Meetings

AGENDA
STATE BOARD OF EDUCATION
September 9, 2013
Arkansas Department of Education
ADE auditorium
9:00 AM

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  Reports
Report-1 Chair's Report
 
  Presenter: Brenda Gullett
Report-2 Commissioner's Report
 
  Presenter: Dr. Tom Kimbrell
Report-3 Update on Common Core State Standards, PARCC and School Improvement
  Information is provided to keep the State Board of Education apprised of the Department's work activities associated with college and career readiness and school improvement.
  Presenter: Dr. Megan Witonski
  Consent Agenda
C-1 Minutes - August 12, 2013
 
  Presenter: Deborah Coffman
C-2 Minutes - August 16, 2013 Special Meeting
 
  Presenter: Deborah Coffman
C-3 Commitment to Principles of Desegregation Settlement Agreement: Report on the Execution of the Implementation Plan
  By the Court Order of December 1, 1993, the Arkansas Department of Education (ADE) is required to file a monthly Project Management Tool (PMT) to the court and the parties to assure its commitment to the Desegregation Plan. This report describes the progress the ADE has made since March 15, 1994, in complying with the provisions of the Implementation Plan (Plan) and itemizes the ADE's progress against the timelines presented in the Plan. The September report summarizes the PMT for August.
  Presenter: John Hoy and Willie Morris
C-4 New Hires, Promotions, and Separations
  Applicant data from this information is used to compile the Applicant Flow Chart forms for the Affirmative Action Report, which demonstrates the composition of applicants through the selecting, hiring, promoting and terminating process.
  Presenter: Dr. Karen Walters and Clemetta Hood
C-5 Report on Waivers to School Districts for Teachers Teaching Out of Area for Longer than Thirty (30) Days, Ark. Code Ann. §6-17-309
  Arkansas Code Annotated §6-17-309 requires local school districts to secure a waiver when classrooms are staffed with unlicensed teachers for longer than 30 days. Requests were received from 62 school districts covering a total of 152 waivers.  There were also requests for long-term substitutes from one (1) school district requesting a total of one (1) waiver for long-term substitutes.  None of these requests were from a district in academic distress. These requests have been reviewed and either approved or denied by Department staff and are consistent with program guidelines.  
  Presenter: Dr. Karen Walters
C-6 2013 Education Service Cooperative Evaluation Report
  In accordance with Ark. Code Ann. §6-13-1021, the Arkansas Department of Education Rules Governing Education Service Cooperatives August 2012 establish guidelines of Arkansas' Regional Service Cooperatives.  Legislation requires each education service cooperative be evaluated during the 2012-13 school year and every five (5) years thereafter. A summary with numerical ratings on each of the required elements, an overall rating as awarded by each independent evaluation committee, and comments and/or recommendation when warranted for clarification are presented to the Board.  The State Board shall acknowledge receipt of the report and comment on any deficiencies identified in the report that should be corrected for the education service cooperative to remain eligible for base funding.
  Presenter: Dr. Charles Watson
C-7 Consideration of Approval of Education Service Cooperatives' Annual Report
  Arkansas Code Annotated § 6-13-1020 requires education service cooperatives file annual reports including policies and procedures with the Department of Education for State Board approval.
  Presenter: Dr. Tom Kimbrell
C-8 2013 Home School Report
  A summary report is provided to the State Board of Education and reflects the aggregate student data by county and district for the 17,215 Arkansas students who were home schooled in 2012-2013.
  Presenter: Lisa Crook
C-9 Recommendation for Adoption of Professional Learning Standards
  Act 969 of 2013 repealed the professional development standards as recommended by the National Staff Development Council.  The National Staff Development Council has since become Learning Forward.  Learning Forward revised professional learning standards in 2011.  The Standards for Professional Learning describe the attributes of effective professional learning to guide the decisions and practices of all educators with the responsibility to fund, organize, implement and evaluate professional learning.  Arkansas Department of Education staff respectfully requests the State Board of Education adopt the Standards for Professional Learning for Arkansas.
  Presenter: Dr. Tracy Tucker
C-10 Consideration of the Recommendation of the Professional Licensure Standards Board for a Written Warning for Case # 13-101B – Jimmy Jester
  The Professional Licensure Standards Board’s Ethics Subcommittee is recommending a written warning for Jimmy Jester for violation of Standard 1: An educator maintains a professional relationship with each student, both in and outside the classroom. Mr. Jester was notified of the Professional Licensure Standards Board’s recommendation by certified and regular mail dated July 18, 2013, and accepted the recommendation of the Ethics Subcommittee.
  Presenter: Michael Smith
C-11 Consideration of the Recommendation of the Professional Licensure Standards Board for Probation of the Educator's License for one (1) year and a Fine of $75 for Case # 13-105 - Beau Phillip Thompson
  The Professional Licensure Standards Board’s Ethics Subcommittee is recommending probation of the teaching license of Beau Thompson for one (1) year and a fine of $75 for violation of Standard 1: An educator maintains a professional relationship with each student, both in and outside the classroom. Mr. Thompson was notified of the Professional Licensure Standards Board’s recommendation by certified and regular mail dated July 21, 2013, and accepted the recommendation of the Ethics Subcommittee.
  Presenter: Michael Smith
C-12 Consideration of the Recommendation of the Professional Licensure Standards Board for Probation of the Educator’s License for one (1) year and a Fine of $75 for Case # 13-106 – James Christopher Holt
  The Professional Licensure Standards Board’s Ethics Subcommittee is recommending probation of the teaching license of James Holt for one (1) year and a fine of $75 for violation of Standard 1: An educator maintains a professional relationship with each student, both in and outside the classroom. Mr. Holt was notified of the Professional Licensure Standards Board’s recommendation by certified and regular mail dated July 18, 2013, and accepted the recommendation of the Ethics Subcommittee.
  Presenter: Michael Smith
C-13 Consideration of the Recommendation of the Professional Licensure Standards Board for Probation of the Educator’s License for one (1) year and a Fine of $75 for Case # 13-108 – Michael Wayne Manning
  The Professional Licensure Standards Board’s Ethics Subcommittee is recommending probation of the teaching license of Michael Manning for one (1) year and a fine of $75 for violation of Standard 1: An educator maintains a professional relationship with each student, both in and outside the classroom. Mr. Manning was notified of the Professional Licensure Standards Board’s recommendation by certified and regular mail dated July 19, 2013, and accepted the recommendation of the Ethics Subcommittee.
  Presenter: Michael Smith
C-14 Consideration of the Recommendation of the Professional Licensure Standards Board for a Written Reprimand and a Fine of $50 for Case #13-126 – Tonquion Brock, Jr.
  The Professional Licensure Standards Board’s Ethics Subcommittee is recommending a written reprimand and a fine of $50 for Tonquion Brock Jr. for violation of Standard 1: An educator maintains a professional relationship with each student, both in and outside the classroom.  Mr. Brock was notified of the Professional Licensure Standards Board’s recommendation by certified and regular mail dated July 19, 2013, and accepted the recommendation of the Ethics Subcommittee.
  Presenter: Michael Smith
C-15 Consideration of Voluntary Surrender of Arkansas Educator’s License – Monica Lee Teel – PLSB Case #12-075
  Monica Teel surrendered her teaching license as evidenced by her signed consent form.  Arkansas law does not provide for the mere surrender of a license.  As a result, the Board’s acceptance of the surrender of her license will result in its permanent revocation.
  Presenter: Cheryl Reinhart and Michael Smith
C-16 Consideration of the Recommendation of the Professional Licensure Standards Board for a Written Reprimand and a Fine of $50 for Case # 13-062 – Carol Latina-Smith
  The Professional Licensure Standards Board’s Ethics Subcommittee is recommending a written reprimand and a fine of $50 for violation of Standard 1: An educator maintains a professional relationship with each student, both in and outside the classroom; Standard 2: An educator maintains competence regarding skills, knowledge, and dispositions relating to his/her organizational position, subject matter, and/or pedagogical practice and Standard 3: An educator honestly fulfills reporting obligations associated with professional practices. Ms. Smith was notified of the Professional Licensure Standards Board’s recommendation by certified and regular mail dated June 21, 2013, and accepted the recommendation of the Ethics Subcommittee.
  Presenter: Michael Smith
C-17 Consideration of the Recommendation of the Professional Licensure Standards Board for Probation of the Educator’s License for three (3) years and a fine of $75 for Case #13-065 – Patricia Ann Perusich
  The Professional Licensure Standards Board’s Ethics Subcommittee is recommending probation of the teaching license of Patricia Perusich for three (3) years and a fine of $75 for violation of Standard 1: An educator maintains a professional relationship with each student, both in and outside the classroom and Standard 6:  An educator keeps in confidence secure standardized test material as well as information about students and colleagues obtained in the course of professional service unless disclosure serves a professional purpose or is allowed or required by law. Ms. Perusich was notified of the Professional Licensure Standards Board’s recommendation by certified and regular mail dated April 26, 2013, and accepted the recommendation of the Ethics Subcommittee.
  Presenter: Michael Smith
C-18 Consideration of the Recommendation of the Professional Licensure Standards Board for a Written Reprimand and a Fine of $50 for Case #13-039 – Patricia Ann Perusich
  The Professional Licensure Standards Board’s Ethics Subcommittee is recommending a written reprimand and a fine of $50 for violation of Standard 1: An educator maintains a professional relationship with each student, both in and outside the classroom.  Ms. Perusich was notified of the Professional Licensure Standards Board’s recommendation by certified and regular mail dated April 26, 2013, and accepted the recommendation of the Ethics Subcommittee.  
  Presenter: Michael Smith
C-19 Consideration of the Recommendation of the Professional Licensure Standards Board for Probation of the Educator’s License for one (1) year and a Fine of $75 for Case # 13-092 – Kcristii Dawn Record
  The Professional Licensure Standards Board’s Ethics Subcommittee is recommending probation of the teaching license of Kcristii Dawn Record for one (1) year and a fine of $75 for violation of Standard 1: An educator maintains a professional relationship with each student, both in and outside the classroom and Standard 4:  An educator entrusted with public funds and property honors that trust with honest, responsible stewardship. Ms. Record was notified of the Professional Licensure Standards Board’s recommendation by certified and regular mail dated July 18, 2013, and accepted the recommendation of the Ethics Subcommittee.  
  Presenter: Michael Smith
C-20 Consideration of the Recommendation of the Professional Licensure Standards Board for a Written Warning for Case # 13-101A – Adam Simmons
  The Professional Licensure Standards Board’s Ethics Subcommittee is recommending a written warning for Adam Simmons for violation of Standard 1: An educator maintains a professional relationship with each student, both in and outside the classroom. Mr. Simmons was notified of the Professional Licensure Standards Board’s recommendation by certified and regular mail dated July 18, 2013, and accepted the recommendation of the Ethics Subcommittee.
  Presenter: Michael Smith
C-21 Consideration of the Recommendation of the Professional Licensure Standards Board for Written Warning for PLSB Case #T13-005 – Rhonda Gipson
  The Professional Licensure Standards Board’s Ethics Subcommittee is recommending a written warning for Rhonda Gipson for violation of Standard 6:  An educator keeps in confidence secure standardized test material as well as information about students and colleagues obtained in the course of professional service unless disclosure serves a professional purpose or is allowed or required by law. Ms. Gipson was notified of the Professional Licensure Standards Board recommendation by certified and regular mail dated July 18, 2013, and accepted the recommendation of the Ethics Subcommittee.
  Presenter: Michael Smith
C-22 Consideration of Voluntary Surrender of Arkansas Educator’s License – Case # 13-147 – Thomas McDonald
  Thomas McDonald surrendered his teaching license as evidenced by his signed consent form.  Arkansas law does not provide for the mere surrender of a license.  As a result, the Board’s acceptance of the surrender of his license will result in its permanent revocation.
  Presenter: Cheryl Reinhart and Michael Smith
C-23 Consideration of Voluntary Surrender of Arkansas Educator’s License – PLSB Case #13-056 - Rowdy Cooper
  Rowdy Cooper surrendered his teaching license as evidenced by his signed consent form.  Arkansas law does not provide for the mere surrender of a license.  As a result, the Board’s acceptance of the surrender of his license will result in its permanent revocation.
  Presenter: Cheryl Reinhart and Michael Smith
  Action Agenda
A-1 Consideration for Approval of Embedded Courses- Elkins High School – Oral Communication and English 9; Bigelow High School – Oral Communication and English 10
  Act 421 of 2013 allows curriculum frameworks from two (2) separate courses to be taught in a single course, known as a combined or embedded course. Several school districts made application to the Curriculum and Instruction Unit for approval of the combined or embedded course and assured in writing that the curriculum frameworks for both courses will be fully taught in the combined or embedded course.  Department staff respectfully requests the Board approve the embedded courses as listed below, understanding that when the curriculum frameworks for either of the courses is revised, a new course approval request must be submitted and approval must be granted at that time by the Board.   Elkins High School – Oral Communication and English 9;      Bigelow High School – Oral Communication and English 10  
  Presenter: Dr. Tracy Tucker
A-2 Consideration for Final Approval: Revision of the Arkansas Department of Education Rules Governing Special Education and Related Services, Due Process
  On February 14, 2013, amendments to § 300.154(d) of the federal regulations implementing the Individuals with Disabilities Education Act (IDEA) were published in the Federal Register.  Revision of the State Rules is necessary to achieve compliance with the new federal requirements.  On July 8, 2013 the State Board of Education approved the proposed revision for a public comment period.  A public hearing was held August 12, 2013 and the public comment period expired August 16, 2013.  Department staff received public comments on the proposed rules and after careful consideration of the public comments made no revision to the proposed rules.  Arkansas Department of Education staff respectfully requests the State Board give its final approval to the proposed revision.
  Presenter: Courtney Salas-Ford
A-3 Consideration for Final Approval: District Conversion and Limited Public Charter School Application
 

Ark. Code Ann. § 6-23-201 requires the State Board to adopt an application form for those wishing to apply to open a district conversion or limited public charter school.  The State Board approved the application for public comment on July 8, 2013.  A public hearing was held on July 30, 2013.  No oral or written comments were received.  Department staff respectfully requests the State Board give final approval to the proposed application.

  Presenter: Mary Perry
A-4 Consideration for Final Approval: Rules Governing Educator Licensure
  The Department recommends changes to the Rules Governing Educator Licensure to implement Acts 413, 454, 455, 969, and 1073 of the Regular Session of the Arkansas General Assembly, to update the sections concerning mentoring, and make corrections to Appendix A – Levels and Areas of Licensure.  The State Board released the proposed rules for public comment July 8, 2013.  A public hearing was held July 30, 2013.  The public comment period expired August 16, 2013.  Department staff received public comments on the proposed rules and after careful consideration of the public comments, made revisions to the proposed rules.  The Department staff respectfully requests that the State Board give its final approval to the proposed rules.
  Presenter: Cheryl Reinhart
A-5 Consideration for Emergency Adoption: Arkansas Department of Education Emergency Rules Governing the Digital Learning Act of 2013
  Act 1280 of 2013 established the Digital Learning Act of 2013. Act 1280 of 2013 provides for the expansion of digital learning opportunities to Arkansas public school students. The act requires the Department of Education to promulgate rules to administer a digital learning pilot program for the 2013-2014 school year. Accordingly, Department staff respectfully requests the State Board of Education grant emergency adoption to the proposed rules.
  Presenter: Dr. Megan Witonski and Jeremy Lasiter
A-6 Consideration for Public Comment: Arkansas Department of Education Rules Governing the Digital Learning Act of 2013
  Act 1280 of 2013 established the Digital Learning Act of 2013. Act 1280 of 2013 provides for the expansion of digital learning opportunities to Arkansas public school students. The act requires the Department of Education to promulgate rules to administer a digital learning pilot program for the 2013-2014 school year. Accordingly, Department staff respectfully requests that the State Board of Education approve the proposed rules for public comment.
  Presenter: Dr. Megan Witonski and Jeremy Lasiter
A-7 Consideration for Public Comment: Proposed Revisions to the Arkansas Department of Education Rules Governing Ethical Guidelines and Prohibitions for Educational Administrators, Employees, Board Members, and Other Parties
 

Act 608 of 2013 amended Ark. Code Ann. § 6-24-101 et seq. relating to ethical prohibitions for administrators, board members, and employees.  Revisions to these rules include the necessary changes based on Act 608 of 2013.  Department staff respectfully requests the State Board approve these proposed revisions for public comment.

  Presenter: Kendra Clay
A-8 Consideration for Public Comment: Proposed Revisions to the Arkansas Department of Education Rules Governing School District Educational Excellence Trust Fund
 

Acts 1138 and 1278 of 2013 amended Arkansas law related to Educational Excellence Trust Funds. Additionally, the current version of the Arkansas Department of Education Rules Governing School District Educational Excellence Trust Funds has not been revised since 1996.  The State Board approved these revisions for public comment on July 8, 2013.  One public comment was received.  Additional revisions to the rule were made based on the public comment.  Accordingly, Department staff respectfully requests that the State Board approve the proposed rules for a second public comment period.

  Presenter: Kendra Clay
A-9 Consideration for Approval: Community Advisory Board
  The Pulaski County Special School District and the Helena-West Helena School District remain in fiscal distress.  Both districts remain under state authority.  Act 600 of 2013 allows the Commissioner of Education, with the approval of the State  Board of Education, to appoint a community advisory board of either five (5) or seven (7) members to serve under the supervision and direction of the Commissioner of Education.  The members of the community advisory board shall be residents of the school district(s) and shall serve on a voluntary basis without compensation.  The Department of Education shall provide the board with technical assistance and training in, at a minimum, the areas required in Ark. Code Ann. § 6-13-629.  

 The duties of the community advisory board include: (1) meeting monthly during a regularly scheduled public meeting with the state-appointed administrator regarding the progress of the school district toward correcting all issues that caused the classification of fiscal distress; (2) seeking community input from the patrons of the school district regarding the progress of the public school or school district toward correcting all issues that caused the classification of fiscal distress; (3) conducting hearings and making recommendations to the Commissioner of Education regarding personnel and student discipline matters under the appropriate district policies; (4) working to build community capacity for the continued support of the school district; and (5) submitting quarterly reports to the Commissioner of Education and State Board of Education regarding the progress of the school district toward correcting all issues that caused the classification of fiscal distress.    

The members of the community advisory board shall serve at the pleasure of the Commissioner of Education until: (1) the school district is returned to local control and a permanent board of directors is elected and qualified; or (2) the State Board of Education annexes, consolidates, or reconstitutes the school district under the laws of the State of Arkansas.  

 The Commissioner of Education requests approval for the appointment of members to the community advisory boards for the Pulaski County Special School District and the Helena-West Helena School District.
  Presenter: Dr. Tom Kimbrell
A-10 Report from Vilonia Academy of Service Learning and Technology
  In accordance with the stipulation of the three-year district conversion charter renewal granted to the Vilonia Academy of Service Learning and Technology by the State Board of Education, April 10, 2012, representatives of the charter appear to present the Board with a plan describing the ways in which service learning could be incorporated throughout the Vilonia School District.
  Presenter: Mary Perry
A-11 Report from Vilonia Academy of Technology
  In accordance with the stipulation of the three-year district conversion charter renewal granted to the Vilonia Academy of Technology by the State Board of Education, April 10, 2012, representatives of the charter appear before the Board to provide specific information about instructional methods and student achievement.
  Presenter: Mary Perry
A-12 Consideration of the Recommendation of the Professional Licensure Standards Board for Suspension of License for Nonpayment of Fine in Case # 13-045, Jonathan Michael Gosdin
  Jonathan Michael Gosdin is a licensed educator.  May 13, 2013, the State Board suspended the teaching license of Jonathan Michael Gosdin for two (2) years and assessed a fine of $75 in this case.  The Professional Licensure Standards Board’s Ethics Subcommittee is recommending the suspension of the teaching license of Jonathan Michael Gosdin for failure to pay the $75 fine assessed against him.  The State Board may suspend an educator’s license for nonpayment of a fine or failure to comply with sanctions imposed as the result of a violation of the Code of Ethics for Arkansas Educators until the educator has complied in full with all applicable sanctions imposed under the authority of the Arkansas Administrative Procedures Act Ark. Code Ann. § 25-15-217(d) and the Rules Governing the Code of Ethics for Arkansas Educators.  Mr. Gosdin was first notified of the fine June 11, 2013. On August 14, 2013, Mr. Gosdin was notified by certified mail and regular mail the Professional Licensure Standards Board would recommend his license be suspended and not renewed until the fine is paid. Mr. Gosdin has not responded or paid the fine.    
  Presenter: Cheryl Reinhart
A-13 Consideration of the Recommendation of the Professional Licensure Standards Board for Suspension of License for Nonpayment of Fine in Case # 13-066, Elizabeth Diana Newlun
  Elizabeth Diana Newlun is a licensed educator.  On July 8, 2013 the State Board placed Elizabeth Diana Newlun’s license on probation for three (3) years and assessed a fine of $75 in this case. The Professional Licensure Standards Board’s Ethics Subcommittee is recommending the suspension of the teaching license of Elizabeth Diana Newlun for failure to pay the $75 fine assessed against her.   The State Board may suspend an educator’s license for nonpayment of a fine or failure to comply with sanctions imposed as the result of a violation of the Code of Ethics for Arkansas Educators until the educator has complied in full with all applicable sanctions imposed under the authority of the Arkansas Administrative Procedures Act, Ark. Code Ann. § 25-15-217(d) and the Rules Governing the Code of Ethics for Arkansas Educators.  Ms. Newlun was first notified of the fine July 9, 2013. On August 14, 2013, Ms. Newlun was notified by certified mail and regular mail that the fine remained unpaid and that the Professional Licensure Standards Board would recommend her license be suspended and not renewed until the fine is paid. Ms. Newlun has not responded or paid the fine.     
  Presenter: Cheryl Reinhart
A-14 Consideration of Request for Reduced Sanction in PLSB Case #11-063, Tara Chantelle Kegley
  Tara Chantelle Kegley is a licensed educator.  On November 14, 2011, the State Board of Education suspended the teaching license of Ms. Kegley for three (3) years, assessed a fine of $100, and ordered counseling and rehabilitation.  Ms. Kegley has completed two (2) years of the suspension and the remaining conditions under the order.  She has requested a hearing before the State Board to consider reducing the suspension to the two (2) years completed. 
  Presenter: Cheryl Reinhart
A-15 Hearing on Waiver Request for Teaching License – Brittany Burns
  Brittany Burns is a licensed educator.  She has requested a waiver of the grounds for revocation of her standard teaching license.  The State Board shall not issue a first-time license nor renew an existing license and shall revoke any existing license not up for renewal of a person who has pled guilty, or nolo contendere to, or has been found guilty of a disqualifying offense listed in Ark. Code Ann. § 6-17-410(c).   Ms. Burns is represented by her attorney, Clayton Blackstock.  
  Presenter: Cheryl Reinhart
A-16 Hearing on Waiver Request by a Preservice Teacher – Kayla Nicole Deere
  Kayla Nicole Deere is a preservice teacher seeking employment for her internship.  The State Board shall not issue a first-time license nor renew an existing license and shall revoke any existing license not up for renewal of a person who has pled guilty, or nolo contendere to, or has been found guilty of a disqualifying offense listed in Ark. Code Ann. § 6-17-410(c).  Under Act 455 of 2013, a preservice teacher may request a waiver of the disqualifying offense and Ms. Deere has requested a hearing for that purpose.  Ms. Deere represents herself.
  Presenter: Cheryl Reinhart
Minutes have not been generated.