MINUTES

WEST VIRGINIA BOARD OF EDUCATION

Board Conference Room

Capitol Building 6, Room 353

1900 Kanawha Boulevard, East

Charleston, West Virginia

March 11, 2004







I.

Call to Order



Vice-President Barbara N. Fish called the regular meeting of the West Virginia Board of Education to order at 8:32 a.m. on March 11, 2004, in the Board Conference Room, Capitol Building 6, Room 353, 1900 Kanawha Boulevard, East, Charleston, West Virginia.



The following members were present: President Chapman (via telephone), Vice-President Barbara N. Fish, Secretary Sheila M. Hamilton, Delores W. Cook, Priscilla M. Haden, Burma Hatfield, Lowell E. Johnson, Paul J. Morris, Ronald B. Spencer and ex officio David Stewart, State Superintendent of Schools. Member absent was ex officio J. Michael Mullen, Chancellor, the West Virginia Higher Education Policy Commission.



II.

Delegations



Bob Seymour, retired Kanawha County Science Supervisor, distributed information and addressed the Board regarding secondary science education. Ann Sammons, School Nurse Coordinator of Raleigh County and Teresa Ryan, School Nurse, Lincoln County, addressed the Board regarding Policy 2422.8 - Medication Administration. (Copy appended to Official Minutes, Attachment A.)



III.

Approval of Agenda



Upon motion by Mr. Morris, seconded by Mrs. Cook, the Board unanimously approved the agenda with the following modifications: Mrs. Fish deferred the recognition portion of the agenda pending the arrival of the honoree, Mrs. Cook requested that New Business item G., Policy 2422.8 - Medication Administration , be moved to the Consent Agenda, and Dr. Johnson requested that New Business item F., Policy 5112 - Athletic Trainers in the Public Schools of West Virginia, be moved to the Consent Agenda.



IV.

Draft Individual School Education Performance Audit Reports

for West Teays Elementary School and Poca Middle School, Putnam County



Kenna R. Seal, Director, Office of Education Performance Audits, reported that announced on-site reviews were conducted at West Teays Elementary School and Poca Middle School in Putnam County on January 21 - 22, 2004. The Office of Education Performance Audits conducted the reviews which were limited in scope to the performance and process standards relative to school and student achievement. The reviews also consisted of resource evaluation.



Upon recommendation of Dr. Seal and a motion by Ms. Haden, seconded by Mr. Spencer, the Board unanimously granted West Teays Elementary School the accreditation status listed in the individual school report 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 B.)



Upon recommendation of Dr. Seal and a motion by Ms. Haden, seconded by Mrs. Hamilton,

the Board unanimously granted Poca Middle School the accreditation status listed in the individual school report 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 B.)



V.

Reports



State Board Member Reports. Ms. Haden reported that she, Mrs. Cook, Ms. Hatfield and Dr. Johnson visited Lincoln County schools in early March.



RESA Committee Report. Mrs. Fish provided a report on behalf of the RESA Committee.

Strategic Planning Committee Report. Mr. Morris distributed information and provided a report on behalf of the Strategic Planning Committee. (Copy appended to Official Minutes, Attachment C.)



Legislative Committee Report. Mr. Spencer asked Steven L. Paine, Deputy State Superintendent of Schools, to provide a report on behalf of the Legislative Committee. Dr. Paine provided information regarding selected bills. Dr. Seal also addressed the Board regarding legislative action.



Public Relations Committee Report. Mrs. Fish provided a report on behalf of the Public Relations Committee. Liza Cordeiro, Executive Director, Communications Office, Office of the State Superintendent, addressed the Board regarding public relations initiatives. Mary Kay Harrison, Executive Director, Office of Child Nutrition, Division of Administrative Services, addressed the Board regarding a nutrition initiative called "Rise and Shine."



Transportation Committee Report. Mrs. Fish requested information of Jack McClanahan, Assistant State Superintendent, Division of Administrative Services, regarding rest time/breaks afforded to bus operators between runs.

Professional Development Committee Report. Mrs. Fish provided a report on behalf of the Professional Development Committee and reported that the Center for Professional Development has approved Phase I of the professional development plan. Gail Looney, Executive Director, Center for Professional Development also addressed the Board regarding professional development.



Upon motion by Mrs. Cook, seconded by Ms. Haden, the Board approved the 2004-2005 West Virginia Professional Development Plan, Phase I.



Wellness Committee Report. Mrs. Hamilton distributed a document entitled "Coordinated School Health Program," provided a report on behalf of the Wellness Committee and requested that comments regarding the document be directed to Melanie Purkey, Executive Director, Office of Student Services and Health Promotion, Division of Instructional and Student Services, or the Board's executive secretary. President Chapman appointed Mrs. Hamilton as the Board's representative to "West Virginia - A Vision Shared." (Copy appended to Official Minutes, Attachment D.)

VI.

Break



Vice-President Fish called for a break at 9:35 a.m.



VII.

Call to Order



Vice-President Fish called the meeting back to order at 9:45 a.m.



VIII.

Consent Agenda

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

minutes of February 10 and 11, 2004. (Attachment E.)



budget supplement and transfer requests for the month of February 2004 as follows: total supplements = $177,223,757 and total transfers = $14,657,355. (Attachment F.)



amendment of the Barbour County Comprehensive Educational Facilities Plan (CEFP) to include the following at Junior Elementary School: 1) addition of a classroom for a computer laboratory, 2) addition of fencing for the playground used by pre-school students to meet the new Child Care Center Licensing Regulations, and 3) installation of a mechanically controlled entry system to enhance safety and security.



amendment of the Lincoln County CEFP to include the following: 1) immediate closure of the Griffithsville Elementary building and the construction of two 10-classroom relocatable units at Duval High School for temporary use; 2) closure of Midway Elementary and Griffithsville Elementary Schools in the current Duval attendance area upon completion of a new Pre-k-5 school at a location to be determined; and, 3) the reconfiguration of Duval Pre-k-8 in the Duval attendance area to a Pre-k-5 and a 6-8 Duval Middle School upon the completion of a new elementary and the new high school.



13 additional applications for a total of 1,285 applications for Operation Recognition in connection with Policy 4355. (Attachment G.)



five (5) waiver requests as follows: (a) one (1) request for continuation of a waiver of State Board policy; and, (b) four (4) new requests for waivers of State Board policy. (Attachment H.)



Superintendent's report regarding West Virginia Department of Education Personnel (Attachment I.)



personnel items for the West Virginia Board of Education. (Attachment J.)



Updated Unified County Improvement Plans as listed in the attachment. (Attachment K.)



plans to eliminate a financial deficit for McDowell, Preston, Webster, and Wyoming Counties. (Attachment L.)



Strategic Plan for Institutional Education Programs 2004-2008. (Attachment M.)

West Virginia Schools for the Deaf and the Blind 2004-2005 School Calendar. (Attachment Mc.)



Board's Response to the 2003 Annual Report of the West Virginia Advisory Council for the Education of Exceptional Students. (Attachment N.)



report regarding WESTEST cut scores by subject and grade level for 2003-2004 Baseline Data Year. (Attachment O.)



the removal of the previous version of Policy 2422.8 from public comment and placement the new version on public comment for thirty days. (Attachment P.)



the placement of Policy 5112 on public comment for thirty days. (Attachment Q and addendum.)



IX.

School Improvement Update

Lydia McCue, Executive Assistant to the State Superintendent, and Steve McBride, Executive Director, Office of School Improvement, provided an update regarding the mission, goals, issues and concerns of the State Superintendent's Office of School Improvement.



X.

Recognition



Vice-President Fish introduced Tom Long, Superintendent of Pleasants County Schools, Debbie Thompson, President of the Pleasants County Board of Education, and Craig Hicks and Nathan Pybus, students at St. Marys High School.



Mrs. Fish, on behalf of the Board, recognized Mr. Hicks who, during a bus ride on Tuesday, March 2, saved the life of Mr. Pybus by administering the Heimlich Maneuver.



XI.

Improvement Consultant Team for Atenville Elementary School



Atenville Elementary School was designated as Seriously Impaired during the February 2004 meeting of the West Virginia Board of Education. In compliance with W.Va. Code 18-2E-5(j)(5)(B), Mr. McBride recommended that William Grizzell, Superintendent, Lincoln County Schools; Donna Martin, Assistant Superintendent, Lincoln County Schools; Doug Smith, Director, Special Education, Lincoln County Schools; Jeff Huffman, Administrative Assistant, Lincoln County Schools; Dee Cockrille, School Improvement Specialist, RESA II; and Rose Kessinger, Assistant Director, Partnership Development, West Virginia Department of Education, be appointed as the improvement consultant team for Atenville Elementary.



Upon motion by Ms. Haden, seconded by Mr. Morris, the Board unanimously approved the team as recommended.



XII.

County Collaborative Plans for WV Pre-k



Cathy Jones, Coordinator, Division of Instructional and Student Services, distributed a copy of the county collaborative plans, as approved by the Secretary of the West Virginia Department of Health and Human Services, for the Board's consideration. In accordance with W.Va. Code 18-5-44, each county must submit a County Collaborative plan for pre-kindergarten to the Secretary of the West Virginia Department of Health and Human Resources and the West Virginia Board of Education for approval. The law forbids counties from increasing the total number of students in the county's pre-kindergarten programs and/or receiving funds to implement pre-kindergarten programs unless the county has an approved County Collaborative plan.





Upon motion by Dr. Johnson, seconded by Mrs. Hamilton, the Board unanimously approved the plans. (Copy appended to Official Minutes, Attachment R.)



XIII.

Soft Drink Sales and Marketing in Schools



Mary Kay Harrison, Executive Director, Office of Child Nutrition, Division of Administrative Services, provided a report regarding soft drink sales during the instructional day in West Virginia schools. The report was based on a survey of county superintendents and a review of selected contracts between soft drink distributors and schools. The report revealed that 31 counties have approved soft drink sales during the instructional day, while limited oversight of procurement procedures and compliance monitoring exist. As requested by the State Board, the report also addressed marketing practices and incentives expressed in existing contacts and agreements, and the effect such practices may have on students' consumption of soft drinks and other beverages.



Upon motion by Ms. Haden, seconded by Mr. Morris, the Board unanimously accepted the report. (Copy appended to Official Minutes, Attachment S.)



XIV.

Special Address



Jerry Mezzatesta, Member of the West Virginia House of Delegates and Chairman of the House Education Committee, addressed the Board regarding H.B. 4001.



XV.

Policy 2417 - Programs of Study for

Limited English Proficient (LEP) Students



Amelia Courts, Coordinator, Division of Instructional and Student Services, presented Policy 2417 for the Board's consideration. In accordance with Title III requirements, Policy 2417 was revised so that an annual, standards-based assessment of LEP students' English Language Proficiency could be implemented statewide. In order to promote successful achievement results, appropriate instructional and programmatic support requirements were recommended. Most of the support systems are required by federal policy. In addition, based on teacher feedback, a committee has reviewed the standards and indicators, previously approved under Policy 2417, and recommended minor revisions. The policy was placed on public comment through February 19, 2004 and no comments were received.



Upon motion by Mr. Spencer, seconded by Mrs. Cook, the Board unanimously approved Policy 2417. (Copy appended to Official Minutes, Attachment T.)



XVI.

Policy 2419 - Regulations for the Education of Exceptional Students



Kathy Knighton, Coordinator, Division of Instructional and Student Services, presented Policy 2419 for the Board's consideration. The proposed revisions to Policy 2419 reflect changes required by the United States Department of Education, Office of Special Education and Rehabilitative Services, to demonstrate that West Virginia meets all of eligibility requirements of Section 612(a) of the IDEA.



Upon motion by Ms. Haden, seconded by Mrs. Hamilton, the Board unanimously placed the affected portions of Policy 2419 on public comment for thirty days. (Copy appended to Official Minutes, Attachment U.)



XVII.

Delegation of Authority - Lincoln County



Rebecca Tinder, General Counsel to the Board and the Department, requested a motion, pursuant to W.Va. Code 18-2E-5(e)(4)(C)(iv)(I) and (II), to delegate to the State Superintendent the authority to replace administrators and principals in low performing schools and to transfer them to alternate professional positions within the county and to delegate to the State Superintendent the authority to fill positions of administrators and principals with individuals determined by the State Superintendent to be the most qualified for the positions.



Upon motion by Mr. Morris, seconded by Mrs. Cook, the Board pursuant to W.Va. Code 18-2E-5(e)(4)(C)(iv)(I)and (II), unanimously delegated to the State Superintendent the authority to replace administrators and principals in low performing schools and to transfer them to alternate professional positions within the county and delegated to the State Superintendent the authority to fill positions of administrator and principals with individuals determined by the State Superintendent to be the most qualified for the positions.



XVIII.

Break



Vice-President Fish called for a break at 11:10 a.m.



XIX.

Call to Order



Vice-President Fish called the meeting back to order at 11:21 a.m.



XX.

Executive Session



Upon motion by Mrs. Cook, seconded by Ms. Haden, the Board voted to go into executive session, as provided in W.Va. Code 6-9A-4(b)(2)(A), to discuss personnel matters. The Board entered into executive session at 11:25 a.m.



XXI.

Return from Executive Session

The Board returned from executive session at 11:50 a.m. at which time Vice-President Fish announced that no decisions had been made or action taken.



Vice-President Fish asked Mrs. Cook, Ms. Hatfield, and Dr. Johnson to accompany Dr. Seal to meet with Delegate Mezzatesta following the meeting to address his concerns



XXII.

Future Meetings

The next regular meeting of the Board will be held April 14-15, 2004 in Marshall County, West Virginia.



XXIII.

Adjournment



Upon motion by Mr. Spencer, seconded by Ms. Haden, and unanimously carried, the Board adjourned at 11:51 a.m.



Minutes approved by the Board on April 15, 2004.





______________________________________________

Sandra M. Chapman, President







______________________________________________

Sheila M. Hamilton, Secretary





Minutes were recorded by

Virginia M. Harris

Executive Secretary to

the Board.

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