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New Jersey State Board Meeting Wednesday — 09/16/09

State Board Adopts Core Curriculum Content Standards For Social Studies

Also Accept New SLLA, Passing Score Set At 163

The New Jersey State Board of Education met on Sept 16^th. Among the items approved for adoption were the Core Curriculum Content Standards for Social Studies and the new School Leadership Licensure Assessment Test for the Principal endorsement. The Board also reviewed: the Student Transportation regulations; modification of the current certificate requirements for out of state teachers; re-adoption of the current NJQSAC regulations without change; and an expedited approval process for Charter School applications.

The Board continued to grabble with its future role in the area of Controversies and Disputes in light of the Legislature’s removal of Board authority to hear disputes.

The Commissioner also provided a brief overview of current preparatory efforts by the Department and State in addressing H1N1 (“swine flu”).

Items For Consideration

CCCS/Social Studies Standards

Reporting: Division of Educational Standards & Programs

Stage: Adoption

Commissioner’s Recommendation:
That the State Board discusses the resolution to adopt the Core Curriculum Content Standards for social study standards pursuant to N.J.A.C. 6A:8-2.1(a) 5.

Background:
The State Board of Education is responsible under N.J.A.C. 6A:8 2.1(a)5 for initiating a review and re-adoption process for the Core Curriculum Content Standards, including the Preschool Teaching and Learning Standards of Quality, every five years, based on recommendations by the Commissioner of Education.

Expert panels of PreK-12 educators and representatives from higher education reviewed the Core Curriculum Content Standards for social studies, including the Preschool Teaching and Learning Standards of Quality for social studies and elicited extensive public input through regional feedback sessions, written comments, and electronic feedback submitted through the Department’s website.

The P-12 social studies standards have been revised to reflect the demands of postsecondary education and the twenty-first century workplace.

The proposed resolution would:

1. direct that the revised Preschool Teaching and Learning Standards of Quality for social studies immediately serve as standards of quality for public school preschool students and programs in New Jersey
2. direct that school district curricula for all students be aligned with these revised K-12 standards for social studies, along with the accompanying cumulative progress indicators, by September 1, 2012
3. ensure that the revised Core Curriculum Content Standards and accompanying cumulative progress indicators for social studies, dated August 19, 2009, serve as the basis for any state or local assessments deemed appropriate by the Department of Education and the State Board of Education; and be it further

Discussion:

• The revisions address institutional work by historical societies and the Amistad Commission.
• One Cumulative Progress Indicator (CPI) was impacted in the area of world religions. Specifically, the new CPI requires students to not only compare and contrast religions but also examine their patterns of expansion and globalization. This CPI change will impact 4th, 8th and 12th grade students.
• Commissioner Davy indicated that governmental structures and financial literacy will be part of high school redesign. Deputy Commissioner Spicer remarked on the current financial literacy pilot.
• Several college members were involved in the development of the curriculum in an effort to align the curriculum with higher education programs.

Resolution to Adopt a Revised School Leaders Assessment Test and Passing Score

Reporting: Division of Educational Standards & Programs

Stage: Adoption

Commissioner’s Recommendation:
That the State Board adopt the resolution to select the School Leadership Licensure Assessment Test for the Principal endorsement and to establish a qualifying score of 163 for the test pursuant to N.J.A.C. 6A:9-12.5(a)4.

Background:
N.J.A.C. 6A:9-12.5(a) 4 requires a subject matter test for the Principal endorsement to the administrative certificate. The Department selected the new School Leadership Licensure Assessment (SLLA) test for the Principal endorsement and the establishment of an initial qualifying score. The department participated in a multi-state standard setting study held by the Educational Testing Service (ETS) to determine the validity of and the theoretically appropriate qualifying score for the SLLA test.

The Resolution would:

1. Accept the Department’s selection of the new School Leadership Licensure Assessment (SLLA) test for the Principal endorsement; and
2. Establish a qualifying score of 163. Any person who has qualified under the most recent version of the SLLA will be allowed to use that qualifying score for the Principal endorsement.

Discussion:
Director for Licensure and Credentials Higgins indicated that the Department previously selected the SLLA test. However, recently Educational Testing Services (ETS) made changes to the test to:

1. Account for the national standards for leadership and
2. Reduce the test length from 6-7 hours to 2-3 hours.

Deputy Commissioner Spicer also stated the ETS had provided guidance on the pass score of 163. The efficacy of the test and pass score will be examined over time.

There are seven (7) domains which are aligned with National Standards on this assessment.

Outcome: Approved

Student Transportation

Reporting: Division of Finance

Stage: Proposal

Commissioner’s Recommendation:
That the State Board proposes to readopt with amendments the Student Transportation regulations at N.J.A.C. 6A:27, pursuant to N.J.S.A. 18A:1-1, 18A:4-15, 18A:39-21 and 18A:70-18.

Background:
This chapter regulates school district transportation operations and ensures the safe and efficient transportation of students to and from school. The rules contained at N.J.A.C. 6A:27 are being proposed for re-adoption with amendments pursuant to N.J.S.A. 18A:39-21, which requires the State Board of Education to adopt rules governing the transportation of students.

As part of the comprehensive review of code process, this chapter was reorganized and relocated from N.J.A.C. 6:21 to 6A:27 in December 2000. Amendments in response to legislative actions were incorporated into N.J.A.C. 6A:27 in September 2002, and again in 2005. This chapter regulates school district transportation operations and ensures the safe and efficient transportation of students to and from school.

The rules, as proposed, will encourage school districts to conduct their transportation operations in a cost effective and efficient manner while ensuring their students’ safety. These proposed rules, along with the transportation efficiency requirements required in the School Funding Reform Act of 2008 (SFRA) and supported by P.L. 2007, c.63 (CORE), will also encourage school districts to conduct their transportation operations more efficiently, sharing and consolidating services where possible, thereby enhancing the fiscal accountability of school district boards of education in the provision of transportation services.

The proposed amendments are being presented in response to recommendations received from school district personnel and members of the student transportation industry since the 2005 adoption of these regulations, and are meant to clarify existing rules. In addition, technical changes are proposed to the chapter updating all references to County Superintendent of Schools to Executive County Superintendent of Schools and changing the name of the Office of Student Transportation to include its new mandate as the Office of Student Transportation and Shared Services. As part of its mission to provide leadership, the department is proposing amendments to the current rules to ensure a more efficient evaluation of New Jersey’s school district transportation operations.

Discussion:

• Comment and response from June 17, 2009 meeting of the State Board of Education (Second Discussion Level) and written comments were provided to the Board in anticipation of the meeting
• There was no discussion by the Board

Outcome: Approved

Requirements for Standard Certificates

Reporting: Division of Educational Standards & Programs

Stage: Adoption

Commissioner’s Recommendation:
That the State Board adopt the requirements for standard certificates pursuant to N.J.A.C. 6A:9-8.8.

Background:
N.J.A.C. 6A:9 sets forth the rules governing the preparation, licensure and professional development of those educators required by their positions to be certified. It also contains rules governing the approval of educator preparation programs and the content of such programs. Finally, it contains the rules delineating the organization of, powers of, duties of and proceedings before the State Board of Examiners.

The Department of Education proposes that N.J.A.C. 6A:9 are amended to ease certification for experienced applicants who have already passed a content knowledge test to obtain their out-of-state certification.

Discussion:

• Commissioner Davy described the process envisioned by the amended regulation.
• Director for Licensure and Credentials Higgins reviewed the comments and responses from the May 20, 2009 meeting of the State Board of Education and written comments received. He specifically addressed the concern raised by NJEA as to the lack of definition of ‘content knowledge test’. He indicated that the Department is of the opinion that such a clarification is not necessary because the proposed rule is within a chapter, N.J.A.C. 6A:9-8, which applies only to ‘regular’ instructional certificates and not to any kind of administrative or career and technical education certificates. Further, N.J.A.C. 6A:9 does not require any general test of knowledge.
• The Commissioner clarified the difference between this process and the Math and Science Pilot adopted by the State Legislature. The pilot is limited in duration to eighteen (18) months, and if successful may be continued by the Department. There are currently 33 physics teachers being trained by CTC.

Outcome: Approved

Evaluation of School Districts

Reporting: Division of Field Services

Stage: First Discussion

Commissioner’s Recommendation:
That the State Board discusses the re-adoption with amendments regarding the NJ Quality Single Accountability Continuum regulations at N.J.A.C. 6A:30.

Background:
P.L.2005, c.235 and P.L.2007, c.16 amended N.J.S.A. 18A:7A to establish a new monitoring and evaluation system of public school districts, entitled the New Jersey Quality Single Accountability Continuum (NJQSAC). P.L.2007, c.16 set forth the procedure for promulgating rules and regulations to implement the new monitoring system for the 36 month period following enactment of the legislation (January 24, 2007).

N.J.S.A. 18A:7A-53.1 provides that the Commissioner could, for a period of 12 months following the effective date of the statute, adopt, immediately upon filing with the Office of Administrative Law, rules and regulations deemed necessary to implement the law. All rules and regulations adopted by the Commissioner expire no later than 36 months following the effective date of P.L. 2007, c.16, and must thereafter be amended, adopted or re-adopted by the State Board.

Discussion:

• Commissioner Davy provided copies of the regular and special service district performance review indicators. The Commissioner hopes to move the item to proposal level to allow more opportunity for public comment.
• The Commissioner confirmed that the DPR (District Progress Report) process could be used as proof for purposes of applying for Race to the Top monies.
• The expanded role of the Office of the County Superintendent in conducting these three year reviews was discussed.
• On the issue of self monitoring, Special Assistant Donna Arons indicated that the Evaluation Committee structure helps ensure that there is legitimacy within the process and that the DPRs themselves establish benchmarks or standards. Commissioner Davy also indicated that contrary to what one would think, districts have given themselves poor scores.
• With respect to potential staff impacts, tenure rules apply and therefore only non-tenure eligible positions might be at risk.
• NJQSAC Statistics for the last cohort: 68 percent of 142 districts were deemed “high performing” districts. Two (2) districts did not hit the 50 percent requirement. These districts received technical assistance from the Department. The Commissioner also clarified that districts failing to hit even one benchmark fall within this category and that most districts only fall below in one area. Ensuring technical assistance early helps ensure that there is no “spill-over” into other areas.
• Commissioner Davy expressed that the Board will be reviewing and approving changes to DPRs as required. At this juncture, however, the Board’s role is the approval of the existing process.

Outcome: Item moves to Proposal Stage

Charter Schools

Reporting: Division of District & School Improvement

Stage: Proposal

Commissioner’s Recommendation:
That the State Board proposes the amendments pertaining to the early action approval process for Charter School applications at N.J.A.C. 6A:11-1 et seq.

Background:
N.J.A.C. 6A:11 regulates Charter Schools. While the chapter is not scheduled to expire until May 10, 2012 the Department is proposing amendments which will allow the Department of Education to provide an expedited approval process for applicants who seek fast track review in order to open a new charter school within a shorter time frame.

Discussion:
There was no opposition to the expedited process.

Outcome: Approved

Section 15 Grants for Regular Operating Districts

Stage: First Discussion

Commissioner’s Recommendation: That the State Board discuss the amendments to the grant funding code for regular operating school districts including county vocational schools pursuant to N.J.A.C. 6A:26-18.

Background: The rules addressing Section 15 Grants for Regular Operating Districts, including County Vocational School Districts (N.J.A.C. 6A:26-18), implement the process for grant funding for school facilities projects in regular operating districts (as provided in amendments to the Educational Facilities Construction and Financing Act, enacted by P.L. 2000, c. 72 (N.J.S.A. 18A:7G-1 et seq.) enacted by P.L. 2008, c. 39).

On November 25, 2008, in accordance with the provisions and requirements of P.L. 2008, c.39, the Department promulgated special adopted rules as N.J.A.C. 6A:26-18-1 through 6 under the Commissioner’s rulemaking authority and the procedures for special adoption. See 41 N.J.R. 309(a). Section 11 of P.L. 2008, c.39 authorized the Commissioner to adopt rules to implement the process of the allocation of grant funding as established pursuant to that act to be effective for a period not to exceed 12 months. The regulations thereafter had to be amended, adopted, or readopted by the State Board of Education.

The rules contained in N.J.A.C. 6A:26-18 implement the amendments to the Educational Facilities Construction and Financing Act, P.L. 2000, c. 72 (N.J.S.A. 18A:7G-1 et seq.) enacted by P.L. 2008, c. 39, which provides for the establishment of an annual allocation of grant funding for school facilities projects based on a priority process established pursuant to law. These new rules coincide with the availability of additional bonds for the State share of costs for school facilities projects in the RODs. These rules do not apply to school facilities projects funded by State debt service aid. The purpose of these rules is to use a method to allocate limited school facilities funding that reflect priorities, rather than the “first come first served” system that existed previously.

The lone amendment to the rules provides more flexibility in the time frame allotted to districts to obtain their local share before the monies have to come back into the state pot. We expect that this would relieve districts of the financial burden associated with the re-submittal of a project application. School districts are currently required to obtain the local share within 180 days of notification by the Department of the final grant award. The department is proposing an amendment that would allow school districts to request an additional 180 days or an extension until a date no later than 45 days after the next annual school budget election, whichever is later, to obtain the local share.

Discussion:

• The Director of School Facilities, Bernard E. Piaia, Jr. explained the difficulties in getting the local share within the 180 day time frame and also explained why the Department is seeking the alternative 45 days after school budget adoption for those districts seeking to finance through the annual budget.
• Modifying the rule will save districts and the State time and money spent in resubmitting projects. There is currently 600 million left, 1145 projects have been approved.

Commissioner’s Report

H1N1 Update

• The Commissioner indicated that there was continued communication with districts and state officials. A state pandemic summit was held on August 25, 2009. Over 600 state, local and school district officials attended.
• There are no significant reports of H1N1 outbreaks in New Jersey as of yet and symptoms have been mild thus far. Cases surfaced in and around camps and college campuses during the summer.
• There are four (4) priority groups for vaccinations once the vaccine becomes available:
  1. The elderly
  2. Caretakers of children under six (6) months of age
  3. Children age 6 months to adults age 24
  4. Pregnant women
• Those over age 50 may have some immunity.
• Districts are being encouraged to facilitate communication with parents and children about vaccination options when they become available. It is a local decision as to whether:
  1. Districts participate in vaccination clinics; and
  2. Whether to close schools
• Parents/students have the option of “opting out” of vaccination for H1N1.
• School nurses, if willing to do so, may be able to vaccinate individuals.
• Schools and nurses individually are immune from liability under federal law for vaccination activities in the school setting.

School Construction

• The Governor has been touring the twelve (12) new schools built under grants from the School Development Authority (SDA).
• Several other Regular Operating Districts (RODs) utilized SDA funds to defray the cost of rehabilitating / refurbishing schools this year

ARRA

• Department personnel are working to apply for, distribute and collect data to report on American Reinvestment and Revitalization Act monies.
• Auditing associated with these funds is far more extensive than other federal funds. The department is working with the Governor’s office to collect and report data properly as it is received.

President’s Report

Legal Committee

There was discussion amongst the Board regarding the continued existence and mission of the Legal Committee in light of the Legislature’s removal of Board authority to hear disputes. At the August 2009 meeting there was confusion expressed as to whether the provision eliminating Board authority to hear controversies had a sunset. The Attorney General provided an opinion to the Board indicating that there is no sunset to the elimination of Board authority.

Standing Committees

Vice President Aponte announced which standing committees would exist for the coming year as well as which Board Member is responsible:

• 21st Century Schools — Board Member Dietz
• Career & Technical — Board Member Strickland
• Legal — Vice President Aponte
• Legislative — Board Member Fulton
• Strategic Planning /Retreat — President Hernandez / Vice President Aponte
• Student Health & Safety — Board Member Fulton
• Teacher Preparation — Board Member Strickland

Work Session

• The Common Core Standard discussion was tabled to the Oct 2009 meeting as the work team is seeking approval from contributors for the exemplars used in the materials. The Commissioner will provide the information to the Board and stakeholders as soon as it is available. She will also be seeking comments from stakeholders. A summary of comments will be provided to the Board at the October meeting. No vote is required as standards are adopted separately.
• Board Member Strickland was just approved as a panelist on the National Language Arts Validation Panel.

Vice President Arcelio Aponte presided over the meeting. Board Members Dietz, Haney, LePore, McGinn, Plawker and Strickland were present.