MINUTES

WEST VIRGINIA BOARD OF EDUCATION

West Virginia Governor's School for the Arts

West Liberty State College

Boyle Conference Center

Academic, Sports, and Recreation Complex

West Liberty, West Virginia

July 11, 2002

I.

President Sandra M. Chapman called the meeting of the West Virginia Board of Education to order at 8:39 a.m. on July 11, 2002, in the Boyle Conference Center located in the Academic Sports, and Recreation Complex at West Liberty State College, West Liberty, West Virginia.

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

II.

Dr. Mark Williams, Dean of the West Virginia Governor's School for the Arts, and Dr. Richard Owens, President of West Liberty State College, welcomed the Board.

III.

Patricia Gracey, President of the West Virginia Head Start Association, and Cheche Price, Education and Training Manager, both with Northern Panhandle Head Start, addressed the Board and distributed information regarding the four-year-old preschool program and head start educational opportunities. (Copy appended to Official Minutes, Attachment A.)

Gino Delbert, resident of Ohio County, addressed the Board and distributed his remarks regarding seniority for substitute teachers. (Copy appended to Official Minutes, Attachment B.)

IV.

Upon motion by J. D. Morris, second by Sheila M. Hamilton, the Board approved the agenda with the following modifications: item VI.-C, Student Achievement, Performance Measure 4.1, Stanford Achievement Test -9, change the recommendation from 42 schools to 41 schools; item IX. change the title to read Promotional Efforts/Public Relations/Reports - (Information/Action) and add the names of David Stewart and Bill Luff as presenters; minor changes to the June 6 minutes on pages two and six were distributed; Old Business, Item A. change the presenter to Bill Luff; and Item B. change the presenter to Lenore Zedosky; add Special Presentation to the Ex-President to follow Election; Consent Agenda, move Item 7, High School Diplomas for Veterans, to immediately follow the Consent Agenda.

V.

Policy 2320, A Process for Improving Education - Performance Based Accreditation System, was revised to include the requirements of House Bill 4319 that was passed during the 2002 Session of the West Virginia Legislature as well as changes proposed by a study committee that was authorized by House Bill 2934 during the 2001 Legislative Session.

Upon motion by Paul J. Morris, second by Ronald B. Spencer, the Board approved Policy 2320. (Copy appended to Official Minutes, Attachment C.)

VI.

The Stanford Achievement Test-9 (SAT-9) scores were analyzed relative to meeting Performance Measure 4.1, Student Achievement. The report reflects those schools that did not meet the standard of 50 percent of students achieving in the top two quartiles as well as those schools not meeting the standard of 15 percent or fewer students performing in the bottom quartile or a decreasing trend.

The schools denoted by an asterisk (*) are seriously impaired. It was recommended that these schools be issued seriously impaired status and a team of improvement consultants be appointed to each school. The school denoted by two asterisks (**) was a previous seriously impaired school that failed to achieve the Date Certain and it was recommend that a monitor be appointed to cause improvements to be made at the school to bring it to full accreditation status.

Upon recommendation of the OEPA, a motion by Barbara N. Fish, second by Howard M. Persinger, Jr., the Board issued forty-one (41) schools Temporary Accreditation status, retained ten (10) schools on Conditional Accreditation status, and determined six (6) schools to be seriously impaired. (Copy appended to Official Minutes, Attachment D and addenda.)

VII.

President Chapman asked what the Board's responsibility is once a county problem is identified. Dr. Seal reported that his office reviews county policies and institutes an investigation of specific problems. Rebecca Tinder, General Counsel for the Board and the Department, also addressed the Board and described the procedure followed by Legal Services to investigate complaints.

Dr. Stewart indicated that he has talked extensively with the county superintendents regarding the new Student Code of Conduct and they are most supportive of the policy.

Dr. Stewart provided a brief update regarding the Kanawha County case dealing with free speech.

VIII.

President Chapman requested a motion to approve the personnel items found in Attachment E and the addendum.

Upon motion by J. D. Morris, second by Paul J. Morris, the Board approved all personnel items.

IX.

Dr. Stewart provided brief reports regarding the grammar and writing initiatives and indicated the Governor has requested that a new Honors Academy dealing with writing be established. This initiative is pending funding.

Bill Luff, Deputy State Superintendent, and Lenore Zedosky, Executive Director, Office of Healthy Schools, addressed the Board and distributed information regarding a publicity campaign (poster, tabloid and press conference) dealing with the Student and Employee Codes of Conduct. (Copy appended to Official Minutes, Attachment F.)

Mr. Luff distributed and reviewed copies of a proposed draft annual report. Paul Morris requested that the Board's vision/mission be included. Additional suggestions are to be submitted to President Chapman, Mr. Persinger or Mr. Luff. (Copy appended to Official Minutes, Attachment G .)

X.

Upon motion by Howard M. Persinger, Jr., second by J. D. Morris, the Board approved the consent agenda as previously amended. (Copies appended to Official Minutes, Attachments H-M.)

The Board approved the June 5 and 7 minutes as modified. (Attachment H.)

The Board approved the Grant County Board of Education's request to amend its CEFP to include the construction of a middle school, a performing arts annex for Petersburg High School, the renovation of the physical education dressing rooms at the Union Educational Complex, the reconfiguration of the Union Education Complex to a PreK-12 facility, the reconfiguration of Petersburg High School to a 9-12 facility and the reconfiguration of Dorcas, Maysville and Petersburg Elementary School to PreK-4.

The Board approved the Mercer County Board of Education's request to amend to its CEFP to transfer sixth grade pupils from Melrose Elementary School (which will be reconfigured PreK-5) to Athens School and Princeton Middle School.

The Board approved the Ritchie County Board of Education's request to amend its CEFP to install a two-classroom modular building at Creed Collins Elementary School which will be handicapped accessible with in-house restrooms and will meet all codes and standards.

The Board approved the Pocahontas County Board of Education's request to amend its CEFP to change of the name of Hillsboro Elementary/Middle School to Hillsboro Elementary School.

The following schools were inspected and a summary of the findings for each school is found in Attachment I.

COUNTY SCHOOL

Berkeley Eagle School Intermediate

Berkeley Martinsburg HS

Berkeley Musselman HS

Braxton Braxton County HS

Cabell Cabell Midland HS

Cabell Central City Elementary

Cabell Guyandotte Elementary

Gilmer Gilmer County HS Addition and Renovation

Hampshire Capon Bridge Elementary

Hampshire Hampshire Senior HS

Logan Chapmanville MS

Logan Logan MS

Marion Blackshere Elememtary

Marshall Cameron HS Addition

Marshall Moundsville JHS

Mason Ashton Elementary

Mercer Bluefield Intermediate

Mineral Frankfort MS

Mineral Keyser HS

Monroe Mountain View Elem/MS

Nicholas Panther Creek Elementary

Ohio Wheeling Park HS Floor and Lab Renovation

Roane Walton Elem/Middle

Tyler Arthur I. Boreman Elementary

Tyler Sistersville Elementary

Tyler Tyler Consolidated MS/HS

Wayne Spring Valley HS

Wood Franklin Elementary Center

Wood Jefferson Elementary Center

The Board approved the budget supplement and transfer requests for the month of June 2002 as follows: Total Supplements = $101,232,199 and Total Transfers = $44,147,489. (Attachment J.)

The Board approved one (1) request for a waiver of instructional materials adoption and one (1) request for a continuation waiver of instructional materials adoption. (Attachment K.)

The Board approved two (2) county applications representing summer school at five (5) county locations. (Attachment L.)

The Board approved the Step 7 plans submitted by the 55 county boards of education for 2002-03. (Attachment M.)

The Board approved the McDowell County Board of Education's request to grant an easement to Welch Gas CO-OP for a 4" natural gas line through the property at the bus garage to service this area of Welch and McDowell County.

XI.

As of June 25, 2002, the Department of Education had received an additional three (3) applications for a total of 1,200 applications for Operation Recognition in connection with Policy 4355: High School Diplomas for Veterans. (Attachment Mc.)

Paul J. Morris indicated that there was a discrepancy in the number reported in the agenda and the number found in the attachment. Mr. Luff indicated that this item would be corrected prior to its distribution with the August agenda.

XII.

President Chapman called for a break at 10:44 a.m.

XIII.

President Chapman called the meeting back to order at 11:02 a.m.

XII.

Bill Luff, Deputy State Superintendent, presented Policy 2520 for the Board's consideration. Policy 2520 is being amended to add content standards and objectives for technical courses. One comment was received during the comment period.

Four courses in Technology Education were out of sequence on the disk containing the Content Standards and Objectives and did not appear in the printed copies of the proposed revision but did appear on the Department's web site for public comment. Those courses are now in their proper place in the Technology Education curriculum. In both the printed copies and on the web site, several courses designated as "under development" have been removed.

Upon motion by Howard M. Persinger, Jr., second by Barbara N. Fish, the Board approved Policy 2520. (Copy appended to Official Minutes, Attachment N.)

III.

Lenore Zedosky, Executive Director, Office of Healthy Schools, 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 medication administration. This policy has been on comment for 30 days and four comments were received. Additional comments were received and a comment log was distributed dealing with comments submitted from the West Virginia Board of Examiners for Registered Professional Nurses. A minor change was made to the language at section 6.1. and an amended copy was distributed.

Upon motion by J. D. Morris, second by Paul J. Morris, the Board approved Policy 2422.7 as amended. (Copy appended to Official Minutes, Attachment O and addenda.)

XIV.

G. A. McClung, Assistant State Superintendent, Division of Administrative Services, presented Policy 5301 for the Board's consideration. The policy is being revised to reflect the changes made to W.Va. Code §18A-4-8a during the recent legislative session. The statute was revised to increase the monthly educational salary increments for service personnel who have completed twelve, twenty-four, thirty-six, forty-eight, sixty, seventy-two, eighty-four, ninety-six, one hundred eight, and one hundred twenty hours of college or comparable training in a trade or vocational school from $10/month to $11/month; to increase the bonus for those with college degrees to $40 for each level, including associate, bachelor's, master's, or doctorate; and to add monthly salary increments of $11/month for those with BA+15, MA+15, MA+30, MA+45 and MA+60. The policy was on public comment until June 14, 2002 and comments were received from three respondents. A few revisions were made to the policy as a result of the comment period.

Upon motion by Barbara N. Fish, second by Sheila M. Hamilton, the Board approved Policy 5301. (Copy appended to Official Minutes, Attachment P.)

XV.

Rebecca Tinder, Legal Counsel to the Board and the Department, presented Policy 4374 for the Board's consideration. This is a proposed new policy which implements the provisions of Senate Bill 177 passed during the 2002 legislative session. The new code section requires the Board to promulgate a rule providing a procedure by which county boards of education can implement a school dress code requiring student uniforms.

Upon motion by Ronald B. Spencer, second by Sheila M. Hamilton, the Board placed Policy 4374 on public comment until August 16, 2002. (Copy appended to Official Minutes, Attachment Q.)

XVI.

G. A. McClung presented Policy 5612 for the Board's consideration. This policy is being revised to provide more specific procedures for use when employees sustain work-related injuries and are awarded workers' compensation benefits to ensure that employees do not receive compensation for personal and/or annual leave in excess of the amount that is required, when added to the workers' compensation benefits, to equal the amount of compensation regularly paid the injured employee.

Upon motion by J. D. Morris, second by Paul J. Morris, the Board placed Policy 5612 on public comment until August 16, 2002. (Copy appended to Official Minutes, Attachment R.)

XVII.

G. A. McClung presented Policy 6200 for the Board's consideration. This policy is being revised to accommodate the deletion of Section 105, Rules and Regulations for County Boards of Education to Follow Regarding School Closures or Consolidations, which will become Policy 6204 specific to school closures. The balance of the changes are cosmetic throughout the remainder of the text.

Upon motion by Sheila M. Hamilton, second by Paul J. Morris, the Board placed Policy 6200 on public comment until August 16, 2002. (Copy appended to Official Minutes, Attachment S.)

XVIII.

G. A. McClung presented Policy 6204 for the Board's consideration. This is a proposed new policy which deals exclusively with school closing and consolidations. This information was previously contained in Policy 6200. Additionally, West Virginia Code §18-5-13a was amended by the Legislature requiring the amendment of the current procedure.

Upon motion by J. D. Morris, second by Paul J. Morris, the Board placed Policy 6204 on public comment until August 16, 2002. (Copy appended to Official Minutes, Attachment T.)

XIX.

Bill Luff presented Policy 4350 for the Board's consideration. The purpose of the revision to Policy 4350 is to add two new sections and to repeal Policy 4350.1. The first addition is necessitated by a change in West Virginia Code requiring school personnel to request a social security number for each student currently enrolled or to be enrolled in the public schools of West Virginia. The second addition incorporates Policy 4350.1 into Policy 4350 and thereby repeals Policy 4350.1. This section requires county boards of education to develop a policy requiring school principals to release a list of the names and addresses of students in their junior year to armed services recruiters.

Upon motion by Barbara N. Fish, second by Ronald B. Spencer, the Board placed Policy 4350 on public comment until August 16, 2002. (Copy appended to Official Minutes, Attachment U.)

XX.

G. A. McClung reported that Dr. Pat Harris completed her term as a member of the Commission in June 2002 and in accordance with Policy 5050 - West Virginia Commission for Professional Teaching Standards, all vacancies on the Commission must be filled as quickly as possible. Dr. Harris was a representative of the West Virginia Independent Colleges and Universities who must nominate her replacement

Dr. Shirley Fortney was nominated by the West Virginia Independent Colleges and Universities to serve a three-year term on the Commission to begin on August 1, 2002. Dr. Fortney is on the faculty of West Virginia Wesleyan College where she is the Assistant Dean of the College and Associate Professor of Education.

Upon motion by Paul J. Morris, second by Sheila M. Hamilton, the Board appointed Dr. Shirley Fortney to represent the West Virginia Independent Colleges and Universities on the West Virginia Commission for Professional Teaching Standards.

XXI.

President Chapman expressed appreciation for support during her tenure as President.

Upon motion by Howard M. Persinger, Jr., second by Barbara N. Fish, J. D. Morris was nominated to serve as President. Howard M. Persinger, Jr., moved and Sheila M. Hamilton seconded that the nominations be closed. The Board elected J. D. Morris as President.

Upon motion by Howard M. Persinger, Jr., second by J. D. Morris, James J. MacCallum was nominated to serve as Vice-President. Barbara N. Fish moved and Paul J. Morris seconded that the nominations be closed. The Board elected James J. MacCallum as Vice-President.

Upon motion by Howard M. Persinger, Jr., the Board, by acclamation, elected Ronald B. Spencer as Secretary.

XXII.

Howard M. Persinger, Jr., presented outgoing President Chapman a book entitled, "Woe is I", in appreciation for her exemplary leadership.

XXIII.

The next regular meeting of the West Virginia Board of Education will be held August 7-8, 2002 in Charleston, West Virginia.

J. D. Morris requested that Dr. Stewart investigate the possibility of moving the October meeting to accommodate Mrs. Fish's participation in the National Association of State Boards of Education annual conference.

Paul Morris stated that Timothy Dick, a student and entrepreneur from Nicholas County, has been invited to address the Board at the August meeting.

XXIV.

Upon motion by Howard M. Persinger, Jr., second by J. D. Morris, the Board adjourned at 11:40 a.m.

Minutes approved by the Board on August 8, 2002.

__________________________________________

J. D. Morris, President

wvbeminutes7/11/02