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SBE Regular Meeting 3-9-06

CHARTER SCHOOL APPEAL HEARINGS back to top

A. CHARTER SCHOOL APPEAL HEARING ON MARCH 8, 2006

 Found that the decision of the Hanover School District in denying the application of Rolling Hills Charter School was contrary to the best interests of the pupils, district, or community. (Vote was 6 to 2; Munn and I dissented.)

B. CHARTER SCHOOL APPEAL HEARING ON MARCH 8, 2006

Found that the decision of the Valley School District in denying the application of Sterling Charter Academy was not contrary to the best interests of the pupils, district, or community. (Vote was 3 to 4 initially that it was contrary, with the motion thus losing; DeHoff, Middleton, Munn, and Suckla opposed that motion. The second vote, that it was not contrary, was 4 to 3; DeHoff, Littleton, and Polis dissented.)

C. CHARTER SCHOOL APPEAL HEARING ON MARCH 9, 2006

Found that the decision of Aurora Public Schools District in denying the application of CP Charter School was contrary to the best interests of the pupils, district, or community. (Vote was 7 to 1; Munn dissented.)

APPROVAL OF THE AGENDA back to top

A. RESOLUTION ON BENNISH’S DIATRIBE

DeHoff moved to suspend the rules to allow a resolution to be put on the agenda “Calling for Relief for Students and Parents Subjected to the Diatribes of Colorado Licensed Teacher Jay Bennish.” The motion died because a unanimous vote was required (Hudak, Middleton, Munn, Polis dissented). Schaffer wrote the resolution. DeHoff and Schaffer said that given current events, it seems urgent. DeHoff said that he would not vote to approve the entire agenda if this item is not on it. Schaffer said that he intends to take some action on the topic. Middleton said that she doesn’t think it is appropriate for us to comment because we should let the Superintendent and the local school district take care of it. Suckla asked staff if she has the right to add an item to the agenda and found out that she can. (See next item.)

B. DISCUSSION OF LICENSURE PROCESS

Suckla moved to add to the agenda a discussion of the teacher licensure process. There was no second of the motion to add this item to the agenda. A substitute motion was made to approve the agenda as posted. It failed on a tie vote (DeHoff, Littleton, Schaffer, Suckla dissented).

C. MOTION TO ADJOURN

Schaffer moved to adjourn the meeting, and Littleton seconded the motion. The discussion about the motion included Schaffer’s remarks that with an issue that is being discussed coast to coast, if the SBE cannot even discuss such a matter of urgency, he can’t imagine that anything else we do is worthwhile or indicates any seriousness about education. Munn said that often we SBE members receive calls about actions of individual teachers and the appropriateness of their actions, but we have always allowed local districts to deal with them. He said that he believes the items on the published agenda are important. DeHoff said that if we listen to the tape, we would realize that Bennish had “terrible teaching,” and what we are here for is to determine what kind of teaching we license. Middleton said that as the second newest member on this Board, she has found that we have always discussed things in advance of meetings so that we would not reach a stalemate. For the sake of the whole, it has been our practice to try to work together. For example, after yesterday’s discussion about 5th year programs, she and DeHoff met to try to come to some consensus. She doesn’t think it is reasonable to disrupt the entire business of the day for this purpose. She proposed that we take a few days to consider it and convene a special meeting in a few days. Suckla said that it was not all true what Middleton said; she reminded us that Middleton had brought a revised version of the rules on graduation and dropout rates at the last minute, and she said that Polis has brought resolutions at the last minute in the past. Middleton said that she had sent her proposed revisions on the graduation rules out to the Board the night before, so that people had time to consider it. Munn reiterated that it does not seem appropriate to discuss individual teachers. The Board took a 15-minute recess.

When we came back, Schaffer reiterated his motion to adjourn, saying that he feels there should be a statement of the Board or some action of the Board. If the decision is to not allow it on the agenda, he believes that is a “tragic outcome.” He said that he does not want to diminish the other items on the agenda, but he thinks the Bennish issue distracts from the importance of all the other items. Munn said that he is thankful for Schaffer’s willingness to follow the procedure. He said that his usual inclination is to defer to concerns of fellow Board members, but he thinks this is a “sensational” issue that isn’t appropriate for consideration. Polis said that we haven’t had time to tackle something of this gravity. He has not listened to the tape. He said that staff hasn’t been briefed to deal with this. DeHoff said that it is the biggest topic in education going on now. He said that the discussion Suckla proposed would be appropriate. The vote on the motion to adjourn was 4 to 4 (Hudak, Middleton, Munn, and Polis dissented).

Therefore, Suckla called for the revised agenda to be as follows:

The vote to approve the revised agenda was defeated on a tie vote again (Hudak, Middleton, Munn, and Polis dissented).

Suckla said that she believes the Board needs some time to reflect, and she is not hearing that anyone is willing to change their position, so she is proposing that we pass a motion fixing the time for the adjournment of this meeting as of noon on April 6, which is the next regularly scheduled meeting.

Polis asked if there is a problem delaying approval of the CELA contract to April 6. Karen Stroup, Chief of Staff, said that we have a temporary agreement with the contractor for some work to be ongoing through that time.

Polis asked if there is a problem delaying approval of the NCLB plan. Bill Windler, Assistant Commissioner said that the SEA has the authority to submit the plan, so technically it does not need SBE approval. Moloney said that there is already “tacit approval” of the Board.

Suckla moved and Schaffer seconded the motion to fix the time of adjournment to noon on April 6. Schaffer explained that he is supporting the motion because he thinks that the Bennish issue is vital, and if we don’t deal with it, we shouldn’t do anything else. He said that even though the issue is sensational, it is still important. He said that the teacher “got caught red-handed.” It has captured the attention of people around the country. “Tyrants thrive when there is an absence of thoughtful leadership,” he said. If there is anyone that should comment on that, he believes it should be this Board. He asserted that the curriculum in the Cherry Creek School District is harmful. He said that no statement of this Board is a statement. He is not proposing action. He is proposing a statement that this Board states its opinion. He believes that we would be “derelict in our duty if we allow Bennish to define the standards of Colorado teachers, rather than let Bennish and Overland High School define it, if we fail to reinforce the common notions of decency.” He said that we have allowed an uncontrolled situation to occur that harms students in Colorado. He thinks that “we should stand up and match” Bennish or allow him to define education in our state. However, since there clearly are not the votes to do something, he has transformed the resolution to a letter that he will sign and offers to all SBE members to sign as well.

Munn said that Schaffer’s comments are well stated. He said they are commendable for their “sound-bite quality.” He said that we have items on our agenda for the discipline of teachers who are alleged to have committed unethical acts. We have on our agenda rules to deal with students who have serious health issues of asthma and anaphylaxis. He said that the issue of Bennish is in the purview of the Cherry Creek School District. He said, “We have seen a teacher who taped a student to a bench. We have seen a teacher who racially discriminated against a student. We aren’t being asked to deal with those issues.” He doesn’t think Bennish is important enough to derail the issues on the agenda.

DeHoff said we are here for the kids, and this issue is not about politics. He said that our agenda also had approval of teacher licensure standards and we should look at that. He questioned why we’re here at all.

Suckla said that this has become an emotional issue, and it is best for us to adjourn. Polis said that he takes issue with many of the comments that Schaffer made. He believes it would be a dereliction of duty to not consider payment of CELA, our plan for NCLB, and disciplinary proceedings for teachers that may have committed crimes like sexual abuse. Polis said that the people following the Bennish issue are not necessarily those who are interested in education but in “tabloid sensational journalism.” He doesn’t think we need to feed that sensationalism. He thinks that sensationalism if a force against education. Littleton agreed with Munn that we shouldn’t be sensationalistic, but teachers are significant. Middleton questioned how we can more forward from today if we cut the conversation off today. Suckla said that obviously we have turned this into a debate, and she could disagree with what people from both parties have said. She thinks the best way to more forward is to regroup. She doesn’t want to make harsh statements. She sees a lose-lose situation if people carry through with their threats to tie up every vote. She took her privilege as chair and adjourned the meeting.

ITEMS ON THE POSTED AGENDA THAT WERE NOT CONSIDERED BECAUSE THE AGENDA WAS NOT APPROVED back to top

A. EDUCATIONAL SERVICES CONTRACT

Approval of the interagency agreement between the State of Colorado – for the use and benefit of the Colorado Department of Education, Exceptional Student Services Unit – and Colorado State University for the period of December 20, 2005, through July 15, 2006, to evaluation the Quality Indicator Evaluation for Statewide Services for Children with Hearing Loss, in the amount not to exceed $48,773.20, utilizing federal grant funds.

B. PROFESSIONAL SERVICES

(1) ALTERNATIVE PRINCIPAL PREPARATION PROGRAM

Approval of Western State College’s proposal to offer the Alternative Principal Preparation Program through their approved Alternative Licensing Program. [Newly adopted SBE rules provide that Colorado school districts, boards of cooperative services (BOCES), accredited independent for approval of an alternative principal preparation program. The proposal was reviewed by a committee that included representatives of higher education and educators who are experts in the field of alternative licensure and principal preparation programs. The designated agency of Western State received constructive comments on this proposal and has resubmitted it.]

(2) EDUCATOR PREPARATION PROGRAMS

(3) EDUCATOR INDUCTION PROGRAMS

Approval of the following induction programs:

(4) DISCIPLINARY PROCEEDINGS (These remain confidential until action is taken by the Board.)

(5) EMERGENCY EDUCATOR AUTHORIZATIONS

Approval of emergency Type III educator authorizations for 23 initially and 4 renewals. [Local districts may request Type III Emergency Authorization to employ non-licensed teachers, principals, administrators, or special services providers if they agree to provide an induction program. The SBE’s approval is based on consideration of whether the district has demonstrated a shortage of licensed personnel and the employment of non-licensed personnel is essential to preserving the instructional program and to the well-being of the children enrolled.]

C. MANAGEMENT, BUDGETING, AND PLANNING CONTRACT

Approval of 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 $1,826,838 for the period of March 1, 2006, through June 30, 2006.

D. RULES FOR ASTHMA AND ANAPHYLAXIS HEALTH MANAGEMENT ACT

A hearing on the rules for the Administration of the Colorado Schoolchildren’s Asthma and Anaphylaxis Health Management Act. [The Act requires rules for the administration of a treatment plan that will allow qualified students to administer their own medication.  In the past, some schools have restricted students from doing this.  The Colorado General Assembly has determined that it is in the best interests of student safety to create situations where it is acceptable for the student to take responsibility for the administration of their own medication.]

E. CHANGES TO COLORADO’S NCLB PLAN

Adoption of the submitted summary of the amendments to the NCLB State plan and direction to CDE staff to incorporate the proposed amendments into the NCLB Workbook to be submitted to the U.S. Department of Education prior to April 1, 2006.

F. INFORMATION FOR FUTURE ACTION

(1) ALTERNATIVE PRINCIPAL PREPARATION PROGRAM

The SBE will review the Alternative Principal Preparation Program proposed by the School Leaders for Colorado in Parker, Colorado.

(2) CONTINGENCY RESERVE REQUEST

The SBE will Review the contingency reserve request from Denver Public Schools to relieve the district of revenue losses due to Delta and Northwest Airlines bankruptcy.

(3) TEACHER INDUCTION PROGRAM

The SBE will Review the proposed Teacher Induction Program submitted by The Village at Day Care Centers of America

(4) APPOINTMENTS TO THE CSEAC

The SBE will Review appointments of new members to the Colorado Special Education Advisory Committee (CSEAC).

OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD back to top

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