CHARTER SCHOOL CONTRACT BETWEEN THE RIVER VALLEY SCHOOL DISTRICT AND ARENA COMMUNITY ELEMENTARY SCHOOL, INC.

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1 Revisions 10/9/14 CHARTER SCHOOL CONTRACT BETWEEN THE RIVER VALLEY SCHOOL DISTRICT AND ARENA COMMUNITY ELEMENTARY SCHOOL, INC. THIS AGREEMENT is made as of February 13, 2014, by and between the Board of Education for the River Valley School District (RVSD), 660 W. Daley Street, Spring Green, Wisconsin, 53588, and the Governing Council of Arena Community Elementary School Inc., a Wisconsin Charter School (ACES), 314 Willow St., Arena, WI WHEREAS, the RVSD Board is authorized by Wisconsin Statute (2m)(a), to contract on its own initiative, with an individual or group, to operate a school as a charter school; and WHEREAS, The RVSD and ACES are entering into a charter school contract to operate the Arena Community Elementary School (ACES) charter school; and WHEREAS, the purpose of ACES is to improve student learning, encourage different and innovative teaching methods, create new professional opportunities for teachers, and provide parents and students with expanded educational choices; and WHEREAS, the ACES Charter Council is preparing a Charter School Initial Implementation Grant proposal to open the ACES in the fall of 2014; and WHEREAS, the Wisconsin State Legislature has expressed its intention that charter school authorizers hold charter schools accountable for meeting measurable student outcomes, and to be accountable for financial, programmatic and compliance audits of public charter schools; NOW THEREFORE, the parties agree as follows: ARTICLE I DEFINITIONS AND PERSON SEEKING TO ESTABLISH ACES A. Definitions. 1. Applicable Law means all federal, state, and local law now or in the future applicable to Wisconsin Charter Schools. 2. Board or Board of Education means the Board of the River Valley School District. 3. Day means calendar day. (a) The first day shall be the day after the event, such as receipt of notice. (b) Each day after the first day shall be counted, except that a Saturday, Sunday, or legal holiday shall not be counted if it would be the final day of the period. 4. District means the River Valley School District as well as any successor to it that may have jurisdiction over or statutory duties with respect to Arena Community Elementary School. 5. District Administrator means the District Administrator of the River Valley School District or any designee of the District Administrator. 6. Governing Council means the Arena Community Elementary School governing council members. 7. Parties means the River Valley School District and Arena Community Elementary School. B. Person Seeking to Establish ACES: The Governing Council of the Arena Community Elementary School (ACES) is seeking to establish ACES. Page 1 of 13

2 ARTICLE II GOVERNANCE STRUCTURE A. Administration. ACES is an instrumentality of the River Valley School District (RVSD). Except as otherwise set forth in this Agreement, ACES shall be governed in accordance with the policies and procedures of the RVSD. B. ACES. ACES will be governed by a council (the ACES Governing Council), consisting of 5 (five) individuals who are 2 (two) parents of ACES students, and 3 (three) River Valley School District community members. Subsequent Governing Council members will be elected in accordance with the ACES Bylaws attached hereto. The ACES Governing Council will ensure that the terms of this Agreement with the River Valley School District are fulfilled. A quorum of the ACES Governing Council will meet at least monthly and the ACES Governing Council may form committees as needed. The ACES Governing Council shall not delegate to any other entity the authority or responsibility described in this Agreement. The Council shall have the authority to implement the purposes, the educational program, and the educational methods of ACES as defined in this Agreement. The ACES Governing Council shall be committed to maintaining parent involvement in ACES by parent positions on the ACES Governing Council and at the committee level. C. ACES Governing Council Authority. The ACES Governing Council shall have the authority to implement the purposes, the educational program, and the educational methods as defined in the Agreement. This responsibility includes: 1. Setting the educational philosophy of ACES to be consistent with the Mission and Vision of ACES 2. Budget expenditures of allocated funds, grant funds, and funds awarded to or specifically granted to ACES 3. Curriculum development 4. General procedures and operations of ACES 5. Personnel hired as described herein 6. Dissemination of information 7. Fund raising 8. Marketing, registration and enrollment 9. Ensuring compliance with this Agreement 10. Appointment or election of the requisite number of Governing Council members 11. Instruction based on the four pillars as described in the grant 12. Calendar and daily schedule 13. Policies and procedures unique to the daily operations of ACES that are not addressed in existing RVSD policies. 14. Any other authority granted by this Agreement. D. Waivers. Under WI Stat. Sec (7)(b) Except as otherwise explicitly provided, chs. 115 to 121 do not apply to charter schools. ACES is granted the following exemptions from RVSD policies: POLICY # POLICY INFORMATION #321 School District Calendar: To allow flexibility in the scheduling of ACES #322 School Day: To allow flexibility in establishing the daily time schedule at ACES #330 Curriculum Development: To allow the ACES Governing Council and staff to establish a curriculum that is in line with the mission and vision of ACES Page 2 of 13

3 #341 Basic Instructional Program: To allow the ACES Governing Council and staff to determine the courses of instruction offered at ACES #345.1 Grading Systems: To allow the ACES Governing Council and staff to develop a grading policy and report card for ACES #346 Testing Programs: To allow the ACES Governing Council to design and model successful assessment programs and Response to Intervention (RtI) procedures. These shall be appropriate to the mission/vision of ACES. #361 Selection of Instructional Materials: To allow the ACES Governing Council and staff to select instructional materials for ACES #532 Professional Staff Contracts: To allow flexibility in adjusting the non-student contact days for professional staff development #535 Professional Staff Development Opportunities: To allow the ACES Governing Council and staff to develop a professional development plan and schedule. The professional development plan will include training in Responsive Classroom, Teacher-Led, STEM practices, and Inquiry Based learning and will involve RVSD staff from other schools whenever possible. #536 Professional Staff Evaluation: To allow the ACES Governing Council and staff to develop staff evaluation. Employee Handbook, Contracts, and Collective Bargaining Agreements: The RVSD will formally advise ACES of any contractual obligations that may impact ACES' ability to implement the program design. The RVSD may advise and guide the process necessary to obtain waivers from, or modifications to, contracts, collective bargaining agreements, and/or the employee handbook on behalf of ACES. If the RVSD adopts new policies following the execution of this Agreement, the ACES Governing Council shall have the ability to seek waivers as needed to operate ACES. E. Building Administrator. For the school year, the building administrator of ACES shall be assigned by the RVSD District Administrator. Beginning with the school year, the ACES Governing Council shall select one or more lead teacher(s) to serve at ACES. The lead teacher(s) will oversee the day-today operation of ACES and will act as liaison to the RVSD and Governing Council to ensure the educational goals of ACES are met. When RVSD policy requires a decision to be made or an action to be taken by a building administrator, the lead teacher(s) and the building administrator for ACES shall determine all operational and policy decisions not determined by state law or this Agreement. For the school year, the building administrator will be fully funded by the RVSD. In the school year, ACES will fund the Teacher-Led position(s) with grant dollars and district funds if available. F. Teacher Team. The teacher team shall consist of all ACES teachers. The teacher team shall manage the daily operations and curriculum implementation that has been adopted by the ACES Governing Council, except as otherwise specified in this Agreement. G. Administrative Services. The RVSD will provide administrative and record-keeping services in a similar manner to that provided to other RVSD elementary schools. The services include, but are not limited to: 1. Business Services: In addition to a monthly printout of expenditures and revenues, the following business services will be provided: Purchasing, Accounting/Bookkeeping, Risk Management, Auditing, Cash Management, Enrollment administration. 2. Human Resources: Payroll/Benefits Administration and Labor Relations, postings for positions at Page 3 of 13

4 ACES, and background checks for staffing purposes. 3. District Administrator: Scheduling of building events at ACES that are necessary for district-wide purposes and discipline issues that are not handled within the scope of the teacher-led model. ARTICLE III EDUCATIONAL PROGRAM A. Purpose. ACES is designed as an innovative school that will provide students with an inquiry based education steeped in Science, Technology, Engineering, and Math (STEM) practices. Students will develop skills that will allow them to read with comprehension, communicate clearly, utilize technology, think critically, work effectively with others, and use information to solve problems. B. Students Served. ACES is a conversion charter school. Students enrolled at Arena Elementary School at the time of the enrollment process will be given first priority for enrollment. Secondary priority will be given to families currently residing in the RVSD but outside the Arena Elementary attendance area. If more students apply than space is available, admissions will be conducted by a lottery process. The maximum number of students in Kindergarten through Grade Three will be determined by the maximum numbers as required by the Student Achievement Guarantee in Education (SAGE) grant, so long as the grant is continued, and will be a maximum of 18 (eighteen) students to 1 (one) teacher. If the SAGE grant is discontinued, the maximum number of students in Kindergarten through Grade Three shall be jointly determined by the ACES Governing Council and RVSD. The maximum number of students in Grades 4 and 5 shall be jointly determined by the ACES Governing Council and RVSD. No student will be required to attend ACES. Placement will be done by mutual consent of the student's parent or legal guardian, ACES and the RVSD. Upon admission, the parent will sign a one-year agreement of commitment. Once a student has been admitted, he/she may remain in attendance through grade five without reapplying for admission. Any pupil, who is a resident of RVSD and does not choose to enroll in and attend ACES, may attend another school operated by the District where transportation by the District is provided or parents/guardian may provide their own transportation. C. Mission/Vision. ACES will provide an integrated inquiry-based education steeped in STEM practices to empower learners to meet the opportunities and challenges of the 21 st century. ACES will work to provide a learning environment that fosters excellence through rigor, relevance, and compassion. The design of ACES is based on the following pillars of innovation: Inquiry-based learning: ACES will follow a student-centered and teacher-guided instructional approach that will engage students in investigative real world questions that they choose within a broad thematic framework. STEM education: ACES will focus on Science, Technology, Engineering, and Math to help students gain the skill required to succeed in today's challenging world. Responsive Classroom: ACES will utilize this research and evidence based approach in the following domains: Engaging Academics, Positive Community, and Effective Management. Teacher-Led: ACES will work not just to make classroom decisions, but also to collectively-with their colleagues-make the decisions influencing whole school success. In keeping with the spirit and mission of ACES, the ACES Governing Council and staff invite others to participate in the implementation and continued growth of the school. The ACES Governing Council and staff embrace collaboration and encourage growth of the ACES mission and vision through these connections. D. Curriculum. Evidenced-based curriculum, curricular materials, and teaching strategies will be developed by the ACES staff and approved by the ACES Governing Council and will coincide with the mission and vision of ACES. The curriculum will meet the following expectations for students: 1) academic skills and knowledge in the core areas of reading, math, social studies, and science; 2) technology skills as they relate to Page 4 of 13

5 STEM practices; 3) citizenship and social development; and 4) personal development. The educational program will consist of these main features: 1. Literacy: Literacy will be taught utilizing a balanced literacy approach and integrated into STEM practices. Components will include, but not be limited by, guided reading, self-selected reading, and read-alouds. Writing will be integrated into the literacy program at all levels. 2. Mathematics: Mathematics will be taught utilizing a balanced mathematics approach and integrated into STEM practices. The curriculum will be based on a hands-on, integrated, balanced mathematics model. 3. Science, Technology, Engineering, and Math: STEM will utilize an inquiry and project based learning model that will be delivered across all grade levels. STEM education results in the development of skills in critical thinking, problem solving, innovation, and creativity. STEM skills will prepare ACES students for the high demand jobs of the future and improve their learning in other subjects. 4. Technology: Technology integration is achieved when technology tools support the curriculum and help students reach their goals. It will provide them with access to up to date material, collaboration with people from around the world, and opportunities to express learning through images, sound, and text. 5. Other Curriculum: Art, Music, Physical Education, and Guidance will be integrated into the curriculum and provided by the RVSD in a similar manner to those in the other elementary schools in the RVSD. 6. Media Services: Library functions such as cataloguing, shelving, and checking books in and out will be done by RVSD employees. The budget utilized for ACES will be equal to or similar to that of the other schools in the RVSD. No purchases shall be made for the ACES library without collaboration of the ACES teacher team and Governing Council. ARTICLE IV METHODS OF ATTAINING EDUCATIONAL GOALS The goals of ACES are to improve student skills and learning through STEM and inquiry based learning. In implementing STEM practices, students will need STEM materials, regular access to computers or other technical devices, and time to work on projects. The daily schedule will allow students to work on individual and group STEM projects complemented by multiple teaching approaches. The methods ACES will use to enable students to attain the educational goal under s are described in Article III above. ARTICLE V METHODS OF MEASURING STUDENT PROGRESS Student progress will be obtained through formative and summative assessments and will be monitored through both formal and informal assessment methods. Students at ACES will participate in state and federally mandated tests including the national standardized assessment required of all charter schools. In addition, ACES staff may administer other assessments as decided upon by the staff and approved by the ACES Governing Council. Student and school performance will be communicated to the parents through a variety of methods to include: parent-teacher conferences, newsletters, and report cards or alternative reporting procedures as determined by the ACES staff and Governing Council. In accordance with the mission and vision of ACES and State and Federal guidelines, along with guidance from RVSD, ACES will establish a clear organizational framework for delivering high levels of academic and behavioral success for all students by supporting student learning with a multi-level system of RtI support. ARTICLE VI STAFF QUALIFICATIONS AND PERSONNEL ISSUES A. Staff Allocation. All ACES staff shall be employees of the RVSD. ACES shall be allocated staff based on the procedures for serving students as specified in Article III B. in this contract. RVSD will provide staffing for building maintenance at a similar ratio as other RVSD elementary schools. Instructional assistants Page 5 of 13

6 and building secretarial assistance will be provided by the RVSD at a similar ratio as other RVSD elementary schools. B. Licensure. All instructional staff at ACES must satisfy the requirements for instructional personnel as established by Wisconsin law. All persons employed by or working at ACES shall be screened as required by law. Staff members will be required to participate in trainings specific to the goals, mission, and curriculum of ACES. Professional staff must complete training in the educational models as described in Article III D. in this contract within a year of being hired. C. Hiring. Open teaching and support staff positions will be posted as per RVSD guidelines. The ACES Governing Council, Elementary Director, and staff representatives will screen and interview candidates and give the names of the candidates who meet District and ACES standards to the RVSD District Administrator. The RVSD District Administrator will then submit the names to the RVSD Board of Education for hiring. The ACES Governing Council shall set clear expectations for employee performance and conduct consistent with Governing Council s policies. D. Nondiscrimination. ACES shall not discriminate against any qualified employee or qualified applicant for employment because of sex, race, creed, religion, genetics, color, national origin or ancestry, age, disability, marital status, sexual orientation, arrest record, conviction record, military service, use or non-use of lawful products off-premises during nonworking hours, or declining to attend a meeting or to participate in any communication about religious matters or political matters. E. Professional Development. The ACES staff and Governing Council shall develop a professional development and in-service plan and schedule. These professional development sessions will include training on teaching 21 st Century Skills, STEM practices, Responsive Classroom, and Literacy. During the school year, with the goal of aligning professional development with RVSD professional development, ACES shall have the autonomy to opt out of professional development offered by the RVSD that is not consistent with ACES mission and vision, unless required by state or federal law. ACES reserves the right to opt out of additional state and federal mandates that are allowable under current charter school law. The RVSD shall provide to ACES proportional federal, state, or local funds utilized by the RVSD for teacher training. F. Evaluations. Evaluations of ACES staff will be congruent with the ACES curriculum and philosophy and in conjunction with RVSD's educational model. The model for evaluations shall follow any state and federal requirements. Evaluations beyond state requirements shall be developed by the teacher team and the ACES Governing Council. Data from evaluations shall be provided through an annual report from the ACES Governing Council to the RVSD District Administrator. The RVSD District Administrator shall determine the evaluative model to be utilized for staff members at ACES that are assigned to more than one school in the RVSD. ARTICLE VII STUDENT HEALTH AND SAFETY ACES shall comply with all applicable federal and state laws, as well as Board policy, concerning student welfare, safety, and health, including but not limited to the reporting of child abuse, truancy, accident prevention and disaster response, and the lawful operation of school facilities. ARTICLE VIII MEANS OF ACHIEVING RACIAL/ETHNIC BALANCE ACES welcomes students from all populations regardless of race, national origin, color or ethnicity, ACES will strive to have a racial/ethnic balance that reflects the RVSD school community. Page 6 of 13

7 ARTICLE IX ADMISSION REQUIREMENTS A. Non-Discrimination. ACES shall not discriminate in admission or deny participation in any program or activity on the basis of a student's sex, race, color, religion, national origin, ancestry, pregnancy, marital or parental status, sexual orientation, or physical, mental, emotional, or learning disability. B. Entry Criteria. The process for entry into ACES is as follows: 1. Any student that is enrolled at Arena Elementary School at the time of the enrollment process will be given first priority to attend ACES. Priority for incoming five-year-old kindergarten students will be given to students who are living in the Arena Elementary School attendance area at the time of the enrollment process and have completed the enrollment application for ACES. 2. Siblings of students that are enrolled at Arena Elementary School at the time of the enrollment process but are not attending Arena Elementary School at the time of the enrollment process will be given second priority to attend ACES. 3. If ACES reaches maximum enrollment, ACES will work in collaboration with RVSD to determine the procedure for accepting students. 4. If the maximum enrollment allowed has not been met by #1 or #2 above, other students will be allowed to apply and a lottery will be held (with both ACES and RVSD representatives present) to determine enrollment until the maximum capacity of ACES has been reached. Once the maximum capacity of ACES has been reached through the lottery process, a waiting list will be developed in the order in which applicants names are drawn during the lottery. Siblings of either RVSD residents or non-residents will be assigned concurrent priority in the lottery draw. Applicants will include, in the following order of priority: Students who live in the Arena attendance area but are not enrolled at Arena Elementary School at the time of the enrollment process. Students from other RVSD attendance areas. Open enrollment students. Students who live in the ACES attendance area but are not enrolled at ACES at the time of the enrollment process will be given priority over non-attendance area students. No priority will be granted to students whose families live outside of the Arena attendance area. Families that move into the Arena enrollment area after the application/enrollment process has been completed will be allowed to attend ACES provided the maximum capacity of ACES has not been reached. C. Application Periods. The RVSD and the ACES Governing Council will annually provide information about the application process to families of ACES students and the RVSD community through a variety of means. On or after March 1, 2014, if the maximum enrollment of ACES has not been reached as specified by the Entry Criteria as listed in Article IX B. above, applications will be considered. Applications must be received no later than March 15, A lottery will be completed no later than March 30, D. Transfers. Transfers of students to or from ACES will be completed in accordance with the needs of the students and the schools. A transition plan will be developed by the teachers in consultation with the child's parents. ARTICLE X FINANCIAL RESPONSIBLITIES A. Charter School Funding. The RVSD will determine a per pupil budget for non-capital objects. This amount will be budgeted for ACES during the RVSD budget planning time for the upcoming school year. Page 7 of 13

8 B. Allocations of Grant Funds. The ACES Governing Council is authorized to apply for grants that support the implementation of the ACES plan. The ACES Governing Council shall expend any grant monies it may receive in a manner consistent with the terms of this Agreement as well as the grant. The District shall not expend any grant funds awarded to ACES without approval from the ACES Governing Council. The RVSD may include ACES in grants it applies for (e.g., after school programs). The RVSD shall inform the ACES Governing Council of any grant applications that includes ACES. C. Allocation of General and Administration Expenses. These expenses from RVSD must be cooperatively approved by the ACES Governing Council and RVSD prior to the school year. D. Financial Operations. The RVSD will provide fiscal services to the ACES Governing Council including payroll, bookkeeping, grant claims, and record keeping. The RVSD shall maintain a separate budget in the RVSD's master budget for ACES's five (5) year RVSD funded operating budget, including income and expense account series following the Wisconsin Uniform Financial Accounting Requirements (WUFAR) codes. The budget shall be clearly identified by assigning a project code that distinguishes it from other school funds. The ACES Governing Council and staff will follow RVSD fiscal procedures for making requisitions and documenting expenditures. The RVSD shall provide monthly budget reports to the Lead Teacher(s) and ACES Governing Council. ACES shall maintain detailed records of all donations to ACES, or its assigns, including capital and non-capital objects (i.e., computers, furniture, materials, food, supplies, etc.) All donations shall be formally accepted by the ACES Governing Council. E. Audits. As an instrumentality of RVSD, ACES will be included in the RVSD s annual audit and conducted at the expense of RVSD. ACES will participate in all financial audits and comply with all audit procedures and requirements of the RVSD audit team as contracted by RVSD. Funds provided by or procured for ACES as an instrumentality and component unit of RVSD are subject to RVSD s fiscal accounting procedures, including audits, and will be included in RVSD s financial statements as determined by RVSD s audit team. Any other report or reports required by state or federal law not otherwise described in this Agreement shall be compiled by the RVSD. ARTICLE XI STUDENT DISCIPLINE ACES will use the Responsive Classroom model that focuses on building a caring, safe classroom of elementary learners. The model relies on positive feedback and consistent communication between ACES staff, students, and families. ACES shall comply with all applicable state and federal laws and Board policies regarding student suspensions and expulsion procedures, including but not limited to, all due process requirements. ARTICLE XII FACILITIES/INSURANCE A. Facilities. ACES will be located at 314 Willow St., Arena, WI, All property associated with ACES is part of the RVSD. The facilities will be maintained by the RVSD to meet all applicable health, safety and fire code requirements Page 8 of 13

9 and shall be of sufficient size to safely house students. The facilities shall also conform to applicable provisions of the Americans with Disabilities Act and any other federal or state requirements applicable to Charter Schools. Equipment in ACES classrooms will be maintained by the RVSD. The ACES Governing Council shall have the option to purchase additional instructional technology and other equipment using fiscal resources awarded to it from local, state, and federal grants, or private donations. B. Liability Insurance. ACES will be a school within the RVSD. Property, liability, worker's compensation, and collision insurance(s) will be provided by the district. The RVSD shall provide indemnity insurance to the ACES Governing Council. ARTICLE XIII RESPECTIVE LIABILITIES A. Generally No Effect on Liability of the RVSD. The parties agree that the establishment of ACES shall have no effect on the liability of the RVSD, other than those obligations specifically undertaken by the RVSD under this Agreement. B. Transportation. The RVSD will provide student transportation to ACES for all resident students in the Arena attendance area attending ACES that live outside of the safe walking zone and as set forth in the transportation policies of the RVSD. C. School Calendar. ACES will follow the RVSD calendar for dates of operation. The ACES Governing Council is authorized to schedule in-services, field trips, parent teacher conferences, and other school dates that may differ from the RVSD calendar. The ACES Governing Council is authorized to approve a summer school program for ACES. The ACES Governing Council and ACES staff are authorized to establish a daily schedule that will allow it to implement its mission and vision. School day start and end times for students will be consistent with the building schedule. D. Food and Nutrition Services. The RVSD shall provide food service for students attending ACES according to RVSD policy and on the same basis as such service is provided to students in RVSD non-charter schools. XIV DUTIES AND RESTRICTIONS A. Non-Sectarian. ACES shall be non-sectarian in its programs, referrals, employment practices and all other operations. B. Tuition. ACES shall not charge any tuition. ACES may charge an Activity Fee provided the ACES Governing Council has approved the activities and corresponding fees. C. Special Education. The River Valley School District will provide special education services to students in ACES as needed. ARTICLE XV DISPUTE RESOLUTION ACES and the RVSD agree to work together in a spirit of collaboration and on behalf of the educational welfare of students and in support of the mission and vision set for the for ACES. Should a conflict or dispute arise between the RVSD and ACES the parties will work to resolve the conflict or Page 9 of 13

10 dispute as follows: 1. If the matter is a building-level matter, the ACES lead teacher(s) shall work with the ACES Governing Council to attempt to resolve the matter. 2. If the matter is a district-level matter, the ACES lead teacher(s) and the appropriate RVSD administrative employee shall attempt to resolve the matter. The ACES Governing Council shall be involved as determined by the ACES lead teacher(s). 3. If no resolution is reached under numbers (1) or (2) above, a representative of the ACES Governing Council and the District Administrator shall attempt to resolve the matter. 4. If no resolution is reached under number (3) above, ACES and the RVSD shall attempt to resolve the matter through non-binding mediation to be conducted by a mediator and under procedures mutually agreed upon by the parties. 5. If no resolution is reached under number (4) above, or if within 30 days of one party s request in writing to the other to engage in mediation, no agreement has been reached on the selection of a mediator or procedures for mediation, the parties agree to submit the dispute to an arbitration panel composed of two members selected by ACES, two members selected by the RVSD, and one member selected by the other four members. The provisions of Chapter 788, Wisconsin Statutes, shall govern arbitration. 6. The dispute resolution procedure, unless specifically agreed to in writing by both parties, does not apply to termination of this agreement by either party under Article XVI. ARTICLE XVI TERM; RENEWAL; TERMINATION OF AGREEMENT A. Term. The Term of this Agreement shall be for no more than five (5) years commencing on February 13, 2014 and shall expire at midnight, on June 30, 2018, unless terminated or extended pursuant to the terms of this Agreement. B. Renewal. Pursuant (3)(b), Wis. Stats., upon expiration of the Term, the Board may renew this Agreement for such additional Terms, of up to five (5) years each, as the Board deems appropriate. C. Agreement Modification. No material amendment to this Agreement shall be valid without the approval of the ACES Governing Council and the Board. This Agreement may only be modified in writing and with the mutual agreement of both parties. D. Termination. In the event of termination of this Agreement for any reason, the Board shall recover all funds advanced to ACES under this Agreement to which ACES is not otherwise entitled. Any materials or equipment purchased by the ACES Governing Council for use in ACES shall remain the property of the RVSD, in accordance with state statutes. E. Termination by the Board. The RVSD School Board may terminate this Agreement if: 1. The RVSD Board determines that the ACES Governing Council has violated this Agreement. When the RVSD asserts a material default on the part of ACES, the RVSD will provide written notice of the specific material default asserted and afford ACES sixty (60) days in which to cure the asserted material default. 2. The RVSD Board determines that students enrolled in ACES have failed to make sufficient progress toward attaining the educational goals set forth in this Agreement or under Wis. Stats., the Wisconsin statute defining public school educational goals and expectations. If an extension of time to attain such goals is requested by ACES in writing, such request shall include a written plan, acceptable to the RVSD Board, setting out the additional steps ACES will take to attain such educational goals within a reasonable time. The determination of the Board as to the acceptability of ACES written plan for attaining its educational goals shall be final. If the Board accepts such written plan, or a modified plan, ACES shall be allowed a reasonable time in which to correct such progress deficiencies. Page 10 of 13

11 3. Fiscal Management. The RVSD Board determines that ACES has failed to comply with the generally accepted accounting standards associated with WUFAR. When the RVSD asserts a material default on the part of ACES, the RVSD will provide written notice of the specific material default asserted and afford ACES sixty (60) days in which to cure the asserted material default. 4. Violation of RVSD District Policy When the RVSD asserts a material default on the part of ACES, the RVSD will provide written notice of the specific material default asserted and afford ACES sixty (60) days in which to cure the asserted material default. 5. Violation of Wis. Stat The RVSD Board determines that ACES has otherwise violated Wis. Stat When the RVSD asserts a material default on the part of ACES, the RVSD will provide written notice of the specific material default asserted and afford ACES sixty (60) days in which to cure the asserted material default and ACES will still retain its rights under Article XV. 6. Felony Violations. The RVSD Board determines that any ACES staff or ACES Council member has been convicted of a felony, the ACES Governing Council will have sixty (60) days to address the issue. 7. Charter School Legally Determined to be Invalid. A court of competent jurisdiction, after all appeals have been exhausted, determines that ACES is invalid or otherwise violates state law. 8. Insolvency. The RVSD Board determines that ACES revenues (e.g., grant dollars, donations, fund raising dollars, additional dollars, etc.) are insufficient to pay its independently incurred expenses as they come due. 9. Emergency Termination or Suspension. If the RVSD Board determines that any of the causes for termination set forth above have occurred and the issue has not been resolved through the dispute resolution process outlined in this Agreement and determines in its sole and absolute discretion that the health or safety of the students of ACES is at risk, the RVSD Board shall provide the ACES Governing Council written notice of such cause for termination and, upon delivering such notice, may either immediately terminate this Agreement or may establish administrative control of ACES pending further Board action. F. Notice. Written notice of such termination shall be provided to ACES via certified or registered mail, return receipt requested, and shall include the stated reasons for the termination and its effective date. Notice shall be effective 2 days after delivering the pertinent notice to the control of the United States Postal Service, if made by certified or registered mail with return receipt requested. The RVSD Board may issue a provisional notice of termination to be effective at the end of the current semester. Prior to the effective date of termination as stated in the notice, the RVSD Board may require that ACES undertake corrective and remedial actions identified by the RVSD. Termination of this Agreement may be suspended upon compliance by ACES with the corrective and remedial measures. Unless otherwise suspended, the provisional notice of termination will be effective on the date set forth in the provisional notice. In the event of termination, materials and equipment purchased with district funds of any character will remain the property of the district. G. Termination by the ACES Governing Council. The ACES Governing Council may terminate this Agreement if any of the following occur: 1. The District defaults materially in any of the terms or conditions contained in this Agreement. 2. The District willfully provides ACES false or intentionally misleading information or documentation in the performance of this Agreement. The ACES Governing Council shall provide notice of termination effective June 30 of any year upon written notice to the District prior to January 31 of the same year. When the ACES Governing Council asserts a material default on the part of the district, the ACES Council will provide written notice of the specific material default asserted and afford the District 60 calendar days in which to cure the asserted material defaults. H. Dissolution. In the event the ACES Charter Council should be dissolved, the RVSD shall assume ownership of all ACES assets and unspent funds unless otherwise specified by state or federal law. Page 11 of 13

12 ARTICLE XVII NOTICES Whenever under this Agreement notice must or may be given to the other party, or whenever information may or must be provided to the other party, the party who may or must give notice or provide information shall fulfill such responsibility under this Agreement if notice is given or information is provided to: To the Board: To the ACES Governing Council: With a Copy to: Kay Lynn Taylor, Board President River Valley School District Board of Education 660 W. Daley St. Spring Green, WI Eric Ferguson, President ACES Governing Council E4529 Sherwood Dr. Spring Green, WI Thomas Wermuth, District Administrator River Valley School District Board of Education 660 W. Daley St. Spring Green, WI ARTICLE XVIII APPLICABLE LAW This Agreement shall be governed by the laws of the State of Wisconsin and of the United States. If this Agreement references a provision of the Wisconsin Statutes or United States Code or implementing code, rule, or regulation, and such provisions, code, rule, or regulation is subsequently amended, such reference in this Agreement shall be deemed to be amended to conform to the amended provision, code, rule, or regulation. ARTICLE XIX SEVERABILITY If any term or provision of this Agreement shall be found by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, the same shall not affect the other terms or provisions hereof or the whole of this Agreement, but such term or provision shall be deemed modified to the extent necessary in the court's opinion to render such term or provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent the agreements of the parties herein set forth. ARTICLE XX ENTIRE AGREEMENT This Agreement sets forth the entire agreement among the Parties with respect to the subject matter of this Agreement. All prior application materials, agreements or contracts, representations, statements, negotiations, understandings, and undertakings are superseded by this Agreement. Page 12 of 13

13 ARTICLE XXI ASSIGNMENT This Agreement is not assignable by either Party without the prior written consent of the other Party. ARTICLE XXII NON-WAIVER Except as provided herein, no term or provision of this Agreement shall be deemed waived and no breach of default shall be deemed excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. No consent by any Party to, or waiver of, a breach or default by the other, whether expressed or implied, shall constitute a consent to, waiver of, or excuse of any different or subsequent breach or default. ARTICLE XXIII FORCE MAJEURE If any circumstances occur which are beyond the control of a Party, which delay or render impossible the obligations of such Party, the Party s obligation to perform such services shall be postponed for an equivalent period of time or shall be canceled, if such performance has been rendered impossible by such circumstances. ARTICLE XXIV NO THIRD PARTY RIGHTS This Agreement is made for the sole benefit of the Parties. Except as otherwise expressly provided, nothing in this Contract shall create or be deemed to create a relationship among the Parties or any of them, and any third party, including a relationship in the nature of a third party beneficiary or fiduciary. IN WITNESS WHEREOF the parties have caused this Agreement to be executed by their duly authorized representatives as of the date written below. For the RVSD Kay Taylor, President RVSD Board of Education Signature: Date Thomas Wermuth, RVSD District Administrator Signature: Date For ACES: Eric Ferguson, ACES Governing Council President Signature: Date Page 13 of 13