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ARISE High School - Granicus

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A Written Response ("Written Response") shall be tendered to the other party within<br />

twenty (20) business days from the date of receipt of the Written Notification. The<br />

parties agree to schedule a conference to discuss and resolve the controversy, claim,<br />

or dispute at issue ("Issue Conference"). The Issue Conference shall take place within<br />

fifteen (15) business days from the date the Written Response is received by the other<br />

party. The Written Response may be tendered by personal delivery, facsimile, or by<br />

certified mail. The Written Response shall be deemed received (a) if personally<br />

delivered, upon date of delivery to the address of the person to receive such notice if<br />

delivered by 5:00 p.m., or otherwise on the business day following personal delivery;<br />

(b) if by facsimile, upon electronic confirmation of receipt; or (c) if by mail, two (2)<br />

business days after deposit in the U.S. Mail.<br />

Should <strong>ARISE</strong> <strong>High</strong> <strong>School</strong> and the District be unable to resolve a dispute, then, by<br />

mutual agreement, both parties may request that the matter be resolved by mediation.<br />

Each party shall bear its own costs and expenses associated with the mediation. The<br />

mediator's fees and the administrative fees of the mediation shall be shared equally<br />

among the parties. Mediation proceedings shall commence within 120 days from the<br />

date of the Issue Conference. The parties shall mutually agree upon the selection of a<br />

mediator to resolve the controversy or claim at dispute. The mediator may be selected<br />

from the approved list of mediators prepared by the American Arbitration Association.<br />

Mediation proceedings must be administered in accordance with the mediation rules<br />

or guidelines of the American Arbitration Association.<br />

If mediation of disputes between <strong>ARISE</strong> and OUSD is not successful, then the parties<br />

may agree to settle the controversy, claim, or dispute by arbitration, conducted by a<br />

single arbitrator in accordance with the rules or guidelines of the American Arbitration<br />

Association. The arbitrator must be an active member of the California State Bar or a<br />

retired judge of the state or federal judiciary of California. Each party shall bear its<br />

own costs and expenses associated with the arbitration. The arbitrator's fees and the<br />

administrative fees of the arbitration shall be shared equally among the parties.<br />

The District agrees to give the charter school reasonable opportunity to cure any<br />

deficiencies in its performance before the conclusion of the revocation proceedings<br />

unless the violation presents an imminent threat to the health or safety of the students.<br />

Immediate Revocation. If the District concludes that a violation of the charter<br />

constitutes a severe and imminent threat to the health and safety of the pupils, a<br />

written determination of the severe and imminent threat will be personally served on<br />

the administrator in charge of the charter school and followed by certified mail. When<br />

there is a written determination that a violation constitutes a severe and imminent<br />

threat to the health of safety of pupils, the charter may be suspended immediately,<br />

pending an investigation and the result of the revocation process.<br />

Internal Disputes<br />

38<br />

<strong>ARISE</strong> <strong>High</strong> <strong>School</strong><br />

Charter Petition Submitted to the Oakland Unified <strong>School</strong> District<br />

July 18, 2006

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