Charter School Board Institute (New Jersey Charter Schools Conference 2015)

“The future is

not what it used

to be.”— Yogi Berra,

Baseball Hall of Famer

Goals for Today

Build & Strengthen

Relationships

Celebrate Progress

Learn & Grow Together

Inspire Hearts & Minds

Have Fun!

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3 Raise the Bar to Greatness

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“People don’t care how

much you know until they

know how much you care.”

Ideals of Public Education

• All children should have access to quality education

regardless of family income.

• All children should be prepared for happy and productive

lives.

• All children should be taught the rights and duties of

citizenship.

• Good schools help foster strong and cohesive

communities.

Education Reformers Believe

• There is a difference between the ideals of public

education and the institution of public schooling.

• Criticism of the system should not be construed as an

attack on the ideals of public education.

• Parents make better decisions for their children than

government officials.

• Taxpayers deserve a better return for their educational

dollars.

• All children deserve quality educational options.

1. States should withdraw the exclusive geographic franchises given to

school districts.

2. States should create a way to establish new public schools that create

competition for existing schools and provide parents with choice.

3. These new public schools should be authorized by an entity that

oversees and holds them accountable, but unlike a school district does

not own or operate the school.

4. These new public schools should be freed from unnecessary rules and

regulations, in exchange for producing results.

5. These new public schools should be dually accountable: to the

marketplace of parental choice and to the standards of the public

interest.

The Ideas Behind Chartering

CHARTER SCHOOLS

A strategy to transform public

education by injecting choice,

change and competition

into the system.

PART I:

Beginning with the End in Mind

The Seven Habits

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Be Proactive

Begin with the End in Mind

Put First Things First

Think Win-Win

Seek First to Understand,

Then to be Understood

Synergize

Sharpen the Saw

WHAT TRULY MATTERS

Ensuring all students

are prepared for success in

college, work and life.

Purpose of a Charter School

Governing Board

“To ensure, on behalf of the public, that students are learning, money and resources

are well stewarded, and the organization passionately pursues greatness, while modeling the highest legal and ethical

principles.”

Dr. James Goenner

National Charter Schools Institute

Duty of Care

Exercising the “care” a prudent person would when making

decisions.

Duty of Loyalty

Gives undivided allegiance and putting the organization above

self when making decisions; avoiding conflicts of interest and

keeping confidential matters confidential.

Duty of Obedience

Acting in a manner that supports the school’s mission and

values; and fulfills the public trust.

Key Board Duties

12 Board Responsibilities

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ENSURE all students are being prepared for success in

college, work and life.

ENSURE the public’s money and resources are well

stewarded.

ENSURE the organization is run by a great leader and

infused with a positive culture and learning environment.

ENSURE the terms of the charter contract are fulfilled and

the organization is prepared for renewal.

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ENSURE the organization continuously improves

and stays viable.

ENSURE the organization is true to its vision,

mission and values.

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ENSURE the organization operates legally and

ethically.

ENSURE goals are clear and people and programs

are wisely empowered, supported, evaluated and

held accountable.


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ENSURE the board and its members are positive

ambassadors for the charter idea!

ENSURE the board recruits, orients and develops

its members and its capacity to govern.

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ENSURE the board adopts and properly maintains its

governing policies.

ENSURE the board speaks with one voice.


PART II:

Aligning for Greatness

Superior Performance

Distinctive Impact

Lasting Endurance

What Is Greatness?

“Good is the enemy

of great.”Jim Collins

The Charter Contract

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Aligning for Greatness

Develop a Relationship of Mutual

Trust & Respect

Set Clear Performance Expectations –

No Surprises!

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Establish a Shared Vision & Commitment

Framework for Greatness

Good, Not Great

Inflection

Point

Good, Not Great

Matched-Pair

Selection

Comparison

Cases

Good–to–Great

Cases

GAP

Collins’ Good-to-Great Framework

OUTPUT RESULTS

STAGE 1: DISCIPLINED PEOPLE

INPUT PRINCIPLES

Level 5 Leadership

First Who, Then What

STAGE 2: DISCIPLINED THOUGHT

Confront the Brutal Facts

The Hedgehog Concept

STAGE 3: DISCIPLINED ACTION

Culture of Discipline

The Flywheel

STAGE 4: BUILDING GREATNESS

TO LAST

Clock Building,

Not Time Telling

Preserve Core,

Stimulate Progress

DELIVERS SUPERIOR

PERFORMANCE

MAKES A DISTINCTIVE IMPACT

ACHIEVES LASTING ENDURANCE

Beyond Any Leader,

Idea or Setback

On the Communities

It Touches

Relative to Its Mission

Sharpening Your Focus

Building for

Breakthrough

People Need Systems to Turn the Flywheel

• Principles and practices for predictably

achieving goals

• Processes that are specific, orderly, and

repeatable

• Leverage time, money and abilities

• Deliberate, intentional and practicable

How Successful People Grow by John C. Maxwell

“Greatness . . . is largely a

matter of conscious

choice and discipline.”

Jim Collins

Lunch & Networking

PART III:

Governing vs Managing

Structural Overview

Charter School

State & Federal

Law

Authorizer & Charter Contract

Board Policies &

Procedures

Governing Board

=

To Ensure

A Simple Way to Frame Roles

Management

=

To Execute

Would a Great

Leader Want to

Serve on or Work

for Your Board?

The First Thing the Board Governs Is Itself

“Know Thyself”

Leadership

Pyramid

What Level of Leader Do You Want?

Level 5 Leader

Ambitious first and

foremost for the cause,

the organization, the

work — not

themselves.

Displays a paradoxical

blend of personal

humility and

professional will.

Level 3 Leader

Organizes people and

resources toward the

effective and efficient

pursuit of predetermined

objectives.

Winners Want to be Associated with a Board That…

• Knows its purpose and why it exists

• Understands it is the highest authority in

the organization

• Knows it represents the public

• Is disciplined in its role and behaviors and

those of its individual members

• Is trustworthy and predictable

• Uses its authority to empower, not strangle

• Ensures the organization is effective

and efficient

• Has high expectations and measures

performance

• Is unafraid to judge, but does so fairly

• Continuously earns credibility

Winners Want to be Associated with a Board That…

How Boards Earn Credibility

• “They practice what they preach.”

• “They walk the talk.”

• “Their actions are consistent with their words.”

• “They put their money where their mouth is.”

• “They follow through on their promises.”

• “They do what they say they will do.”

The Leadership Challenge

“We believe boards that govern

for greatness ask wise

questions and measure things

that really matter.”

Dr. James Goenner

National Charter Schools Institute

Wise Questions

HOW WELL IS OUR SCHOOL…

Preparing Students for College, Work and Life

Leveraging Resources

Fulfilling Its Commitments?

Setting Goals.

Defining Targets.

PART IV:

Making Board Meetings Effective

Common Board Challenges

Dysfunctional Group Dynamics

Disengaged Board Members

Uncertainty About Roles and

Responsibilities

Source: Problem Boards or Board Problems?The Nonprofit Quarterly

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Some People Observe That…

“ Trustees are often little more than high-powered, well-

intentioned people engaged in low-level activities.”

Chait, Holland and Taylor

Where Does

Your Board

Spend Its

Time?

First Things First

Policy Development:

Roles & Responsibilities

Charter Policy

Creation

Adoption

Implementation

Review & Evaluation

Board and Staff

Board

Staff

Board and Staff

Ask the Attorneys

Every public body must publish its meeting schedule by January 10th, or within seven days ofits annual organization meeting, whichever is later.

48-hour Notice:

A 48-hour written notice must be given for any regular, special, adjourned or unscheduledmeeting giving the time, date, location, and as complete of an agenda as known at thetime of the notice. The notice needs to be delivered to at least two previouslydesignated newspapers.

Exceptions to Public Notice Requirements:

• Emergency Meetings: Can be called by a vote of ¾ of the Board and may only be held if substantial harm to the public interest would result from a delay and the need for the meeting could not have reasonably been foreseen. Discussion at the meeting must be limited to the matter which prompted the emergency meeting.

• Closed or executive sessions.

Public Notice

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Copyright 2014 Adams Gutierrez & Lattiboudere, LLC

1. Any matter considered confidential by federal law, state statute, or court rule;

2. Any matter in which the release of information would impair the receipt of federal funds;

3. Any material which would constitute an unwarranted invasion of individual privacy if disclosed;

4. Any collective bargaining agreements or other discussion of the terms and conditions of a collective bargaining agreement, including negotiations leading up to such an agreement.

5. Any matter involving the purchase, lease or acquisition of real property with public funds, the setting of banking rates or investment of public funds where disclosure of such mater could adversely affect the public interest.

Subjects Permitted in Closed Session - N.J.S.A.

10:4-12

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6. Any tactics and techniques used in protecting the safety and property of the public and investigations of violations or possible violations of the law.

7. Any pending or anticipated litigation or contract negotiations in which the public body is or may become a party, and any matter falling within the attorney-client privilege, to the extent that confidentiality is required to preserve the attorney-client relationship.

8. Personnel matters related to the employment, appointment or termination of current or prospective employees, unless all individuals who could be adversely affected request, in writing, that the matter be discussed at a public meeting.

9. Any deliberations of a public body occurring after a public hearing that may result in the imposition of a fine upon an individual or the suspension or the loss of license or permit belonging to an individual.

These exceptions are strictly construed to further the legislative intent ofproviding open public meetings in most instances.

Subjects Permitted in Closed Session

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• Prior to any closed session, the Board must adopt a resolution stating the

general nature of the subject to be discussed and the time in the future

when the discussion can be disclosed. The precise nature of the matter

discussed may be withheld until the need for the closed session has

passed.

• The Board is not required to complete the open portion of its meeting

before going into closed session. The New Jersey Appellate Division found

that while this may cause some inconvenience to the public, it does not

automatically establish that the board acted with the purpose of

discouraging attendance. McGovern v. Rutgers, (A-113-10)(067787)(July

25, 2012).

• Note: Closed sessions are for discussion only. All formal actions need to

be made in the open, regardless of the subject matter.

Prior to Closed Sessions

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Insufficient: a discussion regarding “personnel matters” generally

Sufficient: “review the performance of individual personnel” or “discuss non-renewal of

personnel”

Insufficient: a discussion regarding “negotiations”

Sufficient: “contract negotiations with teachers union”

Insufficient: a discussion regarding “legal matters”

Sufficient: “discussion regarding J.S. v. Main Street Charter School,” or “litigation

regarding construction at Main Street Charter School”

Insufficient: a discussion regarding “student matters”

Sufficient: “discussion regarding an individual student,” or “discussion regarding student

discipline”

Insufficient: a discussion regarding the “Jones problem”

Sufficient: a discussion regarding “potential litigation involving Jones Corp.”

Insufficient v. Sufficient

Resolution Language for Closed Session

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• Each public body is required to keep reasonably comprehensible minutesof all its meetings. Minutes do not have to be verbatim.

• Note: Minutes must also be kept of closed execustive sessions.

Format:

• Minutes should start with a statement of the time, place and manner ofnotice.

• For emergency meetings, a statement must be made sufficient tosatisfy the emergency meeting notice requirements.

• At a minimum, minutes should show the names of the members present,individual votes for each member, subjects considered and actions taken.

Disclosure:

• Minutes must be made available to the public promptly – within 2 weeksof meeting and at least 3 business days before next meeting.

• For closed sessions, the minutes must be disclosed as soon asreasonably possible, or as soon as the issue is no longer confidential.

Maintaining Minutes

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Definition of “meeting” includes “…any gathering

whether corporeal or by means of

communication equipment.”

Conflicting court decisions

Attorney General letter – appropriate precautions

must be taken

Speakerphone, Skype, Facetime

Using technology to conduct meetings?

Copyright AG&L 2014

OPMA applies to gatherings of a quorum, including thoseheld by means of technology.

Phone Conferences: A quorum of board members, all at theirrespective offices or homes, communicate via telephone conference.

• Conclusion: Potential Violation: The public has to be provided withadvanced notice and an opportunity to witness whenever aquorum of board members gets “together”, physically orotherwise, to discuss public matters. The inability to provide anopportunity to witness the conference call will likely result in anOPMA violation.

OPMA and Technology


Emails:

• One Way E-mails: “One Way Flow of Information”. An email from oneTrustee to all Trustees:

• Conclusion: Will Likely Not Be Considered a Violation: An email fromTrustee 1 to all of the other trustees has been analogized by NewJersey School Boards Association (“NJSBA”) to the act of sending outinformation packets to trustees prior to the meeting.

BUT

• “Reply All” Scenario/Two Way Emails: After receiving Trustee 1’s email,Trustee 4 responds and hits “Reply All”, sending the message to all of theother trustees.

• Conclusion: Violation: Hitting “Reply All” would be similar to using groupinstant messaging or real-time chat. There is no ability for the public tohave access to the conversation and advance notice of same.

OPMA and Technology


Opderbeck v. Midland Park Board of Education: December 2013 Superior Court Case

Facts: SHU Law Professor wanted to obtain the attachments to a Board meeting agenda but were told they had to make an OPRA request for the attachments. Specifically, the Board attorney sent Opderbeck an email stating that OPMA only requires written notice of the time, date, location and to the extend known the agenda of any meeting to be published 48 hours in advance. Opderbeck requested the Board change its policy by including attachments and appendices with the agendas and while the Board agreed on some policy changes it determined that providing the attachments would “overload” the public with information and copying costs.

Court’s Decision: “The failure of the Midland Board of Education to provide attachments and supplemental documents renders the agendas virtually meaningless.” The Court stated that the attachments at issue in the case were an integral element necessary to understand the agenda.

Exception: The Court acknowledged that if the Board has a good faith belief that certain attachments or documents are privileged or exempt pursuant to OPRA, OPMA or the common law right of access, they do not need to be provided and an OPRA request can be made. Otherwise, they have to be produced electronically with the agendas.

OPMA & The Agenda & Attachments

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Main Remedy Under the Law:

Invalidation of the acts of the public body which has acted outside the provisions of the Law.

Additional Violations:

• Criminal Penalties: Willful violations may be punishable by a $100 fine for a first offense, and between $100 and $500 for any subsequent offenses.

• Civil Remedies: OPMA provides that a court is able to void any action not conforming to the procedural requirements.

• A court also has the authority to grant injunctive relief against violations.

OPMA Violations

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THE OPEN PUBLIC RECORDS ACT

“GOVERNMENT RECORD”

Any record in any form or media that has

been made, maintained or kept on file in the

course of official business

What about Board Member emails?

OPRA

Copyright AG&L 2014

EXEMPTIONS, include:

Advisory, Consultative or Deliberative Material (ACD)

Attorney client privilege

Emergency or security information – WNBC

Info in connection with a sexual harassment complaint

Certain personal information

Personnel records, etc.

OPRA (continued)

Copyright AG&L 2014

The Hillary Trap – personal v. Board email

Destruction of Public Records

OPRA (continued)

Copyright AG&L 2014

Break & Networking

PART V:

Understanding the Performance

Framework & Renewal

Focus on Student Outcomes

Key Renewal Questions

Academic Financial Organizational

Is the academic

program a

success?

Is the school

financially

viable?

Is the school

equitable and

organizationally

sound?

Academic Performance

Student

Achievement

(Absolute)

Comparative

Performance

(District Comparison &

Peer Rank)

Student

Growth

(mSGPs)

Post-

Secondary

Readiness

Subgroup

Performance

ABC Charter School

Near Term Indicators

• Current Ratio

• Unrestricted Days Cash on Hand

• Enrollment Variance

• Default on Loans

Sustainability Indicators

• Debt to Asset Ratio

• Total Margin

• Cash Flow

• Debt Service to Coverage Ratio

Financial Performance

• Expectations the charter school is required to

meet through state and federal law or the

charter agreement:

• Spend public funds responsibly;

• Practice sound governance; and

• Adhere to laws and charter requirements

• Balance between appropriate oversight and

infringement on autonomy

Organizational Performance

• Essential Terms of Charter

• Curriculum Alignment

• Data Use

• Education Requirements

EDUCATION PROGRAM

• Admissions and Enrollment

• Students with Disabilities

• English Language Learners

• Attrition/Enrollment Stability

EQUITY

• Mission Alignment/High Expectations

• Family and Community Involvement

SCHOOL CULTURE

• Governance

• Accountability of Management

• Safe and Secure Facilities

• Safe and Secure School Environment

FACILITIES / SAFE SCHOOL ENVIRONMENT

• Reporting / Compliance

• GAAP

FINANCIAL OVERSIGHT

• Federal and State Compliance

• Other Compliance

REPORTING AND COMPLIANCE

GOVERNANCE

Organizational Performance

Components of the Renewal Process

RENEWAL DECISION (FEBRUARY 28)

Written Application (Due October 15)

School Site Visit (November – January)

Performance and Demographic Data (collected by DOE)

Is this a quality school?

Question of the Heart

PART VI:

Organizational Health & Sustainability

“If you do not change, you

can become extinct.” Who Moved My Cheese?

Four Disciplines

of a Healthy

Organization

Four Disciplines of a Healthy Organization

Cohesive teams develop trust, eliminate politics and

increase efficiency by…

• Knowing one another’s unique strengths and weaknesses

• Openly engaging in constructive, ideological conflict

• Holding one another accountable for behaviors and

actions

• Committing to group decisions.

1: Build a Cohesive Leadership Team

Healthy organizations minimize the potential for

confusion by clarifying…

• Why do we exist?

• How do we behave?

• What do we do?

• How will we succeed?

• What is most important—right now?

• Who must do what?

2: Create Clarity


How clear is your organization about its ...

Vision

Mission

What is the organization really trying to accomplish?

Is it compelling? Will it make a significant difference?

How will the organization proceed with making this

vision a reality?

ValuesWhat are the core things the organization will use to

guide and evaluate all of its actions and behaviors?

Healthy organizations align their employees around organizational

clarity by communicating key messages through…

• Repetition: Don’t be afraid to repeat the same message again

and again.

• Simplicity: The more complicated the message, the more

potential for confusion and inconsistency.

• Multiple Mediums: People react to information in many ways; use

a variety of mediums.

• Cascading Messages: Leaders communicate key messages to

direct reports; the cycle repeats itself until the message is heard by

all.

3: Over-Communicate Clarity


Organizations sustain their health by

ensuring consistency in…

• Hiring

• Managing performance

• Rewards and recognition

• Employee dismissal.

4: Reinforce Clarity


What does it mean to institutionalize?

What are the “Instruments of

Institutionalization”?

Bylaws

Policies

Procedures

Professional Development

Hiring

Handbooks

Institutionalizing the Mission

Board Evolution

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Founding Board

Governing Board

Strategic Board

Power Board

PART VII:

Being Ambassadors for Excellence

Stephen Covey

Five Practices of Exemplary Leaders

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Model the Way

Inspire a Shared Vision

Challenge the Process

Enable Others to Act

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Encourage the Heart5

Kouzes and Posner

Charter Schools Provide Diversity - Different Schools for Different Kids

Charter Schools have led the way in using Data-Driven Approaches (not just about standardized tests)

Focus on Service Rather than Rules

Meeting the needs of students and producing promising results without making excuses

A focus on rules often results in an “our way or the highway” atmosphere that charter schools can combat

An orientation toward service is manifest in responsiveness to parents – charter schools are inherently schools of choice

A focus on rules prioritizes compliance above performance and places energy toward minimizing risk of non-compliance rather than minimizes risk of negative student outcomes

Charter School Excellence Comes in Many Forms

“Set the standards higher

for yourself than others

would set them for you.”

John Maxwell

THANK YOU!

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Charter School Board Institute (New Jersey Charter Schools Conference 2015)

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Transcript of Charter School Board Institute (New Jersey Charter Schools Conference 2015)