Common use of PERFORMANCE AND DELIVERY OF SERVICES Clause in Contracts

PERFORMANCE AND DELIVERY OF SERVICES. A. The District’s Board of Education shall delegate the power and authority to manage, operate, and administer the educational programs at MMHS to the MMHS Principal and Mira Mesa High School Governance Team, subject to applicable state and federal statutes and regulations with the understanding that the District’s governing board retains ultimate authority over the performance of those powers or duties so delegated. It shall be the decision of MMHS to determine the courses of study, scope and sequence, curriculum, instructional strategies, text selection, staffing configurations, professional development, and the methods to meet State graduation guidelines. MMHS shall use District computer software applications, processes and structures for reporting data relative to course enrollment and scheduling, attendance, State and/or District assessments as determined by school site. MMHS shall notify the District of any changes to performance or delivery of services. The MMHS principal shall report to the Area Superintendent, Deputy Superintendent of Academics, and Superintendent on non-academic matters related to safety and security. B. MMHS shall operate under the California Code of Education and meet all policies and requirements of the State. If MMHS policies and procedures vary from the policies and procedures of the District, MMHS shall notify the District. Should MMHS wish to be exempt from any policies and procedures of the District, MMHS would submit a request for waiver from the District’s Board of Education. C. The District shall be responsible for capital improvements and the maintenance of the school facilities. The District shall, by April 1 each year, provide MMHS with an annual capital improvement and maintenance program, listing the capital improvements and maintenance projects planned for the coming fiscal year at MMHS, as reflected in the District’s major repair and replacement program. MMHS shall provide the District with comments within 30 days of receipt of such program, regarding the proposed schedule, priorities and consistency of the planned projects with the educational needs of MMHS. In carrying out the program, the District agrees to use its best efforts to accommodate the educational and operational needs and requests of MMHS and shall ensure that MMHS will receive all fair shares of any district-wide capital improvements. D. This Agreement specifically excludes Proposition S and Associated Office of Public School Construction applications and funds. This Agreement does not supersede the Proposition S bond measure language and governance requirements described in the ballot measure as approved by the voters in the San Diego Unified School District.

PERFORMANCE AND DELIVERY OF SERVICES. A. The District’s Board of Education shall delegate the power and District recognizes that LJC schools desire greater authority to manage, operate, operate and administer the educational programs at MMHS in the LJ cluster and that, from time to the MMHS Principal and Mira Mesa High School Governance Teamtime, subject LJC schools may wish to applicable state and federal statutes and regulations with the understanding that the District’s governing board retains ultimate authority over the performance of those powers or duties so delegated. It shall be the decision of MMHS to determine alter the courses of study, scope and sequence, curriculum, instructional strategies, text selection, staffing configurations, professional development, assessment content and timeline, and the methods to meet State graduation guidelinesguidelines (collectively “educational programs”) for the LJC schools. MMHS To request a change to an educational program, LJC schools agree to the following process: 1. The LJC site administrator shall use District computer software applicationssubmit a written request to the Executive Director of Leadership and Learning. The request should provide a detailed explanation of the proposed change and the justification for the change. 2. Within ten (10) business days, processes and structures for reporting data relative to course enrollment and scheduling, attendance, State and/or District assessments as determined by school site. MMHS shall notify the District will notify LJC of any changes to performance its approval or delivery denial of servicesthe request. If the request is denied, the District will include an explanation for the denial. 3. The MMHS principal school site or cluster may then request a meeting with the district department that denied the request. The meeting shall report take place within ten (10) business days. 4. If an agreement or compromise is not reached within thirty (30) days, the site or cluster may present their case to the Area Superintendent, Deputy Superintendent of Academics, and Superintendent on non-academic matters related to safety and securityschool board for final approval or denial within fifteen (15) business days. B. MMHS The LJC schools shall operate under the California Code of Education and meet all policies and requirements of the State. If MMHS policies and procedures vary from the policies and procedures of the District, MMHS shall notify the District. Should MMHS wish to be exempt from any policies and procedures of the District, MMHS would submit a request for waiver from the District’s Board of Education. C. The District shall be responsible for capital improvements and the maintenance of the school facilities. The District shall, by April 1 each year, provide MMHS the LJC schools with an annual capital improvement and maintenance program, listing the capital improvements and maintenance projects planned for the coming fiscal year at MMHSthe LJC schools, as reflected in the District’s major repair and replacement program. MMHS The LJC schools shall provide the District with comments within 30 days of receipt of such program, regarding the proposed schedule, priorities and consistency of the planned projects with the educational needs of MMHSthe LJC schools. In carrying out the program, the District agrees to use its best efforts to accommodate the educational and operational needs and requests of MMHS and shall ensure that MMHS will receive all fair shares of any district-wide capital improvementsthe LJC schools. D. This Agreement specifically excludes Proposition Propositions S and Z and Associated Office of Public School Construction applications and funds. This Agreement does not supersede the Proposition S and Z bond measure measures language and governance requirements described in the ballot measure as approved by the voters in the San Diego Unified School District. E. LJC schools will have the ability to request modifications to beginning and ending bell times, modified days, and within district constraints and current collective bargaining agreements, their school calendar. F. LJC schools may create additional service models to pool resources within appropriate age/grade designations to effectively serve special education students within the existing IEP process. These service models shall conform to state and national guidelines. G. This agreement does not supersede and is subject to all applicable collective bargaining agreements between the District and its collective bargaining units, but provisions of those agreements may be waived from time to time by and through agreement between the District and the appropriate collective bargaining unit. Waivers may include the following: 1. The LJC schools will not be limited to the vacancies. Positions will be filled “from among all qualified applicants”, using a process similar to provisions delineated in Section 12.3 of the SDEA collective bargaining agreement. H. In conjunction with a District-wide initiative to provide choice enrollment for children of SDUSD employees, the District will initiate a pilot program at LJC schools permitting children of SDUSD employees of the LJC schools to attend a school in the LJC provided resident students are not displaced and the school is not otherwise at capacity. Students will receive permanent “choice” status once the employee has worked in the LJC for three consecutive years. The terms of the choice program are subject to change once the District-wide policy is adopted and implemented. The governing bodies of the various labor organizations can approve additional waivers. The LJC will provide the Superintendent or her/his designee any waiver received from any of the governing bodies of the various labor organizations within five (5) days of such waiver being granted for the Superintendent’s review and agreement.

PERFORMANCE AND DELIVERY OF SERVICES. A. The District’s Board of Education shall delegate the power and District recognizes that LJC schools desire greater authority to manage, operate, operate and administer the educational programs at MMHS in the LJ cluster and that, from time to the MMHS Principal and Mira Mesa High School Governance Teamtime, subject LJC schools may wish to applicable state and federal statutes and regulations with the understanding that the District’s governing board retains ultimate authority over the performance of those powers or duties so delegated. It shall be the decision of MMHS to determine alter the courses of study, scope and sequence, curriculum, instructional strategies, text selection, staffing configurations, professional development, assessment content and timeline, and the methods to meet State graduation guidelinesguidelines (collectively “educational programs”) for the LJC schools. MMHS To request a change to an educational program, LJC schools agree to the following process: Formatted: Font: Not Italic 1. The LJC site administrator shall use District computer software applicationssubmit a written request to the Executive Director of Leadership and Learning. The request should provide a detailed explanation of the proposed change and the justification for the change. 2. Within ten (10) business days, processes and structures for reporting data relative to course enrollment and scheduling, attendance, State and/or District assessments as determined by school site. MMHS shall notify the District will notify LJC of any changes to performance its approval or delivery denial of servicesthe request. If the request is denied, the District will include an explanation for the denial. 3. The MMHS principal school site or cluster may then request a meeting with the district department that denied the request. The meeting shall report take place within ten (10) business days. 4. If an agreement or compromise is not reached within thirty (30) days, the site or cluster may present their case to the Area Superintendent, Deputy Superintendent of Academics, and Superintendent on non-academic matters related to safety and securityschool board for final approval or denial within fifteen (15) business days. B. MMHS The LJC schools shall operate under the California Code of Education and meet all policies and requirements of the State. If MMHS policies and procedures vary from the policies and procedures of the District, MMHS shall notify the District. Should MMHS wish to be exempt from any policies and procedures of the District, MMHS would submit a request for waiver from the District’s Board of Education. C. The District shall be responsible for capital improvements and the maintenance of the school facilities. The District shall, by April 1 each year, provide MMHS the LJC schools with an annual capital improvement and maintenance program, listing the capital improvements and maintenance projects planned for the coming fiscal year at MMHSthe LJC schools, as reflected in the District’s major repair and replacement program. MMHS The LJC schools shall provide the District with comments within 30 days of receipt of such program, regarding the proposed schedule, priorities and consistency of the planned projects with the educational needs of MMHSthe LJC schools. In carrying out the program, the District agrees to use its best efforts to accommodate the educational and operational needs and requests of MMHS and shall ensure that MMHS will receive all fair shares of any district-wide capital improvementsthe LJC schools. D. This Agreement specifically excludes Proposition Propositions S and Z and Associated Office of Public School Construction applications and funds. This Agreement does not supersede the Proposition S and Z bond measure measures language and governance requirements described in the ballot measure as approved by the voters in the San Diego Unified School District. E. LJC schools will have the ability to request modifications to beginning and ending bell times, modified days, and within district constraints and current collective bargaining agreements, their school calendar. F. LJC schools may create additional service models to pool resources within appropriate age/grade designations to effectively serve special education students receiving special education services within the existing IEP process and in accordance with District protocols and prevailing Special Education Division models. These service models shall conform to District, state and national guidelines and mandates. G. This agreement does not supersede and is subject to all applicable collective bargaining agreements between the District and its collective bargaining units, but provisions of those agreements may be waived from time to time by and through agreement between the District and the appropriate collective bargaining unit. Waivers may include the following: Formatted: Font: Not Italic 1. The LJC schools will not be limited to the vacancies. Positions will be filled “from among all qualified applicants”, using a process similar to provisions delineated in Section 12.3 of the SDEA collective bargaining agreement. H. In conjunction with a District-wide initiative to provide choice enrollment for children of SDUSD employees, the District will initiate a pilot program at LJC schools permitting children of SDUSD employees of the LJC schools to attend a school in the LJC provided resident students are not displaced and the school is not otherwise at capacity. Students will receive permanent “choice” status once the employee has worked in the LJC for three consecutive years. The terms of the choice program are subject to change once the District-wide policy is adopted and implemented. The governing bodies of the various labor organizations can approve additional waivers. The LJC will provide the Superintendent or her/his designee any waiver received from any of the governing bodies of the various labor organizations within five (5) days of such waiver being granted for the Superintendent’s review and agreement.