Bylaw Criteria for Charter Schools - Interesting....

We came across the criteria for the creation of bylaws for Massachusetts Charter Schools. This information is located at http://www.doe.mass.edu/charter/governance/bylaws.pdf. We would be very interested in seeing MVRCS's Bylaws but we're pretty sure access to those are prohibited!

As usual, our comments are in red.

CHARTER SCHOOL NAME: ______________________________________________

Please use the following checklist to guide the creation of your charter school bylaws. Please record in the left column the section or page number of each of the required elements within your draft bylaws document.

	1.      State the name and purpose of the school and that the school is a public school.	M.G.L. Chapter 71,  Section 89(c)
	2.      State that the name of the school must include the words 'charter school' as part of its name.	M.G.L. Chapter 71,  Section 89(k)(1)
	3.      Cite M.G.L. Chapter 71, Section 89. This can be found in its entirety at http://www.doe.mass.edu/boe/docs/0510/item6a_ch71s89.pdf MGL Chapter 71, Section 89
	4.      State that the board of trustees holds the charter granted by the Commonwealth of Massachusetts.	M.G.L. Chapter 71,  Section 89(c)
	5.      State that the board of trustees of a charter school is a public entity, which operates independently of a school committee.	M.G.L. Chapter 71,  Section 89(c)
	6.      Remember that the bylaws should not refer to the school as a non-profit corporation, a charitable organization, a 501(c) (3), or use descriptions indicating that the school is anything other than a public entity.
	7.      State that the individual board members are considered special state employees.	M.G.L. Chapter 71,  Section 89(c)
	8.      State that the board is a public employer for the purposes of tort liability (M.G.L. Chapter 258) and for collective bargaining purposes (M.G.L. Chapter 150E).  'Collective Bargaining' - unionizing? Even though Neil Kinnon would PERSONALLY close the school if the teachers sought out the union? He probably has NOTHING to worry about as the teachers leave faster than a union could get in there!	M.G.L. Chapter 71,  Section 89(y)
	9.      In Horace Mann charter schools, state that the school committee is the public employer for collective bargaining purposes under M.G.L. Chapter 150E.	M.G.L. Chapter 71,  Section 89(y)
	10.  State that the board of trustees may not discriminate against potential members on the basis of race, color, national origin, creed, ancestry, ethnicity, age, gender identity, religion, martial status, sexual orientation, or non-disqualifying handicap or mental condition. What new members exactly? Oh, that's right at other charter schools the board members come and go (and the school survives) but NOT at MVRCS!	M.G.L. Chapter 71, Section 89(f)
	11.  Specify that public notice be given of the date, time and location of all meetings in accordance with the law pertaining to the open meetings of governmental bodies.	M.G.L. Chapter 30A, Sections 18-25
	12.  Specify that detailed, accurate records of every meeting be adopted and kept in accordance with the law pertaining to the open meetings of governmental bodies.  Has anyone ever seen any of these 'detailed, accurate records of every meeting'? Do they include Kinnon's threats and berating of parents? What about those 'Executive Session' minutes?	M.G.L. Chapter 30A, Sections 18-25
	13.  Stipulate the situations under which an executive session may take place.  Oh, that's right, they can't just go into Executive Session whenever they want - ONLY UNDER CERTAIN CIRCUMSTANCES. Plus, although these minutes are limited to release, they are only limited so long as what was being discussed is still in the works. So that would probably mean that the minutes from 2003, 2004, 2005, etc should be open for review.....Yeah, not likely.	M.G.L. Chapter 30A, Section 21(a)
	14.  State that trustee participation occurs in person for the purpose of a quorum or vote.
	15.  Specify the minimum and maximum number of trustees required on the board.
	16.  Specify that action by the board requires a majority vote of a quorum of seated trustees and, to the degree required, specify the situations for which approval may require a special majority.
	17.  Define the number of years that shall constitute a board member’s term.  You mean a term is not lifelong?
	18.  Set a specific, reasonable, limit on successive or total terms that a member may serve.  Hmmm, a 'specific, reasonable, limit on successive or total terms that a member may serve'......I would be very interested in seeing MVRCS response to THIS ONE!
	19.  State that a formal vote of the board of trustees is required to accept all new members.
	20.  Expressly require a voting employee representative in the board’s composition if the school intends to have any paid employee member(s) serve on the board.  Allow one of the 'monkey' teachers on the Board? Only if they are a Kinnon Friends & Family Club Member!
	21.  Specify the number and titles of officers (e.g., chair, vice-chair, secretary, and treasurer).
	22.  Describe the responsibilities of each officer.  Chairman is the Dictator and everyone must follow his demands. Does that explain it?
	23.  Describe a process for electing officers.  'Electing' - aren't they just appointed by the Dictator himself? Others have a say? Not likely!
	24.  State that the board complies with the state conflict of interest law, M.G.L. Chapter 268A.  This is our favorite....how in the world can this board state they they are in compliance with state conflict of interest laws??? We want to see this one!	M.G.L. Chapter 71, Section 89(u)
	25.  State that board members must disclose any financial interest or business transactions that they (or any immediate family member) have in any charter school in Massachusetts or elsewhere with the state ethics commission, the Department and the city or town clerk within 30 days of joining the board and by September 1 annually, including the year after service is completed (unless service is less than 30 days in that year). 'Financial Interest or Business Transactions' - love the 'or any immediate family members'.....priceless!	M.G.L. Chapter 71,  Section 89(u)
	26.  State that the board of trustees shall request the appointment of a trustee to the board only where the board has no reason to know that the trustee has a financial interest under M.G.L. c. 268A which may preclude a majority of the board from participating in deliberations or voting on certain matters that are expected to come before the board. The board must exercise due diligence prior to determining that a proposed trustee does not have such a financial interest.  City Councilor? Renting property to the city? Using connections and backroom deals to gain privileges for the school? The City Councilor position is paid correct?
	27.  Specify that the school’s fiscal year begins on July 1 (and ends on June 30 of the following calendar year).
	28.  Specify a process for making amendments to the bylaws, subject to the approval of the board of trustees and the Department of Elementary and Secondary Education (additionally, school committee and teacher's union if a Horace Mann charter school).	603 CMR 1.11(2)
	29.  Describe the procedure for responding to any complaints filed with the board of trustees.  Complaints filed with the Board? Nope, not at MVRCS because they don't respond (nicely) to complaints. Never mind the repercussions to the kids! Don't they just ignore any complaints filed? Didn't Neil Kinnon state that he didn't have to hold Open Meetings or allow discussions/Q&A's? Yeah, that would be the schools fearless leader!	M.G.L. Chapter 71, Section 89(ll) 603 CMR 1.10 M.G.L. Chapter 30A, Section 23
	30.  Prohibit the board of trustees from exercising managerial powers over the day-to-day operations of the school. Not allow the Board (or specifically Kinnon) to determine what happens in the school every day? We all know that Dr. McCleary has no say in much of anything and the others follow the barking orders of the Dictator!
	31.  State the ability of the board of trustees to select, appoint, evaluate, and/or remove only the school director(s).
	32.  Specify the process through which a trustee may resign and/or be removed from the board.  Only as a result of Kinnon - he has all the say and power regarding the board!!
	33.  Require that the board of trustees meet at least quarterly.
	34.  Require an annual meeting of the board of trustees.
	35.  Describe the process for the formation of committees and/or task forces.

Charter Schools Failing....

We were forwarded this article and found it interesting and worth passing along as we're of the belief that MVRCS isn't too far behind or too different.


What Happens When Charter Schools Fail (from NPR)

Investigating Charter Schools Fraud In Philadelphia

by NPR Staff

Charter schools are taxpayer-funded schools that are overseen by their own independent boards. Because of their independence, they are allowed to do things that traditional public schools cannot do. School administrators can experiment with things like the length of the school day and the makeup of each school's curriculum.
With that freedom, charter schools have become academic beacons for parents looking to find the best and safest schooling options for their children. But the system's lack of oversight has also created problems. In recent years, there have been investigations in states, including California, Texas, Ohio and Pennsylvania, which found charter school CEOs taking money from their own schools, putting unqualified relatives on their payrolls and engaging in other questionable activities.

On Monday's Fresh Air, Philadelphia Inquirer reporter Martha Woodall details her ongoing investigation into Philadelphia's charter school system, where 19 of the 74 charter schools operating in the city are under investigation for fraud, financial mismanagement and conflicts of interest.

More By Martha Woodall

Read Martha Woodall's Charter Schools Series In The Philadelphia Inquirer

Corruption And Fraud
At one school, the Philadelphia Academy Charter School, parents raised concerns in 2008 after school administrators told them that there was no money available for special education students.
"The school kept saying 'We don't have money [for these students],' " Woodall tells Fresh Air's Terry Gross. "However, there was money being spent on all kinds of other issues. [When parents] raised questions at the Board of Trustees meetings, [they] were basically told, 'We don't want you asking questions.' "

Ultimately, both the founding CEO of Philadelphia Academy Charter School and his successor were charged with stealing almost $1 million from the school's coffers, including money students had collected for a Toys for Tots campaign. The two men — one of whom had only a high school education — also allegedly engaged in questionable real estate deals. As a result, the high school paid rent money for its facilities directly to them.
"They charged really high rental rates for the school to use the building and then they accumulated money through the higher rates," she says. "They were using taxpayer money that was supposed to go to the school for other purposes."
In addition, both the school's founding CEO and his successor had relatives on the school's payroll. The founding CEO's wife was the head of the board of trustees.
"They were making more money and supervising people who had far more experience and more credentials than they had," she says. "In order to keep the school open, the Philadelphia School District required the top administrators to leave and required a replacement of the board, and the board then basically fired all of the relatives. They wanted to sever all ties with all of the families involved."

But Philadelphia Academy Charter School wasn't the only charter school in Philadelphia with ethical and financial problems.
"We've had cases here where large numbers of family members are on the payroll and [other instances where there were] contracts awarded to relatives and friends that include leases on luxury cars," she says. "Part of the problem that we have found is that the boards that are overseeing some of these schools are not involved as deeply as they should be. ... They may be friends of the CEO and therefore they're reluctant to provide the type of oversight that they should be providing."
School districts are supposed to monitor charter schools' academic progress. In the Philadelphia School District, says Woodall, there are seven people overseeing all 74 charter schools in the district — but that office will soon be halved owing to budget cuts.
"You have so few people keeping track of the charter schools," she says. "They don't have opportunities to go out and visit the schools and pay too much attention until the charters are up for renewal. So that gives several years in between where people can get away with things."

Charter Schools in the News….

         This month charter schools in general and Mystic Valley Regional Charter School have been in the news. In the beginning of March the Department of Elementary and Secondary Education (DESE) approved 16 applications for new charter schools (Boston Globe - 16 New Charter Schools Approved). While many may question our position on charter schools, we must state that we are generally proponents of the concept of charter schools. What we oppose is the opening of educational facilities that are either not required to follow the laws that govern them or the DESE doesn’t have the ability or willingness to ensure compliance. Although charter schools have always been required to accommodate both Special Education students and English Language Learners, a new law now requires applicants to meet the academic needs of these student populations and must demonstrate past success in doing so. Many Special Education and English Language Learner advocates believe that this requirement is largely ignored within charter schools. Additionally, while we have had our own experiences (and heard from many other individuals) with the DESE and their inability or unwillingness to enforce their own laws, it seems that the future outlook is not promising:

 “Jerry Mogul, Executive Director of Massachusetts Advocates for Children, who testified on behalf of children with disabilities yesterday, said the state board shared some of the advocates’ concerns, but “they only offered vague promises of monitoring. We were disappointed that they didn’t really offer any kind of concrete remedy.’’

 

       If the DESE is referring to the manner in which they currently handle MVRCS blatant disregard for the laws that govern charter schools, then one can only imagine what their ‘promises of monitoring’ will include. We are left to believe that the ‘monitoring’ will be less than adequate and that the problems will continue.

        More recently the Boston Globe (Boston Globe Anti-Bullying) and the Melrose Free Press (Melrose Free Press Anti-Bullying) reported on the efforts of schools to meet the new anti-bullying legislation that went into effect last May. All public schools (including charter schools, collaboratives, and special education support groups) were required to submit a plan by the end of 2010, giving them 8 months to complete an adequate plan. The DESE provided each school with a model plan and checklist of what was to be included. According to the DESE, Mystic Valley’s plan was rejected as it was missing at least 25% of the requirements. According to the Boston Globe article, the plan was to include “procedures for reporting and investigating cases of bullying; a range of disciplinary actions against perpetrators; the establishment of support services to provide counseling to victims and aggressors; and staff training to create strategies to prevent and stop bullying.”

We find this interesting and noteworthy as we’ve made it no secret that we feel the school, (specifically Neil Kinnon) use bullying techniques with their teachers and staff. Additionally, we’ve mentioned before (as did a former teacher) how unwilling or incapable the school is in dealing with students emotional issues. Too many times the school has brushed under the carpet issues with students that require attention and/or reporting. If the school is not willing to follow the other laws that govern them, why would the DESE expect them to actually put into place (never mind implement) an anti-bullying prevention plan. We would also be interested in knowing what the required ‘staff training to create strategies to prevent and stop bullying’ included.  We suspect that if it was done (which we doubt) that it was Kathy Kinnon (another bully in our opinion) reading off of a hand out. As a side note, check out how seriously Melrose took this new law in the Melrose FreePress. Unfortunately, we feel that this will be just another law that MVRCS is not held accountable to.

Mystic Valley teacher pay below state average; staff youth, experience cited - The Boston Globe

In today's Boston Globe - Article by Brenda Buoute and Top 50 Ssalaries @ MVRCS

Mystic Valley teacher pay below state average; staff youth, experience cited - The Boston Globe

Top 50 Salaries at MVRCS - The Boston Globe

Mystic Valley lags state pay norm

Director says pay still competitive

By Brenda J. Buote Globe Correspondent / October 24, 2010

At Mystic Valley Regional Charter School in Malden, only three employees earned six-figure salaries last year, and most staff members earned less than half of school director Joseph McCleary’s $166,332 paycheck, according to records released to the Globe.

The average salary for teachers who were among the top 50 earners in 2009 was $50,853, well below the statewide average of $64,166 earned by public school teachers for the 2007-2008 school year, the last year for which Massachusetts figures are available.

Mystic Valley administrators topped the pay list, including assistant director Chris Finn, who earned $113,001 in 2009, and business manager Richard Veilleux, $106,650. McCleary’s 2009 earnings included compensation for moving from Maryland in 2007 to lead the charter school, which has about 1,400 students from Malden, Medford, Melrose, Everett, Stoneham, and Wakefield.

Others in the top 50 earners were two relatives of Malden City Councilor Neil Kinnon, who serves as chairman of the school’s board of trustees, an unpaid position. Neil Kinnon’s brother Greg earned $53,656 in 2009 for his work as facilities manager and nurse. Kathy Kinnon, Neil Kinnon’s sister-in-law, earned $84,658 as special education director, an increase of about 9 percent over 2008, when she earned $77,187.

School officials said Kathy Kinnon’s salary for 2009 included a $1,000 “stay bonus,’’ similar to the pay raises mandated by general public schools in their stepladder approach to determining salaries; a one-time salary increase to ensure Kinnon’s compensation remained competitive with the charter school’s sending districts; and a $3,000 stipend for serving as administrative secretary to the school’s swim team.

A Great Read from the Washington Post

How to fix our schools: A manifesto by Joel Klein, Michelle Rhee and other education leaders

Sunday, October 10, 2010; B01


Joel Klein, chancellor, New York City Department of Education; Michelle Rhee, chancellor, District of Columbia Public Schools; Peter C. Gorman, superintendent, Charlotte-Mecklenburg Schools (N.C.); Ron Huberman, chief executive, Chicago Public Schools; Carol R. Johnson, superintendent, Boston Public Schools; Andrés A. Alonso, chief executive, Baltimore City Public Schools; Tom Boasberg, superintendent, Denver Public Schools; Arlene C. Ackerman, superintendent of schools, the School District of Philadelphia; William R. Hite Jr., superintendent, Prince George's County Public Schools; Jean-Claude Brizard, superintendent of schools, Rochester City School District (N.Y.); José M. Torres, superintendent, Illinois School District U-46; J. Wm. Covington, superintendent, Kansas City, Missouri School District; Terry B. Grier, superintendent of schools, Houston Independent School District; Paul Vallas, superintendent, New Orleans Recovery School District; Eugene White, superintendent, Indianapolis Public Schools; LaVonne Sheffield, superintendent of Rockford Public Schools (Illinois)
As educators, superintendents, chief executives and chancellors responsible for educating nearly 2 1/2 million students in America, we know that the task of reforming the country's public schools begins with us. It is our obligation to enhance the personal growth and academic achievement of our students, and we must be accountable for how our schools perform.
All of us have taken steps to move our students forward, and the Obama administration's Race to the Top program has been the catalyst for more reforms than we have seen in decades. But those reforms are still outpaced and outsized by the crisis in public education.
Fortunately, the public, and our leaders in government, are finally paying attention. The "Waiting for 'Superman' " documentary, the defeat of D.C. Mayor Adrian Fenty, Facebook founder Mark Zuckerberg's $100 million gift to Newark's public schools, and a tidal wave of media attention have helped spark a national debate and presented us with an extraordinary opportunity.
But the transformative changes needed to truly prepare our kids for the 21st-century global economy simply will not happen unless we first shed some of the entrenched practices that have held back our education system, practices that have long favored adults, not children. These practices are wrong, and they have to end now.
It's time for all of the adults -- superintendents, educators, elected officials, labor unions and parents alike -- to start acting like we are responsible for the future of our children. Because right now, across the country, kids are stuck in failing schools, just waiting for us to do something.

So, where do we start? With the basics. As President Obama has emphasized, the single most important factor determining whether students succeed in school is not the color of their skin or their ZIP code or even their parents' income -- it is the quality of their teacher.