THE SCHOOL DISTRICT OF PHILADELPHIA BOARD OF EDUCATION PUBLIC MEETING AGENDA AUGUST 26, 2022 Call to Order - Joyce S. Wilkerson, President Roll Call Presentations • Bluford & Daroff Update Board of Education - Other Written Testimony Registered Student Speakers Registered Speakers on General Topics • General Speakers List Action Item 1. Universal Bluford Charter School and Universal Daroff Charter School – Approval of Release and Settlement Agreement - Updated 8.26.2022 Board of Education - Other Adjourn Email: schoolboard@philasd.org Twitter: @PHLschoolboard | Facebook: @PHLschoolboard
Presentations - • Title: Bluford & Daroff Update Board of Education Meeting Date: 8/26/2022 Office Originating Request: Board of Education ATTACHMENTS: Description Type 8_26_2022 Presentation - FINAL Supporting Document
Board of Education Special Meeting Charter Schools Office August 26, 2022 1
2 Status Update The CSO previously raised concerns about facilities, staffing and student safety at both Bluford and Daroff: - Staffing - Both charter schools have been significantly understaffed. Over the past month, Bluford indicated that it had at least 17 teacher vacancies and Daroff indicated that it had at least 25 teacher vacancies. - Educational Programming - Staffing shortages may lead to compromised delivery of instruction. - Facilities - Fire alarm system, building conditions, readiness for occupancy. - Operations - Significantly delayed updates from the charter schools regarding student information and required transportation services. - Overall Student Safety
3 Proposed Agreement with Bluford/Daroff Board The Combined Board of Bluford and Daroff have agreed to the following terms: 1. Bluford will remain open for SY 2022-23 only. Bluford agrees to close its Charter School effective June 30, 2023. 2. Daroff agreed to close its Charter School effective immediately and will not file an appeal or seek a stay. 3. Bluford’s enrollment for SY 2022-23 is anticipated to be up to 700 students in order to serve some Daroff students, inclusive of 7th and 8th grade students from Daroff. 4. The Board of Education reserves all rights to take immediate action to revoke the Bluford Charter on health and safety grounds if they exist.
4 Bluford Status Update The CSO had previously raised concerns about facilities, staffing, and safety at Bluford: - Staffing - The School has brought over personnel from Daroff to serve grades K-8, anticipated SPED population, and increased student population. The School continues to fill remaining vacancies. - Educational Programming - The School has identified individuals to serve in critical roles serving students (Special Education teachers, climate staff, counselors, social services). - Facilities - Fire alarm system, building conditions. The School is addressing identified issues and continues to work to complete necessary repairs. - Operations - The CSO is meeting at least daily with the Schools’ leadership teams to obtain status updates and track progress towards the aforementioned operational concerns.
5 Student Enrollment Students enrolled at Bluford may remain enrolled there unless they choose to attend another school. Students enrolled at Daroff have the following options: - Enrollment at Bluford: Interested families/students may apply to Bluford by contacting the School directly and submitting an application. Bluford is to run a lottery, with admission preferences, for any available seats. - Enrollment at District School: The Office of Student Enrollment and Placement (OSEP) has been supporting families/students who wish to attend a district school by identify a district placement based on their specific needs. - Enrollment at Another Charter: The CSO has been in contact with neighboring charter schools to identify any available seats. Charter seats are very limited. If families are seeking a charter choice, they are provided with information about specific schools and Apply Philly Charter.
1 For Current Bluford Charter School and Daroff Charter School Students SDP Enrollment Support August 26, 2022
2 The School District of Philadelphia is inviting all families with students who are currently enrolled in Bluford Charter School and Daroff Charter School to consider enrolling in one of the many District schools that have seats available for the 2022-2023 school year. An Invitation to Bluford and Daroff Families
3 In Catchment Students For children living in the Bluford or Daroff catchment areas, the following District schools have available capacity. ● Barry, Commodore John ● Rhoads, James ● Cassidy, Lewis ● Hamilton, Andrew In addition, the following District schools (which may require transportation) have available capacity. ● Bryant, William Cullen ● McMichael, Morton ● Gompers, Samuel ● Middle Years Alternative School (MYA) ● Powel, Samuel
4 Out of Catchment Students For children living outside the Bluford or Daroff catchment areas, there will be a guaranteed place at the District neighborhood school serving the catchment area where they live. ● Find Your Neighborhood School: Visit https://webapps1.philasd.org/school_finder/.
5 Two Ways to Enroll Your Child Enroll in person at Haverford Library in West Philadelphia ● Location: 5543 Haverford Avenue (Use side entrance on 56th St.) ● Dates and Times: ○ Monday: 11am-7pm ○ Tuesday: 11am-7pm ○ Wednesday: 10am-6pm ○ Thursday: 10am-6pm ○ Friday: 10am-5pm ○ Saturday: 10am-5pm* ○ Sunday: 1pm-5pm* ● What to Bring: Please bring proof of your child’s age, your child’s immunization record, and two (2) proofs of address. More information on required documentation is at philasd.org/studentplacement/registration. (If your child has an IEP, please bring a copy of it as well.) *Special hours added for this weekend, 8/27 and 8/28
6 Two Ways to Enroll Your Child Enroll online from anywhere with internet access ● Visit philasd.org/studentplacement/registration. A parent stepper and video tutorials on how to complete online registration are available.
7 More Information To stay informed or find out more… ● Visit philasd.org/cso/bluford or philasd.org/cso/daroff. ● Contact Us - email your questions to ASK@philasd.org or call the School District’s Call Center at 215-400-4000, Monday - Friday, 8:30 a.m. – 4:30 p.m. THANK YOU!
Registered Speakers on General Topics - • Title: General Speakers List Board of Education Meeting Date: 8/26/2022 Office Originating Request: Board of Education ATTACHMENTS: Description Type General Speakers List Supporting Document
THE SCHOOL DISTRICT OF PHILADELPHIA BOARD OF EDUCATION ACTION MEETING SPEAKERS LIST AUGUST 26, 2022 Registered Speakers 1. Lisa Haver, Community Member Topic: Action Item 1, Universal Bluford Charter School and Universal Daroff Charter School – Approval of Release and Settlement Agreement 2. Lynda Rubin, Community Member Topic: Action Item 1, Universal Bluford Charter School and Universal Daroff Charter School – Approval of Release and Settlement Agreement 3. Robert Baughman, Parent Topic: Mask Policy 4. Dana Carter, Community Member Topic: Action Item 1, Universal Bluford Charter School and Universal Daroff Charter School – Approval of Release and Settlement Agreement 5. Diane Payne, Community Member Topic: Renaissance Schools Failure/Daroff and Bluford 6. Jameika Id-Deen, PCAC Member Topic: Action Item 1, Universal Bluford Charter School and Universal Daroff Charter School – Approval of Release and Settlement Agreement
Action Item - 1. Title: Universal Bluford Charter School and Universal Daroff Charter School – Approval of Release and Settlement Agreement - Updated 8.26.2022 Board of Education Meeting Date: 8/26/2022 Action under consideration Description: The Board of Education will consider a proposed Release and Settlement Agreement (“Agreement”) among The School District of Philadelphia (“School District”), acting through the Board of Education, and Universal Bluford Charter School (“Bluford”) and Universal Daroff Charter School (“Daroff”), acting through their Combined Board of Trustees (“Combined Board”). In 2010, the School Reform Commission (“SRC”) granted a charter to Bluford to operate the Guion S. Bluford Elementary School as a Renaissance charter school. The SRC renewed Bluford’s charter in 2016, for a five-year term ending on June 30, 2020. On April 30, 2020, the Board adopted an action item instituting nonrenewal proceedings against Bluford.
On April 22, 2021, after public hearings and receipt of public comment, the Board of Education nonrenewed Bluford’s Charter and directed Bluford to surrender and forfeit its Charter in accordance with language in its Charter. Bluford did not surrender or forfeit its Charter or close. On June 7, 2021, the School District filed a declaratory judgment action against Bluford in the Philadelphia Court of Common Pleas (“Common Pleas Litigation”), seeking enforcement of the surrender clause. The Common Pleas Litigation remains pending. Bluford also appealed the nonrenewal decision to the State Charter School Appeal Board (“CAB”), which quashed Bluford’s appeal without prejudice. In 2010, the SRC granted a charter to Daroff to operate the Samuel H. Daroff Elementary School as a Renaissance charter school. The SRC renewed Daroff’s charter in 2015, for a five-year term ending on June 30, 2020. On April 30, 2020, the Board adopted an action item instituting nonrenewal proceedings against Daroff.
On April 22, 2021, after public hearings and receipt of public comment, the Board of Education nonrenewed Daroff’s Charter. Daroff appealed the nonrenewal decision to CAB, which voted to deny Daroff’s appeal on July 12, 2022, but CAB has not yet issued a written order or decision reflecting its final decision on the appeal. Effective July 31, 2022, the management relationship between Universal Education Companies (“UEC”) and Universal Community Homes (“UCH”) and both Bluford and Daroff ended. UEC and UCH are no longer providing key services required to operate a charter school including staffing and building maintenance. Since then, representatives from the School District have been in communication with representatives from Bluford and Daroff to understand and evaluate the circumstances and assess the charter schools' ability to safely open and operate this school year. It is anticipated that the school year for students enrolled at Bluford and Daroff will be pushed back to
begin on September 6, 2022. On August 26, 2022, the Board of Education will be considering an action item to approve and authorize execution of the Agreement with Bluford and Daroff, which shall include, without limitation, the following terms: 1. Bluford may remain in operation during the 2022-2023 school year and provide an educational program and all required services to all enrolled students through June 30, 2023. Upon execution of the Agreement by all parties hereto, the School District, Bluford and their respective
counsel shall promptly take all necessary actions to discontinue the Common Pleas Litigation related to the surrender of Bluford’s Charter, with prejudice. 2. Daroff agrees to surrender and forfeit its Charter effective immediately, to close Daroff immediately, and to promptly dissolve Daroff thereafter. The licensing arrangement and understandings between the School District and Daroff for use of the Daroff School shall end upon the full execution of the Agreement, and the School District shall regain sole possession of the Daroff School. Daroff agrees to waive its rights to any further appeals or reconsideration to CAB, the Commonwealth Court, to any administrative agency or to any other court, or to the commencement of any legal actions related to nonrenewal, the immediate surrendering or forfeiting of the Charter, or the operation of Daroff. Daroff further agrees that it will not file an appeal to the Commonwealth Court from CAB’s decision, and further agrees that it will not seek
a stay from CAB or any other tribunal. 3. Bluford’s maximum authorized enrollment only for the 2022-2023 school year would be raised to the Bluford facility capacity limit, which will be determined by the School District by August 26, 2022, and is anticipated to be between 636 and 700 students. Daroff students will be given the opportunity to enroll at Bluford. If more Daroff students apply than there are spaces to accommodate them, then Bluford will hold a lottery. For the 2022-2023 school year only, Bluford is permitted to enroll 7th and 8th grade students from Daroff. 4. Bluford agrees to surrender and forfeit its Charter effective June 30, 2023, to close Bluford as of June 30, 2023, and to promptly dissolve Bluford thereafter. The licensing arrangement and understandings between the School District and Bluford for the Bluford School shall end on June 30, 2023, and the School District shall take back possession of the Bluford School on July 1, 2023.
5. The Board of Education reserves all rights to take immediate steps to revoke the Bluford Charter should circumstances exist that place the health or safety of students, staff or both at risk prior to June 30, 2023. Office Originating Request: Board of Education ATTACHMENTS: Description Type 8.26.22 - FINAL Supporting Document
Action Item No. 1 August 26, 2022 Re: Universal Bluford Charter School and Universal Daroff Charter School; Approval of Release and Settlement Agreement WHEREAS, pursuant to the Charter School Law (“CSL”), 24 P.S. § 17-1701-A et seq., the School Reform Commission (“SRC”) granted a charter in 2010 to Universal Daroff Charter School (“DAROFF”) to operate the Samuel H. Daroff Elementary School (“Daroff School”) as a Renaissance charter school for a five-year term commencing on July 1, 2010 and ending on June 30, 2015; and WHEREAS, the SRC renewed DAROFF’s charter in 2015, for a five-year term commencing on July 1, 2015 and ending on June 30, 2020; and WHEREAS, the Board of Education replaced the SRC and became its successor on July 1, 2018; and WHEREAS, on April 30, 2020, the Board of Education adopted Action Item No. 9, instituting nonrenewal proceedings against DAROFF; and WHEREAS, following the completion of the nonrenewal process outlined in 24 P.S. § 17-1729-
A(c), on April 22, 2021, the Board of Education adopted Action Item No. 31, which denied DAROFF’s renewal; and WHEREAS, DAROFF thereafter appealed the April 22, 2021 Action Item to the State Charter School Appeal Board (“CAB), which voted to deny DAROFF’s appeal on July 12, 2022 but has not yet issued a written order or decision reflecting its final decision on the appeal; and WHEREAS, effective July 31, 2022, the management relationship between DAROFF and Universal Education Companies, Inc. (“UEC”) and Universal Community Homes (“UCH”), two charter management organizations, ended, and UEC and UCH are no longer providing any staffing or other services to DAROFF; and WHEREAS, the school year for students enrolled at DAROFF is anticipated to be pushed back to begin on September 6, 2022; and WHEREAS, pursuant to the CSL, the SRC granted a charter in 2010 to Universal Bluford Charter School (“BLUFORD”) to operate the Guion S. Bluford Elementary School (“Bluford
School”) as a Renaissance charter school for a five-year term commencing on July 1, 2010 and ending on June 30, 2015; and WHEREAS, the SRC renewed BLUFORD’s charter in 2016, for a five-year term commencing on July 1, 2015 and ending on June 30, 2020; and
2 WHEREAS, on April 30, 2020, the Board of Education adopted Action Item No. 8, instituting nonrenewal proceedings against BLUFORD; and WHEREAS, following the completion of the nonrenewal process outlined in 24 P.S. § 17-1729- A(c), on April 22, 2021, the Board of Education adopted Action Item No. 30, which denied BLUFORD’s renewal and directed BLUFORD to surrender and forfeit its Charter in accordance with language in the Charter executed by the parties on May 19, 2016; and WHEREAS, BLUFORD did not surrender or forfeit its Charter or close following the adoption of Action Item No. 30; and WHEREAS, on June 7, 2021, the School District of Philadelphia (“SCHOOL DISTRICT”) filed a declaratory judgment action against BLUFORD in the Philadelphia Court of Common Pleas, Docket No. 210600163 (“Common Pleas Litigation”), seeking enforcement of the surrender clause in BLUFORD’s Charter, which remains pending; and WHEREAS, BLUFORD also appealed the April 22, 2021 Action Item to CAB, which quashed
BLUFORD’s appeal on December 6, 2021 without prejudice; and WHEREAS, effective July 31, 2022, the management relationship between BLUFORD and UEC and UCH ended, and UEC and UCH are no longer providing any staffing or other services to BLUFORD; and WHEREAS, the school year for students enrolled at BLUFORD is anticipated to be pushed back to begin on September 6, 2022; and WHEREAS, based upon site visits to the Daroff School building and the Bluford School building by the SCHOOL DISTRICT and information received from DAROFF and BLUFORD, various facilities and staffing issues have come to the attention of the SCHOOL DISTRICT and the Charter Schools Office (“CSO”) that could place the health and safety of BLUFORD’s and DAROFF’s pupils, staff or both at serious risk; WHEREAS, in order to avoid the time, expense and uncertainty of further litigation, DAROFF, BLUFORD and the SCHOOL DISTRICT desire to enter into an Agreement in order to provide a
full and final settlement and resolution of any and all issues, disputes, and differences among the parties related to the nonrenewal of DAROFF’s Charter and the nonrenewal and surrender of BLUFORD’s Charter and the circumstances that have arisen with respect to the opening of the schools for the 2022-2023 school year, without trial, hearing or adjudication of any issue of fact or law, and without admission with respect to any such issue, and to terminate and conclude the various legal proceedings related to the nonrenewal of DAROFF’s Charter and the nonrenewal and surrender of BLUFORD’s Charter; WHEREAS, the Combined Board of Trustees on behalf of DAROFF and BLUFORD has agreed to certain terms and conditions in connection with a full and final settlement and resolution of any and all issues, disputes, and differences with the SCHOOL DISTRICT related to the nonrenewal of DAROFF’s Charter and the nonrenewal and surrender of BLUFORD’s Charter
and the circumstances that have arisen with respect to the opening of the schools for the 2022-
3 2023 school year, and to terminate and conclude the various legal proceedings related to the nonrenewal of DAROFF’s Charter and the nonrenewal and surrender of BLUFORD’s Charter; WHEREAS, the Combined Board of Trustees has submitted to the SCHOOL DISTRICT a Release and Settlement Agreement (“Agreement”) signed by DAROFF and BLUFORD setting forth the agreed terms and conditions; now be it RESOLVED, that the Board of Education authorizes the President of the Board of Education to execute, perform and deliver the Agreement with DAROFF and BLUFORD, through their Combined Board of Trustees (“Combined Board”), which shall incorporate the following terms and conditions: 1. The Combined Board must provide the District on or before August 29, 2022 with a plan satisfactory to the District for operating BLUFORD in the manner described below. Such plan shall include a full staffing list for all staff at BLUFORD who will be
employed and have all the required background checks and clearances as of September 1, 2022; confirmation of adequate liability and other insurance coverage in effect for BLUFORD; and a facilities report for the Bluford School identifying the repair status as of August 29, 2022 of all issues identified by the SCHOOL DISTRICT on August 15, 2022. 2. DAROFF Operations. DAROFF agrees to surrender and forfeit its Charter effective immediately upon full execution of the Agreement, to close DAROFF effective immediately upon full execution of the Agreement, and to promptly dissolve DAROFF thereafter, pursuant to the CSL and the Pennsylvania Nonprofit Corporation Law. DAROFF will maintain adequate insurance coverages during the dissolution process. DAROFF and the SCHOOL DISTRICT acknowledge and agree that final dissolution of DAROFF will be dependent upon final reconciliation of payments and charges. DAROFF agrees to waive its rights to any further appeals or reconsideration to CAB, the
Commonwealth Court, to any administrative agency or to any other court, or to the commencement of any legal actions related to nonrenewal, the immediate surrendering or forfeiting of the Charter, or the operation of DAROFF. DAROFF further agrees that it will not file an appeal to the Commonwealth Court from CAB’s decision, and further agrees that it will not seek a stay from CAB or any other tribunal. 2.1 If DAROFF fails to surrender and forfeit its Charter effective immediately upon full execution of the Agreement, fails to close DAROFF effective immediately upon full execution of the Agreement, or fails to promptly dissolve DAROFF thereafter, DAROFF shall be in breach of the Agreement and shall be responsible for the SCHOOL DISTRICT’s attorneys’ fees, expenses and costs in pursuing litigation to enforce the Agreement or for pursuing other remedies in connection with DAROFF’S actions. DAROFF further agrees that if it fails to
surrender and forfeit its Charter effective immediately upon full execution of the Agreement, fails to close DAROFF effective immediately upon full execution of the Agreement, or fails to promptly dissolve DAROFF thereafter, such a failure constitutes irreparable injury to the SCHOOL DISTRICT that cannot be adequately compensated by monetary damages, and the SCHOOL DISTRICT
4 will be entitled to equitable relief to enjoin DAROFF’S failure to perform its duties under the Agreement and to enjoin DAROFF from opening for the 2022- 2023 school year. 2.2 The licensing arrangement and understandings between the SCHOOL DISTRICT and DAROFF for use of the Daroff School shall end upon the full execution of the Agreement, and the SCHOOL DISTRICT shall regain sole possession of the Daroff School upon full execution of the Agreement without waiving any rights or claims. DAROFF shall ensure that the fire alarm system in the Daroff School is fully operational and certified to the SCHOOL DISTRICT’S satisfaction no later than September 2, 2022. If required, DAROFF or its designated contractors shall be given access to the Daroff School to ensure that the fire alarm system is repaired and certified by September 2, 2022. DAROFF agrees that it shall have no further rights or claims under the licensing
arrangement after the Agreement is executed, except as otherwise agreed to by the SCHOOL DISTRICT. The parties shall make arrangements at mutually convenient times for the removal of DAROFF’S personal property or the personal property of DAROFF staff from the Daroff School premises. 2.3 DAROFF agrees to proceed with an orderly winding up and dissolution of DAROFF, to provide the SCHOOL DISTRICT with a written plan for winding up the operations of DAROFF, and to identify a person responsible for the winding up and the maintenance of required records by September 30, 2022. 2.4 DAROFF agrees to provide to the SCHOOL DISTRICT by September 30, 2022 complete copies of all student records, including copies of all available transcripts, grades, Individualized Education Programs (IEPs), disciplinary records, and health records ("Student Records") for all former students and current students who are not enrolled in BLUFORD for the 2022-2023 school year.
2.5 DAROFF acknowledges and agrees that for the July 2022 and the August 2022 per-pupil charter payments by the SCHOOL DISTRICT, DAROFF was paid for 492 regular education students and 140 special education students. DAROFF agrees that upon execution of the Agreement, DAROFF will not receive any per- pupil charter payments from the SCHOOL DISTRICT for September 2022 or any month thereafter. DAROFF agrees to work with the SCHOOL DISTRICT’s Child Accounting Office and Finance Department to reconcile per-pupil payments and to address any charges due and owing to the SCHOOL DISTRICT by DAROFF, including, licensing fees for the Daroff School; any remaining charges from the 2021-2022 or for the 2022-2023 school years attributable to DAROFF; any Public School Employees’ Retirement System (“PSERS”) charges; or other costs or charges related to DAROFF. The SCHOOL DISTRICT further agrees that any deductions from funding will be communicated to DAROFF in advance.
3. BLUFORD Operations. As set forth in more detail below, BLUFORD may
5 remain in operation during the 2022-2023 school year and provide an educational program and all required services to all enrolled students through June 30, 2023, in compliance with all applicable federal, state and local laws, including the provision of all services to English Learners and all required special education programs including Extended School Year (“ESY”) services during the summer of 2023. 3.1 The SCHOOL DISTRICT shall provide per-pupil funding to BLUFORD through June 30, 2023, for those students enrolled in BLUFORD in accordance with its Charter and as may be modified through the Agreement. The SCHOOL DISTRICT further agrees that any deductions from funding will be communicated to BLUFORD in advance of the deduction and will be fully reconciled along with any final charter payments reconciliation for BLUFORD. BLUFORD shall input, update and maintain accurate student enrollment, residency and family contact
information in the SCHOOL DISTRICT’S student information system, Infinite Campus, during the 2022-2023 school year, and shall ensure that BLUFORD staff or contractors are trained to do so. 3.2 BLUFORD agrees to surrender and forfeit its Charter effective June 30, 2023, to close BLUFORD as of June 30, 2023, and to promptly dissolve BLUFORD thereafter, pursuant to the CSL and the Pennsylvania Nonprofit Corporation Law. BLUFORD agrees to waive its rights to any further appeals to CAB, the Commonwealth Court, to any administrative agency or to any other court, or to the commencement or appeal of any legal actions related to nonrenewal, the surrender or forfeiture of the Charter, or the operation of BLUFORD. 3.3 The licensing arrangement and understandings between the SCHOOL DISTRICT and BLUFORD for the Bluford School shall end on June 30, 2023, and the SCHOOL DISTRICT shall take back possession of the Bluford School on
July 1, 2023 without waiving any rights or claims. BLUFORD shall provide building engineering services, cleaning, maintenance and repairs during the 2022- 2023 school year for the Bluford School at BLUFORD’S sole cost and expense. In order for BLUFORD to provide ESY services in July 2023, BLUFORD will enter into a use of facilities agreement with the SCHOOL DISTRICT through the Facilitron system, including all standard indemnification and insurance provisions and facilities charges. 3.4 If BLUFORD fails to surrender and forfeit its Charter effective June 30, 2023, fails to close BLUFORD effective June 30, 2023, or fails to promptly dissolve BLUFORD after June 30, 2023, BLUFORD shall be in breach of the Agreement and shall be responsible for the SCHOOL DISTRICT’S attorneys’ fees, expenses and costs in pursuing litigation to enforce the Agreement or for pursuing other remedies in connection with BLUFORD’S actions. BLUFORD
further agrees that if it fails to surrender and forfeit its Charter effective June 30, 2023, fails to close BLUFORD effective June 30, 2023, or fails to promptly dissolve BLUFORD after June 30, 2023, such a failure constitutes irreparable
6 injury to the SCHOOL DISTRICT that cannot be adequately compensated by monetary damages, and the SCHOOL DISTRICT will be entitled to equitable relief to enjoin BLUFORD’S failure to perform its duties under the Agreement and to enjoin BLUFORD from opening for the 2023-2024 school year. 3.5 If circumstances should arise that would require BLUFORD to close prior to June 30, 2023, BLUFORD agrees to give the SCHOOL DISTRICT at least sixty (60) calendar days’ notice of an impending mid-year closure so that the SCHOOL DISTRICT can accelerate transition plans and staff, students and families can be notified. In the instance of a mid-year closure during the 2022- 2023 school year, BLUFORD shall provide the SCHOOL DISTRICT with access to all Student Records upon notice of the impending closure so that appropriate programming decisions can be made. Payments owed to BLUFORD shall be pro- rated to the last day of school. 3.6 Upon BLUFORD’s closure at the end of the 2022-2023 school year or
earlier, BLUFORD agrees to work with the SCHOOL DISTRICT’s Child Accounting Office and Finance Department to reconcile per-pupil payments and to address any charges due and owing to the SCHOOL DISTRICT by BLUFORD, including licensing fees for the Bluford School; any remaining charges from the 2022-2023 school year attributable to BLUFORD; any PSERS charges; or other costs or charges related to BLUFORD. The SCHOOL DISTRICT further agrees that any deductions from funding will be communicated to BLUFORD in advance. 4. Conditions for BLUFORD’S 2022-2023 Operations. BLUFORD shall operate in accordance with the following terms and conditions for the 2022-2023 school year: 4.1 Through September 15, 2022, BLUFORD shall provide updated facilities, enrollment, and staffing information to the CSO every Monday, Wednesday, and Friday with the exception of holidays by 5:00 p.m. to ensure that the facilities issues and the staffing vacancies are being adequately addressed. After
September 15, 2022, BLUFORD shall provide updated facilities and staffing information to the CSO weekly, no later than every Friday at 5:00 p.m. with the exception of holidays and school closings, in which case the update shall be provided on the next business day. 4.2 Students enrolled in DAROFF in Infinite Campus as of August 22, 2022 at 5:00 p.m. may attend BLUFORD, notwithstanding BLUFORD’S assigned catchment area, if there is space available at BLUFORD based on facility capacity. Any enrollment of DAROFF students at BLUFORD must be with written parental consent. 4.3 BLUFORD’S maximum authorized enrollment only for the 2022-2023 school year would be raised to the BLUFORD facility capacity limit, which is a
7 number to be determined by the SCHOOL DISTRICT by August 26, 2022 and is anticipated to be between 636 and 700 students. The maximum authorized enrollment shall be comprised of only BLUFORD students enrolled at BLUFORD by August 22, 2022 (no more than 571 students) with the remaining students being students previously enrolled at DAROFF as of August 22, 2022. 4.4 For the 2022-2023 school year only, BLUFORD is permitted to enroll 7th and 8th grade students from DAROFF as long such students were enrolled in DAROFF as of August 22, 2022 at 5:00 p.m. and space is available at BLUFORD. 4.5 If there is not sufficient space available at BLUFORD to accommodate all DAROFF students and BLUFORD students, DAROFF students will be enrolled in BLUFORD through a lottery system agreed upon by the parties, with priority/preference in enrollment for DAROFF students with IEPs, siblings, homeless students, and students in the Department of Human Services (“DHS”) system.
4.6 The SCHOOL DISTRICT will assist DAROFF and BLUFORD families who are interested in finding alternative school options and DAROFF families whose children were not offered a placement at BLUFORD through the lottery process. This may include school options in SCHOOL DISTRICT schools or in other Philadelphia charter schools that have space available. 4.7 BLUFORD shall immediately provide to the SCHOOL DISTRICT Student Records for all students enrolled at BLUFORD during the 2021-2022 school year who will not be remaining at BLUFORD and shall provide by September 30, 2022 Student Records for all former students. 4.8 BLUFORD and DAROFF shall cease enrolling new students and accepting applications through Apply Philly Charter or by any other means as of August 19, 2022. 4.9 BLUFORD may seek to solicit DAROFF staff to change employment to BLUFORD, and the Combined Boards shall take appropriate board action in public to confirm such employment changes. The SCHOOL DISTRICT will
provide assistance to any DAROFF staff not hired by BLUFORD to apply for employment opportunities with the SCHOOL DISTRICT. 4.10 In consultation with the SCHOOL DISTRICT, BLUFORD shall delay the start of the 2022-2023 school year to at least September 6, 2022. BLUFORD must adjust its 2022-2023 school calendar to meet the 180-days or 990 hours requirement. BLUFORD shall communicate all changes to the opening date to families of enrolled students by electronic, telephone and U.S. mail means and shall provide them with resources to address the change. In conjunction with the
8 SCHOOL DISTRICT, BLUFORD shall notify DHS at the City of Philadelphia of the delay in the opening date of BLUFORD. 4.11 BLUFORD may change its name to “Bluford Charter School” and must take steps to legally change its name with the Pennsylvania Corporations Bureau, IRS and Pennsylvania Department of Education. 4.12 BLUFORD shall pay all employees for all income earned through June 30, 2023. BLUFORD shall keep current on both the employee and employer contributions to PSERS, and Section 403(b) deferred compensation retirement plan, and any other retirement program, and shall pay all bills and obligations in a timely fashion as such bills and obligations come due. The SCHOOL DISTRICT will withhold and segregate in a separate account $25,000 from BLUFORD’S June 5, 2023 payment to cover any final PSERS member and/or employer contributions due to PSERS by BLUFORD. Such funds will be paid over to BLUFORD once the SCHOOL DISTRICT and BLUFORD receive confirmation
from PSERS that no amounts are due and owing. 5. Transition. As of July 1, 2023, the parties agree that BLUFORD will be closed and the SCHOOL DISTRICT will manage and control a School District school at the Bluford School. During the 2022-2023 school year, BLUFORD agrees to cooperate with the CSO and the SCHOOL DISTRICT to transition the students and operations of BLUFORD to a School District school operating for the 2023-2024 school year. Such cooperation shall include the following: 5.1 BLUFORD shall provide SCHOOL DISTRICT employees and representatives regular access to the Bluford School, upon request and reasonable notice to BLUFORD. Reasonable notice is defined as 48-hour notice, unless otherwise agreed to by the parties or unless there is an emergency situation or potential health or safety issue. 5.2 BLUFORD agrees to provide to the SCHOOL DISTRICT a de-identified list of all students enrolled in BLUFORD who are attending out-of-Charter
School programs, such as approved private schools, including the names and types of programs, the grade levels of such students, and the costs of such placements, by October 1, 2022 and on a monthly basis on the 1st of the month until June 1, 2023. BLUFORD further agrees that if a student is in 8th grade, and BLUFORD is recommending a more restrictive environment for the student, BLUFORD shall notify the SCHOOL DISTRICT of the recommendation and shall meet with the SCHOOL DISTRICT before any change in placement for the student is agreed to by BLUFORD. 5.3 The parties shall consult with each other about the status of equipment, technology, and property at the Bluford School, and any terms and conditions under which any non-fixtures will be transferred to the SCHOOL DISTRICT.
9 5.4 The CSO shall monitor BLUFORD’S operations during the 2022-2023 school year. To assist in such monitoring, BLUFORD shall provide the CSO with its monthly financial reports prepared by its business contractor(s); notice of the date, time, location, agenda and zoom link for all Combined Board meetings; copies of all minutes from Combined Board meetings, and copies of all contracts entered into with vendors, contractors or service providers. BLUFORD agrees that the CSO may perform site visits and inspections of the Bluford School and BLUFORD’s operations during the 2022-2023 school year upon 48-hour notice, unless otherwise agreed to by the parties or unless there is an emergency situation or potential health or safety issue. 5.5 BLUFORD shall cooperate with the SCHOOL DISTRICT to provide information to BLUFORD employees about SCHOOL DISTRICT employment opportunities for the 2023-2024 school year. 5.6 On or about September 10, 2022, BLUFORD shall notify BLUFORD
staff, students, and parents/guardians/caregivers and former DAROFF students enrolled at BLUFORD for the 2022-2023 school year and their parents/guardians/caregivers that BLUFORD will be closing at the end of the 2022-2023 school year and about the transition of the Bluford School to SCHOOL DISTRICT operation for the 2023-2024 school year, in a form acceptable to the CSO. BLUFORD shall provide electronic copies of these communications to the CSO within three (3) business days after their dissemination. The SCHOOL DISTRICT will provide BLUFORD information about the transition by September 6, 2022 for inclusion in the notification required in the first sentence. Additionally, the SCHOOL DISTRICT will post the same information on its website. BLUFORD will allow the SCHOOL DISTRICT to hold information sessions for BLUFORD students, families and/or staff at the Bluford School on mutually convenient dates and times. 5.7 BLUFORD agrees to provide to the SCHOOL DISTRICT complete
copies of all Student Records for all students including former DAROFF students enrolled in BLUFORD during the 2022-2023 school year. BLUFORD shall provide copies of Student Records for all current students by April 1, 2023, and shall update such records for current students by June 30, 2023. 5.8 BLUFORD agrees to proceed with an orderly winding up and dissolution of BLUFORD, to provide the SCHOOL DISTRICT with a written plan for winding up the operations of BLUFORD, and to identify a person responsible for the winding up and the maintenance of required records by June 1, 2023. 6. Reservation of Rights. Notwithstanding any provision herein, should circumstances exist that place the health or safety of the Charter School’s pupils, staff or both at serious risk, the SCHOOL DISTRICT reserves all rights to take immediate steps
10 to revoke the BLUFORD Charter and order the closure of BLUFORD prior to June 30, 2023. 7. Indemnification. Pursuant to the CSL, the SCHOOL DISTRICT shall not be held liable for or in connection with any activity or operation related to the program of BLUFORD or DAROFF. The indemnity, defense and hold harmless language in the respective “Article XVI. Indemnification” sections of the BLUFORD Charter and the DAROFF Charter and the release and indemnity provisions found in Paragraphs 10.3, 10.4, 11, and 11.1-11.5, 11.5.1-11.5.4, and 11.6 of the respective Licensing Agreements between the SCHOOL DISTRICT and DAROFF and between the SCHOOL DISTRICT and BLUFORD (collectively referred to as the “Indemnity Provisions”) are incorporated herein by reference and are attached hereto as Exhibit “A”. The parties agree that the Indemnity Provisions shall survive any termination or expiration of the Agreement, termination or expiration of the respective Licensing Agreement and/or licensing
arrangements, or the termination, expiration or revocation of the Charters issued to BLUFORD or DAROFF. . 8. Unconditional and Irrevocable Releases. In exchange for the consideration, covenants and conditions contained herein, the receipt and sufficiency of which is acknowledged, DAROFF and BLUFORD unconditionally and irrevocably remise, release and forever discharge the SCHOOL DISTRICT, the Board of Education and their past, current and future employees, officers, directors, commissioners, agents, assigns, representatives, attorneys, affiliates and successors, from any and all claims, withholding requests, demands, damages, actions, causes of actions, suits at law or in equity, disputes, administrative complaints, investigations, charges, debts, dues, costs, sums of money, attorneys’ fees, accounts, bills, judgments, rights, demands, or otherwise, of whatever kind or nature, known or unknown, accrued or unaccrued, contingent or non-contingent,
whether or not capable of proof, whether common law or statutory, whether sounding in tort or contract, whether arising under any state or federal constitutional or statutory right, substantive or procedural, whether or not now recognized, that DAROFF or BLUFORD, or anyone claiming by, through or under DAROFF or BLUFORD, in any way might have, or could have, regarding the proceedings related to the nonrenewal of DAROFF’S Charter or BLUFORD’S Charter, the operation of BLUFORD or DAROFF, the charters issued to BLUFORD or DAROFF, the CSO’s and Board of Education’s evaluation or oversight of the performance and operations of BLUFORD or DAROFF including claims of discrimination, the surrender or forfeiture of either of their Charters or proceedings related to same, or the Agreement. BLUFORD and DAROFF expressly acknowledge the broad scope of this Release. 9. Termination of Common Pleas Litigation. Upon execution of the Agreement by
all parties hereto, the SCHOOL DISTRICT, BLUFORD and their respective counsel shall promptly take all necessary actions to discontinue the Common Pleas Litigation , with prejudice. Nothing herein shall preclude the SCHOOL DISTRICT from taking any
11 action to enforce the Agreement should BLUFORD violate the Agreement or fail to surrender its Charter or close as of June 30, 2023; and be it FURTHER RESOLVED, that the Agreement shall not take effect unless and until such Agreement has been signed by the President of the Board of Education and by the President or Chair of the Combined Board of Trustees of BLUFORD and DAROFF on behalf of both entities.