MINUTES

WEST VIRGINIA BOARD OF EDUCATION

Board Conference Room

Capitol Building 6, Room 353

1900 Kanawha Boulevard, East

Charleston, West Virginia

February 20, 2003





I.   Call to Order




President H. M. Persinger, Jr., called the meeting of the West Virginia Board of Education to order at 8:31a.m. on February 20, 2003, in the Board Conference Room, Capitol Building 6, Room 353, 1900 Kanawha Boulevard, East, Charleston, West Virginia.


The following members were present: President Persinger, Vice-President Sandra M. Chapman, Secretary Ronald B. Spencer,  Delores W. Cook, Barbara N. Fish, Priscilla M. Haden, Lloyd G. Jackson II, Paul J. Morris, and David Stewart, State Superintendent of Schools.  Members absent were:  Sheila M. Hamilton and J. Michael Mullen, Chancellor, the West Virginia Higher Education Policy Commission.


II. Ceremonial Oath of Office


President Persinger introduced Judge Charles H. Haden II, Chief Judge of the U. S. District Court for Southern West Virginia, who administered the ceremonial Oath of Office to Lloyd G. Jackson II and Priscilla M. Haden.


III. Break


President Persinger called for a break at 8:45 a.m.


IV. Call to Order


President Persinger called the meeting back to order at 8:50 a.m.


V. Point of Order


President Persinger, with the common consent of the State Board, moved William Harris' delegation presentation to precede Recognitions.


William Harris addressed the State Board regarding the proposed science standards.


VI. Recognitions


President Persinger, assisted by State Superintendent Stewart and Beverly Kingery, Coordinator, English/Language Arts, Office of Instructional Services, recognized members of the Reading Cadre for their hard work and dedication.  (List of Honorees appended to Official Minutes, Attachment A.)


President Persinger, asked the State Board's indulgence and moved the "Grammar for All" report to immediately follow the recognition of the Reading Cadre. 


VII. Grammar for All


Beverly Kingery distributed draft posters and provided the State Board an update on the "Grammar for All" initiative.   (Copy appended to Official Minutes, Attachment B.)


VIII. Delegations


Karl D. Fezer, Jody Cunningham, Sue Grace, Courtney Frazier, Mary Lynn Neese, James Bowe, Craig Almquist (attachment), Karl Priest, Keith Carmichael, Charles Pique and Jerry E. Davis II addressed the State Board regarding the proposed science standards.  Donna Phillips addressed the State Board regarding proposed Policy 2515: Uniform Grading System. Buddy Jarrell addressed the State Board regarding the proposed closure of Marsh Fork High School.  (Copy appended to Official Minutes, Attachment C.)


IX. Approval of Agenda


Upon motion by Priscilla M. Haden, second by Delores W. Cook, the State Board unanimously approved the agenda as previously modified by President Persinger and with the following change: Barbara N. Fish requested item B.5., Raleigh County Closures/Consolidations/Reconfigurations, be removed from the Consent Agenda and moved to immediately follow the Consent Agenda.


X. Office of Education Performance Audits

Director's Information


Dr. Kenna R. Seal, Director of the Office of Education Performance Audits, announced that a recognition banquet has been arranged for March 12, 2003 at 6:00 p.m. at Embassy Suites to honor the exemplary schools identified during the 2002-2003 school year.






XI. Multi-County Vocational-Technical Center Accreditation

Status Based on Second Follow-up Education Performance

Audit for the James Rumsey Technical Institute


A random and unannounced Education Performance Audit was conducted at the James Rumsey Technical Institute October 31, 2000.  A Follow-up Education Performance Audit Team returned to the James Rumsey Technical Institute on December 4, 2001 to verify correction of the noncompliance identified during the original Education Performance Audit. 


Upon  recommendation of the Office of Education Performance Audits (OEPA), and motion by Ronald B. Spencer, seconded by Paul J. Morris, the State Board unanimously granted the James Rumsey Technical Institute Full Accreditation status.  (Copy appended to Official Minutes, Attachment D.)


XII. Draft Education Performance Audit for  

Buckhannon-Upshur Intermediate School, Upshur County


An announced on-site review was conducted at Buckhannon-Upshur Intermediate School in Upshur County on January 8, 2003. 


Upon  recommendation of the OEPA, and motion by Priscilla M. Haden, seconded by Delores W. Cook, the State Board unanimously continued Buckhannon-Upshur Intermediate School's Conditional accreditation status and gave the school six months to correct the Education  Performance Audit findings of noncompliance listed in the report.  (Copy appended to Official Minutes, Attachment E.)


XIII. Draft Education Performance Audit for

Big Elm Elementary School, Harrison County


An announced on-site review was conducted at Big Elm Elementary School in Harrison County on January 9 - 10, 2003. 

 

Upon  recommendation of the OEPA, and motion by Ronald B. Spencer, seconded by Paul J. Morris, the State Board unanimously continued Big Elm Elementary School's Conditional  accreditation status and gave the school six months to correct the Education  Performance Audit findings of noncompliance listed in the report.  (Copy appended to Official Minutes, Attachment F.) 

    

XIV. 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.


Upon recommendation of the OEPA, and motion by Barbara N. Fish, seconded by Paul J. Morris, the State Board unanimously approved the plans as listed in Attachment G.  (Copy appended to Official Minutes, Attachment G.)


XV. Updated Unified County Improvement Plans

 

Each county board is required to develop and submit an update to the Unified County Improvement Plan (UCIP) to the West Virginia Office of Education Performance Audits by December 31.  This plan is based on information from the Unified School Improvement Plans, locally identified needs, and school performance data.  The plan specifies strategies for meeting high quality standards and performance measures that have not been met.  The updated plan must be submitted to the State Board for approval.  Office of Education Performance Audits' staff and State Department of Education staff coordinated a review of the 55 Unified County Improvement Plans.  The plans were reviewed to determine that the required components were included and addressed any performance or process deficiencies.


Upon recommendation of the OEPA, and motion by Sandra M. Chapman, seconded by Priscilla M. Haden, the State Board unanimously approved the plans as listed in Attachment H and the addendum.  (Copy appended to Official Minutes, Attachment H and addendum.)


XVI. Policy 2320: A Process for Improving Education -

Performance Based Accreditation System


Policy 2320, A Process for Improving Education - Performance Based Accreditation System, is being revised to include the assessment requirements of the No Child Left Behind Act of 2001.  This policy was put on public comment at the December State Board meeting with the comment period ending January 21, 2003.  Due to further developments in the No Child Left Behind process,  Policy 2320 is being modified to include the accountability requirements of the federal legislation.


Discussion ensued regarding accountability issues at the high school level during the end-of-course test development phase.  An item is to be added to the March work session agenda to further discuss this issue.  Special note: Chancellor Mullen joined the meeting during this presentation.  


Upon motion by Delores W. Cook, second by Paul J. Morris, the State Board unanimously withdrew the previous version of Policy 2320 from public comment and placed a revised version of Policy 2320 on public comment until March 28, 2003.  (Copy appended to Official Minutes, Attachment I.)


XVII. Consent Agenda


Upon motion by Priscilla M. Haden, second by Delores W. Cook, the State Board unanimously approved the consent agenda, as amended.

Minutes


The State Board approved the January 8, 9 and 27, 2003 minutes.  (Attachment J.)



County Boards of Education, RESAs, and Multi-County  Vocational Centers Budget Supplement and Transfer

Requests for the 2002-03 Year



The State Board approved the budget supplement and transfer requests for the month of January 2003 as follows:  Total Supplements = $137,549,404 and Total Transfers = $11,178,921. (Attachment K.)



Boone County Closure/Consolidation



The State Board approved the Boone County Board of Education's request to close/consolidate Nellis Elementary School into Ashford-Rumble Elementary at the conclusion of the 2003-2004 school year and to close/consolidate Sylvester Elementary School into Whitesville Elementary School at the conclusion of the 2002-2003 school year.  (Attachment L.)

  

Fayette County Closure/Consolidation/Reconfiguration



The State Board approved the Fayette County Board of Education's request to close/consolidate Mount Hope Middle School and the transfer of students to Mount Hope High School ,which will be reconfigured to a 5-12 facility, effective at the conclusion of the 2002-2003 school year.  (Attachment M.)


Mingo County Closure/Consolidation/Reconfiguration



The State Board approved the Mingo County Board of Education's request to close/consolidate Cline Grade School and Gilbert Grade School, the reconfiguration of Gilbert Middle School to a K-6 school,  the transfer of the students in grades 5 and 6 to the reconfigured K-6 Gilbert Middle School,  the transfer of students in grades 7 and 8 from Gilbert Middle School to the reconfigured 7-12 Gilbert High School, all effective at the conclusion of the 2003-2004 school year.  (Attachment Mc.)


  Amendment - Tyler County

Comprehensive Educational Facilities Plan (CEFP)



The State Board approved the Tyler County Board of Education's request to amend its CEFP for the conversion of the former vocational building at Tyler County High School into a county-wide Pre-K Center and the relocation of the Agricultural Education Meat Lab.  (Attachment N.)




Amendment - Wayne CountyComprehensive Educational Facilities Plan (CEFP)



The State Board approved the Wayne County Board of Education's request to amend its CEFP for the removal of the attached greenhouse structure at Spring Valley High  School and the enclosure of the space to provide additional square footage for instruction.  (Attachment O.)



Marion County Waiver - Policy 6200



The State Board approved the Marion County Board of Education's request for a waiver to the acreage requirement in Policy 6200 for the new 5-8 middle school to be constructed.  (Attachment P.)


Hampshire County Waiver - Policy 6204



The State Board approved the Hampshire County Board of Education's request for waiver of the deadline requirement in Policy 6204 and established a new deadline of April 4, 2003.  (Attachment Q.)



Putnam County Waiver- Policy 6204


The State Board approved the Putnam County Board of Education's request for waiver of the deadline requirement in Policy 6204 and established a new deadline of April 4, 2003.  (Attachment R.)



Inspection of Schools



The State Board received the a summary of findings, found in Attachment  S, for each of the following Schools:  


   COUNTY     SCHOOL


   Calhoun      Calhoun County Middle/High

   Clay      Clay County Elementary

   Clay Clay County Middle

   Clay      Clay County High    

   Harrison     Nutter Fort Primary/Intermediate

   Marshall     Cameron High

   Marshall     Moundsville Junior High

   Mingo      Matewan Elementary

   Mingo      Riverside Elementary

   Preston     Valley Elementary

   Preston     Aurora School

   Preston   Preston High

   Randolph     Elkins High

   Randolph     Tygarts Valley High  


Personnel


The State Board approved the State Department of Education, RESAs and Schools for the Deaf and the Blind  personnel as listed in the attachment.  (Attachment T.)



Waivers of State Board of Education Policies andRegulations, Superintendent's Interpretations and

State Statutes and Legislative Rules


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


Waiver of Principal Leadership Academy Attendance



The State Board approved three (3) waiver requests for Part I of the 2002-2003 Principal Leadership Academy and two (2) waiver requests for both the December 2002 and Summer 2003 Principal Leadership Academies.  (Attachment V.)


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

After Five Days Prior to Starting Instruction



The State Board acknowledged receipt of the notifications from Monroe and Wetzel County Schools.  (Attachment W.)

Employment of Substitute Professionals in Areas of Critical Need



The State Board approved the policy as submitted by Mason County Schools.  (Attachment X.)



Agreement Between West Virginia Schools for the Deaf andthe Blind and Greenbrier Audiology & Hearing Aid Services


The State Board approved the agreement.  (Attachment Y.)


XVIII. Raleigh County Closures/Consolidations/Reconfigurations



Jack McClananhan addressed the State Board regarding the proposed Raleigh County closures/consolidations/reconfigurations.  Dr. Charlotte Hutchins, Superintendent of Raleigh County Schools also addressed the State Board and answered questions posed by members regarding transportation time.

The Raleigh County Board of Education requested the closure of Beaver Elementary School and the transfer of students to Daniels Elementary School at the conclusion of the 2002-03 school year; the closure of Institute Elementary and Central Elementary Schools and the transfer of students to the new Beckley Elementary School at the conclusion of the 2002-2003 school year; and the closure of Marsh Fork High School and the transfer of students in grades 7 and 8 to Trap Hill Middle School and the transfer of students in grades 9-12 to Liberty High School to be effective at the conclusion of the 2002-2003 school year. 



Upon motion by Barbara N. Fish, second by Paul J. Morris, the State Board unanimously approved the Raleigh County closures, consolidations and reconfigurations. (Copy appended to Official Minutes, Attachment Z.)


XIX. Break


President Persinger called for a break at 11:20 a.m.


XX. Call to Order


President Persinger called the meeting back to order at 11:40 a.m.

        


XXI. Policy 2417 - English Language Proficiency Standards of Learning (Pre-K-12)


Amelia Courts, Executive Director, International Schools and English as a Second Language, Division of Instructional and Student Services, presented Policy 2417 for the State Board's consideration.  In accordance with Title III of the No Child Left Behind Act of 2001, limited English proficient students must be provided full educational parity with their peers.  The first step toward achieving this goal is the development of English Language Proficiency (ELP) standards.  ELP standards are distinct because they explicitly focus on the learning needs of the wide range of limited English proficient (LEP) students from pre-kindergarten through twelfth grade who come from widely diverse cultural, linguistic, and education backgrounds and are at  different stages of English language acquisition.  Unlike other content standards, they take into account the critical role of language learning in the achievement of content and specially focus on the learning styles and instructional needs of LEP students. 


Upon motion by Barbara N. Fish, second by Sandra M. Chapman, the State Board unanimously placed Policy 2417 on public comment until March 25, 2003.  (Copy appended to Official Minutes, Attachment AA.)



XXII. Notice, Request, and Instruction to Vendors

Instructional Materials


Steve McBride, Executive Director, School Improvement/Instructional Materials, Division of Instructional and Student Services, presented the 2003 Notice, Request, and Instructions to Vendors of Instructional Materials (the Call) for the State Board's consideration.  W.Va. Code 18-2A-2, requires a written request be issued to vendors for bids, samples, and prices of textbooks, instructional materials, and learning technologies.  The 2003 Call is limited to the required materials and programs in the area of Social Studies, K-12.  Approval of the 2003 Call initiates the sequence of activities that must be completed to provide the Official State Multiple List of Instructional Materials to counties by December 2003.


Upon motion by Sandra M. Chapman, second by Paul J. Morris, the State Board unanimously approved the 2003 Call.  (Copy appended to Official Minutes, Attachment BB.)


XXIII. Appointment of Monitor for Enslow Middle School 


Steve McBride, Executive Director, School Improvement/Instructional Materials, Division of Instructional and Student Services, addressed the Board regarding the appointment of a monitor for Enslow Middle School  


Enslow Middle School was designated as a seriously impaired school at the December 13, 2001 meeting of the State Board because the school had been on conditional accreditation status and failed to achieve full accreditation by the specified Date Certain.  Subsequently, Enslow Middle School failed to meet Standard 4.2  Student Attendance, by the new Date Certain of June 30, 2002. W.Va. Code 18-2E-5(j)(C)(i) states when a seriously impaired school does not correct the impairment by the date certain as set by the State Board, "the state board shall appoint a monitor who shall be paid at county expense to cause improvements to be made at the school to bring it to full accreditation status within a  reasonable time period as determined by the state board."


Upon motion by Priscilla M. Haden, second by Sandra M. Chapman, the State Board unanimously approved Dale McVicker as the Monitor for Enslow Middle School for the remainder of the current school year.


XXIV.    2003 State Plan for Implementation of the

Summer Food Service Program

 

Jack McClanahan, Assistant State Superintendent, Division of Administrative Services, presented the 2003 State Plan for Implementation of the Summer Food Service Program for the State Board's consideration.  An executive summary of the State Plan for implementation of the Summer Food Service Program for 2003 is found in the attachment.  In order to meet the February 15, 2003 deadline, a draft plan was submitted to the United States Department of Agriculture.


Upon motion by Paul J. Morris, second by Delores W. Cook, the State Board unanimously approved the 2003 State Plan for Implementation of the Summer Food Service Program.  (Copy appended to Official Minutes, Attachment CC.)


XXV. Policy 2520.3 - Science Content Standards and Objectives for

West Virginia Schools


Upon motion by Sandra M. Chapman, second by Priscilla M. Haden, the State Board unanimously approved Policy 2520.3 with the deletion of the second paragraph from the text of numbered page one as follows:  


In order to achieve scientific literacy, all students will understand that the acquisition of knowledge and the scientific process are continuous.  This involves measuring, experimenting, open-ended investigating, and hypothesis testing.  The development, refinement and critical analysis of scientific theories will provide all learners a better understanding of natural phenomena.


Barbara N. Fish asked that the following question and response be made part of the record:  Do the science content standards allow for an objective approach to teaching and learning of origins of science?   Deborah Brown, Executive Director, Office of Instructional Services, responded in the affirmative.  (Copy appended to Official Minutes, Attachment DD.)


XXVI. Break


President Persinger called for a lunch break at 12:15 p.m.  Special note:  Chancellor Mullen left the meeting during the break.


XXVII. Call to Order


President Persinger called the meeting back to order at 12:47 p.m.


XXVIII. Policy 2520.1 - Reading and English Language Arts  Content


Standards and Objectives for West Virginia Schools

Policy 2520.2 - Mathematics Content Standards and Objectives

for West Virginia Schools

Policy 2520.4 - Social Studies Content Standards and Objectives

for West Virginia Schools



Deborah Brown, Executive Director, Office of Instructional Services, presented Policies  2520.1, 2520.2, and 2520.4 for the State Board's consideration.  The policies were placed on public comment at the November 2002 State Board meeting and remained on comment through January 10, 2003.  In November, the policies had been revised to reflect five performance levels as well as to respond to changes made during work on the assessment.  Few comments were received during the comment period.  As noted in the executive summaries, there were minor changes made in response to comments.



Upon motion by Delores W. Cook, second by Paul J. Morris, the State Board unanimously approved Policies 2520.1, 2520.2 and 2520.4.  (Copy appended to Official Minutes, Attachment EE.)


XXIX. Policy 2515 - Uniform Grading System



Steven L. Paine, Deputy Superintendent, presented Policy 2515 for the State Board's consideration.  Policy 2515 was placed on public comment at the October 17, 2002 State Board meeting through November 22, 2002.  It was withdrawn from the comment period, revised, then placed back on public comment at the December 12, 2002 State Board meeting through January 17, 2003.  Upon careful review of comments received, no changes to the policy were recommended.


Paul J. Morris moved and Delores W. Cook seconded that the policy be approved. Following a lengthy discussion that included the history behind the development of this policy, ongoing concerns regarding the need for such a policy, and specific concerns within the policy at items 3.2, 4.2, 4.3 and 4.4, the motion was unanimously defeated.

Specific policy concerns were addressed by the common consent of the Board as follows: item 3.2 was approved to remain, item 4.2 required modification and provisos added for testing and transition; item 4.3 was removed; item 4.4 was renamed 4.3.  The State Department was given discretion to reformat the policy as necessary and Priscilla M. Haden requested that a news article be released as quickly as possible regarding the amendments and new comment period.



Upon motion by Paul J. Morris, second by Priscilla M. Haden, the State Board unanimously removed the policy from public comment and placed the policy, as amended, on public comment for thirty (30) days.  (Copy appended to Official Minutes, Attachment FF.)



XXX. Recommendations for 2003-04 - Additional West Virginia

Goals and Objectives for Professional Development



Karen Larry, Executive Assistant to the State Superintendent, presented the additional goals and objectives for professional development for the State Board's consideration.  W.Va. Code 18-2-23a says "the state board annually shall establish goals for professional staff development in the public schools of the state."  At the January 9, 2003 Board meeting, Gail Looney, Executive Director, Center for Professional Development, and Pamela S. Cain, Assistant State Superintendent, Division of Instructional and Student Services, presented recommended West Virginia Goals and Objectives for Professional Development for 2003-04.  The Board approved the goals and objectives presented with the understanding additional goals and objectives would be forthcoming.

    

Upon motion by Barbara N. Fish, second by Sandra M. Chapman, the State Board  unanimously approved the additional goals and objectives as submitted.  (Copy appended to Official Minutes, Attachment GG.)



XXXI. Instructional Materials Depository



Gib Brown with The James and Law Company presented the annual report of activities for the State Board's information.  In October 1992, the West Virginia Board of Education awarded to The James & Law Company of Clarksburg the right to operate as the State Instructional Materials Depository as provided in W.Va. Code 18-2A-7.  As a provision of that agreement, the State Board requested The James & Law Company submit an annual report of activities as related to Instructional Materials adopted by the West Virginia public schools. 


Upon motion by Delores W. Cook, second by Ronald B. Spencer, the State Board unanimously accepted the report. (Copy appended to Official Minutes, Attachment HH. )



XXXII. Distance Learning



Brenda Williams, Executive Director, Office of Instructional Technology, provided the State Board an update regarding the distance learning initiative. (Copy appended to Official Minutes, Attachment II.)



XXXIII. Legislative Update


Steven L. Paine provided the State Board an update regarding the legislative session and the status of a number of education related bills.



XXXIV. 2003 Meeting/Travel Schedule



President Persinger presented a modified travel schedule for 2003 for the State Board's consideration.  Following discussion, the travel schedule was amended as follows:   May meeting was moved from Preston to Hancock County; July meeting may take place at Marshall University with the Governor's Honors Academy; September meeting was moved to Charleston; October meeting was moved to Jefferson County; November meeting was moved from Wood County to Charleston; and, December meeting was moved from Upshur County to Charleston.

President Persinger also requested that Mike McKown, Executive Director, Office of Internal Operations, be invited to provide a presentation at the March meeting.


Upon motion by Priscilla M. Haden, second by Sandra M. Chapman, the State Board unanimously approved the travel schedule as amended.  (Copy appended to Official Minutes, Attachment JJ.)



XXXV. Future Meetings



The next regular meeting of the State Board will be March 12 and 13, 2003 in Charleston.


 


President Persinger, at the request of Lloyd G. Jackson II, directed State Superintendent Stewart to bring the State Department's purchasing policy, revised to include emergency rules, to the State Board for action in March.


XXXVI. Adjournment



Upon motion by Paul J. Morris, second by Priscilla M. Haden , and unanimously carried, the State Board adjourned at 3:24 p.m.


                                                      Minutes approved by the State Board on March 13, 2003.





                                      ___________________________________________________

                            H. M. Persinger, Jr., President