Minutes - June 10, 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. Chairman Lyons presided.

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 Virginia M. Barry, Commissioner of Education, and Mary S. Heath, Deputy Commissioner of Education.

Chairman Lyons welcomed Commissioner Barry.

Agenda Item II. Pledge of Allegiance

Commissioner Berry led the pledge of allegiance.

Agenda Item III. Public Comment

Kir Harris and James Gouin, Interns for Fred Bramante, spoke to the Board. They are working on surveys that would be sent out to various stakeholders regarding high school redesign. They are students at the Whittemore School of Business and Economics at the University of New Hampshire. They would pretest five random high school students. Daphne Kenyon was concerned about the surveys actually getting the word out. Helen Honorow also was concerned about some of the wording.

Agenda Item IV. Open Board Discussion

A. Surveys - Fred Bramante said that he had been working with two interns from the Whittemore School of Business and Economics addressing some of the needs stated at the recent Board Retreat. An often stated issue in the retreat notes is the need for data and analysis. They have been working on surveys that we would propose to send out to various stakeholders regarding high school redesign.

B. Department Budget Overview - Michael Bieniek, Business Administrator for the Department, presented an overview of the Department's budget that included a Comparison of Senate Approved HB1 to the Governor's Proposed Budget for FY 2010 and 2011. Mr. Bieniek also explained the pie chart for the Senate Budget by Funding Source and the unfunded positions that the Department has at this time.

C. Croydon - Chairman Lyons mentioned a letter he had received regarding the Croydon situation.

D. Reports from Board members

Tom Raffio said on Monday he had attended a meeting of the New Hampshire Scholars Leadership Board meeting. This is a group, along with Scott Power, who is working together to promote the program so that more schools adopt the scholars program and where businesses get involved as partners. It is a group of educators, business people, and some politicians and our role is to get the word out on the scholars program. The best ones out there, one is Winnisquam Regional High School, are the ones that have businesses involved as partners. Mr. Raffio attended senior night at Winnisquam Regional High School and we acknowledged all of the scholars. There were about twenty-one receiving awards. Delta Dental gave a scholarship as did many of the other businesses involved. Mr. Raffio said that some superintendents have become involved with the balanced score card.

William Walker is retiring from State service on July 1st. Mr. Walker is concerned about the capping of charter schools.

Fred Bramante reminded everyone of the "Ed"ies event on June 13th. He also said that in the Retreat notes that the Board would like to meet with Commissioner Barry after the August meeting. He is also presenting at the Model Schools Conference on high school redesign and spoke on this topic at the ASCD conference.

Helen Honorow said that Pennichuck Middle School made AYP this year and it has been recognized as a "spotlight" school. Helen will draft a letter for the Chairman to sign regarding this.

Agenda Item V. Special Presentations

A. One Presentation - Sarah Crawford of b-fresh consulting, LLC in Manchester, NH; Matthew Bartlett, and Adrienne Sullivan, both employees of ONE in Washington, DC, spoke to the issue. The ONE Campaign is a nonpartisan, grassroots advocacy organization dedicated to making poverty history, specifically in Africa. This is a growing movement of more than two million advocates, worldwide, and over ten-thousand right here in New Hampshire. New Hampshire has a history of helping its neighbors. In 1944, "The Greatest Generation" chose Bretton Woods, NH, to hold the United Nations Conference to create a new international monetary system known as the IMF. Today, New Hampshire can be the place where a new generation commits to, once again, restoring opportunity to our global neighbors. ONE proposes a partnership with New Hampshire schools to offer real world learning tools for teachers to create a cross-curriculum educational experience for their students in the areas of geography, science, math, reading, writing, etc. This concept of a pilot program is in the earliest stage and will be explored with the support of the New Hampshire State Board of Education and those school communities interested in participating.

Chairman Lyons passed the gavel to the Vice Chairman William Walker.

Motion: John Lyons made the motion, seconded by Helen Honorow, that the State Board of Education support a partnership with New Hampshire schools and ONE of the development of a pilot program to offer real world learning tools for teachers to create a cross-curriculum educational experience for their students in some subject areas.

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

The gavel was returned to Chairman Lyons.

B. ALEKS Math Program - Suzanne Rickard, Education Consultant for IAK Educational Solutions, spoke to the issue. Mr. Bramante suggested that this group present the ALEKS program to the Board after having reviewed it at the recent ASCD Conference. ALEKS is a research-based program that provides precise mathematics assessment and learning correlated to New Hampshire state standards. Through an artificial intelligence engine and adaptive questioning, ALEKS assesses a student's knowledge and delivers individualized instruction on the exact topics a student is most ready to learn. ALEKS targets gaps in student skills and enables immediate success in learning new material. Roberta Tenney said that Massachusetts is currently using this program. Chairman Lyons said that this group should get in touch with the New Hampshire School Administrators Association.

C. Delay in Full Compliance - Ed Murdough reported that the following schools are requesting a Delay in Full Compliance.

1. SAU #28 - Pelham High School - Superintendent Frank Bass, Board Chair Eleanor Burton, Business Administrator Kathleen Sargent, Principal Dorothy Mohr, and Fire Chief James Midgley, were present and spoke to the issue. Pelham High School has been conditionally approved for the past three years due to a number of fire safety and other facility shortcomings. The district had earlier reported that they exceed maximum class sizes. As of today, they report that all classes are below the maximum number of pupils established by Ed 306.17, but science labs are physically too small for the 24 students assigned to those classes. Since 2002, the Pelham School District has continued to debate the renovation or replacement of the high school building, which is a poorly built 1970s open concept school; no decisions have been made. In 2006, the Pelham Fire Department cited a number of violations at the school. At that time the fire department imposed corrective actions including placing certain areas of the building off limits. The district requested authorization from Commissioner Tracy to exceed its budget in order to acquire portable classrooms, although sufficient funds were available. The Commissioner disapproved the request on the advice of the Attorney General because it was not appropriate or necessary. The district subsequently appealed the Commissioner's decision to the State Board who rejected the appeal and directed the Pelham School Board to do what was necessary to ensure student and staff safety. In 2007, the district installed portable classrooms to replace the lost space in the main building. Since that time, the district has corrected some of the violations cited in 2006, but several others remain uncorrected. They have continued to work with the Pelham Fire Department to gradually improve the facility. After several attempts at a vote with a roll call vote, and the votes ending in a tie vote (3 - 3), the Board took the following vote.

Motion: Tom Raffio made the motion, seconded by William Walker, that the State Board of Education vote to authorize a Delay in Full Compliance to the Pelham High School in accordance with Ed 306.30 until January 3, 2010, pending a report back by the Pelham Fire Chief as to how each issue has been addressed.

Vote: The motion was adopted by a 6-0 vote with Daphne Kenyon abstaining, and with the Chairman voting.

2. SAU #58 - Groveton Elementary School - Superintendent Carl Ladd was present and spoke to the issue. Groveton Elementary School has been conditionally approved for the past three years due to lack of sanitation training for food service staff and for fire code violations. The district has submitted documentation which indicates that all of the food service staff have received the necessary training. All of the fire code violations have been corrected except for a set of stairs that do not meet the requirements of the State Fire Code. The district has hired an architect to design the necessary renovations. The Town Fire Chief has approved the design. The district intends to place a renovation article on the warrant for the 2010 district meeting.

Motion: Stephen L'Heureux made the motion, seconded by Tom Raffio, that the State Board of Education vote to authorize a Delay in Full Compliance to the Groveton 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.

3. SAU #63 - Appleton Elementary School, Greenville Elementary School, New Ipswich Central School - Superintendent Leo Corriveau, Board Chair Chris Lund, Director of Facilities Gary Somero, Architect Kyle Barker and other Board members, were present and spoke to the issue. A decision on Delay in Full Compliance for the three schools was tabled at the April State Board meeting pending an inspection and report from the State Fire Marshal. The report has not been received as of this date. The Fire Marshal had indicated that the Department will have the report prior to the Board meeting on June 10th. A proposal from the district's architect to address the code issues in the two New Ipswich schools was received by the Department. This proposal would need approval from the Fire Marshal. The district continues to work diligently toward a temporary solution to allow the schools to operate next year in some manner. The district has also investigated the installation of enough portable classrooms to completely replace both schools.

Motion: Stephen L'Heureux made the motion, seconded by Fredrick Bramante, that the State Board of Education vote to authorize a Delay in Full Compliance to the Appleton Elementary School, New Ipswich Central School, and Greenville Elementary School in accordance with Ed 306.30 until June 30, 2010, pending a report and approved recommendations by the State Fire Marshall and received at the Department of Education by August 12, 2009.

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

4. SAU #84 - Littleton Daisy Bronson Middle School - Board Chair Milton Bratz, Rep. Brien Ward, and the Vice Chair, were present, and spoke to the issue. Daisy Bronson Middle School in Littleton was granted a Delay in Full Compliance by the Board in 2006 and every year since then. The only fire code violations reported in 2005 were the need for a waiver of a staircase and the need to stop using a room on the lower level as a classroom. The concerns in 2006 were about ventilation, lack of compliance with the ADA, and a facility that is generally not suitable for a modern middle school program. The district has made several attempts to replace the building. In 2007, they first tried to enter into a joint venture with the Profile District that was approved in Littleton but rejected by the voters of Profile. In 2008, the voters approved funding for the design of a project to replace the middle school. Options considered were building a new K-8 school or adding middle school classrooms to the high school. In 2009, the school board proposed a project to add middle school classrooms to Littleton High School. That work was combined with a larger project to expand and renovate the Career and Technical Center. The entire project was not approved by the voters at the district meeting in March 2009. In November 2008, the Littleton Fire Department conducted an inspection of the Daisy Bronson Middle School and cited several violations. As noted by the Littleton Fire Chief in his letter of May 6, 2009, the district has completed corrective actions for all of the violations except for the exit doors from the gym. The district has appropriated $38,000 and hired a fire protection engineer as requested by the chief.

A project to install new egress doors will be completed this summer. The district intends to continue pursuing a construction project to replace the middle school building in 2010.

Motion: Daphne Kenyon made the motion, seconded by Stephen L'Heureux, that the State Board of Education vote to authorize a Delay in Full Compliance to the Daisy Bronson Middle School in accordance with Ed 306.30 until June 30, 2010, pending a report from the fire chief no later than August 12, 2009, on the status of replacing the fire doors between the gym and the remainder of the school and installation of a second means of egress from the gym.

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

E. Approval of Commissioner's Public and Nonpublic School Approval Designation Report for 2009 - Ed Murdough reported that Ed 306, Ed 403, and Ed 404 require all public and nonpublic schools to submit requests for approval every five years for pubic schools, every five years for nonpublic schools approved for program, and every three years for nonpublic schools approved for attendance purposes only. Approval status expires on June 30 of a particular year. The Board has already approved Delay in Full Compliance for seven schools this year. Four districts appeared at this meeting to request Delay in Full Compliance for a total of six schools. There are four remaining public schools in their third year of conditional approval with corrective actions that are expected to be completed this summer. The Department will recommend approval actions on those schools in August. Three schools have submitted documentation indicating compliance with the Minimum Standards since the report was published on June 2, 2009. In 2008, there were 105 public schools conditionally approved. In 2009, there are 77 conditionally approved public schools, 48 of which were conditionally approved last year.

Motion: Tom Raffio made the motion, seconded by William Walker, that the State Board of Education gives final approval of the Commissioner's Public and Nonpublic School Approval Designation Report for 2009 with the exception of the Cooperative Middle School in Stratham, Monadnock Regional High School in Swanzey, Croydon Village School, and Seminary Hill School in Lebanon and including the supplemental list dated June 10, 2009.

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

E. State Plan for Vocational Rehabilitation Services and Vocational Rehabilitation State Plan Supplement for Supported Employment Services FFY 2010 - Paul Leather and Ella McAllister were present and Mr. Leather spoke to the issue. Mr. Leather said that with an approved State Plan, the State of New Hampshire will be able to receive formula grant monies to provide services to over 7,000 students and adults with disabilities. The State Board of Education is, by NH Statute, the designated state agency responsible for the State Plan for Vocational Rehabilitation. The State Plan describes the methods and programs of the Agency in developing the plan and implementing services to persons with disabilities in New Hampshire.

Motion: Helen Honorow made the motion, seconded by William Walker, that the State Board of Education approve the State Plan for the State Vocational Rehabilitation Services Program under Title I and the State Plan Supplement for the State Supported Employment Services Program under Title VI, Part B of the Rehabilitation Act for fiscal year 2010.

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

F. Dropout Update - SAU #9 North Conway - Kennett High School - Paul Leather introduced Dr. Carl Nelson, Superintendent of Schools for SAU #9, and Neal Moylan, Principal at Kennett High School. Dr. Nelson said that in 2007 an initiative was organized to examine and improve student success for the youth of the Mount Washington Valley. The initial organizational meeting and discussion was held in March 2007. A valley wide stakeholder group was identified and an invitation was posted inviting interested citizens to join the effort. The task force members worked collaboratively to identify immediate and long-term recommendations that would serve as a frame for a coordinated plan of action. Due to the fact that some actions carry with them significant budgetary implications, the task force members identified both "immediate" recommendations and "long-term" recommendations.

The immediate recommendations were those ideas that carry minimum budgetary implications or those ideas that are ready for implementation or enhancement over the coming fiscal year. The long-term recommendations were those ideas that would take additional planning as well as support from the joint boards if the ideas were to be fully implemented. The dropout rate is now 2.3% for this area.

F. Hearing - Student/Merrimack Valley School Board - SB-FYI-09-01-007 - The parent, grandmother, Marla Matthews, Attorney for Merrimack Valley School Board, and Christine Barry, Assistant Superintendent, were present. Chairman Lyons asked the parent if she would like this hearing in public or nonpublic session. The parent elected to hold the hearing in nonpublic session.

Motion: Stephen L'Heureux made the motion, seconded by William Walker, to go into nonpublic session pursuant to RSA 91-A:3.

Vote: This was done by a roll call vote: Tom Raffio - Yes; Stephen L'Heureux - Yes; William Walker - Yes; John Lyons - Yes; Fredrick Bramante - Yes; Helen Honorow - Yes.

Several motions were made during nonpublic session but since Daphne Kenyon had left the meeting the votes each ended in tie votes. Board members decided to go back to the original motion.

Motion: Stephen L'Heureux made the motion, seconded by Tom Raffio, that the State Board of Education accept the Hearing Officer's Report and adopt the Hearing Officer's Recommendation.

Vote: This was done by a roll call vote: Tom Raffio - No; Stephen L'Heureux - Yes; William Walker - No; John Lyons - Yes; Fredrick Bramante - Yes; Helen Honorow - Yes.

Motion: Stephen L'Heureux made the motion, seconded by Tom Raffio, to come out of nonpublic session.

Vote: This was done by a roll call vote: Tom Raffio - Yes; Stephen L'Heureux - Yes; William Walker - Yes; John Lyons - Yes; Fredrick Bramante - Yes; Helen Honorow - Yes.

Motion: Stephen L'Heureux made the motion, seconded by Tom Raffio, that the State Board of Education accept the Hearing Officer's Report and adopt the Hearing Officer's Recommendation.

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

G. Hearing - Student/NH Department of Education - SB-FY-09-02-013 - Keith Pfeifer, Superintendent of Schools for SAU #17, the parent, and Ed Murdough, were present. Chairman Lyons asked the parent if she would like the hearing in public or nonpublic session. She 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. 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, overturned the Commissioner's decision. At its March 11, 2009 meeting, the Board voted to 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. As part of that determination, the Board wanted the Hearing Officer to meet at the site with the parents, Ed Murdough, and a representative from the Superintendent's Office at a time when the bus is transporting children. In the meantime, the Superintendent agreed that the school bus would drop the child off at her place of residence in the afternoon for the remainder of the school year. The Hearing Officer reports that due to scheduling difficulties, the parties were not able to meet at the site. He also reports that Ed Murdough was able to make two site visits on his own. Mr. Murdough's reports indicate the traffic at those times and it is the traffic combined with the lack of a walkway to the bus stop that the Hearing Officer views as the unsafe conditions. The reports note that the student would encounter twelve vehicles on her way to the bus stop in the morning and sixteen vehicles during her walk from the bus stop in the afternoon. In response to Mr. Murdough's reports, the Commissioner on May 12, 2009 sent a letter to the Hearing Officer and the parties noting that based on the reports he now considers the stop to be unsafe. The Hearing Officer states that in balancing the risks against the costs of reducing the risk, there seems to be a fairly high level of traffic that the student will encounter on a daily basis which is made worse in the winter when the snow banks encroach on the road and when the traffic is speeding. As a result, the Hearing Officer states there is a risk that the student will be harmed by the traffic on the way to or from the bus stop. Given the low cost to eliminate the risk and high benefit of doing so, the Hearing Officer recommends that the bus stop at the student's house. Superintendent Pfeifer spoke to the issue.

Motion: Tom Raffio made the motion, seconded by William Walker, that the State Board of Education accept the Hearing Officer's Report and adopt the Hearing Officer's Recommendation

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

H. Approval of Professional Preparation Programs - Judith Fillion reported on the following items. The State Board of Education is, by statute, responsible for the certification of educational personnel. The primary means of gaining certification is through the completion of a program approved by the Board. These institutions of higher education have approved programs in New Hampshire. The Council for Teacher Education requests that the Board grant the approvals indicated below.

Fredrick Bramante is concerned that there is no language in the teacher preparation program that explained how these programs were going to train students to be teachers willing and able to embrace and support extended learning opportunities to develop personalized learning strategies for each student, to facilitate student learning both in and outside of traditional classrooms, to harness community resources and other aspects of school redesign as stated in the Minimum Standards for Public School Approval and as articulated in the New Hampshire Vision for High School Redesign.

1. University of New Hampshire

a. Dance Professional Education Program - At its February 12, 2009 meeting of the Council for Teacher Education, representatives from the University of New Hampshire presented a request to review and approve a new proposal for a certification program in Dance Education at the University of New Hampshire. The effort was initiated by faculty in the Department of Theatre. Completion of this major and a Master's degree in Education within the five-year Teacher Education Program will ensure that candidates are eligible for New Hampshire licensure in the new area of Dance Education. A site visit was conducted by a review committee in April 2009, to review the Dance Education program. The Council for Teacher Education recommends that the University of New Hampshire receive a two-year provisional approval for the Dance professional educator preparation program through August 31, 2011.

Motion: Tom Raffio made the motion, seconded by Stephen L'Heureux, that the State Board of Education grant the University of New Hampshire a two-year provisional approval for the Dance Professional Educator preparation program through August 31, 2011.

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

2. Comprehensive Agricultural Education and Career and Technical Agriculture Specialty Areas - At the April 13, 2006 meeting of the Council for Teacher Education, representatives of the University of New Hampshire requested a two-year extension of the approval period for the vocational specialties in order to use the time to revise and reconfigure the programs to meet new standards for Career and Technology Specialties. At its August 2, 2006 meeting, based on recommendations from the Department and the CTE, the State Board voted to extend approval of the University's Career and Technical Education program until August 31, 2008. At the October 11, 2007 Council meeting, the Council considered a request from the University for an extension of approval of the Career and Technical Education program. The University requested an extension because courses related to Career and Technical Education will be shifted to the College of Life Sciences and Agriculture from the College of Liberal Arts. The University has requested more time for faculty in the College of Life Sciences to learn about the standards and process for program approval. On October 11, 2007, the Council recommended extending the approval period until August 31, 2009. A site visit was conducted by a review committee in April 2009 to review the Comprehensive Agricultural Education program. The Council for Teacher Education recommends that the University of New Hampshire receive a two-year full approval for the Comprehensive Agricultural Education and Career and Technical Agriculture Specialty Areas to include Animal, Plant, Natural Resources and Agricultural Mechanics through August 31, 2011.

Helen Honorow had to leave at 2:15 p.m.

Motion: Tom Raffio made the motion, seconded by William Walker, that the State Board of Education grant the University of New Hampshire a two-year full approval for the Comprehensive Agricultural Education and Career and Technical Agriculture Specialty Areas to include Animal, Plant, Natural Resources and Agricultural Mechanics through August 31, 2011.

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

2. Upper Valley Educators Institute - On September 28, 2006, the Upper Valley Teacher Institute was sent the guidance for developing a proposal for a new program for School Principals. On January 3, 2007, further guidance was sent to UVTI. Technical assistance was provided to UVTI on April 17, 2007. On May 14 and 15, 2007, a review committee reviewed the program for School Principals. Further information was requested from UVTI by the review committee on June 6, 2007. On July 17, 2007, a follow-up site visit was conducted by the review committee. On July 26, 2007, the Council recommended a Provisional Approval for one year. A site visit was conducted by a review committee on April 30, 2008, and the Council recommended a two-year conditional approval to the School Principal professional educator preparation program until August 31, 2010, with a progress report due by April 2, 2009, which includes logs of school principal candidates, contact hours and experiences within the residency and a clearly articulated process to ensure training, support, and evaluation of mentors. The State Board of Education revised and approved the motion for conditional approval through June 30, 2009. On July 30, 2008, the Upper Valley Teacher Institute changed its name to the Upper Valley Educators Institute, UVEI. UVEI submitted a progress report on April 2, 2009. The report was reviewed and presented to the Council. The Council recommends a one-year conditional approval to the School Principal professional educator preparation program through August 31, 2010.

Motion: Fredrick Bramante made the motion, seconded by Tom Raffio, that the State Board of Education grant the Upper Valley Educators Institute a one-year conditional approval to the School Principal professional educator preparation program until August 31, 2010.

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

3. Rivier College - On March 17-20, 2002, a visit for an assessment for re-approval of professional educator preparation programs at Rivier College was conducted. Full approval of all programs until August 30, 2007 was granted. The State Board of Education extended full program approvals from 2007 to 2008 for Rivier College on December 14, 2005. On August 8, 2007, the State Board approved a request for an extension for all programs from August 31, 2008, to August 31, 2009. A site visit was conducted by a review committee in March 2009 to review all programs. The Council for Teacher Education recommends a five-year approval through August 31, 2014, for all current professional educator preparation programs and a two-year provisional approval through August 31, 2011, for two newly proposed professional educator preparation programs.

Motion: Tom Raffio made the motion, seconded by Stephen L'Heureux, that the State Board of Education grant Rivier College a five-year full approval for the following professional educator preparation programs through August 31, 2014: Biology Education Ed 612.25, Early Childhood Education Ed 612.03, Elementary Education (K-8) Ed 612.04, Emotional Disabilities Ed 612.10, English Education (5-12) Ed 612.05, Learning Disabilities Ed 612.11, Mathematics Education (7-12) Ed 612.18, Reading and Writing Specialist Ed 614.02, School Guidance Counselor Ed 614.03, School Principal Ed 614.04, School Psychologist Ed 614.06, School Superintendent Ed 614.05,. Social Studies Education Ed 612.28, Spanish Education Ed 612.14, Special Education Administrator Ed 506.07, Special Education Programs Ed 612.07, Specialist in the Assessment of Intellectual Functioning (SAIF) Ed 614.08; and grant a two-year provisional approval for the Mathematics for Grades 5-8 Ed 612.17 and Educator in Social Studies for Grades 5-8 Ed 612.29 professional educator preparation programs through August 31, 2011.

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

4. Colby Sawyer College - On October 17, 2001, the State Board voted to grant full approval to Colby Sawyer College's art, biology, English, early childhood, and social studies professional educator preparation programs until August 31, 2006. At its August 2, 2006 meeting, based on recommendations from the Department and the Council for Teacher Education, the State Board voted to extend approval of Colby Sawyer College's programs until August 31, 2008. Due to the on-going nature of the work of the Department to complete the revised process for program approval and due to a new academic dean, the College and the Council are requesting that approval of Colby Sawyer College's programs be extended to August 31, 2009. This would allow the new academic dean to become familiar with the re-accreditation process and give the College time to prepare for the implementation of the revised approval process. A site visit was conducted by a review committee in March 2009 to review all programs. The Council for Teacher Education recommends a two-year conditional approval for professional educator preparation programs in Visual Art, Early Childhood Education, English Education, and Social Studies Education through August 31, 2011, with a progress report due on November 30, 2009 to address unmet standards in all individual programs and in the areas of curriculum, instruction, assessment, and resources.

Motion: Fredrick Bramante made the motion, seconded by Tom Raffio, that the State Board of Education grant Colby-Sawyer College a two-year conditional approval for professional educator preparation programs in Visual Art, Early Childhood Education, English Education, and Social Studies Education thorough August 31, 2011, with a progress report due on November 30, 2009, to address unmet standards in all individual programs and in the areas of curriculum, instruction, assessment, and resources.

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

I. The Center for Real World Education's Statewide Extended Learning Opportunities - Elizabeth Foy, Executive Director of Leadership Teacher, gave a brief presentation on Leadership Teacher and the Center for Real World Education. Tom Raffio is very involved with this program. The mission of the Center for Real World Education is to build connections between the business and education communities in order to provide greater resources and relevancy in the classroom and a more prepared and informed workforce after graduation. The Center will be known for its research-based, proactive approach to using technology, creative programming, and community partnerships to support, catalyze, and improve educational outcomes, student achievement, and workforce development. There will be a pilot program for Real World Business Connections beginning in 2010 that will be aligned to curriculum standards, organized by grade level/subject area, an option to be the focus group for sponsoring business and an interactive site with an option for feedback between classroom and featured business. It was suggested by Mr. Raffio that Chairman Lyons send a letter of support to Elizabeth Foy.

Motion: Tom Raffio made the motion, seconded by Fredrick Bramante, that the State Board of Education send a letter of support to Elizabeth Foy regarding extended learning.

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

J. 2009 Adequate Yearly Progress (SYP) Appeals - Deb Wiswell spoke to this issue. In accordance with state statute, schools and districts may appeal their annual AYP determination, and should the original appeal be denied by the Commissioner, the school or district may continue their appeal to the Board.

1. SAU #21 - Winnacunnet School District and Winnacunnet High School - Principal Randy Zito and Assistant Principal Bill McGowan spoke to the issue. The Board must uphold or reverse the Commissioner's decision of May 8, 2009 to deny the AYP appeal of the Winnacunnet School District and Winnacunnet High School. The school and school district did not meet the required participation rate for students in the socioeconomically disadvantaged category and, therefore, did not make AYP in Reading and Mathematics.

Motion: Stephen L'Heureux made the motion, seconded by Tom Raffio, that the State Board of Education grant the appeal by the Winnacunnet School District and Winnacunnet High School of the 2009 Adequate Yearly Progress determinations, as the appeal provided sufficient statistical or substantive evidence that the AYP determination for student participation received April 6, 2009 was in error.

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

2. SAU #15 - Candia School District - Dr. Phil Littlefield, Superintendent of Schools, was present and spoke to the issue. The Board must uphold or reverse the Commissioner's decision of May 8, 2009 to deny the appeal of the Candia School District regarding its 2009 Adequate Yearly Progress (AYP) determination that it did not make AYP for student performance in Reading on the fall 2008 Grade 3-8 NECAP.

Motion: Stephen L'Heureux made the motion, seconded by Tom Raffio, that the State Board of Education grant the appeal by the Candia School District of its 2009 NECAP assessment, as the appeal provided sufficient statistical or substantive evidence that the AYP determination received April 6, 2009 was in error.

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

Agenda Item VI. Legislative Issues

This item was not discussed at this meeting.

Agenda Item VII. New Department Business

A. Rulemaking - Final Proposal - Ed 1120.05, Parental Refusal of Consent: Initiation of Due Process Hearing by LEA - A vote is needed for the State Board to adopt the Ed 1120.05, Parental Refusal of Consent: Initiation of Due Process Hearing by LEA. The JLCAR has approved the final proposal 2009-14 containing Ed 1120.05 in accordance with RSA 541-A:13,II(c). The State Board may now adopt the rule.

Motion: Tom Raffio made the motion, seconded by Stephen L'Heureux, that the State Board of Education adopt Ed 1120.05, Parental Refusal of Consent: Initiation of Due Process Hearing by LEA.

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 Barry reported that she had been visiting the Charter Schools in the Seacoast area. The Commissioner attended the graduations at the North Country Charter School and the Great Bay eLearning Charter School.

Deputy Commissioner Heath said that the legislature is planning to establish a Memorandum of Understanding with Virtual Learning Charter Academy School (VLACS) that establishes an agreed maximum enrollment cost. Consideration was given to placing an enrollment cap on all of the charter schools and a reduction in funding. ARRA Director and Deputy Attorney General Bud Fitch met with the committee and said that action could jeopardize the assurances signed regarding the stabilization funds coming to NH. The Deputy has been attending the Committee of Conference meeting.

Agenda Item X. Old Business

There was no Old Business at this meeting.

Agenda Item XI. Consent Agenda

A. Minutes of May 13, 2009

Motion: Tom Raffio made the motion, seconded by Stephen L'Heureux, that the State Board of Education approve the Minutes of May 13, 2009.

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

B. Ratify Vote and Issue Certificate of Dummer Withdrawal from the Berlin-Dummer Authorized Regional Enrollment Area - A vote by the Board is needed to ratify the vote of the Dummer School District meeting of March 10, 2009, which approved the plan for the withdrawal of Dummer from the AREA. At the October 24, 2008 meeting of the State Board, the Board approved the plan for withdrawal of Dummer from the Berlin-Dummer AREA submitted by the Dummer Withdrawal Planning Committee. At the annual Dummer School District meeting the voters approved the plan by a vote of 22 to 13. The clerk of the school board has submitted the evidence required by RSA 195-A:14, VII in order for the State Board to make its finding and issue its certificate of withdrawal.

Motion: Tom Raffio made the motion, seconded by Stephen L'Heureux, that the State Board of Education finds that a majority of the voters of Dummer that were present and voted on March 10, 2009 did approve the plan for withdrawal of Dummer from the AREA.

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

C. Tuition Contract between Dummer and Berlin School Districts - A vote by the Board is needed to approve the tuition contract between the Dummer School District and the Berlin School District. Dummer does not maintain a public junior high or high school. The Berlin School District maintains junior high and high schools that are approved by the Board and is willing to accept Dummer students on a tuition basis.

Motion: Tom Raffio made the motion, seconded by Stephen L'Heureux, that the State Board of Education approve the tuition contract between the Dummer School District and the Berlin School District.

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

Agenda Item XII. Other Business

Chairman Lyons said the teacher preparation programs will be scheduled for the November 20th meeting regarding Mr. Bramante's concerns.

Agenda Item XIII. Tabled Items

A. Merrimack School of Excellence Charter School

Agenda Item XIV. Nonpublic Session

The Board went into nonpublic session under Special Presentations, Item G.

Agenda Item XV. Adjournment

Motion: Fredrick Bramante made the motion, seconded by Stephen L'Heureux, that the State Board of Education adjourn the meeting at 3:10 p.m.

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

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Secretary