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Wednesday, December 14, 2005

Public Conference Call Access Numbers are listed below.

10:00 a.m. Ad Hoc Rules Committee of the Whole

9-040, James R. Thompson Center, 100 W. Randolph, Chicago 1-866-297-6391 (listen only); Confirmation # 1 3 4 0 7 0 4 8

11:30 – 12:30 Lunch Break

12:30 p.m. Finance & Audit Committee

9-040 James R. Thompson Center, 100 W. Randolph, Chicago 1-866-297-6391 (listen only); Confirmation # 1 3 4 0 7 0 4 8

12:30 p.m. Board Operations Committee

9-031 James R. Thompson Center, 100 W. Randolph, Chicago 1-800-559-9370 (listen only); Confirmation # 1 3 4 0 7 0 6 2

2:00 – 4:00 p.m. FY07 Budget Hearing

9-040 James R. Thompson Center, 100 W. Randolph, Chicago 1-866-297-6391 (listen only); Confirmation # 1 3 4 0 7 0 4 8

* 4:00 p.m. Governmental Relations Committee

9-031 James R. Thompson Center, 100 W. Randolph, Chicago 1-800-559-9370 (listen only); Confirmation # 1 3 4 0 7 0 6 2

* 4:00 p.m. Education Policy Planning Committee

9-040 James R. Thompson Center, 100 W. Randolph, Chicago 1-866-297-6391 (listen only); Confirmation # 1 3 4 0 7 0 4 8 * The meeting will begin at the conclusion of the previous session.

Thursday, December 15, 2005

7:50 a.m. Tour El Valor Head Start Program, The El Valor Guadalupe Reyes Children & Family Center, 1951 W. 19th Street

8:45 a.m. Tour Orozko Elementary School, 1940 West 18th Street, Chicago

9:30 a.m. ISBE Plenary Session

Mexican Fine Arts Center & Museum, 1852 W. 19th Street, Chicago Public Conference Call Access Number for Thursday meeting: 1-866-297-6391 (listen only);

Confirmation # 1 3 4 0 7 0 5 9

NOTE: Chairman Ruiz will call for a break in the Board Plenary Session on Thursday at which time the Board will go into closed session over lunch.

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NOTE: Staff presentations and detailed Board discussion take place during Committee meetings prior to the State Board taking action in the plenary session.

Plenary Business Meeting

A. Roll Call/Pledge of Allegiance B. Public Participation

C. Resolutions & Recognition

1. Resolution of Recognition (pp. 4-5)

2. Jacque Bolger, Update from Teacher of the Year

D. Approval of Minutes

1 November 17, 2005

(pp. 6-15)

E. Announcements and Reports

1. Superintendent’s Announcements 2. Chairman’s Report 3. Committee Reports 4. Members’ Reports F. Superintendent’s Report * Consent Agenda

All action consideration items listed with an asterisk (*) are considered to be routine and will be enacted in one motion and vote. Any board member who wishes separate discussion on any item listed on the consent agenda may remove that item from the consent agenda, in which event, the item will be considered in its normal sequence.

Action Considerations

*1. Rules for Initial Review

a. Part 1 (Public Schools Evaluation, Recognition and Supervision) (pp. 16-29) b. Part 25 (Certification) (See separate link for Part 25 - -Initial Review) c. Part 305 (School Food Service) (pp. 39-40)

*2. Rules for Adoption

a. Part 25 (Certification) (pp. 41-55)

b. Part 60 (“Grow Your Own” Teacher Education Initiative) (pp. 56-78) c. Part 201, Repeal (Disadvantaged Students Funds Plan) (pp. 79-84) d. Part 202, Repeal (Disadvantaged Students Funds Plan) (pp. 85-99) e. Part 203 (New) (Disadvantaged Students Funds Plan) (pp. 100-107)

*3. Approval of Education of Homeless Children and Youth Policy (pp. 108-114)

*4. Recommendations from the Teacher Certification Board

a. Institutional Accreditation and Continuing Approval of Professional Education Preparation Programs 1) Elmhurst College (pp. 115-117)

b. Provisional Approval of Professional Education Preparation Programs

1) Trinity International University -Principal/General Administrative Program (pp. 118-119) 2) DePaul University - Social Science-Geography & Social Science History (p. 120)

3) Elmhurst College – Social Science-History & Social Science/Political Science (pp. 121-122) c. Determination of Accreditation of Institutions

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9. Approval of Plans of School Districts Certified in Financial Difficulty (pp. 304-305)

10. Recommendation from Governmental Relations Committee regarding Legislative Proposals(p. 306) 11. Release of Closed Session Minutes (as needed)

12. Approval of IFSOE Collective Bargaining Agreement

Information Items

1. Presentation from Commission on Government Forecasting & Accountability 2. Monthly Informational Reports

a. SBE Fiscal & Administrative Monthly Reports (pp. 307-317) G. Adjourn

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TO: Illinois State Board of Education

FROM: Chris Ward, Chairman Board Operations Committee Agenda Topic: Review Resolutions for Board Recognition

Purpose of Agenda Item

The Board Operations Committee recommends adoption of the attached resolution honoring Sharon Coleman at Corliss H.S., Chicago Public Schools.

Relationship to/Implications for the State Board’s Strategic Plan

The State Board’s Recognition Program was developed to show the Board’s support for the outstanding work of educators and school boards that are serving all children in this state.

Expected Outcome(s) of Agenda Item

Adoption of the attached resolution.

Background Information

In May, 2005, the Board initiated a Board Recognition Program to become more proactive in its efforts to recognize the exemplary achievements of students, teachers, school administrators, and local board members in Illinois. These achievements are such that they truly stand out from the ordinary. Upon review and acceptance, the State Board of Education will pass a resolution describing the particulars of the achievement.

Superintendent’s Recommendation

N/A

Next Steps

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Whereas,

SHARON

always ensures that everyone in the building is paid on time

and is very cordial and understanding when staff have payroll problems; and

Whereas,

SHARON

has made it a point to notify a person of any discrepancy in the

upcoming payroll check and many have said that she is a “dream come true” in the world of

payroll; and

Whereas,

SHARON

is not only the payroll clerk for Corlis High School, but also

coordinator of the substitute teacher process each day and consistently manages to make

sure that classes are covered with minimal problems ;and

Whereas,

SHARON

always has a pleasant demeanor and faces emergencies or

problems with an incredible attitude and stays calm and collected; and

Whereas,

SHARON

is viewed as invaluable by her peers and works hard on a daily

basis as a consistent and dependable friend and co-worker and makes each day of coming

to work a pleasure;

Therefore,

be it Resolved

by the Illinois State Board of Education that

S

HARON

C

OLEMAN

is hereby recognized on this, the 15

th

day of December, 2005, for

her diligence in ensuring that payroll is met and classrooms are staffed at Corliss High

School.

___________________________

____________________________

Jesse H. Ruiz, Chairman

Christopher J. Ward, Vice Chairman

______________________

Vinni M. Hall, Secretary

___________________________

____________________________

Andrea S. Brown, Member

Dean E. Clark, Member

___________________________

____________________________

David L. Fields, Member

Edward J. Geppert, Jr., Member

___________________________

____________________________

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was also in attendance.

Chairman Ruiz announced that the Board meeting was being audio-cast live over the Internet.

Members Present:

Mr. Jesse Ruiz, Chairman

Dr. Christopher Ward, Vice Chairman Dr. Vinni Hall, Secretary

Dr. Andrea Brown Mr. Dean Clark Dr. David Fields Mr. Edward Geppert, Jr. Ms. Brenda Holmes Ms. Joyce Karon Members Absent:

PUBLIC PARTICIPATION Janet Milkovich and Barbara Stone representing Recording for the Blind and Dyslexic (RFB&D) Learning Through Listening spoke to the Board on their special needs service, that offers an educational library of books & cd’s for the blind and dyslexic. Ms. Milkovich gave several examples of students who have benefited and progressed in their studies with the use of RFB&D books, CD’s and software. Ms. Stone stated that they have 23,000 textbooks on CD that have been recorded by a human voice and that they are now in the process of producing Spanish-speaking recordings. They asked the Boards for its support by increasing the funding for the special needs services they offer and by making teachers and districts aware of their services. They thanked the Board for the opportunity to speak with them.

Chairman Ruiz asked what components make up their funding? Ms. Stone stated that their funding comes from foundation, individual, corporate, state and city, and they also have received a small amount of funding from a CGBD grant. They will be presenting a financial request for funding to the Finance and Audit Committee on December 14th. The funding they are requesting will be designated to go directly to the schools to cover the cost of memberships, equipment and professional training for teachers.

Dr. Vinni Hall stated that she is very familiar with the RFB&D Program and that it has made a tremendous difference in not only the disabled but also those who are at-risk readers and she appreciates the service they offer.

Sarah Solotaroff, Director of the Arts Education Initiative from Chicago Community Trust was accompanied by Sean Egan, Principal of Kenzie School and Alene Valkanas, Illinois Arts Alliance Executive Director. Ms Solotaroff stated that in 2001, Chicago Community Trust launched an Arts Education Initiative, that initiative included the survey titled “Arts Education in Chicago Public Schools” she gave a copy of this survey to each Board member. The

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Patricia Scherer, President and Founder of the International Center on Deafness and the Arts and Mental Health Deafness Resources thanked the Board and Governor Blagojevich for restoring the funds to the Illinois Service Resource Center. The Illinois Service Resource Center services two hundred children and families a day and without these funds their futures would be uncertain. Ms. Scherer noted that there is a critical shortage of teachers of the deaf and there are only two institutions in Illinois that prepare teachers of the deaf and hard of hearing. There is a great demand for these teachers because of the development of the Cochlear implants (hearing device). Dr. Scherer, with the help of Dr. Mason of Development and Research at Illinois State University, and Oakton Community College have developed a partnership to help increase the numbers of individuals who are certified as teachers of the deaf and hard of hearing. Dr. Scherer stated that the partnership is university-based graduate level and in the future hopes to include undergraduate and in-service continuing education as well. Dr. Scherer read a statement on behalf of Margaret Lee, President of Oakton Community College who was unable to attend the Board meeting. Dr. Mason noted that Illinois State University is one of only two state universities that offer a deaf and hard of hearing bachelor’s certification and they are very interested and committed to working with the partnership. The partnership has been working on developing this program and, with the help of Congressman Mark Kirk, has received some funding from a federal earmark grant. The partnership is asking the Board for permanent, continued funding of discretionary funds so that deaf and hard of hearing children can receive the kind to education they need and deserve. Dr. Scherer and Dr. Mason thanked the Board for their time.

Judy Hackett, Assistant Superintendent from Indian Prairie CUSD # 204 and President-Elect of Illinois Alliance of Administrators of Special Education (IAASE) was accompanied by Tim Thomas, Superintendent of the North Suburban Special Education District and legislative chair for IAASE. Ms Hackett and Mr. Thomas, on behalf of Illinois State Flex Consortium, IAASA and their representative districts and cooperatives, strongly encourage the Board to be consistent with IDEA 2004 and permissive related to the use of Response of Intervention when identifying students having learning disabilities. They asked for the Board’s support the recommendations for the proposed regulations. They thanked the Board and several staff members for the opportunity to meet and work with them.

Dr. Vinni Hall thanked them for their presentation on positive behavioral support at yesterday’s Education Policy Planning Committee meeting.

Donna Baiocchi from ED-RED spoke on special education funding. Ms. Baiocchi stated that the majority of the funding that special education receives comes from the personnel reimbursement line and the reimbursement amount has not changed in over 20 years. ED-RED recommends increasing personnel reimbursement for certified teachers. Ms. Baiocchi stated that is very difficult

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Ms. Brenda Holmes thanked Ms. Baiocchi for her advocacy and support for Special Education and let her know that she will be missed.

Jack Wuest from A+ Alternative School Network thanked Governor Blagojevich, the Board and Superintendent Dunn for restoring funding to alternative schools. Mr. Wuest said that these funds have not only helped save children’s lives but have given them a second chance and he would like the Board to continue to support and increase funding to alternative schools. Mr. Wuest was also accompanied by several students who attended alternative schools and wanted to personally thank and tell the Board their stories Listed are the names of the students who spoke in support of alternative school funding:

Felipe Serano El Cuarto Ano

Justin DeJesus Truman Middle College

Michael Teal Antonio Pantoja High School-ASPIRA Joshua Big Bear Lake View Academy

Tiara Thompson Academy of Scholastic Achievemnet Kala Moore Community Christian Academy Atina Wheatley Bronzeville Academic Center Yoninah Yisreal Sullivan House School Tyisha Williams Olive Harvey Middle College Jason Jones Prologue Learning Center

Chairman Ruiz thanked Jack Wuest and the students for making the time to come to the board meeting today.

APPROVAL OF MINUTES

Mr. Dean Clark asked that the minutes of October 20, 2005, be corrected to read Mr. Dean Clark and not Dr. Dean Clark under the roll call/members present. Ms. Joyce Karon moved that the State Board of Education minutes be approved (as corrected) for the meeting of October 20, 2005. Dr. Chris Ward seconded the motion and it passed with a unanimous voice vote.

ANNOUNCEMENTS AND REPORTS:

Superintendent’s Announcements

Superintendent Dunn stated that it is American Education Week across the country and he wanted to make note of all the services that are provided each and everyday to our schools by paraprofessionals, professionals, noncertified staff and support staff. Superintendent Dunn noted that a tremendous amount of effort, caring and dedication is exhibited everyday and that and he would like to let them know how much they are appreciated. Dr. Dunn also noted that 10,000 school board members are in Chicago this weekend attending the IASB/IASA/IASBO Joint Annual Conference. Superintendent Dunn

acknowledged the dedication and leadership that these board members exhibit without compensation. Dr. Dunn also noted that the service and governance they provide to schools in this state is greatly appreciated.

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will be looking at appropriate use of gain/growth models. Superintendent Dunn stated that as soon as the growth model information is available it will be shared with the Board.

Superintendent Dunn commented that Dr. Chris Koch, Assistant

Superintendent for Special Education, and Senate President Emil Jones were honored guests at the Ray Graham Memorial Fund Benefit Dinner hosted by the Illinois Council for Exceptional Children (CEC) in October. Superintendent Dunn feels that this honor is an indication that CEC recognizes the leadership that Dr. Koch provides to special education and that we are all very proud of him.

Dr. Dunn reported that Ms. Gwen Pollock, State Science Advisor from the Division of Curriculum and Instruction, had demonstrated tremendous leadership effort, as Chicago hosted the National Science Teachers

Association (NSTA) Meeting this year. Dr. Dunn also stated that because of Ms. Pollock’s involvement and hard work with NSTA it gave us the opportunity to shine as a state. Superintendent Dunn commented that both he and Chairman Ruiz were able to attend the opening meeting.

Chairman’s Report Chairman Ruiz reported that he had participated in the following meetings since the last Board meeting:

October 21 Spoke at League of United Latin American Citizens Council 5218 Annual Scholarship Banquet in Aurora

October 27 Co-Chaired Principal for a Day at Chicago Public Schools November 2 Keynote speaker, Chicago Communities in Schools Annual

Meeting

Chairman Ruiz commented that he is looking forward to attending the Child Lures Prevention Program at Dawes School on November 18th and the Triple I Conference on November 18-20th.

Chairman Ruiz also commented on a meeting he attended in Houston, Texas, called the American Bar Association (ABA) Pipeline. The ABA hopes to bring more ethnic and minority diversity into the legal system by pipelining students from kindergarten to law school. The Chairman stated that this has given him the opportunity to somewhat bring his worlds together; his job within the legal system and his experience with the State Board Education.

Committee Reports Board Operations Committee of the Whole

Dr. Chris Ward reported that he and the following committee members were in attendance: Dr. David Fields, Dr Vinni Hall, Ms. Joyce Karon, and Chairman Ruiz. Other members in attendance were Dr. Andrea Brown, Mr. Dean Clark, Mr. Ed Geppert, and Ms. Brenda Holmes.

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• Discussed and prioritized emerging issues. Education Policy Planning Committee

Dr. David Fields reported that he and the following committee members were in attendance: Dr. Andrea Brown, Mr. Ed Geppert, Dr. Vinni Hall, and Ms. Joyce Karon. Dr. David Fields commented that the committee discussed the following topics. More detailed notes will be available in the next committee packet.

• The Committee approved the minutes for the October 2005 committee meeting;

• Reviewed and discussed the Charter School Annual Report, presentation given by Jo Price;

• Discussed information on Positive Behavior Intervention & Support (PBIS) that the Committee had requested. Barbara Sims from Special Education supplied information;

• Discussed the process and timeline of Part 226 (Special Education) with Chris Koch and Darren Reisberg;

• Revisions were approved on Homeless Children & Youth Policy; • Discussed and approved recommendations to Illinois Alternate

Assessment.

Finance and Audit Committee

Mr. Edward Geppert reported that he and the following committee members were in attendance: Dr. Andrea Brown, Ms. Brenda Holmes and Mr. Dean Clark. Other members in attendance were Dr. Chris Ward and Dr. Vinni Hall. Mr. Geppert reported that the committee discussed the following issues and detailed notes will follow:

• Committee received a overview of the Illinois Purchase Care Review Board given by Tim Imler;

• Deb Vespa provided a draft document of potential changes to the Illinois Program Accounting Manual;

• Update on budget hearings by Linda Mitchell;

• Update on the Illinois School Purchasing Network by Karen Helland. Mr. Geppert thanked P.E. Cross, Regional Superintendent for hosting the budget hearing in Mt. Vernon as well as Lake County Regional Superintendent Roycealee Wood and the Lake County Federation of Teachers for hosting the budget hearing in Gurnee.

Mr. Geppert also thanked the Chicago Teachers Union for the use of their facilities for today’s board meeting.

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recommendations to the Board in December;

• Committee was given a Veto Session legislative update by Nicole Wills;

• Received a summary of the draft legislative proposals as well as a breakdown of the language for their review and discussion. Members’ Reports Ms. Brenda Holmes stated that she attended a New Teacher Graduates

Assessment Symposium. Ms. Holmes shared some of the results of the 2005 Illinois Public Colleges Teacher Graduate Survey sponsored by the Illinois Association of Deans of Public Colleges and Universities, The Joyce Foundation, Board of Higher Education and the State Board of Education. Superintendent Dunn also commented that he had spoken with several of the organizations that conducted the survey and they feel that the message they are receiving about teacher preparation in Illinois is very good. (Jean Ladage will mail copies of the 2005 Illinois Public Colleges Teacher Graduate Survey to each of them.)

Ed Geppert presented a Board Recognition Award to Holyeton Grade School Faculty on October 27th. He also attended the budget hearing on October 28, 2005 in Mt. Vernon.

Ms. Joyce Karon attended a panel on No Child Left Behind where Gail Lieberman was the presenter.

Dr. David Fields spoke at the Illini Division of the Illinois Association of School Administrators in Urbana.

Dr. Chris Ward visited Joliet Township High School with Dr. Dunn. He also presented a Board Recognition Award in Will County and attended the budget hearing on November 15 in Gurnee. Dr. Ward addressed the Illinois

Association of Teacher Educators in Charleston. The group was well represented by private schools as well as universities and they were very interested in our Strategic Plan.

Dr. Vinni Hall attended the Ray Graham Memorial Fund Benefit Dinner hosted by the Illinois Council for Exceptional Children. The dinner honored Dr. Chris Koch and Senate President Emil Jones. Dr. Hall participated in Principal for a Day at Chicago Public Schools. She also invited the Board to participate in the tours at the December Board Meeting of El Valor Head Start and Orozko Elementary School.

Dr. Andrea Brown reported that she had the opportunity attend a Senate Forum on Intergenerational Services.

SUPERINTENDENT’S REPORT

Chairman Ruiz commented that all items listed with an asterisk (*) on the agenda are considered to be routine and will be enacted in one motion and vote. Any board members who wishes separate discussion on any item listed

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Rules for Initial Review

Approval of Professional Education Preparation Programs

Mr. Ed Geppert moved that the State Board of Education hereby approves the consent agenda items as presented. Dr. Vinni Hall seconded the motion and it passed with a unanimous voice vote. Dr. Andrea Brown abstained from the vote.

The following motions were approved by action taken in the consent agenda motion:

Rules for Initial Review

Part 401 (Nonpublic Special Education Facilities)

The State Board of Education hereby authorizes the solicitation of public comment on the proposed rulemaking for:

Nonpublic Special Education Facilities (23 Illinois Administrative Code 401), Including publication of the proposed amendments in the Illinois Register.

Approval of Professional Education Preparation Programs Loyola University – Secondary Science-Physics

Provisionally approve the following program, thereby authorizing the institution to conduct the program and to recommend candidates for certification by entitlement until the time of the institution’s next accreditation review.

Loyola University Chicago – Physics Program

Further, the State Board authorizes the State Superintendent to inform the institution of the State Board’s decision.

Approval of Professional Education Preparation Programs McKendree College – Learning Behavior Specialist I

& Secondary Health Education

Provisionally approve the Learning Behavior Specialist I and Secondary Health Education programs, thereby authorizing McKendree College to conduct the programs and to recommend candidates for certification by entitlement until the time of the institution’s next accreditation review.

Denial of Accreditation Lincoln Christian College

Deny recognition of Lincoln Christian College, accreditation of the affected educational unit, and approval of the Early Childhood Education teacher education program, thereby prohibiting the conduct of the proposed program [IAC Section 25.155 (l) (3)].

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Motion:

Dr. David Fields moved that the WIDA contract with the Department of Public Instruction for the State of Wisconsin be adjusted to include careful study and information regarding the use of ACCESS writing and reporting to districts for the purpose of meeting the state law requirements for writing assessment, and authorizes an increase in the maximum contract amount not to exceed

$250,000 to correspond to such adjustments. Dr. Chris Ward seconded the motion and it passed with a unanimous roll call vote.

Approval of

Adjustments in RFSP for Illinois Alternate

Assessment

Motion:

Dr. Andrea Brown moved to revise the Illinois Alternate Assessment Request for Sealed Proposals to include the development and reporting of writing in the new alternate assessment. With such revision, the contract amount will not exceed $6.4 million for the initial three-year contract period. Dr. David Fields seconded the motion and it passed with a unanimous roll call vote.

Chairman Ruiz stated that because of time restraints they would skip Item E6 at this time and review later in the meeting.

Approval of Academic Early Warning List & Academic Watch List

Dr. Connie Wise gave a brief summary on the number of schools that are on the Academic Early Warning Status List and clarification on how schools are removed.

Motion:

Ms. Joyce Karon moved that the Illinois State Board of Education adopt the lists of schools in Academic Early Warning and Watch Status and the list of districts in Academic Early Warning Status. Further, the list of schools to be removed from Academic Early Warning status is approved. Mr. Dean Clark seconded the motion and it passed with a unanimous voice vote.

Next Steps:

Chairman Ruiz stated that the Illinois State Board of Education will continue to provide technical assistance to schools and districts. Letters of congratulations will be sent to those schools being removed from status.

Information Items Chairman Ruiz announced that normally, listings under “Information Items” do not require a presentation during the Board meeting. However Superintendent Dunn has a special presentation regarding Report Card Policy Issues for the Board’s consideration.

Dr. Connie Wise, Dr. Richard Yong and Dr. Andy Metcalf from Data Analysis & Progress Reporting, gave a presentation on Illinois Student Demographics from the selected policy issues identified from an analysis of Report Card Data. (See Power Point presentation on pages 79-92 in the board packet.)

Chairman Ruiz asked Dr. Yong that if the present trend continues is it likely for Hispanics to be the largest minority group? Dr. Yong affirmed that statement. Dr. Vinni Hall commented that the data was not very good news.

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off because they don’t get those resources and the gap will get bigger. There does not appear to be any area where the student has grown in terms of achievement. The schools seem to be at a loss to provide for the students. Ms. Brenda Holmes stated that the data does not look good at all and wanted to know if the information could be broken down by county to see if we can address the problem area by area. Staff will look into that possibility. Dr. Andrea Brown commented that because we are such a diverse state, we have such a hard time getting results on our dollars.

Dr. Dave Fields stated that we need to look closely at what it is that makes the difference; is it poverty, level of leadership, etc. We need to identify what the factors are that make better schools.

Mr. Ed Geppert said that he lives in a high performing area and that he has talked with administrators who have left to go help schools that are having problems and find out they do not have the support to make the changes like they had at the high performing district.

Superintendent Dunn said that every school profile is different and that he agrees with Brenda that we need to break down the schools and data further to see if we can get more answers. We also have to rely on the local districts to help us correct this problem and meet us half way. We need to look at districts on a case by case basis.

Ms. Holmes said that we need to continue to pay attention to our lessredtape and support Jon Furr and his staff in terms of the competency review of the School Code and the rules to help remove the barriers that stand in our way. We also need to talk with our local school districts for ideas. We have a good start on trying to assist students.

Dr. David Fields said there are models out there and we have a lot of data available to us and there are plenty of schools out there doing well.

Mr. Geppert stated that he believes that as far the availability of best practices, it is pretty available. The issue is what you do in your own district about those things; you have to have the resources to make it better, parents, teachers and administrators.

Dr. Chris Ward commented that the call to action is there but the leadership needs to change with the trends.

Following the Report Card Policy Issues discussion, Chairman Ruiz announced that the Monthly Status Report on Rulemaking and the State Board of Education Fiscal and Administrate Monthly Reports are printed in the

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vote.

Closed Session Ms. Joyce Karon moved that the Board break for lunch and then enter into closed session under the exceptions set forth in the Open Meetings Act of the State of Illinois as follows:

Section c 1 for the purpose of considering the appointment,

employment, compensation, performance or dismissal of an employee; Section c 2 for the purpose of considering collective negotiating matters with Board employees or deliberations concerning salaries of employees;

Section c 11 for the purpose of considering pending or probable litigation against or affecting the Board; and

Section c 21 for the purpose of discussing minutes of meetings lawfully closed under the Open Meetings Act.

Joyce Karon further moved that the Board might invite anyone they wish to have included in this closed session.

Ed Geppert seconded the motion and it was passed with a unanimous roll call vote.

The open meeting recessed at 12:25 p.m. and the Board went into closed session at 1:30 p.m. The open meeting reconvened at 2.30 p.m.

Motion for Adjournment Dr. Chris Ward moved that the meeting be adjourned. Dr. Vinni Hall seconded the motion and it passed with unanimous voice vote. The meeting adjourned at 2:35 p.m.

Respectfully Submitted,

Dr. Vinni Hall Mr. Jesse Ruiz

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Jonathan Furr, General Counsel

Ginger Reynolds, Assistant Superintendent

Agenda Topic: Action Item: Rules for Initial Review– Part 1 (Public Schools Evaluation, Recognition and Supervision)

Materials: Recommended Rules

Staff Contacts: Dana Kinley

Purpose of Agenda Item

The purpose this agenda item is to present the proposed amendments for the Board’s initial review.

Relationship to/implications for the State Board’s Strategic Plan

This rulemaking is necessary as a result of a recent change in state law but is also relevant to Goal 1 because of its relationship to students’ literacy.

Expected Outcomes of Agenda Item

The Board will be asked to adopt a motion authorizing the solicitation of public comment on the proposed amendments to Part 1.

Background Information

This rulemaking addresses two unrelated issues.

•the advisability of revising the timeframe for the appeals process discussed in Section 1.95; and • school districts’ need for criteria by which high school courses may be considered

“writing-intensive”.

Appeals Process (Section 1.95)

Section 1.95 of the rules was just added to Part 1 as part of the updating of the accountability system to reflect the requirements of No Child Left Behind. That Section establishes the appeals process called for in Section 2-3.25m of the School Code, by which districts may seek review of their status level, recognition level, or corrective action. While promulgation of those amendments was in progress, it became clear that the uniform 30-day window of opportunity for these appeals might result in a concentration of appeals that would be difficult to manage. By giving affected districts until September 1 of the calendar year if that date falls more than 30 days after the notification, we could achieve a distribution of receipt dates that would be somewhat more workable for the agency and for the Appeals Advisory Committee. “Writing-Intensive” Courses (Section 1.440)

The changes in high school graduation requirements made by P.A. 94-676 include a statement that students entering grade 9 in the 2006-07 school year or later must complete two years of “writing-intensive” courses in order to graduate. One of these courses must be an English course, while the other may be English but may also be a course in some other subject.

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Regardless of whether the course is English language arts or another subject, it is proposed that in order to count as “writing-intensive”, the course must address both writing-related state goals (i.e., Goal 3, Write to communicate for a variety of purposes, and Goal 5, Use the

language arts to acquire, assess and communicate information). Additionally, students’ written work must be evaluated against all the standards relevant to those goals. Further, the feedback students receive from the evaluation of their work must be designed to help them improve in all the aspects of writing that correspond to expectations at the high school level. Nothing in the draft rule precludes this feedback from being provided by a teacher other than the teacher of record for the class.

The proposed amendments also require that at least one of the writing-intensive courses must be designed to specifically address the writing process and research skills.

The remainder of the changes in Section 1.440 are being made for purposes of clarification. This is a useful opportunity to revise the existing portions of this rule to separate the courses districts must offer in high school from the courses students must take and the courses and other requirements they must successfully complete in order to graduate. Section 1.445 merely needs to be revised so its cross-references to Section 1.440 will be correct and is not being amended in any substantive way.

Analysis and Implications for Policy, Budget, Legislative Action and Communications Policy Implications: Please see above.

Budget Implications: None. Legislative Action: None needed.

Communication: Please see “Next Steps” below.

Superintendent’s Recommendation

The Superintendent recommends that the State Board of Education adopt the following motion: The State Board of Education hereby authorizes the solicitation of public comment on the proposed rulemaking for:

Public Schools Evaluation, Recognition and Supervision (23 Illinois Administrative Code 1), including publication of the proposed amendments in the Illinois Register.

Next Steps

With the Board’s authorization, staff will submit the proposed amendments to the Administrative Code Division for publication in the Illinois Register to elicit public comment. Additional means such as the Superintendent’s message and the agency website will be used to inform interested parties of the opportunity to comment on the proposed rulemaking.

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TITLE 23: EDUCATION AND CULTURAL RESOURCES

SUBTITLE A: EDUCATION

CHAPTER I: STATE BOARD OF EDUCATION

SUBCHAPTER a: PUBLIC SCHOOL RECOGNITION

PART 1

PUBLIC SCHOOLS EVALUATION, RECOGNITION AND SUPERVISION

SUBPART A: RECOGNITION REQUIREMENTS

Section

1.10

Public School Accountability Framework

1.20 Operational

Requirements

1.30 State

Assessment

1.40

Adequate Yearly Progress

1.50

Calculation of Participation Rate

1.60

Subgroups of Students; Inclusion of Relevant Scores

1.70

Additional Indicators for Adequate Yearly Progress

1.75

Student Information System

1.80

Academic Early Warning and Watch Status

1.85

School and District Improvement Plans; Restructuring Plans

1.90

System of Rewards and Recognition – The Illinois Honor Roll

1.95 Appeals

Procedure

1.100

Waiver and Modification of State Board Rules and School Code Mandates

SUBPART B: SCHOOL GOVERNANCE

Section

1.210

Powers and Duties (Repealed)

1.220

Duties of Superintendent (Repealed)

1.230

Board of Education and the School Code (Repealed)

1.240

Equal

Opportunities for all Students

1.245

Waiver of School Fees

1.250

District to Comply with 23 Ill. Adm. Code 180 (Repealed)

1.260

Commemorative Holidays to be Observed by Public Schools (Repealed)

1.270

Book and Material Selection (Repealed)

1.280

Discipline

1.285

Requirements for the Use of Isolated Time Out and Physical Restraint

1.290

Absenteeism and Truancy Policies

(19)

SUBPART C: SCHOOL DISTRICT ADMINISTRATION

Section

1.310

Administrative

Responsibilities

1.320

Evaluation of Certified Staff in Contractual Continued Service

1.330

Hazardous

Materials

Training

SUBPART D: THE INSTRUCTIONAL PROGRAM

Section

1.410

Determination of the Instructional Program

1.420

Basic

Standards

1.430

Additional Criteria for Elementary Schools

1.440

Additional Criteria for High Schools

1.445

Required Course Substitute

1.450

Special

Programs

1.460

Credit Earned Through Proficiency Examinations

1.462

Uniform Annual Consumer Education Proficiency Test

1.465

Ethnic School Foreign Language Credit and Program Approval

1.470

Adult and Continuing Education

1.480

Correctional Institution Educational Programs

SUBPART E: SUPPORT SERVICES

Section

1.510

Transportation

1.515

Training of School Bus Driver Instructors

1.520

School Food Services (Repealed)

1.530

Health

Services

1.540

Pupil

Personnel

Services (Repealed)

SUBPART F: STAFF CERTIFICATION REQUIREMENTS

Section

1.610

Personnel Required to be Qualified

1.620

Accreditation of Staff (Repealed)

1.630

Noncertificated

Personnel

(20)

1.650

Transcripts

of

Credits

1.660

Records of Professional Personnel

SUBPART G: STAFF QUALIFICATIONS

Section

1.705

Minimum Requirements for Teachers (Repealed)

1.710

Requirements for Elementary Teachers

1.720

Requirements for Teachers of Middle Grades

1.730

Minimum Requirements for Secondary Teachers and Specified Subject Area

Teachers in Grades Six (6) and Above through June 30, 2004

1.735

Requirements to Take Effect from July 1, 1991, through June 30, 2004

1.736

Requirements to Take Effect from July 1, 1994, through June 30, 2004

1.737

Minimum Requirements for the Assignment of Teachers in Grades 9 through 12

Beginning July 1, 2004

1.740

Standards for Reading through June 30, 2004

1.745

Requirements for Reading Teachers and Reading Specialists at all Levels as of

July

1,

2004

1.750

Standards for Media Services through June 30, 2004

1.755

Requirements for Library Information Specialists Beginning July 1, 2004

1.760

Standards for Pupil Personnel Services

1.762

Supervision of Speech-Language Pathology Assistants

1.770

Standards for Special Education Personnel

1.780

Standards for Teachers in Bilingual Education Programs

1.781

Requirements for Bilingual Education Teachers in Grades K-12

1.782

Requirements for Teachers of English as a Second Language in Grades K-12

1.790

Substitute

Teacher

1.APPENDIX A

Professional Staff Certification

1.APPENDIX B

Certification Quick Reference Chart

1.APPENDIX C

Glossary of Terms (Repealed)

1.APPENDIX D

State Goals for Learning

1.APPENDIX E

Evaluation Criteria - Student Performance and School

Improvement Determination (Repealed)

1.APPENDIX F

Criteria for Determination - Student Performance and

School Improvement (Repealed)

(21)

AUTHORITY: Implementing Sections 2-3.25, 2-3.25g, 2-3.43, 2-3.44, 2-3.96, 17a,

10-20.14, 10-22.43a, 14C-8, 21-0.01, 26-13, 27-12.1, 27-13.1, 27-20.3, 27-20.4, 27-20.5, 27-22, and

27-23.3 and authorized by Section 3.6 of the School Code [105 ILCS 5/3.25, 3.25g,

2-3.43, 2-3.44, 2-3.96, 10-17a, 10-20.14, 10-22.43a, 14C-8, 21-0.01, 26-13, 12.1, 13.1,

27-20.3, 27-20.4, 27-20.5, 27-22, 27-23.3, and 2-3.6].

SOURCE: Adopted September 21, 1977; codified at 7 Ill. Reg. 16022; amended at 9 Ill. Reg.

8608, effective May 28, 1985; amended at 9 Ill. Reg. 17766, effective November 5, 1985;

emergency amendment at 10 Ill. Reg. 14314, effective August 18, 1986, for a maximum of 150

days; amended at 11 Ill. Reg. 3073, effective February 2, 1987; amended at 12 Ill. Reg. 4800,

effective February 26, 1988; amended at 14 Ill. Reg. 12457, effective July 24, 1990; amended at

15 Ill. Reg. 2692, effective February 1, 1991; amended at 16 Ill. Reg. 18010, effective November

17, 1992; expedited correction at 17 Ill. Reg. 3553, effective November 17, 1992; amended at 18

Ill. Reg. 1171, effective January 10, 1994; emergency amendment at 19 Ill. Reg. 5137, effective

March 17, 1995, for a maximum of 150 days; amended at 19 Ill. Reg. 6530, effective May 1,

1995; amended at 19 Ill. Reg. 11813, effective August 4, 1995; amended at 20 Ill. Reg. 6255,

effective April 17, 1996; amended at 20 Ill. Reg. 15290, effective November 18, 1996; amended

at 22 Ill. Reg. 22233, effective December 8, 1998; emergency amendment at 24 Ill. Reg. 6111,

effective March 21, 2000, for a maximum of 150 days; amended at 24 Ill. Reg. 12985, effective

August 14, 2000; amended at 25 Ill. Reg. 8159, effective June 21, 2001; amended at 25 Ill. Reg.

16073, effective November 28, 2001; amended at 26 Ill. Reg. 1157, effective January 16, 2002;

amended at 26. Ill. Reg. 16160, effective October 21, 2002; amended at 28 Ill. Reg. 8486,

effective June 1, 2004; emergency amendment at 28 Ill. Reg. 13637, effective September 27,

2004, for a maximum of 150 days; amended at 29 Ill. Reg. 1891, effective January 24, 2005;

amended at 29 Ill. Reg.11811, effective July 13, 2005; amended at 29 Ill. Reg. 12351, effective

July 28, 2005; amended at 29 Ill. Reg. 15789, effective October 3, 2005; amended at 29 Ill. Reg.

_____, effective _____________; amended at 30 Ill. Reg. _____, effective _____________.

SUBPART A: RECOGNITION REQUIREMENTS

Section 1.95 Appeals Procedure

Pursuant to Section 2-3.25m of the School Code [105 ILCS 5/2-3.25m], a school district may

request an appeal of a school’s or the district’s status level, recognition level determined

pursuant to Section 2-3.25f of the School Code, or corrective actions undertaken by ISBE

pursuant to Section 2-3.25f of the School Code or the No Child Left Behind Act of 2001. An

appeal may not be brought pursuant to Section 2-3.25m challenging the validity of any State or

federal law or requesting relief that ISBE is without authority to provide.

(22)

a)

A district shall request such an appeal by sending a written request to the State

Board of Education for consideration by the Appeals Advisory Committee. The

district must submit its appeal within 30 days after receipt of notification from the

State Board of the school’s or district’s status level, recognition level, or

corrective action, or by September 1 of the calendar year in which the notification

occurs, whichever occurs later. The appeal may not be based upon alleged

inaccuracies in data in any State assessment other than the most recent State

assessment, or any other cause known to the district during the prior year’s period

for appeals. Upon receipt of a request, State Board staff shall provide an

opportunity for the district to meet with State Board staff (either in person or over

the telephone) in an effort to resolve the issues raised in the request through

informal means.

b)

If a district elects not to meet with State Board staff, or if the district wishes to

proceed with the appeal upon conclusion of the informal resolution process, the

State Board shall commence the appeals process set forth in this Section. The

timeframes set forth for appeals shall be tolled during the pendency of the

informal resolution process. Nothing contained in this Section shall preclude the

State Board and the district from reaching agreement as to the resolution of an

appeal at any time during the appeals process.

c)

After a determination of a review schedule by the Committee, the State Board will

give written notice of the date, time, and place of the hearing to the school district

not less than 21 days before the hearing date. The notice shall be sent by certified

mail, return receipt requested.

d)

The school district may be represented by an attorney throughout the proceedings.

The office of the General Counsel to the State Board will represent the State

Board. Both the school district and the State Board will be afforded the

opportunity to file written briefs before the hearing. The school district shall

submit its brief to the following address: Illinois State Board of Education, Office

of the General Counsel, 100 North First Street, Springfield, Illinois 62777-0001.

The State Board shall submit its brief to the district and shall provide both the

district’s and the State Board’s briefs to each member of the Committee.

1) The

school

district’s brief shall be due 7 days after the district’s receipt of

the notice of opportunity for hearing.

(23)

2)

The State Board’s brief shall be due 14 days after the State Board’s receipt

of the district’s brief or, if no brief is filed by the district, 14 days after the

notice of opportunity for hearing is sent.

e)

After briefs have been submitted pursuant to subsection (d) of this Section, no

party shall submit additional information to the Committee unless so requested by

the Committee’s chairperson. The State Board will provide a signed assurance to

the Committee that any calculations at issue were double-checked.

f)

At the time its brief is filed, either the school district or the State Board may

request an opportunity for oral argument before the Committee.

1)

Each party will be given 30 minutes for argument, and the school district

may reserve 10 of its 30 minutes for rebuttal. The Committee may ask

questions during such argument.

2)

If neither party requests oral argument, the Committee may request that

the parties make an oral presentation on the date scheduled for the hearing.

g)

If two or more districts request an appeal regarding the same question of policy,

law, or fact, the State Board may consolidate those appeals if the agency

determines that consolidation would secure economies of time and effort and

promote uniformity of decision-making by the Committee. Consolidated appeals

shall be handled as provided in this subsection (g).

1)

Each district may submit its own brief, or any two or more of the districts

whose appeals are consolidated may elect to write a joint brief.

2)

All districts whose appeals are consolidated will be given 40 minutes for

argument, and the districts may reserve ten of their forty minutes for

rebuttal. The districts shall either select one or more representatives to

argue on behalf of the districts or divide the time equally amongst all

districts.

3)

The agency shall submit one brief in response to the question of policy,

law, or fact subject to the consolidated appeal and shall have 30 minutes

for argument.

(24)

h)

The chairman of the Committee will conduct the review proceeding and hearing.

During the hearing, the Committee shall consider only those issues raised in the

briefs or by oral argument of the parties. All hearings will be recorded. A

majority of committee members shall constitute a quorum. Committee

recommendations must be approved by a majority vote of a quorum. Each

committee member shall recuse himself or herself when hearing an appeal from a

district with which the member has a conflict of interest, e.g., employment by the

district, having a close family member in attendance at a school in the district or

employed by the district, service as a school board member, or other affiliation

with the district. The Committee may adopt other procedures for its governance

not inconsistent with this Part.

i)

Within 30 days after the hearing, the Committee shall submit a written

recommendation for action to the State Superintendent of Education and shall

state the reasons for its recommendation. All recommendations shall be based on

an objective evaluation of the district’s claims and a review of the State Board’s

data and calculations. The Committee may recommend that the State

Superintendent affirm or reverse the decision of the State Board, in whole or in

part.

j)

The State Superintendent shall thereafter make a recommendation for action to

the State Board of Education. The State Board of Education shall make the final

determination.

(Source: Amended at 30 Ill. Reg. _____, effective _____________)

SUBPART D: THE INSTRUCTIONAL PROGRAM

Section 1.440 Additional Criteria for High Schools

The School Code establishes differing requirements for the coursework that high schools must

offer, the courses students must take, and the courses students must pass in order to graduate.

a)

Course Offerings

Each school The district shall provide a comprehensive curriculum that includes

at least including the following as a minimum program of offerings. The time

allotment, unless specified by the School Code or applicable rules regulations, is

the option of the local school district.

(25)

1) Language

Arts, three units

2) Science

3) Mathematics

4)

History of the United States, one unit

5) Foreign

Language

6) Music

7) Art

8) Career

Education--Orientation and Preparation

9) Health

Education, students must take one semester or equivalent, i.e., at

least 18 weeks, during the secondary school experience.

10) Physical

Education, daily except as provided in subsection (a)(9) of this

Section and Section 1.445 of this Part (Section 27-6 of the School Code).

11) Consumer

Education, nine weeks, 50 minutes a day or equivalent, in

grades 9-12, except for students who have demonstrated proficiency

pursuant to the provisions of Section 27-12.1 of the School Code and

Section 1.462 of this Part.

12)

Conservation of Natural Resources (Section 27-13.1 of the School Code).

13)

Driver and Safety Education, 30 clock-hours of classroom instruction and

6 clock-hours of behind the wheel--grades 10, 11, and 12 (see Section

27-23 of the School Code [105 ILCS 5/27-27-23] and 27-23 Ill. Adm. Code 252).

14) Vocational

Education--Job Entry Skill Development

(26)

1)

Each student shall be required to take one semester or the equivalent, i.e.,

at least 18 weeks, of health education during the secondary school

experience.

2)

Each student shall be required to take physical education daily, except as

provided in Section 27-6 of the School Code and Section 1.445 of this

Part.

3)

Each student shall be required to take consumer education for 50 minutes

per day for a period of nine weeks in each of grades 9-12, unless she or

she has demonstrated proficiency pursuant to the provisions of Section

27-12.1 of the School Code and Section 1.462 of this Part.

4)

Each student shall be required to take

American patriotism and the

principles of representative government, as enunciated in the American

Declaration of Independence, the Constitution of the United States of

America and the Constitution of the State of Illinois, and the proper use

and display of the American flag for not less than one hour per week, or

the equivalent.

(Sections 27-3 and 27-4 of the School Code [105 ILCS

5/27-3 and 27-4])

c) Specific

Minimum Requirements for Graduation

A “unit” is the credit accrued for a year’s study or its equivalent.

1)

Each student shall be required to have accrued at least 16 units in grades

9-12 if graduating from a four-year school or and 12 units in grades 10-12

if graduating from a three-year high school. In either case,

2)

In either of the above, one unit shall be in American History or American

History and Government. (Section 27-22 of the School Code) In a

four-year high school, three units shall be in Language Arts and, in a three-four-year

high school, two units shall be in Language Arts. In either instance

emphasis shall be on reading and writing skills while one-half unit may be

in oral communication.

3)

American patriotism and the principles of representative government, as

enunciated in the American Declaration of Independence, the Constitution

of the United States of America and the Constitution of the State of

(27)

Illinois, and the proper use and display of the American flag, shall be

taught in all public schools. Not less than one hour per week, or the

equivalent, shall be devoted to advanced study of this subject. (Sections

27-3 and 27-4 of the School Code [105 ILCS 5/27-3 and 27-4]) No

student shall receive certification of graduation without passing a

satisfactory examination on the subjects discussed in subsection (b)(4) of

this Section upon such subjects.

c)

2)

Pursuant to Section 27-22 of the School Code [105 ILCS 5/27-22], all

students who enter the 9th grade, except students with disabilities whose

course of study is determined by an individualized education program,

must successfully complete certain the following courses, depending upon

the school year in which they enter the 9

th

grade and subject to the

exceptions provided in Section 1.445 of this Part, as a prerequisite to

receiving a high school diploma in addition to the applicable requirements

of subsection (b) of this Section and any requirements imposed by the

local school district.

1)

three years of language arts;

2)

two years of mathematics, one of which may be related to computer

technology;

3)

one year of science;

4)

two years of social studies, of which at least one year must be history of

the United States or a combination of history of the United States and

American government; and

5)

one year chosen from

A)

music,

B)

art,

C)

foreign language, which shall include American Sign Language, or

D)

vocational education.

(28)

d)

School districts shall have on file in the local district office a description of all

course offerings that may comply with the requirements of the law. A course will

be accepted as meeting the relevant requirement for graduation requirements set

forth in subsection (c) of this Section, provided that its description shows that its

principal instructional activity is the development and application of knowledge

and skills related to the applicable requirement.

1)

The course description for a “writing-intensive” course will be accepted

for purposes of Section 27-22 of the School Code if:

A)

a goal of the course is to use the writing that students do relative to

the subject matter being presented as a vehicle for improving their

writing skills;

B)

writing assignments will be an integral part of the course’s content

across the time span covered by the course;

C)

the written products students are required to prepare in order to

receive credit for the course and the feedback students receive are

such that:

i)

students’ writing proficiency is evaluated against

expectations that are appropriate to early or late high school

and encompass all of the standards applicable to State

Goals 3 and 5 (see the State Goals for Learning and the

Illinois Learning Standards in Appendix D to this Part); and

ii)

students receive information from the evaluation of their

written products that will permit them to improve their

writing skills in terms of correct usage; well-organized

composition; communication of ideas for a variety of

purposes; and locating, organizing, evaluating and using

information.

2)

The writing-intensive study provided in at least one writing-intensive

course must be designed to address and integrate the elements of the

writing process and to refine or apply research skills.

(29)

e)

It is the responsibility of the school district's administration to provide parents and

guardians timely and periodic information concerning graduation requirements for

all students, particularly in cases where a student's eligibility for graduation may

be in question.

f)

Additional requirements for graduation may be adopted by local boards of

education. Boards of education may accept courses completed in a community

college toward graduation.

(Source: Amended at __ Ill. Reg. _____, effective _____________)

Section 1.445 Required Course Substitute

a) Pursuant

to

Section

27-22.05 of the School Code [105 ILCS 5/27-22.05], school

boards in districts with any of the grades 9 through 12 may adopt a policy

providing for a course substitution of a vocational and technical course for a high

school or graduation requirement specified in Section 1.440(a)(10) and (g) of this

Part. Such policies must provide a complete description of both the vocational

and technical course and its relationship to the required course that will be

replaced by the substituted course. Courses that may be substituted must meet the

requirements set forth in Section 27-22.05 of the School Code and Section

1.440(d) 1.440(h) of this Part.

b)

No student under the age of 18 shall be enrolled in a course substitution unless

that student's

parent or guardian first requests the substitution and approves it in

writing on forms that the school district makes available

for such requests. Such

requests shall be maintained in the student's temporary record in accordance with

Section 4 of the Illinois School Student Records Act [105 ILCS 10/4].

(30)

Linda Riley Mitchell, Chief Financial Officer

Chris Schmitt, Division Administrator, Nutrition and Support

Agenda Topic: Action Item: Rules for Initial Review – School Food Service Part 305

Materials: Proposed Amendments

Staff Contact(s): Mark Haller, Nutrition and Support Purpose of Agenda Item

The purpose of the agenda item is to present the proposed amendments for initial review and secure the Board’s authorization to distribute them for public comment.

Relationship to/Implications for the State Board’s Strategic Plan

As described in this executive summary, proper nutrition can have a positive impact on student performance. Accordingly, these amendments support the Strategic Plan’s goal of fostering literacy skills and enhancing literacy instruction.

Expected Outcome(s) of Agenda Item

The Board will be asked to authorize staff to publish the proposed amendments in the Illinois Register to elicit public comment.

Background Information

The proposed amendments respond to Governor Blagojevich’s call for the State Board to exercise its authority under federal law to restrict the sale of minimally nutritious items to elementary and middle school students before school and during the regular school day. In addition, as part of its effort to streamline and update its rules, State Board staff members are proposing changes to Part 305 that address issues that are not adequately covered by federal regulations, eliminate language that mirrors federal regulations, and more clearly set forth the minimum requirements for Illinois’ School Breakfast and Lunch Program.

In general, the existing Part 305 rules address the obligation of public schools to provide free lunches to eligible students, and establish the State Board’s requirements for public and private schools, residential child care institutions and camps (collectively, “sponsors”) participating in the National School Lunch Program (NSLP). The NSLP is a voluntary program that allows sponsors to receive reimbursement for meals served in accordance with its requirements. The sponsors receive reimbursement based on the number of meals served to children per category: free, reduced-price and paid.

At present:

• 1,184 sponsors participate in the NSLP.

• 3,699 (86.4 percent) of Illinois public schools participate in NSLP. (A “sponsor” may include multiple schools.)

(31)

state agencies to establish restrictions on the sale of foods not offered through the federal food programs (i.e., competitive foods) in the food service areas and allow state agencies to “impose additional restrictions on the sale of and income from all foods sold at any time throughout schools participating” in the federal school foods programs. A 2002 U.S. Department of Agriculture (USDA) survey of all administering state agencies (including all 50 states, the District of Columbia and five U.S. territories) indicated that 19 state agencies imposed restrictions on food and beverage sales exceeding the federal restrictions under the NSLP, while 36 state agencies did not exceed the federal requirements.

Analysis and Implications for Policy, Budget, Legislative Action and Communications The State Board’s rules governing School Food Service (Part 305) currently impose restrictions on schools participating in the NSLP that exceed federal requirements. While federal regulations only restrict the sale of foods and beverages of minimal nutritional value in food service areas during the service times for breakfast and lunch, the State Board’s rules restrict elementary schools from selling certain types of foods anywhere on school grounds during the regular breakfast and lunch period. These restrictions apply to the sale of confections, candy, potato chips, carbonated beverages, fruit drinks containing less than 50% pure fruit juice, tea, coffee and other items designated by the federal government as foods and beverages of minimal nutritional value.

The proposed amendments do not rely on any “new” authority not already inherent in Part 305. Rather, using the authority under federal regulations, the proposed amendments broaden the time period of the current restrictions on elementary schools in Part 305, set forth a new definition of restricted foods, and apply the restrictions to middle schools. No further restrictions are proposed for high schools, which are still prohibited from selling foods and beverages of minimal nutritional value during breakfast and lunch, as per federal regulations.

Under the proposed amendments, commencing on the first day of the 2006-07 school year, all schools that participate in the federal National School Lunch Program or the School Breakfast Program which operate classes of grade 8 or below must prohibit the sale to students of any “minimally nutritious items” before school and during the school day. A minimally nutritious item is defined as:

1. any beverage other than flavored or plain reduced fat or low-fat milk, 100% juices (in containers of 8 ounces or less for grades K – 5, and 12 ounces or less for grades 6 – 8) and water; and

2. any food whose calories from fat or total calories, sugar content or serving size exceeds specified levels.

The definition of a “minimally nutritious item” is adapted from the USDA’s HealthierUS School Challenge, a program through which a school may apply for recognition of its commitment to the health and well-being of its students. One of the criteria for this recognition is to limit selling/serving certain foods and beverages. By defining minimally nutritious foods in terms of

(32)

that schools participating in both programs are not held to different requirements. Pros and Cons of Various Actions

Pros

By adopting the proposed amendments, Illinois will become a national leader in promoting healthy eating habits for elementary and middle school students. The proposed amendments also will complement the efforts of schools participating in the federal school food programs to adopt wellness policies by the 2006-07 school year. Such policies are required to address guidelines for maximizing nutritional value by decreasing fat and added sugars, increasing nutrition density, and moderating portion size of each individual food or beverage sold within the school environment. Each of these goals can be met by moving forward with the proposed amendments.

Already, many school districts have taken steps to promote healthy eating habits by students. The School Nutrition Association, a national nonprofit focused on school nutrition issues, reports that two-thirds of the nation’s schools have some sort of limitation on foods or beverages. Nearly half have increased the selection of healthier beverages in vending machines and 18 percent have removed carbonated drinks entirely. The proposed amendments will establish a state-wide standard for nutritional content in food and beverages offered to students. This standard will reinforce the efforts of districts that have existing limitations, ensure nutritional foods and beverages are offered to elementary and middle school students in districts without limitations, and prompt a local discussion as to whether foods and beverages offered to high school students should meet higher nutritional standards.

Finally, the proposed amendments respond to a growing body of research about the nutrition effects on student performance and attendance:

• A 2004 California study, conducted by WestEd, found that schools in which a high percentage of students eat a nutritious diet and engage in moderate exercise also have higher test scores. The WestEd researchers say exercise is important, but found that proper nutrition had a larger impact on academic performance. According to a 2002 California Department of Education study, students who scored well on California’s Fitnessgram, a state-mandated physical fitness test given in grades 5, 7, and 9, also scored well on reading and math tests.

• Research clearly demonstrates frequent ingestion of food and beverages that contain sugar are a major risk factor for the frequency and severity of dental caries (tooth decay). Joint Report of the American Dental Association Council on Access, Prevention and Interprofessional Relations and Council on Scientific Affairs to the House of Delegates:

Response to Resolution 73H-2000. National studies have shown poor oral health in

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