MEMORANDUM OF AGREEMENT
BETWEEN NEW HANOVER COUNTY SCHOOLS
AND
THE UNIVERSITY OF NORTH CAROLINA AT WILMINGTON
This Memorandum sets forth the parameters for the creation of the Isaac Bear Early
College High School (hereafter “IBEC”), a small public high school. The mission of this
school is to provide a small, high quality and academically-energizing environment for
New Hanover County students who are motivated to succeed at both the high school and
college levels as well as seeking a more intimate and challenging learning environment.
The parties to this agreement are New Hanover County Schools and the University of
North Carolina at Wilmington (hereafter “UNCW”). The parties intend that the IBEC
will be a distinct entity with its own students and programs. UNCW is a statutorily
created constituent institution of the University of North Carolina System. The IBEC is
neither a department, division nor part of UNCW. The two entities shall maintain their
separate legal identities and programs. The parties intend to align both talent and
resources as appropriate and practicable to promote the IBEC mission.
The following provisions will guide the formation and programmatic implementation of
this new educational entity:
1.
The IBEC will be a public high school under the authority of the New Hanover
County Schools Board of Education (hereafter “Board of Education”). All
federal, state and local laws applicable to public high schools will be applicable to
the IBEC.
2. The Board of Education will appoint and employ a principal, who shall have
executive authority over the high school programs and activities. The principal
will select and supervise qualified and certified teachers to provide the courses for
the high school curriculum and programs. When possible, faculty will be selected
in consultation with the dean of the UNCW Watson School of Education. The
Board of Education is responsible for the compensation of the principal, teachers
and high school staff of the Early College. The individuals occupying these
positions are employees of the New Hanover County Schools, not UNCW or the
UNC System. UNCW will offer and provide, for consideration during annual
reviews, input regarding the job performance of the principal to the appropriate
New Hanover County Schools supervisor related to the managing of the elements
of joint operations. Similarly, the New Hanover County Schools will offer and
provide input in the evaluation of the UNCW IBEC project liaison with regard to
the elements of joint operations.
3. All federal, state, local and Board of Education requirements for public high
schools will be complied with and paid for by the IBEC, including but not limited
to, federal and state laws, curriculum, instructional calendar, transportation,
parking, provision of textbooks and related materials, provision of physical
education, provision of meals, provision of health services, including counseling,
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compliance with all laws and regulations governing the education of students with
disabilities, compliance with federal laws governing privacy of student records,
and compliance with state laws governing the health and safety of minors and
student discipline. In addition, the Board of Education shall pay any applicable
instructional, incidental and other fees charged by UNCW to its regularly enrolled
students, consistent with the “Regulations of the Establishment of an Early
College High School on UNC Campuses,” UNC Policy 400.6.1[R] as originally
adopted and as they may be periodically revised, which are incorporated herein by
reference.
4. The Board of Education and the IBEC shall ensure that all students enrolled in the
IBEC are provided with courses that meet the minimum course requirements for
admission to UNC, provided that upon recommendation of the Board of
Education, these requirements may be waived by the Board of Governors of the
University of North Carolina.
5. The IBEC will enroll a sufficient number of students such that it is a recognized
high school by the North Carolina Department of Public Instruction (hereafter
“DPI”); provided that the head count may be modified by DPI upon
recommendation of the Board of Education but not to exceed 400 students
without the express mutual written consent of all parties to this agreement.
6. The IBEC will operate on property owned by New Hanover County Schools until
such time as suitable property owned, leased, controlled or managed by UNCW is
identified and up-fitted by UNCW. The IBEC will then relocate to the UNCW
identified site. UNCW will provide sufficient classroom and related space for the
high school academic programs as soon as practicable and contingent upon
receipt of funding from the State of North Carolina in an amount not less than
$500,000. Upon finalization of the siting of the facility(ies), any increase in the
requested aggregated square footage must be approved by mutual agreement of
the parties. In the absence of UNCW’s receipt of anticipated state funding, the
parties will meet to re-evaluate alternatives and how to proceed.
7. All UNCW facilities shall remain under the control of UNCW. All students,
faculty and staff of the IBEC must abide by UNCW policies and regulations
relating to their occupancy and use of its campus and facilities, as well as those
restrictions or requirements pursuant to paragraph (11) below.
8. Once located on property owned, leased, controlled or managed by UNCW,
UNCW shall be responsible for the installation of utilities and ongoing facility
maintenance. IBEC shall be responsible for paying the ongoing costs of the
provided utilities. IBEC shall also be responsible for providing and paying for the
ongoing costs of communications connectivity and operations, furnishings,
equipment, instructional supplies and materials, and custodial and trash services
(in addition to costs identified in paragraph (3) above).
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9. The Board of Education agrees to reimburse UNCW for any operational costs not
specified in paragraph (8) above.
10. The Board of Education must pay to UNCW the tuition, educational and
technology fee, book costs and the cost of delivering university level courses to
IBEC students. (Note: “cost of delivery” is the amount derived by running the
college level student credit hours through the enrollment change model.)
11. IBEC students shall have limited and controlled access to the following UNCW
facilities, provided they are monitored and supervised by IBEC staff and/or
faculty: Randall Library, Watson School of Education, Dobo Hall, and other
identified spaces. There will be no access to residence halls, unmonitored internet
access sites, any space where alcohol is available or any other location identified
by UNCW to be unsuitable for high school students or their programs. Monitoring
of the IBEC students’ compliance with access to UNCW facilities and Internet
access shall be the responsibility of the IBEC.
12. The Board of Education and the IBEC administrator(s) shall be responsible for
ensuring compliance with restrictions to Internet access at the IBEC site as
required for public schools in North Carolina.
13. Applicants to the IBEC must complete an application developed by
representatives of the parties. This application must contain security and
background questions utilized by the UNC institutions for all enrolled students.
14. Selection of students for the IBEC must be made by an admissions committee that
includes, but is not limited to, local public school officials, university academic
affairs officials, university student affairs officials and IBEC officials. Selection
must be based on academic credentials, disciplinary records, potential of
successful completion of high school requirements, potential for successful
completion of university course requirements and potential for contribution to the
intellectual and social strength of the college environment, and such other criteria
as established by the committee. The specific role of each entity in the admissions
process will be defined by the committee.
15. UNCW will establish the performance criteria for admission and for transfer
credits for IBEC students to UNCW. Students meeting those criteria will be
assured admission to UNCW and transfer credits to complete the baccalaureate
degree. Once established, the criteria for admission and transfer credits will be
provided to the IBEC.
16. UNCW may provide selected university-level courses for the students enrolled in
the IBEC. These courses will be taught by UNCW faculty. Prior to enrolling in a
university-level course, the students must demonstrate readiness to succeed in
these courses. Representatives of UNCW and the IBEC will confer and agree on
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a standard measure of readiness and performance which must be met by the
students prior to enrollment in a university-level course.
17. IBEC students will be identified and tracked in the UNCW database and will be
placed in a unique category for Early College High School (hereafter “ECHS”)
student as established by the UNC General Administration. These students will
not be classified or counted as regularly enrolled students.
18. UNCW shall provide consultative services and professional development
opportunities to IBEC faculty as time and resources permit.
19. UNCW will provide IBEC faculty and administrator(s) with an array of IT tools
as well as access to UNCW e-mail accounts, file storage, file sharing capabilities
and library resources.
20. UNCW shall deem qualified faculty of the IBEC eligible for salaried and/or
unsalaried faculty adjunct status as benefits the students and programs of the
IBEC and UNCW.
21. All public inquiries regarding admissions, programs or operations of the IBEC
shall be referred to the appropriate New Hanover County Schools administrator
and/or public relations office with timely notification of such inquiries or public
information releases to UNCW.
22. While using UNCW facilities or UNCW property or attending UNCW classes, the
IBEC students, faculty and staff shall comply with all state and local laws,
applicable UNCW regulations and applicable UNCW policies and codes. Failure
to follow these proscriptions will subject the individual to the disciplinary
procedures of UNCW and may result in dismissal from the IBEC. The Board of
Education will adopt any rules necessary to its governance of the school; the
parties expressly agree, however, those rules shall not be inconsistent to those in
force and applicable to the IBEC while at UNCW.
23. Students may be disciplined or dismissed by the IBEC for violation of high school
rules or regulations. UNCW may not reject such disciplinary decisions or
determinations; however, the IBEC or its principal may consult with and seek
advice from pertinent UNCW officials prior to making these decisions. Students
may also be disciplined or dismissed by UNCW from the IBEC for violation of
federal or state laws or UNCW policies and regulations. Neither the principal nor
the Board of Education may reject these disciplinary decisions or determinations,
but UNCW may seek their advice prior to making these decisions.
24. Neither party shall identify the other in any promotional advertising or other
promotional materials to be disseminated to the public or to use the name of either
party’s trademarks, service marks, symbol, nickname or logos of either party,
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without the prior written consent of the other party, except to identify the location
and operations of the high school.
25. The Board of Education (including the IBEC) and UNCW are each responsible
for the negligence or intentional harm caused by its employees; however nothing
in this section shall be construed to waive any defense of sovereign immunity
which might otherwise be available to the Board of Education or UNCW or the
Board of Governors of the University of North Carolina; provided further that
nothing in this section shall be construed to limit the rights of the Attorney
General of North Carolina to bring claims for or to defend claims against UNCW.
26. This Memorandum is effective from August 1, 2006 to July 31, 2008. During this
time, this agreement may be amended or supplemented by mutual written consent
of both the Board of Education and UNCW. The Board of Education and UNCW
reserve the right to terminate this agreement upon service of written notice to the
other party. Notification must allow for the completion of the current academic
year and must provide 180 days notice prior to the termination date. Should this
agreement be terminated it shall have no adverse effect upon the students already
admitted to UNCW. This agreement may be renewed at the end of the term noted
above upon such terms as the parties agree. If the agreement is terminated,
UNCW will be reimbursed for uncompensated expenses incurred in the
establishment or operation of the IBEC.
27. Affirmation of Support
We affirm that we have read and approved this Memorandum of Agreement to
establish the Isaac Bear Early College High School, and we are prepared to
support all assurances and program commitments made in this agreement.
________________________________________
Donald S. Hayes, Chair, Board of Education
New Hanover County Public Schools
__________________
Date
________________________________________
John Morris, Superintendent
New Hanover County Public Schools
__________________
Date
_______________________________________
Charles D. Evans, Chair, Board of Trustees
University of North Carolina at Wilmington
__________________
Date
_______________________________________
Rosemary DePaolo, Chancellor
University of North Carolina at Wilmington
__________________
Date
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