MINUTES

WEST VIRGINIA BOARD OF EDUCATION

Board Conference Room

Capitol Building 6, Room 353

1900 Kanawha Boulevard, East

Charleston, West Virginia

March 8, 2001

I.

President J. D. Morris called the regular meeting of the West Virginia Board of Education to order at 9:17 a.m. on March 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, Barbara N. Fish, James J. MacCallum, Howard M. Persinger, Jr., Ronald B. Spencer, Superintendent David Stewart and J. Michael Mullen, Chancellor, The West Virginia Higher Education Policy Commission. Members absent were Sheila M. Hamilton and Cleo P. Mathews.

II.

Dr. Jeanne Moore addressed the Board regarding fine arts legislation. (Copy appended to Official Minutes, Attachment A.)

Patrick Gruber and Tony Antonini with the West Virginia Youth Action Council addressed the Board regarding the addition of a student voice on the State Board. The Board extended an invitation to meet semi-annually with a group of statewide representatives at a time when school is not in session.

Kelly Myers addressed the Board regarding the closing of Lincoln Elementary School in Wood County. Following Ms. Myers' presentation, the Superintendent of Wood County Schools, Daniel D. Curry, and George B. Summers, Assistant Superintendent, were invited to address the Board.

III.

Upon motion by Sandra M. Chapman, second by James J. MacCallum, the Board unanimously approved the agenda with the following changes and additions:

Page 4, Item 12. Waivers: Remove Harrison County waiver request from the consent agenda; move it to page 5 as a separate item before VIII. Reports.

Page 6, at bottom, after A: Add issuance of an RFP for Assessment and Accountability.

Under Reports, add item G. Smokeless Tobacco Tax and State Board Tobacco Policy.

IV.

The OEPA will conduct two pilots under the revised Policy 2320 (approved February 22, 2001) prior to the end of the school year. As of the end of February, thirteen (13) county audits have been conducted. Upon completion of the two pilots, the OEPA will have conducted fifteen (15) audits this school year. Also, since the last Board meeting, the OEPA has visited Braxton County.

V.

A random and unannounced education performance audit was conducted in the Roane County School System.

Upon recommendation of the OEPA, a motion by Howard M. Persinger, Jr., second by Sandra M. Chapman, the Board unanimously issued the Roane County School System Conditional Approval status, granted one (1) school Full Accreditation status, and issued five (5) schools Conditional Accreditation status. (Copy appended to Official Minutes, Attachment B.)

VI.

An on-site review of the Nicholas County School System was conducted from March 9 - 11, 1999. An Education Performance Audit Team returned to Nicholas County October 19 - 20, 2000. One original noncompliance had not been corrected and one new noncompliance was identified. A Second Follow-Up Education Performance Audit Team returned to Nicholas County on February 8, 2001. The purpose of the return team visit was to verify correction of the lingering noncompliances.

Upon recommendation of the OEPA, a motion by Howard M. Persinger, Jr., second by Ronald B. Spencer, the Board unanimously upgraded the Nicholas County School System to Full Approval status, continued Full Accreditation status in fourteen (14) schools, Conditional Accreditation status in one (1) school, and Richwood High School upgraded from Seriously Impaired status to Conditional Accreditation status. (Copy appended to Official Minutes, Attachment C.)

VII.

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. The State Board reviewed fifty-one (51) UCIPs at the February meeting. Thirty-four (34) plans were Approved; seventeen (17) plans were Approved with Stipulations; and four (4) plans were in the review process. The remaining four (4) Unified County Improvement Plans and recommendations were submitted for approval.

Upon recommendation of the OEPA, a motion by Howard M. Persinger, Jr., second by James J. MacCallum, the Board unanimously approved the remaining four (4) plans. (Copy appended to Official Minutes, Attachment D.)

VIII.

James J. MacCallum moved to approve the consent agenda as amended and as recommended with Sandra M. Chapman seconding the motion. Following discussion, Howard M. Persinger, Jr., requested that Mr. MacCallum amend his motion to remove approval of the minutes from the consent agenda. Mr. Persinger indicated he wanted to make sure, particularly with regard to the Recht decision in Tomblin v. Gainer, that the minutes properly reflect the Board's action. As a result of Mr. Persinger's request, Ms. Chapman withdrew her second of the original motion. President Morris called for a second to Mr. MacCallum's amended motion (to approve the motion and the amendment). Mr. Persinger seconded the motion and the Board unanimously approved the motion and the amendment. President Morris called for a motion to approve the Consent Agenda, subject to the foregoing amendments. Upon motion by James J. MacCallum, second by Paul J. Morris, the Board unanimously approved the amendments to the Consent Agenda.

February 8, 2001 Regular Meeting - Action tabled. Staff were directed to amend the minutes for review and action at the April meeting of the Board.

February 14, 2001 Emergency Meeting - Amended and approved as follows: Under Item III. Executive Session, rewrite second paragraph as follows:

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.

February 22, 2001 Emergency Meeting - Approved. (Attachment E.)

Upon motion by James J. MacCallum, second by Ronald B. Spencer the Board unanimously approved the consent agenda. (Copies appended to Official Minutes, Attachments F-T and addenda.)

The Wood County CEFP did not contain a provision for closing Rayon Center and Lincoln Elementary School effective June 30, 2001. The TREK program will be moved from Rayon Center to Fairplains Elementary and two preschool programs will be moved from Fairplains Elementary, placing one at Martin Elementary and one at Gihon Elementary. Boundary line changes will be made to merge students from Lincoln Elementary with Emerson, Madison, and Neale Elementary Schools. (Attachment F.)

West Virginia Code §18-9D-16h directs the West Virginia Board of Education to inspect all schools that were constructed or where major renovations have occurred that were funded in whole or in part by the School Building Authority of West Virginia. The following schools were inspected by the Office of School Facilities during the month of January 2001. (Attachment G.)

County School County School

Cabell Central Elementary Tyler Sistersville Elementary

Cabell Guyandotte Elementary Tyler Tyler County Middle/High

Lewis Lewis County High Wirt Wirt County Primary

Lewis Petersen-Central Elementary Wirt Wirt County Middle

Randolph Elkins High Wirt Wirt County High

Ritchie Ritchie County Middle/High Wood Franklin Elementary

Tyler Boreman Elementary Wood Jefferson Elementary

For the Month of February 2001

Total Supplements = $3,936,590 Total Transfers = $2,142,226

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

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

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

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

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

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

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

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

The Board approved one (1) waiver request. The Harrison County waiver request was removed from the Consent Agenda and may be found at item VIII. Harrison County Waiver Request. (Attachment P.)

As of February 19, 2001, the Department of Education has received an additional 71 applications for a total of 692 applications for Operation Recognition in connection with Policy 4355: High School Diplomas for Veterans. (Attachment Q.)

State Board Policy 2510, Assuring the Quality of Education: Regulations for Education Program, states, "All summer school programs shall be submitted to the West Virginia Board of Education . . . for approval."

One county application has been received representing summer school at one (1) county location and was recommended for approval. (Attachment R.)

W. Va. Code §18-2-23a requires that the West Virginia Board of Education establish a master plan for professional development no later than March 15 of each year. The master plan "shall include the State Board approved professional development plans of the State Department of Education, the Center for Professional Development, and the Regional Education Service Agencies. The approved master plan shall serve as a guide for the delivery of coordinated professional development programs" by these agencies. This plan is for June 1, 2001 - May 31, 2002. (Attachment S and addendum.)

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 T and the addendum.

IX.

Dr. Carl H. Friebel, Jr., Superintendent of Harrison County Schools, addressed the Board regarding Harrison County Schools' request for a waiver of Policy 2320, Section 4.2. Student Attendance. The purpose of the waiver is to increase administrative efficiency, to enhance the delivery of the instructional programs, to promote community involvement in the local school system, and to improve the educational performance of the school generally.

Upon motion by Paul J. Morris, second by Sandra M. Chapman, the Board, by unanimous vote, denied the waiver. (Copy appended to Official Minutes, Attachment U.)

X.

Jim Watts, Vice-President of the Southern Regional Education Board (SREB), provided the Board a brief overview of the West Virginia Accountability Study. The SREB, at the request of the State Board of Education and the Department of Education, and in cooperation with an external panel, conducted a general review of the West Virginia testing and accountability program. The purpose was to determine the current status of key aspects of those programs, report on general findings and make focused recommendations regarding testing and school accountability procedures. (The West Virginia Accountability Study is appended to the Official Minutes, Attachment V.)

XI.

John Hough, Executive Assistant to the State Superintendent, provided information and answered questions regarding a number of legislative bills.

XII.

Doris White, Coordinator, Office of Technology and Information Systems, presented the 1999- 2000 West Virginia Report Cards for the Board's review. This document was prepared in compliance with W.Va. Code §18-2E-4 and West Virginia Board of Education Policy 7300. It contains data by school, county, and state for students, personnel characteristics and educational outcomes. (Copy appended to Official Minutes, Attachment W and addendum.)

XIII.

Brenda Williams, Executive Director, Office of Technology and Information Systems, provided the Board a brief overview of the Technology Update that was provided to the Senate Education Committee on March 6, 2001. (Copy appended to Official Minutes, Attachment X.)

XIV.

Adam Sponaugle, Assistant State Superintendent, Division of Technical and Adult Education, provided the Board a brief overview of the attached report pertaining to adults holding high school credentials. According to census data (1990-1996), West Virginia was one of ten states showing an increase in the percentage of adults obtaining a high school diploma or GED. (Copy appended to Official Minutes, Attachment Y.)

XV.

Bill Luff, Deputy Superintendent, presented the interim report of the Tomblin v. Gainer testing committee. Remaining recommendations are to be presented on May 10, 2001. Mr. Luff reported that, by the close of 2001, all major State Board policies will be updated.

Mr. MacCallum brought a concern of Ms. Mathews to the floor regarding the lack of testing at K-2 levels. Mr. Luff reported that formal testing would be replaced by an ongoing assessment by teachers of individual student progress toward meeting the benchmarks for normal progress in reading and math. (Copy appended to Official Minutes, Attachment Z.)

XVI.

This item was addressed during the Legislative Update.

XVII.

Policy 3234 provides for the operation of year-round schools. The policy was first effective in June 1992. The revisions will allow the State Board to approve the operation of a year-round school for a period of up to three years. The policy previously provided for approval for a period of only one year. Several comments were received, most arguing against requiring all schools to operate year-round (which the policy does not do). No changes were made as a result of the comments.

Upon motion by Ronald B. Spencer, second by Howard M. Persinger, Jr., the Board unanimously approved Policy 3234. (Copy appended to Official Minutes, Attachment AA.)

XVIII.

The Hampshire County Soccer, AYSO 1117, requested permission to use West Virginia Schools for the Deaf and the Blind property for the 2001 spring and fall seasons.

Upon motion by James J. MacCallum, second by Howard M. Persinger, Jr., the Board unanimously approved the request of the Hampshire County Soccer, AYSO 1117. (Copy appended to Official Minutes, Attachment BB.)

President Morris questioned Mrs. McBride as to whether a referendum had been taken up with regard to the use of the Hampshire County Hospital. Mrs. McBride reported that no such referendum has occurred and voiced her concern that should the hospital be closed the next closest medical facility would require travel time by car of approximately 45 to 50 minutes.

XIX.

In order to meet time lines for implementing a new series of assessments for measuring student achievement in West Virginia and to come into compliance with certain federal requirements, it was requested that the State Board authorize the preparation and issuance of a RFP for the series of assessments as listed in the attachment. The RFP would be clear that awarding of a contract is contingent on State Board approval of the assessment and funding by the Legislature.

Upon motion by Barbara N. Fish, second by James J. MacCallum, the Board unanimously approved the preparation and issuance of the RFP. (Copy appended to Official Minutes, Attachment CC.)

XX.

The next regular meeting of the West Virginia Board of Education will be held April12 in Charleston, West Virginia.

XXI.

Upon motion by Paul J. Morris, second by James J. MacCallum, the Board, by unanimous vote, adjourned at 2:04 p.m.

Minutes approved by the Board on April 12, 2001.

______________________________________________

J. D. Morris, President