MINUTES

WEST VIRGINIA BOARD OF EDUCATION

Board Conference Room

Capitol Building 6, Room 353

1900 Kanawha Boulevard, East

Charleston, West Virginia

November 7 and 8, 2001

I.

President Sandra M. Chapman called the work session of the West Virginia Board of Education to order at 1:05 p.m. on November 7, 2001, in the Board Conference Room, Capitol Building 6, Room 353, 1900 Kanawha Boulevard, East, Charleston, West Virginia.

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

II.

Ron Dellinger, Chair of the RESA Executive Directors/Chairs, addressed the Board and distributed a brochure entitled "West Virginia Regional Education Service Agencies ~ Excellence and Efficiency in Education." The following agenda items were discussed: 1) State Board views on regionalization of services for county school systems; 2) state aid for RESAs (particularly, if regionalization of more services is desired); 3) RESAs involvement in staff development activities; 4) funding for computer repair and modernization; and 5) anticipated revisions to Policy 3233. (Copy appended to Official Minutes, Attachment A.)

III.

Representing the Commission was Dr. Patricia Harris who distributed numerous handouts and presented the following agenda topics for discussion:1) review of topics before the Commission including shortage areas and special education; 2) conceptual framework and standards of the Commission; 3) improving special education quality time and increasing instructional time; 4) preparation of teachers to teach reading, and 5) recommendations. (Copies appended to Official Minutes, Attachment B.)

IV.

Deborah Harki, Coordinator of Foreign Language, Office of Instructional Services, introduced Mr. Worth Hatley, Special Consultant - Marketing and Placement, and Ms. Terri Strange-Boston, Regional Director, Mid-Atlantic States, with the Visiting International Faculty Program. Mr. Hatley and Ms. Strange-Boston provided information regarding the program's mission, teacher nationalities recruited, program growth, recruitment and selection process, logistical support network, professional and personal follow-up support for the teacher, school district's role, and teacher's role. (Copy appended to Official Minutes, Attachment C.)

V.

Dr. Pamela S. Cain, Assistant State Superintendent, Division of Instructional and Student Services, Dr. Jan Barth, Executive Director, Office of Student Support Services and Ms. Lenore Zedosky, Executive Director, Office of Healthy Schools provided the Board an overview of the proposed revisions to Policy 2421.

Following discussion, Rebecca Tinder, General Counsel, was directed to redraft the policy for distribution to the Board by November 21, 2001. Upon receipt of the redrafted policy the Board is to provide Ms. Tinder comments/suggestions/corrections by November 27, 2001. Upon receipt of comments/suggestions/corrections Ms. Tinder is to copy the documents received and distribute them to all Board members prior to the next meeting of the Board which is to take place on November 29, 2001. During the November 29, 2001 meeting, the Board will discuss Policy 2421 and its potential placement on the December agenda for appropriate action.

VI.

Jennifer Emswiler, Coordinator, Office of School-Community Relations, provided the Board handouts and an update regarding marketing including the 2002 legislative agenda, and student assessment and revised education goals. (Copies appended to Official Minutes, Attachment D.) Following discussion of marketing techniques, Ms. Emswiler was asked to provide Board members several past issues of the State Ed publication so that its content, distribution, etc., can be evaluated.

VII.

Brenda Williams, Executive Director of the Office of Instructional Technology, Donna Miller, Coordinator, Office of Technology and Information Systems, and Deborah Harki, Coordinator of Foreign Language, Office of Instructional Services, provided the Board an update regarding the virtual school initiative. (Copies of materials distributed during the presentation are appended to Official Minutes, Attachment E.)

VIII.

President Chapman recessed the meeting at 5:10 p.m.

IX.

President Chapman called the meeting back to order at 8:30 a.m. on November 8, 2001, in the Board Conference Room, Capitol Building 6, Room 353, 1900 Kanawha Boulevard, East, Charleston, West Virginia.

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

X.

Superintendent Stewart introduced two new employees of the Department: Jennifer Emswiler, Coordinator, Office of School-Community Relations, and Norma Miller, Executive Director, Office of Program Services.

XI.

Dr. Ruby K. Payne, nationally known for her work, "A Framework for Understanding Poverty," addressed the Board. Dr. Payne has provided training for hundreds of Department, county and school personnel.

XII.

Upon motion by J. D. Morris, second by Howard M. Persinger, Jr.,the Board unanimously approved the agenda with the following modifications:

James J. MacCallum requested that a Statement from the Board regarding the events of September 11 be added to the Agenda.

Barbara N. Fish requested Attachment M, Strengthening Grammar Skills, be removed for discussion.

Howard M. Persinger, Jr., requested the Minutes be removed for discussion.

President Chapman requested Personnel, Waivers and Transfer of Teachers be removed for discussion.

XIII.

An on-site review of the Calhoun County School System was conducted December 6 - 7, 2000. A Follow-up Education Performance Audit Team returned to Calhoun County October 23, 2001 to verify correction of the noncompliances identified during the original on-site review.

Upon recommendation of the OEPA, a motion by Paul J. Morris, second by James J. MacCallum, the Board unanimously granted the Calhoun County School System Full Approval status and all Calhoun County Schools Full Accreditation status. (Copy appended to Official Minutes, Attachment F.)

XIV.

A random and unannounced Education Performance Audit was conducted at the Calhoun Gilmer Career Center. A Follow-up Education Performance Audit Team returned to the Calhoun Gilmer Career Center on October 23, 2001 to verify correction of the noncompliances identified during the original Education Performance Audit.

Upon recommendation of the OEPA, a motion by Ronald B. Spencer, second by Paul J. Morris, the Board unanimously granted the Calhoun Gilmer Career Center Accreditation status. (Copy appended to Official Minutes, Attachment G.)

XV.

An on-site review of the Lewis County School System was conducted October 25 - 26, 1999. An Education Performance Audit Team returned to Lewis County on December 14 - 15, 2000. The purpose of the return team visit was to verify correction of the noncompliances identified during the original Education Performance Audit. The Team found that seven (7) noncompliances had not been corrected and the State Board directed Lewis County to correct the lingering noncompliances by May 2001. Another Team returned to Lewis County on October 29, 2001 to conduct a Second Follow-Up Education Performance Audit.

Upon recommendation of the OEPA, a motion by James J. MacCallum, second by Howard M. Persinger, Jr., the Board unanimously granted the Lewis County School System Full Approval status and all Lewis County Schools Full Accreditation status. (Copy appended to Official Minutes, Attachment H.)

XVI.

At the direction of the West Virginia Board of Education, an Education Performance Audit was conducted in the McDowell County School System October 22 - 25, 2001.

It was the recommendation of the OEPA that the McDowell County School System be issued nonapproval status and that extraordinary circumstances exist in the county that constitute major impediments to the provision of education programs and services for students. It was further recommended that since these extraordinary circumstances had been documented and currently exist, delaying intervention by the West Virginia Board of Education into the McDowell County schools for any period of time would not be in the best interests of the students in McDowell County.

Upon motion by Paul J. Morris, second by James J. MacCallum, the Board, by unanimous vote, accepted the recommendations of OEPA. (Copy appended to Official Minutes, Attachment I.)

Superintendent David Stewart issued the following recommendations to the State Board as a result of the recommendations of the OEPA:

1) that the State Board find, based on the report from the Office of Education Performance Audits, that extraordinary circumstances exist in the McDowell County school system

2) that the State Board assign nonapproval status to the McDowell County school system

3) that the State Board declare that a state of emergency exists in the McDowell County school system based on the information presented in the OEPA report

4) that the State Board find that the conditions precedent to State Board intervention in a county school system are present in this instance

5) that the State Board find that it would not be in the best interests of the students of McDowell County to delay intervention for any period of time

6) that the State Board limit the authority of the McDowell County Board of Education as to the expenditure of funds, the employment and dismissal of personnel, the establishment and operation of the school calendar, and the establishment of instructional programs and rules

7) that the State Board declare the office of county superintendent of schools of McDowell County to be vacant

8) that the State Board grant G. A. McClung a leave of absence from his position as Assistant State Superintendent for the period November 8, 2001 through December 2, 2001

9) that the State Board appoint G. A. McClung, Assistant State Superintendent, to serve as Interim Superintendent of McDowell County Schools from November 8, 2001 through December 2, 2001 at a salary of $6,155.17

10) that the State Board appoint Dr. Mark A. Manchin as Superintendent of McDowell County Schools from December 3, 2001 through June 30, 2005 at an annual salary of $92,000

11) that the State Board direct Dr. Mark A. Manchin and the state superintendent to jointly develop and present to the State Board at its February 2002 meeting a set of standards that must be met in order for the McDowell County Board of Education to regain control of the school system

12) that the State Board direct Dr. Mark A. Manchin to provide a monthly report to the State Board beginning with the January 2002 State Board meeting

Upon motion by Sheila M. Hamilton, second by James J. MacCallum, the Board, by unanimous vote, approved the twelve recommendations of Dr. Stewart.

It is noted that the Board had been informed that the former Superintendent, Dr. J. Kenneth Roberts, resigned effective November 2, 2001, and that the McDowell County Board met on November 5, 2001, following preliminarily being advised of the anticipated recommendation and action, and by letter dated November 7, 2001, asked the State Board to take control of the McDowell County School System as reflected in the attachment. (Copy of the letter appended to the Official Minutes, Attachment I.)

XVII.

Upon motion by James J. MacCallum, second by Paul J. Morris, the Board by unanimous vote, entered the following Statement, regarding the events of September 11, into the record:

The terrorist attacks of September 11, 2001, have left an indelible mark on this great country, and most certainly, on West Virginia. None of us will every forget where we were when the senseless, cowardly crimes were committed against our nation.

Since then, the grief process has been both personal and national. We grieve for the many brave Americans who lost their lives and we grieve for the families and friends who lost their loved ones. But in addition, we mourn a loss of innocence. We as a nation recognize that our way of life has been forever changed. And we must now live in a new world, with a different stage and an unfamiliar script.

We are a resilient nation. We have come together with a renewed sense of patriotism. We recognize that while there are many things that separate us as Americans, we are drawn together by our ideals of tolerance, equity and social justice.

The West Virginia Board of Education is committed to reinforcing and maintaining a foundation of respect and responsibility for our young people. And out of this tragic loss, we will work to capture the opportunity to improve the future. We must do so for our children . . . and our children's children.

XVIII.

Superintendent Stewart issued a statement regarding the quality technical assistance being provided to low-performing schools with the goal of preventing the need for future Board interventions. James J. MacCallum reflected on to the historical, statutory, and constitutional authority that allows the Board to take these actions.

XIX.

Upon motion by Ronald B. Spencer, second by James J. MacCallum, the Board unanimously approved the consent agenda as modified. (Copies appended to Official Minutes, Attachments J-M.)

The McDowell County Board of Education requested approval of an amendment to its CEFP to include the provision for the renovation of the Career and Technical Center to house a Cosmetology Program.

The Mingo County Board of Education requested approval of an amendment to its CEFP to include the provision for an elevator at Gilbert Middle School.

The Lincoln County Board of Education requested approval of an amendment to its CEFP to reflect the following needed renovations and equipment replacements at schools scheduled to remain open after the new high school is completed. It is anticipated that the projects will be funded by the Federal Renovations Grant submitted September 21, 2001.

School Project Estimated Cost

Duval High Handicap Ramp $ 47,000.00

Duval High Fire Alarm System

Hamlin Elementary Fire Alarm System

Hamlin High Fire Alarm System $103,000.00

Midway Elementary Elevator $225,000.00

Duval High Sewer Plant Repairs $ 43,000.00

For the Month of October 2001

Total Supplements = $52,122,250 Total Transfers = $5,929,877

W.Va. Code §18A-2-3 provides that county boards of education may hire retired teachers for an unlimited number of days providing the county board adopts a policy detailing areas of critical need for substitutes and providing that the State Board approves the county policy.

Kanawha County, Lincoln County, Hampshire County and the West Virginia Schools for the Deaf and the Blind submitted policies for State Board approval. (Attachment K.)

As of October 29, 2001, the Department of Education had received an additional 20 applications for a total of 1,085 applications for Operation Recognition in connection with Policy 4355: High School Diplomas for Veterans. (Attachment L.)

Policy 5100 - Approval of Education Personnel Programs 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 must meet 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 2001-2001 and distributes this document throughout the state.

At its July meeting, the Board approved the annual reports for the 18 professional preparation programs in the state. Attached M contains the two Department publications that are an outgrowth of this approved process. These documents will be distributed to the local county school districts, higher education institutions, and guidance counselors throughout the state. (Attachment M.)

XX.

Mr. Persinger requested the following changes: Page 9, at XXVI. Status of Tomblin v. Gainer, second paragraph, after the word matters add "with their attorneys, Michael J. Farrell and Katherine L. Dooley," and Page 13, at XXXV. Personnel, second paragraph, after the word discuss, add "with its attorney, Rebecca Tinder," and delete the word personnel.

Upon motion by Howard M. Persinger, Jr., second by Sheila M. Hamilton, the Board unanimously approved the minutes with Mr. Persinger's changes included. (Copy appended to Official Minutes, Attachment Mc.)

XXI.

This item recommended action on fifteen (15) waiver requests: (a) nine (9) requests for new waivers of instructional materials; and (b) six (6) requests for continuation of waivers of instructional materials.

Upon motion by James J. MacCallum, second by Sheila M. Hamilton, following a brief discussion, the Board, by unanimous vote, approved the waiver requests as submitted. (Copy appended to Official Minutes, Attachment N.)

XXII.

W.Va. Code §18A-4-7a requires that county superintendents notify the State Board of each transfer of a person employed in a professional position to another professional position after the fifth day prior to the beginning of the instructional term. The State Board is not required to act on the information about the transfers.

President Chapman asked that the Department determine if all such transfers are being reported. (Copy appended to Official Minutes, Attachment O.)

XXIII.

President Chapman removed this item from the Consent Agenda due to pending legal issues and called for an executive session to discuss with its attorney, Rebecca Tinder, matters deemed to be within the purview of attorney-client privilege pursuant to the holding in Peters v. County Commission, 519 S.E.2d 179 (W.Va. 1999).

Upon motion by Howard M. Persinger, Jr., second by J. D. Morris, the Board, by unanimous vote, entered into Executive Session at 10:10 a.m.

XXIV.

The Board returned from Executive Session at 10:41 a.m. at which time President Chapman announced no action was taken and no decisions made.

Upon motion by J. D. Morris, second by James J. MacCallum, the Board, by unanimous vote, approved the personnel items for the Department of Education and West Virginia Schools for the Deaf and the Blind as listed in the attachment. (Copy appended to Official Minutes, Attachment P.)

Dr. Stewart announced that a dinner is planned for the Board with the Higher Education Policy Commission on December 12.

XXV.

Barbara N. Fish requested this item be removed from the Consent Agenda for discussion.

Dr. Pamela S. Cain provided clarification regarding this initiative. President Chapman suggested language of the initiative be strengthened from "should" and "could" to "shall" and also asked how the Board can assist parents. Dr. Cain indicated that parental contacts would be made through the language arts component of the school curriculum. Mr. Persinger suggested pronouns be added to the list of concerns. Dr. Stewart indicated updates regarding this initiative will be placed on future agendas until such time as the Board indicates it no longer wishes such an update. (Copy appended to Official Minutes, Attachment Q.)

XXVI.

Kim Hough, Coordinator, Office of Professional Preparation, provided information about the number of teachers currently employed on a permit basis or out-of-field authorization. Mrs. Fish requested that the report be distributed to all members of the IMPACT Advisory Council. (Copy appended to Official Minutes, Attachment R.)

XXVII.

John Hough, Executive Assistant to the State Superintendent, provided information about the hiring/placement in West Virginia of the 2000 teacher education graduates from West Virginia colleges and universities. (Copy appended to Official Minutes, Attachment S.)

XXVIII.

The West Virginia Board of Education annually establishes goals for professional development in the public schools of the state. For the period of time from June 1, 2002 - May 31, 2003, the Board establishes the eight goals and their accompanying objectives cited in the attachment. In addition, the Board anticipates an evaluation of the plans submitted from the West Virginia Department of Education, the eight Regional Education Service Agencies, and the West Virginia Center for Professional Development no later than August 31, 2003. This evaluation is to reflect if the "anticipated result" of each objective was accomplished.

Following discussion, this document was referred back to the Department for further refinement and discussion at the November 29, 2001 meeting of the Board. (Copy appended to Official Minutes, Attachment T.)

XXIX.

for Group II - English Language Arts Grammar and Composition,

Speech Journalism, Handwriting, Foreign Language 7-12,

Vocational Agriculture, Biology: Technical/Conceptual and

Conceptual Mathematics

The West Virginia Instructional Materials Review Committee, in accordance with the requirements specified in WV Code §18-2A, completed the process of reviewing and recommending textbooks, instructional materials, and learning technologies for Group II - English Language Arts Grammar and Composition, Speech, Journalism, Handwriting, Foreign Language 7-12, Vocational Agriculture, Biology: Technical/Conceptual and Conceptual Mathematics. To arrive at its recommendations, the committee reviewed materials submitted by 17 publishers. The instructional materials recommended have met established generic and specific criteria for English Language Arts Grammar and Composition, Speech, Journalism, Handwriting, Foreign Language 7-12, Vocational Agriculture, Biology: Technical/Conceptual and Conceptual Mathematics and are aligned with the Instructional Goals and Objectives. Upon approval, the 2001 recommended programs adopted for the above subject areas became part of the Official State Multiple List of Instructional Materials.

Upon motion by Ronald B. Spencer, second by James J. MacCallum, the Board, by unanimous vote, approved of the committee's recommendations for the Official State Multiple List of Instructional Materials for Group II. (Copy appended to Official Minutes, Attachment U.)

XXX.

Four schools that have operated year-round calendars for several years under Policy 3234 requested approval for continued operation of year-round calendars. The schools are: Piedmont Elementary, Chandler Elementary, and Glenwood Elementary (all in Kanawha County), and Spring Hill Elementary in Cabell County. Policy 3234 was amended in April 2001 to allow for State Board approval of year-round calendars for a period of up to three years.

Upon motion by Howard M. Persinger, Jr., second by Sheila M. Hamilton, the Board, by unanimous vote, approved the four schools for the operation of year-round calendars during the 2002-2003, 2003-2004, and 2004-2005 school years as long as the respective county boards of education have authorized them to do so. (Copy appended to Official Minutes, Attachment V.)

XXXI.

Policy 3233 governs the operation of the regional education service agencies and was last amended in September 2000. The proposed revision would eliminate the requirement that the State Board and the RESA directors/chairs automatically meet twice per year in favor of a requirement that they meet when an agenda would be mutually beneficial or agreed upon.

President Chapman requested some technical changes be made to the policy prior to its placement on public comment.

Upon motion by Ronald B. Spencer, second by Paul J. Morris, the Board, by unanimous vote, placed Policy 3233, with President Chapman's changes included, on public comment through December 28, 2001. (Copy appended to Official Minutes, Attachment W.)

Howard M. Persinger, Jr., moved, second by James J. MacCallum, approval of all listed voting items. Upon the call for discussion, Mrs. Fish brought up Voting Item #2 - Public Policy Positions of the National Association of State Boards of Education. Following discussion, Mr. Persinger withdrew his motion and Mr. MacCallum withdrew his second as there was no consensus by the members on the Public Policy Positions and as such the ballot would not be submitted to NASBE. (Copy appended to Official Minutes, Attachment X.)

XXXIII.

The next meeting of the West Virginia Board of Education will take place on November 29, 2001. The next regular meeting of the West Virginia Board of Education will take place on December 12-13 in Charleston, West Virginia.

XXXIV.

Daniel S. Zirkle, Distinguished Educator and Principal of Pikeview High School in Mercer County, addressed the Board regarding the atmosphere and environment he found at Mt. View High School.

President Chapman thanked G. A. McClung for agreeing to serve as interim superintendent of McDowell County Schools. Dr. Seal thanked the team of individuals who conducted the McDowell County Education Audit Review.

XXXV.

Upon motion by James J. MacCallum, second by J. D. Morris, the Board, by unanimous vote, adjourned at 12:07 p.m.

Minutes approved by the Board on December 13, 2001.

______________________________________________

Sandra M. Chapman, President

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