MINUTES

WEST VIRGINIA BOARD OF EDUCATION

Board Conference Room

Capitol Building 6, Room 353

1900 Kanawha Boulevard, East

Charleston, West Virginia

January 9, 2002

I.

President Sandra M. Chapman called the regular meeting of the West Virginia Board of Education to order at 8:30 a.m. on January 9, 2002, 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, J. D. Morris, 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: Sheila M. Hamilton.

II.

Upon motion by James J. MacCallum, second by Howard M. Persinger, Jr., the Board unanimously approved the agenda with the following modifications: removed for further discussion from the Consent Agenda items C, 6. Appointment to the Commission for Professional Teaching Standards, and B, 1. School Closures - Hancock County

III.

President Billie Frye called the joint meeting of the Lincoln County Board of Education with the West Virginia Board of Education to order at 8:33 a.m. on January 9, 2002, in Capitol Building 6, Room 353, Charleston, West Virginia. Members present for the Lincoln County Board of Education were: Royce Edward Frye, Carol Smith, and Superintendent Bill Grizzell. Members absent were: Phoebe Harless and Bill Workman. Mr. Grizzell introduced members of his staff who were also in attendance: Larry Lohan, Donna Martin, Danny Plumley, Jeff Huffman, Dwight Coburn, and Doug Smith.

Superintendent Grizzell provided a presentation detailing Lincoln County's progress in meeting the standards as set by the State Board in the following areas: curriculum and instruction, finance, facilities, administrative, staff development, personnel, student and school performance, and safe schools.

Following the progress report open discussion ensued between the members of the State Board and Lincoln County Board regarding issues of concern including SAT-9 scores, consolidation and location of the new high school.

Upon motion by Royce Edward Frye, second by Carol Smith, the Lincoln County Board of Education, by unanimous vote, adjourned at 9:18 a.m. (Copy of agenda appended to Official Minutes, Attachment A.)

IV.

President Chapman recessed the meeting at 9:19 a.m.

V.

President Chapman called the meeting back to order at 9:34 a.m.

VI.

State Superintendent Stewart introduced Carol Paxton, a newly employed associate staff member in the Office of Instructional Services.

VII.

State Superintendent Stewart provided a progress report regarding the fire that destroyed the building housing RESA VII.

Dr. Stewart also discussed the signing of the No Child Left Behind Act and indicated that he would be traveling to Washington, D.C., to gather additional information regarding the bill.

VIII.

A random and unannounced Education Performance Audit was conducted at the James Rumsey Technical Institute on October 31, 2000. A Follow-up Education Performance Audit Team returned to the James Rumsey Technical Institute on December 4, 2001 to verify correction of the noncompliances and recommendations identified during the original Education Performance Audit.

Upon recommendation of the OEPA, a motion by J. D. Morris, second by James J. MacCallum, the Board unanimously issued the James Rumsey Technical Institute Temporary Accreditation status. (Copy appended to Official Minutes, Attachment B.)

IX.

County boards are required to ensure that any school issued seriously impaired 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. Two (2) schools performing within the seriously impaired accreditation 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.

Upon recommendation of the OEPA, a motion by Howard M. Persinger, Jr., second by Paul J. Morris, the Board unanimously approved the plans listed in the chart found at Attachment C. (Copy appended to Official Minutes, Attachment C.)

X.

The Office of Education Performance Audits developed a Strategic Plan for FY 2002 which was presented to the State Board at the October 2001 meeting. The plan outlined the mission statement, goals, objectives, activities, and a completion date(s). The report addresses mid-year progress on each objective and activity. (Copy appended to Official Minutes, Attachment D.)

XI.

Upon motion by Howard M. Persinger, Jr. , second by James J. MacCallum, the Board unanimously approved the consent agenda items with the following amendments: move School Closures - Hancock County and Appointment to the Commission for Professional Teaching Standards to immediately follow the remainder of the Consent Agenda. (Copies appended to Official Minutes, Attachments E-K.)

As of January 2, 2002, the Department of Education had received an additional 14 applications for a total of 1,108 applications for Operation Recognition in connection with Policy 4355: High School Diplomas for Veterans. (Attachment G.)

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. One (1) principal submitted a written waiver request for the 2002 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 the waiver request. (Attachment H.)

The Board approved three (3) waiver requests; details may be found in the attachment. (Attachment I.).

Berkeley and Brooke County Schools submitted policies that met the statutory requirements and were approved. (Attachment J.)

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

XII.

G. A. McClung, Assistant State Superintendent, Division of Administrative Services, presented the Hancock County Board of Education's request for approval of the closure of New Cumberland Elementary School, effective at the end of the 2001-2002 school year, and the assignment of its student population as follows: Pre-school students to Jefferson, Weirton Heights, New Manchester, Liberty Elementary Schools, or the John D. Rockefeller Career Center; Kindergarten through 4^th grade students to New Manchester, Liberty, and Weirton Heights Elementary Schools; 5^th and 6^th grade students to New Manchester Elementary School and Weir Middle School. In addition, the Hancock County Board of Education also requested permission to close Marland Heights Elementary School, effective at the end of the 2001-2002 school year, and assignment of its student population as follows: Kindergarten through 4^th grade to Weirton Heights Elementary School; grade 5 students to Weir Middle School; and, an adjustment in the attendance boundaries between Weirton Heights and Liberty Elementary Schools. Related components of the closure plan include the assignment of 5^th grade students in Broadview, Liberty, Marland Heights and Weirton Heights Elementary Schools to Weir Middle School and an adjustment of the attendance boundaries between New Manchester and Jefferson Elementary Schools, effective at the end of the 2001-2002 school year.

Danny Kaser, Superintendent, Hancock County Schools, also addressed the Board and indicated that both closures are contained in Hancock County's Comprehensive Educational Facilities Plan and are necessary due to decreased student enrollment.

Upon motion by Howard M. Persinger, Jr., second by J. D. Morris, the Board, by unanimous vote, approved the school closures.

XIII.

Created by Policy 5050, the Commission for Professional Teaching Standards serves in an advisory capacity to the West Virginia Board of Education on issues relating to teacher quality. Due to the resignation of one of the current members representing AFT, Jama Huffman was nominated to be an AFT representative on the Commission. Mrs. Huffman is currently a Kindergarten teacher at Cedar Grove Community School in Kanawha County. She began her teaching career in 1979, taught first grade at Valley Grove Elementary school for 11 years, and has also served as GED Administrator at Garnet Technical Center.

Phyllis Durden, Executive Director, Office of Professional Preparation, addressed the Board regarding the nomination process which is found in State Board Policy 5050. President Chapman directed that Policy 5050 be reviewed and discussed further.

Upon motion by Howard M. Persinger, Jr., second by Paul J. Morris, the Board, by unanimous vote, appointed Jama Huffman to the Commission for Professional Teaching Standards.

XIV.

Gib Brown with The James and Law Company of Clarksburg, West Virginia, provided the annual report of activities of the State Instructional Materials Depository. The James and Law Company was selected as the depository in 1992 for a four year period and since 1996 has continued to serve at the will and pleasure of the Board. Mr. MacCallum provided historical information regarding the selection of the James and Law Company. Following discussion, the Department was directed to determine whether there were any policies or statutes requiring a periodic bidding process regarding the selection of a depository. (Copy appended to Official Minutes, Attachment L.)

Lenore Zedosky, Executive Director, Office of Healthy Schools, presented the 2001 Youth Risk Behavior Survey Report results. Ms. Zedosky also provided a brief update regarding harassment incidents now being reported by the counties.

The Youth Risk Behavior Survey is administered to a random sample of students in grades 6-12. It measures behaviors in the following six areas: tobacco, alcohol and other drugs, intentional and unintentional injury, sexual behavior, nutrition and physical activity. Trend data (1991-2001) was presented. Extensive dissemination of the report was encouraged. (Copy appended to Official Minutes, Attachment M.)

XV.

Dr. Stewart recognized Senator John Pat Fanning of McDowell County.

Ms. Frankie Patton Rutherford, spokesperson for Parents, Students, Teachers and Others Building a Better Educational System in McDowell County (TOPS in Education) distributed and discussed a document entitled "Task Force Position Statement on Education in McDowell County." (Copy appended to Official Minutes, Attachment Mc.) Tom Hatcher, Ph.D., Mayor of War, also addressed the Board regarding issues arising as a result of the takeover. Mark Manchin, Superintendent of McDowell County Schools, addressed the Board regarding the many challenges facing McDowell County.

Upon conclusion of remarks concerning McDowell County, Dr. Stewart indicated that curriculum is the first order of business and while assessment of school facilities is taking place, school closures/consolidations have not been decided and will only occur upon the proper amendment of the McDowell County CEFP.

XVI.

President Chapman recessed the meeting at 11:15 a.m.

XVII.

President Chapman called the meeting back to order at 11:32 a.m.

XVIII.

Dr. Stewart recognized Delegates Jerry Mezzatesta and Larry Williams. Delegate Mezzatesta, Chair of the House Education Committee, addressed the Board regarding Policy 2510 and the proposed elimination of banked time. He also discussed several bills likely to be introduced during the upcoming legislative session, including one dealing with RESAs and another dealing with staff development.

XIX.

Lydotta Taylor, EdVenture, provided the Board a report regarding the Gates Foundation Leadership Grant.

XX.

President Chapman recessed the meeting at noon for lunch.

XXI.

President Chapman called the meeting back to order at 12:37 p.m.

XXII.

Stanley E. Hopkins, Assistant State Superintendent, Division of Technical and Adult Education, presented a recent report by the Southern Regional Education Board that detailed the major benefits, challenges and opportunities that exist as states, districts and schools strive to raise the achievement of career/technical students in preparation for careers and further education. (Copy appended to Official Minutes, Attachment N.)

XXIII.

Rebecca Tinder, General Counsel to the Board and the Department, summarized a request by the Hampshire County Development Authority to lease certain real estate situate in Hampshire County and owned by the State Board.

Upon motion by J. D. Morris, second by Ronald B. Spencer, the Board unanimously approved the lease. (Copy appended to Official Minutes, Attachment O.)

XXIV.

Rebecca Tinder presented Policy 1241 for the Board's approval. This procedural rule implements the required format, adds appropriate citations, and allows flexibility for the starting time of meetings. The comment period ended on December 11, 2001 and no comments were received.

Upon motion by James J. MacCallum, second by Paul J. Morris, the Board unanimously approved Policy 1241. (Copy appended to Official Minutes, Attachment P.)

XXV.

Rebecca Tinder presented Policy 1242 for the Board's approval. This procedural rule updates the legal citations and provides greater flexibility in the length of time policies are placed on public comment. The comment period ended on December 11, 2001 and no comments were received.

Upon motion by James J. MacCallum, second by Paul J. Morris, the Board unanimously approved Policy 1241. (Copy appended to Official Minutes, Attachment Q.)

XVI.

Rebecca Tinder presented Policy 1340 for the Board's consideration. Revisions are recommended to align the procedure with a recent West Virginia Supreme Court decision regarding

the designation of a hearing officer to hear certification issues.

Upon motion by Howard M. Persinger, Jr., second by J. D. Morris, the Board unanimously placed Policy 1340 on public comment until February 9, 2002. (Copy appended to Official Minutes, Attachment R.)

XXVII.

G. A. McClung, Assistant State Superintendent, Division of Administrative Services, presented the Berkeley County Board of Education's request for approval of an amendment to its Comprehensive Educational Facilities Plan (CEFP) to include the removal of two modular structures each from Tuscarora Elementary and from Opequon Elementary Schools; placement of aforementioned modular structures at Berkeley Heights Elementary School (1), Martinsburg South Middle School (1) and Hedgesville High School (2); and a provision for the purchase and placement of a new modular structure at Martinsburg North Middle School.

A question was raised regarding whether bathroom facilities were located in the modular buildings. Manuel P. Arvon, II, Superintendent of Berkeley County Schools, addressed the Board regarding this issue indicating that the structures do not contain bathrooms. However, he explained in detail that students are monitored from the time they leave until they return to their classroom.

Upon motion by Ronald B. Spencer, second by James J. MacCallum, the Board unanimously approved the amendment.

XXVIII.

Jane McBride, Superintendent, West Virginia Schools for the Deaf and the Blind, presented the Eastern West Virginia Community and Technical College's request to establish an Access Center on the campus of the West Virginia Schools for the Deaf and the Blind.

Upon motion by Paul J. Morris, second by J. D. Morris, the Board unanimously approved the request and the Memorandum of Agreement. (Copy appended to Official Minutes, Attachment S.)

XXIX.

Karen Huffman, Assistant Director, Office of Student Services and Assessment, presented Policy 4110 for the Board's consideration.

Policy 4110 has been revised to: 1) define important attendance terms to provide for a more consistent treatment of absences statewide; 2) broaden the responsibility of the West Virginia Department of Education in defining allowable deductions for purposes of attendance calculations in order to provide for consistent reporting for state attendance reports and statistical summaries; 3)

provide a model attendance policy with specific components to be included in county policies that are to be submitted to the Office of Student Services and Assessment for approval; 4) require county policies to include assurances that students with a pattern of excessive absenteeism are referred to appropriate student assistance teams/programs for interventions, and that these interventions be reviewed to determine effectiveness; and, 5) incorporate provisions from W.Va. Code §18-8-11 regarding school attendance as a condition of licensing for the privilege of operation of a motor vehicle.

Upon motion by J. D. Morris, second by Barbara N. Fish, the Board unanimously placed Policy 4110 on public comment until February 11, 2002. (Copy appended to Official Minutes, Attachment T.)

XXX.

Bill Luff, Deputy State Superintendent of Schools, distributed a letter with attachments (Notice of Hearing and Plaintiff's Motion for Enforcement) from Michael J. Farrell, Esq., pertaining to Tomblin v. Gainer. (Copy appended to Official Minutes, Attachment U.)

XXXI.

Beverly Kingery, Coordinator, Office of Instructional Services, and Beth Judy, Coordinator, Office of Student Services and Assessment, distributed and discussed a handout entitled "Reading/English Language Arts Comprehensive Plan, Reading for All, Writing for All, Grammar for All." The Board will be provided with periodic reports on these activities. (Copy appended to Official Minutes, Attachment V.)

XXXII.

Pamela S. Cain, Assistant State Superintendent, Division of Instructional and Student Services, introduced Cathy Jones, Coordinator, Office of Instructional Services, who distributed and provided a report entitled, "The State of Pre-Schools in West Virginia." The Department will continue to report on pre-school efforts. (Copy appended to Official Minutes, Attachment W.)

XXXIII.

The next regular meeting of the West Virginia Board of Education will take place February 13-14, 2002 in Charleston, West Virginia.

XXXIV.

Upon motion by Barbara N. Fish, second by J. D. Morris, the Board, by unanimous vote, adjourned at 1:45 p.m.

Minutes approved by the Board on February 14, 2002.

______________________________________________

Sandra M. Chapman, President

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