WEST VIRGINIA BOARD OF EDUCATION

Board Conference Room

MINUTES

WEST VIRGINIA BOARD OF EDUCATION

West Virginia Schools for the Deaf and the Blind

School for the Blind Auditorium

301 East Main Street

Romney, West Virginia

June 6, 2002

I.

President Sandra M. Chapman called the meeting of the West Virginia Board of Education to order at 8:34 a.m. on June 5, 2002, in the School for the Blind Auditorium at the West Virginia Schools for the Deaf and the Blind, 301 East Main Street, Romney, West Virginia.

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

II.

Jane McBride, Superintendent, West Virginia Schools for the Deaf and the Blind, welcomed the Board and introduced Rosemary Valentine, wife, and Randy and Brenda Valentine, brother and sister-in-law of Dr. Valentine.

President Chapman read a resolution dedicating the Unit for the Deaf/ Blind-Multihandicapped of the West Virginia Schools for the Deaf and the Blind as the Dr. Michael Valentine Memorial Wing. Dr. Valentine was a former Assistant Superintendent of the West Virginia Department of Education and a staunch supporter of the School for the Deaf and the Blind. (Copy appended to Official Minutes, Attachment A and addendum.)

Upon motion by Howard M. Persinger, Jr., second by J. D. Morris, the Board adopted the resolution.

III.

President Chapman called for a break to allow Board members the opportunity to meet and speak with the Valentine Family.

IV.

President Chapman called the meeting back to order at 8:59 a.m.

V.

Les Smith, Counselor at Martinsburg High School, distributed information and addressed the Board regarding the Promise scholarship and the need for a uniform grading system. (Copy appended to Official Minutes, Attachment B.)

VI.

Upon motion by James J. MacCallum, second by Paul J. Morris, the Board approved the agenda with the following modifications: President Chapman requested that the Personnel Item located in the Consent Agenda be moved to follow New Business; Dr. Stewart requested that the update on the No Child Left Behind Consolidated State Application be added to immediately precede the approval of the agenda.

VII.

Dr. Karen Huffman, Assistant Director, Office of Student Services and Assessment, and Dr. Dee Bodkins, Executive Director, Office of Special Education, provided the Board an update regarding the application which must be submitted by June 12. (Copy appended to Official Minutes, Attachment C.)

VIII.

Dr. Kenna R. Seal, Director, Office of Education Performance Audits, reported that on-site reviews for this year have been concluded.

IX.

A random and unannounced Education Performance Audit was conducted in the Randolph County School System.

Upon recommendation of the OEPA, a motion by J. D. Morris, second by Howard M. Persinger, Jr., the Board issued the Randolph County School System Conditional Approval status, recognized one (1) school for Exemplary Accreditation status, and issued fifteen (15) schools Conditional Accreditation status with a June 30, 2003 Date Certain for the education performance audit noncompliances. (Copy appended to Official Minutes, Attachment D.)

X.

Each county board is required to develop and submit an update to the Unified County Improvement Plan (UCIP) or an equivalent strategic plan to the West Virginia Office of Education Performance Audits by December 31. The West Virginia Board of Education has reviewed fifty-four (54) UCIPs. Forty-seven (47) plans were approved; seven (7) plans were Approved with Stipulations; and one (1) plan had not been received.

McDowell County was issued an extension to develop and include the West Virginia Board of Education's conditions for a return to local authority in their UCIP.

Upon recommendation of the OEPA, a motion by J. D. Morris, second by Howard M. Persinger, Jr., the Board approved the McDowell County UCIP noted by an (*) in the attachment. (Copy appended to Official Minutes, Attachment E.)

XI.

The Office of Education Performance Audits developed a strategic plan for FY 2002 to guide implementation of West Virginia Code and State Board policy. The Plan was presented to the West Virginia Board of Education at the September 13, 2001 meeting. The Strategic Plan FY2002 outlined the mission statement, goals, objectives, activities, and a completion date(s). This report addresses year-end progress on each objective and activity for the 2002 fiscal year. (Copy appended to Official Minutes, Attachment F.)

XII.

Upon motion by Howard M. Persinger, Jr., second by Ronald B. Spencer, the Board approved the consent agenda as previously amended. (Copies appended to Official Minutes, Attachments G-Mc.)

The Board approved the May 3, 2002, May 8 and May 9, 2002 minutes. (Attachment G.)

The Board approved an amendment to the Morgan County CEFP to provide for the purchase and installation of a 24' X 70' portable facility housing two classrooms at Widmyer Elementary School. The portable facility is equipped with restrooms and meets ADA requirements.

The Board approved an amendment to the Morgan County CEFP to provide for the reconfiguration of the proposed North Berkeley Elementary School from grades PreK-5 to grades 3-5 and the reconfiguration of Widmyer Elementary School from a grades 2-5 school to a PreK-2 school when the proposed North Berkeley Elementary School is completed.

The Board approved an amendment to the Mingo County CEFP to provide for the construction of a gymnasium on the Burch Middle School site.

The Board approved the budget supplement and transfer requests for the month of May 2002 as follows: Total Supplements = $11,799,353.90 and Total Transfers = $8,249,827.63. (Attachment H.)

The Board accepted the information provided regarding Policy 4355 - as of April 18, 2002, the Department of Education had received an additional seventeen (17) applications for a total of 1,197 applications for Operation Recognition in connection with Policy 4355: High School Diplomas for Veterans. (Attachment I.)

The Board approved the proposed budgets of county boards of education, regional education service agencies, and multi-county vocational centers for the upcoming year pursuant to the provisions of W.Va. Code §§18-9B-6, 18-2-26 and 18-2B-2, respectively, and related Board policies. (Attachment J.)

The Board approved the calendars for the 2002-2003 school year for the Department's education programs in state correctional institutions, regional jails, health and human service institutions and juvenile detention centers contingent upon funding of FY-2004 by the Legislature and granted the Superintendent of Institutional Education Programs the authority to approve minor amendments to the school calendars, as needed, for good cause. (Attachment K.)

The Board approved one (1) request for continuation of State Board policy waiver and denied one (1) request for a waiver of State Board policy. (Attachment L.)

The Board approved the request of Beth A. Maynard, Principal of Fort Gay Elementary in Wayne County, for a waiver of attendance at the Summer 2002 Principal Leadership Academy.

The Board approved four (4) county applications representing summer school at five (5) county locations. (Attachment M.)

The Board approved the policy as submitted by Greenbrier County Schools. (Attachment Mc.)

XIII.

President Chapman announced the retirement of Ruth Ann Scherich, Principal at Woodsdale Elementary, after 51 years of service to the children of West Virginia and asked that the Board issue Ms. Scherich a resolution in recognition of her exemplary service.

Upon motion by Barbara N. Fish, second by Ronald B. Spencer, the Board authorized President Chapman and Dr. Stewart to develop a resolution honoring Ms. Scherich.

Michael E. Sullivan, Executive Director, and Marilyn Barraclough, Chairperson, West Virginia Advisory Council for the Education of Exceptional Children, provided the annual report of the WVACEEC. (Copy appended to Official Minutes, Attachment N and addendum.)

Bill Luff, Deputy State Superintendent of Schools, provided a report regarding a meeting with experts on state testing programs and how those programs line up with the "No Child Left Behind Act" and presented an amended program proposal for the new West Virginia Comprehensive Assessment program.

Upon motion by Barbara N. Fish, second by Paul J. Morris, the Board approved the program proposal as amended. (Copy appended to Official Minutes, Attachment O and addendum.)

XIV.

President Chapman called for a break at 11:00 a.m.

XV.

President Chapman called the meeting back to order at 11:14 a.m.

XVI.

Dr. Karen Huffman, Assistant Director, Office of Student Services and Assessment, presented Policy 4110 for the Board's consideration. At the April 2002 meeting of the Board, Policy 4110 was approved to be placed on public comment. Comments received during the comment period have been reviewed and minor revisions have been made to Policy 4110.

Upon motion by Paul J. Morris, second by Sheila M. Hamilton, the Board approved Policy 4110. (Copy appended to Official Minutes, Attachment P.)

XVII.

Dr. Karen Huffman presented Policy 4373 for the Board's consideration. Extensive revisions have required a repeal and replacement of Policy 4373. The new policy sets the requirements for the conduct of students in West Virginia schools in order to assure a nurturing and orderly, safe, drug-free, violence- and harassment-free learning environment that supports students academic achievement and personal-social development.

Upon motion by Howard M. Persinger, Jr., second by Sheila M. Hamilton, the Board, with seven members voting yes and J. D. Morris voting no, approved Policy 4373 as revised on June 5, 2002. (Copy appended to Official Minutes, Attachment Q.)

XVIII.

Lenore Zedosky, Executive Director, Office of Healthy Schools, presented Policy 5902 for the Board's consideration. This 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 appropriate conduct and protects students and employees from conditions harmful to learning or to health and safety.

Upon motion by Howard M. Persinger, Jr., second by J. D. Morris, the Board approved Policy 5902 as revised on June 5, 2002. (Copy appended to Official Minutes, Attachment R.)

XIX.

Rebecca Tinder, General Counsel to the Board and Department, presented Policy 1340 for the Board's consideration. Revisions to Policy 1340 allow members of the West Virginia Commission for Professional Teaching Standards to conduct certification hearings as a result of the legislative amendments to W.Va. Code §18A-3-6, by Senate Bill 247.

Upon motion by Howard M. Persinger, Jr., second by Sheila M. Hamilton, the Board approved Policy 1340. (Copy appended to Official Minutes, Attachment S.)

XX.

G. A. McClung, Assistant State Superintendent, Division of Administrative Services, presented the rules of the WVSSAC for the Board's consideration. The membership of the WVSSAC proposed changes to the rules and regulations that govern interscholastic activities for all member schools in West Virginia.

Upon motion by James J. MacCallum, second by Paul J. Morris, the Board approved the proposed changes to the rules of the WVSSAC with the exception of proposals one (1), sixteen (16), and twenty-three (23). (Copy appended to Official Minutes, Attachment T.)

XXI.

Bill Luff presented Policy 2510 for the Board's consideration. Policy 2510 has been on public comment twice during the past six months. Major changes to the policy were summarized in the Executive Summary attached to each version of the policy.

Comments received during the most recent public comment period were provided to the State Board during the past few weeks. Changes to the policy based on the most recent comments were also listed in the Executive Summary attached to the current version of the policy.

Upon motion by James J. MacCallum, second by Barbara N. Fish, the Board approved Policy 2510 as revised on June 5, 2002. (Copy appended to Official Minutes, Attachment U.)

XXII.

Rebecca Tinder addressed the Board regarding Policy 5050, which was placed on public comment at the October 2001 meeting of Board, and requested that it be withdrawn from consideration.

Paul J. Morris requested that the Professional Teaching Standards Committee be advised of anticipated changes and President Chapman requested the Board be provided an update prior to the appearance of Policy 5050 on a future agenda.

Upon motion by Howard M. Persinger, Jr., second by J. D. Morris, the Board withdrew Policy 5050 from public comment.

XXIII.

Bill Luff presented Policy 2450 for the Board's consideration. Policy 2450 addresses the West Virginia Virtual School legislation passed during the 2000 legislative session. Updates to Policy 2450 are based on the 2002 legislative changes in H.B. 4319.

Upon motion by J. D. Morris, second by James J. MacCallum, the Board placed Policy 2450 on public comment until July 7, 2002 . (Copy appended to Official Minutes, Attachment V.)

XXIV.

Tony Smedley, Executive Director, Office of Human Resources, presented Policy 5310 for the Board's consideration. During the 2002 session, the Legislature amended W.Va. Code §18A-2-12 to limit the number of evaluations for teachers with five (5) years or more experience with no unsatisfactory ratings to one evaluation every three (3) years, with certain exceptions. Policy 5310 has been revised to operationalize the 2002 legislative changes in H.B. 4319 which was passed on March 6, 2002.

Barbara N. Fish and President Chapman discussed concerns regarding the legislatively mandated changes to the policy.

Upon motion by James J. MacCallum, second by J. D. Morris, the Board, with six members voting yes, and President Chapman and Barbara N. Fish voting no, placed Policy 5310 on public comment until July 7, 2002. (Copy appended to Official Minutes, Attachment W.)

XXV.

Rebecca Tinder announced that this policy was not ready to presented to the Board for action and requested the item be withdrawn.

XXVI.

Lenore Zedosky presented Policy 2422.7 for the Board's consideration. During the 2002 session, the Legislature amended W.Va. Code §18-5-22 to allow secretaries to administer medications. Policy 2422.7 has been revised to define secretaries as employees who are able to perform the specialized procedure of dispensing medication

Upon motion by J. D. Morris, second by Barbara N. Fish, the Board placed Policy 2422.7, with the amendment of the term "dispensing" to "administering," on public comment until July 7, 2002. (Copy appended to Official Minutes, Attachment X.)

XXVII.

G. A. McClung presented three new content specializations from three institutions of higher education for the Board's consideration. Policy 5100 - Approval of Educational Personnel Programs 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.

Upon recommendation of the Program Review Board, a motion by J. D. Morris, second by Paul J. Morris, the Board approved Bethany College and Wheeling Jesuit University for Multi-Categorical Special Education (Grades K-12), and West Liberty State College for School Nursing (Grade Level Not Specified). All programs will be effective July 1, 2002.

XXVIII.

Bill Luff presented the West Virginia School Boards Association's Orientation '02 for the Board's consideration. The West Virginia School Boards Association requested State Board approval of its proposed orientation session for newly elected members of county boards of education. The session is scheduled for June 19-21 in Flatwoods, and the agenda for the session may be found in the attachment.

Upon motion by Paul J. Morris, second by Barbara N. Fish, the Board approved the 2002 orientation session. (Copy appended to Official Minutes, Attachment Y.)

XXIX.

President Chapman recessed the meeting for lunch at 11:53 a.m.

XXX.

President Chapman called the meeting back to order at 12:50 p.m.

XXXI.

Dr. Stewart requested a motion to go into executive session to discuss personnel matters pertaining to salaries.

Upon motion by Howard M. Persinger, Jr., second by James J. MacCallum, and in accordance with the provisions of Peters v. County Commission, 519 S.E.2d 179 (W.Va. 1999) and W.Va. Code §6-9A-4(b)(2)(A), the Board entered into Executive Session at 12:52 p.m.

XXXII.

The Board returned from Executive Session at 2:20 p.m. at which time President Chapman announced no action was taken and no decisions made.

Howard M. Persinger, Jr., moved and J. D. Morris seconded, approval of the personnel schedule. Upon the call for the question, James J. MacCallum requested the item dealing with the employment of Phyllis Durden be removed and acted upon as a separate item. Howard M. Persinger, Jr., amended his motion, with the approval of J. D. Morris, to exclude the personnel item pertaining to Phyllis Durden, Executive Director, Office of Professional Preparation. The Board approved the personnel schedule as amended. (Copy appended to Official Minutes, Attachment Z and addendum.)

Upon motion by Howard M. Persinger, Jr., second by J. D. Morris, the Board approved the personnel action pertaining to Phyllis Durden, with four members voting yes and four members (Barbara N. Fish, James J. MacCallum, Sandra M. Chapman and Paul J. Morris) abstaining. (Copy appended to Official Minutes, Attachment Z and addendum.)

XXXIII.

The next regular meeting of the West Virginia Board of Education will be held July 10-11, 2002 at the West Virginia Governor's School for the Arts at West Liberty State College, West Liberty, West Virginia.

XXXIV.

Upon motion by James J. MacCallum, second by J. D. Morris, the Board adjourned at 2:31 p.m.

Minutes approved by the Board on July 11, 2002.

___________________________________________

Sandra M. Chapman, President

wvbeminutes6/6/02