MINUTES OF THE
STATE BOARD OF EDUCATION
THE STATE OF
ALABAMA
11:05 A.M.,
THURSDAY, JUNE 26, 2003
MONTGOMERY,
ALABAMA
The Alabama State Board of Education met for a special called meeting of Elementary/Secondary Education matters beginning at 11:05 a.m., Thursday, June 26, 2003, in the auditorium of the Gordon Persons Building, Montgomery, Alabama. The meeting was called by the State Superintendent upon written request of a majority of the Board pursuant to Ala. Code §16-3-7 (1975), as amended.
PRESIDING: DR.
ETHEL H. HALL, VICE PRESIDENT
ALABAMA STATE
BOARD OF EDUCATION
Dr.
Hall called the meeting to order. The
following members were present:
Mrs. Ella Bell
Mrs. Stephanie Bell
Mr. David Byers, Jr.
Dr. Mary Jane Caylor
Dr. Ethel H. Hall, Vice
President
Mrs. Betty Peters
Mrs. Sandra Ray
Absent: Governor Bob Riley, President
Dr. Ed Richardson, State Superintendent of Education and Secretary and Executive Officer of the Board, was present at the meeting.
Dr. Hall called the meeting to order and stated that the agenda, for which the meeting was called, was before the Board. The meeting was called specifically to consider most of the items that are related to the No Child Left Behind legislation and one other item that the Board must consider a recommendation from Dr. Richardson in regard to intervention. Dr. Hall stated that the Board was here to consider the items that are on the agenda and proposed that the Board consider the items. Dr. Hall asked if there were any objections or considerations from the Board members regarding the agenda items. There were none.
Dr. Hall asked Dr. Richardson for comments. Dr. Richardson stated that, since this is a
called meeting, there are three distinct items as they pertain to No Child
Left Behind. Those deal with
parental notification letter, the highly qualified requirement, and the
academic accountability plan. The
fourth item added acknowledged the Jefferson County School System had met its
requirements for intervention. A
release from intervention was recommended.
Dr. Richardson discussed Agenda Item D.1.a. – Consider Whether or Not to Approve the Parental Notification (Letter) Requirement of the No Child Left Behind Act of 2001 (NCLB). Dr. Richardson stated that he and staff members have had discussions with congressional representatives and the U. S. Department of Education. The Department is not in a position, at this point, to offer any options that would move the discussion along. Dr. Richardson communicated with the U. S. Department of Education indicating that the Department was not prepared to send out the letter and that the Board has been fairly clear on that. Dr. Richardson asked that the resolution be approved that would allow the Department to say two things – one, that no such letter would go out until the Board approves it. Dr. Richardson stated that he would like to come back later and if there is more information, then see if a letter could be fashioned that would meet the requirements and if there were a more broader highly qualified definition that would help in that regard in terms of reducing the number of teachers that would have to be subjected to such a letter.
Dr. Richardson asked that a specific date not be in the resolution. By adding a specific date, it almost draws a line stating that the Department is not going to do it by this date or year. The resolution states that the letter will not go out until the Board approves it.
Dr. Richardson stated that he would like to continue to work the U. S. Department of Education during the summer and then come back to the Board with whatever recommendations and then the Board could make a decision at that time.
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Dr. Hall stated that Parliamentary procedures indicate that before a discussion can be held, a motion needs to be made. On motion by Mrs. Ella Bell and seconded by Mr. Byers, Dr. Hall opened the floor for discussion. The motion made was for the resolution be brought before the Board for consideration.
Mrs. Peters stated that she objected to sending out the letter this fall and wanted an assurance that a letter would not be sent out during this upcoming school year.
Dr. Caylor offered an amendment to the resolution. Dr. Caylor’s amendment was adding another “Whereas” to the resolution to read: WHEREAS, the Board determines that sending a letter to parents that their child’s teacher does not meet the highly qualified requirements of the federal legislation would be unfair and untimely. Dr. Caylor’s motion to amend the resolution was seconded by Mrs. Ella Bell.
Mrs. Stephanie Bell stated that she did not want a letter to go out this year. She wanted to make it perfectly clear that teachers do not have this cloud hanging over their head this year. She offered a friendly amendment to the amendment to add 2003-04 to the last line of the resolution.
Dr. Hall stated that the amendment to be voted on included or indicated that the letter was not going out this school year. Dr. Richardson read a portion of the resolution: “NOW, THEREFORE, BE IT RESOLVED, That the Alabama State Board of Education does hereby declare that no parental notification shall take place on this issue in this state until approval is granted by this Board.” The resolution further directs the superintendent and staff to work with the U. S. Secretary of Education and staff and the Alabama Congressional Delegation to find a solution to this unique situation that will eliminate the need for parental notification in Alabama in the upcoming school year.
Mr. Byers stated that, as he heard Dr. Caylor’s amendment, it expressed the thought of the Board that what the federal government is requiring the Board to do in the legislation is unfair and is untimely because there has not been enough time to meet the standard, both of which he agrees with and would have been in favor of the amendment as it was so stated. He stated that he would have to vote against the amendment with the friendly amendment attached to it. The reason for doing this is that he does not agree with Dr. Caylor’s amendment, but he strongly believes that as a negotiating posture if what the Board is send Dr. Morton to Washington next week to try to negotiate this out and after the Board has already taken a position that says we will not comply this year. The U. S. Department of Education does not have any choice with 49 other states watching and 1200 pages of legislation that they have to enforce over the next several years but to take a punitive action against Alabama to show that they are serious and that they will not put up with the Board doing that. When the first pot of money is delayed or withheld, the Board will be back undoing what has been done and the Board would look foolish. That is the reason that he cannot vote for something that flies in the face of what they may allow us to do anyway.
Dr. Hall asked Mr. Byers if he agrees with the amendment indicating that this is untimely and that the letter should not be sent now. Mr. Byers stated that he agreed with the amendment as it stood, but when a friendly amendment was added to the amendment, he cannot go along with the definitive time. He completely is in favor of the way it stands as far as the Board having to expressly approve it going out. He is in favor of the intent Dr. Caylor expressed. He cannot support the amendment as it stands.
Mrs. Peters stated that she thinks the Board owes it to the teachers to resolve the matter today. She has talked with John Little in Senator Sessions’ office regarding a waiver.
Mrs. Stephanie Bell stated that she did not understand Mr. Byers’ conflict. It simply clarifies the school year.
Mrs. Ella Bell stated that she has personally wrestled with this matter. Mrs. Bell stated that the federal government in passing the No Child Left Behind and giving the states unfair timelines puts the states in a position that the federal government should correct. Mrs. Bell supports the amendment because the feds need to be reminded often that they are not here in Alabama.
Dr. Caylor asked for a clarification on Robert’s Rules. Is a friendly amendment voted on and then the amendment? Mr. Reginald Sorrells stated that both amendments would have to be voted on; the Board would have to vote to amend the amendment, vote to add the amendment to the motion, and then vote on the motion in its amended form.
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Dr. Caylor’s agreement to the friendly amendment was withdrawn and her amendment stands as stated.
Mrs. Stephanie Bell made a motion to amend the amended resolution to add to the last line - , 2003-2004. Mrs. Peters seconded the motion to amend the resolution.
Dr. Hall called for questions and called for a vote on the amendment to the amendment as made by Mrs. Stephanie Bell and seconded by Mrs. Peters to add 2003-04 to the resolution. The motion carried unanimously.
Dr. Hall called for a vote on the original amendment to the resolution as made by Dr. Caylor and seconded by Mrs. Ella Bell. Dr. Caylor’s motion was to add an additional Whereas to state: WHEREAS, the Board determines that sending a letter to parents that their child’s teacher does not meet the highly qualified requirements of the federal legislation would be unfair and untimely. The motion carried unanimously.
Dr. Hall called for a vote on the original motion as made by Mrs. Ella Bell and seconded by Mr. Byers to adopt the resolution (to include amendments). The motion carried unanimously.
ADOPTION OF A POSITION ON PARENT NOTIFICATION
REGARDING STUDENTS ASSIGNED TO TEACHERS NOT YET MEETING
THE DEFINITION OF “HIGHLY QUALIFIED” AS APPLIED TO THE
NO CHILD LEFT BEHIND ACT OF 2001 (NCLB)
WHEREAS, Alabama has made
great strides in addressing all aspects of the implementation of No Child Left
Behind Act of 2001 (NCLB), yet finds itself in a most unique situation
regarding parent notification related to not yet highly qualified teachers
instructing students in core subjects due to a federal court order restricting
subject matter teacher testing and a “high objective uniform state standard of
evaluation” (HOUSSE) that will not be operational until November 1, 2003; and
WHEREAS, the aforementioned
facts greatly limit options for Alabama teachers to become highly qualified
when compared to other states that have no court restrictions; and
WHEREAS,
Title I, Part A [Section 1111(h)(6)(B, C)] of the NCLB addresses parental
notification when students are being taught by a teacher of required core
subjects who has not yet met the full definition of a highly qualified teacher;
and
WHEREAS, if Alabama is required to send
parental notifications in the fall of 2003 prior to the provision requiring all
teachers to be highly qualified by the end of the summer of 2006 Alabama
teachers will suffer an unjust mislabeling of their teaching credentials due to
the restrictions on the options available to them in order to become highly
qualified, which is in no way a fault of theirs; and
WHEREAS,
the Board determines that sending a letter to parents that their child’s
teacher does not meet the highly qualified requirements of the federal
legislation would be unfair and untimely:
NOW, THEREFORE, BE IT RESOLVED, That the Alabama State Board of Education
does hereby declare that no parental notification shall take place on this
issue in this state until approval is granted by this Board; and
BE IT FURTHER RESOLVED, That this Board directs the State Superintendent of Education and his staff to work with the United States Secretary of Education and his staff and the Alabama Congressional Delegation to find a solution to this unique situation that will eliminate the need for parental notification in Alabama in the upcoming school year, 2003-04.
On motion by Mrs. Stephanie Bell and seconded by Mrs. Ray, the Board unanimously adopted the following:
ADOPTION OF THE ALABAMA MODEL FOR IDENTIFYING HIGHLY QUALIFIED TEACHERS IN ACCORDANCE WITH CRITERIA PROVIDED BY THE
NO CHILD LEFT BEHIND ACT OF
2001
(NCLB)
WHEREAS, members of the Alabama State Board of Education have demonstrated a long-standing commitment to improving the educational opportunities provided for Alabama’s children; and
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WHEREAS, members of the
Alabama State Board of Education acknowledge the intent of NCLB to further
improve education for all children at all grade levels and in all schools; and
WHEREAS,
members of the Alabama State Board of Education intend to ensure Alabama’s
compliance with all federal laws pertaining to education; and
WHEREAS, members of the Alabama State Board of Education have expressed their concerns about four major components of NCLB (students with disabilities, students with limited-English proficiency, teachers, and career technical education) to members of Alabama’s delegation in the United States Senate and the House of Representatives and to the U. S. Secretary of Education; and
WHEREAS, NCLB requires
Alabama to establish criteria for the identification of highly qualified
teachers and to use those criteria to report each September, by school, school
system and for the state, on the percentage of teachers who meet the NCLB-based
criteria:
NOW,
THEREFORE, BE IT RESOLVED, That the Alabama State Board of Education adopts the
version of The Alabama Model that is attached to and made part of this
resolution and confirms that this Alabama Model contains the development of a
“high objective uniform state standard of evaluation” (HOUSSE) that is to be
operational by November 1, 2003; and
BE
IT FURTHER RESOLVED, That the State Board of Education directs the State Superintendent
of Education and members of his staff to continue their efforts, in cooperation
with other appropriate entities, to obtain the option of subject-matter tests
in order to provide all options possible for Alabama teachers to obtain highly
qualified status; and
BE IT FURTHER RESOLVED, That the State Board of Education expresses its appreciation to Alabama’s highly qualified teachers, to local school system personnel who are assessing the credentials of currently employed teachers to determine whether they meet the NCLB-based criteria, to the State Department of Education staff members who are verifying that information to build the state database, to college and university personnel who have worked with teachers to identify and provide acceptable courses, and to the countless other individuals who have assisted teachers in determining how they meet the NCLB-based criteria.
On motion by Dr. Caylor and seconded by Mrs. Ray,
the Board unanimously adopted the following:
RESOLUTION REGARDING
ALABAMA’S ACCOUNTABILITY SYSTEM
WHEREAS, members of the
Alabama State Board of Education have demonstrated a long-standing commitment
to improving the educational opportunities provided for Alabama’s children; and
WHEREAS, members of the
Alabama State Board of Education acknowledge the intent of the No Child Left
Behind Act of 2001 (NCLB) to further improve education for all children at
all grade levels, in all schools, and in all local education agencies; and
WHEREAS, members of the
Alabama State Board of Education intend to ensure Alabama’s compliance with all
federal laws and regulations pertaining to education; and
WHEREAS, members of the
Alabama State Board of Education have expressed their commitment to facilitate
transition from the current dual system of state accountability and Title I
accountability to a single statewide accountability system that includes all
students, all schools, and all local education agencies; and
WHEREAS, NCLB requires
Alabama to establish a system of standards, assessments, and accountability
based on criteria specified in that law and described in its supporting
regulations and guidance, and to report annually results of assessments and
other specified information by all students in the aggregate and by specified
subgroups by school, by local education agency, and for the state:
NOW, THEREFORE, BE IT
RESOLVED, That the Alabama State Board of Education adopts the proposed version
of the Alabama Accountability System that is attached to and made part of this
resolution; and
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MINUTES OF THE
STATE BOARD OF EDUCATION, STATE OF ALABAMA
JUNE 26, 2003
BE IT FURTHER RESOLVED, That the Alabama State Board of Education directs the State Superintendent of Education and members of his staff to continue development of the required assessments and the mechanisms for implementing the accountability system; including development and implementation of components for (1) rewards and sanctions and (2) data collection, management, and reporting which currently are assigned to sub-committees of the Statewide Accountability Advisory Committee; and
BE IT FURTHER RESOLVED, That
the Alabama State Board of Education expresses its sincere appreciation to
members of the Statewide Accountability Advisory Committee, to State Department
of Education staff members, and to others who have worked to develop the
Alabama Accountability System to its current status and will continue to more
fully develop and implement the system.
On motion by Mrs. Ella Bell and seconded by Mrs. Ray, the Board unanimously adopted the following:
WHEREAS, under provisions of
Section 16-6B-4, Code of Alabama 1975, the Alabama State Board of
Education voted in February 2000 to authorize the Alabama State Department of
Education to financially intervene in the Jefferson County School System; and
WHEREAS,
financial intervention has created a sound and accurate accounting system for
the receipt and expenditure of public funds allocated to the Jefferson County
School System; and
WHEREAS,
the Jefferson County School System has met the criteria established by the
State Superintendent of Education of maintaining a balanced budget for one
fiscal year and having in reserve an operating balance equal to one month of
budgeted expenditures; and
WHEREAS,
under authority of Section 16-6B-6, Code of Alabama 1975, the State
Superintendent of Education recommends approval:
NOW, THEREFORE, BE IT
RESOLVED, That the Alabama State Board of Education and the State
Superintendent of Education do hereby commend Dr. Bobby Neighbors,
Superintendent; the board members of the Jefferson County School System; and
the administrative staff for their cooperation and diligence in creating and
maintaining fiscal
responsibility and accountability in the Jefferson County School System and
also commend the state staff for working professionally with the Jefferson
County School System; and
BE IT FURTHER RESOLVED, That
the State Superintendent of Education does hereby recommend that the Alabama
State Board of Education release the Jefferson County School System from state
financial intervention effective June 26, 2003.
Vi Parramore addressed the Board and thanked the Board, Dr. Richardson, and Department staff for their assistance in Jefferson County.
Teena Williams addressed the Board regarding the highly qualified letter. Ms. Williams thanked the Board for their hard work.
Dr. Hall asked the Board for a Point
of Personal Privilege regarding a delegation from Bessemer. Three spokespersons were allowed to address
the Board regarding intervention in Bessemer City Schools. Those addressing the Board were Earl Cochran,
Wanda Thomas, and Gloria Gentry.
There being no further business to come before the Board at this time, the special called meeting of the State Board of Education for elementary/secondary education matters adjourned at 12:05 p.m., June 26, 2003.
Vice President
Secretary
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