Title: Consider termination of the Survivors Charter School, Inc. d/b/a /Survivors Charter School of West P

Recommendation:
Due to the severity of the Audit Findings, I recommend immediate termination for "good cause" by the School Board of the charter for Survivors of West Palm Beach Charter School effective upon twenty-four hours (24) notice to the school and that the School Board give authority to the Superintendent and the Chief Counsel to take any and all necessary actions in order for the Disttrict to assume the operation of the School and to protect all public funds upon the effective date.

Description:

The School Board approved a ten (10) year charter of Survivors Charter School of West Palm Beach
on June 21, 2001 and the term is from July 1, 2001 to June 30, 2011.

Section 1002.33 (8)(d) F.S., states that a charter may be terminated immediately if the sponsor determines that "good cause" has been shown or if the health, safety, or welfare of the students is threatened.  The School District in which the charter school is located shall assume operation of the school under these circumstances.

However, the Charter Agreement states - "This Charter may be terminated immediately upon twenty-four (24) hours notice if the Sponsor determines that good cause has been shown or the health, safety, or welfare of the students is threatened.  The Sponsor may assume the operation of the school under these circumstances for a period of time as determined solely and exclusively by the Sponsor."

The Audit Committee met on January 13, 2006, and accepted the Audit Findings stated in the Audit Report of the District's Audit Department.  The Committee recommended that the Findings be submitted to the Internal Revenue Service, the State Attorney's Office and deferred to staff for further recommendations.

In addition to the recommendations of the Audit Committee, the Chair, the Superintendent or his designee shall have the authority to execute and file any and all documentation necessary to incorporate a public not-for-profit corporation titled "Assumption of Operation of Charter School of Palm Beach County, Inc."

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 including property purchased with public funds as well as public funds allocated to the school.

The Charter School's Governing Board may, within fourteen (14) days after receiving the sponsor's decision to terminate the charter, appeal the decision to the State of Education, pursuant to Section 1002.33(6), F.S.

Financial Impact:
There is no financial impact to the District.

For Additional Information, contact:
Ann Killets/(akillets@palmbeach.k12.fl.us)
Janice S. Cover
Juanita W. Edwards