Charter School Institute
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Email: csi_info@csi.state.co.us
CSI School Board Newsletter
Winter 2017
Executive Session
As a follow up to the September Quarterly Board Newsletter where we provided an overview on Colorado Open Meetings Law requirements, please find the following overview on Executive Session.

We hope this information will make your work on school boards more efficient, impactful, and enjoyable. 

Be on the look out for the next CSI quarterly newsletter coming your way March 2018 !

Missed the first Quarterly Board Newsletter? Access it here
Upcoming Events for School Board Members
Board to Board Networking Opportunities
CSI will be hosting board to board networking events in conjunction with its winter and spring Regional Meetings in the Denver metro area, Colorado Springs, and the Western slopes.

These events offer opportunities to connect with members of the CSI Board, members of other CSI school boards as well as access to training. Check out the agenda's below:
Please mark these dates in your calendar and register below as we'd love to see you!
Western Slope Board Training
Date: December 8, 2017
Location: Two Rivers Community School (195 Center Dr., Glenwood Springs, CO 81601)
Time: 3:45pm-6:00pm
Denver Board Training
Date: December 14, 2017
Location: The Pinnacle Charter School (1001 W. 84th Ave., Federal Heights, CO 80260)
Time: 3:45pm-6:00pm
Colorado Springs Board Training
Date: December 15, 2017
Location: Colorado Military Academy (360 Command View, Colorado Springs, CO 80915)
Time: 3:45pm-6:00pm
Board Training Webinar
Last September, CSI hosted a webinar that focused on important information school boards need to know, including School Performance Frameworks, CSI's Annual Review of Schools and Governance policies.
Access to that webinar can be found here.
Save the Date!

February 28, 2018: CSI School Leaders Meeting
  • This is a valuable opportunity for school leaders and school board members within the CSI portfolio to network and discuss best practices. For more information, contact Clare Vickland.

March 1-2, 2018: Colorado League of Charter Schools 2018 Conference
  • The Colorado Charter Schools Conference is one of the most comprehensive professional development opportunities for new and veteran charter public school staff, boards, administrators and teachers. Attendee Registration is open!
Executive Session
Each charter school governing board will inevitably have to enter into Executive Session to discuss a confidential matter. Issues relating to how to properly enter into and hold Executive Sessions have gained increased attention with recent court cases involving charter school governing boards.

Charter school governing boards are considered "local public bodies" pursuant to Colorado Open Meeting Laws ("COML"). C.R.S. 24-6-402 . In accordance with the COML, there are specific requirements relating the topics that warrant entering into Executive Session, how to enter into Executive Session, and record keeping for the sessions.
Statutory Requirements for Executive Session
A charter school governing board can only enter into Executive Session for the specific reasons set forth in C.R.S. 24-6-402(4)(a)-(h).
These include:

(a) The purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest;
  • Exception: No executive session shall be held for the purpose of concealing the fact that a member of the local public body has a personal interest in such purchase, acquisition, lease, transfer, or sale;

(b) Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions.
  • Note: The mere presence or participation of an attorney at an executive session of the local public body is not sufficient to satisfy this requirement.

(c) Matters required to be kept confidential by federal or state law or rules and regulations.
  • Note: The board must announce the specific citation of the statutes or rules that are the basis for such confidentiality before holding the executive session.

(d) Specialized details of security arrangements or investigations, including defenses against terrorism, both domestic and foreign, and including where disclosure of the matters discussed might reveal information that could be used for the purpose of committing, or avoiding prosecution for, a violation of the law.

(e) (I) Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators.

(f) (I) Personnel matters
Exceptions:
  • If the employee who is the subject of the session has requested an open meeting,or if the personnel matter involves more than one employee, all of the employees have requested an open meeting;
  • Discussions concerning any member of the board or the appointment of a person to fill the office of a member of the board; or
  • Discussions of personnel policies that do not require the discussion of matters personal to particular employees.

(g) Consideration of any documents protected by the mandatory nondisclosure provisions of the "Colorado Open Records Act";
  • Exception: All consideration of documents or records that are work product as defined in section 24-72-202 (6.5) or that are subject to the governmental or deliberative process privilege shall occur in a public meeting unless an executive session is otherwise allowed;
  • Note: More information on the records that are protected by the Colorado Open Records Act, please see C.R.S. 24-72-204 and the additional resources that are listed below.

(h) Discussion of individual students where public disclosure would adversely affect the person or persons involved.
Rules & Procedures Relating to Executive Session
The COML sets forth specific procedures and rules relating to Executive Session:

Entering into Executive Session:
  1. The board must (a) announce the topic for Executive Session, (b) provide as much detail of the matter to be discussed as possible without compromising the purpose for which Executive Session is entered, and (c) give the specific citation to the statutory provision allowing Executive Session;
  2. The board much have an affirmative vote of two-thirds of the quorum present in order to enter Executive Session;
  3. Non-board members must be invited into Executive Session;

During Executive Session:
  1. The board can only discuss the specific topic announced in the Executive Session;
  2. The board cannot adopt any proposed policy, position, resolution, rule, regulation, or formal action during Executive Session (with the exception of the review, approval, or amendment of the minutes of a previously recorded Executive Session);

Record Keeping:
  1. The Executive Session must be electronically recorded unless (a) it involves the discussion of individual students where public disclosure would adversely affect the person(s) involved; or, (b) in accordance with C.R.S. 24-6-402(2)(d.5)(II)(B), the board's attorney is present and in his/her opinion the discussion constitutes privileged attorney-client communication;
  2. Recordings must be maintained for at least 90 days following the Executive Session; and
  3. The minutes from the meeting must indicate the topic of discussion at the Executive Session AND any non-board members who attended the Executive Session.
Executive Session Additional Resources
It is critical that board members understand the legal requirements pertaining to Executive Sessions and proper procedures pertaining thereto. For more information, please see the following resources:

Critical Happenings
Accountability

CARS 2.0 Report Release
The CSI Annual Review of Schools (CARS) Reports have been completed and released to CSI schools. This is the first CARS Report using the revised performance frameworks (CARS 2.0) and contains new information for schools regarding the school's academic, organizational, and financial performance. We will provide support reading and interpreting the CARS Report to school leaders and school boards. If needed, feel free to review the  CARS Handbook on the CSI website.

For further information, contact Ryan Marks
Finance
October Pupil Count
October pupil count will be finalized by the state this month and will determine the per pupil funding true up for each school (increases or decreases in funding tied to variances in actual funded pupil counts and projected funded pupil counts). This true up will occur beginning in January 2018. If you have any questions, please contact Amanda Karger .
Mill Levy Update
CSI's $5.5 million request for equitable funds for CSI schools was included in the Governor's FY 2018-19 budget request. Governor Hickenlooper's request would be a small step toward closing the $18 million gap between CSI charter schools and what district charter schools are projected to receive starting in 2020.

*Please note that the request amount is $5.5M. Due to the State's accounting of transfers between funds, the amount is double-counted, and is at times referred to as $11M.

The next stop for the request is the Joint Budget Committee (JBC) then onto the full legislature as part of the long bill deliberations.

The request will be discussed at the following JBC meetings:

  • JBC Briefing: December 11th, 1:30pm-5:00pm
  • JBC Hearing: December 19th, 1:30pm-5:00pm

**Listen online here

Also, check out the article shown above posted on Chalkbeat that shared how two CSI schools would benefit from the mill levy equalization funding.
Student Services

Be on the lookout for the NEW Student Services Screener scheduled to be released January 2018!
Legal & Policy
Organizational Submissions & Audits
Each school leader has received feedback on the 2017-18 Organizational Submissions and Audits, which may result in certain school policies requiring revisions. More information about the submissions and audits is available on the Organizational Submissions page of the CSI website.
Key Terms of the Charter Contract
 The Charter Contract is held between the CSI Board of Directors and each school's board of directors. Ultimately, it is the responsibility of each school's board to ensure that the school is meeting academic, financial and operational requirements, and many of these requirements are set forth in the charter contract. It is strongly encouraged that board members familiarize themselves with the terms of the charter contract; review Key Terms of the Contract here!
A Closer Look: School Board Roles and Responsibilities
In addition to providing reminders and updates from CSI's staff and board, these quarterly school board newsletters will include a standing section from CSI's School Support Consultant, John Brendz a. John has extensive experience in school leadership, serving in school leadership roles for over 30 years, with 7 of those years serving as a school leader at a CSI school.

This month, John focuses on School Board Members Roles and Responsibilities: When it comes to successful charter schools, those achieving their mission and improving student achievement, there are two elements present in every example: a high performing board and an effective school leader. There is a direct correlation between the school's success and the board and school leader's effectiveness.  Read more...
General Resources
CSI continues to build upon the resources available to CSI school board members. Some of the key resources are highlighted below:
 CSI maintains a webpage dedicated to resources for CSI school board members. Materials will be regularly updated and added to throughout the year, so bookmark this page, and return to it often! These materials are maintained by CSI's Director of Legal and Policy, Trish Krajniak .
CSI maintains a BoardDocs website, which houses information regarding CSI's Board, materials for Committee and Board meetings, and a library of CSI policies. These materials are maintained by CSI Communications Coordinator and Board Liaison, Rachel Hitt .
Charter School Institute
1580 Logan St., Ste. 210
Denver, CO 80203