WEST VIRGINIA BOARD OF EDUCATION

Board Conference Room

Capitol Building 6, Room 353

1900 Kanawha Boulevard, East

Charleston, West Virginia

May 3, 2002





I.

Call to Order



Via telephone, President Sandra M. Chapman called the telephonic meeting of the West Virginia Board of Education to order at 9:02 a.m. on May 3, 2002, in the Board Conference Room, Capitol Building 6, Room 353, 1900 Kanawha Boulevard, East, Charleston, West Virginia.



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



II.

Approval of Agenda



Upon motion by Ronald B. Spencer, seconded by Paul J. Morris, the Board approved the agenda.



III.

Policy 5902 - Employee Code of Conduct



Kenna R. Seal addressed the Board regarding the work of the following committee members: Dan Richardson, teacher; Richard Board, principal; Mike Hayden, Executive Secretary, West Virginia Secondary School Activities Commission; Jackie Long, school secretary; Marlene Reynolds, bus operator; and John Hough representing the Department. Lenore Zedosky and Karen Huffman were the designated staff from the Department.



Karen Huffman, Assistant Director, Office of Student Services and Assessment, presented Policy 5902 for the Board's consideration. The existing Teacher Code of Conduct Policy (5902) has been revised to include all employees. The new policy sets the requirements for the conduct of all employees in West Virginia schools in order to assure a nurturing, safe and orderly environment that promotes respect and protects students and employees from conditions harmful to learning or to health and safety.



Barbara N. Fish indicated a concern with the lack of language regarding penalties. Extensive discussion took place regarding the addition of W.Va. Code §18A-2-8 to the policy. Mrs. Fish stated that the purpose of this policy is to see that the children are protected in the schools and administrators are not allowed to ignore situations. A discussion ensued that the intent of the section was that administrators and staff are not allowed to ignore wrongful conduct.

Howard M. Persinger, Jr., issued a concern regarding §4.2.5 and requested that staff be sensitive to the possible interpretation that staff are expected to police other staff, e.g., dress code, punctuality.



IV.

Roll Call



Because of a telephone interruption, the roll was called and James J. MacCallum was no longer present.



V.

Policy 5902 - Employee Code of Conduct (Continued)



Dr. Stewart stated that professional development for all employees will be provided as soon as possible after the passage of this policy.



President Chapman requested the addition of language to the last line of §3.2. to read "A manner that effectively addresses incidents . . .." Rebecca Tinder requested a change at the beginning of §3.2. to read "Require that West Virginia's public school employees respond . . .."



President Chapman requested that language in the Executive Summary be refined as follows: on the second line, add the words "healthy and" prior to "productive adulthood"; under Purpose in the first paragraph, change the word "administrations" to "administrators"; under Purpose in the second paragraph add the words "or among" after the word "between".



Upon motion by Sheila M. Hamilton, seconded by J. D. Morris, the Board placed Policy 5902, as amended by the changes in the two preceding paragraphs, on public comment until June 3 for action at the June meeting. (Copy appended to Official Minutes, Attachment A.)



VI.

West Virginia Secondary School

Activities Commission (WVSSAC) Rules



Bill Luff, Deputy State Superintendent, presented proposed changes to the rules of the WVSSAC for the Board's consideration. The rules are being amended to keep abreast of changes, trends and issues in band and athletic programs. Discussion ensued regarding potential hot topics addressed in the revised rules. Mr. Luff stated that Mike Hayden would be present at the May and June meetings to address questions regarding the SSAC rules.



Due to another commitment, Sheila M. Hamilton departed the meeting.



Upon motion by Paul J. Morris, seconded by J. D. Morris, the Board placed the rules of the WVSSAC on public comment until June 3 for action at the June meeting. (Copy appended to Official Minutes, Attachment B.)







VII.

Future Meetings

The next regular meeting of the West Virginia Board of Education will take place on May 8-9, 2002 in Wetzel County, West Virginia.



VIII.

Flooding in Mingo and McDowell Counties



Dr. Stewart provided the Board a brief report regarding flooding in Mingo and McDowell Counties.



IX.

Adjournment



Upon motion by Howard M. Persinger, Jr., seconded by J. D. Morris, the Board adjourned at 9:52 a.m.



Minutes approved by the Board on June 6, 2002.



__________________________________________

Sandra M. Chapman, President



wvbeminutes5/3/02