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DISDTFA2012Contract

DISDTFA2012Contract

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Published by DallasObserver

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Published by: DallasObserver on Nov 22, 2011
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DISD DRAFT 11/11/11
Teach for America Contract 2012 Page 1
EDUCATIONAL PROFESSIONAL SERVICES AGREEMENT
This Agreement (“Agreement”), effective as of September 30, 2012, is entered intoby and between Teach For America, Inc. (“TFA”) a not-for-profit corporation incorporatedunder the laws of Connecticut and headquartered at 315 W. 36
th
Street, 6
th
Floor, New York,New York 10018 and Dallas Independent School District, (“District”) (each individually “aParty” and collectively “the Parties”), and sets forth certain terms, conditions and principlespursuant to which TFA agrees to provide educational professional s
 
ervices to the District.WHEREAS, TFA is a national leader in recruiting, selecting, training and providingongoing professional development to individuals committed to closing the achievement gapby serving as effective classroom teachers specifically equipped to enhance studentachievement in under-resourced school systems.WHEREAS, District seeks to recruit new teachers who are trained to lead students toacademic achievement and to equip such teachers with ongoing professional developmentand support to further develop and sustain their professional practice; andWHEREAS, District seeks access to a pipeline of qualified candidates to meet itshuman capital needs to fill leadership vacancies at various levels within the District andtherefore wishes to obtain from TFA certain educational services to meet its needs forteachers and future candidates for leadership opportunities, all on the terms, subject to theconditions and on the basis of the principles set forth in this Agreement;NOW THEREFORE, and for and in consideration of the agreement made and the payments tobe made by District, the parties agree as follows:
I. TEACHER CANDIDATE RECRUITMENT, SELECTION AND HIRING
District Responsibilities:A.
 
Hiring Commitment.i. TFA will use its reasonable best efforts to provide the number of teachercandidates for employment with District (“Teachers”) set forth in paragraph iibelow (the “Agreed Number”), but TFA cannot and does not guarantee itsability to provide the full Agreed Number of Teachers to District and thefailure of TFA to provide the full Agreed Number of Teachers for any academicyear shall not constitute a breach of this Agreement for any purposewhatsoever.
 
DISD DRAFT 11/11/11
Teach for America Contract 2012 Page 2
ii. District hereby agrees to hire every Teacher candidate made available by TFAwho meets District employment eligibility criteria, provided that District shallnot be obligated to hire more than the Agreed Number (as determinedpursuant to paragraph iii below) in a single academic year, provided furtherthat the parties may revisit the Agreed Number at any time during anacademic year and may amend the Agreed Number of Teachers to be hired ina particular year by mutual agreement in writing. Teachers hired under thisAgreement shall be issued a probationary one year employment contract andgoverned in accordance with Chapter 21 of the Texas Education Code.iii. The Agreed Number of Teachers for hire in a specific academic year shall bedetermined on the basis of two components: (i) the number of Teachers and(ii) the proposed distribution of grade level (e.g., K-6, 9-12, Pre-Kindergarten, etc.) and subject matter expertise (English, math, history/socialstudies, foreign language, Special Education or science) of each of theTeachers. District hereby agrees that it will hire Teachers across the full rangeof grade levels and subject matters offered by TFA. TFA will use reasonablebest efforts to provide Teacher candidates that match the Agreed Numbersubject to the limitations set forth in section I.A of this Agreement. TFA willuse its reasonable best efforts to supply and District will hire up to one-hundred (100) Teachers for each academic year under this Agreement. In theevent that TFA provides District with a number of Teachers that is lower fromthe Agreed Number set above, this number of Teachers (“Actual Number”)will replace the Agreed Number for purposes of determining fees as set forthin section III.A.Specifically, the parties hereby agree to make reasonable best efforts toensure that the distribution of Teachers hired under this Agreement is asfollows for the 2012-2013 school year:Elementary/English Language ArtsSecondary English ______Secondary Math _______Sciences _______Social Studies _______
 
DISD DRAFT 11/11/11
Teach for America Contract 2012 Page 3
Foreign Languages _______Special Education ________Bilingual _________ESL ________Elementary General EducationTFA and District will collaborate in the fall of each subsequent year of thisAgreement to develop a proposal for the percentage of the number of Teachers that will be hired in a specific grade level and/or subject matterexpertise (e.g. 10% Special Education, 35% K-6) in the upcoming academicyear.iv. TFA Teachers will be hired for vacancies across the full range of grades andsubject matters and not restricted or limited to so-called “critical” or “shortage” subjects or grade level vacancies.v. District and TFA will collaborate in good faith to identify individual schoolswithin District appropriate for Teachers. In order to be considered anappropriate school (a “Partner School”) for placement of a Teacher, (i) theschool’s student population must be considered high poverty in that fiftypercent or more of the students at the school are receiving free or reducedlunch and (ii) the school must have sufficient vacancies to enable thehiring/placement of at least two Teachers in the same academic year.B.
 
Hiring Process.i.
 
District and TFA will collaborate in good faith to facilitate the efficient hiring of individual Teachers, in accordance with the District’s established hiringprocess.ii.
 
District shall use its reasonable best efforts to cause Teachers to be hired byDistrict in a timely manner throughout the spring and summer, provided thatthe Agreed Number of Teachers are hired no later than two (2) weeks prior tothe first day that all District teachers are required to report to their assignedschool for the start of the academic year.iii.
 
Subject to its obligations under employment contracts, applicable state andfederal law, and District policies, District will offer to the extent availableAlternative Assignments to any Teacher who is not assigned by the first dayof the academic school year. “Alternative Assignment” includes, but is not

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