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Meeting Agenda
I. Call to Order
II. Pledge of Allegiance
III. Changes to Agenda
IV. Consent Agenda
IV.1. Minutes 
IV.2. Resolution - National School Counseling Week February 3 - 7, 2020
IV.3. Newly Employed, Promotions and Separations
IV.4. Review of Loan and Bond Applications
IV.5. Consideration of Report on Waivers to School Districts for Teachers Teaching Out of Area for Longer than Thirty (30) Days, Ark. Code Ann § 6-17-309
IV.6. Consideration of the Recommendation of the Professional Licensure Standards Board for Case # 19-020 Jonathan Barber
IV.7. Consideration of the Recommendation of the Professional Licensure Standards Board for Case # 19-151-Chris Milham
IV.8. Consideration of the Recommendation of the Professional Licensure Standards Board for Case # 20-001 Robert Belew
IV.9. Consideration of the Recommendation of the Professional Licensure Standards Board for Case # 20-002 Katrina Alumbaugh
IV.10. Consideration of the Recommendation of the Professional Licensure Standards Board for Case # 20-003 Brian Dutton
IV.11. Consideration of the Recommendation of the Professional Licensure Standards Board for Case # 20-007T Kelley DiPippa
IV.12. Consideration of the Recommendation of the Professional Licensure Standards Board for Case # 19-142 Phillip Lane Scoggins 
IV.13. Consideration of the Recommendation of the Professional Licensure Standards Board for Case # 19-186 Jessica Nicole Miller
IV.14. Riverside School District Waiver Annual Progress Report
IV.15. Riverview School District Waiver Annual Progress Report
IV.16. Smackover-Norphlet School District Waiver Annual Progress Report
IV.17. South Conway County School District Waiver Annual Progress Report
IV.18. Poyen School District Waiver Annual Progress Report
IV.19. Siloam Springs School District Waiver Annual Progress Report
IV.20. Sheridan School District Waiver Annual Progress Report
IV.21. National Board Professional Teaching Standards Reimbursement Approval
V. Action Agenda A. 10:00 a.m.
V.1. State Board Review of PLSB 18-091 Evidentiary Hearing Recommendation – Tammie Cloyes
V.2. Consideration of the Recommendation of the Professional Licensure Standards Board for Case # 20-016-Bobby Pennington
V.3. State Board Review of PLSB 19-090 Evidentiary Hearing Recommendation – Davissa Brimer
V.4. State Board Review of PLSB 19-009 Evidentiary Hearing Recommendation – Kira Geer
V.5. District Request for Waivers Granted to Open-Enrollment Charters
V.5.a. District Request for Waivers Granted to Open-Enrollment Charters:  Hope School District
V.5.b. District Request for Waivers Granted to Open-Enrollment Charters:  Marion School District
VI. Action Agenda B. 1 p.m. 
VI.1. Consideration for Approval:  DESE Guidelines for Ark. Code Ann. §12-12-901 et seq., "Megan's Law"
VI.2. Consideration for Final Approval:  DESE Rules Governing Distance and Digital Learning
VI.3. Consideration for Final Approval:  DESE Rules Governing Creation of School Districts by Detachment
VI.4. Consideration for Final Approval:  DESE Rules Governing Instructional Materials
VI.5. Consideration for Final Approval:  DESE Rules Governing Required Training for School Board Members
VI.6. Consideration for Final Approval:  DESE Rules Governing Grading and Course Credit
VII. New Business
VII.1. DESE Rules Governing Nutrition and Physical Activity Standards and Body Mass Index for Age Assessment Protocols in Arkansas Public Schools
VII.2. ARKANSAS DIVISION OF ELEMENTARY AND SECONDARY EDUCATION RULES
GOVERNING STANDARDS FOR ACCREDITATION OF ARKANSAS PUBLIC
SCHOOLS AND SCHOOL DISTRICTS
VIII. Public Comments
IX. Adjournment
Agenda Item Details Reload Your Meeting
Meeting: February 13, 2020 at 10:00 AM - State Board of Education
Subject:
I. Call to Order
Subject:
II. Pledge of Allegiance
Presenter:
Diane Zook
Subject:
III. Changes to Agenda
Presenter:
Diane Zook
Subject:
IV. Consent Agenda
Subject:
IV.1. Minutes 
Presenter:
Tiffany Donovan
Subject:
IV.2. Resolution - National School Counseling Week February 3 - 7, 2020
Presenter:
Suzanne Knowles/Stacy Smith
Description:
Governor Asa Hutchinson has proclaimed the week of February 3-7, 2020, as National School Counseling Week in Arkansas to focus public attention on the unique contributions of school counselors within U.S. school systems and their impact on students.  National School Counseling Week highlights the tremendous impact school counselors can have in helping students meet their college and career aspirations.
Subject:
IV.3. Newly Employed, Promotions and Separations
Presenter:
Greg Rogers and Clemetta Hood
Description:
The applicant data from this information is used to compile the Applicant Flow Chart forms for the Affirmative Action Report, which demonstrates the composition of applicants through the selecting, hiring, promoting and terminating process.  The information is needed to measure the effectiveness of the agency's recruitment, hiring and promotion efforts and is in conformity with federal government guidelines, which require the agency to compile statistical information about applicants for employment. 
Subject:
IV.4. Review of Loan and Bond Applications
Presenter:
Anita Sacrey
Description:
The members of the Arkansas State Board of Education are requested to review the following:
Commercial Bond Applications – 2 Second Lien and 5 Voted
With the recommendation to approve all applications from the Loan Committee and additional information provided by the school district in its application package and:
     Pursuant to Arkansas Code Annotated § 6-20-1205 concerning school district bonds, a school district shall not sell bonds until the issue is approved by the State Board of Education.  Therefore, the State Board of Education, in its discretion and after considering the merits of each application with the loan committee recommendation, may approve a school district bond application for the full amount of the proposed bond issue, approve the application for a lesser amount than requested, or disapprove the application.
Subject:
IV.5. Consideration of Report on Waivers to School Districts for Teachers Teaching Out of Area for Longer than Thirty (30) Days, Ark. Code Ann § 6-17-309
Presenter:
Karli Saracini
Description:
Arkansas Code Annotated §6-17-309 requires local school districts to secure a waiver when classrooms are staffed with unlicensed teachers for longer than 30 days. Requests were received from 11  school districts covering a total of  16  waivers. There were also requests for long-term substitutes from 53 school districts, educational service cooperatives, and behavioral facilities requesting a total of 90 waivers for long-term substitutes. These requests have been reviewed, were either approved or denied by Division staff, and are consistent with program guidelines. 
Subject:
IV.6. Consideration of the Recommendation of the Professional Licensure Standards Board for Case # 19-020 Jonathan Barber
Presenter:
Eric James
Description:
Violation of Standard 2.  An educator maintains competence regarding his or her professional practice, inclusive of professional and ethical behavior, skills, knowledge, dispositions, and responsibilities relating to his or her organizational position. Violation of Standard 8. An educator, while on school premises or at school sponsored activities involving students, refrains from: (a) using, possessing, and/or being under the influence of alcohol or unauthorized drugs/substances, possessing items prohibited by law; (b) possessing or using tobacco or tobacco-related products, e-cigarettes, e-liquid, or vapor products; or (c) abusing/misusing prescription medications or other authorized substances as evidenced by impairment. The Professional Licensure Standards Board Ethics Subcommittee recommends that the State Board order a Two-Year Probation; assess a $250.00 fine to be paid within ninety (90) days of the State Board Final Order; required to complete through the ArkansasIDEAS online portal ERC19048: Professional Licensure Standards Board (PLSB): The Code of Ethics Training Video (201); Title: Almost Alcoholic: Is My (or My Loved One’s) Drinking a Problem? (The Almost Effect) (250 p.); Author: Robert Doyle, MD; Joseph Nowinski, MD; ISBN 10: 161491590; ISBN -13: 978-1616491598; Title: QBQ! The Question Behind the Question: Practicing Personal Accountability at Work and in Life (160 p.); Author; John G. Miller; IBSN 10: 0399152334; ISBN 13: 978-0399152337; Title: The 85% Solution: How Personal Accountability Guarantees Success – No Nonsense, No Excuses (256 p.); Author: Linda Galindo; IBSN 13: 9780470500163; Educator will provide a written reflection explaining how training will impact educator’s interactions with students and athletes. To be completed within ninety (90) days of the State Board Final Order. (All costs paid by Educator Barber). Accepted 1/2/2020
Subject:
IV.7. Consideration of the Recommendation of the Professional Licensure Standards Board for Case # 19-151-Chris Milham
Presenter:
Eric James
Description:
Violation of Standard 1. An educator maintains a professional relationship with each student, both in and outside the classroom. Violation of Standard 2.  An educator maintains competence regarding his or her professional practice, inclusive of professional and ethical behavior, skills, knowledge, dispositions, and responsibilities relating to his or her organizational position. The Professional Licensure Standards Board Ethics Subcommittee recommends that the State Board order a Six-Month Probation; asses a $150.00 fine to be paid within ninety (90) days of the State Board Final Order; required to complete through the ArkansasIDEAS online portal ERC19048: Professional Licensure Standards Board (PLSB): The Code of Ethics Training Video (2018); Title: QBQ! The Question Behind the Question: Practicing Personal Accountability at Work in Life (160p); Author: John G. Miller; ISBN 10: 0399152334; ISBN 13: 978-0399152334; Educator will provide a written reflection on how these trainings will affect the Educator’s interactions with students in the future. To be completed within ninety (90) days of the State Board Final Order. (All costs paid by Educator Milham.)
Subject:
IV.8. Consideration of the Recommendation of the Professional Licensure Standards Board for Case # 20-001 Robert Belew
Presenter:
Eric James
Description:
Violation of Standard 1. An educator maintains a professional relationship with each student, both in and outside the classroom. Violation of Standard 2. An educator maintains competence regarding his or her professional practice, inclusive of professional and ethical behavior, skills, knowledge, dispositions, and responsibilities relating to his or her organizational position. The Professional Licensure Standards Board Ethics Subcommittee recommends that the State Board order a Permanent Revocation/Non-Issuance of License by the State Board of Education; assess a $500.00 fine. (All costs to be paid by Educator Belew.)
Subject:
IV.9. Consideration of the Recommendation of the Professional Licensure Standards Board for Case # 20-002 Katrina Alumbaugh
Presenter:
Eric James
Description:
Violation of Standard 1. An educator maintains a professional relationship with each student, both in and outside the classroom. Violation of Standard 2.  An educator maintains competence regarding his or her professional practice, inclusive of professional and ethical behavior, skills, knowledge, dispositions, and responsibilities relating to his or her organizational position. The Professional Licensure Standards Board Ethics Subcommittee recommends that the State Board order a Permanent Revocation/Non-Issuance of License by the State Board of Education; assess a $500.00 fine. (All costs to be paid by Educator Alumbaugh.)
Subject:
IV.10. Consideration of the Recommendation of the Professional Licensure Standards Board for Case # 20-003 Brian Dutton
Presenter:
Eric James
Description:
Violation of Standard 2.  An educator maintains competence regarding his or her professional practice, inclusive of professional and ethical behavior, skills, knowledge, dispositions, and responsibilities relating to his or her organizational position. Violation of Standard 3. An educator honestly fulfills reporting obligations associated with professional practices. Violation of Standard 4. An educator entrusted with public funds and property, including school sponsored activity funds, honors that trust with honest responsible stewardship. Violation of Standard 5. An educator maintains integrity regarding the acceptance of any gratuity, gift, compensation or favor that might impair or appear to influence professional decisions or actions and shall refrain from using the educator’s position for personal gain. The Professional Licensure Standards Board Ethics Subcommittee recommends that the State Board order a One-Year Suspension; assess a $400 fine to be paid within 30 days of the end of the suspension; required to complete through the ArkansasIDEAS online portal ERC ERC19048: Professional Licensure Standards Board (PLSB): The Code of Ethics Training Video (2018); Title: QBQ! The Question Behind the Question: Practicing Personal Accountability at Work in Life (160 p.); Author: John G. Miller; ISBN 10: 0399152334; ISBN 13: 978-0399152334; Title: The 85% Solution: How Personal Accountability Guarantees Success – No Nonsense, No Excuses (256 p.); Author: Linda Galindo; ISBN 13: 9780470500163; Educator will provide a written reflection on how these trainings will affect the Educator in his accountability in his position. To be completed within 30 days of the end of the suspension. (All costs paid by Educator Dutton.)
Subject:
IV.11. Consideration of the Recommendation of the Professional Licensure Standards Board for Case # 20-007T Kelley DiPippa
Presenter:
Eric James
Description:
Violation of Standard 6.  An educator keeps in confidence secure standardized test materials and results, and maintains integrity regarding test administration procedures. The Professional Licensure Standards Board Ethics Subcommittee recommends that the State Board order a Six-Month Probation; assess a $150.00 fine to be paid within ninety (90) days of the State Board Final Order; required to complete through the ArkansasIDEAS online portal ERC19048: Professional Licensure Standards Board (PLSB): The Code of Ethics Training Video (2018);  ADE Testing Security Module. Educator will provide a written reflection explaining how training will impact educator’s actions in the future. To be completed within ninety (90) days of the State Board Final Order. (All costs paid by Educator DiPippa). 
Subject:
IV.12. Consideration of the Recommendation of the Professional Licensure Standards Board for Case # 19-142 Phillip Lane Scoggins 
Presenter:
Taylor Dugan
Description:
Violation of Standard 2. An educator maintains competence regarding his or her professional practice, inclusive of skills. Knowledge, dispositions, and responsibilities relating to his or her organizational position. Violation of Standard 4. An educator entrusted with public funds and property, including school sponsored activity funds, honors that trust with honest, responsible stewardship. Two-Year Suspension; assess a $500.00 fine to be paid within ninety (90) days of the State Board Final Order; required to complete through the ArkansasIDEAS online portal ERC19048: Professional Licensure Standards Board (PLSB): The Code of Ethics Training Video (2018); Credit Hours: 1, Title: Why Can't I Stop?: Reclaiming Your Life from a Behavioral Addiction (232p); Author: Jon E. Grant, Brian L. Odlong, and Samuel R. Chamberlin; ISBN 10: 1421419661; ISBN 13: 978-1421419664, Title: The Ethical Teacher (192p); Author: Elizabeth Campbell; ISBN 10: 0335212182; ISBN 13: 978-0335212187,Title: The 85% Solution: How Personal Accountability Guarantees Success -- No Nonsense, No Excuses (256p); Author: Linda Galindo; ISBN 13: 9780470500163, Require Educator to prepare written reflections for each training:  that explains how training will impact educator’s professional practices (due within 30 days of the suspension end); and require Educator to pay all associated costs.  Educator will provide a written reflection explaining how training will impact educator’s interactions with students and athletes. To be completed within ninety (90) days of the State Board Final Order. (All costs paid by Educator Scoggins). Accepted 1/22/2020
Subject:
IV.13. Consideration of the Recommendation of the Professional Licensure Standards Board for Case # 19-186 Jessica Nicole Miller
Presenter:
Taylor Dugan
Description:
Violation of Standard 1. An educator maintains a professional relationship with each student, both in and outside the classroom. Violation of Standard 2.  An educator maintains competence regarding his or her professional practice, inclusive of professional and ethical behavior, skills, knowledge, dispositions, and responsibilities relating to his or her organizational position. The Professional Licensure Standards Board Ethics Hearing Subcommittee recommends that the State Board order a permanent revocation; asses a $500.00 fine to be paid within ninety (90) days of the State Board Final Order. 
Subject:
IV.14. Riverside School District Waiver Annual Progress Report
Presenter:
Kelly McLaughlin
Subject:
IV.15. Riverview School District Waiver Annual Progress Report
Presenter:
Kelly McLaughlin
Subject:
IV.16. Smackover-Norphlet School District Waiver Annual Progress Report
Presenter:
Kelly McLaughlin
Subject:
IV.17. South Conway County School District Waiver Annual Progress Report
Presenter:
Kelly McLaughlin
Subject:
IV.18. Poyen School District Waiver Annual Progress Report
Presenter:
Kelly McLaughlin
Subject:
IV.19. Siloam Springs School District Waiver Annual Progress Report
Presenter:
Kelly McLaughlin
Subject:
IV.20. Sheridan School District Waiver Annual Progress Report
Presenter:
Kelly McLaughlin
Subject:
IV.21. National Board Professional Teaching Standards Reimbursement Approval
Presenter:
Karli Saracini
Description:
A candidate who pays for the cost of the first certification component may apply to the Department for reimbursement of that cost and the state support of the remaining certification components if the Department receives the application within (60) days after the candidate passes the submitted component. The Advisory Committee shall review the application and make a recommendation to the State board for funding. The candidates meet the requirement for reimbursement.
Subject:
V. Action Agenda A. 10:00 a.m.
Subject:
V.1. State Board Review of PLSB 18-091 Evidentiary Hearing Recommendation – Tammie Cloyes
Presenter:
Taylor Dugan
Description:
Ms. Cloyes holds a teacher’s license issued by the State Board.  The Rules Governing the Code of Ethics for Arkansas Educators provides that the State Board may remove a PLSB recommendation from the consent agenda for further review.  Ms. Cloyes’s case was removed from the December consent agenda and placed on the January action agenda. At the January meeting the Board moved for a hearing on Ms. Cloyes case. Ms. Cloyes is represented by attorney Mr. Clayton Blackstock.
Subject:
V.2. Consideration of the Recommendation of the Professional Licensure Standards Board for Case # 20-016-Bobby Pennington
Presenter:
Taylor Dugan
Description:
Violation of Standard 2.  An educator maintains competence regarding his or her professional practice, inclusive of professional and ethical behavior, skills, knowledge, dispositions, and responsibilities relating to his or her organizational position. The Professional Licensure Standards Board Ethics Subcommittee recommends that the State Board order a 2-Year Probation; assess a $250.00 fine to be paid within ninety (90) days of the State Board of Education Final Order; required to complete through ArkansasIDEAS online portal ERC19048: Professional Licensure Standards Board (PLSB): The Code of Ethics Training Video (2018); Title: Culturally Responsive Teaching: Theory, Research, and Practice (384 p.); Author: Geneva Gay; ISBN-10: 0807758760; ISBN-13: 978-0807758762; Title: The 85% Solution: How Personal Accountability Guarantees Success -- No Nonsense, No Excuses (256p); Author: Linda Galindo; ISBN 13: 9780470500163; Title: The Power Paradox: How We Gain and Lose Influence (208 p.); Author: Dacher Keltner; ISBN 10: 0143110292; ISBN 13: 978-0143110293; Title: How to Be an Antiracist (320 p.); Author: Ibram X. Kendi; ISBN-10: 0525509283; ISBN-13: 978-0525509288; Educator will provide a written reflection indicating how each training will impact the Educator’s interactions but inside the classroom and on the playing field. To be completed within ninety (90) days of the State Boards Final Order. (All costs paid by Educator Pennington.) Accepted 12/30/2019
Subject:
V.3. State Board Review of PLSB 19-090 Evidentiary Hearing Recommendation – Davissa Brimer
Presenter:
Taylor Dugan
Description:
Ms. Brimer holds a teacher’s license issued by the State Board. The Rules Governing the Code of Ethics for Arkansas Educators provides that an Educator may object to the Ethics Hearing Subcommittee’s written findings and recommendations. The Educator’s objection triggers a full review by the State Board. The Educator motioned the Board for a continuance at the January meeting which the Board approved.  Ms. Brimer is represented by attorney Mr. Matt Benson 
Subject:
V.4. State Board Review of PLSB 19-009 Evidentiary Hearing Recommendation – Kira Geer
Presenter:
Taylor Dugan
Description:
Ms. Geer is a preservice teacher and subject to the Code of Ethics for Arkansas Educators. Educator Geer motioned the Board to continue the case from the January meeting to the February meeting for the case to be reviewed. Ms. Geer is represented by attorney Ms. Jennifer Flinn. 
Subject:
V.5. District Request for Waivers Granted to Open-Enrollment Charters
Presenter:
Kelly McLaughlin
Subject:
V.5.a. District Request for Waivers Granted to Open-Enrollment Charters:  Hope School District
Presenter:
Kelly McLaughlin
Description:
According to Arkansas Code Annotated 6-15-103, a school district can petition the State Board of Education for all or some of the waivers granted to an Open-Enrollment Public Charter School.  Representatives of the Hope School District are appearing before the Board with a petition of waivers.
Subject:
V.5.b. District Request for Waivers Granted to Open-Enrollment Charters:  Marion School District
Presenter:
Kelly McLaughlin
Description:
According to Arkansas Code Annotated 6-15-103, a school district can petition the State Board of Education for all or some of the waivers granted to an Open-Enrollment Public Charter School.  Representatives of the Marion School District are appearing before the Board with a petition of waivers.
Subject:
VI. Action Agenda B. 1 p.m. 
Subject:
VI.1. Consideration for Approval:  DESE Guidelines for Ark. Code Ann. §12-12-901 et seq., "Megan's Law"
Presenter:
Jennifer Dedman
Description:
Changes to these Guidelines were necessary to incorporate the changes of Act 187 of 2019.  DESE staff respectfully request that the State Board of Education approve these amended Guidelines.
Subject:
VI.2. Consideration for Final Approval:  DESE Rules Governing Distance and Digital Learning
Presenter:
Jennifer Dedman
Description:
These Rules have been amended to incorporate the changes of Act 709 of 2019.  A public comment hearing was held on November 18, 2019.  Public comments were received, but resulted in no substantive changes to the Rules. DESE staff respectfully request the State Board grant final approval of these Rules. 
Subject:
VI.3. Consideration for Final Approval:  DESE Rules Governing Creation of School Districts by Detachment
Presenter:
Jennifer Dedman
Description:
These Rules have been amended to incorporate the changes of Act 528 of 2019.  A public comment hearing was held on November 18, 2019.  Public comments were received, but resulted in no substantive changes to the Rules. DESE staff respectfully request that the State Board grant final approval for these Rules.
Subject:
VI.4. Consideration for Final Approval:  DESE Rules Governing Instructional Materials
Presenter:
Jennifer Dedman
Description:
These Rules were amended to incorporate the changes of Act 757 of 2019.  A public comment hearing was held on December 9, 2019.  Public comments were received, but did not result in substantive changes to the Rules.  DESE staff respectfully request the State Board grant final approval for these Rules.
Subject:
VI.5. Consideration for Final Approval:  DESE Rules Governing Required Training for School Board Members
Presenter:
Jennifer Dedman
Description:
These Rules were amended to incorporate the changes of Acts 168 and 1029 of 2019.  A public comment hearing was held on December 9, 2019.  Public comments were received, but did not result in substantive changes to the Rules.  DESE staff respectfully request that the State Board grant final approval for these Rules. 
Subject:
VI.6. Consideration for Final Approval:  DESE Rules Governing Grading and Course Credit
Presenter:
Jennifer Dedman
Description:
These Rules combine the former Rules Governing Uniform Grading Scales, Rules Governing Concurrent Credit, and Rules Governing Advanced Placement and the International Baccalaureate Incentive Program into a single Rule.  These former Rules are being simultaneously repealed.  Language has been added to incorporate the changes of Acts 745 and 1118 of 2017 and Acts 429, 456, and 632 of 2019. The Rules also contain new sections concerning flexibility in awarding high school course credit and courses for weighted credit.  A public comment hearing was held on November 18, 2019.  Public comments were received, but did not result in a substantive change to the Rules. DESE staff respectfully request that the State Board grant final approval for these Rules.
Subject:
VII. New Business
Subject:
VII.1. DESE Rules Governing Nutrition and Physical Activity Standards and Body Mass Index for Age Assessment Protocols in Arkansas Public Schools
Presenter:
Mary Claire Hyatt
Subject:
VII.2. ARKANSAS DIVISION OF ELEMENTARY AND SECONDARY EDUCATION RULES
GOVERNING STANDARDS FOR ACCREDITATION OF ARKANSAS PUBLIC
SCHOOLS AND SCHOOL DISTRICTS
Presenter:
Mary Claire Hyatt
Subject:
VIII. Public Comments
Attachments:
Subject:
IX. Adjournment

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