District/School Administration Administration
The Massachusetts Board of Elementary and Secondary Education

Board in Brief
Tuesday, January 27, 2009

This is "Board in Brief," issued at the request of Commissioner Mitchell D. Chester to bring you up to date on Board of Elementary and Secondary Education matters. This is a report on the regular meeting held on Tuesday, January 27, 2009 at the Massachusetts Department of Elementary and Secondary Education in Malden.

Comments from the Chair

Chair Maura Banta welcomed everyone to the Department's new facility, which is located at 75 Pleasant Street in Malden. The chair reported on opportunities she had to represent the Board over the past month, including in a discussion on the Massachusetts Teaching, Learning, and Leading Survey (Mass TeLLS) report, a meeting of the National Association of State Boards of Education (NASBE) government affairs committee, to which the chair was recently elected, and on the Rennie Center's 21st century skills panel. The chair also announced that she has appointed Board member Jeff Howard to chair a committee on the proficiency gap.

Comments from the Commissioner

Commissioner Chester welcomed Board members and guests to the Department's new building. The commissioner said he is pleased that the Department is making available an MCAS/EPP test that high schools can use and score locally to gauge progress for students who have not yet met the Proficiency standard in English Language Arts and/or Mathematics and are fulfilling an Educational Proficiency Plan (EPP). The commissioner also reported that the Department is reviewing the recommendations of the 21st Century Task Force, and would report at the February Board meeting on the inventory of activities underway at the Department and in districts statewide. The Department will also crosswalk the Task Force recommendations with the Board's priorities and conduct a gap analysis.

The commissioner said that Governor Patrick would release his FY10 budget recommendation and further 9C cuts to the FY09 budget on January 28. The commissioner said the Department plans to publish the graduation rate data report for 2008 in about a week.

Comments from the Secretary

Secretary Reville described his attendance at President Obama's inauguration as one of the most uplifting experiences of his life. The secretary reported that he has approved the appointment of new commissioners for higher education (Richard Freeland) and early education and care (Sherri Killins). The secretary also reported on the recent release of the report of the Readiness Finance Committee.

Public Comment

Eleven individuals addressed the Board on topics including charter schools and school libraries.

Charter Schools

Charter School Renewals

Six charter school renewals were presented to the Board for initial discussion: Barnstable Horace Mann Charter School, Marstons Mills East Horace Mann Charter Public School, Boston Preparatory Charter Public School, River Valley Charter School, Roxbury Preparatory Charter School, and Salem Academy Charter School (conditional). The Board will vote in February on these six renewals.

The Board voted to renew the charters for Hill View Montessori Charter School and KIPP Academy Lynn Charter School, to renew with conditions the charters for Conservatory Lab Charter School and Robert M. Hughes Academy Charter Public School, and to grant a probationary renewal of the charter for Berkshire Arts and Technology Charter Public School.

Uphams Corner Charter School

Chair Banta welcomed three officials from the Uphams Corner Charter School in Boston: Michael Mayo, executive director and founder; Francois Fils-Aime, principal; and Christopher Binns, chair of the board of trustees. The chair acknowledged the dedication the three individuals have made to the school, but said sometimes commitment and effort are not enough. The chair said while this is a difficult decision, the Board has an obligation to hold every school accountable for results and consider what is in the best interest of the students at Uphams Corner Charter School.

Mr. Mayo, Mr. Fils-Aime, and Mr. Binns addressed the Board and answered questions from Board members. Commissioner Chester said his recommendation to revoke the school's charter was not based on concern about the dedication, commitment, and enthusiasm of the school's leaders. Rather, the commissioner said there has been an accumulation of evidence raising concerns about the viability of the school and its deeply disappointing academic performance. The commissioner observed that two years earlier the Board had placed conditions on the renewal of Upham's charter, including requirements that the school find a permanent facility and improve student achievement. The commissioner said there is no clear evidence that the school is headed in a positive direction in terms of English Language Arts and Mathematics performance, and the school still has not secured a permanent facility.

The Board voted down a motion by member Ruth Kaplan to give the school one more year to demonstrate that it has met academic growth targets established by the Department or that it has made Adequate Yearly Progress in 2009.

The Board voted 6-2 to revoke the charter for Uphams Corner Charter School effective June 30, 2009. The school's board of trustees has the right to request an administrative hearing in accordance with General Laws chapter 30A, section 13, and 801 CMR 1.00 within 15 days of the notice of the Board's January 27, 2009 action. If the Board does not receive a request for a hearing, the Board's conditional action on revoking the charter becomes final at the end of the 15-day period.

Waiver of Procedural Regulations, 603 CMR 1.04(3)(b)

No Board member, despite best efforts, was able to attend a public hearing on December 11, 2008 soliciting comments on pending charter applications. The Board voted to waive the requirement in 603 CMR 1.04(3)(b) with respect to attendance by a member of the Board at the public hearing.

Proposed Amendments to Regional School District Regulations, 603 CMR 41

The Board voted to solicit public comment on proposed amendments relating to regional school budgets and formation of regional school districts. The proposed amendments will be brought back to the Board for a final vote in April 2009.

Amendments to Vocational-Technical Education Regulations, 603 CMR 4

The Board voted to amend the Vocational Technical Education Regulations, 603 CMR 4.00, to add one new vocational technical teacher license and align the licensure provisions more closely in several areas with the Educator Licensure and Preparation Program Approval Regulations, 603 CMR 7.00, and the Recertification Regulations, 603 CMR 44.00.

Update on Redesign of Accountability and Assistance Framework

The Board deferred its discussion of the redesign of the accountability and assistance framework until its February 24, 2009 meeting.

Information on New Charter School Applicants

Commissioner Chester may recommend at the February 24, 2009 meeting that the Board grant charters for new charter schools. The Board received information on the three pending charter applications: Spirit of Knowledge Academy Charter School (SOKA), Gloucester Community Arts Charter School, and Rediscovery Academy Charter School and discussed the chartering process. The commissioner said he is planning to have a general policy discussion with the Board on charter schools in March.

Update on Curriculum Frameworks and Initial Review of Draft Revised English Language Arts Framework

The Board received an update on the review and revision of the English Language Arts Curriculum Framework. The Department has released a first draft of the revised framework to solicit preliminary comment and international benchmarking by external reviewers such as the American Diploma Project of Achieve, Inc., scholars in the discipline from Massachusetts public and private universities, Board members and individuals or groups recommended by Board members, and representatives of the business community. The chair said she would survey the Board to see which members might wish to delve deeper into this topic.

Next Meeting

The next regular meeting of the Board of Elementary and Secondary Education is scheduled for Tuesday, February 24, 2009 at the Department of Elementary and Secondary Education in Malden.