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Regular Board Meeting - 7/14/2005

Colorado State Board of Education
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REGULAR BOARD MEETING - 7/14/2005 9:00:00 AM
201 East Colfax Avenue, Room 101
Denver, Colorado 80203

Pamela Jo Suckla, Chairman, 3rd Congressional District

Jared Polis, Vice Chairman, Member-at-Large

Randy DeHoff, 6th Congressional District

Evie Hudak, 2nd Congressional District

Peggy Littleton, 5th Congressional District

Karen Middleton, 7th Congressional District

Rico Munn, 1st Congressional District

Clair Orr, 4th Congressional District

William J. Moloney, Commissioner of Education and Secretary to the State Board of Education

Karen A. Gerwitz, Director of State Board Relations

Attendees
Evie Hudak Colorado State Board of Education
Jared Polis Colorado State Board of Education
Pamela Jo Suckla Colorado State Board of Education
Clair Orr Colorado State Board of Education
Rico Munn Colorado State Board of Education
Randy DeHoff Colorado State Board of Education
Peggy Littleton Colorado State Board of Education
Karen Middleton Colorado State Board of Education
  1. CALL TO ORDER

  2. PLEDGE OF ALLEGIANCE

  3. INSPIRATIONAL MESSAGE

  4. ROLL CALL

    Karen Middleton was absent until 10:30 a.m.

  5. APPROVAL OF AGENDA

  6. OPPORTUNITY FOR CONSENT MOTION

  7. COMMUNICATIONS

    1. BOARD MEMBERS' REPORTS

    2. COMMISSIONER'S REPORT

  8. ACTION ITEMS - STATE BOARD/COMMISSIONER/DEPUTY COMMISSIONER

    1. Schools for exemption from the SAR rating.

      Approve the attached list of schools for exemption from the SAR rating. Each of these meets the eligibility criteria for exemption in accordance with SB 02-94 and/or SB 04-83. These 12 schools are new additions to the existing 40 schools previously approved from the exemption from the rating.



      Voting
      Evie Hudak - Yes
      Jared Polis - Yes
      Pamela Jo Suckla - Yes
      Clair Orr - Yes
      Rico Munn - Yes
      Randy DeHoff - Yes
      Peggy Littleton - Yes
      Karen Middleton - No Vote


    2. Contract: Colorado Department of Education, Exceptional Student Services Unit and the University of Colorado at Denver

      Approve the contract between the State of Colorado for the use and benefit of the Department of Education, Exceptional Student Services Unit, and the University of Colorado at Denver, in the amount not to exceed $210,000.00 from August 15, 2005 through August 14, 2006.



      Voting
      Evie Hudak - Yes
      Jared Polis - Yes
      Pamela Jo Suckla - Yes
      Clair Orr - Yes
      Rico Munn - Yes
      Randy DeHoff - Yes
      Peggy Littleton - Yes
      Karen Middleton - No Vote


    3. Designation of BOCES as Local Education Agencies

      BOCES are recognized as Local Education Agencies.



      Voting
      Evie Hudak - Yes
      Jared Polis - Yes
      Pamela Jo Suckla - Yes
      Clair Orr - Yes
      Rico Munn - Yes
      Randy DeHoff - Yes
      Peggy Littleton - Yes
      Karen Middleton - No Vote


    4. Study Committee on Assessment of Students with IEPs

      Approve eight members for the Study Committee on Assessment of Students with IEP's

      Members selected are:

      Menda Warne representing a Community-Based Organization that focuses on students with IEP's

      Mary Sires representing a member who is representative of an association of educators who work with students with IEP's

      Lindy Crawford representing a member who is employed by an institution of higher education who specializes in research regarding students with IEP's

      Mary McGlone representing a member who is a member of a school district Board of Education in a school district that enrolls a significant number of students with IEP's

      Linda Murray representing a member who is employed as a school administrator in a school district that enrolls a significant number of students with IEP's

      Janet Filbin representing a member of a statewide association of school executives and who is an expert in assessments

      Mary West representing a member who is a classroom teacher who spends a significant amount of time teaching students with IEP's

      Alyssa Pearson representing the Department of Education and who is an expert in the federal No Child Left Behind Act of 2001



      Voting
      Unanimously Approved

  9. ACTIONS ITEMS - LEARNING AND RESULTS

  10. ACTION ITEMS - EDUCATIONAL SERVICES

  11. ACTION ITEMS - STATE LIBRARY

  12. ACTION ITEMS - PROFESSIONAL SERVICES

    1. Disciplinary Proceedings Concerning an Application for a License Charge No. 2000EC39

      Instruct department staff to issue a professional teacher license to the applicant.



      Voting
      Evie Hudak - Yes
      Jared Polis - No
      Pamela Jo Suckla - No
      Clair Orr - Yes
      Rico Munn - Yes
      Randy DeHoff - No
      Peggy Littleton - Yes
      Karen Middleton - No Vote


    2. Disciplinary Proceedings Concerning an Application for a License Charge No. 2001EC40

      Instruct department staff to issue a professional teacher license to the applicant.



      Voting
      Evie Hudak - Yes
      Jared Polis - Yes
      Pamela Jo Suckla - Yes
      Clair Orr - Yes
      Rico Munn - Yes
      Randy DeHoff - Yes
      Peggy Littleton - Yes
      Karen Middleton - No Vote


    3. Disciplinary Proceedings Concerning an Application for a License Charge No. 2002EC15

      Instruct department staff to issue a notice of denial and appeal rights to the applicant pursuant to 24-4-104, C.R.S.

      Final Disposition of the State Board Disciplinary Action

      Applicant: Kendalle C. Neff

      Last Known Employment: Espree Child Learning Center

      Last Known Residence: Littleton, Co.

      Reason for Disciplinary Action: Kendalle C. Neff Failed to provide justification

      for issuance of the license with appropriate

      supporting documentation as to her current

      fitness to resume educational duties.

      Final Action of State Board: Denial of the application

      Date of State Board Action: July 14, 2005



      Voting
      Evie Hudak - Yes
      Jared Polis - Yes
      Pamela Jo Suckla - Yes
      Clair Orr - Yes
      Rico Munn - Yes
      Randy DeHoff - Yes
      Peggy Littleton - Yes
      Karen Middleton - No Vote


    4. Disciplinary Proceedings Concerning Authorization No. 246779 and an Application for a License Charge No. 2005EC07

      Instruct department staff to issue a notice of denial and appeal rights to the applicant pursuant to 24-4-104, C.R.S., and instruct department staff and the state attorney generals office to prepare the documents necessary to request a formal hearing for the annulment or revocation of the holders authorization pursuant to 22-60.5-108, C.R.S.

      Final Disposition of State Board Disciplinary Action

      Applicant: Thomas W. Conlon

      Last Known Employment: Douglas Co. S.D. and Lewis-Palmer

      Consolidated S.D.

      Last Known Residence Palmer Lake, Co

      Reason for Disciplinary Action: Thomas W. Conlon was convicted of one

      felony count of criminal sexual contact of a

      minor and failed to disclose this on his

      general teacher certificate renewal application

      Final Action of the State Board: Denial of the application

      Date of State Board Action: July 14, 2005



      Voting
      Evie Hudak - Yes
      Jared Polis - Yes
      Pamela Jo Suckla - Yes
      Clair Orr - Yes
      Rico Munn - Yes
      Randy DeHoff - Yes
      Peggy Littleton - Yes
      Karen Middleton - No Vote


    5. Disciplinary Proceedings Concerning License No. 285437 Charge No. 2005EC08

      Instruct department staff and the state attorney generals office to prepare the documents necessary to request a formal hearing for the annulment or revocation of the holders license pursuant to 22-60.5-108, C.R.S



      Voting
      Evie Hudak - Yes
      Jared Polis - Yes
      Pamela Jo Suckla - Yes
      Clair Orr - Yes
      Rico Munn - Yes
      Randy DeHoff - Yes
      Peggy Littleton - Yes
      Karen Middleton - No Vote


    6. Disciplinary Proceedings Concerning License No. 157337 and No. 157466 Charge No. 2003EC53

      Instruct department staff and the state attorney generals office to prepare the documents necessary to request a formal hearing for the revocation of the holders licenses pursuant to 22-60.5-108, C.R.S.



      Voting
      Evie Hudak - Yes
      Jared Polis - Yes
      Pamela Jo Suckla - Yes
      Clair Orr - Yes
      Rico Munn - Yes
      Randy DeHoff - Yes
      Peggy Littleton - Yes
      Karen Middleton - No Vote


    7. Disciplinary Proceedings Concerning License No. 262687 Charge No. 2004EC39

      Instruct department staff and the state attorney generals office to prepare the documents necessary to request a formal hearing for the revocation of the holders license pursuant to 22-60.5-108, C.R.S.



      Voting
      Evie Hudak - Yes
      Jared Polis - Yes
      Pamela Jo Suckla - Yes
      Clair Orr - Yes
      Rico Munn - Yes
      Randy DeHoff - Yes
      Peggy Littleton - Yes
      Karen Middleton - No Vote


    8. Disciplinary Proceedings Concerning License No. 174100 Charge No. 2004EC45

      Instruct department staff and the state attorney generals office to prepare the documents necessary to request a formal hearing for the revocation of the holders license pursuant to �22-60.5-108, C.R.S.



      Voting
      Evie Hudak - Yes
      Jared Polis - Yes
      Pamela Jo Suckla - Yes
      Clair Orr - Yes
      Rico Munn - Yes
      Randy DeHoff - Yes
      Peggy Littleton - Yes
      Karen Middleton - No Vote


    9. Disciplinary Proceedings Concerning License No. 206988 Charge No. 2005EC14

      Instruct department staff and the state attorney generals office to prepare the documents necessary to request a formal hearing for the revocation of the holders license pursuant to 22-60.5-108, C.R.S.



      Voting
      Evie Hudak - Yes
      Jared Polis - Yes
      Pamela Jo Suckla - Yes
      Clair Orr - Yes
      Rico Munn - Yes
      Randy DeHoff - Yes
      Peggy Littleton - Yes
      Karen Middleton - No Vote


    10. Disciplinary Proceedings Concerning an Application for a License Charge No. 2004EC32

      Signify its acceptance and approval of the terms and conditions of the settlement agreement by directing the commissioner to sign the original copy of the agreement

      Final Disposition of State Board Disciplinary Action

      Applicant: Aubrey J. Lavizzo

      Last Known Employment: Denver Public Schools

      Last Know Residence: Denver, Colorado

      Reason for Disciplinary Action: Aubrey J. Lavizzo pled guilty to one felony count of robbery by sudden snatching

      Final Action of State Board: Denial of the application with provisions for

      reapplication

      Date of State Board Action: July 14, 2005



      Voting
      Evie Hudak - Yes
      Jared Polis - Yes
      Pamela Jo Suckla - Yes
      Clair Orr - Yes
      Rico Munn - Yes
      Randy DeHoff - Yes
      Peggy Littleton - Yes
      Karen Middleton - No Vote


    11. Disciplinary Proceedings Concerning License No. 164694 Charge No. 2004EC40

      Signify its acceptance and approval of the terms and conditions of the settlement agreement by directing the commissioner to sign the original copy of the agreement

      Final Disposition of State Board Disciplinary Action:

      License Holder: Douglas R. DuPont

      License Number: 164694

      Last Known Employment: Denver Public Schools

      Last Known Residence: Aurora, Co

      Reason for Disciplinary Action: Douglas R. DuPont used school district equipment

      and resources to access and view sexually explicit

      materials via the internet in such a way that a

      student observed images, words and phrases of

      a sexual nature on his computer monitor

      Final Action of State Board: Revocation

      Date of State Board Action: July 14, 2005



      Voting
      Evie Hudak - Yes
      Jared Polis - Yes
      Pamela Jo Suckla - Yes
      Clair Orr - Yes
      Rico Munn - Yes
      Randy DeHoff - Yes
      Peggy Littleton - Yes
      Karen Middleton - No Vote


    12. Disciplinary Proceedings Concerning License No. 208908 Charge No. 2004EC47

      Signify its acceptance and approval of the terms and conditions of the settlement agreement by directing the commissioner to sign the original copy of the agreement

      Final Disposition of State Board Disciplinary Action

      License Holder: Daniel J. Rizzo

      License Number: 208908

      Last Known Residence: Colorado Springs, Co.

      Reason for Disciplinary Action: Daniel J. Rizzo pled guilty to one felony count of

      menacing.

      Final Action of State Board: Revocation

      Date of State Board Action: July 14, 2005



      Voting
      Evie Hudak - Yes
      Jared Polis - Yes
      Pamela Jo Suckla - Yes
      Clair Orr - Yes
      Rico Munn - Yes
      Randy DeHoff - Yes
      Peggy Littleton - Yes
      Karen Middleton - No Vote


    13. Disciplinary Proceedings Concerning an Application for a License Charge No. 2005EC06

      Instruct department staff to issue a notice of denial and appeal rights to the applicant pursuant to 24-4-104, C.R.S.

      Final Disposition of State Board Disciplinary Action

      Applicant: Alexzandra C. Taylor

      Last Known Employment: Harrison School District No. 2

      Last Know Residence: Colorado Springs, Colorado

      Reason for Disciplinary Action: Alexandra C. Taylor was convicted of one felony

      count of 2nd degree forgery and provided on her

      license application false information regarding the

      facts and circumstances surrounding her conviction.

      Final Action of State Board: Denial of the application

      Date of State Board Action: July 14, 2005



      Voting
      Evie Hudak - Yes
      Jared Polis - Yes
      Pamela Jo Suckla - Yes
      Clair Orr - Yes
      Rico Munn - Yes
      Randy DeHoff - Yes
      Peggy Littleton - Yes
      Karen Middleton - No Vote


    14. Disciplinary Proceedings Concerning an Application for a License Charge No. 2005EC10

      Instruct department staff to issue a notice of denial and appeal rights to the applicant pursuant to 24-4-104, C.R.S.

      Final Disposition of State Board Disciplinary Action

      Applicant: Richard A. Wirkkanen Jr.

      Last Known Residence: Fort Collins, Colorado

      Reason for Disciplinary Action: Richard A. Wirkkanen Jr. pled guilty to one felony count of criminal mischief.

      Final Action of the State Board: Denial of the application

      Date of State Board Action: July 14, 2005



      Voting
      Evie Hudak - Yes
      Jared Polis - Yes
      Pamela Jo Suckla - Yes
      Clair Orr - Yes
      Rico Munn - Yes
      Randy DeHoff - Yes
      Peggy Littleton - Yes
      Karen Middleton - No Vote


    15. Approval of Requests for Type III Authorizations - Emergency--Initial (18)

      Approve the Initial Type III Authorizations requested.



      Voting
      Evie Hudak - Yes
      Jared Polis - Yes
      Pamela Jo Suckla - Yes
      Clair Orr - Yes
      Rico Munn - Yes
      Randy DeHoff - Yes
      Peggy Littleton - Yes
      Karen Middleton - No Vote


    16. Approval of Requests for Type III Authorizations - Emergency--Renewal (3)

      Approve the Renewal Type III Authorizations requested.



      Voting
      Evie Hudak - Yes
      Jared Polis - Yes
      Pamela Jo Suckla - Yes
      Clair Orr - Yes
      Rico Munn - Yes
      Randy DeHoff - Yes
      Peggy Littleton - Yes
      Karen Middleton - No Vote


    17. REMOVED FROM AGENDA Endorsement preparation program in Gifted Education Specialist, submitted by the University of Northern Colorado (UNC), Greeley.

      Approve the content, of the proposed endorsement preparation program in Gifted Education Specialist, at the University of Northern Colorado (UNC), Greeley.


      REMOVED FROM AGENDA
      No supporting documentation

    18. Amended Rules for the Administration of the Educator Licensing Act of 1991, 1 Colorado Code of Regulations 301-37

      Schedule a hearing at the September 15, 2005 Board meeting to consider changes to the Rules for the Administration of the Educator Licensing Act of 1991 1 CCR 301 37



      Voting
      Evie Hudak - Yes
      Jared Polis - Yes
      Pamela Jo Suckla - Yes
      Clair Orr - Yes
      Rico Munn - Yes
      Randy DeHoff - Yes
      Peggy Littleton - Yes
      Karen Middleton - No Vote


  13. ACTION ITEMS - SPECIAL SERVICES

    1. Waiver request from certain statutes by the Adams County School District 50 on behalf of Crown Pointe Academy of Westminster Charter School

      Approve the waiver request, in addition to the waivers that are automatically approved, for a 29-day period ending Aug. 11, 2005 as follows: 22-9-104(1), 22-32- 109(1)(a)(b)(n)(t); 22-32-110(1)(bb)(I)(y)(ee), 22-32-118, 119 & 120, 22-33-105, C.R.S.



      Voting
      Evie Hudak - Yes
      Jared Polis - Yes
      Pamela Jo Suckla - Yes
      Clair Orr - Yes
      Rico Munn - Yes
      Randy DeHoff - Yes
      Peggy Littleton - Yes
      Karen Middleton - No Vote


    2. Waiver request from certain statutes by the Colorado Springs 11 School District on behalf of Community Prep Charter School

      Approve the waiver request, in addition to the waivers that are automatically approved, for a five-year period ending June 30, 2010 as follows: 22-9-107.1, 22- 32-109(1)(b)(n); 22-32-109.7, 109.8 & 109.9, 22-32-110(1)(h), 22-33-105, 22-60.5-101 et seq. through 22-60.5-404 et seq., C.R.S. and deny 1 CCR 301-1-3.11(104).



      Voting
      Evie Hudak - Yes
      Jared Polis - Yes
      Pamela Jo Suckla - Yes
      Clair Orr - Yes
      Rico Munn - Yes
      Randy DeHoff - Yes
      Peggy Littleton - Yes
      Karen Middleton - No Vote


  14. ACTION ITEMS - MANAGEMENT, BUDGET & PLANNING

    1. APPROVAL OF AMOUNTS PAYABLE TO SCHOOL DISTRICTS FOR THE PUBLIC SCHOOL FINANCE ACT OF 1994 (AS AMENDED)

      Approve $236,195,985.35 payable to school districts for the Public School Finance Act of 1994 (as amended) state share of total program for the period July 2005 through November 2005 for a total of $1,180,979,826.75.



      Voting
      Evie Hudak - Yes
      Jared Polis - Yes
      Pamela Jo Suckla - Yes
      Clair Orr - Yes
      Rico Munn - Yes
      Randy DeHoff - Yes
      Peggy Littleton - Yes
      Karen Middleton - No Vote


    2. CONTINGENCY RESERVE REQUEST FROM WASHINGTON COUNTY, WOODLIN SCHOOL DISTRICT R-104

      Approve an emergency reserve award to Woodlin School District R-104, for assistance with extreme emergency facility repair, in the amount of $181,505, with the monies to be repaid in the event that insurance or legal settlements are received by the district in an amount to cover the costs associated with the damage and subsequent repairs.



      Voting
      Evie Hudak - Yes
      Jared Polis - Yes
      Pamela Jo Suckla - Yes
      Clair Orr - Yes
      Rico Munn - Yes
      Randy DeHoff - Yes
      Peggy Littleton - Yes
      Karen Middleton - No Vote


  15. INFORMATION FOR FUTURE ACTION

    1. Licensure/Endorsement Programs, submitted by Jones International University (JIU), Englewood

    2. "SCHOOL CAPITAL CONSTRUCTION EXPENDITURES RESERVE" PROJECTS

    3. The Colorado Library Advisory Board (CoLAB)

    4. Proposed endorsement preparation program in Special Education Generalist, submitted by the Regis University (Regis), Denver

    5. 2005 Administrative Procedures for Review of a State Board Grant of Exclusive Chartering Authority

    6. Proposed endorsement preparation program in Special Education Generalist, submitted by the University of Northern Colorado (UNC), Greeley.

    7. Proposed endorsement preparation program in French and Spanish, University of Colorado at Denver (UCD)

    8. Reaffirm Mathematics Standards

  16. INFORMATION ONLY

  17. OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD

  18. FUTURE BUSINESS

    1. Upcoming Meetings

  19. ADJOURNMENT







Secretary

Chairperson

For additional information e-mail state.board@cde.state.co.us.

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