Board of Trustees Basics October 2015

Agenda  Duties of Individual Trustees  Duties of the Board of Trustees  Complaint Procedures  Amendments  Bylaws  Fiscal Oversight  Accountability and Governance  Resources  Questions Massachusetts Department of Elementary and Secondary Education 2

Charter School Statute, Regulations, and Guidance  Charter school statute: G.L. c. 71, § 89G.L. c. 71, § 89  Charter school regulations: 603 CMR CMR 1.00  The Charter School Administrative and Governance Guide:  Currently archived. Corrections and revisions are pending. Massachusetts Department of Elementary and Secondary Education 3

4 Who are the Board of Trustees?  Trustees are special state employees appointed by the Commissioner.  A board of trustees is a state public body.  Boards of trustees are responsible for governing the school.  Duty of care  Duty of loyalty  As a group, trustees are expected to have the qualifications and skills necessary to manage and operate a successful school. 4

Duties of Individual Trustees  Members of a charter school board of trustees have a role similar to those of non-profit board members (although charter schools are public governmental entities, NOT non-profits).  Duty of Care – each trustee must act with such care as any ordinarily prudent person would in the trustee’s position.  Duty of Loyalty – legal obligation prohibiting trustees from doing anything that would allow personal profit because of position. Massachusetts Department of Elementary and Secondary Education 5

Conflict of Interest  Conflict of Interest law: G.L. c. 268AG.L. c. 268A  Board members are strongly encouraged to consult the State Ethics Commission regarding any potential conflicts of interest prior to taking any action: (888) ; (617) or Massachusetts Department of Elementary and Secondary Education 6

Conflict of Interest Requirements  As special state employees, trustees must annually review a summary of the Commonwealth's Conflict of Interest Law: Summary of Conflict of Interest Law for State Employees.Summary of Conflict of Interest Law for State Employees  Trustees receive this summary via at the time of approval as well as annually thereafter on their anniversary date.  Trustees must acknowledge receipt via a Docusign file linked to the . Department and school records of completion are maintained via the Board Member Management System. Massachusetts Department of Elementary and Secondary Education 7

Conflict of Interest Requirements  Every two years, trustees must complete an online training program on the Commonwealth's Conflict of Interest Law: Conflict of Interest Law Online Training Program. Conflict of Interest Law Online Training Program.  Trustees must complete the training within 30 days of becoming a member of the board and every 2 years thereafter and keep records of their actual certificate of completion provided at the end of the training module.  Trustees will receive reminders to complete the training based on their approval anniversary date.  Trustees must acknowledge completion of training via a Docusign file linked to the . Department and school records of the assurance of completion are maintained via the Board Member Management System. Massachusetts Department of Elementary and Secondary Education 8

Financial Disclosures  Trustees must file annual financial disclosure forms for the previous calendar year by September 1st.  Action Item: Disclosure forms for 2014 are now overdue forms were distributed via the Board Member Management System.  Disclosure forms for 2015 will also be sent to trustees via notifications from the Board Member Management System in the spring of Ensure addresses are correct.  Boards of Trustees must ensure copies of financial disclosures are sent to the State Ethics Commission and town clerk where the school is located. Massachusetts Department of Elementary and Secondary Education 9

New Board Members  Changes to board membership require Commissioner approval.  An individual may not vote or be counted towards quorum until approved by the Commissioner.  Action Item: Requests for approval are made through the Board Member Management System. Massachusetts Department of Elementary and Secondary Education 10

Proposed Board Members  Proposed board members must be added to the Board Member Management System.  A letter requesting approval and the individual’s resume must be uploaded via the Board Member Management System to begin process.letter requesting approval and the individual’s resume  Action Item: Proposed board members will receive an notification to complete and submit a financial disclosure via Docusign prior to Commissioner approval.  Once approved, the new board member will receive other requirements via to review and complete:  Open Meeting Law materials Open Meeting Law materials  Conflict of Interest Summary and Training requirements Conflict of Interest Summary and Training requirements Massachusetts Department of Elementary and Secondary Education 11

What does it mean to Govern? * In the case of Horace Mann charters, annual budget allocations, as well as the hiring and firing of school leader are subject to district review and approval. 12

Duties of the Board of Trustees  To govern, hold the charter, and be directly accountable to the state.  To define, and ensure that the school is operating in accordance with the mission of the school.  To develop (and amend) school policies.  To hire a qualified leader to manage the school’s day-to-day operations, and hold that person accountable for meeting established goals.  To develop long range plans for the school, including an Accountability Plan.  To ensure that the school is in compliance with all state and federal laws.  To ensure successful charter renewal. Massachusetts Department of Elementary and Secondary Education 13

Sample Policies Approved by Board  Bylaws  Complaint Procedure  Leadership Structure/Organizational Chart  Enrollment Policy and Application for Admission  Recruitment and Retention Plan  Accountability Plan  School Calendar  Code of Conduct/Student Handbook  Bullying Prevention and Intervention Plan  CORI Policy  School Wellness Policy  Fiscal Policies and Procedures  Budget  MOU and/or Management Contract Massachusetts Department of Elementary and Secondary Education 14

Complaint Procedure  Parties have the right to file a written complaint with the Board of Trustees in accordance with charter school law and regulations G.L. c. 71, §89(jj), 603 CMR 1.09G.L. c. 71, §89(jj)603 CMR 1.09  All charter schools are required to have a procedure for responding to any complaints filed regarding violations to the charter statute or regulations.  The board of trustees must respond within 45 days of the receipt of a written complaint.  If the party is not satisfied with the board’s response, the party may submit the complaint to the Commissioner, who will investigate, respond, and take appropriate action. Massachusetts Department of Elementary and Secondary Education 15

Charter Amendments  Any substantive changes to the material terms of the charter require the board of trustees to request a charter amendment.  Requests must be made and granted prior to implementation.  Major operational changes require approval of the Board of Elementary and Secondary Education (BESE).  Minor operational changes require the Commissioner’s approval.  Amendment regulations: 603 CMR CMR 1.10 Massachusetts Department of Elementary and Secondary Education 16

“Housecleaning” for Renewal  It is each school’s responsibility to ensure that it’s “house is in order” with respect to changes to the material terms of its charter.  Action Item: Please review your charter school’s current operating practice, and request any charter amendments prospectively. Massachusetts Department of Elementary and Secondary Education 17

Charter Amendment Resources  Resource materials can be found at  Amendment Guidelines  Charter Amendment Cover Sheet  Board Request Letter Template  Checklists and required elements Massachusetts Department of Elementary and Secondary Education 18

Amendments to Expand  Requests to change the districts specified in a charter’s region, grade span, or maximum enrollment must be submitted on or before August 1 st.  Affected districts have the opportunity to provide comment on request.  Consideration requires Commissioner recommendation and Board of Elementary and Secondary Education vote. Massachusetts Department of Elementary and Secondary Education 19

Amendments to Policies  Requests should be made prospectively.  The Department endeavors to approve amendment requests within 45 days of receipt.  Requests require accompanying materials found on the website.  Department may work on policy to align to guidelines (bylaws, enrollment, etc.) Massachusetts Department of Elementary and Secondary Education 20

Bylaws  This document governs the activities of the board and outlines the board’s:  Duties and powers,  Membership composition,  Election processes.  These must comply with the bylaws checklist developed by the Department. Massachusetts Department of Elementary and Secondary Education 21

Fiscal Oversight  Charter school boards should be particularly mindful of their fiduciary duty to be stewards of public funds.  Boards are responsible for ensuring that an independent audit of the charter school’s finances is conducted. See the Massachusetts Charter School Audit Guide:  Audits are due to the Department and State Auditor by November 1 of each year.  Boards are required to ensure that appropriate fiscal policies and procedures are in place. See the Massachusetts Charter School Recommended Fiscal Policies and Procedures Guide Massachusetts Department of Elementary and Secondary Education 22

School Finances and Enrollment  March 15 - school must submit pre-enrollment report to the Department  April 1 – The Department must notify sending districts of the number of students, by district, pre-enrolled or wait listed at each charter school for the next school year.  June 1 – Waitlist data due to the Department  October 1 – All public school districts report their actual enrollment as of this day via SIMS (Student Information Management System)  February 15 – Commonwealth charters submit the Charter School Claim Form to provide actual enrollment data to the day for all students for tuition purposes. Massachusetts Department of Elementary and Secondary Education 23

Enrollment Limitations  The number of students reported as pre- enrolled by a Commonwealth charter school is the maximum number of students for which the school will receive tuition in the next school year  Schools should not exceed enrollment growth plans specified in the charter, in student numbers or grades offered. Massachusetts Department of Elementary and Secondary Education 24

The Accountability Cycle Massachusetts Department of Elementary and Secondary Education 25

Accountability and Governance  Accountability Plan – help to establish and review progress on a regular basis  Be informed of the Accountability Cycle for charter schools  Participate in focus groups during visits  Be aware of the Massachusetts Accountability System and your school’s accountability data: Level, PPI, Percentile  Be aware of the Charter School Performance Criteria Massachusetts Department of Elementary and Secondary Education 26

Resources and Information  Our website:  Information about:  Amendments  Board of Trustees  Enrollment Massachusetts Department of Elementary and Secondary Education 27

Massachusetts Department of Elementary and Secondary Education 28 Contact the Department Alyssa Hopkins New Schools & Governance Coordinator Alison Bagg Coordinator of Accountability