Charter Contract and Performance Framework

1. Charter Contract and Performance Framework

2. Outcomes • Appreciation for how the related parts make a whole • Contract, Frameworks, Monitoring, Renewal • Develop a collaborative approach to the development of the frameworks • How should we proceed?

3. The Charter Contract: Present • Application and Written Agreement • Blueprint for the school; proposed plan • Audience – parents and students, community, sponsor, funders, teachers/recruiting tool • Treating the application as the charter (1/2) has implications on application review • Example - Curriculum: to be developed, if a proposal yes but if charter then no. • Fails to define MATERIALITY

4. The Charter Contract: Proposed • Materiality: something is material if it is relevant and significant to the outcome. • For school and sponsor – the relevant outcome is a renewal decision. • Is the contract term material? Hinges on whether it would be relevant and significant to the sponsor in making a renewal decision.

5. The Charter Contract: Proposed • The embodiment of the autonomy for accountability bargain • Clearly articulates the rights and responsibilities of both parties • School autonomy • Expected outcomes • Measures for evaluating success or failure • Performance consequences and other material terms

6. External Authority • Schools and sponsors operate under the shadow of laws and regulations. • Multi-layered legal framework that includes federal, state, local codes and policies • Contract needs to explicitly identify the state law and regulation with which the school is expected to comply (alt. exempted from)

7. Material Terms: Categories • Recitals • Establishment of School • Operation of School • School Financial Matters • Personnel • Charter Term, Renewal and Revocation • Operation of the Contract • Sponsor Policies

8. Sponsor Policies (Examples) • Performance Frameworks • Pre-Opening Procedures • Financial and Attendance Reporting • Scope of Independent Audit • Comprehensive EMO Contract Req. • School Intervention Protocol • Renewal Decision Making Protocol • School Closure Protocol

9. Consideration in Contract Development • Means and Ends • Shifting from how to what • Fundamental tension – most efforts (Title programs, IDEA, civil rights) focus on procedure • Contract must balance • Each additional requirement constrains flexibility and autonomy. • New regulation vs potential cost

10. Consideration in Contract Development • When to stop • Test whether a term warrants inclusion • Material? • Typical that material changes require amendment • Change facility – yes • Eliminate science focus at a Math and Science Academy – yes • Change textbooks in 6th grade math – no

11. Sponsor Policies: Performance Frameworks • Contract is a COMPLIANCE document • Performance Frameworks – Heart of the Contract

12. Performance Management

13. What is a Performance Framework • Contractual • Expectations for performance and compliance • Enforced through monitoring, evaluating, and intervention and decision-making Autonomy Accountability

14. Performance Framework: Development

15. Review of Existing Practices • Heavy on compliance (how) • Compliance may be performance • Or accepted as a proxy • Materializes in APA • Vast majority of 36 items are operational • Next, financial • Finally, academic • Disconnected • Meaningful?

16. Performance Framework Sections

17. Academic Framework

18. Framework Components

19. Academic Framework • Purpose: determine whether schools are academically successful and effective • Primary Source(s): • State Accountability system • Publicly available information • Action Steps: identify schools that are candidates for • Replication/Expansion • Intervention • Renewal/Nonrenewal • Closure • Transparency: make summary data available to the public

20. Academic PF Considerations • Weightings • Aggregate or not • Must ensure a multidimensional view of performance • Demands on resources – more testing, more data • No reversion to process, focus on outcomes

21. Financial Framework

22. Framework Components

23. Financial Framework • Purpose: assess financial health and viability • Primary source(s): independent financial audits • Action steps: Analysis of more current (unaudited) financial data to: • Assess potential problems prior to emergency • Anticipate financial failure and remedy • Transparency: Appropriate use of public funds and viable for continued investment

24. Organizational Framework

25. Framework Components

26. Organizational Framework • Purpose: ensure compliance with legal obligations • Primary Source(s): self-reported, 3rd party monitoring, sponsor monitoring (e.g., school visits) • Action Steps: staged intervention including notification, follow up investigation, demand for remedy, etc. • Transparency: Parameters for appropriate autonomy and protecting students’ and the public’s interest

27. Framework Guidance Purpose: Provide authorizers with guidance necessary to develop and implement a quality Performance Framework that is aligned with the Principles and Standards Content • Definition • Methodology • Implementation guidance (information sources) • Follow up guidance (intervention)

28. Next Steps • Initial thoughts • PF Committee • Charge – collaborate on the development of the PF, bring technical capacity or access to, identification of critical questions, make general recommendations • Charter Contract Committee • Provide “just in time” feedback to consultant and Authority staff in the development of the model contract.