Strategic Waiver School System Contract_DRAFT - May 29, 2024 - DCSD Board Meeting Archive

STRATEGIC WAIVER SCHOOL SYSTEM CONTRACT FOR
DEKALB COUNTY

This Strategic Waiver School System contract for DeKalb County(“Contract”) is
entered into by the DeKalb County Board of Education (“Local Board”) and the State
Board of Education (“State Board”) (collectively referred to as “the parties”).

WHEREAS, the DeKalb County local school system is currently a Strategic
Waivers School System (SWSS); and

WHEREAS, the Local Board has adopted a five-year strategic plan for improving
the performance of its schools; and

WHEREAS, the Local Board desires to continue operating as a SWSS.

NOW THEREFORE, in consideration of the promises, mutual agreements, and
covenants contained herein and other good and valuable consideration, the sufficiency
of which is hereby acknowledged, the Parties agree as follows:

1. Definitions. The terms below will be interpreted in accordance with the following
definitions, unless and until federal or state law, State Board of Education rules
or regulations, or the state accountability system, are amended otherwise.

a. Additional Targeted Support and Improvement (“ATSI”) school: A
school in which any subgroup of students, on its own, would identify
the school as a Comprehensive Support and Improvement school.

b. College and Career Academy (“CCA”): A specialized school
established as a charter school or pursuant to a contract for a strategic
waivers school system or charter system, which formalizes a
partnership that demonstrates a collaboration between business,
industry, and community stakeholders to advance work force
development between one or more local boards of education, a private
individual, a private organization, or a state or local public entity in
cooperation with one or more postsecondary institutions.

c. College and Career Ready Performance Index (“CCRPI”): A
comprehensive school improvement, accountability, and
communication platform for all educational stakeholders that will
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SWSS CONTRACT FOR DEKALB COUNTY

promote college and career readiness for all Georgia public school
students.
d. Comprehensive Support and Improvement (“CSI”) school: A
school within the lowest performing five percent of Title 1 schools.

e. Georgia Department of Education (“Department”): The state
agency charged with the fiscal and administrative management of
certain aspects of K – 12 public education, including the
implementation of federal and state mandates. Such management is
subject to supervision and oversight by the State Board of Education.

f. Material term: An important or substantial aspect in this Contract. A
change to a material term may alter the rights, obligations, interests, or
relations of the Parties.

g. Non-performing school: A public school that is part of a Strategic
Waiver School System and is identified as not meeting one or more of
goals (a) through (e) of Section 7 of this Contract.

h. State Board of Education (“SBOE” or “State Board”): The
constitutional authority that defines education policy for public K – 12
education agencies in Georgia.

i. Strategic Waivers School System (“SWSS”): A local school system
that elects to request increased flexibility pursuant to O.C.G.A §§ 20-2-
80 through 20-2-84.6.

j. Targeted Support and Improvement (“TSI”) school: A school within
the lowest performing five percent of schools with one or more
consistently underperforming student groups.

2. Contract Term. The State Board grants this Contract to the Local Board to
operate a SWSS for a 6-year term beginning on July 1, 2024 and expiring on
June 30, 2030.

3. Responsibility. The Local Board shall ultimately be responsible for all duties to
be performed by the SWSS and the schools within the SWSS under this Contract.

a. In addition to any local charter schools within the local school system, the
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SWSS CONTRACT FOR DEKALB COUNTY

following schools are not part of the SWSS Contract:
Early Learning Center
Flex Academy
Intensive English Program
DeKalb High School of Technology-South
Fernbank Science Center
Destiny Academy of Excellence Program
Margaret Harris Comprehensive School
Gateway to College Academy
Destiny Academy of Excellence Charter School
UHS of Laurel Heights
DeKalb Online Academy
Tapestry Public Charter School
Open Campus Replacement High School
Middle School B
Avondale Middle School
Dekalb-Rockdale Program
Shadow Rock Special Education Center
DeKalb/Rockdale PsychoEducation Center
Medlock Elementary School
International Student Center
Heritage Educational Center
Knollwood Elementary School
DeKalb Agriculture Technology and Environment School
DeKalb High School of Technology-South
High School B
Warren Technical School
DeKalb Alternative Night School
Stone Mountain Charter School Inc.
Warren Technical School
Terry Mill Elementary School
International Community Second Campus School
Clifton Elementary School
Forrest Hills Elementary School
Dekalb International Student Center
Midway Elementary School
Tilson Elementary School
Leslie J. Steele Elementary School
Sky Haven Elementary School
Academy of Lithonia Charter School

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SWSS CONTRACT FOR DEKALB COUNTY

KIPP: PATH Academy
DeKalb PATH Academy Charter School
International Community School
DeKalb Alternative Night School
KIPP: PATH Academy Elementary School
Destiny Achievers Academy of Excellence
International Student Center
Globe Academy II
DeKalb On-Line Academy
View Point Health Community Service Board Program
Coralwood Education Center
DeKalb High School of Technology-North Campus
East DeKalb Special Education Center
Elementary School D
International Community Charter
Leadership Preparatory Academy

Museum School Avondale Estates
High School A
GLOBE Academy Charter School I
DeKalb Transition School
Margaret Harris High School
Glen Haven Elementary School
Old Peachcrest Elementary School
Nancy Creek Elementary School
Meadowview Elementary School
International Community School Second Campus
Avondale High School
Open Campus High School
DeKalb Life Skills Academy
Dekalb Academy of Technology and the Environment
Middle School A
Middle School A
Eagle Woods Academy
Atherton Elementary School
DeKalb Truancy School
Girls & Boys Town of Georgia
DeKalb Preparatory Academy Charter

4. College and Career Academies. Any CCA opened by or any existing CCA

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SWSS CONTRACT FOR DEKALB COUNTY

included in the SWSS must meet the definition of a College and Career Academy
as defined in O.C.G.A § 20-4-37(b)(5). The SWSS must notify the Department
and the Technical College System of Georgia of the opening, and the CCA must
meet the following requirements:

a. If an existing CCA is included in the SWSS, then the current CCA’s
governing board would continue as the governing board of the CCA, using
its current by-laws for operation and procedures for electing members.

b. Provide a Roles and Responsibilities Chart between the CCA governing
board, the SWSS, and the CCA’s higher education and business partners
that includes the following:
• Information on the CCA’s decision making authority in decisions
relating to personnel, finance, curriculum and instruction, school
improvement goals, and school operations;
• Information on how the CCA will be funded by the local school system
and other strategic partners; and
• Information on the services and supports to be provided to the CCA by
the local school system.

c. The following CCAs are included in this Contract:

5. Flexibility Allowed by Law. In exchange for the SWSS’s agreement to meet or
exceed the goals and measurable objectives set forth in Section 7 of this
Contract, to adhere to the interventions set forth in Section 8 of this Contract, and
to be subject to the sanctions set forth in Section 9 of this Contract, the State
Board grants the SWSS flexibility from the specifically identified state laws, rules,
and regulations outlined in Appendix A (Flexibility Component of Contract), which
is incorporated in and attached to this Contract. Pursuant to O.C.G.A. § 20-2-84,
the overarching goal of each waiver request is to improve student performance.
Notwithstanding this flexibility, the SWSS and each of its SWSS schools shall
comply with the terms of this Contract.

6. Accreditation. The SWSS’s accreditation shall be maintained for the duration of
the Contract term.

7. Accountability. The SWSS shall comply with meeting the accountability
component of the Contract. The 2022-2023 school year will serve as the baseline

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SWSS CONTRACT FOR DEKALB COUNTY

year for accountability data.
a. Goal 1a: By June 30, 2026, the SWSS shall decrease the number of
schools identified as CSI schools on the 2023-2024 CSI list released by the
Department.

b. Goal 1b: By June 30, 2030, the SWSS shall decrease the number of
schools identified as CSI schools on the 2026-2027 CSI list released by the
Department.

c. Goal 2a: By June 30, 2026, the SWSS shall decrease the number of
schools identified as ATSI schools on the 2023 -2024 ATSI list released by
the Department.

d. Goal 2b: By June 30, 2030, the SWSS shall decrease the number of
schools identified as ATSI schools on the 2026-2027 ATSI list released by
the Department.

e. Goal 3: Each SWSS school that is in compliance with meeting Goals 1 – 2
of this section for the 2022-2023 baseline year shall maintain its current
level of performance.

f. Goal 4: Pursuant to O.C.G.A. § 20-2-67, the SWSS shall operate in a
fiscally sound manner as measured by not being designated a financial
high-risk system as determined by the Department of Audits and Accounts
(“DOAA”) and the Department.

8. Interventions. Pursuant to O.C.G.A. § 20-2-84, the Department shall impose
one or more interventions for SWSS schools that have not made progress
towards meeting the goals contained in Section 7 of this Contract. Interventions
include the following:

a. Implementation of the intensive school plan developed pursuant to
O.C.G.A. § 20-14-46; or

b. Submission to DOAA the Department, or both for approval of a written
corrective action plan; implementation of the approved corrective action
plan; and participation in annual trainings offered or required by DOAA, the
Department, or both to address the financial risk, pursuant to O.C.G.A. § 20-
2-67; or

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SWSS CONTRACT FOR DEKALB COUNTY

c. Any other interventions or requirements deemed appropriate by the
Department and the State School Superintendent.

9. Sanctions. Pursuant to O.C.G.A. § 20-2-84, by the end of this Contract’s term,
if a SWSS has not met the goals outlined in Section 7 of this Contract, the State
Board may impose sanctions on the non-performing schools. Sanctions include
one or more of the following:

a. Removal of school personnel, which may include the principal and personnel
whose performance has been determined to be insufficient to produce student
achievement gains; or

b. Complete restructuring of the school’s governance arrangement and internal
organization; or

c. Loss of, or modification of, any requested flexibility from state statutes or
associated rules outlined in Appendix A of this Contract, as recommended by
the State School Superintendent.

10. Annual Monitoring. The Local Board shall work cooperatively with the
Department in annually monitoring the goals outlined in Section 7 of this Contract.
Monitoring will include evaluating each school’s progress toward meeting its
accountability goals.

11. Annual Report. The SWSS shall submit an annual report to the Department
according to the Department’s guidelines and templates. The annual report may
include, but is not limited to, an indication of the SWSS’s progress towards the
goals outlined in Section 7 of this Contract and the implementation and impact of
the identified waivers outlined in Appendix A of this Contract.

12. Demographic and Performance Data. The SWSS attests to the accuracy of the
demographic and performance data for each of its schools as recorded in the
annual CCRPI report. If the SWSS identifies a discrepancy in the demographic
and performance data contained in the CCRPI report, the SWSS must notify the
Department within thirty (30) days of identifying the discrepancy.

13. Compliance with Other Laws, Rules, and Regulations. The SWSS and each
of its SWSS schools shall operate in accordance with the United States

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SWSS CONTRACT FOR DEKALB COUNTY

Constitution, the Constitution of the State of Georgia, and all applicable federal,
state, and local laws that may not be waived pursuant to O.C.G.A. § 20-2-82(e),
including the following, which are listed by way of example and not by way of
limitation.

a. Civil Rights, Insurance, Health and Safety and Conflicting Interests. The
SWSS shall operate in accordance with all applicable federal, state, and local
rules, regulations, court orders, and statutes relating to civil rights; insurance;
the protection of the physical health and safety of students, employees, and
visitors; conflicting interest transactions; and the prevention of unlawful
conduct.

b. Asbestos Remediation. The SWSS shall comply with the terms of any
applicable asbestos remediation plan.

c. Unlawful Conduct. The SWSS shall be subject to all laws relating to unlawful
conduct in or near a public school.

d. Student Conduct and Discipline. The SWSS shall maintain and implement
a written policy regarding student discipline policy shall be consistent with
due process.

e. State Board Rules. The SWSS comply with all State Board Rules
promulgated in accordance with O.C.G.A. § 20-2-240 during the term herein
that are not subject to any waiver granted in Section 5 of this Contract.

f. Prohibition on Discrimination. The SWSS shall not discriminate against
students on the basis of any characteristic protected by local, state, or federal
law.

g. Reporting Requirements. The SWSS shall be subject to all reporting
requirements of O.C.G.A. §§ 20-2-160, 20-2-161(e), 20-2- 320 and 20-2-740.

h. Tuition. The SWSS shall not charge tuition or fees to its students except
as may be authorized for local boards pursuant to O.C.G.A. § 20-2-133.

i. Brief Period of Quiet Reflection. The SWSS shall comply with O.C.G.A. §

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SWSS CONTRACT FOR DEKALB COUNTY

20-2-1050, which requires a brief period of quiet reflection.

j. Individual Graduation Plans. The SWSS shall comply with O.C.G.A. § 20-
2-327 regarding Individual Graduation Plans.

k. Family Educational Rights and Privacy Act. The SWSS is subject to all
provisions of the federal Family Educational Rights and Privacy Act, 20
U.S.C. § 1232g.

l. Health Insurance Portability and Accountability Act. The SWSS is
subject to all provisions of the federal Health Insurance Portability and
Accountability Act of 1996, Pub. L. No. 104-191, § 264, 110 Stat. 1936.

m. QBE Formula Earnings. The SWSS acknowledges that criteria used to
calculate Quality Basic Education (“QBE”) funding cannot be waived.

n. Funding. The SWSS acknowledges that, although becoming a strategic
waiver system provides a local school system with some flexibility, waivers
cannot be used to generate additional funding.

o. Early Intervention Programs. The SWSS shall comply with O.C.G.A. § 20-
2-153 related to early intervention programs.

p. Divisive Concepts. The SWSS shall comply with O.C.G.A. § 20-1-11 related
to divisive concepts.

Failure to operate in accordance with the provisions of this Section may result in
loss of flexibility for the SWSS.

14. Contract Extension
a. Automatic Extension. This Contract may be automatically extended upon
the expiration of the Contract term if the SWSS or SWSS schools meet the
goals outlined in Section 7 of this Contract by the end of the Contract term
and adheres to all requirements of Section 13 of this Contract. If these
conditions are met and the Local Board wishes to continue as a SWSS, it
must complete the Department’s requirements for an automatic extension.

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b. Extension to Meet Performance Goals. During the final year of the
Contract term, the Local Board may request to extend the Contract term by
three years to provide additional time to meet the goals outlined in Section
7 of this Contract. If the extension is granted and the SWSS meets its goals
outlined in Section 7 of this Contract during the extension period, then the
three-year extension will count as the first three years of the next SWSS
contract term, if granted. No more than two three-year extensions will be
granted. If the Local Board wishes to extend the Contract term by three
years, it shall seek an amendment to the Contract in accordance with
Section 15 of this Contract.

15. Amendments. Any material term of this Contract, as determined by the
Department, must be amended in writing upon the approval of the Local Board
and the State Board. If the Local Board wishes to amend this Contract, it must
complete the Department’s amendment requirements.

a. For amendment requests that originate with the State Board, the
Department shall provide the Local Board with sixty (60) days’ written notice
prior to amending the Contract. The notice shall include a copy of the
proposed changes. If the proposed changes to the Contract are not
material, as determined by the Department, then the Department does not
have to send a copy of the proposed changes to the Local Board prior to
amending the Contract.

16. Probation. The State Board may place the SWSS on probation upon ninety (90)
days written notice to the Local Board for reasonable cause. Reasonable cause
includes the following:

a. The SWSS’s failure to adhere to any material term of this Contract, including
the accountability requirements outlined in Section 7 herein;

b. The SWSS’s failure to meet generally accepted standards of fiscal
management; or

c. The SWSS’s violation of applicable federal, state, or local laws, rules,
regulations, or court orders; or

d. The existence of conditions that place the health, safety, or welfare of
students or staff of the SWSS in danger.

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17. Termination. The State Board may terminate this Contract for reasonable cause
upon ninety (90) days written notice to the Local Board for reasonable cause.
Reasonable cause includes the following:

a. The SWSS’s failure to adhere to any material term of this Contract, including
the accountability requirements outlined in Section 7 herein;

b. The SWSS’s failure to meet generally accepted standards of fiscal
management; or

c. The SWSS’s violation of applicable federal, state, or local laws or court
orders; or

d. The existence of conditions that place the health, safety, or welfare of
students or staff of the SWSS in danger.

18. Temporary Extension. At the discretion of the Department and the Local Board,
the Contract term may be extended for a grace period not exceeding sixty (60)
days. The request for a temporary extension must be in writing and will be
attached to this Contract.

19. Non-Agency. The Parties expressly acknowledge and agree that the SWSS is
not acting as the agent of the State Board or the Department, except as required
by law or this Contract. The SWSS acknowledges that it is without authority to,
and will not, extend the faith and credit of the State Board or the Department to
any third party.

20. Delegation. The Parties agree and acknowledge that the functions and powers
of each party may be exercised only by each party and may not be delegated to
a third party without written agreement by the Parties.

21. Application of Amended Law. This Contract is subject to applicable federal and
state laws, rules, regulations, and state accountability requirements. Any
amendments to laws, rules, regulations, or state accountability requirements cited
herein will result in the correlative and immediate modification of this Contract
without the necessity for executing a written amendment.

22. Headings. Section headings are for convenient reference only and are not part
of the Contract. Section headings do not enlarge or limit any Section’s contents.

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23. Non-Waiver. No waiver of any breach of this Contract shall be held as a waiver
of any other or subsequent breach.

24. Severability. If any provision of the Contract is determined to be unenforceable
or invalid for any reason, the remainder of the Contract shall remain in full force
and effect.

25. Contradicting or Conflicting Provisions. If any provision of the Contract is
determined to contradict or conflict with any other provision of the Contract, the
contradiction or conflict shall be resolved in favor of the flexibility granted pursuant
to O.C.G.A. § 20-2-82.

26. Governing Law and Venue. This Contract shall be governed by, subject to, and
construed under the laws of the State of Georgia. Any action brought against the
State Board shall be brought in the Superior Court of Fulton County.

27. Counterparts. The Parties agree that this Contract may be executed in one or
more counterparts which, when taken together, shall constitute one
agreement. The Parties further acknowledge and agree that electronic
signatures, as well as faxed or scanned and emailed counterpart signature copies
of this Contract, shall be as effective and binding as original signatures.

28. Entire Agreement. This Contract sets forth the entire agreement between the
Local Board and the State Board with respect to the subject matter of this
Contract. All prior contracts, representations, statements, negotiations,
understandings, and undertakings between the Local Board and the State Board
are superseded by this Contract.

_______________________________________ ______________
Chairperson, STATE BOARD OF EDUCATION (Date)

_______________________________________ ______________
Chairperson, Diijon DaCosta, Sr. BOARD OF EDUCATION (Date)

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_______________________________________ ______________

Superintendent, Devon Horton (Date)

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Agenda Item