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Regular Board Meeting - 7/13/2006

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REGULAR MEETING - 7/13/2006 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

Bob Schaffer, 4th Congressional District

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

  2. PLEDGE OF ALLEGIANCE

  3. INSPIRATIONAL MESSAGE

  4. ROLL CALL

  5. APPROVAL OF AGENDA

    Unanimously approved the agenda as amended.

  6. TIMED ITEMS

  7. OPPORTUNITY FOR CONSENT MOTION

    Unamiously approved the consent agenda as indicated.

  8. COMMUNICATIONS

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

    1. Denver Public Schools Reform Strategies for Bruce Randolph Middle School and Maria Mitchell Elementary School

      Approved the request from DPS determining the district's efforts constituted major restructuring for Bruce Randolph Middle School and Maria Mitchell Elementary School under 22-7-609.3, C.R.S.

      Motion made by: Rico Munn
      Motion seconded by: Jared Polis

      Voting
      Pamela Jo Suckla - Yes
      Jared Polis - Yes
      Bob Schaffer - No
      Evie Hudak - Yes
      Karen Middleton - Yes
      Peggy Littleton - Yes
      Randy DeHoff - Yes
      Rico Munn - Yes


  10. ACTION ITEMS - LEARNING AND RESULTS

  11. ACTION ITEMS - EDUCATIONAL SERVICES

  12. ACTION ITEMS - STATE LIBRARY

  13. ACTION ITEMS - PROFESSIONAL SERVICES

    1. Disciplinary Proceedings Concerning License No. 242104 Charge No. 2005EC13

      The State Board signified 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.

      Consent Item

      Final Disposition of State Board Disciplinary Action

      Charge No. 2005EC13

      License Holder: Gwen A. Cardozo

      License Number: 242104

      Last Known School District

      of Employment: Colorado Springs School District No. 11

      Last Known Community of

      Residence: Colorado Springs, Colorado

      Reason for Disciplinary Action: Gwen A. Cordozo received a deferred judgment

      and sentence for one felony count of sexual

      assault on a child by a person in a position of

      trust.

      Final Action of the State Board: Permanent revocation

      Date of State Board Action: July 13, 2006



      Voting
      Unanimously Approved

    2. Disciplinary Proceedings Concerning License No. 292673 Charge No. 2005EC17

      The State Board signified 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.

      Consent Item

      Final Disposition of State Board Disciplinary Action

      Charge No. 2005EC17

      License Holder: Eddie F. Williams

      License Number: 292673

      Last Known School District of

      Employment: Douglas County School District No. RE-1

      Last Known Community of

      Residence: Parker, Colorado

      Reason for Disciplinary Acton: Eddie F. Williams received a deferred

      judgment and sentence for one felony

      count of criminal mischief, an offense

      the underlying factual basis of which was

      found by the court on the record to include

      an act of domestic violence.

      Final Action of the State Board: Revocation

      Date of State Board Action: July 13, 2006



      Voting
      Unanimously Approved

    3. Disciplinary Proceedings Concerning Authorization No. 289151 Charge No. 2005EC29

      The State Board signified 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.

      Consent Item

      Final Disposition of State Board Disciplinary Action

      Charge No. 2005EC29

      Authorization Holder: Garry L. Weaver

      Authorization Number: 289151

      Last Known School District of

      Employment: Jefferson County School District

      No. R-1

      Last Known Community of Residence: Westminster, Colorado

      Reason for Disciplinary Action: Garry L. Weaver pled guilty to and

      received a deferred judgment and

      sentence for one felony count of 1st

      degree assault, one felony count of

      2nd degree assault, two felony counts

      of menacing and one felony count of

      tampering with physical evidence.

      Final Action of the State Board: Revocation

      Date of State Board Action: July 13, 2006



      Voting
      Unanimously Approved

    4. Disciplinary Proceedings Concerning License No. 298053 and Authorization No. 231465 Charge No. 2005EC33

      The State Board signified 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.

      Consent Item

      Final Disposition of State Board Disciplinary Action

      Charge No. 2005EC33

      License and Authorization Holder: William H. Foster III

      License Number: 298053

      Authorization Number: 231465

      Last Known Community of Residence: Fort Collins, Colorado

      Reason for Disciplinary Action: William H. Foster III pled guilty to

      one felony count of tampering with

      physical evidence.

      Final Action of the State Board: Revocation

      Date of State Board Action: July 13, 2006



      Voting
      Unanimously Approved

    5. Disciplinary Proceedings Concerning License No. 171939 Charge No. 2005EC35

      The State Board signified 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.

      Consent Item

      Final Disposition of State Board Disciplinary Action

      Charge No. 2005EC35

      License Holder: Ron L. Green

      License Number: 171939

      Last Known School District of

      Employment: Cheyenne Mountain School District No. 12

      Last Known Community of

      Residence: Divide, Colorado

      Reason for Disciplinary Action: Ron L. Green pled guilty to one felony count of

      menacing.

      Final Action of the State Board: Permanent revocation

      Date of State Board Action: July 13, 2006



      Voting
      Unanimously Approved

    6. Disciplinary Proceedings Concerning License No. 164977 Charge No. 2006EC03

      The State Board signified 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.

      Consent Item

      Final Disposition of State Board Disciplinary Action

      Charge No. 2006EC03

      License Holder: Benito C. Martinez Jr.

      License Number: 164977

      Last Known School District of

      Employment: Alamosa School District No. RE-11J

      Last Known Community of

      Residence: Alamosa, Colorado

      Reason for Disciplinary Action: Benito C. Martinez Jr. engaged in

      inappropriate conduct toward female

      students.

      Final Action of the State Board: Permanent revocation

      Date of State Board Action: July 13, 2006



      Voting
      Unanimously Approved

    7. Disciplinary Proceedings Concerning Authorization No. 294380 Charge No. 2006EC14

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

      Consent Item

      Voting
      Unanimously Approved

    8. Disciplinary Proceedings Concerning an Application for a License Charge No. 2006EC15

      The State Board dismissed the charge.

      Consent Item

      Voting
      Unanimously Approved

    9. Disciplinary Proceedings Concerning Authorization No. 323720 Charge No. 2006EC16

      The State Board instructed 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.

      Consent Item

      Voting
      Unanimously Approved

    10. Type III Authorizations-Emergency--Initial (10)

      Approved the Initial Type III Authorizations requested.



      Motion made by: Jared Polis
      Motion seconded by: Evie Hudak

      Voting
      Pamela Jo Suckla - Yes
      Jared Polis - Yes
      Bob Schaffer - Yes
      Evie Hudak - Yes
      Karen Middleton - Yes
      Peggy Littleton - Yes
      Randy DeHoff - No
      Rico Munn - Yes


    11. Type III Authorizations - Emergency-Renewal(5)

      Approved the Renewal Type III Authorizations requested.



      Motion made by: Jared Polis
      Motion seconded by: Evie Hudak

      Voting
      Pamela Jo Suckla - Yes
      Jared Polis - Yes
      Bob Schaffer - Yes
      Evie Hudak - Yes
      Karen Middleton - Yes
      Peggy Littleton - Yes
      Randy DeHoff - No
      Rico Munn - Yes


    12. Pikes Peak BOCES: Add the special education generalist endorsement to Pikes Peak BOCES approved Teacher In Residence Program

      Approved the special education generalist endorsement to the Pikes Peak BOCES
      Teacher In Residence Program for a two year provisional period.

      Consent Item

      Voting
      Unanimously Approved

    13. Pueblo 60 @70 Teacher In Residence Programs: Add the Linguistic Diverse Endorsement to Pueblos 60 and 70 approved Teacher In Residence Programs

      Approved the Linguistically Diverse Endorsement to Pueblo 60 and 70 Teacher In Residence Programs as a two year provisional approval.

      Consent Item

      Voting
      Unanimously Approved

  14. ACTION ITEMS - SPECIAL SERVICES

    1. Waiver request from certain statutes by the Elizabeth C-1 School District on behalf of Elbert County Charter School.

      Approved the attached waiver request, in addition to the waivers that are automatically approved, for a period ending June 30, 2009 as follows: 22-32-109(1)(b)(t), C.R.S.

      Consent Item

      Voting
      Unanimously Approved

    2. Waiver request from certain statutes by the Elizabeth C-1 School District on behalf of Elbert County Charter High School

      Approved the attached waiver request, in addition to the waivers that are automatically approved, for a period ending June 30, 2011 as follows: 22-32-109(1)(b)(t), C.R.S.

      Consent Item

      Voting
      Unanimously Approved

    3. Waiver request from certain statutes by the Falcon D49 School District on behalf of Rocky Mountain Classical Academy Charter School

      Approved the attached waiver request, in addition to the waivers that are automatically approved, for a period ending June 30, 2009 as follows: 22-7-106, 107, 207; 22-32-109(1)(n)(t)(z)(cc), 109.3; 22-32-110(1)(b)(i)(j)(k)(m)(r)(ee)(jj), 110.7, 117, 118, 119; 22-87-104, 105, C.R.S.



      Motion made by: Jared Polis
      Motion seconded by: Randy DeHoff

      Voting
      Unanimously Approved

    4. Waiver request from certain statutes by Brighton 27-J School District on behalf of Bromley East Charter School

      Approved the attached waiver request, in addition to the waivers that are automatically approved, for a period ending June 30, 2011 as follows: 22-32-109(1)(h)(n)(I)(t); 22-32-110(1)(k)(y); 22-33-104(4) & 105, C.R.S.

      Consent Item

      Voting
      Unanimously Approved

    5. Waiver request from certain statutes by the Weld County 6 School District on behalf of Frontier Academy Charter School

      Approved the attached waiver request, in addition to the waivers that are automatically approved, for a period ending June 30, 2031 as follows: 22-32-109(1)(b)(n)(t)(bb), 109.7, 109.8, 109.9; 22-32-110(1)(j)(k)(ee), 22-32-119; 22-33-104(4), 105, 107, 108, C.R.S. noting that 22-32-109.7, 109.8 & 109.9, C.R.S. are delegation waivers.

      Motion by Evie Hudak to amend the date from 6/30/31 to 6/30/16 failed 1:7

      Motion made by: Jared Polis
      Motion seconded by: Peggy Littleton

      Voting
      Unanimously Approved

    6. Waiver request from certain statutes by the Lamar RE-2 School District on behalf of Alta Vista Charter School

      Approved the attached waiver request, in addition to the waivers that are automatically approved, for a period ending December 31, 2036 as follows: 22-9-101; 22-63-101 & 103, C.R.S.

      Motion by Evie Hudak to amend the date from 12/31/36 to 12/31/16 failed 1:6, Rico Munn was absent for the vote.

      Motion made by: Jared Polis
      Motion seconded by: Randy DeHoff

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


    7. Waiver request from certain statutes by Harrison School District #2 on behalf of James Irwin Charter Elementary School

      Approved the attached waiver request, in addition to the waivers that are automatically approved, ending June 30, 2010 as follows: 22-32-110(1)(i)(j)(k)(ee), C.R.S.

      Consent Item

      Voting
      Unanimously Approved

    8. Waiver request from certain statutes by the Colorado Charter School Institute on behalf of Northern Colorado Academy of Arts & Knowledge Point Charter School

      Denied 22-30.5-111(3), C.R.S., noting that the automatic waivers will be otherwise approved.



      Motion made by: Jared Polis
      Motion seconded by: Evie Hudak

      Voting
      Pamela Jo Suckla - Yes
      Jared Polis - Yes
      Bob Schaffer - Yes
      Evie Hudak - Yes
      Karen Middleton - Yes
      Peggy Littleton - Yes
      Randy DeHoff - Abstain
      Rico Munn - Yes


    9. Waiver request from certain statutes by the Lewis-Palmer School District 38 on behalf of Monument Academy

      Approved the attached waiver request, in addition to the waivers that are automatically approved, for a period ending June 30, 2011 as follows: 22-32-109(1)(e)(h)(n)(t)(cc); 109.7, 109.8 & 109.9; 22-32-110(1)(b)(i)(j)(k)(m)(r)(y)(jj)(ee), 110.7; 117 & 118, C.R.S. noting that 109.7, 109.8 and 109.9, C.R.S. are delegation waivers.

      Motion by Evie Hudak to amend by denying 22-32-109(1)(e) failed 3:5

      Motion made by: Jared Polis
      Motion seconded by: Randy DeHoff

      Voting
      Unanimously Approved

    10. A waiver request from certain statutes by the Boulder Valley RE-2 School District on behalf of Summit Middle Charter School

      Approved the attached waiver request, in addition to the waivers that are automatically approved, for a period ending June 30, 2011 as follows: 22-1-110; 22-32-109(1)(h)(n)(t), 109.7, 109.8, 109.9; 22-32-110(1)(i)(j)(k)(ee)(y); 22-32-120, C.R.S. noting that 22-32-109.7, 109.8 and 109.9 are delegation waivers.

      Consent Item

      Voting
      Unanimously Approved

    11. A waiver request from certain statutes by Brighton School District 27J on behalf of Brighton Charter School.

      Approved the attached waiver request, in addition to the waivers that are automatically approved for a period ending June 30, 2030 as follows: 22-32-110(1)(i)(j)(k)(ee), C.R.S.

      Motion made by: Jared Polis
      Motion seconded by: Randy DeHoff

      Voting
      Unanimously Approved

    12. A waiver request from certain statutes by the Colorado Charter School Institute on behalf of Stone Creek Elementary Charter School

      Approved the attached waiver request, in addition to the waivers that are automatically approved, for a period ending June 30, 2011 as follows: 22-7-106 & 107; 22-9-107; 22-32-109(1)(b)(n)(t), 109.7, 109.8, 109.9; 22-32-110(1)(i)(j)(k)(ee); 22-32-119; 22-33-104(4), 105, 107 & 108, C.R.S. noting that 22-32-109.7, 109.8 and 109.9 are delegation waivers.

      Motion by Evie Hudak to deny 22-7-106, 107 failed 2:5, Randy DeHoff recused himself.

      Motion made by: Jared Polis
      Motion seconded by: Karen Middleton

      Voting
      Pamela Jo Suckla - Yes
      Jared Polis - Yes
      Bob Schaffer - Yes
      Evie Hudak - Yes
      Karen Middleton - Yes
      Peggy Littleton - Yes
      Randy DeHoff - Abstain
      Rico Munn - Yes


    13. A waiver request from certain statutes by the Colorado Charter School Institute on behalf of the Pinnacle Charter School

      Approved the attached waiver request, in addition to the waivers that are automatically approved, for a period ending June 30, 2011 as follows: 22-9-107; 22-32-109(1)(b)(n)(t), 109.7, 109.8, 109.9; 22-33-104(4), 105, 107 & 108, C.R.S. noting that 22-32-109.7, 109.8 and 109.9 are delegation waivers.

      Motion by Evie Hudak to deny waivers 22-7-106 and 107 carried 5:2, Randy DeHoff recused.

      Motion made by: Jared Polis
      Motion seconded by: Karen Middleton

      Voting
      Pamela Jo Suckla - Yes
      Jared Polis - Yes
      Bob Schaffer - Yes
      Evie Hudak - Yes
      Karen Middleton - Yes
      Peggy Littleton - No
      Randy DeHoff - Abstain
      Rico Munn - Yes


    14. A waiver request from certain statutes by the Colorado Charter School Institute on behalf of The Academy at High Point Charter School

      Approved the attached waiver request, in addition to the waivers that are automatically approved, for a period ending June 30, 2011 as follows: 22-9-107; 22-32-109(1)(b)(n)(t), 109.8, 109.9; 22-32-110(1)(i)(j)(k)(ee)(y); 22-32-119; 22-33-105 & 107, C.R.S. noting that 22-32-109.8 and 109.9 are delegation waivers.

      Motion made by: Jared Polis
      Motion seconded by: Peggy Littleton

      Voting
      Pamela Jo Suckla - Yes
      Jared Polis - Yes
      Bob Schaffer - Yes
      Evie Hudak - Yes
      Karen Middleton - Yes
      Peggy Littleton - Yes
      Randy DeHoff - Abstain
      Rico Munn - Yes


  15. ACTION ITEMS - PREVENTATIVE INITIATIVES/EXCEPTIONAL CHILDREN

    1. Adoption of the CSAP Alternate Achievement Standards (inclusive of the Performance Level Descriptors and cut-scores)

      Adopted the Colorado alternate achievement standards for grades 3-10 in reading and mathematics, and for grades 5, 8 and 10 in science. The Colorado Alternate Achievement Standards include performance levels and performance level descriptors matched to cut scores on the CSAP alternate tests for grades 3-10 in reading and mathematics, and grades 5, 8 and 10 in science.

      Consent Item

      Voting
      Unanimously Approved

  16. ACTION ITEMS - MANAGEMENT, BUDGET & PLANNING

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

      Approved $254,022,780.52 per month and a total of $1,270,113,902.60 for July 2006through November 2006 payable to school districts for the Public School Finance Act of 1994 (as amended) state share of total program.

      Consent Item

      Voting
      Unanimously Approved

    2. EDAC Member Replacements for Term Expirations

      Approved Debi Blackwell, Lisa Escarcega, Mary McGrane, Neil Schaal, and Genie Trapp as replacements for the members of the Educational Data Advisory Committee (EDAC) whose four-year terms will expire in the 2006-07 school year.

      Consent Item

      Voting
      Unanimously Approved

    3. Excess Cost Rates for Eligible Facilities for Extended School Year 2006

      The State Board approved the attached list of special education excess cost rates.

      Consent Item

      Voting
      Unanimously Approved

    4. Schools Exempt from School Accountability Report (SAR) Ratings

      Approved to designate schools (both renewing and new applications) listed on the attached list as Alternative Education Campuses, thereby exempting them from receiving ratings on their School Accountability Reports pursuant to Section 22-7-604(1.5)(a)(II), C.R.S.

      New America School - Lowry was not among the list of approved schools. Motion by Jared Polis to divide the question and vote separately on New America School and Urban Learning so that he could recuse himself was approved unanimously.

      Voting
      Unanimously Approved

  17. INFORMATION FOR FUTURE ACTION

    1. Proposed Principal/Administrator Induction Program submitted by the Clear Creek School District, Idaho Springs

      Review the content of the proposed Principal/Administrator Induction program at the Clear Creek School District in Idaho Springs.



    2. Proposed Teacher Induction Program submitted by the Hope Montessori Academy and Andrews Academy, Colorado Springs

      Review the content of the proposed Teacher Induction program at the Hope Montessori Academy and Andrews Academy in Colorado Springs.



    3. Proposed Teacher/Special Services Providers Induction Program submitted by the North Conejos School District, La Jara

      Review the content of the proposed Teacher/Special Services Providers Induction program at the North Conejos School District in La Jara.



    4. School Capital Construction Expenditures Reserve Projects and School Construction and Renovation Fund Projects

      The State Board of Education reviews the three lists of projects. One list will be projects recommended for approval and award from the "School Capital Expenditures Reserve". The second will be a prioritized list of back-up projects that will receive funding that is remaining upon completion of projects that receive grants from the "School Capital Expenditures Reserve". The third will be a list of projects recommended for approval from the School Construction and Renovation Fund.



    5. North East BOCES to become a Designated Agency for the Alternative Licensing Program.

      Review this item which will be resubmitted to the Board as action item for the August Board Meeting.



    6. Resolution Concerning Environmental Education

      Jared Polis and Karen Middleton are requesting the Board to consider this resolution for adoption in its August meeting.



    7. Contract: Colorado Department of Education, CTB/McGraw-Hill, Office of Management Services for the Colorado English Language Assessment (CELA) program.

      Consider the contract between the Colorado Department of Education, CTB/McGraw-Hill, Office of Management Services for the Colorado English Language Assessment (CELA) program in an amount not to exceed $3,595,638.00 for the period of March 1, 2006 through June 30, 2006.

    8. Contract: Colorado Department of Education, CTB/McGraw-Hill, Office of Management Services for the Colorado Student Assessment Program (CSAP).

      Consider the contract between the Colorado Department of Education, CTB/McGraw-Hill, Office of Management Services for the Colorado Student Assessment Program (CSAP) in an amount not to exceed $ 18,059,132.00 for the period of July 1, 2006 through June 30, 2007.

  18. INFORMATION ONLY

    1. Human Resources At-Will Employee Salary Range Schedule

    2. The Colorado Library Advisory Board (CoLAB) will be asking for appointments of 5 board members; and will be asking for reappointment of 1 board member for a second 3-year term.

  19. OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD

  20. FUTURE BUSINESS

  21. ADJOURNMENT







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