CHALLENGE CHARTER HIGH SCHOOL PETITION
I. MISSION AND VALUE STATEMENT
Challenge Charter High School will provide expanded opportunities for student growth in three challenge areas: Educational Challenge, Personal Challenge, and Social Challenge. Development of these goals will aid students’ unique needs toward becoming complex thinkers and self-directed learners who are quality producers contributing to the community.
II. AFFIRMATIONS
1) Challenge Charter High School will be nonsectarian in its programs, admission policies, employment practices, and all other operations.
2) Challenge Charter High School shall not charge tuition.
3) Challenge Charter High School will not discriminate against any student or employee on the basis of ethnicity, origin, gender or disability, nor on any other basis prohibited by law.
4) Admission to Challenge Charter High School shall be open to all students in grades nine through twelve residing in Butte County and adjacent, Glenn and Yuba counties who wish to attend the school. However, if the number of pupils who wish to attend Challenge Charter High School exceeds the school’s capacity, attendance, except for existing pupils of the charter school, shall be determined by a public random drawing. Preference shall be extended to pupils currently attending the charter school and pupils who reside in the district.
5) Challenge Charter High School will be operated in accord with the California State Constitution.
6) The Oroville Union High School District is a school district existing under the laws of the State of California and is referred to throughout this charter as the "District."
7) The Charter School has been developed by the staff, students and community members of Challenge Charter High School and is subject to approval by the District on or before July, 2009. Challenge Charter High School is referred to throughout this charter as the "Charter School."
8) Oroville Union High School District is the sponsoring District of the Charter School.
9) It is the intent of the Charter School and the District to work together amicably; to make every effort necessary to share resources and implement the provisions of this charter; and to create an innovative education program to benefit the students of the Charter School. The Charter School Administrator(s), the Directors of Curriculum ("Directors"), the Charter School Advisory Council, the District Superintendent, and the District Board of Trustees will foster relations between the Charter School and the District and encourage open, honest, and friendly discussions between the two entities.
III. EDUCATIONAL PROGRAM
This section is intended to fulfill the requirements of Education Code Section 47605(b)(5)(A) which requires :
"A description of the educational program of the school, designed, among other things to identify those whom the school is attempting to educate, what it means to be an "educated person" in the 21st century, and how learning best occurs. The goals identified in that program shall include the objective of enabling pupils to become self-motivated, competent, and lifelong learners"
A. Program Basics
Parents/guardians/care providers, students, and staff will work together to determine educational goals and objectives that will meet the needs of the individual student. The basis of these goals and objectives will be those listed in the California State Curriculum Framework Guidelines.
Philosophical and religious beliefs are of no concern to Challenge Charter High School as long as they do not interfere with the student’s ability to proceed with their learning.
Parents/Guardians/Care providers and students will sign a contractual agreement (the student handbook) between student, parent/guardian/care provider and the school in concurrence with the established goals and objectives, the manner in which the student will meet the goals, and stipulations of assessments.
The staff of Challenge Charter High School are dedicated and committed to providing as many learning opportunities and choices as possible to parent and students. The staff encourages active participation by both students and parents to maintain these learning opportunities.
Challenge Charter High School provides students the opportunity to create a bridge between the school and the community, challenge each student to excel in areas of special interest, and provide alternatives for students to achieve competency in basic skills.
Challenge Charter High School shall on a regular basis consult with its parents and teachers regarding the school’s education programs.
Special education services will be provided and will be inclusive in the program as described in Section XXII of this Charter.
B. Whom the School is Attempting to Educate
Challenge Charter High School will attempt to educate students in grades 9-12 who desire a learning environment different from the comprehensive high school environment for whatever personal reasons they or their care providers may have.
C. What it Means to be an Educated Person in the 21st Century
Challenge Charter High School identifies an educated person in the twenty-first century to mean a person who is literate, can understand and function sufficiently in the world around him or her, has an overview of the history of mankind and all its diversity, has an understanding of the political processes, has an ability to solve mathematical problems and think scientifically, and has the values necessary to enhance the world in which he or she lives. This person is one who has realized his or her own special talents, whether it be in the arts, sciences, or other areas.
D. How Learning Best Occurs
Charter School students, parents/care providers, staff and teachers, believe that learning best occurs when:
1) Learning styles are tailored to each individual student’s needs
2) Real life "context-based" learning is emphasized.
3) There is enrichment through field trips, career experience, community service, etc.
4) When School is viewed as one aspect of education and the entire community serves as the school campus.
E. Goals and Objectives
The objective of Challenge Charter High School is to enable students to become self-motivated, competent, life-long learners, who posses the ability to learn, a diverse yet well developed set of interests, and the desire to master academic skills to the best of his or her ability.
Other objectives of the Challenge Charter High School include, but are not limited to the following:
1) Challenge Charter High School students will on average perform and achieve as well as, or better than, students in traditional California public schools.
2) Students will be intrinsically motivated, through the provision of interesting, worthwhile and creative learning opportunities that will achieve competency in basic academic skills including oral and written communication and technology, derived and agreed upon by the student, care provide, and teacher.
3) Students will be encouraged to participate in concurrent enrollment with local community colleges motivating them to continue their educational growth after graduating from Challenge Charter High School and throughout their lives.
4) Students will be encouraged to participate in career or vocational mentoring opportunities enabling exploration of future interests.
5) Students will be encouraged to participate with community service projects developing community interest, pride, and awareness.
IV. MEASURABLE PUPIL OUTCOMES
This section is intended to fulfill the requirements of Education Code Section 47605(b)(5)(B) which requires:
"The measurable pupil outcomes identified for use by Challenge Charter High School."
Students will demonstrate competency in the three challenge area goals, educational challenge, personal challenge, and social challenge. The extent to which students achieve these challenge areas is determined by achievement of the student standards:
Educational Challenge
Students will be immersed in rigorous academics that address state and district standards and meaningful activities which will enable them to choose any course of post-secondary education.
Challenge Charter students are expected to perform their best on all tests including but not limited to in-class, state, and nationally normed tests. Test taking skills are essential for the many tests students will experience in college and in some careers. Specific state and federally mandated tests give students the opportunity to demonstrate their knowledge and give teachers and administrators important feedback about the effectiveness of both curriculum and instructional delivery.
B. Personal Challenge
Student understands HEALTH:
1) Student understands acceptance of personal responsibility.
2) Student understands the importance of life-long physical health.
3) Student understands ways to prevent illness and disease.
4) Student understands preventative behavior involved in potentially dangerous situations.
5) Student understands how to play an active role in promoting health.
6) Student understands a variety of physical, mental, emotional, and social changes that occur throughout life with individual differences in growth and development.
7) Student understands, through participation, the importance of lifetime leisure and recreation.
Student appreciates PHYSICAL FITNESS by participation:
1) Student has a program to support fitness that develops strength, endurance, and personal fitness.
2) Student maintains a log to document activity, time, hours completed and content areas covered. Parent/Guardian signatures are required to verify the Physical Education Log and student progress.
3) Student participates in focus group learning sessions for fitness.
Student appreciates VISUAL AND PERFORMING ARTS:
1) Student demonstrates understanding of the concepts applied to art forms.
2) Student understands that the arts reflect, play a role in, and influence culture.
3) Student demonstrates and understands criteria developed and used to assess the qualities and merits of works of art.
4) Student demonstrates an understanding of form, structure, and content in the arts.
5) Student demonstrates an understanding of the arts by analyzing and interpreting what is presented.
6) Student demonstrates an understanding of foreign language by verbal and written skills.
Student realizes his/her own SPECIAL INTEREST, TALENTS, AND ABILITIES.
C. Social Challenge
Student applies knowledge in TECHNOLOGY:
1) Student demonstrates keyboarding skills.
Student demonstrates knowledge of word processing, spread sheets, and data base programs
Student appreciates COMMUNITY INVOLVEMENT through COMMUNITY PROJECTS.
Student identifies VOCATIONAL AREAS OF INTEREST through exploration or research.
V. METHOD FOR MEASUREMENT OF PUPIL OUTCOMES
This section is intended to fulfill the requirements of Education Code Section 47605(b)(5)(C) that requires:
"The method by which pupil progress in meeting those pupil outcomes is to be measured."
While all students will achieve the required standards by graduation, not all will progress at the same rate. Evaluation of that progress is based on individual abilities, interests, and talents. Student growth will be assessed quarterly.
Reporting of student growth to parent/guardian/care provider(s) will be in accordance with the district. Progress reports will be standard procedure and available upon parent or student request. Communication of a student in danger of failing will be the responsibility of the teacher. The interval(s) of such notice will be at the teacher’s discretion or by an agreement between the parent/guardian and the teacher by phone, email and/or first class mail. A teacher will determine a student is failing when the objective standards are not being met and/or student is producing low daily grade scores on work performed.
Methods by which student progress will be assessed:
1) Collection of work (authentic assessment) and performance-based grading standards.
2) Curriculum-based measures which identify specific, site-based outcomes and measure student mastery of those outcomes.
3) Semester report cards.
4) Direct parent/teacher observation and communication.
5) Student projects and/or oral presentations
6) Norm and criterion referenced tests
Challenge Charter High School shall meet all statewide standards and conduct the pupil assessments required pursuant to Education Code Section 60605 and any other statewide standard authorized in statute or pupil assessments applicable to pupils in non-chartered schools.
Grading procedures will be based on the following percentage basis:
A Grade = 90-100% B Grade = 80-89% C Grade = 70-79% D Grade = 60-69%*
F Grade = 0-59%
*Some core subjects letter grade D may not be applicable.
VI. GOVERNANCE STRUCTURE
This section is intended to fulfill the requirements of Education Code Section
47605(b)(5)(D) which requires:
"The governance structure of the school, including, but not limited to, the process to
be followed by the school to ensure parental involvement"
A. Advisory Council
Challenge Charter High School will be advised by an Advisory Council consisting of five voting members:
1) Two voting parent members elected annually amongst all Charter School parents;
2) Two voting student members elected annually amongst all Charter School students;
3) One voting representative from business and/or industry appointed annually by the Directors;
The Advisory Council will meet monthly and as needed and will be responsible for the following:
1) Recommendations to the Charter School Administrator regarding the Charter School’s accountability and vision;
2) Recommendations to the Charter School Administrator regarding development of the Charter School calendar;
3) Development, implementation and maintenance of Advisory Council bylaws and procedural bylaws;
4) Recommendations to the Administrator and Directors regarding development and implementation of curriculum planning regarding the innovative directions of the Charter School;
5) Election of an Advisory Council President.
6) Participation in the dispute resolution process when necessary.
7) Foster amicable relations between the Charter School and the District and facilitate a sharing of resources between both entities.
28423) Make recommendations to the Charter School Administrator regarding the encouragement of parent participation in the Charter School.
28424) Parent Outreach.
28425) Assist the Charter School Administrator in planning social and fund raising events for the Charter School.
28426) Assist the Charter School Administrator in the parent-student grant committee requirements.
28427) Acceptance of charitable donations or gifts to the Charter School.
28428) All meetings will be noticed and open to the public.
14) All recommendations of the Advisory Council must be made by a majority vote.
B. Directors of Curriculum
At all times, the Charter School shall maintain three (3) Directors of Curriculum (hereinafter referred to throughout this Charter as "Directors"). The Directors shall be teachers of Challenge Charter High School. The Directors will attend all Advisory Council meetings and serve in an advisory capacity to the Advisory Council.
In the event one or more of the Directors cease to be employed with the Charter School or no longer wish to hold the position of "Director of Curriculum," the remaining Director(s) and the Charter School Administrator will appoint by a majority vote additional Directors from the teachers of the Charter School to maintain three Directors at all times. If only one Director remains, and the remaining Director and the Charter School Administrator can not agree on which teachers to appoint to Director positions, the District Superintendent will cast a vote regarding the appointment.
The Directors will be responsible for advising the Administrator on decisions related to curriculum and the innovative direction of the Charter School. Such recommendations include but are not limited to:
1) Selection of textbooks
2) Selection of computer programs
3) Selection of learning programs
4) Selection of and implementation of the grading scale
5) Student career development
6) Student counseling
7) Initiation and implementation of new curriculum or classes
8) Selection of extra-curricular activities
9) Participation in the Charter School dispute resolution process
10) One of the three Directors will be appointed to act in an administrative capacity in the absence of the Charter School Administrator(s) for reason of:
a. sickness
b. administrative duties
c. vacation
d. temporary vacancy in position
All Directors will participate on the committee to select the Charter School Administrator(s).
All Directors may draft interview questions which will be used on the committee to select the Charter School Administrator.
All Directors will foster relations between the Charter School and the District and facilitate a sharing of resources between both entities.
Participation in an advisory capacity to the Advisory Council shall not disqualify any employee of the Charter School from the full exercise of any right or the entitlement to any benefit afforded employees of the school and the Chartering District.
C. Administrator(s)
The Charter School Administrator will be hired by the District Board of Trustees upon the recommendation of the majority of a committee consisting of one member of the Board of Trustees, all Directors, and the Superintendent. The Directors are responsible for drafting the interview questions to be asked of candidates for the position of Charter School Administrator. The members of the Committee may by a majority vote eliminate or add to the questions drafted by the Directors. Any one member of the committee representing a position other than the majority or representing a position other than the recommendation to the Board of Trustees may present to the Board of Trustees regarding recommendations for the Administrator position.
The Charter School Principal will work full-time within the Charter School. The cost of the Charter School Administrators’ salary will be paid for by the Charter School.
The Charter School Administrator(s) will have an Administrative credential.
As the Charter School provides a unique educational setting for students where all Charter School employees interact daily with students and each other, the Charter School Administrator to be chosen should demonstrate during his or her interview that based on past experience and responses to interview questions that he or she is willing to participate frequently on a very involved level with all students and Charter School employees.
The Charter School Principal communicates directly with the Advisory Council, the Directors and the Oroville Union School District Board of Trustees through its Superintendent. The Charter School Principal is
responsible for administration of the Charter School. These responsibilities include, but are not limited to:
1) Attendance at District Board of Trustees meetings will be required as needed, all Advisory Council meetings, and all District Administrative Site meetings.
2) Participation on the hiring committees for all Charter School personnel.
3) Drafting interview questions to be used by the Hiring Committees.
4) Development and Administration of the Charter School Budget in accordance with the timelines followed by the Oroville Union High School District and generally accepted accounting principles. In developing the budget the Charter School Principal shall seek input and advice from all Directors and the Assistant Superintendent of Business, and all others interested parties.
5) Make budget line item revisions when necessary with final approval of the District Board of Trustees.
6) Oversee parent/student/teacher relations.
7) Attendance at IEP meetings.
8) Student Disciplinary matters.
9) Personnel issues.
10) Site safety.
11) Fostering an amicable relationship between Charter School and District and facilitate a sharing of resources between both entities.
12) Scheduling.
13) Graduations.
14) Working with District and Charter legal counsel
15) Staying abreast of Charter School laws and legislation.
16) Communicating the recommendations of the Advisory Council to the Board of Trustees either through the District Superintendent or if requested directly to the Board at Board meetings.
17) Communicating the decisions, recommendations and concerns of the District to the attention of the Advisory Council and Charter School teachers and staff.
18) Develop annual performance audit.
19) Present performance audit to the Advisory Council and upon review of the Advisory Council present audit to the Board of Trustees and the District Superintendent at the second Board of Trustees meeting in July.
20) Approve all pay warrants and requisitions and forwarding them along to the Assistant Superintendent of Business.
21) Participation in the dispute resolution process.
22) Conduct personnel evaluations.
23) Plan and coordinate student orientation.
24) Oversee, with the assistance of District personnel as appropriate, SAT, PSAT, Golden State, ASVAB, and Norm Reference exams.
25) Assist students in obtaining scholarships.
26) Coordinate Grant writing.
27) Communicate employment vacancies to the District administration for posting.
28) Assist all staff in implementation of curriculum.
29) Participation in any District wide committees or panels for vacant principal positions and any other administrative committees or panels as requested.
30) Appoint one of the three Directors annually to act in an administrative capacity in the absence of the Charter School Administrator for reason of:
a. Sickness
b. Administrative duties
c. Vacation
d. Temporary vacancy in position
D. Advisory Council President
The Advisory Council President is elected annually by a majority vote of the Advisory Council. The Advisory Council President is responsible for conducting all Advisory Council meetings, participation in the dispute resolution process when necessary, and communicating the recommendations of the Advisory Council. In the absence of the Advisory Council President, the Charter School Administrator shall conduct Advisory Council meetings.
The Advisory Council President is also responsible for fostering amicable relations between the Charter School and the District and facilitating a sharing of resources between both entities.
E. Hiring Committees
Certificated Personnel
The Certificated Hiring Committee is made up of the Charter School Administrator, all Directors, and the Superintendent. The Hiring Committee shall interview, following the committee’s preliminary screen of applicants, prospective candidates for certificated positions and recommend by a majority vote one or more candidates for vacant positions within the Charter School to the Board of Trustees. The Charter School Administrator shall draft interview questions to be used by the Certificated Hiring Committee. The members of the committee may agree by a majority to eliminate questions or add questions to those drafted by the Charter School Administrator. Any one member of the Certificated Hiring Committee representing a position other than the majority or other than the recommendation to the Board of Trustees, may present to the Board of Trustees regarding their recommendation and in the case of dispute, in closed session as necessary.
Classified Personnel
The Classified Hiring Committee shall be made up of the Charter School Administrator, all Directors and a current classified employee of the Charter School (assigned by the Charter School Administrator upon the recommendation of CSEA). The Classified Hiring Committee shall, following the committee’s preliminary screen of applicants, interview prospective candidates for classified positions within the Charter School and recommend by a majority vote one or more candidates to the Board of Trustees. The Charter School Administrator shall draft interview questions to be used by the Classified Hiring Committee. The members of the committee may agree by a majority to eliminate questions or add questions to those drafted by the Charter School Administrator. Any one member of the Certificated Hiring Committee representing a position other than the majority or other than the recommendation to the Board of Trustees, may present to the Board of Trustees regarding their recommendation and in the case of a dispute, in closed session as necessary.
F. District Superintendent
The District Superintendent will work with the Charter School Administrator,
the Directors and the Advisory Council to help accomplish the goals and innovative direction of the Charter School and assist the Charter School Administrator in communicating the recommendations of the Charter School Directors and the Advisory Council to the Board of Trustees. The District Superintendent will participate on the Certificated Hiring Committee and the committee to hire the Charter School Administrator. The District Superintendent will evaluate the Charter School Administrator annually. The District Superintendent will participate in the dispute resolution process when necessary, and will foster amicable relations between the Charter School and the District and facilitate a sharing of resources between both entities
G. District Board of Trustees
The District Board of Trustees will approve or disapprove of the recommendations of the Charter School as communicated by the Superintendent or the Charter School Administrator when requested by the Board of Trustees. A representative of the Directors may be heard at Board meetings and closed sessions regarding recommendations.
The District Board of Trustees will approve or disapprove of the recommendations of the Charter School Hiring Committees.
The District Board of Trustees will participate in the dispute resolution process when necessary. The District Board of Trustees will foster amicable relations between the Charter School and the District and facilitate a sharing of resources between both entities.
VII. EMPLOYEE QUALIFICATIONS
This Section is intended to fulfill the requirements of Education Code Section 47605(b)(5)(E) which requires:
"The qualifications to be met by individual to be employed by the school."
Challenge Charter High School has special needs and requirements in regard to the selection of employees and while a credential, certificate, permit, or other is important, a Charter School teacher must also be able to motivate students who have a historical lack of motivation, work well with a close knit community of teachers, staff, students, and parents and be innovative and flexible in their teaching methodology.
As Challenge Charter High School runs like a large family, all charter school employees must be "people-oriented" and have good rapport with students of diverse backgrounds.
Teachers of the Challenge Charter High School must hold a Commission on Teacher Credentialing certificate, permit or other document equivalent to that which a teacher in other public schools would be required to hold. These documents shall be maintained on file at the Charter School. Flexibility will be granted with regard to teachers of noncore, noncollege preparatory courses. Preference will be given to experienced teachers with demonstrated ability in specific fields/disciplines as needed by the Charter School, with exceptions for exceptional candidates and as needed as recommended by the Committee.
Challenge Charter High School shall not discriminate against any applicant on the basis of ethnicity, national origin, gender, or disability.
Each employee of the Challenge Charter School shall submit to a criminal background check and furnish a criminal record summary as required by Education Code Section 44237.
The Charter School Administrator along with the Hiring Committees will interview prospective employees and make a majority recommendation to the District Board of Trustees.
The District Board of Trustees has final decision-making power regarding the hiring of Charter School employees. One representative of a the hiring committee with a position other than the majority or other than the recommendation to the Board of Trustees may present to the Board regarding their recommendations prior to the final decision by the Board of Trustees.
VIII. HEALTH AND SAFETY PROCEDURES
This section is intended to fulfill the requirements of Education Code Section 47605(b)(5)(F) which requires:
"The procedures that the school will follow to ensure the health and safety of pupils and staff. These procedures shall include the requirement that each employee of the school furnish the school with a criminal record summary..."
The Charter School will use District health and safety and risk management policies to ensure the safety of their students and employees. These health and safety policies will be compiled and provided to parents and students in the parent student handbook. The Charter School Administrator will maintain and update such policies along with any updates of the District. Any additional health and safety policies specific to the Charter School will be submitted to the District Superintendent by the Charter School Administrator for prior approval.
Challenge Charter High School will maintain insurance policies through the District carriers at all times. The District will pay for such coverage unless otherwise agreed upon.
Amendments or additions to these health and safety policies by the Charter School Administrator in conjunction with the Directors will not require amendment of this Charter.
IX. RACIAL AND ETHNIC BALANCE
This section is intended to fulfill the requirements of Education Code Section 47605(b)(5)(G) which requires:
"The means by which the school will achieve a racial and ethnic balance among its pupils that is reflective of the general population residing within the territorial jurisdiction of the school district to which the charter petition is submitted"
The Challenge Charter High School Administrator, with the assistance of the Advisory Council, Charter School teachers and staff will implement a student recruitment strategy that includes, but is not necessarily limited to, the following elements or strategies to ensure a racial and ethnic balance among students that is reflective of the Chartering District:
1) The development of promotional and informational material that appeals to all of the various racial and ethnic groups represented in the Chartering District.
2) The appropriate development of promotional and informational materials in languages other than English to appeal to limited English proficient populations.
3) The distribution of promotional and informational materials to a broad variety of community groups and agencies that serve the various racial, ethnic, and interest groups represented in the district.
4) Outreach meetings in several areas of the district to reach prospective students and parents.
X. ADMISSION REQUIREMENTS
This section is intended to fulfill the requirements of Education Code Section 47605(b)(5)(H) which requires:
"Admission Requirements if applicable."
Students will be considered for admission without regard to ethnicity, national origin, gender, disability, or achievement level.
Challenge Charter High School shall admit all pupils who wish to attend the school within Butte County and adjacent Glenn and Yuba Counties.. However, if the number of pupils who wish to attend Challenge Charter Highs School exceeds the school’s capacity, attendance, except for existing pupils of the Charter School, shall be determined by a public random drawing. Preference shall be extended to pupils currently attending the Charter School and pupils who reside in the Oroville Union High School District.
Prior to admission parents/guardians/care providers and students must sign a contract indicate they understand the Challenge Charter High School outcomes, philosophy, program and requirements. Students’ continued enrollment will be dependent upon fulfilling the terms of that contract.
XI. ANNUAL AUDITS
This section is intended to fulfill the requirements of Education Code Section 47605(b)(5)(I) which requires:
"The manner in which annual, independent, financial audits shall be conducted, which shall employ generally accepted accounting principles, and the manner in which audit exceptions and deficiencies shall be resolved to the satisfaction of the chartering authority"
A. Financial Audit
The Charter School will participate in the independent financial audit process of the District. The audit will at a minimum verify the accuracy of the school’s financial statements, revenue-related data collection and reporting practices and reviews the school’s internal controls. The audit will be conducted in accordance with generally accepted accounting principles. To the extent required under applicable federal law, the audit scope will be expanded to include items and processes specified in any applicable Office of Management and Budget Circulars.
The Charter School Principal will review any audit exceptions or deficiencies and report to the District Board of Trustees through the Assistant Superintendent of Business and then the District Superintendent with recommendations on how any exceptions or deficiencies will be resolved.
B. Performance Audit
The Challenge Charter High School Administrator will compile and provide to the Oroville Union High School District an annual performance audit by the second Board of Trustees meeting in July. This audit will include the following data:
1) Summary data showing student progress toward the goals and outcomes specified in Section IV of this charter from assessment instruments and techniques listed in Section V of this charter.
2) An analysis of whether student performance is meeting the goals specified in Section IV of this charter. This data will be displayed on a school wide basis.
3) A copy of the Challenge Charter High School’s self-evaluation on prior-year management performance and upcoming year goals.
4) Demographic data on student and staff diversity along with data on student attendance and comportment.
5) Summary data from an annual parent and student satisfaction survey.
C. District Review
The Oroville Union High School District Board of Trustees agrees to receive and review the annual fiscal and programmatic audit and performance report. Within two months of the receipt of this annual review, the Board of Trustees must notify the Charter School Administrator in writing as to whether it considers the school to be making satisfactory progress relative to the goals specified in this charter. This annual notification will include the specific reasons for the District’s conclusions.
If, in its review of the school’s annual report, the District determines that the Challenge Charter High School is not making satisfactory progress towards its charter’s goals, the Charter School will be provided with a specific listing and description of any areas of concern. The Charter School Administrator will facilitate correction of any areas of concern.
XII. SUSPENSION AND EXPULSION
This section is intended to fulfill the requirements of Education Code Section
47605(b)(5)(J) which requires:
"The procedures by which pupils can be suspended or expelled."
This policy and its rules and procedures has been established in order to promote learning and protect the safety and well-being of all students. When these policies and standards are violated, it may be necessary to suspend or expel a student from regular classroom instruction.
Staff shall enforce disciplinary rules and procedures fairly and consistently amongst all students and accord all students due process. These disciplinary rules and procedures will be printed and distributed as part of the Student Handbook and will clearly describe discipline expectations.
Discipline includes but is not limited to advising and counseling students, conferring with parents/guardians, detention during and after school hours, the use of alternative educational environments, suspension and expulsion.
Corporal punishment shall not be used as a disciplinary measure against any student. Corporal punishment includes the willful infliction of, or willfully causing the infliction of, physical pain on a student.
For purposes of the policy, corporal punishment does not include an employee’s use of force that is reasonable and necessary to protect the employee, students, staff or other persons or to prevent damage to district property.
The Charter School Administrator(s) shall ensure that students and parents/guardians are notified in writing of all discipline policies, rules, and procedures. Transfer students and their parents/guardians shall be so advised upon enrollment. The notice shall state that these disciplinary rules and procedures are available on request at the Charter School Administrator’s office.
Suspended or expelled students shall be excluded from all school-related extracurricular activities unless otherwise agreed during the period of suspension or expulsion.
A student identified as an individual with disabilities pursuant to the Individual with Disabilities Education Act is subject to the same grounds for suspension and expulsion and is accorded the same due process procedures applicable to regular education students except to the extent where federal and state law mandates additional or different procedures. Challenge Charter High School will follow all federal and state laws when imposing any form of discipline on a student identified as an individual with disabilities and according due process to such students.
A. Grounds for Suspension and Expulsion of Students
1) A student may be suspended or expelled for any of the enumerated acts listed below if the act is related to school activity or school attendance occurring at Challenge Charter High School or at any other school: (a) while on school grounds; (b) while going to or coming from school; (c) during the lunch period, whether on or off the school campus; (d) during, going to, or coming from a school-sponsored activity.
2) Caused, attempted to cause, or threatened to cause physical injury to another person or willfully used force or violence upon the person of another, except in self-defense.
3) Possessed, sold, or otherwise furnished any firearm, knife, explosive, or other dangerous object unless, in the case of possession of any object of this type, the student had obtained written permission to possess the item from a certificated school employee, with the Charter School Administrator or designee’s concurrence.
4) Unlawfully possessed, used, sold or otherwise furnished, or was under the influence of, any controlled substance as defined Health and Safety Code 11053-11058, alcoholic beverage, or intoxicant of any kind.
5) Unlawfully offered, arranged, or negotiated to sell any controlled substance as defined in Health and Safety Code 11053-11058, alcoholic beverage or intoxicant of any kind, and then sold, delivered or otherwise furnished to any person another liquid substance or material and represented same as controlled substance, alcoholic beverage or intoxicant.
6) Committed or attempted to commit robbery or extortion.
7) Caused or attempted to cause damage to school property or private property.
8) Stole or attempted to steal school property or private property.
9) Possessed or used tobacco or any products containing tobacco or nicotine products, including but not limited to cigars, cigarettes, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets and betel.
10) Committed an obscene act or engaged in habitual profanity or vulgarity.
11) Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell any drug paraphernalia, as defined in Health and Safety Code 11014.5
12) Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, other school officials, or other school personnel engaged in the performance of their duties.
13) Knowingly received stolen school property or private property.
14) Possessed an imitation firearm, i.e., a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm.
15) Committed or attempted to commit a sexual assault as defined in Penal Code 261, 266c, 286, 288, 288a or 289, or committed a sexual batter as defined Penal Code 243.4.
16) Harassed, threatened, or intimidated a student who is a complaining witness or witness in a school disciplinary proceeding for the purpose of preventing that student from being a witness and/or retaliating against that student for being a witness.
17) Made terrorist threats against school officials and/or school property.
18) Committed sexual harassment as defined in Education Code Section 212.5.
19) Caused, attempted to cause, threatened to cause, or participated in an act of hate violence as defined in Education Code Section 233(e).
20) Intentionally harassed, threatened or intimidated a student or group of students to the extent of having the actual and reasonably expected effect of materially disrupting class work, creating substantial disorder, and invading student rights by creating an intimidating or hostile educational environment.
Alternatives to suspension or expulsion will be used with students who are truant, tardy, or otherwise absent from assigned school activities.
B. Suspension Procedure
Suspensions shall be initiated according to the following procedures:
1) Informal Conference:
Suspension shall be preceded by an informal conference conducted by the Charter School Administrator or the Charter School Administrator’s designee with the student and whenever practicable, the teacher, supervisor or school employee who referred the student to the Charter School Administrator.
The conference may be omitted if the Charter School Administrator or designee determines that an emergency situation exists. An "emergency situation" involves a clear and present danger to the lives, safety or health of students or school personnel. If a student is suspended without this conference, both the parent/guardian and student shall be notified of the student’s right to return to school for the purpose of a conference.
2) Notice to Parents/Guardians:
At the time of the suspension, a Charter School employee shall make a reasonable effort to contact the parent/guardian by telephone or in person. Whenever a student is suspended, the parent/guardian shall be notified in writing of the suspension. This notice shall state the specific offense committed by the student. In addition, the notice may also state the date and time when the student may return to school. If school officials wish to ask the parent/guardian to confer regarding matters pertinent to the suspension, the notice may add that state law requires the parent/guardian to respond to such requests without delay.
B. Authority to Expel
A student may be expelled only by the Board of Trustees upon the recommendation of the District’s Administrative Panel. The Administrative Panel may expel any student found to have committed an expellable offense(s) listed above in the "Grounds for Suspension and Expulsion."
Except for expulsions for offenses listed under Education Code Section 48915(c), a student may only be expelled upon the findings and recommendations of the Administrative Panel if the Administrative Panel finds that the student committed the expellable offense and that at least one of the following findings may be substantiated:
1) That other means of correction are not feasible or have repeatedly failed to bring about proper conduct.
2) That due to the nature of the violation, the presence of the student causes a continuing danger to the physical safety of the student or others.
C. Expulsion Procedure
Students recommended for expulsion are entitled to a hearing to determine whether the student should be expelled. The hearing shall be held within thirty (30) school days after the Charter School Administrator or designee
determines that one of the acts listed under "Grounds for Suspension and Expulsion" has occurred.
The hearing will be presided over by the District’s Administrative Panel who will make a recommendation to the District Board of Trustees.
Written notice of the hearing shall be forwarded to the student and the student’s parent/guardian at least ten (10) calendar days before the date of the hearing. The notice shall include:
1) The date and place of the hearing;
2) A statement of the specific facts, charges and offense upon which the proposed expulsion is based;
3) A copy of Challenge Charter High School’s disciplinary rules which relate to the alleged violation;
4) Notification of the student’s or parent/guardian’s obligation to provide information about the student’s status in Challenge Charter High School to any other district in which the student seeks enrollment;
5) The opportunity for the student or the student’s parent/guardian to appear in person or to employ and be represented by counsel;
6) The right to inspect and obtain copies of all documents to be used at the hearing;
7) The opportunity to confront and question all witnesses who testify at the hearing;
8) The opportunity to question all evidence presented and to present oral and documentary evidence on the student’s behalf including witnesses;
D. Record of Hearing:
A record of the hearing shall be made and may be maintained by a means, including electronic recording, as long as a reasonably accurate and complete written transcription of the proceedings can be made.
E. Presentation of Evidence:
While technical rules of evidence do not apply to expulsion hearings, evidence may be admitted and used as proof only if it is the kind of evidence on which reasonable persons can rely in the conduct of serious affairs. A recommendation by the District Administrative Panel to expel must be supported by substantial evidence that the student committed any of the acts listed in "Grounds for Suspension and Expulsion" above.
Findings of fact shall be based solely on the evidence at the hearing. While no evidence shall be based solely on hearsay, sworn declarations may be admitted as testimony from witnesses whose disclosure of their identity or testimony at the hearing may subject them to an unreasonable risk of physical or psychological harm.
The decision of the Administrative Panel shall be in the form of a recommendation to the District Board of Trustees who will make a final determination regarding the expulsion.
F. Written Notice to Expel:
The Charter School Administrator or designee following a decision of the Board of Trustees to expel shall send written notice of the decision to expel to the student or parent/guardian. This notice shall include the following:
1) The specific offense committed by the student for any of the acts listed in "Grounds for Suspension and Expulsion" above
2) Notice of the right to appeal the expulsion to the County Board of Education
3) Notice of the student’s or parent/guardian’s obligation to inform any new district in which the student seeks to enroll of the student’s status with the Challenge Charter High School
The Charter School Principal or designee shall send written notice of the decision to expel to the Student’s district of residence and the County Office of Education. This notice shall include the following:
1) The student’s name
2) The specific offense committed by the student for any of the acts listed in "Grounds for Suspension or Expulsion" above.
G. Attendance Alternatives:
Upon expulsion from Challenge Charter High School, students will attend school pursuant to the procedure of their district of residence pertaining to expelled students.
XIII. STRS, PERS, OR SOCIAL SECURITY
This section is intended to fulfill the requirements of Education Code Section 47605(b)(5)(K) which requires:
"The manner by which staff members of the charter schools will be covered by the State Teachers’ Retirement System, or federal social security."
Employees of Challenge Charter High School will participate in STRS, PERS, or Social Security depending upon each individual’s eligibility.
XIV. PUBLIC SCHOOL ATTENDANCE ALTERNATIVES
This section is intended to fulfill the requirements of Education Code Section 47605(b)(5)(L) which requires:
"The public school attendance alternatives for pupils residing within the school district who choose not to attend charter schools."
Attendance at Challenge Charter High School is entirely voluntary on the part of the students who enroll. District of residence public schools continue to be an option for all students who choose not to attend the Charter School or students may pursue an inter-district transfer in accordance with existing enrollment and transfer policies of their district or county of residence.
Any Charter School student may concurrently enroll on a case by case basis in other District programs for specified courses. The Charter School may depending on teacher availability accept other District program students with the recommendation of their counselor on a case by case basis for specified courses.
Any Charter School student may concurrently enroll on a case by case basis in any college or vocational program for specified courses.
XV. EMPLOYEE RIGHTS
This section is intended to fulfill the requirements of Education Code Section 47605(b)(5)(M) which requires:
"A description of the rights of any employee of the school district upon leaving the employment of the school district to work in a charter school, and of any rights of return to the school district after employment at a charter school."
Those members of the Challenge Charter High School staff who leave employment in the Oroville Union High School District to work at the Charter School shall have the right to return to employment in which the employee is qualified within the District at the end of a school year. Requests must be made to the District to return to District employment by February 15 of the current school year. Years of employment service in the Charter School including probationary service shall be counted as years of employment service in the Oroville Union High School District.
Employees of Challenge Charter High School who were not previous employees of the Oroville Union High School District will become employees of the Oroville Union High School District and will have the right to employment within the District upon involuntary leaving the employment of the Charter School. Involuntary leaving in this context means a reduction in force or non-existence of the charter school. Years of employment service, including probationary service in the Charter School shall be counted as years of employment service in the Oroville Union High School District.
Classified employees of the charter school shall be subject to a probationary period of one year whereas certificated employees will be subject to tenure requirements as cited in the Education Code.
Upon dismissal from the Charter School no employee may return to the District employment. Upon dismissal from the District no employee of the District may be employed at the Charter School.
Oroville Union High School District employees cannot be required to work at Challenge Charter High School, nor can the District require the Charter School to hire District classified, certificated, or confidential employees, unless recommended by the Charter School Hiring Committee, with the exception of District employees provided to the Charter School as part of the administrative services paid for by the Charter School.
Challenge Charter High School employees are not subject to District transfers without written consent of that employee.
All employees of the Charter School are employees of the Oroville Union High School District and are covered by the collective bargaining agreements between OSTA and CSEA Associations and the Oroville Union High School District.
The Charter School shall adopt the personnel discipline policies and procedures of the District as enumerated in collective bargaining agreements. Any personnel discipline will be administered by the Charter School Principal, with the assistance of the District when necessary. Disputes over personnel discipline will not be covered by the Charter School dispute resolution process, and instead, will be resolved through the District’s policies and procedures.
XVI. DISPUTE RESOLUTION PROCESS
This section is intended to fulfill the requirements of Education Code Section 47605(b)(5)(N) which requires:
"The procedures to be followed by the charter school and the entity granting the charter to resolve disputes relating to provisions of the charter."
The Charter School and the District have negotiated this dispute resolution process in good faith and agree that all necessary steps will be taken to ensure compliance with the process. In the event a dispute arises that is not properly addressed within the dispute resolution process, the Charter School Administrator and the Directors shall discuss the proper procedure to be followed with the District Superintendent which may be further memorialized as an amendment to this charter.
Any time limits hereunder may be lengthened or shortened in any particular case only by mutual written agreement. The parties will attempt in good faith to adjust time limit problems which occur due to unforeseen circumstances or summer recess.
Parents of Charter School students will be notified of the dispute process annually through the student handbook.
Upon receiving a complaint from either an employee, parent or student the District agrees to refer the complainant to the Charter School Administrator for resolution by the informal dispute resolution procedure.
In the event a parent has been referred by the Board of Trustees or District Superintendent to the informal dispute resolution procedure but refuses to follow such a procedure, the District will request that the parent fill out a form indicating that he or she has been referred to the informal dispute resolution process, but has refused to avail him or herself of the procedure. The form shall be signed by the parent and submitted to the Charter School Principal. Thereafter, the dispute will handled by the formal dispute resolution procedure if initiated by the complainant.
Complaints against the District by the Charter School Principal, the Directors, Charter School employees, students, or parents shall be resolved by the formal dispute resolution process when applicable
Complaints against the Charter School by the Board of Trustees or the District Superintendent shall when applicable be resolved by the formal dispute resolution process.
Complaints against the Charter School Administrator shall be resolved by both the informal and formal dispute resolution process.
A. Informal Procedure
INFORMAL METHODS ARE RECOGNIZED TO BE THE IDEAL MANNER IN WHICH TO RESOLVE ALL DISPUTES.
The procedure for resolving disputes informally is as follows:
1) Complainant(s) shall submit an informal written complaint to the Charter School Principal for resolution. The written complaint shall include:
a. A detailed account of the disputed issue
b. A description of any unsuccessful steps taken to resolve the dispute
c. A concise statement of the remedy being sought
d. Signature
2) The Charter School Principal will investigate the disputed issue and try to resolve the issue through discussions and meetings with all involved parties and the Directors. If the parties are able to solve the dispute, the Charter School Principal shall report the dispute and the final resolution to the Board of Trustees at the next available Board meeting if requested by the Board of Trustees or the Superintendent or if judged necessary by the Charter School Principal. If unable to resolve the dispute, the Charter School Principal may investigate the matter further, if necessary, and draft a written report and resolution to all affected parties.
The written report shall include:
a. A detailed account of the disputed issue
b. A description of unsuccessful steps taken to resolve the dispute
c. Findings
d. Proposed resolution of the issue
e. After fifteen (15) days from receipt by all parties of the proposed resolution, the proposed resolution shall become final and reported to the District Board of Trustees at the next meeting if requested by the Board of Trustees or the Superintendent or if judged necessary by the Charter School Principal.
3) If the Complainant is in disagreement with the resolution of the Charter School Principal, he or she may file a formal written complaint within fifteen (15) days of the Charter School Principal’s resolution to the Superintendent of the District for resolution by the formal dispute resolution process.
The formal written complaint shall contain the following:
a. Reasons for disagreement with the resolution of the Charter School Principal
b. Resolution sought
c. A copy of the Charter School Principal’s report and resolution shall be attached to the complaint.
d. Signature
The resolution of the Charter School Principal shall be enforced pending further proceedings.
B. Formal Procedure
The process for resolving disputes formally is as follows:
1) The District Superintendent upon receipt of a formal written complaint (described above under informal procedure #5) will investigate the disputed issue and try to resolve the issue through discussions and meetings with all involved parties and the Charter School Principal and the Directors. If able to reach a resolution, the District Superintendent shall report the dispute and the resolution to the Board of Trustees at the next available Board meeting if requested or by the judgment of the Superintendent. If unable to reach an adequate resolution the Superintendent shall propose resolution of the issue to Complainant(s) through a written report to all parties within thirty (30) days of receiving the complaint. The written report shall include:
a. A detailed account of the disputed issue
b. A description of unsuccessful steps taken to resolve the dispute
c. Findings
d. A proposed resolution of the issue
e. After fifteen (15) days from receipt by all parties of the proposed resolution, the proposed resolution shall become final and reported to the District Board of Trustees at the next meeting if requested or by the judgment of the Superintendent.
2) If the Complainant disagrees with the determination of the Superintendent to be unfair or incorrect, a request for mediation/arbitration must be submitted in writing to the Superintendent within fifteen (15) days of the receipt of the Superintendent’s resolution.
Upon receipt of a request for mediation-arbitration, the Superintendent shall forward copies of the request to all members of the District Board of Trustees, and the Charter School Principal. The Superintendent and the Charter School Principal will then arrange for and schedule mediation/arbitration with all necessary person(s).
The request for mediation/arbitration shall include:
a. Reasons why the complainant disagrees with the Superintendent’s decision.
b. Resolution sought
c. A copy of the Superintendent’s report shall be attached to the request.
d. Signature
The decision of the Superintendent will be enforced pending the mediation/arbitration.
The mediation/arbitration shall be held within thirty (30) school days of receipt of the request by the Superintendent, unless the mediator/arbitrator’s schedule does not allow or the deadline is waived in writing by the requesting party. The Superintendent and the Charter School Principal shall agree on the selection of a mediator/arbitrator.
The following mediation/arbitration procedure will be followed:
Mediation: a third-party neutral individual assists all involved parties in reaching a mutually acceptable agreement by aiding them in discussing the relevant facts, exploring their interests, examining the strengths and weaknesses of their positions and generating possible solutions. The cost of the mediator shall be split between the Charter School and the District. Any party to the disputed issue may bring an attorney to the mediation. The District Superintendent may represent the District in mediation unless the Superintendent is the subject of the complaint in which case the District must also be represented by a Board of Trustees member.
Arbitration: if after a day of mediation (unless the parties mutually agree to a longer mediation period), the parties reach an impasses in the mediation phase and, each party will have ten (10) working days to submit a short brief summarizing their position and proposed resolutions to the mediator and the other party or parties. Any evidence may be submitted with the brief. Responsive briefs may then be submitted by any party to the mediator and all parties within five (5) working days of receipt of the original brief. The mediator will then take on the role of an arbitrator and decide the issues in a subsequent written decision.
If the mediator/arbitrator finds it necessary to ask any further questions of any person involved in the dispute, the parties may reconvene for an additional day to be arranged by the mediator/arbitrator or meet through a telephonic conference. Questions are limited to those asked by the mediator/arbitrator. Any party shall be permitted to respond to the mediator/arbitrator’s questions or to the responses of other parties. No additional evidence may be submitted except in response to a specific request by the mediator/arbitrator.
The written decision of the mediator/arbitrator shall be submitted to the District Board of Trustees by the Superintendent within five (5) days of receipt. No party to the dispute, including the District Superintendent may comment on the written decision or present additional evidence after the written decision has been submitted to the Board.
The written decision of the mediator/arbitrator shall be in the form of a recommendation to the Board of Trustees and shall include:
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4. All evidence submitted by parties attached as exhibits.
3) The Board of Trustees at the next Board meeting shall either accept or reject the recommendation of the arbitrator. If necessary the Board of Trustees may ask fact finding questions of any party involved in the dispute. Questions are limited to those asked by the Board. Any party shall be permitted to respond to questions of the Board or to the responses of the other parties. No additional evidence may be submitted to the Board unless specifically asked to do so by the Board.
4) The decision of the Board of Trustees is final, subject only to proper legal recourse when available.
XVII. CHARTER REVOCATION
This charter may only be revoked by Oroville Union High School District for causes listed in Education Code Section 47607(b).
If the Oroville Union High School District Board of Trustees believes it has cause to revoke this charter, pursuant to Education Code Section 47607(c), the District Superintendent agrees to notify the Principal and Directors in writing and clearly delineate in the written notice the appropriate corrective action and grant the school reasonable time to respond to the notice and take the appropriate corrective action prior to revoking the charter unless the Board determines, in writing, that the violation constitutes a severe and imminent threat to the health and safety of the pupils.
XVIII. CHARTER RENEWAL
Challenge Charter High School and the Oroville Union High School District agree to work together to accomplish all tasks necessary to fully implement this charter, including, but not limited to, the submission of any necessary and duly-prepared waiver requests to the State Board of Education.
This Charter will be renewed prior to expiration in accordance with Education Code Section 47607(a)(2) for a term of no less than five years.
XIX. FUNDING
Challenge Charter High School will receive funding pursuant to Education Code Section 47613.5 and its supporting regulations proposed and adopted by the State Board of Education. Any funds due to Challenge Charter High School that flow through the Oroville Union High School District shall be forwarded to the school as soon as practical.
The Charter School Principal will authorize and sign all requisitions and forward pay warrants of the Charter School to the Assistant Superintendent of Business. Authorization will not be unreasonably withheld.
The Charter School is eligible for Federal Funding including, but not limited to:
28603. Title I, II, IV, and VII
XX. OVERSIGHT FEES
The Oroville Union High School District shall provide and/or perform the supervisory oversight tasks and duties specified an/or necessitated by this charter for a fee of one percent (1%) of the cash revenues of the Challenge Charter High School provided to the school pursuant to the terms of Education Code Section 47613.7(a). These supervisory oversight services shall include by the District, but are not necessarily limited to, the following:
1) Efforts to develop any needed additional agreements to clarify or implement the charter.
2) Regular review, analysis, and dialogue regarding the annual performance report of the Charter School.
3) Monitoring of compliance of the Charter School with the terms of this charter and related agreements.
4) Efforts to implement and participate in the dispute resolution process;
5) Timely review of requests to amend or renew this charter as permitted under law.
28668) Final decisions in regard to the hiring and dismissal of all Charter School employees.
28669) Fostering amicable relations between the Charter School and the District and facilitating the sharing of resources between both entities.
XXI. ADMINISTRATIVE OR OTHER GOODS OR PROFESSIONAL SERVICES
The Oroville Union High School District agrees to share District resources with the Charter School by allowing Challenge Charter High School to purchase administrative services from the Chartering District for a fee of equivalent to the District’s CDE approved indirect cost rate applied to the total of cash revenues of the Challenge Charter High School pursuant to 47613.7(d). Such administrative services include but are not limited to:
1) Assistance to the Charter School Administrator in budget development and fiscal planning
2) Student data management
3) ADA information accumulation and reporting to CDE
4) Grant development and compliance services.
5) Reporting of financial information to CDE
6) Facilitation of year-end financial audit
7) Access to insurance services, i.e. JPA, Central Valley Trust Insurance, State Teachers Retirement Services or any other benefits in which access may be required through the District in the Butte County Treasury.
8) Insurance Accounting and preparation
9) Notifying the public of Charter School employment vacancies and facilitation of the hiring and firing of staff.
10) Participation in the negotiation process with bargaining units
11) Payroll and purchasing services
12) Maintenance of facilities and equipment inventory database
13) Special Education administration
14) District staff time to process E-Rate applications and funding (Cost of consultant
to be prorated and billed separately)
In addition to the above, Challenge Charter may purchase the following services from the District at the rate indicated:
1) Property and Liability Insurance – property and liability premiums will be
allocated to Challenge Charter High School based on its share of prior year
P-2 ADA.
2) Computer Technician – the cost for computer technician support will be
charged at the average hourly cose incurred by the district. In addition, the
District will be reimbursed mileage costs claimed by staff.
3) Internet Service Provider – the internet service provider costs will be allocated
according to the number of circuits attributable to Challenge Charter High School.
4) Hearing and Vision Testing – hearing and vision testing services will be provided at the hourly cost incurred for the nurse or independent contractor servicing the
District.
E-RATE Funding Participation – Challenge Charter High School will pay a
proportionate share of the cost of the consultant hired by the District to process
E-RATE applications and requests for funding. The cost will be calculated based on Charter’s share of prior year P-2 ADA, excluding Adult ED ADA, which does
not qualify for E-RATE funding.
Audit – A portion of the cost for the financial audit will be charge to Challenge
Charter High School based on its share of prior year P-2 ADA.
Legal services requested by Challenge Charter High School with the District’s
legal counsel will be paid by Challenge Charter at the billed amount.
Psychologist – The cost of psychologist’s support attributed to Challenge Charter
High School will be charged at the average hourly cost incurred by the District. In addition, the District will be reimbursed mileage costs claimed by staff.
Maintenance - The cost for maintenance department support will be charged at
the average hourly cost incurred by the District.
The Oroville Union High School District agrees to allow Challenge Charter High School to separately purchase other goods or services at cost or at no cost if the District Board of Trustees determines it to be appropriate or determines that the cost to the District is diminutive.
Challenge Charter High School recognizes and appreciates the good faith efforts by the District to work amicably with the Charter School and looks forward to many years of good relations with the District. However, in order to address the special needs of the Charter School, secure the Charter School from individual liability and maintain a checks and balance system, the Charter School reserves the right to retain on an on-call basis a law firm separate than that of the District’s, expert in the area of charter school law to be used by the Charter School Directors in case of disputes or potential disputes with or involving the District or in the instance that a second opinion separate from that of the District’s own legal counsel is deemed necessary by the Charter School Principal or if the Directors are informed by the District’s counsel that an ethical conflict of interest exists in regard to representation of the Charter School. The legal services contract must be approved annually by the Charter School Directors with the final
approval of the Board of Trustees. The cost of such legal counsel will be budgeted as appropriate annually.
Challenge Charter High School reserves the right to purchase additional administrative or other goods or services from any third party as needed subject to the approval of the Board of Trustees. Approval will not be unreasonably withheld.
XXII. STUDENT SERVICES
A. Students with Exceptional Needs
Challenge Charter High School will be deemed a public school in regard to special education. The Charter School will work in cooperation with all Local Education Agencies (LEA) to ensure that students with exceptional needs are served, and when appropriate, Individualized Education Programs (IEP) are prepared and/or maintained.
Any action initiated by a parent or guardian of a student with exceptional needs either attending or applying for enrollment in Challenge Charter High School, which involves the "procedural safeguards" delineated in Education Code section 56500, et seq. And referenced in Education Code section 48900, et seq. shall be handled or otherwise defended by district
Challenge Charter High School will contribute an equitable share of its block grant funding to support District-wide encroachment. This calculation will be made by applying Charter’s share of prior year P-2 ADA to District-wide special education encroachment, reducing the result by any encroachment directly paid out of the Charter School funds.
Cooperative agreements may be negotiated with the LEA where students reside. These cooperative agreements may include, but are not limited to:
1. Open communication between the staff of Challenge Charter High School, the school district of residence, the SELPA of residence, the District, and the Butte County SELPA to ensure that students with exceptional needs are identified and that their needs are evaluated and served in compliance with any applicable laws.
2. Whenever possible, delivery of special education services will be at the site of the Charter School.
This section may be revisited with each subsequent annual financial audit.
B. Miscellaneous Student Services
Home to school transportation, athletics, and food services will not be provided as part of Challenge Charter High School’s program.
Should the Charter School need to provide any such services, the Oroville Union High School District agree to allow Challenge Charter High School to separately purchase such services at the state approved indirect cost rate or at no cost if the District Board of Trustees determines the cost to the District is diminutive. The Charter School reserves the right to purchase such services from any properly licensed third party upon approval of the Charter School Administrator.
XXIII. FACILITIES
The Charter School’s primary facility is located at 2120B Robinson Street, Oroville, California 95965. The Charter School will maintain its primary facility at the Charter School’s expense inclusive of all materials needed to operate. At the expiration of the lease, should the Charter School need a new facility, the Charter School will secure a new facility at no cost to the District.
XXIV. LOANS
Any loans incurred by the Charter School must receive prior approval of the Board of Trustees. A fiscal plan for repayment of any loans shall be developed and approved by the Charter School Administrator and the Board of Trustees in advance of receipt of the funds.
XXV. AMENDMENTS TO THE CHARTER
Amendments that constitute material revisions to this charter may be made by majority approval of the Charter School Directors with the final approval of the Oroville Union High School District Board of Trustees at any time.
The Charter School Principal and the District Superintendent agree to meet annually after the second Board of Trustees meeting in July but prior to the opening of the Charter School for the following school year to discuss any new amendments to the Charter to be proposed to the District Board of Trustees.
An amended copy of the Charter will be forwarded to the State of California Department of Education by the Charter School.
XXVI. SEVERABILITY CLAUSE
The terms of the charter are severable. In the event that any of the provisions are determined to be unenforceable or invalid for any reason, the remainder of the Charter shall remain in effect, unless mutually agreed otherwise by the Oroville Union High School District and the Advisory Council of Challenge Charter High School. The District and the Charter School agree to delegate any issues or differences related to invalidate provision in a timely, good faith fashion to the dispute resolution process for resolution.
XXVII. INDEMNIFICATION
Oroville Union High School District shall indemnify, defend and hold harmless the Challenge Charter High School against any and all actions claims, demands, judgments, losses, and penalties, for damages to personal property or person, and any claims which arise by reason of the conduct of the District relative to the performance of its activities, duties, or obligations under this charter. This section and its provisions shall survive the termination of this charter.
XXVIII. COMMUNICATION
All official communication between the Challenge Charter High School and the Oroville Union High School District will be sent via first class mail or other appropriate means to the Charter School Principal and the Superintendent of the District.
XXIX. CHARTER TERM
The term of this Charter will begin on July 31, 2004 and expire five years later on July 31, 2009.
XXX. ATTACHMENTS
The following documents accompany this charter pursuant to Education Code Section 47605(g) :
1) An analysis of the proposed operation and potential effects of Challenge Charter High School on the Chartering District;
2) A proposed first-year operational budget, including startup costs.
Principal
Challenge Charter High School
_________________________ (signed on original document)
Jay Marchant
Date
President of the Board of Trustees
Oroville Union High School District
___________________________ (signed on original document)
David Bruce
Date
Revised 11-09-2005