MINUTES

WEST VIRGINIA BOARD OF EDUCATION

Board Conference Room

Capitol Building 6, Room 353

1900 Kanawha Boulevard, East

Charleston, West Virginia

August 21, 2003

I.   Call to Order

President Sandra M. Chapman (via telephone) called an emergency meeting of the West Virginia Board of Education to order  at 11:10 a.m. on August 21, 2003, in the Board Conference Room, Capitol Building 6, Room 353, 1900 Kanawha Boulevard East, Charleston, West Virginia.

The following members were present:  Secretary Barbara N. Fish (via telephone),  Delores W. Cook (via telephone), Priscilla M. Haden (via telephone), Paul J. Morris (via telephone), Howard M. Persinger, Jr. (via telephone), Ronald B. Spencer  (via telephone) and ex officios David Stewart, State Superintendent of Schools, and J. Michael Mullen (via telephone), Chancellor, the West Virginia Higher Education Policy Commission. 

II. Approval of Agenda

Upon motion by Mr. Persinger, seconded by Mr. Spencer, the State Board unanimously approved the agenda as presented.

III. Executive Session

Mr. Persinger moved, and Ms. Haden seconded, that the State Board go into executive session as provided in W.Va. Code 6-9A-3 (attorney-client privilege) and 6-9A-4(b)(2)(A) (personnel exception) to discuss a disciplinary matter involving an employee of the State Board.  The State Board entered into executive session at 11:11 a.m.

IV. Return from Executive Session

The State Board returned from executive session at 11:46 a.m. at which time President Chapman announced that no decisions had been made or action taken.

Mr. Persinger moved, and Mrs. Fish seconded, that the Executive Director of Regional Education Service Agency (RESA) II be suspended without pay pending an investigation into inappropriate conduct.

Mr. Persinger moved that the State Board delegate to the State Superintendent the authority to name an individual to manage RESA II while an investigation is undertaken and once the investigation is completed that the State Board meet, in regular or emergency session, to act upon the findings.  Mr. Spencer seconded the motion.   Mrs. Fish interjected a point of order in that the motion appeared to include two separate motions requiring separate action.  Mr. Persinger agreed to amend his motion to separate the motion into two items.  Mr. Spencer agreed to the amendment.

Mr. Persinger moved that the State Board delegate to the State Superintendent the authority to name an individual to manage RESA II while an investigation is completed.  Mrs. Fish seconded the motion and it was carried unanimously.

Mr. Persinger moved that the State Board, once the investigation is complete, meet in regular or emergency session to act upon said findings.  Mr. Morris seconded the motion and it was carried unanimously.

V. Future Meetings

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

VI. Adjournment

Upon motion by Mr. Persinger, seconded by Ms. Haden, the State Board adjourned at 11:52 a.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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