MINUTES
WEST VIRGINIA BOARD OF EDUCATION

Board Conference Room

Capitol Building 6, Room 353

1900 Kanawha Boulevard, East

Charleston, West Virginia

July 10, 2003




I.   Call to Order



President H. M. Persinger, Jr., called the regular meeting of the West Virginia Board of Education for July 10, 2003, to order at 9:00 a.m. 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, Sheila M. Hamilton, Priscilla M. Haden, Lloyd G. Jackson II, Paul J. Morris and ex officios David Stewart, State Superintendent of  Schools and J. Michael Mullen, Chancellor, the West Virginia Higher Education Policy Commission.



II. Delegations



Carl Callison and Deborah Starks with Mountain State Blue Cross Blue Shield distributed information and addressed the State Board to request support of a project entitled "Challenge for Healthier Schools."  Following discussion it was decided that, although proposed Policy 2250, Community Involvement to Complement Education, is not official, the requesting entity must follow the directives set out in the proposed policy .  It was the consensus of the State Board that, until such time as proposed Policy 2250 is approved, programs requesting permission for an entry into public schools will be approved at the discretion of the State Superintendent of Schools.  However, it was the consensus of the State Board that this program is very worthwhile and, with the State Superintendent's approval, could  proceed.


Andrew Schnieder of the American Civil Liberties Union (ACLU)  addressed the State Board regarding the proposed amendment of Policy 4350.  It is the ACLU's position that the policy does not comply with federal law regarding privacy rights in the release of student names, addresses and telephone numbers to U.S. military forces.  (Copy appended to Official Minutes, Attachment A.)


III. Approval of Agenda



Upon motion by Ms. Chapman, seconded by Mrs. Hamilton, the State Board unanimously approved the agenda with the following modification:   Item VIII. A. Policy 4350, under new business, was moved to immediately follow the approval of the agenda.


IV. Policy 4350 - Procedures for the Collection,

Maintenance and Disclosure of Student Data


Heather Deskins, Staff Attorney, Office of Legal Services, Superintendent's Office, presented Policy 4350 for the State Board's consideration.  Policy 4350 is being revised to incorporate changes mandated pursuant to Section 9528 of the Elementary and Secondary Education Act (ESEA) of 1965 (20 U.S.C. 7903), as amended by the No Child Left Behind Act of 2001 (P. L. 107-110), and 10 U.S.C. 503, as amended by Section 544, the National Defense Authorization Act for the Fiscal Year 2002 (P. L. 107-107), which require county boards of education to provide military recruiters, upon request, with the names, addresses and telephone listings of secondary school students unless the parents/guardians have advised the county board of education that they do not want their child's information disclosed without prior written consent under section 30.1 and section 23.  Ms. Deskins addressed concerns issued regarding student privacy rights, the release of student social security numbers and sharing of information among educational institutions.


Mr. Schineder was asked if he was requesting that the State Board to go beyond the federal laws.  He responded that the current interpretation was very narrow and did not give parents a real opportunity to opt out regarding the release of directory information.  Ms. Chapman asked if the policy could be written to allow silence to mean opting out.  Ms. Deskins indicated this would be in conflict with the federal direction but that it could be so written but would be more burdensome to implement.  President Persinger asked if sending each student and parent a letter would cause more burden on schools.  Discussion ensued regarding burdening counties with more paperwork.  


Upon motion by Mr. Morris, seconded by Ms. Chapman, the State Board unanimously placed Policy 4350 on public comment for sixty days.


Discussion ensued regarding a thirty or sixty day comment period in light of the fact that the policy must be in effect prior to the beginning of the new school year.  Mr. Morris and Ms. Chapman agreed to amend the motion to place the policy on public comment for thirty days and the amended motion was carried unanimously.


Ms. Chapman requested that the Department, in the interim, develop language to address the concerns issued during the discussion.  (Copy appended to Official Minutes, Attachment B.)



V. Final Individual School Education Performance Audit Report  

for Arnoldsburg School, Calhoun County


 

Kenna R. Seal, Director of the Office of Education Performance Audits, reported that an on-site review was conducted at Arnoldsburg School in Calhoun County on October 22, 2002, and a draft report of the Team's findings was presented to the State Board at its November 2002 meeting.  A Team returned to Arnoldsburg School June 2, 2003.  The purpose of the return visit was to verify correction of the findings identified during the original Individual School Education Performance Audit.




Upon recommendation of Dr. Seal and a motion by Ms. Haden, seconded by Ms. Chapman, the State Board unanimously continued Arnoldsburg School's Conditional Accreditation until the performance data becomes official and continued the Calhoun County School District's Full Approval status.  (Copy appended to Official Minutes, Attachment C.)



VI. Final Individual School Education Performance Audit Report

     for Birch River Elementary School, Nicholas County 


   

Dr. Seal reported that an on-site review was conducted at Birch River Elementary School in Nicholas County on October 22- 23, 2002, and a draft report of the Team's findings was presented to the State Board at its November 2002 meeting.  A Team returned to Birch River Elementary School June 2, 2003.  The purpose of the return visit was to verify correction of the findings identified during the original Individual School Education Performance Audit.


Discussion ensued regarding the timely collection and reporting of data and follow-up if data is not reported.  Nancy Walker, Executive Director, West Virginia Education Information System, addressed the State Board and indicated that checking occurs at end of the second school month, end of the first semester, and end of the year as well as when demanded by other programs. 

 

Upon recommendation of Dr. Seal and a motion by Mrs. Hamilton,  seconded by Ms. Haden, the State Board unanimously continued Birch River Elementary School's Full Accreditation status and continued the Nicholas County School District's Full Approval status.  (Copy appended to Official Minutes, Attachment D.)



VII. Draft Education Performance Audit for the

Doddridge County School System

   


Dr. Seal reported that an announced Education Performance Audit was conducted in the Doddridge County School System.  The review also consisted of a resource evaluation. 

Upon recommendation of Dr. Seal and a motion by Mr. Morris, seconded by Mrs. Cook, the State Board unanimously continued the Doddridge County School System's Full Approval status and continued  Full Accreditation status for three (3) schools.  The county and schools have six months to correct findings of noncompliance listed in the report.  (Copy appended to Official Minutes, Attachment E.)


Jack McClanahan, Assistant State Superintendent, Division of Administrative Services, addressed the State Board regarding issues that have arisen pertaining to non-certified coaches found during audits and provided a number of avenues to be explored to make sure findings of non-certified coaches in schools are addressed.  The State Board requested that Dr. McClanahan report on this issue at a future meeting.


VIII. Consent Agenda



Upon motion by Mr. Morris, seconded by Ms. Haden, the State Board unanimously approved the consent agenda.  (Copies appended to Official Minutes, Attachments F-J and addendum.)  The following items were approved:



  Minutes of the June 4, 5, 11 and 12, 2003 minutes.  (Attachment F.)



   Budget supplement and transfer requests for the month of June 2003 as follows:  Total Supplements = $67,221,509 and Total Transfers = $34,425,641.  (Attachment G.)


 


   An amendment to the Monongalia County Board of Education's CEFP to include the construction of an approximately 1890 square foot building addition at Mountainview Elementary School to include one classroom, two offices, a multipurpose room, storage space and a restroom to be used solely for Early Head Start Programs.  (Attachment H.)



One (1)  waiver request for the continuation of a waiver of State Board policy.  (Attachment I.)



Personnel items for the Department and Schools for the Deaf and the Blind.   (Attachment J.)




IX. Break

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


X. Call to Order


President Persinger called the meeting back to order at 10:45 a.m.



XI. Approval of Step 7 Plans



Dr. McClanahan presented the Step 7 plans from the 55 county boards of education for the State Board's consideration.  County boards of education are required to submit a plan for the improvement of instructional programs to the State Board for approval prior to expending the funds appropriated by the Legislature under Step 7 of the Public School Support Program. All Step 7 Plans for the 2003-04 year were reviewed by Department staff prior to being recommended for approval.



Upon motion by Ms. Haden, seconded by Mrs. Cook, the State Board unanimously approved the Step 7 Plans submitted by the 55 county boards of education for the 2003-04 year.  (Copy appended to Official Minutes, Attachment K.)



XII. Approval of Marshall University's

Hearing Impairments Program


Dr. McClanahan recommended Marshall University's Hearing Impairments Program for State Board approval.  The experimental program submitted by Marshall University is intended to be three years in length, beginning Fall 2003.


Policy 5100 - Approval of Educational Personnel Preparation Programs, Section 13.1 states that an institution currently operating approved educational personnel preparation programs may seek approval for an experimental personnel preparation program in a teaching area where there is no current West Virginia Board of Education approved specialization leading to West Virginia licensure provided the institution submits a self-study that contains sufficient justification to warrant the new specialization.  The institution is also encouraged to collaborate with the WVDE during the program's initial planning stage.  


Currently, West Virginia does not have an approved program leading to the Deaf and Hard of Hearing certification.  Historically, Western Maryland University and Galludet University have offered programs in West Virginia to assist in meeting West Virginia's need for Deaf and Hard of Hearing teachers.  Both institutions no longer provide this service to West Virginia.


In addition, federal and state laws and regulations including the Individuals with Disabilities Education Act, Senate Bill 300, Senate Bill 409, and West Virginia Board of Education Policy 2419 support the responsibility of public agencies to provide training opportunities for individuals with hearing impairments.  


Upon motion by Mrs. Hamilton, seconded by Ms. Haden, the State Board unanimously approved the experimental program submitted by Marshall University for teacher certification in Deaf and Hard of Hearing.



XIII. Policy 8200 - Purchasing Procedures for

Local Educational Agencies



Dr. McClanahan introduced Joe Panetta, Executive Director, Office of School Finance, Division of Administrative Services, who presented Policy 8200 for the State Board's consideration.  Policy 8200 is being issued to provide specific guidance for county boards of education, regional education service agencies and multi-county vocational centers in purchasing commodities and services needed in their operations.

The policy was on public comment through June 19, 2003 and fourteen comments were received.  A few revisions were made to the policy as of result of the comment period.


Upon motion by Mr. Spencer, seconded by Ms. Chapman, the State Board unanimously approved Policy 8200 as revised.  (Copy appended to Official Minutes, Attachment L.)



XIV. Policy 2520 - Instructional Goals and Objectives for

West Virginia Schools


Pamela S. Cain, Assistant State Superintendent, Division of Instructional and Student Services, requested Policy 2520, as filed December 18, 2001 and effective July 1, 2003, be repealed as it is now obsolete.  Over the past 18 months the master version of Policy 2520 was separated into content specific policies (Policies 2520.1 through 2520.14) that have been approved by the State Board and filed with the Secretary of State's Office as new policies that became effective on July 1, 2003.


Upon motion by Mr. Morris, seconded by Mrs. Fish, the State Board unanimously approved the repeal of Policy 2520 effective midnight June 30, 2003 and with the understanding and directive that nothing in the repeal of the policy shall be interpreted by any school system as not having to comply with the policy prior to its repeal.



XV. School Improvement Update



Dr. Cain reported that No Child Left Behind Act (NCLB) implementation has now moved into phase II.  



Steve McBride, Executive Director, Office of School Improvement/Instructional Materials, provided the State Board an update regarding school improvement initiatives.  RESA directors have been involved and are in full agreement with the plan.  Mrs. Fish requested that identified schools be shared with members as soon as the list is verified.  It was suggested the September State Board meeting be changed to allow members to attend the school improvement session scheduled for September 10. Dr. Cain indicated that a breakfast meeting could be arranged for the State Board with the keynoters and others if so desired.


Mr. Jackson asked that teams be questioned as to:  1) what the State Board, Department and Legislature can do to be of assistance and, 2) what county educators are being required to do today that they feel is not necessary in light of requirements found in NCLB.  It was requested the PowerPoint presentation be placed on the website and kept updated for interested individuals.  (Copy appended to Official Minutes, Attachment M.)


XVI. Break


President Persinger called for a break for lunch at 12:07 p.m.


XVII. Call to Order


President Persinger called the meeting back to order at 12:44 p.m.



XVIII. The Quality of Teacher Preparation in West Virginia



Dr. McClanahan presented a publication entitled The Quality of Teacher Preparation in West Virginia for the State Board's perusal.  

  

Policy 5100 - Approval of Educational Personnel Preparation Programs requires all professional preparation programs in West Virginia to provide data about their programs.  Additionally, Title II of the Higher Education Act requires all states to collect, compile and report data to the United States Office of Education about the quality of teacher education graduates from the teacher preparation institutions in the state.


Published annually, the report contains information about the performance of teacher education program completers from September 1, 2001 - August 31, 2002 on state assessments, institutionally designed performance assessments, field experiences and student teaching.  Additional data describes the 18 institutions in the state that offer teacher preparation programs.  (Copy appended to Official Minutes, Attachment Mc.)



XIX. National Assessment of Education Progress (NAEP) Results Update



Jan Barth, Executive Director, Office of Student Assessment, Division of Instructional and Student Services, distributed information and provided the State Board with an update regarding NAEP results in reading and writing.  (Copy appended to Official Minutes, Attachment N and addendum.)



XX. Stanford Achieve Test-9 (SAT-9) Results Update



Dr. Barth provided the State Board with an update regarding SAT-9 results for 2002-2003.  (Copy appended to Official Minutes, Attachment O.)



XXI. Educational Technology Update

Unlocking Progress in West Virginia's Schools



Brenda Williams, Executive Director, Office of Instructional Technology, Superintendent's Office, provided the State Board an update regarding technology standards and utilization for students, teachers and administrators, tools/staff development for technology section of personnel evaluations found in Policy 5310, enhancing education though technology as required in NCLB (Part II, D), Reinventing Education staff development, virtual school staff development, staff development through the curriculum technology resource center (funding for the center was eliminated), MARCO POLO staff development, technology planning professional development, allocations to counties, and the state leadership conference scheduled for July 22-24 and the West Virginia Distance Learning Summit on July 24 from 9:30 - 4:30 at the Civic Center, Room 105. (Copy appended to Official Minutes, Attachment P.)



XXII. Board Member Reports



Mrs. Fish reminded members that the Center for Professional Development's summer institutes are in session and State Board members are welcome to attend.  She also reminded members that the National Association of State Boards of Education's (NASBE) annual conference, scheduled for October, will take place in Baltimore, MD and asked members to consider attending.  Those wishing to attend the NASBE annual conference should advise the State Board's secretary as soon as possible.  NASBE conference participants will be voting on a policy dealing with low performing schools;  if members have concerns with the policy position statement,they should advise Mrs. Fish or whomever will be the voting delegate at the conference.  Mrs. Fish announced the results of recent NASBE 2004 Board of Direction election results:  2004 President - Bob Lazard (IN); President-Elect - Kim Burningham (UT); Secretary-Treasurer - Keith Johnson (LA); Northeastern Area Director - Jo Eva Gaines (RI); Central Area Director - Paula Spring (MO); Southern Area Director - Dunbar Brooks (MD); and, Western Area Director - Janet Cannon (UT).


Ms. Haden reported that a policy is being developed as a result of Senate Bill 522 that will be submitted to the Department's Office of Legal Services for addition to a future State Board agenda.  She requested and Dr. McClanahan provide an update regarding the status of the transportation policy.  Dr. McClanahan indicated that work is progressing and that it may be ready for placement on the August agenda.


President Persinger distributed and discussed a policymaking handout and NCLB Action Alert from the West Virginia School Boards Association for the State Board's review.  President Persinger also indicated that an op ed piece currently under construction may soon be ready for release and that due to costs and other issues, he did not see any need for an annual report this year.  Following a brief discussion regarding the annual report, President Persinger asked the communication committee to investigate the matter and provide a report at the August State Board meeting.

Mr. Jackson provided a report regarding his attendance at the Southern Regional Education Board meeting and indicated information from the meeting is forthcoming.  (Copy appended to Official Minutes, Attachment Q.)


XXIII. State Board Employee Appraisals


 


Mrs. Cook moved, and Ms. Haden 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) to conduct performance reviews of the Superintendent for the West Virginia Schools for the Deaf and the Blind, Jane McBride, and the Executive Secretary to the State Board, Virginia Harris, and to receive an update on the investigation into the flood litigation.  The State Board entered into executive session at 2:30 p.m.



XXIV. Return from Executive Session



The State Board returned from executive session at 3:20 p.m. at which time President Persinger announced that no action had been taken.



XXV. Election of Officers 2003-2004


President Persinger expressed appreciation for support during his tenure as President.



Mr. Morris nominated Ms. Chapman to the office of President.  Mrs. Fish moved and Ms. Haden seconded that the nominations be closed.  Upon motion by Ms. Haden, seconded by Mrs. Cook, the State Board, by acclamation, elected Ms. Chapman as President.




Mr. Morris nominated Mr. Jackson to the office of Vice-President.  Mr. Spencer moved and Mrs. Cook seconded that the nominations be closed.  Upon motion by Ms. Chapman, seconded by Ms. Haden, the State Board, by acclamation, elected Mr. Jackson as Vice-President.




Mr. Spencer nominated Mrs. Fish to the office of Secretary.  Mrs. Hamilton moved and Ms. Chapman seconded that the nominations be closed.  Upon motion by Mr. Morris, seconded by Mr. Spencer, the State Board, by acclamation, elected Mrs. Fish as Secretary.


XXVI. Future Meetings

 


The next regular meeting of the State Board will be held August 13-14, 2003 in Charleston, West Virginia.





XXVII. Special Presentation



President Chapman, on behalf of the State Board, presented outgoing President Persinger a book entitled, "Unwritten Laws - The Unofficial Rules of Life as Handed Down by Murphy and Other Sages", in appreciation for his exemplary leadership.   


XXVIII. Adjournment



Upon motion by Mr. Spencer, seconded by Ms. Haden, the State Board adjourned at 3:29p.m.


                                                 Minutes approved by the State Board on August 14, 2003.





                              _________________________________________________

     Sandra M. Chapman, President





     __________________________________________________     
Barbara N. Fish, Secretary



Minutes were recorded by

     Virginia M. Harris

Executive Secretary to

      the State Board.

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