Board Conference Room

Capitol Building 6, Room 353

1900 Kanawha Boulevard, East

Charleston, West Virginia

December 12, 2001


Call to Order

President Sandra M. Chapman called the meeting of the West Virginia Board of Education to order at 1:04 p.m. on December 12, 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 David Stewart, State Superintendent of Schools. Members absent: Secretary James J. MacCallum and J. Michael Mullen, Chancellor, The West Virginia Higher Education Policy Commission


Legislative Agenda/Press Initiative

John Hough, Executive Assistant to the State Superintendent, and Jennifer Emswiler, Coordinator, Office of School-Community Relations provided updates. Dr. Hough distributed and discussed the State Board of Education 2002 Legislative Agenda. Ms. Emswiler distributed an informational packet to assist the Board in answering questions with regard to the Legislative agenda. Included in the informational packet were draft press releases and op ed articles for the Board's review and comment. Comments are to be submitted no later than December 21 and press releases are scheduled to begin January 2, 2002. (Copies appended to Official Minutes, Attachment A.)

Randy Coleman, Communications Director, and Cristy Morris, Deputy Secretary, Department of Military Affairs and Public Safety, spoke to the Board regarding the anti-terrorism bill that became effective at passage. Mr. Coleman indicated that Military Affairs is interested in working with the Department to make the information contained in this bill available throughout the state.


Report - Tomblin v. Gainer Testing Committee

Bill Luff, Deputy State Superintendent of Schools, provided a video presentation report of the Tomblin v. Gainer Testing Committee with regard to accountability. Mr. Luff also distributed a copy of the video presentation which dealt with early decisions of the committee; performance goals; accountability for grades K through 10; accountability for results on the alternate assessment; other accountability areas; unacceptable performance level; time line for implementing new accountability system; technical assistance for low performing schools; and issues yet to be decided. (Copy appended to Official Minutes, Attachment B.)


Policy 2510 - Assuring the Quality of Education:

Regulations for Education Program

Bill Luff distributed and discussed a draft revision of Policy 2510. (Copy appended to Official Minutes, Attachment C.)

President Chapman questioned whether grammar as well as proper speech had been adequately addressed throughout the document. President Chapman also indicated there were several stylistics changes she would like considered and submitted same to Mr. Luff for revision.


Title I

Dr. Stewart discussed an issue with the Board regarding Title I and indicated that a letter has been crafted to the United States Department of Education (USDE) indicating that we are ready to enter into a compliance agreement. Legal notice will be placed in the newspapers regarding a public hearing that will take place with USDE and state staff in attendance and will be open to the public. The notice of hearing will contain a chronology of events that have lead up to this action.


Policy 2510 - Assuring the Quality of Education:

Regulations for Education Program (Continued)

The issue of banked time was discussed. The general consensus was to eliminate banked time and await comments.


Policy 2320 - Performance Based Accreditation System

Kenna R. Seal, Director, Office of Education Performance Audits, reviewed the intent of the legislation in HB 2934 and recommendations of the committee with regard to Policy 2320. The recommendations may be found under Attachment J of the December 13 agenda. Dr. Seal proceeded with a page by page review of changes to the policy. President Chapman indicated that a concern had been addressed to her that the policy, as currently written, causes counties to fabricate the truth with regard to attendance. Dr. Seal indicated that he felt this was a non-issue and would be a very serious infraction but agreed previously to investigate. Tomorrow's action regarding Policy 2320 is to receive the report of the committee. Dr. Seal does not anticipate any action with regard to revising Policy 2320 until Policy 2510 is adopted. Comments from the Board regarding the policy are to be submitted to Dr. Seal.


Policy 2430 - Bullying, Harassment, and Intimidation

Rebecca Tinder, General Counsel to the Department and the Board, discussed Policy 2430 and in-house comments received. Following a lengthy discussion, Ms. Tinder was directed to make a number of technical changes, suggested by Mrs. Fish, Mr. Persinger and President Chapman, and bring the revised policy before the Board on December 13 for action. President Chapman also indicated that a press release was needed regarding this policy.

Mr. Persinger stated that he was not satisfied that this was the Board's best effort and would vote against placing the policy on comment.


Future Meetings

The next regular meeting of the West Virginia Board of Education will be held December 13, 2001 in Charleston, West Virginia.



Upon motion by J. D. Morris, second by Howard M. Persinger, Jr., the Board adjourned at 5:35 p.m.

Minutes approved by the Board on January 9, 2002.


Sandra M. Chapman, President