Please Review the Teacher Certification Agreement Before Submitting Registration.

This agreement covers the terms and conditions of the teacher certification services program offered by the Charter Center (the “Agreement”). The registration period for these contracted services is from June 1, 2023 to March 8, 2023.  

Services provided in this contract are for the period between July 1, 2023 and June 30, 2024.

A.  Program Details

The School agrees to participate in the Charter Center’s certification services program.  The Charter Center provides in-depth technical assistance to schools and to teachers to ensure that charter schools understand how to comply with NYS teacher certification regulations.  Services include:

1. A secure, online worksheet that summarizes your teaching staff’s current certification status,

2. An analysis of each teachers’ certification status with recommendations for next steps;

3. Guidance for the HR team to help your school maintain or secure full compliance status;

4. Access to the Charter Center personal evaluation program for teachers who need to develop an individualized plan to obtain certification; 

5. Invitations to topical Professional Development (PD) sessions on certification subjects open only to participating schools, such as the new teacher certification exams, how charter school teachers obtain their Professional certificates, protocols for interstate candidates,

6. Day-to-day support for HR teams on all teacher certification issues.

In order to effectively provide this service, the Charter Center requires the School to provide personal information on each teacher and teaching assistants including first and last name and social security number among other information (“Personal Data”). Click here to see release forms. 

B. General Responsibilities of the School

Release and Payment Terms:

1. The School commits to securing written releases from each staff member whose certification status is to be researched by the Charter Center using the TEACH system.

a. Staff member releases must be obtained prior to the School’s submission of any personal data to the Charter Center.  The School shall obtain the prior approval of the Charter Center should the School use a release that is not the form approved by the Charter Center.  All signed releases must be maintained at the School; not sent to the Charter Center.  The School must certify that all staff members included in the worksheet have signed the release by submitting the approved confirmation form.   

b. The School is required to obtain this release of information from all teachers whose information is submitted to the Charter Center regardless of the date they commence employment, including teachers who are hired after the beginning of the year. 

2. The Charter Center shall not perform any of the services under this Agreement (See Sections A-I) until the School has paid the annual program fee (See Table 1 below).

3. The non-refundable fee for services (see Table 1 below) is based on the combined total of teachers, teaching assistants, school counselors, social workers, and school psychologists on the roster planned for the 2023-2024 school year.  

4. Schools must accurately state the total number of teaching staff members on the School roster planned for the 2023-2024 school year at the time of executing this agreement. All billing will be based on this number. If the number of teachers on roster at any point in the year increases, the Charter Center reserves the right to reconcile and bill the school accordingly. 

Table 1. 

2023–2024 Fee Schedule For Participating Schools

Schools with a total of 1-10 eligible titles for the 2023–24 School Year ($1,189.76)

Schools with a total of 11-20 eligible titles for the 2023–24 School Year ($2,055.04)

Schools with a total of 21-40 eligible titles for the 2023–24 School Year ($3,244.80)

Schools with a total of 41-60 eligible titles for the 2023–24 School Year ($5,083.52)

Schools with a total of 61-80 eligible titles for the 2023–24 School Year ($6,273.28)

Schools with a total of 81-100 eligible titles for the 2023–24 School Year ($7,787.52)

Schools with a total of 101-120 eligible titles for the 2023–24 School Year ($9,193.60)

Schools with a total of 121-140 eligible titles for the 2023–24 School Year ($10,707.84)

Schools with a total of 141-160 eligible titles for the 2023–24 School Year ($12,222.08)

Schools with a total of 161 or more eligible titles for the 2023–24 School Year ($13,520.00)

Eligible titles include teachers, teaching assistants, school counselors, school social workers, and school psychologists.

C.  Worksheet process:

1. The School agrees to complete its worksheet and execute the approved confirmation.

2. The School agrees to review the recommendations on completed worksheets with all staff to convey the information provided, including steps they should take.  The school agrees to notify the Charter Center as soon as possible of any changes in contact information for the School’s designated liaison to the teacher certification program.

3. The School acknowledges that the Charter Center will only process submitted worksheets that meet the following criteria:

a. Full payment of the annual certification program fee is received by the Charter Center prior to October 2, 2024;

b. The worksheet is fully completed on the Charter Center’s template and according to the guidelines;

c. The School has secured a written release from each staff member whose Personal Data may be used in connection with worksheets/workshops/emails and phone inquiries.  

Schools must use the approved Template Release of Personal Data by Charter School Personnel to secure this release for each staff member, and submit the confirmation, not the actual releases to the Charter Center.

4. The worksheet must be submitted within the 2 allowable periods indicated in Table 2 below. The effective submission date is the date that the worksheet is received and deemed by the Charter Center to meet the criteria stated in section 3, parts a through d.

Table 2.

Submission Period Dates

Period 1: October 10, 2023 – November 13, 2024

Period 2: March 4, 2024 – April 5, 2024

5. Only one worksheet can be processed during each worksheet submission period.  Schools should submit the most updated and completed worksheets possible. Once a completed worksheet is submitted and under review, additions or edited versions will not be considered.  The Charter Center is not required to review worksheets submitted outside the stated periods.

D. General Worksheet Responsibilities of the Charter Center

1. Once a completed worksheet has been submitted, the Charter Center will verify and analyze certification information on the TEACH system for all staff members listed.  

a. This includes recommendations for teachers who are uncertified or have a pending or expired certificate including next steps to achieve/maintain appropriate certification.

2. After the worksheet review is completed, the Charter Center will also include summary statistics regarding the School’s certification compliance.

3. The Charter Center shall return the reviewed worksheet to the School no later than 45 days after timely submission.

4. A teacher certification program team member will then be available for a follow up conference call to review the results and discuss a plan of action with the School.

5. The Charter Center shall take all reasonable steps to safeguard any Personal Data provided by the School. The Personal Data will only be accessed by authorized personnel who are trained in the Charter Center’s standard data handling procedures.

E. Personal Consultations for Teachers:

Responsibilities of the School

1. The School will provide information about the Charter Center’s Certification Program, and the link to register for Personal Consultations, to teachers, teaching assistants, school counselors, social workers, or school psychologists who are:

a. uncertified 

b. seeking NYS certification with credentials from other states

c. seeking the next title level or additional certification and/or 

d. seeking certificate extensions/annotations

Registration for Personal Consultations can be completed by eligible teachers at the link provided upon signing up.

2. Registration for Personal Consultations is open to people listed in any category under section E.1. above on a first-come, first-served, basis.  Preliminary evaluations or appointments can only be considered when all requested documentation has been received.

a. It is the participants’ responsibility to complete the registration and to provide necessary documentation as requested prior to any work on a consultation.

b. Although every effort will be made to do so, if appointments are no longer available it is not the responsibility of the Charter Center to accommodate those who could not find an appointment.

3. It is the School’s responsibility to maintain a copy of the evaluation from any teacher who completed an evaluation and to track each teacher’s certification progress following his/her evaluation.

4. The Charter Center reserves the right to decline appointments with teachers who have registered for two or more Personal Consultations and failed to attend or to cancel those sessions at least 48 hours in advance.

F.  Responsibilities of the Charter Center for Personal Consultations

1. During Personal Consultations, certification consultants will develop an evaluation and certification plan for participants.

2. Participants will be provided with an electronic copy of their evaluation and are advised to share it with their School leader/operations director/human resources director.

3. The Charter Center will send the School designee a copy of each evaluation and plan created for participants.

G.  Topical Professional Development (PD) Session Charter Center Responsibilities

1. The Charter Center will conduct at least 3 PD sessions, either in-person or via webinar, to participating Schools and their staff on certification subjects chosen by the Charter Center. 

2. Notice of these sessions will be sent to the School certification contact or designee.

H.  Warranties & Disclaimers

1. Disclaimer of Warranties:  No advice or information, whether written or oral, obtained by the School from the Charter Center, its officers, employees, agents or representatives shall create any warranty not expressly stated in the terms of this Agreement. The School acknowledges and agrees that the Charter Center is providing only the services contained herein and the School is not relying on the Charter Center to provide any advice or services (including any day-to-day managerial services involved in the certification process) that are not otherwise provided for in this Agreement. 

2. Indemnification by the Charter Center:  The Charter Center shall defend, indemnify and hold the School harmless against any loss, damage or costs (including reasonable attorneys' fees) awarded in connection with any claims, demands, suits, or proceedings ("Claims") made or brought against the School by a third party arising from a breach of this Agreement by the Charter Center, its employees  or agents resulting in the unauthorized disclosure of any Personal Data or any other information that has been designated by the School or the Charter Center as confidential.  The School shall: (a) promptly give written notice of any Claim to the Charter Center; (b) give the Charter Center sole control of the defense and settlement of the Claim (provided that the Charter Center may not settle or defend any Claim unless it unconditionally releases the School of all liability); and (c) provide to the Charter Center, at the Charter Center's cost, all reasonable assistance.

3. Indemnification by the School:  The School shall defend, indemnify and hold the Charter Center harmless: (i) against any loss, damage or liability incurred in connection with Claims made or brought against the Charter Center by a third party arising from a breach of this Agreement by the School, its employees or agents that resulted in the unauthorized disclosure of any Personal Data (including as a result of failing to obtain from any teacher a release as described in Paragraph B of this Agreement)  or any other information has been designated by the School or the Charter Center as confidential, (ii) against any loss, damage or costs (including reasonable attorneys' fees) incurred in connection with Claims made or brought against the Charter Center by a third party alleging any Personal Data or information provided by the School infringes the rights of, or has caused harm to a third party; or (ii) against any loss, damage or costs (including reasonable attorneys' fees) incurred in connection with a claim made by a third party arising from the School's, its employees’ or its agents’ use of the Service in breach of this Agreement. The Charter Center shall: (a) promptly give written notice of any Claim to the School; (b) give the School sole control of the defense and settlement of the Claim (provided that the School may not settle or defend any Claim unless it unconditionally releases the Charter Center of all liability); and (c) provide to the School, at the School's cost, all reasonable assistance.

4. Exclusion of Damages:  Except with respect to either party’s indemnification obligations as described above, breach of confidentiality or willful or grossly negligent misconduct, in no event shall either party have any liability to the other party for any lost profits or for any indirect, special, incidental, punitive, or consequential damages however caused and, whether in contract, tort or otherwise, arising out of, or in any way connected with this Agreement, including but not limited to the use or inability to use the service, any interruption, inaccuracy, error or omission, even if the party from which damages are being sought or such party’s licensors have been previously advised of the possibility of such damages. Neither party will be liable for losses or damages due to situations resulting from force majeure.

I. Miscellaneous 

1. Termination: This Agreement shall terminate on June 30, 2024 (the “Completion Date”). Prior to the Completion Date, any party may terminate this Agreement at will and without prior notice without any further obligations to the other party, provided, however, that the indemnification obligations under Paragraph H shall continue to survive termination of this Agreement.

2. Governing Law: This Agreement shall at all times be subject to, limited by and construed in accordance with the laws of the State of New York. No provision of this Agreement shall be applied or construed in a manner inconsistent with applicable federal and state laws and regulations.

3. No Third Party Beneficiaries: It is the explicit intent of the parties that no person or entity other than the parties is or shall be entitled to bring any action to enforce any provision of this Agreement against either of the parties. 

4. Entire Agreement: This Agreement, inclusive of all appendices, is the entire agreement between the parties with respect to the subject matter hereof. No amendments or modifications of the terms or the provisions of this Agreement shall be binding upon either party unless in writing and signed by both parties.

5. Assignment: Neither party may assign this Agreement without the prior written consent of the other party