| Special Meeting/Workshop - No Division Assigned |
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Title: Recommendation: I recommend that the School Board immediately terminate the Agreement with CEP and take control of and/or close Oak Grove Academy (“school”), which is managed and operated by CEP. The emergency basis for this immediate termination is due to serious and prevalent safety issues that have been reported to the School District since the beginning of this year. I further recommend that the School Board shall give authority to the Superintendent and the Chief Counsel to take any and all necessary actions in order for the District to take control of and/or close the CEP program at Oak Grove Academy. Description: The School Board approved a five (5) year contract with CEP on June 29, 2005. Section 11.3 of the Agreement, “Takeover for Health, Safety or Welfare” states that “if the School District reasonably believes that the health, safety or welfare of its students is materially threatened because of the actions or omissions of CEP, the School District may immediately take control of and operate the facility with its own forces, utilize the service of such of the CEP employees that it chooses or close the facility.” Since the beginning of this school year, serious incidents impacting students’ health, safety and welfare have been reported to the District from School Police, through parental and student complaints and other sources. Such incidents include multiple serious verbal and physical fights between students; assaults by students on staff; contraband being discovered on students after they have passed through security, which include metal detectors; drug use by students and serious and constant turnover of staff. Therefore, unmanaged student behavior and lack of control over students is seriously threatening the health, safety and welfare of students and staff. Unfortunately, these serious incidents have been occurring more frequently and escalating in severity since the beginning of this school year. This situation is causing an immediate material threat to the students and staff’s safety at Oak Grove Academy which constitutes an emergency basis for an immediate takeover/termination of the CEP Agreement and Program. Furthermore, the Chief Counsel or his designee shall have the authority to institute any necessary litigation in order to assume and continue the operation of the school and the Superintendent or his designee shall have authority to execute any and all documentation related to any litigation in this matter. The Chief Counsel or his designee shall have full authority to secure any property of the District. According to Section 11.6 of the Agreement, Protest of Termination or Takeover, “Should CEP determine that it wishes to protest the termination or takeover, prior to commencing any lawsuit or other legal action, CEP agrees that, as a condition precedent to bringing any such lawsuit or other legal action, it must first exhaust the Alternative Dispute Resolution (ADR) procedures established in this Agreement. The termination or takeover shall remain in effect during the pendency of the ADR proceeding or any subsequent litigation . . . . . . . CEP’s failure to exhaust or failure to fully comply with the terms and requirements of the ADR procedures, shall result in the School District’s action being final and binding on the parties.” Financial Impact: The financial impact to the District's FY2007 budget is $4.2 million. Of this amount, approximately $700,000 was to be been funded through the Special Revenue Private/Public Alternative Education Partnership grant. The remaining cost of the contract impacts the General Fund Operating Budget. For Additional Information, contact: Attachments (list):
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