State Board Minutes 10-17-02

MINUTES WEST VIRGINIA BOARD OF EDUCATION

Taylor County Schools

Taylor County Middle School

RR 2, Box 148A

Grafton, West Virginia

October 17, 2002

I. Call to Order

President Howard M. Persinger, Jr., called the meeting of the West Virginia Board of Education to order at 8:30 a.m. on October 17, 2002, in the auditorium at Taylor County Middle School, RR 2, Box 148A, Grafton, West Virginia.

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

II. Welcome and Introductions

Jane M. Reynolds, Superintendent of Taylor County Schools, welcomed the Board.

III. Recognitions

Frank Andrews, Superintendent of Institutional Education Programs and Dr. Jack Littlefield. National Correctional Association, recognized the Denmar and St. Marys Correctional Centers for attaining full accreditation. Jim Rubenstein, Commissioner of the West Virginia Division of Corrections, also addressed the Board regarding the working relationship between the correctional team and the education team.

President Persinger read a resolution honoring James J. MacCallum, who resigned from the Board effective at the end of the meeting, and called for a vote to approve the resolution.

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

IV. Delegations

Pat Gracey, President, West Virginia Head Start Association and Member, PIECES Advisory Council, addressed the Board regarding her perspective on the policy and regulations developed in compliance with S.B. 247. (Copy appended to Official Minutes, Attachment B.)

Amy Summers, citizen of Taylor County addressed the Board regarding her opposition to out-of-county transfers. (Copy appended to Official Minutes, Attachment C.)

Tracy Young, citizen of Taylor County, addressed the Board regarding the State Superintendent's denial of her out-of-county transfer request. President Persinger advised Ms. Young of her appeal rights and the Board's intention to look into the matter.

Karen Phillips, Taylor County parent, addressed the Board and voiced her opposition to the Civil Rights Team Project. (Copy appended to Official Minutes, Attachment D.)

Natalie Branch, Taylor County parent, addressed the Board in support of out-of-county transfers.

Mike Mitchem, President of the McDowell County Board of Education, addressed the Board in opposition to the proposed amendment to the McDowell County Comprehensive Educational Facilities Plan.

Barbara Young, parent and PTO President at Anna Jarvis Elementary, addressed the Board regarding her concerns with requirements in the Student Code of Conduct. (Copy appended to Official Minutes, Attachment E.)

V. Approval of Agenda

Upon motion by Barbara N. Fish, second by Sheila M. Hamilton, the Board approved the agenda with the following additions and corrections: page 5, item 7, Personnel, delete from the attachment on page 3 the "Reduction in Force" item and page 8, remove Policy 3233 from the agenda.

Paul J. Morris moved, and Ronald B. Spencer seconded, removal of Item IX. E. Civil Rights Team Project from the agenda. Barbara N. Fish requested that the item remain on the agenda and Sandra M. Chapman also indicated she would like it to remain on the agenda for limited discussion. Upon the call for the question, the motion was defeated one (1) to five (5) with Paul Morris voting yes, and President Persinger, Sandra M. Chapman, Barbara N. Fish, Sheila M. Hamilton and Ronald B. Spencer voting no.

Rebecca Tinder, General Counsel for the Board and the Department, addressed the Board, to relay a message from Assistant Attorney General Paul Sheridan regarding his lack of notice to appear at the meeting and his request that the discussion be scheduled for a future agenda.

Paul J. Morris again moved to remove the item from the agenda. President Persinger ruled that the motion was out-of-order.

Ronald B. Spencer moved that the item be removed from consideration and rescheduled to allow participation by the Attorney General's office. Upon the call for a second and there being none, the motion died for the lack of a second.

Sandra M. Chapman moved, and Paul J. Morris seconded, that the Personnel item be removed from the Consent Agenda for further discussion.

VI. Director's Information

Dr. Kenna Seal, Director of the Office of Education Performance Audits, provided brief remarks regarding Taylor County and their full accreditation status.

VII. Accreditation Status Based on the Education Performance

Audit of the Harrison County School System

A random and unannounced Education Performance Audit was conducted in the Harrison County School System. Superintendent Carl Friebel addressed the Board regarding the audit report.

Upon motion by Paul J. Morris, second by Sheila M. Hamilton, the Board granted the Harrison County School System Full Approval status, recognized four (4) schools for achieving Exemplary Accreditation status, granted twenty-one (21) schools Full Accreditation status, and issued one (1) school Temporary Accreditation status with an April 30, 2003 Date Certain for the education performance audit noncompliances. (Copy appended to Official Minutes, Attachment F.)

VIII. School District Approval Status and School Accreditation Status

Based on Follow-up Education Performance Audit of the

Cabell County School System

An on-site review of the Cabell County School System was conducted January 17 - 19, 2002. A Follow-up Education Performance Audit Team returned to Cabell County September 23 - 25, 2002 to verify correction of the noncompliances identified during the original on-site review.

Upon motion by Ronald B. Spencer, second by Barbara N. Fish, the Board issued the Cabell County School System Temporary Approval status, recognized one (1) school for achieving Exemplary Accreditation status, granted twenty-six (26) schools Full Accreditation status, issued one (1) school Temporary Accreditation status, and issued two (2) schools Seriously Impaired status. (Copy appended to Official Minutes, Attachment G.)

IX. School District Approval Status and School Accreditation Status

Based on Follow-up Education Performance Audit of the

Tucker County School System

An on-site review of the Tucker County School System was conducted October 15 - 17, 2001. A Follow-up Education Performance Audit Team returned to Tucker County September 9 - 10, 2002 to verify correction of the noncompliances identified during the original on-site review. Superintendent Cynthia Kolsun and Board member Stelman E. Harper addressed the Board regarding the audit report.

Upon motion by Sheila M. Hamilton, second by Sandra M. Chapman, the Board granted the Tucker County School System full approval status and issued all schools full accreditation status. (Copy appended to Official Minutes, Attachment H.)

X. Multi-County Vocational-Technical Center Accreditation Status

Based on Education Performance Audit for the United Technical Center

A random and unannounced education performance audit was conducted in the Harrison County School System. (See Section VII.) The United Technical Center was also reviewed during this time.

Upon motion by Paul J. Morris, second by Ronald B. Spencer, the Board granted the United Technical Center Full Accreditation status. (Copy appended to Official Minutes, Attachment I.)

XI. Revised Unified School Improvement Plans

County boards are required to ensure that any school performing below the requirements for full accreditation status revise its Unified School Improvement Plan to increase the performance of the school to a full accreditation status level. The revised plan must include objectives, a time line, an evaluation component, cost estimates, and a date certain for achieving full accreditation. Attachment E summarizes the elements of the revised Unified School Improvement Plans for eleven (11) schools.

Upon motion by Sandra M. Chapman, second by Barbara N. Fish, the Board approved the plans and upgraded the schools listed in Attachment E from Temporary Accreditation status to Conditional Accreditation status. (Copy appended to Official Minutes, Attachment J.)

XII. Break

President Persinger called for a break at 10:30 a.m.

XIII. Call to Order

President Persinger called the meeting back to order at 10:49 a.m.

XIV. Consent Agenda

Upon motion by Sandra M. Chapman, second by Ronald B. Spencer, the Board approved the consent agenda as amended. (Copies appended to Official Minutes, Attachments K-Q.)

Minutes

The Board approved the September 11 and 12 minutes as amended. (Attachment K.)

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 September 2002 as follows: Total Supplements = $56,847,642 and Total Transfers = $9,949,134. (Attachment L.)

Berkeley County Board of Education

Comprehensive Educational Facilities Plan (CEFP)

The Board approved the Berkeley County Board of Education's request to amend its CEFP for the school year 2002-03 to include the location of modulars for the following schools: Bunker Hill Elementary (1), Hedgesville High (3), Hedgesville Middle, (1) Martinsburg North Middle (2) and Valley View Elementary (1).

Braxton County Board of Education

Comprehensive Educational Facilities Plan (CEFP)

The Board approved the Braxton County Board of Education's request to amend its CEFP to build a new spectator gymnasium at Braxton County High School and to enclose the entranceway to facilitate a commons area at this school.

Marion County Board of Education

Comprehensive Educational Facilities Plan (CEFP)

The Board approved the Marion County Board of Education's request to amend its CEFP to provide handicap accessible ramps for the campus buildings at Fairmont Senior High School and the replacement of sewage treatment facilities at East Dale Elementary and North Marion High School.

Ohio County Board of Education

Comprehensive Educational Facilities Plan (CEFP)

The Board approved the Ohio County Board of Education's request to amend its CEFP to provide for the construction of a Commons Area and Student Lounge, renovation work to consist of a new food court style service area with new food service and kitchen equipment, a new entrance to the gymnasium and the renovation of the former south common into four technology classrooms and three storage rooms with an extension of an existing corridor at Wheeling Park High School with modifications and expansions to the existing sprinkler, plumbing, HVAC, and electrical systems will be made to service the addition and renovated areas. The Board also approved the removal and replacement of 260 windows at Triadelphia Middle School.

Inspection of Schools

The Board accepted the inspection findings, found in Attachment M, for the following schools.

COUNTY SCHOOL

Doddridge Doddridge County Middle

Greenbrier Eastern Greenbrier Junior High

Hardy East Hardy High

Harrison Big Elm Elementary

Jackson Ripley High

Lincoln West Hamlin Elementary

Monongalia Morgantown High

Monroe James Monroe High

Morgan Warm Springs Middle

Summers Summers County High

Taylor Grafton High

Waivers of State Board of Education Policies and Regulations,

Superintendent's Interpretations and State Statutes and Legislative Rules

The Board approved nine (9) requests for continuation of instructional material adoption; and five (5) new requests for waivers of instructional material adoption.

The Board denied one (1) request for a waiver for instructional material; one (1) request for a waiver of State Board Policy; and one (1) request for continuation of instructional material adoption. (Attachment Mc.)

Report on Waivers, 1998-2001

The Board accepted the Report on Waivers, 1998-2001. (Attachment N.)

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

After Five Days Prior to Starting Instruction

The Board accepted the notifications from Raleigh, Greenbrier, Hampshire, Barbour, Wetzel, Ritchie, Grant and Summers County Schools. (Attachment O and addenda.)

Employment of Substitute Professionals in Areas of Critical Need

The Board approved the policies submitted by Nicholas and Berkeley County Schools. (Attachment P.)

Athletic Trainer Waivers

The Board approved the two (2) waiver requests. (Attachment Q.)

XV. Personnel

Sandra M. Chapman requested clarification regarding the hiring of a new superintendent in Mingo County Schools. Superintendent Stewart addressed the concern indicating that this item is listed on both the Logan and Mingo County Board of Education agendas and thus is being addressed in the proper fashion.

Upon recommendation of the State Superintendent, a motion by Sandra M. Chapman, second by Sheila M. Hamilton, the Board approved personnel items, as amended, for the Department of Education and West Virginia Schools for the Deaf and the Blind as listed in the attachment. (Copy appended to Official Minutes, Attachment R.)

XVI. Board Member Reports

Barbara N. Fish reported on her attendance at the National Association of State Board's of Education (NASBE) annual conference and her participation in NASBE's Healthy Schools Network project. Mrs. Fish presented a Healthy Schools Network Memorandum of Understanding for the Board's approval. Upon the advice of counsel the Board's approval was deferred until the item could be placed on a future agenda.

Sandra M. Chapman asked about the number of vacancies now existing on various boards and commissions due to the resignations of James J. MacCallum and J. D. Morris. Superintendent Stewart advised that Board that he would look into this matter and report his findings to President Persinger so that appointments may follow.

XVII. Self-Assessment Report - Statewide Continuous

Improvement Monitoring Process

Dr. Dee Bodkins, Executive Director, Office of Special Education, presented the Self-Assessment Report - Statewide Continuous Improvement.

For the past two years, partners involved as providers and recipients of public education services to children and youth with disabilities have engaged in a process to assess the effectiveness of services supported by the Individuals with Disabilities Education Act, Amendments of 1997 (IDEA). The West Virginia Department of Education, Office of Special Education (OSE) and West Virginia Department of Health and Human Resources, West Virginia Birth To Three (WV BTT), began in the summer of 2000 to plan for the state's implementation of the Continuous Improvement Monitoring Process, administered by the U. S. Department of Education, Office of Special Education Programs (OSEP).

The Continuous Improvement Monitoring Process requires a state Steering Committee representing both provider agencies and recipients, including parents, to analyze the state's systems to determine whether they are effective in ensuring compliance and improving results for children with disabilities and their families. The process is data-driven, with the Steering Committee, assisted by Subcommittees, reviewing available data and information related to early intervention and special education services and results, collecting public input on the process, and analyzing the data to identify the state's strengths and needs for improvement. The self-assessment phase of the process results in a final report of the data analysis, findings and the Steering Committee's recommendations, which is submitted to OSEP.

Upon motion by Barbara N. Fish, second by Sheila M. Hamilton, the Board accepted the report for submission to the U. S. Department of Education. (Copy appended to Official Minutes, Attachment S.)

XVIII. Entrepreneurship Spirit Award

Dr. Stanley Hopkins, Assistant State Superintendent, Division of Technical and Adult Education, provided the Board an overview of the Entrepreneurship Spirit Award contest for the Board's consideration.

In an effort to promote entrepreneurship among West Virginia youth, representatives from the Department of Education, the Benedum Foundation, the West Virginia Development Office, the Higher Education Policy Commission and the Small Business Development Centers have designed and are ready to implement an Entrepreneurial Spirit Contest called DreamQuest 2002. High school students or teams of students develop and submit their business ideas. Teachers volunteer to serve as advisors. Business representatives serve as "angels," sponsoring students and as judges. The contest is web-based with the exception of regional workshops. Students, teacher-advisors and angels compete for prize money.

Upon motion by Paul J. Morris, second by Ronald B. Spencer, the Board endorsed this program's implementation in the state's high schools and technical centers. (Copy appended to Official Minutes, Attachment T.)

XIX. High Schools That Work Assessment 2002

Dr. Stanley Hopkins presented a PowerPoint presentation regarding the results of the 2002 High Schools That Work Assessment.

Five-thousand six hundred and three (5,603) West Virginia seniors completed the 2002 High Schools That Work Assessment. This assessment is a tool for linking student achievement with school and classroom practices. Components of the assessment include a student survey and transcript information, a teacher survey and academic assessment in the areas of reading, mathematics and science. (Copy appended to Official Minutes, Attachment U.)

XX. Renewal of a Motion

Policy 5612 -Workers' Compensation Benefits

G. A. McClung presented Policy 5612 for the Board's re-consideration. This policy was revised to provide more specific guidance to county boards for use when board of education employees sustain work-related injuries and are awarded workers' compensation benefits. According to W.Va. Code 23-2-1, the state and all political subdivisions, including county boards of education, are required to provide workers' compensation protection to their employees. W.Va. Code 18A-4-10 grants board of education employees the right to receive both workers' compensation benefits and compensation for personal leave during the same period of time, but restricts the total amount that may be received to the compensation regularly received by the employee. The purpose of this policy is to ensure that county boards of education do not pay compensation for personal leave in excess of the amounts permitted.

The policy was on public comment through August 12, 2002. Only one comment was received and it was adopted. The policy was considered during the September Board meeting but was not approved.

Upon motion by Paul J. Morris, second by Sheila M. Hamilton, the Board reconsidered and approved Policy 5612. (Copy appended to Official Minutes, Attachment V.)

XXI. Policy 4350 - Procedures for the Collection, Maintenance and

Disclosure of Student Data

Bill Luff, Deputy State Superintendent of Schools, presented Policy 4350 for the Board's consideration. Policy 4350 was placed on public comment at the July meeting. No comments were received as a result of the comment period and no changes were made to the policy.

Barbara N. Fish moved and Paul J. Morris seconded that Policy 4350 be approved. Rebecca Tinder requested that the motion be amended to include the repeal of Policy 4350.1.

Barbara N. Fish amended her motion to include the repeal of Policy 4350.1, Paul J. Morris accepted the amendment to the motion and the Board approved the motion as amended. (Copy appended to Official Minutes, Attachment W.)

XXII. Amendment One

Superintendent Stewart provided additional information regarding "Amendment One" and recommended that the Board support the amendment. Dana Waldo who presented information about this proposed Constitutional Amendment at the September meeting requested that the Board support "Amendment One".

President Persinger, Sandra M. Chapman, Barbara N. Fish and Paul J. Morris issued concern regarding the intricacies of "Amendment One".

Paul J. Morris moved, and Sheila M. Hamilton seconded, that the Board go on record in favor of the amendment. Upon the call for the question, the motion passed with five (5) members, President Persinger, Barbara N. Fish, Sheila M. Hamilton, Paul J. Morris and Ronald B. Spencer, voting yes, and one (1) member, Sandra M. Chapman, abstaining.

XXIII. Miscellaneous Items

Superintendent Stewart requested the Board's indulgence to allow Department staff to address the Board regarding a number of issues/concerns recently brought to his attention.

Benchmarks and Informal Assessments

Bill Luff, Deputy State Superintendent, addressed the Board regarding benchmarks and informal assessments for reading and mathematics. He reported that extensive training has occurred and no statewide testing exists in grades K-2. He indicated that complaints have been received regarding excessive paperwork. Paul J. Morris indicated another complaint that has surfaced is the one-on-one attention that is demanded. Barbara N. Fish requested that Beverly Kingery be invited to address the Board regarding this issue. Mr. Luff indicated an item will be placed on the November agenda regarding this issue and Ms. Kingery will be invited. Sandra M. Chapman issued concern that there may have been a change in position of which the Board's input was not solicited.

Harrison County Incident

Rebecca Tinder addressed the Board regarding a purported assault on a principal by a student at Bridgeport High School. The county superintendent will be contacted for confirmation/factual information.

XXIV. Lunch Break

President Persinger called for a break at noon for lunch.

XXV. Call to Order

President Persinger called the meeting back to order at 1:37 p.m.

XXVI. Civil Rights Team Project

President Persinger provided brief historical information on this item.

Barbara N. Fish moved that the program be removed from the schools and that the State Superintendent notify the superintendents in the counties where the program exists to extract it as it was not a program approved by the State Board. President Persinger seconded the motion.

Upon the call for the question, the motion was defeated four (4) to two (2) with President Persinger and Barbara N. Fish voting yes; Sandra M. Chapman, Sheila M. Hamilton, Paul J. Morris, and Ronald B. Spencer voting no. Paul J. Morris requested that the minutes reflect that he voted no because the established procedures/due process had not been followed.

Barbara N. Fish moved: 1) that a fact finding committee (to include Mr. Morris, Mrs. Fish and Superintendent Stewart and any others identified by the committee) be formed to investigate this matter; 2) that the Civil Rights Team Project be suspended until such time as the report of the fact finding committee is submitted to the Board for review and action; and 3) that Superintendent Stewart notify the Attorney General's office and county superintendents of the Board's action. Ronald B. Spencer seconded the motion.

Upon the call for the question, the motion passed with President Persinger, Barbara N. Fish, Sheila M. Hamilton, Paul J. Morris, and Ronald B. Spencer voting yes and Sandra M. Chapman voting no.

Sandra M. Chapman requested that an appropriate press release be issued immediately with regard to this matter and also requested a more specific timeline for submission of the report be established.

XXVII. Improvement Consultant Team for Seriously Impaired School

Steve McBride, Executive Director, Office of Instructional Materials, presented the following individuals to the Board for approval as the improvement consultant team for Hampshire County High School.

Dale McVicker WVDE Distinguished Educator, Team Leader

Dr. Karen Huffman WVDE Assistant Director, Office of Student

Services and Assessment

Susan Walls Principal, Jefferson County High School

Upon motion by Sheila M. Hamilton, second by Barbara N. Fish, the Board approved the aforementioned individuals as the improvement consultant team for Hampshire County High Schools.

XXVIII. Improvement Consultant Recommendations for

Pocahontas County High School and

Waitman Barbe Elementary School

Steve McBride presented the improvement consultant recommendations for Pocahontas County High School and Waitman Barbe Elementary School which were designated as Seriously Impaired at the August, 2002 meeting of the West Virginia Board of Education. Policy 2320 states: "Whenever a school is issued seriously impaired status, the West Virginia Board of Education, shall appoint a team of improvement consultants to make recommendations within sixty days of appointment for correcting the impairment."

Upon motion by Paul J. Morris, second by Sandra M. Chapman, the Board approved the recommendations for the two schools. (Copy appended to Official Minutes, Attachment X.)

XXIX. McDowell County Board of Education

Comprehensive Educational Facilities Plan

G. A. McClung presented the request to amend the McDowell County Comprehensive Educational Facilities Plan (CEFP). The amendment provides for the construction of a new 9-12 high school to house students from Big Creek and from Iaeger at the existing Bradshaw Elementary site; a new elementary/middle school PK-8 to house students from Berwind Elementary, students from War Elementary and students from Bartley Elementary; a new PK-5 elementary school to house students from Bartley Elementary and students from Bradshaw Elementary; and a new PK-5 elementary to house students from Panther Elementary and students from Iaeger Elementary.

Dr. Mark Manchin, Superintendent of McDowell County Schools, addressed the Board in support of the proposed plan.

Pursuant to W.Va. Code 18-2E-5(l)(4) and upon motion by Howard M. Persinger, Jr., second by Paul J. Morris, the Board approved the amendment to the McDowell County CEFP. (Copy of amended CEFP appended to Official Minutes, Attachment Y [formerly Attachment U].)

Upon motion by Howard M. Persinger, Jr., second by Barbara N. Fish, the Board clarified/amended the intervention terms in McDowell County to include limiting the county board and county superintendent's authority to transfer real estate and to conduct school closure/consolidation hearings.

Upon motion by Howard M. Persinger, Jr., second by Sheila M. Hamilton, the Board approved the delegation of the West Virginia Board of Education's authority over McDowell County: 1) to approve notices and documents relating to school closures/consolidations as to form; 2) to conduct public hearings on school closures/consolidations and 3) to make a decision on proposed school closures/consolidations.

XXX. Policy 2525 -West Virginia's Universal Access to

Pre-kindergarten System

Cathy Jones, Coordinator, Early Childhood/Even Start, Kay Tilton, Acting Director, West Virginia Department of Health and Human Resources, Office of Social Services, and Bill Huebner, Director, Head Start Collaboration Project, presented proposed Policy 2525 for the Board's consideration.

Policy 2525 is the result of legislation passed in 2002 (Senate Bill 247). This policy establishes the criteria for approving and operating WV Pre-K classrooms and providing universal access to high quality pre-kindergarten programs. As mandated by W. Va. Code 18-5-44, this policy was developed in collaboration with Head Start and the West Virginia Department of Health and Human Resources.

Upon motion by Sheila M. Hamilton, second by Ronald B. Spencer, the Board placed Policy 2525 on public comment until November 20, 2002. (Copy appended to Official Minutes, Attachment Z.)

XXXI. Election of Officers

President Persinger declared the office of Vice-President vacant and called for nominations.

Ronald B. Spencer moved, and Sheila M. Hamilton seconded, the nomination of Sandra M. Chapman to the office of Vice- President. Paul J. Morris moved, and Sheila M. Hamilton seconded, that the nominations be closed. The Board elected Sandra M. Chapman as Vice-President.

XXXII. Policy 2515 - Uniform Grading System

Bill Luff presented proposed Policy 2515 for the Board's consideration. Questions have been raised concerning eligibility for Promise Scholarships due to perceived inequities in grading practices among the 55 county school systems. Policy 2515 establishes a uniform grading policy designed to eliminate any such inequities. The policy was developed with input from representatives of 40 county school systems. The policy establishes a grading scale that must be used for all high school courses offered for credit. It allows county school systems to weight grades, but provides that weighted grades received after July 1, 2003 must be converted to a 4.0 scale for determining eligibility for the Promise Scholarship.

Barbara N. Fish moved, and Ronald B. Spencer seconded, that Policy 2515 be placed on public comment until November 22, 2002.

Sandra Chapman indicated concern and that she intended to vote no because those who participated in the policy development meetings were operating with misinformation.

XXXIII. Break

President Persinger called for a break at 3:10 p.m.

XXXIV. Call to Order

President Persinger called the meeting back to order at 3:20 p.m.

XXXV. Policy 2515 - Uniform Grading System (Continued)

Mr. Luff restated the recommendations and the motion was restated. Following a lengthy discussion and a recommendation of the State Superintendent, the motion passed and the Board placed the policy on public comment until November 22, 2002. (Copy appended to Official Minutes, Attachment AA.)

XXXVI. Policy 4373 - Student Code of Conduct

Karen Huffman, Assistant Director, Office of Student Services and Assessment, distributed and reviewed a summary of recommended revisions regarding Policy 4373 for the Board's consideration. Extensive revision of the 1991 Student Code of Conduct (Policy 4373) resulted in a repeal of the former policy and replacement with a new Policy that became effective July 7, 2002. Revisions to the current policy have been made in response to comments and recommendations received during statewide policy update workshops held July - September, 2002.

Following a lengthy discussion the Department was directed to: 1) distribute a copy of the executive summary with the revised policy during the comment period pursuant to the normal distribution procedures, 2) provide the Board a document that lists concerns raised by various members of the public, legislators, principals, etc., and how they have been addressed, and 3) provide the Board the requested information sufficiently prior to the meeting and not on the day of the meeting.

Sandra M. Chapman moved that the policy be placed on comment as proposed and: 1) that the Board receive a copy of the letter that accompanied the Student and Employee Codes of Conduct; 2) that contacts be made to ascertain that distribution has occurred; 3) that a follow-up work session be scheduled regarding comments received; 4) that various groups be targeted (i.e., transportation directors, coaches, etc.) for the next phase of promotion and implementation; and, 5) that Mike Hayden, Executive Director of the West Virginia Secondary School Activities Commission, be invited to appear before the Board and provide a report regarding his implementation strategy. Sheila M. Hamilton seconded the motion, and the Board placed Policy 4373 on public comment until November 22, 2002. (Copy appended to Official Minutes, Attachment BB.)

XXXVII. Legal and/or Personnel Matters

President Persinger requested a motion to go into an executive session to discuss a personnel matter and any attorney/client privilege matters deemed necessary.

Upon motion by Sandra M. Chapman, second by Ronald B. Spencer, 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 4:25 p.m. to discuss personnel matters.

XXXVIII. Return from Executive Session

The Board returned from Executive Session at 4:47 p.m. at which time President Persinger announced no action was taken or decisions made.

XXXIX. Future Meetings

Upon motion by Sheila M. Hamilton, second by Sandra M. Chapman, the Board moved its December 2002 meeting to Mingo County.

Upon motion by Barbara N. Fish, second by Howard M. Persinger, Jr., the Board approved the 2003 meeting schedule with the understanding that the October dates may be changed to avoid conflict with the dates of the NASBE annual conference in Baltimore, MD, if necessary. (Copy appended to Official Minutes, Attachment CC.)

The next regular meeting of the West Virginia Board of Education will be held November13-14, 2002 in Gilmer County, West Virginia.

XL. Adjournment

Upon motion by Sheila M. Hamilton, second by Sandra M. Chapman, the Board adjourned at 4:55 p.m.

Minutes approved by the Board on November 14, 2002.

______________________________________________
H. M. Persinger, Jr., President

wvbeminutes10/17/02