MINUTES

WEST VIRGINIA BOARD OF EDUCATION

Board Conference Room

Capitol Building 6, Room 353

1900 Kanawha Boulevard, East

Charleston, West Virginia

March 9, 2000

I.

President Cleo P. Mathews called the meeting of the West Virginia Board of Education with the Office of Education Performance Audits to order at 8:32 a.m. on March 9, 2000 in Capitol Building 6, Room 353, Charleston, West Virginia. Members present were Vice-President Gary G. White, Secretary J. D. Morris, Sandra M. Chapman, James J. MacCallum, Jim L. McKnight, Paul J. Morris, and Ronald B. Spencer.

II.

In accordance with the provisions of W.Va. Code 6-9A-4(b)(2)(A) and upon motion by Jim L. McKnight, second by Ronald B. Spencer, the Board moved into Executive Session at 8:34 a.m.

The Board returned from Executive Session at 9:44 a.m. President Mathews reported that no decisions were made and no business was transacted.

III.

President Mathews recognized Henry Marockie who issued the following statement:

"A bend in the road is not the end of the road unless you fail to make the turn." After a lifetime in education as a teacher, a local superintendent and almost eleven years of service as the West Virginia State Superintendent of Schools, the time has come for me to make that turn and step aside as West Virginia State Superintendent of Schools. It is my hope that this decision will end the relentless acrimony directed at the state education establishment and the focus will once more be upon providing a high quality education to the students in the public schools of West Virginia.

I have devoted my life to public service. It has been my personal privilege to serve the State of West Virginia, its citizens and students. I am confident that the state of education in West Virginia is better than when I began 11 years ago. For this, we should all be extremely proud.

Finally, I have been blessed throughout my professional life by having enormously bright and capable people surround me - my family, especially my wife, Dr. Mary Marockie, my staff, members of the boards of education which have employed me in Wood and Ohio counties and in state government, outstanding leadership at the Gubernatorial and legislative levels and a great education community.

Therefore, I have asked the State Board of Education to approve my request to step aside as State Superintendent of Schools and be placed in a position of assisting the State Board in the preparation of and testimony in the ongoing hearing in Tomblin v. Gainer, the school finance case which will continue on April 3, 2000 in Kanawha County Circuit Court before Special Judge Arthur Recht.

I am looking forward to working with the State Board, the interim State Superintendent and members of the Department of Education.

Upon motion by Jim L. McKnight, second by Paul J. Morris, as amended by Gary G. White and seconded by Paul J. Morris, the Board accepted the resignation of Henry Marockie as State Superintendent of Schools, effective at the close of business on March 9, 2000, and placed him on special assignment until April 17, 2000, to assist in preparation for Tomblin v. Gainer.

Upon motion by James J. MacCallum, second by Sandra M. Chapman, the Board named David L. Stewart as State Superintendent of Schools effective at the close of business on March 9, 2000.

IV.

President Howard M. Persinger, Jr., called the joint meeting of the Mingo County Board of Education with the West Virginia Board of Education to order at 9:55 a.m. on March 9, 2000, in Capitol Building 6, Room 353, Charleston, West Virginia. Members present for the Mingo County Board of Education were: Vice-President James W. Endicott, M.D., June M. Glover, John W. Preece, Timothy L. Rutledge and Superintendent John T. Mattern. Members present for the West Virginia Board of Education were: President Cleo P. Mathews, Vice-President Gary G. White, Secretary J. D. Morris, Sandra M. Chapman, James J. MacCallum, Jim L. McKnight, Paul J. Morris, and Ronald B. Spencer.

V.

Superintendent Mattern distributed copies of a Mingo County Schools Report dated March 9, 2000 and provided a brief overview of accomplishments to date. Following a mutual discussion of concerns, it was decided that the next joint meeting would take place at the July 2000 regular meeting of the State Board. (Copy appended to Official Minutes, Attachment A.)

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VI.

The West Virginia Board of Education recessed at 10:44 a.m.

Upon motion by James W. Endicott, second by John W. Preece, the Mingo County Board of Education adjourned at approximately 10:44 a.m.

VII.

The Board reconvened at 10:45 a.m. and the regular meeting was called to order.

VIII.

Upon motion by Jim L. McKnight, second by J. D. Morris, the Board approved the minutes of the February 10, 2000 regular/special, February 14-15, 2000 special and February 18, 2000 special meetings. (Copy appended to Official Minutes, Attachment B.)

IX.

Upon motion by James J. MacCallum, second by Sandra M. Chapman, the Board approved the agenda with the following additions: remove Recognitions and Higher Education Report and under Miscellaneous add an Executive Session and a presentation regarding Jobs for West Virginia's Graduates, Inc.

X.

Patricia Cantrell addressed the Board regarding recent news reports involving the State Superintendent and Board.

XI.

Upon motion by James J. MacCallum, second by Paul J. Morris, the Board approved consent agenda items as amended and as recommended and recognized Dr. Barbara Jones for her invaluable assistance to the Board. (Copies appended to Official Minutes, Attachments C-K and addendum.)

For the Month of February 2000

Total Supplements = $18,937,845 Total Transfers = $15,522,952

Board members were provided an update on instructional technology projects in West Virginia. (Attachment D.)

Board members were provided an update on administrative technology projects in West Virginia. (Attachment E.)

Board members were provided an update on Project CATS: Coordinated and Thematic Science. (Attachment F.)

Board members were provided an update on Education First: Our Future Depends on It. (Attachment G.)

Board members were provided an update on Office of Healthy Schools activities. (Attachment H.)

The Board was provided an update on county incidents of harassment includes reports from 43 counties. (Attachment I.)

Board members were provided an update on activities of the HVAC technicians. (Attachment J.)

The Board approved personnel items for the Department of Education and Schools for the Deaf and the Blind as listed in the attachment and addendum. (Attachment K and addendum.)

XII.

Brenda Williams provided the Board an update regarding H.B. 4605. This bill, sponsored by the Governor, will create a "West Virginia Virtual School" within the Department of Education. The purpose of the school is to offer high quality educational courses via the Internet to students in areas where regular course work may not be available. (Copy appended to Official Minutes, Attachment L and addendum.)

XIII.

Bill Luff provided the Board with an update of technical assistance activities being provided

to Lincoln County and the previously identified low performing schools. President Mathews reported that the RESAs stand ready to assist the Department with technical assistant requests.

XIV.

Bill Luff provided the Board a legislative update of education-related House and Senate Bills alive as of March 9, 2000.

XV.

In accordance with the provisions of W.Va. Code 6-9A-4 and upon motion by Paul J. Morris, second by Jim L. McKnight, the Board moved into Executive Session at 12:07 p.m.

The Board returned from Executive Session at 1:20 p.m. President Mathews reported that no decisions were made and no business was transacted.

XVI.

The Cabell County Board of Education seeks approval of an urban waiver of the required acreage for a school site for the construction of the Barboursville-Pea Ridge Elementary School. The best available site is 5.5 acres and the requirements of Policy 6200 for a school with a projected enrollment of 650 is nine (9) acres. This item was tabled at the February meeting. Staff members from the School Building Authority visited the site on January 19, 2000 and agreed that the site is suitable for the construction of the school.

Upon motion by Jim L. McKnight, second by Paul J. Morris, the Board approved Cabell County Schools' request to waive the site acreage requirements of Policy 6200 for the construction of the Barboursville-Pea Ridge Elementary School. (Copy appended to Official Minutes, Attachment M.)

XVII.

Policy 4334, West Virginia Minimum Requirements for Design of Equipment and School Buses is being revised to reflect changes necessary to enhance the safety features of school buses in West Virginia.

Upon motion by Paul J. Morris, second by James J. MacCallum, the Board placed Policy 4334 on public comment until April 14, 2000 for action at the May 2000 meeting. (Copy appended to Official Minutes, Attachment Mc.)

XVIII.

Policy 4336, West Virginia School Transportation Regulations, is being revised to comply with W.Va. Code 18A-2-10. The revision applies to one sentence pertaining to the requirement that local boards of education are required to pay for the physical examinations for school bus operators.

Upon motion by Jim L. McKnight, second by James J. MacCallum, the Board placed Policy 4336 on public comment until April 14, 2000 for action at the May 2000 meeting. (Copy appended to Official Minutes, Attachment N.)

XIX.

Justice Larry V. Starcher administered the Oath of Office for David L. Stewart as State Superintendent of Schools.

XX.

In compliance with W.Va. Code 18-2E-4 and West Virginia Board of Education Policy 7300, the Board was presented the West Virginia Report Cards 1998-1999. This document contains data by school, county, and state for student and personnel characteristics and educational outcomes. (Copy appended to Official Minutes, Attachment O.)

XXI.

The West Virginia Staff Development Advisory Council worked for months to determine needs and craft a coordinated professional development plan for professional educators in West Virginia. Both the State Board and the Legislative Oversight Commission (LOCEA) gave the Council additional time to complete its work and allowed it to present the Master Plan for approval without having issued a proposed plan.

This Master Plan covers the period June 1, 2000 through May 31, 2001. As noted in the Council's February 7 letter to President Mathews, the Council strongly believes that the quality and coordination of professional development in West Virginia has been greatly improved during the 21 months since its work began.

Upon motion by J. D. Morris, second by James J. MacCallum, the Board approved adoption

of the Master Plan for Professional Development. (Copy appended to Official Minutes, Attachment P.)

XXII.

James J. MacCallum distributed copies of a waiver request from Jobs for West Virginia's Graduates, Inc. Until recently, the program did not make certification a prerequisite for employment and two individuals hired within the last two years do not qualify for certification due to their grade point average (G.P.A.).

Upon motion by Jim L. McKnight, second by J. D. Morris, the Board approved the waiver of the G.P.A. requirement for the individuals named in the attachment. (Copy appended to Official Minutes, Attachment Q.)

XXIII.

Upon motion by Jim L. McKnight, second by Paul J. Morris, the Board approved the minutes of the February 10, 2000 meeting as submitted. (Copy appended to Official Minutes, Attachment R.)

XXIV.

Upon motion by J. D. Morris, second by Jim L. McKnight, the Board approved the agenda with the following modifications: postponed action regarding School District Approval Status and School Accreditation Status Based on Follow-up Education Performance Audit of the Summers County School System and an Education Performance Audit of the Brooke County School System and Unfinished Business.

XXV.

County boards are required to ensure that any school issued temporary accreditation status revise its Unified School Improvement Plan to increase the performance of the school to a full accreditation status level. The revised plan must include objectives, a time line, an evaluation component, cost estimates, and a date certain for achieving full accreditation. This plan must be submitted to the State Board for approval. Thirty-five (35) plans were reviewed and acted upon previously by the State Board. Twenty-nine (29) additional plans have been received and reviewed. Staff reviewed the plans to determine that the required elements were included, addressed the performance deficiencies, and the date certain was realistic for achieving full accreditation status. Sixty-four (64) of the 205 temporary accreditation and seriously impaired status schools revised Unified School Improvement Plans have been recommended for approval.

Upon motion by J. D. Morris, second by Sandra M. Chapman, the Board approved the revised Unified School Improvement Plans for twenty-nine (29) schools and upgraded them to conditional accreditation status. (Copy appended to Official Minutes, Attachment S.)

XXVI.

Each county board is required to develop and submit an update to the Unified County Improvement Plan (UCIP) or an equivalent strategic plan to the West Virginia Office of Education Performance Audits by December 31. This plan is based on information from the Unified School Improvement Plans, locally identified needs, and school performance data. The plan specifies strategies for meeting high quality standards and performance measures that have not been met.

The updated plan must be submitted to the State Board for approval. Office of Education Performance Audit staff and Department of Education staff coordinated a review of the 55 Unified County Improvement Plans. The plans were reviewed to determine that the required components were included and addressed any performance or process deficiencies.

The attachment summarizes the components of the individual Unified County Improvement Plans. Twenty (20) plans were recommended for Approval; seven (7) plans were recommended for Approval with Stipulations; twenty-six (26) plans were recommended to be Returned for Revisions and resubmitted at the April State Board meeting; and two (2) plans Approval Pending.

Upon motion by J. D. Morris, second by James J. MacCallum, the Board accepted the recommendations of the Office of Education Performance Audits and Department of Education with regard to the Unified County Improvement Plans and approved 20 plans, approved with stipulations seven (7) plans; returned 26 plans for revisions, and two (2) plans remain approval pending. (Copy appended to Official Minutes, Attachment T.)

XXVII.

The next regular meeting of the West Virginia Board of Education will be held April 13, 2000 at Wheeling Park High School in Wheeling, West Virginia.

XXVIII.

Upon motion by Paul J. Morris, second by James J. MacCallum, the Board adjourned at approximately 2:07 p.m.

Minutes approved by the Board on April 13, 2000.

____________________________________________

Cleo P. Mathews, President

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