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
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Massachusetts Department of Elementary and Secondary Education
Charter School Statute,
Regulations, and Guidance
 Charter school statute: G.L. c. 71, § 89
 Charter school regulations: 603 CMR 1.00
 The Charter School Administrative and
Governance Guide:
http://www.doe.mass.edu/charter/governance/adminguide.pdf
Currently archived. Corrections and revisions are
pending.
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Massachusetts Department of Elementary and Secondary Education
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.
Massachusetts Department of Elementary and Secondary Education
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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
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Conflict of Interest
Conflict of Interest law: G.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) 485-4766; (617) 371-9500 or
www.mass.gov/ethics
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Massachusetts Department of Elementary and Secondary Education
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.
 Trustees receive this summary via email 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 email. Department and school records of
completion are maintained via the Board Member
Management System.
Massachusetts Department of Elementary and Secondary Education
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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.
 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 email reminders to complete the training
based on their approval anniversary date.
 Trustees must acknowledge completion of training via a
Docusign file linked to the email. Department and school records
of the assurance of completion are maintained via the Board
Member Management System.
Massachusetts Department of Elementary and Secondary Education
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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. 2014
forms were distributed via the Board Member Management
System.
 Disclosure forms for 2015 will also be sent to trustees via email
notifications from the Board Member Management System in the
spring of 2016. Ensure email 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
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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
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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.
 Action Item: Proposed board members will receive an
email 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 email to review and complete:
 Open Meeting Law materials
 Conflict of Interest Summary and Training requirements
Massachusetts Department of Elementary and Secondary Education
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What does it mean to Govern?
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* 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.
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
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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
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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 1.09
 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
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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.
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 Amendment regulations: 603 CMR 1.10
Massachusetts Department of Elementary and Secondary Education
“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.
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Massachusetts Department of Elementary and Secondary Education
Charter Amendment Resources
Resource materials can be found at
http://www.doe.mass.edu/charter/governance
Amendment Guidelines
Charter Amendment Cover Sheet
Board Request Letter Template
Checklists and required elements
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Massachusetts Department of Elementary and Secondary Education
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 1st.
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
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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.)
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Massachusetts Department of Elementary and Secondary Education
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.
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Massachusetts Department of Elementary and Secondary Education
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: http://www.doe.mass.edu/charter/finance/auditing/
 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
http://www.doe.mass.edu/charter/finance/auditing/fpp.html
Massachusetts Department of Elementary and Secondary Education
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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 23
Form to provide actual enrollment data to the day for all students for
tuition purposes.
Massachusetts Department of Elementary and Secondary Education
Enrollment Limitations
 The number of students reported as preenrolled 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
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The Accountability Cycle
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Massachusetts Department of Elementary and Secondary Education
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
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Resources and Information
Our website:
http://www.doe.mass.edu/charter/governance/
Information about:
Amendments
Board of Trustees
Enrollment
Massachusetts Department of Elementary and Secondary Education
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Contact the Department
Alyssa Hopkins
New Schools & Governance
Coordinator
781-338-3219
ahopkins@doe.mass.edu
Alison Bagg
Coordinator of Accountability
781-338-3218
abagg@doe.mass.edu
Massachusetts Department of Elementary and Secondary Education
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