Employee Free Choice Act (EFCA)—How It Differs From Current Labor Law

During the Obama administration’s first 100 days in office, several initiatives became law that have had an impact on private-independent schools. One bill of interest to employers, the Employee Free Choice Act (EFCA), appears likely to come before Congress this summer but has received little attention in the private school community. As EFCA may significantly impact the way school employees and administrators interact, this article highlights the main features of the bill, considers key ramifications, and recommends ways to positively reinforce elements of your school culture that could be affected by EFCA.

Recognize Your Faculty’s Excellence and Boost Student Retention.

Among the unsettling findings in ISM’s recent 37-school survey was this one: Less than 61% of the parents surveyed agreed that “The school rewards and recognizes excellence in its faculty.” 1 Only 24.44% “strongly” agreed. As School Head, consider your own situation. How would your own parent body be likely to respond to that item?

The Student Culture Profile and Your Purpose and Outcome Statements

ISM's Student Culture Profile has been in use for four years. Designed for use with middle and upper school students, the instrument can serve a useful purpose in your efforts, as School Head, to monitor the extent to which your student culture conforms to your school's core purposes and outcomes.

Avoid the Pitfalls When You Must Downsize

In difficult economic times, schools with declining enrollments or other financial pressures may feel the need to downsize their faculty and staff. ISM cautions schools to carefully consider the significant negative impact that downsizing can have on a school’s culture. When downsizing cannot be avoided, however, it is vital that a school conduct this process in a way that is legally compliant, doesn’t provoke discrimination claims, and attempts to minimize the negative cultural aspects as much as possible.

Two Sarbanes-Oxley Regulations Your School Must Address

Soon after the enactment of the Sarbanes-Oxley Act (SOX), I&P recommended that private-independent schools adopt the “principles embodied in SOX” as “guidelines for schools to use in ensuring that their management of financial affairs instills confidence.” Private-independent schools, acting as nonprofit institutions, are not required to observe most of the regulations found in SOX. However, there are two regulations they must follow.

Marketing Your Purpose and Outcome Statements

Recently in I&P, we recommended that schools refine or develop three Purpose and Outcome Statements: the school’s mission (more likely a review and refinement), the Portrait of the Graduate, and the Characteristics of Professional Excellence for faculty. While each one has its place in guiding the school’s day-to-day educational activities, they can also be used to clearly differentiate the school from its competition. The three statements and how they are fulfilled provide an excellent opportunity for the school to describe its distinguishing characteristics for its constituencies (internal and external).

Student Discipline, Policies, and Risks

The number of student discipline-related lawsuits against private-independent schools has been increasing over the past several years. Such actions can be with or without merit. The former may lead to a huge monetary loss at a time when schools can least afford it; the latter can lead to loss of reputation and negatively impact your ability to recruit and retain students (and coincidentally, teachers). A thorough review of the manner in which you handle disciplinary situations can possibly save you a great deal of time, money, and prestige.