MINUTES

WEST VIRGINIA BOARD OF EDUCATION

Board Conference Room

Capitol Building 6, Room 353

1900 Kanawha Boulevard, East

Charleston, West Virginia

February 14, 2002

I.

President Sandra M. Chapman called the meeting of the West Virginia Board of Education to order at 9:40 a.m. on February 14, 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, Sheila M. Hamilton, J. D. Morris, Ronald B. Spencer, and David Stewart, State Superintendent of Schools. Member Howard M. Persinger, Jr., participated in the discussion of Agenda Item XXV by teleconference. Member absent: J. Michael Mullen, Chancellor, the West Virginia Higher Education Policy Commission

II.

Upon motion by James J. MacCallum, seconded by Barbara N. Fish, the Board approved the agenda with the following modifications: Barbara Fish requested that both consolidation items be removed from the Consent Agenda; Dr. Stewart requested the following corrections/additions: page 3, item 5, line 3 change "2001" to "2002", page 3, at bottom of page, add 6. Waiver of County Board Training Requirement, page 4, item 3 (Substitute Policies), add "Nicholas" county, page 4, item 4 (Personnel), insert replacement item, and page 6, remove item E. Policy 4100 - Attendance; President Chapman requested two items from the previous day be added under Miscellaneous: Travel Schedule/Communications.

III.

Dr. Stewart introduced a new employee of the Department of Education, Carla Williamson, Coordinator of Middle Childhood, and the 2002 Teacher of the Year, Jeanne Gren, of Monongalia County.

IV.

Kenny Dean with the WV Community Action Association distributed information and addressed the Board regarding Head Start and early child care. (Copy appended to Official Minutes, Attachment A.)

Mary Ann Ferris, a retired French teacher, addressed the Board regarding foreign language and Policy 2510.

Pat Obenauf, Eric Pyle, Joe Evans, Jodi Cunningham, David Goodwin, and Andy Cook, addressed the Board regarding the science program and its staffing. (Copies appended to Official Minutes, Attachment B.)

Tom Vogel addressed the Board regarding proposed revisions to Policy 2510.

V.

Dr. Seal provided the Board an update regarding a ceremony to honor exemplary schools that is planned for March 6, 2002. (Copy appended to Official Minutes, Attachment C and addendum.)

VI.

An on-site review of the Braxton County School System was conducted February 27 - 28, 2001. A Follow-up Education Performance Audit Team returned to Braxton County February 5, 2002 to verify correction of the noncompliances identified during the original on-site review.

Upon recommendation of the OEPA, a motion by J. D. Morris, seconded by Sheila M. Hamilton, the Board granted the Braxton County School System Full Approval status, seven (7) Braxton County schools Full Accreditation status, and issued one (1) school Conditional Accreditation status. (Copy appended to Official Minutes, Attachment D.)

VII.

County boards are required to ensure that any school performing below the requirements for full 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. The attachment summarizes the elements of the revised Unified School Improvement Plan for Mount View High School in McDowell County.

Upon motion by Paul J. Morris, seconded by Ronald B. Spencer, the Board approved the plan, including OEPA stipulations, and Mount View High School in McDowell County is to remain on Seriously Impaired status until the performance measures are met. (Copy appended to Official Minutes, Attachment E.)

VIII.

Upon motion by J. D. Morris, seconded by Paul J. Morris, the Board approved the consent agenda items as amended. (Copies appended to Official Minutes, Attachments F-M.)

The Nicholas County CEFP was modified to contain a provision for the installation of floor covering at Summersville Junior High School.

An executive summary of the State Plan for Implementation of the Summer Food service Program for 2002 may be found in the attachment. Approval of the Plan allowed the Department to meet the submission deadline of February 15 established by the United States Department of Agriculture. (Attachment G.)

The Hampshire County Soccer, AYSO 1117, requested permission to use West Virginia Schools for the Deaf and the Blind property for the 2002 spring and fall seasons. (Attachment H.)

Mrs. Margaret Zembower, a member of the Morgan County Board of Education, requested a waiver under Policy 3235 from the school board training requirement of seven hours set forth in W.Va. Code §18-5-1A due to the loss of her husband after an extended illness. Mrs. Zembower plans to resume acquiring training hours this month. (Attachment I.)

As of February 1, 2002, the Department of Education had received an additional 13 applications for a total of 1,130 applications for Operation Recognition in connection with Policy 4355: High School Diplomas for Veterans. (Attachment K.)

Mingo, Mason and Nicholas County Schools submitted policies that met the statutory requirements and were approved. (Attachment L and addendum.)

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

IX.

President Chapman recessed the meeting at 11:12 a.m.

X.

President Chapman called the meeting back to order at 11:20 a.m.

XI.

G. A. McClung, Assistant State Superintendent, Division of Administrative Services, presented Mingo County's request to amend its CEFP. The CEFP did not contain a provision for the closure of Lenore Grade and Lenore Middle School at the conclusion of the 2001-2002 school year and the consolidation of the students into the new Lenore School, effective at the beginning of the 2002-2003 school year.

Barbara Fish requested clarification regarding the requested amendment. Mr. McClung indicated that the Mingo County Board of Education met all statutes, policies and procedures pertaining to school closure, consolidation and re-configuration.

Upon motion by J. D. Morris, seconded by Sheila M. Hamilton, the Board approved the amendment to the Mingo County CEFP.

XII.

G. A. McClung presented Monongalia County's request to amend its CEFP. The CEFP did not contain a provision for the closure of Waitman Barbe, Westover, Riverside and Arnettsville Elementary Schools and an amendment to include the provision for the construction of Westwood Elementary School, a PK-5 facility to house approximately 800 students.

Barbara Fish requested clarification regarding the requested amendment. Mr. McClung indicated that the Monongalia County Board of Education met all statutes, policies and procedures pertaining to school closure, consolidation and re-configuration.

Upon motion by James J. MacCallum, seconded by Sheila M. Hamilton, the Board approved the requested amendment to the Monongalia County CEFP.

XIII.

Bill Luff, Deputy State Superintendent of Schools, provided the Board a report addressing how the lack of a uniform statewide grading scale impacts eligibility for the Promise Scholarship. Mr. Luff indicated that staff responsible for administering the Promise Scholarship program has encountered no problems in determining eligibility and he recommended that a uniform statewide grading scale not be developed.

XIV.

Rebecca Tinder, General Counsel, Office of Legal Services, presented Policy 1340 for the Board's consideration. The proposed revision of this policy enables all hearings conducted under State Board policies to be consistent with the recent decision of the West Virginia Supreme Court. Comments received have been addressed as evidenced in the addendum.

Upon motion by James J. MacCallum, seconded by J. D. Morris, the Board approved Policy 1340. (Copy appended to Official Minutes, Attachment Mc and addendum)

XV.

Bill Luff presented Policy 3233 for the Board's consideration. Policy 3233 governs the operation of the regional education service agencies and was last amended in 2000. The revised policy 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 whenever an agenda would be mutually beneficial. The policy was placed on comment until December 28, 2001 and no comments were received.

Upon motion by Barbara N. Fish, seconded by J. D. Morris, the Board approved Policy 3233. (Copy appended to Official Minutes, Attachment N.)

XVI.

G. A. McClung, Assistant State Superintendent, Division of Administrative Services, presented Policy 4334 for the Board's consideration. The public comment period for Policy 4334 ended on January 14, 2002 and no comments were received.

Upon motion by Ronald B. Spencer, seconded by J. D. Morris, the Board approved Policy 4334. (Copy appended to Official Minutes, Attachment O.)

XVII.

G. A. McClung presented Policy 5203 for the Board's consideration. During the 2001 session, the West Virginia Legislature passed legislation to provide additional support to public school classroom teachers who participate in the National Board for Professional Teaching Standards (NBPTS) Certification Program. To the extent that money is appropriated for this program, the legislation creates a reimbursement program for classroom teachers who enroll in and/or complete the NBPTS Certification Program, a $2,500.00 annual bonus and a maximum of $600.00 in reimbursement for actual expenses for the teachers who achieve NBPTS Certification Reimbursement is limited by legislation to 200 new enrollees each year. The public comment period for Policy 5203 ended on January 21, 2002 and no comments were received.

Upon motion by James J. MacCallum, seconded by Barbara N. Fish, the Board approved Policy 5203. (Copy appended to Official Minutes, Attachment P.)

XVIII.

Bill Luff presented the Standards for return of control to McDowell County for the Board's consideration. For each of the three previous interventions by the West Virginia Board of Education into the operation of a county school system, the Department has prepared and recommended to the State Board a series of "Standards" that the county system must meet prior to return of local control to the county board of education.

The attachment contains the recommended Standards that must be met in order for control of McDowell County Schools to be returned to the McDowell County Board of Education. The Standards are designed to remedy the deficiencies identified in the November 2001 on-site review report of the Office of Education Performance Audits.

Upon motion by James J. MacCallum, seconded by Paul J. Morris, the Board approved the Standards. (Copy appended to Official Minutes, Attachment Q.)

XIX.

Bill Luff presented a request from the WVASA for an extension of the comment period for Policies 2510 and 2430.

Upon motion by James J. MacCallum, seconded by Barbara J. Fish, the Board extended the comment period for Policy 2510 until February 28, 2002.

The Board took no action regarding Policy 2430 and directed the Department to continue work on all policies dealing with this issue.

XX.

Steve McBride, Executive Director, Office of Instructional Materials, presented the 2002 Call. West Virginia Code §18-2A-2 requires a written request (Call) be issued to vendors for bids, samples, and prices of textbooks, instructional materials, and learning technologies. The 2002 Call is limited to the required materials and programs in the areas of Dance, Theatre, and Family and Consumer Science. Approval of the Call will initiate the sequence of activities that must be completed to provide the Official State Multiple List of Instructional Materials to counties by December, 2002.

Upon motion by James J. MacCallum, seconded by Barbara N. Fish, the Board approved the 2002 Call. (Copy appended to Official Minutes, Attachment R.)

XXI.

At the December 13, 2001 meeting of the West Virginia Board of Education, a team of improvement consultants was appointed to make recommendations for four schools designated as Seriously Impaired. The four schools designated as Seriously Impaired are Enslow Middle School in Cabell County, Gauley Bridge High School in Fayette County, Jefferson High School in Jefferson County, and Panther Elementary School in McDowell County.

Steven McBride reported that the Improvement Consultant Team has visited each of the four schools and provided recommendations.

Upon motion by Barbara N. Fish, seconded by Sheila M. Hamilton, the Board approved the recommendations of the Improvement Consultant Team. (Copy appended to Official Minutes, Attachment S.)

XXII.

Brenda Williams, Executive Director, Office of Instructional Technology, addressed the Board regarding the submission of a new grant application to the IBM Corporate Community Relations Foundation. This grant is to advance the current Reinventing Education project which is based on research that documents student achievement.

Upon motion by Ronald B. Spencer, seconded by James J. MacCallum, the Board approved the submission of a new Reinventing Education grant application to the IBM Corporate Community Relations Foundation. (Copy appended to Official Minutes, Attachment T.)

XXIII.

President Chapman recessed the meeting for lunch at 12:03 p.m.

XXIV.

President Chapman called the meeting back to order at 12:32 p.m.

XXV.

Howard M. Persinger, Jr., via teleconference, and Sandra M. Chapman addressed the Board and distributed a proposed policy statement dealing with wrongful conduct. Mr. Persinger discussed the difference between policy and rules and regulations. Discussion ensued regarding what constitutes a policy vis-a-vis rules and regulations.

Upon motion by James J. MacCallum, seconded by Barbara N. Fish, the Board voted to release the statement, with modification as deemed necessary by the President, to the county superintendents and others as appropriate in the education community, in an appropriate format from the President, as expeditiously as possible. Board members agreed that the work on policies relating to wrongful conduct by faculty, staff or students will continue, with the target date of June 2002 for completion of revisions. (Copy appended to Official Minutes, Attachment U.)

XXVI.

Sandra M. Chapman requested the Board's input regarding the 2003 Nominations Form for the NASBE Board of Directors.

No nominations were made and no action taken. (Copy appended to Official Minutes, Attachment V.)

XXVII.

President Chapman requested volunteers to assist with the planning and contact with counties regarding the Board's upcoming visits. Mr. MacCallum volunteered his assistance to President Chapman. Additional discussion of travel and of communications generally was deferred.

XXVIII.

The next regular meeting of the West Virginia Board of Education will take place March 6-7, 2002 in Charleston, West Virginia.

XXIX.

Upon motion by Paul J. Morris, seconded by Barbara N. Fish, the Board adjourned at 1:27 p.m.

Minutes approved by the Board on March 7, 2002.

______________________________________________

Sandra M. Chapman, President

wvbeminutes2/14/02