MINUTES - WEST VIRGINIA BOARD OF EDUCATION

Wright Denny Intermediate School

209 West Congress Street

Charles Town, West Virginia

October 9, 2003

I. Call to Order

President Sandra M. Chapman called the regular meeting of the West Virginia Board of Education to order at 8:30 a.m. on October 9, 2003, in the Betty J. Roper Auditorium at Wright Denny Intermediate School, 209 West Congress Street, Charles Town, West Virginia.

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

II. Welcome

Dr. Steven Nichols, Superintendent of Jefferson County Schools, welcomed the State Board to Jefferson County and introduced the Pro-Start class from Jefferson County High School who catered breakfast.

III. Recognition

President Chapman recognized Mr. Persinger for his exemplary service as a member of the State Board.  Mr. Persinger's term expires on November 4, 2003.

IV. Delegations

Randi Hulse, Nurse Supervisor, and Kathy Lloyd, School Nurse, Jefferson County Schools, addressed the State Board regarding Policy 2422.8, Medication Administration.  Paul Burke, resident of Jefferson County, distributed information and addressed the State Board regarding impact fees and the Local Powers Act. (Copy appended to Official Minutes, Attachment A.)

V. Approval of Agenda

President Chapman removed from New Business, Item B. Policy 4336, West Virginia School Bus Transportation Policies and Procedures Manual, moved from the Consent Agenda, Item 6. Personnel, to immediately follow the Consent Agenda, and moved New Business, Item F. Appointment to the West Virginia Secondary School Activities Commission, to be the first item of New Business.  Mr. Spencer removed from the Consent Agenda, under Routine Business, Item 2.  Office of School Facilities - Inspection of Schools for further discussion.  Mrs. Fish removed from the Consent Agenda, under New Business, Item 1.Waivers of State Board of Education Policies and Regulations, Superintendent's Interpretations and State Statutes and Legislative Rules for further discussion.  Mr. Persinger removed from the Consent Agenda, under New Business, Item 2, Senate Bill 227, W.Va. Code 18A-4-7a, Transfer of Teachers After Five Days Prior to Starting Instruction for further discussion.  All items for further discussion were moved to the New Business portion of the agenda.

Upon motion by Mr. Persinger, seconded by Ms. Haden, the State Board unanimously approved the agenda as amended.

VI. School District Approval Status and School Accreditation Status

October 2003 Report of Ratings

Dr. Seal distributed a corrected copy and presented the "School District Approval Status and School Accreditation Status October 2003 Report of Ratings" for the State Board's consideration.  The State Board annually rates both schools and school systems  on the results of information reviewed from the system of education performance audits.

Upon recommendation of Dr. Seal and a motion by Mr. Persinger, seconded by Ms. Haden, the State Board unanimously issued the schools and school systems in West Virginia the accreditation/approval status shown in the Report of Ratings.  (Copy appended to Official Minutes, Attachment B and addendum.)

VII. Second Follow-up Report for the Randolph County School System

Dr. Seal reported that an on-site review of the Randolph County School System was conducted November 27 - 30, 2001 and a Education Performance Audit Team returned to Randolph County November 12 - 14, 2002. A Second Follow-up Education Performance Audit Team returned to Randolph County on September 23, 2003 to verify correction of the noncompliances lingering from the original Education Performance Audit.

Upon recommendation of Dr. Seal and a motion by Mrs. Hamilton, seconded by Mr. Spencer,  the State Board unanimously granted the Randolph County School System Full Approval status, awarded one (1) school Exemplary  Accreditation status, and granted fifteen (15) Randolph County schools Full Accreditation status.  (Copy appended to Official Minutes, Attachment C)

VIII. Disposal of Vacant School Facilities

Jack McClanahan, Assistant State Superintendent, Division of Administrative Services, distributed information and addressed the State Board regarding the disposal of vacant school facilities.  It was requested that an investigative survey be conducted of the county superintendents and Clacy Williams, Executive Director, of the School Building Authority of West Virginia, be invited to speak to this issue at the State Board's November meeting.  (Copy appended to Official Minutes, Attachment D.)

IX. Superintendent's Information

  Dr. Stewart provided information from a Gates Foundation report regarding West Virginia's graduation rate and advanced placement courses.

X. Consent Agenda

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

       Minutes of September 17 and 18, 2003.  (Attachment E.)

Budget supplement and transfer requests for the month of September 2003 as follows: Total Supplements = $28,884,621  Total Transfers = $20,725,147.  (Attachment F.)

An amendment to the Kanawha County Comprehensive Educational Facilities Plan for the relocation of portables as follows:

   St. Albans High and Elkview Middle to Carver Tech. Center - 2 portables   Elkview Middle to Bridge Elementary - 1 portable 

      Elkview Middle to John Adams Middle - 2 portables

   Anne Bailey Elementary to Kenna Elementary - 1 portable

   Elkview Middle to Richmond Elementary - 1 portable

   Anne Bailey Elementary to Nitro Elementary - 1 portable

   Elkview Middle to Sissonville Elementary - 1 portable

   Alban Elementary to McKinley Middle - 2 portables

   St. Albans High to Ruthlawn Elementary - 1 portable

Mason County Board of Education's  request to close Mason Elementary School effective July 1, 2004.  Students from Mason Elementary will be transferred to New Haven Elementary.

An amendment to the Morgan County Board of Education's Comprehensive Educational Facilities Plan to retain Pleasant View Elementary and renovate it as needed.

Received a Digital Divide Survey that is part of the school on-line technology plan.  (Attachment G.)

Received the Medicaid Reimbursement Annual Report.  (Attachment H.)

XI. Personnel

Dr. Stewart addressed questions regarding the personnel items and indicated that future items will contain more in-depth information regarding new hires, raises, and funding sources.  

        Upon motion by Mr. Persinger, seconded by Ms. Haden, the State Board unanimously approved personnel items for the Department of Education, Schools for the Deaf and the Blind and the Regional Education Service Agencies.   (Copy appended to Official Minutes, Attachment I.)

XII. Inspection of Schools

Mr. Spencer questioned the Doddridge County findings.  Upon motion by Mrs. Fish, seconded by Mrs. Hamilton, the State Board unanimously accepted the report. (Copy appended to Official Minutes, Attachment J.)

XIII. Waives of State Board of Education Polices and Regulations,

Superintendent's interpretations and State Statutes and Legislative Rules

Mrs. Fish questioned waiver requests 3, 4, 5 and 6.  Upon motion by Mrs. Fish, seconded by  Ms. Haden, the State Board approved six requests for continuation of waivers of instructional material adoption; one new request for waiver of instructional material adoption; one request for continuation of a waiver of State Board policy; and one new request for a wavier of State Board policy.  (Copy appended to Official Minutes, Attachment K.)

XIV. Transfer of Teachers 

Mr. Persinger questioned whether the requirements of Senate Bill 227, W.Va. Code 18A-4-7a are being followed and requested that the Department develop criteria that counties must meet that defines what is considered to be in the best interests of students and further requested a quarterly summary be provided all members.  Notification of transfers were received from Hampshire, Hancock and Lincoln County Schools.

Upon motion by Mr. Persinger, seconded by Mr. Spencer, the State Board unanimously approved the transfers.   (Copy appended to Official Minutes, Attachment L.)

XV. Break

President Chapman called for a break at 9:57 a.m.

XVI. Call to Order

President Chapman called the meeting back to order at 10:19 a.m.

XVII. Resolution

Mr. Persinger moved and Mrs. Fish seconded that the following resolution be delivered to the West Virginia Legislature, the Executive Branch and the Attorney General's Office.

As the constitutional body charged with the general supervision of the public schools of West Virginia (Article XII, 2) the West Virginia Board of Education hereby declares that (1) it is not and does not intend to become a party to the law suit being urged by the National Education Association against the federal government regarding funding issues for No Child Left Behind and (2) that any such law suit by other agencies of West Virginia state government is ill-advised and not in the best interests of the West Virginia Legislature's constitutional duty to deliver a thorough and efficient education to the children of West Virginia.

The motion was carried unanimously.

XVIII. Appointment to the West Virginia  Secondary School 

Activities Commission (WVSSAC) Review Board

Dr. McClanahan, on behalf of the West Virginia Association of School Administrators,  recommended that Edward T. Toman, Superintendent of Wirt County Schools, be appointed to the WVSSAC Review Board.

Upon motion by Mr. Spencer, seconded by Mrs. Fish, the State Board with five members voting yes and one member, Ms. Haden, voting no, appointed Mr. Toman to the WVSSAC Review Board.

XIX. Policy 5050 - West Virginia Commission for

Professional Teaching Standards

Dr. McClanahan presented Policy 5050 for the State Board's consideration.  At the July 2003 meeting, the State Board gave approval for Policy 5050 to be placed on comment for a 30-day period ending September 26, 2003.  The policy placed on comment includes revisions made to align Policy 5050 with Policies 1340 (Rules of Procedure for Hearings and Appeals) and 5202 (Licensure of Professional/Paraprofessional Personnel).  Revisions were also made to Policy 5050 in response to requests that the membership of the West Virginia Commission for Professional Teaching Standards be expanded to include representation from laypersons.  Additional revisions were made to remove the requirement for quarterly reports to the State Board, allowing the Commission to make reports as needed.  No comments were received during the comment period.

Upon motion by Mrs. Fish, seconded by Ms. Haden, the State Board with five members voting yes and one member, President Chapman, voting no, approved Policy 5050.  Dr. McClanahan was directed to provide a map showing member representation.  (Copy appended to Official Minutes, Attachment M.) 

XX. Policy 2520.4 - Social Studies Content Standards and Objectives

Pamela S. Cain, Assistant State Superintendent, Division of Instructional and Student Support Services, presented Policy 2520.4 for the State Board's consideration.  Revision of the policy is being recommended to add content standards and objectives for high school electives in civics/government, economics, and geography which are required to be offered at each high school.  

Upon motion by Mr. Persinger, seconded by Mrs. Hamilton, the State Board unanimously placed Policy 2520.4 on public comment until November 17, 2003.  (Copy appended to Official Minutes, Attachment Mc.)

XXI. Policy 2444.4 - Issuance of High School Equivalency Diploma

Stan Hopkins, Assistant State Superintendent, Division of Technical and Adult Education, presented Policy 2444.4 for the State Board's consideration.  Policy 2444.4 is being revised to reflect changes in the administration of the General Educational Development (GED) tests, establish new passing scores, define the official dropout date, allow testing under extraordinary circumstances, and to make the policy more "user friendly."

Upon motion by Mr. Persinger, second by Mrs. Fish, the State Board unanimously placed Policy 2444.4 on public comment for thirty days.  (Copy appended to Official Minutes, Attachment N.)

XXII. Appointment to Nutrition Advisory Council

President Chapman re-appointed Paul J. Morris to the Nutrition Advisory Council.

XXIII. State Board Member Reports

President Chapman reported that Clacy Williams will appear before the State Board next month and requested members submit questions and/or concerns to be addressed by Dr. Williams to her in advance of the meeting.  Mrs. Fish distributed and discussed a report from the RESA Committee.  Mr. Persinger distributed and discussed survey results and a homework assignment from the Strategic Planning Committee.  Mr. Spencer provided a report from the Legislative Committee.  Mrs. Fish, Ms. Haden and Liza Cordeiro, Executive Director, Office of Public Relations, Superintendent's Office, provided a report from the Public Relations Committee and presented a draft of the Annual Report.   (Copies appended to Official Minutes, Attachment O.)

XXIV. The West Virginia Schools for the Deaf and the Blind Annual Report

Jane McBride, Superintendent of the West Virginia Schools for the Deaf and the Blind, distributed copies and briefly discussed the annual report.  (Copy appended to Official Minutes, Attachment P.)

XXV. Future Meetings

The next regular meeting of the State Board will be held November 12-13, 2003 in Charleston, West Virginia.

XXVI.      Adjournment

Upon motion by Mr. Persinger, seconded by Mrs. Fish, and unanimously carried, the State Board adjourned at 11:24 a.m.

                         Minutes approved by the State Board on November 13, 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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