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Regular Board Meeting - 4/12/2007

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REGULAR BOARD MEETING - 4/12/2007 9:00:00 AM
Colorado Department of Education
201 East Colfax Avenue, Board Room
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

Karen Middleton, 7th Congressional District

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

Attendees
Randy DeHoff Colorado State Board of Education
Karen Middleton Colorado State Board of Education
Peggy Littleton Colorado State Board of Education
Pamela Jo Suckla Colorado State Board of Education
Elaine Gantz Berman Colorado State Board of Education
Evie Hudak Colorado State Board of Education
Bob Schaffer Colorado State Board of Education
  1. CALL TO ORDER

  2. PLEDGE OF ALLEGIANCE

  3. INSPIRATIONAL MESSAGE

  4. ROLL CALL

    All Present

  5. APPROVAL OF AGENDA

    Unanimously Approved

  6. OPPORTUNITY FOR CONSENT MOTION

    Unanimously Approved

  7. TIMED ITEMS

    1. Rules Hearing: Minimum Standards for School Transportation Vehicles, 301-25

      Closed oral portion of the hearing and directed staff to make revisions to the amendements to the Minimum Standards for School Transportation Vehicles Rules, 301-25.

      Motion made by: Karen Middleton
      Seconded by: Evie Hudak

      Unanimously Approved

  8. COMMUNICATIONS

  9. ACTION ITEMS - STATE BOARD/COMMISSIONER

    1. REMOVE ITEM FROM AGENDA Proposed Resolution Concerning the Mandatory HPV Vaccine

      Approve the attached resolution concerning the mandatory HPV vaccine.



  10. ACTION ITEMS - LEARNING & RESULTS

  11. ACTION ITEMS - EDUCATIONAL SERVICES

    1. Waiver Request Renewal: Delta County School District 50(J)

      Approved renewal of waiver from the following statutes for the Vision Academy in the Delta County School District 50J from July 1, 2007 through June 30, 2010: 22-9-106 (4); 22-32-109 (1) (b); 22-32-109 (1) (f) local board duties concerning selection of personnel and pay; 22-32-109 (1) (t); 22-32-110 (1) (h); 22-32-126; 22-63-201; 22-63-203; 22-63-206; 22-63-301; 22-63-302; 22-63-401; 22-63-402; 22-63-403 C.R.S.

      On consent

      Voting
      Unanimously Approved

  12. ACTION ITEMS - STATE LIBRARY

    1. Permanent Rules for the Accessible Educational Materials for Students with Print Disabilities Grant Program, 301-70

      Adopted the permanent rules for the Accessible Educational Materials for Students with Print Disabilities Grant Program.

      Motion made by: Randy DeHoff
      Motion seconded by: Evie Hudak

      Voting
      Randy DeHoff - Yes
      Karen Middleton - Yes
      Peggy Littleton - Yes
      Pamela Jo Suckla - Yes
      Elaine Gantz Berman - Yes
      Evie Hudak - Yes
      Bob Schaffer - No


  13. ACTION ITEMS - ENGLISH LANGUAGE ACQUISITION

  14. ACTION ITEMS - PROFESSIONAL SERVICES

    1. Establishment of Fees for Licensing Program

      Approved the establishment of the following evaluation fees for July 1, 2007 to June 30, 2008: evaluations $60, one-year substitutes $30.

      On consent



      Voting
      Unanimously Approved

    2. Linguistically Diverse Education (LDE) Teacher Preparation Program: Regis University

      Approved the Regis University Linguistically Diverse educator preparation program.

      On consent

      Voting
      Unanimously Approved

    3. Principal/Administrator Induction Program: Adams County 50 School District, Westminster.

      Re-approved the Adams County 50 School District, Westminster, Principal/Administrator
      Induction Program.

      On consent

      Voting
      Unanimously Approved

    4. Principal/Administrator Induction Program: Boulder Valley School District

      Re-approved the Boulder Valley School District Principal/Administrator Induction Program.

      On consent

      Voting
      Unanimously Approved

    5. Teacher/Special Service Provider Induction Program: Adams County 50 School District, Westminster

      Re-approved the Adams County 50 School District, Westminster, Teacher/Special Service
      Provider Induction Program.

      On consent

      Voting
      Unanimously Approved

    6. Teacher/Special Service Provider Induction Program: Boulder Valley School District

      Re-approved the Boulder Valley School District Teacher/Special Service Provider Induction
      Program.

      On consent

      Voting
      Unanimously Approved

    7. Teacher/Special Service Provider Induction Program: Southwest BOCS

      Re-approved the Southwest BOCS Teacher/Special Service Provider Induction Program.

      On consent

      Voting
      Unanimously Approved

    8. Disciplinary Proceedings Concerning License No. 283427, Charge No. 2006EC13

      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 license pursuant to 22-60.5-108, C.R.S.

      On consent

      Voting
      Unanimously Approved

    9. Disciplinary Proceedings Concerning License No. 305524, Charge No. 2006EC34

      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 license pursuant to 22-60.5-108, C.R.S.

      On consent

      Voting
      Unanimously Approved

    10. Disciplinary Proceedings Concerning an Application for a License, Charge No. 2006EC42

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

      On consent

      Final Disposition of State Board Disciplinary Action

      Charge No. 2006EC42

      Applicant: Ann M. Graham

      Last Known School

      of Employment: Springing Up Child Development Center

      Last Known Community

      of Residence: Parker, Colorado

      Reason for Disciplinary Action: Ann M. Graham took educational materials belonging

      to Raymore-Peculiar R-II School District, sold them

      on eBay and converted the proceeds to her own use

      and benefit without the school districts knowledge

      or consent, committed issuance of a bad check, and

      failed to disclose on her Colorado initial educator

      license application that she was convicted of one

      misdemeanor count of issuance of a bad

      check.

      Final Action of the State Board: Denial of the application

      Date of State Board Action: April 12, 2007



      Voting
      Unanimously Approved

    11. Disciplinary Proceedings Concerning License and Authorization Applications, Charge No. 2007EC02

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

      On consent

      Final Disposition of State Board Disciplinary Action

      Charge No. 2007EC02

      Applicant: Raymond T. Kosloski

      Last Known School

      of Employment: Excelsior Youth Center

      Last Known Community

      of Residence: Aurora, Colorado

      Reason for Disciplinary Action: Raymond T. Kosloski was convicted of

      one felony count of burglary, one felony

      count of aggravated assault and one

      felony count of dealing in stolen property.

      Final Action of the State Board: Denial of the applications

      Date of State Board Action: April 12, 2007



      Voting
      Unanimously Approved

    12. Disciplinary Proceedings Concerning an Application for an Authorization, Charge No. 2007EC05

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

      On consent

      Voting
      Unanimously Approved

    13. Disciplinary Proceedings Concerning an Application for a License, Charge No. 2007EC06

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

      On consent

      Final Disposition of State Board Disciplinary Action

      Charge No. 2007EC06

      Applicant: Julia A. Burton

      Last Known Community

      of Residence: Thornton, Colorado

      Reason for Disciplinary Action: Julia A. Burton was convicted of one

      felony count of criminal attempt to commit

      theft and failed to disclose this conviction on

      her Colorado alternative teacher license

      application.

      Final Action of the State Board: Denial of the application

      Date of State Board Action: April 12, 2007



      Voting
      Unanimously Approved

    14. Disciplinary Proceedings Concerning an Application for a License, Charge No. 2007EC07

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

      On consent

      Final Disposition of State Board Disciplinary Action

      Charge No. 2007EC07

      Applicant: Maurice Young

      Last Known School District

      of Employment: Denver Public Schools

      Last Known Community

      of Residence: Kittredge, Colorado

      Reason for Disciplinary Action: Maurice Young was convicted of one

      felony count of unlawful possession of

      hashish and failed to disclose this

      conviction on his 1985 Colorado

      general teacher certificate application,

      1990 Colorado general teacher

      certificate renewal application, 1995

      Colorado general teacher certificate

      renewal application, and 2000 Colorado

      professional teacher license renewal

      application.

      Final Action of the State Board: Denial of the application

      Date of State Board Action: April 12, 2007



      Voting
      Unanimously Approved

    15. Appeal of Administrative Law Judge Decision re. OAC Case No. ED 2006-0004, CDE Charge No. 2004EC39, License 262687

      Considered the exceptions filed in OAC Case No. ED 2006-0004, CDE Charge No. 2004EC39 and accepted Administrative Law Judge's Initial Decision as the Board's Final Agency Order.

      Final Disposition of State Board Disciplinary Action

      Charge No. 2004EC39

      License Holder: Kevin M. Ponis

      License Number: 262687

      Last Known School District

      of Employment: Jefferson County School District No. R-1

      Last Known Community

      of Residence: Canon City, Colorado

      Reason for Disciplinary Action: Kevin M. Ponis engaged in sexual

      relationships with female students

      and was convicted of one felony

      count of sexual assault on a child

      by one in a position of trust as part

      of a pattern of abuse.

      Final Action of the State Board: Revocation

      Date of State Board Action: April 12, 2007



      Motion made by: Karen Middleton
      Motion seconded by: Randy DeHoff

      Voting
      Unanimously Approved

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

      Approved the Initial Type III Authorizations requested.

      Motion made by: Evie Hudak
      Motion seconded by: Karen Middleton

      Voting
      Randy DeHoff - No
      Karen Middleton - Yes
      Peggy Littleton - No
      Pamela Jo Suckla - Yes
      Elaine Gantz Berman - Yes
      Evie Hudak - Yes
      Bob Schaffer - Yes


    17. Type III Emergency Authorizations--Renewal (1)

      Approved the Renewal Type III Authorizations requested.

      Motion made by: Evie Hudak

      Voting
      Randy DeHoff - No Vote
      Karen Middleton - Yes
      Peggy Littleton - No
      Pamela Jo Suckla - Yes
      Elaine Gantz Berman - Yes
      Evie Hudak - Yes
      Bob Schaffer - Yes


  15. ACTION ITMES - SPECIAL SERVICES

    1. Summer School Grant Program

      Accepted recommendations for summer school grant recipients and amount of grant awards.

      On consent

      Voting
      Unanimously Approved

    2. School District Seeking Exclusive Chartering Authority: Adams 12 Five Star Schools

      Karen Middleton moved to approve the Adams 12 Five Star School District exclusive chartering authority according to 22-30.5-504(4)(a), C.R.S. Evie Hudak seconded motion. Motion fails. Exclusive chartering authority denied.

      Motion made by: Evie Hudak
      Motion seconded by: Karen Middleton

      Voting
      Randy DeHoff - Recused
      Karen Middleton - Yes
      Peggy Littleton - No
      Pamela Jo Suckla - No
      Elaine Gantz Berman - No
      Evie Hudak - Yes
      Bob Schaffer - Yes


    3. School District Seeking Exclusive Chartering Authority: Durango School District 9-R

      Karen Middleton moved to approve the Durango 9-R School District exclusive chartering authority according to 22-30.5-504(4)(a), C.R.S. Motion fails. Exclusive chartering authority denied.

      Motion made by: Karen Middleton
      Motion seconded by: Evie Hudak

      Voting
      Randy DeHoff - Recused
      Karen Middleton - Yes
      Peggy Littleton - No
      Pamela Jo Suckla - No
      Elaine Gantz Berman - No
      Evie Hudak - Yes
      Bob Schaffer - Yes


    4. School Districts Seeking Exclusive Chartering Authority: Lewis Palmer School District 38 & Weld County School District 6

      Approved Lewis Palmer School District 38 and Weld County School District 6 for exclusive chartering authority according to 22-30.5-504(9)(a), C.R.S.

      Motion made by: Evie Hudak
      Motion seconded by: Karen Middleton

      Voting
      Randy DeHoff - Recused
      Karen Middleton - Yes
      Peggy Littleton - Yes
      Pamela Jo Suckla - Yes
      Elaine Gantz Berman - Yes
      Evie Hudak - Yes
      Bob Schaffer - Yes


    5. School Districts Seeking Exclusive Chartering Authority: Colorado Springs School District 11 & the Montezuma-Cortez School District RE-1

      Approved Colorado Springs School District 11 and the Montezuma-Cortez School District RE-1 for exclusive chartering authority according to 22-30.5-504(5)(b)(II), C.R.S.

      Motion made by: Peggy Littleton
      Motion seconded by: Evie Hudak

      Voting
      Randy DeHoff - Recused
      Karen Middleton - Yes
      Peggy Littleton - Yes
      Pamela Jo Suckla - Yes
      Elaine Gantz Berman - Yes
      Evie Hudak - Yes
      Bob Schaffer - Yes


    6. School Districts Seeking Exclusive Chartering Authority: Delta County 50J, Mapleton Public Schools 1, Englewood Schools 1

      Approved Delta County School District 50J, Mapleton Public Schools 1, Englewood Schools 1 for exclusive chartering authority according to 22-30.5-504(6), C.R.S.

      Motion made by: Evie Hudak
      Motion seconded by: Karen Middleton

      Voting
      Randy DeHoff - Recused
      Karen Middleton - Yes
      Peggy Littleton - Yes
      Pamela Jo Suckla - Yes
      Elaine Gantz Berman - Yes
      Evie Hudak - Yes
      Bob Schaffer - Yes


    7. School Districts Seeking Exclusive Chartering Authority: Primero Reorganized RE-2 & Karval RE-23

      Approved the Primero Reorganized School District RE-2 and Karval RE-23 for exclusive chartering authority according to 22-30.5-504(5)(b)(I), C.R.S.

      Motion made by: Evie Hudak
      Motion seconded by: Karen Middleton

      Voting
      Randy DeHoff - Recused
      Karen Middleton - Yes
      Peggy Littleton - Yes
      Pamela Jo Suckla - Yes
      Elaine Gantz Berman - Yes
      Evie Hudak - Yes
      Bob Schaffer - Yes


  16. ACTION ITEMS - EXCEPTIONAL STUDENTS/PREVENTION /AT-RISK

    1. Contract: College Board Advanced Placement Exam Fee Program

      Approved Advanced Placement Fee Program contract agreement between CDE and College Board.

      On consent

      Voting
      Unanimously Approved

    2. Appointments to the Colorado Special Education Advisory Committee

      Approved appointments to fill the vacancies on the Colorado Special Education Advisory Committee (CSEAC), effective July 1, 2007.

      On consent

      Voting
      Unanimously Approved

    3. Summer School Funds for Eligible Facilities 2007

      Approved grants to Facility Schools in the amounts specified on the attachment.

      On consent

      Motion made by: Karen Middleton
      Motion seconded by: Evie Hudak

      Voting
      Randy DeHoff - Recused
      Karen Middleton - Yes
      Peggy Littleton - Yes
      Pamela Jo Suckla - Yes
      Elaine Gantz Berman - Yes
      Evie Hudak - Yes
      Bob Schaffer - Yes


    4. Contract: Peak Parent Center

      Approved the contract for the use and benefit of CDE, Exceptional Student Leadership Unit, and the Parent Education and Assistance for Kids dba Peak Parent Center, Inc. in an amount (still under negotiation) not to exceed approximately $244,874.00 from 7/1/07 through 6/30/08 with an option for 1 last renewal under the current RFP.

      On consent

      Voting
      Unanimously Approved

  17. MANAGEMENT, BUDGET & PLANNING

    1. Rules Hearing: Minimum Standards for School Transportation Vehicles, 301-25

      Closed oral portion of the hearing and directed staff to make revisions to the amendements to the Minimum Standards for School Transportation Vehicles Rules, 301-25.

      Motion made by: Karen Middleton
      Seconded by: Evie Hudak

      Unanimously Approved

  18. ACTION ITEMS - LEGAL SERVICES

    1. Charter School Institute Administrative Procedures

      Motion made by: Karen Middleton
      Motion seconded by: Evie Hudak

      Voting
      Randy DeHoff - Recused
      Karen Middleton - Yes
      Peggy Littleton - Yes
      Pamela Jo Suckla - Yes
      Elaine Gantz Berman - Yes
      Evie Hudak - Yes
      Bob Schaffer - Yes


    2. Revision to 2005 Administrative Procedures for Review of a State Board Grant of Exclusive Chartering Authority

      Amended the ECA Procedures by deleting the last sentence of Section E., paragraph 5.

      Motion made by: Elaine Gantz Berman
      Motion seconded by: Karen Middleton

      Voting
      Randy DeHoff - Recused
      Karen Middleton - Yes
      Peggy Littleton - No
      Pamela Jo Suckla - Yes
      Elaine Gantz Berman - Yes
      Evie Hudak - Yes
      Bob Schaffer - No


  19. INFORMATION ONLY

  20. INFORMATION FOR FUTURE ACTION

    1. Linguistically Diverse Education Teacher Preparation Program: Metropolitan State College

    2. Interagency Agreement between the State of Colorado, Department of Education, Exceptional Student Leadership Unit (ESLU) and the University of Colorado Health Sciences Center School of Medicine, Statewide Assistive, Augmentative Alternative Communication (SWAAAC)

    3. Contract: Lindamood Bell Project

    4. Proposed Code of Conduct/Ethics Procedures

  21. OPPRTUNITY FOR CITIZENS TO ADDRESS THE BOARD

  22. FUTURE BUSINESS

    1. Upcoming Meetings

  23. ADJOURNMENT







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