State Board Minutes 06-12-03

MINUTES

WEST VIRGINIA BOARD OF EDUCATION

Board Conference Room

Capitol Building 6, Room 353

1900 Kanawha Boulevard, East

Charleston, West Virginia

June 12, 2003

I. Call to Order

Vice-President Sandra M. Chapman, called the meeting of the West Virginia Board of Education to order at 8:30 a.m. on June 12, 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, 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. Delegations

Kathy Loretta (attachment), Chair of the WV Action for Healthy Kids, distributed information and addressed the State Board regarding the Action for Healthy Kids program. Sue Peros (attachment), President of the West Virginia Association of School Nurses, distributed information and addressed the State Board requesting support for a Nurse Consultant Position at the Department of Education. Bernadette Rush (attachment), Speech Pathologist, Wetzel County Schools, and Constance Breza, West Virginia Speech Language Hearing Association, distributed information and addressed the State Board regarding their opposition to the use of speech assistants in the schools as provided in recently adopted Policy 5202. Carol Smith, President, and Billie Frye, member of the Lincoln County Board of Education, Thomas Ramey, Jr., Lincoln County Chapter of Challenge West Virginia, Karen Sargent (attachment), parent, Lincoln County, Elisabeth Sargent, student, Lincoln County, Delores Lambert, Girls Resiliency Program, and Dr. Shelly Gaines (attachment), Appalachian Women's Leadership Project addressed the State Board in opposition to the proposed consolidation of Lincoln County schools. (Copies appended to Official Minutes, Attachment A.)

III. Break

President Persinger called for a break at 9:25 a.m.

IV. Call to Order

President Persinger called the meeting back to order at 9:40 a.m.

V. Approval of Agenda

Upon motion by Barbara N. Fish, seconded by Delores W. Cook, the State Board unanimously approved the agenda with the following modification: President Persinger withdrew item B.2. Lincoln County Closure/Consolidation from the Consent Agenda and placed it to immediately follow the approval of the agenda.

VI. Lincoln County Closures/Consolidations

Jack McClanahan, Assistant State Superintendent, Division of Administrative Services, addressed the State Board and recommended the closure of Duval High School, Guyan Valley High School, Hamlin High School, Harts High School and the Charles E. Yeager Career Center at the conclusion of the 2005-2006 school year. Dr. McClanahan then yielded the floor to William K. Grizzell, Superintendent of Lincoln County Schools, who addressed the State Board regarding concerns previously issued by the delegations including site selection, flooding, safety, transportation and curriculum.

Discussion ensued regarding the State Board's role in closures and consolidations when a county has been taken over by the State Board referencing W.Va. Code 18-5-13, 18-5-13(a) and 18-2E-5. President Persinger questioned Dr. McClanahan as to whether all applicable laws and policies had been adhered to in all decisions pertaining to the closures and consolidations and that any action by the State Board could not be construed as arbitrary or capricious. Dr. McClanahan and Dr. Stewart affirmed that all laws and policies had been strictly followed with regard to the closures and consolidations. Discussion also took place concerning funding (refurbish vs. new construction), transportation (time on buses), and curriculum (number of course offerings in a small school vs. a larger school).

Kellie Talbot, Assistant Attorney General, addressed the State Board regarding the current status of the lawsuit in the Lincoln County takeover. Ms. Talbot advised that no action had been taken by the court and no injunctions had been filed as of today's date.

Upon motion by Sandra M. Chapman, seconded by Priscilla M. Haden, the State Board unanimously approved the closures and consolidations. (Copy appended to Official Minutes, Attachment B and addenda.)

VII. Accreditation Status Based on the Education Performance

Audit of the Jefferson County School System

An announced Education Performance Audit was conducted in the Jefferson County School System. The review also consisted of resource evaluation.

Upon recommendation of the OEPA, a motion by Paul J. Morris and seconded by Sheila M. Hamilton, the State Board unanimously continued the Jefferson County School System's Full Approval status and continued the current accreditation status of the schools as follows: one (1) school Exemplary Accreditation status, eleven (11) schools Full Accreditation status, and one (1) school Conditional Accreditation status. The county and schools have six months to correct findings of noncompliance listed in the report. (Copy appended to Official Minutes, Attachment C.)

Mrs. Hamilton addressed the State Board regarding facility needs in Jefferson County and also recommended that the school system accelerate its pursuit of high quality programs and provide more extensive training in multi-cultural education. It was suggested that the local RESA could assist in the development of programs to assist with multi-cultural issues. Mr. Spencer questioned the fact that 30 coaches were working in the schools who had not undergone proper screening. Dr. Seal indicated that this is a rare occurrence and must be corrected within six months. Ms. Chapman addressed the State Board regarding the process and procedures of the School Building Authority with regard to the funding of school construction projects.

VIII. Draft Education Performance Audit for

Elk Garden School, Mineral County

An announced on-site review was conducted at Elk Garden School in Mineral County on May 2, 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 Priscilla M. Haden and seconded by Sheila M. Hamilton, the State Board unanimously issued Elk Garden School 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 D.)

IX. Draft Education Performance Audit for

East Hardy Early/Middle School, Hardy County

An announced on-site review was conducted at East Hardy Early/Middle School in Hardy County on May 1, 2003. The Office of Education Performance Audits conducted the review which was limited in scope to the performance and process standards relative to the school and student achievement. The review also consisted of resource evaluation.

Upon recommendation of the OEPA, a motion by Sandra M. Chapman and seconded by Ronald B. Spencer, the State Board unanimously issued East Hardy Early/Middle School 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.)

X. School System Approval Status and School Accreditation Status

Based on Follow-up Education Performance Audit of the

Harrison County School System

An on-site review of the Harrison County School System was conducted February 25 - March1, 2002. A Follow-up Education Performance Audit Team returned to Harrison County May19 - 23, 2003 to verify correction of the noncompliances identified during the original on-site review. President Persinger recognized Harrison County Schools' Superintendent Carl Friebel, Jr., who addressed the State Board regarding the progress at Big Elm Elementary. Mrs. Fish asked if program is in place to recognize schools, such as Big Elm Elementary, for their achievements. Steven L. Paine, Deputy State Superintendent, indicated that a task force is working on such a program. Mr. Jackson asked that a formalized plan be provided to the State Board at a future meeting.

Upon recommendation of the OEPA, a motion by Ronald B. Spencer and seconded by Paul J. Morris, the State Board unanimously continued the Harrison County School System's Full Approval status and the current accreditation status of the schools as follows: six (6) schools Exemplary Accreditation status, nineteen (19) schools Full Accreditation status, and one (1) school Conditional Accreditation status. (Copy appended to Official Minutes, Attachment F.)

XI. Consent Agenda

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

Minutes

The State Board approved the May 14 and 15, 2003 minutes. (Attachment G.)

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 May 2003 as follows: Total Supplements = $26,964,694 and Total Transfers = $13,824,644. (Attachment H.)

Amendment - Fayette County Comprehensive

Educational Facilities Plan (CEFP)

The State Board approved the Fayette County Board of Education's request to purchase a 28 X 50 modular trailer with two classrooms and two restrooms. (Attachment I.)

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 J.

COUNTY SCHOOL

Boone Brookview Elementary

Boone Sherman High

Boone Van Junior High Gym addition

Braxton Braxton County High

Brooke Brooke County HS HVAC replacement

Calhoun Calhoun County High

Greenbrier Eastern Greenbrier Junior High

Greenbrier White Sulphur Elementary addition

Hampshire Capon Bridge Elementary

Hampshire Hampshire High

Mason Ashton Elementary

Mercer Princeton Primary

Monongalia Morgantown High

Monongalia University High

Nicholas Panther Creek Elementary

Putnam West Teays Elementary renovation

Ritchie Ritchie County High

Roane Roane County High

Roane Spencer Primary Center addition

Roane Walton Elementary/Middle

Summers Summers County High

Summers Summers County Middle renovation

Webster Webster County High renovation

Wetzel New Martinsville School renovation

Wirt Wirt County High

Wirt Wirt County Middle

Wood Franklin Elementary

Wood Jefferson Elementary

Personnel

The State Board approved personnel items for the Department of Education, RESA VIII and Schools for the Deaf and the Blind. (Attachment K.)

Policy 4355 - High School Diplomas for Veterans

The State Board recognized the receipt of an additional 15 applications for a total of 1,240 applications for Operation Recognition in connection with Policy 4355: High School Diplomas for Veterans. (Attachment L.)

Waivers of Principal Leadership Academy Attendance

The State Board approved the waiver request of Jacqueline Switzer, assistant principal at Hayes Junior High School, for Part Two, of the 2002-2003 Principal Leadership Academy.

Approval of the 2003-2004 School Calendars for the Department'sEducation Programs in State Correctional Institutions,

Regional Jails, Health and Human Service Institutions

and Juvenile Detention Centers

(Institutional Education Programs)

The State Board approved the 2003-2004 school calendars for Institutional Education Programs and granted the Superintendent of Institutional Education Programs the authority to approve minor amendments to the school calendars, as needed, for good cause. (Attachment M.)

Proposed Budgets for the 2003-04 Year - (Action)

The State Board approved the budgets as submitted. (Attachment Mc.)

XII. Break

President Persinger called for a break at 11:10 a.m.

XIII. Call to Order

President Persinger called the meeting back to order at 11:25 a.m.

XIV. Policy 4336 - West Virginia School Transportation Regulations

Jack McClanahan introduced Wayne Clutter, Executive Director, Office of School Transportation, who presented Policy 4336 for the State Board's consideration. The revised policy includes information regarding the student code of conduct, employee code of conduct, and the qualifications of professional employees transporting students in a county owned vehicle with a seating capacity of 10 or less.

Discussion ensued regarding the language and format of the policy, medical requirements, and license revocation.

Upon motion by Barbara N. Fish, seconded by Sheila M. Hamilton, the State Board unanimously placed Policy 4336 on public comment for 30 days. (Copy appended to Official Minutes, Attachment N.)

XV. Policy 2250 - Community Involvement to Complement Education

Rebecca Tinder, General Counsel to the State Board and the Department presented Policy 2250, as revised at the June 11 meeting and with a correction at 3.7 adding a "t" to the word "no", for the State Board's consideration. Policy 2250 will set the requirement for county boards of education to develop formal procedures to evaluate non-school sponsored programs, services, activities and partnerships to determine the appropriateness of permitting them to complement the education provided to students in the district.

Ms. Chapman stated her dissatisfaction with the title of the policy. Ms. Haden stated her dissatisfaction with the method of approval for program approval.

Upon motion by Barbara N. Fish , seconded by Delores W. Cook, the State Board with eight members voting yes, and one member (Sandra M. Chapman) voting no, placed Policy 2250 on public comment for 60 days. (Copy appended to Official Minutes, Attachment O and addendum.)

XVI. Approval of Four New Content Specializations for Three Higher

Education Institutions of Professional Preparation

Jack McClanahan presented four new content specializations for three higher education institutions of professional preparation as recommended by the Program Review Board on May 20, 2003. Policy 5100 - Approval of Educational 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.

Upon motion by Paul J. Morris, seconded by Priscilla M. Haden, the State Board unanimously approved the following programs as recommended by the Program Review Board: Concord College's Educational Leadership (PreK-Adult), West Virginia State College's Journalism (Grades 5-Adult) and Theater (PreK-Adult), and University of Charleston's Wellness (PreK-Adult). The programs will be effective August 1, 2003.

XVII. Approval of An Agreement Between the West Virginia Department

of Education and the West Virginia Department of Health and

Human Resources and Its Service Provider Mountain State

Behavioral Health, LLC, d/b/a, River Park Hospital, LLC

Pamela S. Cain, Assistant State Superintendent, Division of Instructional and Student Services, presented a proposed agreement between the West Virginia Department of Education and the West Virginia Department of Health and Human Resources and its service provider Mountain State Behavioral Health, LLC, d/b/a, River Park Hospital, LLC, for the State Board's consideration. The Office of Institutional Education Programs provides educational services at the Barboursville School, the state's residential institution for seriously emotionally disturbed youth, under W.Va. Code 18-2-13h. Prior to its bankruptcy, the Barboursville School was operated by the Shawnee Hills Mental Health Center. Mountain State Behavioral Health, d/b/a, River Park Hospital, LLC, has replaced Shawnee Hills as the Department of Health and Human Resources' service provider at the Barboursville School. As a result of this change, it became necessary to execute a new agreement for the provision of educational services.

Upon motion by Delores W. Cook, seconded by Barbara N. Fish, the State Board unanimously approved the agreement. (Copy appended to Official Minutes, Attachment P.)

XVIII. Policy 2520.8 - Driver Education Content Standards and

Objectives for Driver Education in West Virginia Schools

Pamela S. Cain presented and distributed a corrected version of Policy 2520.8 for the State Board's consideration. Policy 2520 defines the content standards and objectives (CSOs) for the program of study required by Policy 2510 and establishes a standardized format. A team of distinguished driver education teachers developed the CSOs found in Policy 2520.8 based upon the national standards for driver education. No comments were received as a result of the comment period.

Upon motion by Sandra M. Chapman, seconded by Sheila M. Hamilton, the State Board unanimously approved Policy 2520.8. (Copy appended to Official Minutes, Attachment Q and addendum.)

XIX. Policy 2340 - West Virginia Measures of Academic Progress Program

Jan Barth, Executive Director, Office of Assessment, Division of Instructional and Student Services, presented Policy 2340 for the State Board's consideration. Policy 2340 has been 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. The policy was placed on public comment until May 30, 2003 and one comment was received.

Discussion ensued regarding future testing dates, release/availability of testing results, testing requirements, and the quality of instruction following testing. Mrs. Fish questioned the need for 6.5 and 6.5.1 as the language appeared to be the same as 6.4 and 6.4.1. Dr. Barth responded she would review the language and requested that the State Board approve the policy for adoption with a provision that the language in question be removed if found to be unnecessary. The statewide testing results for this past year will be provided to the State Board in July.

Upon motion by Sandra M. Chapman, seconded by Paul J. Morris, the State Board unanimously approved Policy 2340 subject to correction at 6.5 and 6.5.1 as necessary. (Copy appended to Official Minutes, Attachment R.)

XX. West Virginia Secondary School Activities Commission

(WVSSAC) 127CSR3

Jack McClanahan presented WVSSAC Series 3 for the State Board's consideration. Series 3 was 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. The rule was on public comment until May 21, 2003 and two comments were received.

Discussion ensued regarding the timeline for practice sessions, background checks for coaches and the 2.0 grade point average eligibility requirement.

Upon motion by Paul J. Morris, seconded by Ronald B. Spencer, the State Board unanimously approved WVSSAC Series 3. (Copy appended to Official Minutes, Attachment S.)

XXI. Report of Budget Committee

Ronald B. Spencer, Chair of the Budget Committee, consisting of Mr. Spencer, Priscilla Haden and Lloyd G. Jackson, yielded the floor to Mr. Jackson. Mr. Jackson distributed proposed H.B. 213 for the State Board's information which, if passed, would restore over four million dollars to the Department of Education's budget. State Superintendent Stewart and Chancellor Mullen also provided remarks regarding the bill.

All parties expressed their gratitude to the Governor and others for their efforts with regard to H.B. 213. (Copy appended to Official Minutes, Attachment T.)

XXII. Reports

Annual Report of the West Virginia Advisory Council

for the Education of Exceptional Children

Michael Sullivan, Executive Director and Susan Erwin, Chairperson, West Virginia Council for the Education of Exceptional Children (WVACEEC) introduced members of the council in attendance and distributed and presented the Council's annual report including recommendations for the State Board's consideration

Lloyd G. Jackson II questioned the current and projected funding for IDEA and indicated a need for the WVACEEC and others to address funding concerns to congress. Dr. Braley indicated funding is now at 19% and that work is underway to align IDEA with NCLB. Mr. Jackson and State Superintendent Stewart issued concern that many of the recommendations, while they might agree with them, are cost prohibitive.

The State Board accepted the report and the recommendations under consideration for future response. (Copy appended to Official Minutes, Attachment U and addendum.)

XXIII. Break

President Persinger called for a break for lunch at 12:55 p.m.

XXIV. Call to Order

President Persinger called the meeting back to order at 1:55 p.m.

XXV. Reports (Continued)

State Board Member Reports

Priscilla Haden provided a S.B. 522 Implementation Committee report and indicated that this item may require action on a future agenda.

Barbara N. Fish requested members read the NASBE policy update regarding bullying as well as the policy developed in March.

XXVI. NASBE 2004 Board of Directors Election

Barbara N. Fish moved and Lloyd G. Jackson II seconded that the State Board cast its ballot for Robert Lazard of Indiana for President, Gary Waters of Nevada for President-elect, Keith Johnson of Louisiana for Secretary-Treasurer and Jo Eva Gaines of Rhode Island for Northeastern Area Director. The motion was carried unanimously. (Ballot appended to Official Minutes, Attachment V.)

XXVII. State Board Employee Appraisals

President H. M. Persinger Jr. and Paul J. Morris advised that the appraisal process had been completed and asked State Superintendent Stewart and OEPA Director Seal if they wished to discuss the appraisals in open or closed session. Drs. Stewart and Seal both deferred to the wishes of the State Board. President Persinger also indicated that the session would include attorney-client privileged information pertaining to pending litigation that would require the presence of Rebecca Tinder. Thereupon, Sandra M. Chapman moved, and Sheila M. Hamilton seconded that the State Board go into executive session as provided in W.Va. Code 6-9A-4(b)(2)(A) (personnel exception) and 6-9A-3 (attorney-client privilege). The State Board entered into executive session at 2:05 p.m.

XXVIII. Return from Executive Session

The State Board returned from executive session at 5:40 p.m. at which time President Persinger announced that the appraisal process for the OEPA Director and State Superintendent had been completed. Upon motion by Priscilla M. Haden, seconded by Sandra M. Chapman, the State Board released the following statement regarding the evaluation of the State Superintendent.

The West Virginia Board of Education has completed the evaluation of the State Superintendent and determined that he has performed his duties in a satisfactory manner.

XXIX. Future Meetings

The next regular meeting of the State Board will be held July 9-10, 2003 in Charleston, West Virginia.

XXX. Adjournment

Upon motion by Barbara N. Fish, seconded by Delores W. Cook, the State Board adjourned at 5:45 p.m.

Minutes approved by the State Board on July 10, 2003.

______________________________________________

H. M. Persinger Jr., President