State Board Minutes 08-14-03

MINUTES
WEST VIRGINIA BOARD OF EDUCATION

Capitol Building 7, Conference Room C

1900 Kanawha Boulevard, East

Charleston, West Virginia

August 14, 2003

I. Call to Order

President Sandra M. Chapman called the regular meeting of the West Virginia Board of Education to order at 8:39 a.m. on August 14, 2003, in the Gaston Caperton State Training Center, Capitol Building 7, Conference Room C, 1900 Kanawha Boulevard East, Charleston, West Virginia.

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

II. Delegations

President Chapman introduced Timothy Issacs, Educational Testing Service, who briefly addressed the State Board.

Delegate Kelli Sobonya, representing Cabell and Wayne Counties, addressed the State Board regarding Policy 2250.

III. Approval of Agenda

Upon motion by Mr. Persinger, seconded by Ms. Haden, the State Board unanimously approved the agenda with the following modifications: Mrs. Fish requested that the Waivers of State Board of Education Policies and Regulations, Superintendent's Interpretations and State Statutes and Legislative Rules be removed from the Consent Agenda and placed with the WV Pre-K County Collaborative Plans under New Business; Mr. Persinger requested that the amendment to the Mingo County Comprehensive Educational Facilities Plan (CEFP) be removed from the Consent Agenda and placed to immediately follow same; President Chapman requested that the Athletic Trainer Waivers be removed from the Consent Agenda and placed to immediately follow discussion of the amendment of the Mingo County CEFP.

IV. Director's information

Kenna R. Seal, Director of the Office of Education Performance Audits (OEPA), announced, per the personnel item dealing with same, that Teddi Cox has resigned from the OEPA and the position has been posted.

V. Training Manual and Handbook for Education Performance Audits

Dr. Seal presented the Training Manual and Handbook for Education Performance Audits for the State Board's consideration. The manual/handbook was developed for schools and county school systems as a resource in preparing for accreditation reviews. It was also designed to serve as a guide for Team Leaders and Team Members as they conduct on-site reviews of education programs in schools and county school systems and assess compliance with the performance measures and high quality standards adopted by the State Board.

Upon recommendation of Dr. Seal and a motion by Mrs. Fish, seconded by Mr. Spencer, the State Board unanimously approved the Training Manual and Handbook for Education Performance Audits. (Copy appended to Official Minutes, Attachment A.)

VI. Recommendations for Professional Development Based on

Education Performance Audits and Annual Performance Measures

Dr. Seal, in accordance with W.Va. Code 18-2-23a, which requires the State Board to establish goals for professional development in the public schools of the state, presented recommendations for professional development based on an analysis of annual performance data and Education Performance Audits.

Upon recommendation of Dr. Seal and a motion by Mr. Persinger, seconded by Mrs. Hamilton, the State Board unanimously approved the recommendations for professional development. (Copy appended to Official Minutes, Attachment B.)

VII. School Accreditation Summary - Schools Below Performance Standards

Dr. Seal presented the annual School Accreditation Summary which lists schools below the performance standards. Performance data reveal that 34 schools in 19 county school districts failed to achieve the performance standards.

Upon recommendation of Dr. Seal and a motion by Mr. Persinger, seconded by Mr. Spencer, the State Board issued Temporary Accreditation status to 30 of the listed schools and designated four schools as Seriously Impaired. (Copy appended to Official Minutes, Attachment C and addendum.)

VIII. Strategic Plan FY 2004

Dr. Seal presented the Strategic Plan FY 2004 Report which outlined the goals, objectives, and activities of the Office of Education Performance Audits as established by the West Virginia Legislature and the State Board. Mr. Morris distributed follow-up priorities identified by Dr. Seal for 2003-2004 and requested that he expand on the identified priorities.

Upon recommendation of Dr. Seal and a motion by Mr. Persinger, seconded by Ms. Haden, the State Board approved the Strategic Plan for FY 2004. (Copy appended to Official Minutes, Attachment D and addendum.)

IX. Consent Agenda

Upon motion by Mrs. Fish, seconded by Mr. Persinger, the State Board unanimously approved the consent agenda as previously amended. (Copies appended to Official Minutes, Attachments E-I) The following items were approved:

Minutes of July 9 and 10, 2003. (Attachment E.)

Supplemental budget supplement and transfer requests for the month of June 2003 as follows: Total Supplements = $35,534,970 and Total Transfers = $15,418,766. (Attachment F.)

Budget supplement and transfer requests for the month of July 2003 as follows: Total Supplements = $37,526,154 Total Transfers = $25,549,532. (Attachment F.)

An amendment to the Mercer County Board of Education's Comprehensive Educational Facilities Plan to allow for the renovation of the fine arts portion of Bluefield High School (Band Room, Band Office, Choir Room, Auditorium Entrance, Stage and Auditorium and to construct a rear building two-story addition of approximately 5,000 sq. ft). (Attachment G.)

The closures/consolidations/reconfigurations of Harden Elementary School, Van Horn Elementary School, Salem Middle School, and Gore Middle School located in Harrison County. Each of these closures will occur in June 2006 and are identified in the current Harrison County CEFP. In August 2006, students from Harden and Van Horn will attend the newly renovated Salem Elementary School (formerly Salem Middle School), and the students from Salem and Gore Middle Schools will attend a newly consolidated middle school. (Attachment H.)

Personnel items for the Department of Education, Schools for the Deaf and the Blind and the Regional Education Service Agencies. (Attachment I.)

X. Mingo County Comprehensive Educational

Facilities Plan (CEFP)

Jack McClanahan, Assistant State Superintendent, Division of Administrative Services addressed the State Board regarding a proposed amendment to the Mingo County Board of Education's Comprehensive Educational Facilities Plan to include the following:

Burch Attendance Area:

1. Close Varney Grade School and merge Varney Grade K-3 with

Burch Middle School 4th - 6th at the present Burch Middle School

Facility. Burch Middle School will become a K-6 facility.

2. Move Burch Middle School 7th and 8th grade students to Burch

High School 9th -12th at the existing Burch High School. Burch

High School will become a 7-12 facility.

Matewan Attendance Area:

1. Matewan Elementary School will be reconfigured from a PreK-4

facility to a PreK-6 facility with 5th and 6th grade students moving

from Matewan Middle School to Matewan Elementary School.

2. Matewan Middle School will close and become part of Matewan

High School which will be reconfigured to a 7-12 facility.

Williamson Attendance Area:

1. Riverside Elementary School will be reconfigured to a PreK-6 from

a PreK-4 facility.

2. Williamson Middle School will close and the 7th and 8th grade

students will merge with Williamson High School which will be

reconfigured to a 7-12 facility.

Discussion ensued regarding the proposed amendment of the CEFP and the county was encouraged to pursue funding through the School Building Authority during the next cycle.

Upon motion by Mr. Persinger, seconded by Mrs. Hamilton, the State Board unanimously approved the amendment. (Copy appended to Official Minutes, Attachment J.)

XI. Athletic Trainer Waivers

Pamela S. Cain, Assistant State Superintendent, Division of Instructional and Student Services, addressed the State Board regarding the reason for the high number of athletic trainer waviers. Rebecca Tinder, General Counsel to the State Board and State Department, addressed the State Board's concern regarding possible liability issues.

Upon motion by Mr. Spencer, second by Mr. Morris, the State Board approved forty-nine (49) athletic trainer waiver requests. (Copy appended to Official Minutes, Attachment K.)

XII. Break

President Chapman called for a break at 10:02 a.m.

XIII. Call to Order

President Chapman called the meeting back to order at 10:17 a.m.

XIV. FY 2005 West Virginia Department of Education Budget

Mike McKown, Executive Director, Office of Internal Operations, Division of Administrative Services, distributed and discussed three options for the West Virginia Department of Education budget for FY 2005. Discussion ensued regarding the technology facet of the budget and that the attachment provided does not completely reflect a return to the 2003 funding level and that no funding was requested by the State Board for the Governor's Honors Academy. A corrected copy was provided State Board members prior to the end of the meeting. (Copy appended to Official Minutes, Attachment L.)

XV. Policy 5050 - West Virginia Commission on Professional

Teaching Standards

Policy 5050 was addressed during the August 13 meeting, as such President Chapman requested a motion to place the policy on public comment for thirty days.

Upon motion by Mr. Spencer, seconded by Mr. Persinger, the State Board placed Policy 5050 on public comment for thirty days. (Copy appended to Official Minutes of August 13, 2003 at Attachment A.)

XVI. Appointments to the West Virginia Commission for Professional

Teaching Standards Board

Dr. McClanahan distributed proposed appointments to the West Virginia Commission for Professional Teaching Standards Board for the State Board's consideration.

Upon motion by Mr. Persinger, seconded by Ms. Haden, the State Board unanimously appointed Michelle Mercer, Susan Lawrence, David Takach, William Raglin, Tim Forth and Van Dempsey to the West Virginia Commission for Professional Teaching Standards Board. (Copy appended to Official Minutes, Attachment M.)

XVII. Policy 4336 - West Virginia School Bus Transportation Policies

and Procedures Manual

Dr. McClanahan presented Policy 4336 for the State Board's consideration. Policy 4336 is being amended in compliance with the recent amendment of W.Va. Code 18-5-13 and to incorporate language pertaining to Policies 5902 (Employee Code of Conduct) and Policy 4373 (Student Code of Conduct). Policy 4336 was placed on comment at the June meeting of the State Board with a comment period ending July 18, 2003. During the comment period it was decided that the policy required additional correction and formatting changes that would require another comment period.

Upon motion by Ms. Haden, seconded by Mr. Persinger, the State Board unanimously withdrew Policy 4336 from public comment and placed the revised version on public comment for thirty days. (Copy appended to Official Minutes of August 13, 2003 at Attachment B.)

XVIII. Resolution - Elimination of Reduced Price

School Meal Fees to Families

Dr. McClanahan presented, and Rick Goff, Assistant Director, Office of Child Nutrition, answered questions regarding a resolution for the elimination of reduced price school meal fees for families whose income falls below 185 percent of the official poverty line for the State Board's consideration. Congress is currently considering amendments to federal child nutrition program statutes as a part of the program's five-year reauthorization process. This resolution urges support for the elimination of reduced-priced meal fees, thereby providing free school meals to children whose family income falls below 185 percent of the official poverty line and allowing county boards of education to claim such meals at the free reimbursement rate.

Upon motion by Mr. Spencer, seconded by Ms. Haden, the State Board unanimously adopted the resolution. (Copy appended to Official Minutes, Attachment Mc.)

XIX. Revision of West Virginia Department of Education's

Employee Handbook for Institutional Education Program

Frank Andrews, Superintendent, Office of Institutional Education Programs, Division of Instructional and Student Services, presented the Department's Employee Handbook for Institutional Education Programs for the State Board's consideration. This employee handbook was last revised in 1996. The proposed revisions to the handbook represent the work of a committee formed in September of 2001 and chaired by the Superintendent of Institutional Education Programs. The committee included broad representation across institutions and was comprised of teachers, administrators, and service personnel. The document was reviewed by the Department's Office of Human Resources and the Department's legal staff. The document was also disseminated for comment to all staff in institutions for approximately two months and to the teacher and service personnel organizations.

Upon motion by Mr. Persinger, seconded by Mr. Morris, the State Board unanimously approved the revised Employee Handbook of the West Virginia Department of Education's Institutional Education Programs. (Copy appended to Official Minutes, Attachment N.)

XX. WV Pre-K County Collaborative Plans

and

Waivers of State Board of Education Policies and Regulations,

Superintendent's Interpretations and State Statutes and Legislative Rules

Pamela S. Cain, Assistant State Superintendent, Division of Instructional and Student Services, Kay Tilton, Director, Early Care and Education Division, West Virginia Department of Health and Human Resources, and Bill Huebner, Director, West Virginia Head Start Collaboration Project presented the West Virginia Pre-K County Collaborative Plans for the State Board's consideration. W.Va. Code 18-5-44 requires that every county school system submit a county plan by June 30, 2003, detailing how Universal Access to High Quality Early Education will be implemented over the next nine years. All 55 counties submitted plans to the Secretary of the West Virginia Department of Health and Human Resources (DHHR) and the Secretary approved all the county plans with provision. The requirements to fulfill those provisions are specified in a cover letter and a county specific response form. Counties are required to submit updates and revisions to the plan by February 27, 2004. Discussion also took place regarding waivers associated with this item.

Upon motion by Mrs. Fish, second by Mr. Persinger, the State Board unanimously approved three (3) requests for waivers of State Board policy. (Copy appended to Official Minutes, Attachment O.)

Upon motion by Mr. Jackson, seconded by Ms. Haden, the State Board unanimously, and in compliance with W.Va. Code 18-5-44, approved the plans as previously approved by the Secretary of DHHR. (Copy appended to Official Minutes, Attachment P.)

XXI. Selection of RESA Committee

President Chapman appointed the following members to the RESA Committee: Board members Mrs. Fish, Chair, Mrs. Cook, and Mr. Spencer; RESA Executive Directors Chuck Nichols, Nick Zervos, and John Hough; and State Superintendent Dr. Stewart.

XXII. Selection of Strategic Planning Committee

President Chapman appointed the following members to the Strategic Planning Committee: Mr. Persinger, Chair, Ms. Haden and Mr. Morris and requested the committee provide a report to the State Board at its September meeting.

XXIII. Selection of Legislative Committee

President Chapman appointed the following members to the Legislative Committee: Mr. Spencer, Chair, Mrs. Cook, Ms. Haden and Mrs. Hamilton.

XXIV. Selection of Public Relations Committee

President Chapman appointed the following members to the Public Relations Committee: Ms. Haden and Mrs. Fish with input from Liza Cordeiro, Executive Director, Office of Public Relations, Superintendent's Office.

XXV. Policy 4350 - Procedures for the Collection, Maintenance and

Disclosure of Student Data

Heather Deskins, Staff Attorney, Office of Legal Services, 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. The policy was placed on comment at the July meeting and as of August 5 one comment had been received.

Upon motion by Mr. Morris, seconded by Mr. Persinger, the State Board unanimously approved Policy 4350 as modified on August 13, 2003. (Copy appended to Official Minutes of August 13, 2003 at Attachment D and addendum.)

XXVI. State Board Member Reports

Mr. Morris distributed Dr. Stewart's priorities for 2003-2004 and asked that Dr. Stewart speak to the identified priorities. (Copy appended to Official Minutes, Attachment Q.)

Mrs. Fish provided a report regarding her and Mr. Jackson's participation in the West Virginia Distance Learning Summit and the work of the P-20 Council.

Ms. Haden provided a report regarding her attendance at the following: Reading Academy, summer History Academy (Project Teach), and the Education Leadership Conference. She also provided information regarding her efforts as coordinator of the state delegation for the Congressional Conference on Civic Education.

Mrs. Hamilton provided an update regarding meeting plans for the State Board's visit to Jefferson County in October and asked that members inform her if they would be interested in visiting the West Virginia Schools for the Deaf and the Blind the day prior to the meeting.

XXVII. Break

President Chapman called for a break for lunch at 11:55 a.m.

XXVIII. Call to Order

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

XXIX. E-Rate Discounts and State Contracts

Brenda Williams, Executive Director, Office of Instructional Technology, Superintendent's Office, provided an update regarding the current status of state contract awards and/or renewals that will affect E-rate discounts and Internet access costs.

XXX. Annual Report

Ms. Cordeiro provided an update regarding the annual report and requested direction regarding printing and dissemination. It was decided that a report for 2003 be completed and placed on the Department's website with 3,000 copies produced for dissemination no later than October 15, 2003.

XXXI. Miscellaneous

Mr. Jackson addressed the assembly and announced that he was resigning from the State Board.

XXXII. Future Meetings

The next regular meeting of the State Board will be held September 10-11, 2003 in Charleston, West Virginia.

XXXIII. Adjournment

Upon motion by Mr. Persinger, seconded by Mrs. Fish, and unanimously carried, the State Board adjourned at 1:12 p.m.

Minutes approved by the State Board on September 18, 2003.

____________________________________________________

Sandra M. Chapman, President

____________________________________________________

Sheila M. Hamilton, Secretary

Minutes were recorded by

Virginia M. Harris

Executive Secretary to

the State Board.

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