The Brighter Choice Foundation hereby provides a Learning Guarantee for students who attend the Brighter Choice Charter School. To be eligible for the privately funded Learning Guarantee, a student and their parents must meet the following conditions:

• A student must attend the Brighter Choice Charter Schools for three full school years prior to taking any state examination. In each of these three years, the student must maintain a 90 percent attendance rate.
• The student must complete New York State's 4th-grade examinations, as required, for English language arts, mathematics, and science while a student at the Brighter Choice Charter School.
• The student's parents or legal guardian must sign and return any monthly or periodic report cards, attend all requested meetings with the student's teachers and/or the head of school, and volunteer in an approved capacity recommended by the Brighter Choice Charter School.
• The parent must ensure that the student participates in any school-sponsored tutoring programs recommended by the Brighter Choice Charter School.

If a student qualified as noted above fails any of the 4th-grade state examinations in English language arts, mathematics, or science (for this purpose, as indicated by a score in Level 1 or Level 2 on any of these three examinations), and if the student's parents or guardian believes that this failure was the result of the education provided by the charter school, the Brighter Choice Foundation will provide, upon request, a privately funded scholarship of the lesser of full tuition or $2,000 annually for that student to complete their elementary education at another public or private school in the Capital District.