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Copyright, Texas Charter Schools Association 2014
Training Texas Charter Boards for Compliance and High Performance
Charter School SummitJune 16-17, 2014
Copyright, Texas Charter Schools Association 2014
Classes of Charter SchoolsTexas Education Code, Chapter 12
• Subchapter A: General Provisions
• Subchapter B: Home-Rule School District Charter School board appoints 15-member charter commission if
petition from 5% registered voters or resolution by 2/3 board Commissioner and voter approval required
• Subchapter C: School District Campus Charters Conversion campus charter schools External campus charters Campus program charters
• Subchapter D: Open-Enrollment Charter Schools Approved by Commissioner unless vetoed by State Board of
Education Subject to statutory cap
• Subchapter E: College or University Charters (Public)
Copyright, Texas Charter Schools Association 2014
In 2013, there were 178,826 charter school students attending 552 charter school campuses operated by 202 charters.
Charter school enrollment growth has averaged 15% each year for the last 5 years.
Subchapter D. Charter Schools after the 83rd Legislature
Source: AEIS and TAPR data, TEA @ http://www.tea.state.tx.us/perfreport/
Copyright, Texas Charter Schools Association 2014
Where are Subchapter D Charter Schools?
Dallas 50,023Houston 43,631Rio Grande
Valley 15,400
San Antonio 14,169Austin 12,162Fort Worth 4,416El Paso 3,867
2013 Charter School Student Enrollment by
Geographic Region
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School Law Comparison Similarities
Open Enrollment Charter SchoolsAcademic Accountability
• State System• Federal NCLB
Financial Accountability – Charter FIRSTTeacher Retirement SystemImmunityOpen MeetingsOpen RecordsMandatory Board TrainingState Curriculum & GraduationPEIMS ReportingCriminal History Background ChecksConflicts of InterestNepotism
Traditional School DistrictsAcademic Accountability
• State System• Federal NCLB
Financial Accountability – School FIRSTTeacher Retirement SystemImmunityOpen MeetingsOpen RecordsMandatory Board TrainingState Curriculum & GraduationPEIMS ReportingCriminal History Background ChecksConflicts of InterestNepotism
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Open Enrollment Charter Schools
Statutory CapEmployment “At-Will”No Mandatory Salary ScaleExclusions for DisciplineNo authority to levy property taxesNot eligible for certain state funding opportunitiesServices Contracts pre-approved by TEATwo linesState and Federal Tax Exempt Status Compliance Some Properties Tax Exempt
Traditional School Districts
Approximately 1034 DistrictsEmployment ContractsMandatory State Salary ScaleSpecial Placements for DisciplineAuthority to levy property taxesEligible for more state funding opportunitiestwo linesServices Contracts Approved Solely by School BoardAll Properties Tax Exempt
School Law Comparison Differences
Not Required to hire SBEC Certified TeachersRequired to hire SBEC Certified Teachers
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Open Enrollment Charter Schools
AppointedMajority = “qualified voters”Term Defined in Corporate BylawsRemoval Defined in Bylaws No Compensation Policymaking
Oversees Management
Traditional School Districts
Elected All = “qualified voters”Term Defined in State Law (3 or 4 years)Removal Defined in State Law No Compensation Policymaking
Oversees Management
Board Membership & Roles:Similarities & Differences
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Charter Board Members:Fiduciary Duties
Duty of LoyaltyDuty of Care
Duty of ObedienceOn request of the Commissioner, the Attorney General
may bring suit against a member of the governmental body of an open enrollment charter school for breach of fiduciary duty, including misappropriation of funds. The AG may bring suit for damages, injunctive relief, and any other equitable
remedy.Tex. Educ. Code § 12.122
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Charter Board Members:Compensation
General Rule: A person who serves on the governing board of a charter holder may not receive compensation or remuneration:
• Salaries, bonuses, benefits, or other compensation pursuant to an employment relationship
• Reimbursement for personal expenses• Credit• Personal Use of Property• In-Kind Transfers of Property• All other forms of compensation or remuneration.
Exception: Satisfactory student performance for 2 out of last 3 years
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Charter Board Members:Criminal History Restrictions
A person may not serve on a charter school board if the person has been convicted of one of the following offenses:
Misdemeanor involving moral turpitudeAny felony
An offense listed in Tex. Educ. Code § 37.004(a)An offense listed in Code of Criminal Procedure, Article
62.01(5)
Copyright, Texas Charter Schools Association 2014Copyright, Texas Charter Schools Association 2013
Charter Board Members:Affiliation with Management Company
A person may not serve if the person has a substantial interest in a management company that has a contract with the charter holder or a charter school:
• Has controlling interest in the company• Own more than 10% of voting interest• Has a direct or indirect participating interests in
more than 10% of the profits, proceeds or capital gains
• Member of the board or other governmental body of the management company
• Serves as an elected officer of the company• Is an employee of the company
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Charter Board Members:Nepotism
Persons related to charter school board members (or superintendents with final hiring authority) within a prohibited degree may not be employed by the charter school unless one of the following exception applies:
Grandfather Exception (employed on Sept 1, 2013)Continuous Employment Exception
Certain Positions Exception:• Bus Drivers in small counties• Personal Attendants• Substitute Teachers
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“Prohibited Degree”
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• If a local public official has a substantial interest in a business entity or real property, the official must file an affidavit and abstain from further participation on a matter pertaining to the entity or property.
• A local public official is considered to have a substantial interest if a person related to the official within three degrees (by blood or marriage) has a substantial interest.
Charter Board Members:Direct Conflict Interest
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“Local Public Official”
• A member of the governing body of a charter holder;• A member of the governing body of a charter school;• An officer of a charter school:
– Chief executive officer– Campus administrative officer– Business manager– Volunteer working under the direction of charter holder,
charter school or management company
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“Substantial Interest”
• An official has a substantial interest in a business entity if the official:– Owns 10% or more of the voting stock or shares of the
entity;– Owns either 10% or more or $15,000 or more of the fair
market value of the entity; or– Funds received by the person from the business entity
exceed 10% of the person’s gross income for the previous year.
• An official has a substantial interest in real estate if the official:– Has an equitable or legal ownership interest with a fair
market value of $2,500 or more.
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“File an Affidavit and Abstain”
An affidavit and abstention are required on a matter if:– In the case of a business entity, the board’s action on
the matter will have a special economic effect on the business entity that is distinguishable from the effect on the public.
– In the case of real property, it is reasonably foreseeable that the boards action on the matter will have a special economic effect on the value of the property, distinguishable from its effect on the public.
File any required affidavit with the official record keeper of the charter holder.
An official is not required to abstain if a majority is likewise required to abstain because of similar interests on the same official action.
Copyright, Texas Charter Schools Association 2014
Schematic:Direct Conflict of Interest
Vendor
Charter School
Board Member
Copyright, Texas Charter Schools Association 2014
Charter Board Members:Indirect Conflict of Interest
A local government officer must file a CIS form with respect to a vendor of the charter school if:
– The vendor enters into a contract with the charter school or the charter school is considering entering a contract with the vendor
and– The vendor:
• has a relationship with the officer that results in the officer or the officer’s family member receiving taxable income that exceeds $2,500 in the 12 months preceding, or
• Has given the officer or the officer’s family member one or more gifts that have aggregate value of over $250 in 12 months preceding.
Copyright, Texas Charter Schools Association 2014
Definitions
Local Government Officer:– member of the charter school board– chief executive officer of the charter school– any other employee designated by the board
Officer’s Family Member: a person related in the first degree by blood or marriage
Taxable Income: does not include investment incomeGifts: does not include a gift from a family member, a political
contribution, or food, lodging, transportation, or entertain accepted as a guest.
Contract: written agreement for the sale or purchase of real property, goods, or services
Copyright, Texas Charter Schools Association 2014
Reporting
• Deadline - The officer must file the CIQ form within 7 days of becoming aware that one should be filed.
• Offense – The officer commits a Class C misdemeanor if he or she knowingly violates the reporting rule….unless the person files the CIQ form not later than 7 days after the person receives notice from the charter school of the alleged violation.
• Vendor’s Responsibility – Must complete a CIS form for each contract it has with the charter school
• Web Posting – CIQ and CIS forms must be posted of the charter school website, if one exists.
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Vendor(CIQ Form Required)
Board Member(CIS Form Required)
Charter School
Income exceeding $2,500 or gift exceeding $250
Enter into a contract or considering entering into a contract
Schematic:Indirect Conflict of Interest
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Policy Development: Comprehensive
Sound policymaking addresses all issues critical for effective school operations
Financial OperationsGovernance & OrganizationGeneral School Operations
StudentsOpen GovernmentHuman Resources
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Policy Development: Making it Work
Policymaking conveys the board’s intent without unduly limiting administrative discretion or professional judgment.
Charter policy defines what the board intends, or requires, leaving the “how will” of the
implementation to the school administrators
Board of Directors:Sets the Expectation
Administration:Fulfills the Expectation
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TCSA Model Board Policies:Two Parts
Legal Authority: Charter Board Policy:
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• Be Engaged as an Individual Member• Be United as a Board• Set a Strategic Vision• Maintain Awareness of Charter Issues• Be an Advocate for Your School• Accept No Excuses
Maintain Training Hours
Create and Sustain Local Policy Framework
File Annual Governance Reports
File/Post Conflict of InterestStatements
Make sure names of boardmembers appear on website
Compelling High Performance
Copyright, Texas Charter Schools Association 2014
TCSA’s Vision StatementA high quality education for every student in Texas
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Contact Us!
Texas Charter Schools Association700 Lavaca StreetSuite 930Austin, Texas 78701
Denise Nance Pierce,General Counsel
dpierce@txcharterschools.org
Lindsey Jones Gordon,Director of Legal and
Policy Serviceslgordon@txcharterschools.org
ph. 512.584.8272fax 512.584.8492www.txcharterschools.org