MINUTES

WEST VIRGINIA BOARD OF EDUCATION

Board Conference Room

Capitol Building 6, Room 353

1900 Kanawha Boulevard, East

Charleston, West Virginia

August 8, 2002

I.

President J. D. Morris called the meeting of the West Virginia Board of Education to order at 8:30 a.m. on August 8, 2002, in the Board Conference Room, Capitol Building 6, Room 353, 1900 Kanawha Boulevard, East, Charleston, West Virginia.

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

II.

President Morris recognized Timothy Dick of Richwood High School on his election as West Virginia's Future Business Leaders of America Southern Sectional President and for his national profile in entrepreneurship, and recognized Toni Pilato of the Fayette Plateau Vocational Technical Center for her outstanding performance in achieving Master Certification in the Microsoft Office User Specialist (MOUS) Exams.

III.

At the Board's request, Paul Sheridan, Assistant Attorney General, provided the Board an overview of an initiative entitled "Civil Rights Team Project."

Kevin McCoy, Betty Jarvis, Jerry Davis, Delegate Lisa D. Smith, Kelli Sobonya, Freda Gooch, Ray Lambert and LuAnne Bennett addressed the Board, and Randy Skaggs submitted a letter, regarding the "Civil Rights Team Project." (Copy appended to the Official Minutes, Attachment A.)

IV.

President Morris called for a break at 10:06 a.m.

V.

President Morris called the meeting back to order at 10:21 a.m.

VI.

Upon motion by Paul J. Morris, second by Ronald B. Spencer, the Board approved the agenda with the following modifications: under the Consent Agenda at New Business Item 3., Athletic Trainer Waivers, add an addendum.

VII.

President Morris recognized Ms. Chapman for her exemplary service as President during the past year.

VIII.

Dr. Kenna Seal, Director of the Office of Education Performance Audits, reported that his office has jointly worked with the Department to implement the requirements of House Bill 4319.

IX.

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

Upon motion by Howard M. Persinger, Jr., second by Sheila M. Hamilton, the Board issued the Wetzel County School System Conditional Approval status, recognized one (1) school for Exemplary Accreditation status, granted one (1) school Full Accreditation status, and issued seven (7) schools Conditional Accreditation status with an August 31, 2003 Date Certain for the Education Performance Audit noncompliances. (Copy appended to Official Minutes, Attachment B.)

X.

West Middle School, Cabell County, must be removed from the list of schools deficient in Performance Measure 4.1, Student Achievement. Due to a recalculation of data, this school now meets this standard.

Upon motion by Sandra M. Chapman, second by Paul J. Morris, the Board removed West Middle School from the July 2002 Board item and changed the number of schools on Seriously Impaired status to five. (Copy appended to Official Minutes, Attachment C.)

XI.

West Virginia Code §18-2-23a requires the State Board to establish goals for professional development in the public schools of the state. An analysis of annual performance data and education performance audits was presented to assist the Board in establishing staff development goals.

Upon motion by Sheila M. Hamilton, second by Sandra M. Chapman, the Board accepted the recommendations for professional development. (Copy appended to Official Minutes, Attachment D.)

XII.

The 2002 Annual Report is the fourth report compiling accountability activities. This report synthesizes the activities of the Office of Education Performance Audits as established by the West Virginia Legislature and the West Virginia Board of Education.

Upon motion by James J. MacCallum, second by Paul J. Morris, the Board accepted the annual report. (Copy appended to Official Minutes, Attachment E.)

XIII.

The Strategic Plan for FY2003 Report outlines the goals, objectives, and activities of the Office of Education Performance Audits as established by the West Virginia Legislature and the West Virginia Board of Education.

Upon motion by Paul J. Morris, second by Barbara N. Fish, the Board approved the FY 02-03 strategic plan. (Copy appended to Official Minutes, Attachment F.)

XIV.

Dr. Stewart addressed the Board regarding a letter from the Governor's Office pertaining to a ten percent budget reduction.

XV.

Upon motion by Sandra M. Chapman, second by Sheila M. Hamilton, the Board approved the consent agenda as amended. (Copies appended to Official Minutes, Attachments G-Mc.)

The Board approved the July 10 and 11 minutes. (Attachment G.)

The Board approved the Kanawha County Board of Education's request to close Valley Grove Elementary School at the conclusion of the 2002-2003 school term and transfer the students to Ruffner Elementary School at the beginning of the 2003-2004 school term.

The Board approved the Preston County Board of Education's request to 1) construct classroom and corridor facilities in the Preston High School Vocational Building which will be used to offer Fairmont State College classes to Preston High School students and also to serve as part of the Adult Education Program; 2) add a Finance Office to the existing Board of Education offices which would consist of a main floor and a basement storage area; 3) add two restrooms and a utility room to the Fellowsville Elementary School in order to better serve the students of this school and

concentrate the activities of after-school programs and provide accessible restrooms in that section of the building.

The Board approved the budget supplement and transfer requests for the month of July 2002 as follows: Total Supplements = $25,932,605 and Total Transfers = $3,834,613. (Attachment H.)

As of July 30, 2002, the Department of Education has received an additional 13 applications for a total of 1,171 applications for Operation Recognition in connection with Policy 4355: High School Diplomas for Veterans. (Attachment I.)

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

The Board approved six (6) waiver requests: three (3) requests for continuation of instructional material adoption; one (1) request for a waiver of instructional material; one (1) request for continuation of a waiver of State Board Policy; and one (1) request for a waiver of State Board Policy. (Attachment K.)

The Board approved the waiver request of Paul Hank Kirk, Principal of Mountain View School in Monroe County, for the Summer 2002 Principal Leadership Academy.

The Board approved 35 waiver requests. Details may be found in the attachment. (Attachment L and addendum.)

The Board approved the FY 2003 SAE Plan for Child Nutrition programs for submission to the United States Department of Agriculture. (Attachment M.)

The Board approved a one-year lease of property at the West Virginia Schools for the Deaf and the Blind to Hampshire County Schools for use as a parking lot for the county bus fleet. (Attachment Mc.)

Sandra M. Chapman and Barbara N. Fish provided reports regarding the development of the tabloid and posters to promote the codes of conduct.

Sandra M. Chapman requested that the Board continue: 1) to emphasize initiatives; 2) to maintain an ongoing effort to develop annual reports which include having a camera at every meeting (especially outside of Charleston); 3) to clean up the website and standardization of Board member biographies; 4) to request invitations to events be sent in a timely manner and that staff be encouraged to issue invitations to Board members; 5) when planning the travel schedule for the coming year, to evaluate whether various traditions (visits to Governor's School programs, etc.) be continued and to encourage local persons to lead the promotional efforts for county visits; 6) to develop and make known the Board's objectives and agenda; 7) to issue meaningful press releases before and after each meeting through appropriate media; and 8) to request the assignment of a staff member to work with members of the Board on articles for release to the press. Ms. Chapman also reported that she and Mr. Persinger are continuing their work on the annual report and will provide updates as appropriate.

Barbara N. Fish reported that she had attended several functions on the Board's behalf, in particular, the Statewide Self Assessment for Special Education, IDEA Summit, Policy Update Workshop, WV PASS meeting, and Committee on Standards Based Accountability. Mrs. Fish will represent the Board at the National Association of State Boards of Education (NASBE) annual conference and also at the NASBE Healthy Schools Network meeting.

James J. MacCallum reported that he attended an Office of Healthy Schools event in Beckley.

Paul J. Morris reported that he attended a meeting of the West Virginia Commission for Professional Teaching Standards.

President Morris reported that he attended a County Board Reform Committee meeting.

XVII.

Dr. Stan Hopkins, Assistant State Superintendent, Division of Technical and Adult Education, presented information regarding the WV EDGE program.

The WV EDGE program is the result of the work that has been done over the past decade with the Tech Prep/Seamless Curriculum. WV EDGE provides technical students the opportunity to earn tuition-free college credit through demonstrated mastery of the content standards in specific secondary courses. It is the Department's goal to develop this program to encompass, at a minimum, the specified technical courses in both the skilled and entry level pathways. (Copy appended to Official Minutes, Attachment N.)

XVIII.

Dr. Pamela Sumpter-Cain, Assistant State Superintendent, Division of Instructional and Student Services, reviewed SAT-9 state test results in Reading, Language Arts, Mathematics, Science, Social Studies, and Total Basic Skills for the 2001-2002 school year. (Copy appended to Official Minutes, Attachment O.)

XIX.

Mr. Steve McBride, Executive Director, Office of Instructional Materials, provided a progress report regarding Seriously Impaired and low performing schools.

In August 2001, 22 low performing and five (5) Seriously Impaired schools were targeted to receive intensive technical assistance. Subsequently, four schools were designated as Seriously Impaired due to poor student attendance. The purpose of this report was to provide the West Virginia Board of Education with a summary of the progress that Seriously Impaired and low performing schools have made in improving student achievement and/or attendance. (Copy appended to Official Minutes, Attachment P.)

XX.

Bill Luff, Deputy State Superintendent, distributed data and provided an overview of grading information received from many of the state's 55 counties. Grading policies from Florida, Arkansas and South Carolina were also reviewed and discussed. Dr. Mullen clarified Promise eligibility standards and indicated a need for a definition of core courses. (Copy appended to Official Minutes, Attachment Q.)

XXI.

President Morris requested a motion to move into an executive session to discuss legal and personnel matters.

Upon motion by Ronald B. Spencer, second by Howard M. Persinger, Jr., 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 12:07 p.m. to discuss a personnel issue and pending litigation.

XXII.

The Board returned from Executive Session at 1:05 p.m. at which time President Morris announced no action was taken and no decisions were made.

XXIII.

Bill Luff provided the Board an update regarding the development of the 2002 Annual Report and Student and Employee Codes of Conduct tabloid.

XXIV.

Education of Exceptional Children 2002 Annual Report - (Action)

Dee Bodkins, Executive Director, Office of Special Education, provided and reviewed a recommended Board response to the West Virginia Advisory Council for the Education of Exceptional Children 2002 Annual Report.

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

XXV.

Brenda Williams, Executive Director, Office of Instructional Technology, presented Policy 2450 for the Board's consideration. The comment period for this policy ended on July 7, 2002, and no comments were received.

Upon motion by James J. MacCallum, second by Sandra M. Chapman, the Board approved Policy 2450. (Copy appended to Official Minutes, Attachment S.)

XXVI.

Tony Smedley, Executive Director, Office of Human Resources, presented Policy 5310 for the Board's consideration. Policy 5310, as amended by House Bill 4319, was placed on public comment at the June meeting. Revisions have been made to the policy in accordance with responses received during the comment period.

Ms. Chapman and Mrs. Fish voiced their opposition to the policy changes proposed.

Upon motion by Paul J. Morris, second by Howard M. Persinger, Jr., the Board, with six members voting yes and Sandra M. Chapman and Barbara N. Fish voting no, approved Policy 5310. (Copy appended to Official Minutes, Attachment T.)

XXVII.

G. A. McClung, Assistant State Superintendent, Division of Administrative Services, presented Policy 4320 for the Board's consideration. Revisions are required to bring the policy in line with regulatory changes and to ensure efficient operations in school nutrition programs. Approval allows the Department, in its role as state administering agency for Child Nutrition Programs, to assist counties in complying with United States Department of Agriculture regulations and other pertinent policies and rules. The comment period ended on June 11, 2002 and no comments were received.

Upon motion by Sandra M. Chapman, second by Sheila M. Hamilton, the Board approved Policy 4320. (Copy appended to Official Minutes, Attachment U.)

XXVIII.

Bill Luff requested that Policy 2425 be repealed as it was incorporated into the new Student Code of Conduct which became effective on July 7, 2002

Upon motion by Barbara N. Fish, second by Sheila M. Hamilton, the Board repealed Policy 2425. (Copy appended to Official Minutes, Attachment V.)

XXIX.

G. A. McClung presented Policy 3233 for the Board's consideration. Revisions are required to bring the policy in line with statutory changes and to ensure efficient operations.

Mr. McClung distributed an updated version of the policy with revisions that were requested during the Board's August 7 work session.

Upon motion by Howard M. Persinger, Jr., second by Sheila M. Hamilton, the Board placed Policy 3233 on public comment until September 20, 2002. (Copy appended to Official Minutes, Attachment W and addendum.)

XXX.

Lisa Burton, Coordinator, Office of Student Services and Assessment, provided information regarding "American Character Week." The West Virginia Department of Education has helped all 55 counties to implement and integrate character education into the school environment and curriculum. There are currently 23 pilot sites statewide. In order to commemorate the anniversary of September 11, the West Virginia Board of Education was asked to join thousands of organizations and millions of children by proclaiming September 6-17, 2002, as "American Character Week."

Upon motion by James J. MacCallum, second by Howard M. Persinger, Jr., the Board authorized the President to sign the proclamation. (Copy appended to Official Minutes, Attachment X.)

XXXI.

Deborah Brown, Executive Director, and Dennis Kennedy, Coordinator, Office of Instructional Services, presented Policy 2422.2 for the Board's consideration. Policy 2422.2 establishes guidelines for Driver Education courses in West Virginia schools. Its authorization comes from West Virginia Code §18-6-1 through §18-6-10. Proposed changes align policy with previously unaligned legislation as well as legislation from the 2002 session of the Legislature and make language and format consistent with current usage.

Upon motion by Howard M. Persinger, Jr., second by Sheila M. Hamilton, the Board placed Policy 2422.2 on public comment until October 13, 2002. (Copy appended to Official Minutes, Attachment Y.)

XXXII.

Steve McBride submitted improvement consultant teams for Pocahontas County High School and Waitman Barbe Elementary School for the Board's consideration. Both schools were designated as Seriously Impaired during the July 11, 2002 meeting of the State Board.

Upon motion by Sheila M. Hamilton, second by Paul J. Morris, the Board approved the improvement consultant teams for Pocahontas County High School and Waitman Barbe Elementary School. (Copy appended to Official Minutes, Attachment Z.)

XXXIII.

Paul J. Morris reported that at the June meeting Drs. Stewart and Seal were requested to bring a list of objectives to the August meeting for review and discussion. These objectives will form the basis for their evaluations at the July 2003 meeting.

Dr. Seal stated that his goals for the coming year were: 1) to familiarize the Board with OEPA procedures, 2) public relations activities, 3) to familiarize the Board with OEPA staff, 4) completion of the Strategic Plan for FY2003, and 5) complete on-site reviews identified in previous correspondence.

Dr. Stewart indicated his top three priorities for the coming year were: 1) the No Child Left Behind Act, 2) implementation of early childhood initiative, and 3) continuing improvements that can be quantified in math and reading, especially at the elementary levels. Paul J. Morris requested that a uniform grading policy be added to the list of critical objectives. Sandra M. Chapman requested that the grammar, wrongful conduct and healthy/safe school initiatives maintain priority status and Barbara N. Fish requested that professional licensure be added to the list of concerns. Dr. Stewart also indicated that the RESA initiative would be a priority issue.

Mr. Morris requested that Drs. Stewart and Seal provide the Board with updated lists of critical objectives.

XXXIV.

Chancellor Mullen distributed, and provided comments regarding, a publication entitled "West Virginia College Going Rates by County and High School, Fall 2001." Dr. Mullen issued two concerns: 1) he has been unable to find any age designation in the No Child Left Behind regulations, and 2) teacher quality. Chancellor Mullen requested a time when the Board and Policy Commission can meet together to discuss the teacher quality issue.

Mrs. Fish suggested that the Board set its initiatives for the coming year at the September meeting, President Morris replied that such an item would be added to the Wednesday schedule.

XXXV.

The next regular meeting of the West Virginia Board of Education will be held September 11-12, 2002, in McDowell County, West Virginia.

XXXVI.

Upon motion by James J. MacCallum, second by Sandra M. Chapman, the Board adjourned at 2:15 p.m.

Minutes approved by the Board on September 12, 2002.

_______________________________________________

J. D. Morris, President

wvbeminutes8/8/02