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Financial Management
          &
     Legal Issues

      Course for Montessori School Management (CMSM)

  For Administrators, Directors, Principals, Heads of Schools, and
        advocates for excellence in Montessori leadership.           1
Introductions



Hello, my name is . . .

What’s yours and what’re you doing?

Bring up Google Doc –>
   “CMSM July 2012 - Financial Notes”


                                          2
Pie Chart for this morning


   Reserves & Investments
                                 Financial Questions
Board Responsibilities
& Structure                        Prepared Financial
                                   Environment
                Budgets
                             Legal Issues



                                                        3
For this morning




                   4
Financial
            Questions

What are your questions?

Let’s list them and who
we think is the one
responsible.


                           5
Financial
                     Questions
  Questions to Think About
1. How are our accounts receivable?
2. How are our accounts payable?
3. How is our plant?
4. Do we have debt? Why?
5. Do we have reserves?
6. Are we on budget?
7. How is enrollment?
8. What’s fundraising like?
9. Are we in compliance?
10. Do we have a multi-year financial plan?
                                              6
Setting the structure


How does the finance process work at your
school?
Who attends Board meetings?

Who are the finance people on your staff?



                                            7
Financial
               Questions
What is a Balanced Business
Buddy?




   Enable               Bean
   r                    Counter   8
Financial
         Questions




Enable          Bean
r               Counter

                          9
Financial
         Questions




Enable          Bean
r               Counter

                          10
Financial
                    Questions
Can you name two requirements for
success?
  Smart                          Healthy
 • Strategy                   • Minimal Politics
 • Marketing                  • Minimal Confusion
 • Finance                    • High Morale
 •                            • High Productivity
    Technolo                  • Low Turnover
    gy
    Which ONE . . . If you had to            11
Financial
                 Questions
A Prepared Environment of
Confidence?

  Organized                Accurate




              Consistent
                                      12
Financial
                  Questions
A Prepared Environment of Honesty &
Trust?

   Third party – annual audit

   Following established policies
   Compliance
   Consistent reporting
                                      13
You Make the Choice


Part 1 – It’s April 4 and the Board passed a
balanced budget in January. Teachers and
parents are clamoring to have the excellent,
part-time Learning Specialist become full-
time. Including benefits, this would mean
that the adopted budget would run a $40K
deficit.


                                           14
Employee Care

                            Care x 3
• Evaluation ≠ Contract   + Fair, Equitable, Transparent
                            TRUST & Prog. Excel.
• Professional Development
          • 1% - 2% of budget
          • Release time
          • Classroom visits - within & outside
          • Professional reading library


                                                   15
Legal Issues

• Laws Particular to Each State
   Bylaws, Contracts, Collections

• Compliances


• Employment Matters


• Enrollment Contracts & Collections


• D & O Liability Insurance
                                             16
Legal Issues

                 Compliances
1) Form 990 – 100 pages, Board review

2) Worker’s Compensation

3) Department of Labor

4) State Department of Education

5) Department of Health
                                            17
Legal Issues

• Laws Particular to Each State
• Intake Checklist – Applications,
    Background Checks &
    References
• Letters of Agreement
• Child Abuse & Mandatory Reporting - article
• Dismissal of faculty or staff
• F&S Policy Manual, TF on Personnel, workman comp,
     no “special cases”

                                                 18
Legal Issues

    Enrollment Contract

• Deposit

A non-refundable, non-transferable deposit (the
"Deposit") in the amount of $_____ must be
submitted with this Contract, unless the
undersigned have already paid the Deposit. The
Deposit will be subtracted from the Tuition owed.
Failure to timely pay the Deposit will result in the
School withdrawing its offer of enrollment.
                                                       19
Legal Issues

                   Enrollment Contract

Full Year Obligation

This Contract is for the full academic year, and the obligation to pay Tuition
and Fees is unconditional on and after May 1, 2012 and this obligation cannot
be apportioned or mitigated. The School will not make any deductions,
omissions, or refunds for absence, withdrawal, suspension, termination of
enrollment regardless of reason or cause, whenever such reason or cause may
occur, nor will the School characterize any payment of Tuition, Fees or related
charges as a charitable contribution to the School. The undersigned
acknowledge and agree that the School's expenses do not diminish with the
departure or non-enrollment of the Student, and that the School has planned
and budgeted assuming the Student's enrollment for the entire year.
                                                                            20
Legal Issues

                        Enrollment Contract
• Right to Terminate Enrollment / Rules and Regulations
This Contract may be cancelled in writing without penalty (except forfeit of the Deposit) prior to
May 1, 2012.

The School has the discretion to suspend or terminate the enrollment of the Student at any time, or
to nullify this Contract prior to the beginning of the academic year. Such suspension or termination
may result when: (i) a student, parent, guardian, or other person closely associated with the Student
disregards, does not abide by, or fails to meet School rules and expectations, as stated in any
handbook or otherwise; (ii) the School determines that a student's conduct or performance
demonstrates an unwillingness or inability to positively contribute to the School community; (iii) a
parent, guardian, or other individual closely associated with the Student fails to cooperate with
the School or demonstrates an unwillingness or inability to positively contribute to the School
community; or (iv) the School determines that the Student's continued attendance at the School, or
the involvement of a parent or guardian, is not in the best interest of the Student or the School. In
addition, this is only a one-year Contract. An offer of enrollment in [one] year does not ensure an
offer for any subsequent year. The School reserves all rights to refuse to offer any student re-
enrollment in its sole discretion.
                                                                                                     21
Going Forward


• Care for the child
 • Develop your leadership
  • Build a vision with employees
     • Support school mission
      • Promote professional development
         • Recognition
           • Do right                      22
Board Responsibilities




    Type 1                      Type 2
Faculty & Staff
   Fiduciary                   Parents
                               Strategic




                    Type 3
                  Trustees
                  Generative               23
Board Responsibilities



Fiduciary Responsibilities

    • Duty of Care

       • Duty of Loyalty

         • Duty of Obedience

                               Fiduciary
                               Responsibilities



                                                  24
Board Responsibilities


   The SAT Analogy:

Our Board is to our school

as ______ is to ______

                             Fiduciary
                             Responsibilities



                                                25
A, B, Cs of Board
   Responsibilities

____ CEO Performance
____ CEO Support
____ Community
Relations
____ Financial Oversight
____ Fundraising
____ Legal/Ethical
Oversight
____ Mission
____ Monitor
Performance
____ Recruitment           26
Board Structure




                  Fiduciary
                  Responsibilities



                                     27
Board Structure
B




          Bylaws &
          Policies


            Fiduciary
            Responsibilities



                               28
Board Structure



Speaking of “Board” structure. . .


   So, Dad, how do you like the iPad we got you?




                                                   Fiduciary
                                                   Responsibilities



                                                                      29
Board Structure


               Finance
                             Audit
              Committee
                           Management
Investments                  Letter

                            Financial
                             Policies
                               C of I
                               Ethics
                            Investment
                                         30
Board Structure


• Audit process
• PPRRSM
• Regularly reviewed quarterly reports
–
    dashboard show example
• Share portfolio regularly


                                         31
Budget

                                   Budget Cycle
      B y Date                        Task                          W orkers
Last wk of Oct.      Cost Centering with Program        Bus. Mgr. and Prog. Dirs.
                     Directors
Fri., Nov. 11        Budget - 1st Draft with            Bus. Mgr. and Head
                     tuition & salary rates proposal
Fri., Dec. 2         Present to Fin. Com.               Tres., Head and Bus. Mgr.
Tues., Dec. 13       Budget Review – 1st Presentation   Board
Mon., Jan. 6, 2012   Finalize Budget with Fin. Com.     Chair Fin. Com., Head and Bus.
                                                        Mgr.
J an. 10, 2012       B udget Adoption                   B oard
Jan. 13              Re-enrollment Contracts mailed
Feb. 2012            Monitor enrollment/reenrollment    Bus. Mgr., Head, Admissions
                     contracts
Sept. 2012           Revised Budget to Fin. Com.        Chair Fin. Com., Head and Bus.
                                                        Mgr.
Sept. 2012           Adopt Revised B udget              Board
                                                                                      32
Main Budget Drivers


  Compensation & Benefits

• 67% on compensation & Benefits

• Comparables on F&S salaries and benefits

• Approx. 27% dedicate to benefits

• A word on part-time benefits

• FMLA – no salary but benefits

                                             33
Main Budget Drivers




                      34
Main Budget Drivers


Financial Aid (not scholarships)




                                       35
Investments &
               Reserves
• Investment terms
      • Equities, Bonds, Cash
      • Allocations
      • Liquidity
      • Funds
      • Reserves
      • Endowment

• Surpluses – SSIPs process

• Investments – policies, management of, firms
                                            36
Investments – Non $
            assets
• Physical Plant
• Standards
      • Accreditation
      • Admission selectivity
      • Learning Support Resources
• Program & Philosophy
      • Professional Development
      • Montessori Foundation
• Good Marketing & Communications
                                     37
A Few Legal Notes




• Other issues?




                                38
Going Forward


• Care for the child
 • Develop your leadership
  • Build a vision with Board and teachers
     • Support school mission
      • Promote professional development
         • Recognition
           • Do right                        39
Resources


Articles
on flash
drive




           • AMS Website
              • Heads’ Listserve


                                      40
41

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CME Boards & Finances July 2012 Presentation

  • 1. Financial Management & Legal Issues Course for Montessori School Management (CMSM) For Administrators, Directors, Principals, Heads of Schools, and advocates for excellence in Montessori leadership. 1
  • 2. Introductions Hello, my name is . . . What’s yours and what’re you doing? Bring up Google Doc –> “CMSM July 2012 - Financial Notes” 2
  • 3. Pie Chart for this morning Reserves & Investments Financial Questions Board Responsibilities & Structure Prepared Financial Environment Budgets Legal Issues 3
  • 5. Financial Questions What are your questions? Let’s list them and who we think is the one responsible. 5
  • 6. Financial Questions Questions to Think About 1. How are our accounts receivable? 2. How are our accounts payable? 3. How is our plant? 4. Do we have debt? Why? 5. Do we have reserves? 6. Are we on budget? 7. How is enrollment? 8. What’s fundraising like? 9. Are we in compliance? 10. Do we have a multi-year financial plan? 6
  • 7. Setting the structure How does the finance process work at your school? Who attends Board meetings? Who are the finance people on your staff? 7
  • 8. Financial Questions What is a Balanced Business Buddy? Enable Bean r Counter 8
  • 9. Financial Questions Enable Bean r Counter 9
  • 10. Financial Questions Enable Bean r Counter 10
  • 11. Financial Questions Can you name two requirements for success? Smart Healthy • Strategy • Minimal Politics • Marketing • Minimal Confusion • Finance • High Morale • • High Productivity Technolo • Low Turnover gy Which ONE . . . If you had to 11
  • 12. Financial Questions A Prepared Environment of Confidence? Organized Accurate Consistent 12
  • 13. Financial Questions A Prepared Environment of Honesty & Trust? Third party – annual audit Following established policies Compliance Consistent reporting 13
  • 14. You Make the Choice Part 1 – It’s April 4 and the Board passed a balanced budget in January. Teachers and parents are clamoring to have the excellent, part-time Learning Specialist become full- time. Including benefits, this would mean that the adopted budget would run a $40K deficit. 14
  • 15. Employee Care Care x 3 • Evaluation ≠ Contract + Fair, Equitable, Transparent TRUST & Prog. Excel. • Professional Development • 1% - 2% of budget • Release time • Classroom visits - within & outside • Professional reading library 15
  • 16. Legal Issues • Laws Particular to Each State Bylaws, Contracts, Collections • Compliances • Employment Matters • Enrollment Contracts & Collections • D & O Liability Insurance 16
  • 17. Legal Issues Compliances 1) Form 990 – 100 pages, Board review 2) Worker’s Compensation 3) Department of Labor 4) State Department of Education 5) Department of Health 17
  • 18. Legal Issues • Laws Particular to Each State • Intake Checklist – Applications, Background Checks & References • Letters of Agreement • Child Abuse & Mandatory Reporting - article • Dismissal of faculty or staff • F&S Policy Manual, TF on Personnel, workman comp, no “special cases” 18
  • 19. Legal Issues Enrollment Contract • Deposit A non-refundable, non-transferable deposit (the "Deposit") in the amount of $_____ must be submitted with this Contract, unless the undersigned have already paid the Deposit. The Deposit will be subtracted from the Tuition owed. Failure to timely pay the Deposit will result in the School withdrawing its offer of enrollment. 19
  • 20. Legal Issues Enrollment Contract Full Year Obligation This Contract is for the full academic year, and the obligation to pay Tuition and Fees is unconditional on and after May 1, 2012 and this obligation cannot be apportioned or mitigated. The School will not make any deductions, omissions, or refunds for absence, withdrawal, suspension, termination of enrollment regardless of reason or cause, whenever such reason or cause may occur, nor will the School characterize any payment of Tuition, Fees or related charges as a charitable contribution to the School. The undersigned acknowledge and agree that the School's expenses do not diminish with the departure or non-enrollment of the Student, and that the School has planned and budgeted assuming the Student's enrollment for the entire year. 20
  • 21. Legal Issues Enrollment Contract • Right to Terminate Enrollment / Rules and Regulations This Contract may be cancelled in writing without penalty (except forfeit of the Deposit) prior to May 1, 2012. The School has the discretion to suspend or terminate the enrollment of the Student at any time, or to nullify this Contract prior to the beginning of the academic year. Such suspension or termination may result when: (i) a student, parent, guardian, or other person closely associated with the Student disregards, does not abide by, or fails to meet School rules and expectations, as stated in any handbook or otherwise; (ii) the School determines that a student's conduct or performance demonstrates an unwillingness or inability to positively contribute to the School community; (iii) a parent, guardian, or other individual closely associated with the Student fails to cooperate with the School or demonstrates an unwillingness or inability to positively contribute to the School community; or (iv) the School determines that the Student's continued attendance at the School, or the involvement of a parent or guardian, is not in the best interest of the Student or the School. In addition, this is only a one-year Contract. An offer of enrollment in [one] year does not ensure an offer for any subsequent year. The School reserves all rights to refuse to offer any student re- enrollment in its sole discretion. 21
  • 22. Going Forward • Care for the child • Develop your leadership • Build a vision with employees • Support school mission • Promote professional development • Recognition • Do right 22
  • 23. Board Responsibilities Type 1 Type 2 Faculty & Staff Fiduciary Parents Strategic Type 3 Trustees Generative 23
  • 24. Board Responsibilities Fiduciary Responsibilities • Duty of Care • Duty of Loyalty • Duty of Obedience Fiduciary Responsibilities 24
  • 25. Board Responsibilities The SAT Analogy: Our Board is to our school as ______ is to ______ Fiduciary Responsibilities 25
  • 26. A, B, Cs of Board Responsibilities ____ CEO Performance ____ CEO Support ____ Community Relations ____ Financial Oversight ____ Fundraising ____ Legal/Ethical Oversight ____ Mission ____ Monitor Performance ____ Recruitment 26
  • 27. Board Structure Fiduciary Responsibilities 27
  • 28. Board Structure B Bylaws & Policies Fiduciary Responsibilities 28
  • 29. Board Structure Speaking of “Board” structure. . . So, Dad, how do you like the iPad we got you? Fiduciary Responsibilities 29
  • 30. Board Structure Finance Audit Committee Management Investments Letter Financial Policies C of I Ethics Investment 30
  • 31. Board Structure • Audit process • PPRRSM • Regularly reviewed quarterly reports – dashboard show example • Share portfolio regularly 31
  • 32. Budget Budget Cycle B y Date Task W orkers Last wk of Oct. Cost Centering with Program Bus. Mgr. and Prog. Dirs. Directors Fri., Nov. 11 Budget - 1st Draft with Bus. Mgr. and Head tuition & salary rates proposal Fri., Dec. 2 Present to Fin. Com. Tres., Head and Bus. Mgr. Tues., Dec. 13 Budget Review – 1st Presentation Board Mon., Jan. 6, 2012 Finalize Budget with Fin. Com. Chair Fin. Com., Head and Bus. Mgr. J an. 10, 2012 B udget Adoption B oard Jan. 13 Re-enrollment Contracts mailed Feb. 2012 Monitor enrollment/reenrollment Bus. Mgr., Head, Admissions contracts Sept. 2012 Revised Budget to Fin. Com. Chair Fin. Com., Head and Bus. Mgr. Sept. 2012 Adopt Revised B udget Board 32
  • 33. Main Budget Drivers Compensation & Benefits • 67% on compensation & Benefits • Comparables on F&S salaries and benefits • Approx. 27% dedicate to benefits • A word on part-time benefits • FMLA – no salary but benefits 33
  • 35. Main Budget Drivers Financial Aid (not scholarships) 35
  • 36. Investments & Reserves • Investment terms • Equities, Bonds, Cash • Allocations • Liquidity • Funds • Reserves • Endowment • Surpluses – SSIPs process • Investments – policies, management of, firms 36
  • 37. Investments – Non $ assets • Physical Plant • Standards • Accreditation • Admission selectivity • Learning Support Resources • Program & Philosophy • Professional Development • Montessori Foundation • Good Marketing & Communications 37
  • 38. A Few Legal Notes • Other issues? 38
  • 39. Going Forward • Care for the child • Develop your leadership • Build a vision with Board and teachers • Support school mission • Promote professional development • Recognition • Do right 39
  • 40. Resources Articles on flash drive • AMS Website • Heads’ Listserve 40
  • 41. 41

Editor's Notes

  1. 9:00-10:30 Financial Management and Legal Issues (everyone) Break 10:30-11:00 11:00-12:30 Continued with the independents school administrators. Bretta will take the public school administrators to another room for a focus on PS issues 12:30-1:30 Lunch 1:30-3:00 Fundraising Full group
  2. Have Google Doc up and running.
  3. Use Group-think. Form into groups of 4 and agree upon 2 questions you might want answered. List them on newsprint.
  4. Sarah Daignault questions Let’s make sure we answered all of the important questions . . . beyond yours
  5. Who attends Board meetings? Staff, parents?
  6. Who attends Board meetings? Staff, parents?
  7. Who attends Board meetings? Staff, parents? ----- Meeting Notes (7/16/12 20:00) ----- What happens when the BBB is heavy on bean counting?
  8. Who attends Board meetings? Staff, parents? ----- Meeting Notes (7/16/12 20:00) ----- What happens when the BBB is heavy on enabling?
  9. “ If I had to choose one, it would be ‘Healthy’ because healthy organizations can always get smart, but smart orgs. don’t necessarily get healthy.
  10. Orderly, accurate, consistent ----- Meeting Notes (7/16/12 20:00) ----- The organization of a Montessori environement lends itself to good business practices.
  11. Ronan’s honesty on “you’re so old.” Let audits, policies, compliance, and diligence lead the way
  12. Benefits @ 26% of base Paste into Finance Google Class Worksheet - https://docs.google.com/document/d/1rJvnbxHbzejXbFwl6EiZDeDheGeiATCwg9n-IURIsw4/edit
  13. “ Care x 3” 1 - Compensation & Benefits 2 – Professional development 3 – Work environment
  14. Background checks Contract between the school and the parent. Always refer to “the school” not in the first or third person, i.e when talking about non-refundable, non-transferable
  15. Background checks 2) Dept. of Labor – Unemployment Comp – self-insure? Contract between the school and the parent. Always refer to “the school” not in the first or third person, i.e when talking about non-refundable, non-transferable
  16. Have legal counsel review LoA, Policy Manual on a regular basis Contract between the school and the employee 30-day termination does not give free license to dismiss Different with public and non-public as far as union goes, but should not be different regarding care of employees – Building TRUST ----- Meeting Notes (7/17/12 20:02) ----- Read from F&S Manual and LoA
  17. Discuss how to set deposit amount, 1) 12%, fin aid recipients @ max of $2K, etc. Always refer to “the school” not in the first or third person
  18. Beofore we get into Part 2, I want you to think about a few items . . . Do right ----- from “Better: A Surgeon’ Notes on Performance” by Atul Gawande
  19. Children at the center BUT also Montessori. Strategic – how to collaborate with staff in achieving the mission and goals of the school
  20. Care for assets of school
  21. air traffic controller is to a pilot
  22. In groups, rate on a scale of A, B, C how Boards do in their responsibilities. Responsibilities listed alphabetically.
  23. ----- Meeting Notes (7/17/12 20:02) ----- Recently answered question for reaccreditation
  24. Provision for Plant Renewal, Replacement and Special Maintenance Account
  25. Meeting harvey is my way of saying “Let’s have some fun this morning.”
  26. Family & Medical Leave Act
  27. Have policies well documented
  28. Mention fiduciary – care of organization’s assets
  29. Discuss clause on
  30. Beofore we get into Part 2, I want you to think about a few items . . . Do right ----- from “Better: A Surgeon’ Notes on Performance” by Atul Gawande