Agenda Item
a. Museum School of Avondale Estates Contract Amendment - Federal Funding In-Kind Services Agreements
Summary: Presented by: Ms. Shakina M. Champion, Director of School Innovation, Division of Community Empowerment, Innovation and Partnership
Request: It is requested that the DeKalb County Board of Education approve the contract amendment for Museum School of Avondale Estates to include the two-party agreement between the local board of education and the local charter school regarding the provision of in-kind services for federal funds for which the local charter school is eligible.
Why: O.C.G.A. § 20-2-2068.1(c) states that a local board of education and local charter school may mutually collaborate and agree upon specific ways for some or all of the charter school’s proportionate amount of federal funds to be provided by the local school system through in-kind services, with the terms of such mutual agreement to be included in the charter.
Details: The following local charter school seeks to amend its contract to append their in-kind services agreement: Museum School of Avondale Estates.
Financial impact: The total financial impact of all charter schools’ contract amendments (Appendices C) is estimated to be in excess of $1,000,000.00, which includes the direct allocation of personnel to administer the federal programs.
Contact: Ms. Shakina M. Champion, Director of School Innovation, Division of Community Empowerment, Innovation and Partnership, 678.676.1200
Effective: July 1, 2022
Status: Approved by General Counsel.
CHARTER AMENDMENT FOR MUSEUM SCHOOL OF AVONDALE ESTATES
AMENDMENT NUMBER _#1_
The State Board of Education (“State Board”), DeKalb County Board of Education (“Local
Board”), and AVONDALE EDUCATION ASSOCIATION, INC. (“Petitioner”) (collectively
referred to as “the parties”) agree to amend the Charter School Contract for MUSEUM SCHOOL
OF AVONDALE ESTATES (“Charter Contract”). This amendment, which shall become
effective upon the last signature, shall be referred to as “Amendment #_1_.”
WHEREAS, the aforementioned parties entered into the Charter Contract for the operation of
MUSEUM SCHOOL OF AVONDALE ESTATES beginning on or about July 1, 2022; and
WHEREAS, the Charter Contract was previously amended on or about [month/year] [if
applicable]; and
WHEREAS, the Local Board passed a resolution seeking to amend the Charter Contract for the
purpose of outlining the Local Board’s provision of in-kind services to MUSEUM SCHOOL OF
AVONDALE ESTATES for the charter school’s proportionate amount of federal funds.
NOW THEREFORE, in consideration for the promises made herein, the parties mutually agree
to amend the Charter Contract as follows:
1. Section 15 shall be amended by renumbering Section 15(h), and all references thereto, as
Section 15(i) and by inserting the following new Section 15(h), to read as follows:
h. Federal Funding – Proportionate Share and In-Kind Services. The Local
Board shall distribute to the Charter School the proportionate amount of federal
funds for which the Charter School is eligible under each federal
program. Notwithstanding, the Petitioner and Local Board may enter into a two-
party agreement that identifies how some or all of the Charter School’s
proportionate amount will be satisfied through the provision of in-kind services by
the Local Board. The State Board is not a party to the in-kind services
agreement. However, in accordance with O.C.G.A. § 20-2-2068.1, a copy of the
in-kind services agreement between the Petitioner and Local Board is attached and
incorporated as Appendix C.
2. Section 40 shall be amended by deleting and inserting the following new Section 40, to
read as follows:
40. Entire Agreement. With the exception of Appendix C which is a two-party
agreement between the Petitioner and the Local Board, this Charter sets forth the
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CHARTER FOR MUSEUM SCHOOL OF AVONDALE ESTATES
entire agreement among the Petitioner, the Local Board, and the State Board with
respect to the subject matter of this Charter. All prior contracts, representations,
statements, negotiations, understandings, and undertakings among the Petitioner,
the Local Board, and the State Board are superseded by this Charter. The petition
submitted to the Local Board and the State Board serves only as the formal
application for the Charter School and does not constitute a contract or any type of
agreement among the Local Board, the State Board, and the Petitioner.
3. The Charter Contract shall be amended by attaching a new “Appendix C – Federal Funding
In-Kind Services Agreement between Local Board and Charter School.”
Except as amended herein, the Charter Contract and all previous amendments are unaffected and
shall continue in full force and effect in accordance with its terms. If there is a conflict between
this amendment and the Charter Contract or any earlier amendment, the terms of this amendment
will prevail.
IN WITNESS WHEREOF, the parties state and affirm that they are duly authorized to bind the
respected entities designated below as of the day and year indicated.
_________________________________________ _________________
Chairperson, STATE BOARD OF EDUCATION (Date)
_________________________________________ _________________
Chairperson, DeKalb County Board of Education (Date)
_________________________________________ _________________
Authorized Representative, AVONDALE (Date)
EDUCATION ASSOCIATION, INC.
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CHARTER FOR MUSEUM SCHOOL OF AVONDALE ESTATES
OPTION A
Appendix C –Agreement between Local Board and Charter School regarding
the Use of Federal Funds for In-Kind Services
Appendix C is a two-party agreement between DeKalb County Board of Education (“Local
Board”) and AVONDALE EDUCATION ASSOCIATION, INC. (“Charter School”) regarding in-
kind services provided to the Charter School.
WHEREAS, the Local Board and Charter School agree that the Local Board will use a portion or
all of the Charter School’s federal funds to provide in-kind services to the Charter School.
NOW THEREFORE, in consideration for the promise made herein, the Local Board and the
Charter School agree that the in-kind services outlined in the table below will be provided by the
Local Board to the Charter School for the remainder of the charter term.
Table C.1. In-Kind Services
Federal Funding Source Description of In-Kind Services
IDEA The Charter School’s proportionate amount of IDEA
funding will be provided through the following in-kind
services, as outlined in the DeKalb County School
District’s ("DCSD") Department Services Guide:
- Related services (i.e., occupational therapy,
physical therapy, and speech)
- Access to professional development, technical
assistance, and guidance for teachers,
paraprofessionals, and administrators related to
transition services, intellectual disability services,
behavior services, and autism services
- Extended School Year services - school-based
only
- Specialized materials/equipment
- Assistive technology services and/or devices
- Access to SPED department instructional software
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CHARTER FOR MUSEUM SCHOOL OF AVONDALE ESTATES
- Low incidence teachers/services (i.e., hearing
impaired, visually impaired, orthopedically
impaired, audiology)
Title III Title III provides supplemental services above and
beyond locally-funded services for charter schools with
an established ESOL program for English learners and
immigrant youth. The established ESOL program must
adhere to GADOE’s established guidelines for providing
ELs with effective English language instruction and
adhere to all state and federal guidelines.
The Charter School’s proportionate amount of Title III
funding will be provided through the following in-kind
services, as outlined in the DCSD Department Services
Guide:
- Effective, supplemental language instruction
educational programs (LIEPs) that demonstrate
success in increasing EL students’ English
proficiency and content achievement. [See
ESEA/ESSA § 3115(c)(1).]
- Effective professional development (PD) for
teachers, administrators, and other school
personnel. [See ESEA/ESSA § 3115(c)(2).]
- Parent, family and community engagement
activities that enhance or supplement the Title III,
Part A-funded language activities/programs.
[ESEA/ESSA § 3115(c)(3)
IN WITNESS WHEREOF, the parties state and affirm that they are duly authorized to bind the
respected entities designated below as of the day and year indicated.
_________________________________________ _________________
Chairperson, DeKalb County Board of Education (Date)
_________________________________________ _________________
Authorized Representative, AVONDALE (Date)
EDUCATION ASSOCIATION, INC.
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