(06€ Contract No. 4171022 Board of Eduction Action Met No. 23, “Approved January 27, 2022 AGREEMENT FOR SUPPORT OF THE HENRY C. LEA SCHOOL THIS AGREEMENT (the "Agreement ‘made as ofthe 9 day of February 2022, by and among THE SCHOOL DISTRICT OF PHILADELPHIA ("School District") having an office at 440 North Broad Steet, Philadelphia, PA 19130; the PHILADELPHIA FEDERATION OF TEACHERS (“PFI”) having an address at 1816 Chestnut Street, Philadelphia, PA 19103; ané THE TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA ("Penn’) having an address at 1 College Hall, Room 100, Philadelphia, PA 19104, BACKGROUND WHEREAS, to further support the provision of the highest quality educational ‘opportunities for West Philsdelphia children, Penn, the School District, and the PFT wish to collaboratively support the Henry C. Lea § hool (“Lea School”) located at 4700 Locust Street, Philadelphia, PA 19139; and, WHEREAS, the parties have determined that to achieve the mission of providing an Insructional program of superior quality and state ofthe art teacher professional development opportunities in an urban schoo! district, the Lea School should continue to operat in a manner that will maximize student achievement; enhance appreciation for racial, ethnic, economic and other forms of diversity, equity and inclusion among students,teachers and stall; provides vigorous clinical setting forthe professional growth and development of pre-service and in-service teachers and develop; test and refine effective instructional and curricular programs and practices through applied research; and undertake research that will facilitate the opportunity to replicate and scale this educational model developed by Penn and the School District; and, WHEREAS, thepanies recognize and understand that accomplishing this mission requires innovation and flexility in school operations in order to implementa student- centered project at the Lea Schoo! to farther improve instruction, improve school culture, and provide additional staffing and ther support. NOW, THEREFORE, for good and valuable consideration, the reesipt and sufficiency of which arehereby acknowledged, the partes hereto, intending tobe legally bound hereby, mutually agree as follows: 1, OPERATION IN ACCORDANCE WITH PUBLIC SCHOOL CODE. AND APP! LAW, ‘The Lea Schoo! willcontinue as a kindergarten through Sth grade public school ‘managed and operated by the School District and serve as a neighborhood school with a catchment area designated by the School District. The operations of the Lea School will at, all times be in accordance with the Pennsylvania Public School Code ("Code") and other applicable laws. The provisions below are writen to conform to the Code on the effective date of this Agreement; inthe event of future changes in the Code that bear on terms of this Agreement, the parties agree to reconsider those terms in good faith, consistent with the purpose of maximizing innovation and flexibility inthe operations of the Lea School2. PRINCIPAL SELECTION. 2.1 Inthe event ofa vacancy in the Principal position atthe Lea School, Penn shall have the opportunity to participate ina search for the Principal, including ‘but not limited toa role in shaping the recruitment process, the screening of candidates, and the recommendation fa candidate to serve as the new Principal 2.2 The Principal shall be an employee of the School District and shall, hhave no employment relaionship with Penn. During the term of this Agreement, Penn will have the opportunity 1o provide the School District with informati regarding the Principal’s performance related to meeting the goals of the educational model developed for the Lea School by Penn and the School trict. 3. BUDGETING 3.1 Primary opezting support for the Lea School shall be provided by the School District in a manner that gives the Principal maximum flexibility in the utilization of resources, including, among other things, the ability to use funds to provide additional compensation to teachers and sta for a longer workday or work year. To assure that auditional operating fands supplied by Penn are supplemental to, and do not substitute or supplant, federal, state, local, Schoo! District, or third-party support including grants and ‘oundation suppor, oF other funds otherwise available tothe neighborhood school, the budgetary allocation received fiom the School District shall be ealelated to ensure thatthe Lea School receives at leas the same amount of funding as would otherwise be available tosimilar schools having similar enrollment, demographics, andorspecial programs. 3.2. Onor before September 1, commencing with the 2022-2023 school year, for a ‘al of five (5) schoo! years, enn shall provide an annual contribution of Fight Hundred Sixteen ‘Thousand Five Hundred Dollars ($816,500) in the form of funds and in-kind contributions to the School District to support the Lea School (the "Operating Contribution”). The provision ofthe annual Operating Contributions after September 1, 2023, shall be conditioned on the receipt by Penn on or before the prevecing June 30 (commencing with June 30, 2023), a report on the ‘progress male towards milestones established jointly bythe Schoo! Distict and Penn, The School District will provide Penn with an invoice each year on or before July 31%, beginning on July 31,2022. Penn will precess payment on or before September I (beginning on September 1, 2022). Upon request, by March I* of successive years during the term ofthe Agreement, Penn will endeavor to provide a good faith estimate ofthe funds tobe remitted after anti ipated in- kind expenses have been decucted from the Operating Contribution. ‘The expenditure ofthe (Operating Contribution shall be subject to Pena's approval, and the School District must document expenditures annually to Penn’s satisfaction. Inthe event thatthe Lea School shall cease to be operated by the School District, Penn shall have no further obligation to provide the (Operating Contribution for te Lea School tothe School District or any suecessor organization, The Operating Contribution shall be conditioned upon no material adverse change in Penn's and/or its Graduate School of Education’s (“GSE”) operating budget which for Purpose shall include any decrease of 10% or more in dret operating revenues. IF during the tem of this Agreement Penn fils o provide the annual Operating Conibution, suc filure shall excuse performance by the School District under this Agreement 3.3 Penn shall have the right to apply for and receive extemal third-party grant funds{or the benefit of the Lea School. GSE shall apprise the School Distret’s Grants Department prior to applying for extemal third-party grant funds solely forthe benefit of the Lea School ‘The expenditure of any such grant funds shall be administered by Penn and subject to grantor restrictions and requirements, The results of such third-party funded research will be made availabe to the School District. 3.4 Ifappropriate progress is not being made towards mutually agreed upon milestones and benchmarks 2 blished by the parties o this Agreement, as determined by Penn ints sole discretion, Penn ray suspend, terminate, o modify this Agreement—including but not limited to modification ofthe Operating Contribution —again in its sole discretion, upon ane~ year written notice tothe School District. 3.5 The Schoo! Listrit shall fully fund an Assistant Principal position and a full-time ‘equivalent Special Education Compliance Manager for the Lea School 4. CURRICULUM 4.1 The curriculum utilized in the Lea School shall fulfill or exceed the Schoo! Distrit’s curriculum standards. 4.2. The Principal and full school teaching staff shall select specific curricula with assistance from GSE with rotification to and approval by the Assistant Superintendent for [Neto I who will he respancihle fo sevnring the appro ofthe School Districts Chief af Schools. Such curricula wi be based on a thorough review of successful research-based programs. 43. The School Distrit's promotion and graduation requirements shall bemet,5. PROGRESS REPORTS 5.1 The Lea Schoo! shall provide Penn’s President and Dean of GSE with an annual report on progress towards milestones and benchmarks no late than June 308 of ‘cach year, beginning on June 30, 2025, oF more frequently upon request. 52 Teachers may have the opportunity o assume additional responsibilities and to ‘participate in and lead profesional development sctivites separate and apart om ther regular ‘assignments for which they may be compensated. These may include workshops, mentoring, and ‘uriculum development as cetermined by the professional development plan created jointly by the Principal and each teacher 53. Allteachers hired atthe Lea School subsequent to the execution ofthis Agreement willbe advised of scheduling requirements and other working conditions asocited ‘with the Lea School asset fat in tis Agrocment, Each individual teacher candidate shall specitially acknowledge, and agree to satis, as part ofthe application process for a position at the Lea School, the special terms and working conditions associated with the Lea Schools set orth in this Agreement. 6 STAFFING PATTERNS AND ORGANIZATION (641 ‘The primary principle for classroom organization ofthe Lea Schoo! shall be 10 ‘maintain class sizes consistent with those recommended inthe School District's current collective bargaining agreement withthe PFT that is in effect atthe time this Agreement is signed. ‘Those recommendations are curently no more than 24 students in any K-3 classroom, and no more than 25 students in any 4-8 elassroom.7. Norices Any notice given pursuant to this Agreement shal be valid only if given in writing and shall be deemed sulicent if given by registered or certified mail with suficient postage attached, by overnight delivery serviee, or by hand delivery [Notices to the School District shall be sufficient if addressed to, or delivered to: ‘The School District of Philadelphia Office of the Superintendent 440 North Broad Street Suite 301 Philadelphia, PA 19130 ‘Attention: Chiefof Stal? Email: superintendent@philasd.ore With a copy to: ‘The School District of Philadelphia Office of the General Counsel 440 North Broad Street Suite 313 Philadelphia, PA 19130 Attention: General Counsel Email: Irauch@philasd.org; egutman(@philasd.org ‘Notices to Penn shall be sufficient if addressed to, or delivered as follows: Senior Vice President and Chief of Staft University of Pennsylvania | College Hall, Koom 100 Philadelphia, PA 19104 Email: president @upenn.eduWith a copy to: Senior Vive President and General Counsel Office ofthe General Counsel 2929 Walnut Stee, Suite 400 Philadelphia, PA 15104 Email: oge@pennmessinesnsnn.shy ‘Notices tothe PFI shall be sufficient if addressed to, or delivered as follows: Jeny T. Jordan President Philadelphia Federation of Teachers 1816 Chestnut Street Philadelphia, PA 19103 Emil: jordan@pftore ‘The date of delivery of any notice provided for inthis Agreement shall be the date of deposit in the U.S. mails with sufficient postage if given by registered or certified mail and ‘Whether or nota return reccipt is retumed, the date of deposit to the overnight delivery service, ifs0 given, or the date of actual delivery to the above address of the party to be notified if hand delivered, A courtesy copy of any notice may be sent tothe email addresses listed above, but such emails shall not constitute notice. The person, place, and email address, {fo which notice must be given may be changed from time to time upon writen notice to the other, and those changes become effective five days after delivery of such notice 9. GOVERNING LAW, ‘This Agreement shall be governed by and construed in accordance withthe laws of the Commonwealth of Pennsylvania10, AUTHORITY/ NO CONFLICT ach of the parties hercto represents and warrants tothe other partie hereto that has the full power and authority to enter into this Agreement and to comply with its respective obligations hereunder and tat the execution ofthis Agreement will ot conflict with or result ina brosch of eny provisioas of any applicable lem, jedgment, onder wt, injunction, decree, rule oF decision of any cour or administrative agency or other governmental authority oF any agreement or instrument to which such partyis bound. [Signature Page Follows]IN WITNESS WHEREOF, the parties hereto each intending to be legally bound by this Approved As to For: ‘Attomey, The School Philadelphia ing have caused this agreement to be executed the day and year first above written. THE SCHOOL DISTRICT OF PHILADELPHIA By: William R. Hite, Jr, EAD. Superintendent ‘TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA By: f gory S. Rost Senior Viee President and Chief of Saf? PHILADELPHIA FEDERATION OF racers Dy: