MINUTESWEST VIRGINIA BOARD OF EDUCATION

McDowell County Schools

Mount View High School

950 Mount View Road

Welch, West Virginia

September 12, 2002

I.   Call to Order

President J. D. Morris called the meeting of the West Virginia Board of Education to order at 8:30 a.m. on September 12, 2002, in the Media Center at Mount View High School, 950 Mount View Road, Welch, West Virginia.

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

II. McDowell County Board of Education

Joint Meeting

Call to Order

President Mike Mitchem called the joint meeting of the McDowell County Board of Education with the West Virginia Board of Education to order at 8:31 a.m. on September 12, 2002, in the Media Center at Mount View High School, 950 Mount View Road, Welch, West Virginia.  Members present for the McDowell County Board of Education were:  Johnny Allen, Dortha Fowler, Kevin Wade, and Superintendent Mark Manchin.  (Agenda attached to Official Minutes, Attachment A.)

III. Delegations

Ben Barkey, Uniserv Representative, WVEA-Region III, addressed the Board regarding the state's takeover of McDowell County Schools and the proper review, amendment and adoption of county policies.  

Gwendolyn Lacy, President, McDowell County Education Association, addressed the Board regarding the negativity of the OEPA audit report that lead to the takeover of McDowell County Schools.  

Tom Hatcher, Mayor of War, submitted a letter regarding McDowell County's proposed consolidation plans.  (Copy appended to Official Minutes, Attachment B.)

IV. Standards for McDowell County Schools to Meet

Bill Luff distributed and discussed the standards for return of complete control of McDowell County schools to the McDowell County Board of Education. (Copy appended to Official Minutes, Attachment C.)

V. McDowell County Schools' Progress

Superintendent Manchin provided a PowerPoint presentation detailing McDowell County's progress and master plan to meet the standards set by the State Board.  Assistant Superintendent Suzette Cook, provided an overview of elementary education.  County staff and school principals were introduced.

President Mitchem addressed the Board and presented and discussed the McDowell County Board of Education's preferred plan regarding consolidation.  Superintendent Stewart indicated that a plan must be in place by November for submission to the Corps of Engineers.  President Morris requested that President Mitchem provide additional information regarding the delivery of instruction in the McDowell County Board of Education's preferred plan.  Upon receipt of the requested documentation, Superintendent Stewart will run a comparison and provide the results to both Boards.  (Copy appended to Official Minutes, Attachment D.)

VI. Adjournment of the McDowell County Board of Education

Upon motion by President Mitchem, second by Dortha Fowler, the McDowell County Board of Education adjourned at  9:52 a.m.

VII. Break

President Morris called for a break at 9:53 a.m.

VIII. Call to Order

President Morris called the meeting back to order at 10:11 a.m.

IX. Recognition

Assistant State Superintendent Stan Hopkins, Division of Technical and Adult Education, introduced Bill Wilcox, Director, Office of Adult Education and Workforce Development, who recognized Pam Abston, Coordinator of Academic Programs in Juvenile Institutions and former state GED Administrator.  Ms. Abston was a recipient of the prestigious "Distinguished Service" award from the General Educational Development Testing Service (GEDTS) and the American Council on Education (ACE) at the July 2002 annual international GED conference in Boston, MA. 

X. Approval of Agenda

Upon motion by Barbara N. Fish, second by Sandra M. Chapman, the Board approved the agenda with the following additions and corrections: Superintendent Stewart amended item VIII. Consent Agenda, A. Approval of Minutes, August 8, 2002,to incorporate changes requested by Barbara Fish; and B., 3. Personnel, delete Karen Davies from the transfer section and add an addendum; Under Old Business at item C. Policy 6204, incorporate the changes listed on green sheet.  President Morris requested that an item entitled Board's Legislative Agenda be added under Miscellaneous; Barbara N. Fish requested that the proposed new hire in the public relations office be removed from the Consent Agenda and discussed in executive session.  (Copies appended to Official Minutes at appropriate sections.)

XI. Director's Information

Dr. Kenna Seal, Director of the Office of Education Performance Audits, invited Board members to attend training sessions scheduled for September 26 in Beckley; September 27 in Clarksburg and September 30 in Martinsburg.

XII. Training Manual and Handbook for Education Performance Audits

The Training Manual and Handbook was developed as a resource for accreditation training.  In addition, it was designed to serve as a guide for team members as they conduct on-site reviews of education programs in schools and county school systems and assess compliances with the performance measures and high quality standards adopted by the West Virginia Board of Education.

Upon motion by Paul J. Morris, second by Sandra M. Chapman, the Board approved the manual.  (Copy appended to Official Minutes, Attachment E.)

XIII. Student Attendance, Performance Measure 4.2

The school performance data have been analyzed relative to meeting Performance Measure 4.2, Student Attendance.  The attached report reflects those schools that did not meet the 92.5 percent student attendance rate for the 2001-2002 school year. The school denoted by an asterisk (*) is Seriously Impaired.

Upon recommendation of the OEPA, a motion by Barbara N. Fish, second by Paul J. Morris, the Board issued schools the accreditation status as listed on the chart located at Attachment E. (Copy appended to Official Minutes, Attachment F.)   

XIV. Superintendent's Information

Superintendent Stewart complimented all McDowell County staff on the success he has observed since the state's takeover.

XV. Consent Agenda

Upon motion by Sandra M. Chapman, second by Sheila M. Hamilton, the Board approved the consent agenda as modified.

Paul J. Morris questioned an item on the personnel schedule wherein a secretary is moving to a professional position with a large salary increase.  He also questioned the need for monthly reports for the Veterans diploma and indicated a quarterly report would be sufficient.  President Morris requested clarification of the denial of the Greenbrier County waiver request and requested Greenbrier County be advised of the Board's concerns.  (Copies appended to Official Minutes, Attachments G-M.)

Minutes

The Board approved the August 7 and 8, 2002 minutes as amended.  (Attachment G.)

  County Boards of Education, RESAs, and Multi-County Vocational

Centers Budget Supplement and Transfer Requests for the 2002-03 Year

The Board approved the budget supplement and transfer requests for the month of August 2002 as follows:  Total Supplements = $22,877,473 and Total Transfers = $14,536,358.   (Attachment H.)

Policy 4355 - High School Diplomas for Veterans

As of August 26, 2002, the Department of Education has received an additional seven (7) applications for a total of 1,178 applications for Operation Recognition in connection with Policy 4355:  High School Diplomas for Veterans.  (Attachment I.) 

Personnel

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

Waivers of State Board of Education Policies and Regulations,

Superintendent's Interpretations and State Statutes and Legislative Rules

The Board approved 16 waiver requests: five (5) requests for continuation of instructional material adoption; two (2) new requests for waivers of instructional material adoption; two (2) requests for continuation of waivers of State Board Policy; and six (6) new requests for waivers of State Board Policy and denied is one (1) request for a waiver of State Board Policy.  (Attachment K.)

Senate Bill 227, W.Va. Code 18A-4-7a, Transfer of Teachers

After Five Days Prior to Starting Instruction

The Board approved the requests of Boone, Ohio and Wood Counties.   (Attachment L.)

Athletic Trainer Waivers

The Board approved four waiver requests.  Details may be found in the attachment.  (AttachmentM.)

XVI. Local Option Economic Development Amendment

Dana E. Waldo, Chair, All for One Committee, West Virginia Round Table, provided an overview and requested the Board's formal support a proposed constitutional amendment, Amendment One, regarding local option economic development.

Sandra M. Chapman requested additional information for study prior to taking any action on the item on this request.

Mr. Waldo distributed an informational pamphlet and asked that the Board take action regarding Amendment One at the next meeting. (Copy appended to Official Minutes, Attachment Mc.)

XVII. Uniform Grading Policy

Bill Luff, Deputy State Superintendent of Schools, distributed information and provided the Board an update regarding a uniform grading policy.  Mr. Luff indicated that a meeting will take place on September 17 at 11 a.m. at the John XXIII Pastoral Center in Charleston.  All local superintendents or their designees have been invited to this meeting.

President Morris requested that a draft of the policy be provided to the Board as soon as it becomes available.  Sandra M. Chapman requested that the Board be advised of the outcome/comments/concerns issued at the September 17 meeting.  Paul J. Morris issued his support for the pursuance of an answer to this problem.  Barbara N. Fish indicated there are counties that would appreciate a conclusion to this issue.

XVIII. Annual Report of the West Virginia Schools for the Deaf and the Blind

Jane McBride, Superintendent of the West Virginia Schools for the Deaf and the Blind, provided the Board the 2001-2002 annual report.  Sheila Hamilton, Barbara Fish and Superintendent Stewart applauded Mrs. McBride and the staff of the West Virginia Schools for the Deaf and the Blind for their accomplishments.  (Copy appended to Official Minutes, Attachment N.)

XIX. Medicaid Eligible Children Reimbursement

Dr. Dee Bodkins, Executive Director, introduced Vicky Mohnacky, Coordinator, Office of Special Education, who provided the 2002 report regarding Medicaid eligible children reimbursement.  W.Va. Code 18-2-5b authorizes the West Virginia Board of Education to be a  provider of school-based Medicaid services to students with disabilities who are eligible for educational services under the IDEA and health services under Medicaid.  Since 1990, the Department has implemented this reimbursement program through the county school districts and RESAs.  (Copy appended to Official Minutes, Attachment O.)

XX. Mount View High School

Mount View High School was designated as Seriously Impaired in August 2000 and did not correct the impairment by the Date Certain set by the West Virginia Board of Education.  As per W.Va. Code 18-2E-5, in September 2002, the State Board employed Dan Zirkle to serve as a "monitor/distinguished educator" to work collaboratively with the principal and staff at Mount View High School.

Steve McBride, Executive Director, Office of Instructional Materials, introduced Barbara Hairston, Principal of Mount View High School, and Dan Zirkle, monitor/distinguished educator, who provided the Board an overview of the collaborative improvement activities that have occurred at Mount View High School during the 2001-2002 school year and a summary of how the school improved student achievement and attendance.

XXI. Policy 5612 - Workers' Compensation Benefits

  G. A. McClung, Assistant State Superintendent, Division of Administrative Services, presented Policy 5612 for the Board's consideration.  Policy 5612 was 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 employee.  The policy was on public comment through August 12, 2002 and one comment was received and adopted.

Paul J. Morris issued a concern that the modified policy places further stress on the Workers' Compensation Division.

Upon motion by Barbara N. Fish, second by Sandra M. Chapman, the Board, with three voting yes (Sandra M. Chapman, Sheila M. Hamilton and J. D. Morris) and three voting no (Barbara N. Fish, Paul J. Morris and Ronald B. Spencer) failed to approve Policy 5612.  (Copy appended to Official Minutes, Attachment P.)

XXII. Policy 6200 - Handbook on Facilities Planning

  G. A. McClung presented Policy 6200 for the Board's consideration.  It has been revised to delete Section 105, Rules and Regulations for County Board 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.  This policy was on public comment through July 15, 2002 and no comments were received.

Upon motion by Sandra M. Chapman, second by Paul J. Morris, the Board approved Policy 6200.  (Copy appended to Official Minutes, Attachment Q.)

XXIII. Policy 6204 - School Closures or Consolidations

G. A. McClung presented Policy 6204 for the Board's consideration.   This is a new policy that deals exclusively with school closings and consolidations.  This policy was on public comment through August 12, 2002 and three persons commented.  Sections 2.1., 2.3., and 3.1. were modified in response to the comments received for consistency with state law and for additional clarification.

Upon motion by Paul J. Morris, second by Ronald B. Spencer, the Board approved Policy 6204 as amended.  (Copy appended to Official Minutes, Attachment R.)

XXIV. Policy 4374 - School Uniforms

Rebecca Tinder, General Counsel to the Board and the Department, presented Policy 4374 for the Board's consideration.  Policy 4374 was placed on public comment at the July 2002 Board meeting.  The policy was written as mandated by Senate Bill 177 (W.Va. Code 18-2-35).  The public comment period expired August 16th.  Two comments expressing general support for the policy and one comment expressing general disapproval of the policy were received.  No revisions to the policy were made in response to the comments.

Upon motion by Ronald B. Spencer, second by Sheila M. Hamilton, the Board approved Policy 4374.  (Copy appended to Official Minutes, Attachment S.)

XXV. Policy 2315 - Comprehensive Developmental Guidance and Counseling

Dr. Karen Huffman, Assistant Director, Office of Student Services and Assessment,  presented Policy 2315 and distributed companion materials for the Board's consideration.  In response to changes in W.Va. Code 18-5-18, Policy 2315 defines components of a comprehensive and developmental guidance and counseling program based on nationally recognized standards and defines the direct and indirect counseling services and counseling  program service delivery and monitoring guidelines that are to be reflected in county policy and implemented at each school.  

Upon motion by Sheila M. Hamilton, second by Paul J. Morris, the Board placed Policy 2315 on public comment until October18, 2002.  (Copy appended to Official Minutes, Attachment T.)

XXVI. Policy 8350 - Programs to Strengthen Student Learning Ability

Dr. Pamela Sumpter-Cain, Assistant State Superintendent, Division of Instructional and Student Services, presented Policy 8350 for the Board's consideration.  This policy establishes a more formal method to fund programs that strengthen student learning ability.

Upon motion by Sheila M. Hamilton, second by Paul J. Morris, the Board placed Policy 8350 on public comment until October18, 2002.  (Copy appended to Official Minutes, Attachment U.) 

XXVII. Break

President Morris called for a lunch break at 11:52 a.m.

XXVIII. Call to Order

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

XXIX. Approval of Educational Personnel Preparation Programs

in West Virginia Colleges and Universities 2002-2003

In compliance with Policy 5100 - Approval of Educational Personnel Programs, G. A. McClung presented the programs recommended for approval.  All West Virginia higher education institutions are required to complete an annual report on July 1 of each year.  Policy 5100 also contains the four major areas that all annual reports must address.  All 18 institutions met these criteria and qualify for "Continuing Program Approval Status."  From these reports the Office of Professional Preparation compiles a document entitled Approval of Education Preparation Programs in West Virginia Colleges and Universities 2002-2003 and distributes this document throughout the state.  This year's document reflects all the changes the higher education institutions made to align their professional preparation programs with the revisions contained in Policy 5100 as revised by the West Virginia Board of Education in January, 2000.

  Upon the recommendation of the Office of Professional Preparation, a motion by Paul J. Morris, second by Sheila M. Hamilton, the Board granted "Continuing Program Approval Status" to the 18 institutions whose educational personnel preparation programs are contained in the attachment. (Copy appended to Official Minutes, Attachment V.)

XXX. Appointment of New Members to the

West Virginia Commission for Professional Teaching Standards

In compliance with Policy 5050, G. A. McClung submitted the names of three nominees for the Board's consideration.   Created by Policy 5050, the West Virginia Commission for Professional Teaching Standards serves as an advisory council to the West Virginia Board of Education.  Due to the expiration of previous member's terms, a middle school and a high school teacher are needed for the Commission. In addition, due to a resignation, an elementary principal is needed. 

Upon motion by Paul J. Morris, second by Sheila M. Hamilton, the Board appointed Kelly Watts,  a national board certified math teacher from Vinson Middle School in Wayne County, Mary Thomas, a high school social studies teacher from Woodrow Wilson High School in Raleigh County, and Dreama S. Bell, principal of Stanaford Elementary in Raleigh County to the West Virginia Commission for Professional Teaching Standards.

XXXI. Legal and/or Personnel Matters

President Morris requested a motion to move into an executive session to discuss a personnel matter.

Upon motion by Barbara N. Fish, second by Paul J. Morris, 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 12:57 p.m. to discuss a personnel matter.

XXXII. Return from Executive Session

The Board returned from Executive Session at 1:26 p.m. at which time President Morris announced no action was taken or decisions made.

Upon motion by Barbara N. Fish, second by Sheila M. Hamilton, the Board approved the hiring of Liza Cordeiro as Executive Director of the Office of Public Relations.

XXXIII. 2003 Meeting Schedule

President Morris presented the proposed meeting schedule for 2003.  After discussion it was decided that a new schedule would be developed and brought back for approval at the October meeting.  (Copy appended to Official Minutes, Attachment W.)

XXXIV. Legislative Proposals for 02-03

Superintendent  Stewart requested members submit proposals to G. A. McClung.  Barbara N. Fish issued a concern regarding the change in statute regarding yearly evaluations by principals.  President Morris, Ron Spencer and Barbara Fish accepted the responsibility for formulating the Board's legislative proposal for 2003.

XXXV. Future Meetings

The next regular meeting of the West Virginia Board of Education will be held October 16-17, 2002 in Taylor County, West Virginia. 

XXXVI. Adjournment

Upon motion by Sandra M. Chapman, second by Sheila M. Hamilton, the Board adjourned at 1:44 p.m.

       Minutes approved by the Board on October 17, 2002.

       _______________________________________________

       Howard M. Persinger, Jr., President

wvbeminutes9/12/02