December 2017 1 2 Charter Schools are public schools Charter Schools are governed by nonprofit boards Great charter boards make great schools possible for students What does the Alliance do ID: 680858
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Charter School Governance/
December 2017
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Charter Schools are public schools.Charter Schools are governed by non-profit boards. Great charter boards make great schools possible for students. Slide3
What does the Alliance do?
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What is the role of a charter school board member?
To support the growth and development of a great school. 4Slide5
Where do you fit in?
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Where are the schools?
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Link to interactive map created on Students are enrolled in virtual public charter schools in every community. Slide7
Responsibilities as a Board Member and Charter Compliance with the Laws
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Who is governing the school?SECTION 59‑40‑40.
Definitions. Existing charter schools:The Board2) A charter school: C) must be administered and governed by a governing body in a manner agreed to by the charter school applicant and the sponsor, the governing body to be selected as provided in Section 59‑40‑50(B)(9);
For new Schools prior to your first election: The Charter Committee(7) "Charter committee" means the governing body of a charter school formed by the applicant to govern through the application process and until the election of a board of directors is held. After the election, the board of directors of the corporation must be organized as the governing body and the charter committee is dissolved.
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Charter Committee Powers
Implementation of law - The Charter Committee serves as the governing board until the first election. Once the board has hired a school leader they hold them accountable for these items. (E) A charter committee is responsible for and has the power to: (1) submit an application to operate as a charter school, sign a charter school contract, and ensure compliance with all of the requirements for charter schools provided by law;
(2) employ and contract with teachers and nonteaching employees, contract for services, and develop pay scales, performance criteria, and discharge policies for its employees. All teachers whether certified or noncertified must undergo the background checks and other investigations required for certified teachers, as provided by law, before they may teach in the charter school; and (3) decide all other matters related to the operation of the charter school, including budgeting, curriculum, and operating procedures.
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Board CompositionLaw requires your board:
Consists of at least 7 or more membersAll members to be residents of the state of SC
50% have a background in K-12 education or businessAt least 50% are elected by the parent body and staff. The other 50% can be appointed. May have up to 2 year terms and may run for more than one term.
According to SECTION 59-40-50 a charter school must:
consist of a board of directors of
seven or more individuals
with the exact number specified in or fixed in accordance with the bylaws. Members of a board of directors
may serve a term of two years
, and may serve additional terms. A choice of the membership of the board must take place every two years.
Fifty percent of the members of the board as specified by the bylaws must be individuals who have a background in K‑12 education or in business
, and the bylaws of the charter school also must provide for the manner of selection of these members. In addition, at
least fifty percent of the members of the board as specified by the bylaws must be elected
by the employees and the parents or guardians of students enrolled in the charter school. Parents or guardians shall have one vote for each student enrolled in the charter school.
All members must be residents of the State of South Carolina
. A person who has been convicted of a felony must not be elected to a board of directors. If the board of directors consists of an odd number of members, the extra member must be an individual who has a background in K‑12 education or in business;
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Elections and Appointments
The process for elections and appointments should be clearly defined in the charter and bylaws. Elections may be done electronically or on paper, but is determined by what is in the charter and bylaws. The terms should be staggered so an entire board does not rotate off at the same time. All board members will have no more than two year terms, but may be re-elected or reappointed for additional terms.At least fifty percent of the members of the board as specified by the bylaws must be elected by the employees and the parents or guardians of students enrolled in the charter school.
Parents or guardians shall have one vote for each student enrolled in the charter school. 11Slide12
Board Structure
Must reflect your bylaws – if you want to change it, it must amend bylaws and get approval from your sponsor as it is a material change. You may be able to make some adjustments through board resolution.
Board OfficersChairperson/President
Vice Chair/Vice President
Secretary
Treasurer
Committees-
-what is in your bylaws?
Board Development Committee—
Look at gaps in skills on the board
Finance Committee
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Who is ultimately responsible for the school?
The key to effective governance lies in effective policy-making. It is not about the board controlling more or less, but controlling the right things in the right way.
The board must hold the school leader strictly accountable for the policies it has stated.The board cannot hold the school leader accountable for the policies it has not stated, nor can it take on responsibilities that belong to the staff and administration.
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Board Governance Training is required of all charter school board members.
State Required OrientationSection 59-40-155. Within one year of taking office
, all persons elected or appointed as members of a charter school board of trustees after July 1, 2006, shall complete successfully an orientation program in the powers, duties, and responsibilities of a board member including, but not limited to, topics on policy development, personnel, instructional programs, school finance, school law, ethics, and community relations. The orientation must be provided at no charge by the State Department of Education or an association approved by the department.
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General Standards for Directors Charter schools must follow state and federal non-profit laws as well.
SECTION 33‑31‑830. General standards for directors. (a) A director shall discharge his duties as a director, including his duties as a member of a committee: (1) in good faith; (2) with the care an ordinarily prudent person in a like position would exercise under similar circumstances; and (3) in a manner the director reasonably believes to be in the best interests of the corporation.
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Framework for Success
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Charter School Governing Board
A board has one touch point with the day to day operations.
SponsorSlide17
FOIA
As public schools, charter schools are subject to the requirements of the SC FOIAMeeting takes place only if a quorum is presentA quorum is a simple majorityRemember board approved minutes are public recordOpen Meetings—all charter board meetings must be open to the public unless there is a valid legal reason to go into executive session.
SC Freedom of Information Act: http://www.scstatehouse.gov/code/t30c004.phpNonprofit Act: http://www.scstatehouse.gov/code/t33c031.php
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FOIA - New for 2015:
Posting on Website and Printed Version and Need a 2/3s vote to amend and a finding that is an emergency or exigent circumstance. Effective June 8, 2015, the requirements for notice and agendas of meetings of public bodies have been amended under the Freedom of Information Act, 30-4-80. For the full text of the new law, please click here.Here are a few important items: Agendas are required for all regular and special meetings and must be posted on a bulletin board in a publicly accessible place in the charter school’s administrative office or meeting place, and provided to requesting media and other persons at least 24 hours in advance of the meeting. This is a technical change, in that it requires a printed agenda even for regular meetings be posted and available at least 24 hours before the meeting.
The agenda must also be posted on the public body’s website, if it has one. This is a brand new requirement. Note that posting on the website is required in addition to posting on a bulletin board and notifying the media.Once an agenda is posted, additional items may added be to the agenda (a) at least 24 hours in advance of the meeting, following the steps outlined in 1 and 2 above, or (b) added to the agenda at the meeting in question if approved by a 2/3 vote of the members of the governing body present and voting at that meeting.In the event that an item proposed to be added to an agenda would constitute final action on the matter, or if the item is one in which there has not been and will not be an opportunity for public comment with prior public notice given (in accordance items 1 and 2 above) prior to final action, then that item may only be added to the agenda by (a) a 2/3 vote of the members present and voting and (b) a finding by the body that an emergency or an exigent circumstance exists if the item is not added to the agenda.
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Reasons for Executive Session – per SC FOIA
30-4-60. Meetings of public bodies shall be open.Every meeting of all public bodies shall be open to the public unless closed pursuant to Section 30-4-70 of this chapter.30-4-70. Meetings which may be closed; procedure; circumvention of chapter; disruption of meeting; executive sessions of General Assembly. A public body may hold a meeting closed to the public for one or more of the following reasons:Discussion of employment, appointment, compensation, promotion, demotion, discipline, or release of an employee, a student, or a person regulated by a public body or the appointment of a person to a public body;
however, if an adversary hearing involving the employee or client is held, the employee or client has the right to demand that the hearing be conducted publicly. Nothing contained in this item shall prevent the public body, in its discretion, from deleting the names of the other employees or clients whose records are submitted for use at the hearing. Discussion of negotiations incident to proposed contractual arrangements and proposed sale or purchase of property, the receipt of legal advice where the legal advice relates to a pending, threatened, or potential claim or other matters covered by the attorney‑client privilege, settlement of legal claims, or the position of the public agency in other adversary situations involving the assertion against the agency of a claim. Discussion regarding the development of security personnel or devices. Investigative proceedings regarding allegations of criminal misconduct.
Discussion of matters relating to the proposed location, expansion, or the provision of services encouraging location or expansion of industries or other businesses in the area served by the public body.
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Executive Session - Which Action Can Be Taken?
Before going into executive session the public agency shall vote in public on the question and when the vote is favorable, the presiding officer shall announce the specific purpose of the executive session. As used in this subsection, "specific purpose" means a description of the matter to be discussed as identified in items (1) through (5) of subsection (a) of this section. However, when the executive session is held pursuant to Sections 30‑4‑70(a)(1) or 30‑4‑70(a)(5), the identity of the individual or entity being discussed is not required to be disclosed to satisfy the requirement that the specific purpose of the executive session be stated. No action may be taken in executive session except to (a) adjourn or (b) return to public session. The members of a public body may not commit the public body to a course of action by a polling of members in executive session
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What if there is a quorum outside of a board meeting?
FOIA: No chance meeting, social meeting, or electronic communication may be used in circumvention of the spirit of requirements of this chapter to act upon a matter over which the public body has supervision, control, jurisdiction, or advisory power. Do not conduct discussions over email or on the phone. You can all be at a school function. Do not conduct business or discuss any board related matters.
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Wait, what about Subcommittees?
(c) Subcommittees, other than legislative subcommittees, of committees required to give notice under subsection (a), must make reasonable and timely efforts to give notice of their meetings.
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So, where and when does the business of the charter school board take place?
Not appropriate board meeting locations: Not on FacebookNot in emailNot on an impromptu phone call with other board membersNot in the parking lot before and after meetingsNot in carpool line
STOPYes – We are having a meeting. We meet all of these:Yes, we are in a public space that was announced.Yes, we met all FOIA requirements including the posting of the meeting.Yes, we have a quorum.GO23Slide24
Legal and Ethical ExpectationsUpdated 2015
Updated Language: Charter school boards and employees must: “(11) be subject to the ethics and government accountability requirements for public members and public employees as contained in Chapter 13, Title 8. For purposes of this subsection, employees of the charter school board are considered public employees. The charter contract in accordance with Section 59‑40‑60(B) must contain a statement of assurance of ethical compliance on behalf of the school.”
http://www.scstatehouse.gov/sess121_2015-2016/prever/4084_20150602.htmState Ethics Act and Code of ConductNo person can use their official position for economic gain for himself or family.No person can use their position to influence a governmental decision. You cannot endorse candidates!Link to State Ethics Act: http://www.scstatehouse.gov/code/t08c013.php
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Nepotism
SECTION 8-13-750. Employment, promotion, advancement, or discipline of family member of public official, member, or employee. [SC ST SEC 8-13-750](A) No public official, public member, or public employee may cause the employment, appointment, promotion, transfer, or advancement of a family member to a state or local office or position in which the public official, public member, or public employee supervises or manages. (B) A public official, public member, or public employee may not participate in an action relating to the discipline of the public official's, public member's, or public employee's family member. HISTORY: 1991 Act No. 248, § 3, eff. January 1, 1992 and governs only transactions which take place after December 31, 1991.
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Charter Contract
SECTION 59‑40‑40. Definitions. (9) "Charter school contract" means a fixed term, renewable contract between a charter school and a sponsor that outlines the roles, powers, responsibilities, and performance expectations for each party to the contract. SECTION 59‑40‑60.(B) A contract between the charter school and the sponsor must be executed and must reflect all provisions outlined in the application as well as the roles, powers, responsibilities, and performance expectations for each party to the contract. A contract must include the proposed enrollment procedures and dates of the enrollment period of the charter school. All agreements regarding the release of the charter school from school district policies must be contained in the contract. The Department of Education shall develop a contract template to be used by charter schools and the sponsor. The template must serve as a foundation for the development of a contract between the charter school and the sponsor.
(C) A material revision of the terms of the contract between the charter school and the sponsor may be made only with the approval of both parties. Remember: The charter application remains the guiding document.The contract is the signed agreement between the two boards – the Sponsor and the School. This will be developed upon approval or renewal.
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I thought charters are exempt from state and federal laws?
Well…
SECTION 59‑40‑50. Exemption; powers and duties; admission to charter school. (A) Except as otherwise provided in this chapter, a charter school is exempt from all provisions of law and regulations applicable to a public school, a school board, or a district, although a charter school may elect to comply with one or more of these provisions of law or regulations.
According to SECTION 59-40-50
there are certain things you MUST do.
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Charters follow the same Health,
Safety,Civil Rights,and Disability Rights
According to SECTION 59-40-50 there are certain things you MUST do.A charter school must: adhere to the same health, safety, civil rights, and disability rights requirements as are applied to public schools operating in the same school district or, in the case of the South Carolina Public Charter School District or a public or independent institution of higher learning sponsor, the local school district in which the charter school is located;
Example: Providing school lunch that meets federal requirements? Do you have a nutrition plan policy with related procedures that meet federal requirements?
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Board Fiduciary Responsibilities
Sound Fiscal policies and managementRealistic and accurate budget creationClose oversight by multiple partiesMake adjustments when necessaryAlways ask questions—NEVER assume absolute expertise
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Exempt from Property Tax if school is Renting or Owning
H4871 provides property tax exemption for charters renting from for-profit landlords. http://www.scstatehouse.gov/sess120_2013-2014/prever/4871_20140520.htm
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Role on the board - Building Capacity of the Charter School while avoiding possible closure.
Be excellent stewards of public funds. Allocate resources responsibly and aligned with the mission of the school. Create clear systems of checks and balances. Understand your budget – have a balanced budgetEnsure: adequate cash flow
compliance with state/federal laws regarding fundingmaintenance of auditable financial recordsFinancial Viability is a MUST!Slide32
Removal of Board Member
Your bylawsSection 59-40-70
SECTION 59‑40‑75. Removal of sponsor or member of district or governing board; prosecution. (A) A member of the South Carolina Public Charter School District or of the governing board or sponsor of the charter school who is indicted in any court for any crime, or has waived the indictment if permitted by law, may be suspended by the Governor, who shall appoint another in his stead until he is acquitted. In case of conviction, the office must be declared vacant by the Governor and the vacancy filled as provided by law.
(B) A member of the South Carolina Public Charter School District or of the governing board of the charter school who is guilty of
malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity
may be removed from office by the Governor. Before removing the officer, the Governor shall inform him in writing of the specific charges brought against him and give him an opportunity on reasonable notice to be heard.
(C) Whenever it appears to the satisfaction of the Governor that probable cause exists to charge a member of the South Carolina Public Charter School District or of the governing board of the charter school who has the custody of public or trust funds with
embezzlement or the appropriation of public or trust funds to private use
, then the Governor shall direct his immediate prosecution by the proper officer.Slide33
Ready to Jump In?
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Questions?
Contact information Carol.Aust@sccharterschools.org 800-691-7133
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Charter Schools are public schools.Charter Schools are governed by non-profit boards. Great charter boards make great schools possible for students.