for fewer than three consecutive
years, the school will submit a remediation plan describing the
corrective measures it will take to meet the indicators that
received a score of “Far Below Standards” by July 1 of each year
when required. This remediation plan shall include a detailed
description of the Grantee’s plan to improve the indicators that
were not satisfactorily met.
(b) If such failure has occurred for three consecutive years or more,
the Charter School shall be in default of the Article Nine of the
Contract and subject to revocation of its charter; however lesser
remedial action as may be determined by the OEO at its sole
(3) Substantial fulfillment of the performance indicators set out in Appendix
D shall be the standard for subsequent renewal of Charter School’s
(4) The Office shall evaluate Charter School at least annually consistent with
the indicators and metrics set out in Appendix D.
(5) Pursuant to the Office’s authority under Wis. Stat. § 36.64(4), the
Director may seek input and recommendations from an advisory council
on the Charter School’s annual performance evaluations and renewal
decisions as described in this Section; however, the advisory council’s
recommendations will not bind the Office or Director.
ARTICLE SIX: NOTICES, REPORTS, AND INSPECTIONS
Section 6.1 Notice of Annual Budget. The Grantee shall provide the Office with a copy of the
proposed annual Charter School budget for the upcoming academic year no later
than July 1. If any subsequent revisions are made to the budget that require
Governance Board approval, the revised budget shall be provided to the Office
within 30 days of such approval. During the first year of Charter School
Operation, the Director shall review the annual budget in conjunction with the
Section 6.2 Other Notices.
(1) Notice of Meetings and Minutes. The Charter School shall provide to the
Director notice for and Governance Board agendas in advance of all
meetings and approved minutes upon publication. The Governance
Board shall comply with Wisconsin Open Meetings Law for public entities,
Wis. Stat. § 19.81, et seq.
(2) Governmental Agencies. The Grantee or Charter School shall promptly
notify the Director when the Grantee or Charter School receives any
correspondence from the Department or the United States Department
of Education or other governmental agency that requires a formal
response, except that no notice shall be required of any routine, regular,
or periodic mailings.
(3) Legal Actions. The Charter School shall immediately report in writing to
the Director any material litigation, threatened or filed, or formal court
proceedings alleging violation of any Applicable Law with respect to the
Charter School, its employees, or its students.
(4) Reporting Data. Per Wis. Stat. § 118.40(2x)(b)2.i., the Grantee shall
provide the Office with all information necessary for the Office to
assemble the reports required by Wis. Stat. § 118.40(3m)(f).
Section 6.3 Certain Reports. The Grantee shall provide at its expense such information and
non-periodic reports as the Director may reasonably request to confirm
compliance by the Charter School with the terms and conditions of this Contract.
Section 6.4 Inspections. The Grantee shall work with the Office to allow for at least one
formal visit to the Charter School each year during which the Director or another
Office representative shall inspect Charter School’s operations. The Grantee shall
make reasonable efforts to accommodate any informal visits to the Charter
School that the Office may request.
ARTICLE SEVEN: MISCELLANEOUS PROVISIONS
Section 7.1 Athletic and Other Associations. The Charter School may join any organization,
association, or league as is customary for public schools in the State of Wisconsin
that has as its objective the promotion and regulation of sport and athletic,
oratorical, musical, dramatic, creative arts, or other contests by or between
Section 7.2 Code of Ethics. Each member of the Governance Board and each officer of the
Grantee directly involved in the implementation of the terms and conditions of
this Contract (each a “Board Member”) shall be subject to the following Code of
(1) “Anything of value” means any money or property, favor, service,
payment, advance, forbearance, loan, or promise of future employment,
but does not include compensation paid by the Grantee for the services
of a Board Member, or expenses paid for services as a Board Member, or
hospitality extended for a purpose unrelated to Charter School business.
(2) “Immediate family” means a Board Member’s spouse and any person
who receives, directly or indirectly, more than one half of his or her
support from a Board Member or from whom a Board Member received,
directly or indirectly, more than one half of his or her support.
(3) No Board Member may, in a manner contrary to the interests of the
Charter School, use or attempt to use his/her position or Charter School
property, including property leased by the Charter School, to gain or
attempt to gain anything of substantial value for the private benefit of
the Board Member, his or her immediate family, or any organization with
which the Board Member is associated.
(4) No Board Member may solicit or accept from any person or organization
anything of value pursuant to an express or implied understanding that
his or her conduct of Charter School business would be influenced
(5) No Board Member may intentionally use or disclose confidential
information concerning the Charter School in any way that could result in
the receipt of anything of value for himself or herself, for his or her
immediate family, or for any other person or organization with which the
Board Member is associated.
28(6) If a Board Member, a member of a Board Member’s immediate family, or
any organization with which a Board Member is associated proposes to
enter into any contract (including a contract of employment) or lease
with the Grantee that may within any 12-month period involve payments
of $3,000 or more derived in whole or in part from payments made
pursuant to Wis. Stat. § 118.40(2x)(e), such Board Member shall be
recused from, and shall not participate in, any dealing, discussion, or
other position of approval or influence with respect to the Grantee’s
entering into such contract or lease; provided, however, that such Board
Member may be part of a discussion concerning such proposed contract
or lease for the limited purpose of responding to Governance Board
inquiries concerning such contract or lease.
(7) A Board Member may enter into a contract or lease described in the
immediately preceding Subsection only if the Board Member has made
prior written disclosure of the nature and extent of any relationship
described in that Subsection to the Office.
(8) No Board Member may be an employee of the Grantee. No more than a
minority of the board members can be employees of the charter school
or employees or officers of the school district in which the charter school
is located. §118.40(4)(ag). Under federal rules, charter schools receiving
federal charter school program funds may not have any employees of the
University of Wisconsin System Administration on the Charter School’s
Section 7.3 Use of University Marks. Neither the Grantee, the Charter School, nor any of
their subcontractors may use the name, logo, or other mark designating the
University without the expressed prior written consent of the Office, nor may
the name, logo, or other mark designating the Board without the expressed prior
written consent of the Board of Regents.
Section 7.4 Copies of Certain Documents. The Grantee shall provide to the Office no later
than May 31 prior to the Charter School’s first academic year:
(1) Copies of its lease or deed for the premises in which the Charter School
shall operate; and
(2) Copies of certificates of occupancy and safety that are required by law for
the operation of a public school in the State of Wisconsin.
The Office reserves the right to review and approve the sufficiency of such
documents. The insufficiency of any such document shall constitute an Event of
Default under this Agreement.
Section 7.5 Public Records. The Grantee agrees to manage and oversee the Charter School in
accordance with all applicable federal and state public records laws. For
purposes of this Contract, the Grantee shall be deemed an “authority” as defined
in Wis. Stat. § 19.32(1) and shall be subject to the public records law provisions
of Wis. Stat. Ch. 19, subchapter II.
Section 7.6 Open Meetings. The Grantee agrees to abide by the Wisconsin Open Meetings
law, Wis. Stats. § 19.81, et seq., and specifically agrees that the meetings during
which the following events occur shall be open to the general public:
(1) Submission of annual report to the Governance Board;
(2) Approval of the annual budget of Charter School by the Governance
(3) All school admission lotteries; and
(4) Approval of the annual audit of Charter School by the Governance Board.
The Grantee shall use its good faith efforts to provide reasonable notice of the
meeting during which the above-listed events occur to the parent/guardian of
each student attending the Charter School and shall notify the public in
accordance with Applicable Law.
Additional Schools. Grantee may open one or more additional charter schools if
all charter schools operated by Grantee were designated as attaining the one of
the top two performance categories for three consecutive years on the
accountability reports published under Wis. Stat. § 115.385. If new charter
schools are opened under this provision, the Parties shall enter into a new
contract for each additional school.
ARTICLE EIGHT: PROVISIONS FACILITATING UNIVERSITY RESEARCH
Research. The Parties agree that the University may seek information from the
Grantee and the Charter School for purposes of research. Prior to conducting
such research, the University shall seek the Grantee’s written approval, which
will not be unreasonably withheld. Information relevant to such research shall
include the following:
(1) Surveys. The University may survey individuals and groups (including
parents, students, teachers, board members, others involved in the
governance of the Charter School, and the public) concerning the
performance of the Charter School, provided that such surveying shall
not materially interfere with the orderly and efficient operation of the
Charter School. The University shall bear the cost of developing, printing,
and distributing such surveys. The Grantee agrees to cooperate with the
University’s efforts to conduct such surveys. Employment contracts with
teachers employed at the Charter School shall specify that they shall
cooperate with such surveys.
(2) Parent/Guardian Evaluation Participation. The University may ask the
parent or legal guardian of a pupil enrolled in the Charter School to
participate in an evaluation or research, which may include their
participation in an interview or responding to a questionnaire, about the
performance of the Charter School. The Grantee shall use its best efforts
to encourage the parent or legal guardian to participate in such
evaluation or research process, subject to their consent.
(3) Research Observers. The Grantee agrees to accept on the Charter
School’s premises research observers designated by the University to
serve as observers of the activities of the Charter School, provided that
the activities of such research observers shall not interfere with the
orderly and efficient conduct of education and business at the Charter
ARTICLE NINE: REVOCATION OF CONTRACT BY THE DIRECTOR
Events of Default by Grantee or Charter School. The Director may terminate this
Contract under procedures in Section 9.2 if the Director finds that any of the
following Events of Default have occurred:
(1) The pupils enrolled in the Charter School fail to make sufficient progress
toward attaining the educational goals under Wis. Stat. § 118.01, or fails
to make progress under the Performance Framework as set forth in this
Contract for 3 consecutive years;
(2) The Grantee or Charter School fails to comply with generally accepted
accounting standards of fiscal management or receives a qualified audit
opinion regarding its inability to continue as a going concern and has not
resolved the auditor’s concerns within a reasonable time period, not to
exceed 30 days or such longer period as the Office may allow in its sole
(3) The Grantee’s current liabilities exceed current assets or total liabilities
exceed total assets, or the Grantee has been declared insolvent or
adjudged bankrupt by a court of competent jurisdiction;
(4) The Grantee or Charter School’s directors, officers, employees, or agents
provide the Office with false or intentionally misleading information or
documentation in the performance of this Contract;
(5) The Charter School materially fails to comply with Applicable Law;
(6) The Charter School materially violates Wis. Stat. § 118.40 et seq.;
(7) The Grantee or Charter School materially violates any of the terms,
conditions, promises or representations contained in or incorporated into
(8) The Charter School has enrollment below the projected minimum
established in this Contract or has insufficient enrollment to operate
(9) The Grantee or Charter School fails to submit the documentation
required by this Contract and is therefore unable to commence
operations or fails to commence operation of the Charter School by
September 15 following initial grant of its charter.
Procedures for the Director’s Revocation.
Emergency Termination or Suspension Pending Investigation. If the
Director determines that any Event of Default has occurred that puts the
health or safety of the Charter School’s students at immediate risk, the
Director shall provide the Charter School written notice of such Event(s)
of Default and, upon delivering such notice, may either terminate this
Contract immediately or may exercise superintending control of the
Charter School pending investigation of the pertinent charge.
If the Director elects to exercise superintending control pending
investigation of the pertinent charge, the Director shall give the Charter
School written notice of the investigation, shall commence such
investigation immediately, shall permit the Charter School to address the
pertinent charge, and shall thereafter complete its investigation as
quickly and as reasonably practicable.
Upon completing its investigation, the Director shall promptly deliver to
the School in writing either a notice of immediate termination on the
basis set forth by the charge in the original notice, a notice of an Event of
Default and an opportunity to cure pursuant to this Contract, or a notice
rejecting the pertinent charge and reinstating control of the Charter
School to the Grantee.
Non-Emergency Revocation and Opportunity to Cure. If the Director
determines that any Event of Default has occurred, but that such
occurrence does not put the health or safety of the Charter School’s
students at immediate risk, the Director shall provide the Charter School
written notice of such Event(s) of Default and shall specify a reasonable
period of time of at least 30 Days within which the School shall cure or
otherwise remedy the specified Event(s) of Default to the reasonable
satisfaction of the Director.
If the Grantee or School gives the Director written notice of its intent not
to cure or fails to cure or otherwise remedy the specified Event(s) of
Default to the reasonable satisfaction of the Director, the Director may
terminate this Contract by written notice delivered within 10 days after
the earlier of the receipt of such notice and the expiration of the
If the Director terminates this Contract, termination shall become
effective at the end of the current academic year. If the written notice of
termination under the subsection above is delivered after the close of a
33school year but before the commencement of the next school year,
termination shall become effectively immediately.
General Termination or Nonrenewal Procedures.
(1) Final Accounting. Upon termination or nonrenewal of this Contract, the
Grantee shall assist the Office in conducting a final accounting of the
Charter School by making available to the Office all books and records
that have been reviewed in preparing the Grantee’s annual audits and
statements under this Contract. The Grantee shall also submit a final
audited financial statement of the Charter School’s operation, including
auditor’s management letters and any exceptions noted by the auditors,
which must be received by the Office within 120 days after the end of the
Grantee’s final school year.
(2) Records Retention. Upon termination and nonrenewal of this Contract,
the Grantee shall designate a records custodian who shall be responsible
for maintaining its records in accordance with the law and this Contract.
Following the expiration of any statutory retention period and the
contractual retention requirements as described below, whichever is
longer, the records custodian shall arrange for the destruction of records
in a manner that ensures their confidentiality.
(3) Administrative and Personnel Records. Upon termination and
nonrenewal of this Contract, the records custodian shall maintain a copy
of the School’s administrative records, including personnel records, and
will provide copies of such records to third parties as required by law or
otherwise appropriately requested for a period of not less than six (6)
(4) Student Records. Upon termination and nonrenewal of this Contract, the
Grantee shall provide the Office and the Department with a list of pupil
names and their contact information, along with the name of the school
to which each pupil is transferring, if known. The records custodian shall
transfer a copy of the pupil records, as defined in Wis. Stat. § 118.125, to
the school to which each pupil is transferring. The records custodian shall
also maintain a copy of pupil records in accordance with Wis. Stat. §
(5) Financial Obligations/Asset Distribution. Upon notification of termination
and nonrenewal of this Contract and dissolution of the Charter School,
the Grantee shall designate an independent trustee who will be
responsible for satisfying all outstanding financial liabilities of the Charter
School and properly distributing the School’s assets in compliance with
34the law and this Contract. The trustee shall implement a procedure for
limiting all expenditures to those that are reasonable and necessary for
the ongoing day-to-day operations of the Charter School, such as
preauthorized payroll expenses, utilities, rent, and insurance. The trustee
shall return any unspent federal or state grant money or funds to the
Department. The trustee shall provide the Office and the Department
with an inventory of any property or equipment purchased, in whole or in
part, with state or federal funds. Following any disposition required by
state or federal law, and following the satisfaction of the creditors, the
trustee shall distribute any remaining property and equipment purchased
with state or federal funds to other Charter Schools as directed by the
Dissolution Checklist. In conjunction with the termination/nonrenewal
procedures provided for herein, Grantee shall, upon termination or
nonrenewal of this Contract, complete the Charter School Dissolution
Plan attached hereto as Appendix E and provide such completed plan to
ARTICLE TEN: TERMINATION BY THE GRANTEE
Section 10.1 Grounds for Termination by the Grantee. The Grantee may terminate this
Contract under procedures in Section 10.2 if it finds that any of the following
Events of Default have occurred:
(1) The Grantee has insufficient enrollment to successfully operate or
enrollment substantially below the projected minimum established in this
(2) The Grantee’s Operation or Management Contract with a third-party
provider of educational management services has been terminated and a
reasonable replacement cannot be obtained;
(3) The Charter School has lost its right to occupy all or a substantial part of
its physical plant and cannot occupy another suitable facility, at a cost
deemed reasonable by the Grantee, before the expiration or termination
of its right to occupy its existing physical plant;
(4) The Grantee’s current liabilities exceed current assets or total liabilities
exceed total assets, or the Grantee has been declared insolvent or
adjudged bankrupt by a court of competent jurisdiction;
(5) The Grantee has lost its right to exercise authority granted under this
Contract or under Wisconsin law;
(6) The Director materially violates any of the terms, conditions, promises, or
representations contained in or incorporated into this Contract; or
(7) The Director materially violates Wis. Stat. § 118.40 or other Applicable
Section 10.2 Procedures for Charter School Termination of Contract.
(1) Notice. If the Grantee determines that any Event of Default has occurred,
the Governance Board shall notify the Director of the pertinent Event(s)
of Default. The notice shall be in writing and shall set forth in sufficient
detail the grounds for termination and the proposed effective date of
termination (which date shall, to the extent reasonably practicable, be
the end of the next academic semester scheduled for the Charter School).
(2) Discretionary Termination. Upon receipt of notice of the Events of
Default, the Director may conduct a preliminary review of the alleged
bases for termination to ensure that such bases are bona fide and to
36determine whether the Events of Default may be cured. Such review shall
be completed promptly. Within thirty (30) days after the Director
receives the Governance Board’s notice, the Director shall deliver to the
Governance Board a notice either approving the Governance Board’s
requested termination and the effective date of termination or denying
the same on the grounds that the asserted bases for termination are not
in fact bona fide or on the grounds that the Director intends to cure the
Events of Default.
If the Director does not deliver a written notice to the Governance Board
approving or denying the requested termination within thirty (30) days
after the Director receives the notice, the Governance Board’s notice
shall be deemed an approved basis for termination.
If the Director gives notice of his/her intent to cure the Events of Default,
the Governance Board shall specify a reasonable period (though in no
instance less than 30 days) within which the Director shall cure or
otherwise remedy the specified Events of Default to the reasonable
satisfaction of the Governance Board.
If the Director does not so cure or otherwise remedy the specified Events
of Default to the reasonable satisfaction of the Governance Board, the
Governance Board may terminate this Contract by written notice
delivered within 10 days after expiration of the specified period.
If the Governance Board terminates this Contract, termination shall
become effective at the termination date proposed by the Governance
Section 10.3 General Termination or Nonrenewal Procedures. The General Termination or
Nonrenewal Procedures set forth in Section 9.3 above shall be applicable to a
termination of this Contract under this Article.
ARTICLE ELEVEN: TECHNICAL PROVISIONS
Section 11.1 Term of Contract. The term of this contract shall commence on the date of
execution of this Contract by both Parties and shall govern the Grantee’s
operation of the Charter School for five (5) full school years, from July 1, 2020
until June 30, 2025. While this Contract will be executed and in place on the date
of signing, the school years in which the Charter School will operate are listed
The Contract may be renewed for additional terms. During the last full year of
this Contract, the Office shall conduct a review of the Charter School’s
performance to date in accordance with the performance framework set forth in
this Contract. Upon completion of the review, the Office shall issue a written
report to the Charter School; the results of the review shall serve as the basis for
the Office’s renewal decision.
Section 11.2 Non-agency. It is understood that neither the Grantee nor the Charter School is
an agency of the University or Office.
Section 11.3 Appendices. Any document referred to in this Contract as an Appendix or
appended to this Contract is made a part of this Contract, and the Grantee and
Charter School agree to abide by all the terms and conditions included therein.
Section 11.4 Applications of Statutes. If, after the effective date of this Contract, there is a
change in Applicable Law that alters or amends the responsibilities or obligations
of any of the Parties with respect to this Contract, all Parties are expected to
immediately take steps to ensure compliance with Applicable Law, and this
Contract shall be altered or amended to conform to the change in existing law as
of the effective date of such change.
Section 11.5 Hold Harmless and Indemnification. To the extent allowed by law, the Grantee
shall hold harmless and indemnify the University and Office against any and all
liability, claims, demands, and causes of action (including reasonable attorney
fees) that arise out of, occur in connection with, or are in any way incidental to
the performance or nonperformance of obligations under this Contract by the
Grantee and its contractors, subcontractors, and agents.
Section 11.6 Amendments. This Contract may be amended only upon the written agreement
of the Parties.
Section 11.7 Severability. If any provision of this Contract is held to be invalid or
unenforceable, it shall be ineffective only to the extent of the invalidity, without
affecting or impairing the validity and enforceability of the remainder of the
provision or the remaining provisions of this Contract. If any provision of this
38Contract shall be or become in violation of any federal, state, or local law, such
provision shall be considered null and void, and all other provisions shall remain
in full force and effect.
Section 11.8 Successors and Assigns. The terms and provisions of this Contract are binding
and shall inure to the benefit of the Parties and their respective successors and
Section 11.9 Entire Agreement. This Contract sets forth the entire agreement among the
Parties with respect to the subject matter of this Contract. All prior application
materials, agreements or contracts, representations, statements, negotiations,
understandings, and undertakings are superseded by this Contract.
Section 11.10 Assignment. This Contract is not assignable by either Party without the prior
written consent of the other Party.
Section 11.11 Non-waiver. Except as provided herein, no term or provision of this Contract
shall be deemed waived, and no breach or default shall be deemed excused,
unless such waiver or consent shall be in writing and signed by the Party claimed
to have waived or consented. No consent by any Party to, or waiver of, a breach
or default by the other, whether expressed or implied, shall constitute consent
to, waiver of, or excuse for any different or subsequent breach or default.
Section 11.12 Force Majeure. If any circumstances occur beyond the control of a Party that
delay or render impossible the obligations of such Party, the Party’s obligation to
perform such services shall be postponed for an equivalent period to the delay
or shall be canceled if such performance has been rendered impossible by such
Section 11.12 No Third-Party Rights. This Contract is made for the sole benefit of the Parties.
Except as otherwise expressly provided, nothing in this Contract shall create or
be deemed to create a relationship between the Parties or between any Party
and any third party, including a relationship in the nature of a third-party
beneficiary or fiduciary.
Section 11.13 Governing Law. This Contract shall be governed and controlled by the laws of the
State of Wisconsin.
Section 11.14 Counterparts. This Contract may be executed in counterparts and shall be as
effective as if executed in one document. Electronic signatures shall be as
effective and valid as original signatures. This Contract shall only be valid and
binding upon the signatures of all Parties.
Section 11.15 Notices. Whenever this Contract provides that notice must or may be given to
another Party, or whenever information must or may be provided to another
Party, the Party who must or may give notice or provide information shall fulfill
any such responsibility under this Contract by giving notice or providing
information to the other Party at the following address:
Milestone Democratic School, Inc.
2758 Dairy Drive
Madison, WI 53718
Office of Educational Opportunity
1564 Van Hise Hall
1220 Linden Drive
Madison, WI 53706
Notice hereunder shall be effective if made by hand delivery to the pertinent
Party or by United States mail, postage prepaid, certified with return receipt
requested. Notices shall be effective when actually received by the addressee, if
made by hand delivery, or 2 days after delivering the pertinent notice to the
control of the United States Postal Service, if made by certified mail with return
The undersigned have read, understand, and agree to comply with and be bound
by the terms and conditions set forth in this Contract. In addition, each signatory
below represents that s/he has authority to act on behalf of the respective
represented Party, and understands that the other Party is relying on said
FOR THE GRANTEE: FOR THE OFFICE:
APPENDIX A: COMPLIANCE WORKSHEET: REQUIRED DOCUMENTATION AND DUE DATES
Required Items with Due Dates
The following documents require submission on a required due date.
Proposed School Year Calendar CONTRACTUAL REFERENCE
Days and Hours of Instruction DPI Worksheet Section 4.12
Annual Submission of Certificate of Insurance Section 3.1(14)
August 1 Background Screening Certification Letter Section 4.3
September 15 Name and Contact Information of Certified
Public Accountant Section 3.1(11)
October 1 1st Quarterly Administrative Fee Payment Section 4.6(1), Section
November 1 Evidence of Good Standing Non-Stock Status
(DFI Certificate of Status) Section 4.2
December 1 Audited Financial Statements for Prior School
Year Section 3.1(11)
December 15 2nd Quarterly Administrative Fee Payment February 1 Lead Testing Results Submitted to:
Charter School Staff
The Parents of Charter School Section 4.6(1), Section
March 1 3rd Quarterly Administrative Fee Payment Section 4.6(1), Section
July 1 Proposed Annual Budget for Upcoming
Academic Year Section 6.1
June 15 4th Quarterly Administrative Fee Payment Section 4.6(1), Section
Section 4.12Ongoing Required Items or Notices
The following documents require submission within a certain number of days following board action or other occurrences.
At Time of Filing DOCUMENT/SUBMISSION
Copies of Reports Submitted to the DPI:
Special Education Reports (Report No.
PI-1504 and 1505)
Third Friday in September Pupil Count
Report (Report No. PI-1567-A)
Staff Certification Report
(Report No. PI-1202)
Second Friday January Pupil Count
Report (Report No. PI-1567-B) CONTRACTUAL REFERENCE
At Time of
Submission Copies of Applications for Grants Section 4.13
30 Days Prior to
Execution Copies of Proposed Operation or
Management Contracts over $50,000 Section 4.8, Section
In Advance of All
Meetings Governance Board Meeting Agendas Section 6.2(1)
Publication Governance Board Meeting Minutes Section 6.2(1)
Upon Receipt Pupil Testing Data Section 3.1(5)
Annually Letter Certifying Compliance with Staff
Training on Mandatory Reporter Obligations Section 3.1(8)
Immediately Notification of Change in Charter School
Leadership/Management Organization Section 3.1(2)
Notification of Change in Educational Program Section 3.1(3)
Correspondence Requiring a Formal Response
from DPI or U.S. Department of Education Section 6.2(2)
Notice of Litigation or Formal Legal
Proceedings Section 6.2(3)
Section 3.1(7), Section
4.4, Section 4.10, Section
4.14Notice of Insurance Cancellation, Non-
Renewal, or Change in Coverage
APPENDIX B: SCHOOL OPENING CHECKLIST
The following documents must be provided to the Office by the specified dates in order for the
Charter School to commence operations in its first academic year.
Item To Be Complete/Submitted
No Later Than December 15 of the Calendar Year Prior to the Charter School’s First
Complete School Curriculum Plan
Prior to Contract Execution
Articles of Incorporation Nonstock Corporation Section 3.1(6), Section 4.2
IRC 501(c)3 Tax-Exempt Status Application or
Determination Letter Section 3.1(6), Section 4.2
Bylaws of the Governance Board Section 3.1(6)
No Later than May 31 of the Charter School’s First Academic Year
Building Title, Facility Lease Agreement, or Deed
Received Section 7.4, DPI Assurance
Certificates of Occupancy and Safety Section 7.4, DPI Assurance
Appropriate Financial System in Place and Operational DPI Assurance of
Section 3.1(14), DPI
Assurance of Readiness
Certificate of Insurance Received
Procedure to Ensure Appropriate Number of Staff and
Staff Licensure in Place Section 4.4, DPI
Assurance of Readiness
Admissions Procedures, Enrollment Periods, and
Lottery Procedures Reviewed and Confirmed 3.1(10), 3.4, 3.6, DPI
Assurance of Readiness
complete)Retention and Disciplinary Policies Reviewed and
Confirmed 3.1(12), DPI Assurance of
Food Service Plan in Place DPI Assurance of
DPI Assurance of
DPI Assurance of
DPI Assurance of
DPI Assurance of
Transportation Plan in Place
Plan in Place to Ensure IDEA Compliance
Appropriate Student Information System (SIS) in Place
Student/Parent Handbook, Policies, and Procedures
Ready for Distribution
Governance Board Meeting Set
Communication Plan in Place Between Authorizer and
School Leader in Place
Appropriate Inventory Processes in Place
Closing Policies and Procedures in Place
Plan to Provide School Report Card and List of
Educational Options to Parent/Guardians in Place
Grant Procedures Required under the Federal Uniform
Grant Guidance Documented
Verifying Allowable Costs
Conflict of Interest
Section 3.1(6), DPI
Assurance of Readiness
DPI Assurance of
DPI Assurance of
DPI Assurance of
DPI Assurance of
DPI Assurance of
ESSA LEA Plan Completed
DPI Assurance of
No Later than June 15 of the Charter School’s First Academic Year
Lottery Process Completed
3.1(10), 3.4, 3.6,
No Later than July 1 of the Charter School’s First Academic Year
Budget Review Meeting with Director Completed
APPENDIX C: FINANCIAL REPORTING REQUIREMENTS
The Grantee shall submit audited financial statements of the Charter School’s operation,
including an audited list of the revenues, expenditures, and balances in each of the following
categories and subcategories:
( based on 3rd Friday September count)
State per Pupil Aid
Special Education Aid
Donations from Sponsors
Other Federal Funds
based on 3rd Friday September count)Total Expenditures
based on 3rd Friday September count)
*Report expenditures separately if the School is operated under a Management Contract
Fund Balance or Total Net Assets
Fund Balance or
Total Net Assets
Balance or Total
Changes in fund balance are calculated on an annual and cumulative basis. The difference
between annual revenue and annual expenditures provides the annual change to fund balance.
The sum of each year’s change to fund balance is the cumulative fund balance.
In allocating expenses within the above categories, the Grantee must adhere to the
designations outlined below.
Other Instructional Personnel
Pupil-Use Technology and Software
Non-Employee Instructional Materials
Other Classroom Materials
Non-Instructional Pupil Support
Guidance and Counseling
Library and Media
Student Health and Services
Other Non-Instructional Pupil Support
In-Service Staff Development
Other Teacher Support
Therapists, Psychologists, and Social Workers
Other Program Support
Building Operations, Utilities, and Maintenance
Other Building Management
Capital Projects and Capital Leases
Other Capital Expenses
Executive Director, Principal, and Assistant Principals
Other Administrative Personnel
Other Business Management
Claims and Settlement
Non-Instructional Pupil Services
Other Non-Instructional Services
APPENDIX D: PERFORMANCE FRAMEWORK KEY QUESTIONS AND METRICS
The OEO will provide the Charter School with a copy of the Performance Framework document
upon execution of the Contract.
State Level Accountability
Is the school meeting
according to the statewide
accountability system? Metric
Wisconsin Department of
Public Instruction School
Are students in the school
attending regularly and
routinely? WISEdash Attendance Data
Are students meeting
standards for proficiency as
compared to the district? Wisconsin Forward Exam –
English Language Arts
Student Progress Are students making
expected annual academic
growth? Post-Secondary Readiness Are students meeting
standards for proficiency as
compared to the district?
(high schools only)
Are students successful
completing high school and
attaining the necessary
credits required in order to
graduate? (high schools only) MAP RIT Growth Targets –
MAP RIT Growth Targets –
Wisconsin Forward Exam –
High School Graduation RateFINANCIAL FRAMEWORK
Current Ratio (Assets to
Debt to Asset Ratio
Does the school have
sufficient assets to cover the
current liabilities and meet
its financial obligations over
the next 12 months?
Does the school meet
enrollment projections in
order to fund ongoing
Is the school meeting debt
obligations or loan
Does the school’s assets
exceed the amount of
Audited Statement of
September and January
Audited Financial Statement
Audited Financial Statement
Financial Management and
Board Governance and
Student Admission and
Is the school adhering to and
implementing the education
program as outlined in the
Is the school meeting
financial management and
Is the school complying with
Is the school complying with
Is the school protecting the
rights of students with
Is the school carrying out
admissions policies equitably
Is the school carrying out
discipline policies equitably
Contract Section 3.1(3)
Contract Section 3.1(11)
Contract Section 3.1(6)
Contract Section 4.4, Section
4.10, Section 4.14
Contract Section 3.1(4)
Contract Section 3.1(10)
Contract Section 3.1(12)Staff Credentials and Student
Is the school completing
Contract Section 4.3
required background checks?
Is the school meeting teacher Contract Section 4.3, 3.1(7)
and other staff credentialing
Is the school in compliance
Contract Section 3.1(8)
with applicable law related to
health and safety?
DETERMINING RENEWAL TERMS
In the full Performance Framework, each indicator is assigned a point value, thereby creating a
system in which the cumulative point values over the term of the contract can be calculated in
a manner that is fair, consistent, and equitable across all OEO-authorized schools.
For each year of operation with students, the score from each component of the framework
will be inputted into a table similar to the one shown below based on the point values
consistent throughout this entire document. From there, a simple mathematical formula can
be applied to find the final cumulative score.
20XX – 20XX
20XX – 20XX
20XX – 20XX
20XX – 20XX
20XX – 20XX
E: Exceeds Standards – 4 Points
M: Meets Standards – 3 Points
D: Does Not Meet Standards – 2 Points
F: Far Below Standards – 1 Point
Total Points Over Contract Term ÷ Total Number of Rankings = Final Cumulative Score
The Office of Educational Opportunity recognizes that schools may undergo extenuating
circumstances that may impact the Framework scores. In those instances, it will be the
responsibility of the school throughout the renewal process to explain the reasons for not
meeting the threshold and the specific strategies, which will or are being implemented to
mitigate those challenges in the future. The Director may seek input and recommendations
from the OEO Advisory Council, along with feedback received during a potential site visit, in
making renewal decisions.
The table below details the contract renewal term lengths as determined by the Performance
School receives an average ranking of “Exceeds Standards” or
“Meets Standards” in the Academic, Financial, and Organizational
frameworks over the course of the Contract Term
School receives an average ranking of “Does Not Meet Standards”
in the Academic, Financial, and Organizational frameworks over
the course of the Contract Term
School receives an average ranking of “Far Below Standards” in
the Academic, Financial, and Organizational frameworks over the
course of the Contract Term
Renewal Term Length
APPENDIX E: CHARTER SCHOOL DISSOLUTION PLAN
Name of Charter School: Address:
Last day of school operation: Charter termination date:
Board of Directors President
(Name and Contact information): Board of Directors Vice President (Name and
Student Records Custodian
(Name and Contact information): Personnel Records Custodian
(Name and Contact information):
(Name and Contact information): Independent Auditor
(Name and Contact information):
A: Student Records
Required Task(s): Transfer complete student records (academic, health,
special education, etc.) to the school that each student will transfer to and
to archive student records for the required period of time.
Board of Directors will designate a Student Records Custodian responsible
for maintaining, transferring, and archiving student records in accordance
with state law.
Board of Directors will provide the Office with the name, telephone
number, business address, and email address of the Student Records
Student Records Custodian will provide Office with a list of all students
attending the charter school during the final year of operation. The list will
provide student names, addresses, telephone numbers, and the schools to
which students are transferring.
Student Records Custodian will provide Office with a list of any student
records in the charter school’s possession for students other than those
that attended school during the final year of operation.
of CompletionStudent Records Custodian will develop and implement sign-off procedure
confirming transferal of student records.
Student Records Custodian will transfer student records to the student’s
Student Records Custodian will provide to the Office documentation that
all records were transferred.
Student Records Custodian will develop and implement a methodology to
archive all student records in accordance with the law.
Student Records Custodian will arrange for destruction of student records
at the end of the appropriate retention period. Destruction will occur in a
manner that ensures the privacy of all individuals.
B: Personnel Records
Required Task(s): Devise a plan to retain and maintain staff personnel and
professional certification records for a minimum of six years or as required
by law, whichever time period is longer.
Board of Directors will designate a Personnel Records Custodian
responsible for maintaining, transferring, and archiving personnel records
in accordance with state law.
Board of Directors will provide the Office with the name, telephone
number, business address, and email address of the Personnel Records
Personnel Records Custodian will, upon request, provide letters verifying
charter school employment, etc.
Personnel Records Custodian will maintain all personnel records for a
period of six years or as required by law, whichever time period is longer.
Personnel Records Custodian will arrange for destruction of personnel
records at the end of the appropriate retention period. Destruction will
occur in a manner that ensures the privacy of all individuals. Projected Date
C. Financial and Contractual Obligations
Required Task(s): Board of Directors must devise a plan to maintain and
administer financial, administrative, and contractual obligations.
Board of Directors shall file all final federal, state and local employer
payroll tax returns and issue final W-2s and Form 1099s by the statutory
Board of Directors shall implement a procedure to strictly limit all
expenditures to those that are reasonable and necessary for the ongoing
day-to-day operations of the charter school. These expenditures are
limited to salaries, benefits, utilities, rent, and insurance and must already
be authorized in the budget. Projected Date
55Board of Directors shall appoint an Independent Trustee who will be
responsible for satisfying all outstanding financial liabilities of the Charter
School and properly distributing the School’s assets in compliance with the
Board of Directors will submit to the Office an approved Board resolution
appointing an independent trustee including name and contact
Independent Trustee shall assess and satisfy all outstanding liabilities in
accordance with the law.
Independent Trustee will submit to Office a written report to take into
account the present value of the charter school’s liabilities held by all of its
creditors, including vendors, banking institutions, and health benefits
agencies, and the present value of the charter school’s assets, including
books, supplies, motor vehicles, furnishings, equipment and personal
Submit to Office a monthly updates of accounts payable along with
detailed aging schedule.
Independent Trustee shall, upon the satisfaction of all liabilities, liquidate
all remaining non-monetary school assets.
Required Task(s): Provide proof of proper liquidation of goods acquired
Independent Trustee shall return all unspent federal or state grant moneys
received by the school to the Department of Public Instruction.
Independent Trustee shall submit Final Expenditure Reports for entitlement
The trustee shall provide the Office with an inventory of any property or
equipment purchased, in whole or in part, with state or federal funds.
Following any disposition required by state or federal law, and following
the satisfaction of creditors, the Trustee shall distribute any remaining
property and equipment purchased with state or federal funds to other
OEO-authorized charter schools.
E. Final Audit
Required Task(s): Appoint independent auditor to conduct a final audit
including the following task(s).
Board of Directors will provide Office with approved board resolution
Board of Directors will provide the Office with the audit’s estimated start
of Completionand completion dates and an estimated cost of audit.
Board of Directors will submit to Office a board resolution establishing an
escrow account for funds to pay for the audit and provide evidence that
this account has been established; and funds deposited.
Board of Directors will submit copies of the audit to the Office. Audit must
be submitted prior to any dissolution of the Board.
This signed dissolution plan must be submitted to Office along with an official approved
Board resolution. Please provide a tally of the Board members documenting Board
members present and each board member’s vote.
Board President ______
Vice President ______