Baconton Community
Charter School
Charter Petition
BACONTON COMMUNITY CHARTER SCHOOL
Submitted March 10, 2000
To
Mitchell County Board of Education
Camilla, Georgia
___________________________________________
Tim Pinson
Chairman, Baconton Community Charter School
BACONTON COMMUNITY CHARTER SCHOOL APPLICATION
TO: MITCHELL COUNTY BOARD OF EDUCATION
FROM: BACONTON COMMUNITY CHARTER SCHOOL BOARD OF DIRECTORS
RE: CHARTER SCHOOL APPLICATION
DATE: MARCH 10, 2000
It is with great pleasure that we present you an application to operate a charter school in Mitchell County under the Georgia Board of Education Rule 160-4-9-.04 CHARTER SCHOOLS. We have analyzed the Charter School law and believe we are in compliance with all the requirements necessary for you to act on our application.
We have established a time line in our application consistent with the Charter School law. It is our intent to give the community sufficient input to the Baconton Community Charter School (BCCS) so that they can fully understand its structure and purpose.
We will continue scheduling community discussions to inform and interest parents of elementary students in Mitchell County about the BCCS. These meetings will be conducted by our board and will be separate from any meetings the School Board of Mitchell County would schedule.
The application you are receiving tonight represents the start of a process which hopefully will result in the functioning of a Charter School in Mitchell County. We have reviewed several applications and modeled ours after applications already approved and operating in other localities. We desire and seek your cooperation.
ASSURANCES
Petitioner(s) assures that the proposed Charter school will:
1. Operate in accordance with the provisions of O.C.G.A. 20-2- 2060 through 20-2-2071.
2. Be subject to all federal, state, and local rules, regulations, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; and the prevention of unlawful conduct. (20-2-2065(4))
3. Be subject to all laws relating to unlawful conduct in or near a public school. (20-2-2065(5))
4. Not discriminate on any basis that would be illegal if used by a school system. (20-2-2066(b))
5. Not charge tuition.
6. Be a public, nonsectarian, nonreligious, nonprofit school which is also not home based. (20-2-2065(1))
Mission Statement: It is the mission of BCCS to provide a safe, nurturing atmosphere in which to guide a diverse student body in the development of character and academic potential through a rigorous, content-rich, hands-on curriculum and on-going character-enrichment that leads to an understanding of virtuous behavior and civic responsibility. High standards of teaching, study, and conduct are central to the mission of BCCS; standards that will lead to academic excellence and strong moral fiber. Parental involvement is critical to the BCCS mission.
Educational Philosophy: Children supported by family and community can learn to their maximum potential when offered a rigorous, content-rich, hands-on curriculum through stimulating teaching in a safe and nurturing environment.
Part I. Information Required by
Charter School Act of 1998
O.C.G.A. Section 20-2-2063
O.C.G.A. Section 20-2-2063(1) Describe a plan for improvement that addresses how the Charter petitioner proposes to improve student learning and meet minimum state standards:
This Charter has been developed based in significant part upon Direct Instruction:
Direct Instruction has evolved from a theory of instruction developed by Siegfried Engelmann of the University of Oregon. Englemann’s early works focused on beginning reading, language, and math and were published by Science Research Associates in 1968 under the trade name DISTAR (Direct Instruction System for Teaching And Remediation). Over the past three decades, the original curricula have been revised and new ones developed through sixth grade (plus remedial programs and science programs for higher grades). These curricula have been incorporated into the comprehensive school reform model known as the Direct Instruction Model, which has been implemented in some 150 schools nationwide. Direct Instruction curricular materials have been used in hundreds more schools.
General Description--Englemann’s theory of instruction is that learning can be greatly accelerated in any endeavor if instructional presentations are clear, rule out likely misinterpretations, and facilitate generalizations. He and his associates have developed over 50 instructional programs based on this theory. Each program is shaped through field tryouts; student errors are carefully evaluated and lessons revised prior to publication. The lessons are carefully scripted and tightly sequenced.
The comprehensive Direct Instruction Model incorporates teacher development and organizational components needed to optimize use of these programs. Through substantial training and in-class coaching, teachers in the lower grades learn to present highly interactive lessons to small groups. Students make frequent oral responses, and teachers monitor and correct errors immediately. Students are placed at appropriate instructional levels based on performance, so those who learn rapidly are not held back and those who need additional assistance receive it. The model calls for inclusion of students with special needs except in the most extreme cases.
Although the Direct Instruction Model incorporates curricula for all areas, its reading, language arts, and math curricula can be implemented separately.
Results--The instructional design components incorporated in Englemann’s theory of instruction have been the subject of numerous research studies over the past 30 years, beginning with Project Follow Through, a large-scale federal research project that funded and examined a variety of approaches to educating disadvantaged students. The Project Follow Through evaluation found that Direct Instruction was the most effective model in all three areas studied: basic skills (reading, language, math, spelling), cognitive skills, and affective behavior. Many other evaluations conducted since then also have found significant positive effects on student achievement in reading, language arts, or mathematics, as measured by a variety of standardized tests. Many of the program benefits appear to endure well past elementary school. Several studies have found that students who received Direct Instruction in grade school have higher high school test scores, graduation rates, and college acceptance rates.
1. Divide large elementary grades into smaller communities for learning that foster trusting relationships between adults and peers.
2. Provide all students access to a common core of high-level knowledge and skills.
3. Organize instruction to ensure success for all elementary-grade students.
4. Empower teachers and administrators to make key instructional, management, and budgetary decisions.
5. Prepare elementary grade teachers specifically to teach children in grades Pre K through fifth; however, we specifically want to add one grade per year until we reach the recommended and lawful 12 grades. Teachers will be prepared to meet each new grade level.
6. Improve academic achievement through better fitness and health.
7. Re-engage families in the education of young students.
8. Connect with the community
This Charter will implement and enhance upon these Direct Instruction principles as follows:
1. Offer a Smaller Environment.
The BCCS will open in the Fall of 2000 - 2001 offering grades Pre K - 5th. BCCS will have a maximum student population of 140 in the first year. Should BCCS fail to achieve the enrollment contemplated, the enrollment will not result in the cancellation of the Charter.
BCCS will initially maintain a teacher-to-pupil ratio of no greater than one to twenty. If other aspects of BCCS, including but not limited to, parental involvement and enforceable conduct code, enable the school to increase class size and still meet the learning needs of the students, class size may increase; but, in no event will the teacher-to-pupil ratio equal or exceed the average teacher-to-pupil ratio found in other Mitchell County elementary schools. The adult-to-student ratio will be further reduced by parent and community involvement in the classrooms that will also assist in fostering trusting relationships between adults and students.
BCCS will provide the Mitchell County Board of Education with the enrollment numbers for the next year, a list of students, and the students' home school information.
Each child signing up for the school will be required to complete a Registration Questionnaire. In the event a student attending BCCS is charged with or found guilty of crimes or offenses similar to those stated in O.C.G.A. Section 15-13-37, the student will be subject to the consequences in the Conduct Code of BCCS.
BCCS will accept students into its program as provided in O.C.G.A. Section 20-2-2066. For purposes of determining admissions, a student, once admitted to the school, will not have to reapply for subsequent years and will be deemed to be admitted. Should BCCS elect to fill vacancies after the initial registration, any vacancies will be filled according to O.C.G.A. Section 20-2-2066. BCCS will designate the Administrator as the person to coordinate with the Mitchell County Board of Education on matters of placement.
BCCS is committed to attracting a racially diverse student population reflective of the racial composition of our community. BCCS commits to making aggressive efforts to attract diverse students and such efforts shall include, but not be limited to, the following:
a. BCCS will participate and cooperate with the Mitchell County Board of Education to be included in any County-wide advertising and marketing.
b. A brochure will be distributed describing BCCS's school program, provide the school's location and transportation plan, and clearly notify parents of the time, date, and location of registration day.
c. BCCS will provide a site for the school to be located in Baconton, Georgia. This site is the former Baconton Elementary School Building on Walton Street. The site has been acquired and improvements begun.
d. Transportation will be provided in some instances by the parents or mentors of students as provided under the Charter petition. Some parents have indicated a desire for Mitchell County school bus transportation. BCCS will strive to work with the Mitchell County Board of Education on this matter in order to serve the students more effectively.
e. BCCS will make all reasonable efforts to attract and maintain a diverse governing board and staff.
BCCS's Charter will not be subject to revocation based upon the racial composition of its student body so long as BCCS in good faith makes the above-stated efforts and admits students through a random selection process.
2. Offer a rigorous curriculum that is specific and detailed in content in the areas of Language Arts, History, Geography, Mathematics, Science, and Fine Arts, and that develops critical thinking and problem solving skills.
3. Establish a curriculum and environment to help school students develop values and character.
"Intelligence plus character--that is the goal of true education."--Martin Luther King, Jr.
"Only a virtuous people are capable of freedom."--Benjamin Franklin
"To educate a man in mind and not morals is to educate a menace to society."--Theodore Roosevelt
BCCS is committed to the idea that education is an inescapably moral endeavor. Integral to the mission of BCCS is the formation of such virtues of character in students and faculty as compassion, honesty, leadership, respect for others, respect for property, respect for legitimate authority, self-respect, peaceableness, self-discipline, cooperation, and a passion for justice.
BCCS's character curriculum will be founded on three principles: 1) that parents are the primary educators of character and, therefore, parental involvement is an essential element in the character education; 2) that character education is not a single course but is rather an integral part of school life; and 3) that students must come to see that forgiving one's own character is an essential and demanding aspect of being a good student. The character curriculum will be infused into most of the curricular areas through a concentrated effort to find and emphasize positive virtues of character demonstrated or exemplified by current events, historical events or persons, reform movements, scientists, explorers, mathematicians, athletes, fictional characters in literature, etc.
BCCS will seek to nurture in each of its students the desire to develop a thousand other virtues of character through academic study, through exposure to role models in our community, history and nation, through active involvement in volunteer efforts in our local community, and through the mutual practice of these virtues by students, faculty, administration, parents, and BCCS’s Governing Board in the classrooms, hallways, cafeteria, playing fields, and faculty room.
BCCS’ Conduct Code will be treated as an inseparable part of BCCS’ character curriculum. The Conduct Code, BCCS's statement of rules and consequences, is intended as one method to instill virtues of character. Each family will be provided a copy of the Conduct Code and asked to sign and support the Conduct Code. The Conduct Code shall govern every student attending BCCS and consequences stated in the Conduct Code will be enforced by the teachers, Administrator, and Governing Board. The teachers, Administrator, and Governing Board of BCCS will have the authority to suspend or expel a student from BCCS if the student's behavior violates the Conduct and Discipline Code and/or the parent, guardian, or mentor fails to take responsibility for the conduct of the student or fails to cooperate with the school in efforts to correct the student's behavior. Parents, guardians, and mentors of a student will be provided five days written notice (mailed to the address provided by the parents, guardian, or mentor) of the date upon which the Governing Board of BCCS will vote upon a recommendation to expel the student and will be provided an opportunity to speak to the Governing Board of BCCS prior to the Mitchell County Board of Education’s vote.
BCCS will promote students from grade to grade based solely upon academic performance.
4. Organize instruction and prepare teachers specifically to meet the needs of elementary students and to enable all elementary students to learn to their maximum potential. BCCS will plan to increase the number of grades to 12. Our desire would be to increase one grade level each year for the seven years following start-up. Teachers would be prepared to meet each new grade level.
BCCS believes that students must have ample opportunities to practice their learning so that what they learn may become part of who they are.
If a student's grades, standardized test scores, and classroom performance reveal a decline in performance in any academic area, a plan will be devised to provide that student with additional instructional time using one or more of the following aids: parental volunteer tutors, labs, at-home or after-school work, or any combination of the above, as determined by the teacher. Parents will be informed of any plan devised for their child.
The teachers will be hired based upon their demonstrated skill and ability in teaching and their academic credentials which may include 1) certification from the State of Georgia or other state which will be consistent with the areas of specialty to be taught or 2) a demonstrated subject matter expertise and a demonstrated practical ability to instruct students in the subject of discipline.
The faculty and staff of BCCS will be required to participate annually in a summer orientation and planning session dedicated to staff development, planning, and preparation to teach.
The faculty and staff of BCCS will be required to participate in continuing education focused upon teaching children or in their specialty area.
The Mitchell County Board of Education shall inform BCCS of any continuing education opportunities or instructional services made available to other elementary schools and BCCS may elect to participate in those opportunities or services. BCCS will bear the cost in the same manner and amount as is required of other elementary schools or their staff.
5. Empower teachers and administrators to participate in making key instructional, management, and budgetary decisions.
Teachers and the Administrator of BCCS will be empowered as follows:
. Teachers will have voting representatives on the Governing Board who will participate in the management of budgetary decisions of BCCS. The Administrator will be a non-voting, ex-officio member of the Governing Board. The Administrator will be empowered to make daily instructional, management, and budgetary decisions as defined by the Administrator's contract and job description.
. Teachers and the Administrator will develop a Scope of Sequence Plan with the goal that the content of the subject areas will be integrated in every grade and within the entire school when appropriate. The teachers need to be an integral part of the Scope and Sequence process, so this key component of the curriculum, as well as specification of text books will not be finalized until the Charter is granted, and the staff employed.
. Teachers will have joint planning sessions every week during which the teachers and Administrator can integrate the curriculum, improve methods, share resources, exchange ideas and problems, communicate needs and expectations, develop cooperative learning experiences, and collaborate in individualizing instruction to fit the needs of the students.
. Teachers and the Administrator will have the privilege of evaluating the academic program on an annual basis.
6. Improve academic achievement through better fitness and health.
BCCS will implement a fitness and health program which focuses upon the needs of elementary school children. The specifics of the fitness program will depend upon what facilities will be available.
7. Encourage families to participate in the education of these students.
BCCS will provide parents an unprecedented opportunity for involvement in the structure and operation of their children's school. BCCS will be governed by a Governing Board, the majority of which will be parents or guardians of students attending BCCS.
BCCS will embrace and encourage family participation in the educational experience. A wide variety of parental volunteer options will be offered so that all parents or guardians will be able to participate in some manner. Parental participation options will include tasks that can be done during school hours, in the evenings, and on weekends. The parents, guardians or mentors of each student attending the school will be asked to sign and comply with the BCCS Contract which requires parents or mentors to volunteer a minimum of ten hours (five hours for single parents) per nine-week period to the needs of the school. In the event a parent or guardian faces a period of hardship during which volunteer hours would place undue hardship on the family, the parent or guardian can request exemption from the volunteer requirements for an agreed upon period of time. A "volunteer hour bank" will also be developed into which excess hours volunteered by other parents can be pooled and "shared" with parents or guardians who encounter unexpected difficulty meeting their volunteer obligation.
Parents or mentors will be required to meet with teachers at least twice each year. These meetings and the commitment of BCCS to involve parents in the educational experience through volunteerism will re-engage families of these students.
BCCS will offer a mentoring program whereby a relative or member of the community can sponsor a student and sign the BCCS Family Contract along with the parents or guardian. The mentor would support the student by assisting the family in meeting the obligations of the Family Contract. Mentors will assist individual students and not groups of students.
Each family will be viewed as a resource for the educational experience of BCCS. Families will be expected to share their careers, talents, expertise, abilities, time, and ideas with the students, faculty, and Governing Board of BCCS.
BCCS will offer training, informational and educational meetings for parents and mentors which will assist families with topics such as how to supervise homework, how to volunteer in the classroom, how to communicate with your child's teacher, how to deal with your elementary school child, and volunteer opportunities in general.
8. Connect BCCS with the community.
BCCS’s relationship with the community will be a "two-way street." The community will be brought to BCCS through guest teachers, speakers, mentors, and volunteers. The community will bring to the students their wealth of knowledge and talent. On the other hand, the students will be taught and encouraged to actively and creatively give back to their community. Students at BCCS will actually practice civic responsibility and citizenship through school-organized community projects.
Outline proposed verifiable academic or vocational performance based criteria that will be used during the term of the Charter to measure the progress of the Charter petitioner in improving student learning and meeting minimum State standards.
Student outcomes will be measured by a variety of means, including but not limited to, tests, demonstrations, projects, oral presentations, class participation, class work, homework, writing assessments and samples, and teacher judgments. Student work will be maintained in a student portfolio. Letter grades will be used on progress reports given to students and parents at regular intervals. Student/parent/teacher conferences will be formally held twice each year and parent attendance is required by the Family Contract.
In order that the Mitchell County Board of Education can measure the success of BCCS in comparison with other elementary schools, the students will be required to take the standardized test currently used by our public school system (Iowa Test of Basic Skills) on an annual basis at the end of each year. BCCS will report to the Mitchell County Board of Education BCCS’s baseline as established by the data collected at the beginning of the first year. BCCS will administer the standardized test at the end of the first year.
Describe how parents or guardians of students enrolled in the school, as well as the faculty, instructional staff, and the broader community, were and will be directly and substantially involved in developing the petition, developing and implementing the improvement plan, and identifying academic or vocational performance based criteria.
The specifics of BCCS will constantly change to fit the needs and visions of our parents, students, and community, so long as those specifics hold true to our established Mission Statement. Because parents, guardians, faculty, Administrator, and community members will be represented on the Governing Board of BCCS, each group will be directly and substantially involved in developing and implementing the improvement plan on an ongoing basis. The teachers' joint weekly planning sessions are intended as a systemic method of direct and continuous improvement of the curriculum and progress toward achieving the performance criteria. Parental involvement, community involvement, the mentoring program, and required teacher-parent meetings are all elements that are designed to provide feedback for improvements.
Consultation in developing the improvement plan and identifying academic performance-based criteria was not limited to our community; consultation with established charter schools, charter school experts, and schools in other states will occur on an ongoing basis.
Describe how the concerns of parents or guardians of students enrolled in the school, faculty, instructional staff, and the broader community will be solicited and addressed in evaluating the effectiveness of the improvement plan.
Parents, faculty, instructional staff, and community members will be involved in the control and management of the school by participation or representation of the Governing Board of BCCS.
The Governing Board of BCCS will annually solicit through written evaluations the concerns of students, parents, guardians, and mentors of students, faculty, staff, and the broader community. The "broader community" will include any individual who participated in the educational process of the school through guest teaching, speaking, demonstration, mentoring, or volunteering.
Required parent/teacher/student conferences twice each year will also provide a method by which concerns will be discussed and addressed.
Concerns will be primarily addressed to the Administrator who will report and be accountable to the Governing Board of BCCS.
Provide for the Charter school to be subject to the control and management of the local Board of the local system in which the proposed Charter school will be located, as provided in the Charter and in a manner consistent with the Constitution.
BCCS will be subject to the control and management of the Mitchell County Board of Education, as provided in this Charter and in a manner consistent with the Constitution. The Mitchell County Board of Education shall exercise management and control through enforcement of the academic, managerial, and financial policies and standards established by this Charter. BCCS will provide a list of students, current list of faculty and faculty credentials, annual academic and financial reports, and annual summaries of all evaluations generated by students, parents, guardians, and mentors of students, faculty, staff, and the broader community. The Governing Board of BCCS will be accountable for all information provided and objectives established in this Charter.
Provide for a governing body, the majority of the members of which shall be parents or guardians of students enrolled in the Charter school who are not employed by the school or by the local school system in which the Charter school is located, which shall be 1) responsible for carrying out the terms of the Charter, 2) subject to the control and management of the local board for that school system, as provided in the Charter and in a manner consistent with the Constitution, and 3) subject to the provisions of Chapter 14 of Title 50 and Article 4 of Chapter 18 of Title 50.
The original incorporators of BCCS will be the initial Board of Directors. Three of the initial Directors will serve a three-year term through the 2002 - 2003 school year and two will serve a two-year term through May of 2002. In 2003 and thereafter, all members will be elected by the parents who have students in the school. Elections for Governing Board members will be held each Spring at the May Board Meeting. The terms of the Governing Board members will be staggered. All Governing Board members' terms will be for two years. If a child of a Governing Board member graduates from the BCCS during the term of the parent, the parent will be allowed to complete his or her term.
Each parent will have one vote for each Governing Board seat. The members of the Governing Board will select the officers of the Governing Board. The officers will be President, Vice-President, Secretary, Treasurer, and Director. The term of office will be for one year and the Governing Board will reorganize after the election each year.
In the event of dismissal or resignation from the Board or other vacancies on the Governing Board, volunteers to serve the remainder of the term for that particular Governing Board member will be asked to apply, and a volunteer will be selected by a vote of the Governing Board. The Governing Board, at its own choosing, can determine whether or not to reorganize at the time of seating the new Governing Board member. Attendance at Governing Board Meetings is mandatory. Missing three meetings in a row will result in immediate dismissal from the Governing Board.
BCCS will be responsible for its own operations and shall have the authority to independently exercise, also consistent with federal and state law, all powers granted to a nonprofit corporation under state and federal law including, but not limited to, the following powers and such other powers as provided elsewhere in this Charter: contract for goods and services; prepare a budget; select personnel and determine their compensation; procure insurance; lease or purchase facilities for school purposes; purchase, lease or rent furniture, equipment, and supplies; and accept and expend gifts, donations or grants of any kind in accordance with such conditions prescribed by the donor as are consistent with law and not contrary to any of the terms of this Charter. The Mitchell County Board of Education shall be given written notice of all accepted gifts, donations, and grants, and any conditions thereof, within thirty school days of receipt.
BCCS will submit to the Mitchell County Board of Education, on an annual basis, a written report concerning its operation, including progress made toward improving education, policy development issues, student attendance and discipline information, and personnel matters. BCCS will be responsible for collecting student data.
The Governing Board of BCCS will be subject to the provisions of Chapter 14 of Title 50 (Open Meetings Law) and Article 4 of Chapter 28 of Title 50 (Public Inspection of Records Law).
BCCS expressly incorporates all provisions of Georgia Law requiring the maintenance of confidentiality of student records, including student disciplinary records, teacher evaluations, and confidentiality of medical and other personal information of the school, students, and staff. BCCS will comply with the provisions of the Family Educational Rights and Privacy Act with respect of access to student records by parents and guardians. BCCS will not publish a student directory as defined in the Family Educational Rights and Privacy Act.
For petitions filed by Charter petitioners other than a local school, specify whether the Charter petitioner elects that the Charter School be organized and operated as a nonprofit corporation under the laws of this state
BCCS elects to be organized and operated as a nonprofit corporation under the laws of this State. (Articles of Incorporation attached)
Provide for personnel matters involving the faculty, instructional staff, and other employees of the Charter School including, but not limited to, employment status, certification, and evaluation.
Employment Status, Qualifications, Evaluation, and Termination of Personnel.
Faculty, staff, and persons who perform services for BCCS shall be employed by a contract between BCCS, the Mitchell County Board of Education, and the individual, subject only to such terms and conditions as established by the Governing Board of BCCS.
The terms of BCCS's Charter, the contract between the employee, the Mitchell County Board of Education and BCCS, and BCCS's Personnel Policy supersede all other policies of the Mitchell County Board of Education. Unless specifically listed in the Charter, the school is exempted from all State and local rules, regulations, policies, and procedures in accordance with O.C.G.A. Section 20-2-2060 et. seq.
Through contracts with employees and its personnel policy, BCCS shall establish the terms of employment of BCCS including, but not limited to, hiring, hours of employment, duration of employment, termination of employment, training, and disciplinary action. The terms and provisions of such contract form shall be subject to approval by the Mitchell County Board of Education and may be amended from time to time by agreement of BCCS and the Mitchell County Board of Education. The contract form shall expressly provide the following:
1) That each employee acknowledges that they are an at will employee, subject to termination with or without cause.
2) That emloyment at BCCS shall not constitute any basis for tenure under any laws of the State of Georgia.
3) That employees shall be employed upon recommendation of the BCCS’s Governing Board to the Mitchell County Board of Education.
4) The Mitchell County Board of Education shall approve or deny this recommendation based upon BCCS’s compliance with the terms of this Charter and The Charter School Act of 1998 in selecting employees, shall not attempt to amend or interfere with this Charter by denying approval and shall not unreasonably withhold approval of employees recommended by BCCS.
5) Upon termination by BCCS, any such employee may apply for employment at the Mitchell County Board of Education on terms and conditions then available to others applying to the Mitchell County Board of Education in general. That is, employees of BCCS, upon ceasing employment at BCCS, shall not be entitled to preference in employment by the Mitchell County Board of Education.
6) If employed by the Mitchell County Board of Education, years of service at BCCS will be recognized for salary purposes.
7) Salary shall not be based upon State salary schedules, but shall be based upon terms and conditions as agreed upon between BCCS and the prospective employee. Terms and conditions of such employment may contain additional provisions agreed to by BCCS and the Mitchell County Board of Education.
To the extent elected in writing by the Governing Board of BCCS, the employees who serve at BCCS shall be eligible to participate in such programs and benefits as are made available to persons employed by the Mitchell County Board of Education in like positions in the Mitchell County School system, including, but not limited to, health insurance, disability or accident insurance, sick leave, vacation benefits, and retirement programs. Unless otherwise agreed upon in writing, all benefit programs will be handled and administered by the Mitchell County Board of Education, employees will be entitled to sovereign immunity protection and coverage under any interlocal risk management or self-insurance fund which is available to or provided to any other employees of the Mitchell County Board of Education.
All employees at BCCS will be entitled to elect to be members of the Georgia Teachers' Retirement Program and subject to its requirements.
All employees of BCCS shall be entitled to the limitations on liability provided in O.C.G.A. Sections 20-2-1000 and 20-2-1001.
All faculty, staff, or persons who perform services for BCCS shall serve at BCCS at the will of the Governing Board and shall be employed in accordance with such terms and conditions as are contained in the Personnel Policy, the Charter, or agreed to between BCCS and of such employees by written contract. Continued employment at BCCS is subject to the continued need for services and satisfactory performance and conduct, all as determined by the Governing Board of BCCS. Employment at BCCS will be "at will" and subject to termination at any time by either the employee or the Governing Board with or without cause with the notice period stated in the employment contract. Any provisions of the Charter inconsistent with these provisions shall be deemed amended or modified. Immediate discharge is generally observed for offenses which violate trust or simply cannot be tolerated, i.e., offenses of which the following are examples:
1) Use of drugs or alcohol on campus
2) Conviction of a felony crime
3) Theft of any property
4) Willful destruction of school property
5) Reporting to work under the influence of any alcoholic or illegal narcotic.
6) Possession of firearms or other illegal weapons on school premises.
7) Deliberately making or using false records, material requisitions, passes, etc.
Faculty and staff whose behavior and conduct are deemed to be detrimental to BCCS’s character curriculum will not be retained by BCCS. Every employee serving at BCCS shall enter into a contract with BCCS. Every employee serving at BCCS shall enter into a contract with BCCS which shall provide that the employee has waived any present due process rights in connection with termination other than those rights provided by their contract with BCCS or provided in BCCS's Personnel Policy.
Upon an employee's termination, resignation or non-renewal from BCCS, BCCS shall immediately notify the Mitchell County Board of Education of the employee's change in employment, and the conditions resulting in termination, non-renewal, or resignation.
The Governing Board of BCCS will be responsible for the supervision and evaluation of the school's teaching staff on an annual basis.
The Governing Board of BCCS will be responsible for evaluating the performance of the school Administrator on an annual basis.
The teachers will be hired based upon their demonstrated skill and ability in teaching children and their academic credentials which may include 1) certification from the State of Georgia or other state which will be consistent with the areas of specialty to be taught or 2) a demonstrated subject matter expertise and a demonstrated practical ability to instruct students in the subject discipline.
Payroll.
BCCS will administer all payroll functions for its employees. BCCS reserves the right to contract with a payroll service if it is deemed necessary.
Benefits.
Employees shall be entitled to receive all benefits received by persons employed by the Mitchell County Board of Education in like positions. The Mitchell County Board of Education will provide to BCCS all information, policies, procedures, or manuals provided to other Mitchell County Board of Education employees to be distributed to BCCS’s faculty and staff regarding any and all benefits available.
Georgia Teachers Retirement.
All eligible BCCS employees will be entitled to elect to be members of the Georgia Teachers Retirement Program and subject to its requirements.
Equal Opportunity Employer.
It is BCCS's policy to afford equal opportunity to all qualified faculty and staff and applicants for employment without regard to race, color, sex, religion, age, or national origin, other than to the extent that sex or age is legally a necessary bonafide occupational qualification.
Provide for financial policies and procedures proposed to be followed by the Charter school to assure sound fiscal management and by the local Board to assure predictable flow of funds to the Charter schools.
Budget.
BCCS’s proposed budget is attached hereto. The budget sets forth a cost effective and efficient plan for educating the students of the school.
Revenue.
During the first year of this Charter, the Mitchell County Board of Education will provide funding to the school in an amount no less than $4,500.00 per student attending BCCS. To the extent the Mitchell County Board of Education makes payments directly, for example to employees, the amounts of such payments shall be deducted from the per student allotment. Federal Grant funds (Title I, Title VI, and Title VIB) will be allocated based on the site's eligibility for such funds consistent with the allocation methods used for other schools. In the event of a State QBE Program or funding elimination (for programs), the site funding will be reduced in any amount proportional to their FTE enrollment.
So long as BCCS is not in material breach of the Charter, public funding will be made available to BCCS in monthly installments consistent with the fiscal year commencing on July 1, 2000 and on July 1 each year thereafter.
Contract Purchasing.
BCCS retains the right to purchase goods and services through the contracts in effect with the Mitchell County Board of Education and its vendors. BCCS also reserves the right to obtain competitive bids and services when it is in the best interest of BCCS to do so, and to enter into purchasing contracts in substitution for or beyond those in place with the Mitchell County Board of Education.
Unless purchased under an existing Mitchell County Board of Education contract, contractual services and purchase of supplies, material, and equipment shall be procured through a system of competitive bidding for expenditures or purchases valued at greater than $10,000.00.
Services to the Mitchell County Board of Education available at low, reduced, or no cost will be made available to BCCS and the Mitchell County Board of Education will disseminate information about such goods or services to BCCS.
Payments which are authorized by BCCS to be made through the Mitchell County Board of Education will be deducted from payments otherwise due BCCS.
Lunch Program.
Students will be required to bring their own lunches at least during the first year of operation of BCCS unless BCCS is able to obtain lunchroom facilities and employees.
Transportation.
Students who attend the school will be brought by parents or mentors; however, there will be a continued discussion with the Mitchell County Board of Education regarding transportation in order to accommodate those students who prefer busing.
Facilities.
Facilities will be provided by BCCS.
Disbursements.
Disbursements from BCCS’s operating account will require the signature of the Administrator and the Governing Board Treasurer. BCCS reserves the right to re-allocate funds from one line item to another if purchasing practices or conservation result in expenditures more or less than that budgeted.
Annual Audit of Finance and Administration.
BCCS agrees to maintain appropriate financial records in accordance with all applicable federal, State, and local laws, rules, and regulations, and make such records available to the Mitchell County Board of Education in accordance with the Mitchell County Board of Education’s auditing policies and procedures. BCCS agrees to participate in the annual auditing process of the Mitchell County Board of Education and reserves the right to engage and participate in an independent, outside audit by a certified public accountant of its financial and administrative operations if the Governing Board of BCCS deems necessary. The results of any audit shall be shared between the Mitchell County Board of Education and the Governing Board of BCCS in written form within the statutory time limits required of the Mitchell County Board of Education and shall be published and posted as required by law. Any cost associated with the Mitchell County Board of Education’s audit will be borne by the Mitchell County Board of Education. Any cost associated with an independent audit authorized by BCCS’s Governing Board will be borne by BCCS. The Mitchell County Board of Education will provide necessary accounting codes and forms to facilitate checks for payroll and all other disbursements, if so requested. BCCS will maintain a comparison of actual expenditures to budgeted expenses.
No contract of BCCS will be a contract of the Mitchell County Board of Education and the Mitchell County Board of Education will not be liable for any such contracts. No employee of BCCS may bind the Mitchell County Board of Education to any contract or obligation.
BCCS will bear any costs of accreditation or waiver of SACS requirements and shall provide training required for BCCS’s renewed accreditation.
Specify the proposed duration of the Charter, not to exceed five years.
The BCCS’s Charter is proposed to have a duration of five years beginning with the academic year 2000 - 2001 and subject to renewal in accordance with O.C.G.A. Section 20-2-2064(c).
Provide for the extent to which the Charter school will be subject to the provisions of this title and state and local rules, regulations, policies, and procedures; provided, however, that the provisions of this article shall apply to the Charter school not withstanding any provision in the Charter to the contrary.
As provided in Section 20-2-2061 of the Official Code of Georgia Annotated (Charter School Act of 1998) petitioner proposes to substitute an academic performance based contract (its Charter) which shall be approved by both the Georgia State Board of Education and the Mitchell County Board of Education in lieu of State and local rules, regulations, policies, and procedures not specifically applicable to schools chartered under the Charter School Act of 1998 effective July 1, 1998 and as it may be amended.
Without limiting the provisions of O.C.G.A. Section 20-2-2065(a)(4) and to clarify the applicability of certain provisions, BCCS and its employees shall be expressly entitled to the protections afforded by the following code sections as are now or hereafter may be in effect:
1) O.C.G.A. Section 20-2-780 Change of Custody
2) O.C.G.A. Section 20-2-773 Student Health Services
3) O.C.G.A. Section 20-2-795.1 Reporting of Crimes
4) O.C.G.A. Section 20-2-1180 Loitering Upon School Premises
5) O.C.G.A. Section 20-2-1181 Disrupting Public Schools
6) O.C.G.A. Section 20-2-1182 Persons Other than Students who Insult School Teachers
7) O.C.G.A. Section 20-2-1184 Reporting of Student Committing Prohibited Acts
8) O.C.G.A. Section 20-2-1185 School Safety Rules
9) O.C.G.A. Section 20-2-1000 Limitation of Civil Damages for Disciplining Students
10) O.C.G.A. Section 20-2-1001 Definition of Educator and Immunity from Criminal Liability
11) O.C.G.A. Section 20-2-210 Annual Performance Evaluations and the Confidentiality of Such Evaluations
12) O.C.G.A. Section 20-2-506 Multi-year Lease Purchase Contracts
13) O.C.G.A. Section 20-2-720 Inspection of Student Records by Parents; and
14) O.C.G.A. Section 20-2-9990 through 20-2-994 Non-Waiver of Immunity and Liability Insurance