MINUTES

WEST VIRGINIA BOARD OF EDUCATION

Berkeley County Schools

Musselman High School - Auditorium

Inwood, West Virginia

August 9, 2001

I.

President Sandra M. Chapman called the regular meeting of the West Virginia Board of Education to order at 8:32 a.m. on August 9, 2001, in the Auditorium at Musselman High School in Inwood, West Virginia.

Members present were Vice-President Paul J. Morris, Barbara N. Fish, Sheila M. Hamilton, Howard M. Persinger, Jr., and Superintendent David Stewart. Members absent: Secretary James J. MacCallum, Ronald B. Spencer and J. Michael Mullen, Chancellor, The West Virginia Higher Education Policy Commission.

II.

Mr. Manuel P. Arvon, II, Superintendent of Berkeley County Schools, and Kitty Cauffman, Principal of Musselman High School, welcomed the Board.

III.

Mr. Fred Blackmer of Jefferson County distributed a letter and spoke to the Board regarding regional pay for professional staff. (Copy appended to Official Minutes, Attachment A.)

IV.

Paul J. Morris moved, with J. D. Morris seconding, that the agenda be approved. Howard M. Persinger, Jr. questioned General Counsel Rebecca Tinder about the need for an emergency executive session. Ms. Tinder responded that an emergency executive session would be appropriate per W.Va. Code §6-9A-3 and the hold in Peters v. County Commission, 519 S.E.2d 179 (W.Va. 1999).

Paul J. Morris amended his motion to approve the agenda with the addition of an executive session, Barbara N. Fish seconded the motion. The Board unanimously approved the agenda as amended.

V.

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

Upon recommendation of the OEPA, a motion by J. D. Morris, second by Howard M. Persinger, Jr., the Board unanimously issued the Greenbrier County School System Conditional Approval status and fourteen (14) schools Conditional Accreditation status with a September 1, 2002 Date Certain for the education performance audit noncompliances. (Copy appended to Official Minutes, Attachment B.)

VI.

An on-site review of the Pendleton County School System was conducted November 2 - 4, 1999. An Education Performance Audit Team returned to Pendleton County April 30 -31, 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 J. D. Morris, second by Howard M. Persinger, Jr., the Board unanimously granted the Pendleton County School System Full Approval status and all Pendleton County Schools Full Accreditation status. (Copy appended to Official Minutes, Attachment C.)

VII.

Policy 2320, A Process for Improving Education - Performance Based Accreditation System, is being revised to include the requirements of House Bill 2934 passed during the 2001 Session of the West Virginia Legislature as well as the revision of resource evaluation components required by the Agreed Order in Tomblin v. Gainer signed September 12, 2000. House Bill 2934 amends W.Va. Code §18-2E-5 to require the State Board to appoint a monitor at county expense if a seriously impaired school does not correct the impairment by a date certain set by the State Board. A total of 35 comments from nine (9) individuals or organizations were received.

Upon motion by Paul J. Morris, second by J. D. Morris, the Board unanimously approved Policy 2320. (Copy appended to Official Minutes, Attachment D.)

VIII.

House Bill 2934 requires the State Board to conduct a review of the system of education performance audits with the objective of achieving the goals that: (1) the measures used to evaluate performance are clearly aligned with the education goals and expectations established for student, school, and school system performance including student success in post-secondary education and work; (2) the measures used reflect a priority for student progress and safety; and (3) the measures used are limited in number and easily comparable to national performance indicators.

Barbara N. Fish moved that the Board formulate a committee that is representative of the list found in Attachment E with the addition of three (3) classroom teachers (a national board certified teacher, Milken Award Winner and Teacher of the Year), two (2) parents, one (1) member of business and industry and one (1) service personnel member with the President of the Board given the authority to make those appointments, J. D. Morris seconded the motion. The Board unanimously approved the motion. (Copy appended to Official Minutes, Attachment E.)

IX.

The Stanford Achievement Test-9 (SAT-9) scores have been analyzed relative to Performance Measure 4.1, Student Achievement. The report reflects those schools that did not have 50 percent of students achieving in the top two quartiles as well as those schools not meeting the standard that 15 percent or fewer students perform in the bottom quartile or that there be a decreasing trend.

The schools denoted by an asterisk (*) in Attachment E are seriously impaired. It is recommended that these schools be issued seriously impaired status and a team of improvement consultants be appointed to each school. The school denoted by two asterisks (**) in Attachment E is a previous seriously impaired school that failed to achieve the Date Certain and it is recommended that a monitor be appointed to cause improvements to be made at the school to bring it to full accreditation status by June 30, 2003.

Upon recommendation of the OEPA, a motion by Howard M. Persinger, Jr., second by Sheila M. Hamilton, the Board unanimously issued 58 schools Temporary Accreditation status, 10 schools continued Conditional Accreditation status, and five (5) schools seriously impaired status. (Copy appended to Official Minutes, Attachment F and addendum.)

X.

West Virginia Code §18-2-23a requires the State Board to establish goals for professional development in the public schools of the state. An analysis of annual performance data and education performance audits was presented to assist the Board in establishing staff development goals.

Upon motion by Howard M. Persinger, Jr., second by Paul J. Morris, the Board unanimously accepted and approved the report for distribution purposes. (Copy appended to Official Minutes, Attachment G.)

XI.

The Office of Education Performance Audits developed a Strategic Plan for FY2001 to guide implementation of W.Va. Code and State Board policy. The Plan was presented to the State Board at the October 12, 2000 meeting. The Strategic Plan FY2001 outlined the mission statement, goals, objectives, activities, and a completion date(s). This report addresses year-end progress on each objective and activity for the 2001 fiscal year. (Copy appended to Official Minutes, Attachment H.)

XII.

Upon motion by J. D. Morris, second by Howard M. Persinger, Jr., the Board unanimously directed that the OEPA conduct a review of McDowell County Schools as soon as is practical.

XIII.

Upon motion by Howard M. Persinger, Jr., second by Sheila M. Hamilton, the Board unanimously approved the consent agenda items, with the exception of Item 11. Athletic Trainer Waivers. (Copies appended to Official Minutes, Attachments I-S.)

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

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

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

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

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

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

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

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

As of July 31, 2001, the Department of Education had received an additional 26 applications for a total of 1,020 applications for Operation Recognition in connection with Policy 4355: High School Diplomas for Veterans. (Attachment R.)

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 S.

XIV.

Bill Luff provided the Board an historical overview of trainer waivers. The waiver procedure was implemented due to the fact that it has not been possible for every county to have a certified athletic trainer. President Chapman requested that the Department revisit Policy 5112.

Upon motion by J. D. Morris, second by Barbara N. Fish, the Board by unanimous vote, granted the 32 waiver requests. (Copy appended to Official Minutes, Attachment T.)

XV.

Rebecca Tinder, Executive Director, Office of Legal Services, distributed and discussed a matrix listing possible options for increasing the amount and quality of instructional time available to students. These options will be considered during the revision of Policy 2510 and will also be utilized in the preparation of the Board's 2002 legislative agenda. (Copy appended to Official Minutes, Attachment U.)

XVI.

Revision of Policy 4320 is required to bring the policy in line with regulatory changes and to ensure efficient operations in school nutrition programs.

Upon motion by Paul J. Morris, second by J. D. Morris, the Board unanimously approved Policy 4320. (Copy appended to Official Minutes, Attachment V.)

XVII.

This policy establishes standards for foods served and/or sold to students in schools during the school day. Further, the policy requires management and meal service practices that support an integrated approach to school-wide nutrition integrity, including recommended qualifications for county nutrition directors. The proposed revision requires that, beginning school year 2002-2003, school nutrition program directors be authorized. The revision also sets forth the initial qualifications and renewal requirements for this authorization. The comment period, ending July 16, 2001, resulted in 15 comments being received.

Upon motion by Sheila M. Hamilton, second by Paul J. Morris, the Board unanimously approved Policy 4321.1. (Copy appended to Official Minutes, Attachment W.)

XVIII.

Policy 5301 has been revised to reflect the changes made to W.Va. Code §18A-4-8a during the recent legislative session. The statute was revised to provide: a $10 per month incremental pay increase to the service personnel who have completed eighty-four, ninety-six, one hundred eight, and one hundred twenty hours of college or comparable training in a trade or vocational school; an additional $10 per month to those who have earned a bachelor's degree; and an additional $10 per month to those who have earned a master's degree. The policy was on public comment until July 16, 2001. No comments were received.

Upon motion by Howard M. Persinger, Jr., second by Sheila M. Hamilton, the Board unanimously approved Policy 5301. (Copy appended to Official Minutes, Attachment X.)

XIX.

W.Va. Code §18-5-22 requires the employment of school nurses. The purpose of the policy and manual is to set standards for care for students who have health conditions that must be maintained during the school day. The manual is used to assist nurses and others who perform basic and specialized health care procedures for students.

Policy 2422.7 and the accompanying procedural manual has been on public comment since June, 2001. One comment was received that resulted in a minor editorial change.

Upon motion by Howard M. Persinger, Jr., second by Paul J. Morris, the Board unanimously approved Policy 2422.7. (Copy appended to Official Minutes, Attachment Y.)

XX.

Policy 2422.8 has been on public comment since June, 2001. Thirty-four comments were received that indicated opposition to making medication administration a non-specialized health care procedure.

Lenore Zedosky, Executive Director, Office of Healthy Schools, addressed the Board regarding the comments received and a meeting she attended with the nurse licensing board. Ms. Zedosky recommended that the Board not approve this policy based on the concerns voiced in the comments.

Upon motion by Howard M. Persinger, Jr., second by Paul J. Morris, the Board unanimously rejected the policy. (Copy appended to Official Minutes, Attachment Z and addendum.)

XXI.

Policy 2460 has been revised to include: 1) the new federal regulations regarding issues of child safety and acceptable use of the Internet, and 2) to be in compliance with E-rate guidelines. The policy was placed on public comment until July 20, 2001, and three people responded. Clarification and technical changes were made to the policy based on the comments.

Upon motion by Howard M. Persinger, Jr., second by J. D. Morris, the Board unanimously approved Policy 2460. (Copy appended to Official Minutes, Attachment AA.)

XXII.

Policy 6200 has been revised to facilitate the Agreed Order in Tomblin v. Gainer. This revision omits chapter 15 of the previous policy which addressed existing facilities. The West Virginia Department of Education has the responsibility to provide assistance to county school districts through the Office of School Facilities. This handbook offers additional assistance with renovations, construction of new school facilities, and developing or amending the county's Comprehensive Educational Facilities Plan. This handbook is a working document and should be used as such during all planning stages of evaluation and construction.

The 30 day comment period ended June 11, 2001 with a total of five individuals or organizations suggesting changes. A number of the recommendations which have a positive impact on the learning environment were incorporated into the policy.

Upon motion by Barbara N. Fish, second by Howard M. Persinger, Jr., the Board unanimously approved Policy 6200. (Copy appended to Official Minutes, Attachment BB.)

XXIII.

In December 2000, four of the committees appointed as a result of the Agreed Order in Tomblin v. Gainer (Teacher Shortage; Foreign Language; Art and Music Limitations; and Science Facilities) made recommendations to the Board. In May 2001, the Department of Education provided the Board with its recommendations as to any action the Board should take with respect to the committees' recommendations.

Similarly, in May 2001 the other two committees appointed as a result of the Agreed Order in Tomblin v. Gainer (Vocational Curriculum Offerings; Testing) made recommendations to the Board. In July 2001, the Department of Education provided the Board with its recommendations concerning the committees' recommendations.

The Vocational Curriculum Offerings Committee recommendations and Department recommendations are identical.

The Testing Committee and Department recommendations regarding assessment are identical except that the Department has recommended testing science and social studies in grade 3 whereas the committee recommended that they not be tested until grade 4 so greater concentration could be placed on reading and mathematics. The recommendations of the Testing Committee involving accountability will be considered after the Testing Committee completes its work.

Upon motion by Paul J. Morris, second by Barbara N. Fish, the Board unanimously accepted the Department's recommendations.

XXIV.

Policy 5100 requires all West Virginia higher education institutions to complete an annual report on July 1 of each year. Policy 5100 also contains the four major areas that all annual reports must address. All 18 institutions met these criteria and qualify for "Continuing Program Approval Status." From these reports, the Office of Professional Preparation compiles a document entitled, "Approval of Educational Preparation Programs in West Virginia Colleges and Universities 2001-2002" and distributes this document throughout the state. This year's document reflects all the changes the higher education institutions made to continue aligning their professional preparation programs with the revisions contained in the Policy 5100, passed by the West Virginia Board of Education in January 2000.

Upon motion by Howard M. Persinger, Jr., second by J. D. Morris, the Board unanimously granted "Continuing Program Approval Status" to the 18 institutions whose educational personnel preparation programs are contained in Attachment CC. (Copy appended to Official Minutes, Attachment CC)

XXV.

The Legislature passed W.Va. Code §18A-2-3 during the 2001 session allowing county boards of education to employ retired teachers as substitutes in certain critical areas provided the county board adopts a policy spelling out the need and obtains State Board approval for the policy. McDowell County submitted a policy that meets the statutory criteria.

Upon motion by Howard M. Persinger, Jr., second by J. D. Morris, the Board unanimously approved McDowell County's policy. (Copy appended to Official Minutes, Attachment DD.)

XXVI.

President Chapman distributed a historical overview of travel and Wednesday work sessions from 1986 to 2000. Discourse took place regarding the purpose of traveling to counties, i.e., to have an opportunity to look at facilities, visit schools, and establish a relationship with the communities to allow communication of issues and concerns.

Paul J. Morris stated that he would like the schedule revised so that visits to counties occur while school is in session that he supported the continuation of meeting in counties. J. D. Morris indicated his support for the continuation of visits to counties and the continuation of Wednesday work sessions with interested groups. Bill Luff suggested the possibility of open forums on Wednesday evenings with the community. President Chapman issued a concern about the lack of interest/attendance at evening public forums and the method of notifying counties that the Board is interested in visiting. President Chapman also issued a concern about an ongoing established quarterly meeting schedule with groups as opposed to when such meetings are requested or otherwise deemed necessary. J. D. Morris indicated that Board is required by policy to meet with RESA Directors on a semi-annual basis. The possibility of additional meeting days was discussed. (Copy appended to Official Minutes, Attachment EE.)

XXVII.

Upon motion by Howard M. Persinger, Jr. , second by Sheila M. Hamilton, the Board by unanimous vote, went into an emergency executive session at noon with its attorney, Rebecca M. Tinder, pursuant to W.Va. Code §6-9A-3 and the holding in Peters v. County Commission, 519 S.E. 2d 179 (W.Va. 1999), to discuss the investigation and defense of a complaint filed against the Board and an employee in the West Virginia Human Rights Commission.

XXVIII.

The Board returned from Executive Session at 12:45 p.m. at which time President Chapman reported that no action was taken.

President Chapman reported that the matter under consideration involved a complaint by an employee which named the Board as a respondent.

Howard M. Persinger, Jr., moved, with Paul J. Morris seconding, and by unanimous vote of the Board, that Counsel refer the employee complaint to the Attorney General's office and that two (2) attorneys be appointed, one to represent Board and one to represent the employee.

XXIX.

Discussion ensured regarding the fact that the RESA Directors meetings must take place and it was suggested that an agenda be formulated. It was further decided that all currently scheduled meetings be cancelled and scheduled on an as needed basis and that groups currently scheduled be notified of this decision. Groups will be encouraged to request meetings with the Board as desired. Next month the Board will meet on Wednesday, September 12 at 1 p.m. with the RESA directors and at 2 p.m. to continue work on its legislative agenda. Howard M. Persinger, Jr. requested a more thorough agenda for Wednesday events and expressed a need for portable audio equipment. It was also requested that the Board not be placed on auditorium stages if at all possible.

XXX.

President Sandra M. Chapman made the following appointments:

• WVSBA Training Committee:

Paul J. Morris (Reappointment)

J. D. Morris (Reappointment)

Sheila M. Hamilton

2. Educational Broadcasting Authority

J. D. Morris

XXXI.

Howard M. Persinger, Jr., addressed the Board regarding his feeling that the current Board room facility in Charleston is inadequate for the Board to conduct its business. J. D. Morris suggested moving regular meetings to Building 7, conference rooms A-B. President Chapman requested Superintendent Stewart research this matter.

XXXII.

Howard M. Persinger, Jr., addressed the Board regarding his desire that the State Superintendent or Board President write and publish a monthly article to promote Board initiatives on a regular basis.

Superintendent Stewart will correspond directly with the Board regarding this matter.

XXXIII.

Howard M. Persinger, Jr. addressed the Board regarding the need for training sessions on various areas of West Virginia law governing the operation of the Board. Mr. Persinger felt that a training session on the Open Meetings Law was critical.

Paul J. Morris and President Chapman provided an historical overview of trainings provided the Board. It was the general consensus of the Board, other than Mr. Persinger, that matters of concern will be dealt with as necessary and on the advice of counsel.

Barbara N. Fish addressed the Board regarding the need for a training retreat.

XXXIV.

Barbara N. Fish addressed the Board regarding her experience at the August NASBE new member training seminar and distributed and discussed a draft "Table of Contents" to assist in the development of a loose leaf Board manual. Mrs. Fish requested feedback from members.

Mrs. Fish reminded the Board that NASBE's annual conference will take place October 11-13, 2001, in San Diego, California and the USDE will sponsor a Regional Conference in Mobile, AL also in October. (Copy appended to Official Minutes, Attachment FF.)

XXXV.

The next regular meeting of the West Virginia Board of Education is scheduled to be held September 13 in Randolph County, West Virginia.

XXXVI.

Upon motion by Howard M. Persinger, Jr., second by Paul J. Morris, the Board, by unanimous vote, adjourned at 2:09 p.m.

Minutes approved by the Board on October 11, 2001.

______________________________________________

Sandra M. Chapman, President

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