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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RELATIONSHIPS
“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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3
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5
6
7
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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3
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.

5
ENSURE the organization continuously improves
and stays viable.
ENSURE the organization is true to its vision,
mission and values.
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7
8
ENSURE the organization operates legally and
ethically.
ENSURE goals are clear and people and programs
are wisely empowered, supported, evaluated and
held accountable.

9
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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0
11
1
2
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

Aligning for Greatness
Develop a Relationship of Mutual
Trust & Respect
Set Clear Performance Expectations –
No Surprises!
1
2
3
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

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

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”

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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2
3

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

Every public body must publish its meeting schedule by January 10th, or within seven days of
its annual organization meeting, whichever is later.
 48-hour Notice:
A 48-hour written notice must be given for any regular, special, adjourned or unscheduled
meeting giving the time, date, location, and as complete of an agenda as known at the
time of the notice. The notice needs to be delivered to at least two previously
designated 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
62

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 of
providing open public meetings in most instances.
Subjects Permitted in Closed Session
63

• 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
65

• Each public body is required to keep reasonably comprehensible minutes
of 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 of
notice.
• For emergency meetings, a statement must be made sufficient to
satisfy 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 weeks
of meeting and at least 3 business days before next meeting.
• For closed sessions, the minutes must be disclosed as soon as
reasonably 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 those
held by means of technology.
Phone Conferences: A quorum of board members, all at their
respective offices or homes, communicate via telephone conference.
• Conclusion: Potential Violation: The public has to be provided with
advanced notice and an opportunity to witness whenever a
quorum of board members gets “together”, physically or
otherwise, to discuss public matters. The inability to provide an
opportunity to witness the conference call will likely result in an
OPMA violation.
OPMA and Technology

Emails:
• One Way E-mails: “One Way Flow of Information”. An email from one
Trustee to all Trustees:
• Conclusion: Will Likely Not Be Considered a Violation: An email from
Trustee 1 to all of the other trustees has been analogized by New
Jersey School Boards Association (“NJSBA”) to the act of sending out
information 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 the
other trustees.
• Conclusion: Violation: Hitting “Reply All” would be similar to using group
instant messaging or real-time chat. There is no ability for the public to
have 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
70

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
71

 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

PART V:
Understanding the Performance
Framework & Renewal

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

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)

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?
Values
What 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
4
1
2
3
Founding Board
Governing Board
Strategic Board
Power Board

PART VII:
Being Ambassadors for Excellence

Five Practices of Exemplary Leaders
107
Model the Way
Inspire a Shared Vision
Challenge the Process
Enable Others to Act
1
2
3
4
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

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

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Editor's Notes