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Regular Board Meeting - 4/10/2008

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SBE Regular Board Meeting - 4/10/2008 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 - voting members
Pamela Jo Suckla Chair, 3rd Congressional District
Bob Schaffer Vice-Chair, 4th Congressional District
Elaine Gantz Berman 1st Congressional District
Randy G DeHoff 6th Congressional District
Evie Hudak 2nd Congressional District
Peggy Littleton 5th Congressional District
Meeting Minutes

Ms. Jane Goff was out of the country for the April 9 and 10, 2008 Board Meetings.

  1. CALL TO ORDER

  2. PLEDGE OF ALLEGIANCE

  3. INSPIRATIONAL MESSAGE

  4. ROLL CALL

    The following board members were present for the April 10, 2008 Regular Board Meeting: Ms. Gantz Berman, Mr. DeHoff, Ms. Hudak, Ms. Littleon, Vice Chair Schaffer and Chairman Suckla. Ms. Goff was out of the country on a trip scheduled prior to her appointment to the Colorado State Board of Education.

  5. APPROVAL OF AGENDA

    Mr. Schaffer made a motion to amend the April 10, 2008 agenda for the narrow purpose of voting on the question of whether to defend the complaint filed in the Mesa County et al. vs. Department of Education lawsuit. Ms. Littleton seconded the motion. The motion failed 4-2 with Ms. Littleton and Mr. Schaffer voting for the motion. Ms. Gantz Berman's then made a motion to approve the agenda which was seconded by Ms. Hudak and carried 5-1 with Ms. Littleton opposing the motion.

  6. OPPORTUNITY FOR CONSENT MOTION

    Mr. DeHoff made the motion to approve the consent agenda for the April 10, 2008 board meeting. The motion was seconded by Ms. Hudak.

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

    Voting
    Unanimously Approved

    1. Waiver Request Regarding Roaring Fork School Distrct RE-1 -- Carbondale Comm. School

      Following thorough review, the State Board placed this matter on the consent agenda having garnered unanimous support in lieu of a vote.

    2. Waiver Request Re: Colo. Springs Dist. 11 and CIVA Charter School

      Following thorough review, the State Board placed this matter on the consent agenda having garnered unanimous support in lieu of a vote.

    3. Disciplinary Proceedings: Charge No. 2008EC02

      Following thorough review, the State Board placed this matter on the consent agenda having garnered unanimous support in lieu of a vote. Final Disposition of State Board Disciplinary Action, Charge No. 2008EC02, Applicant: Virginia D. Wolfe Last Known Community of Residence: Cortez, Colorado.
      Reason for Disciplinary Action: Virginia D. Wolfe physically assaulted her 16-year-old son. Final Action of the State Board: Denial of the application.
      Date of State Board Action: April 10, 2008.

    4. Disciplinary Proceedings: Charge No. 2008EC03

      Following thorough review, the State Board placed this matter on the consent agenda having garnered unanimous support in lieu of a vote.

    5. Disciplinary Proceedings: Charge No. 2008EC04

      Following thorough review, the State Board placed this matter on the consent agenda having garnered unanimous support in lieu of a vote.

    6. Disciplinary Proceedings: Charge No. 2008EC05

      Following thorough review, the State Board placed this matter on the consent agenda having garnered unanimous support in lieu of a vote.

    7. Disciplinary Proceedings: Charge No. 2008EC06

      Following thorough review, the State Board placed this matter on the consent agenda having garnered unanimous support in lieu of a vote.

    8. Diocese of Pueblo Principal Induction Program

      Following thorough review, the State Board placed this matter on the consent agenda having garnered unanimous support in lieu of a vote.

    9. Miami-Yoder Teacher Induction Program

      Following thorough review, the State Board placed this matter on the consent agenda having garnered unanimous support in lieu of a vote.

    10. Telluride R-1 S.D.Teacher/Special Services Prov. Induct. Prog.

      Following thorough review, the State Board placed this matter on the consent agenda having garnered unanimous support in lieu of a vote.

    11. Appointments to CSEAC

      Under the consent agenda, the Board approved the recommended appointments to fill the vacancies on the Colorado Special Education Advisory Committee effective July 1, 2008.

    12. Contingency Reserve Payment for Ouray County School Districts

      Following thorough review, the State Board placed this matter on the consent agenda having garnered unanimous support in lieu of a vote. The Board approved providing payments included in Ouray County to Montrose School District in the amount of $1,649.81; Ouray School District in the amount of $38,505.81; and Ridgway School District in the amount of $15,159.03, for a total amount provided to the three school districts of $55,314.64.

    13. EDAC Replacement for Unexpected Resignation

      Following thorough review, the State Board placed this matter on the consent agenda having garnered unanimous support in lieu of a vote. The Board approved Lena Fraley as the replacement with frontline data expertise for the vacancy left by an unexpected resignation from the Educational Data Advisory Committee (EDAC).

  7. STATE BOARD COMMITTEE LIAISON REPORTS

  8. STATE BOARD/COMMISSIONER

    1. Report from Commissioner Dwight D. Jones

  9. TIMED ITEMS

    1. 10:30 Rulemaking Hearing Permanent Rules for the Supplemental Online Grant Program

      After obtaining unanimous support, there being no public testimony in opposition to the rules, Ms. Gantz Berman made the motion to close oral testimony and vote to approve the Permanent Rules for the Supplemental Online Grant Program.

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

      Voting
      Unanimously Approved

    2. 11:00 Recognition of Dr. Larry Vibber for 46 Years of Service

  10. LEARNING & RESULTS

    1. Hope On-Line Learning Academy MOU Appeal - Co. Spgs. Dist. 11

      The State Board found that the decision of Colorado Springs School Dist. 11 was contrary to the best interests of the pupils, parents, community, or school district, and that the State Board issue an order directing Colorado Springs School District 11 to enter into a memorandum of understanding with Hope Online regarding the placement of one or more learning centers within the District and to use the standard MOU form provided pursuant to section 22-30.7-111, C.R.S. This memorandum of understanding must be entered into by Colorado Springs School District 11 within thirty days after receipt of the State Board's Order.

      Motion made by: Randy G DeHoff
      Motion seconded by: Bob Schaffer

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


    2. Hope On-Line Learning Academy MOU Appeal -- Harrison RE2

      The State Board foung that Harrison School District No. 2 is in violation of section 22-30.7-111(1)(e) C.R.S. for failure of its board of education to formally vote on whether to enter into a memorandum of understanding with Hope Online, and therefore that the standard MOU form provided by Hope Online shall be deemed to be in effect.

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

      Voting
      Unanimously Approved

  11. SPECIAL SERVICES

    1. Waiver Request Regarding Roaring Fork School Distrct RE-1 -- Carbondale Comm. School

      This matter was unanimously approved under the consent agenda above.

    2. Waiver Request Re: Colo. Springs Dist. 11 and CIVA Charter School

      This matter was unanimously approved under the consent agenda above.

    3. Waiver Request: Brighton 27J S.D Re: Landmark Academy Charter School

      Mr. DeHoff made a motion and Ms. Littleton seconded the motion to approve the waiver request from the statutes listed herein for Brighton 27J School District Board of Education and Landmark Academy Charter School for a period ending June 30, 2037. Ms. Hudak then amended the motion to shorten the time period for approval to 2018. The amended motion was seconded by Ms. Gantz Berman. The amended motion failed 3-2 with Ms. Gantz Berman and Ms. Hudak in the minority. Mr. Schaffer was out of the room. Mr. DeHoff's original motion succeeded on a vote of 4-1, with Mr. Schaffer temporarily absent.

      Motion made by: Randy G DeHoff
      Motion seconded by: Peggy Littleton

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


    4. Exclusive Chartering Authority Requests: Statute Ref.: No Discernible History

      Please see consent agenda above for minutes.

    5. Exclusive Chartering Authority Requested: Statute Ref. Greater Than District Free Lunch Percentages

      Ms. Hudak made a motion and Ms. Gantz Berman seconded the motion to Grant Colorado Springs District 11 and Montrose County RE-1J exclusive chartering authority for one year pursuant to 22-30.5-504(5)(b)(II), C.R.S. Mr. Schaffer was temporarily absent.

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

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


    6. Exclusive Chartering Authority: Statute Ref.: Above State Averages of 6.62%

      Ms. Hudak made a motion and Ms. Gantz Berman seconded the motion to grant Cheyenne Mountain District 12, Weld County School District 6, Brighton 27J, Adams 12 Five Star, Lewis-Palmer 38 and Academy School District 20 exclusive chartering authority for one year pursuant to 22-30.5-504(9)(a), C.R.S. Mr. Schaffer was temporarily absent.

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

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


  12. PROFESSIONAL SERVICES

    1. Disciplinary Proceedings: Charge No. 2008EC02

      This matter was unanimously approved under the consent agenda above.

      Voting
      Unanimously Approved

    2. Disciplinary Proceedings: Charge No. 2008EC03

      This matter was unanimously approved under the consent agenda above.

      Voting
      Unanimously Approved

      Charge No. 2008EC03

      Final Disposition of State Board Disciplinary Action
      Applicant: Michael D. Gordon
      Last Known Community of Residence: Homestead, Florida
      Reason for Disciplinary Action: Michael D. Gordon sexually abused his 5-year-old daughter.
      Final Action of the State Board: Denial of the application
      Date of State Board Action: April 10, 2008

    3. Disciplinary Proceedings: Charge No. 2008EC04

      This matter was unanimously approved under the consent agenda above.

      Voting
      Unanimously Approved

    4. Disciplinary Proceedings: Charge No. 2008EC05

      This matter was unanimously approved under the consent agenda above.

      Voting
      Unanimously Approved

    5. Disciplinary Proceedings: Charge No. 2008EC06

      Please see consent agenda above for minutes.

      Voting
      Unanimously Approved

    6. Emergency Renewal Authorizations (2)

      Ms. Hudak made a motion and Mr.Schaffer seconded the motion to approve two renewal emergency authorizations as recommended by staff.

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

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


    7. Emergency Initial Authorizations - (Monthly total 18)

      Ms. Hudak made a motion and Mr.Schaffer seconded the motion to approve 18 initial emergency authorizations as recommended by staff.

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

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


    8. Diocese of Pueblo Principal Induction Program

      Following thorough review, the State Board placed this matter on the consent agenda having garnered unanimous support in lieu of a vote.

      Voting
      Unanimously Approved

    9. Miami-Yoder Teacher Induction Program

      Following thorough review, the State Board placed this matter on the consent agenda having garnered unanimous support in lieu of a vote.

    10. Telluride R-1 S.D.Teacher/Special Services Prov. Induct. Prog.

      Following thorough review, the State Board placed this matter on the consent agenda having garnered unanimous support in lieu of a vote.

      Voting
      Unanimously Approved

  13. EXCEPTIONAL STUDENT SERVICES

    1. Appointments to CSEAC

      The matter was placed on the consent agenda. The State Board unanimously approved staff recommendations to the Colorado Special Education Advisory Committee: Jami Boarman - representing a district charter school administrator (Congressional District 6) Pam Christy - representing parents of children with disabilities (Congressional District 6); Nita McAuliffe - representing special education administrators (Congressional District 3); Gloria Mounts - representing parents of children with disabilities (Congressional District 3); Duane Richert - representing the Division of Youth Corrections from the Department of Corrections (Congressional District 3); Erin Ross - representing parents of children with disabilities (Congressional District 2); Mimi Thurston - representing parents of children with disabilities (Congressional District 3); Robert Ward - representing parents of children with disabilities (Congressional District 6).

      Voting
      Unanimously Approved

    2. Approval of Summer School Funds for Eligible Facilities, Summer 2008

      Mr. Schaffer made a motion and Ms. Hudak seconded the motion to approve grants to Eligible Facility Schools in the amounts specified by staff.

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

      Voting
      Unanimously Approved

  14. Standards and Support

    1. Accept Recommendations for the Summer School Grant Program (1 CCR 301-50) 2008 Funded Sites.

      Mr. Schaffer made a motion and Ms. Littleon seconded the motion to approve the staff recommendations for school grant recipients.

      Motion made by: Bob Schaffer
      Motion seconded by: Peggy Littleton

      Voting
      Unanimously Approved

  15. MANAGEMENT, BUDGET & PLANNING

    1. Contingency Reserve Payment for Ouray County School Districts

      This matter was placed on the consent agenda with unanimous support.

      Voting
      Unanimously Approved

    2. EDAC Replacement for Unexpected Resignation

      This matter was placed on the consent agenda with unanimous support.

      Voting
      Unanimously Approved

  16. FUTURE ACTION

  17. INFORMATION ONLY

    1. Appointments to the State Advisory Committee for Gifted Student Education

      This matter was put on the board agenda for information only.

  18. LEGISLATION & BUDGET

  19. PUBLIC COMMENT

  20. FUTURE BUSINESS

  21. Executive Session

    The state board did require an executive session on April 10, 2008.

  22. ADJOURNMENT







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