MINUTES OF THE ALABAMA STATE BOARD OF EDUCATION THE STATE OF ALABAMA JUNE 14, 2012 MONTGOMERY, ALABAMA

The Alabama State Board of Education met for its regular meeting of Elementary/Secondary Education matters on Thursday, June 14, 2012, at 9:31 a.m. in the auditorium of the Gordon Persons Building, Montgomery, Alabama. The meeting was called by the President Pro Tem of the Board in accordance with Alabama Code (1975), §16-3-7, as amended.

PRESIDING: MR. GARY WARREN, PRESIDENT PRO TEM ALABAMA STATE BOARD OF EDUCATION

The meeting was called to order by Mr. Gary Warren. The invocation and the Pledge of Allegiance were held. On roll call, the following members were present:

Mrs. Ella B. Bell Mrs. Stephanie Bell Mrs. Mary Scott Hunter Mrs. Betty Peters Dr. Yvette Richardson Mr. Gary Warren, President Pro Tem

Absent Governor Robert Bentley, President Dr. Charles Elliott Mr. Randy McKinney, Vice President

APPROVAL OF THE MINUTES FOR THE MEETING OF MAY 10, 2012

On motion by Mrs. Mary Scott Hunter and seconded by Mrs. Stephanie Bell, the Board voted unanimously to adopt the minutes for the meeting of May 10, 2012.

APPROVAL OF AGENDA

Dr. Thomas R. Bice requested to amend the agenda to add a resolution pertaining to the Birmingham City School System. On motion by Mrs. Mary Scott Hunter and seconded by Dr. Yvette Richardson, the Board voted unanimously to approve the agenda as amended.

PUBLIC HEARING FOR ALABAMA ADMINISTRATIVE CODE

1. Repeal Old and Adopt New Alabama Administrative Code Rules, 290-3-2-.23, 290-3-2-.24, 290-3-2-.25, and 290-3-2-.26 Pertaining to Career and Technical Education of the Teacher Certification Chapter

2. Adopt Amended Alabama Administrative Code Rules, 290-3-3-.01, 290-3-3-.02, 290-3-3-.04, 290-3-3-.42, 290-3-3-.44, 290-3-3-.45, 290-3-3-.45.01, 290-3-3-.46, 290-3- 3-.47, 290-3-3-.48, 290-3-3-.49, 290-3-3-.50, 290-3-3-.51, 290-3-3-.51.01, 290-3-3-.52, 290-3-3-.52.01, 290-3-3-.53, 290-3-3-.53.01, 290-3-3-.54 Pertaining to the Teacher Education Chapter as Amended Rules

No one signed up to address the Board pertaining to the Administrative Code Items. On motion by Mrs. Mary Scott Hunter and seconded by Dr. Yvette Richardson, the Board voted unanimously to approve the items.

On motion by Mrs. Stephanie Bell and seconded by Mrs. Mary Scott Hunter, the Board voted unanimously to adopt the following:

RESOLUTION COMMENDING CATHY ANTEE, HOOVER CITY SCHOOL SYSTEM, RECIPIENT OF THE SIXTH ANNUAL ROBERT L. MORTON AWARD

WHEREAS, the Alabama Association of School Business Officials (AASBO) has established an annual award bearing the name Robert L. Morton Award in honor of the man who served as Assistant State Superintendent of the Alabama Department of Education's Division of Administrative and Financial Services; and WHEREAS, Robert L. Morton dedicated his life to distinguished service to America, the state of Alabama, and its children through serving in pivotal roles in the field of education including teacher, coach, principal, assistant superintendent, and superintendent; and

WHEREAS, AASBO seeks to recognize, through this award, the dedication that individuals bring to their communities, their profession, and their school system in everyday life by identifying school business officials devoted to going above and beyond, both in their positions and in serving their communities; and

WHEREAS, such individuals try to make a difference in the lives of their peers and subordinates and have set new standards for themselves and their colleagues in their profession; and

WHEREAS, Ms. Cathy Antee has shown leadership, commitment, and dedication to her job and community during her years of public service in school finance, corporate accounting, and consulting and presently serves as the Chief School Financial Officer for the Hoover City School System, a position that she has held for five years; and

WHEREAS, in addition to her Chief School Financial Officer Certificate, Ms. Cathy Antee is also a Certified Public Accountant (CPA) and an ASBO International Certified Administrator of School Finance and Operations and holds a BSBA in Accounting from Auburn University and a Master’s Degree in Public and Private Management from the Birmingham-Southern College; and

WHEREAS, Ms. Cathy Antee is also a recipient of the ASBO International Pinnacle of Excellence Award presented for innovation in school business management and is a member of the Alabama Society of CPAs, Association of School Business Officials International, and Counsel for Leaders in Alabama Schools; and

WHEREAS, Ms. Cathy Antee’s achievements made within her school system; her service provided to her peers, subordinates and community; and her stellar reputation with those who recommended her are noted; and

WHEREAS, AASBO considers Ms. Cathy Antee worthy of recognition and acknowledgement for her honesty, integrity, work ethic, and consummate professionalism; and

WHEREAS, AASBO wishes to bestow upon Ms. Cathy Antee the Robert L. Morton Award as this organization celebrates the best its profession of school business management has to offer; and

WHEREAS, the Alabama State Board of Education acknowledges the honor of receiving such a distinguished award and joins AASBO in applauding Ms. Cathy Antee for such an accomplishment:

NOW, THEREFORE, BE IT RESOLVED, That the Alabama State Board of Education does hereby express its appreciation to Ms. Cathy Antee for her dedicated and distinguished work in public service and with Hoover City School System; and

BE IT FURTHER RESOLVED, That the Alabama State Board of Education does hereby congratulate Ms. Cathy Antee upon being named the recipient of the Sixth Annual Robert L. Morton Award and wishes her continued success.

Done this 14th day of June 2012

On motion by Mrs. Mary Scott Hunter and seconded by Mrs. Mary Scott Hunter, the Board voted unanimously to adopt the following:

RESOLUTION COMMENDING SARA HALLMAN, BLOUNT COUNTY SCHOOL SYSTEM, RECIPIENT OF THE OUTSTANDING LOCAL SCHOOL BUSINESS OFFICIAL AWARD

WHEREAS, the Alabama Association of School Business Officials (AASBO) is designating an annual award, the Outstanding Local School Business Official Award, that recognizes an individual from a local school system who provides services at the local school level in an outstanding manner; and

WHEREAS, AASBO recognizes the important role this individual plays, not only at the school level, but at the system level as well, and this individual is invaluable to the administrators and teachers in the day-to-day operations of the school; and

WHEREAS, this deserving individual is a part of the team that makes the business operations of the school system more efficient and effective; and

WHEREAS, for 17 years Mrs. Sara Hallman has worked for the Blount County School System as local school bookkeeper for the Blount County Career Technical Center and has shown dedication and commitment to her job; and

2 WHEREAS, Mrs. Sara Hallman holds the AASBO Certificate in Local School Financial Management and is involved with various educational professional and school-related organizations in her community; and

WHEREAS, AASBO considers Mrs. Sara Hallman worthy of this recognition for her professionalism, work ethic, and leadership; and

WHEREAS, the Alabama State Board of Education acknowledges the honor of receiving this award and joins AASBO in recognizing Mrs. Sara Hallman for this accomplishment:

NOW, THEREFORE, BE IT RESOLVED, That the Alabama State Board of Education does hereby express its appreciation to Mrs. Sara Hallman for her dedicated work with Blount County School System; and

BE IT FURTHER RESOLVED, That the Alabama State Board of Education does hereby congratulate Mrs. Sara Hallman upon being named the recipient of the Annual Outstanding Local School Business Official Award and wishes her continued success.

Done this 14th day of June 2012

On motion by Mrs. Stephanie Bell and seconded by Mrs. Betty Peters, the Board voted unanimously to adopt the following:

RESOLUTION COMMENDING ROBBIE BEASON, BLOUNT COUNTY SCHOOL SYSTEM, RECIPIENT OF THE OUTSTANDING SCHOOL BUSINESS OFFICIAL AWARD

WHEREAS, the Alabama Association of School Business Officials (AASBO) is designating an annual award, the Outstanding School Business Official Award, that recognizes an individual from a local school system, who provides services in an outstanding manner beyond his/her role within the business operation of the school system; and

WHEREAS, this deserving individual is a part of the team that makes the business operations of the school system more efficient and effective; and

WHEREAS, for 21 years Mrs. Robbie Beason has shown commitment and dedication to her job in education and her community; and

WHEREAS, Mrs. Robbie Beason is now the Payroll Officer for Blount County School System, where she serves as the assistant to the Chief School Financial Officer (CSFO), and in this position she has demonstrated outstanding leadership and service; and

WHEREAS, Mrs. Robbie Beason also holds the AASBO CSFO and Payroll/Personnel certificate and is active in other educational professional organizations; and

WHEREAS, AASBO considers Mrs. Robbie Beason worthy of this recognition for her professionalism, work ethic, and leadership; and

WHEREAS, the Alabama State Board of Education acknowledges the honor of receiving this award and joins AASBO in recognizing Mrs. Robbie Beason for this accomplishment:

NOW, THEREFORE, BE IT RESOLVED, That the Alabama State Board of Education does hereby express its appreciation to Mrs. Robbie Beason for her dedicated work with Blount County School System; and

BE IT FURTHER RESOLVED, That the Alabama State Board of Education does hereby congratulate Mrs. Robbie Beason upon being named the recipient of the annual Outstanding School Business Official Award and wishes her continued success.

Done this 14th day of June 2012

On motion by Mrs. Mary Scott Hunter and seconded by Dr. Yvette Richardson, the Board voted unanimously to approve the following:

3 RESOLUTION FOR APPROVAL OF A TEACHER EDUCATION PROGRAM ATHENS STATE UNIVERSITY Athens, Alabama

WHEREAS, a review of a teacher education program was conducted on July 21-24, 2011, by the State Department of Education in accordance with the Alabama State Board of Education, State Department of Education Alabama Administrative Code, Rule No. 290-3-3-.56(2)(b)2; and

WHEREAS, additional documentation was reviewed on November 15, 2011, December 19, 2011, and, April 24, 2012; and

WHEREAS, compliance with Alabama State Board of Education rules has been verified; and

WHEREAS, the State Superintendent of Education recommends approval of the program:

NOW, THEREFORE, BE IT RESOLVED, That the Alabama State Board of Education hereby approves the following program, with approval to expire on May 31, 2014:

Class B Visual Arts (P-12) Done this 14th day of June 2012

On motion by Mrs. Stephanie Bell and seconded by Mrs. Betty Peters, the Board voted unanimously to approve the following:

PROPOSED EMERGENCY REGULATIONS GOVERNING PHYSICAL EXAMINATIONS FOR SCHOOL BUS DRIVERS

A copy of pertinent information is filed in the Board folder dated June 14, 2012.

Dr. Thomas R. Bice introduced the added item to the agenda, State Board of Education Resolution, Birmingham City Schools. Motion was made by Dr. Yvette Richardson and seconded by Mrs. Mary Scott Hunter to adopt the resolution to recommend state intervention in the Birmingham City School System.

Following the motion, a discussion was held. Dr. Thomas R. Bice presented his rationale to Board members for the resolution. He voiced concern over the imminent school-start dates and the urgent need for the school system to make appropriate personnel decisions. He stated that the Birmingham City Board of Education approved a modified Financial Recovery Plan on Tuesday, June 12, 2012, after months of delay; however, there remains an unsound financial condition in the system that has created difficult circumstances that will affect the immediate and long-term educational interests of the school system. He emphasized that the Birmingham Board was the only school system in the state that did not submit a financial accountability plan by the May 27 deadline. He outlined a plan that he felt would bring stability to the school system. He emphasized that the plan will have to be in place by June 22, 2012, and voted on at the next Birmingham City Board of Education scheduled for June 26. Dr. Bice stated that if the school system does not put this plan into action by the deadline, there will be no choice other than state take over. Dr. Yvette Richardson, State Board Member, who represents the school system supported Dr. Bice’s recommendation and referenced the positive outcome from other school systems that have gone through intervention. Other Board members voiced support and reminisced on the positive outcome of school systems such as Huntsville City, and Midfield City.

After the discussion, Mr. Gary Warren called for the vote. The Board voted unanimously in support of the resolution listed below.

State Board of Education Resolution Birmingham City Schools

WHEREAS, the Alabama State Board of Education and the State Superintendent of Education are vested by the Alabama Constitution and the laws of the state of Alabama with authority to exercise general control and supervision over the public schools of the State; and

WHEREAS, Alabama law further authorizes the State Superintendent of Education to review actions and orders of boards and superintendents of education in matters relating to finance and other matters seriously affecting the education interest, to enforce the education laws and regulations of the Alabama State Board of Education, and to implement the educational policy of the Alabama State Board of Education; and

4 WHEREAS, local boards of education perform a state function at a local level and function as an arm of the state, subject to the general supervision of the Alabama State Board of Education; and

WHEREAS, the Code of Alabama, including the Education Accountability provisions thereof, empowers the Alabama State Board of Education to assume the primary responsibility for execution of the state function of providing public education when a city or county board of education fails in its responsibility to satisfactorily provide it and to assume responsibility for the daily operations and management of a local board of education when the Board is either academically or financially deficient; and

WHEREAS, more particularly, Alabama law specifically provides for intervention by the State Superintendent of Education of local boards of education failing to meet state financial standards and requirements; and

WHEREAS, pursuant to Alabama law, the State Department of Education analyzed the financial integrity of the Birmingham City Board of Education and determined, among other things, that the Birmingham City Board of Education was the only school system in the state of Alabama that failed to meet the deadline of May 27, 2012, for submitting a financial accountability plan; that the Birmingham City Board of Education had failed to maintain or develop a plan for maintaining the reserve fund required by Alabama law; and that the Birmingham City Board of Education had insufficient funds available to make up for the drop in state funding resulting from a decrease in student enrollment; and

WHEREAS, the Birmingham City Board of Education has failed to meet its fiscal responsibility as established through the Education Accountability laws and has allowed an unsound financial condition to be created and perpetuated in said system; and

WHEREAS, pursuant to Alabama law, the State Department of Education has provided direct, on-site assistance and advice to the Birmingham City Board of Education in the area of financial and fiscal management over the past several years and most recently due to the Birmingham City Board of Education’s failure to develop the required financial plan; and

WHEREAS, as part of that assistance and advice, the State Department of Education collaboratively developed and proposed a Financial Recovery Plan, which was discussed with the Birmingham Board of Education on no less than three occasions, and requested input from the members of the Birmingham City Board of Education; and

WHEREAS, at its meeting on June 5, 2012, the Birmingham City Board of Education summarily rejected said plan, without articulating an alternative for achieving financial recovery at that time; and

WHEREAS, the Birmingham City Board of Education, at its meeting on June 12, 2012, did in fact adopt a modified Financial Recovery Plan; and

WHEREAS, the Alabama State Board of Education finds and determines that immediate implementation of the adopted plan is necessary, both to the restoration of fiscal stability to the Board and to prepare for the beginning of the 2012-2013 school year, and that continuous assistance by a person or persons appointed by the State Superintendent is essential to that end; and

WHEREAS, due to the lack of a plan for implementation of the approved Financial Recovery Plan, exigent circumstances now exist affecting the education and educational interests of the Birmingham City Board of Education:

NOW, THEREFORE, BE IT RESOLVED, That the Alabama State Board of Education does authorize the State Superintendent of Education to appoint a person or persons to provide on-site oversight of the day-to-day operations of the Birmingham City Board of Education, specifically to advise and assist with the Birmingham City Board of Education’s implementation of the approved Financial Recovery Plan, with all direct and indirect personnel actions associated with the Plan to be presented for state review no later than Friday, June 22, 2012, and to be approved by the Birmingham City Board of Education at its regularly scheduled meeting on Tuesday, June 26, 2012; and

BE IT FURTHER RESOLVED, That in the event that the approved Plan is not implemented in accordance herewith, the Alabama State Board of Education does hereby approve the request of the State Superintendent of Education to intervene into and assume direct control of the fiscal operation of the Birmingham City Board of Education; and

BE IT FURTHER RESOLVED, That within this intervention process, the State Superintendent of Education shall present this Board with a proposal for the implementation of management controls

5 necessary to restore the Birmingham City Board of Education to a sound financial condition, and shall further appoint a Chief Financial Officer to manage the financial operations of the Birmingham City Board of Education and make associated recommendations to the State Superintendent of Education as necessary to restore the Birmingham City Board of Education to a sound financial condition.

Done this 14th day of June 2012.

In closing remarks, Dr. Bice requested that those in attendance, particularly the media, not lose focus of the Good News Stories within our school systems. He referenced the Career Tech and the Library Media conferences that he had recently attended. Also, the students from Calera High School in the Shelby County School System are preparing to travel to an underdeveloped country(ies) and assist individuals who cannot afford prosthetics. (The students are referenced in the May 10, 2012, State Board minutes.) He said the students will return to a Board meeting to tell of their progress.

President Pro Tem

Secretary and Executive Officer

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