FINAL Horizons Renewal Contract 2026.pdf (178 KB)

CHARTER SCHOOL CONTRACT THIS CHARTER SCHOOL CONTRACT, dated this ____day of_______, is made and entered by and between the BOULDER VALLEY SCHOOL DISTRICT RE-2 (“School District”) and Horizons K-8 School, a charter school (“Horizons” or “Charter School”). RECITALS WHEREAS, the Colorado General Assembly has enacted the Charter Schools Act (“Act”), C.R.S. §§ 22-30.5-101, for certain purposes as enumerated in § 22-30.5-102(2) and (3); and WHEREAS, on May 6, 1996, an application was received from the Horizons Council for the transformation of Horizons from a focus school to a charter school within the School District; WHEREAS, the School District’s Board of Education (“Board”) determined that the Application submitted to the School District for the formation of Horizons as a charter school complied with the purposes and requirements of the Charter School Act; WHEREAS, on September 26, 1996, the School District conditionally granted the Application and on May 8, 1997, approved a Charter School Contract for a three-year term; WHEREAS, Horizons has timely filed applications for renewal in 2000, 2005, 2010, 2020, and 2022; WHEREAS, pursuant to the Charter Schools Act, C.R.S. §§ 22-30.5-101 to 120 (the “Act”), the Board received a Renewal Application ("Renewal Application") (attached as Exhibit A) from Horizons Charter School for a renewal to commence as of July 1, 2026 in accordance with the School District’s Board Policy LBD; WHEREAS, the Board has thoroughly considered the Renewal Application, the relevant law, Board Policy, the Site Visit Summary, and the Summative Renewal Report; and, WHEREAS, Horizons has achieved pupil performance standards, responsibly managed its funds, and met applicable federal and state law requirements, and other terms of the Charter School Contract. NOW THEREFORE, BE IT RESOLVED the Board finds it in the best interests of the students, School District, and community pursuant to Colorado law to approve the Renewal Application (see also Board Resolution attached as Exhibit B) . NOW, THEREFORE, in consideration of the foregoing Recitals and their mutual covenants, the parties agree as follows:

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AGREEMENT 1. Mission Statement. The statement contained in the Charter School’s Application, and carried through subsequent annual reports is accepted by the School District. 2. Nonprofit Corporation. The Charter School and the School District recognize and acknowledge that the Charter School is a Nonprofit Corporation, with rights and authority to enter into contracts and to acquire rights in real property on its own behalf, pursuant to § 7-121-101, et seq., C.R.S., subject to the provisions of the Act, other applicable laws, and this Charter School Contract. Educational Programming 3. Goals, Objectives, and Pupil Performance Standards. The goals and objectives set forth in the Goals and Objectives Section of the Renewal Application and the pupil performance standards set forth in the Educational Program and Standards Section of the Renewal Application are accepted by the School District, as amended by this Contract, and subject to the conditions set forth below. 4. Student Attendance, Conduct, and Discipline. Unless Charter School adopts its own set of written policies that are approved by the School District, Charter School shall comply with and enforce all Board-approved policies and regulations concerning student attendance, student conduct, and discipline. Such policies and regulations will be administered and executed by Charter School’s administration. Charter School may adopt its own set of written policies concerning student conduct and student discipline and shall be granted a waiver from corresponding School District policies as long as the developed policies are in compliance with applicable federal and state laws, including, without limitation, the grounds and procedures established by state statute for suspending, expelling, or denying admission to a student. Unless services are purchased from the School District, any general education services required by law to be provided to suspended or expelled students shall be the sole responsibility of Charter School. Any special education and related services required by law to be provided to suspended or expelled students shall be the responsibility of the School District as Charter School will purchase such services from the School District as part of the Purchased Services set forth in this Contract and Exhibit D. 5. Student Welfare and Safety. Charter School shall comply with all Board-approved policies and regulations, and applicable federal and state laws, concerning student welfare, safety, and health, including, without limitation, Board policies and laws addressing the reporting of child abuse, accident prevention and disaster response, crisis management plans, implementation of a Safe School Plan as required by C.R.S. § 22-32-109.1(2), laws governing incidents of school violence under C.R.S. § 24-10-106.3 and any state regulations governing the operation of school facilities. Charter School shall work with the School District’s Safety and Security team and follow such health and safety directives as may be required. Administration and execution of such policies and laws will be accomplished by Charter School’ administration. 2

6. Accountability and Accreditation. Charter School shall operate under the auspices of, and be accountable to, the School District and the Board, and shall be subject to all Boardapproved policies and regulations (“Board Policy(ies)” or “School District Policy(ies)”), unless specifically waived. Administration and execution of such policies and regulations will be accomplished by Charter School’s administration. Charter School shall comply with the educational accountability provisions of Colorado and federal law, and the terms of any Accreditation Contract between the School District and the State Board. Charter School shall participate, including providing information, in the School District’s Annual Performance Review (APR) for School District charter schools as set forth in Board Policy LBD and LBD-R. Charter School shall maintain a rating of improvement or above, (or the equivalent, if the law is amended), as demonstrated on any school accountability report issued by the state or as measured by School District assessments. If Charter School receives a rating below these expectations on any school accountability report issued by the state for two consecutive years, the Board may deem that such ratings constitute a material breach of this Contract, grounds for termination of the Contract, and/or grounds for denying a renewal application. Alternatively, in lieu of termination, the Board may permit Charter School to continue with additional support and intervention by the School District. 7. Community Support. The Board finds that sufficient support exists for the continuation of Charter School as a charter school. 8. Statement of Need. The Board has determined that the Statement of Need Section of the original Application and ongoing enrollment sufficiently establishes a continuing need for educational choice within the School District and that Charter School's program meets that need in a manner that promotes the best interests of the Charter School’s school community. 9. Educational Program and Pupil Performance Standards. The educational program and pupil performance standards set forth in the Educational Program and Standards Section of the Renewal Application are accepted, as amended, and subject to the conditions set forth below. Charter School's educational program does not include an online program, pursuant to C.R.S. § 22-30.7-101 and other Colorado law, and such a program will not be implemented by Charter School without additional advance Board approval. This language does not limit Charter School’s ability to serve students remotely when required by health and safety protocols. Charter School agrees to coordinate with the School District’s leadership as part of annual planning before the school year begins to assure that the school calendar and instructional time satisfy state and federal requirements. 10. Curriculum. The Charter School’s curriculum and instructional programs, as reviewed by the Board and contained within its Renewal Application, are confirmed and approved, subject to amendment from time to time by Charter School, with Board approval for any significant and material changes, and as may be required by applicable Board policies. 3

Charter School shall have the authority and responsibility for refining the design and implementation of its educational program, subject to the conditions of this Contract, in a manner that is consistent with state law, including, without limitation, requirements regarding content standards. By August 1 of each year, Charter School will have available and provide to the School District upon request a summary of its yearly curriculum plan for the ensuing school year in order to determine that the plan is consistent with the Charter School’s Charter Contract. Prior to commencement of instructional programs in Charter School based on a materially modified curriculum or program delivery system, Charter School shall provide evidence reasonably acceptable to the School District of the complete scope and sequence of such program of instruction. The intent of this requirement is to ensure that students of Charter School continue to have sound educational foundations that meet or exceed state-approved content standards for applicable courses. Charter School’s courses shall also meet or exceed the content standards of the School District, as approved from time to time by the Board of Education. Horizons commits to align with the School District’s achievement data collection, including disaggregation across student groups, and strategic plans to increase academic growth with annual updates as part of the Charter School Performance Review process. Charter School agrees to use the School District’s communication materials to encourage testing participation Charter School agrees to comply with all federal and state statutory requirements concerning subjects of instruction, unless specifically waived by the State Board of Education, including, without limitation, instruction in the areas of state and federal history and civil government, C.R.S. § 22-1-104; honor and use of the United States Flag, C.R.S. § 22-1-106; the federal Constitution, C.R.S. § 22-1-108; and the effect of use of alcohol and controlled substances, C.R.S. § 22-1-110. 11. Nonreligious, Nonsectarian Status. The educational program of Charter School shall be nonreligious, nonsectarian, and consistent with applicable law and School District policy. 12. Enrollment. Enrollment shall be open to any child who resides within the School District and to any child who resides outside the School District subject to compliance with Colorado open enrollment statutes and other applicable federal and state law, Board policy, and this Contract. Charter School may modify its enrollment policy to the extent necessary to comply with the federal requirements for receiving certain federal grants, including without limitation the Charter School Facility Assistance Program, with the Board's approval. If any modifications to the enrollment policy result in a conflict with BVSD Board Policy on open enrollment, then Charter School’s proposed Policy shall be considered by the BVSD Board through the Board's waiver process. Denial of admission shall be handled consistent with state law, this Contract, and School District Policy. The School District and Charter School agree that, for the term of this Contract, Charter 4

School’s total funded enrollment shall be established on an annual basis consistent with Colorado law. Prior to May 1 of each year, Charter School shall determine the desired number of students (“Student Target”) to be enrolled at Charter School for the following school year. The Student Target for any year may not exceed the capacity of the School’s facility and site. At this time, Charter School’s total funded enrollment shall be no greater than 375 full-time equivalent students ("Student FTEs"). This limitation on the number of enrolled and funded students is based on the current capacity of Charter School's facilities and site. 13. Enrollment Window. Charter School may enroll students up to the opening date of the enrollment count “window,” as designated by the Colorado Department of Education and consistent with the provisions of the Colorado Public School Finance Act or successor act (“Finance Act”), for purposes of determining eligibility for funding and may enroll students who will not be eligible for funding at any time thereafter up to the applicable enrollment capacities. Should Charter School’s enrollment drop below its Student Target during any school year, Charter School may accept students from its wait list to fill available positions in order to stay as close as possible to the enrollment capacities, so long as Charter School coordinates the acceptance of such additional students in advance with the Superintendent or designee. 14. Nondiscriminatory Admissions. Charter School shall ensure a nondiscriminatory admissions and enrollment process. Students shall be considered for admission into Charter School pursuant to the School District's open enrollment procedures and eligibility criteria for admission into school programs and in all cases without regard to disability, race, creed, color, sex, sexual orientation, gender identity or expression, national origin, immigration/citizenship status, religion, ancestry, family compositions, or physical characteristics. Denial of admission shall be handled consistent with state and federal law and School District policy and regulation. Following admission, pursuant to Colorado State Board of Education Rules, Charter School and the School District shall determine whether a student has been identified as eligible for special education and related services under the Individuals with Disabilities Education Act (“IDEA”). If so, the parties shall obtain a copy of the student's individualized education program ("IEP"). A properly constituted staffing team shall be convened to determine whether Charter School can offer the student a free appropriate public education (FAPE) under federal and state law. If the staffing team is unsure or does not believe Charter School is the appropriate setting for the student to receive an offer of FAPE, then a properly constituted IEP team meeting, including an invitation to the parents, shall be held to determine an offer of FAPE. 15. Education of Students with Disabilities. Charter School agrees to comply with all Boardapproved policies and regulations and the requirements of federal and state law concerning the education of children with disabilities by providing special education and related services. 5

Consistent with the Boulder Valley School District Board’s priority of achieving demographic parity in enrollment, Charter School will purchase special education services as Purchased Services, including “Central” and “School” programs as identified on Exhibit D (“Special Education Costs”) and described in Exhibit G. The per-pupil costs for Special Education Costs will be calculated by adding the School District’s total costs for providing special education services in the School District for Central and School programs divided by the School District’s total enrollment; then, the District will credit the Charter School an amount to reduce the cost for “School” programs in proportion to the Charter School’s December Count enrollment in specified categories (i.e. eligibility categories and funding categories (Tier A and Tier B)), reflected as a percentage of total enrollment, as it compares to the School District’s December Count enrollment percentage in those categories (“SPED Proportional Rate”), as further illustrated in Exhibit D. The Charter School will receive a credit for funding received by the District for Special Education students (i.e. Tier A and Tier B funding) at the SPED Proportional Rate. Charter School will receive, as a credit against such Special Education Costs, a proportionate share of any actual and received excess costs for non-resident students. Charter School’s responsibilities include identifying its own special education staffing needs, hiring qualified staff members, and ensuring that IEP requirements are fulfilled with fidelity, except for those services to be provided by the School District (“Charter School Special Education Services”). The School District’s responsibilities include providing oversight to ensure legal compliance and support as needed, as well as delivering certain purchased special education and related services, including Special Services Providers, as outlined in Exhibit G and Exhibit D (“School District Special Education Services”). As part of its compliance oversight, the School District will collaborate with the Charter School to provide system training and to address individual student concerns. In 20262027, the School District will provide training to Horizons general and special education staff regarding procedural and substantive obligations under IDEA and Section 504, including proper meeting procedures and the obligations to implement accommodations in general education. Both the School District and Charter School acknowledge that the Charter Schools’ governance model does not alter requirements of state and federal law regarding IEP and Section 504 meetings. Also, the School District will invite the Charter School Special Education staff to participate at no cost in the School District’s trainings offered to BVSD staff. Charter School shall remain solely responsible for the costs of providing those services required under all IEPs for students at Charter School and those that are typically provided by general classroom teachers through the typical classroom program, including without limitation, the cost of the classroom teacher, typical classroom supplies, and services and supplies generally made available to all students. Charter School shall be responsible for ensuring that its employees properly carry out the applicable requirements of each IEP. To the extent that special education and related services required to make an offer of FAPE pursuant to a student’s IEP cannot be provided in the Charter School setting, the School District will ensure a FAPE is offered in a manner consistent with its approach for 6

other schools of the School District, in consideration of the other funding provisions in this contract. If Charter School and the School District determine that a non-resident student requires transportation as a related service, Charter School shall be solely responsible for arranging for the financing and provision of said services. In the event of a disagreement between Charter School and the School District as to any and all aspects of the acceptance, placement, or education of a student with disabilities, the School District's Director of Special Education, after consultation with Charter School’s leader, shall make the final decision, which shall not be subject to dispute resolution under this Contract. 16. Section 504. Charter School is responsible for complying with the provisions of Section 504 of the Rehabilitation Act of 1973 as to students with disabilities who qualify for protections under that law. Charter School shall comply with its obligations by identifying a Section 504 Coordinator for the school who shall participate in any mandatory Section 504 trainings (at no cost) provided by the School District, by developing a written Section 504 plan for any student eligible for such a plan, and complying with all other requirements of Section 504. 17. Education of English Language Learners. Charter School agrees to comply with School District Policies and the requirements of federal and state law concerning the education of children who are multi language or English language learners (MLL or ELL). Consistent with the Boulder Valley School District Board’s priority of achieving demographic parity in enrollment, Charter School will purchase as a Purchased Service ELL services, including “Central” and “School” programs as identified on Exhibit D (“ELL/MLL Costs”) and described in Exhibit G. The per-pupil costs for ELL/MLL Costs will be calculated by adding the School District’s total costs for providing ELL/MLL services in the School District for Central and School programs divided by the School District’s total enrollment. The School District will credit the Charter School an amount for “School” programs in proportion to the Charter School’s October Count ELL enrollment in specified categories that receive funding through CDE (i.e. NEP, LEP, and Years 1 and 2 monitoring), reflected as a percentage of total enrollment, as it compares to the School District’s October Count enrollment percentage in that category (“MLL/ELL Proportional Rate”), all as further illustrated in Exhibit D. The Charter School will receive a credit for funding received by the District for ELL/MLL students at the MLL/ELL Proportional Rate. Charter School will provide appropriate MLL/ELL services directly to Charter School students (“Charter School MLL/ELL Services”) with oversight and certain centralized services, including eligibility testing and any federal, state and local reporting, being provided by the School District as outlined in Exhibits G and D (“School District MLL/ELL Services”). The School District will also invite the Charter School’s ELL staff to participate at no cost in the School District’s trainings offered to BVSD staff. 18. Education of Gifted and Talented Learners. Charter School agrees to comply with applicable School District Policies and the requirements of federal and state law concerning 7

the education of children who are Gifted and Talented (“GT”) Learners. Charter School shall comply with this obligation by, in part, contracting with the School District to provide the GT Services, as described in Exhibit G and D, (“School District GT Services”) during the term of this Contract. Except for those services to be provided as School District GT Services, the Charter School shall remain solely responsible for delivery and funding of all instructional services for GT students at Charter School, including without limitation, the cost of the classroom teacher or instructional personnel, instructional supplies, and services and supplies generally made available to all students. 19. Transportation. The School District and Charter School acknowledge and agree that transportation will not be provided to students attending Charter School. If Charter School subsequently determines to provide transportation during the term of this Contract, Charter School may contract with the School District for transportation services at cost to the extent the School District has capacity, by separate written agreement as an addendum to this Contract. To the extent Charter School offers transportation services and incurs reimbursable expenses in accordance with CDE outside of the School District, Charter School is free to seek reimbursement directly from CDE and/or other funds that may be available under federal or state law. Financials and Record Keeping 20. Tuition and Fees. Tuition may not be charged to resident or nonresident students other than for optional before- and after-school programs, intersession programs, pre- school programs, summer programs, or extended kindergarten programs administered by Charter School. Student fees may be charged by Charter School so long as such fees are in accordance with applicable Colorado law and regulations including, but not limited to, the provisions of C.R.S. §§ 22-32-110(1)(o) and (p) and 22-32-117, and Board policy and regulations. Charter School shall provide to the School District a schedule of all proposed fees for the ensuing year by May 1 of each year. 21. Fee Waivers. Charter School shall waive all fees for students on the basis of need in accordance with Board policy and applicable federal and state law. If requested by the School District, Charter School shall survey its student population for eligibility for free and reduced lunches under federal guidelines in accordance with State Board of Education regulations. On all fee lists and schedules, Charter School shall include notification of the policy of waiver of fees for students. 22. Cross-enrollment. Charter School students may apply for enrollment in individual classes at School District comprehensive high schools on the same basis as students from other School District middle schools including, without limitation, satisfying any prerequisites and space permitting. For up to five (5) students cross-enrolled who have been included in the funded pupil count, the Charter School shall reimburse the School District per class at the rate currently charged by BVSD’s tuition-based online program. If the Charter School anticipates sending more students for cross-enrollment, the School District and Charter School shall determine timely whether a section/class needs to be added and will negotiate the actual associated cost of adding a section/class to the School to accommodate the Charter School’s students who wish to enroll. 8

23. Extracurricular Activities. Charter School students may try out for nonacademic activities at other schools in the School District, typically at the school they would have attended based upon their residence, provided that the prerequisites for participation are met. Where such participation requires payment of a fee, the Charter School student or Charter School (as determined by Charter School) shall be responsible for payment of the fee that shall be equal to 100 percent of the fee amount the school of participation would charge an enrolled student to participate in the activity. 24. Evaluation of Pupil Performance and Procedures for Corrective Action. The Board accepts Charter School’s methods for evaluating pupil performance as contained in the Plan for Evaluating Student Performance Section of the Renewal Application. The Board of Education accepts Charter School’s proposal for the use of multiple tools for assessment of student performance that shall include, but not be limited to, administration of interim standardized achievement tests throughout the school year (i.e. NWEA or similar) and providing results to the School District broken down by subgroup. Charter School agrees to cooperate with School District administrators to coordinate testing and the reporting of test data with the School District’s statistical reporting needs and to implement any testing requirements and assessments that may be required to meet the School District’s obligations under the provisions of Colorado and federal law. Charter School shall pay to the School District the pro-rata costs associated with all such tests and assessments such as, but not limited to, the cost of test booklets and scoring and tabulating results. Charter School will use the School District’s communications and messaging to encourage its students to participate in state testing. 25. Economic Plan, Budget, and Annual Audit. The provisions of this Contract shall supersede and control over any conflicting language concerning budget and funding contained in the Renewal Application or any other document. 26. Funding. Subject to the provisions of this Contract including, without limitation, School District Central Administrative Overhead and Purchased Services costs, and so long as Charter School is a School District authorized charter school, the School District shall provide funding for each funded student (“Student FTE”) enrolled in Charter School during each fiscal year of the term of the Charter as follows: a. 100 percent of the Charter School per pupil revenues ("PPR"), as defined by the Colorado Public School Finance Act and that shall include per pupil amounts allocated by the General Assembly under Article IX, Section 17 of the Colorado Constitution ("Amendment 23") and as required by C.R.S. § 22- 30.5112(2)(a)(III)(B), as amended from time to time; and, b. local mill levy revenue pursuant to the School District’s then applicable House Bill 17-1375 Plan. Currently, per Board Resolution 18-21, House Bill 17-1375 Plan Relating to the Distribution of Local Mill Levy Override Revenue, adopted June 12, 2018 provides: [T]he School District will ensure compliance with House Bill 17-1375 by distributing additional MLO revenue to each charter school authorized by the School District at a rate of 95% of the School District’s additional MLO revenue (to the extent the language of voter approval 9

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permits) divided by the district-wide certified Funded Pupil Count multiplied by each charter school’s certified Funded Pupil Count for the budget year. The term “enrolled” as used in this Contract shall be deemed to mean enrolled as of the counting dates or periods and in accordance with the requirements of the Colorado School Finance Act and CDE regulations. The term “Central Administrative Overhead” as used in this Contract shall be deemed to mean those costs defined by Colorado statute, currently as “indirect costs incurred in providing: (A) Services listed under the heading of support services -- general administration in the school district chart of accounts as specified by rule of the state board; and (B) Salaries and benefits for administrative job classifications listed under the headings of support services -- business and support services --central in the school district chart of accounts as specified by rule of the state board.” C.R.S. 22-30.5-112(2)(a.5). This term also includes any costs authorized by applicable rule or case law. The term “Purchased Services” as used in this Contract shall be deemed to mean those costs defined by Colorado statute, currently as those services for which “the charter school, at its discretion, may contract with the school district for the direct purchase of district services in addition to those included in central administrative overhead costs, including but not limited to food services, custodial services, maintenance, curriculum, media services, and libraries.” C.R.S. 22-30.5-112(2)(b). This term also includes any costs authorized by applicable rule or case law. Except as otherwise established by this Contract, the amount to be paid for Purchased Services shall be determined as required by law, currently by dividing the cost of providing the service for the entire School District, as specified in the School District’s budget, by the number of students enrolled in the School District and multiplying said amount by the number of students enrolled in the Charter School. The term “Direct Costs” as used in this Contract shall be deemed to mean those costs defined by Colorado law, currently as “the direct costs incurred by a school district solely for the purpose of reviewing charter applications, negotiating the charter contract, and providing direct oversight to charter schools, [except it] shall not include the school district's legal or other costs attributable to litigation or the resolution of a dispute with a charter school.” C.R.S. 22-30.5-112(2)(b.5). This term also includes any costs authorized by applicable rule or case law. The School and the School District agree to negotiate payment to the School District of the School’s share of the direct costs incurred by the School District for charter schools as required by law, currently pursuant to C.R.S. § 22-30.5112(2)(b.5) that provides, “If the School and the District “do not reach an agreement regarding the payment of direct costs, the school district shall be barred from withholding… any moneys as reimbursement for direct costs”, unless authorized by law. The School District shall provide an itemized accounting to the School for the direct costs incurred by the School District. This term also includes any costs authorized by applicable rule or case law. The “School District Services” as used in this Contract shall mean, collectively, the School District ELL/MLL Services, School District Special Education Services, School District GT Services, and those services provided by the School District to Charter School in connection with the Central Administrative Overhead, Purchased 10

Services, and Direct Costs. Exhibit G includes department listings and descriptions of School District Services. These attachments are intended as guidance that is updated regularly to reflect changes in law and practice, and do not create independent enforceable terms of this contract. So long as Charter School is not in material breach of this Contract, any funding provided by the School District will be made available to Charter School throughout the year consistent with the School District’s procedures for its other schools, commencing on July 1 in each year of the Charter, subject to enrollment capacity, adjustments, deductions, or purchased services as provided in this Contract. The funding on July 1 will be based on the approved Proposed Budget for that year. Funding will be adjusted after the approval of the Revised Budget to reflect budgeted transfers. Funding again will be adjusted after the official October count. When adjustments in funding are made, based upon these enrollment count dates, any increases or decreases shall apply to the total school year but shall be spread over the remaining months of the fiscal year. To the extent the School District experiences any reduction or receives any increase in state equalization support by state audit attributable to Charter School’s enrollments or a legislative rescission or a modification to per pupil equalization funding, proportionate reductions or increases will be made to Charter School's funding by adjustment or set off in subsequent months. Adjustments will be accomplished by the School District upon thirty days’ prior written notice that will include a reasonable explanation and accounting of the adjustment. Further, if any significant alteration is made to the Finance Act, the parties shall reexamine and renegotiate in good faith the funding of Charter School to take into consideration the changes in the Finance Act. 27. Applications for Additional Aid. With respect to categorical programs other than special education, ELL, and ELPA, Charter School may apply for state and federal funding, if any, to the extent that Charter School is serving students who are eligible for such aid, complies with the conditions and requirements of such programs and applicable law, fulfills the reporting requirements under such programs, and is not receiving services under such programs from the School District. 28. Facility Use. The School District agrees to provide a facility for Charter School as set forth in Exhibit I. 29. Bond Participation. Requests by Charter School to fund any necessary additional capital construction projects through ballot questions for approval of bonded indebtedness and/or a special mill levy shall be submitted in writing (with a capital construction plan as specified in C.R.S. § 22-30.5-404(3) and other supporting documentation) to the School District as far in advance of the November election date as possible, and such requests shall be considered and action shall be taken in accordance with governing law. As provided in the Act, funding to Charter School under this Contract shall be reduced by the amount of any direct payments of principal and interest due on any bonds that may be issued on behalf of Charter School by a governmental entity other than the School District for the purpose of financing capital construction that were made by the State Treasurer or the School 11

District on behalf of Charter School, plus administrative costs associated with the making of such direct payments. 30. Fund Balance. By June 30, of each year during the term of the charter, Charter School’s ending fund balance shall comply with the emergency reserve requirements of Article X, Section 20 of the Colorado Constitution (“TABOR” or “TABOR Reserve”). 31. Budget. Charter School’s annual budget will comply with applicable law and is subject to the following: a. Charter School shall be responsible for all costs associated with its school operations, including the cost of contracting for goods and services and the cost of certain Purchased Services and allocated Direct Costs of the School District as set forth in Exhibit D. The services identified on Exhibit D shall be provided to Charter School by the School District and purchased and paid for by Charter School to the School District during the term of this contract at substantially the same level as provided for other School District schools or as otherwise provided in this Contract. Within 90 days of the close of the fiscal year, costs of Purchased Services and Central Administrative Overhead charges and Direct Costs shall be reconciled annually to actual costs, with any difference between the amount initially charged and the actual cost paid to the owed party. b. The parties shall negotiate optional services as appropriate, including annually. Charter School shall inform the School District by no later than May 15 of each year of the Optional Services, as shown in Exhibit D, it intends to purchase for the following fiscal year, with a final commitment to purchase by June 1. If Charter School does not purchase optional services, it shall be responsible for performing those activities or services itself in the same manner as is required by law and by other schools in the School District, unless otherwise waived in writing by the Superintendent or designee. The School District shall provide Charter School with access to projected service rates for services by May 1. In some cases, initiating receipt of a new purchased service may require more lead time and may require additional start-up work and related costs. Exhibits D and G (non-binding) include a detailed description of each service and allocated cost charges together with cost estimates provided by the School District for the 2026-2027 fiscal year. These will be adjusted annually to reflect budgeted costs for each fiscal year. c. On or before April 1 and September 1 of each year, Charter School shall identify the total Student FTEs who have enrolled. By May 1 of each year, Charter School shall provide to the Board its proposed budget for the upcoming fiscal year based upon the Student Target established by Charter School in this Contract. The projected Charter School budget, when incorporated into the School District’s budget and accepted by the Board for each fiscal year, will be incorporated into this Contract as an exhibit, and will be subject to adjustment based upon current state funding data as it becomes available during the budget adoption process. The budget format used by Charter School shall be consistent with the requirements of applicable 12

Colorado law. The budget may be modified prior to October 1 of each year so long as it continues to present a sound financial plan, consistent with this Contract and state law, to provide the instructional services represented by Charter School. Any modified budget shall be approved by the Charter School’s Board and submitted to the Superintendent or designee. 32. Financial Records. Charter School agrees to establish, maintain, and retain appropriate financial records in accordance with all applicable federal, state, and local laws, rules, and regulations, and make such records available to the School District, as requested, from time to time; provided that, for those services that the School District agrees to perform under this Contract, the School District will maintain and make available such records. Charter School shall similarly make the records (except the personnel files) of any of its supporting I.R.C. § 501(c)(3) organizations available to the School District upon request. 33. Financial Reports. Charter School shall be responsible for confirming with the School District on a reasonable schedule the Charter School’s written revenue and expenditure reports with comparisons to budget and, on an annual basis, a financial statement that reports the costs of administration, instruction, and other spending categories, consistent with the format required by state law. End of year reports and any required audit financial information shall be sent electronically to the School District as reasonably requested. 34. Gifts, Donations, & Fundraising. All cash gifts or donations and all gifts or donations of property, having a reasonable value in excess of $10,000, shall be reported by Charter School to the School District by recording the same in the required financial records. Charter School shall report to the Board of Education within fourteen days the acceptance of any gift or donation in excess of $10,000 and shall obtain the prior approval of the Board of Education for any grant and any gift or donation that would involve any condition or obligation on the part of the School District. Grants and gifts to Charter School and Charter School’s fund raising activities shall be consistent with federal and state law and School District policies, unless otherwise approved by the Board of Education, but will not affect funding by the School District pursuant to this Contract. All non-consumable grants, gifts, and donations given to Charter School shall be considered the property of the Charter School, unless otherwise provided in writing by the donor. 35. Bidding Requirements. Unless purchased from or through the School District, and except insofar as necessary to receive and administer the BEST Construction Award, contractual services and purchases of supplies, materials, and equipment shall be procured through a system of competitive bidding, as required by Board policy, unless waived, and applicable state and federal law. 36. Annual Audit. Charter School agrees to cooperate in an independent, outside audit by a certified public accountant of its and, if required by the School District, its supporting organizations' financial and administrative operations on an annual basis. The Charter School’s audit shall be performed by the School District’s independent 13

auditors in conjunction with the audit of the School District itself. The results of the audit shall be provided to the School District in written form within the same statutory time limits required of the School District and shall be published and posted as required by law. Any cost associated with the audit of Charter School (but not of its supporting organizations) are the responsibility of Charter School. Charter School’s proportional cost of the School District’s audit is included in the amount designated on Exhibit D. In the event that Charter School does not provide a draft audit to the School District by September 15th of each year, then, unless the failure is of no fault of the Charter School, the School District will issue a Notice of Concern and allow Charter School five business days to cure before Charter School will be in material breach of Contract. If Charter School does not cure the breach within the five-day period, Charter School will be responsible for any additional costs incurred by BVSD in addressing the breach. Governance and Operations 37. Governance and Operation. The provisions of the Charter School Bylaws concerning the nature and extent of parental, professional educator, and community involvement in the governance and operation of Charter School is accepted by the School District to the extent permissible under federal and state law and subject to all conditions of this Contract and to the policies and regulations of the School District, as amended and adopted from time to time (except to the extent waived by the Board as provided in this Contract). In addition, the governance and operation of Charter School shall conform to the following requirements: a. Conflict of Interest. Members of the Charter School Board of Directors and other committees of Charter School shall comply with applicable state law and Board policies and regulations regarding ethics and conflict of interest. b. Nonreligious, Nonsectarian Status. Charter School agrees that it shall operate, in all respects, as a nonsectarian, nonreligious, non-home-based public school. Charter School shall not be affiliated with any nonpublic sectarian school or religious organization. Negotiation by Charter School of an occupancy lease from a religious institution shall not be construed as affiliation. c. Commitment to Nondiscrimination. Charter School shall comply with all applicable federal, state, and local laws, rules, and regulations and School District policies, prohibiting discrimination on the basis of disability, race, creed, color, sex, sexual orientation, gender identity or expression, national origin, immigration/citizenship status, religion, ancestry, family compositions, or physical characteristics. d. Accountability Committee. The Charter School’s School Accountability Committee (SAC) shall serve as the school advisory council and, unless otherwise determined by the School District to be exempt, shall have a composition of members consistent with the requirements of Colorado law that will participate in the accountability process in accordance with Board 14

policy and state law. e. Open Meetings and Open Records Laws. Charter School acknowledges and agrees that it is subject to the provisions of the Colorado Open Meetings Law and the Colorado Open Records Act, and that it will comply with the provisions of such laws in connection with all of its activities. Public notice of all regular and special meetings of the Charter School Board of Directors shall be given and posted in accordance with law. Minutes and records will be maintained and available. All records created and maintained in accordance with the provisions of this Contract, Board policy, and federal and state law shall be open to inspection by the School District and as required by Colorado law. f. Operational Powers. Subject to the conditions and provisions of this Contract, and pursuant to the provisions of the Charter School Bylaws, Charter School shall be fiscally responsible for its own operations within the limitations of any funding provided by the School District and other revenues derived by Charter School consistent with law. Charter School shall have authority to exercise independently, also consistent with federal and state law, the following powers (including such other powers as provided for elsewhere in this Contract and in the Charter School Bylaws to the extent consistent with this Contract): purchase goods and services in accordance with law and Board policy; prepare a proposed budget; select personnel and determine their compensation; procure insurance at its expense; purchase, lease, or rent furniture, equipment, supplies, facilities, and transportation; retain fees collected from students in accordance with law; and accept and expend gifts, donations, or grants of any kind in accordance with such conditions prescribed by the donor as are consistent with law and not contrary to any of the terms of this Contract. Unless otherwise agreed in writing by the School District, Charter School shall not have the authority to enter into a contract or subcontract for the management or delivery of all or substantially all of its instructional program or services by any person or entity that is not a teacher or administrator employed directly by Charter School itself or the School District. This provision shall not prevent Charter School from engaging independent contractors to provide services that do not include all or substantially all of the management or delivery of the Charter School’s instructional program, including without limitation contracting with independent contractors to teach selected, specific classes from time to time, as needed. g. Independence in Dealing. Charter School shall clearly indicate to vendors and other entities and individuals outside the School District with which or with whom Charter School desires to transact business that the obligations of Charter School under any agreement are solely the responsibility of Charter School and are not the responsibility of the School District. 15

h. TABOR. Charter School shall comply with applicable provisions of TABOR. Charter School shall not have any authority to enter into any agreement or make any commitment that gives rise to a multiple-fiscal year direct or indirect debt or other financial obligation whatsoever on the part of Charter School or the School District without the prior express written consent of the School District. 38. Complaint Process. Charter School shall keep in force a process, approved by the School District, for resolving public complaints, including complaints regarding curriculum, that provides an opportunity to be heard and an appeal process similar to current School District policies and procedures, except that the final administrative appeal shall be heard by the Charter School Board of Directors, or its designees, rather than the Board of Education of the School District. To address concerns about ensuring a clearly defined and communicated process for managing student, staff, or community complaints or grievances and to ensure that any concerns regarding potential conflicts of interest (i.e. staff persons being involved in reviewing complaints regarding their supervisors or similar), the Charter School agrees to provide clear steps to its complaint processes before the opening of the 2026-2027 school year and to revise any policies to address any concerns regarding potential conflicts of interest related to the unique governance structure of the school. 39. Records. Charter School agrees to comply with all record keeping requirements of the Board and/or federal or state law and shall provide any reports, as necessary, to meet the School District’s reporting obligations to the State Board, Colorado Department of Education, and U.S. Department of Education. Charter School shall comply with all Board-approved policies and regulations, and applicable federal and state laws, concerning the maintenance, retention, and disclosure of student records, including, without limitation, the Colorado Public Records Law, C.R.S. §§ 24-72-204 et seq., and the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g. The Board, its Superintendent, and their designees (whom the School District has determined to have legitimate educational interests) shall have access to all student records of Charter School in the same manner as they would have access to the records of any other public school in the District. Student records include, without limitation, immunization records, class schedules, records of academic performance, disciplinary actions, attendance and standardized test results, and documentation required under federal and state law regarding the education of students with disabilities. 40. Waivers. The Board will approve waivers from certain Board-approved policies and regulations (“Board Policies”) when Charter School demonstrates that: 1) any such policy would materially interfere with essential elements of Charter School’s educational program; 2) the Charter School has a plan to comply with the intent of the statute, rule, or policy for which waiver is requested; and, 3) the Charter School has an acceptable replacement policy. The existing agreed upon waivers from Board Policies are set forth in attached Exhibit F. Unless a specific waiver is obtained, Charter School shall comply with all Board Policies and regulations and shall 16

administer and execute such policies and regulations by its own administration and Board. Charter School agrees to comply with future School District-approved Board Policies and regulations, unless waived. School District agrees to provide notice to the Charter School of any material changes being proposed the Board Policies before the Board meeting at which those changes will be discussed through the Board’s public agenda process. All School District-approved Board Policy and regulation changes will be available to Charter School when made available to other schools within the School District and in the same manner, including through the Board’s public agenda process. Waivers of Board Policies may be granted only to the extent permitted by state law. In the event the Board Policy or regulation from which Charter School seeks a waiver is required by state law, or where Charter School otherwise requests release or waiver from a state law or regulation, the School District agrees to jointly request such a waiver from the State Board of Education, if the School District’s Board first approves the request. The waivers from state statutory requirements are attached as Exhibit H. Further waivers from specific Board Policies or regulations and/or state law may be requested by Charter School by submitting such a request, in writing, to the School District's Superintendent (or designee). The Superintendent shall have thirty school days (or, if submitted during the months of June, July, or August, sixty business days) to review the request and then will either reject the request or present the matter to the Board at its next regular meeting. The Board shall have an additional thirty-calendar days to consider the matter prior to rendering a decision after it has been presented by the Superintendent. The request shall include the reasons for the requested waiver and the alternative or substitute policies proposed, if any. Charter School shall, prior to implementation, furnish to the Superintendent or designee copies of all material revisions to written policies or procedures it may develop with respect to any matter relating to its operations and educational program upon adoption of such policies by the Charter School Board of Directors or by the body designated with such authority in Charter School's bylaws. Employment and Personnel 41. Employment Matters. Charter School will address employment matters as subject to the other provisions of this Contract and the following conditions: a. Hiring of Personnel. Charter School may select its personnel directly without prior authorization from the Board, subject to compliance with all federal and state rules and regulations, including but not limited to requirements concerning the recruitment of applicants, the use of background and criminal checks, and certification and/or licensing requirements for teachers and the principal, except as may be waived by the State Board. b. Employment Agreements. Charter School will develop its own employment agreements and terms and conditions of employment and assure that proper 17

c.

d.

e.

f.

g.

h.

documentation exists in accordance with applicable law. All employees hired by the Charter School shall be employees of the Charter School and not the School District. The School District shall have no obligation to employ Charter School employees who are released or leave the School. Employee Compensation, Evaluation, and Discipline. Charter School will make all decisions related to compensation, evaluation, and discipline in accordance with the Charter School’s policies and procedures, subject to compliance with all applicable state rules and regulations, unless specific waivers are obtained from the State Board of Education. Employee Evaluation. The supervision and evaluation of the teaching staff within Charter School will be carried out as set forth in the Charter School Bylaws or other policies; provided, however, that all such evaluations shall be conducted or supervised by a person who has satisfied state evaluator training requirements, unless a waiver of state requirements is obtained by the School District and Charter School. Head of School Evaluation. Charter School shall be responsible for annually evaluating the performance of the School’s Head of School pursuant to the Charter School Bylaws or other policies. The written results of such evaluation and the evaluation report shall be submitted to the Superintendent on or before July 1 of each year for review. It is agreed that the Head of School shall at all times possess a valid Colorado certificate or license to teach, issued by the Colorado Department of Education unless a waiver of state requirements is obtained by the School District and Charter School. Termination. Pursuant to the Charter School policies and practices, Charter School may terminate the employment of any personnel so long as such employees are not terminated for constitutionally or otherwise legally impermissible reasons. Notification of Discipline. Charter School shall notify the School District and other appropriate authorities, in accordance with state law, of discipline of employees at Charter School arising from misconduct or behavior that may have resulted in harm to students or others or that constituted violations of law or policy. Charter School Employment Policies. Charter School shall adopt its own written policies in compliance with federal and state law, concerning the recruitment, promotion, discipline, and termination of personnel; methods for evaluating performance; and a plan for resolving employee-related problems, including complaint and grievance procedures. School District policies shall remain in effect, unless already waived, until the adoption by the Charter School Board of Directors of policies regarding these matters that are in compliance with applicable law and approved by the School District.

42. Benefits. Charter School shall determine the employee benefits it shall provide to its teachers and leadership. To the extent Charter School elects to receive payroll processing and insurance benefit services through the School District, then Charter School shall provide the same insurance benefits to its employees as are provided to comparable School District employee groups. 18

43. No School District Benefit Obligations. The School District shall have no obligation for career longevity stipends or any other School District employee benefit for any current or former Charter School’ teacher or employee unless and only as created specifically by written agreement. 44. Sick Leave Bank. Charter School’s employees will not be eligible to participate in the School District’s sick leave bank. Charter School may establish its own sick leave bank. 45. PERA Membership. All employees at Charter School shall be members of the Public Employees’ Retirement Association and subject to its requirements. Charter School shall be responsible for the cost of the Charter School’s/employer’s respective share of any required contributions. 46. Equal Opportunity Employer. Charter School affirms that, consistent with applicable law and School District policies, it shall not discriminate against any employee on the basis of disability, race, creed, color, sex, sexual orientation, gender identity or expression, national origin, immigration/citizenship status, religion, ancestry, family compositions, physical characteristics, age (40+), marital status, pregnancy (including child birth and related conditions, or any other legally protected class status. 47. Employee Welfare, Safety, and Training. Charter School shall comply with all Boardapproved policies, unless waived, and applicable federal and state laws, concerning employee welfare, safety, and health issues, including, without limitation, the requirements of federal law for a drug-free workplace, and statutorily required training concerning mandatory reporting of child abuse and neglect. 48. Employee Records. Charter School shall comply with all Board-approved policies and regulations, as modified and not waived, and applicable federal and state laws, concerning the maintenance and disclosure of employee records, including, without limitation, the requirements of the Colorado Public Records Law, §§ 24-72-204 et seq. 49. Personnel Concerns. If concerns arise regarding individuals responsible for the implementation of this Contract, including the provision of special education services to students with disabilities, Charter School and the School District agree to convene a leadership conversation to seek an efficient and mutually satisfactory resolution. Insurance and Legal 50. Insurance and Legal Liabilities. The only insurance that must be provided through the School District is property insurance, as Charter School occupies a BVSD property. If in any year of the contract Charter School elects to purchase the insurance package in Exhibit E, the School District will provide insurance coverages as set forth in Exhibit E that are consistent with the coverages available to the School District itself. For all insurance Charter School purchases through the School District, it agrees to coordinate all risk management activities through the School District’s risk management staff. This will include the prompt reporting of any and all pending or threatened claims, 19

filing of timely notices of claim, cooperating fully with the School District in the defense of any claims, and complying with the defense and reimbursement provisions of the Colorado Governmental Immunity Act and the School District’s applicable insurance policies. Charter School shall neither compromise, settle, negotiate, nor otherwise affect any disposition of potential claims asserted against it without the School District’s prior written approval. 51. Independent Coverage. If in any year of the contract, Charter School does not purchase the insurance package set forth in Exhibit D, Charter School shall procure at its expense adequate insurance coverage which shall at least match the School District’s then-current minimum coverages as set forth in Exhibit E. 52. Legal Liabilities. Charter School shall operate in compliance with all Board- approved policies and regulations and all applicable federal, state, and local laws, rules, and regulations, unless specifically waived as indicated in attached Exhibit F and H. 53. Faith and Credit. Charter School agrees that it will not extend the faith and credit of the School District to any third person or entity. Charter School acknowledges and agrees that it has no authority to enter into a contract or incur obligations that would bind the School District, including, without limitation, any waiver or modification of the provisions of the Colorado Governmental Immunity Act, and it agrees to include a statement to this effect in each contract it enters into with third parties. Charter School acknowledges that its authority to contract is limited by the same provisions in law or School District policy that apply to the School District itself, including but not limited to TABOR. Charter School also is limited in its authority to commit its funds by the amount of funds obtained from and held on its behalf by the School District or from other independent sources. 54. Indemnification. To the extent not covered by insurance, not otherwise provided in this Contract, or not barred by the Colorado Governmental Immunity Act, each Party agrees to indemnify and hold the other Party, its Board, agents, and employees harmless (to the extent of any funding that would otherwise have been made available to Charter School under this Contract) from all liability, claims, and demands on account of injury, loss, or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss, or damage or any other losses of any kind whatsoever brought in connection with or related to the operations of Charter School and/or, services provided by the School District, and/or the conduct of any of either Party’s employees, agents, representatives, or volunteers that are proximately caused by those employees assigned at Charter School or agents of either Party. The foregoing provision shall not be deemed a relinquishment or waiver of any kind of applicable limitations of liability provided by the Colorado Governmental Immunity Act or other law. Each Party’s indemnification and hold harmless obligation shall include all reasonable attorneys' fees, costs, and expenses incurred by the other Party in defense of such suits, actions, grievances, charges or proceedings. 55. Indemnification by Independent Entities/Governmental Immunity. In the event Charter School authorizes, with the School District's approval, use of the Charter School's facility or charges Charter School for services provided off-campus, such person or entity shall 20

provide separate insurance coverage for general liability and errors and omissions with limits consistent with the School District policies and naming Charter School, the School District, and the property owner as additional insureds. Such person or entity will also agree to indemnify and hold Charter School, the School District, and the property owner harmless from all liability, claims, and demands on account of injury, loss, or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss, or damage, tort and civil rights claims, or any other losses of any kind whatsoever that arise out of or are in any manner connected with such person's or entity's operations. Nothing contained in this Contract shall be deemed a relinquishment or waiver by the School District or Charter School of any kind of applicable limitations of liability provided by the Colorado Governmental Immunity Act or other applicable law. 56. Legal Services. Subject to the provisions of this Contract, the School District will provide legal services for defense of suits, actions, and claims against Charter School for which the School District provides insurance coverage in accordance with Exhibit E. Legal services shall also be available through the School District's Office of Legal Counsel for day to day legal matters, such as telephone calls about BVSD policies and practices and special education, so long as Charter School is being charged for legal services as part of purchased services under Exhibit D. Charter School shall have access to legal consultation and advice also where such assistance is requested through the School District’s Superintendent or designee. Except as provided above, in other cases, legal services that are requested by Charter School shall be provided at Charter School’s expense. BVSD shall not provide Charter School with legal counsel for disputes between Charter School and the School District or where there exists a conflict of interest between the School District and Charter School as determined by the School District’s Legal Counsel under the applicable rules. In all cases, the provision of a defense is conditioned upon prompt notification by Charter School to the School District of all claims, including threatened or reasonably anticipated claims or actions, full cooperation with the School District and legal counsel in defending the claim, and Charter School not compromising, settling, negotiating, or otherwise similarly dealing with the claim without the express consent of the Board of Education. In further consideration of the funding provisions, the School District agrees that it will defend any state or federal complaint or due process hearing request related to a student with disabilities or ELL student in attendance at Charter School, to the extent of any alleged involvement of a School District employee or a Charter School employee, who has been authorized by the School District to provide services, in a violation of state or federal law. Within five (5) days after the receipt of any state or federal complaint or due process hearing request that includes allegations against Charter School and/or the School District employees, the parties will meet to explore efficiencies and to determine the course of action in providing a defense including, without limitation, the potential for a joint defense. If a joint defense is not possible, the School District’s Office of Legal Counsel shall continue to represent the School District and Charter School will retain its own counsel at its own expense. To the extent any dispute exists regarding the defense, the School District shall have 21

final authority. Termination and Violations 57. Termination and Violations of Contract. This Contract may be terminated, and the Charter revoked by the Board, for any of the grounds provided by state law, C.R.S. § 22- 30.5110(3), and/or for any material breach of this Contract by Charter School. Charter School shall first be given a reasonable opportunity to cure the breach after receiving written notice of the breach from the School District. Charter School shall also give the School District written notice of any alleged material breach of this Contract by the School District. The School District shall be given a reasonable opportunity to cure the breach after receiving written notice of the breach from Charter School. Unless otherwise specified in this Contract, for this purpose, reasonable opportunity to cure shall mean cure within fourteen days of the effective date of such notice, or in the case of breaches which cannot practically be cured within fourteen days, commencement of the cure within fourteen days and diligent pursuit of the cure to the satisfaction of the non-breaching Party until the cure is complete; and, to the extent reasonably practical, the Parties shall exhaust the dispute resolution provisions. Should Charter School choose to terminate this Contract and relinquish its Charter before the end of the Contract term, it may do so with the Board’s approval, at any time, upon thirty days’ advance written notice. In the event of termination, all assets not requiring return or transfer to donors or grantors or required for discharge of existing liabilities and operations of Charter School shall be returned to the School District. Unless a donor or grantor specifically provides otherwise in writing, all gifts, donations, and grants shall be assumed to be made to the School District for the benefit of Charter School and shall be included among the assets returned to the School District upon termination of this Contract. 58. Charter School’s Violations of Law or this Contract. If Charter School is subject to nonrenewal or revocation for any of the reasons listed in C.R.S. § 22-30.5-110(3), or any of the other reasons listed in this Contract, is in violation of state or federal law or regulations, or otherwise materially breaches the Contract, the School District may, but is not required to, impose other remedies prior to initiating revocation procedures. Remedies may be applied individually, in succession, or simultaneously. Following written notice, the School District may apply remedies including as follows: a. Withholding Funds. This remedy may be applied in situations where Charter School could reasonably take actions to remedy the breach prior to the withholding of funds. The District may only withhold funds in situations as allowed by C.R.S. § 22-30.5- 105(2)(c)(IV). Any action taken pursuant to this subsection is subject to review as provided in C.R.S. § 22-30.5-112(8). b. Plan Submission. The School District may require the submission of a plan to remedy the deficiency. Upon the written request of the School District, Charter School shall develop a plan to remedy the failure or deficiency and submit it to the School District for review and comment. The plan may be revised at the discretion of Charter School. The School District may require Charter School to review and revise the plan if it reasonably determines that the plan is not effective in remedying the deficiency. This remedy may be applied if Charter School fails (a) to make progress toward achieving its goals and objectives as described in this 22

Contract after a reasonable period of time, (b) to achieve School District accreditation requirements, (c) to implement its educational program as described in this Contract after a reasonable period of time, or (d) fails to complete two or more required reports by the established deadlines. c. Technical Assistance. The School District may require Charter School to seek technical assistance if Charter School is required to prepare and implement a priority improvement plan or turnaround plan. d. Exercise of Emergency Powers. The School District may request that the Commissioner issue a temporary or preliminary order in accordance with C.R.S. §§ 22-30.5-701, if the conditions of an emergency exist. 59. School District Violations of School Law or this Contract. If Charter School believes that the School District has violated any provision of this Contract or applicable law, Charter School may initiate dispute resolution procedures, file an appeal with the State Board, or seek other remedies provided by law. 60. Dissolution. In the event Charter School should cease operations for whatever reason, including the nonrenewal or revocation of the Charter, it is agreed that the Board shall supervise and have authority to conduct the closure of the business and affairs of Charter School; provided, however, that in doing so, the School District does not assume any liability incurred by Charter School beyond the funds allocated to it by the School District under this Contract. The School District’s authority shall include, but not be limited to, the return and/or disposition of any assets acquired by purchase or donation by Charter School during the time of its existence, consistent with any donor conditions. Miscellaneous Provisions 61. Entire Agreement. This Contract, with attachments, contains all terms, conditions, and provisions, and the entire understandings and all representations of understandings and discussions of the parties, and all prior representations, understandings, and discussions are merged and superseded and canceled by this Contract. All provisions of this Contract shall supersede and control over any conflicting or inconsistent language contained in the Renewal Application. For purposes of all references in this Contract and the Renewal Application or state law or any understanding any party may have, the Charter of Charter School shall be this Contract and the Renewal Application, to the extent the Renewal Application is not superseded or modified by this Contract. 62. Amendment. It is the intent of the parties that provisions referencing state and federal law and Board policy reference those items in their then-current forms, as amended from time to time, and only to the extent an applicable waiver has not been granted. Other provisions of this Contract may only be modified or amended by further written agreement executed by the parties. Significant changes in applicable law will allow either party to request this Contract be reopened to address the change(s). With regard to any references in this Contract to a Constitutional provision, or statute, or regulation, such reference shall mean any amended, successor, or replacement provision, statute or regulation, as appropriate. 23

63. Notice. Any notice required, or permitted, under this Contract, shall be in writing and shall be effective upon personal delivery (subject to verification of service or acknowledgment of receipt) or three days after mailing when sent by certified mail, postage prepaid, to Charter School’ leadership, in the case of notice being sent to Charter School, or to the Office of the Superintendent for notice to the School District. 64. No Waiver. The parties agree that no assent, express or implied, to any breach by either of them of any one or more of the covenants and agreements shall be deemed or be taken to constitute a waiver of any succeeding or other breach. 65. Invalidity. If any provision of this Contract is determined to be unenforceable or invalid for any reason, the remainder of the Contract shall remain in effect, unless otherwise terminated by one or both of the parties in accordance with the terms. 66. Standing and Capacity. The Charter School Board of Directors shall have standing and capacity to enter into and enforce any of the terms of this Contract on behalf of Charter School. Any action by Charter School’s representative body on behalf of Charter School in a legal action against the District regarding the Charter Contract shall be limited to enforcing the terms of this Contract and recovering the amounts provided for in this Contract or under applicable law and shall not include any action or proceeding for other amounts or damages. 67. Assignment. Charter School shall not assign its Charter nor any of its rights or obligations under this Contract to any person or entity, including, without limitation, a body corporate formed by Charter School, without the prior written approval of the Board of Education. 68. Dispute Resolution. In the event any dispute arises between the School District and Charter School concerning this Contract, including, without limitation, the implementation of or waiver from any policies, regulations, or procedures, such dispute shall first be submitted to the Superintendent of the School District or designee for review. Representatives of the School District and Charter School shall meet and attempt in good faith to negotiate a resolution of the dispute. In the event these representatives are unable to resolve the dispute informally pursuant to this procedure, they shall submit the matter to an independent mediator, who shall be agreed upon by the parties within ten (ten) calendar days following either party’s request for mediation (the “moving party”). If the parties are unable to agree upon a mediator within that time, the moving party shall obtain a list of five names from the Judicial Arbiter Group, Denver, Colorado, and submit them to the other party (the “non-moving party”), who shall strike one, return the list to the moving party, and so forth, until one name remains. The remaining person shall be selected as the mediator. This striking process shall be completed within ten (10) calendar days after delivery of the list to the non-moving party. The mediation shall be scheduled and concluded within thirty (30) days of the mediators’ selection. The mediation process shall be closed to the public and all information submitted during mediation shall be confidential to the extent provided by law. At the conclusion of the mediation, if the dispute is still not resolved, the mediator 24

shall make an advisory recommendation to the Board of Education of the School District, which shall make a determination within thirty (30) days of receipt. The decision of the Board shall be final; provided, however, Charter School may appeal to the State Board of Education concerning those matters within its jurisdiction under the Act. 69. Mutual Cooperation, Good Faith, and Fair Dealing. The parties pledge to collaborate in good faith, through two-way communication and mutual respect, to attempt to informally and amicably resolve any issues that may arise between them. The parties shall abide by the covenant of good faith and fair dealing, otherwise implied by law, in the performance of this Contract. To promote their common goals within the School District, the parties agree to avoid publishing or dispensing disparaging or factually inaccurate information about the programs offered by the other. 70. No Third-Party Beneficiary. The enforcement of the terms and conditions of this Contract and all rights of action relating to such enforcement shall be strictly reserved to the School District and Charter School. Nothing contained in this Contract shall give or allow any claim or right of action whatsoever by any other or third person. It is the express intent of the parties to this Contract that any person receiving services or benefits under this agreement shall be deemed an incidental beneficiary only. 71. Order of Precedence. In the event of any disagreement or conflict concerning the interpretation of this Contract, the Renewal Application, School District Board Policies or regulations, or other requirements, it is agreed that this Contract and Board policies and regulations shall control, unless waived, in that order. 72. Term. This Contract is effective for a period of three (3) years, through June 30, 2029. As required by Colorado law, any financial commitment on the part of the School District and the Charter School are subject to annual appropriation by their respective Boards and the Parties agree that neither has an obligation to fund the financial obligations under this Contract other than for the current year of the Contract term. This Contract may be renewed for an additional period upon application by the Charter School for renewal in accordance with the Charter Schools Act and School District Board approval of the School's application for renewal. IN WITNESS WHEREOF, the parties have executed this Contract as of the date first above written. __________________ SCHOOL By: _____________________________________ _______________, Chair, Charter School Board ATTEST: ____________________________________ 25

____________________, Secretary

Approved as to form:

____________________________________ Charter School Attorney BOULDER VALLEY SCHOOL DISTRICT RE-2

By: _____________________________________ Nicole Rajpal, President, Board of Education ATTEST:

____________________________________ Laura Shafer, Secretary

Approved as to form:

____________________________________ School District Attorney Attachments: A: Application B: Board Resolution C: Bylaws D: Financials E: Insurance Coverage F: Policy Waivers G: Department Services Descriptions H: State Statutory Waivers I: Facility Agreement

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