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					                    SOUTH DAKOTA BOARD OF EDUCATION MEETING
                                               Via Conference Call
                                      Kneip Building, Secretary Oster’s office
                                         700 Governors Drive, Pierre, SD
                                                 March 30, 2009
                                                    1:00 p.m.



Due to inclement weather, the state Board of Education held an abbreviated meeting via teleconference.

South Dakota Board of Education convened a meeting at 1:00 p.m. (CDT) on Monday, March 30, 2009 in
Secretary Oster’s Office via conference call in, Kneip Building, Pierre, South Dakota.

Board Members Present: Kelly Duncan, Don Kirkegaard, Richard Gowen, Glenna Fouberg, Patricia
Simmons, Terry Sabers, Phyllis Heineman

Board Members Absent: Marilyn Hoyt, Stacy Phelps

Department of Education Staff Present:
Tom Oster, Melody Schopp, Mark Wilson, Tami Darnall, Wade Pogany, Kim Cypher, Laura Haatvedt, Mary
Stadick Smith, Betty Leidholt, Roxie Thielen

President Duncan called the meeting to order at 1:00 p.m.

1.0 Adoption of March 30, 2009 Agenda items in the following order
    Item 1.0, 2.0, 15.0, 16.0, 17.0, 18.0, 19.0, 20.0, 24.0, 25.0, 6.0, 7.0, 8.0, 12.0, 14.0 (The rest of the items
    will be addressed at the next meeting which will be held at STI, Sioux Falls, SD on May12-13.
.Motion:       Motion by Glenna Fouberg and seconded by Patricia Simmons to adopt the agenda with the
               proposed changes.
Conclusion: The motion carried.

2.0 Approval of January 20, 2009 minutes via DDN
Motion:      Motion by Don Kirkegaard and seconded by Patricia Simmons to approve the January 20, 2009
             meeting minutes held via DDN.
Conclusion: The motion carried.

3.0 Shannon County Virtual School
Will be presented at the May meeting.

4.0 A Vision for South Dakota’s Technical Institutes
Will be presented at the May meeting.

5.0 Facility Planning Technical Institutes
Will be presented at the May meeting.

6.0 Annual Certification of Compliance
Mark Wilson, DOE, gave the following background regarding the annual certificate of compliance and adequate
debt service coverage. The Board of Education approves terms, provisions and conditions of the loan
agreement/mortgage and the amended and restated facility fee collection and deposit agreement to be in
compliance with coverage of bonds.
                                    2008 July 21-22 State Board of Education Meeting Minutes
                                                                1
Motion:     Motion by Richard Gowen and seconded by Terry Sabers to approve the annual certification of
            compliance.
Conclusion: The motion carried.

7.0 Establish Tuition Rate of Approval for Technical Institutes
Mark Wilson, DOE, shared that the Technical Institute presidents and the department have been discussing the
tuition rate increase. FY09 tuition rate was $78.00 per credit. The recommendation for FY10 would be to raise
the tuition rate to $84.00. This amount is based on inflation and increased expenses.

Motion:     Motion by Don Kirkegaard and seconded by Richard Gowen to approve the proposed tuition rate
            of $84.00 for FY10.
Conclusion: The motion carried.

8.0 Establish Maintenance and Repair Fee for Technical Institutes
Mark Wilson, DOE, shared that the Technical Institutes currently collect a $1.00 dollar per credit hour
maintenance and repair fee. The Technical Institutes utilized this for local maintenance and repair needs.
Wilson proposed establishing a maintenance and repair fee and recommended it be a $3.00 per credit hour fee
along with the collection of tuition and facility fees. This would be a $2.00 per credit hour increase.

Motion:     Motion by Richard Gowen and seconded by Don Kirkegaard to approve the proposed state
            Maintenance and Repair fee to $ 2.00.
Conclusion: The motion carried.

9.0 2007-2008 Placement Report for Technical Institutes
Will be presented at the May meeting.

10.0 Mitchell Technical Institute Recipient of Grant
Will be presented at the May meeting.

11.0 Lake Area Technical Institute Diesel Technology Program Update
Will be presented at the May meeting.

12.0 Western Dakota Technical Institute New Program Request, Partnership with Hot Rod Institute
Mark Wilson, DOE, shared that Western Dakota Technical Institute has a unique opportunity to partner with the
Hot Rod Institute. The next step would be to tie in with a program that Mitchell Technical Institute has at this
time.

Motion:     Motion by Terry Sabers and seconded by Patricia Simmons to approve the Western Dakota
            program request.
Conclusion: The motion carried.

13.0 Western Dakota Technical Institute Expanded Program Request, Paramedic

Will be presented at the May meeting.

14.0 Western Dakota Technical Institute Expanded Program Request, Information Technology


Motion:       Motion by Richard Gowen and seconded by Terry Sabers to approve the Western Dakota
              program request.
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Conclusion: The motion carried.


15.0 Public Hearing – 24:17:03:02 Student Record From Due Dates
Tami Darnall, DOE, shared that the effect of the changes to 24:17:03:02 would require the districts verify the
final submission of data on the second Friday in June and would eliminate the additional seven days for districts
that are greater than 5000 students for the June reporting deadline. This adjustment is to help meet the federal
deadlines for reporting AYP determinations and school improvement notifications based on the USDOE
requirement changes.

Motion:     Motion by Terry Sabers and seconded by Patricia Simmons to approve the changes presented by
            the Department of Education.
Conclusion: The motion carried.

16.0 Public Hearing – 24:15:03:05 Certification Fee Increase
Melody Schopp, DOE, explained that the changes to 24:15:03:05 will result in higher fees for teachers who
apply for initial or for renewing a teacher certificate. This is due to a statewide review of all fees that could
possibly increase general fund revenues.

Motion:     Motion by Patricia Simmons and seconded by Terry Sabers to approve the changes presented by
            the Department of Education.
Conclusion: The motion carried.

17.0 Public Hearing – 24:42:12 Section 2141 of NCLB – Technical Assistance and Accountability
Melody Schopp, DOE, explained the new rules specific to 24:42:12 will require schools to submit a plan if they
do not meet their annual measurable objective specific to highly qualified teachers for three consecutive years.
This addition is a result of Federal requirements through NCLB that require the state to hold districts
accountable for striving to meet the 100% highly qualified teacher goal.

Motion:        Motion by Richard Gowen and seconded by Don Kirkegaard to approve the changes presented
               by the Department of Education.
Conclusion: The motion carried.
.
18.0 First Reading 24:10:42:26 Tuition
The South Dakota Board of Education shall determine the rate of tuition and fees charged to students at
postsecondary technical institutes annually, and the rate is effective for the fiscal year beginning July 1. The
current administrative rule did not clarify “fees” charge to students. Mark Wilson, DOE, shared that the current
administrative rule did not clarify “fees” charged to students. This change will clean up the language on this
rule. The request is to move this first reading to a public hearing at the May board meeting.

Motion:     Motion by Glenna Fouberg and seconded by Richard Gowen to move this to a public hearing at
            the May meeting.
Conclusion: The motion carried.

19.0 First Reading 24:10:42:27 Funding Formula
The postsecondary technical institutes shall receive state funding, from the amount appropriated by the
Legislature, less funds reserved in 24:10:42:27, under a formula that distributes these funds based on full-time
equivalent students. Mark Wilson, DOE, shared that the funding formula for Technical Institutes was always
based on tuition collected to determine full-time equivalent students. Also, this always made it a challenge to
determine the following year’s budgets, because of set-aside amounts changing. Wilson said that the need for

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                                                                3
this rule change is to provide clarity to establishing an FTE and an amount of per student allocation. This will
provide flexibility to Technical Institutes to provide outreach opportunities.

Motion:     Motion by Don Kirkegaard and seconded by Richard Gowen to move this to a public hearing at
            the May meeting.
Conclusion: The motion carried.

20.0 First Reading 24:10:42:27 Set Asides
The Office of Career and Technical Education shall set aside and distribute funds to postsecondary technical
institutes for the following purpose before distributing funds through the formula prescribed in 24:10:42:28:
    1.       Bonding (TBD)
    2.       Maintenance & Repair (TBD)
Mark Wilson, DOE, stated that the need is to increase the bonding payment to assure the ability to meet future
building plans. Major M&R needs will be part of the Phase I building plan. M&R future needs will be through
the establishment of an M&R sub-account and M&R student fees.

Motion:     Motion by Terry Sabers and seconded by Glenna Fouberg to move this to a public hearing at the
            May meeting.
Conclusion: The motion carried.

21.0 High School 2025 Survey Results
Will be presented at next meeting.

22.0 Board of Regents Update
Sam Gingerich, Board of Regents, shared this years version of the teacher education and accountability report.
Sam will share the hard copy with the board at the May meeting. Trends from last year continue with the
number of graduates continuing to decline. The report shows that unlike some states, South Dakota continues
to attract some of the brightest and best in their teacher education programs.

23.0 End of Course Exams Update
Kim Cypher, DOE stated that there are fewer schools participating this year. Kirkegaard wondered if the 75
schools not participating this year could be contacted to see why. Wade Pogany, DOE, said the department
would do some checking in that regard. Perhaps next year it would help to set up a two week window for
school districts rather than having two set dates.

24.0 Introduction to proposed rules amendment(s) Article 24:05:26 Suspension and Article 24:05:26:01
     Expulsion
During the 2009 legislative session, House Bill 1241 was hoghoused to include the following amendment: “An
individualized education program team decision for an initial placement or a change in placement of a student
in need of special education or special education and related services doe not constitute a suspension or an
expulsion, or a continuation of a suspension or expulsion, if the education provided to that student is in
compliance with rules established by the South Dakota Board of Education”. The bill died.

The proposed amendment was a response to recent judicial decision interpreted by some to require student due
process any time a student’s special education placement is changed. We disagree with that interpretation.
Regardless of the decision, we believe the status quo remains – a change in special education placement does
not equate to a suspension or expulsion and students are entitled to due process when a school district imposes
long-term suspension or expulsion.

However, some school administrators have concerns about how the decision will be interpreted. We will clarify
that there is not a change in the process if IEP team decision making regarding special education placement nor
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                                                               4
a change in a student’s right to due process when faced with long-term suspension or expulsion in
administrative rule. We think clarification through the rule process rather than amending an existing state
statute is the appropriate method to provide clarification of current practices and requirements.

It was determined that the First Reading for the amendment to Article 24:05:26 and Article 24:05:26:01 with
documentation would be moved to the May meeting when there would be wording change available for the
board to look at prior to the meeting.

.Motion:    Motion by Patricia Simmons and seconded by Terry Sabers to amend the agenda to reflect items
            22.0 and 23.0 back into the agenda.
Conclusion: The motion carried.

25.0Secretary’s Report

Tom Oster, DOE, gave a report which covered the upcoming budget and education bill summary how it affects
everyone. (See the documentation filed in the Secretary’s office.)

Tom requested that we not pay membership dues to NASBE due to budget cuts and the economical situation at
this time for the Department of Education. We are paid through 2009. Kelly asked that we discuss this at the
May meeting.

Pat Simmons and Terry Sabers was appointed as the two new Technical Institute Representatives from the
Board of Education.

Motion:     Motion by Glenna Fouberg and seconded by Don Kirkegaard to approve the appointment of Pat
            and Terry as Technical Institute Representatives.
Conclusion: The motion carried.

The next meeting date is May 12 – 13 at STI in Sioux Falls. The meeting time on May 12 will be 10:00 a.m. –
5:00 p.m. and 8:00 a.m. to noon on May 13.

Meeting adjourned at 2:50 p.m.

Motion:     Motion by Glenna Fouberg and seconded by Richard Gowen to adjourn.
Conclusion: The motion carried.

I, Tom Oster, Executive Officer of the South Dakota Board of Education, declare the foregoing to be a complete
and true record of the minutes of the South Dakota Board of Education held via conference call on March 30,
2009.




Tom Oster




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