Alva Jay Van Wagoner

Sources

1. Obituary, Utah Valley Funeral, August 26, 2019.
2. Vernal ex-teacher jailed for sexual abuse of boy Judge to review his 6-month term after 45 days, Deseret News, July 10, 1999.
3. Utah board revokes 3 teachers' licenses, Deseret News, May 12, 2000.
4. UTAH STATE BOARD OF EDUCATION UTAH STATE BOARD FOR APPLIED TECHNOLOGY MINUTES May 9, 2000, Schools Utah Gov, May 9, 2000.

• 1. Obituary

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  Alva Jay Van Wagoner Obituary
  Alva Jay Van Wagoner, 89, was called home to his Father in Heaven on August 26, 2019. He passed away in his home at Legacy House of Spanish Fork, surrounded by some of his beloved children.
  Jay was born September 02, 1929 in Sunnyside, Utah, to Alvah Ephraim Van Wagoner and Elma Peacock Van Wagoner Miller. He graduated from Jerome High School in 1946 and later graduated from BYU in 1965 with a degree in Education.
  Jay honorably served in the Navy for more than 10 years from 1948 to 1959, serving in Bethesda, Maryland; Camp Pendleton, California and Yokosuka, Japan.
  On February 22, 1949, he married Maxine Humphries in Jerome, Idaho. They were sealed in the Idaho Falls Temple the following year. They later divorced after 57 year of marriage. Together they raised nine beautiful children who inherited their father's love for spending time together as a family and a great love for music.
  Jay was an active member of The Church of Jesus Christ of Latter-Day Saints and served in many ward and stake positions including Stake Mission Presidency, Branch President, home teacher, and his most favorite calling, gospel doctrine teacher. Jay would pack a room when he taught. His love and knowledge of the gospel drew people to him. He was very active in family history and sent thousands of names to the temple. Jay had a passion for music which included singing and playing the piano. He taught his children to love music and every one of his children is musically inclined.
  Jay was a dedicated and passionate teacher for over 20 years. He taught great literature to middle and junior high students, as well as Seminary. Prior to his retirement in 1995, he obtained his master's degree in Education from Brigham Young University. Education was very important to Jay and he was incredibly proud of his children and grandchildren for their efforts in continuing their educations.
  Jay is best known for his love for the gospel and his passion for helping others. He loved studying the scriptures and sharing his knowledge with those he served. He also loved writing poetry and was an avid journal keeper.
  Jay loved gardening and was a master gardener. He was known for his large and meticulous gardens filled with vegetables and flowers. He grew the most beautiful dahlias, irises, and gladiolas. When it was harvest time, Jay could be found in the kitchen canning countless bottles of goods for the winter months. Jay was a great baker. He was known for his famous chocolate chip cookies and his scrumptious homemade breads. One way in which Jay showed his love for his family was when the family would get together, Jay made sure he presented a feast fit for kings!
  Jay is survived by his children: Kristine Quinn, Fruita, CO; Juline Canto (the late Ron Canto), Mapleton, UT; Shirline Tefteller (Glenn), Highland, UT; Michael Van Wagoner (Kate), Mapleton, UT; David Van Wagoner (Sue), Bear River Valley, CA; Mark Van Wagoner (Lynnette), Mapleton, UT; Jon Van Wagoner (Jennifer), Lake Oswego, OR; Lesa Irwin, Port Angeles, WA and Geoffrey Van Wagoner (Crystal), Grand Junction, CO; sister, Larue Sharpe, Twin Falls, ID; brother, Gene Van Wagoner (Norma), Hurricane, UT; brother, Mark Van Wagoner (Natalie), St. George, UT; and 52 grandchildren, 71 great grandchildren and 3 great-great grandchildren who all felt they were grandpa's special grandchild. He was preceded in death by his parents; aunts and uncles; infant son, Matthew Mark; grandson, Michael Shayne Thompson; great grandson in-law, Cory Cloward; great-grandsons, Gabriel and Josiah Prestwich.
  We will miss you father dear, "Grandpa Alva," but we are comforted by the knowledge the gospel provides that you will be near during special occasions and those special times when we need you the most.
  In lieu of flowers, Jay would love for you to make a donation in his memory to The Church of Jesus Christ of Latter-day Saints missionary fund.
  A special thanks goes out to A+ Home Health Care, especially his girl, Kori and her years of dedication and patience, Legacy House of Spanish Fork, especially the wonderful CNA's and Med Tech's who patiently and lovingly served Jay and for those who would share their talent on the keys of his piano, and to his angel daughter in-law, Lynnette Van Wagoner, and her countless hours of service which brought joy and peace beyond measure. We are grateful for anyone who made Jay's life a better and more rewarding 89 years.
  Funeral services will be Saturday, September 07, 2019, at 10:00 AM in the Mapleton 18th Ward chapel, located at 1215 North 1000 West in Mapleton, Utah. There will not be a viewing. A dedication of his grave will be held at Evergreen Cemetery, 2000 South 400 East Springville, Utah.

• 2. Vernal ex-teacher jailed for sexual abuse of boy Judge to review his 6-month term after 45 days

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  VERNAL -- A former English teacher has been sentenced to six months in jail for sexually abusing a 12-year-old child in his home.

  Seventh District Judge Lynn Payne suspended a one-to-15-year prison sentence for Jay Vanwagoner, 69, and will review the six-month jail term in 45 days.The judge said Tuesday he had never received so many letters in support of anyone who had come to his court before as a defendant in a criminal case.

  But the prosecutor pointed out that there wasn't a single letter of recommendation for leniency from parents of an abused child.

  The victim who finally brought Vanwagoner's actions to light last year is still suffering, said Uintah County Deputy Attorney Ken Wallentine.

  "His psychologist has reported there is substantial and long lasting psychological damage done to this young man," he stated. The boy and his family have since moved from the area.

  Prosecutors wanted a year in jail for Vanwagoner, who pleaded guilty to a second-degree felony count of forcible sexual abuse of a child. His attorney said Vanwagoner didn't need jail time, or inpatient therapy, because he has been in counseling, which included sex offender treatment.

  Upon completion of his sentence, Vanwagoner could be released into an inpatient treatment facility for sex offenders. He was also ordered to pay for the counseling costs his victim has incurred, pay a $1,250 fine, register as a sex offender, submit to DNA testing and have no unsupervised contact with boys under 18 years of age.

  Investigators said it was Vanwagoner's position as a respected educator and youth teacher in the LDS Church that made it easy for him to manipulate some of the young boys he taught.

  Prosecutors maintained Vanwagoner had more than one victim.

• 3. Utah board revokes 3 teachers' licenses

  • 20000512
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  Three Utah teachers have lost licenses for unprofessional conduct, according to the state Board of Education.

  Paul C. Noyce, a former teacher in Salt Lake District, lost his license after he was arrested on charges of lewdness and trespassing.Alva Jay Van Wagoner, a retired Uintah District educator, lost his license after a guilty plea of forcible sexual abuse.

  A license revocation lasts for at least five years, after which a teacher can apply for reinstatement.
  View Comments

  The license for David J. Hare, a former teacher in the Salt Lake School District, was suspended for three years for using school district equipment to access pornographic materials off the Internet and a subsequent arrest for disorderly conduct

• 4. UTAH STATE BOARD OF EDUCATION UTAH STATE BOARD FOR APPLIED TECHNOLOGY MINUTES May 9, 2000

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  Page 5:

  "In Case No. 98-450, to revoke the license of Alva Jay Van Wagoner, based upon default. Mr.
  Van Wagoner is a retired Uintah School District educator. This action results from a guilty
  plea by Mr. Van Wagoner to forcible sexual abuse, a second-degree felony. Motion carried
  unanimously."

  ---
  UTAH STATE BOARD OF EDUCATION
  UTAH STATE BOARD FOR APPLIED TECHNOLOGY
  MINUTES
  May 9, 2000
  Minutes of the meeting of the State Board for Applied Technology Education and the State Board of Education held
  May 9, 2000, at the Utah State Office of Education, Salt Lake City, Utah. Meeting commenced at 10:25 a.m. Board
  Chairman Jill G. Kennedy presided.
  Members present were:
  Chairman, Jill G. Kennedy
  Vice Chairman, Kim R. Burningham
  Member Bette O. Arial
  Member Linnea S. Barney
  Member Janet A. Cannon
  Member Cheryl Ferrin
  Member Greg W. Haws
  Member Susan C. Henshaw
  Member C. Grant Hurst
  Member Boyd F. Jensen
  Member Judy Larson
  Member Denis R. Morrill
  Member Joyce W. Richards
  Member Marilyn Shields
  Member Lynn Haslem was excused.
  Also present were:
  Executive Officer Steven O. Laing
  Deputy Superintendent Gary L. Carlston
  Associate Superintendent Robert O. Brems
  Associate Superintendent Patrick Ogden
  Associate Superintendent Jerry P. Peterson
  Executive Director, USOR, Blaine Petersen
  Public Information Officer, Eileen Rencher
  Board Secretary Twila B. Affleck
  Also present for portions of the Board meeting were:
  Members of the Press:
  Maria Titze, Deseret News
  Beth Dove, Standard Examiner
  Kathy Kapos, Salt Lake Tribune
  Gary Ricks, Legislative Fiscal Analysts Office
  Mike Kjar, Legislative Fiscal Analysts Office
  Race Davies, Governor's Office of Planning & Budget
  Con Rowley, Governor's Deputy for Education
  Lauri Updike, Utah Eagle Forum
  Members, Utah State Office of Education staff:
  Kathy Berg, Agency Services
  Kristie Fink, Instructional Services
  Vicky Dahn, Instructional Services
  Nan Gray, Instructional Services
  The Board repeated the Pledge of Allegiance.
  Board Member Susan C. Henshaw offered the reverence.
  Twila B. Affleck recorded the minutes.
  Chairman Kennedy excused Board Member Lynn Haslem.
  Board Committee Reports
  Curriculum & Instruction Committee
  Board Member Marilyn Shields, Chairman of the Curriculum and Instruction Committee presented the following
  recommendations from the Committee:
  Alternative Language Services (ALS), Rule R277-716
  The State Board of Education in preparation for the 2000 Legislative session prioritized a
  building block request of $500,000 "to assist districts in their staff development efforts in
  teaching literacy to students whose primary language is other than English." The building
  block was funded with an increase to the existing ALS line. This rule will provide a
  mechanism to hold $500,000 separate from the formula monies to support staff development.
  (For complete details of the rule, see General Exhibit No. 8345.)
  The Committee approved the rule on first reading and moves that the State Board of Education
  approve Rule R277-716, Alternative Language Services on second reading. Motion carried
  unanimously.
  Education Programs for Students with Disabilities, Rule R277-750
  The rule supports a re-write of the special education rules which have been developed to
  conform to the federal Individuals with Disabilities Education Act (IDEA) regulations. It will
  bring Utah public schools in conformity with federal guidelines and establish the State Board
  administrative rule as the process for special education in Utah public schools. (For complete
  details of the rule, see General Exhibit No. 8346.) Dr. Mae Taylor indicated that information
  has been received from several groups during the public comment period. The comments will
  provide some wording changes in the rule, but are not substantive. Recently comments were
  also received in written format suggesting that clarification be given concerning the use of the
  term emotionally disturbed. These changes will be made. Also, to allow a 60-day period for a
  hearing to resolve a dispute dealing with the placement of a student. Another question for
  clarification was in the deaf and blind areas. The changes will occur in the final copy of the
  rule in June. An additional request was made to extend the public comment period until May
  15.
  The Committee approved Rule R277-750, Education Programs for Students with Disabilities
  on second reading, and moves that the public comment period be extended until May 15 th .
  Motion from the Committee that the rule be approved on second reading extending the
  comment period until May 15 th .
  Member Grant Hurst commented that with the anticipated changes and revisions of IDEA, he
  questioned whether or not our staff has addressed these issue of the changes IDEA might have
  on this rule? He further commented that IDEA has some impact both on Title I and other
  issues that may flow down in the funding of this function. He suggested that before it is
  finalized they look at this. This legislation may be heard in Washington in May or June.
  Associate Superintendent Jerry Peterson, commented that there has been an attempt to bring
  these rules in conformity with IDEA as much as possible with the data that is available.
  Member Janet Cannon commented that the committee had received material with respect to
  the proposed changes and public comment and requested that the remainder of the board
  members also receive this material prior to the third reading.
  The Board received this material prior to the end of the meeting. (For complete details, see
  General Exhibit No. 8347.)
  Member Hurst also requested general information on funding functions as far as Utah goes for
  him to take to a Special Education Conference sponsored by NASBE in Las Vegas. Motion
  carried unanimously.
  School Instruction and Human Sexuality, Rule R277-474
  This rule was written to formalize Board policy and locate all references to the instructional
  process dealing with Human Sexuality in one rule. Teachers and administrators in Utah public
  schools will become familiar with the rule and the importance of following it, assuring
  conformity with the law in Utah public school classrooms. (For complete details, see General
  Exhibit No. 8348.)
  The Committee approved Rule R277-474, School Instruction and Human Sexuality on second
  reading. Motion from the committee that the State Boards of Education adopt Rule R277-474,
  School Instruction and Human Sexuality on second reading.
  Member Greg Haws requested a review with regard to the legislation that was passed and we
  requested the Governor to veto, and how this rule solves the problem we had with that.
  Superintendent Laing responded that there was legislation proposed that would have restricted
  any instruction in human sexuality to abstinence only. The concern that exists is that there are
  too many students for whom that is already a decision that has long since passed. The
  curriculum we have in place deals with abstinence and is abstinence based stressing
  abstinence before marriage and fidelity after marriage. With regard to prevention of diseases,
  it also talks about those means that have been shown to have some effect, either in the
  prevention of disease or in pregnancy. In concern for the number of students for which that
  decision has passed and concern of perpetuation of myths and misunderstanding of other
  means of preventing pregnancy or limiting the transmission of diseases, the Board felt it was
  important that we have these other areas covered, factually based. The request was made
  encouraging the Governor that perhaps that bill would best be vetoed. In so doing, the
  Governor felt that was a wise thing to do but wanted some assurances that some of the
  concerns that had lead to the passage of the bill would be addressed with a Board rule about
  how the instruction is given. In that negotiation process there were six items identified, and
  the rule was developed addressing those six items. The six items were: a review committee at
  the local level, a consistent and uniform notification that specifically identified topics to be
  covered and giving parents the opportunity to approve the instruction for their students or opt
  out of the instruction; and inservice and professional development for educators about
  teaching these sensitive subjects. The rule will now govern the procedures and processes
  around providing instruction in the curriculum. Dr. Laing emphasized that the rule does not
  alter the curriculum which was previously adopted by the Board.
  Associate Superintendent Jerry Peterson, added that the parental permission slip will become
  active rather than passive and suggests that if the slip is not on file, instruction is not given to
  the student. Member Marilyn Shields commented that the committee felt this is a well written
  document and expressed appreciation for the many hours that have gone into it. They felt it is
  something we can move forward with.
  Member Cheryl Ferrin requested that the Board receive a copy of the permission slip.
  Chairman Kennedy indicated that the permission slip needs to be approved by the Board next
  month. Member Ferrin also noted that there is a provision in the rule for complaints and she
  questioned the process for the Board to review them. Superintendent Laing responded that the
  complaints would be dealt with at the school and district level and then collected at the end of
  the year by the State Office and reported to the Board on an annual basis.
  Member Bette Arial complimented the staff and the Board on this rule. She indicated she feels
  confident in the concerns expressed. She further commented that she valued the students, and
  we all take this stewardship very seriously.
  Motion carried unanimously.
  Planning, Finance and Legislation Committee
  Board Member Judy Larson, Chairman of the Planning, Finance and Legislation Committee presented the following
  recommendations from the Committee:
  Standards and Procedures for Building Plan Review, Rule R277-455
  The modification to the rule clarifies the criteria for approval of proposed school building sites
  by the State Superintendent. More specifically, it clarifies that staff from the Utah Geological
  Survey must review and recommend approval of the geologic hazards report provided by the
  school district geotechnical consultant; further, that the school district must have a procedure
  to review geologic hazards in screening potential school facility sites prior to acquisition of
  the property. School districts may contract with the Utah Geologic Survey for the review of
  geologic hazards in screening sites, or may choose to contract with other qualified
  geotechnical consultants for these services. The recommended language puts into rule current
  practice. (For complete details of the rule, see General Exhibit No. 8349.)
  The Committee approved the rule on first reading and moves that the State Board of Education
  approve the amendments to Rule R277-455, Standards and Procedures for Building Plan
  Review on second reading.
  Kim Burningham, questioned the cost to the districts for this service. Larry Newton responded
  that it is approximately $400 starting July 1. In the past the Geological Survey has provided
  this for free, but the 2000 Legislature established the cost.
  Motion carried unanimously.
  Educator Licensing Committee Agenda
  The Committee reviewed the recommendations of the Utah Professional Practices Advisory
  Commission and moves that:
  In Case No. 91-256 the Board accept a stipulated agreement whereby Paul C. Noyce, a former
  teacher in the Salt Lake City School District, voluntarily surrenders his teaching license for
  revocation. This recommendation results from Mr. Noyce's arrest for lewdness and subsequent
  arrest for trespassing in violation of his plea agreement. Motion carried unanimously.
  In Case No. 98-450, to revoke the license of Alva Jay Van Wagoner, based upon default. Mr.
  Van Wagoner is a retired Uintah School District educator. This action results from a guilty
  plea by Mr. Van Wagoner to forcible sexual abuse, a second-degree felony. Motion carried
  unanimously.
  In Case No. 99-455, to reinstate the educator license of Bert Cordell Hansen, a former teacher
  in the Morgan School District. Mr. Hansen's license was suspended on March 12, 1999.
  Member Larson indicated there was a lengthy discussion in the committee about why the
  license had been suspended and whether or not there had been enough time for rehabilitation
  of this individual for the offense. It was noted that the suspension was for internet abuse.
  Following the discussion the Committee felt comfortable with the recommendation.
  Member Greg Haws indicated he was very uncomfortable taking action to reinstate the license
  without knowing the reasons for the removal of the license and for the reinstatement. He
  suggested that in the future it would be helpful to have a brief description stating the reasons.
  Motion carried unanimously.
  In Case No. 00-494, the Board accept a stipulated agreement whereby David J. Hare, a
  former teacher in the Salt Lake City School District, voluntarily surrenders his teaching
  license, in lieu of a hearing, for purposes of suspension for at least three years by the State
  Board of Education. This suspension results from his use of school district equipment in a
  classroom to access pornographic material off the Internet and an arrest for disorderly
  conduct. Member Larson noted that in the committee discussion there was a question on the
  three-year time limit. She indicated that the three years does not guarantee a hearing, but is the
  first time he could request it, and if there is a rehearing there would need to be a
  psychological evaluation. Motion carried unanimously.
  The Committee reviewed the Requests for Temporary Authorizations as submitted by the
  School Districts and moves approval of the Requests.
  Member Joyce Richards voiced concern with the number of requests and the need to look at
  the reasons for not having licensed teachers in these teaching positions.
  Motion carried unanimously.
  (For complete details of the Educator Licensing Committee Agenda, see General Exhibit No.
  8350.)
  Dual Enrollment, Rule R277-438
  This rule will provide dual enrollment standards that work cooperatively with the Utah High
  School Activities Association, and will provide clear direction to school districts regarding
  dual enrollment for students with disabilities. (For complete details of the rule see General
  Exhibit No. 8351.)
  Member Larson noted that one Board Member who is not on the committee had asked why
  accredited was changed to regularly established on Item I under definitions. The reason is that
  some home and private schools are not accredited. The language was meant to be used
  throughout the document except where it deals with credit.
  Member Larson noted another concern in the wording on 277-438-4(d)(4), and with 277-438-
  5 the underlined part the committee wishes to strike that. The Committee felt they needed
  further clarification and approved the rule on first reading, and it will be brought back to the
  Board at the next meeting.
  Educational Services Outside of Educator's Regular Employment, Rule R277-107
  This rule will provide direction and parameters for public education employees who provide
  or participate in education-related services outside of their public education employment, and
  to comply with recently enacted legislation. (For complete details of the rule, see General
  Exhibit No. 8352.)
  The Committee approved the rule on first reading and recommended that it be offered for
  limited public input from the Utah Education Association and the legislator who wrote the
  legislation. The rule will be returned to the Board next month.
  Applied Technology and Rehabilitation Committee
  Board Member Linnea S. Barney, Chairman of the Applied Technology and Rehabilitation Committee presented the
  following recommendations from the Committee:
  Comprehensive Emergency Response Plan, Rule R277-400
  The amendments to this rule provide direction and parameters for local school boards to revise
  and expand their Emergency Preparedness Plans with a new emphasis on preventing and
  combating violence. (For complete details, see General Exhibit No. 8353.)
  The Committee approved the amendments to the rule on first reading and moves that the State
  Board for Applied Technology Education approve Rule R277-400, Comprehensive
  Emergency Response, on second reading.
  Member Cheryl Ferrin commented that the Weber School District has a wonderful
  community-based plan, and they are willing to go to any district to help them as they develop
  their plans.
  Superintendent Laing indicated that the law indicates we will do a survey of the district plans
  and compile the resources and share the information.
  Discussion ensued relative to the district plans currently in place and how the districts are
  taking this very seriously.
  Member Denis Morrill commented that the prevention and intervention is very important, but
  the legislature has not given the districts or schools the tools with which to do it. He indicated
  that saying it won't make it happen.
  Member Linnea Barney suggested that we should incorporate in the plan something for
  intervention after the fact.
  Motion to approve on second reading carried unanimously.
  Technology, Life and Careers/Work-based Learning, Rule R277-916
  When originally written the rule specified a funding distribution to school districts based on
  weighted pupil units. With the upward adjustment of the WPU in FY 2001, and no funding
  adjustment to this program, changes in the rule are proposed which substitute actual funding
  amounts for formerly specified weighted pupil units. (For complete details of the Rule, see
  General Exhibit No. 8354.)
  The Committee approved the rule on first reading and moves that the State Board for Applied
  Technology Education approve Rule R277-916, Technology, Life and Careers/Work-based
  Learning on second reading. Motion carried unanimously.
  Tuition Adjustments in ATCs/ATCSRs
  The State Board officially sets the tuition adjustments for ATCs and (consulting with higher
  education) the tuition for ATCSRs. During the last legislative session there was mounting
  pressure to increase this tuition in conjunction with legislative allocations. The adjustment of
  five cents in tuition will assist in increasing revenues to operate programs in ATCs/ATCSRs.
  Member Barney indicated that there was a lot of discussion on the ramifications this may have
  and what it will mean to the students and employers. Currently the average student who pays
  $1,239/year this year would then have to pay $1,319 next year, an increase of about 8%.
  However, this is the first time in three years that there has been a proposal to increase tuition,
  and most everyone felt it should be changed, but with great concern. Member Barney also
  indicated that alternate sources for funding were also discussed such as federal grants,
  scholarships, etc.
  Motion from the Committee that the State Board for Applied Technology Education approve a
  tuition adjustment for ATC/ATCSR adult students from the present $.85 per hour to $.90 per
  hour.
  Member Boyd Jensen questioned why on the five cents, why not go up to $1.00. Associate
  Superintendent Rob Brems explained that the concept of $1 was explored It was the strong
  recommendation from all of the ATC/ATCSR boards to approach this with extreme caution
  because the adult students at the ATCs are probably the least able to pay their tuition, and
  support systems are diminishing.
  Motion carried unanimously.
  Utah Association for Career and Technical Education
  The Utah Association for Career and Technical Education (formerly the Utah Vocational
  Association) is the professional association for Utah applied technology educators. UACTE is
  a state-level affiliate for the Association for Career and Technical Education (formerly the
  American Vocational Association). The Association has numerous divisions each with a focus
  on specific applied technology education areas such as business and family and consumer
  sciences. In the past several years, several changes have taken place with UACTE making it a
  more viable source of professional development for Utah teachers.
  Ms. Ann Decker, current UACTE President and Mr. Brian Palfreyman, UACTE Executive
  Director, provided an update to the Committee on current issues and activities.
  The Committee received the update report from the Utah Association for Career and
  Technical Education.
  Board Meeting
  Executive Officer Report
  Superintendent Steven O. Laing presented the following items for Board information:
  Presidential Scholars Program Six Utah students have been recognized as semifinalists in the 1999
  Presidential Scholarship Program. They are chosen on basis of their accomplishments in many areas -
  academic and artistic success, leadership, and involvement in school and the community. From nearly 2.5
  million graduating high school seniors, approximately 2,600 students were identified as candidates and
  only 500 semifinalists have been selected from across the country. The six Utah students are Benjamin F.
  Allen, Lone Peak High School, Adryon O. Burton, Rowland Hall-St. Marks School, Darci Rhoades,
  Murray High School, Jennifer Simpson, Skyline High School, Patrick A. Thronson, West High School and
  Devren A. Yener, Logan High School. A letter congratulating them was sent on the Board's behalf.
  Utah State Office Staff Recognitions Martha Ball has been named the nations top American History
  Teacher by the National Society of the Daughters of the American Revolution. She is a teacher in the
  Jordan School District but is also working with us on the 3R's project.
  Robert Abram, computer programmer in District Computer Services has been published because of
  some work he has done entitled FoxTalk. The article discusses ways for programmers to automatically
  configure a database connection, on a client machine, to a centralized database server. Automating the
  connection to the database serve relieves the LAN Administrator from manually configuring each machine
  that will use the database server.
  Kristie Fink, Character Education Specialist has been appointed to the Board of Directors of the
  Character Education Partnership in Washington, DC. As a member of this prestigious committee she was
  also asked to chair a committee to write character education language into the Malcolm Baldridge Award.
  The Department of Commerce integrated much of the language into the new award criteria for education.
  The Malcolm Baldridge Award is the most sought after award in the corporate world and is given out at
  the White House by the President. A copy of the brochure was distributed.
  Barbara Lawrence, Director of Assessment has been named a National Fellow for the National
  Assessment of Education Progress.
  Dr. Laing distributed a "Media Advisory" which talks about two schools who are being recognized for
  their work in Service Learning. Harley Paulson is the specialist who works with Service Learning. The
  schools, Evergreen Jr. High in Salt Lake City and Box Elder Community High School in Brigham City,
  were two of 66 schools across the country named as National Service-Learning Leader Schools for
  Excellence in Service-learning. The Presidential Award recognizes outstanding schools that combine
  academics with community service in a way that benefits students, teaches civic responsibility, and
  strengthens communities. Mr. Paulson distributed a pamphlet regarding Service Learning.
  West Desert Trust Lands Exchange Dr. Laing reported that the Board had received a copy of a position
  statement on the West Deseret Trust Lands Exchange. He indicated that this is still dynamic and there is a
  meeting later this week to prevent a revision of the position statement. He asked the Board to review the
  position statement and if there is anything in it that we should be aware of when we attend the meetings to
  please give him a call. We are looking at trying to trade out some of those trust lands so they may be more
  productive and contribute more aggressively to the trust.
  English Only Referendum Last month the Board asked for a legal opinion relative to the initiative for
  English as the Official Language. Some of the issues raised by the Board and others were included in a
  letter to the Attorney General asking for an opinion. The request asked for some relatively technical terms
  surrounding the opportunity or ability of the Board to complete its work around the programs it can offer
  that deal with languages other than English. The questions were more of a relatively technical nature
  around: "Can we do our work with communicating with parents about those programs? Can we
  disseminate information relative to things like fee waivers, family education rights and privacy act, etc.?
  Can we deal with parents of young people who are not yet students, like pre-school students, in languages
  other than English? There is one clause in the initiative that seems to say you can talk to parents, but not
  to students in languages other than English. We are trying to get a fix on the degree to which this
  initiative, if it were to pass, would impact education and the State Boards roles and responsibilities. Dr.
  Laing indicated that we do not anticipate receiving an official Attorney General opinion, but we will get a
  response from the office. This response will probably come some time in the summer. This would not be a
  problem because the proximity to the election would be closer and perhaps the Board's position and
  discussion would be more forceful.
  Chairman Jill Kennedy commented that when it was presented it was represented that the State Board and
  Board of Regents were exempt, and she did not feel that was what the initiative said. She asked her
  husband, who is an attorney, and he felt the same. She also felt that postponing the discussion until later in
  the year would be more appropriate.
  Elementary & Secondary Education Act (ESEA) Reauthorization Superintendent Laing indicated that
  Board members have been receiving communications from the National Association of State Boards of
  Education (NASBE) relative to ESEA. There are some concerns that have been raised and we have been
  in contact with people in our congressional delegation offices in Washington.
  Deputy Superintendent Gary Carlston who is also the federal liaison reported that this last week he was in
  Washington, D.C., and had opportunity to discuss some of these issues with Gordon Aumback, Executive
  Director of the Council of Chief State School Officers (CCSSO). He has been involved in education for a
  very long time and he indicated that the reauthorization of ESEA is the most significant debate about
  public education in fifty years at the federal level. This is not something to think they are going to just
  reauthorize under the current conditions that we have been operating under.
  Dr. Carlston reported that the House and the Senate have each addressed it differently. The House took it
  on as four or five separate bills, whereas, the Senate took it on as one large bill. This will be a long road
  between the time it gets finished, if it does this year, to getting agreement from the Senate and the House
  and the Clinton administration. There are some dynamics at work including this is an election year, there
  is a lot of discussion about accountability, flexibility, roles of various state entities, i.e. governance issues
  coming to the states.
  Dr. Carlson further reported that on the governance issue, there are conflicting messages that are coming
  out. However, generally speaking on the basic programs like Title I, the constitutional role of the State
  Agency is in place. As we have talked with the Senate offices, for example, the governance issue is
  generally solved in their minds that the money will go to whomever the states' Constitution directs. As the
  discussion is extended out it becomes less clear, especially on initiatives like Straight A's.
  Dr. Carlson indicated that we in Utah have some concerns about Title I. It is currently appropriated to
  states based on poverty as defined by census and per pupil expenditure. There is also a hold harmless
  aspect to the Title I funding. He indicated that it is very important for us to hold on to the hold harmless
  provision because according to census data our poverty has declined by 20%. In working with Senator
  Hatch's office they wanted to know if we had other indicators of how it might have effected our pool. We
  have indicated to them that our free and reduced lunch has a direct impact. Dr. Carlston further indicated
  that if the formula is changed, and right now it is our understanding that the Senate version, indicates there
  are amendments to drop off per pupil expenditure, and we lose the hold harmless provision, we will loose
  significantly.
  Dr. Carlston provided the effects on our funding from the hold harmless clause.
  Dr. Carlston further reported that the second issue regarding Title I is "portability," or the money
  following the student. It sounds like a good provision, however, what it means is that if the family of a
  student who is in a school that has been identified as low performing, and not making changes, that
  students family can choose another public school and the money will follow. However, it makes an
  assumption that the student leaving the school is also receiving Title I services, and the student may or
  may be not receiving the services. Dr. Carlston recommended that this should be opposed.
  Superintendent Laing commented that portability would probably be more palatable if Title I were funded
  fully. Since it has not, the formula has allowed it to be concentrated in those schools where the highest
  concentration of disadvantaged students have been. You have students now who are not receiving Title I
  services because they may be in a school that doesn't qualify under the formula for concentration and yet
  if portability comes in you could spread those funds out to where they become very negligible in doing
  something for those students.
  Dr. Carlson reported that we would lose $7.5 million if the hold-harmless provision is taken away. He
  indicated that we are working with both of our Senators' offices on this issue.
  Board Member Grant Hurst indicated that the bigger issue is that the formula is flawed to begin with.
  There is a moving group of people in the House who are convinced that Title I, as it is now being applied,
  is having little, if any, impact on the targeted audience. One of the issues he feels we might want to
  concentrate on is changing the whole basis of Title I and spreading it out on the broader basis.
  Straight A's Academic Achievement for All Dr. Carlston reported that this is a block grant from the
  federal government to the state and is designed in theory to provide flexibility. There are two versions one
  from the House that includes all 50 states; the one from the Senate is an inclusion of 15 states on a
  demonstration basis. The idea is that they will give the state some money, the state will make an
  accountability or performance agreement with Secretary of Education, and the states will spend the money.
  Dr. Carlston indicated that there are governance issues that need to be addressed in this. For example, the
  word "state" is used, and the FDA or state office or state board of education is not used, and it looks like it
  could go to the Governor or the Legislature for distribution and responsibility.
  Board Member Janet Cannon reported that when she visited Senator Bennett's office she was told they had
  cleaned things up in terms of the governance issue to indicated that the constitutionally organized body
  responsible for state education funds, which would mean in Utah they would come to the State Board of
  Education.
  Dr. Carlston indicated that in working with both senate offices that is exactly what they have shared with
  us. However, information received from CCSSO is in conflict with that, as well as questions on the
  governance issue. He felt that this is not fully resolved, and it needed to be dissected and watched very
  carefully.
  Member Grant Hurst commented that on the basis of effort, if we could just get the issue of the formula,
  even a percentage factor of the formula, our numbers go up dramatically because of the percentage of our
  total state budget that is being spent for education versus a state like New Jersey that is outspending us 3.5
  times and only spending 25-28 percent of their total budget on public education, where Utah spends 46
  percent, and we are only able to spend $3,500 per student.
  Title II Teacher Empowerment Act Dr. Carlston reported that this takes class size money which goes to
  the districts and the Eisenhower monies and rolls them into one. We have some real concerns about the
  combination. Secondly, the governance issue is less clear.
  Dr. Carlston indicated that this information is all dynamic, and it all might be derailed by the gun debate
  introduction. He recommended that the Board may want to take some action with regard to responding to
  these issues.
  Superintendent Laing indicated that these concerns that still exist and we are getting mixed messages from
  different groups, who are all watching these in our behalf. He indicated that as Board members are
  interacting with NASBE and other groups they should raise these concerns on governance, and the hold
  harmless issues.
  Chairman Kennedy suggested that a position statement be developed relative to these issues. For example,
  a sample letter for Board members to send on their own to the congressional delegation in Washington.
  Member Janet Cannon commented that when she was talking with Hatch's office on these issues, they
  indicated that they have to find other states who are in similar situations to ours and try to get a coalition
  with those states so that when an amendment is put forward to change the Title I formula to a state effort
  basis, we know who to contact and who are friends are. She suggested that if that kind of information is
  available at the State Office the Board would have an opportunity to connect with the people from those
  other states as they attend NASBE and other national meetings.
  Motion was made by Member C. Grant Hurst and seconded by Member Judy Larson to request staff to
  prepare an official position on these issues, and develop information available to enable the Board to
  determine its natural allies in this formula issue. Motion carried unanimously.
  Goals 2000 Dr. Carlston indicated that the Goals 2000 issue is still up in the air but it will likely to be
  repealed.
  Member Bette Arial suggested that as Media Advisories and other positions of the Board are prepared on
  letterhead and sent out that they be e-mailed to the Board.
  Board Goals Dr. Laing distributed the Board goals as they have been synthesized from the retreat. He
  also distributed a draft which included the Board's input and synergy from others. Dr. Laing highlighted
  the major points of the documents. Dr. Laing indicated that we will use this as the skeleton to develop a
  strategic plan to submit to the legislature. He requested that if Board Members had further suggestions or
  refinements to please get them to him or Twila within the next week. (For complete details of the
  documents, see General Exhibit No. 8355.)
  Dr. Laing reported that the Utah School Boards Association has allowed us five minutes during their
  regional meetings in June to present this information. Dr. Laing requested that Board Members attend
  these regional meetings and present this information.
  Board Chairman Report
  ATE Awards Luncheon Chairman Kennedy reported that a number of Board Members attended the
  ATE Awards Luncheon last week. She expressed appreciation for the support from Board Members.
  Chairman Kennedy indicated that 104 scholarships were given out to students who do not have an
  opportunity for other scholarship money. These are great kids, they know what they want to do, their goals
  are in place and they are on their way to accomplishing them.
  Member Marilyn Shields also commented on the awards luncheon and it was a well organized and
  wonderful occasion.
  Chairman Kennedy noted that there will be three Board Members attending the Special Education
  Conference next week in Las Vegas, Nevada sponsored by NASBE. Member Grant Hurst noted that the
  NASBE Resolutions Committee will be meeting in Alexandria in June. He requested that if anyone has
  issues they would like discussed to please get them to him.
  Member Linnea Barney distributed a paper from Gordon Whiting from BYU with regard to ignorance.
  Member Janet Cannon reported that the Nominating Committee for the School and Institutional Trust
  Lands Board met last week. She and Board Member Lynn Haslem represent the Board on that
  Committee. There is a position open, and it was the consensus of the committee that both names that were
  given to the Governor were people who had backgrounds that were strong in knowledge of coal and coal
  deposits and mining in Utah. The committee felt this was an area that has not previously been strongly
  represented on that board.
  General Consent Calendar
  Motion was made by Member Susan C. Henshaw and seconded by Member C. Grant Hurst to approve the General
  Consent Calendar as presented. Motion carried unanimously.
  1. Minutes of Previous Meeting
  Minutes of the Meetings of the State Board for Applied Technology Education and the State
  Board of Education held April 11, 2000.
  2. Contracts
  The following Contracts were approved by the Board:
  (A) Asay Advertising. $13,000. 12/14/99-11/30/2000. Amend. - Fed.
  Legislative mandate to develop a multimedia campaign focusing on current labor
  market information and the excellent training opportunities available through
  applied technology education. The campaign goal is to improve the awareness of
  job opportunities and skills necessary to compete in a global economy.
  (B) WESTED. $14,000. 4/15/00-6/30/00. - Amend.
  Create a correlation between items on the assessments and the standards and
  objectives of the related Core Curriculum, analysis of upper level math CRTs,
  and benchmarks for remaining grade levels in mathematics and reading/language
  arts. Review technical documentation and evaluate the technical qualities of the
  assessment instruments. Prepare a report evaluating the overall adequacy of the
  assessment materials.
  (C) Utah Association for the Deaf, Inc. $4,250-$4,750. 4/1/99-10/31/200 RECEIVABLE
  Provide space for the Utah Association for the Deaf (UAD) Bookstore for
  individuals who are deaf, hard of hearing or speech impaired.
  (D) Utah State University. $24,149.88. 5/1/00-4/30/03. - Amend. - Fed.
  To extend the lease of office space for the Division of Rehabilitation Services,
  Vernal office located at 1680 West Highway 40, Suite 1060 (Ashton Energy
  Building), Vernal, Utah.
  (E) Washington County School District. $13,798. 7/1/00-6/30/2001. - Amend. - Fed.
  To provide funding for a Transition Facilitator to provide for transition services to
  Special Education and 504 Students in the Washington County School District.
  This target population is comprised primarily of Vocational Rehabilitation clients
  and potential Vocational Rehabilitation clients.
  (F) Kane County School District. $6,615. 7/1/00-6/30/2001. - Amend. - Fed.
  To provide funding for a Transition Facilitator to provide for transition services to
  Special Education and 504 Students in the Kane County School District. This
  target population is comprised primarily of Vocational Rehabilitation clients and
  potential Vocational Rehabilitation clients.
  (G) Iron County School District. $9,883. 7/1/00-6/30/2001. - Amend. - Fed.
  To provide funding for a Transition Facilitator to provide for transition services to
  Special Education and 504 Students in the Kane County School District. This
  target population is comprised primarily of Vocational Rehabilitation clients and
  potential Vocational Rehabilitation clients.
  (For complete details of the Contracts, see General Exhibit No. 8356.)
  3. State Textbook Commission Recommendations
  On April 14, 2000 the Utah State Textbook Commission recommended over 350 titles for
  approval from the attached printout. The Commission also recommended that the State Board
  accept the bids received from the publishers and direct staff to award contracts to the
  publishers to furnish instructional materials to the schools of Utah. (For complete details of
  the recommendations, see General Exhibit No. 8357.)
  The State Board of Education adopted the instructional materials as recommended by the Utah
  State Textbook Commission and directed staff to award contracts to the various publishers.
  4. Council of Chief State School Officers Dues
  The invoice for the Council of Chief State School Officers Dues and Assessments in the
  amount of $23,858 for fiscal year 2001 was approved. (For complete details, see General
  Exhibit No. 8358.)
  5. Ratification of Employment
  David H. Steele was ratified as an Educational Coordinator, Program Development and
  Support Services in the Planning and Project Services Division.
  6. Pinnacle Canyon Academy Charter Request
  The Pinnacle Canyon Academy, a K-7 charter school in Price, has requested approval to
  extend their curriculum to provide services for eighth grade students. The Board has
  previously permitted enrollments for the seventh grade students. They anticipate 20 students
  would take opportunity of this request.
  The State Board approved Pinnacle Canyon Academy's request to extend offerings to eighth
  grade students beginning the 2000-2001 school year.
  7. Claims Report
  The Claims Report in the amount of $138,836,484.06, ending April 30, 2000, was approved by
  the Board. (For complete details, see General Exhibit No. 8359.)
  Executive Session
  Motion was made by Member C. Grant Hurst and seconded by Member Bette O. Arial to move into an Executive
  Session for the purposes of discussing personnel or potential litigation issues. The Board was polled and by unanimous
  consent of those present the Board moved into an Executive Session during lunch at 12:55 p.m.
  Motion was made by Member Susan Henshaw and seconded by Member Cheryl Ferrin to reconvene into open
  meeting. Motion carried unanimously.
  The Board reconvened at 1:25 p.m.
  Open Meeting
  Disability Determination Services Advisory Council
  Motion was made by Member C. Grant Hurst and seconded by Member Cheryl Ferrin to appoint Holly
  Balken, Mark Smith, Leona Lancaster, Rosemary Lysaught to the Disability Determination Services
  Advisory Council. Also to appoint David Melville, Michael Welker and Michael Jayme as Alternates to
  the Disability Determination Services Advisory Council. Motion carried unanimously.
  NASBE (National Association of State Boards of Education) Board of Directors
  Motion was made by Member Janet A. Cannon and seconded by Member Bette O. Arial that the Utah
  State Board of Education support the following nominees for the NASBE Board of Directors: President,
  Corine Hadley; Vice President, Betty Preston; and Western Area Director, Marilyn Shields. Motion
  carried unanimously.
  Motion was made by Member C. Grant Hurst and seconded by Member Judy Larson to adjourn the regular meeting to
  an open study session for the purpose of discussing assessment issues.
  Meeting adjourned at 1:30 p.m.