MINUTES

WEST VIRGINIA BOARD OF EDUCATION

Board Conference Room

Capitol Building 6, Room 353

1900 Kanawha Boulevard, East

Charleston, West Virginia

February 8, 2001

I.

President J. D. Morris called the regular meeting of the West Virginia Board of Education to order at 8:31 a.m. on February 8, 2001, in the Board Conference Room, Capitol Building 6, Room 353, 1900 Kanawha Boulevard, East, Charleston West Virginia.

Members present were Vice-President Sandra M. Chapman, Secretary Paul J. Morris, Sheila M. Hamilton, Barbara N. Fish, James J. MacCallum, Cleo P. Mathews, Howard M. Persinger, Jr., Ronald B. Spencer, Superintendent David Stewart and John Thralls, Interim Chancellor, The West Virginia Higher Education Policy Commission.

II.

Dr. Dee Bodkins, Director, Office of Special Education, introduced Ann Darby, Preschool Coordinator and Ruth Hurt, Parent Educator Resource Center Person, Raleigh County Schools and Sandy Parker, Director and Leslie Baker, Museum Coordinator, Youth Museum of Southern West Virginia. The Youth Museum of Southern West Virginia was recognized as one of three recipients

of the Museum and Library Services National Award for Museum Service. This school community partnership is funded through a special education preschool discretionary grant.

III.

Sherry DiNicola addressed the Board regarding Kanawha County school closures.

IV.

Upon motion by Cleo P. Mathews, second by Barbara N. Fish, the Board unanimously approved the agenda with the following changes and additions:

Page 5, after item 15, add 16. Waiver of Attendance at Principals Academy

Page 8, after item C, add: D. Elimination of Chapter 15, Policy 6200;

E. Reduction of Salary Supplements in Nicholas County; F. Testing

Dates; G. Extension of the School Year; and H. Executive Session

V.

The Office of Education Performance Audits has visited Cabell County since the last meeting of the Board.

VI.

A random and unannounced education performance audit was conducted in the Mercer County School System and all schools were evaluated by members of the on-site review team. The county submitted revised county and school Unified Improvement Plans for noncompliances identified by the education performance audit team.

Upon recommendation of the OEPA, a motion by Paul J. Morris, second by Sheila M. Hamilton, the Board unanimously issued the Mercer County School System Full Approval status, granted twenty-four (24) Mercer County Schools Full Accreditation status, and issued three (3) schools Conditional Accreditation status. (Copy appended to Official Minutes, Attachment A.)

VII.

An on-site review of the Fayette County School System was conducted from January 12 - 14, 1999. A Follow-up Performance Audit Team returned to Fayette County September 21 - 22, 2000 to verify correction of the noncompliances identified during the follow-up on-site review. This report was approved by the State Board at the November 2000 meeting.

The Follow-up Team reported that several schools did not respond to all the recommendations of the Education Performance Audit Team. Fayette County central office staff requested an opportunity to provide additional technical assistance to schools in an effort to better address recommendations. On December 20, 2000, a review of documentation showed that Fayette County schools had better addressed recommendations and requested revisions to the Follow-up report.

Upon recommendation of the OEPA, a motion by James J. MacCallum, second by Paul J. Morris, the Board unanimously approved the revisions to the Follow-Up Education Performance Audit Report for the Fayette County School System. (Copy appended to Official Minutes, Attachment B.)

VIII.

House Bill 4674, passed during the 2000 regular session of the West Virginia Legislature, amended W.Va. Code '18-2E-5 which required revision of State Board Policy 2320. The legislation calls for indicators of efficiency, an exemplary school accreditation status, immediate State Board intervention in the operation of a county school system, and a performance measure for percentage of students enrolled in advanced placement or honors classes. Additionally, the Agreed Order in Tomblin v. Gainer signed August 1, 2000 requires that specific issues be included as a part of the accreditation and evaluation process. These include the identification of resource needs. The proposed revisions include the requirements of House Bill 4674 and the Agreed Order in Tomblin v. Gainer. Policy 2320 was revised and was placed on public comment at the November 2000 Board meeting until January 11, 2001.

Upon recommendation of the OEPA, Paul J. Morris moved and Barbara N. Fish seconded approval of Policy 2320. Following discussion, Paul Morris moved to withdraw his motion and table action on this item. The motion to withdraw was seconded by Mrs. Fish and unanimously approved by the Board. (Copy appended to Official Minutes, Attachment C.)

IX.

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.

Upon recommendation of the OEPA, a motion by James J. MacCallum, second by Sandra M. Chapman, the Board unanimously approved thirty-four (34) plans and approved seventeen (17) plans with stipulations. (Copy appended to Official Minutes, Attachment D.)

X.

Upon motion by James J. MacCallum, second by Paul J. Morris, the Board unanimously approved, with the exception of Item VII.B.2, the consent agenda items as amended and as recommended. (Copies appended to Official Minutes, Attachments E-S and addendum.)

January 5, 2001 Regular Meeting

January 11, 2001 Regular Meeting

The Mason County Board of Education requested approval for the closure of the Hartford Early Childhood Center and the transfer of these students to New Haven Elementary at the end of the 2000-2001 school year. (Attachment F.)

The Logan County Board of Education requested approval of an amendment to its CEFP as it does not contain a provision for the closure of the Sharples Elementary facility and the transfer of those students to Ramage Elementary and Madison Middle School in Boone County at the end of the 2000-2001 school year. (Attachment G.)

The Monongalia County Board of Education requested approval of an amendment to its CEFP as it does not contain a provision for the closure of the Summers and Cool Springs Elementary facilities and the transfer of those students to Mountainview Elementary, Brookhaven Elementary and Woodburn Elementary schools at the end of the 2000-2001 school year. (Attachment H.)

For the Month of January 2001

Total Supplements = $13,823,365 Total Transfers = $12,547,504

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

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

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

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

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

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

Board members were provided an update on Mingo County. (Attachment O.)

The Board approved six (6) waiver requests. (Attachment P.)

As of October 23, 2000, the Department of Education had received an additional 68 applications for a total of 217 applications for Operation Recognition in connection with Policy 4355: High School Diplomas for Veterans. (Attachment Q.)

The Board approved personnel items for the West Virginia Department of Education and West Virginia Schools for the Deaf and the Blind as listed in Attachment R and the addendum.

The Board approved one (1) waiver request for the Summer 2001 Principal Leadership Academy. (Attachment S.)

XI.

The Kanawha County Board of Education requested approval of an amendment to its CEFP as it does not contain a provision for the closure of Staunton Elementary School and transfer of pre-K-5 students to Montrose, Bridgeview and Richmond Elementary Schools and of sixth grade students to either South Charleston Middle or Dunbar Middle School at the end of the 2000-2001 school year.

Upon motion by Howard M. Persinger, second by James J. MacCallum, the Board unanimously approved the amendment to the Kanawha County CEFP. (Copy appended to Official Minutes, Attachment T.)

XII.

Lydotta M. Taylor, Vice-President of Education at the West Virginia High Technology Consortium Foundation, provided the Board a brief overview of the Learning Educational Administration from a Distance (LEAD) project. The LEAD project will prepare West Virginia's county superintendents and school principals for their emerging role in technology. (Copy appended to Official Minutes, Attachment U.)

XIII.

The Board was provided a report regarding the 2000 Educational Personnel Data Report. The purpose of the Report is to document the status of educational personnel in the counties and supply of new professional educators within the state.

Major conclusions include: 1) West Virginia public school enrollment is 285,785. This statistic indicates a decrease of 18,639 students since 1997; meanwhile, the number of exceptional students within the total enrollment increased by 1,822; 2) the number of public school educators is 24,253, a decline of 271 from the 1999 statistic; 3) there were 2,615 educational personnel vacancies in the counties. Educators currently employed within that county filled approximately two-thirds of those vacancies; 4) West Virginia colleges and universities prepared 1,266 new graduates. However, the number of new teacher education graduates actually employed in West Virginia public schools was 331. (Copy appended to the Official Minutes, Attachment V.)

XIV.

The Board was provided a report regarding the West Virginia Entry: 2001 Teacher Shortage Areas Nationwide Listing.

The United States Office of Education publishes annually a report entitled, "Teacher Shortage Areas Nationwide Listing." The report lists the 19 teacher shortage areas in West Virginia. The West Virginia entry will allow West Virginia teacher education candidates to quality for reductions and deferments under the Federal Stafford Program and the Paul Douglas Teacher Scholarship Program if they choose to study in the identified shortage areas. (Copy appended to Official Minutes, Attachment W.)

XV.

Pursuant to the provisions of W.Va. Code §18-9A-14, the Boone and Logan County Boards of Education entered into an agreement dated November 29, 2000 to transfer 52 students from Logan County Schools to Boone County Schools beginning with the 2001-02 school year. In the first year, Logan County Schools agrees to transfer $187,560 to Boone County Schools to cover the cost of providing the educational services to those students. In the second and third years, funds that are appropriated by the Legislature will accrue to the benefit of Logan County Schools. Funding is provided under the Public School Support Program, pursuant to an appropriation from the Legislature, as an incentive to school districts to transfer students across county boundaries.

Upon motion by Howard M. Persinger, second by James J. MacCallum, the Board unanimously approved the agreement between the Boone and Logan County Board of Education to transfer 52 students from Logan County Schools to Boone County Schools beginning with the 2001-02 school year. (Copy appended to Official Minutes, Attachment X.)

XVI.

The West Virginia Higher Education Policy Commission requested that the Board name a representative to the Statewide Task Force on Student Financial Aid.

Upon recommendation of the WVDE, a motion by James J. MacCallum , second by Cleo P. Mathews, the Board unanimously approved Larry Lohan, Assistant Superintendent of Lincoln County Schools, for appointment to the Statewide Task Force on Student Financial Aid.

XVII.

The 2001 State Plan for Implementation of the Summer Food Service Program was submitted for Board approval.

Upon motion by Howard M. Persinger, second by Sheila M. Hamilton, the Board unanimously approved the Plan for submission to the United States Department of Agriculture. (Copy appended to Official Minutes, Attachment Y.)

XVIII.

West Virginia Code §18-2A-2 requires a written request (Call) be issued to vendors for bids, samples, and prices of textbooks, instructional materials, and learning technologies. The 2001 Call is limited to the required materials and programs in the areas of English Language Arts (K-12), Grammar, Composition, Speech, Journalism, Foreign Language (7-12), Vocational Agriculture, Biology: Technical and Conceptual, and Conceptual Mathematics. Board approval of the Call initiates the sequence of activities that must be completed to provide the Official State Multiple List of Instructional Materials to counties by December 2001.

Upon motion by Cleo P. Mathews, second by James J. MacCallum, the Board unanimously approved the 2001 Call. (Copy appended to Official Minutes, Attachment Z.)

XIX.

The Agreed Order entered in September 2000 in Tomblin v. Gainer requires that the State Board delete Chapter 15 of Policy 6200. That policy is currently being revised and it is anticipated that it will be presented to the State Board to be placed on comment in several months.

Action on this item was tabled pending factual development. (Copy appended to Official Minutes, Attachment AA.)

XX.

A renewal vote on the excess levy in Nicholas County was held in December 2000 and the levy was not renewed. As a consequence, the county system requested State Board approval to reduce the salary supplements paid to both professional and service personnel. The amount of the proposed reduction may be found in the attachment. Reduction of salary supplements, under these circumstances, is permitted by W.Va. Code §§18-4-5a and 18-4-5b.

Upon motion by James J. MacCallum, second by Ronald B. Spencer, the Board unanimously approved the reduction of salary supplements paid to both professional and service personnel in Nicholas County. (Copy appended to Official Minutes, Attachment BB.)

XXI.

Cleo P. Mathews requested an update on the testing program. Dr. Stewart reported that information is being compiled and the testing dates may be moved at the Board's discretion.

XXII.

John Hough addressed the Board regarding a proposed Legislative bill dealing with the recapture of seat time. Highlights include: eliminating the beginning and ending dates for the school year; reducing the number of faculty senate days and outside environment days; requiring county boards to provide four noninstructional days for staff development.

XXIII.

Upon motion by Cleo P. Mathews, second by Sheila M. Hamilton, and in accordance with the provisions of W.Va. Code §§6-9A-1, 6-9A-3, 6-9A-4 and 6-9A-5, the Board, by unanimous vote, went into executive session at 1:00 p.m. to discuss personnel issues. Upon return from Executive Session at 1:45 p.m., President Morris reported that it was decided that the items under discussion should be addressed in open meeting and came out of Executive Session to discuss the following matters: 1) expectations for the Superintendent; 2) expectations of the Board; 3) public relations and 4) legal staff.

Sandra M. Chapman moved, seconded by Cleo P. Mathews, to adjourn. The motion was defeated.

XXIV.

General discussion ensued regarding expectations for the Superintendent, expectations of the Board, public relations, the Sunshine Law, expectations for the Department's legal staff, and the scheduling of an emergency meeting for February 14 to discuss pending litigation and such other matters as may be necessary.

XXV.

The next regular meeting of the West Virginia Board of Education will be held March 8 in Charleston, West Virginia. (Copy appended to Official Minutes, Attachment CC.)

XXVI.

Upon motion by Ronald B. Spencer, second by Barbara N. Fish, the Board, by unanimous vote, adjourned at 5:00 p.m.

Minutes approved by the Board on April 12, 2001.

______________________________________________

J. D. Morris, President

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