EASTERN
i
-i
MICHIGAN UNIVERSITY
Charter Schools
Charter Amendment Application
Rev, 13"0430
EASTERN
MICHIGAN UNIVERSITY
Charter Schools
Letter from the Director
Subject Amending your academy's charter contract
The Charter Schools Office encourages the Academy Board and adminletration to continue planning and
preparing for future success.. Part of that planning should Involve changes that the Academy may be
·considering for Implementation during this academic year and how thOse changes Impact the.Academy's
current Charter Contract.
As you know, the charter contract Is legally required
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to contain a numbar of components including:
a description of the staff responsibilities (Schedule 5);
the address and a descrlptlon of each site/Facility where the Academy operates (Schedule 6):
the Academy's educational goals and related measures (Schedule 7b);
educational programs (Schedule 7c);
curriculum (Schedule 7d);
methods Of pupil assessment {Schedule 7e);
application and enrollment requirements, including the maximum number of students (Schedule 7f);
and
the grade range of students enrolled at the Academy (Schedule 7h).
A charter contract amendment Is necessary In order to modify or expand any of these areas and should
be reflective of the Academy's program(s) at all times. The Charter Schools Office has developed a
ftexlble process fOr amending the Charter Contract that ensures a proper balance between the need for
Independent development of the Academy and the statutory responslbllltles of the University. Contract
amendments require prior approval by the Chaiter Schools Office, and the Charter Schools Office
requires the Academy to prepare a well-developed plan that supports the expanding initiatives (including
grade or facility changes or expansions) so the Academy will be well-positioned to Implement all changes
In a quality way.
The Charter Schools Office provides significant notification of the contract amendment process in order lo
provide the Academy and the Charter Schools Office· ample time to consider contract amendment
proposals ;md to develop and review the components necessary for amending the Charter Contract. The
Michigan Department of Education (MOE) requires that all contract amendments related to site/facility and
grade level changes be.completed prior to Implementation. The Charter Schools Office's contract
amendment process assists both the Academy and the Charter Schools Office In meeting this statemandated requirement. Any contract amendments for grade and site Changes, If not finalized according
to the MDE's timeline, could affect the Academy's ability to receive state school aid .
.Please contact us at (734) 487-2086 with any questions related to the contract amendment process.
Sincerely,
Malverne C. Winborne, Ph.D.
Director
Eastern Michigan University
Charter Schools Office
Rev. 13-0430
Charter Amendment Application
Letter From the Dlfector
Page 1 of 1
EASTERN
MICHIGAN UNIVERSITY
Charter Schools.
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Process for Amending a Charter Contract
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Step 1: REVIEW THE CiiARTER:
A review of the current Charter Contract will help prc1vide guidance as to what needs to be amended. All
charter contracts are available on the Charter Schools Office's website
http://www.emibh.edu/charter/noflash/sohools/schools.html
Step 2: PASS RESOULTION REQUESTING CHARTER AMENDMENT:
When the Academy Board has determined a need to request a charter contract amendment, It should
record Its intent wllh a resolution outlining Ille desired changes to the charter contract, and designating
Ille person/s being authorized to propose, negotiate and execute the amendment with the authorizer. (see
Attachment A. sample ree;olution)
Step 3: DEVELOP THE PROPOSED AMENDMENT DOCUMENTS:
The Academy's submission will be determined by the proposed ohangs(s) to the current Charlsr Contract
and may Include the following materials, depending on the Academy's request:
• Revised or additional Description of Staff Responsibilities (Contract Schedule 5)
• Revised Educational Service Provider Agreement (Contract Schedule 5)
• SitelFaclllty changes (Contract Schedule 6)
• Revised or additional Educational Prograi11s (Contract Schedule 7c)
• Revised or additional Curriculum (Contract Schedule 7d)
• Revised Methods of Pupil Assessment (Contract Schedule 7e)
• Revised Maximum Enrollment Figure (Contract Schedule 7f)
• Revised Grade Range of Pupils (Contract Schedule 7h)
step 4: SUBMIT THE PROPOSED CHARTER AMENDMENT REQUEST:
The documents required for amending the Charter Contract are outlined In the following pages. Please
mark the entries regarding your submission (as applicable). Academies are encouraged to Include
adpitlonal Information, as a separate attachment, that may help the Charter Schools Office In assessing
Ille proposed change(s).
Complete and submit:
• the Board resolution, Attachment A or comparable resolution;
• the Contract Amendment Notification Form, Attachment B;
• Schedule 1,
o Programmatic Changes Checklist (if applicable;)
o Academy Courses and Curriculum, Attachment C (If applicable;)
• Schedule 2,
o Site & Facilities Changes Checklist (If applicable;)
o and/or ChurchiState Questionnaire, Attachment D (If applicable.)
Please submit one (1) electronic copy of the required documents. to:
Malverne C. Winborne, Ph.D.
Email: charter schools@emlch.edu
The electronic copy must be submitted In Microsoft® Word® or Excel® format to allow for necessary
editing, unless otherwise noted.
Rev. 13-0819
Charter Amendment Application
Procees for Amending a Charter
Page 1of1
EASTERN
MICHIGAN UNIVERSITY
Charter Schools
Schedule 1
PROGRAM.MATIC CHANGES CHECKLIST
Please check all sections proposed for amendment•
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~Charter Contract Schedule 5: Staff Responsibilities
S.The Charter Contract Terms and Conditions provides the Academy Board the flexibility
to employ or contract for personnel. Staffing levels should be sufficient to enable effective
implementation of the Academy's Educational Program. The following items are required to
be Included in proposed changes to existing or newly developed position descriptions:
• Tfile(s) of positlons(s)
• Reporting relationship (the position's supervisor)
• Name of employer (Academy Board or Educational Service Provider)
• Criminal background check requirement
• Qualiflc11tlons, including education level and experience
All proposed new or changed position descriptions have been submitted and
Include all of the attrlbute11 llsted above:
Yes
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No
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Please explain a No answer:
l5iJ If the Academy Board Is considering contracting with an Educational Service Provider
{ESP) (or amending its current ESP Agreement), then the Academy Board is required to
comply with the Charter Schools Office's ESP policies. The current version of these policies
Is located on the Charter Schools Office's website
http://www.emioh.edu/charterfnoflashlloginlindex.html. As a reminder, and for those
academies that have not previously entered into an ESP agreemen~ the Charter Schools
Office's ESP Policies require that any proposed ESP Agreements be submitted to the
Charter Schools Office at least 30-days prior to execution. Specifically, the submission to
the Charter Schools Offlce is required to include the fOllowing:
• Board-reviewed, draft ESP agreement
• A written statement regarding the ESP's experience in providing services
• Draft legal opinion
• ESP Information Sheet
• Pre-approval Board Certification document
• ESP Policies Compliance document
All required documentation In the ESP Polley has been submitted to the CSO:
Yes
Rev. 13-0430
JZ
No
D
Charter Amendment Appllcat1on
Schedule 1: Program matte Changes Checklist
Page 1 of5
Please explain a No answer:
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Following CSO and Board approval of the ESP agreement, the following should be
submitted to the CSO
• Executed ESP agreement
• Post-approval board certification document
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~ If the Academy Board is planning le becoma self-managed or change its management
structure, the Academy should ensure that the Charter Schools Office Is made aware of this
potential change. The Charter Schools Office may require the Academy Board to submit a
transition plan that succinctly and specifically addresses the Academy's capacity to
successfully complete the transition. The transition plan would outline the Academy's vision
including:
• Governance (board functions)
• Human Resources
• Academic Services (program, curriculum, assessment, and school improvement)
• Student services (discipline and campus safety)
• Fiscal Management (financial reporting)
• Facilities Management and Technology
• Marketing and Communications
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Is a transition plan included in the Academy's submission?
Yes
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No
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Plitase explain a No answer: __
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Charier Contract Schedule 7c: Educational Programs
In accordance with applicable law and the Charter Contract Terms and Conditions, including
Article VI, Section 6.3, the Academy shall implement, deliver, and support the educational
programs Identified In Schedule 7c. The Academy shall ensure that the educational
program description is clearly written and outlines the instructional methods being used by
the Academy to Implement its curriculum.
Educational programs are required to Include (please check each item for which a
amendment is being proposed and include appropriate documentation:)
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The Academy's mission statement
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A description of the research base for the educational program, the instructional
strategies, and the methpdology used al the Academy
An explanation of how the educational program fulfills the school's mission, vision and
values
Rev. 13-0430
Charter Amendment Appllcailon
Schedule 1; Programmatic Changes Checklist
Page 2 of5
D A description of how the educational program engages students In learning and
prepares them academically for success In college, work and life
D An explanation of how the educational program assists students in the attainment of the
common core state standards and the Michigan Curriculum Framework Standards
D A description of how the educational program allows for adaptation and modification to
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meet the needs of all learners, e.g. exceptional students, students below grade level,
students who qualify for special education services, and English Language Learners
D A description of the assessments utilized by the Academy, in addition to those required
by the charter contn~ct, to ensure progress is being made toward the educational goal
stated in the charter contract.
D If applicable, a description of how the middle school and/or high school educational
program addresses the skills necessary to prepare students academically for success In
college, work and Ille
D If applicable, a description of the explicit graduation requirements that, at a minimum,
comply with the Michigan High School Graduation Requirements
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http:llwww.michlgan.gov/domnents/mde/FAQ - Entire Document 12.07 217841 ?.pdf
D A statement regarding the. preparation of Educational Development Plans for all middle
school students
D A description of the method of evaluation used to detennine the effectiveness of the
implementation, delivery and support of the educational program
If you have questions regarding the development of the Educational Program, please
contact Roberto Quiroz, Ed.D. at 734-487-2086.
D Charter Contract Schedule 7d:
Curriculum ·
In accordance with applicable law and the Charter Contract Terms and Conditions; including
Article VI, Section 6.4, the Academy shall implement, deliver, and support the curriculum
identified in schedule 7d. The submission is required to include a detailed written curriculum
by grade or level covering each subject/course· to be taught. At a minimum, the subjects to
be taught shall Include English language arts, mathematics, science, social studies and
health as required by law, for kindergarten through grade.eight. High school programs are
required to offer a course of study that meets the Michigan high school graduation
requirements (Michigan Merit Curriculum-MCL 380.127Ba, MCL 380.1278b).
The curriculum is required to explicitly indicate alignment to the Common Core State
Standards, the Michigan Curriculum Framework standards and benchmarks and the Grade
Level Content Expectations (GLCEs) or High School Content Expectations (HSCEs), as
appropriate. If state standards are not available for a given subject, alignment to national or
international standards should be considered and referenced within the document. If
curriculum is web-based, all necessary login and password Information Is required to be
Rev, 13-0430
Charter Amendment Application
Schedule 1: Programmatic Changes Checklist
Page3of5
provided such that a representative of the Charter Schools Office may review the curriculum
in Its entirety.
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Curriculum Submissions for proposed changes are required to (Please check any item
Indicating compliance and/or submission as applicable:)
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Identify the Academy contact that the Charter Schools Office can utilize for all
curriculum-related questions
D· Include a course spreac;lsheat listing all subjects to be offered including non-core
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curriculum such as physical education, technology and art
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Include learner outcomes or performance objectives, recommended instructional
materials/resources, essential vocabulary and assessment activities for each grade and
subject and represent a rigorous learning agenda
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Meet all legal requirements including, but not limited to
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Health education (see PublicAct451of1976 beingMCL380.1169, 380.1502, and
380.1170 of the Revised School Code)
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Sex Education, if it is part of the Academy's curriculum (see Public Act 451 of 1976
being MCL 380.1506 and 380.1507 of the Revised School Code and Public Act 94 of
1979 being MCL 388.1766a of the State School Aid Act)
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Dangerous communicable diseases, including, but not limited to, HIV/AIDS (MCL
380.1169, Revised School Code)
Be submitted as separate files, following a consistent format, clearly identified by
academy name, course title and grade or level
Please explain any proposed change item Not included, Not reviewed for
compliance or Not compliant: __
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Charter Contract Schedule 7e; Methods of Pupil Assessment
In accordance with applicable law and the Charter Contract Terms and Conditions, including
Article VI, Section 6.5, the Academy shall properly administer the academic assessments
identified In schedule 7e. The Academy authorizes the Charter Schools Office to have
access to the Academy's Student/Scho.ol Data Applications through the Charter Schools
Office for Educational Performance and Information and to the electronic reporting system
administered by the MDE to access the Academy's Michigan Educational Assessment
Program, Michigan Merit Exam and other state assessment results, .as applicable. The
Academy Is required to ensure that any persons Involved with the administration Of these
assessments are properly trained and adf\ere to the ethical standards and testing
procedures associated with these assessments. The University provides standard
assessment language for the schedule, therefore, unless the Academy is considering a new
assessment, there is no need to amend this schedule.
D Charter Contract Schedule 7f:
Rev. 13-0430
Maximum Student Enrollment
Charter Amendment Application
Schedule 1: Programmatic Changes Che<kllst
Page 4 of5
The Charter Contract refiects the maximum number of students that may be enrolled at the
Academy. The Academy's total enrollment may not exc$ed this number, and the Academy
must first receive prior approval from the Charter Schools Office before enrolling additional
students in excess of the current contracted maximum enrollment number. If the Academy
is proposing a grade addition which requires an increase in the maximum number of
students, the Academy Board must request the new maximum enrollment number In
addition to the proposed grade level(s). Additionally, the Academy must submit scaled floor
plans (upon request by the Charter·Schoqls Office) In order to determine if the Academy's
facility can adequately accommodate the proposed enrollment Increase. Tha scaled floor
plans m\lst be submitted fn .pdf format. Please do not reduce the size of the document prior
to converting to a .pdf. In addition to being drawn 'to scale', the floor plans must be cleanly
drawn and Include the following:
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Address of building
Layout of each floor, including identification of all rooms
Grades to be served
D Charter Contract Schedule 7h:
Age and Grade Range of Pupils
In accordance with applicable law and the charter contract Terms and Conditions, including
Article VI, Section 6.8, the Academy shall comply with the age or grade ranges as stated in
schedule 7h. The Academy may not enroll students fn grades not authorized in the Charter
Contract. Prior written approval must be received from the Charter Schools Office before
enrolling students In proposed additional grade levels. A contract amendment Is also
required if the Academy Board plans to eliminate grade levels.
D Other Major Programmatic Changes (if applicable)
Please lndl.cate what other types of major programmatic changes are reflected in the
Academy's proposed contract amendment: _ _
Rev. 13-0430
Charter Amendmenl Applicalion
Schedule 1: Programmatic Changes Checklist
Page 6 of 5
EASTERN
MICHIGAN UNIVERSITY
Charter Sc:hoo/s
Schedule 2
SITE & FACILITY CHANGES CHECKLIST
Description of Proposal
Please select the entry (or entries) which best describe the Academy's proposed site or
facility change:
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Expansion of current facility (including new construction or modular units}
Major alteration or renovation of current facility
Site addition (added physical location)
Site change (relocation to a different physical location)
Relocation of grade tevel(s) to an exis!(ng Academy site and/or facility
Elimination of current stte or facility
Other: _ _
Please provide the following Information as It applies to the Academy's proposal:
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Address of proposed facility (if new or additional site):
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Local school district of facility (if new or additional site):
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Intermediate school district of facility (If new or additional site):
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Grades to be served in proposed facility (ii new or reconfiguration at current site):
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If new site, name any non-school buildings on site (if applicable):
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Total square footage of the new or renovated space (also provide square footage of
space to be used if different than total):
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Number of classrooms In the new or renovated space:
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List additional rooms In the new or renovated space (e.g. gym, offices, multipurposes
room, tabs, etc.}:
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Number of restrooms in the new or renovated space:
Rev. 13-0430
Charter Amendment Appllcatlon
Schedule 2' Site & Facility Changes Checklist
Page 1 of5
SUBMISSION REQUIREMENTS:
D Item 1:
Physical Plant Description
In accordance with applicable law and the Charter Contract Terms and Conditions, including
ArticleXI, Section 11.5, the Academy Is authorized to operate at the physical facility or
facilities outlined in schedule 6. If the Academy Board is requesting any site/facility changes
(Including modular units,) then the Academy Board is required to submit the following
materials:
D Sile plan(s) - the site plan must be clearly drawn (as prepared by an architect or building
engineer), scaled (If possible), submitted in a .pdf format and include:
• Cross streets, recreation/playground area(s), and parking lots
• Traffic patterns
-• All school and non-school buildings, including modularfacilitles
• Address of each building
D Scaled floor plan(s)- lhe floor plan must be cleanly-drawn, scaled (as prepared by an
architect or builcUng engineer), and must have been approved by the Bureau of
construction Codes' (BCC) Plan Review Division prior to submission, and Include:
• The address of the building($)
• The layout of each floor (Including identification of rooms)
Floor plan(s) must be submitted electronically in .pdf format and should not be
roduced in size prior to submission; the
Charier Schools Office requires the plan(s) in the original size as prepared by the
arohilec;ffengineer.
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D A copy of the Letter of Plan Approval issued by the BCC, as applicable
D Certificate of Use and Occupancy Issued by the BCC (upon receipt)
D Item 2:
Church/State Questionnaire, Attachment 0
As public charter schools, Ills critical that any facility that is used by the Academy maintains
the appropriate separation of church and state. Therefore, the Charter Schools Office has
developed a questionnaire that is required for any facility that:
• Is affiliated with and/or owned by a church or other religious organization
• Was previously used by a religious entity
Please note that "affiliation" may include a lessor/lessee relationship or other business
relationship.
D Item 3:
Lease Agreement(s)
If the Academy Board plans to enter Into !I new lease (or amend an existing lease), then the
Charter Schools Office requires that all lease agreements be negotiated and submitted to
the Charter Schools Office for review at least 30-days prior to execution. Lease agreements
are required to include:
Rev. 13·0430
Charter Amendment Application
Schedule 2: Site & Faclllty Changes Chei:klist
Page 2 of 5
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Language causing the immediate termination of the lease agreement without penalty to
the Academy Board upon termination of the charter contract
All referenced exhibits or attachments
The facility address(es)
Total square footage
If the Academy is considering subleasing, copies of the lease between the lessor and the
property owner are required to be submitted to the Charter Schools Office.
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4: Financing Agreement(s)
If the Academy Board plans to purchase a facility, any long-term financing closing
documents and (if applicable) long-term Intercept requests and any related documentation
are required to be submitted to the Charter Schools Office for review at least 30-days prior
to closing.
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Item 5: AHERA Management Plan(s)
The Academy is required to submit (electronically, In a .pdf format) an approval letter from
the Michigan Department of Licensing and Regulatory Affairs (DLARA) verifying that the
proposec;I facility has an approved AHERA Management Plan on file with the state.
Please consider the fol/owing Items when undergoing II site or facility expansion or
modification:
BCC (Bureau of Construction Codes) and BFS (Bureau of Fire Seivices) Timeline
Below is a suggested timellne for consideration related to the submission of site/facility
related materials to the state's BCC. This timeline assumes a ground-breaking date of April
30, and an occupancy date of September 4:
February 17
March 16
April 11
July 20
August 3
Site Plan Review: materials submitted to the BCC
Construction Code Reviews: materials submitted to the BCC
Building Permit Application: materials submitted to the BCC
Building Inspections: final inspections should be scheduled
to take place on or before
Certificate of Use and Occupancy requests: materials submitted
to the BCC
In general anything involving a BCC Plan Review takes.a minimum of three weeks.
An additional three weeks should be incorporated into the tlmellne in the event the Academy
is required to resubmit documents, which is a common practice. Also, it is highly
recommended that the Academy include an adequate contingency allowance (two weeks or
more). In all, the Academy should set aside a total of eight weeks for plan review.
Below Is a suggested timeline for consideration related to the submission of site/facility
related materials to the state's BFS. This timeline also assumes a ground-breaking date of
April 30, and an occupancy date of September 4:
February 17
Rev. 13-0430
Fire/Emergency access Site Plan Review material sent to BFS;
Charter Amendment Appllclilion
Schedule 2: Site & Facility Change$ Checklist
Page 3 ol 5
form BFS979S; potential 2-3 week lead time to receive review
comments back.
March 16
Construction documents sent to BFS; Form BFS979; potential 3-4
week lead time to receive review comments back.
March 20
Shop drawings (i.e. fire alarm, sprinkler, etc.) sent to BFS; Form
BFS979; potential 3-4 week lead time to receive comments back.
May1
Architect requests 50% inspection; potential 3-4 week lead time to
schedule inspection.
July 20
Architect requests final inspection; potential 3-4 week lea.d time to
schedule Inspection.
August20
Final approved Fire Marshal report issued by the BFS·to the
architect/owner.
This is a generic timellne with the potential for a lot of moving parts depending on the
specific job. It Is critical that the architect and general contractor ensure that the contractors
. for the fire alarm, sprinkler, etc., submit their shop drawings in a timely matter. With- out
shop drawings, the Inspector is unable to schedule the final Inspection.
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Item 6: Obtaining Written Occupancy Approval
Projects involving the construction, addition, alteration or repair of any school building,
including modular units, must be submitted to the BCC and BFS for required plan reviews,
permits, and on-site inspecliolis. BCC Applications and other forms are available online
(http://www.michigan.gov/lara/D.4601 ,7-154-35299 10575---,00.html). BFS Applications
and other forms are available online (http://www.michlgan.gov/lara/0.4601 ,7-15435299 42271---,00.hfml.)
Please note that a "verbal" approval is not recognized by the BCC, BFS or the Charter
Schools Office and should not be considered valid by the Academy. The Charter Schools
Office encourages the Academy to work closeiy with the BCC and BFS to help ensure
written approval prior to occupancy of any proposed facility (including modular units) or naw
construction.
D The Academy must submit a copy of the written approval prior to occupancy.
If
the Academy utilizes a facility without first obtaining written approval and submitting a
copy to the Charter School$ Office, the Academy will be required to remove students
from the unapproved space. It is crttically Important that the Academy's planning and
construction timeline allow for sufficient time (ancl delays) surrounding Inspections by the
BCC and the BFS.
Questions regarding current legislation, school construction, or requirements under the
State Construction Code for school<projects should be directed to the BCC at (517) 2419302 and the BFS at (517) 241-6847.
D Item 7:
Rev. 13-0430
Health Approval
Charter Amendment Application
Schedule 2: Site & Facility Changes Checklist
Page 4 of 6
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If the Academy's project involves new construction or a major renovation, the proposed
facility may require Inspection by the health department. However, if the Academy is
proposing to operate in an existing school building, the requisite health approvals may
already exist.
D The Academy is required to submit Health Department documentation to the Charter
Schools Office (when applicable).
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Item 8: Notification to Insurance Cartier
D The Academy is required to obtain and submit a statement from the Academy's
insurance carrier indicating that the carrier has been advised of the proposed site/facility
.
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Item 9: Budget
The Academy Board's budget must adequately reflect the financial Impact of any proposed
site/facility change. An analysis will be completed by the Charter Schools Office through the
review of the Board-approved original budget submitted to the Charter Schools Offlee In
accordance with the Master Calendar of Reporting Requirements. If you have questions
regarding the bl.idge~ please contact Mil<& ·collett, the CSO Finance Officer at (734) 4872487.
D Item 10:
Competitive Bidding
The Academy is required to and will comply with Public Act 451 of 1976 being MCL
380.1267 of the Revised School Code when altering, renovating or building a new facility.
http://www. lectislature.mi. gov//Slt44bfsacwn4ry0rarvpeabm4))/1'11ileg. aspx?page=getObject&
objectName=mcl-380-1267
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Item 11: Management Plans
The Academy Is required to have a school safely plan, an approved asbestos management
plan, and an integrated past management plan in place for each facility It occupies. As
facility changes take place, it is critically important to ensure Iha! the required management
plans are prepared or updated as necessary, and approved as applicable. In addition, we
encourage the Academy to share the building floor plans with local law enforcement
agencies as part of your school safety plan.
Rev. 13-0430
Charter Amendment Application
Schedule 2: Site & Facfiity Changes Checklist
Page 5 of 5
EASTERN
MICHIGAN UNIVERSITY
Charter Sc:hoo/s
Attachment A
Resolution of the Board of Directors
Resolution requesting a Contract Amendment
WHEREAS, pursuant to Article IX of the Contract between Eastern Michigan University and
the [Type Academy Name] Board which provides for amendments to the Contract; and
WHEREAS, Section 9.1 Amendment.s provides that the University Board and the Academy
acknowledge that the operation and administration of a public school academy and the
improvement of educational outcomes over time will require appropriate amendment of this
contract; and
WHEREAS, Section 9.2 Process for Amendment Initiated by the Academy provides that the
Academy, by the majority vote of its Board of Directors may propose specific changes in the
Contract or may propose a meeting to discuss potential revision of this Contract. The proposal
will be made to the University Board through its designee; and
WHEREAS, Pursuant to Section 9.4 Final Approval of Amendments, amendments to the
Contract take effect only after they have been approved by the Academy Board and the
University Board or its designee; and
WHEREAS, this Board, by majority vote, has determined that the Academy; beginning with the
!Type Academic Year: yvvy • vvw]academic year: [Type desired purpose of amendment]
THEREFORE, BE IT RESOLVED that the Academy Board declares that, pending approval
of Eastern Michigan University Board of Regents or its designee, the Contract should be.
amended as necessary.
BE IT FURTHER RESOLVED that ITVpePerson/s] is authorized to propose and/or negotiate
the Contract Amendment, and Academy Board Member [voe Person/sl is authOrized to
execute a Contract Amendment effectuating the purposes set forth in the resolutlo11 on behalf of
the Public School Academy Board.
Pate: !Tvoe Date]
Board PresldenWice President Signature
Secretary's Certification:
I certify that the foregoing resolution was duly adopted by the Academy Board of Directors of
[Type Academy Name] at a properly noticed open meeting held on the ITvpe Day dale] day of
[Tvpe Month]. !Tvpe Year!. at which a quorum was present.
Board Secretary Signature
Rev. 13-0430
Charter Amendment Application
Resolution ofthe Board of.Directors
Page 1of1
EASTERN
MICHIGAN UNIVERSITY
Charter Schools
Attachment B
CONTRACT AMENDMENT NOTIFICATION FORM
Plaase provide the information requested below to the Charter Schools Office (CSO), and Include all
appropriate supporting documentation:
Name of Academy:
Ar'-'=Q e cv;~
I PAtrt<e ve.:;)d:l.1.. Title: --130-,7.!2
(-\:qo.>
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AcademyBoardDesignee:
Deslgnee's Organization:
Work Number:
Fax Number:
Cell Number:
Email:
Je.c, 0\.e sea
0.J ().. M.f"r--\ \::-L~\., ,
fr'<)l'a,,.,.;t:
'd l( R- '7 If I - 7O Y 9
o .::..:...t
Please select the appropriate box(es:)
Contract Amendment Requested (check an thatappiyJ
t2(contr~ Schedule 5:
,KI
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0
0
0
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Description of Staff ResP,onslbllliies
Position Descrlptlbn(s)
~Educational Service Provider Agreement
Contract Schedule 6: Physical Plant .
Physical Plant Description
Facility Lease(s)
D
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0
0
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Site Plan(s)
Scaled Floor Plan(s)
Facility Financing Agreement(s)
Contract Schedule 7c: Educational Programs
Conuact Schedule 7cl: Curriculum
Contract Schedule 7e: Methods of Pupil Assessment
Contract Schedule 7f: Appllcatlon and Enrollment of Students
Matriculation Agreement(s)
Max Enrollment Increase
0
0
Contract Schedule 7h: Age or Grade Range of Pupils
Add grade(s)
Remove grade(s)
0
0
Certification:
I hereby certify the Information Included In this checklist Is complete and accurate to the best of my knowledge
and acknowledge the Academy Board's obligation to promptly inform the CSO of any material changes .
Signature of Board President or Design a
oat<r
/
Submission:
Please submit the completed form to the Charter Schools Office, Malverne Winborne, Ph.D., Director, 31 OPorter
Building, Eastern Michigan University, Ypsilanti, Ml 48197 or email: charter schools@emich.edu.
Rev, 13·0430
Charter Amendment AppllcatJon
Contract Amendment Notification Form
Page 1 of 1
EASTERN
MICHIGAN UNIVERSITY
Charter Schools
Attachment C
Academy COUl'$$S and Curriculum
Academv
Curriculum Contact
Title
Email
Phone.
Elementary Courses:
Indicate all subjects/courses that will be offered, changing the course title to reflect the Academy courses.
Mark with an "X" the grade or level the course will be offered. A written curriculum must be submitted for each
course that is offered at the Academy.
English Language Arts
Mathematics
Scl!mce
Social Studies
Health
Physical Education
Music
Art
Technology
D
D
D
-uD
D
D
D
D
D
D
D
D
Rev. 13-0430
D D
D
D D
D D D
D D D D D
D D
D D D
-o·-o·-uD
-u LJ
D
D D D
D D D IT CJ
D D
D
D D
D D
D D
D D
D
-o-
D D D
Charter Amendment Application
Academy Courses and Curriculum
Page 1 of2
. ) High School Courses
Indicate all subjects/courses that will be offered including the grade offered. A written curriculum must be
submitted for each course that is offered at the Academy.
·English
World Language
Mathematics
Visual, Performing & Applied Arts
Science
Other
Social Studies
Physical Education & Health
1----------------.,.,----~-~-1
'If students are not required to take a course at a specific grade level, indicate by using the word "any."
..Virtual Courses are any courses that are delivered using a web-based provider. List the course titles
(attach additional pages as necessary); provide a password and login for verification.
•••off-Campus Courses: List the titles of all off-campus offerings (attach additional pages as necessary);
submit a course description document with the curriculum submission.
Rav. 13-0430
Charter Amendment Applloatlon
Academy Courstas and Curriculum
Page2 of2
EASTERN
MICHIGAN UNIVERSITY
Charter Schools
Attachment D
CHURCH/STATE QUESTIONNAIRE
Questionnaire regarding public school academy's lease or contract arrangement with church or other
religious organization.
-,
Name of Public School
Academv:
Address of School Buildino:
Name of Lessor:
I
I
I
Please answer the following questions using as much detail as possible. If the question Is not applicable,
please Indicate In your responee the reaeon thatthe question does not apply.
1. Is there a church connected to the school building?
2. What proportion of the members of the Academy's Board of Directors are also officers,
board members or employees of the non-public school? Also, what proportion of the
Academy Board of Directors are members of the church?
3. Will there be any shared time programs with the Church?
4. If the church is connected to the school building, does the school building have a separate
entrance from the church entrance? Is the separate entrance clearly marked and Identified?
5. Will there be any.religious symbols, pictures or statues In the school building? Will there be
any religious symbols, pictures or statues in the classrooms and common areas used by
Academy students?
6. Does the church conduct any programs in the building durin.9 school hours? If so, will the
church programs and the scnool share common areas in the building or at the building site
(e.g., bathrooms, teacher's lounge, playground or lunchroom?)
7. Does the school have its own signage separate from the church signage to indicate that it is
not organized by or affiliated with the church?
·
8. Do the church and the school plan to share employees, textbooks or services (e.g.,
transportation, food service?)
9. Is the school parking lot separate from the church pi;irking lot?
10. Is the Academy being operated or organized by the church or any other religious
organization? Will the Academy have any organizational ties or affiliations With the church
that would be prohibited by state and federal constitutional laws?
11. Will there be any other tenants occupying the school building? If so, please list those
additional tenants by name (Including church personnel.)
12. Are there any provisions in the proposed lease agreement. requiring the Academy to teach
or promote religion?
Rev. 13-0430
Charter Amendment Application
Church/State Questionnaire
Page 1 of 2
,,
13. Please describe how the Academy board will notify the general public that the Academy Is a
public school and that it rs hot operated by or affiliated with the church.
14. Please describe how the Academy will advertise that it is enrolling students and the
procedures for applying for enrollment.
15. ls the agreed rental rate similar to the rate that Is being charged for structures of similar size
and In the same general location?
-,
16. Did the Academy engage In a legitimate search for other potential sites?
17. Is the Church building used for any other public functions?
18, Does the lease contain any restrictions on the school's curriculum or activities?
The following question• apply only to applicants/academies requesting to umlze a non-public school
building operating during the past 12monthS.
19. Does the governing body of the non-public school plan to dissolve or discontinue the nonpublic school? If so, please disclose whether the non-public school has outstanding debts
and how those outstanding debts will be retired.
20. How many students currently or formerly enrolled at the non-public school have applied to
enroll in the Academy? How many currently or formerly enrolled non-public school students
does the Academy anticipate will apply for Academy enrollment?
21. How many teachers formerly employed by the non-public school or church will become or
are now employees of the Academy or an educational service provider that will contract or
currently contracts with the Academy?
22, Please disclose the reasons for converting the existing non-public school into a public
school academy. Please provide a QOPY of the resolution. or other written approval from the
governing body of the non-public school approving of the conversion to a public school
academy.
These responses were prepared by: _ _
Date:_
Rev. 13-0430
Charter Amendment Application
Church/State Questionnaire
Page 2 of2
EASTERN
MICHIGAN UNIVERSITY
Charter Schools
Exhibit E
Educational Service Provider Policies post-Approval Certification
We certify by our signatures below, each Board Member was given the opportunity to
review the proposed ESP agreement with the Academy's legal counsel.
We certify that, to the best of our knowledge, the Academy Board budgeted adequate
resources for negotiating the ESP Agreement, and performing the Academy Board's
responsibilities under the ESP Agreement and the Charter Contract. The Academy
Board recognizes it is responsible for determining the budget reserve included in the
Academy's budget, and for oversight of the ESP Agreement.
We certify that, in the event the Academy intends to enter into a lease, execute
promissory notes or other negotiable instruments, or enter into a lease-purchase
agreement or other financing relationships with the ESP, then such agreements shall be
separately documented and are not a part of or incorporated into the ESP Agreement.
We certify the Academy Board approved the final ESP Agreement with a formal vote at a
public meeting at which the public was given opportunity for comment on the proposed
Agreement.
We certify that the ESP Agreement is an arms-length, negotiated agreement between the
Academy Board and the ESP.
Academy Board Members:
Printed Name:
.l?dillt y t:\<}JE"o' LSe: <?_ll.£\1\fl-V
'--'Atj~f/"--'-l&_,__,1 ·_,_f'C_Lo1+--k-- --rrea.-s' vriv
H_.__·
Rev. 13-1007
Educational Service Provider Policies post-Approval Certification
ESP Policies Exhibit E
Page 1 of 1
CONTRACT AMENDMENT NO._,_
HOPE ACADEMY
In accordance with Article IX of the Terms and Conditions of the Contract ("Contract"), dated
July 1, 2013 between EASTERN MICHIGAN UNIVERSITY BOARD OF REGENTS
("University Board") and HOPE ACADEMY (the "Academy"), the parties agree to amend the
Contract by replacing the applicable Educational Service Provider Agreement.
Therefore, Schedule 5 of the Contract ("Description of Staff Responsibilities") is amended to
replace the Educational Service Provider Agreement with the attached Educational Service
Provider Agreement dated March 25, 2014 between Hope Academy and BDFI Educational
Services, L3C ("BES").
All Amendment documents are attached to this Amendment.
This Amendment shall take immediate effect.
This Amendment is hereby approved by the University Board and the Academy through their
authorized designees.
Dated:
me Winborne, ir or
B .
University Charter Schools Office
Designee of the University Board
Dated:
By: Academy Board Presient
Designee of the Academy Board
200414159.1219051093461
EDUCATIONAl, SERVICE PROVIDER AGREEMENT
This Educational Service Provider Agreement ("Amended Agreement") is made and
entered into as of the j ${ day of
2014, by and between BFDI Educational
Services, L3C, (hereafter referred to as "BE!l"), a low profit limited liability company and Hope
Academy (the "Academy" or "Academy Board"), a Michigan public school academy formed
under Part 6A of the Revised School Code (the "Code"), as amended. This Agreement shall
replace and supersede the Educational Service Provider Agreement between the Academy and
BES dated July 1, 2012.
B:o&..J__,
WHEREAS, the Academy, also known as the "Hope Academy District" is a public
school academy, organized tmder the Revised School Code (the "Code"). !he Academy has
been issued a Charter Contract from the Board of Regents of Eastern Michigan University
("Authorizer") to organize and operate a public school academ.y (the "Contract"). The Code
permits a public school academy to contract with persons and entities for the operation and
management of the public school academy.
WHEREAS, the Academy is housed in a facility located at 12121 Broadstreet, Detroit,
Ml 48204, with District Code Number 82942. The Academy currently operates grades K-8.
WHEREAS, BES is organized for charitable and educational purposes as described in
Section 50l(c)(3) of the Internal Revenue Code, to significantly further the charitable purposes
of supporting and promoting education.
WHEREAS, the Academy seeks to continue to engage BES to provide the Services
enumerated in Exhibit A (the "Services") and to employ and provide all staff to the Academy as
of the effective date of this Agreement.
THEREFORE, for good and valuable consideration, including the mutual promises and
benefits contained in this Agreement, the receipt and sufficiency of which are hereby
acknowledged by the Parties, the Parties mutually agree as follows:
ARTICLE I
TERM
A.
Term. This Agreement shall be effective on the date first written above and shall
continue through June 30, 2016. ("Tenn"). At the end of the Tenn.of this Agreement (June 30,
2016), this Agreement shall automatically renew on a month-to-month basis unless tenninated,
pursuant to sixty (60) days written notice, by either party. The maximum tenn of this
Agreement shall not exceed the length of the Charter Contract. The parties acknowledge that the
Authorizer is required, pursuant to the Contract and applicable law, to review and approve this
Agreement before it becomes effective.
20029404 L l 2 l9051l 49806
ARTICLE II
CONTRACTUAL RELATIONSHIP
A.
Engagement of BES. The Academy represents and warrants that it is authorized by law
to contract with a private entity to provide educational, management and operational services to
the Academy. The Academy agrees to continue to contract with BES, to the extent permitted by
law, to provide the Services set forth in Exhibit A to this Agreement. In addition to the Services
set forth in Exhibit A, BES shall provide all instructional and non-instructional staff to the
Academy. Staff provided by BES to the Academy shall be employed and directed by BES or
BFDI, and shall be referred to herein as BES "Assigned Personnel." (Copies of BES Job
Descriptions are submitted herwith as Exhibit B).
B.
Compliance with Academy's Charter Contract. BES agrees to perform its duties and
responsibilities under this Agreement in a manner that is consistent with the Academy's
obligations under the Academy's Chatter Contract issued by the Eastern Michigan University
Board of Regents. The provisions of the Academy's Contract shall supersede any competing or
conflicting provisions contained in this Agreement. This Agreement shall not be construed to
interfere with the constitutional, statutory, or fiduciary duties and responsibilities of the
Academy Board. No provision of this Agreement shall prohibit the Academy Board from acting
as an independent, self-governing public body, or allow the decisions to be made other than in
compliance with the Open Meetings Act.
C.
Status of the Parties. BES is a Michigan low profit limited liability company, and is not
a division or a part of the Academy. The Academy is a body corporate and governmental entity
authorized.by the Code, and is not a division or part of BES. The relationship between BES and
the Academy is based solely on the terms of this Amended Agreement. No provision of this
Agreement shall interfere with the Academy Board's .obligations under the Contract and
applicable law. The Academy's duties under the Coniract shall not be limited or rendered
impossible by any action or inaction of BES.
D.
Independent Contractor Status. The parties intend that the relationship between BES
and the Academy shall be that of independent contracting parties. BES shall at no time represent
itself to be an employee, servant or agent of the Academy. Staff provided to the Academy by
BES shall be and remain employees of BES during the term of this Agreement and shall be
directly accountable to BES, through its agent, the School Leader. The School Leader (Principal
or Superintendent as designated by BES) shall be directly responsible for the day to day
management of the BES Assigned Personnel pursuant to this Agreement. Persons provided to
the Academy by BES shall not be considered employees of the Academy for any purpose.
Consistent with the status of an independent contractor, BES shall be self-directed in its activities
and shall determine its own methods and manner for performing the services to be performed
under this Agreement, within the requirements of the Academy's Contract, applicable law and
the overall policies and budgets established by the Academy, as the same may be amended by
the Academy from time to time. As the sole employer of the Assigned Personnel, BES shall be
responsible for hiring, firing, disciplining, evaluating and managing the Assigned Personnel.
Notwithstanding the foregoing, BES and its Assigned Personnel shall be considered agents of
the Academy Board solely for the limited purposes of compliance with the Federal Family
2
20029404 Lt 21905/149806
Educational Rights and Privacy Act, ("FERP A"), as amended, and its implementing regulations,
20 U.S.C. section 1232g et.seq; 34 CRF 99Jl(a)(l)(i)(B), such that they are entitled to access
educational records.
BES will be solely responsible for its acts and the acts of its agents, employees, and
subcontractors. No provision of this Agreement shall restrict the Academy Board from waiving
its governmental immunity or require the Academy Board to assert, waive or not waive its
governmental immunity.
Other Activities. BES shall remain free to engage in other independent contracting
E.
activities, provided, however, that BES shall at all times remain available to perform its services
under this Agreement in a first-class manner and shall refrain from engaging in any activities
which it lmows or reasonably should lmow are inconsistent with, interfere with, or are in conflict
with any of the teims of this Agreement, the Contract, or the business or operational interests of
the Academy.
ARTICLE III
OBLIGATIONS OF BES
A.
Educational and Administrative Services.
BES shall be responsible for full
implementation of the Services set forth in Exhibit A attached hereto, and to supply the Assigned
Personnel, includii1g but not limited to, all instructional and non-instructional staff to the
Academy in accordance with this Agreement. BES shall be responsible for the management and
operation of the Academy, including, but not limited to the following:
l. Student recruitment and admissions.
2. Student assessments, including testing, promotion and retention.
3. Student behavior management and discipline.
4. The acquisition of instructional materials, equipment and supplies, and the
administration of any and all extra-curricular and co-curricular activities and
programs approved and included in the Academy Budget.
5. Employment of all personnel assigned to work at the Academy and the
management of all personnel and human resource functions.
6. All aspects of the Academy's business administration, including purchasing
and office management.
7. All aspects of the Academy's finances, including but not limited to,
accounting, general ledger management, financial reporting, payroll, payroll
tax compliance, employee benefits and bond finance management.
3
20029404 l.l 2 I 905/149806
8. All aspects of Food Service.
9. All aspects of facilities administration and maintenance.
B.
Subcontracts. BES reserves. the right to subcontract any and all aspects of the Services
set forth in Exhibit A and Article III, A. above, subject to the prior approval of the Academy
Board.
C.
Place of Performance. BES reserves the right to perform some of the Services set forth
in Exhibit A, such as purchasing, finance, human resources and administrative functions, off site,
unless prohibited by the Contract or applicable law.
D.
Legal Requirements. In the performance of its Services to the Academy and the
provision of Assigned Personnel to the Academy, BES agrees to comply with all federal, state,
and local laws and regulations, and the requirements imposed under the Code and the Academy's
Contract, unless such requirements are, or have been appropriately waived. BES shall comply
with all other applicable laws and ordinances, including, but not limited to, the Family Medical
Leave Act, Age Discrimination in Employment Act, as amended, Michigan's Elliott"Larsen Civil
Rights Act, the Person's with Disabilities Act, the Michigan School Code, the Michigan
Department of Education rules and regulations, any applicable federal or state credit reporting
acts, the Americans with Disabilities Act, as amended, Tit.le VII of the Civil Rights Act of 1964,
as amended, the Immigration and Refonn Control Act as it relates to 1-9 verification, and all
other federal, state and local laws and ordinances that apply to employment rights and civil
rights, public school academies, qualifications, certifications and licenses of BES Assigned
Personnel, and any applicable orders, rules and regulations.
E.
Taxes. BES shall be wholly responsible for paying all of its own taxes, including the
taxes for its Assigned Personnel to the Academy, including, but not limited to, Federal, State and
Local Income Taxes, FICA, FUTA, Workers' Disability Compensation and state and federal
unemployment taxes. To the extent that any or all are applicable, BES shall defend, indemnify
and hold harmless the Academy frotrt and against any losses, assessments, taxes, costs, penalties,
interest, premiums and attorney fees incurred by the Academy (a) related to any failure by BES
and/or BES employees to pay federal, state or local income, social security, workers' disability
compensation, unemployment taxes, or other taxes or premiums and/or file returns in connection
therewith, and/or (b) due to a determination by the federal, state or local government or other
regulatory body having jurisdiction over any part of the Academy's operations to classify on or
more of BES' employees as an employee of the Academy or a joint employee of the Academy
and BES due to the actions or inactions of BES, or its agents and employees which shall be a
proximate cause of such classification. Should such classification occur, the Academy shall have
the option to pay any resulting tax and/or premium obligations and offset such payments against
any amount coming due and owing to BES under this Agreement. BES shall acquire, as required
by law, workers' disability coinpensation insurance for itself, its employees and agents and shall
defend, indemnify and hold harmless the Academy from and against any claims for workers'
disability compensation brought by or on account of BES or by any of its employees and/or
agents. BES agrees that it will make all payments for benefits, salaries, workers' disability
compensation, unemployment taxes and liability h1surance for its employees and Assigned
4
20029404 J.l 21905/149806
Persormel to the Academy. The Parties acknowledge and agree that BES is the employer of
record pursuant to the Internal Revenue Code Section 340l(d).
F.
Benefits. Neither BES nor its employees, including Assigned Personnel to the Academy,
shall be entitled to paiticipate in any of the Academy's retirement programs or fringe benefits if
or when ofl'ered and, unless otherwise agreed to by the Academy, BES employees shall be
required to pay for their own professional dues, seminars, convention costs and any other
business related expenses. BES will provide the following fringe benefits, which the Acadmey
has agreed to reimburse BES and are included in the Academy budget: FICA, unemployment,
workers' disability compensation insurance, medical insurance, life and disability insurance, and
dependent life insurance. Any additional benefits from BES to its Asssigned Personnel must be
approved by the Academy Board for purposes of the budget only, or paid by BES exclusively.
G.
Purchases of Equipment, Materials aud Supplies. BES shall make no purchases of
personal property, nor shall it engage in procurement of same. To the extent BES procures or
purchases equipment, materials or supplies at the request of or on behalf of the Academy, BES
shall not include any added fees, charges, or markup of fees to the cost of the equipment,
materials or supplies purchased form a third party. If BES purchases equipment, materials and
supplies on behalf of or as an agent of the Academy, such equipment, materials and supplies
shall be and remain the property of the Academy. BES agrees that it shall comply with the Code
(including, but not limited to, sections 1267 and 1274) as if the Academy were making these
purchases directly from a third party supplier.
H.
Unusual Events. BES agrees to timely notify the Academy Board of any anticipated or
known material: (i) health or safety issues, (ii) labor, employee or financial problems, or (iii)
problems of any type that could reasonably be expected to adversely affect the Academy in
complying with its responsibilities under this Agreement.
ARTICLE IV
OBLIGATIONS OF THE ACADEMY BOARD
A.
Qood Faith Obligation. The Academy Board shall be responsible .for its fiscal and
academic policies.
The Academy Board shall exercise good faith in considering the
recommendations of BES, including but not limited to, BES' recommendations concerning
policies, rules, regulations and budgets as they relate to the Services rendered by BES and the
Assigned Personnel.
B.
Assistance to BES. The Academy Board shall rtot l;iinder. the operations of BES as
described in this Agreement and, to the extent consistent with applicable law, shall timely furnish
BES all documents and information necessary for BES to properly perform its responsibilities
under this Agreement.
C.
Unusual Event~. The Academy Board agrees to tin1ely notify BES of ai1y anticipated or
known material: (i) health or safety issues, (ii) labor, employee or funding problems, or (iii)
5
200294041.1 219051149806
problems of any other type that could reasonably be expected to adversely affect BES in
complying with its responsibilities under this Agreement,
D.
Working Facilities. BES may utilize the premises and facilities of the Academy in
rendering services pursuant to this Agreement, including existing Academy infrastrncture, such
as internal mail service, copiers, computers, internet access and email addresses. The Academy
shall, upon request by BES, make available a reasonable accommodation to any BES Assigned
Personnel entitled to such under the American with Disabilities Act, as amended, the Federal
Rehabilitation Act, Michigan's Persons with Disabilities Act, or any other applicable law. The
Academy will make accommodations for any educational, legal, liability, or risk training
necessary itl order for BES to carry out its responsibilities or liabilities assmned under this
Agreement. The Academy shall also provide a workplace that is in compliance with any
requirements of the ADAAA of 2008, as ame11ded, the Federal Rehabilitation Act or applicable
federal, state or local law.
The Academy shall provide BES Assigned Personnel with legally-mandated written
safety procedures specific to public schools for assigned areas; including but not limited to
tornadoes, hazardous materials, blood borne pathogens, and power failures. Mandated
protections will be the responsibility of the Academy and will include but not be limited to
uniforms, gloves, immunizations or equipment.
Upon request by BES, the Academy Board shall provide BES with suitable
administrative office space at the Academy, provided: (i) the requested space is available and can
be provided without materially prejudicing the Educational Program, and (ii) the requested space
is used only for activities related to the Academy. The space shall be provided at no cost to BES.
E.
~1ed Authority. The Academy Board shall retain the authority to make reasonable
regulations in accordance with applicable law relative to anything necessary for the proper
establishment, maintenance, management, and operation of the Academy, including, without
limitation, rules and regulations relative to the conduct of pupils while in attendance at the
Academy or en route to and from the Academy.
ARTICLEV
FINANCIAL ARRANGgMENTS
A.
No Related Parties or Common Control. BES will not have any role .or relationship
with the Academy that, in effect, substantially limits the Academy's ability to exercise its rights,
including cancellation rights, under this Agreement. The Academy Board may not include any
director, officer or e1nployee of a management company that contracts with the Academy. In
furtherance of such restriction, it is agreed between the Academy and BES that none of the
voting power of the goveming body of the Academy will be vested in BES or its directors,
members, managers, officers, shareholders, and employees, and none of the voting power of the
governing body of BES will be vested in the Academy or its directors, members, managers,
officers, shareholders, and employees. The Academy and BES shall not employ the same
individuals, nor will the Academy and BES enter into a co-employment or joint employment
6
20029404 l. I 21905/149806
relationship with regard to any staff. Further, the Academy and BES will not be members of tl1e
same controlled group, as defined in Section 1.150·1 (£) of the regulations under the Internal
Revenue Code of 1986, as amended, or related persons, as defined in Section l44(a)(3) of the
Internal Revenue Code of 1986, as amended. The Chief Administrative Officer of the Academy
shall not be an employee of BES.
B.
Pavmcnt for BES Assigned Personnel. The Academy shall pay to BES all direct costs
incurred by BES in connection with the BES Assigned Personnel. These direct costs include, but
are not limited to: all payroll, all applicable federal, state and local taxes, fringe benefits limited
to medical insurance, life and disability insurance and dependent life insurance as approved in
the Academy's budget, all workers compensation premiums, all BES insurance premiums, and
all unemployment compensation charges from the effective date of this Agreement. All federal
or state tax credits, savings or deductions (including but not limited to !RC Section 125) are the
property of BES as the employer of record. Any required adjustment to federal, state or local
taxes or insurance premiums applicable to this Agreement, or change in status of the BES
Assigned Personnel shall be effective on the date of such adjustment or change. BES shall at all
times remain responsible for payment of such benefits, taxes, contributions, premiums and
payrolls, it being understood by the parties, however, that the ability of BES to comply with this
requirement is contingent upon timely payment by the Academy.
C.
Management· Fee and Payment for Se1·vices Set Forth iu Exhibit A. The Academy
shall pay BES a management fee of eight percent (8%) of the Revenues the Academy receives
from the State for per pupil state aid. The Academy Board will pay or reimburse BES for costs
and expenses upon properly presented documentation and approval by the Academy Board. No
corporate costs of BES shall be charged to or reimburse.d by the Academy. Marketing and
development costs paid by or charged to the Academy shall be limited to those costs specific to
the Academy program and shall not include any mm·keting and development of BES. The
management fee shall cover the costs ofthe BES' Services set forth in Exhibit A attached hereto.
The Academy will also reimburse BES for any reasonably incun·ed out of pocket or business
expenses normally occurring in providing the Services set forth in Exhibit A and this Agreement,
provided such expense(s) are approved in advm1ce by the Academy Board or are otherwise
accounted for by the Object Code in the Academy Budget. Reimbursement to BES shall be as
follows:
1.
BES shall invoice the Academy on the ! 7'11 of the month preceding the
payroll distribution for the following month, which the Acadmey shall pay
on the 21"' of the month preceding the payroll distribution for the
following month. The invoice submitted by BES shall include the amount
due for the management fee, payroll, payroll taxes, and the cost of benefits
for BES Assigned Personnel. BES shall provide the Treasurer or board
appointee with a documented invoice, satisfactory to the Academy, for the
payment.
2.
For any other costs or expenditures incurred by BES, other than set forth
in Section C, 1. above, BES shall provide the Treasurer of the Academy or
Academy Board appointee with a docun1ented invoice, satisfactoiry to the
7
200294041.1219051149806
Academy, indicating that BES has incuned the costs or expenditures
which the Treasurer of the Academy or Academy Board appointee shall
consider for approval within fifteen (15) days of receipt fo the invoice.
D.
Reporting. BES shall provide the Academy with:
I.
All information the Academy's auditors reasonably request.
2.
Reports on Academy operations, finances, and student performance, upon
request of the Academy, the Authorizer or the State of Michigan, and on a
periodic basis as requested by the Academy Board.
3.
Monthly financial statements in Michigan Chart of Accounts fonnat that at
a minimum include a balance sheet, a cash flow statement and an objectlevel detailed statement of revenues, expenditures and changes in fund
balance that includes a comparison of budget-to-actual info1mation and an
explanation of variances.
4.
Level of compensation and fringe benefits, if any, for BES Assigned
Personnel.
5.
Other information on a periodic basis to enable the Academy to monitor
the efficiency of BES' Services set forth in Exhibit A of this
Agreement to the Academy, and the overall management and operations
of the Academy.
Records. BES shall keep accurate record• pe1iaining to its management and operation
E.
of the Academy, together with all Academy records prepared by or in the possession of BES,
and, unless required by law to be retained for a longer period, retain all of said records for a
period of seven (7) years from the close of the fiscal year to which such books, accounts and
records relate. All financial, educational, student and Academy personnel records pertaining to
the Academy are Academy property. Such records are subj.eel to the Michigan Freedom of
Information Act. All Academy records shall be physically or electronically available, upon
request, at the Academy's facilities and shall be maintained in accordance with applicable federal
and state law and the policies of the Michigan Department of Education ("MDE"). Except as
permitted under the Contract and applicable law, this Amended Agreement shall not restrict the
University's or the public's access to the Academy's records.
The employment records of BES employees shall be maintained by BES. BES and the Academy
shall maintain the confidentiality of personnel, student and other records as required by law.
BES shall complete any and all reports with regard to its employees that are required by
applicable law and shall assist the Academy in timely complying with any and all compliance
and reporting obligations it may have to the Michigan and the United States Departments of
Education, the Authorizer, or as otherwise mandated by applicable law.
For purposes of compliance with the MDE and the Michigan State Police (''MSP") requirements
8
200294041. I ? 1905/149806
regarding fingerprinting and criminal history background checks for employees of BES, which
became effective January 1, 2014, all Criminal History Records Information ("CI-IRI") of BES
staff must be retained by the Academy, electronically or physically, and BES may not retain the
CHRI.
F.
Information To Be Provided By BES. BES shall make information available
concerning the operation and management of the Academy, including without limitations, the
info1mation described in Schedule 4 of the Academy's Charter Contract with EMU, available to
the Academy as deemed necessary by the Academy Board in order to enable the Academy to
fully satisfy its obligations under the law. BES shall further make all information available to
the Academy Board that a school district is required to disclose under MCL 388.1618 for the
most recent fiscal year for which the information is available.
G.
Compliance with Section 503c. On an annual basis, BES agrees to provide the
Academy Board with the same information that a school district is required to disclose under
Section 18(2) of the State School Aid Act of 1979, MCL 380.1618, for the most recent fiscal
year for which the information is available. Within thirty (30) days of receipt of this
information, the Academy Board shall make the information available on the Academy's website
home page, in the form and manner prescribed by the Michigan Department of Education. The
terms in Section 503c of the Code, MCL 380.503c shall have the same meaning in this
Agreement. BES shall make information concerning the operation and management of the
Academy, including without limitation, the infmmatiou described in Exhibit C attached,
available to the Academy.
H.
Review of Budget. BES shall recommend an annual operating budget, prepared in
accordance with the Michigan Uniform Budget and Accounting Act, to the Academy Board no
later than June 1 of each year for it to consider and adopt prior to July 1 of each year as required
by the Authorizer and the State of Michigan. The Academy Board shall be responsible for
reviewing, revising, .and approving the annual budget of the Academy. BES shall make periodic
suggested budget amendments to the Board, as needed and required under applicable law, during
the budget fiscal year. The Academy Board must approve a11y and all budget amendements in
accordance with the Contract and applicable law.
I.
Annual Audit. The Academy Board shall select, retain, and. pay for an independent
annual financial audit in accordance with the Contract and applicable state law. BES shall
cooperate with said auditor and will make sure that all of the Academy's financial records and
BES records related to the Academy are made available to the Academy and the Academy's
independent auditor. Under no circumstances shall BES recommend or engage an auditor for or
on behalf of the Academy Board.
J.
Pbligations of the Acaclemv's Treaurer. No provison of this Agreement shall alter the
Academy Board Treasurer's legal obligation to direct that the deposit of all funds received by the
Academy be placed in the Academy's depository account as required by law. The signatories on
the Academy Board accounts shall be Academy Board members and may also include a properly
designated staff employee of BES. Interest income earned on Academy accounts shall accrue to
the Academy.
9
200294041.1 219051149806
ARTICLE VI
PERSONNEL & TRAINING
A.
Academy Personnel. As. of the effective date of this Agreement, the Academy Board
shall not employ any personnel. All of the BES Assigned Personnel and the individuals who
perfom1 the Services set forth in Exhibit A shall be and remain employees of BES.
B.
BES Personnel.
All BES Assigned Persormel .shall meet the qualifications,
certifications, licenses and any other federal, state or local requirements for their position as
required by the Charter Contract, applicable law and administrative rules and regulations. BES
shall enjoy the sole and exclusive right to screen, hire, fire, evaluate, train and discharge its
Assigned Personnel. Unless required by applicable statute, court, or administrative decision or
an Attorney General opinion, BES shall not make payments to the Michigan Public School
Employees' Retirement System ("MPSERS ") or any other public retirement system on behalfof
its employees. In the event of a finding that payments to MPSERS or other public retirement
system are due on behalf of or to BES Assigned Personnel, BES shall be solely responsible for
the payment of such benefit to its employees. In addition, as of the date of this Agreement, the
Academy is not required by applicable law, to provide tenure to its administrators or certified
teachers. BES shall not engage in any practice that abrogates this protection. BES shall conduct
employee evaluations consistent with Sections 1249 and 1250 of the Code, as applicable.
C.
School Leader. The School Leader shall be an employee of BES and not the Board.
The duties and terms of the School Leader's employment shall be determined by BES. The
School Leader shall work with BES i11 the Operation and management of the Academy. The
School Leader shall attend meetings of the Board and shall ·provide reports to the Board. The
accountability of BES to the Academy is an essential foundation of this Agreement. BES shall
have the authority, consistent with this Article, to select, hire, evaluate, assign, discipline,
transfer and terminate the School Leader, and to hold the School Leader accountable for the
performance of the Academy. Without limiting the foregoing, BES shall consult with the
Academy Board prior to the placement and/or removal of the School Leader. Absent compelling
circnmstances, the consultatio11 shall commence at least thiry (30) days prior to BES placing
and/or removing the School Leader. BES shall give due consideration to the input of the Board
or the Board's designated representative prior to making a final decision regarding placement
and/or removal of the School Leader. BES shall remove the School Leader if the Board is
reasonably dissatisfied with the School Leader's performance.
As the employer, BES shall be solely responsible for the perfonnance evaluation of the School
Leader. BES shall seek feedback from the Board prior to completing the state required
performance evaluation(s) of the School Leader.
D.
Teachers. BES shall assign teachers qualified to teach their assigned subjects and grade
level. The curriculum taught by the teachers shall be consistent with the Educational Program as
determined by the Academy Board. The teachers may, at the discreti<m of BES, be assigned to
work at the Academy on a full or pm1 time basis. Each teacher assigned to work at the Academy
shall hold a valid teaching certificate issued by the state board of education or applicable state
10
200294041. I 21905/149806
agency to the extent required by the Code and any other licenses, ce1tifications or endorsements
that may be reqnired.
E.
Support Staff. BES shall assign qualified support staff as needed for BES to operate the
Academy in an efficient manner. An individual assigned to work at the Academy that is not
teaching, but for which a license and/or certification is required under applicable law, shall have
the appropriate license and/or certification.
F.
Training. BES shall provide or procure training to all teaching personnel on a regular
basis. Instructional personnel shall be required to obtab1 at least the minimum hours of
professional development as required by applicable law. Non-instructional personnel shall
receive training as BES determines reasonable and necessary under the circumstances. The
Academy Budget shall include monies for professional development and training.
G.
Criminal Background Checks.
I.
!=omuliance with School Safety Initiative. In accordance with applicable law,
BES acknowledges and agrees that unless the Academy notifies it that it is not
subject to the provisions of Michigan Public Act 84 of 2006, as amended
(hereafter "PA 84 of 2006"), BES will have its, and any of its agents, employees
or representatives who will be on the Academy's premises, or perform work for
the Academy, fingerprinted and subjected to criminal history and background
checks through the Michigan State Police and Federal Bureau of Investigation, as
detailed in PA 84 of 2006, prior to commencing any work under this Agreement.
BES further agrees to provide the Academy with a copy of all fingerprinting and
crimi11al history background reports prior to .commencing any work under this
Agreement as permitted by applicable law. BES and the Academy understand
and agree that the MDE and MSP have issued new requirements for criminal
history checks and Criminal Histroy Record Information ("CHRI"), effective
Janufil'y I, 2014, Therefore, the Academy and BES agree to establish policies and
procedures that comply with these requirements. The Academy acknowledges
that no individual may begin work as an employee of BES, or otherwise
undertake any performance under this Agreement prior to the time such employee
is legally permitted to begin employment pursuant to applicable law and such
individual is hired by BES. The cost of the fingerprinting and criminal
background checks shall be paid by the Academy.
2.
Compliance with PA 84 of2006. In addition, unless notified that the Academy is
not subject to PA 84 of 2006, BES represents and warrants to the Academy that it
will at all times during the tenn of this Agreement be in compliance with the
provisions of PA 84 of 2006. BES and the Academy agree to establish
appropriate practices and procedures to comply with applicable law and the
requirements of the MDE and MSP to obtain and ensure that within three (3)
business days of when BES (severally), or any of its agents, employees or
representatives who will be on the Academy's premises, or provide services to the
Academy are charged with a crime listed in Section 1535a(l) or 1539b(l) of the
11
200294041.l 21905/(49806
Revised School Code, beii1g MCL 380.1535a(l) and 380.l 539b(l ), a substantially
similar law, or other crimes required to be reported under PA 84 of 2006, that
BES shall immediately report to the Academy if that person is subsequently
convicted, pleads guilty or pleads no contest to that crime.
3.
Unprofessional Conduct Checks. BES further aclmowledges and agrees that it
will conduct unprofessional conduct checks, in accordance with MCL 380.1230b.
4.
Compliance with Immigration Laws. BES shall be responsible for compliance
with all Federal laws related to the Immigration Reform and Co11trol Act of 1986,
as amended, including but not limited to, the screening of potential BES
Assigned Personnel for verification of employment and filing Form I-9 or its
successor form.
H.
Terms of Employment. No member of BES Assigned Personnel shall be subject to any
covenant not to compete or other employment restriction as part of the terms of his or her
employment with BES for services provided to the Academy. BES shall at all times comply
with the terms and conditions of the C011tract related to the prohibitions of certain specified
family relationships. No person performing services at the Academy shall be compensated for
performing the functions of more than one full-time position, except that BES staff that provides
tutoring, works in after school and/or summer programs shall be paid for their additional work.
I.
Limitations on Discretion. All decisions made by BES, and any discretion exercised by
BES, in its selection, hiring, evaluation, assignment, discipline, transfer, and termination of
personnel, shall be consistent with the Budget, the parameters adopted and included in the
Educational Program, and applicable law.
ARTICLE VU
TERMINATION OF AGREEMENT
A.
Termination By BES. BES may terminate this Agreement with or without cause with
sixty (60) days written notice to the President of the Academy Board.
B.
Termination by the Academy. The Academy may terminate this Agreement with or
without cause with sixty (60) days written notice to the authorized BES agent set forth in the
Notice provision. However, in the event that BES activities are deemed to be inconsistent, by
the Internal Revenue Service, with charitable and educational purposes under Se.ction 501(c)(3)
of the Internal Revenue Code, the Academy may terminate iliis Agreement immediately upon
written notice to the authorized BES agent.
C.
Change in Law. If any foderal, state, local law, rule, ordiancc or regulation, or court
decision bas a material adverse impact on the ability of either party to carry out its obligations
under this Agreement, then either party, upon written notice, may request to renegotiate this
Agreement. If the parties are unable or unwilling to renegotiate the terms of this Agreement,
within sixty (60) days after the written notice, the party requesting the renegotiation may
terminate this Agreement on thirty (30) days additional written notice, to be effective as outlined
in subparagraph D, below. Recognizing the Academy's current tax-exempt debt financing
12
200294041.1 219051149806
pmsuant to IRS Code, the parties agree that this Agreement shall be automatically amended for
the sole and limited purpose of compliance with Revenue Procedure 97-13, and/or its progeny.
Any automatic amendment shall be limited as practicable, and the parties shall promptly execute
a written agreement reflecting the amendment.
D.
Effective Date of Termination. In the event that this Agreement is terminated by either
party prior to the end of the term specified in Article I, the termination will become effective on
June 30, 2016, or the termination shall become effective upon the completion of the sixty (60)
day written notice period. Termination shall become effective immediately upon the event
described in Article VII B.
E.
Transition Upon Termination. Notwithstanding the provisions of Section B of this
Article Vil above, unless terminated because the activities or BES' performance hereunder is
deemed to be inconsistent with chalitable and educational purposes described in Section
50l(c)(3) of the Internal Revenue Code, upon tennination, BES shall work for a period up to
ninety (90) days if deemed necessary by the Academy to transition to a new Educational Service
Provider ("ESP"). The fee shall be in accordance with the compensation stated herein.
However, upon termination, BES shall, without charge (i) close the books on the then-current
fiscal quarter; (ii) organize and prepare the Academy's records for transition to the new ESP; (iii)
organize and prepare student records for transition to the new ESP; (iv) provide for the orderly
transition of employee compensation and benefits to the new ESP without disruption to staffing;
and (v) provide supportive transition services to ensure ongoing continuity of Hope Academy's
financial management structure, Academy Board management, and the oversight of the transition
to archive Board documents and bind.ers.
Other Responsibilities Upon Termination. The Academy and BES shall each remain
F.
l'esponsible for:
1.
All fees, payments and other charges arising under this Agreement prior to
the effective termination date;
2.
All obligations arising prior to the effective date of termination which are
allocated by other provisions of this Agreement;
3.
Any respective obligations under this Agreement for matters
accruing dming the term of this Agreement, including, without
limitation, representations and warranties, the duty of indemnification and
the paiiies'respective enumerated responsibilities. The confidentiality
obligations of the parties shall smvive termination of this Agreement; and
4.
Any te1mination charges as provided for and allocated in this Article.
G.
Revocation or Termination of Contract. If the Academy's Contract issued by the
Eastern Michigan University Board of Regents is revoked, terminated or a new charter contract
is not issued to the Academy after expiration of the Academy's Contract, this Agreement shall
automatically terminate on the same date as the Academy's Contract is revoked, terminated or
13
200294041.1 21905/149806
expires without further action of the parties.
H.
BES' Failure to Cure. Any action or inaction by BES that is 110t cured with sixty (60)
days written notice thereof which causes the Academy's Contract to be revoked, terminated,
suspended or which causes the Contract to be put in jeopardy of revocation, te1mination or
suspension by the University is a material breach.
I.
No Penqltv For Early Termination. If the Authorizer determines to exercise its
prerogative under MCL 380.507(7) and/ or the Contract to reconstitute the Academy by
requiring the termination or amendment to this Agreement there shall be no cost or penalty to the
Academy.
K.
Dispute Resolution Procedure. Any and all disputes between the parties concerning
filly alleged breach of this Agreement, or arising out of or relating to the interpretation of this
Agreement, or the pmties' performfillce of their respective obligations under this Agreement,
shall be resolved by arbitration, and such procedure shall be the sole and exclusive remedy for
such matters. The parties explicitly waive their rights, if any, to a jury trial. The parties shall
attempt to mutually agree upon a si11gle arbitrator. If the parties cannot mutually agree upon a
single arbitrator, the parties shall select a single arbitrator, in accordance with the rules of the
American Arbitration Association. The arbitration shall be conducted in accordance with the
rules of the Americfill Arbitration Association, with such variations as the parties and arbitrator
unanimously accept. A judgment on the award rendered by the arbitrator may be entered in any
court having appropriate jurisdiction, The cost of the arbitration shall be paid equally by the
parties. Each party shall be responsible for its own costs and attomey fees. A cause opinion
(written explanation including findings of fact and legal analysis) as to the final decision shall be
required. Eastem Michigan University shall be notified of said decislon and, upon its request,
the cause opinion shall be made available to the University.
ARTICLE VIII
PROPRIETARY INFORMATION
A.
Proprietary Information. The Academy owns all proprietary rights to all curriculum or
educational materials that were or are directly developed and paid for by the Academy, or that
are developed by BES at the direction of the Academy Bom·d with Academy funds. All
cu1Ticulum or educational materials that are developed by BES with Academy funds (herein the
"Developed Works") shall be considered to be "works made for hire" under the U.S. Copyright
Act, and the Academy shall be deemed the owner of such Developed Works whether this
Agreement is completed or terminated by one or both of the parties. In the event any such
Developed Works may not, by operation of law, be considered works made for hire (or if
ownership of all right, title and interest therein shall llot vest exclusively with the Academy),
BES hereby confirms that without further consideration it shall be deemed to have automatically
assigned upon creation the ownership of all rights, title and interest of the Developed Works to
t11e Academy. BES agrees to execute 8lld deliver to the Academy such assignments or other
instruments as the Academy may require fro111 time to time evidencing the Academy's ownership
of the Developed Works.
14
200294041.1 219051149806
BES owns all proprietary rights to curriculum and educational materials previously developed or
copyrighted by BES, and to curriculum and educational materials developed by BES not using
funds from the Academy. BES and the Academy shall each have the sole and exclusive right to
license materials for which they own proprietary rights for use by other school districts, public
schools and customers or to modify and/or sell material to other schools and customers. The
Academy and BES each shall use reasonable effmts to ensure that its personnel and agents
refrain from disclosing, publishing, copying, transmitting, modifying, altering or utilizing
proprietary information owned by the other party. Any educational materials and teaching
techniques used by the Academy are subject to disclosure under the Code and the Freedom of
Information Act.
B.
J.'ublic Record!. Notwithstanding anything to the contrary in this Agreement, the parties
acknowledge that certain records are subject to the Michigan Freedom of Information Act and
other lawful process of courts and tribunals of appropriate jurisdiction.
ARTICLE IX
INDEMNIFICATION
A.
Indemnification. To the extent permitted by law, each party to this Agreement agrees
to indemnify and hold the other party and the Authorizer (the "Indemnified Party"), harmless
from and against any and all claims, actions, damages, expenses, losses or awards which arise
out of (i) the negligence of the indemnifying party, (ii) any action taken or not taken by the
indemnifying party, or (iii) any noncompliance or breach by the indemnifying party of any of the
te1ms, conditions, warranties, representations, or undertakings contained in or made pursuant to
this Agreement. As used in this subse.ction, Indemnified Party shall include the party's Regents,
directors, officers, employees, agents, representatives and attorneys. Such indemnification may
be achieved by the joint purchase of general liability and property insurance policies, or by such
other means as the parties may mutually agree. Notwithstanding anything in this Agreement to
the contrary, the Academy Board shall not be precluded by the terms of this Agreement from
asserting or declining to assert a claim of governmental immunity.
The parties agree that the indemnification provision shall not be limited to claims, expenses or
liabilities for which one of the pa1ties is solely liable, but also applies to claims, expenses, or
liabilities for which the paities are claimed to be or are jointly liable. In the event of alleged joint
liability, if either party pays funds it may offset such payments against any amount coming due
and owing to the Academy under this Agreement. Each party agrees to notify tl1e other of any
claim or judgment to Which this indemnification provision may apply. Further, the parties agree
not to settle any claim without the prior written consent of the other party, which consent will not
be unreasonably withheld. Each party's indemnification obligations survive the termination or
expiration of this Agreement.
B.
Indemnification of Eastern Michigan University. The parties acknowledge and agree
that Eastern Michigan University, its Board of Regents and its members, officers, employees,
agents or representatives (collectively "University") are deemed to be third party beneficiaries
15
200294041.l 21905/ 149806
for purposes of this Agreement. As third party beneficim·ies, the parties hereby promise to
indemnify, defend and hold harmless the University from m1y and all demands, claims, actions,
suits, losses, judgments, liabilities, damages, fines, penalties, forfeitures, or any other liabilities
or losses of any kind whatsoever, including costs and expenses (not limited to reasonable
attorney fees, expert and other professional fees) of settlement and prosecution imposed upon or
incurred by the University and not .caused by the sole negligence of the University, which arise
out of or are in any manner connected with the University's approval of the Academy's
application, the University Board's consideration of or issuance of a Contract, the Academy's
preparation for and operation of a public school, or which are incurred as a result of the reliance
by the University upon information supplied by the Academy or BES, or which arise out of the
failure of the Academy or BES to perform its obligations under the Contract or applicable law.
The parties expressly acknowledge and agree that the University may commence legal action
against either party to enforce its 1ights as set forth in this section of this Agreement
ARTICLEX
INSURANCE
A.
Insurance Coverages. The Academy and BES shall each maintain such policies of
insurance as required by the Contract and the Michigan Universities Self-Insurance Corporation
("MUSIC"), or applicable law. At a minimum, each party shall maintain an umbrella liability
policy of not less than Two Million Dollars ($2,000,000.00) (or such greater amount if required
by the terms of the Chmter, MUSIC or applicable law). Each party shall maintain general
liability insurance in the amotmt of One Million Dollars ($1,000,000.00) per occurrence (or such
greater mnount if required by the terms of the Charter, MUSIC or applicable law), with the other
party listed as an additional insured if permitted hy MUSIC. The Academy shall maintain
insurance on its facility and related capital items leased by the Academy, as required by the
terms of the Academy's kase(s). In the event that MUSIC requests any change in coverage by
the parties, the parties agree to comply with any change in the type and amount of coverage
requested by MUSIC within thirty (30) days after notice of the insurance coverage chmige is
provided to BES. BES insurm1ce shall be separate from and in addition to the insurmice the
Academy Board is r~uired to obtain under the Contract. BBS shall provide evidence of its
insurance coverages to the Academy Board and the Authorizer, ifrequested to do so.
B.
Workers' Compensation Insurance. Each party shall maintain workers' compensation
insurance as required by law, covering their respective employees.
C.
Academy as Additional Insured. BES shall name the Academy as an additional insured
on all of its policies of insurmice required by MUSIC, including, but not limited to, its
Employment Practices Liability fosurance in amounts and on such terms as the Authorizer and
Academy Board may require.
D.
Obligations with Respect to Insurances. Each pi\rty shall ensure that its relevant
policies of insurance do not exclude abuse or sexual molestation, and affirmatively include
coverage for abuse and sexual molestation. Each party shall, upon request, present evidence to
the other that it maintains the requisite insmance in compliance witb the provisions of this
16
200294041.1 21905/149806
Article. Each party shall comply with any information or reporting requirements required by the
other party's insurer(s), to the extent reasonably practicable. The insurance policies maintained
under this Agreement should provide that legal counsel to defend the insured BES shall be legal
counsel of BES' choosing. The Academy shall also be entitled to obtain legal counsel of its
choosing to defend any and all claims against the Academy. Each party shall provide (30) days
advance written notice of any cancellation, non-renewal or material change in any of the policies
maintained in accordance with this Agreement.
ARTICLE XII
WARRANTIES AND REPRESENTATIONS
A.
Academy Warranties and Representations. The Academy Board warrants and
represents that, on behalf of and in tile name of the Academy, it has the authority under law to
execute, deliver and perfonn this Agreement and to incur the obligations provided for under this
Agreement such that tile Academy's execution, delivery and performance of this Agreement
does not violate any terms or provisions of any separate contract, applicable laws or other
policies. The Academy Board warrants that its actions have been duly and validly authorized,
and \hat it will adopt any and all resolutions or expenditure approvals required for execution of
this Agreement.
B.
BES Wnrranties and Representations. BES warrants and represents that it is a low
profit limited liability company in good standing and is authorized to conduct business in the
State of Michigan. BES agrees to comply with all registration and licensing requirements
relating to conducting business under this Agreement. The Academy Board agrees to assist BES
in applying for snch licenses and permits and in obtaining such approvals and conse~ts.
C.
Mutual Warranties. The Academy Board, on behalf of the Academy, and BES
mutually warrant to the other that there are no pending actions, claims, suits or proceedings, to
its knowledge, threatened or reasonably anticipated against or affecting it, which if adversely
detenuined, would have a material adverse effect on its ability to pe1fom1 its obligations under
this Agreement.
ARTICLE XII
MISCELLANEOUS
A.
Sole Agreement. This Agreement is the entire agreement between the parties relating to
the subject matter herein and supersedes and replaces all prior negotiations and agreements. No
n10dificatio11 of this Agreement shall be valid or binding unless such modification is in writing,
dated and signed by the authorized representative of each party and done in a maru1er consistent
with Authorizer's Educational Service Provider Policies. Said amendment shall not be contrary
to this Section and it must be accompanied by a Legal Opinion.
B.
Force Maieure. Neither party shall be liable if the performance of any part or all of this
Agreement is prevented, delayed, hindered, or otherwise made impracticable, or impossible by
reason of any strike, flood, riot, fire, explosion, war, act of God, sabotage, accident, or any other
17
20029404 I. I 219051149806
casualty, or cause beyond either part's control, and which caru1ot be overcome by reasonable
diligence and without unusual expense.
C.
Notices. All notices, demands, requests, and consents under this Agreement shall be in
writing, shall be delivered to each party, and shall be effective three (3) days after depositing in
the U.S. mail; and shall be effective one (1) day after sending by a nationally recognized
overnight delivery service to the respective addresses set forth below, or at suclt othet address as
may be furnishes by a party to the other party:
If to the Academy:
Board President, Hope Academy
12121 Broadstreet
Detroit, Ml 48204
With a Copy to:
Reginald M. Turner, Jr., ESQ.
Clark Hill PLC
500 Woodward Ave., Suite 3500
Detroit, MI 48226
Jfto BES:
BFDI Edi1cational Services, L3C
Manager
2995 E. Grand Boulevard
Detrnit, Ml 48202
D.
Severabilitv. The invalidity of any of the covenants, phrases, or clauses in this
Agreement shall not affect the remaining portions of this Agreement, and this Agreement shall
be construed as if such invalid covenant, phrase, or clause had not been contained in this
Amended Agreement.
E.
Successors and Assigns. This Agreement shall be binding upon, and inure to the benefit
of the parties and their respective successors and assigns.
Non, Waiver. No failure of either party in exercising any right, power, or privilege under
F.
this Agreement shall affect such right, power, or privileges, nor shall any single or partial
exercise thereof preclude any further exercise thereof or the exercise of any other right, power, or
privilege. The rights and remedies of the parties under this Agreement are cumulative and not
exclusive of any rights or remedies which any of them may otherwise have.
G.
Assignment. BES may assign this Agreement with the pri'or written approval of the
Academy Board, however, this Agreement shall not be assignable without prior notification to
the University's Charter Schools Office. Any such assignable party shall be considered an
Educational Service Provider, as defined by the University's Educational Service Provider
Policies. As such, any assignable pa1ty shall follow the requirements set forth in the Educational
Service Provider Policies.
H.
Survival of Termination. All representations, warranties, and indemnities made herein
shall survive tennination of this Agreement.
18
200294041.1 219051149806
I.
Governing Law. This Agreement shall be governed by and enforced in accordance with
the laws of the State of Michigan.
J.
Amendment. In the event this Agreement is amended, the submission requirements
outlined in Section A of the University's Edcuational Service Provider Policies apply. Any
amendments to this Agreement will be added to the Academy's Charter Contract through the
Chaiter Contract amendment process identified in the Charter Contract Terms and Conditions.
K.
Delegation of Authority. Nothing in this Agreement shall be construed as delegating to
BES powers or authority of the Academy Board which are not subject to delegation by the
Academy Board under the Charter Contract or applicable law.
L.
Complia11ce with Law. The parties to this Agreement agree to comply with the Charter
Contract and all applicable law.
The parties have executed this Agreement as of the day and year first above written.
HOPE ACADEMY, a Michigan
Public School Academy
BFDI EDUCATIONAL SERVICES, L3C, a
low profit limited liability company
_&s.1.~J~,;~,_,,~\_~-­
DATE: "":,!")..<;;'I1@ l'f
-·r I
ITS:
19
20029404 l.I 21905/149806
EXHIBIT A
SCOPE OF SERVICES
HOPE ACADEMY SCHOOL DISTRICT GRADES K-8
A. Financial Management
BES will provide tl1e following school management services to Hope Academy, a Public School
Academy, located at 12121 Broadstreet, Detroit, Ml 48204. BES will provide comprehensive,
sound financial management services and practices as follows:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Help to generate revenues, allocate resources, manage and report financial information,
safeguard resources, and manage specific functional areas related to fue facility bndget
Bond finance management
Audit management
Line of credit development and management
State Anticipated Loan development and management
Payroll auditing
Development and monitnring offinancial management policies and procedures, as requested by
the Chief Administrative Officer
Creating, managing and ccn1rollingthe annual budge~ a~ reque;ted by 1he Chief
Administrative Officer
Monitor key financial variables to assess fue physical condition ofthe school's fiscal health
Develop and manage internal control system
Identify and implement cost reduction strategies, as may be appropriate
Manage risk management/insurance requirements
Manage compensation and benefits
Ensure that Hope Academy maintlrins a balanced budget and adequate ca•h flow
Many of the aforementioned financial management activities will occur on eitl1er one of the following
frequencies: daily, weekly, monthly, quarterly, semi-annually or annually.
BES will ensure full transparency to the Board of Directors and provide a comprehensive report ID the
Board of Directors, minimally on amontl1ly basis and/or more frequently as may be needed.
R. Governanc.e Board Relationship and Support
BES will provide the following school management services to support specific Board
operations, and others as may be required by Eastern Michigan University:
• Prepare folders for all committee and Board Meetings and maintain in an
organized, orderly manner.
• Maintain Board and committee agendas in accordance with the format approved by the
Board of Directors at its Annual Organizational Meeting, and submit to E11-<;1em
Michigan University.
200372127.1219051093461
•
Record and transcribe all Board or committee minutes and secure Board approval and
appropriate sign-off on all minutes and reports; record attendance at Board and
committee meetings; distribute Board minutes and reports to the Board of Directors and
Eastern Michigan University (EMU) in the time frames required and specified.
Forward all required minutes and rep01ts to EMU and lhe appropriate staffpen;on in
the ·cruuier Schools Office.
Post Budget Hearing in newspaper annually, and in accordance wilh
requirements ofEMU.
Orgimize and manage 1he announcernen~ reporting and packaging of the Amual Budget
Hearing.
}<Ji.sure lhat all annolll1cements are posted in aocordance wilh 1he Opl"ll Meetings
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Complete and submit annual Nonprofit Coiporation fuformation Update 1D lhe State of
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lv!ichigan with the approp1iate fee as required.
Receive expendilJJre reports fur typing required Hope Academy checks, as approved
by BES Fiscal Consultant and the Board Liaison.
Provide all required notary services related to the business of Hope Academy.
Receive input from Hope Academy's Board President regarding changes or
modifications to Board Meeting agenda items.
Maintain and archive all Board documents, as required by1he Hope Academy Board of
Directors and EMU.
This Scope of Services can be amended by written Agreement of BES and the Board ofDirec1Drs of Hope
Academy except that tel'.111ination of services is subject to the te11l1S of the Educational Services Provider
Agreement.
200372127.1 21905/093461
EXHIBITB
BFDI EDUCATIONAL SERVICES (BES)
JOB DESCRIPTIONS
BFDI Educational Services (BES)
Open Positions
Effective April 1, 2014
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Principal, CAO
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Academy Directors (2)
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Office Manager*
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Teachers (31) • Included In the 31 teachers are the Math and Reading
Specialists. Of the 31 teachers, three (3) are Title 1.
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Math Specialist
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Reading Specialist
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Instructional Aides (5) - (3 Title 1 positions)
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Receptionist
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Student Records Clerk
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Executive Assistant
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Accounting Clerk Ill*
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Purchasing Clerk --
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Attendance Liaison - One (1) open position (Title 1)
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School Social Workers** (2)
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Noon Hour Aides - Part-Time (3)
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Instructional Coach
*Position Title Change
•• Presently Filled Positions
BFDI Educational Services (BES)
JOB DESCRIPTION
Position Title:
Contract:
Reports To:
Principal/Chief Academic Officer (CAO)
12 Months
Superintendent or BES CEO
Job Summarv
The Principal is responsible for providing instructional, operational, and administrative
leadership, He/she will organize, supervise and evaluate development Of curriculum,
school programs, and staff and student achievement, while overseeing the day-to-day
operations of the school.
Performance Duties
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Communicate the vision, philosophy, and mission of Hope Academy to staff,
students, parents, community and the media.
Develop a plan for achieving the school's vision and establish annual objectives
and strategies.
Administer fiscal planning activities.
Develop and manage the school budget
Represent the school at Board of Directors' meetings and provide educational
leadership,
Represent the school at formal functions, community and civic affairs,
Implement the State of Michigan education codes, rules and regulations as given
by the State Board of Education.
Prepare or approve manuals, guidelines, and reports on State educational
policies and practices for distribution to the school.
Confer with federal, state, and local officials to develop curricula and establish
guidelines for educational programs ..
Participate in and conduct workshops, conferences, and in-services for
professional growth and staff development
Initiate and implement processes for monitoring and evaluating student
achievement and growth.
Provide instructional leadership and· support while overseeing the development
and implementation of classroom curriculum.
Create high performance teams of instructional and support staff, parents, and
community.
Create an atmosphere of security and trust, as well as encourage innovation.
Recruit, select and hire school staff.
Supervise and evaluate administrative, instructional and support sjaff.
Maintain complete and accurate records of the entire school program.
Consult with parents/guardi.ans regarding school academic and behavioral
progress.
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Disseminate information and promote a sense of community involvement
between school, parents, civic and business community.
Monitor student behavior and address major code of conduct violations.
Admit and transfer students.
Other duties as assigned.
Qualifications
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Master's Degree; Certified and Highly Qualified.
Teacher Certification; Administrator Certification preferred.
Seven (7) years of exemplary teaching experience.
Two (2) years of administrative or comparable experience.
Evidence of recent and ongoing professional development.
Evidence of recent roles as conference workshop facilitator or presenter.
Good verbal and written communication skills.
Able to communicate in oral and written interview; knowledge of current
methodologies and research in education and instruction.
Evidence to support community involvement and leadership.
Satisfactory Criminal Records Check.
EMPLOYEE'S ACKNOWLEDGEMENT OF RECEIPT:
Rev. 3/14
2 of 2
BFDI Educational Services (BES)
JOB DESCRIPTION
Position Title:
Contract:
Reports To:
Academy Director
12 Months
Principal/Chief Academic Officer (CAO)
Job Summary
Responsible for providing Instructional, operational, and administrative leadership in the
department assigned.
Performance Duties
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Provide direction, leadership and day-to-day management of educational
activities.
Supervise support staff, instructional aides, and teachers.
Develop academic programs.
Monitor the educational progress of students.
Train and motivate teachers and other staff.
Manage student services.
Administer recordkeeping.
Assist the Principal in the overall administration of the school.
Develop student class schedule.
Process discipline forms, attendance, and counsel students on educational or
personal matters.
Work evening hours and occasional weekends, as may be needed.
Have the ability to make sound decisions and organize and coordinate work
efficiently.
Strong interpersonal skills, and effective communicator and motivator.
Knowledge of management principles and practices gained through work
experience and formal education.
Communicate the vision, philosophy and mission of Hope Academy to staff,
students, and parents.
Represent the school at Board of Directors' meetings.
Represent the school at formal functions, community and other affairs.
Implement State of Michigan education codes, rules and regulations as given by
the State Board of Education.
Prepare and approve manuals, guidelines, and reports on State educational
policies and practices for distribution to the school.
Participate in and conduct workshops, parent teacher conferences and Inservices for professional growth and staff development.
Work with Principal regarding the completion of compliance reports.
Supervision of assessments/standardized testing.
Schedule/supervise student services, Le., dental program, vision and hearing,
etc.
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Actively participate in school improvement committee and programs.
Initiate and implement processes for monitoring and evaluating student
achievement and growth.
Provide instructional leadership and support while overseeing the clevelopment
and implementation of classroom curriculum.
Consult with parents/guardians regarding school academic and behavioral
progress.
Monitor student behavior and address major code of conduct violations.
Keep abreast of developments in curriculum and instruction by providing
leadership in the educational program.
Guide development, implementation, and evaluation of pre-service and in-service
training for personnel.
Direct, create, and edit publication of 1311 curriculum guides and materials.
Provide staff leadership to ensure understanding and promote the educational
objectives and strategies.
Conduct regular classroom observation and walkthroughs.
Other duties as may be assigned.
Qualifications
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Master's Degree in Education, Administration, Leadership, or related field;
Certified and Highly Qualified.
Completion of Educational Leadership Program or related program.
Strong computer technology background, proficient in Word and Excel; familiarity
with Title 1 and similar State reports.
Proven leadership experience.
Teacher Certification: Administrator Certification preferred.
Five (5) years of exemplary teaching experience.
Two (2) years of administrative or comparable experience.
Evidence of recent and ongoing professional development.
Good verbal and written communication skills.
Able to communicate in oral and written interview; knowledge of current
methodologies and research in education and instruction.
Evidence to support community involvement and leadership.
Satisfactory Criminal Records Check.
EMPLOYEE'S ACKNOWLEDGEMENT OF RECEIPT' - - - - - - - - - - - - -
Rev. 3114
2 of 2
BFDI Educational Services (BES)
JOB DESCRIPTION
Position Title:
Contract:
Reports To:
Office Manager
12 Months
Designated Administrator
Job Summary
Provide leadership within the school in maintaining and monitoring all office
management related functions and activities, including pupil accounting management,
health and safety related issues, and the procurement and monitoring of supplies for the
upkeep and maintenance of the school facility and grounds.
Performance Duties
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Oversee the maintenance, security, and health and safety mechanisms of the
school.
Overse.e the management and control of the student records at the school.
Operate as designated management staff that spearheads and oversees the
school's Health and Safety Committee.
Responsible for assuring the adherence of health and safety policies and
procedures.
Conduct regular reviews of the health, safety, and accessibility of the school
grounds.
Plan and arrange training relative to First Aid, CPR, and other health and safety
related training.
Maintain ongoing records of the quarterly safety checks, as well as monitor the
implementation and results of the test procedures.
Assist with personnel audit with authori.zer as may be requested.
Responsible for seeking reliable, approved vendors or suppliers to provide
quality goods at reasonable prices for the maintenance of the building and
grounds.
Provide supervision of other office staff, as indicated by Administration.
Responsible for monitoring compliance with 25E, and tracking and reporting on
all students from initial count day through supplemental count day.
Responsible for retrieving attendance data, assembling trend data, and other
miscellaneous data collection required for reporting services.
Interpret and communicate school attendance law according to the Pupil
Accounting Manual and State of Michigan Policies.
Responsible for providing support to office staff to maintain accurate data in
Hope Academy's attendance software.
Must have working knowledge of CEPI, BAA, MCIR and MSDS applications to
submit the collections
Responsible for preparing, verifying and submitting student data submissions
required for state reports (for General collections, Early Roster, Student Record
Maintenance, Supplemental Nutrition submission, and assisting with Direct
Certification, and Pupil Accounting submissions.
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Responsible for resolving or requesting new UIC numbers for students as
necessary.
Responsible for keeping appraised of deadlines, new reports required and
changes in report names, due dates, format, content and procedures according
to State requirements and calendars; CEPI and Wayne RESA.
Responsible for monitoring data in the student information system for accuracy
and completeness.
Gather and review attendance data to identify students who are excessively
truant.
Maintain necessary records ensuring confidentiality of students and their families
and prepare related reports.
Collect attendance sheets daily from teachers; identify and correct attendance
code inconsistencies; assure teachers comply with attendance code policy and
procedure; file attendance sheets daily; run electronic reports weekly.
Represent the school during internal and external audits related to attendance.
Responsible for assisting users in extracting data and creating reports from a
variety of data systems as requested.
Must function as a system liaison between Hope Academy and attendance
software vendors.
Attend professional learning opportunities pertaining to pupil accounting.
Responsible for other duties as may be assigned.
Qualifications
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Bachelor's Degree in Business or related field.
Experience with K-12 schools preferred.
Excellent communication and public relations skills to develop and maintain
positive relationships with staff.
Expert level Microsoft Office skills, especially with Excel.
Experience in the administration and support of the attendance management
system Zangle.
Knowledge of CEPI, MSDS, and other State of Michigan K-12 system.
Accurate, organized, and detail oriented, and have a demonstrated ability to work
both independently and as part of a team.
Ability to read, interpret, apply, and explain State or Federal regulations and
requirements affecting activities or pupil accounting.
Demonstrated ability to work with confidential data.
Ability to maintain confidentiality regarding student, parent, and staff information.
Must be flexible in work schedule.
Must have own transportation, valid auto insurance, and valid driver's license.
Must have satisfactory criminal records check, as outlined In the employment
contract and BES Personnel Manual.
EMPLOYEE'S ACKNOWLEDGEMENT OF RECEIPT:
Rev. 3/14
2 of 2
BFDI Educational services (BES)
JOB DESCRIPTION
Position Title:
Contract:
Reports To:
Teacher
10 Months
Academy Director
Job Summary
In a full-time capacity, the academic subject area teacher will facilitate student learning
utilizing a variety of methodologies and curriculum resources to increase student
achievement, and work with an educational team to develop and implement the school
program, and develop an individual learning plan for each student who needs remedial
assistance.
E,erformance Duties
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Develop classroom syllabus, which includes but is not limited to, course objective
and outlines following the school curriculum guidelines and requirements.
Facilitate and communicate knowledge and strategies for learning to students.
Prepare and plan lessons, projects, and a variety of student assessments.
Administer school approved standardized tests.
Demonstrate competency in assigned subject areas, the art of instruction, the
use of multiple teaching strategies and technology.
Teach rules of conduct and appropriate behavior.
Develop individual and group activities, which stimulate growth in the cognitive,
affective, and phys.ical dimensions of each student.
Prepare and maintain accurate and appropriate student attendance and grade
records as outlined by the Principal/CAO.
Prepare and disseminate student progress reports to parents.
Maintain orderly, secure, attractive and nurturing classroom environment
conducive to learning.
Supervise students within the school setting and on school grounds.
Counsel students regarding academic and behavioral problems.
Provide consistent and progressive corrective discipline.
Promote ongoing communication with parents; establish and maintain homeschool relationships.
Participate in school fund-raisers, extra-curricular activities, school-wide annual
programs and social events.
Coordinate field trips.
Other duties as assigned by administrator.
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Qualifications
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Bachelor's Degree in Education, Master's Degree preferred; Certified and Highly
Qualified.
• Teacher Certification
• Minimum of three (3) years of teaching experience preferred.
• Three (3) letters of recommendation.
• Satisfactory performance rating in delivery of instruction and classroom
management.
• Evidence of recent participation in professional development.
• Satisfactory completion of oral and written interview.
• Satisfactory Criminal Records Check.
EMPLOYEE'S ACKNOWLEDGEMENT OF RECEIPT:--·--·--..· - -...
Rev. 3/14
2 of 2
BFDI Educational Services (BES)
JOB DESCRIPTION
Position Title:
Contract:
Reports To:
Math Specialist (K·8)
10 Months
Academy Director
Job Summary
The Math Specialist will help students learn mathemati.cs skills that will contribute to the
development of students and collaborate with core subject teachers to integrate his/her
respective disciplihe into other areas of math.
Performance .Q.\jties
Consult frequently with classroom teachers on matters relating to mathematics
instruction.
• Recommend materials to aid instruction.
• Assist in the evaluation of ongoing programs and make recommendations for
change.
• Assist the Principal and Academy Director in implementing the school
mathematics program.
• Orient beginning teachers and school aides as to the philosophy, procedures and
materials for the school mathematics program.
• Help teachers diagnose math strengths and weaknesses to match skills with
appropriate techniques and materials.
• Work with support staff and school administrators to facilitate the coordination of
the mathematics program with the total curriculum.
• Consult with school administrators by studying such topics as textbook selection,
vocabulary development, concept development, supplementary materials and the
development of study skills.
• Promote interest in mathematics.
• Provide leadership in developing a kindergarten through grade 8 developmental
mathematics program. Work directly with students in grades k·8.
• Give suggestions to all new textbook selections as to the readability of the books.
• Review test results, print labels, process test packets, and all other duties
required.
• Be responsible for implementing and monitoring the plan of remedial
mathematics instruction.
• Assist classroom teachers by providing them with additional materials and/or
strategies for those students who have been identified as being in need of
additional Instruction.
• Work with the classroom teacher to monitor student progress.
• Teach remedial mathematics as needed to students in grades K-8.
• Perform such other tasks and assume such other responsibilities.
• Other duties assigned by Academy Director.
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Requirements
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Bachelor's Degree or higher: Highly Certified and Qualified.
Teacher Certification in assigned teaching area of mathematics as a Math
Specialist.
Previous teaching experience preferred.
Three (3) Letters of Recommendation.
Evidence of recent participation in professional development.
Satisfactory completion of oral and written interview.
Satisfactory criminal records check.
EMPLOYEE'S ACKNOWLEDGEMENT OF RECEIPT:
Rev. 3/14
2 of 2
BFDI Educational Services (BES)
JOB DESCRIPTION
Position Title:
Contract:
Reports To:
Reading Specialist (K-8)
10 Months
Academy Director
Job Summary
The Reading Specialist will help students learn reading skills that will contribute to the
development of students and collaborate with core subject teachers to integrate his/her
respective discipline into other areas of reading.
Performance Dutiel?
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Consult frequently with classroom teachers on matters relating to reading
instruction.
• Recommend materials to aid instruction.
• Assist in the evaluation of ongoing programs and make recommendations for
change.
• Assist the Principal and Academy Director in implementing the school reading
program.
• Orient beginning teachers and school aides as to the philosophy, procedures and
materials for the school reading program.
• Help teachers diagnose reading strengths and weaknesses to match skills with
appropriate techniques and materials.
• Work with support staff and school administrators to facilitate the coordination of
the reading program with the total curriculum.
• Consult with school administrators by studying such topics as textbook selection,
vocabulary development, concept development, supplementary materials and the
development of study skills.
• Promote interest in reading.
• Provide leadership in developing a kindergarten through grade 8 developmental
reading program. Work directly with students in grades K-8.
• Give suggestions to all new textbook selections as to the readability of the books.
• Review test results, print labels, process test packets, and all other duties
required.
• Be responsible for implementing and monitoring the plan of remedial reading
instruction.
• Assist classroom teachers by providing them with additional materials and/or
strategies for those students who have been identified as being in need of
additional instruction.
• Work with the classroom teacher to monitor student progress.
• Teach remedial reading as needed to students in grades K-8.
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Perform such other tasks and assume such other responsibilities.
Other duties assigned by Academy Director.
Qualifications
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Bachelor's Degree or higher; Highly Certified and Qualified.
Teacher Certification in assigned teaching area of reading as a Reading
Specialist.
Previous teaching experience preferred.
Three (3) Letters of Recommendation.
Evidence of recent participation in professional development.
Satisfactory completion of or<1I and written interview.
Satisfactory criminal records check.
EMPLOYEE'S ACKNOWLEDGEMENT OF RECEIPT:
Rev. 3114
2
BFDI Educational Services (BES)
JOB DESCRIPTION
Position Title:
Contract:
Reports To:
Instructional Aide
10 Months
Academy Director
Job Summary
Provide additional classroom support to teachers in assisting students with academic
challenges and helping to remove barriers to learning; provide tutoring to students on
subject matters, as identified by the classroom teacher; provide other support to
students as may be indicated, including during school programming, lunch time, and
after school.
Performance Duties
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Provide instructional support for students as identified by the classroom teacher.
Assist children in learning class material.
Provide students with individualized attention.
Supervise students in the lunchroom and at recess.
Assist teachers on field trips.
Grade papers and tests, and check homework when not providing instructional
support.
Set up equipment and help prepare materials for instruction.
Work with students individually or in small groups.
Participate in teamwork activities.
Reinforce class work and/or help students find information for reports.
Assist with special projects or exhibits, such as for a science demonstration.
Maintain a daily log regarding instructional assistance for students.
Other duties as may be assigned by the Administrator.
Qualifications
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Two (2) Year Associate's Degree (60 college credits), or passing the State's
assessment.
Experience in establishing supportive and open relationships with students.
Experience in working with elementary aged students.
Satisfactory Criminal Records Check.
EMPLOYEE'S ACKNOWLEDGEMENT OF R E C E I P T : - - - - - - - - - - - -
Rev. 4/14
1of1
BFDI Educational Services (BES)
JOB DESCRIPTION
Position Title:
Contract:
Reports To:
Receptionist
12 Months
Office Manager
Job Summary
Responsible for greeting and assisting all individuals and visitors calling the school or
entering the school and reporting to school reception office; responsible for consistently
presenting a respectful presentation and communication style to all visitors and
individuals; represent the school as the first impression for individuals and visitors
calling or entering the school.
Performance Duties
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Provide all visitors with a pass for movement throughout the building, and ensure
that all visitor movement has been approved prior to providing a visitor's pass.
Maintain a daily sign-in sheet of all visitors entering the building.
Receive and screen telephone calls and accurately record and distribute
messages.
Greet and process visitors to the school.
Process students late to school and students leaving school early.
Communicate with students and direct them to appropriate staff members.
Administer first aid to students for minor injuries.
Operate standard office equipment (computer, copier, calculator, etc.)
Maintain school calendar of events.
Type memorandums and basic letters.
Respond and disseminate information related to general activities and operation
of the school.
Fite information in student files.
Disseminate requests for student records and maintain records accordingly.
Participate in teamwork activities.
Assume other duties, as may be assigned by the Administrator.
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Qualifications
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High school diploma or equivalent; Business School or college coursework
preferred.
Previous secretarial experience.
Strong verbal and written skills; Strong organizational skills.
Ability to operate standard office equipment.
Three (3) letters of recommendation.
Satisfactory completion of typing test and oral and written interview.
Satisfactory Criminal Records Check.
EMPLOYEE'S ACKNOWLEDGEMENT OF R E C E I P T : - - - - - - - - - - - - -
Rev. 4/14
2 of 2
BFDI Educational Services (BES)
JOB DESCRIPTION
Position Title:
Contract:
Reports To:
Student Records Clerk
10 Months
Office Manager
Job Summarv
To maintain accurate, accessible, and well organized records of each grade K-8
student; ensure the efficient movement and filling of appropriate data into the student
records in a timely and well organized manner; and ensure that all student records are
maintained in a safe, secure, and confidential manner.
Performance Duties
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Create and/or maintain permanent student record files and maintain records in a
secure, locked, and safe file cabinet.
Ensure that student grade labels are affixed to the student files at the end of
each grading period.
Ensure that test labels are affixed to the appropriate student files as they become
available.
Process all required data in student files for enrollment or withdrawal from the
school
Maintain a log of all student files received from other districts, and maintain a log
of all student files that are forwarded to another district.
Purge student records and prepare the files for transfer to other districts.
Assist in the enrollment of new students; secure all necessary enrollment data.
Verify withdrawal of new students from previous school and request records.
Ensure that all required information is filed in student files accurately and in a
timely manner.
Participate in teamwork activities.
Assume other duties as assigned.
Qualifications
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High school diploma or equivalent.
Strong ability in the detailed and accurate performance of the aforementioned
duties.
Strong verbal and written skills; Strong organizational skills.
Computer proficiency; Ability to operate standard office equipment.
Satisfactory Criminal Records Check.
EMPLOYEE'S ACKNOWLEDGEMENT OF R E C E I P T : - - - - - - - - - - - - Rev. 4/14
1of1
BFDI Educational Services (BES)
JOB DESCRIPTION
Position Title:
Contract:
Reports To:
Executive Assistant
12 Months
Principal/Chief Academic Officer (CAO)
Job Summary
Responsible for providing executive level administrative assistance and high level
clerical support to the Principal/CAO, as well as perform other secretarial/clerical duties
for the school, as may be requested by the Principal/CAO.
Performance Duties
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Complete accurate and timely required monthly, quarterly, and/or annual reports
as required by the Principal/CAO.
Keep a log of all reports that are submitted indicating the date of submission and
who the documents were submitted to.
Accurately take dictation, transcribe, type, and distribute memorandums, letters,
correspondence, meeting minutes, notices, proposals, reports, and various forms
and documents as needed and within prescribed time frames, as determined by
the Principal/CAO.
Create database, forms, tables, charts, records, and spreadsheets utilizing
appropriate computer software.
Compile data for Board, state, and federal reports.
Proofread and edit drafts and final copy materials for appropriate and consistent
format, accuracy of dates, punctuation, spelling, and grammar.
Greet and screen visitors (in the absence of the Receptionist).
Receive and screen telephone calls for the Principal/CAO, and accurately record
messages.
Maintain and update the Principal/CAO's calendar on an ongoing basis.
Maintain school's calendar of events and update on a regular basis and distribute
timely to the appropriate staff.
Arrange/schedule meetings, conferences, interviews, and appointments as
requested by the Principal/CAO or designee.
Classify and sort mail, files, correspondence, and documents as requested by
the Principal/CAO.
Assist in ordering school supplies and textbooks as requested by the
Principal/CAO.
Participate in teamwork activities, as requested by the Principal/CAO.
Assume other duties, as may be assigned.
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Qualifications
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High school diploma or equivalent; Business School or college coursework
preferred.
Proficient in Microsoft Word, Excel, and desktop publishing programs.
Previous secretarial experience.
Strong verbal and written skills.
Strong organizational skills.
Able to maintain confidentiality.
Self-motivated.
Ability to operate standard office equipment.
Three (3) letters of recommendation.
Satisfactory completion of typing test and oral and written interview.
Satisfactory Criminal Records Check.
EMPLOYEE'S ACKNOWLEDGEMENT OF R E C E I P T : - - - - - - - - - - - -
Rev. 4/14
2 of 2
BFDI Educational Services (BES)
JOB DESCRIPTION
Position Title:
Contract:
Reports To:
Accounting Clerk Ill
12 Months
Designated Administrator
Job Summary
Act as liaison between vendors to assure that organizational goals and
procedures are being met. Must have working knowledge of processing and
posting, accounts payable, payroll and related taxes, and how these processes
interface with the general ledger. Experience in related areas such as double
entry process, contract compliance, imprest petty cash accounting, check
reconciliation, chart of accounts, typing, and willingness and ability to work in
other accounting departments are required as well.
Performance Duties:
1.
Accounts Payable : Prepare and post accounts payable upon
verification and Purchasing and Accounts Payable Policy compliance by:
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Entering invoices into Cougar Mountain Software.
Run and review accounts payable edit journal for accuracy.
Run accounts payable ageing.
Run accounts payment status report.
Prepare checks for payment.
Type checks as required for vendor payment
Post checks to check register
Prepare cash disbursements
Other duties as assigned.
Payroll Processing: Staff in this position may be required to prepare
monthly; payroll, fringe & mileage distribution worksheets allocates
distributions of labor, fringes and mileage cost to each specific program.
Prepare monthly payroll expense worksheet which list general ledger
payroll entry. Prepares payroll in accordance with established policy and
procedures of Agency and Payroll Processing company. Insures that all
payroll related entries match Payroll Policy and accurately match source
documents to:
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Time Sheets
Mileage Sheets
Voluntary and Involuntary Deductions
Employee Change Forms
Tax and W-2 forms
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PA Forms
Employment Letters
Resignation Letters
Payroll Edit Report
Payroll Processor Reports & Summaries
Reports Required for Payroll & Accounts Payables Processing:
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Payroll Budget Allocation Journal - bi-weekly.
Cash Payments Allocation Journal - bi-weekly.
Check Register - daily.
Accounts Payable Ageing - monthly (Due by the 15th of the
following month).
Check reconciliation - monthly (Due by the 15th of the month).
Cash request form - as required.
Qualifications
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Associates Degree in Business or Accounting related field preferable, as
well as 8 years experience as a bookkeeper.
Working knowledge of office machines such as calculators, check
protectors, typewriters, and computers.
Working knowledge of computer spreadsheet software, preferably
Microsoft Office, and General Accounting software as well.
Satisfactory Criminal Records Check.
EMPLOYEE'S ACKNOWLEDGEMENT OF R E C E I P T : - - - - - - - - - - - Rev. 4/14
BFDI Educational Services (BES)
JOB DESCRIPTION
Position Title:
Contract:
Reports To:
Attendance Liaison
10 Months
Designated Administrator
Job Summary
The Attendance Liaison is responsible for working in collaboration with school
administrators, teachers, school social workers, and parents in monitoring student
attendance and the time they report to school on a daily basis. A key responsibility also
includes investigating and counseling students with excessive attendance problems, as
defined by more than one absence monthly from classroom time.
Performance Duties
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Implement with model fidelity the Hope Academy attendance matrix, which
focuses on daily attendance, tardiness, chronic late pickup, and social work
intervention.
Assess student and family needs and issues that present as barriers to excellent
school attendance and timely reporting to school.
Gather and review attendance data daily to identify students who may be
demonstrating excessive attendance or timely reporting.
For those students with attendance problems, make outreach to the parents by
in-home visits to assess the family environment that may present as a barrier to
attendance.
In collaboration with school staff, school social workers, and parents, develop
interventions for students with excessive attendance or timely reporting.
Implement case management services, including individual counseling,
monitoring student and family progress, and making referrals to other
professional or community agencies, as may be needed.
Serve as a liaison between the school and other social service agencies, court
services, and law enforcement regarding excessive student attendance problems
and school truancy.
Advance Hope Academy's participation in the Erase Truancy Program in
collaboration with the Detroit Police Department, the Wayne County Prosecutor's
Office, and the Wayne County District Court.
In collaboration with other school personnel, initiate legal proceedings to enforce
compulsory attendance logs; and prepare information for referrals to court
hearings for students and families in violation of the attendance laws.
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Assist with designing and implementing truancy prevention programs within the
school, and consider incentivizing both student and parent participation in the
truancy prevention programs.
Maintain necessary records on each student and maintain confidentiality of all
student and family records, as required by the school's policies and procedures.
Serve as a role model for students and staff in demonstrating positive attitudes in
working with students, parents, and other staff.
Qualifications
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Minimally a Bachelor's Degree in Counseling, Social Work, Psychology,
Education, or related field, with experience providing services for school-age
children.
Must possess a demonstrated knowledge and understanding of attendance laws,
regulations, intervention/prevention strategies, and referral sources.
Must possess excellent assessment, case management, interpersonal, and
communication skills.
Must possess the ability to establish and maintain effective, respectful working
relationship with students, parents, staff, and outside agencies.
Satisfactory Criminal Records Check.
EMPLOYEE'S ACKNOWLEDGEMENT OF R E C E I P T : - - - - - - - - - - - - -
Rev. 4/14
2 of 2
BFDI Educational Services (BES)
JOB DESCRIPTION
Position Title:
Contract:
Reports To:
School Social Worker
12 Months
Academy Director
Job Summary
School social workers assist St1Jdents with academic learning by providing
strategic services that identify and address the social-emotional-environmental
issues that interfere with the educational process. Working with
parents/guardians, teachers, school principal/principal's designee, and
community based resources, the school social worker implements strategies that
promote students' positive school adjustment. Each school social worker is
assigned based upon identified needs of the student population. This position
receives support from the Academy Director in consultation with BES Social
Work Consultant or subject matter expert.
Performance Duties
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Identify and assess academic problems through analysis of factors
impinging on student adjustment including factors in the home, school,
and community.
Serve as a liaison between families and the school to positively promote
collaborative processes in educational planning for students by
encouraging parent/guardian participation iri the school setting.
Complete psychosocial assessments to assist in the determination of
special education services.
Determine and implement appropriate therapeutic strategies to affect
changes in behavioral -social interactions of students and their families.
Provide individual and group therapeutic counseling to students and their
families.
Provide parent/guardian educational workshops on identified issues
related to child development, stress reduction, discipline and safety, and
teacher/parent/student communication.
Collaborate with school staff and other school system personnel in
implementing strategies to promote student learning.
Participate as members of the IEP, SST, and other school based teams to
develop interventions for promoting students' academic success.
Serve on both school-based and system-wide committees to address
educational issues, adjustment problems, safety issues, and program
development for students.
Provide crisis intervention services.
Provide social work case management for students and families.
Provide staff consultation on behavioral-emotional-environmental issues
affecting student participation in the learning process.
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Conduct staff development on issues related to social-emotionalenvironmental factors that impact learning.
Develop programs to address parent/guardian participation in the school
and student engagement in the educational process.
Conduct classroom meetings, psycho-educational social skills groups, and
classroom presentations on identified areas of concern for the students.
Maintain required clinical records and submits appropriate documents for
statistical reports with adherence to program standards in school social
work.
Conduct home visits related to establishing communication and positive
connections between the parent/guardian and school setting around
identified issues.
Complete risk assessments on referred students.
Complete functional behavior assessments on identified students.
Complete classroom observations.
Serve as liaison with community agencies and assists in fostering
communication between schools, parents/guardians, and community
leaders.
Locate and mobilize community resources to support the educational
program.
Attend meetings and professional development activities as required.
Qualifications
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Licensure by the State of Ml Department of Licensing and Regulatory
Affairs Board of Social Work, School Social Work Approval by State of
Michigan Department of Education.
Must maintain licensing standards compliance with the State of Michigan.
Required to take CEU credits.
An understanding of the IEP process; familiarity with State of Michigan
special education rules and regulations;
Substantial expertise in urban education, including significant work with
elementary school families and students as partners in learning, and
integration of a wide range of unique, community resources.
Ability to work with students and families
Completed employment package, including letters of recommendation
Employee must be flexible in work schedule . Employee mt,1sl have own
transportation, auto insurance and valid driver's license. Employee must
have a satisfactory criminal records check as outlined in the employment
contract and BES Personnel Manual.
EMPLOYEE'S ACKNOWLEDGEMENT OF R E C E I P T : - - - - - - - - - - - -
Rev. 3114
2 of2
BFDI Educational Services (BES)
JOB DESCRIPTION
Position Title:
Contract:
Reports To:
Noon Hour Aide
10 Months; Part-Time
Designated Administrator
Job Summarv
Responsible for providing oversight, supervision, monitoring and support in
collaboration with other school personnel for all students during the school lunch time
and/or other food service time within the school.
Performance Duties
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Ensure that all students have access to food service during the time of food
distribution to students.
Ensure that students are able to have access to food service in a safe and
supportive environment.
Provide monitoring and supervision of all student movement during the food
service time frame.
Report and complete an incident report on any unusual incidents related to
student health and safety, as may be appropriate, during the food service time
frame.
Qualifications
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High school diploma or equivalent.
Strong verbal and written communication skills.
Skillful ion providing respectful and supportive communication to students and
other school personnel.
Skillful in establishing respectful and supportive relationships with students, staff,
and visitors.
Maintain confidentiality, as required by school policies and procedures.
Satisfactory Criminal Records Check.
EMPLOYEE'S ACKNOWLEDGEMENT OF R E C E I P T : - - - - - - - - - - - - -
Rev. 4/14
1of1
BFDI Educational Services (BES)
JOB DESCRIPTION
Position Title:
Contract:
Reports To:
Instructional Coach
Contractual
Principal/Chief Academic Officer (CAO)
Job Summary
The Instructional Coach's role is non-supervisory. The role of the Instructional Coach is
separate and apart from the evaluative role of the Principal/CAO or supervisor of the
teacher. The Instructional Coach is responsible for bringing evidence-based practices
into classrooms by working with and supporting teachers and administration with the
goal of increasing student engagement, improving student achievement, and building
teacher capacity. The coach will play a strong role in the analysis and utilization of
student achievement data to impact instructional decision making. The focus of the
coach's work is to help teachers learn to use data for instructional planning that will
have a positive impact on student achievement. The coach works as a colleague with
classroom teachers to support student /earning. The coach focuses on individual and
group professional development that will expand and refine the understanding about
researched-based effective instruction.
Performance Duties
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Identifies school teaching and learning needs, barriers, and weaknesses by
analyzing student data, and organizing and implementing problem-solving
actions with teachers.
Facilitates the intellectual and professional development of teachers.
Creates positive relationships with teachers and administrators.
Communicates and demonstrates research-based instructional practices that
result in increased student performance.
Communicates effectively with all members of the school district and community.
Reacts to change productively and handle other tasks as assigned.
Supports the value of an education.
Identifies school-based professional development, working with teachers (in
teams or individually) to refine their knowledge and skills. Professional
development could include, but not be limited to, in-class coaching, observing,
modeling of instructional strategies, guiding teachers in looking at student work,
developing lesson plans with teachers based on student needs, supporting data
analysis, supporting the integration of technology, and co-planning with teachers.
Monitors instructional effectiveness and student progress using tools and
strategies gained through professional development.
Builds and maintains confidential relationship with teachers. The conversations
and interactions that the coach has with teachers must always remain
confidential so that a high level of trust is created and maintained between the
teacher and the coach. Exceptions to this include imminent physical or
psychological danger to the students.
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Qualifications
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Master's Degree in Education; Certified and Highly Qualified.
Appropriate Michigan State Teaching Certification or eligibility for such
certification.
A minimum of five years successful teaching experience in Math or ELA.
Previous successful experience coaching adult learners.
Demonstrated ability to work effectively and as part of a team.
Satisfactory Criminal Records Check.
EMPLOYEE'S ACKNOWLEDGEMENT OF R E C E I P T : - - - - - - - - - - - -
Rev. 4/14
2 of 2
EXHIBITC
HOPE ACADEMY_GRADES K-&
1.
Copy of the Chatter Contract with Attachments, Schedules and Amendments
2.
Copies of the executed Constitutional Oath of public office form for each setving Direct01·
3.
List of currently serving Directors with name, address, and term of office
4.
Copy of the Academy Board 's meeting calendar
5.
Copy of public notice for all Academy Board meetings
6.
Copy of Academy Board meeting agendas
7.
Copy of Academy Board meeting minutes
8.
Copy of Academy Board approved budget and amendments to t!1e budget
9.
List of bills paid for amounts of$10,000.00 or more as submitted to the Academy Board
10.
Copy of the quarterly financial reports submitted to the [Charter Schools Office]
11.
Copy ofcurriculun1 and other educational materials given to the [Charter Schools Office]
12.
Copy of School Improvement Plan (if' required)
13.
Copies of facility leases, mortgages, modular leases and/or deeds
14.
Copies of equipment leases
15.
Proof of ownership for Academy owned vehicles and portable buildings
16.
Copy ofAcademy Board approved management contract with Educational Service Provider
17.
Copy of Academy Board approved services contract(s)
18.
Office of Fire Safety certificate of occupancy for all Academy facilities
19.
MDE Jette1· of continuous use (if required)
20.
Local County Health Department food service permit (if required)
21.
Asbestos inspection report and asbestos management plan (if required)
200372127. l 21905109346 I
22.
Boiler inspection certificate and lead based paint survey (if required)
23.
Phase I environmental report (if required)
24.
List of current Academy teachers and school administrators with their individual salaries as submitted
to the Registry of Educational Personnel
25.
Copies of administrator and teacher certificates or penni1B for all current administrative and teaching
staff
26.
Evidence of fingerprinting, <.-~irninal back-grotmd and record checks and unprofe&'lional condnct check
required by the Code for al I Academy teachei~ and administrators
27.
Academy Board approved policies
2 8.
Copy of the anrrual financial audit and any management letters issued to the Academy Board as part
of the audit
29.
Proof of insurance as required by the Contract
30.
Any other information specifically required tmder Public Act 277 of2011
HOPE ACADEMY
At a special meeting of the Board of Directors of Hope Academy, County of Wayne,
Michigan (the "Academy"), held at the Academy on the 25th day of March, 2014 at ---6_~
p.m., local time.
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PRESENT:
Members
ABSENT:
Members
lev:.+n ce t'Ct 5 J.eso ii} lfec.A Hurt-_J~5e/a (~/[c1
R.Cl01h1 mcNe,-1} Debor-,-,), NcwM.~5:1A-'t:i!"f2,.
N
A
~---t~~~~~~~~~~~~~~~~~~~~
RESOLUTION APPROVING EDUCATIONAL SERVICE PROVIDER AGREEMENT
BETWEEN THE ACADEMY BOARD AND BFDI EDUCATIONAL SERVICES, L3C
WHEREAS, the Hope Academy Board of Directors desires to enter into an Educational
Service Provider Agreement ("ESP Agreement") with BFDI Educational Services, L3C (BES),
effective Aprill, 2014;
WHEREAS, each Board member was given an opportunity to review the proposed ESP
Agreement with the Academy's legal counsel;
WHEREAS, the Academy Board has been requested to approve the final ESP Agreement
between the Academy Board an.d BES with a formal vote at a public meeting at which the public
was given an opportunity for comment on the proposed ESP Agreement; and
WHEREAS, the Academy Bo.ard acknowledges that the ESP Agreement is an armslength, negotiated Agreement between the Academy Board and BES.
THEREFORE, BE IT RESOLVED that the Academy Board hereby approves the ESP
Agreement between the Academy Board and BES, effective April I, 2014;
BE IT FURTHER RESOLVED that each Academy Board Member present at this public
Board meeting shall execute the Authorizer, Eastern Michigan University Charter Schools'
Exhibit E, Educational Service Provider Policies post-Approval Certification.
200414157.121905/093461
[Signature Page for Resolution Approving ESP Agreement Between the Hope Academy
Board and BES ]
The undersigned duly qualified and Secretary of the Board of Directors of Hope Academy,
County of Wayne, Michigan, hereby certifies that the foregoing is a true and complete copy of a
Resolution adopted by the Board of Directors at a special board meeting held on March 25, 2014,
the original of which Resolution is a part of the Board's minutes, and further certifies that notice
of the meeting was given to the public under the Open Meetings Act, Act 267, Public Acts of
Michigan, 1976, as amended.
200414157.121905/093461