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Regular Board Meeting - 5/15/2008

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SBE Regular Board Meeting - 5/15/2008 9:00:00 AM
201 East Colfax Avenue
Room 101
Denver, Colorado 80203

Pamela Jo Suckla, Chairman, 3rd Congressional District

Bob Schaffer, Vice-Chairman, 4th Congressional District

Elaine Gantz Berman, 1st Congressional District

Randy DeHoff, 6th Congressional District

Evie Hudak, 2nd Congressional District

Peggy Littleton, 5th Congressional District

Jane Goff, 7th Congressional District

Dwight Jones, Commissioner & Secretary to the
State Board of Education

Mary Frances Nevans, Director of State Board Relations


I. CALL TO ORDER

II. PLEDGE OF ALLEGIANCE

III. INSPIRATIONAL MESSAGE

IV. ROLL CALL

V. APPROVAL OF AGENDA

VI. OPPORTUNITY FOR CONSENT MOTION

VII. STATE BOARD COMMITTEE LIAISON REPORTS

VIII. STATE BOARD/COMMISSIONER

1. Report from Commissioner Dwight D. Jones

2. Approval of Specific Changes to SBE Operating Procedures and Draft Calendar

IX. LEARNING SERVICES & RESULTS

1. Approval of Certification of Online Programs
In March, 2008 the State Board of Education approved the Permanent Rules For the Administration, Certification and Oversight of Colorado Online Programs. Within those Rules, there is a provision that Multi-District Online Programs must be certified by the State Board. This will be the first opportunity for the State Board to approve the Certification of Online Programs. In subsequent yearly cycles, there will be two opportunities for applicants to become Certified.

2. Approval of the Permanent Rules for the Administration of Accreditation of School Districts
On April 9, 2008, the State Board of Education held a rulemaking hearing concerning proposed revised rules for Administration of the Accreditation of School Districts. The Board is asked to consider adoption of the revised rules May 15, 2008.

· The rules have been revised to (1) include Colorado's Growth Model, (2) include measures of post-secondary readiness, (3) add a new requirement for CDE to provide pre-populated data to districts, and (4) revise accreditation labels.

· The revised rules will allow CDE to implement a streamlined accreditation contract and a more efficient and effective annual review process.

CDE staff provides the proposed, revised rules and a side-by-side table comparing current rule, proposed changes, and summarized public comment received up to and through the rulemaking hearing of April 9. If the State Board promulgates permanent rules on May 15, the revised rules will take effect on June 30, 2008.

3. Adopt Emergency Rules for the Administration of the School Counselor Corps Grant Program pursuant to HB 08-1370.
Pursuant to HB 08-1370, the School Counselor Corps Grant Program (22-90-101 through 22-90-106, C.R.S.) requires the State Board of Education to promulgate rules which include, but are not limited to: the timeline for submitting applications to the Department; the form of the grant application and any information in addition to that specified in section 22-90-104 (2), C.R.S. to be included in the application; any criteria for awarding grants in addition to those specified in section 22-90-104 (3), C.R.S.; and any information to be included in the Department's program report in addition to that required in section 22-90-106, C.R.S.

The emergency rules, if adopted by the Board, will become effective immediately and will expire on or about August 15, 2008.

4. Approval Notice of Permanent Rulemaking for the Administration of the School Counselor Corps Grant Program
Pursuant to HB 08-1370, the School Counselor Corps Grant Program (22-90-101 through 22-90-106, C.R.S.) requires the State Board of Education to promulgate rules which include, but are not limited to: the timeline for submitting applications to the Department; the form of the grant application and any information in addition to that specified in section 22-90-104 (2), C.R.S. to be included in the application; any criteria for awarding grants in addition to those specified in section 22-90-104 (3), C.R.S.; and any information to be included in the Department's program report in addition to that required in section 22-90-106, C.R.S.

5. Extend the Term of Current Accreditation Contracts
The Board is being asked to approve a 6-month extension of current district accreditation contracts (which expire July 1st, 2008) to permit an orderly and effective implementation of the new accreditation process resulting from revised accreditation rules.

The extension of the current contract will allow CDE and districts to implement a streamlined accreditation contract and a more efficient and effective annual review process. Fall 2008 visits will include an accreditation review and formalization of the new contracts, which will be ready for approval by the Board in December. This allows all parties to build knowledge of the new accreditation process in advance of executing new contracts. Rolling out a new accountability system is a significant change of condition that warrants such an action.

X. SPECIAL SERVICES

1. Exclusive Chartering Authority -- Pueblo 60
22-30.5-504(9)(a), C.R.S. permits a local board of education to adopt a resolution asking the State Board for exclusive chartering authority and therefore not be required to have Charter School Institute schools located within the district's geographic boundaries.

The following district submitted board resolution demonstrating charter school student membership more than three percent above the state average of 6.62%: Pueblo 60 (12.36%)

2. Exclusive Chartering Authority Montezuma-Cortez
22-30.5-504(5)(b)(II), C.R.S. permits a local board of education to adopt a resolution asking the State Board for exclusive chartering authority and therefore not be required to have Charter School Institute schools located within the district's geographic boundaries.

Montezuma-Cortez RE-1 submitted a resolution on March 5th. The school district was granted exclusive chartering authority during the 2007-08 school year under the Free/Reduced Lunch-qualifying criteria. This year the district fell below 3,000 students.

This matter was placed on the May agenda due to the fact that CDE received notification on March 5, four days after the deadline for submitting requests for exclusive chartering authority (March 1). However, CDE received constructive notice of Montezuma-Cortez's intent to file on February 29th. The district board met on March 4th and a resolution was submitted via fax on March 5th.

3. A Waiver Request from Certain Statutes by the Widefield School District #3 on behalf of James Madison Charter Academy
The Widefield School District Board of Education and James Madison Charter Academy have entered into a renewal contract for a period ending June 30, 2010.
JMCA has utilized a Core Knowledge curriculum serving students in grades K-8.

4. A Waiver Request from Certain Statutes by the Boulder Valley School District on Behalf of Horizon K-8 Alternative School.
The Boulder Valley School District Board of Education and Horizon K-8 Alternative School have entered into a contract for a period ending June 30, 2010.

XI. PROFESSIONAL SERVICES

1. Emergency Renewal Authorizations (Monthly total: 2)
Colorado law, 22-60.5-111(1)(c),C.R.S., and State Board Rule 4.03 provide that a local board of education may request an Emergency Authorization to employ a non-licensed teacher, principal, administrator or special services provider. The District must agree to provide an induction program. The State Board will exercise judgment as to whether the District has demonstrated a shortage of nonlicensed personnel and the employment of non-licensed personnel are essential to preserving the instructional program and to the well-being of the children enrolled. In addition, the Emergency Authorizations may be renewed only upon approval by the State Board.

2. Emergency Initial Authorizations - (Monthly total 5)
Colorado law, 22-60.5-111(1)(c),C.R.S., and State Board Rule 4.03 provide that a local board of education may request a Type III Emergency Authorization to employ a non-licensed teacher, principal, administrator or special services provider. The District must agree to provide an induction program. The State Board will exercise judgment as to whether the District has demonstrated a shortage of non-licensed personnel and the employment of non-licensed personnel are essential to preserving the instructional program and to the well-being of the children enrolled. In addition, Type III Emergency Authorizations may be renewed only upon approval by the State Board.

3. Disciplinary Proceedings Concerning an Application for a License Charge No. 2006EC28 and 2007EC07
On August 9, 2007, the Colorado State Board of Education approved a settlement agreement that provided for the denial of the applicant's initial principal license application, the denial of the applicant's professional teacher license renewal application, and the annulment of the applicant's general teacher certificates and professional teacher licenses. The applicant has reapplied for an initial principal license and has submitted evidence of having met the requirements for licensure.

4. Disciplinary Proceedings Concerning License Charge No. 2008EC07
The license holder has been charged with engaging in unlawful and unethical behavior in violation of §Â§22-60.5-107(2)(d) and (4), C.R.S., and Colorado State Board of Education Rules 1 CCR 301-37, 22-60.5-R-15.00(2)(f) and (2)(l) and 22-60.5-R-15.02(10).

5. Disciplinary Proceedings Concerning a License, Charge No. 2008EC08
The license holder has been charged with engaging in unethical behavior in violation of §22-60.5-107(4), C.R.S., and Colorado State Board of Education Rules 1 CCR 301-37, 22-60.5-R-15.00(2)(l) and 22-60.5-R-15.02(9) and (10).

6. Disciplinary Proceedings Concerning a License Charge No. 2008EC09
The license holder has been charged with engaging in unethical behavior in violation of §22-60.5-107(4), C.R.S., and Colorado State Board of Education Rules 1 CCR 301-37, 22-60.5-R-15.00(2)(l) and 22-60.5-R-15.02(1), (10) and (11).

7. Disciplinary Proceedings Concerning a License Charge No. 2008EC11
The license holder has been charged with engaging in unlawful and unethical behavior in violation of §Â§22-60.5-107(2.5)(a)(I)(C) and (4), C.R.S., and Colorado State Board of Education Rules 1 CCR 301-37, 22-60.5-R-15.00(2)(l) and (3)(a) and 22-60.5-R-15.02(10).


8. Disciplinary Proceedings Concerning a License Charge No. 2008EC10
The license holder has been charged with engaging in unethical behavior in violation of §22-60.5-107(4), C.R.S., and Colorado State Board of Education Rules 1 CCR 301-37, 22-60.5-R-15.00(2)(l) and 22-60.5-R-15.02(10).

9. Disciplinary Proceedings Concerning an Application for a License Charge No. 2008EC12
The applicant has been charged with engaging in unlawful and unethical behavior in violation of §Â§22-60.5-107(2.5)(a)(I)(C) and (4), C.R.S., and Colorado State Board of Education Rules 1 CCR 301-37, 22-60.5-R-15.00(2)(l) and (3)(a) and 22-60.5-R-15.02(1), (2), (10) and (11).

10. Re-Approve the Teacher/Special Services Provider Induction Programs submitted by Telluride R-1 School District.
The Educator Licensing Act of 1991 requires school districts who hire new and new-to district licensed educators to provide them with an induction program approved by the State Board of Education. Colorado Revised Statutes [22-60.5-201 C.R.S.] and Colorado State Board of Education (SBE) Rules [22-60.5-R-13.00] further require a cyclical review of School District Induction Programs. The Colorado State Board of Education is authorized to approve induction programs pursuant to 22-60.5-204, C.R.S.

The Telluride R-1 School District seeks re-approval of its induction programs for Teacher/Special Services Provider new to the district.
The proposed program has been determined to meet State Board of Education requirements for school district induction programs. A copy of the Telluride R-1 School District induction program is attached.

11. Approval of the Teacher/Special Services Provider Induction Programs submitted by The Odyssey School.
The Educator Licensing Act of 1991 requires school districts who hire new and new-to district licensed educators to provide them with an induction program approved by the State Board of Education. Colorado Revised Statutes [22-60.5-201 C.R.S.] and Colorado State Board of Education (SBE) Rules [22-60.5-R-13.00] further require a cyclical review of School District Induction Programs. The Colorado State Board of Education is authorized to approve induction programs pursuant to 22-60.5-204, C.R.S.

The Odyssey School seeks approval of its induction programs for Teacher/Special Services Provider new to the district.

The proposed program has been determined to meet State Board of Education requirements for school district induction programs. A copy of The Odyssey School induction program is attached.

12. Approval of the Principal/Administrator Induction Programs submitted by Expeditionary BOCES.
The Educator Licensing Act of 1991 requires school districts who hire new and new-to district licensed educators to provide them with an induction program approved by the State Board of Education. Colorado Revised Statutes [22-60.5-201 C.R.S.] and Colorado State Board of Education (SBE) Rules [22-60.5-R-13.00] further require a cyclical review of School District Induction Programs. The Colorado State Board of Education is authorized to approve induction programs pursuant to 22-60.5-204, C.R.S.

The Expeditionary BOCES seeks approval of its induction programs for Principal/Administrators new to the district.

The proposed program has been determined to meet State Board of Education requirements for school district induction programs. A copy of the Expeditionary BOCES induction program is attached.

13. Establishment of Fees for Licensing Program
The Educator Licensing Act of 1991 authorizes the State Board of Education (SBE) to annually establish the evaluation fees for licenses, authorizations, certificates and endorsements. The proposed fee increase will enable the Office of Professional Services to meet the expectations outlined in HB 08-1344.



XII. STUDENT SUPPORT SERVICES

1. Approval of Payments to Administrative Units Under the Exceptional Children's Educational Act for Evaluations of Children Ages Birth to Three, 2007-08
$2.2 was appropriated in the Exceptional Children's Educational Act (ECEA) to offset the costs incurred by administrative units in conducting child find activities for children who are less than three years of age for eligibility for Part C services under the Individuals with Disabilities Education Act. This birth through two child find activity is required under Section 22-20-118 of the ECEA. The payment for 2007-08 is based on evaluations of 5,520 children at a reimbursement rate of $398.55 per child.

2. Approval of Payments to Administrative Units Under the Exceptional Children's Educational Act for Reimbursement of Tuition Payments to Eligible Facilities Within the Boundaries of the Unit for Certain Students, 2007-08
State Board approval is requested to reimburse administrative units for tuition cost payments made to eligible facilities within the boundaries of the administrative unit for children with disabilities for whom: (a) parental rights had been relinquished by the parents; (b) parental rights had been terminated by the court; (c) parents were incarcerated; (d) parents could not be located; (e) parents resided out of the state, but the Department of Human Services placed the child within the administrative unit; or (f) the children were legally emancipated. The total cost of these placements was $707,344. $.5 million was appropriated for this reimbursement, which will cover 70.7% of the costs. No administrative unit will be reimbursed more than they actually paid for a child. The reimbursement process is defined in section 22-20-114(b.8) of the Exceptional Children's Educational Act.

3. Approval of Payments to Administrative Units Under the Exceptional Children's Educational Act for Reimbursement of Payments for Students in High Cost Out-of-District Placements or Programs, 2007-08
Two million dollars was appropriated in the Exceptional Children's Educational Act to reimburse administrative units for students in high cost out-of-district placements or programs. For the 2007-08 fiscal year, this threshold was set at $40,000 per student. The Special Education Fiscal Advisory Committee has reviewed applications from administrative units and has determined which grant applications to approve, and the amounts to be awarded after applicable revenues were deducted from the costs submitted for reimbursement. In making these decisions, the Committee has, as required by statute, considered each district's annual expenditures for special education, and the percentage those expenditures represented of the district's total audited expenditures. The statutory citation for this grant process is contained in section 22-20-114.5 of the Exceptional Children's Educational Act.
· Grant applications were submitted for XX students in out-of-district placements that cost more than $40,000.
· The $2 million appropriated funded XX of the XX students.

4. Approval of Excess Cost Rates for Eligible Facilities for Extended School Year 2008
The Exceptional Children's Educational Act specifies that the excess cost rate "for educating a child with a disability in a community centered board or a facility shall be established by the department and approved by the state board," and that this charge "shall be the maximum amount the school district of residence shall be obligated to pay for the special educational program..."

The Act also states that "The state board shall promulgate rules and regulations to define the contract approval process, to define the types and amounts of costs in excess of the state average per pupil operating revenues..., and to define other applicable revenues that a school district of residence of a child with a disability shall pay as tuition to educate that child elsewhere at a community centered board or a facility approved by the state board..."


5. Approval of Tuition Rate for Rocky Mountain Deaf School for the 2007-08 School Year
State Board approval is requested to establish the following daily tuition rates for the Rocky Mountain Deaf School for 2007-08 pursuant to Section 9.06(2) of the Rules for the Administration of the Exceptional Children's Educational Act:

· $88.72 K-12
· $44.36 Preschool

The number of program days for the school year is 180.

The Rocky Mountain Deaf School is a charter school located in Jefferson County. This program meets the requirements of Section 9.03(1)(b)(ii) of the Rules because it is designed primarily to serve children with disabilities which provide an intensity and duration of services that differ significantly from other programs in the administrative unit of attendance

XIII. MANAGEMENT, BUDGET & PLANNING

1. Certify Amounts Payable to Eligible School Districts for Military Dependent Supplemental Funding
During the 2007 Legislative session a voluntary February 1 pupil count was added to provide military dependent supplemental funding to eligible school districts. The supplemental count allows school districts who want to participate to submit a second pupil count to the Colorado Department of Education (CDE). This second pupil count included only new students who are dependents of full-time active military personnel; and had moved to the district after the October 1 pupil count; and were not counted on October 1 by any other district within Colorado.

The attachment provided shows the districts that are eligible for this funding and the amounts to be paid to each district. The Board is requested to certify the Military Dependent Supplemental funding for these school districts.

2. Certification of Amounts Payable to School Districts for the Public School Finance Act of 1994 (as amended)
The State Board of Education is responsible for determining the amount of funding which local school districts receive monthly from the state under the provisions of the Public School Finance Act of 1994 (Section 22-54-115, Colorado Revised Statutes). Districts are entitled to receive these funds by the 25th of each month.

Given that the Board will not be holding meetings in June or July, the Board is requested to allow the disbursement of the June 2008 state share payment and the July 2008 state share payment in the amounts determined by the Department. The actual amounts will be certified by the Board at the August 2008 board meeting.

3. Certification of Amounts Payable to School Districts from the Public School Transportation Fund
Pursuant to CRS 22-54-107 Buy-Out of Categorical Programs, Gunnison and Steamboat Springs School Districts certified categorical buy-out mill levies in FY 07-08. The districts are required to use the revenues generated by these mill levies to reimburse the state for categorical funds received. The Department anticipates receiving this money sometime in May which then will be available to provide a second transportation reimbursement payment.

Given that the Board will not be holding a meeting in June, the Board is requested to allow the disbursement of the second reimbursement transportation payment in the amounts determined by the Department. The actual amounts will be certified by the Board at the August 2008 board meeting.

4. Appointment of (3) Members to the "Public School Capital Construction Assistance Board" Established in HB08-1335 (Building Excellent Schools Today-BEST)
HB08-1338 creates a (9) member Public School Capital Construction Assistance Board at CDE. (3) members are to be appointed by the Governor and (3) members are to be appointed by the General (3) members are to be appointed by the General Assembly. The State board appoints (3) members from different areas of the state and from urban, suburban, and rural school districts with demonstrated experience regarding school facility issues and shall include:
A (1) member who is a school district board member at the time of appointment;
B (1) member who is a public school superintendent or administrator at the time of appointment or has recent experience;
C (1) member who is a school facilities planner or manager at the time of appointment or has recent experience.
The function of the Public School Capital Construction Assistance Board is to protect the health and safety of students, teachers, and other persons using public school facilities and maximize student achievement by ensuring that the condition and capacity of public school facilities are sufficient to provide a safe and uncrowded environment that is conducive to students' learning. The Public School Capital Construction Assistance Board is required to:
· Establish public school facility construction guidelines for use by the board in assessing and prioritizing public school capital construction needs, reviewing applications for financial assistance, and making recommendations to the state board regarding appropriate allocation of financial assistance;
· Conduct or contract for a financial assistance priority assessment of public school facilities throughout the state;
· Annually submit a prioritized list of public school facility capital construction projects recommended for financial assistance to the State Board.
The General Assembly has sent HB08-1335 to the Governor for signature and the following appointments are recommended contingent upon the Governor signing the bill into law.
School board member: Timothy White, Douglas County Re-1;
Superintendent: Gregory Randall, Plateau Valley 50;
Facility Manager: Michael Maloney, Colorado Springs 11.
A bio for each appointee and a brief explanation for each appointment are attached.

XIV. FUTURE ACTION

XV. INFORMATION ONLY

XVI. LEGISLATION
Anne Barkis will provide the board with an overview of the State Board's obligations under this year's legislation.

XVII. PUBLIC COMMENT

XVIII. FUTURE BUSINESS

XIX. ADJOURNMENT OF REGULAR BOARD MEETING AND COMMENCEMENT OF SBE RETREAT

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