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MINUTES

WEST VIRGINIA BOARD OF EDUCATION

Board Conference Room

Capitol Building 6, Room 353

1900 Kanawha Boulevard, East

Charleston, West Virginia

February 14, 2001







I.

Call to Order



President J. D. Morris called the emergency meeting of the West Virginia Board of Education to order at 2:07 p.m. on February 14, 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 (via telephone), Barbara N. Fish, James J. MacCallum, Cleo P. Mathews, Howard M. Persinger, Jr., and Superintendent David Stewart. Members absent: Ronald B. Spencer and John Thralls, Interim Chancellor, The West Virginia Higher Education Policy Commission.



II.

Approval of Agenda



Upon motion by James J. MacCallum, second by Paul J. Morris, the Board unanimously approved the agenda.



Discussion of Litigation and State Board Policy

III.

Executive Session



Board member concerns regarding the Agreed Order in Tomblin v. Gainer were addressed to attorneys Michael J. Farrell and Katherine L. Dooley.

The Board, upon motion by Howard M. Persinger, second by Barbara N. Fish, voted (with seven members voting yes and Ms. Chapman voting no), in accordance with the holding in Peters v. County Commission, 519 S.E. 2d 179 (W.Va. 1999), to go into Executive Session to discuss matters deemed to be within the purview of attorney-client privilege. Upon return from executive session at 4:08 p.m. President Morris reported that no decisions were made and no action was taken. He directed that a meeting by conference call be arranged to consider action on Policy 2320.



IV.

Information Item



Rebecca Tinder, General Counsel, Legal Services, addressed the Board regarding an incident that occurred during an out-of-state athletic event involving West Virginia Schools for the Deaf and the Blind students.



V.

Future Meetings



The next meeting of the West Virginia Board of Education will take place next week via teleconference to discuss and take action on Policy 2320. The next regular meeting of the West Virginia Board of Education will take place March 8 in Charleston.



VI.

Adjournment



Upon motion by Cleo P. Mathews, second by James J. MacCallum, the Board, by unanimous vote, adjourned at 4:20 p.m.



Minutes approved by the Board on March 8, 2001.







______________________________________________

J. D. Morris, President





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