SBE Regular Board Meeting -
5/15/2008 9:00:00 AM 201 East Colfax Avenue Room 101 Denver,
Colorado 80203 |
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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
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I. CALL
TO ORDER |
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II. PLEDGE OF ALLEGIANCE |
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III. INSPIRATIONAL MESSAGE |
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IV. ROLL CALL |
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V. APPROVAL OF AGENDA |
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VI. OPPORTUNITY FOR CONSENT MOTION |
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VII. STATE BOARD COMMITTEE LIAISON REPORTS |
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VIII. STATE BOARD/COMMISSIONER |
1.
Report from Commissioner Dwight D. Jones |
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2.
Approval of Specific Changes to SBE
Operating Procedures and Draft Calendar |
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IX. LEARNING SERVICES & RESULTS |
1.
Approval of Certification of Online
Programs | In
March, 2008 the State Board of Education approved the
Permanent Rules For the Administration, Certification and
Oversight of Colorado Online Programs. Within those Rules,
there is a provision that Multi-District Online Programs
must be certified by the State Board. This will be the first
opportunity for the State Board to approve the Certification
of Online Programs. In subsequent yearly cycles, there will
be two opportunities for applicants to become Certified. |
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2.
Approval of the Permanent Rules for the
Administration of Accreditation of School Districts | On
April 9, 2008, the State Board of Education held a
rulemaking hearing concerning proposed revised rules for
Administration of the Accreditation of School Districts. The
Board is asked to consider adoption of the revised rules May
15, 2008.
· The rules have been revised to (1) include Colorado's Growth Model, (2)
include measures of post-secondary readiness, (3) add a new
requirement for CDE to provide pre-populated data to
districts, and (4) revise accreditation labels.
· The revised rules will allow CDE to implement a streamlined accreditation
contract and a more efficient and effective annual review
process.
CDE staff provides the proposed, revised rules and a side-by-side table
comparing current rule, proposed changes, and summarized
public comment received up to and through the rulemaking
hearing of April 9. If the State Board promulgates permanent
rules on May 15, the revised rules will take effect on June
30, 2008.
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3.
Adopt Emergency Rules for the
Administration of the School Counselor Corps Grant Program
pursuant to HB 08-1370. | Pursuant
to HB 08-1370, the School Counselor Corps Grant Program
(22-90-101 through 22-90-106, C.R.S.) requires the State
Board of Education to promulgate rules which include, but
are not limited to: the timeline for submitting applications
to the Department; the form of the grant application and any
information in addition to that specified in section
22-90-104 (2), C.R.S. to be included in the application; any
criteria for awarding grants in addition to those specified
in section 22-90-104 (3), C.R.S.; and any information to be
included in the Department's program report in addition to
that required in section 22-90-106, C.R.S.
The emergency rules, if adopted by the Board, will become effective
immediately and will expire on or about August 15, 2008.
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4.
Approval Notice of Permanent Rulemaking
for the Administration of the School Counselor Corps Grant
Program | Pursuant
to HB 08-1370, the School Counselor Corps Grant Program
(22-90-101 through 22-90-106, C.R.S.) requires the State
Board of Education to promulgate rules which include, but
are not limited to: the timeline for submitting applications
to the Department; the form of the grant application and any
information in addition to that specified in section
22-90-104 (2), C.R.S. to be included in the application; any
criteria for awarding grants in addition to those specified
in section 22-90-104 (3), C.R.S.; and any information to be
included in the Department's program report in addition to
that required in section 22-90-106, C.R.S. |
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5.
Extend the Term of Current Accreditation
Contracts | The
Board is being asked to approve a 6-month extension of
current district accreditation contracts (which expire July
1st, 2008) to permit an orderly and effective implementation
of the new accreditation process resulting from revised
accreditation rules.
The extension of the current contract will allow CDE and districts to
implement a streamlined accreditation contract and a more
efficient and effective annual review process. Fall 2008
visits will include an accreditation review and
formalization of the new contracts, which will be ready for
approval by the Board in December. This allows all parties
to build knowledge of the new accreditation process in
advance of executing new contracts. Rolling out a new
accountability system is a significant change of condition
that warrants such an action.
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X. SPECIAL SERVICES |
1.
Exclusive Chartering Authority -- Pueblo
60 | 22-30.5-504(9)(a),
C.R.S. permits a local board of education to adopt a
resolution asking the State Board for exclusive chartering
authority and therefore not be required to have Charter
School Institute schools located within the district's
geographic boundaries.
The following district submitted board resolution demonstrating charter
school student membership more than three percent above the
state average of 6.62%: Pueblo 60 (12.36%)
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2.
Exclusive Chartering Authority
Montezuma-Cortez | 22-30.5-504(5)(b)(II),
C.R.S. permits a local board of education to adopt a
resolution asking the State Board for exclusive chartering
authority and therefore not be required to have Charter
School Institute schools located within the district's
geographic boundaries.
Montezuma-Cortez RE-1 submitted a resolution on March 5th. The school
district was granted exclusive chartering authority during
the 2007-08 school year under the Free/Reduced
Lunch-qualifying criteria. This year the district fell below
3,000 students.
This matter was placed on the May agenda due to the fact that CDE received
notification on March 5, four days after the deadline for
submitting requests for exclusive chartering authority
(March 1). However, CDE received constructive notice of
Montezuma-Cortez's intent to file on February 29th. The
district board met on March 4th and a resolution was
submitted via fax on March 5th.
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3.
A Waiver Request from Certain Statutes
by the Widefield School District #3 on behalf of James Madison
Charter Academy | The
Widefield School District Board of Education and James
Madison Charter Academy have entered into a renewal contract
for a period ending June 30, 2010.
JMCA has utilized a Core Knowledge curriculum serving students in grades
K-8.
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4.
A Waiver Request from Certain Statutes
by the Boulder Valley School District on Behalf of Horizon K-8
Alternative School. | The
Boulder Valley School District Board of Education and
Horizon K-8 Alternative School have entered into a contract
for a period ending June 30, 2010. |
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XI. PROFESSIONAL SERVICES |
1.
Emergency Renewal Authorizations
(Monthly total: 2) | Colorado
law, 22-60.5-111(1)(c),C.R.S., and State Board Rule 4.03
provide that a local board of education may request an
Emergency Authorization to employ a non-licensed teacher,
principal, administrator or special services provider. The
District must agree to provide an induction program. The
State Board will exercise judgment as to whether the
District has demonstrated a shortage of nonlicensed
personnel and the employment of non-licensed personnel are
essential to preserving the instructional program and to the
well-being of the children enrolled. In addition, the
Emergency Authorizations may be renewed only upon approval
by the State Board. |
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2.
Emergency Initial Authorizations -
(Monthly total 5) | Colorado
law, 22-60.5-111(1)(c),C.R.S., and State Board Rule 4.03
provide that a local board of education may request a Type
III Emergency Authorization to employ a non-licensed
teacher, principal, administrator or special services
provider. The District must agree to provide an induction
program. The State Board will exercise judgment as to
whether the District has demonstrated a shortage of
non-licensed personnel and the employment of non-licensed
personnel are essential to preserving the instructional
program and to the well-being of the children enrolled. In
addition, Type III Emergency Authorizations may be renewed
only upon approval by the State Board.
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3.
Disciplinary Proceedings Concerning an
Application for a License Charge No. 2006EC28 and 2007EC07 | On
August 9, 2007, the Colorado State Board of Education
approved a settlement agreement that provided for the denial
of the applicant's initial principal license application,
the denial of the applicant's professional teacher license
renewal application, and the annulment of the applicant's
general teacher certificates and professional teacher
licenses. The applicant has reapplied for an initial
principal license and has submitted evidence of having met
the requirements for licensure. |
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4.
Disciplinary Proceedings Concerning
License Charge No. 2008EC07 | The
license holder has been charged with engaging in unlawful
and unethical behavior in violation of §Â§22-60.5-107(2)(d)
and (4), C.R.S., and Colorado State Board of Education Rules
1 CCR 301-37, 22-60.5-R-15.00(2)(f) and (2)(l) and
22-60.5-R-15.02(10). |
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5.
Disciplinary Proceedings Concerning a
License, Charge No. 2008EC08 | The
license holder has been charged with engaging in unethical
behavior in violation of §22-60.5-107(4), C.R.S., and
Colorado State Board of Education Rules 1 CCR 301-37,
22-60.5-R-15.00(2)(l) and 22-60.5-R-15.02(9) and (10). |
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6.
Disciplinary Proceedings Concerning a
License Charge No. 2008EC09 | The
license holder has been charged with engaging in unethical
behavior in violation of §22-60.5-107(4), C.R.S., and
Colorado State Board of Education Rules 1 CCR 301-37,
22-60.5-R-15.00(2)(l) and 22-60.5-R-15.02(1), (10) and (11). |
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7.
Disciplinary Proceedings Concerning a
License Charge No. 2008EC11 | The
license holder has been charged with engaging in unlawful
and unethical behavior in violation of
§Â§22-60.5-107(2.5)(a)(I)(C) and (4), C.R.S., and Colorado
State Board of Education Rules 1 CCR 301-37,
22-60.5-R-15.00(2)(l) and (3)(a) and 22-60.5-R-15.02(10).
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8.
Disciplinary Proceedings Concerning a
License Charge No. 2008EC10 | The
license holder has been charged with engaging in unethical
behavior in violation of §22-60.5-107(4), C.R.S., and
Colorado State Board of Education Rules 1 CCR 301-37,
22-60.5-R-15.00(2)(l) and 22-60.5-R-15.02(10). |
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9.
Disciplinary Proceedings Concerning an
Application for a License Charge No. 2008EC12 | The
applicant has been charged with engaging in unlawful and
unethical behavior in violation of
§Â§22-60.5-107(2.5)(a)(I)(C) and (4), C.R.S., and Colorado
State Board of Education Rules 1 CCR 301-37,
22-60.5-R-15.00(2)(l) and (3)(a) and 22-60.5-R-15.02(1),
(2), (10) and (11). |
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10.
Re-Approve the Teacher/Special Services
Provider Induction Programs submitted by Telluride R-1 School
District. | The
Educator Licensing Act of 1991 requires school districts who
hire new and new-to district licensed educators to provide
them with an induction program approved by the State Board
of Education. Colorado Revised Statutes [22-60.5-201 C.R.S.]
and Colorado State Board of Education (SBE) Rules
[22-60.5-R-13.00] further require a cyclical review of
School District Induction Programs. The Colorado State Board
of Education is authorized to approve induction programs
pursuant to 22-60.5-204, C.R.S.
The Telluride R-1 School District seeks re-approval of its induction
programs for Teacher/Special Services Provider new to the
district.
The proposed program has been determined to meet State Board of Education
requirements for school district induction programs. A copy
of the Telluride R-1 School District induction program is
attached. |
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11.
Approval of the Teacher/Special Services
Provider Induction Programs submitted by The Odyssey School. | The
Educator Licensing Act of 1991 requires school districts who
hire new and new-to district licensed educators to provide
them with an induction program approved by the State Board
of Education. Colorado Revised Statutes [22-60.5-201 C.R.S.]
and Colorado State Board of Education (SBE) Rules
[22-60.5-R-13.00] further require a cyclical review of
School District Induction Programs. The Colorado State Board
of Education is authorized to approve induction programs
pursuant to 22-60.5-204, C.R.S.
The Odyssey School seeks approval of its induction programs for
Teacher/Special Services Provider new to the district.
The proposed program has been determined to meet State Board of Education
requirements for school district induction programs. A copy
of The Odyssey School induction program is attached. |
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12.
Approval of the Principal/Administrator
Induction Programs submitted by Expeditionary BOCES. | The
Educator Licensing Act of 1991 requires school districts who
hire new and new-to district licensed educators to provide
them with an induction program approved by the State Board
of Education. Colorado Revised Statutes [22-60.5-201 C.R.S.]
and Colorado State Board of Education (SBE) Rules
[22-60.5-R-13.00] further require a cyclical review of
School District Induction Programs. The Colorado State Board
of Education is authorized to approve induction programs
pursuant to 22-60.5-204, C.R.S.
The Expeditionary BOCES seeks approval of its induction programs for
Principal/Administrators new to the district.
The proposed program has been determined to meet State Board of Education
requirements for school district induction programs. A copy
of the Expeditionary BOCES induction program is attached. |
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13.
Establishment of Fees for Licensing
Program | The
Educator Licensing Act of 1991 authorizes the State Board of
Education (SBE) to annually establish the evaluation fees
for licenses, authorizations, certificates and endorsements.
The proposed fee increase will enable the Office of
Professional Services to meet the expectations outlined in
HB 08-1344.
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XII. STUDENT SUPPORT SERVICES |
1.
Approval of Payments to Administrative
Units Under the Exceptional Children's Educational Act for
Evaluations of Children Ages Birth to Three, 2007-08 | $2.2
was appropriated in the Exceptional Children's Educational
Act (ECEA) to offset the costs incurred by administrative
units in conducting child find activities for children who
are less than three years of age for eligibility for Part C
services under the Individuals with Disabilities Education
Act. This birth through two child find activity is required
under Section 22-20-118 of the ECEA. The payment for 2007-08
is based on evaluations of 5,520 children at a reimbursement
rate of $398.55 per child. |
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2.
Approval of Payments to Administrative
Units Under the Exceptional Children's Educational Act for
Reimbursement of Tuition Payments to Eligible Facilities Within
the Boundaries of the Unit for Certain Students, 2007-08 | State
Board approval is requested to reimburse administrative
units for tuition cost payments made to eligible facilities
within the boundaries of the administrative unit for
children with disabilities for whom: (a) parental rights had
been relinquished by the parents; (b) parental rights had
been terminated by the court; (c) parents were incarcerated;
(d) parents could not be located; (e) parents resided out of
the state, but the Department of Human Services placed the
child within the administrative unit; or (f) the children
were legally emancipated. The total cost of these placements
was $707,344. $.5 million was appropriated for this
reimbursement, which will cover 70.7% of the costs. No
administrative unit will be reimbursed more than they
actually paid for a child. The reimbursement process is
defined in section 22-20-114(b.8) of the Exceptional
Children's Educational Act. |
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3.
Approval of Payments to Administrative
Units Under the Exceptional Children's Educational Act for
Reimbursement of Payments for Students in High Cost
Out-of-District Placements or Programs, 2007-08 | Two
million dollars was appropriated in the Exceptional
Children's Educational Act to reimburse administrative units
for students in high cost out-of-district placements or
programs. For the 2007-08 fiscal year, this threshold was
set at $40,000 per student. The Special Education Fiscal
Advisory Committee has reviewed applications from
administrative units and has determined which grant
applications to approve, and the amounts to be awarded after
applicable revenues were deducted from the costs submitted
for reimbursement. In making these decisions, the Committee
has, as required by statute, considered each district's
annual expenditures for special education, and the
percentage those expenditures represented of the district's
total audited expenditures. The statutory citation for this
grant process is contained in section 22-20-114.5 of the
Exceptional Children's Educational Act.
· Grant applications were submitted for XX students in out-of-district
placements that cost more than $40,000.
· The $2 million appropriated funded XX of the XX students. |
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4.
Approval of Excess Cost Rates for
Eligible Facilities for Extended School Year 2008 | The
Exceptional Children's Educational Act specifies that the
excess cost rate "for educating a child with a disability in
a community centered board or a facility shall be
established by the department and approved by the state
board," and that this charge "shall be the maximum amount
the school district of residence shall be obligated to pay
for the special educational program..."
The Act also states that "The state board shall promulgate rules and
regulations to define the contract approval process, to
define the types and amounts of costs in excess of the state
average per pupil operating revenues..., and to define other
applicable revenues that a school district of residence of a
child with a disability shall pay as tuition to educate that
child elsewhere at a community centered board or a facility
approved by the state board..."
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5.
Approval of Tuition Rate for Rocky
Mountain Deaf School for the 2007-08 School Year | State
Board approval is requested to establish the following daily
tuition rates for the Rocky Mountain Deaf School for 2007-08
pursuant to Section 9.06(2) of the Rules for the
Administration of the Exceptional Children's Educational
Act:
· $88.72 K-12
· $44.36 Preschool
The number of program days for the school year is 180.
The Rocky Mountain Deaf School is a charter school located in Jefferson
County. This program meets the requirements of Section
9.03(1)(b)(ii) of the Rules because it is designed primarily
to serve children with disabilities which provide an
intensity and duration of services that differ significantly
from other programs in the administrative unit of attendance
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XIII. MANAGEMENT, BUDGET & PLANNING |
1.
Certify Amounts Payable to Eligible
School Districts for Military Dependent Supplemental Funding | During
the 2007 Legislative session a voluntary February 1 pupil
count was added to provide military dependent supplemental
funding to eligible school districts. The supplemental count
allows school districts who want to participate to submit a
second pupil count to the Colorado Department of Education
(CDE). This second pupil count included only new students
who are dependents of full-time active military personnel;
and had moved to the district after the October 1 pupil
count; and were not counted on October 1 by any other
district within Colorado.
The attachment provided shows the districts that are eligible for this
funding and the amounts to be paid to each district. The
Board is requested to certify the Military Dependent
Supplemental funding for these school districts.
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2.
Certification of Amounts Payable to
School Districts for the Public School Finance Act of 1994 (as
amended) | The
State Board of Education is responsible for determining the
amount of funding which local school districts receive
monthly from the state under the provisions of the Public
School Finance Act of 1994 (Section 22-54-115, Colorado
Revised Statutes). Districts are entitled to receive these
funds by the 25th of each month.
Given that the Board will not be holding meetings in June or July, the Board
is requested to allow the disbursement of the June 2008
state share payment and the July 2008 state share payment in
the amounts determined by the Department. The actual amounts
will be certified by the Board at the August 2008 board
meeting.
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3.
Certification of Amounts Payable to
School Districts from the Public School Transportation Fund | Pursuant
to CRS 22-54-107 Buy-Out of Categorical Programs, Gunnison
and Steamboat Springs School Districts certified categorical
buy-out mill levies in FY 07-08. The districts are required
to use the revenues generated by these mill levies to
reimburse the state for categorical funds received. The
Department anticipates receiving this money sometime in May
which then will be available to provide a second
transportation reimbursement payment.
Given that the Board will not be holding a meeting in June, the Board is
requested to allow the disbursement of the second
reimbursement transportation payment in the amounts
determined by the Department. The actual amounts will be
certified by the Board at the August 2008 board meeting.
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4.
Appointment of (3) Members to the
"Public School Capital Construction Assistance Board"
Established in HB08-1335 (Building Excellent Schools Today-BEST) | HB08-1338
creates a (9) member Public School Capital Construction
Assistance Board at CDE. (3) members are to be appointed by
the Governor and (3) members are to be appointed by the
General (3) members are to be appointed by the General
Assembly. The State board appoints (3) members from
different areas of the state and from urban, suburban, and
rural school districts with demonstrated experience
regarding school facility issues and shall include:
A (1) member who is a school district board member at the time of
appointment;
B (1) member who is a public school superintendent or administrator at the
time of appointment or has recent experience;
C (1) member who is a school facilities planner or manager at the time of
appointment or has recent experience.
The function of the Public School Capital Construction Assistance Board is
to protect the health and safety of students, teachers, and
other persons using public school facilities and maximize
student achievement by ensuring that the condition and
capacity of public school facilities are sufficient to
provide a safe and uncrowded environment that is conducive
to students' learning. The Public School Capital
Construction Assistance Board is required to:
· Establish public school facility construction guidelines for use by the
board in assessing and prioritizing public school capital
construction needs, reviewing applications for financial
assistance, and making recommendations to the state board
regarding appropriate allocation of financial assistance;
· Conduct or contract for a financial assistance priority assessment of
public school facilities throughout the state;
· Annually submit a prioritized list of public school facility capital
construction projects recommended for financial assistance
to the State Board.
The General Assembly has sent HB08-1335 to the Governor for signature and
the following appointments are recommended contingent upon
the Governor signing the bill into law.
School board member: Timothy White, Douglas County Re-1;
Superintendent: Gregory Randall, Plateau Valley 50;
Facility Manager: Michael Maloney, Colorado Springs 11.
A bio for each appointee and a brief explanation for each appointment are
attached. |
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XIV. FUTURE ACTION |
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XV. INFORMATION ONLY |
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XVI. LEGISLATION |
Anne Barkis will provide the board with an overview of the State
Board's obligations under this year's legislation. |
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XVII. PUBLIC COMMENT |
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XVIII. FUTURE BUSINESS |
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XIX. ADJOURNMENT OF REGULAR BOARD MEETING AND COMMENCEMENT OF SBE
RETREAT |
More : | Please
contact the State Board Office at (303) 866-6817 or (303)
866-6809 if you need special accommodations. The State Board
Room is accessible. Every effort will be made to accommodate
persons with disabilities. |
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