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Regular Board Meeting - 3/6/2008

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SBE Regular Meeting Agenda - 3/6/2008 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

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

  2. PLEDGE OF ALLEGIANCE

  3. INSPIRATIONAL MESSAGE

  4. ROLL CALL

  5. APPROVAL OF AGENDA

    It was moved by Ms. Hudak and seconded by Mr. DeHoff to approve the agenda as posted with the addition of the agreement to:

    (1)move forward on the Mesa County Commissioners et al. vs. CDE lawsuit, and

    (2) to support (6-1) the approval of the B.E.S.T. Legislation with the approval of the agreed upon settlement in the Giardino lawsuit.

    The Consent agenda was unanimously approved. The motion was made by Ms. Hudak and seconded by Mr. DeHoff.

  6. OPPORTUNITY FOR CONSENT MOTION

  7. COMMUNICATIONS

    1. Report from Commissioner Dwight D. Jones.

  8. TIMED ITEMS

  9. ACTION ITEMS - STATE BOARD/COMMISSIONER

    1. Recognition of the 2007-2008 Title I Distinguished Teacher and Principal.

  10. ACTION ITEMS - LEARNING & RESULTS

    1. Approve Emergency Rules for the Administration of the Supplemental Online Education Grant. Approve Emergency Rules as required by SB07-1066, which will include specifying the procedures and time frames for applying for a grant, approving the form of grant application, the information the grant applicant must provide and any criteria for awarding grants in addition to those specified in 22-2-130(6)(b)C.R.S.

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

      Voting
      Unanimously Approved

    2. Notice of Rulemaking on April 10, 2008 for Permanent Rules for the Administration of the Supplemental Online Education Grant. Approve notice of rulemaking for the rules pertaining to the Administration of the Online Grant Program.

    3. Emergency and Permanent Rules for the Administration of Online Programs. Adopt the Online Program Emergency and Permanent Rules as revised based on recommendations from the Online Advisory Panel, interested persons and entities and public comment accepted at the February 14 rulemaking hearing, including those comments following the rulemaking hearing up to February 19, and publicly extended to February 21, 2008.

      Motion made by: Evie Hudak
      Motion seconded by: Jane Goff

      Voting
      Unanimously Approved

    4. Emergency and Permanent Rules on Longitudinal Growth Model. Adopt Emergency and Permanent rules pursuant to House Bill 07-1048, for the Longitudinal Analysis of Student Assessments.

      To approve emergency and permanent rules for the longitudintal analysis of student assessments.

      Motion made by: Elaine Gantz Berman
      Motion seconded by: Randy DeHoff

      Voting
      Unanimously Approved

  11. ACTION ITEMS - PROFESSIONAL SERVICES

    1. Requests for the Authorizations - Emergency-Initial (Monthly total 12). Approve the 12 Initial Emergency Authorizations requested.

      Motion made by: Elaine Gantz Berman
      Motion seconded by: Evie Hudak

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


    2. Requests for the Authorizations - Emergency--Renewal (Monthly total 3). Approve the 3 Emergency Renewal Authorizations.

      Motion made by: Elaine Gantz Berman
      Motion seconded by: Evie Hudak

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


    3. Disciplinary Proceedings Concerning License No. 359229 Charge No. 2008EC01. Instruct department staff and the state attorney general's office to prepare the documents necessary to request a formal hearing for the revocation of the holder's license pursuant to §22-60.5-108, C.R.S.

    4. Disciplinary Proceedings Concerning License No. 316973 Charge No. 2007EC52. Instruct department staff and the state attorney general's office to prepare the documents necessary to request a formal hearing for the revocation of the holder's license pursuant to §22-60.5-108, C.R.S.

    5. Disciplinary Proceedings Concerning an Application for a License Charge No. 2005EC06. Instruct department staff to issue an initial educator license to the applicant. Instruct department staff to issue an initial educator license to the applicant.

      Motion made by: Evie Hudak
      Motion seconded by: Elaine Gantz Berman

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


    6. Disciplinary Proceedings Concerning an Application for an Authorization Charge No. 2007EC51. 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
      Charge No. 2007EC51
      Applicant:Dennis M. Riley
      Last Known School District of Employment: Littleton Public Schools
      Last Known Community of Residence: Littleton, Colorado
      Reason for Disciplinary Action: Dennis M. Riley falsified an Alaska initial teacher certification application document, misrepresented his qualifications for an Alaska initial teaching certificate and failed to disclose on his Colorado substitute authorization application that his Alaska initial teacher certification application was denied in 2006.

      Final Action of the State Board: Denial of the application
      Date of State Board Action: March 6, 2008

    7. The Principal/Administrator Induction Program submitted by Brighton School District 27J. Approve the Principal/Administrator Induction Program submitted by Brighton School District 27J.

    8. The Principal Induction Program submitted by the Diocese of Pueblo. Approve the Principal Induction Program submitted by the Diocese of Pueblo.

    9. The Teacher Induction Program submitted by Miami-Yoder School District. Approve the Teacher Induction Program submitted by Miami-Yoder School District.

    10. Appeal from ALJ Initial Decision Case No. ED 2007-0008.

      The State Board approved the motion to affirm the ALJs Initial Decision dated November 8, 2007, and denied the Respondents exceptions thereto.

      Final Disposition of State Board Disciplinary Action
      Charge No. 2006EC44
      Applicant and Authorization and License Holder:Sandra L. Guilford
      Authorization Number:82041, 84628, 89070, 92608
      License Number: 237847
      Last Known School District of Employment: Denver Public Schools
      Last Known Community of Residence:Aurora, Colorado
      Reason for Disciplinary Action: Sandra L. Guilford committed theft and child abuse, pled guilty to one felony count of theft, was convicted of one misdemeanor count of child abuse and one misdemeanor count of theft, failed to disclose her misdemeanor child abuse conviction on her 1997 application for a Colorado emergency
      teacher authorization, her 1998 application
      for renewal of her Colorado emergency teacher authorization, her 2003 application for a Colorado provisional teacher license and her 2006 application for a Colorado professional teacher license, and failed to disclose her misdemeanor theft conviction on her 1998 application for renewal of her Colorado emergency teacher authorization, her 2003 application for a Colorado provisional teacher license and her 2006 application for a Colorado professional teacher license.

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

      Voting
      Unanimously Approved

    11. Appeal from ALJ Initial Decision Case No. ED 2007-0010.

      The State Board affirmed the findings of fact set forth in the ALJs Initial Decision dated November 20, 2007 found in paragraphs 1-41 and Conclusions of Law paragraphs 1-6 and 9-11; accepted the Boards Exceptions and rejected the ALJs Conclusions of Law found at paragraphs 7-8 and 12. The State Board concluded that Ms. Hoff failed to disclose all of her criminal convictions on her educator authorization application with the intent to misrepresent or mislead or to conceal the truth and as such her educator authorization application is denied under 22-60.5-107(1), C.R.S. and Board rule 15.00(2)(a); and concluded that Ms. Hoffs felony convictions renders her unfit to perform the services authorized by the educator authorization and as such her educator authorization application is denied under 22-60.5-107(2)(d), C.R.S. and Board rule 15.00(2)(f); and concluded that Ms. Hoff is guilty of unethical behavior in that she repeatedly engaged in criminal activity, was convicted of several felonies and misdemeanors and failed to disclose all of those convictions on her application for an educator authorization and as such her educator authorization application is denied under 22-60.5-107(4), C.R.S. and Board rule 15.00(2)(l).

      Final Disposition of State Board Disciplinary Action
      Charge No. 2006EC43
      Applicant: Candace A. Hoff
      Last Known School District of Employment:
      Crowley County School District No. RE-1J
      Last Known Community of Residence: Ordway, Colorado
      Reason for Disciplinary Action: Candace A. Hoff committed several felony and misdemeanor offenses,
      was convicted of two felony counts of 2nd degree forgery, one felony count of theft, one felony count of 1st degree aggravated motor vehicle theft and two misdemeanor counts of issuance of a bad check, and failed to disclose all but one of these convictions on her Colorado substitute authorization application.
      Final Action of the State Board: Denial of the application
      Date of State Board Action: March 6, 2008

      Motion made by: Evie Hudak
      Motion seconded by: Elaine Gantz Berman

      Voting
      Unanimously Approved

  12. ACTION ITEMS - MANAGEMENT, BUDGET & PLANNING

    1. Contingency Reserve Loan for Adams County School District 29J to Relieve the District of Revenue Losses Due to Property Omitted by County for 2007 Abatement. Provide an interest free loan to Adams County School District 29J in the amount of $149,480.31, to be repaid to the Department no later than June 30, 2009 from property tax collections that will be recoverable through an abatement levy.

    2. Request Approval of Amendments to Rules for Budget Law. Approve the Budget rules as amended.

      Motion made by: Evie Hudak
      Motion seconded by: Bob Schaffer

      Voting
      Unanimously Approved

    3. Request for Approval of Amendments to Rules for Accounting and Reporting. Approve the Rules for Accounting and Reporting as drafted.

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

      Voting
      Unanimously Approved

    4. Public School "Facilities and Safety Priorities" for Guidance With Capitol Construction Grants. Adopt "Facility and Safety Priorities" for public school capitol construction.

  13. ACTION ITEMS: LEGISLATION

    1. Legislative Matters and Vote on Specific Bills, Karen Mock and Anne Barkis (45 min.).

    2. The State Board agreed to move forward in the Mesa County Commissioners et al. vs. CDE lawsuit and directed counsel to file an answer.

    3. The State Board moved to support the B.E.S.T. Legislation, contingent upon approval of the amendment to an agreed upon settlement in the Giardino lawsuit.

      The State Board moved to support the B.E.S.T. Legislation, contingent upon approval of the amendment to an agreed upon settlement in the Giardino lawsuit.

      Motion made by: Elaine Gantz Berman
      Motion seconded by: Evie Hudak

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


  14. INFORMATION ONLY

  15. OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD

  16. FUTURE BUSINESS

  17. ADJOURNMENT







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