Effective and Reflective Governance September, 2017

Students ARE the Reason!

What are the characteristics of a good board meeting?

Starts on time Ends at a reasonable time Follows Roberts Rules of Order Good committee reports Robust and open discussions Students first

Responsibilities of the Board… Set the mission and vision of school Analyze and evaluate school budget Analyze and evaluate academic progress Analyze and evaluate reports Give clear direction to school director Support school director

Responsibilities of the Board… Follows (1) public school law (2) charter school law (3) charter agreement (4) approved amendments (5) open meeting laws

Responsibilities of the Board… 1.Design a strategic plan 2.Fiscal plan 3.Management plan 4.Organizational chart and responsibilities

NC Open Meetings Law

NC Open Meetings Law (NCGS 143-318.10) All board meetings and committee meetings must be open to the public and provide appropriate notice in advance of the meeting date, time, and location: Regular Meetings: 7 Days Special Meetings: 48 Hours (Special Meetings include subcommittee meetings) Emergency Meetings: Immediate after notice is given to all board members

NC Open Meetings Law All meetings must be properly noticed physically at the school and on the school’s website. Meeting minutes should be taken and approved at every meeting. Meeting minutes should be kept in a location available to the public.

NC Open Meetings Law – Closed Session Closed session procedures: State the purpose of going into closed session verbally and in the meeting minutes Closed session discussion must be kept confidential Maintain limited closed session minutes. Keep these notes separate from open meeting minutes. All voting must take place, in regular open session.

NC Open Meetings Law – Closed Session There are 9 legal reasons in NC to go into closed session Per NCGS 143-318/11 1. Privileged Information – General Statute 132 (Personnel, Student, Closed Session) 2. Discuss Award or Scholarship 3. Consult with attorney (not about general policy) 4. Expansion: (Real estate/business negotiation) 5. Negotiations: (terms of employment contracts) 6. Personnel matters 7. Investigate concerns of criminal matters 8. Form emergency plans for response to School violence 9. Briefings from law and safety (public safety issues or response to terrorism)

NC Open Meetings Law – Closed Session What do you do if you want to make a decision based on the closed session discussion? Come out of closed session and vote Make a motion that states to the public what the vote is for (Example: Voting yes or no on package A does not tell the public what package A is). Remember, you must come out of closed session to adjourn the meeting.

Can the board make decisions about the school through email?

no Electronic “discussions” of school business involving several board members could be construed as a meeting and are in violation of the open meetings law. You can communicate via email, just communicate individually and avoid a quorum of board members. Do not “reply all” to an email from a board member that discusses school business.

Board Development

Number of Board Members Each charter school board should have between 5 and 9 members. OCS highly recommends that charter school staff members do not sit on the charter school board due to conflict of interest.

Nepotism/Conflict of Interest Policies *UPDATE*: CHTR – 006 – This policy is likely to be updated at an upcoming SBE meeting. Below is the nepotism/conflict of interest information found in the charter agreement: 4.3. The Nonprofit board of directors shall adopt and ensure compliance with a conflict of interest and anti-nepotism policy. This policy shall include, at a minimum, the following provisions: 1. No voting member of the governing board shall be an employee of a for-profit company that provides substantial services to the charter school for a fee. 2. (a) Prior to employing any immediate family, as defined in G.S. 115C‑12.2, of any member of the board of directors or a charter school employee with supervisory authority shall be employed or engaged as an employee, independent contractor, or otherwise by the board of directors in any capacity, such proposed employment or engagement shall be: (i) disclosed to the board of directors and (ii) approved by the board of directors in a duly called open‑session meeting. (b) The burden of disclosure of such a conflict of interest shall be on the applicable board member or employee with supervisory authority. If the requirements of this subsection are complied with, the charter school may employ immediate family of any member of the board of directors or a charter school employee with supervisory authority.

Nepotism/Conflict of Interest Policies 3. A requirement that a person shall not be disqualified from serving as a member of a charter school's board of directors because of the existence of a conflict of interest, so long as the person's actions comply with: a. the school's conflict of interest policy established as provided in this subsection; and b. applicable law 4. No teacher or staff member that is immediate family of the chief administrator shall be hired without the board of directors evaluating their credentials, establishing a structure to prevent conflicts of interest, and notifying the Department, with evidence, that this process has occurred. 5. The requirements of Chapter 55A of the General Statutes related to conflicts of interest.

Board Election Policies Best Practice Recommendations: Staggered terms 2 – 3 Year Terms Term Limits Nomination Process 5. Election Process

Board Committees Budget and Finance Committee Governance Building/Facilities Strategic Planning Academic * What is the work of these committees? *Committee meetings must be open to the public and properly posted.

Budget and Board Oversight Charter school finances are the number one reason for charter school closure nationally. The finance committee should review the budget and project projections monthly and share this information with the board. The board should have governance policies regarding finances and spending limits.

Budget and Board Oversight The entire board should always know the financial health of the school including: The number of students currently attending The number of student attrition each month The current financial budget surplus or deficit The cost of major projects of the school

Planning and Procedures

Sample Meeting Agenda Call to order Reading of the School’s Mission and Conflict of Interest Policy Approval of Minutes Public Comment Approval of Agenda Officer Reports Directors report Special Committee Reports New Business Announcements Adjournment

Parliamentary Procedure Present motions Second motions Debate/Discuss Vote on Motions Record vote results Remember, the board chair must restate the motion so all members of the board and audience can hear the motion. All voting, according to open meeting laws, must be completed in open session.

Meeting Minutes Minutes serve a variety of functions: Informative Reflective Evaluative Prospective

Roles and Responsibilities of Board vs. Administration Board Responsibilities Administration Responsibilities Responsibility is to make sure the school performs through clear evaluative measures. The board asks “How well should the school perform at ….?” The board asks “What is our goal for the year?” Leads and develops plans and procedures that drive the school’s performance The administration asks “How will I …..?” The administration asks “How will I achieve the board’s goal?”

Roles and Responsibilities of Board vs. Administration The Board The Administration Ends (Results) Why? What? How Much? Means (Strategies) How? When? Where? Who? Mission Vision Goals Policies Objectives Strategies Action Plans Procedures Monitor VOTE! Implement RECOMMEND Retrieved from Cornell-Feist, Marci. Charter Schools Trustees Guide.

Roles and Responsibilities of Board vs. Administration Policies Time and Attention Governance Mission Strategy Viability Leadership Board’s Decisions Principal’s Advice Partnership Authorizations Finance policies Enrollment Employment Terms Shared Decisions: Board and Administrator Operational Staffing Program Systems Board’s Administrator Decisions

The Amendment Process Charter school board adopts proposed changes “pending approval by the State Board of Education” and forwards a copy using the underline and strikethrough method to the Office of Charter Schools (OCS) for an initial review. Website – needed document: BMM Strikethrough Clean Copy Letter signed by BC and Admin

The Amendment Process If amendments are not in compliance with charter law OCS will communicate suggestions to the school. The charter school incorporates those suggestions into their amendments and sends a new copy to the OCS utilizing the underline and strikethrough format clearly denoting the proposed changes. 30 – 90 days to process

The Amendment Process DPI staff and/or SBE approves or denies the proposed revision to the nonprofit corporation’s bylaws or charter application.

General Statutes for Future Reference 115C-218.7 Material Revisions of Charters 115C-218.8 Nonmaterial Revisions of Charters 115C-218. 7 and .8 don’t apply to you right now but will in the future as amendment statutes.

SBE Policy CHTR-014 Requires SBE Approval – May Require CSAB Recommendation Enrollment growth beyond allowable statute amount Relocation outside a 5-mile radius or approved LEA Transferring the charter to another non-profit Altering the mission or student population Employing or terminating a management company Changing the application with respect to the National School Lunch Program Remember in relocation this applies to temporary sites as well. Recent Policy changes HB 800

SBE Policy CHTR-014 OCS May Approve Bylaws The name of the charter school The Articles of Incorporation Relocation outside a 5-mile radius or approved LEA Class sizes as stated in the application Length of the school day/academic year Curriculum changes Changes with respect to student transportation Changes with respect to food service plans One year delay requests and/or using year 2 enrollment as outlined in the approved charter

SBE Policy CHTR-014 Any proposed amendments not contained in the previous slides must be reviewed and approved by the State Board of Education.

Q & A What is the North Carolina policy concerning meetings of public bodies?

Q & A The North Carolina General Assembly has declared it to be public policy that all hearings, deliberations, and actions of public bodies be conducted publicly. NCGS 143-318.9

Q & A What are public bodies?

Q & A A public body includes government authorities, boards, commissions, committees, councils, or other bodies. This includes, cities, school administrative units, NC public universities. These groups are public bodies if their members are elected, appointed, and they are a decision making or advisory board. NCGS 143-318.10

What kind of public notice is required for public meetings? Q & A What kind of public notice is required for public meetings?

Q & A Regular meeting …………… 7 days Special meeting …………… 48 hours Emergency meeting ……….. After all board members are notified* *You may consider only the business connected with the emergency circumstance.

Is it required to set up a schedule of regular meetings? Q & A Is it required to set up a schedule of regular meetings?

Q & A No, however, if you have a schedule of regular meetings, it is required that you keep a record of the schedule on file………… …….. Best practice is to post your schedule on your web site.

Does the public have the right to speak at your meeting? Q & A Does the public have the right to speak at your meeting?

Q & A No, open meeting law does not give members of the public the automatic right to speak at your meeting………. ……..Best practice is to allow time for public comments at the beginning of the meeting and limit the time each person can speak to three minutes.

Can you have a meeting by conference call or other electronic means? Q & A Can you have a meeting by conference call or other electronic means?

Q & A Yes, but you must provide a location and means for the public to listen to the meeting. The meeting notice should indicate where the public may listen.

Can you vote by secret ballot? Q & A Can you vote by secret ballot?

Q & A no

Q & A Do you have to take minutes of meetings? Do you have to keep minutes of closed session meetings?

Q & A Yes, every public body is required to keep accurate minutes of all official meetings. Closed session minutes should be kept separate from regular meeting minutes and they should a general account so that a person not in attendance would have a reasonable understanding of what happened.

Questions?