Sec. 2.5. If a proposed charter school intends to contract with an education service provider for substantial educational services, management services, or both educational services and management services, the request for proposals shall require the applicants to provide the following:
(1) Evidence of the education service provider's success in serving student populations similar to the targeted populations, including demonstrated academic achievement as well as successful management of nonacademic school functions, if applicable.
(2) A term sheet setting forth:
(A) the proposed duration of the service contract;
(B) the roles and responsibilities of the organizer, the school staff, and the education service provider;
(C) the performance evaluation measures and timelines;
(D) the compensation structure, including clear identification of all fees to be paid to the education service provider;
(E) the methods of contract oversight and enforcement;
(F) the investment disclosure;
(G) that the school and the authorizer are entitled to any data directly related to the operation or management of the school, such as financial data, enrollment data, demographic data, performance data, and student data, in the possession of the education service provider, but may not include any proprietary, intellectual property, or similarly protected data of the education service provider; and
(H) the conditions for renewal and termination of the contract.
(3) A disclosure statement to explain any existing or potential conflicts of interest between the organizer and the proposed education service provider or any affiliated business entities.
(4) Assurance that the organizer will be structurally independent of the education service provider and shall set and approve school policies. The assurance must also provide that the terms of the service contract must be reached by the organizer and the education service provider through arms length negotiations in which the organizer must be represented by legal counsel. The legal counsel may not also represent the education service provider.
As added by P.L.280-2013, SEC.22. Amended by P.L.250-2017, SEC.10.
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