CRESTONE CHARTER SCHOOL (CCS)
WAIVER LIST IN CONTRACT AND RATIONALE
Originally prepared by Reynold Bean, Director, Crestone Charter School
May 26, 2005
Reviewed for Resubmission by CCS Governing Council and prepared by Kathryn Brady,
Director, Crestone Charter School
June 28th, 2010
22-9-106 C.R.S. Local Board duties concerning performance evaluation for licensed
Performance evaluations are done by the Director of CCS. They are based on
several documents that are at the core of the school’s Mission and program.
These documents include Performance Standards for Teachers at CCS, the Ends
Policies (Carver Governance), and are based on observations and teacher reports
regarding their accomplishment of Ends Policies. This form of evaluation has
been used at CCS for several years, and has resulted in forming a stable staff and
allowed the school to pursue a School Improvement Planning Process that has had
a positive influence on program and results in student performance
22-32-109(1)(f) C.R.S. Local board duties concerning the selection of personnel and
The CCS Governing Council has the responsibility of approving employee
Contracts, while, under Carver Governance, the school’s Director has operational
authority and responsibility for hiring teachers and setting pay scales. The school has a
pay scale that is different from the District’s, insuring that teachers at CCS are paid at a
rate that compares favorably with Moffat District and other small districts in the San Luis
Valley. This approach has resulted in a staff that is highly stable and insures the
professionalism of the staff.
22-32-110 (1)(h) C.R.S. Local Board powers concerning employment termination of
The Director of CCS has sole authority for hiring and terminating school
personnel, based on commonly accepted practices that are current in public schools.
Termination, other than by amicable agreement, have not occurred, and the Staff
Handbook lays out the policies for doing so. The Governing Council is the ultimate
authority in this matter.
22-32-126 C.R.S. Employment and authority of principals.
See above descriptions for authority and responsibility given the Director of CCS
under this section.
22-32-109 (1)(b) Local Board duties/competitive bidding. Requires Board to establish
rules for competitive bidding.
Since CCS is a very small school in a very rural area, and because contractors and
suppliers are in short supply, it is often necessary to select suppliers by other criteria than
competitive bidding. Since the Moffat School, the other school in the District, is often in
the same situation, the Board must often provide exemption to that school for not fully
complying with Board policy. The Board’s policies do recognize, to some degree, the
difficulties described above, so that CCS uses them as guides, but does not seek
exemptions for minor matters.
22-32-110 (1)(i) Local board powers, reimburse employees: gives local Boards power to
CCS has its own budget and conducts its own financial operations, although it purchases
accounting, auditing and bookkeeping services from the District. The local Board has no
authority to usurp the financial decisions made by the administration and Governing
Council of CCS, unless laws are being broken.
22-32-110 (1)(j) Local board power, procure insurance, given Boards power to procure
insurance for employees.
Since CCS maintains its own budget, it reserves the right to procure insurance for
its employees under the most advantageous conditions it can find. Because of its size and
the constitution of the insurance industry, the most advantageous insurance provider is
that used by the District. This waiver is requested in the interests of CCS retaining its
autonomy in this matter, in case the situation were to change.
22-32-110 (1)(k) Local board powers related to in-service training and official conduct:
gives local board power over several personnel matters.
Hiring, training, termination and other personnel actions regarding employees are
retained by the Governing Council and Administration of CCS. Since the school
provides alternative education opportunities for families in this area, it generally seeks
employees, including teachers, who have unusual credentials and special talents and
skills. While using normative practices in personnel matters, the school must retain its
ability to deal with personnel in ways that differ, from time to time, from District
policies. Under this general waiver, no personnel actions have been undertaken by the
school or employees, except that in one instance an employee claim for unemployment
insurance payments was challenged by the District and CCS, but was not upheld.
22-32-110 (1)(ee) Local boards power – employee teacher aides and other non-licensed
personnel: gives local board power to employee certain non-licensed personnel.
See above sections regarding CCS autonomy and authority for hiring employees.
22-33-105 Suspensions, expulsions, and denial of admission: law relates foregoing
Because of its alternative program, CCS has different criteria for exercising these
actions. Enrollment is still essentially on a first come/first served basis. Students
attend CCS on voluntary basis, so that conventional practices regarding
suspension or expulsion are not called into play, and behavioral problems are
dealt with on an individual basis with each student and family. The school’s
retention of its authority in this matter is essential to its being able to carry out its
program successfully. No expulsions or suspensions have been initiated in the
past four years.
22-63-201 Teacher employment, license required, prohibits Board from hiring nonlicensed personnel
CCS needs this exemption for two reasons. We need to employ teachers with
certain skills and experience in order to fulfill the school’s Mission and Ends Policies,
and we are a small school in a very rural area. Both of these factors limit the available
pool of teachers. In the past, two formerly non-licensed teachers completed their
licensure program at Western State College. Because of the school’s unique program, a
teaching license does not insure a prospective teacher’s competence to teach multiple
subjects or multi-graded classrooms. We focus on integrated learning and the license
does not guarantee that a teacher will be able to, as example, integrate art across the
curriculum, or manage to teach several subjects in our small high school. We have
prospered with this exemption previously, and now have a staff that is quite aware of the
laws pertaining to demonstrated competence under NCLB, and will comply with its
22-63-202 Employment contracts to be in writing with certain requirements
CCS has used at-will contracts with its teachers since the school began. All
teachers work on one year re-newable contracts. The written contracts that we have with
teachers conform to all legal requirements, but contain elements that are unique to our
school, specifying a range of duties that are not normally included in teacher contracts.
The current staff has remained stable for three years and the school does not wish the
local Board to intervene in its contractual relationship with its teachers, which have
produced the quality of program that we currently enjoy.
22-63-203 Probationary teachers, contract renewal, relating to first three years of
We do not have classes of teachers at CCS. We do not grant tenure. We treat all
teachers with equity, under the school’s at-will contracts. We only employ experienced
teachers in the Head Teacher position. We have a very small staff and new teachers are
mentored by their colleagues, and regularly evaluated by the Director of the school,
according to a number of factors (ability to teach to the school’s Ends Policies) that are
unique to our program.
22-63-206 Transfer, compensation, district authority to transfer teachers within the
Exemption from this statute is critical to the school’s success. There is one other
school in the District. CCS serves approximately one third of the students resident in the
District. Teachers at Moffat School and CCS are hired differently, have different
background and skill requirements and differing assignments and expectations. We could
not employ teachers assigned to our school without reference to our unique needs, nor
could we allow our teachers to be transferred away from the school to teach at Moffat
22-63-301 Grounds for dismissal, procedures and judicial review
CCS employs teachers for one year at a time under at-will contracts. This allows
the teacher to resign and the school to dismiss them under conditions that are specified in
our contracts with them. During the course of the current contract no teachers have been
dismissed under these provisions, although their have been several amicable resignations.
Because of the program’s unique demands and the centrality of the relationship between
teachers and students, the conditions under which teachers retain their positions are
special and unique to our situation.
22-63-302 Procedures for dismissal of teachers
This exemption follows the previous one and is based on the same logical
grounds. The Teacher’s Handbook of CCS specifies the conditions of employment, the
standard that govern teacher performance and various other matters, such as drug useage,
that could result in teacher dismissal. The teacher contract specify the conditions under
which teachers can be dismissed.
22-63-401 Salary schedule, requires Boards to adopt a salary schedule and policy based
on performance level.
CCS has a salary schedule that differs from that of the District, because of our
need for teachers with special skills and experiences. As a functioning charter school, the
staff has more influence over program and methods than do teachers in conventional
schools. We construe performance in a broader sense than allowed under this statute. It
is important that the school is not constrained by the different standards that the District
may use in its other school to effect the accomplishment of goals in that environment. In
general, as long as a teacher fulfills the expectations of the Director and Governing
Council as are defined by the school’s Ends Policies, they are retained. We have a broad
range of goals that are parallel with academic goals, but different from them. Whether a
teacher achieves performance levels in building social skills or cultural awareness (as
examples) cannot be measured in conventional ways.
22-63-402 Services, disbursements, prohibits disbursements to teacher who is not
See 22-63-201 above.
22-63-403 Payment of salaries, provides salary conditions if terminated.
Because the school has its own salary scale, at-will contracts, different hiring
procedures and standards and different conditions of performance evaluations, it also
needs to be able to deal with issues of termination in ways that are based on contracts
between the school and teachers, in ways that are consistent with law regarding such
contracts and in conformance with reasonable and normative practices.
CCS Waiver Request - pdf (2.9 MB)
CCS Amendment No. 1 to Charter School Renewal Contract - pdf (2.96 MB)