a quarterly journal for charter school business …€¦ · 2 colorado league of charter schools 3...
TRANSCRIPT
A Q U A R T E R L Y J O U R N A L F O R C H A R T E R S C H O O L B U S I N E S S M A N A G E R S | S P R I N G 2 0 1 3 I S S U E
2 www.coloradoleague.org Colorado League of Charter Schools
3 Save the Date - Colorado Charter Schools 20th Anniversary Luncheon & Silent Auction
4 Celebrating 20 Years of Colorado Charter Schools | 1993 – 2013
6 Hire Champions
8 Hiring Mistakes to Avoid
10 Amendment 64 Raises Questions by Employers Regarding Marijuana in the Workplace
11 Charter School Boards as Employers: Recruiting and Supporting a Charter School Leader
12 Employee Onboarding
14 Top Ten Legal Issues Related to Hiring
16 Recruiting and Retaining Special Education Teachers for Charter Schools
18 Technology to Help Find, Hire and Onboard the Best!
CONTENTS
Colorado League of Charter Schools725 S. Broadway, Suite 7
Denver CO 80209Phone 303-989-5356
Fax 303-984-9345Email [email protected]
www.coloradoleague.org
Tiffany KallevikDirector of Member Business Services
Charter Focus Advisory CommitteeThank you to the following individuals for
donating their time and expertise.Diane Borre
The Vanguard SchoolDan Sherrill
Caprock AcademyDina Walton
Rocky Mountain Academy of Evergreen
3Charter Focus | Spring 2013
Colorado Charter Schools20th Anniversary Luncheon & Silent AuctionHosted by the Colorado League of Charter Schools
On June 3, 1993, the Colorado Charter Schools Act was signed into law by Governor Roy Romer.
Join us for a very special celebratory luncheon featuring:
3 Featured Speaker Chester E. Finn, Jr.
3 Charter School Pioneer Awards
3 20th Anniversary Historical Documentary
3 Charter School Memory Lane Display
Monday, June 311:00 aM - Silent auction and Memory Lane open11:30 aM - 1:30 PM - Luncheon ProgramDenver Marriott Tech Center4900 S. Syracuse Street, Denver
Register Today at coloradoleague.org/luncheon
Come celebrate our history and chart our future.
4 www.coloradoleague.org Colorado League of Charter Schools
This year marks the 20th anniversary since the
Charter Schools Act was passed in Colorado. It also
represents 20 years since the first two charter schools
opened their doors in our state: Academy Charter
School in Castle Rock, and The Connect School in
Pueblo. Twenty years later, we’re proud to note that
both schools are still providing an excellent education
for hundreds of students!
The Colorado League of Charter Schools (“The
League”) is marking this 20th Anniversary with a
year’s worth of recognitions and celebrations, coupled
with a comprehensive process to develop a vision that
will set the stage for the next 20 years.
This year is about everyone that is or was a
part of Colorado’s charter community. Our 20th
Anniversary Campaign provides opportunities to
participate no matter what role you have played.
Individuals can volunteer, schools can open their
doors for campus tours, and partner organizations
can contribute donations and help promote events.
There are so many ways to get involved!
The League thanks the supporters who have
already committed financial contributions to this
campaign, including: The Daniels Fund, Donnell-
Kay Foundation, The Foundation for Educational
Excellence, Jared Polis Foundation, and The Walton
Family Foundation.
For more information on how to get involved, please
contact Stacy Rader, Director of Communications
at the Colorado League of Charter Schools at
20TH ANNIVERSARY EVENTSPlease mark your calendar for the following 20th
Anniversary themed events.
Colorado Charter Schools Rally
Thursday, April 11
11:30 AM – 1:00 PM
Colorado State Capitol, West Steps, Denver
Join hundreds of charter school students, parents,
teachers, principals and other supporters at the 2013
Colorado Charter Schools Rally. Be inspired by state
legislators who support choice and innovation in
education. Also, cheer on your fellow charter schools
as they perform on stage! This year’s rally is our
chance to show the state’s current elected officials the
“face” of the 20th wave of Colorado’s charter schools
students, and thank those responsible for passing the
Colorado Charter Schools Act back in 1993. We want
to have as many charter school students as possible
at the Capitol on April 11. A limited number of travel
subsidies are available.
The Colorado Charter Schools Rally is also a
great educational opportunity where students of all
ages will be able to learn more about advocacy and
our state’s legislative process.
Information: www.coloradoleague.org/charterweek
Celebratory Luncheon and Silent Auction
A Celebration of the 20th Anniversary of Colorado Charter
Schools
Monday, June 3
11:30 AM - 1:30 PM
Denver Marriott Tech Center, 4900 S. Syracuse Street,
Denver
On June 3, 1993, the Colorado Charter Schools
Act was signed by Governor Roy Romer. Join us
for a very special celebratory luncheon featuring a
silent auction, special guest speakers, Charter School
Pioneer Awards, a 20th Anniversary historical docu-
mentary, and more. Schools will have the opportunity
to display artifacts representing their school’s history,
such as photos, awards, media articles, and more.
More information coming soon. Questions? Email
Chipping for Charters Golf Tournament and Dinner
Thursday, September 19
Golf: 1:30 PM | Dinner: 6:00 PM
Heritage Eagle Bend Golf Club, 23155 E. Heritage
Pkwy., Aurora
Join Colorado charter school and community
leaders for the 4th Annual Chipping for Charters Golf
Tournament and Dinner. All proceeds will go to the
Colorado League of Charter Schools’ Advocacy Fund
which provides charter schools with legal and other
types of advocacy support. By joining this cause, you
are helping ensure that these types of expenses never
have to come out of a charter school’s educational or
classroom budget.
Information: www.coloradoleague.org/golf
20TH ANNIVERSARY ACTIVITIES
We hope we can count on your support and
involvement in the League’s 20th Anniversary cam-
paign. Stay tuned for more information about each of
the following activities.
f Polling of hundreds of Colorado opinion leaders
to assess their understanding of, and support for
charter schools.
f Organizing charter school tours across the state
for hundreds of Colorado opinion leaders.
f Recruiting volunteers to assist with the execu-
tion of our 20th Anniversary activities.
f Producing a 20th Anniversary historical
documentary and premiering it at the June 3rd
Luncheon and Silent Auction Event.
f Spotlighting Charter School Pioneers with recog-
nition and awards during the June 3rd Luncheon
Event.
f Welcoming charter school community input as
we develop the vision for the next 20 years of
charter schools in Colorado.
Thank you for your continued support of
Colorado’s charter schools. We look forward to
celebrating the past 20 years, and looking ahead as we
chart our future.
Stacy Rader is the Director of Communications at the Colorado
League of Charter Schools. www.coloradoleague.org.
CELEBRATING
By Stacy Rader
20 YEARS OF COLORADO CHARTER SCHOOLS | 1993 – 2013 Celebrating Our History. Charting Our Future.
5Charter Focus | Spring 2013
6 www.coloradoleague.org Colorado League of Charter Schools
CO
NT
INU
ED
FR
OM
PA
GE
5
My favorite comment from our most recent staff engagement survey was this: “Sometimes it scares me how committed my colleagues are to quality work.” While tongue-in-cheek, this comment speaks to the caliber and commitment of our team which inspires all of us to strive harder.
HIRE CHAMPIONS
to show their “rockalicious-ness” on a
regular basis. While our team is often
goofing around, our staff’s proudest
prank happened when they told me to
dress in all red for our performance at
the Winter Dance Recital, while they
all showed up in black.
The second core competency
we search for is innovative, strategic
thinking. As educators, we are con-
stantly making decisions that impact
our scholars’ success. Our ability to
clearly pinpoint problems, develop and
analyze innovative solutions, and be
disciplined in testing our assumptions,
will define our success.
Finally, we look for people who
are never satisfied with the status quo.
We attract those who are constantly
seeking out opportunities to drive
their improvement and who thrive in a
culture of constant feedback, because
that’s how we will meet our collective
mission.
PROCESS Assessing these core competen-
cies requires going on a shared journey
of discovery. Our process is long and
time-consuming, but well worth it!
We want to be 110% sure that a candi-
date is the best fit for the organization,
and we only want candidates who are
Without a doubt, the most
important thing I will
do this year is hire our
teachers, leaders and
support staff. The decisions we make
about hiring will determine whether
we meet our bold mission of closing
the opportunity gap in public educa-
tion that exists between low-income
scholars and their more affluent
peers. We all know that a teacher
is the most important factor in a
child’s education, and a great team of
educators is what defines an excellent
school.
As a new school, we have built
an extremely high-caliber and hard-
working founding team. The mission
to close the opportunity gap is bigger
than any one of us. To accomplish our
mission, we need a team of great people
who believe deeply in the power of
all children to succeed at the highest
levels. When designing our hiring pro-
cess, we thought deeply about the core
competencies necessary to excel in our
environment and the steps necessary to
evaluate them.
CORE COMPETENCIESWe find that the people who excel
the most at Rocky Mountain Prep share
similar core competencies. First, they
believe deeply in our mission of closing
the opportunity gap and hold them-
selves accountable for their scholars’
successes and failures. In doing so, they
are able to influence and invest families
in going above and beyond what is “tra-
ditional” or “expected” to deliver what
their scholars deserve: a phenomenal
education. Beyond a deep resonance
with our mission, we know that this
is incredibly hard work and if we take
ourselves too seriously, we won’t last
long. Our staff members aren’t afraid
110% sure that they want to grow in
their careers with Rocky Mountain
Prep.
Like most organizations, we ana-
lyze resumes and cover letters, looking
for past leadership and achievements.
Beyond that, we also try to understand
what motivates each candidate and
how that has shone through in their
career. We look for times when appli-
cants have tried and failed, knowing
that we learn the most from failure.
After a resume screen, appli-
cants write essays for us where we
ask about past challenges, ways to
build successful culture and what
explains the opportunity gap in public
education. After essays, we conduct
a phone interview and ask candidates
to upload a teaching video for us to
analyze. Successful applicants are
then invited to Rocky Mountain Prep
to do a round of interviews with other
staff and sample lessons in front of our
scholars. During these experiences, we
seek to get as much input as possible
from our team and ensure that the
candidate gets a deep understanding
of our school culture and instructional
approach. One of the most important
parts of the day is an opportunity for
the candidate to receive feedback from
their sample lesson and then imple-
ment it later in the day.
What we’ve found is that working
in a high-performing team is demand-
ing but rewarding. We’ve traditionally
hired about 1-2% of all applicants, and
when people join our team, they know
that they’re working with some of
the best educators in Colorado. And
incredible educators working together
close the opportunity gap.
James Cryan is the founder and Executive Di-
rector of Rocky Mountain Prep. He formerly
worked with Teach for America and received
his MBA in School Leadership from the Uni-
versity of Denver. www.rockymountainprep.org
by James Cryan
7Charter Focus | Spring 2013
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8 www.coloradoleague.org Colorado League of Charter Schools
Hiring is an exciting and nerve-wracking time. Employers must be aware that there are many traps that can arise during the hiring process that can have legal consequences. This article outlines the mistakes employers can make during the hiring process. The good news is that most of these mistakes can be remedied with a little time, paperwork and insight from your legal counsel.
1. Misclassifying Non-exempt Employees as Exempt Employees
Before a new employee is hired, the employer must undertake an
analysis to determine whether the position is exempt or non-exempt, i.e.,
whether the position is entitled to overtime under the FLSA. The federal
regulations include detailed descriptions of the job duties that will qualify
as exempt or non-exempt. Indeed, without a position description that
clearly delineates the job duties, it is difficult for an employer to demon-
strate how it came to the conclusion that a position met the qualifications
for being classified as exempt under the FLSA. Both federal and state
governments have increased their audits of employers and are targeting
whether employees have been appropriately classified and are receiving the
overtime payments required by law.
2. Classifying Employees as Independent Contractors
Many employers have classified individuals as independent contractors
without undertaking an analysis of whether the individual meets the legal
qualifications for such classification. Government agencies have taken a keen
interest in this issue in the past few years out of concerns for lost payroll taxes,
lack of workers’ compensation coverage, and lost potential overtime payments
to the individual. One cannot simply “choose” to be an independent contrac-
tor; rather, there are factors that must be considered before someone can
appropriately be classified as an independent contractor, including determin-
ing whether the individual is engaged in substantially similar activities with
other entities. Further, any independent contractor relationship should be
memorialized in a written independent contractor agreement, which must
include specific language delineated in the Colorado statute. For these reasons,
it is important that any independent contractor hired by a school be evaluated
for whether the individual meets the legal requirements for classification as an
independent contractor.
HIRING MISTAKES TO AVOID By Michelle B. Ferguson
9Charter Focus | Spring 2013
3. Asking Inappropriate Questions on the Application and During the Interview
In our experience as legal counsel, we have reviewed numerous job applica-
tions for our clients. Unfortunately, more often than not, the job applications
contain questions that violate federal or state law, or are contrary to best
employment practices. For example, do you ask for the applicant’s date of
birth? Social security number? Graduation dates? During the interview, do you
find yourself asking questions about the applicant’s marital status? Whether
he/she has children? Any question that might illicit information related to the
applicant’s protected status is problematic for the employer, particularly if
the applicant is not hired. Employers must be aware of all the potential traps
during the hiring process and avoid any type of conversation that may illicit
information not relevant to the position at hand. As such, it is important that
all job application forms, interviews, or assessment questions be reviewed for
legal compliance and that anyone conducting an interview be trained on the
traps that await and then how to steer clear of any discussions related to a
protected class.
4. Conducting a “Google” Search on the Applicant
Differences of opinion exist as to the value of using “Google” or other
Internet searches on an applicant. Some argue that there is valuable informa-
tion to be learned from such searches. Others recognize that one’s “social
media” presence provides minimal insight into whether the applicant can
satisfactorily perform the essential duties of the position. I routinely advise
clients against conducting any type of Internet search on an applicant. Often an
Internet search will produce information related to the applicant’s protected
status: race, sex, religion, sexual orientation, disability, etc. Once an employer
obtains this information, it can be problematic as it can be difficult to later
prove the employer did not make a decision based upon this protected class.
5. Not Providing a Conditional Offer of Employment First
Once an employer has identified its potential hire, it should extend a
“conditional offer of employment” to that individual. The conditional offer of
employment identifies the position, starting salary, start date and any other
information you may want to relay to the candidate, but it also advises the
candidate that the final decision is conditioned upon the satisfactory comple-
tion of some additional criteria. The additional criteria will vary depending on
the position, but most often include a background check, drug testing, etc. The
legal reason for extending a conditional offer of employment is because certain
laws dictate at what point an employer may obtain certain information from an
applicant. For example, only after a conditional offer of employment has been
extended to a candidate may an employer conduct a medical exam or engage in
drug testing.
6. Failing to Accurately Complete and Retain Form I-9s and Colorado Affirmation of Work
Status Forms
Both the U.S. Homeland Security Department and the Colorado
Department of Labor have increased their enforcement efforts with respect
to making sure employers are complying with I-9 and Colorado Affirmation
of Work Status forms. Failure to appropriately complete these forms, and
within the legally required timeframes, can lead to significant penalties for the
employer. Schools must ensure that the individuals completing these forms
have the appropriate trainings.
7. Failing to Document Hiring Decisions
Lawyers love paperwork, and so do juries. Recent statistics show that 86
percent of juries believe that if it is not written down (or if a document does
not exist), then it did not happen. Accordingly, it is imperative that employers
document the hiring process and can easily justify the hiring decision based
upon its written documentation. Failure to appropriately document the hiring
process and decision will only lead to suspicion in the jurors’ minds.
8. Failing to Be Consistent
Employment claims often arise from an employer’s failure to be con-
sistent. Inconsistency gives rise to claims of discrimination, even when no
protected class may have entered into the employer’s hiring decision. In the
hiring process, it is imperative that an employer treat all the applicants in
the same manner, subject them to the same forms, questions, interviews and
overall process — even when it may seem futile.
Oftentimes, a few tweaks to the forms and practices used during the
hiring process can lead to a formula that will not only yield the best candidate
for the position, but also steer the employer clear from any legal claims arising
from the hiring procedures. You expect a lot from your new employee and the
attention you give to your hiring process should reflect the same.
This article is intended as general information on the topic covered, and is not to be con-
strued as legal advice. If legal advice is needed, you should consult an attorney.
Michelle B. Ferguson, an employment lawyer at Ireland Stapleton Pryor & Pascoe, PC, fo-
cuses on “preventative employment law.” Michelle works with private and public employers
to be proactive in identifying and solving issues before an employment claim is filed. She
also provides training to employers and their employees on all matters of employment law.
Questions? Michelle can be reached at (303) 628-3658 or [email protected].
10 www.coloradoleague.org Colorado League of Charter Schools
During the 2012 General Election, voters in Colorado and Washington state passed ballot initiatives to legalize marijuana possession. A total of 18 states currently allow the “medical” use of marijuana in some form. Questions surrounding the recent passage of state laws concerning marijuana use have been raised by employers regard-ing workplace implications.
AMENDMENT 64 RAISES QUESTIONS BY
EMPLOYERS REGARDING MARIJUANA IN
THE WORKPLACEBy Robin Repass, CounselJackson Kelly PLLC
Many Colorado employers are asking whether
the legalization of marijuana use prohibits them from
firing employees who use marijuana or test positive
for marijuana. The short answer is that marijuana
remains an illegal substance at the federal level.
Colorado’s Amendment 64 regarding marijuana pos-
session also reads that employers are not required to
accommodate marijuana in the workplace. In these
circumstances, employers remain free to enforce drug
testing policies and to restrict the use of marijuana in
the workplace.
However, many employers are concerned about
the implications of a Colorado statute which prohib-
its employers from taking disciplinary action against
workers for legal, off-duty activities. There is no clear
cut answer at present as to how courts are likely to
weigh in on the definition of “legal” activity as mari-
juana use is legal at the state level, but illegal at the
federal level. The best recommendation for employers
is to write and follow a zero-tolerance policy for
drugs in schools and the workplace which clearly
defines marijuana as an illegal substance under federal
law. Provided that drug policies are clearly written
and consistently enforced, employers may continue to
enforce their drug-testing policies against employees
and applicants.
FEDERAL REACTION
U.S. Attorney John Walsh issued a statement
in December 2012 that the responsibility of the U.S.
Department of Justice to enforce the Controlled
Substances Act remained unchanged. Marijuana
remains on the Schedule I controlled substance list
and is illegal under federal law.
The illegality of marijuana at the federal level pro-
vides important support to employers who wish to
prohibit the possession or consumption of marijuana
and to discipline any employee who uses marijuana.
IMPORTANCE OF REVIEWING AND UPDATING WORKPLACE POLICIES
Employers are well-advised to review and
update employee policies to clarify that the use
of marijuana in the workplace will not be toler-
ated. Best practice pointers regarding updating
or drafting drug testing and drug use policies
include, but are not limited to, the following:
f If your school has a zero-tolerance drug
testing policy, state this clearly in the policy.
Enforce the zero-tolerance policy across the
board for all drugs on the zero-tolerance list,
including marijuana.
f If your policy identifies prohibited sub-
stances, federal Schedule I substances be
identified, as marijuana remains included
on the Schedule I list. The policy should be
worded to prohibit drugs which are illegal at
the state or federal level as marijuana remains
prohibited by federal law.
f Colorado’s Amendment 64 allows employ-
ers to have policies which “restrict” the use
of marijuana by employees. Examine your
policies to avoid an argument that your policy
exceeds this restriction, as the term “restrict”
is not defined and will likely be subject to
future legal interpretation.
Other considerations are that the Americans
with Disabilities Act does not require employers
to accommodate the use of marijuana.
The legislative landscape concerning
recent marijuana legalization is expected to
rapidly change. Groups such as the National
Organization for the Reform of Marijuana Laws
(“NORML”), have taken issue with standard
urinalysis tests, which do not currently detect
acute or recent cannabis use because current pro-
cedures only detect inert drug metabolites, which
are stored in the body fat and remain detectable
on a standard screen for weeks after use. It is,
therefore, important to continue to monitor
the status of marijuana legislation in Colorado.
Employers are also advised to request updated
policies from the lab handling the employer’s drug
testing program.
11Charter Focus | Spring 2013
Charter School Boards as Employers:
Recruiting and Supporting a Charter
School Leader
A significant role, frequently referred to as
the most paramount role, of the charter school
board is to recruit, evaluate and support the
school leader. This work can be challenging for
a board, particularly if your board does not have
any human resource experience or expertise.
Recruiting that expertise onto the board can
be very helpful not only for working with the
school leader but also in understanding other
employment practices and policies at the school.
The following are far from comprehensive, but
include five suggestions to help support the
board and school leader in building a strong
relationship:
f DO establish sound employment policies
and practices – The board should under-
stand and approve the employment policies
and practices at the school. This may require
the support of contracted human resource
consultants and/or attorneys. This is critical
to keep the school out of hot water.
o IF YOU DON’T…The board could find
itself enmeshed in employment claims.
f DO set clear expectations – A detailed
school leader job description, as well as
policies established by the board that
delineate roles and responsibilities, help
support a solid partnership between the
board and school leader.
o IF YOU DON’T…There can be a loss
of trust between the school leader
and board, the board then tends to
micromanage, and the entire school is
negatively impacted.
f DO have a recruitment and hiring process
that is mission-focused – In recruiting
and hiring a school leader, ensure the
process includes and aligns with the mis-
sion of the school. Candidates should be
expected to speak to the mission of the
school and their role in helping the school
fulfill it.
o IF YOU DON’T…The board could find
themselves in a continuous cycle of
leadership turnover.
f DO have open communication
between the school leader and board
– Establishing a systematic means of
communication between the board and
the school leader is critical. Frequently
the board chair or board president com-
municates on a regular basis with the
school leader.
o IF YOU DON’T...The board may find
many surprises in and outside of board
meetings. This is key to shared
leadership.
f DO conduct ongoing evaluations school-
wide – The board partners with the
school leader to set school-wide goals.
These goals should easily support and
translate to the school leader evaluation
and the evaluation of the board. The
process should be ongoing throughout
the year and should focus on continuous
improvement. Be sure to include periodic
reviews of goals on the board calendar for
accountability.
o IF YOU DON’T…There can be a lack
of commitment to and focus on school
priorities, making it harder to achieve
stronger outcomes for kids.
In need of resources? Check out the gov-
erning board presentations from the Colorado
Charter Schools Conference in February:
https://www.coloradoleague.org/news-and-
events/2013-session-handouts.php. You can
always email [email protected] for
specific samples or other resources.
CHARTER SCHOOL BOARDS AS EMPLOYERS: RECRUITING AND SUPPORTING A CHARTER SCHOOL LEADER
By Jessica M. Johnson
12 www.coloradoleague.org Colorado League of Charter Schools
Your recruitment efforts were successful. Screening, interviewing and hiring were smooth. Now one of the best and brightest is your newest employee. What’s next?
Ideally, hiring triggers the next steps in your onboarding
process which continues through for the first week, month and
the entire first year. Is the term “onboarding” relatively new to
you? Often this is referred to as “orientation” or “organizational
socialization.” Essentially, onboarding refers to your collection
of coordinated efforts and activities to educate new employees
regarding culture, mission, vision, expectations, policies and
processes. Onboarding also introduces the entire organization’s
members – supervisors, leadership, colleagues, board members and
volunteers. The goal of onboarding is to paint a clear picture of
your organization’s goals and challenges as well as the role the new
employee plays in moving the organization along this path.
I once worked with an organization that lost a new employee
the first day – literally. She didn’t return from lunch. After
searching for hours, they finally located her and learned the reason
behind her disappearance. She had panicked. The organization
used the “throw ‘em in and they either sink or swim” method of job
orientation. She felt like she was drowning and couldn’t return. A
thoughtfully delivered onboarding process helps protect your most
valuable resources.
The success of your onboarding program begins with
leadership….the Principal, Head of School or Executive
Director. You have the opportunity and obligation to provide
a solid foundation for each employee so they can become super
stars. Find every opportunity to share internal organizational
knowledge and expertise to enrich new employees and enhance
their skills. This requires careful planning, introspection and
detail. The leader has to place themself in the new employee’s
shoes and ask, “What does everyone need to know about this
organization to be comfortable and successful?” Whatever
the answer, leaders should also consider how this informa-
tion can be shared in an interesting, fun and effective manner.
Remember, you are educators teaching educators, while all are
lifetime students.
A well-developed and implemented onboarding pro-
gram takes energy, time and resources. It will be worth
it. Your onboarding program provides many benefits. The
new employee feels welcomed, respected and valued. Your
employee satisfaction and retention improve. Understanding
the organization’s past, anchors and gives insight into current
successes and challenges. The organization’s short and long
term plan lets employees glimpse what the future achievements
will be and builds context for decisions being made by leader-
ship and the board.
EMPLOYEE O N B O A R D I N GBy Kelly Moore
13Charter Focus | Spring 2013
Onboarding can’t be completed in an hour
or a day or a week and in fact is an intentionally
prolonged process. It begins by clearly sharing with
new employees what is expected and how vital
policies and procedure are to be followed so they
can effectively function within the organization
from their first day. Effective onboarding requires
follow-through that continues and deepens over the
first weeks and months of employment. After all,
everyone deserves to be welcomed and given the full-
est support to succeed.
As you review your current onboarding program
or develop one for the first time, here are a few things
to consider.
STARTING POINTS f Make sure that the process is well-organized and
interesting. Keep in mind the potential to create
information overload. First days and weeks on
a new job can be overwhelming, like trying to
drink from a fire hose. A slower pace and repeti-
tion of key material is helpful.
f Develop a comprehensive FAQ sheet (Frequently
Asked Questions) and make it available to new
employees. This can be accomplished as an
attachment or as a link to the organization’s
website that is included in the Welcome Letter
sent to the new employee soon after the offer of
employment has been accepted.
f Identify the new employee’s work space; make
arrangements for telephone/voicemail, computer
access, ID badge, business cards, etc. prior to the
first day of work.
f Introduce the new employee to the rest of the
staff by taking a walking tour of the facility.
The new employee needs to know the lay of the
land – where they will be working, where the
restrooms are located, where the staff break room
is and how to find and use photocopiers and fax
machines.
CONTENT f Develop an Onboarding Program Packet that
contains items such as:
o HR forms to be completed
o Outline and agenda of the onboarding process.
This will help to ensure that all key topics are
covered. Share the outline prior to the onboard-
ing program so that your new employee knows
what to expect.
o Copies of the organization’s staff handbook, student/
family handbook, organization chart, directions for
parking, bell schedule, school calendar, etc.
f Paperwork. Try to get the vital paperwork com-
pleted before the first day or as soon as possible
on the first day. Share information with the new
employee in time-sensitive stages. For example,
the I-9 form and other HR paperwork have to be
completed on the first day of work. However,
if health insurance benefits will go into effect in
six weeks, this orientation can take place on day
two or three.
DELIVERY f Recognize that adult learning styles differ. Develop
a blended and varied approach – video, classroom
activity, one-to-one discussions, hand-outs, role-
playing, etc.
f The school’s website is a great resource to learn
about the organization’s history, mission, and basic
financial information. A virtual tour of the facility
is another idea.
f Include current staff in the onboarding process.
They can offer an informal perspective on what
happens every day. Assigning a coach or mentor to
every new employee can offer the opportunity for
sharing insights on daily activities, etc.
When identifying coaches/mentors, be specific
as to your selection criteria. Just as when you design
the selection criteria for hiring new staff – think about
your star team members and identify those charac-
teristics that make them high-quality performers.
Those are the characteristics you look for...…in new
employees as well as those you choose to mentor your
new staff.
f Build a feedback loop into the onboarding pro-
cess. Find out from the new employees how they
feel the process worked. What changes would
they suggest to improve the program?
f Meet with the new employee after the first day
and again after the first week. This provides a
great opportunity to discuss his/her integra-
tion into the organization and you can gain
insights into any needs they have. This can go a
long way in helping you build on your working
relationship.
Onboarding is your opportunity to welcome
new employees and demonstrate your commit-
ment to supporting their success and the success of
the organization.
Kelly Moore is a consultant G & G Consulting Group, LLC. www.gandgconsult.com
14 www.coloradoleague.org Colorado League of Charter Schools
Hiring the right people for your
charter school is critically important.
If you hire well, everything about
your school improves. If you hire
poorly, not only does your school’s
quality suffer but your legal risk
increases. Here is a list of Top
Ten legal issues related to hiring,
compiled from my work both as a
charter school attorney and a charter
school founder.
1 At-Will Employment. When
hiring, don’t jeopardize at-will
employment. At-will employment
means that either the employer or the
employee can terminate the employ-
ment relationship at any time for any
reason or no reason. The traditional
giving of two weeks’ notice is a social
convention, not a legal requirement.
Of course, you can’t fire someone for
an illegal reason, for instance, because
they are a member of a legally pro-
tected class (e.g., race, religion, gender,
etc.) or because they made a charge of
discrimination (that would be illegal
retaliation). But by the same token, a
school should not promise employees
that they will work for a certain period
of time (like a school year) or that
they will receive some sort of process
before being let go. If you do, you could
jeopardize at-will employment at the
school.
2 Employment Expectations. Many
legal disputes could be avoided by
setting clear employment expectations
upon hiring. This is done through
clear communication at every level
– job description, application, hiring
process, employment agreement, initial
training after hiring, and employment
handbook, just to name a few. Be
careful that when setting expecta-
tions you are not inadvertently making
employment promises that would
compromise at-will employment. (See
#1 above.) Thus, when talking about
what the school will do, maintain
discretion. Use “may” not “shall”
when describing the school’s actions
towards employees.
3Employment Agreement. You may
want to consider using an employ-
ment agreement. It needn’t be long. I
think some of the best are only 2 or 3
pages long. Employment agreements
bind both sides to important promises,
like return of school property, jury
waivers, and mandatory dispute
resolution. An employment agreement
should always specify that at-will
employment has been maintained.
Employers who don’t use formal
employment agreements are often dis-
mayed to find out that courts usually
interpret other documents – like offer
letters – to be enforceable contracts.
4 Applications. Always make every
applicant answer every ques-
tion on an employment application.
Applicants who omit answering
certain application questions are often
trying to hide something they don’t
want you to know. In addition, you
should include a reference waiver at
the end of every application in which
the applicant promises not to sue any
past employer when they give a refer-
ence. Colorado law already protects
past employers so that they can give
full and honest references, C.R.S. §
8-2-114(3), but too often a potential
employer needs to send a written
reference waiver in order to pry a
meaningful reference out of a former
employer.
5 References. Checking references
thoroughly is one of the best ways
to avoid bad hires, and avoiding bad
hires is the best way to avoid legal
disputes with your employees. Yes, it
TOP TEN LEGAL ISSUES RELATED TO HIRINGBy Eric Hall, Attorney
10
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takes time to check references well,
but it is time well spent. Besides, you
should only check references on your
final few candidates, not all applicants.
6 Background checks. Colorado law
requires charter schools to conduct
“background investigations” prior to
hiring any school employee — no mat-
ter how much the person works with
children. See C.R.S. §§ 22-30.5-110.5
& -110.7. Not only is this a statutory
requirement, it is best practice for
hiring. As with my advice about appli-
cations and references (see # 5 & 6
above), running thorough background
checks helps a school avoid bad hires.
This reduces legal risk across-the-
board and it is also absolutely essential
to defending a negligent hiring claim.
7 Job description. Prior to posting
any job opening, write a good job
description that details exactly what a
particular position demands, including
physical qualifications. Many legal
claims turn on what the “essential
functions of the job” are. Thus, you
want them carefully thought out and
stated in writing.
8 Employment Handbook.
Handbooks should be useful. They
should provide new hires with answers
to oft-asked questions, like “How
much vacation do I get?” and “What
expenses will the school reimburse?”
To be useful, handbooks must be
organized well and easy to access. They
should not be too long. Include only
those guidelines your employees really
need. Make sure you have a conspicu-
ous disclaimer at the front to avoid
inadvertently creating contractual
rights.
9 Training. Charter schools must give
certain trainings to their employees,
such as about bullying, child abuse
reporting, sexual harassment, and
conflicts of interest. Most schools offer
trainings at the beginning of the year,
but that should not be the only time.
Many trainings should be repeated
throughout the year, and of course new
employees must be trained whenever
they are hired.
10 Hiring the School Leader.
When hiring a school leader,
Colorado’s Open Meetings Law
requires that a charter school “estab-
lish job search goals, including the
writing of the job description, dead-
lines for applications, requirements for
applicants, selection procedures, and
the time frame for [hiring the school
leader.]” C.R.S. § 24-6-402(3.5). In
addition, a school must “make public
the list of all finalists . . . no later
than fourteen days prior to [hiring]
. . . .” Id. Failing to do these things
could place at risk the school’s most
important hire.
For lawyers, there is truth in the
adage: “You can pay us now or pay us
later.” Spending a little money up front
on good legal practices will save you
a lot of money on the back end by
avoiding unnecessary – and expen-
sive! – legal disputes with former
employees.
This article is intended as general informa-
tion on the topic covered, and is not to be
construed as legal advice. If legal advice is
needed, you should consult an attorney. Eric
Hall is a lawyer at Rothgerber Johnson & Ly-
ons LLP. Eric works with multiple Colorado
charter schools. He can be reached at (719)
386-3030 or [email protected]
Spending a little money up front on good legal prac-tices will save you a lot of money on the back end by avoiding unnecessary – and expensive! – legal disputes with former employees.
16 www.coloradoleague.org Colorado League of Charter Schools
The challenge of
recruiting and retain-
ing special education teachers is not
unique to charter schools, though
it does present special issues which
charter operators need to navigate
carefully. In this article, I will attempt
to put this challenge into context and
highlight some practices which will
allow charter leaders to successfully
identify and overcome key issues.
In the field of Education, it is well
documented that the recruitment
and retention of qualified teachers,
in general, is a significant task for
ensuring public school students have
access to high quality and effective
instruction. This is especially true in
more specialized areas, including math,
science, and special education. In fact,
an abundance of research indicates
that the rate of attrition among special
education teachers is much higher than
that of their regular education counter-
parts (Katsiyannis, Zhang, and Conroy
2003). Some have estimated that nearly
10 percent of special education teachers
leave the field at the end of their first
year of teaching (Boyer and Gillespie
2000), while others have indicated that
the overall rate of attrition for special
education teachers is near 20 percent
annually (Boe, Bobbit, and Cook 1997).
Several reasons have been docu-
mented as to why it is so difficult to
attract and retain special education
teachers, however, the primary drivers
tend to include:
• Employment issues (compensation,
certification, and/or job design)
• Working conditions (work space and
assignments, caseloads, stress, and
school climate)
• Support (lack of collegial, principal, or
district support, and lack of appropri-
ate professional development)
• Students (low motivation, discipline or
behavioral issues, and slow or limited
student progress)
(Billingsley 2003; Boyer and
Gillespie 2000; Brownell et al. 1997;
Gersten et al. 2001; Whitaker 2000).
Given the fact that these challenges
plague public education agencies—large
and small; urban, suburban, and rural;
high- and low-performing—they present
especially unique issues and opportuni-
ties for charter schools.
Over the past decade, we have
worked with countless charter schools
in Arizona to surmount these issues,
which are often compounded by the
fact that many charters do not have
scale, the same need for or access to
specialized resources of PEAs, and
they may subscribe to a very specific
charter mission which is geared toward
addressing the needs of a specialized
student population. Being part of
an organization which specializes in
the development and implementation
of special education programming,
services, and personnel, we offer the fol-
lowing guidance on how to effectively
address these issues for Colorado’s
Charter Schools.
EMPLOYMENT ISSUES
The ability to attract and retain
special education teachers to work
in a charter school environment is
first and foremost a matter of having
a strong understanding of the level
of specialized support required for
your particular school environment.
Additionally, it is a matter of design-
ing the position in a way that it best
supports those students who require a
definitive plan of supports, while ensur-
ing that all students’ needs are readily
identifiable when they begin to impact
academic achievement.
Depending on the size of the charter
school—many of which have less than
300 students—it may suffice to define
RECRUITING AND RETAINING SPECIAL
EDUCATION TEACHERS FOR CHARTER SCHOOLS
The ability to attract and retain special education teachers to work in a charter school environment is first and foremost a mat-ter of having a strong understanding of the level of specialized support required for your particular school environment.
By Erik Ryan
17Charter Focus | Spring 2013
the role as a Special Education Teacher/
Coordinator. In this capacity, the posi-
tion serves as the school’s champion
for students with special needs, by
providing resource supports to students
who require routine or intermittent
specialized instruction and ensuring that
the rest of the educational team is:
• Actively implementing student IEPs
(as well as required accommodations
and modifications)
• Identifying and referring the potential
special needs of non-qualified students
(through RTI, Child Find, or Student
Study procedures)
• Ensuring that the school has access to
required specialty providers who can
assess, diagnose, and effectively treat
disabilities which may be impacting
students’ academic performance
• Protecting the rights, funding,
and access to services for eligible
students through curriculum-based
assessments and reporting of student
progress (for parents/guardians
as well as local, state, and federal
agencies)
Hiring or contracting with a
special education teacher who pos-
sesses a strong background in special
education instruction and an equally
strong knowledge of the administrative
aspects of service planning, delivery,
and reporting is key. Tailoring this
role so that it functions as part of the
school’s administrative and educa-
tional teams and is effectively aligned
to support the charter’s mission and
population is accomplished by address-
ing the issues related to working
conditions, support, and students.
WORKING CONDITIONS
Many people believe that the key
satisfier for employees is compen-
sation, however, a good number
of researchers have found that an
employee’s working conditions are a
key attribute in why they stay with an
organization. This is especially true
for special education teachers. Though
working conditions cover a broad
spectrum of items, we will focus on
work environment, work assignments,
caseloads, stress, and school climate.
No matter the size and scope of a
charter school, it is critical to ensure
that the special education’ teachers’
assignments are clear and valued and
well aligned with their scope of practice
and expertise, that student caseloads
are manageable enough to effectively
address the acuity of students’ needs,
and that teachers have readily accessible
and appropriate student work spaces.
This can be accomplished by ensur-
ing a school climate is in place which
recognizes and accepts the needs of all
students, regardless of ability or dis-
ability types.
Though this sounds simple, in
practice it can be difficult. It requires
both the organizational and instruc-
tional leadership to ensure that the
entire administrative and educational
team is ready and willing to be account-
able for every student’s success and
an equal readiness to engage with the
students’ parents/guardians in seeking
out additional resources which may be
required in order to support optimal
achievement. It also requires creativity
in facility planning to ensure that all
students and personnel are included
in the general school environment and
no one feels that they are relegated to a
certain section of the campus (regard-
less of how specialized the level of need
or supports being offered).
SUPPORTInitial and continuous professional
development on the rights and needs
of students who are eligible for special
education, coupled with training and
reinforcement of specialized instruc-
tional practice, accommodations, and
modifications are critical for the entire
charter school’s administrative and
educational personnel. Shared practice
and improvement leads to a greater
sense of collegiality in effectively attain-
ing the charter’s mission and ensuring
that all students are able to achieve
academically, socially, and behaviorally.
In a number of schools, we have
seen a tendency to have general and
special educators work separately;
this only reinforces a sense of “us”
and “them”, and makes it difficult for
everyone to effectively address the needs
of all students. In these environments,
those who are struggling are referred (or
pushed) onto the special educators who
are considered better equipped to handle
them. By ensuring that all personnel are
well versed in the school’s general and
special education model, and everyone is
equipped with the requisite knowl-
edge and skills to address all students’
needs, educators and administrators
are quicker to come together as a team
and identify individual, classroom, and/
or school-wide supports which will
promote a broader scope of support for
each student’s success.
STUDENTSGiven that students (and their suc-
cess) are the reason why we all initially
entered and decided to stay in the field
of Education, it may seem strange that
they are identified as one of the reasons
why educators (especially special
educators) decide to leave the field.
The real issue, though, is not so much
the students themselves; it has to do
with special educators feeling like they
are able to effectively address the needs
of the students with whom they work.
This requires continuous and special-
ized support by educational leaders to
identify and utilize instructional tools
which increase motivation, decrease
discipline or behavioral challenges,
and promote academic performance.
Without these tools, special educators’
level of professional efficacy is compro-
mised, and they begin to question their
value and impact on student learning.
By nature, most teachers—whether
working in general or special educa-
tion—are social beings; they crave
the opportunity to analyze and solve
problems, not just with their students,
but with their colleagues, administration,
and parents/guardians. High quality
special educators want to be part of a
team and seek out the opportunity to
engage with their colleagues to solve
the most important problem before us:
how to effectively educate all students,
regardless of their abilities.
The key, then, for charter
school leaders, is to create a school
environment where special educa-
tion personnel are valued, included,
trained, and supported as an integral
part of the team. By ensuring that
their educational and administra-
tive teams are prepared to effectively
support all students, they are ensuring
that parents/guardians will continue
to choose their school environment
again and again to make good on the
promise of educational opportunity
where more traditional approaches
have failed.
Erik Ryan possesses a Master’s Degree in Ed-
ucational Leadership and Administration from
the University of Arizona, and has specialized
in the recruitment and retention of specialized
education personnel. Working in the fields of
Bilingual, Alternative, and Special Education
for the past two decades, he currently serves
as the Vice President for Cenpatico Schools
(www.cenpatico.com/schools), and has sup-
ported more than 100 Special Education and
Related-Service Personnel in the development
and implementation of programming/services
for public education agencies and charter
schools in Arizona, Texas, and Indiana.
No matter the size and scope of a charter school, it is critical to ensure that the special education teachers’ assignments are clear and valued and well aligned with their scope of practice and expertise, that stu-dent caseloads are manageable enough to effectively address the acuity of students’ needs, and that teach-ers have readily accessible and appropriate student work spaces.
18 www.coloradoleague.org Colorado League of Charter Schools
TECHNOLOGY TO HELP FIND, HIRE AND ONBOARD THE BEST!
We’re all faced with multiple chal-
lenges in meeting the needs of our
diverse students. The paramount
issue: finding, hiring and retaining
the highest quality staff. This must
be accomplished in an efficient
and effective manner in order for our
schools to survive, let alone thrive, in
tough economic times.
Many schools, including charter
public, traditional public, and private
schools, have come to the realization
that technology and the Internet can
streamline the efficiency in the hiring
process. However, most do not have the
resources or the expertise to create their
own online employment system. They
try but soon realize that their staff cannot
come close to creating and maintain-
ing systems such as those developed by
third party vendors whose sole focus is
to provide this kind of service. A variety
of companies have developed programs
generically known as applicant tracking
systems to meet this need.
Calling these programs applicant
tracking systems is a misnomer.
They do more than just track
applicants. Most operate in a similar
fashion. Your website hosts a link
to the application system. The
candidate completes the form online,
uploads attachments, and sends it
electronically to the hiring adminis-
trator. While this is advantageous
for the candidate, the real efficiency
is realized by the school whether a
charter, private or public entity.
A high functioning applicant
tracking system will streamline
human resources operations from
recruiting to new employee onboard-
ing. It will have one price with all
features included. An online bulletin
board will allow you to post and
advertise your positions with appli-
cation links provided. The system
will free schools from nearly all tasks
associated with the use of a paper
application including filing, copying,
shredding, searching, cross-referenc-
ing and retrieving applications. Data
contained in the applications can also
be used to generate reports.
A comprehensive system will allow
for the creation of applications for all
employees, from the principal and the
teacher to the custodian and lunchroom
supervisor. In addition, each applica-
tion will be customizable with your
logo and colors along with questions
specific to the position. An endless
number of applications could be created
and utilized.
A strong system can also be used
to keep track of substitute teachers
and volunteers. It will have forms for
job fairs and can link to social media
outlets such as Facebook, LinkedIn
and Twitter.
A quality system will be deep in
features but intuitive to use. Expensive
training should not be necessary.
Instead, a rich variety of online resources
should be available for use as questions
occur. A live support line for school
personnel to utilize should be offered at
not cost. Support for candidates should
also be part of the package.
An effective system will allow
for the easy sorting of applications
using criteria the administrator
establishes. The sorting will extend
beyond simple experience, qualifica-
tions, or interests. Multiple sorts are
extremely useful for culling through
applicants to find those who most
closely meet your specific require-
ments, for example, a second grade
teacher who speaks Spanish and can
also coach volleyball.
Once a candidate pool has been
established, the system should be
able to communicate interactively
with each candidate through an
embedded email system. This
feature would allow for documents
to be sent, received and tracked. An
interview scheduler would be part
of this, in addition to an email blast
to contact all candidates regarding
the outcome of the opening.
After a candidate has been
selected, the system should provide
for a workflow, or pipeline, through
which the application progresses
until final approval. This allows
for position and budgetary control.
The data in the applicant tracking
By Dr. Fred C. Schroeder and Dr. Dorothy M. Weber
19Charter Focus | Spring 2013
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system will be able to
be exported to all other
business and personnel
software. This is typically
accomplished through a
flat file transfer or an Excel
spreadsheet.
Hopefully, though
only one applicant has
been offered the position,
there are still a number
of excellent candidates
who remain interested in
working with you. The
tracking system should
allow for easy communica-
tions with individuals and
groups in this non-selected
pool. You never know when
you’re going to need that
hard to find staff mem-
ber. Retaining an active or
archived pool of applications
is an important feature.
If charter schools are to
compete in hiring the best
candidates, the use of a fully
featured applicant tracking
system is critical. Public
and private schools are
moving rapidly in adopting
online, web-based systems.
They realize the efficiencies
these systems bring as well
as the fact that the employee
pool has come to expect
them. Typically, charter
schools are surrounded by
larger organizations. If you
are to hire the best, you
must have a presence on
the web and a process that
attracts the best to you.
AppliTrack Recruiting by
Aspex Solutions is a technology
tool designed to help school
leaders with the recruiting, hiring
and onboarding of staff members.
For more information, visit www.
aspexsolutions.com
Dr. Fred C. Schroeder – Founding
Associate Dr. Dorothy M. Weber
– Senior Associate fred@aspex-
solutions.com P: 847.744.1508
Aspex Solutions, formerly Gen-
eral ASP.
20 www.coloradoleague.org Colorado League of Charter Schools
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