Minutes - October 14, 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 9:50 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, and Tom Raffio. William Walker was unable to attend.

Also in attendance was Virginia M. Barry, Commissioner of Education.

Agenda Item II. Pledge of Allegiance

Bill Grimm led the pledge of allegiance.

Agenda Item III. Public Comment

Dr. James Hofford from Washington, NH spoke of a proposed opportunity of offering his poetry DVD to every school district in New Hampshire. Dr. Hofford, a retired college professor and published poet, has created a DVD that spotlights him reading and reciting a variety of his poems in a natural New Hampshire background that brings visual settings to the text. Commissioner Barry would like to distribute these at the Commissioner's meeting with Superintendents scheduled for October 23rd.

Rep. Frank Saparato spoke on HB 560 which is relative to the use of state education funds for extended learning opportunities for certain pupils.

Rep. Nancy Stiles spoke about the Excellence in Education Conference in Washington, DC that she recently attended, and data collection in the Department.

Mary Faiella, a home school parent, spoke to SB 337, the home education statutes, and also ED 315, the home education rules that are coming before the Board later at this meeting.

Ann Marie Banfield from Cornerstone Policy Research spoke of her concerns regarding the appointment of Kevin Jennings as the Assistant Deputy Secretary of the Office of Safe and Drug-Free Schools at the U.S. Department of Education.

Agenda Item IV. Open Board Discussion

Tom Raffio suggested that Rep. Stiles concerns about data collection be on the November 20th agenda.

Fred Bramante reported he and Tom Brennan had met with Secretary Duncan in Manchester and discussed Race to the Top funding. He also reported he had been on The Exchange program with Mark Joyce and discussed competencies. He said two parents from Bedford called in and expressed their displeasure of outcome-based education.

Paul Leather said the Nellie Mae Foundation is funding a pilot program for Extended Learning Opportunities.

Daphne Kenyon discussed the Department's Web site. Tom said there should be a data base for best practices and should be easy for people to review it.

Fred Bramante mentioned the surveys that the students from the Whittemore School has been working on.

Commissioner Barry read a letter from Michael Cosgriff, Superintendent of Schools from the Lincoln Woodstock Cooperative regarding extended learning opportunities for the students in his district. Superintendent Cosgriff reported that they are so proud of this program and its success has caused other surrounding schools to call their ELO Coordinator to see how they can model their program after his.

Helen Honorow said that we have to be careful using the term "Best Practice" as there are a range of opportunities for all students. Chairman Lyons said that the process needs to benefit everyone - charter students - home-schooled students - public students.

Daphne Kenyon said that there is a broader end to this and to reducing the high school dropout rate and that extended learning opportunities are a tool but education is for every child.

Fred Bramante would like a moratorium on charter schools coming before the Board. Chairman Lyons said he has concerns that the Board should have some control over the financial plans for charter schools. Rep. Casey is in the process of putting forth a bill where the Board would look at the charter education content and financial stabilization and then come back to the Board for review. The Charter Oversight Committee met and their draft is not ready yet.

Chairman Lyons reported on the New Hampshire Education Collaborative. There are several stakeholders involved in a meaningful way. At the last meeting Rep. Rous and Sen. Kelly met with the Collaborative.

Fred Bramante has concerns about the higher education teacher training program.

Motion: Fredrick Bramante made the motion that the Board approve the teacher preparation programs for one year only to insure that their plans are in line with the 21st Century.

There was no second on this motion.

Chairman Lyons suggested that a meeting be held with some higher education people to see where we are and to get an overview from these people.

Daphne Kenyon spoke about the National Association of State Boards of Education meetings. There are several committees that would be of interest to the Board. Chairman Lyons said he would like to know what the dues for this Association is for Board members.

Agenda Item V. Special Presentations

A. Hearings

1. Teacher/Newmarket School Board - SB-FY-09-05-016 - Sarah Browning said the issue was relative to a teacher's appeal of removal by the Newmarket School Board. Barbara Loughman, Attorney for the Newmarket School Board, Mark LaRoach, Superintendent of Schools, were present. Chairman Lyons asked if the teacher was present; he was not. Chairman Lyons asked the parties if they wanted to hold the hearing in public or nonpublic session. They elected to hold the hearing in nonpublic session since the teacher was not present.

Motion: Helen Honorow made the motion, seconded by Tom Raffio, 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; Daphne Kenyon - Yes; John Lyons - Yes; Fredrick Bramante - Yes; Helen Honorow - Yes.

Motion: Tom Raffio made the motion, seconded by Daphne Kenyon, 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.

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; Daphne Kenyon - Yes; John Lyons - Yes; Fredrick Bramante - Yes; Helen Honorow - Yes.

Motion: Tom Raffio made the motion, seconded by Daphne Kenyon, 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.

2. Student/Sunapee School Board - SB-FY-09-12-006 - Chairman Lyons asked the parties if they would like this hearing held in public or nonpublic session. They elected to hold it in public session. Mr. Bramante said that he served on the "Ed"ies Board with Superintendent Brendan Minnihan. Sarah Browning said that the issue was relative to a hearing to appeal the Sunapee School Board's decision regarding student suspension. Barbara Loughman, Attorney for the School Board, Brenda Minnehan, Superintendent of Schools, and the parents, were present. Each party presented testimony on this matter.

Motion: Daphne Kenyon made the motion, seconded by Fredrick Bramante, 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 a 5-1 vote with Helen Honorow voting in the opposition, and Chairman Lyons voting.

B. Discussion with Bill Grimm - Mr. Grimm spoke to the issues of Race to the Top funding and the Baldrige Criteria for Education Performance Excellence program. He distributed copies on ARRA funds and the Baldrige program.

C. Nontraditional Routes to Certification - Karen Soule, Chairman, and Dr. Dean Cascadden, Vice Chairman, of the Professional Standards Board, met with the Board. Dr. Cascadden said that Nontraditional certifications are mostly Alternative 4 and 5. These are non-college based. It is important to clarify the process as it can be very confusing and to see how they fit in to the career ladder. Dr. Cascadden said it is important to be sure that everyone understands just what the standards mean. Ms. Soule said it is a very cumbersome process and they want to assist the SAUs to assure the candidates have rigor at the college level.

The "charge" to the Professional Standards Board was discussed briefly and Chairman Lyons signed the letter that will be given to the Professional Standards Board at its next meeting.

Daphne Kenyon left the meeting at 12:40 p.m.

D. Approval of Professional Educator Preparation Programs - Plymouth State University - Judith Fillion and Robert McLaughlin met with the Board. The Board is, by statute, responsible for the certification of education personnel. Plymouth State University is one of the 15 institutions of higher education with approved programs in New Hampshire. The Council for Teacher Education is now requesting that the Board grant approval as indicated. The Council for Teacher Education requested Plymouth State University to submit an extension request from December 31, 2009 to April 30, 2010 as a result of the number of site visits currently scheduled in early Fall 2009. The Plymouth State University site visit will not be held in November 2009 in order to coincide with the approval period of the other approved programs at the University.

Motion: Stephen L'Heureux made the motion, seconded by Tom Raffio, that the State Board of Education grant a four-month extension to Plymouth State University to the following professional educator preparation programs from April 30, 2010, to August 31, 2010: Ed 612.14, Modern Languages (French and Spanish), and Ed 612.24, Physical Science (7-12).

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

E. Hampton Plan for Withdrawal from SAU 21 - Sarah Browning reported that on September 25, 2009, the Hampton Withdrawal Committee submitted a Plan to Withdraw from SAU #21 as of July 1, 2011. RSA 194-C:2, IV(b)(4) requires any planning committee recommending withdrawal to submit a plan for withdrawal to the State Board of Education. A vote to approve the plan sends the plan back to the district where the voters in Hampton will vote on its approval. James Gaylord, Superintendent of Schools, Kathleen Terry, Chairperson of the Withdrawal Study Committee, and other members, were present.

Motion: Stephen L'Heureux made the motion, seconded by Tom Raffio, that the State Board of Education vote to accept the Hampton plan for withdrawal from SAU #21 because it meets the statutory requirements for a withdrawal plan; and, further move that the plan be sent back to the voters in Hampton with the State Board's recommendation that the plan be adopted.

Vote: The motion was adopted by a 5-1 vote with Fredrick Bramante voting in the opposition and Chairman Lyons voting.

Tom Raffio left the meeting at 1:00 p.m.

Agenda Item VI. Legislative Issues

Sarah Browning said she is sending out weekly updates on legislative issues to all Board members. Senator Kelly is considering a bill requested by the Department to define and standardize the requirements for alternative schools, so that they are distinguishable from alternative programs that are operated by approved public schools.

Agenda Item VII. New Department Business

A. Rulemaking - Sarah Browning reported on the following rules.

1. Initial Proposals

a. Ed 315, Home Education - The Department, in cooperation with the Home Education Advisory Council, has recommended language changes to the rules as a result of changes in the law (RSA 193-A) due to the enactment of Chapter 13 of the Laws of 2006 and Chapter 344 of the Laws of 2008. The Department will begin the rulemaking process by filing the initial proposal with the staff of the JLCAR for publication in the rules register. The Board should then be prepared to hold a public hearing on the proposed rules at a specific date, time and place. Notice of such hearing will be provided to interested parties through the Rulemaking Notice form and on the Department's Web site.

Motion: Helen Honorow made the motion, seconded by Stephen L'Heureux, that the State Board of Education enter the rulemaking process for Ed 315, Home Education. A public hearing is scheduled for the State Board meeting on December 9, 2009 at 11:00 a.m.

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

b. Ed 403, Approval of Nonpublic Schools for Attendance Purposes and Ed 404, Nonpublic Schools Approval of Nonpublic Schools for Program Purposes - The changes to Ed 403 come from Data management and greatly simplify the information that they require. The changes to Ed 404 and Ed 405 were developed by the Nonpublic School Advisory Council. They reflect a significant change in the way we identify accrediting agencies for program approval. The Department will begin the rulemaking process by filing the initial proposal with the staff of the JLCAR for publication in the rules register. The Board should then be prepared to hold a public hearing on the proposed rules at a specific date, time and place. Notice of such hearing will be provided to interested parties through the Rulemaking Notice form and on the Department's Web site.

Motion: Stephen L'Heureux made the motion, seconded by Fredrick Bramante, that the State Board of Education enter the rulemaking process for Ed 403, Approval Of Nonpublic Schools For Attendance Purposes and Ed 404 Nonpublic Schools Approval Of Nonpublic Schools For Program Purposes. A public hearing is scheduled for the State Board meeting on December 9, 2009 at 12:00 p.m.

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

c. Ed 507 and Ed 612, Math for Middle and High School The Professional Standards Board had recommended updating the rules to reflect current practice in the teaching of Mathematics. The Department will begin the rulemaking process by filing the initial proposal with the staff of the JLCAR for publication in the rules register. The Board should then be prepared to hold a public hearing on the proposed rules at a specific date, time and place. Notice of such hearing will be provided to interested parties through the Rulemaking Notice form and on the Department's Web site.

Motion: Helen Honorow made the motion, seconded by Stephen L'Heureux, that the State Board of Education enter the rulemaking process for Ed 507.25, Educator in Mathematics For Grades 5-8, Ed 507.26, Educator in Secondary Mathematics For Grades 7-12; Ed 612.17, Mathematics for Grades 5-8 and Ed 612.18, Secondary Mathematics For Grades 7-12. A public hearing is scheduled for the State Board meeting on December 9, 2009 at 11:30 a.m.

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

d. Ed 1100, Standards for the Education of Students with Disabilities - The Department has recommended language changes to the rules as a result of changes in the RSA 186-C due to the enactment of Chapter 302 (HB 766) of the Laws of 2008, changes in the federal regulations and other technical corrections needed. The Department will begin the rulemaking process by filing the initial proposal with the staff of the JLCAR for publication in the rules register. The Board should then be prepared to hold a public hearing on the proposed rules at a specific date, time and place. Notice of such hearing will be provided to interested parties through the Rulemaking Notice form and on the Department's Web site.

Motion: Stephen L'Heureux made the motion, seconded by Helen Honorow, that the State Board of Education enter the rulemaking process for Ed 1100, Standards For The Education Of Students With Disabilities. A public hearing is scheduled for the State Board meeting on December 9, 2009 at 12:30 p.m.

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

2. Final Proposal - Ed 700, Adult High School and Education Programs - The JLCAR has reviewed the final proposal at its meeting on September 17, 2009 and voted to approve the rule. The State Board may now adopt these rules.

Motion: Stephen L'Heureux made the motion, seconded by Helen Honorow, that the State Board of Education approves the text of the Final Proposal for Ed 700, Adult High School and Education Programs.

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

3. Adopted Rule - Ed 507 and Ed 612, Science for Middle and High School - This action follows a public hearing held by the State Board of Education on August 12, 2009 and is necessary to meet the requirements of RSA 541-A. The Final Proposal includes changes to the initial proposal as a result of comments from the public hearing and by the staff attorneys who reviewed the rule for the JLCAR. The Final Proposal will be submitted to the JLCAR for its review. After approval by the JLCAR, the State Board may then adopt the final rule at its next regularly scheduled meeting.

Motion: Fredrick Bramante made the motion, seconded by Stephen L'Heureux, that the State Board of Education adopt Ed 507.28, Middle Level Science Teachers For Grades 5-9, Ed 507.29, Science Teachers; General Requirements, Ed 597.30, 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 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.

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

B. Update on SB 180 - Deb Wiswell said that a Task Force to Develop A Performance-Based School Accountability System (SB 180) has been set up. SB 180 establishes an accountability system to ensure the opportunity for an adequate education and repealing the legislative committee on costing an adequate education.

C. Update on Science Results - Deb Wiswell said that the New Hampshire Frameworks for Science Literacy K-12 was approved by the Board on June 14, 2006. NECAP Science assessments are given at the end of grades 4, 8, and 11. The science test, administered in May 2009, measured what students know and are able to do in the areas of Earth and Space Science, Physical Science, Life Science, and Inquiry. NECAP is a collaborative partnership involving three states, New Hampshire, Vermont, and Rhode Island. This partnership was established in response to the federal No Child Left Behind Act, which requires that states annually measure the achievement of all students in grades 3-8, and in one grade in high school.

D. NH Youth Risk Behavior Survey Results 2009 - Mary Bubnis reported that the Department is requesting that the State Board authorize the release of the results of the New Hampshire Youth Risk Behavior Survey. The Department has maintained a cooperative agreement with the Centers for Disease Control and Prevention, Division of Adolescent and School Heath. The survey is conducted biennially as part of the agreement, and to assess the health risk behavior of high school students. The survey results and reports will be used by school districts, Department of Health and Human Services, communities, and researchers to assess the health risk behavior of students and to plan appropriate health education interventions.

Motion: Fredrick Bramante made the motion, seconded by Helen Honorow, that the State Board of Education direct the Commissioner and Division Director to review, concur, release and distribute the Youth Risk Behavior Survey Results in 2009 and in subsequent implementations to superintendents and principals, to the New Hampshire Department of Health and Human Services, and others, to post the results reports on the Department HIV/Health Web site, and make hard copies available as needed.

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 has been visiting school districts around the state which have included extended learning opportunities, charter schools, foreign language programs, and science labs. She has visited the Exeter schools and Exeter Charter Schools; Laconia School District including the high school, culinary program, vocational program, plumbing program and the JAG program; all schools in the Mascenic School District; Inter-Lakes fourth and fifth grade programs; Winnacunnet High School which includes the agricultural program, the middle and high schools; the Litchfield Elementary School, and the North Country Charter Academy. The Commissioner will be visiting the Surry School District and the Milton School District next week. She has found there is a lot of parent involvement in the schools.

She has been meeting with Department staff and stakeholders on the Race to the Top funding. The Department has yet to receive the application but they are getting everything ready for when the Department receives the application. Judy Fillion reported on competitive grants the Department is involved in that is limited to school districts and said that colleges are working with the Department. There is a lot of competition for these grants. Kathleen Murphy reported that the Division of Instruction has been involved in training principals and superintendents dealing with student achievement and school improvement. The school improvement grant is $8.5 million but the Department has not yet received the grant. The Department is trying to meet the needs of the school districts. Judy Fillion said that the Department of Health and Human Services and higher education were working together on a longitudinal grant to have a data warehouse for all to use.

Chairman Lyons said that Ed Murdough had submitted an Update on School Approval Issues from Previous Meetings. The report spoke to Manchester's progress toward hiring three guidance counselors to meet the required counselor to student ratio; the progress of the two elementary schools in New Ipswich and the Greenville Elementary School in the Mascenic School District; a report on Pelham High School regarding the progress in correcting deficiencies; options that the Lebanon School Board is currently considering; and the Profile School held a ribbon cutting for its new facility.

Agenda Item X. Old Business

There was no Old Business at this meeting.

Agenda Item XI. Consent Agenda

A. Minutes of August 12, 2009

B. Minutes of Retreat September 17, 2009

Motion: Helen Honorow made the motion, seconded by Stephen L'Heuruex, that the State Board of Education approve the Minutes of August 12, 2009 and the Minutes of Retreat September 17, 2009.

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

C. Re-appointment for Home Education Advisory Council - Dr. Keith Pfeifer - Dr. Pfeifer is the Superintendent of Schools for SAU #75 Grantham and represents the New Hampshire Association of School Principals. He will serve a three-year term expiring June 30, 2012.

Motion: Fredrick Bramante made the motion, seconded by Helen Honorow, that the State Board of Education accept the re-nomination of Dr. Keith Pfeifer to the 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. Appointment to Nonpublic School Advisory Council - Stephen R. Poirot - Mr. Poirot represents New Hampshire's nonpublic schools and is appointed to the Council for a term which expires June 30, 2012.

Motion: Fredrick Bramante made the motion, seconded by Stephen L'Heureux, that the State Board of Education appoint Stephen R. Poirot to the Nonpublic School Advisory Council for a term which expires June 30,. 2012.

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.

Agenda Item XV. Adjournment

Motion: Stephen L'Heureux made the motion, seconded by Helen Honorow, that the State Board of Education adjourn the meeting at 2:16 p.m.

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

_________________________________
Secretary