MINUTES

Emergency Meeting of

WEST VIRGINIA BOARD OF EDUCATION

at

Board Conference Room

Capitol Building 6, Room 353

1900 Kanawha Boulevard East

Charleston, West Virginia

July 31, 2000

I.

President J. D. Morris called the meeting of the West Virginia Board of Education to order at 4:02 p.m. on July 31, 2000, in the State Board Conference Room, Capitol Building 6, Room 353, 1900 Kanawha Boulevard East, Charleston, West Virginia. Members present were Vice-President Jim L. McKnight, Secretary Sandra M. Chapman (via telephone), Sheila M. Hamilton (via telephone), James J. MacCallum, Cleo P. Mathews, Paul J. Morris, Gary G. White, and State Superintendent David L. Stewart. Ronald B. Spencer, due to scheduling difficulties, joined the meeting via telephone near its conclusion.

II.

Upon motion by James J. MacCallum, second by Cleo P. Mathews, the Board approved the agenda.

III.

Upon motion by Jim L. McKnight, second by Paul J. Morris, the Board, by unanimous affirmative vote, and in accordance with the provisions of W.Va. Code 6- 9A-1, 6-9A-4, 6-9A-3 and 6-9A-5, went into Executive Session to discuss pending litigation Tomblin v. Gainer. Upon return from Executive Session at 5:47 p.m., President Morris reported no decisions were made and no action was taken.

IV.

Upon motion by James J. MacCallum, second by Cleo P. Mathews, the Board instructed its attorney, Michael J. Farrell, to continue settlement negotiations with counsel for the plaintiffs and to appear in Court tomorrow, August 1, 2000, to advise the Court of agreement or to continue the trial of the case of Tomblin v. Gainer . Motion carried with seven votes "yes" (J. D. Morris, Jim L. McKnight, Sheila M. Hamilton, James J. MacCallum, Cleo P. Mathews, Paul J. Morris, Gary G. White) and one vote "no" (Sandra M. Chapman). Ronald B. Spencer was unavailable until the final minutes of the meeting and did not participate in the discussion or the vote.

The next regular meeting of the West Virginia Board of Education will be held August 10, 2000 at Webster County High School in Upper Glade, West Virginia.

VI.

Upon motion by Ronald B. Spencer, second by Jim L. McKnight, the Board adjourned at approximately 5:57 p.m.

Minutes approved by the Board on August 10, 2000.

___________________________________________

J. D. Morris, President

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