MINUTES

June 1, 2004

                  Minutes of the meeting of the State Board of Education held June 1, 2004, at the Utah State Office of Education, Salt Lake City, Utah. Meeting commenced at 8:45 a.m. At the request of Chairman Kim R. Burningham, Vice Chairman Janet A. Cannon presided.

                  Members present were:

                        Chairman Kim R. Burningham

                        Vice Chairman, Janet A. Cannon

                        Member Dixie L. Allen

                        Member R. Michael Anderson

                        Member Linnea S. Barney

                        Member Tim Beagley

                        Member Laurel Brown

                        Member Edward A. Dalton

                        Member Greg W. Haws

                        Member David L. Moss 

                        Member John C. Pingree

                        Member Jed H. Pitcher

                        Member Joyce W. Richards

                        Member Debra G. Roberts

                        Member Sara V. Sinclair

                        Member Gary C. Swensen

                        Member Teresa L. Theurer


                        Also present were:


                         Executive Officer Patrick Ogden

                        Associate Superintendent Patti Harrington

                        Associate Superintendent Raymond Timothy

                        Executive Director, USOR, Blaine Petersen

                        Public Affairs Director Mark Peterson

                        Board Secretary Twila B. Affleck


                        Members of the Press:

                              Jennifer Toomer-Cook, Deseret Morning News

                              Ronnie Lynn, Salt Lake Tribune

                              Amy Stewart, Standard Examiner

 

                        JoAnn Neilsen, Utah PTA


                  Vice Chairman Janet A. Cannon shared the Board’s Mission Statement and Slogan. 

                  Board Member Edward A. Dalton lead the Board in the Pledge of Allegiance.

                  Board Member Debra G. Roberts offered the Reverence.

                  Board Secretary Twila B. Affleck recorded the minutes.

                  Chairman Burningham shared the following statement:

In recent interim meetings, some members of the Utah Legislature have made strong and unusual comments. In specific cases, they have seemingly attacked, even, I believe, abused members of the Utah State Office of Education and the Utah State Board of Education. I realize that some of those comments were likely rebuttals to gubernatorial vetoes, but I have been, nevertheless troubled. I have given considerable thought to those accusations, and felt that I could not let this meeting pass without some comment.

 

The attacks at one point insinuated that this Board and the Office are not leading public education; not properly “captaining the ship” was the gist of one comment.

 

I wish to say, very publicly, that is not true.

 

Recently the journey has been over some very rough economic seas. Recently, too, there have been others who are neither captain nor crew banging on the wheelhouse door or attempting through other means to push the ship’s rudder – some to one side, some to the other.

 

Despite these distractions, the ship continues to sail steadily on with its clear destination in mind: the effective education of all Utah students.

 

We are not sailing this ship blindly. We are charting a clear course: one that utilizes competency measures. We believe in, and are advocates of, student competency. That is a destination charted by the Board of Education even prior to the legislation mandated by Senate Bill 154. But in charting this course, we must avoid quick turns that will put us in the path of reefs and shoals. Our cargo is too precious to lose. We must make sure everyone on board knows the course and what he or she must do to get there.

 

Staff member Mark Peterson recently reminded me of another sea-going analogy, and as a former high school drama teacher, I thought it apt. It’s from Gilbert and Sullivan’s H.M.S. Pinafore. One of the operetta’s characters is Sir Joseph landsman and a lawyer who heads the British Navy. He managed to reach this position without ever setting foot on a ship. His advice to those who wanted to emulate him:


                                                            “Now landsmen all, whoever you may be

                                                            If you want to rise to the top of the tree

                                                            If your soul isn’t fettered to an office stool,

                                                            Be careful to be guided by this golden rule.


                                                            “Stick close to your desk and never go to see

                                                            And you all may be rulers of the Queen’s Navee!”

 

The Utah State Board of Education’s Performance Plus program for competency-measured education is now in its final stages of discussion. Those who will have to live by it are getting the chance to examine it carefully before implementation. We have taken the concept to the public for comment. We have listened to that comment. And we are now proceeding through a thoughtful phase of refinement. We believe this is a better process than to impose a rule and then go back and fix the problems later.

 

Utah’s public education ship is a vessel as hale and hearty as our students’ test scores indicate. I believe if we can clear the decks of all the Sir Joseph’s and find a calm economic sea to sail in, this ship will be the strong engine for Utah’s future.


Superintendent Search Committee Report

                  Member John C. Pingree Chairman of the Superintendent Search Committee expressed appreciation to the Board Members who served on the committee. Linnea Barney, Tim Beagley, Laurel Brown, and Janet Cannon. He further expressed appreciation to staff members Twila Affleck, Marlo Wilcox, and Mark Peterson and to Gary Carlston, consultant. Member Pingree reported on the process of the Superintendent Search Committee. He reported that we had a very good candidate pool which included applications from out-of-state as well as in-state. The Search Committee along with other stakeholders interviewed the top eight candidates and narrowed it down to the four. The Committee also completed site visits on the four finalists. He indicated that all four of the finalists are excellent candidates.

                  Gary L. Carlston, Consultant for the Search Committee presented an Executive Summary of his findings from interviews of various stakeholders relative to their perceptions about the selection, role, and responsibilities of the next state superintendent. (For complete details, see General Exhibit No. 9334.)

Executive Session

                  Motion was made by Member John C. Pingree and seconded by Member Dixie Allen to move into an executive session for the purpose of interviewing candidates for the position of State Superintendent of Public Instruction. The Board was polled and by unanimous consent of those present [Mike Anderson absent] the Board moved into an executive session at 9:20 a.m.

                  Motion was made by Member Tim Beagley and seconded by Member Laurel Brown to reconvene into open meeting. Motion carried unanimously. The Board reconvened at 2:35 p.m.

State Superintendent of Public Instruction Announcement

                  Chairman Kim Burningham expressed appreciation to Board Members John Pingree, Linnea Barney, Tim Beagley, Laurel Brown, and Janet Cannon for their work on the Superintendent Selection Search Committee.

                  Chairman Burningham further expressed appreciation to Dr. Gary L. Carlston for his services as consultant to the Superintendent search. Also, to the staff who assisted the search committee, Twila Affleck, Marlo Wilcox, Mark Peterson and Carol Lear.

                  Chairman Burningham expressed appreciation to Patrick Ogden for his service as Interim Superintendent during the past few months.

                  Motion was made by Chairman Kim R. Burningham and seconded by Member Tim Beagley that the Board appoint Dr. Patti Harrington to serve as the Utah State Superintendent of Public Instruction effective June 1, 2004. Motion carried unanimously.

                  Dr. Harrington stated that she is very excited about this and comes about it with some degree of trepidation in her heart from the standpoint that it is a weighty job. The children are counting on us and she wants to make sure they are not let down. Some have called this perhaps a “top job,” but a top job in her mind is caring for the children and what teachers and administrators are doing to make a great climate in their schools. She is happy to serve those people. Utah is a wonderful place, it is her birthplace. Her mother was a fourth grade teacher and she and her father are both University of Utah graduates. She is delighted to serve the children of the state and will do all she can to deliver what is needed in the best possible way.

                  Members Greg Haws and Jed Pitcher were excused from the remainder of the meeting.

Board Standing Committee Reports

                        Curriculum and Instruction Committee

                  Member Teresa L. Theurer, Chairman of the Curriculum and Instruction Committee presented the following recommendations from the Committee:

General Financial Literacy Core Curriculum

                  In the February Board meeting, the Board received the General Financial Literacy Core Curriculum. The curriculum has been out for review at public hearings since that time. Revisions or modifications from the public hearings were reviewed by the Committee.

                  Public hearings and focus groups were held at six locations (Ogden, Provo, Richfield, Cedar City, Vernal, and Salt Lake City) during March and April 2004. The comments received from these meetings fall into categories of: Funding, Professional Development, Testing, and Licensing.

                  A course introduction and description along with intended learning outcomes have been added to the core curriculum document. As requested by the Board, Standard 4 (Students will use a rational decision-making process to set and implement financial goals.) Has been changed to the Standard 1 position, moving all standards sequentially. Additionally, the newly position Standard 4 (Students will understand saving, investing, and retirement planning.) Has non-substantive, clarifying changes. (For complete details of the General Financial Literacy Core Curriculum, see General Exhibit No. 9335.) The Committee modified the curriculum on the first page very bottom under By the end of the GFL course students will: 1. Be informed and prepared to be prudent managers of financial resources, enabling them to achieve long- and short-term financial goals and security..

                  The Curriculum and Instruction Committee approved the General Financial Literacy Core Curriculum and moves that the Board give approval to the Financial Literacy Core Curriculum. Motion carried.

Academic Service Learning

                  In accordance with the Board’s initiative to increase student achievement, and to give further direction, the Board’s Curriculum and Instruction Committee determined that a resolution in support of Academic Service Learning would be in order. This resolution would be distributed to further understanding for the general public and for school districts, public relations officers, USOE employees, and local boards of education. (For complete details of the Resolution, see General Exhibit No. 9336.)

                  The Curriculum and Instruction Committee approved the Resolution in support of Academic Service Learning and moves that the Board give final approval to the Resolution. Motion carried.

Distribution of Funds to Arts and

Sciences Organizations, R277-444

                  S.B. 1 passed by the 2003 Legislature, provided an appropriation to the Utah State Office of Education to distribute funds to organizations who participate in the Arts and Sciences Outreach Program and directed the Board to make rules governing the eligibility, funding distribution, and reporting requirements.

                  Based on the legislation, amendments to R277-444, Distribution of Funds to Arts and Sciences Organizations, are being recommended as follows:

                R277-444-1-J, K, and L have been added to define new subgroups formed by the legislature..

                R277-444-2-C has been added to clarify the purpose of the Arts and Science Outreach Program.

                R277-444-3 A, B, C, D, and E have been added to clarify eligibility for the subgroups created by the legislature, and A was moved to F.

                R277-444-4 C reverted to previous language. D was added to account for the new Subsidy subgroup. E and C were moved to become C and E. F and G were added to respond to the change of having the Board determine funding allocations instead of the Legislature.

                R277-5 -C was clarified and an evaluation component added to assist in making funding allocation decisions and support organizations evaluation rigor.


                  (For complete details of the rule, see General Exhibit No. 9337.)


                  The Committee made minor changes on page 3, line 91, should be H and line 94 should be I.

                  The Curriculum and Instruction Committee approved the amendments to R277-444, Distribution of Funds to Arts and Sciences Organizations on first reading and moves that the Board approve the amendments to the rule on second reading. Motion carried.

                  Member Theurer noted that the Elementary Core Academies were mailed to the Board as information. She encouraged Board Members to attend.

                  Member Theurer further noted that Board Members had also received information relative to how districts will be implementing the Performance Plus K-3 reading with the $30 million from this last legislative session. She encouraged them to read the information.

                        Law and Policy Committee

                  Member David L. Moss, Chairman of the Law and Policy Committee presented the following recommendations from the Committee:

Utah State Office of Rehabilitation

Independent Living Rehabilitation Program

State Plan

                  The Utah State Office of Rehabilitation is required by federal law to submit a State Plan for the Independent Living Program. In this plan, the State Board of Education assures that the provisions of the 1998 Amendments to the Rehabilitation Act and the rules and regulations promulgated by the Rehabilitation Services Administration will be followed in implementing the Independent Living program. Attachments to the plan describe how certain parts of the program will be developed and operating in Utah. This is a three year plan scheduled to begin October 1, 2004. (For complete details, see General Exhibit No. 9338.)

                  Motion from the Committee that the Board approve the Utah State Office of Rehabilitation Independent Living Rehabilitation Program State Plan. Motion carried.

                  Member Linnea Barney commented that she had just attended the Golden Key Awards luncheon and heard from some of the people who have participated in the Independent Living Program and their successes and praise for the program. She indicated it is a very well run and helpful program to those individuals.

Licensing Routes, R277-503

                  Educator licensing rule R277-503 needs revision to reflect changes regarding teacher preparation. The changes were discussed in the May 7, 2004 Law & Policy Committee meeting. However, the Committee felt that 503-4 needed greater clarification regarding Alternative Routes to Licensure (ARL) and requested staff to modify the rule and present it again at the June 1 meeting. (For complete details of the rule see General Exhibit No. 9339.)

                  The Committee approved the amendments to R277-503, Licensing Routes, on first reading and moves that the Board approve the rule on second reading. Motion carried.

Electronic High School, R277-725

                  The amendment to R277-725 is to provide for an Electronic High School diploma once a student has satisfied the high school graduation requirements established by the Board. The rule provides for eligibility criteria, graduation criteria, and standards for awarding of diplomas. (For complete details of the rule, see General Exhibit No. 9340.)

                  The Committee approved R277-725, Electronic High School on first reading and moves that the Board approve R277-725 on second reading. Motion carried.

                        Finance Committee

                  Member John C. Pingree, Vice Chairman of the Finance Committee presented the following recommendations from the Committee:

Repeal of Board Rule 277-408, Expenditures for

Instructional Supplies Required in Utah Public Schools

                  R277-408 was reviewed by the Finance Committee at the May 7, 2004 Board meeting. The rule was first adopted July 15, 1987 for the purpose of specifying the amount of funds to be spent by the state and school districts for instructional supplies. The rule established a minimum expenditure level of 4% of the Basic Program plus the amount received in the Textbook and Laboratory Special Purpose Optional Program. (For complete details of R277-408, see General Exhibit No. 9341.)

                  Motion from the Committee that the Board repeal R277-408, Expenditures for Instructional Supplies Required in Utah Public Schools. It was noted that the State Office will continue to monitor these expenditures.

                  Vice Chairman Janet Cannon spoke against the motion indicating that she was concerned that there still needed to be the option of this money to be taken off the table for negotiations in the school districts.

                  Motion carried with Members Allen, Anderson, Barney, beagley, Brown, Burningham, Dalton, Moss, Pingree, Richards, Roberts, Swensen and Theurer voting in favor; Member Cannon opposed.

School District Local Financing of K-3

Reading Achievement Program

                  In supporting Goal 1, Objective 1, of the State Board, an assignment was given during the May 7, 2004 Finance Committee meeting to survey school district business administrators. This survey is to determine which school districts will levy the Guarantee rate of 0.000065 and/or the Low Income rate of 0.000056 or the full 0.000121 tax rate for both programs for the K-3 Reading Achievement Program.

                  The Committee received the results of this survey taken during the month of May and the school districts’ intentions of funding the K-3 Reading Achievement Program. (For complete details of the report, see General Exhibit No. 9342.) The survey shows that all of the districts will participate in the reading program.

                  No action was required.

General Consent Calendar

                  Motion was made by Member David L. Moss and seconded by Member Teresa L. Theurer to approve the General Consent Calendar as presented:

                  1.   Minutes of Previous Meeting

 

Minutes of the Meeting of the State Board of Education held May 7, 2004.

 

                  2.   Contracts

 

The following contracts were approved:

 

                        A.  Kurt and Linda Sorensen. $51,788.80. 4/1/04-3/31/09. Amend. Fed.

 

To lease office space for the Division of Rehabilitation Services office located at 520 East Topaz Boulevard, Suite 107, Delta, Utah.

 

                        B.  Tri County Independent Living Center of Utah. $327,642. 7/1/04-6/30/05. Amend.

 

To provide Independent Living and Assistive Technology services to individuals with severe disabilities residing in Morgan, Davis and Weber counties.

 

                        C.  Utah Independent Living Center. $282,970. 7/1/04-6/30/05. Amend. Fed.

 

To provide Independent Living and Assistive Technology services to individuals with severe disabilities residing in the Wasatch Front of Utah Independent Living Rehabilitation District.

 

                        D.  OPTIONS for Independence. $336,518. 7/1/04-6/30/05. Amend. Fed.

 

To provide Independent Living and Assistive Technology services to individuals with severe disabilities residing in the Northern Utah Independent Living Rehabilitation District.

 

                        E.  Duval, Haws, Moody, & Frei, P.C. $32,000. 6/7/04-6/6/06. Amend.

 

To serve as hearing officer for the Utah Professional Practices Advisory Commission for educator licensing hearings when allegations of misconduct have been made and other hearing-related activities.

 

                        F.  Joel A. Ferre Professional Corporation. $32,000. 6/7/04-6/6/06. Amend.

 

To serve as hearing officer for the Utah Professional Practices Advisory Commission for educator licensing hearings when allegations of misconduct have been made and other hearing-related activities.

 

                        G.  Michael R. Medley. $32,000. 6/7/04-6/6/06. Amend.

 

To serve as hearing officer for the Utah Professional Practices Advisory Commission for educator licensing hearings when allegations of misconduct have been made and other hearing-related activities.

 

                        H.  John F. Bates. $32,000. 6/7/04-6/6/06. Amend.

 

To serve as hearing officer for the Utah Professional Practices Advisory Commission for educator licensing hearings when allegations of misconduct have been made and other hearing-related activities.

 

                        I.   Holme, Roberts & Owen. $32,000. 6/7/04-6/6/06. Amend.

 

To serve as hearing officer for the Utah Professional Practices Advisory Commission for educator licensing hearings when allegations of misconduct have been made and other hearing-related activities.

 

                        J.   Cannon, Cleary & Match, P.C. $32,000. 6/7/04-6/6/06. Amend.

 

To serve as hearing officer for the Utah Professional Practices Advisory Commission for educator licensing hearings when allegations of misconduct have been made and other hearing-related activities.

 

                        K.  Red Rock Center for Independence. $298,924. 7/1/04-6/30/05. Amend. Fed.

 

To provide Independent Living and Assistive Technology services to individuals with severe disabilities residing in the Southern Utah Independent Living Rehabilitation District.

 

                        L.  Central Utah Center for Independent Living. $329,446. 7/1/04-6/30/05. Amend.

 

To provide Independent Living and Assistive Technology services to individuals with severe disabilities residing in Utah, Wasatch, Juab, and Sanpete counties.

 

                        M. Measured Progress. $809,537. 6/1/04-6/30/05. Amend.

 

Amendment #1 allows for a one-year renewal to complete the development of elementary math tests. It also covers additional standard setting services, development of additional test items, pilot test form construction, additional scanning and scoring services, and the printing of test materials for the math criterion-referenced tests.

 

                        N.  Utah Commission of Criminal and Juvenile Justice. $2,500. 4/27/04-4/27/04 RECEIVABLE

 

To provide funding to assist in co-sponsoring the Prevention Dimensions Day at Stingers Baseball Game on April 27, 2004.

 

                        O.  Utah Department of Public Safety/Highway Safety. $2,500. 4/27/04-4/27/04 RECEIVABLE

 

To provide funding to assist in co-sponsoring the Prevention Dimensions Day at Stingers Baseball Game on April 27, 2004.

 

                        P.  Riverside Publishing Co. $1,587,175. 6/1/04-6/1/09

 

To provide norm-referenced tests for the Utah State Office of Education.

 

                        Q.  National Community Education Association. $20,000. 5/1/04-10/31/04.Fed.

 

NCEA will perform Continuous Improvement Process for After School (CIPAS) Services at five (5) Utah State Office of Education, 21st Century Community Learning Centers (21st CCLC) Grantee Program Sites; and train trainers for Utah to build its own training team.

 

                        S.  Utah Education Network. $36,720. 7/1/04-6/30/09. Amend. Fed.

 

UEN will provide videoconferencing connectivity through their backbone network on T-1 circuits to four locations in Taylorsville, Provo, St. George and Logan Rehabilitation offices. This connection will allow clients and staff to communicate visually in American Sign Language as well as orally for the purpose of providing individuals who are Deaf and Hard of Hearing in rural areas service such as community education, mental health counseling, as well as interpreter training and mentoring.

 

                        T.  Washington County School District. $18,516. 7/1/04-6/30/05. Amend. Fed.

 

To provide funding for a Transition Facilitator to provide for transition services to Special Education and 504 students in the Washington County School District. This target population is comprised primarily of Vocational Rehabilitation clients and potential Vocational Rehabilitation clients.


                        (For complete details of the Contracts see General Exhibit No. 9343.)

 

                  3.   Online Testing, R277-402

 

R277-402 is to provide additional definitions and a timeline for expeditious implementation of an effective online testing system for school districts/charter schools to use to satisfy U-PASS requirements. The rule provides for application and award procedures, distribution of funds and timelines. The Board approved R277-402, Online Testing on second reading at the May 7, 2004 meeting. There have been no substantive changes to the rule since that time. The Board approved R277-402, Online Testing on third and final reading. (For complete details, see General Exhibit No. 9344.)

 

                  4.   Educator Licensing Renewal, R277-501

 

The following amendments were made to Rule R277-501, Educator Licensing Renewal: (1) Addition of renewal point category for volunteer and paraprofessional service in instructional rules; (2) Renewal fee option for all educators beginning July 1, 2005, and (3) Individual responsibility to track renewal cycle. The Board approved R277-501, Educator Licensing Renewal amendments on second reading at the May 7, 2004 meeting. There have been no substantive changes to the rule since that time. The Board approved R277-501, Educator Licensing Renewal on third and final reading. (For complete details, see General Exhibit No. 9345.)

 

                  5.   Educator Licensing and Data Retention, R277-502

 

Amendments to R277-502 are for consistency with other board rules. Changes include: (1) Letters of authorization for Alternative Routes to Licensure (ARL) candidates; (2) USOE-designated content testing for license applicants to begin July 1, 2005; and (3) new $15 fee for additional endorsement(s), CACTUS change and issue of new license included in fee. The Board approved R277-502, Educator Licensing and Data Retention on second reading at the May 7, 2004 meeting. There have been no substantive changes since that time. The Board approve R277-502, Educator Licensing and Data Retention on third and final reading. (For complete details, see General Exhibit No. 9346.)

 

                  6.   Appropriate Licensing and Assignment of Teachers, R277-520

 

Significant changes to R277-520 Appropriate Licensing and Assignment of Teachers will enable the Educator Licensing Division to bring current practice into congruence with current state and federal laws. Principal changes shall become effective on July 1, 2004:

 

                            Inclusion of Teacher Education Accreditation Council (TEAC) accreditation and regionally accredited competency-based teacher preparation programs;

                            Additional of subject endorsements to licenses with special education areas of concentration for teachers with secondary assignments;

                            Eligibility for State-Approved Endorsement Programs (SAEP) limited to teachers with at least nine semester hours of credit in the subject assignment;

                            Shorten initial SAEP period from 3 years to 2 years;

                            Require August 15 report of progress by teachers under letters of authorization prior to granting subsequent letter of authorization. Four year maximum for SAEP authorizations; and

                            Expansion of eligibility for “restricted endorsement’ to include Youth In Custody settings.

                            Effective July 1, 2005: USOE-designated content testing requirement for Utah licenses.

 

The Board approved the amendments to R277-520, Appropriate Licensing and Assignment of Teachers on second reading at the May 7, 2004 meeting. There have been no substantive changes since that time. The Board approved R277-520, Appropriate Licensing and Assignment of Teachers on third and final reading. (For complete details, see General Exhibit No. 9347.)

 

                  7.   Entry Years Enhancements (EYE) for Quality Teaching-Level 1 Utah

Teachers, R277-522

 

Amendments to R277-522 provide clarification of who is required to complete the EYE including Level 1 teachers employed or reemployed in the state and Level 1 teachers from out of state entering employment into the Utah Public Schools. Revisions are also made in the language to establish consistency in terminology and changes in other educator licensing rules. Further amendments were made at the May 7, 2004 meeting included adding R277-522-4C. The Board shall receive an annual report tracking the success of retention and the job satisfaction of Utah educators who complete the entry years enhancement program. The Board approved the amendments to R277-522 on second reading. There have been no substantive changes to the rule since that time. The Board approved R277-522, Entry Years Enhancements (EYE) for Quality Teaching - Level 1 Utah Teachers on third and final reading. (For complete details, see General Exhibit No. 9348.)

 

                  8.   School Professional Development Days Pilot Program, R277-418

 

R277-418 will satisfy language in H.B. 100 passed during the 2004 Legislative Session that requires the Board to develop a rule for the implementation of a professional development days pilot program. The rule provides requirements for program participation, timelines, criteria for a schools’ professional development days plan, and provides for Board review and accountability. Amendments were make to the rule under R277-418-3 Program Requirements and Timeline. A. A school desiring and approved by its local board to develop a pilot program which allows the school to use a maximum of 22 hours of the 990 hours of student instructional time required under R277-419. Under R277-418-4. Plan Compo9nents and Accountability, added (c) formative assessment scores or qualitative data, or both. And under R277-418 Definitions add D. “School community council” means a committee composed of school employees and parents as defined under Section 53A-1a-108(3). The Board approved R277-418 as amended on second reading at the May 7, 2004 meeting. There have been no substantive changes to the rule since that time. The Board approved R277-418, School Professional Development Days Pilot Program on third and final reading. (For complete details, see General Exhibit No. 9349.)

 

                  9.   State Supported Voted Leeway, R277-422

 

The amendments to R277-422 clarify many issues relative to changes in the statutory language of 53A-17a-133 and 134 Utah Code. At the May 7, 2004 meeting an additional section to the rule was added under R277-522-5D. School districts that fail to reach their reading goals shall terminate their levy under Section 53A-17a-150(15). After a period of no less than one year, school districts that terminated their levy may present a new or revised K-3 Reading Initiative plan to the Board. Following approval by the Board, the local board may reinstate the levy at the next possible tax rate setting opportunity. The Board approved R277-422 as amended on second reading at the May 7, 2004 meeting. There have been no substantive changes to the rule since that time. The Board approved R277-422, State supported Voted Leeway on third and final reading. (For complete details, see General Exhibit No. 9350.)

 

                  10. Administrative Rule Review

 

Under provisions of 63-45a-9, U.C.A. 1953, all administrative rules shall be reviewed every five years. There may be minor non-substantive changes within these rules. The following rules were reviewed and approved:

 

                        R277-105        Recognizing Constitutional Freedoms in the Schools

                        R277-438        Dual Enrollment

                        R277-916        Technology, Life, and Careers, and Work-Based Learning Programs

 

                        (For complete details, see General Exhibit No. 9351.)

 

                11.  National Association of State Boards of Education Dues

 

An invoice for the National Association of State Boards of Education Dues for Fiscal Year 2005 in the amount of $18,010; and the NCOSEA Dues for School Year 2005 in the amount of $130.00; and subscription to the Standard $20.00; for a total of $18,160.00 was approved. (For complete details, see General Exhibit No. 9352.)

 

                12.  Monthly Budget Report

 

The Monthly Budget Reports provide information to the Board in meeting its fiduciary responsibilities toward the Utah State Office of Education, the Utah State Office of Rehabilitation and the Utah Schools for the Deaf and the Blind. (For complete details, see General Exhibit No. 9353.)

 

                13.. School LAND Trust Program -Charter School Plans – FY 2005 Approval

 

The School LAND Trust Program, created by the 1999 Utah Legislature, distributes the annual interest and dividends from the permanent State School Fund through school districts to schools using a per pupil formula. Receipt of the funds is contingent upon the local school board reviewing implementation of the current plan and approving a new school plan to improve academic excellence. School community councils are responsible for overseeing the preparation and implementation of the plans. The State Board approves state sponsored charter school plans. In the future the Charter School Board will consider and approve them. Three charter schools are in their first year of planning and upon Board approval will receive funding for the first time in FY 2005.

 

In FY 2004 $8.3 million was distributed to public schools statewide to implement the School LAND Trust Program. Schools are planning for an estimated $8.9 million distribution for FY 2005.

     

Academy for Math, Engineering and Science (AMES) – First year school

The school team will analyze student assessments and develop rubrics for identified student project portfolio skills. Juniors will be presented with the initial portfolios for preliminary review and feedback.

 

CBA Center

CBA will use the funds to assist in paying a GED paraprofessional for tutoring.

 

Center City School

The school will purchase computer programs that reinforce foreign language and interactive math instruction and literacy instructional materials.

 

Freedom Academy – First year school

The focus will be to improve reading and language scores through professional development and the purchase of books and classroom supplies.

 

Jean Massieu School

The school has a multi-year plan to implement a literacy program through the Fairview Reading Program. They will continue to purchase the program supplies and materials.

 

John Hancock

Funds will be carried over this year and combined with FY05 funding to hire a literacy specialist to provide small group and individual instruction.

 

Pinnacle Canyon Academy

A science lab was added to the school with revenue from the School LAND Trust Program last year. Funding this year will purchase science textbooks and additional lab materials.

 

Salt Lake Arts Academy – First year school

Funding will hire technology specialists to work with staff to help students develop multi-media projects in American History.

 

Soldier Hollow

The school will continue to use the funding to provide textbooks and guided reading materials.

 

Success School

The school plans to purchase textbooks and videos for math, English, history, health and biology instruction.

 

Thomas Edison

The school will use funding for professional development in the Spalding method for teaching reading and writing. Additional in-service in curriculum and teaching strategies will be offered to staff.

 

Timpanogos Academy – First year plan

Teachers will be trained in the Spalding method of Language Arts. Funding will purchase the necessary supplies for implementation including listening centers and leveled readers.

 

Tuacahn High School for the Performing Arts

The school will purchase teaching tools to assist in teaching math, science and technology, specifically an ELMO overhead projector, science demonstration equipment, and equipment for lab computers to project to a classroom screen.

 

Uintah River High School

Funding will help hire a language arts tutor for individualized help.

 

                14.  List of Applicants for Licenses

 

A summary of the list of applicants for initial and renewal licenses was approved. (For complete details, see General Exhibit No. 9354.)

 

Executive Officer Report

                  Interim Superintendent Patrick Ogden presented the following items for information:

                  Recent difficulties with the Core Test Scheduling Delays – Mr. Ogden reported that Superintendent Harrington has put together a report outlining the activities and the steps that will be taken to prevent these things from happening next year. (For complete details of the report, see General Exhibit No. 9355.)

                  Chairman Kim Burningham noted that this was not a good experience and requested that the Board receive a report with regard to the preparation and printing of tests in December 2004 and February 2005.

                  Utah Schools for the Deaf and the Blind Superintendent Position and Institutional Council – Associate Superintendent Patti Harrington reported that the position for Superintendent at the Utah Schools for the Deaf and the Blind is now open. There is a very detailed job description which gives preference to a doctorate degree as well as American Sign Language.

                  There has been some dialogue relative to a member from the Jean Massieu Charter School having representation on the USDB Institutional Council.

                  Motion was made by Member Teresa L. Theurer seconded by Member Laurel Brown to add to the Utah Schools for the Deaf and the Blind Institutional Council a non voting member representative from the Jean Massieu Charter School. Motion carried.

                  Motion was made by Member Teresa L. Theurer and seconded by Member Laurel Brown to appoint Minnie Mae Wilding Diez as a non voting member of the Utah Schools for the Deaf and the Blind Institutional Council for a term of two years. Motion carried.

Board Chairman Report

                  Chairman Kim R. Burningham presented the following items for information

                  The recommendations from H.B. 115 Task Force are at the Governor’s office. They are deliberating what their procedure will be and will have their response by our next board meeting.

                  The Legislature passed up to $150,000 funding for an RFP to hire an agency to study tuition tax credits and their costs. He expressed appreciation to them as they developed the RFP for their inclusion of he and Patrick Ogden as well as the Utah School Boards Association for response. He reviewed it and Mr. Ogden made a couple of specific recommendations. The RFP is for someone to come in and say is it going to cost money and if so how much. He did write a letter back to them basically saying it is a good RFP, but it all depends on who you pick. If you pick someone who already has a preconceived notion that it is not going to cost money and will save us money, that is what you will get. Or, if you get someone from the opposite side. He strongly encouraged them to find someone who is totally impartial to do the study. Unfortunately they did not give much time for response. All of the RFP’s need to be in by the end of next week and by the next legislative meeting date the award will be made. Chairman Burningham noted that both he and Mr. Ogden have been in contact with people who may be impartial and could do this work to be a part of the process.

                  Chairman Burningham reported that he was a part of the interviews of the semi-finalist candidates for the state superintendent position. One of those people indicated they would go to every single legislator and meet with them after becoming superintendent. It is a monumental task, but if our superintendent will do that he promised that a Board Member will go to everyone of those meetings. To the degree this is possible, if the Superintendent goes, a board member will go with her.

                  Chairman Burningham indicated that we do not meet in the month of July, which would mean there would be no meeting until August 6th. Due to taking the majority of our meeting today on the selection of a new superintendent, there are several other items the Board should act upon. Therefore, the Board leadership is proposing that we schedule another meeting June 15 in conjunction with our visits with legislative leadership and the Governor. There was no opposition to meeting the afternoon of June 15 following the meetings with legislative leadership.

                  Legislative meetings – Chairman Burningham noted that meetings have been set up with Republican leadership at 8:30 a.m., Democratic Leadership at 10:30 a.m. He has requested a meeting with the Governor at 9:30 a.m. but has not received a response. Following those meetings we will then come to the State Office for our meeting.

                  Chairman Burningham reminded Board Members of the Board Social on August 5 at his home. It is for all of the Board members and their partners. He indicated we will be honoring former superintendent Steve Laing. Former board and staff members will also be included.

Executive Session Action

                  Motion was made by Member Dixie L. Allen to and seconded by Chairman Kim R. Burningham to approve Kirk Brotherson, Principal at Altamont High School for a one year extension on his certification to accommodate the needs of the district, with stipulations for further approval. Motion carried.

                  Motion to adjourn Dave Moss.

                  Meeting adjourned at 3:25 p.m.