July 2014 State Council Meeting Minutes

Interstate Compact on Educational Opportunity for Military Children
California State Council—General Business Meeting
July 22, 2014

California Department of Education
Sacramento, CA 95814

Present

State Council Members: John Burns, Task Force Chairperson; Kate Wren Gavlak, Commissioner; Kelli May, Department of Defense (DOD) Liaison Representative; Jacie Ragland, State Superintendent of Public Instruction (SSPI) Designee; Kevin Powers, Senator Marty Block Designee

State Council Members Absent: Patricia Rucker, State Board of Education; Jerry Dannenberg, State Council Member; Kelly Frisch, DOD Liaison Representative; Assembly Member Al Muratsuchi or Designee

Invited Participants: Annie Arthur; Sylvia Crowder; Renee Montandon; Tamara Streeter; Barbara Pomerantz, California Department of Education (CDE), Peter Stubbs, CDE Legal Counsel.

Welcome and Introductions

• Jacie Ragland, SSPI Designee: Opened the meeting of the California State Council for the Interstate Compact on Educational Opportunity for Military Children (State Council) at 1:01 p.m. at the CDE. She welcomed State Council members present in the CDE Video conference Room and introduced guests attending the meeting.

Commissioner's Update

• Kate Wren Gavlak, Commissioner: Although some documentation still remains to be signed, all 50 states and Washington, D.C. now have adopted the Interstate Compact. This is a huge accomplishment.

• The Military Interstate Children’s Compact Commission (Commission) Annual Business Meeting will be held November 13–15, 2014, in Nashville, Tennessee.

Discussion: Dispute Resolutions Process

• Kate Wren Gavlak, Commissioner: Introduced Peter Stubbs, CDE Legal Counsel. She told the State Council that Lieutenant Colonel Teague Pastel of Virginia had requested that the CDE legal team look into a case involving his fourth-grade son, who completed the fourth-grade math curriculum as a third-grader in Virginia, but was not allowed to study fifth-grade math when his family moved into the Capistrano Unified School District (USD) in California.

• Peter Stubbs, CDE Legal Counsel: Quite some time had passed before he received the case and there are no regulations that require a speedy disposition of such cases. Such disputes normally arise at the beginning of a school year, and it is often too late to make changes by the time the case can be resolved through appeals.

• California’s Uniform Complaint Procedure allows parents to file complaints against educational agencies, and parents can file an appeal of school district decisions. However, this is a long process since the school district has 60 days to respond to complaints, and the CDE also has 60 days to respond to the appeal.

• Many school districts, including the Capistrano USD, have not been made aware of the existence of the Interstate Compact on Educational Opportunity for Military Children (Compact). He said the Capistrano USD had done testing on the student and used its usual procedures.

• Districts need to be made aware of the existence of the Compact, and need to be aware of their obligations to military students relative to Compact regulations. He suggested that county offices of education might be possible adjudicators of such disputes, with the possibility of further appeal to the CDE.

• Kate Wren Gavlak, Commissioner: We referred this case to the National Commission, which then sent it back to California. This is a unique situation. There is nothing in the Compact or the California Education Code (EC) that compels a district to create a program because the student came from a state that had a particular program. The scope of the Compact is limited; it does not cover everything.

• Jacie Ragland, SSPI Designee: Following discussions with State Council members, she has asked Peter Stubbs if he would be willing to join as a member. Since he has agreed to serve, she is putting forward a recommendation that Peter Stubbs be appointed to the State Council.

Approval of Previous Meeting Minutes

• John Burns, Task Force Chairperson: Made a motion to approve minutes from the February 25, 2014, State Council meeting; the motion was seconded by Jacie Ragland, SSPI Designee. The State Council voted unanimously to approve the minutes from the February 25, 2014, meeting.

Discussion Items

Training

• Kate Wren Gavlak, Commissioner: The State Council has discussed trainings and the need to get information out about trainings that will be scheduled. She said she approached the California School Boards Association about doing a presentation at a recent conference, but was turned down, perhaps because it did not fit in with the agenda. She said the State Council may need to approach some other educational associations to do presentations or perhaps have tables with information at meetings.

• Kate Wren Gavlak, Commissioner: Would like the SSPI to send out information about the existence of the Compact and include EC citations to let districts know about its provisions. She also would like information made available about the resources offered through the Compact.

• Jacie Ragland, SSPI Designee: The CDE had not previously put out much information due to political uncertainty at the time California was considering joining the Compact. The CDE had announced meetings of the task force which preceded the State Council, but did not put out any definitive information until the task force put out the first Report to the Legislature in 2009.

• John Burns, Task Force Chairperson: Stated that he believes the CDE announced that legislation had been passed authorizing California to join the Compact, indicating that further information would be forthcoming.

• John Burns, Task Force Chairperson: Many people in school districts have no knowledge of the existence of the Compact or its provisions; he thinks it would be a good idea for the SSPI to send out information to the districts at the start of each school year, informing administrators about the Compact and available resources to assist military families.

List of Organizations and Conference Dates

• Kate Wren Gavlak, Commissioner: Asked State Council members to suggest organizations that might want presentations regarding Compact provisions and resources.

• Barbara Pomerantz, CDE Administrator: The California Consortium on Independent Study might benefit from a presentation, since independent study has the capacity to fill some of the gaps that may result as military students change schools.

• Tamara Streeter, Invited Participant: Stated that she will be meeting with the Military Children’s Coalition and that this group may be interested in more information about the Compact.

• Kevin Powers, State Council Member Senator Block Designee: Would be interested in contacting the California Military Department, a community-based organization composed of the California Army National Guard, the California Air National Guard, the California State Military Reserve, and the California Youth and Community Programs.

Presentation Materials

• Kate Wren Gavlak, Commissioner: It is possible to download materials from the Commission’s Web site to use for presentations.

• Jacie Ragland, SSPI Designee: ToShawne Williams, CDE Analyst, will be able to help link resources from CDE Web pages.

• John Burns, Task Force Chairperson: It is important to have consistency in the use of materials, but cautioned that California’s version of the Compact is somewhat different, so information used in other states may not be transferable.

• Kate Wren Gavlak, Commissioner: Information received directly from the MIC3 will be usable for California.

Commissioner’s Newsletter

• Kate Wren Gavlak, Commissioner: Shared a possible template for a commissioner’s newsletter and asked the State Council to consider what type of content it would like to see. She would like to have a link to the newsletter from the CDE’s Web site, and could possibly offer readers an opportunity to submit information.

• John Burns, Task Force Chairperson: A newsletter should contain links to information, and would provide a form of advertisement for the Compact, as well as a way to announce the next meeting.

State Council’s Appointment of the Military Family Education Liaison

• Kate Wren Gavlak, Commissioner: Wants to wait on the State Council’s appointment of a Military Family Education Liaison because this issue is going to be discussed at the national meeting for commissioners.

• Jacie Ragland, SSPI Designee: The CDE is getting inquiries about the appointment of a Military Family Education Liaison. Right now, California is not in compliance, since this appointment is required by the EC.

• John Burns, Task Force Chairperson: The State Council will need to go on record with its reason for waiting to fill the position, due to the statutory requirement for this position.

• John Burns, Task Force Chairperson: Moved that the State Council defer appointing a Military Family Education Liaison until after the issue has been discussed at the national meeting for commissioners in November.

• Kevin Powers, Senator Marty Block Designee: Seconded the motion.

• Members of the State Council voted unanimously in favor of the motion.

• Kelli May, DOD Liaison Representative: The needs of families can be addressed temporarily by working with members of the State Council. Although some states have had regional liaisons fill in for this role, this is against DOD regulations.

• Kate Wren Gavlak, Commissioner: Stated that she has discussed ideas on how to fill the position with other commissioners; the result was that it will be discussed at the national MIC3 meeting.

• John Burns, Task Force Chairperson: At the national meeting, there will be guidance to help the State Council make a decision as to whom should be appointed and how it should be done.

State Council Member Comments

• Kelli May, DOD Liaison Representative: Thinks it is important that Peter Stubbs respond to the Pastel family’s complaint and let them know there will be follow-up by CDE Legal Counsel.

• Jacie Ragland, SSPI Designee: Responded to a question from Task Force Chairman John Burns, saying the Report to the Legislature required of the State Council has been completed and posted on the CDE Web site.

Next Meeting Scheduled for September/October 2014

• Kate Wren Gavlak, Commissioner: The next State Council meeting will be in October, and the location will be determined at a later date.

Adjournment

• Kate Wren Gavlak, Commissioner: Adjourned the meeting at 2:45 p.m.