MINUTES

WEST VIRGINIA BOARD OF EDUCATION

Board Conference Room

Capitol Building 6, Room 353

1900 Kanawha Boulevard, East

Charleston, West Virginia

December 13, 2001

I.

President Sandra M. Chapman called the regular meeting of the West Virginia Board of Education to order at 8:30 a.m. on December 13, 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, Howard M. Persinger, Jr., Ronald B. Spencer, David Stewart, State Superintendent of Schools, and J. Michael Mullen, Chancellor, The West Virginia Higher Education Policy Commission. Member absent: J. D. Morris.

II.

Upon motion by Paul J. Morris, second by Ronald B. Spencer, the Board unanimously approved the agenda with the following modification: Under Presentations, delete the name of Tony Antonini and add Michelle Turbanic and T. J. Crowley; page 12, item E - change to an action item; and page 13, item H - add to last line "until January 14, 2002."

III.

Frank D. Andrews, Superintendent, Office of Institutional Education Programs, announced that the West Virginia Department of Education's correctional education program at the St. Mary's Correctional Center was awarded the Adult Program of the Year by the West Virginia Adult Education Association on November 16, 2001, at its annual meeting at Pipestem State Park. The education program at the facility works in close cooperation with the Division of Corrections. The Lead Teacher at the facility is Judy Burkle.

Jimmy Graham, Wyoming County, was recognized as the 2001 School Transportation Director of the Year.

IV.

Nancy Hilsbos, parent volunteer and former PTO President, addressed the Board and distributed information regarding Barnes Elementary and its designation as a Seriously Impaired school. (Copy appended to Official Minutes, Attachment A.)

Jim Vickers, Principal of George Washington High School, addressed the Board regarding the requirements that must be met in order for a school to obtain exemplary accreditation status.

V.

Thomas Crowley and Zaia Wharton addressed the Board regarding a proposed Youth Advocate Board that would advise the Board on curriculum and policies to provide a youth perspective. Dr. Stewart responded that the Department's policies are open to everyone for comment and are available on the Department's web site. Mr. MacCallum welcomed the Council to appear at any meeting and speak to the Board regarding issues of concern. (Copy appended to Official Minutes, Attachment B.)

VI.

An on-site review of the Berkeley County School System was conducted October 30 - November 2, 2000. A Follow-up Education Performance Audit Team returned to Berkeley County December 4-6, 2001 to verify correction of the noncompliances identified during the original on-site review.

Upon recommendation of the Office of Education Performance Audits (OEPA), a motion by James J. MacCallum, second by Paul J. Morris, the Board unanimously granted the Berkeley County School System Full Approval status, twenty-three (23) schools Full Accreditation status, two (2) schools Conditional Accreditation status, and one (1) school Temporary Accreditation status. (Copy appended to Official Minutes, Attachment C.)

VII.

An on-site review of the Clay County School System was conducted October 10-11, 2000. A Follow-up Education Performance Audit Team returned to Clay County October 3, 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 Sheila M. Hamilton, the Board unanimously granted the Clay County School System Full Approval status, five (5) Clay County Schools Full Accreditation status, and issued two (2) schools Conditional Accreditation status. (Copy appended to Official Minutes, Attachment D.)

VIII.

An on-site review of the Hancock County School System was conducted November 9-10, 2000. A Follow-up Education Performance Audit Team returned to Hancock County November13-14, 2001 to verify correction of the noncompliances identified during the original on-site review.

Upon recommendation of the OEPA, a motion by Barbara N. Fish, second by Sheila M. Hamilton, the Board unanimously granted the Hancock County School System Full Approval status, twelve (12) Hancock County Schools Full Accreditation status, and issued one (1) school Conditional Accreditation status. (Copy appended to Official Minutes, Attachment E.)

IX.

An on-site review of the Mercer County School System was conducted October 23-26, 2000. A Follow-up Education Performance Audit Team returned to Mercer County October 25-26, 2001 to verify correction of the noncompliances identified during the original on-site review.

Upon recommendation of the OEPA, a motion by Sheila M. Hamilton, second by Ronald B. Spencer, the Board unanimously granted the Mercer County School System Full Approval status, awarded one (1) school Exemplary Accreditation status, granted twenty-two (22) Mercer County Schools Full Accreditation status, and issued two (2) schools Conditional Accreditation status. (Copy appended to Official Minutes, Attachment F.)

X.

An on-site review of the Ohio County School System was conducted January 9-12, 2001. A Follow-up Education Performance Audit Team returned to Ohio County November 5-6, 2001 to verify correction of the noncompliances identified during the original on-site review.

Upon recommendation of the OEPA, a motion by Sheila M. Hamilton, second by James J. MacCallum, the Board unanimously granted the Ohio County School System Full Approval status, awarded three (3) schools Exemplary Accreditation status, and granted ten (10) Ohio County Schools Full Accreditation status. (Copy appended to Official Minutes, Attachment G.)

XI.

An on-site review of the Roane County School System was conducted October 9-11, 2000. A Follow-up Education Performance Audit Team returned to Roane County October 4, 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 Sheila M. Hamilton, the Board unanimously granted the Roane County School System Full Approval status and all six (6) Roane County Schools Full Accreditation status. (Copy appended to Official Minutes, Attachment H.)

XII.

A random and unannounced Education Performance Audit was conducted at the Roane Jackson Technical Center October 9-11, 2000. A Follow-up Education Performance Audit Team returned to the Roane Jackson Technical Center on October 4, 2001 to verify correction of the recommendations identified during the original Education Performance Audit.

Upon recommendation of the OEPA, a motion by Sheila M. Hamilton, second by Ronald B. Spencer, the Board unanimously granted the Roane Jackson Technical Center Full Accreditation status. (Copy appended to Official Minutes, Attachment I.)

XIII.

County boards are required to ensure that any school issued temporary accreditation status revise its Unified School Improvement Plan to increase the performance of the school to a full accreditation status level. The revised plan must include objectives, a time line, an evaluation component, cost estimates, and a date certain for achieving full accreditation. This plan must be submitted to the State Board for approval. Seventy-one (71) schools performing within the temporary accreditation status and seriously impaired status submitted revised Unified School Improvement Plans to the Office of Education Performance Audits. Staff reviewed the plans to determine that the required elements were included, addressed the performance deficiencies, and the date certain was realistic for achieving full accreditation status. Attachment I summarizes the elements of individual Unified School Improvement Plans that were reviewed.

Upon recommendation of the OEPA, a motion by Paul J. Morris, second by Sheila M. Hamilton, the Board unanimously approved the plans listed in the chart, updated the Temporary Accreditation status schools to Conditional Accreditation status, and approved the Date Certain for achieving full accreditation status. (Copy appended to Official Minutes, Attachment J.)

XIV.

The State Board annually rates both schools and school systems on the results of information reviewed from the system of education performance audits. Dr. Donna Davis distributed a corrected copy and provided an overview of the report.

Upon recommendation of the OEPA, a motion by James J. MacCallum, second by Howard M. Persinger, Jr., the Board unanimously issued the schools and school systems in West Virginia the accreditation/approval status as shown in the December 2001 Report of Ratings. Fifty-one (51) schools were declared exemplary. (Copy appended to Official Minutes, Attachment K and addenda.)

XV.

President Chapman called for a recess at 10:25 a.m. and called the meeting back to order at 10:35 a.m.

XVI.

As required by HB 2934, Dr. Seal provided the report of the committee that reviewed Policy 2320.

Upon motion by James J. MacCallum, second by Howard M. Persinger, Jr., the Board unanimously accepted the report. (Copy appended to Official Minutes, Attachment L.)

XVII.

Upon motion by Paul J. Morris, second by James J. MacCallum, the Board unanimously approved the consent agenda items with the following amendment: removed for individual discussion the minutes of the November 7-8 regular meeting. (Copies appended to Official Minutes, Attachments M-S.)

Minutes

November 29 Special Meeting

(Attachment M.)

Amendment - Logan County

Comprehensive Educational Facilities Plan (CEFP)

The Logan County Board of Education requested approval of an amendment to its Comprehensive Educational Facilities Plan (CEFP) to: 1) include the provision for housing all fourth grade students in the Man area at South Man Elementary School beginning with the 2002-2003 school term until the opening of the new Man K-8 facility. This move will change the contingency plan by making South Man Elementary a K-4 facility, Mallory Elementary School will continue to be a PreK-3 facility and the current Man Junior High School will be a 5-8 facility, and 2) reorganize Chapmanville Middle School by making it into a 5-8 facility by transferring the fifth grade students from West Chapmanville Grade, East Chapmanville Grade, and Hugh Dingess Grade Schools, and to reorganize Chapmanville High School by making it into a 9-12 facility whereby the ninth grade students will transfer from Chapmanville Middle School to Chapmanville High School.

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

West Virginia 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. (Attachment O.)

As of December 5, 2001, the Department of Education has received an additional 18 applications for a total of 1,103 applications for Operation Recognition in connection with Policy 4355: High School Diplomas for Veterans. (Attachment P.)

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 least once every four years. The Code and policy specify guidelines for admission to the academy.

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. Two (2) principals submitted written waiver requests for the 2001 Principal Leadership Academy. 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. The Board approved both waiver requests. (Attachment Q.)

The Board approved five (5) waiver requests; details may be found in the attachment. (Attachment R.)

The Board approved personnel items for the Department of Education and West Virginia Schools for the Deaf and the Blind as listed in Attachment S.

XVIII.

Barbara N. Fish indicated that she wanted the minutes to be amended to reflect that the Board abstained from voting with regard to the NASBE ballot as there was no consensus by the members on the Public Policy Positions and as such the ballot would not be submitted to NASBE.

Mr. Persinger questioned the minutes generally as the November minutes were presented as one meeting covering two days. Mr. Persinger asked whether the requirements of a quorum were being met and whether there should be two (2) sets of minutes; one for day one and one for day two. Rebecca Tinder, General Counsel to the Board and the Department, replied that she did not think this was a problem as many of the activities that occur on Wednesday are not acted upon until Thursday. Discussion also ensued regarding what constitutes a quorum and the use of a proxy in voting. Ms. Tinder is to research these matters and provide a report to the Board.

There was also discussion regarding the minutes memorializing what did, in fact, transpire.

Barbara N. Fish moved, with Paul J. Morris seconding, that the minutes be amended to reflect that it was the consensus of the Board that they abstained from voting with regard to the NASBE ballot as there was no consensus by the members on the Public Policy Positions and as such the ballot would not be submitted to NASBE. Motion was carried by a vote of six (6) yeas and one (1) nay (President Chapman). (Copy appended to Official Minutes, Attachment T.)

XIX.

Dr. Stanley E. Hopkins, Assistant State Superintendent, Division of Technical and Adult Education provided the GEAR UP progress report. In September 2000, the West Virginia Department of Education received a five-year, 10.4 million dollar grant to improve the college-going rate in the state. The West Virginia GEAR UP initiative has focused on 35 middle and high schools in eight rural counties, connecting those schools with higher education institutions and local, regional and state partners to bring about substantive improvement in student preparedness and participation in college.

The attachment provides details on the progress being made in creating awareness, motivation and academic preparedness at the 7^th and 8^th grade levels in the targeted schools. (Copy appended to Official Minutes, Attachment U.)

XX.

Karen K. Larry, Administrative Assistant to the State Superintendent, presented the Professional Development Goals for West Virginia for the Board's approval.

The West Virginia Board of Education annually establishes goals for professional development in the public schools of the state. For the period 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 whether the "anticipated result" of each objective was accomplished.

Upon motion by Howard M. Persinger, Jr., second by Barbara N. Fish, the Board unanimously approved the professional development goals and objectives. (Copies appended to Official Minutes, Attachment V.)

XXI.

Dr. Jan Barth, Executive Director, Office of Student Services and Assessment, presented Policy 2340 for the Board's approval.

Policy 2340 was approved for public comment at the October Board meeting. The comment period was from October 11 to November 23, 2001. The revised policy addresses the comments that were submitted and accepted by the policy review committee.

One major change was made to the policy. In order to comply with Title I regulations, all students must be tested in mathematics at one grade level between grades 10-12. There is no math course past Algebra I that all students are required to take. Therefore, it is necessary to institute a tenth grade mathematics test that will include Algebra I and other areas covered by all students prior to the end of the 10^th grade. [Item XXX contains the content standards, objectives and performance descriptors for this new test.]

Upon motion by Sheila M. Hamilton, second by James J. MacCallum, the Board unanimously approved Policy 2340, with the comment revisions, as a transition policy. (Copy appended to Official Minutes, Attachment W.)

XXII.

Deborah Brown, Executive Director, Office of Instructional Services, presented Policy 2520 for the Board's approval.

Policy 2520 - Content Standards and Objectives for West Virginia Schools has been on public comment from October 11 - November 23, 2001. As a result of the committee work by West Virginia educators, focus groups conducted throughout the summer, and comments received, content standards, objectives and performance descriptors are presented for final Board approval. The content areas represented in this initial work on Policy 2520 include mathematics, reading and English language arts, science and social studies.

Upon motion by Paul J. Morris, second by Howard M. Persinger, Jr., the Board unanimously approved Policy 2520. (Copy appended to Official Minutes, Attachment X.)

XXIII.

Rebecca Tinder, General Counsel to the Board and Department, distributed a recent Supreme Court decision that impacted the proposed revisions to Policy 1340 and 5050 and recommended that action on both policies be tabled. Ms. Tinder's recommendation was accepted and no action was taken with regard to Policy 1340 and Policy 5050. (Copies appended to Official Minutes, Attachment Y.)

XXIV.

Kim Hough, Coordinator, Office of Professional Preparation, presented Policy 5202 for the Board's approval. During the 2001 legislative session, two bills were passed which required changes to Policy 5202. Amendments proposed meet current licensure requirements for basic fire fighter standards as set by the West Virginia State Fire Commission and to eliminate permits for school psychologists as per West Virginia Code §30-21-3. The Executive Summary, found in Attachment Y, notes the changes made as a result of public comments.

Upon motion by Howard M. Persinger, Jr., second by James J. MacCallum, the Board unanimously approved Policy 5202. (Copy appended to Official Minutes, Attachment Z.)

XXV.

Bill Luff, Deputy State Superintendent, presented Policy 5203 for the Board's approval for placement on public comment. The State Board approved placing this policy on public comment at the October meeting. Inadvertently, the wrong copy of the policy was filed with the Secretary of State. Therefore, the policy must be placed on comment again in order for the public to have the opportunity to comment on the correct version.

Upon motion by James J. MacCallum, second by Sheila M. Hamilton, the Board unanimously placed Policy 5203 on public comment until January 21, 2002. (Copy appended to Official Minutes, Attachment AA.)

XXVI.

Steve McBride, Executive Director, Instructional Materials, provided the Board a progress report on previously identified Seriously Impaired and low performing schools. In August 2001, 19 low performing and five Seriously Impaired schools were targeted to receive intensive technical assistance. Subsequently, three additional schools requested technical assistance from the Department of Education. The purpose of this report was to provide the State Board with a summary of the progress that Seriously Impaired and low performing schools are making in improving student achievement. (Copy appended to Official Minutes, Attachment BB.)

XXVII.

Steve McBride, Executive Director, Instructional Materials, provided the Board a report regarding the four distinguished educators, employed in September 2001, to provide technical assistance to Seriously Impaired schools. The distinguished educator assignments are as follows: Mary Ann Kaufman - Peterstown Elementary; Dale McVicker - Man Junior High School and West Middle School; Marion Roby - Barnes Elementary; and Dan Zirkle - Mount View High School

XXVIII.

Steve McBride, Executive Director, Instructional Materials, provided the Board with the recommendations of the improvement consultant teams for the five schools identified as Seriously Impaired at the August 2001 meeting. Policy 2320 states: "Whenever a school is Seriously Impaired, the West Virginia Board of Education, shall appoint a team of improvement consultants to make recommendations within sixty days of appointment for correcting the impairment." During the State Board's October 2001 meeting, the Board appointed improvement consultant teams to write recommendations for each of the five schools that had been designated as Seriously Impaired.

Upon motion by Barbara N. Fish, second by Sheila M. Hamilton, the Board unanimously approved recommendations for the five (5) Seriously Impaired schools. (Copy appended to Official Minutes, Attachment CC.)

XXIX.

Steve McBride, Executive Director, Instructional Materials, requested the Board name Dr. Karen Huffman, Lisa Burton-Sites and Doris White to the improvement consultant team for Enslow Middle School, Gauley Bridge High School, Jefferson High School, and Panther Elementary School. These schools have been designated as Seriously Impaired due to poor student attendance. Policy 2320 states: "Whenever a school is Seriously Impaired, the West Virginia Board of Education, shall appoint a team of improvement consultants to make recommendations within sixty days of appointment for correcting the impairment."

Upon motion by Sheila M. Hamilton, second by Paul J. Morris, the Board unanimously appointed Dr. Karen Huffman, Lisa Burton-Sites and Doris White as the improvement consultant team for the above-named four schools.

XXX.

Deborah Brown, Executive Director, Office of Instructional Services, presented the Board with the objectives and performance descriptors for a 10^th grade mathematics assessment that will satisfy federal Title I requirements. This information will be given to the successful bidder on the assessment request for proposals so that work can begin on developing the 10^th grade assessment in January 2002.

Upon motion by Barbara N. Fish, second by James J. MacCallum, the Board approved the objectives and performance descriptors for a 10^th grade mathematics assessment. (Copy appended to Official Minutes, Attachment DD.)

XXXI.

Bill Luff, Deputy State Superintendent of Schools, presented Policy 2510 to the Board for action. Policy 2510 is the major State Board policy that determines how schools are organized for instruction, what curriculum must be offered to students, and instructional and administrative practices needed to effectively deliver that curriculum. This policy was discussed at length during the work session that occurred on December 12, 2001.

Significant changes are proposed to the policy. These changes are summarized in the Executive Summary which is attached to the policy and may be found in Attachment DD.

Upon motion by James J. MacCallum, second by Barbara N. Fish, the Board, by unanimous vote, placed Policy 2510 on public comment until February 15, 2002. (Copy appended to Official Minutes, Attachment EE.)

XXXII.

Sharon Flack introduced Dr. James I. Robertson, Jr., who is widely acclaimed as one of the nation's leading Civil War historians, and is the recognized authority on General T. J. "Stonewall" Jackson. The author or editor of over twenty books, he has received every major honor given in the field of Civil War history. Dr. Robertson is Alumni Distinguished Professor at Virginia Polytechnic Institute.

Dr. Robertson has developed a two-video set entitled "West Virginia as a Child of the Civil War." The forty-minute program tells the story of the creation of the Mountain State in the midst of America's bloodiest war. The support and generosity of the Hugh I. Shott, Jr. Foundation in Bluefield made the video project possible.

Dr. Robertson announced that a video set and teacher's guide has been provided to every West Virginia Studies teacher and provided each Board member a copy of the video set. (Copy appended to Official Minutes, Attachment FF.)

XXXIII.

President Chapman recessed the meeting for lunch at 11:58 a.m. and called the meeting back to order at 12:55 p.m.

XXXIV.

President Chapman indicated that a question had arisen regarding Policy 2510. During the December 12 meeting, several technical changes had been suggested to Policy 2510; however, when the motion was stated to place the policy on public comment, it did not include the changes, as amended. Following brief discussion, it was the consensus of the Board that Policy 2510 would be placed on comment as presented to the Board during at the December 12 work session.

President Chapman also stated, that although an amendment to the November 7-8 minutes was approved, no action was taken to approve the minutes as a whole.

Barbara N. Fish moved, with Ronald B. Spencer seconding, that the minutes, as amended, be approved. Motion carried by unanimous vote.

XXXV.

Rebecca Tinder, General Counsel to the Board and Department, presented Policy 2430, as amended according to comments received during the December 12 work session, to the Board for action. This proposed policy addresses bullying, harassment and intimidation only, all in regard to W.Va. Code §18-2C-1 et seq. and leaves current Policies 2421 and 2425 intact pending additional review, all as previously discussed.

Upon motion by Barbara N. Fish, second by Sheila M. Hamilton, the Board, by a vote of six (6) yeas to one 1 nay (Mr. Persinger), placed Policy 2430 on public comment until January 21, 2002. (Copy appended to Official Minutes, Attachment GG and addendum.)

Following the vote, discussion ensued regarding the consolidation of all policies dealing with harassment. It was the consensus of the Board that work should continue on policy consolidation and Ms. Tinder was directed to prepare forthwith revisions to the latest version of the consolidated policy.

XXXVI.

G. A. McClung, Assistant State Superintendent, Division of Administrative Services, presented Policy 4334 to the for Board action. The revised policy reflects recommended changes made by a committee of West Virginia school transportation professionals and persons representing school bus chassis and body manufacturers, and other manufacturers of components for school buses.

Upon motion by Paul J. Morris, second by Barbara N. Fish, the Board, by unanimous vote, placed Policy 4334 on public comment until January 21, 2002. (Copy appended to Official Minutes, Attachment HH.)

XXXVII.

G. A. McClung, Assistant State Superintendent, Division of Administrative Services, presented the three proposed content specializations to the Board for action. The policy requires the Program Review Board to meet each semester to review new content specializations and make recommendations to the West Virginia Board of Education for action. The Program Review Board met on December 3, 2001 and requested Board approval for three new proposed programs.

The following higher education institutions sought approval for the following proposed new programs, to begin in January 2002, to be added to their existing approved programs: Fairmont State College, Multi-Categorical Special Education (Behavior Disorders, Mentally Impaired, and Specific Learning Disabilities) for Grades K-12 and Computer Science for Grades 5-12; and Shepherd College for School Nurse (Grade Level Not Specified). All these proposed new programs are for high demand content specialization areas in West Virginia public schools.

Upon motion by Howard M. Persinger, Jr., second by James J. MacCallum, the Board, by unanimous vote, approved the three content specialization programs.

XXXVIII.

Due to pending legal issues President Chapman called for an executive session for the Board 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 James J. MacCallum, the Board, by unanimous vote, entered into Executive Session at 1:19 p.m.

XXXIX.

The Board returned from Executive Session at 2:24 p.m. at which time President Chapman announced no action was taken and no decisions were made.

LX.

Dr. Stewart recommended and it was the consensus of the Board to change the future meeting dates as follows:

The dates for the January meeting in Charleston be changed from January 9-10 to January 8-9 to coincide with the Milken conference and banquet.

The dates for the April meeting in Ohio County be changed from April 10-11 to April 17-18 to avoid conflict with student assessments.

The dates for the June meeting at the Schools for the Deaf and the Blind be changed from June 12-13 to June 5-6 to allow members to participate in the graduation ceremony scheduled for June 7.

The next regular meeting of the West Virginia Board of Education will take place January 8-9, 2002 in Charleston, West Virginia.

LXI.

Upon motion by James J. MacCallum, second by Sheila M. Hamilton, the Board, by unanimous vote, adjourned at 2:30 p.m.

Minutes approved by the Board on January 9, 2002.

__________________________________________

Sandra M. Chapman, President

wvbeminutes12/13/01