MINUTESWEST VIRGINIA BOARD OF EDUCATION

Board Conference Room

Capitol Building 6, Room 353

1900 Kanawha Boulevard, East

Charleston, West Virginia

March 13, 2003

I.   Call to Order

President H. M. Persinger Jr., called the meeting of the West Virginia Board of Education to order at 8:30 a.m. on March 13, 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 (via telephone), Priscilla M. Haden, Sheila M. Hamilton, Lloyd G. Jackson II, Paul J. Morris, David Stewart, State Superintendent of  Schools and  J. Michael Mullen, Chancellor, the West Virginia Higher Education Policy Commission.

II. Ceremonial Oath of Office

State Superintendent Stewart administered the ceremonial Oath of Office to Sheila M. Hamilton.  Following the ceremony President Persinger presented Mrs. Hamilton with a token of the State Board's appreciation for her past and future service as a member of the State Board.

III. Recognition

Mary Kay Harrison introduced, and President Persinger recognized, Alice Chapman, cook at Ansted Middle School in Fayette County, recipient of the American Food Service Association Heart of the Program award for the current school year.  This is the highest national award for school food service employees.  Ms. Chapman was recognized for improving students' potential for school achievement by improved access to the breakfast program.

IV. Delegations

Linda Martin with Challenge West Virginia distributed information and addressed the State Board regarding the community and school board connection. (Copy appended to Official Minutes, Attachment A-1.)

Jeanne Gren, teacher at Woodburn Elementary in Monongalia County and 2002 West Virginia Teacher of the Year,  distributed a letter and addressed the State Board regarding testing and the loss of instructional time.  (Copy appended to Official Minutes, Attachment A-2.)  Special note: Barbara N. Fish departed the meeting during Ms. Gren's presentation.

Thomas C. Hatcher, Mayor of the City of War, addressed the State Board and distributed information regarding a proposed alternative to the McDowell County comprehensive educational facilities plan. (Copy appended to Official Minutes, Attachment A-3.)

V. Approval of Agenda

State Superintendent Stewart requested the following modifications to the consent agenda:  at item A.  Approval of Minutes, remove from page 5 of the February 20 minutes the item pertaining to the Pleasants County Comprehensive Educational Facilities Plan; on page 12 under item XXXIV.  2003 Meeting/Travel Schedule, in the second sentence following the colon change the month of April to May; at item C.  New Business, add number 7.  Proposals Recommended for 3% Statewide Project Funds of the School  Building Authority of West Virginia.  The latter addition was as a result of the West Virginia Legislature's action on Saturday, March 9, 2003, outlining the amount of funds available.

Upon motion by Paul J. Morris, second by Sheila M. Hamilton, the State Board unanimously approved the amendments to the Consent Agenda.

Lloyd G. Jackson II requested that item C-4.  Employment of Substitute Professionals in Areas of Critical Need be removed from the Consent Agenda for discussion.

Priscilla M. Haden requested that item C-7.  Proposals Recommended for 3% Statewide Project Funds of the School  Building Authority of West Virginia be removed from the Consent Agenda for discussion.  

Upon motion by Sandra M. Chapman, second by Delores W. Cook, the State Board unanimously approved the agenda as amended.

VI. Draft Education Performance Audit for

Buffalo Elementary School, Logan County

An announced on-site review was conducted at Buffalo Elementary School in Logan County on March 5, 2003.   The Office of Education Performance Audits conducted the review which was limited in scope to the performance and process standards relative to school and student achievement.  The review also consisted of resource evaluation.

Upon recommendation of the OEPA, a motion by Ronald B. Spencer, seconded by Paul J. Morris, the State Board unanimously continued Buffalo Elementary School's Conditional Accreditation status  and gave the school six (6) months to correct the Education Performance Audit findings of noncompliance listed in the report.  (Copy appended to Official Minutes, Attachment B.)

VII. County Plan to Eliminate a Financial Deficit: Approval of

Submitted Plan for Hampshire and Marshall Counties

W.Va. Code 18-2E-5 and Section 12.6 of Policy 2320, A Process for Improving Education: Performance Based Accreditation System, indicate that a county board having more than a casual deficit shall submit a plan to the State Board specifying strategies for eliminating the casual deficit.  According to the Code and Policy, the State Board  shall either approve or reject the plan.   The statutory requirements are being fulfilled by Hampshire and Marshall Counties.

Upon recommendation of the OEPA, a motion by Priscilla M. Haden, seconded by Sheila M. Hamilton, the State Board unanimously approved the plans specifying strategies for eliminating the casual deficits for Hampshire and Marshall Counties.  (Copy appended to Official Minutes, Attachment C and addendum.)

VIII. Superintendent's Information

State Superintendent Stewart distributed a report entitled "Preserving Principles of Public Education in an Online World" by the Center on Education Policy.  (Copy appended to Official Minutes, Attachment D.)

IX. Consent Agenda

Upon motion by Sandra M. Chapman, second by Delores W. Cook, the State Board unanimously approved the consent agenda, as previously amended, which included the following matters.  (Copies appended to Official Minutes, Attachments E-Mc and addendum.)

Minutes

The State Board approved the February 19 and 20 minutes as amended.  (Attachment E and addendum.)

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 February 2003 as follows:  Total Supplements = $178,589,391 and Total Transfers = $5,041,720.  (Attachment F.)

Amendment - Randolph County Comprehensive

Educational Facilities Plan (CEFP)

The State Board approved the Randolph County Board of Education's request to amend its CEFP to provide for the addition of two classrooms, an auxiliary gymnasium (including dressing rooms and ADA accessible shower/toilet rooms), and to make additional ADA improvements in two classrooms at Tygarts Valley Middle/High School.  (Attachment G.)

Office of Healthy Schools

The State Board accepted a report from the Office of Healthy Schools.  (Attachment H.)

Personnel

The State Board approved personnel items for the Department of Education and RESA 6.  (Attachment I.)

Waivers of State Board of Education Policies and Regulations,

Superintendent's Interpretations and State Statutes and Legislative Rules

The State Board approved  five (5) requests for continuation of waivers of instructional materials adoption; two  requests for new waivers of instructional materials; and one (1) request for a waiver of State Board policy.  (Attachment J.)

Policy 4355 - High School Diplomas for Veterans

  The State Board recognized the receipt of 13 additional applications for Operation Recognition in connection with Policy 4355:  High School Diplomas for Veterans.  (Attachment K.)

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

After Five Days Prior to Starting Instruction

The State Board accepted the notifications from Wood and Raleigh County Schools.  (Attachment L.)

Approval of the 2003-2004 School Calendar for the

West Virginia Schools for the Deaf and the Blind

The State Board approved the 2003-2004 school calendar for the West Virginia Schools for the Deaf and the Blind.  (Attachment M.)

Request from the Hampshire County Parks and Recreation Commission

The State Board approved the request of the Hampshire County Parks and Recreation Commission to use approximately 4.5 acres located at the northwest corner of the school's property at the east end of Valley Street for organized sports activities through the end of the current calendar year.  (Attachment Mc.)

X. Employment of Substitute Professionals in Areas of Critical Need

Rebecca Tinder, General Counsel to the State Board and the Department, addressed the State Board regarding the policies submitted by Cabell and Fayette County Schools and stated that both policies met the statutory requirements.

Lloyd G. Jackson II asked about the criteria used to approve the policies.  Discussion ensued regarding the need for additional clarification regarding the implementation of the law and the intent of the legislation.  

Priscilla M. Haden moved that counties determine their need in asking for approval of such a policy.  The motion failed for the lack of a second.

State Superintendent Stewart requested that the State Board approve the current policies and  direct the Department to develop a system that will scrutinize future submissions.

Upon motion by Lloyd G. Jackson II, second by Ronald B. Spencer, the State Board approved the policies as submitted and directed the Department to develop a system to scrutinize future submissions.  (Copy appended to Official Minutes, Attachment N.)

XI. Proposals Recommended for 3% Statewide Project Funds of

the School Building Authority of West Virginia

Jack McClanahan, Assistant State Superintendent, Division of Administrative Services, addressed the State Board regarding the proposals recommended for funding.

Upon motion by Priscilla M. Haden, second by Sheila M. Hamilton, the State Board unanimously approved the recommended proposals. (Copy appended to Official Minutes, Attachment O.)

XII. Break

President Persinger called for a break at 9:50 a.m.

XIII. Call to Order

President Persinger called the meeting back to order at 10:05 a.m.

XIV. Approval of Administrative Procedure for Performance 

Evaluation of School Personnel (Policy 5310)

Tony Smedley, Executive Director, Office of Human Resources, recommended the Administrative Procedures for the implementation of Policy 5310 from all fifty-five counties to the State Board for approval.  The Administrative Procedures were reviewed by Department staff and all fifty-five county procedures included orientation meetings, personnel who will conduct observations and evaluations, time frames for completing evaluations, the process for sharing the results of observations and evaluations and the improvement plan.

Upon motion by Priscilla M. Haden, second by Paul J. Morris, the State Board approved the Administrative Procedures for evaluating personnel for all fifty-five (55) counties.

XV. Improvement Consultant Recommendations for

Gilbert, Huntington, and Oak Hill High Schools

Steve McBride Executive Director, School Improvement/Instructional Materials, Division of Instructional and Student Services, presented the improvement consultant recommendations for the State Board's consideration.  Gilbert, Huntington, and Oak Hill High Schools were designated as Seriously Impaired at the December, 2002 meeting of the State Board.  Policy 2320 states:  "Whenever a school is seriously impaired, 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."  At the January, 2003 meeting the State Board appointed Improvement Consultant Teams to make recommendations for Gilbert, Huntington, and Oak Hill High Schools.

Upon motion by Sandra M. Chapman, second by Delores W. Cook, the State Board unanimously approved the recommendations.   (Copy appended to Official Minutes, Attachment P.)

XVI. Policy 5202 - Minimum Requirements for the Licensure of

Professional/Paraprofessional Personnel and

Advanced Salary Classifications

Jack McClanahan presented Policy 5202 for the State Board's consideration.  The passage of federal legislation titled "No Child Left Behind" required the revision of Policy 5202.  Definitions of a highly qualified teacher and paraprofessional were included to reflect the new law.  In addition, the language from new state legislation regarding teacher shortages and moving expenses was inserted.

New guidelines were also written to address certification changes in areas of shortage (special education and speech assistant).  The revised policy reflects the necessary editing to insert new Praxis test scores and certification descriptions.  The revised policy also updates terminology.

Upon motion by Sheila M. Hamilton, second by Paul J. Morris, the State Board unanimously  placed Policy 5202 on public comment until April 15, 2003.  (Copy appended to Official Minutes, Attachment Q.)  Special note: Lloyd G. Jackson II and Chancellor Mullen left the meeting prior to the vote.

XVII. Policy 5100 - Approval of Education Personnel Preparation Programs

Jack McClanahan presented Policy 5100 for the State Board's consideration.  Educators in West Virginia have worked the past three years to develop new standards for teacher preparation in the State of West Virginia.  The West Virginia Impact Project supported the development of Professional Preparation standards in the following areas:  Conceptual Foundations for Teaching and Learning, Professional Teachers, School Leadership and Support Services.  In addition, accreditation standards were also identified for colleges and universities to use in their on-site program accreditation visits.  Policy 5100 has been revised to reflect these standards and guidelines.  New definitions, changes in Praxis scores, and minor editing were included in the policy revisions.

Upon motion by Paul J. Morris, second by Delores W. Cook, the State Board unanimously placed Policy 5100 on public comment until April 15, 2003.  (Copy appended to Official Minutes, Attachment R.)

XVIII. Policy 8210 - Emergency Purchasing Procedures

Jack McClanahan presented Policy 8210 for the State Board's consideration.  This policy provides specific procedures to be followed by the State Board, the State Department, the Office of Education Performance Audits, and the West Virginia Schools for the Deaf and the Blind in purchasing the commodities and services needed to abate a declared emergency by the Governor.  The policy incorporates the emergency procedures issued by the West Virginia Department of Administration.

Upon motion by Sheila M. Hamilton, second by Sandra M. Chapman, the State Board placed Policy 8210 on public comment until April 15, 2003.  (Copy appended to Official Minutes, Attachment S.)

XIX. Policy 2510 - Assuring the Quality of Education:

Regulations for Education Programs

Stanley Hopkins, Assistant State Superintendent, Division of Technical and Adult Education, presented Policy 2510 for the State Board's consideration.  The most recent revision of Policy 2510 inadvertently omitted the elective requirements for grades 9-12 that are in effect until July 1, 2004.  Elective requirements effective after July 1, 2004 are reflected in Chart V of the current policy.  In order to accurately specify current requirements, it was necessary to include them as Chart V(A) and rename the new requirement section Chart V(B).  Policy 2510 was placed on public comment until February 14, 2003 and no comments were received as a result of the comment period.  The adoption of this policy also repeals Policy 2444.01.

Upon motion by Paul J. Morris, second by Priscilla M. Haden, the State Board approved Policy 2510.  (Copy appended to Official Minutes, Attachment T.)

XX. Policy 2520.13 Content Standards and Objectives for

Technical and Adult Education in West Virginia Schools

Stanley Hopkins presented Policy 2520.13 for the State Board's consideration.  The State Board had previously approved Policy 2520.13, Content Standards and Objectives for Technical and Adult Education in West Virginia Schools, to be effective on July 1, 2003.  This amended policy will repeal and replace that  version.  The amended policy contains content standards and  objectives for eighty (80) additional technical courses, revises the content standards and objectives for one technical course, and deletes the content standards and objectives for 19 previously approved technical courses.  Policy 2520.13 was placed on public comment until February 14, 2003 and no comments were received as a result of the comment period.

Upon motion by Sheila M. Hamilton, second by Delores W. Cook, the State Board approved Policy 2520.13.  (Copy appended to Official Minutes, Attachment U.)

XXI. Recommendation for 2003-2004 West Virginia

Professional Staff Development Plan

Karen Larry, Executive Assistant to the State Superintendent, presented a partial 2003-2004 West Virginia Professional State Development Plan for the State Board's consideration.  W.Va. Code 18-2-23a (c) requires that the West Virginia Center for Professional Development (CPD) "design a proposed professional staff development program plan to achieve the goals of the state board and shall submit the proposed plan to the state board for approval as soon as possible following receipt of the state board goals each year."  This  same citation further notes, "The state board shall review the proposed plan and return it to the center for professional development noting whether the proposed plan is approved or is not approved, in whole or in part . . . State board approval is required prior to implementation of the professional staff development plan."

The CPD submitted the partial Plan for Professional Development for June 1, 2003 through May 31, 2004 addressing the goals and objectives approved January 9, 2003 by the State Board. The CPD will submit an addendum to this plan at the April 17, 2003 State Board meeting that will address the additional goals and objectives approved by the State Board at its February 20, 2003 meeting.  Special note: Lloyd G. Jackson II rejoined the meeting prior to the vote.

Delores W. Cook moved, and Priscilla M. Haden seconded, approval of the addendum to the plan.   Upon the call for the question Sandra M. Chapman requested that the last two paragraphs above number nine be removed and the word "nurturing" be added at number eleven.

Delores W. Cook and Priscilla M. Haden agreed to amend their motion to include the amendments requested by Sandra M. Chapman.  Upon the call for the question, the State Board unanimously approved the partial 2003-2004 West Virginia Professional Staff Development Plan, as amended, with the understanding that an addendum will be presented at the April State Board meeting.  (Copy appended to Official Minutes, Attachment V.)

XXII. West Virginia Report Cards 2001-2002

Larry White, Coordinator, Data Management, West Virginia Education Information System, in compliance with W.Va. Code 18-2E-4 and State Board  Policy 7300, presented the West Virginia Report Cards 2001-2002, for the State Board's review.   This document contains data by school, county, and state for student and personnel characteristics and educational outcomes.

Lloyd G. Jackson II suggested a county by county comparison section be added to the document.  Discussion ensued regarding the format, readability of the document, need for reporting in adult education programs, career clusters and job availability.  (Copy appended to Official Minutes, Attachment W.)  Special note: Chancellor Mullen rejoined the meeting during the presentation.

XXIII. Break

President Persinger called for a break at 11:30 a.m.

XXIV. Call to Order

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

XXV. Cabell County Career Connections Academy

Stanley Hopkins introduced Bob McClain and Ron Oliver, Cabell County Schools, who, along with several Academy students, presented an overview of the Cabell County Career Connections Academy, its many success, and its implications for other school systems.

Beginning with 2002-2003 school year, the Cabell County school system initiated the Cabell County Career Connections Academy.  The purpose of the Academy is to significantly reduce the dropout and failure rates of middle and high school students countywide.  Using local funds, the Cabell County Board provides staffing and support for the Academy at the Cabell County Career Technology Center.  It was reported that the one-hundred five (105) students enrolled during the first semester of the 2002-2003 school term were very successful.  (Copy appended to Official Minutes, Attachment X.)

XXVI. Compulsory Attendance Laws, Positive Incentives and Tools

Lisa Burton, Coordinator, School Counselors and Character Education, Office of Student Services and Assessment, Division of Instructional and Student Services, provided a report regarding the compulsory attendance laws, positive incentives and tools. 

The Office of Student Services and Assessment provides resources to county attendance directors through professional development and technical assistance in order to improve county/school compliance with compulsory attendance laws, as well as to share statewide some of the "best practices" for improving student attendance.  This report will summarize various initiatives that have taken place or that are planned to support county attendance directors in their efforts to improve attendance. One model that will be shared during this report is the initial impact and evaluation of the Responsible Students Through Positive Behavior Support in relation to improving student attendance, reducing discipline referrals and improving test scores.  (Copy appended to Official Minutes, Attachment Y.)

XXVII. Miscellaneous

President Persinger reminded the State Board of a need for all members to be present for a planned photo session at a future Charleston meeting.

President Persinger charged Sheila M. Hamilton with the responsibility for planning the State Board's visit to Jefferson County.  

President Persinger designated May 14 as the date for State Board training/orientation.  The training/orientation will take the place of the regular work session; no work session will take place in Hancock County.   Steven L. Paine, Deputy State Superintendent, in consultation with President Persinger, will plan the training/orientation program.

Steven L. Paine, at the request of President Persinger, provided an update (attachment) regarding actions of the 2003 Legislature. (Copy appended to Official Minutes, Attachment Z.)

XXVIII. Legal and/or Personnel Matters

President Persinger informed the members as the presiding officer that he had identified various matters that needed to be discussed in Executive Session involving attorney-client privilege, citing W.Va. Code 6-9A-3, and personnel, citing W.Va. Code 6-9A-4(b)(2)(A).

Upon motion by Priscilla M. Haden, second by Paul J. Morris, and carried unanimously, the State Board entered into Executive Session at 12:29 p.m.

XXIX. Return from Executive Session

The State Board returned from Executive Session at 2:15 p.m. at which time President Persinger announced no action was taken and no decisions were made.

XXX. Future Meetings

The next regular meeting of the State Board will be held April 16-17, 2003 in Monroe County, West Virginia.

XXXI. Adjournment

Upon motion by Sandra M. Chapman, second by Priscilla M. Haden, the State Board adjourned at 2:20 p.m.

                                                               Minutes approved by the State Board on April 17, 2003.

                                      _____________________________________________

                                     H. M. Persinger, Jr., President

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