Minutes - March 11, 2009

New Hampshire State Board of Education
State Department of Education
101 Pleasant Street
Concord, NH 03301

Agenda Item I. Call to Order

The regular meeting of the State Board of Education was convened at 9:05 a.m. at the Department of Education in Concord, NH. William Walker was appointed Acting Chairman until Chairman Lyons arrived at 9:30 a.m. from a court hearing. John E. Lyons, Jr. presided thereafter.

Members present: John E. Lyons, Jr., Fredrick J. Bramante, Jr., Helen G. Honorow, Daphne Kenyon, Stephen R. L'Heureux, Tom Raffio, and William Walker.

Also in attendance were Lyonel B. Tracy, Commissioner of Education, and Mary S. Heath, Deputy Commissioner of Education.

Agenda Item II. Pledge of Allegiance

William Walker led the pledge of allegiance.

Agenda Item III. Public Comment

Julia Freeman-Woolpert spoke to the Board of her concerns that resettled refugee students in Concord are waiting one, two, and three months before being allowed to enroll in school. She mentioned that two Bhutanese high school students arrived in Concord from refugee camps in Nepal in December of 2008 and were not allowed to enroll in school until March of 2009. They have missed half a year of school and any credits they could have earned in that time. Ms. Freeman-Woolpert also submitted her testimony in writing.

Eileen Groll Liponis, Executive Director of the New Hampshire Public Charter School Association, spoke on behalf of all the authorized public charter schools and thanked Board members for their support on both HB 1642 and SB 539 which have successfully solidified public charter schools to be included in the permanent public school funding formula and continue to thrive as public education options for families in the State. She said that the charter schools would be interested in participating in the American Recovery and Reinvestment Act Stimulus Bill of 2009.

Agenda Item IV. Open Board Discussion

Fred Bramante said that his daughter, Doria's documentary on Bhutanese refugees is in the final stages of being completed. She has worked with Bhutanese refugees both in Nepal and in New Hampshire. The film is being prepared to be marketed to appropriate cable networks.

Daphne Kenyon mentioned Nancy Stiles efforts with the truancy bills.

Board members discussed the March 27th Board Retreat and suggested agenda items such as the transition to the new Commissioner, the economy and budget, and dropout education.

Commissioner Tracy said that the Governor would be applying for all stimulus money.

Tom Raffio mentioned the Arts Education Survey. He met that morning with Marcia McCaffrey and Catherine O'Brian. He would like the Board to endorse and support the state-wide analysis of this survey.

Motion: Tom Raffio made the motion, seconded by Fredrick Bramante, that the State Board of Education support and endorse the state-wide arts education survey.

Vote: The motion was adopted by unanimous vote of the Board present, with the Acting Chairman voting.

Acting Chairman William Walker commended Tom Raffio for all his work around the arts.

Helen Honorow mentioned a play, the "Ripple Effect," that was being presented in Nashua on Saturday night.

John Lyons arrived at 9:30 a.m. and resumed Chairmanship. Chairman Lyons reported on the meeting in Washington that he, Commissioner Tracy, and Deputy Commissioner Heath attended on Tuesday relative to Tough Choices or Tough Times.

Agenda Item V. Special Presentations

A. Monarchs Presentation - On February 22nd, Mary Heath, Chairman Lyons, and Lori Temple attended a celebration of education at the Monarchs game. Jason Bergeron of the Monarchs and Jim Dowding of the NH Business Education Association were invited to this meeting to thank them for helping plan this event, where educators from across the State were invited to the game and received public recognition. Jim Dowding attended but Mr. Bergeron was not able to attend this meeting but Jon Mermer came. Mr. Dowding mentioned the Monarchs Care Foundation where students can apply for monetary awards for youth initiatives. The Monarchs are also helping postsecondary institutions. On behalf of the Board and Department, Lori Temple presented a Follow The Child Banner to Jon Mermer for all the support the Monarchs provide to education. Helen Honorow mentioned that Nashua presented tickets to the games for academic awards.

B. City Year New Hampshire - This was postponed until the April 8th meeting.

C. Delay in Full Compliance - Hilltop Elementary School, Somersworth - Ed Murdough, Karen Soule, Superintendent of Schools for SAU #5, and the Somersworth School Board Chairman, were present. Hilltop Elementary School has been conditionally approved for the past three years due to a number of fire safety and other facility shortcomings. In August 2007, the State Fire Marshal directed several corrective measures including placing the upper two floors of the building off limits to children. The school district subsequently installed several portable classrooms at the school which was allowed to remain open by the State Fire Marshal for SY 2007-2008 and SY 2008-2009. On February 17, 2009, the Somersworth City Council approved a bond for the construction of a new elementary school to replace the Hilltop Elementary School. The new school is expected to open by SY 2011-2012.

Motion: Stephen L'Heureux made the motion, seconded by Tom Raffio, that the State Board of Education authorize a Delay in Full Compliance to the Hilltop Elementary School in accordance with Ed 306.30 until June 30, 2010.

Vote: The motion was adopted by unanimous vote of the Board present, with the Chairman voting.

Tom Raffio left at 10:00 a.m.

D. Long-Term Effects of Reading Recovery in New Hampshire - Helen Schotanus introduced Wendy Mattson, Beth Simpson, Dorothy Portalla, and Phil Yeaton. Reading Recovery is a scientifically proven, sort-term intervention for children who have the lowest achievement in literacy in first grade.

E. Hearing - Ed 507.24, Ed 507.241, Ed 507.27, Ed 507.271, Ed 612.05, Ed 612.051, Ed 612.28, and Ed 612.29, English Language Arts and Social Studies for Middle and High School Certification and Teacher Preparation Programs - Chairman Lyons opened the hearing at 11:00 a.m. These rules set the standards that individuals for certification must meet in order to teach core-content areas of English language arts and social studies at the level of middle school and high school. These rules also set the standard for the approval of teacher education programs for the core-content areas at the level of middle school and high school. These rules are being amended to update the requirements by including techniques for enhancing student learning in demonstrated competencies. Four of these rules have expired and are being adopted with the same changes as the amended rules. These rules affect those individuals who seek a teaching certificate with an endorsement in English language arts and or social studies. They also impact the teacher preparation programs that prepare individuals in these areas. There was no testimony at this hearing. Chairman Lyons closed the hearing at 11:30 a.m.

F. Hearing - Ed 1120.05, Parental Refusal of Consent: Initiation of Due Process Hearing by LEA - Chairman Lyons opened the hearing at 11:30 a.m. The language of the new rule amends the existing language to be consistent with federal law. In the previous rulemaking process, there was an error regarding the working of this section. The current language is not consistent with federal law. This amendment includes reevaluation in the section that permits the use of mediation or a due process hearing to contest a parental decision. It removes the local education agencies authority to initiate court proceedings when they could not obtain parent consent to provide services. There was no testimony at this hearing. Chairman Lyons closed the hearing at 12:00 noon.

G. Hearing - Student/NH Department of Education - SB-FY-09-02-013 - Chairman Lyons asked the parties if they would like this hearing held in public or nonpublic session. The parents chose public session. A request for a hearing by the Board was received on February 5, 2009. The issue was relative to an appeal of the Commissioner of Education's January 12, 2009 decision concerning the location of the student's bus stop. Jurisdiction lies with the State Board of Education pursuant to RSA 21-N:11, III. A pre-hearing conference was scheduled for February 20, 2009. The Commissioner's decision stated that there was no justification for him to overrule the decision of the Sanborn Regional School Board concerning the location of the student's bus stop and that the stop is typical of many throughout the state. The Hearing Officer's recommendation, in effect, overturns the Commissioner's decision. Ed Murdough, Keith Pfeifer, Superintendent of Schools for SAU #17, and the parents were present, and presented testimony.

Motion: Fredrick Bramante made the motion, seconded by William Walker, that the State Board of Education reject the Hearing Officer's Report and Recommendation and remand the matter back to the Hearing Officer for further consideration with the instructions that the Hearing Officer specifically report back as to what unsafe conditions he found and as part of that meet at the site while the bus is dropping children off with the Duvals, Ed Murdough, and a representative from the Superintendent's Office. In the meantime, the Superintendent has agreed that the school bus will drop the child off at her place of residence in the afternoon.

Vote: The motion was adopted by unanimous vote of the Board present, with the Chairman voting.

Agenda Item VI. Legislative Issues

Sarah Browning discussed the recent House Education Committee executive session in which the committee voted on recommendations for thirteen bills in their possession. She stated that HB 560, the Extended Learning Opportunities Bill, and HB 615, withdrawal of school administrative units, as well as HB 368, a home education bill were retained by the committee, which means they need more work before the committee offers a recommendation to the full house in January of 2010. Ms. Browning said that House Concurrent Resolution #7, as well as HB 332 were recommended ought to pass with amendment. HB 154 is also ought to pass with amendment. HB 367 concerning home education programs was recommended as inexpedient to legislate. Today the House is taking up HB 489, requiring student members on school boards. The recommendation from the Municipal and County Governments Committee is that this bill is inexpedient to legislate. Both bills concerning administrative rules (HB 252 and HB 297) are on the floor today with a committee recommendation of ought to pass with amendment for the Executive Departments and Administration Committee. The amendments are the result of collaboration among the administrators for rules in several agencies, including the Department of Education. The legislature's focus in public education this session is on accountability. The vehicle for the new accountability system is in SB 180. She stated that the Commissioner and the Deputy Commissioner had been active participants in the progress of this legislation and could provide the Board with more details or answer specific questions Board members might have regarding this bill.

Chairman Lyons said that there are home schooling students that are lost in the process. Daphne Kenyon suggested that the Department log in facts concerning home-schooled students. Deputy Commissioner Heath testified on the bill on home schooling.

Agenda Item VII. New Department Business

A. Rulemaking - Sarah Browning reported on the following.

Initial Proposal - Ed 507, and Ed 612, Science for Middle and High School Teacher Certification and Teacher Preparation Programs - A vote of the Board is needed to adopt the initial proposal and enter the rulemaking process for Ed 507.28, Middle Level Science Teachers for Grades 5-9; Ed 507.29, Science Teachers; General Requirements; Ed 507.30 Earth Space Science Teachers for Grades 7-12; Ed 507.31, Life Science Teachers for Grades 7-12; Ed 507.32, Chemistry Teacher for Grades 7-12; Ed 507.33, Physics Teacher for Grades 7-12; Ed 612.22, Middle Level Science for Grades 5-9; Ed 612.23, Science Program; General Requirements; Ed 612.24, Earth Space Sciences for Grades 7-12; and Ed 612.25, Life Science for Grades 7-12; Ed 612.26, Chemistry for Grades 7-12; Ed 612.27, Physics for Grades 7-12; and Repeal Ed 507.30, Educator in Physical Science; and Ed 612.24, Physical Science for Grades 7-12. The Board is being asked to enter rulemaking because the rules have already expired and the Bureau of Credential is left without authority to require educators and the programs that prepare them to meet the standards in these subject areas. The rules update the requirements for certification endorsements and approval of preparation programs in Science, one of the four core-content areas. The Department will begin the rulemaking process by filing the initial proposal with the staff of JLCAR for publication in the rules register. The Board should then be prepared to hold a public hearing on the proposed rules as a specific date, time and place. Notice of such hearing will be provided to interested parties through the Rulemaking Notice form ad on the Department's Web site.

Motion: Fredrick Bramante made the motion, seconded by Helen Honorow, that the State Board of Education enter the rulemaking process for Ed 507.28, Middle Level Science Teachers for Grades 5-9; Ed 507.29, Science Teachers; General Requirements; Ed 507.30 Earth Space Science Teachers for Grades 7-12; Ed 507.31, Life Science Teachers for Grades 7-12; Ed 507.32, Chemistry Teacher for Grades 7-12; Ed 507.33, Physics Teacher for Grades 7-12; Ed 612.22, Middle Level Science for Grades 5-9; Ed 612.23, Science Program; General Requirements; Ed 612.24, Earth Space Sciences for Grades 7-12; and Ed 612.25, Life Science for Grades 7-12; Ed 612.26, Chemistry for Grades 7-12; Ed 612.27, Physics for Grades 7-12; Repeal Ed 507.30, Educator in Physical Science; and Ed 612.24, Physical Science for Grades 7-12. A public hearing is scheduled for the State Board meeting on May 13, 2009 at 11 a.m.

Vote: The motion was adopted by unanimous vote of the Board present, with the Chairman voting.

B. Amendments to Articles of Agreement - Rivendell Interstate School District - Sarah Browning reported on this item. A vote is needed by the Board to approve for inclusion on the school district warrant amendments to the Rivendell Articles of Agreement. RSA 200-B:1, Article IX A states that amendments to New Hampshire-Vermont Interstate School Compact Articles of Agreement shall be adopted in the manner provided in the articles of agreement. Article J-4 of the Rivendell Articles of Agreement require approval from both the New Hampshire State Board of Education and the Vermont State Board of Education in order to place amendments to the articles of agreement on the warrant of an annual meeting for approval by the interstate school district. Approval by New Hampshire and Vermont State Boards of Education will permit the school district voters in Orford, New Hampshire, and Fairlee, West Fairlee and Vershire, Vermont to vote on whether to adopt these amendments to the Rivendell Interstate School Compact Articles of Agreement.

Motion: Daphne Kenyon made the motion, seconded by William Walker, that the State Board of Education approve the Amendments to the Articles of Agreement for the Rivendell interstate School District.

Vote: The motion was adopted by unanimous vote of the Board present, with the Chairman voting.

Agenda Item VIII. New Board Business

A. Priorities of State Board
B. Education Reform

These items were not discussed at this meeting.

Agenda Item IX. Commissioner's Report

Commissioner Tracy reported he and Department staff have testified at the Division 2 budget hearings for three days. Commissioner Tracy said there was discussion on charter schools and he has advocated for them but funding is an issue. They have asked to have language put into HB 2 to recover $400,000 that was inadvertently removed for the Reading Recovery program. This will be shifted from General Funds to Federal Funds. They have put in $5,000 for State Board travel but this will be questioned and could be removed. Catastrophic aid is a huge part of the budget and the aids programs will be pro-rated. On the stimulus funding there is inaccurate numbers going out from different sources. Commissioner Tracy mentioned Tough Choices or Tough Times which calls for international benchmarks. Mr. Bramante asked if the Reading Recovery people were aware of the removal of funds. Mr. Walker said there has to be measurements of these international standards. Commissioner Tracy said that teachers need to know and be able to teach the international benchmarks. President Obama's education speech was mentioned. Mr. Bramante said the New Hampshire vision is beyond the idea articulated in the President's speech.

Chairman Lyons said the Governor's Budget is respectful towards the Department and if the Board is needed to help with this they are available.

Deputy Commissioner Heath discussed the FY 2010 Education Budget that was presented to the House Finance Committee on February 19th.

Agenda Item X. Old Business

There was no Old Business at this meeting.

Agenda Item XI. Consent Agenda

A. Minutes of February 11, 2009

Motion: Helen Honorow made the motion, seconded by Daphne Kenyon, that the State Board of Education approve the Minutes of February 11, 2009.

Vote: The motion was adopted by unanimous vote of the Board present, with the Chairman voting.

B. Approval of Professional Preparation Programs New Hampshire Institute of Art - In June 2008, New Hampshire Institute of Art submitted a K-12 Art Education Teacher Preparatory Program Narrative for a new art educator preparation program. On November 5, 6, and 7, 2008, a visiting committee reviewed the proposed new Art Education professional educator preparation program at New Hampshire Institute of Art. The committee's final report was presented to the Council for Teacher Education on February 11, 2009. The Council recommended a five-year provisional approval until March 11, 2014.

Motion: Fredrick Bramante made the motion, seconded by Stephen L'Heureux, that the State Board of Education grant a five-year provisional approval of New Hampshire Institute of Art's Art Education professional educator preparation program through March 11, 2014.

Vote: The motion was adopted by unanimous vote of the Board present, with the Chairman voting.

C. Nomination of Marc Boyd to New Hampshire Home Education Advisory Council - The Department is requesting the Board's approval of the nomination of Marc Boyd, Principal, Maple Avenue School, Goffstown, to serve on the Home Education Advisory Council. Mr. Boyd represents the New Hampshire Association of School Principals and he will serve a three-year term expiring June 30, 2012.

Motion: Helen Honorow made the motion, seconded by Daphne Kenyon, that the State Board of Education accept the nomination of Marc Boyd to serve on the New Hampshire Home Education Advisory Council for a three-year term expiring June 30, 2012.

Vote: The motion was adopted by unanimous vote of the Board present, with the Chairman voting.

D. Student/Somersworth School Board - SB-FY-09-09-003 - Notification of Settlement - A request for a hearing by the Board was received on September 8, 2008. The issue was relative to a hearing on appeal of an expulsion. A pre-hearing conference was scheduled for September 26, 2008. On October 31, 2008, counsel for the Somersworth School Board sent notification of settlement and the desire of the student to withdraw his appeal. On November 14, 2008, an e-mail was received from the student confirming the same. If the Board accepts the Hearing Officer's Report and adopts the Recommendation, the matter will be dismissed.

Motion: Fredrick Bramante made the motion, seconded by Daphne Kenyon, that the State Board of Education accepts the Hearing Officer's Report and adopts the Hearing Officer's Recommendation.

Vote: The motion was adopted by unanimous vote of the Board, with the Chairman voting.

Agenda Item XI. Other Business

Chairman Lyons suggested that 21st Century Reforms for teacher preparation be on the April 8th agenda and Council for Teacher Education members be part of this discussion. Mr. Bramante said that Ed McKay, USNH Chancellor, should be a part of this discussion. Also, Chairman Lyons suggested that charter schools be on the April 8th agenda.

Agenda Item XIII. Tabled Items

A. Merrimack School of Excellence Charter School

Agenda Item IVX. Nonpublic Session

The Board did not go into Nonpublic Session at this meeting.

Agenda Item XV. Adjournment

Motion: Daphne Kenyon made the motion, seconded by Helen Honorow, that the State Board of Education adjourn the meeting at 1:25 p.m.

Vote: The motion was adopted by unanimous vote of the Board present, with the Chairman voting.

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Secretary