MINUTES

WEST VIRGINIA BOARD OF EDUCATION

Board Conference Room

Capitol Building 6, Room 353

1900 Kanawha Boulevard, East

Charleston, West Virginia

April 12, 2001

I.

President J. D. Morris called the regular meeting of the West Virginia Board of Education to order at 9:00 a.m. on April 12, 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, Sheila M. Hamilton, 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: Secretary Paul J. Morris, Barbara N. Fish and Cleo P. Mathews.

II.

President James W. Endicott, M.D., called the joint meeting of the Mingo County Board of Education with the West Virginia Board of Education to order at 9:01 a.m. on April 12, in Capitol Building 6, Room 353, Charleston, West Virginia. Members present for the Mingo County Board of Education were: Vice-President John W. Fullen, Despina B. Kapourales, Hubert Clyde Lester, Jerry Mounts, D.D.S. and Superintendent John T. Mattern. Mr. Don Roberson, Principal of Tug Valley High School, provided the Board a presentation entitled "Look What We're Doing Right!" Superintendent Mattern distributed and discussed the Mingo County Board of Education Goals and Objectives Report. (Copies appended to Official Minutes, Attachment A and addenda.)

III.

The West Virginia Board of Education recessed at 9:37 a.m.

Upon motion by John W. Fullen, second by Despina B. Kapourales, the Mingo County Board of Education, by unanimous vote, adjourned at 9:37 a.m.

IV.

The Board reconvened at 9:45 a.m. and the regular meeting was called to order.

V.

President Morris recognized Michael Mullins and Philip Dobbins, teachers, and the student team from Clay County High School that will represent West Virginia in the national "We the People" finals next week. Clay County High School has won the state competition seven out of the last nine years.

VI.

Secretary of State Joe Manchin, III, addressed the Board regarding the SHARE (Saving History and Reaching Every Student) Program.

Larry Oyster, President of the West Virginia Science Teachers Association, Cindy Keeling, science teacher from Marion County, and Steve Woodruff, President of the West Virginia Mathematics and Science Coalition, addressed the Board regarding science testing in the third grade.

Lee Ann Gore, assisted by Karen Jackson, addressed the Board and distributed information regarding Fayette County school closures. Larry Coleman, Superintendent of Fayette County Schools, spoke to the Board and addressed the issues and concerns brought to the Board by the Ms. Gore. (Copies of information presented and distributed at meeting appended to Official Minutes, Attachment B.)

VII.

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

Delete from the Consent Agenda Item 2. Amendment - Hancock County Comprehensive Education Facilities Plan.

Add an Executive Session prior to Item VI.-G.

Move, from the Consent Agenda, Items 4. Amendment - Mineral County Comprehensive Educational Facilities Plan, 14. Waivers, 15. Policy 4355 - High School Diplomas for Veterans and 16. Summer School, to New Business after Item D.

VIII.

The Office of Education Performance Audits is making revisions to the Training Manual and Handbook for Education Performance Audits in preparation for conducting two pilot audits. Education performance audits have been conducted in thirteen counties to date this year.

IX.

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

Upon recommendation of the OEPA, a motion by James J. MacCallum, second by Sandra M. Chapman, the Board unanimously issued the Calhoun County School System Full Approval status and each of the four (4) Calhoun County schools Conditional Accreditation status. (Copy appended to Official Minutes, Attachment C.)

X.

A random and unannounced education performance audit was conducted at the Calhoun Gilmer Career Center.

Upon recommendation of the OEPA, a motion by Sandra M. Chapman, second by Sheila M. Hamilton, the Board unanimously issued the Calhoun Gilmer Career Center Conditional Accreditation status. (Copy appended to Official Minutes, Attachment D.)

XI.

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

Upon recommendation of the OEPA, a motion by Sheila M. Hamilton, second by Ronald B. Spencer, the Board unanimously issued the Clay County School System Conditional Approval status, one (1) school Full Accreditation status, and six (6) schools Conditional Accreditation status. (Copy appended to Official Minutes, Attachment E.)

XII.

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

Upon recommendation of the OEPA, a motion by Sandra M. Chapman, second by Ronald B. Spencer, the Board unanimously issued the Pocahontas County School System Conditional Approval status and each of the five (5) Pocahontas County schools Conditional Accreditation status. (Copy appended to Official Minutes, Attachment F.)

XIII.

An on-site review of the Raleigh County School System was conducted from November 15 - 19, 1999. An Education Performance Audit Team returned to Raleigh County March 19 - 21, 2001. The purpose of the return team visit was to verify correction of the noncompliances identified during the original on-site review.

Upon recommendation of the OEPA, a motion by James J. MacCallum, second by Sheila M. Hamilton, the Board unanimously issued the Raleigh County School System Conditional Approval status, twenty (20) Raleigh County schools Full Accreditation status, three (3) schools Conditional Accreditation status, and Woodrow Wilson High appended to Official Minutes, Attachment G.)

XIV.

President Morris called for a motion to go into Executive Session at 11:04 a.m. Howard M. Persinger, Jr., moved that the Board go into Executive Session, pursuant to West Virginia Code §6-9A-3 and Syl. Pt. 5 of Peters v. County Commission, to discuss privileged communications with the Board's and Superintendent's attorneys, Michael J. Farrell and Katherine L. Dooley, relative to the Board's effort to comply with the Agreed Order dated August 1, 2000, as amended September 12, 2001, hereinafter "Order," in Tomblin v. Gainer. Mr. Persinger asked if proper notice was given to allow the call for an executive session and requested Department's Legal Counsel be consulted.

XV.

The Board recessed at 11:06 a.m.

XVI.

The Board reconvened at 11:21 a.m. President Morris asked if there was a reason to go into Executive Session. Mr. Persinger restated his motion to go into Executive Session and stated that he believed that the notice requirements had been fulfilled. The motion was seconded by Ronald B. Spencer and approved by unanimous vote of the Board. The Board entered into Executive Session at 11:24 a.m.

Upon motion by Howard M. Persinger, Jr., second by James J. MacCallum, the Board returned from Executive Session at 12:27 p.m. at which time President Morris reported that no motions were made or actions taken.

XVII.

Revisions to Policy 2320 were presented in an effort to comply with the Order in Tomblin v. Gainer. It was noted that Appendix A-1 and A-2 of the Order had been included as directed by the Court at the hearing which took place in Wheeling on March 24, 2001.

Upon motion by Howard M. Persinger, Jr., second by Ronald B. Spencer, and by unanimous vote of the Board, Policy 2320, was amended as follows (amendment read into the record by Mr. Persinger),

"§126-13-5A. Pilot High Quality Standards. The West Virginia Board of Education hereby establishes the following pilot standards as one step in the process, currently underway, of determining the curriculum that should be available to students in the public schools in West Virginia. These pilot standards will be used by the Office of Education Performance Audits in determining the present availability of curriculum offerings in the schools. The West Virginia Board of Education wants it clearly understood that these pilot standards: (1) are not based on any currently adopted State Board policy, (2) do not require that the curriculum offerings contained in the pilot standards be offered, and (3) will not be used in any manner for accreditation and accountability purposes. School are required to provide the programs of student listed in section 6.4.1 of Policy 2510. The West Virginia State Board of Education wants it clearly understood that (1) a high quality education requires a broad based elective curriculum; (2) the adolescent education curriculum set out below is an example of such a curriculum to be considered until the State Board of Education adopts its policy thereon presently scheduled for early 2002; and (3) the high school curriculum set out below will not be used in any manner for accreditation purposes. Final State Board policy regarding curriculum may or may not require the courses set forth in 5A.2, 5A.3 and 5A.4."

and was placed on public comment, as amended, until May 15, 2001 for action at the June, 2001 meeting. (Copy appended to Official Minutes, Attachment H and addendum.)

XVIII.

Upon motion by Sandra M. Chapman, second by James J. MacCallum, the Board unanimously approved the consent agenda items as amended and as recommended. (Copies appended to Official Minutes, Attachments I-W and addendum.)

The Fayette County CEFP did not contain a provision for the closing of Beckwith Elementary and Powellton Elementary and the reconfiguration of Fayetteville Elementary, Valley Elementary and Montgomery Middle School, effective at the close of the 2000-2001 school year. Students from Beckwith Elementary will be transferred to Fayetteville Elementary. Students from Powellton Elementary will be transferred to Valley Elementary. Fifth grade students from Valley Elementary will be transferred to Montgomery Middle School. (Attachment J.)

The Hancock County CEFP did not contain a provision for the closing of Marland Heights Elementary and New Cumberland Elementary effective at the close 2000-2001 school year. The K-5 students in Marland Heights Elementary (131) will be transferred to Weirton Heights Elementary, Broadview Elementary, Liberty Elementary and Weir Middle School. The K-6 students

in New Cumberland Elementary will be transferred to Jefferson Elementary and New Manchester Elementary. (Attachment K.)

The Kanawha County CEFP did not contain a provision for the closure of Clendenin Middle School and the transfer of students to Elkview Middle School at the end of the 2001-2002 school year. (Attachment L.)

Requests in the amount of $2,719,375.11 were received from vocational centers or agencies eligible for funding through the 3% allocations of the School Building Authority of West Virginia (SBA). The amount of money available July 1, 2001 is $1,157,614.00. The total amount of all recommended projects if $1,136,248.00. (Attachment M.)

WVDE Office of Institutional Education Programs $ 141,593.00

WV Schools for the Deaf and the Blind 187,905.00

K-6 Basic Skill/Computer Education Program 500,000.00

Calhoun-Gilmer Career Center 15,000.00

James Rumsey Technical Institute 43,800.00

United Technical Center 36,200.00

Roane-Jackson Technical Center 99,500.00

PRT Technical Center 76,600.00

Fred Eberle Technical Center 35,650.00

$1,136,248.00

For the Month of March 2001

Total Supplements = $33,272,379 Total Transfers = $24,615,160

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

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

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

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

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

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

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

West Virginia Code §18A-3-2c, Training Through the Principal Academy, and State Board Policy 5500.03, Qualities, Proficiencies and Leadership Skills for Principals, require that every principal complete a training program through the Principal Leadership Academy at lease once every four years. The Code and policy provide that any person desiring to be relieved of the academy attendance requirement may apply in writing to the State Board for a waiver. State Code and State Board policy require that upon showing reasonable cause why relief should be granted, the State Board may grant a waiver to postpone attendance from the academy for one year.

Three (3) principals submitted waiver requests for the Summer 2001 Principal Leadership Academy and were recommended for approval. (Attachment U.)

The U. S. Office of Education publishes annually a report entitled, "Teacher Shortage Areas Nationwide Listing." Each state is requested to send an entry of the teacher shortage areas in their

state. West Virginia submitted an entry that was based on the information contained in "The Educational Personnel Data Report 2000." The entry contained a total of 19 content specializations in the areas of general education, special education, and administrative/support. 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. Of the 19 content specializations submitted 13 were approved. (Attachment V.)

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 W and the addendum.

XIX.

Jane McBride, Superintendent of the West Virginia Schools for the Deaf and the Blind, presented the 2001-2002 school calendar for the Board's approval.

Upon motion by James J. MacCallum, second by Howard M. Persinger, Jr., the Board unanimously approved the 2001-2002 school calendar for the West Virginia Schools for the Deaf and the Blind. (Copy appended to Official Minutes, Attachment X.)

XX.

The Office of Technology Information Systems, in conjunction with the Division of Technical and Adult Education Services, has implemented several initiatives aimed at preparing students for employment opportunities in IT and related businesses. Through this cooperative effort the following informational technology initiatives have been implemented: CISCO Local Academies - thirty-four (34) high schools and technical centers, in addition, eight (8) community technical colleges offer advanced course work so that high school students can immediately transition to earning the CCNP (Cisco Certified Network Professional), the advanced industry credential; A+ Certification - twenty-three (23) high schools and technical centers; Microsoft Office User Specialists (MOUS) - twenty-six (26) high school and technical centers are currently designated as authorized testing centers; and, seven (7) high school and technical centers will serve as pilot sites for the Oracle Internet Academies starting in the fall.

The executive summary provides additional information explaining the IT initiatives as well as a map which indicates where various initiatives are located. (Copy appended to official minutes, Attachment Y.)

XXI.

Policy 5100 - Approval of Educational Personnel Programs requires all professional preparation programs in West Virginia to provide data about their programs. Title II of the Higher Education Act requires all states to collect, compile and report data to the U.S. Office of Education about the quality of teacher education graduates in the individual institutions in the state.

As part of the process, all 18 higher education institutions were required to release their individual report cards to the West Virginia Department of Education on April 7, 2001 and April 9, 2001 to the general public. Institutions are required to publish this information in college catalogs, teacher recruitment brochures and/or teacher education handbooks. From these reports, the West Virginia Department of Education will compile the state report that is to be released in the state and then sent to the U.S. Office of Education for national release in April 2002. (Copy appended to Official Minutes, Attachment Z.)

XXII.

John Hough, Executive Assistant to the State Superintendent, provided information and answered questions regarding the legislative session and distributed a bill status update. (Copy appended to Official Minutes, Attachment AA)

XXIII.

The Board recessed at 12:44 p.m. to attend a function at the Cultural Center and reconvened at 2:35 p.m.

XXIV.

The vocational offerings committee met on October 26, November 14, December 1, January 4, February 22 and March 21, to review existing data and research; discuss issues related to the equitable delivery of secondary vocational-technical education; and, formulate a reasonable and defensible response to the following changes that were given to the committee.

Recommend which programs of study, if any, in vocational/technical education should be added/modified/deleted from Policy 2510.

Determine whether there is a shortage of personnel qualified to teach vocational/technical programs of study, and if there is, recommend methods of increasing the availability of personnel to provide such instruction.

Determine whether there is a need for, and if there is, recommend alternative methods of delivery for vocational/technical programs of study.

Determine whether there is appropriate alignment between secondary programs of study and those offered in higher education, particularly community and technical colleges; if there is not such an alignment, provide recommendations on how such an alignment can be achieved.

The executive summary provides details in reference to the committee's framework and process for addressing the recommendations associated with the preceding charges, including a focus on assuring student access to high quality vocational-technical education program of study in all high schools and school systems statewide. (Copy appended to Official Minutes, Attachment BB.)

XXV.

Policy 5100 - Approval of Educational Personnel Programs requires that the Program Review Board meet each semester to review new content specializations and make recommendations to the West Virginia Board of Education for action.

Upon recommendation of the Program Review Board, a motion by Howard M. Persinger, Jr., second by James J. MacCallum, the Board unanimously approved the following programs: Bluefield State College, School Nurse (Grade Level Not Specified); and, Ohio Valley College, Multi-Categorical Special Education for Mentally Impaired, Behavior Disorders, and Specific Learning Disabilities (Grades K-12). (Copy appended to Official Minutes, Attachment CC.)

XXVI.

Policy 2419 is based upon the federal and state laws that are applicable to the education of students with exceptionalities and, therefore, must be revised periodically to reflect changes in legislation at either level. The most recent reauthorization of the federal special education legislation resulted in the Individuals with Disabilities Education Act Amendments of 1997 (IDEA 97). The federal regulations for IDEA 97 were issued by the U.S. Department of Education in March of 1999.

The proposed revisions to Policy 2419 reflect changes required by the U.S. Department of Education, Office of Special Education and Rehabilitative Services, to demonstrate that West Virginia meets all of the eligibility requirements of section 612(a) of the IDEA. In addition, changes have also been made in accordance with an agreement required by the Office for Civil Rights specific to the definition and eligibility for gifted. The proposed revisions incorporate new language and additions to existing sections of Policy 2419 and maintains the federal language whenever possible. The proposed revisions in Policy 2419 will provide current and accurate guidance to schools and districts in the implementation of the provisions of IDEA 97.

Upon motion by Sheila M. Hamilton, second by James J. MacCallum, the Board, by unanimous vote, placed Policy 2419 on public comment until May 18, 2001. (Copy appended to Official Minutes, Attachment DD.)

XXVII.

The membership of the West Virginia Secondary School Activities Commission (WVSSAC) proposed changes to the rules and regulations that govern interscholastic activities for all member schools in West Virginia.

Upon motion by Ronald B. Spencer, second by Sheila M. Hamilton, the Board, by unanimous vote, placed the WVSSAC rules and regulations on public comment until May 22, 2001 for action at the June meeting. (Copy appended to Official Minutes, Attachment EE and addendum.)

XXVIII.

The Mineral County CEFP did not contain a provision for the Keyser Head Start to start another classroom for the 2001-2002 school year. The Mineral County Board of Education does not have additional space in the present Keyser Head Start facility. The Mineral County Board of Education proposes the purchase of a modular building with Head Start funds. The modular building is to be located on the site of the Keyser Head Start. This is a temporary site. The Mineral County Board's CEFP calls for the Keyser Head Start school to be consolidated with Keyser Primary School.

Upon motion by Howard M. Persinger, Jr., second by Sheila M. Hamilton, the Board unanimously approved the amendment.

XXIX.

The Pocahontas County Board of Education requested a continuation waiver of the 8100 minute requirement for Pocahontas County High School.

Upon motion by James J. MacCallum, second by Sheila M. Hamilton, the Board by unanimous vote, approved the continuation of the waiver. (Copy appended to Official Minutes, Attachment FF.)

XXX.

As of March 26, 2001, the Department of Education has received an additional 72 applications for a total of 752 applications for Operation Recognition in connection with Policy 4355: High School Diplomas for Veterans. A concern was addressed regarding requests from veterans who may have attended a private or parochial school. (Copy appended to Official Minutes, Attachment GG.)

XXXI.

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."

Applications from fourteen (14) counties have been received representing summer school at twenty-eight (28) county locations and were recommended for approval.

Upon motion by Howard M. Persinger, Jr., second by James J. MacCallum, the Board by unanimous vote approved the applications. (Copy appended to Official Minutes, Attachment HH.)

XXXII.

The next regular meeting of the West Virginia Board of Education will be held May 10 in Charleston, West Virginia.

XXXIII.

Upon motion by James J. MacCallum, second by Sheila M. Hamilton, the Board, by unanimous vote, adjourned at 3:26 p.m.

Minutes approved by the Board on May 10, 2001.

______________________________________________

J. D. Morris, President

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