State Board Minutes 04-17-03

MINUTESWEST VIRGINIA BOARD OF EDUCATION

Monroe County Schools Board Office

P. O. Box 330

Willow Bend Road

Union, West Virginia

April 17, 2003

I. Call to Order

President H. M. Persinger Jr., called the meeting of the West Virginia Board of Education to order at 8:34 a.m. on April 17, 2003, in the Board Meeting Room at the Monroe County Board of Education, Union, West Virginia.

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

II. Welcome and Introductions

Lyn Guy, Superintendent of Monroe County Schools, welcomed the State Board to Monroe County and introduced her staff.

III. Approval of Agenda

Upon motion by Priscilla M. Haden, second by Sheila M. Hamilton, the State Board unanimously approved the agenda.

IV. Draft Education Performance Audit for

Spanishburg School, Mercer County

An announced on-site review was conducted at Spanishburg School in Mercer County on March 26, 2003. The Office of Education Performance Audits (OEPA) 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 a resource evaluation.

Upon recommendation of the OEPA, a motion by Delores W. Cook and second by Sandra M. Chapman, the State Board unanimously continued Spanishburg 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 A.)

V. Draft Education Performance Audit for

Montcalm High School, Mercer County

An announced on-site review was conducted at Montcalm High School in Mercer County on March 25, 2003. The OEPA 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 a resource evaluation.

Upon recommendation of the OEPA, a motion by Barbara N. Fish and second by Paul J. Morris, the State Board unanimously continued Montcalm High 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.)

VI. Draft Education Performance Audit for

Stratton Elementary School, Raleigh County

An announced on-site review was conducted at Stratton Elementary School in Raleigh County on March 27, 2003. The OEPA 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 a resource evaluation.

Upon recommendation of the OEPA, a motion by Priscilla M. Haden and second by Paul J. Morris, the State Board unanimously continued Stratton 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 C.)

VII. 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 primarily to include the assessment requirements of the No Child Left Behind Act of 2001. Discussion ensued regarding various sections of the policy. Items of significance included: safety of students, accountability, grammar, and the reporting of information in the "Report Card." It was requested that the language found on page 35 at 126-13-18, "hereby adopts" be changed to "has adopted."

Upon motion by Barbara N. Fish, second by Sandra M. Chapman, the State Board unanimously approved Policy 2320, as amended, and with additional editorial and clarification language as submitted by State Board members. (Copy appended to Official Minutes, Attachment D.)

VIII. Superintendent's Information

State Superintendent Stewart requested that Rebecca Tinder, General Counsel to the State Board and the Department, address the Board regarding the State Superintendent's authority relating to the school calendar. Attorney Tinder reported that, due to a recent change in W.Va. Code, the State Superintendent no longer has the authority to adjust the school calendar. The State Board indicated that they desired efforts to continue to increase meaningful instructional time.

IX. Break

President Persinger called for a break at 9:44 a.m.

X. Call to Order

President Persinger called the meeting back to order at 9:49 a.m.

XI. Consent Agenda

Upon motion by Sandra M. Chapman, second by Priscilla M. Haden, the State Board unanimously approved the consent agenda. (Copies appended to Official Minutes, Attachments E-M and addendum.)

Minutes

The State Board approved the March 12 and 13 minutes. (Attachment E.)

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 March 2003 as follows: Total Supplements = $31,803,404 and Total Transfers = $15,670,446. (Attachment F.)

Hampshire County Closure/Consolidation

The State Board approved the Hampshire County Board of Education request to close/consolidate Grassy Lick Elementary School into Augusta Elementary and Romney Elementary Schools at the conclusion of the 2002-2003 school year. (Attachment G and addendum.)

McDowell County Closure/Consolidation

The State Board approved the McDowell County closure of: Big Creek High School (grades 9-12 will attend proposed new high school at existing Bradshaw Elementary site); Iaeger High School (grades 9-12 students will attend proposed new high school at existing Bradshaw Elementary site); Berwind Elementary (grades PK-8 students will attend the proposed new elementary/middle school at existing War Annex site); War Elementary (grades PK-8 students will attend proposed new elementary/middle school at existing War Annex site); Bartley Elementary (grades 68 students will attend proposed new elementary/ middle school at existing War Annex site and grades PK-5 students will attend the proposed new elementary at a location to later be determined); Bradshaw Elementary (grades PK-5 students will attend the proposed new elementary school at a location to later be determined); Iaeger Elementary (grades PK-5 students will attend proposed new Iaeger Elementary at existing Iaeger Elementary site) to be effective no sooner than June 30, 2006, then as the new facilities are completed; and to close/consolidate Panther Elementary School with the students attending Iaeger Elementary School effective June 30, 2003. (Attachment H.)

Office of School Facilities - Inspection of Schools

The State Board accepted the summary of the findings for each of the following schools as found in Attachment I.

COUNTY SCHOOL

Berkeley Eagle School Intermediate

Berkeley Martinsburg High

Berkeley Musselman High

Berkeley Orchard View Intermediate

Braxton Braxton Count Middle

Cabell Cabell Midland High

Cabell Central City Elementary

Cabell Guyandotte Elementary

Cabell Village of Barboursville Elementary

Jackson Ripley High

Lewis Lewis County High

Lewis Peterson-Central Elementary

Lincoln West Hamlin Elementary

Marion Blackshere Elementary

Morgan Warm Springs Middle

Morgan Berkeley Springs High

Wirt Wirt County Primary Center

Personnel

The State Board approved personnel items for the Department of Education and Schools for the Deaf and the Blind. (Attachment J and addendum.)

Waivers of State Board of Education Policies and Regulations,

Superintendent's Interpretations and State Statutes and Legislative Rules

The State Board approved one (1) request for the continuation of a waiver of instructional material adoption. (Attachment K.)

Summer School

The State Board approved thirty-five (35) county applications representing summer school at seventy-seven (77) county locations. (Attachment L.)

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

After Five Days Prior to Starting Instruction

The State Board accepted the notification from Harrison County Schools. (Attachment M.)

XII. Additional Introductions

President Persinger introduced a number of individuals from McDowell County Schools including: Mike Mitchem, President and Mike Callaway, Member, McDowell County Board of Education, Mark Manchin, Superintendent, Suzette Cook and Peggy Freeman, Assistant Superintendents, and Jeff Nash, Director of Facilities. Sandra M. Chapman recognized Joe Myers. Mr. Myers contacted Ms. Chapman a couple years ago regarding the problem of poor grammar. Liza Corderio, Executive Director, Communications Office, recognized members of the press covering the meeting. President Persinger also recognized the following individuals in attendance from Hampshire County Schools: David Friend, Superintendent, Paula O'Brien, Assistant Superintendent, Dale Hayes, Finance Director, and Geraldine Keith, Executive Secretary.

XIII. Modification to Agenda

President Persinger, with the common consent of the State Board, moved Item E under Reports to immediately follow the Consent Agenda.

XIV. Report - 2003 Legislative Session Summary

Steven L. Paine, Deputy State Superintendent of Schools, distributed a summary of enrolled bills from the 2003 Legislative session. He then introduced Mike McKown, Executive Director, Office of Internal Operations, Division of Administrative Services, who distributed information and provided an account comparison between the 2003 and 2004 budget. Nancy Walker, Executive Director, West Virginia Education Information System (WVEIS), addressed the State Board regarding the impact of budget reductions to WVEIS. Brenda Williams, Executive Director, Office of Instructional Technology (OTIS), distributed information and addressed the State Board regarding the impact of budget reduction to OTIS and K-12 educational technology programs. Kenna R. Seal addressed the State Board regarding the impact of budget reductions to the OEPA. It was requested that Cathy Jones, Coordinator, Early Childhood/Even Start, Division of Instructional and Student Services, address the State Board at the May meeting regarding the status of Pre-K programs. (Copy appended to Official Minutes, Attachment Mc.)

XV. Break

President Persinger called for a break for lunch at 12:30 p.m.

XVI. Call to Order

President Persinger called the meeting back to order at 12:45 p.m. and thanked Ms. Yost and the Pro-Start class for the wonderful meal.

XVII. Report - 2003 Legislative Session Summary (Continued)

Discussion continued regarding budget reductions. President Persinger appointed a committee consisting of Ronald B. Spencer as Chair, and Priscilla M. Haden and Lloyd G. Jackson II, to formulate a plan to request reinstatement of funding. President Persinger agreed to serve as an ex officio member to this committee. Sandra M. Chapman suggested the committee work with Liza Corderio and the Communications Office as appropriate.

XVIII. Approval of One New Content Specialization for

One Higher Education Institution of Professional Preparation

Jack McClanahan, Assistant State Superintendent, Division of Administrative Services, presented the Appalachian Bible College's program for the State Board's approval. Policy 5100 - Approval of Education Personnel Preparation Programs requires the Program Review Board to meet each semester to review new content specializations and make recommendations to the West Virginia Board of Education for action. The Program Review Board met on March 18, 2003 and recommended Appalachian Bible College's Elementary Education (Grades K-6) program for approval. The program will be effective July 1, 2003.

Upon motion by Barbara N. Fish, second by Paul J. Morris, the State Board unanimously approved the Appalachian Bible College's Elementary Education (Grades K-6) program.

XIX. Appointments of Penny Fisher and Sally Digman

to the Program Review Board

Jack McClanahan recommended Penny Fisher and Sally Digman for appointment to the Program Review Board. Policy 5100 - Approval of Educational Personnel Programs requires that all vacancies on the Program Review Board be filled as quickly as possible. Program Review Board members are initially appointed for a three-year term with the option to review their membership for a second term. According to Policy 5100, the terms of the initial Board members "shall be staggered to promote continuity in the Board's members." Jeff Smith and Lynn Adkins, two original members, are currently serving their fifth year of the Program Review Board. Jeff Smith is the public school administrator representative and Lynn Adkins represents higher education's private institutions. In order to stagger the initial Board members' terms, Penny Fisher was recommended to replace Jeff Smith and Sally Digman was recommended to replace Lynn Adkins. Penny Fisher is currently the principal of Winfield Middle School in Putnam County. Sally Digman is the Division of Education Chairperson at Alderson-Broaddus College in Philippi.

Barbara N. Fish asked clarification regarding obsolete language in the policy naming the groups that made the recommendations. Dr. McClanahan responded that the policy is now on public comment and the language will be corrected.

Upon motion by Priscilla M. Haden, second by Sandra M. Chapman, the State Board unanimously appointed Penny Fisher and Sally Digman to the Program Review Board.

XX. West Virginia Secondary Schools Activities Commission (WVSSAC)

127CSR3 - Provisions Governing Contests

Rebecca Tinder, General Counsel to the State Board and the Department, on behalf of the West Virginia Secondary School Activities Commission, presented W.Va. 127CSR3, Provisions Governing Contests, for the State Board's consideration. WVSSAC Series 3 is being revised to: 1) bring baseball, softball and volleyball into line with all other sports so people will know the exact number of contests in which they can participate; and 2) allow a player to participate in a portion of a Junior Varsity and Varsity game for up to five quarters in one day.

Upon motion by Lloyd G. Jackson II, second by Paul J. Morris , the State Board unanimously placed WVSSAC 127CSR3 on public comment until May 21, 2003. (Copy appended to Official Minutes, Attachment N.)

XXI. Policy 2340 - West Virginia Measures

of Academic Progress Program

Barbara N. Fish recognized Department members for their superlative efforts with regard to the requirements of the No Child Left Behind Act of 2001.

Jan Barth, Executive Director, Office of Student Assessment, Division of Instructional and Student Services, presented Policy 2340 for the State Board's consideration. Policy 2340 is being revised to include new language that complies with state guidelines, federal requirements and recommended revisions by the Assessment Revision Committee of approximately 60 West Virginia educators and stakeholders.

Discussion ensued regarding testing dates for 2004, confidentiality, and test security and penalties for violators.

Upon motion by Paul J. Morris, second by Priscilla M. Haden, the State Board unanimously placed Policy 2340 on public comment until May 30, 2003. (Copy appended to Official Minutes, Attachment O.)

XXII. Policy 2520.8 - Driver Education Content Standards and

Objectives for West Virginia Schools

Deborah Brown, Executive Director, Office of Instructional Services, presented Policy 2520.8 for the State Board's consideration. The current revision reflects the change to the new content standards, objectives and performance descriptors format and also establishes a separate policy for driver education.

Upon motion by Paul J. Morris, second by Sheila M. Hamilton, the State Board unanimously placed Policy 2520.8 on public comment until May 30, 2003. (Copy appended to Official Minutes, Attachment P.)

XXIII. Carl D. Perkins Vocational and

Technical Education Act Funding Formula

Stanley Hopkins, Assistant State Superintendent, Division of Technical and Adult Education, presented the Carl D. Perkins Vocational and Technical Education Act funding formula for the State Board's consideration. Senate Bill 703 enacted by the 2001Legislature required the redefinition of the funding formula used to allocate the Carl D. Perkins Vocational and Technical Education Act funding between the West Virginia Board of Education and the Higher Education Policy Commission. The attached West Virginia Higher Education Policy Commission procedural rule was negotiated between Department staff and the Vice Chancellor for Community-Technical Colleges. It represents a fair and equitable split of the funds, allowing the colleges, for the first time, to include enrollments in non-credit technical offerings.

This rule was placed on public comment by the West Virginia Higher Education Policy Commission on December 20, 2002. No revisions were made to the rule based upon the two comments that were received. Upon the State Board's approval of the formula, this rule will be filed by the West Virginia Higher Education Policy Commission with the Secretary of State's Office. W.Va. Code 18B-2B-6 requires State Board approval of the formula prior to its implementation on July 1, 2003.

Upon motion by Priscilla M. Haden, second by Barbara N. Fish, the State Board unanimously approved the Perkins formula. (Copy appended to Official Minutes, Attachment Q.)

XXIV. Memorandum of Understanding

Enslow Middle School Monitor

Steve McBride, Executive Director, School Improvement/Instructional Materials, Division of Instructional and Student Services, presented the Memorandum of Understanding for the State Board's consideration. On February 20, 2003 the State Board appointed Dale McVicker to serve as the Monitor for Enslow Middle School. This is in accordance with W.Va. Code 18-2E-5(C)(i) which 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."

The purpose of this Memorandum of Understanding is to delineate the amount of service and payment for the Monitor appointed to serve Enslow Middle School.

Upon motion by Paul J. Morris, second by Delores W. Cook, the State Board unanimously approved the Memorandum of Understanding between the State Board and Cabell County Schools. (Copy appended to Official Minutes, Attachment R.)

XXV. Policy 2520.5 -Health Content Standards