Manzanita Charter Middle School Charter Document

 

Element 15: Dispute Resolution Process, and Oversight, Term, and Renewal of the Charter

I.  Dispute Resolution

The Manzanita Board of Directors will adopt policies and procedures for airing and resolving internal disputes.

The governing board of the chartering district agrees to refer all complaints regarding the school's operations to the Chair of the Manzanita Board for resolution in accordance with the school's adopted policies. Parents, students, board members, volunteers, and staff will be provided with a copy of the school's policies and dispute resolution, and will agree to work within the stated parameters. In the event that Manzanita Charter Middle School's adopted policies and processes fail to resolve the dispute, the chartering district will not intervene in the dispute without five business days’ prior written notice to the Manzanita Board specifying the rationale for the District’s decision to intervene on the basis that either (i) the matter relates directly to one of the reasons specified in law for which a charter may be revoked; (ii) such intervention is reasonably necessary in order for the District to avoid liability to the aggrieved party; or (iii) such intervention is directly related to the District's exercise of a duty, responsibility, or authority as the chartering agency under the Charter Schools Act, this Charter, or the Administrative Services Agreement between the District and Manzanita Charter Middle School.

The chartering district may informally visit any part of the school at any time, but shall provide reasonable prior notice by telephone or fax to the Administrative Manager and conduct the visit so as not to disrupt school activities.  To arrange for an audit, inspection or other observation, the chartering district shall provide five or more business days’ prior written notice to the Chair of the Manzanita Board identifying the purpose and persons who will be participating for the District.  Audit, inspection, monitoring, and oversight activities will not be delegated or subcontracted by the District to a third party; provided, however, that this shall not prohibit the District from employing expert consultants to assist the District’s inquiries.

In the event that any dispute arises between the District and the Manzanita Charter Middle School relating to this Charter, the parties hereby agree to initially attempt to settle such dispute by meeting and conferring with each other and to make a good faith attempt to resolve the dispute.

In the event that the parties are unable to resolve any dispute by meeting and conferring, the parties shall then attempt to settle any such dispute by a non-binding mediation, before a single neutral mediator, subject to the following:

•                The mediator shall be assigned at random by a mutually agreed upon mediation service provider located within Contra Costa County.

•                A demand for mediation must be in writing and must be made by the aggrieved party within forty-five calendar days of the event giving rise to the demand.

•                The mediation shall commence within forty-five calendar days from the date of the receipt of the Mediation Demand, and shall be concluded no later than fifteen calendar days thereafter.

•                The administrative costs of conducting the mediation shall be shared equally between the parties.

•                In the event that the dispute is not resolved through mediation, then upon the written request of either party delivered within ten calendar days of the conclusion of mediation, the matter shall be submitted to non-binding arbitration conducted in Contra Costa County, California before a single neutral arbitrator pursuant to the rules of the American Arbitration Association or other mutually-acceptable set of procedures.  The arbitration shall commence within forty-five calendar days from the date of the receipt of the Arbitration Demand, and shall be concluded no later than fifteen calendar days thereafter.  The arbitrator shall be selected from a panel by a process of alternating elimination of the other panelists by the parties.  The panelists must be attorneys at law with not less than five (5) years experience in California school law or other mutually acceptable professionals.  All proceedings shall be audio recorded and copies of the recorded proceedings made promptly available to the parties.  The arbitrator shall prepare in writing and provide to the parties a determination together with the reasons therefor. The administrative costs of conducting the arbitration shall be shared equally between the parties.

II.  Charter Oversight, Renewal, and Term

Manzanita Charter Middle School and the chartering district will work together 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.  The initial grant of the charter shall be for a five-year term.

The District will receive and review the annual fiscal and programmatic audit and performance report as specified in Element 9. Within two months of the receipt of this annual review, the chartering district must notify the Manzanita Board 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 conclusions of the chartering district. If, in its review of the school's annual report, the chartering district determines the school is making satisfactory progress toward its goals, this charter, and any mutually agreeable amendments, will be renewed for no less than five years.

The charter may be amended, from time to time, by the Manzanita Board with notice to and consent of the District.  In the event of any disagreement over a proposed charter amendment, the Manzanita Board representatives will meet and confer with District representatives to resolve the issues and, if necessary, work through the dispute resolution process set forth under Element 15.

III.                  Revocation

The District may revoke this Charter upon a finding by the Board of Trustees of the District that Manzanita Charter Middle School has done any of the following:

                  (a)                  Committed a material violation of any of the conditions, standards, or procedures set forth in this Charter or any Administrative Services Agreement between the parties and failed to promptly remedy the same after receiving notice of the violation from the District.

                  (b)                  Failed to meet or pursue any of the pupil outcomes identified in the Charter and                   such failure has resulted in a failure by Manzanita Charter Middle School to deliver educational services commensurate to those available within the other                   middle schools operated by the District.

                  (c)                  Failed to meet generally accepted accounting principles and failed to promptly come into GAAP compliance after receiving notice of the violation from the District or its auditors.

                  (d)                  Has engaged in fiscal mismanagement and failed to promptly correct the violation and institute preventative oversight procedures satisfactory to the District.

                  (e)                  Violated any provision of law and failed to promptly and fully correct the violation and provide evidence of the correction satisfactory to the District.

The District not shall commence an action to revoke this Charter without exhausting the dispute resolution process except where the District determines the cause for revocation poses a severe and imminent threat to the health and safety of pupils.