MINUTES

WEST VIRGINIA BOARD OF EDUCATION

Marshall County Schools

Moundsville Junior High School

Band Room

223 Tomlinson Avenue

Moundsville, West Virginia

April 15, 2004







I.

Call to Order



President Sandra M. Chapman called the regular meeting of the West Virginia Board of Education to order at 8:38 a.m. on April 15, 2004, in the Band Room at Moundsville Junior High School, 223 Tomblinson Avenue, Moundsville, West Virginia.



The following members were present: President Chapman, 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.

Welcome



David Wood, Superintendent of Marshall County Schools, welcomed the Board, introduced central office staff and school principals and presented a showcase of the Marshall County school system.



III.

Delegations



Ann Sammons, President, West Virginia Association of School Nurses, addressed the Board regarding school nurse law and Policy 2422.8 - Medication Administration.



IV.

Approval of Agenda



Upon motion by Mrs. Fish, seconded by Mrs. Hamilton, the Board unanimously approved the agenda with the following modifications: President Chapman moved from X. New Business, Item F. Policy 2422.8 - Medication Administration, and Item G. Policy 2419 - Regulations for the Education of Exceptional Children, to the Consent Agenda.



V.

Strengthening Student Achievement



Dr. Darrell W. Cummings, Pastor, Bethlehem Apostolic Temple, Wheeling, West Virginia, addressed the Board regarding the strengthening of minority student achievement.

VI.

Draft Education Performance Audit Report for the

Gilmer County School System



Dr. Seal reported that an announced Education Performance Audit, which included an evaluation of resources, was conducted in the Gilmer County School System February 18 - 19, 2004.



Upon recommendation of Dr. Seal and a motion by Ms. Haden, seconded by Mr. Spencer, the Board unanimously granted the Gilmer County School System, as well as the schools in Gilmer County, the accreditation status listed in the report and gave the school system and schools six months to correct the Education Performance Audit findings of noncompliance listed in the report. (Copy appended to Official Minutes, Attachment A.)



VII.

Draft Multi-County Vocational-Technical Center Accreditation

Status Based on the Education Performance Audit for the

Fred W. Eberle Technical Center



Dr. Seal reported that an announced Education Performance Audit was conducted at the Fred W. Eberle Technical Center in Upshur County on March 11, 2004.



Discussion ensued regarding the lack of county coordination with regard to the school calendar for the three counties involved and the loss of instructional days. Mr. Spencer moved, and Ms. Haden seconded, that Dr. Seal issue a letter to the affected counties directing closer coordination when developing the school calendar.



Upon recommendation of Dr. Seal and a motion by Mrs. Hamilton, seconded by Mrs. Cook, the Board unanimously granted the Fred W. Eberle Technical Center Full Accreditation status. (Copy appended to Official Minutes, Attachment B.)

VIII.

Draft Individual School Education Performance Audit Report

for Calhoun County Middle/High School, Calhoun County



Dr. Seal reported that an announced on-site review, which included an evaluation of resources, was conducted at Calhoun County Middle/High School in Calhoun County on February 18, 2004. The Office of Education Performance Audits conducted the review which was limited in scope to the performance and process standards relative to school and student achievement.



Upon recommendation of Dr. Seal and a motion by Mr. Morris, seconded by Ms. Haden, the Board unanimously granted Calhoun County Middle/High 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 C.)



IX.

Draft Individual School Education Performance Audit Reports for

Roanoke Elementary School and Lewis County High School, Lewis County



Dr. Seal reported that announced on-site reviews, which included an evaluation of resources, were conducted at Roanoke Elementary School and Lewis County High School in Lewis County on March 11, 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.



Upon recommendation of Dr. Seal and a motion by Mrs. Cook, seconded by Mrs. Hamilton, the Board unanimously granted Roanoke Elementary School and Lewis County High School the accreditation status listed in the individual school reports and gave the schools six months to correct the Education Performance Audits findings of noncompliance listed in the reports. (Copy appended to Official Minutes, Attachment D.)



X.

Draft Individual School Education Performance Audit Report

for Rowlesburg School, Preston County



Dr. Seal reported that an announced on-site review, which included an evaluation of resources, was conducted at Rowlesburg School in Preston County on March 24, 2004. The Office of Education Performance Audits conducted the review which was limited in scope to the performance and process standards relative to school and student achievement.



Upon recommendation of Dr. Seal and a motion by Mr. Morris, seconded by Mr. Spencer, the Board unanimously granted Rowlesburg 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 E.)



XI.

Break



President Chapman called for a break at 9:44 a.m.



XII.

Call to Order



President Chapman called the meeting back to order at 10:00 a.m.

XIII.

REPORTS



State Board Member Reports. Ms. Haden thanked the Board and Department staff for their caring and concern in the death of her husband, Charles H. Haden, II. Mr. Morris extended his appreciation to the Board for their concern during this recent illness. Dr. Johnson provided reports regarding a governance committee on which he is serving and a visit to Regional Education Service Agency (RESA III). Dr. Johnson also issued concern regarding certification issues and requested the certification policy be reviewed.

Superintendent's Information. Dr. Stewart reported that a letter had been received from the National Association of State Boards of Education (NASBE) regarding the elimination of the NASBE ex officio position on the Council of Chief State School Officers (CCSSO) board; it was the consensus of the Board that Dr. Stewart advise CCSSO of the Board's concern regarding this action and the need to restore the same. Dr. Stewart also distributed information and provided an update regarding: 1) recent actions of the School Building Authority of West Virginia, and 2) the Department's budget for 2005. (Copy appended to Official Minutes, Attachment F.)



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



Strategic Planning Committee Report. Mr. Morris distributed information and provided brief remarks on behalf of the Strategic Planning Committee and requested committee members to provide additional comments. Dr. Johnson and Ms. McCue provided additional comments and information regarding committee activities. Mrs. Fish requested that, in addition to the Department's strategic plan, a strategic plan be developed by all affected parties. (Copy appended to Official Minutes, Attachment G.)



Legislative Committee Report. Mr. Spencer distributed a listing of bills passed during the recent legislative session. Mrs. Fish provided information regarding a report of a committee on which she served regarding certification issues and requested an update regarding the Department's review of the report. Jack McClanahan, Assistant State Superintendent, Division of Administrative Services, indicated that he did have the study and that it would be used when the certification policy is reviewed. Dr. McClanahan requested the assistance of the Board in the review of the certification policy. President Chapman requested members to advise her of their interest in assisting in the review of the policy; Dr. Johnson indicated his interest in assisting in the review. President Chapman requested Dr. McClanahan provide the Board, in bulleted format, specific issues to be addressed in the certification policy. (Copy appended to Official Minutes, Attachment H.)



Public Relations Committee Report. President Chapman requested the status of the distribution of the goals poster. It was the consensus of the Board that the poster requires no further additions or corrections and that it is to be mass mailed under an appropriate letter from the Board President. Liza Cordeiro, Executive Director, Office of Communications, Superintendent's Office, provided a report regarding public relations initiatives and activities of the Office of Communications.

Wellness Committee Report. Mrs. Hamilton distributed recommendations for the Board's consideration, with action anticipated at the May meeting, and provided a report on behalf of the Wellness Committee. (Copy appended to Official Minutes, Attachment I.)

XIV.

Consent Agenda

Upon motion by Ms. Haden, seconded by Dr. Johnson, the Board unanimously approved/received the consent agenda as previously amended. (Copies appended to Official Minutes, Attachments J-P.) The following items were approved/received:

minutes of March 10, 11 and 12, 2004. (Attachment J.)

budget supplement and transfer requests for the month of March 2004 as follows: total supplements = $26,401,652 and total transfers = $14,063,353. (Attachment K.)

the Mason County Board of Education's request to close Point Pleasant Middle School and reconfigure Point Pleasant High School, to a 7-12 facility. Students from the middle school will be transferred to Point Pleasant Junior/Senior High School upon completion of the construction/renovations of that facility.



amendment of the Monroe County Comprehensive Educational Facilities Plan to include the construction of a meat processing lab for the vocational school and the renovation of soffits and gutters at the board of education office.



thirty-three (33) county applications to hold summer school at eighty-two (82) county locations. (Attachment L.)



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



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

the approval status for the Fayette County School System and accreditation status for the schools in Fayette County as listed in Attachment N.



Policy 2422.8 - Medication Administration, as amended, with an effective date of July 1, 2004. (Attachment O.)



Policy 2419 - Regulations for the Education of Exceptional Students. (Attachment P.)



XV.

Waivers of State Board of Education Policies and Regulations,

Superintendent's Interpretations and State Statutes and

Legislative Rules



Karen Larry, Executive Assistant to the State Superintendent, presented ten waiver requests for the Board's consideration. Dr. Johnson expressed concern regarding the Coordinated and Thematic Science (CATS) program and requested student performance and certification data be provided the Board prior to the May meeting. Some members indicated that adequate information had already been provided to them.



Upon motion by Dr. Johnson, seconded by Ms. Haden, the Board unanimously approved three new requests for waivers of instructional materials, two new requests for waivers of State Board policy, four requests for continuation of waivers of instructional materials adoptions and denied one new request for a waiver of State Board policy. (Copy appended to Official Minutes, Attachment Q.)

XVI.

Approval of One New Content Specialization for One Higher

Education Institution of Professional Preparation



Dr. McClanahan reported that Policy Review Board, established in Policy 5100 - Approval of Educational Personnel Preparation, met on March 18, 2004 and recommended that the Board approve Ohio Valley College's Wellness (Pre-k-Adult) program to be effective July 1, 2004.



Upon motion by Ms. Haden, seconded by Mrs. Cook, the Board unanimously approved Ohio Valley College's Wellness (Pre-k-Adult) program to be effective July 1, 2004.

XVII.

Rules 1, 2 and 3 of the West Virginia Secondary School

Activities Commission (WVSSAC)



Dr. McClanahan presented WVSSAC Rules 1, 2 and 3 for the Board's consideration. The majority of public and most private schools in West Virginia are members of the WVSSAC. Each year, the principals of member schools submit proposed revisions to the rules and regulations. The proposed revisions are presented and voted upon at the annual Board of Control meeting. Any changes approved by the Board of Control are then submitted to the West Virginia Board of Education for administrative and public review.



Upon motion by Ms. Haden, seconded by Ms. Hatfield, the Board unanimously placed the eight proposals on public comment for 30 days and directed the State Superintendent to advise the WVSSAC that the language change found in Proposal #2 must be corrected during the next revision cycle and henceforth all proposed rule changes must be reviewed by Department Counsel prior to their presentation to the Board. Ms. Cordeiro was directed to provide clarification to the public regarding the Board's concern. (Copy appended to Official Minutes, Attachment R.)



XVIII.

Policy 4336 - West Virginia School Bus Transportation

Policies and Procedures Manual



Dr. McClanahan presented Policy 4336 for the Board's consideration. The revised policy includes information regarding the Student Code of Conduct, Employee Code of Conduct, and the qualifications of professional employees transporting students in a county owned vehicle with a seating capacity of 10 or less. Thirty comments were received during the comment period which ended March 15, 2004, fifteen of which were accepted.

Upon motion by Dr. Johnson, seconded by Mr. Spencer, the Board unanimously approved Policy 4336 as amended. (Copy appended to Official Minutes, Attachment S.)



XIX.

Policy 5112 - Athletic Trainers in the Public Schools of West Virginia



Dr. McClanahan presented Policy 5112 for the Board's consideration. Policy 5112 provides guidelines which require the employment of athletic trainers for football games and practices in the public high schools of West Virginia. Last year, approximately one-half of the high schools requested a waiver of this policy because a fully certified athletic trainer was not available. A committee, composed of athletic trainers, an athletic director, a coach, a West Virginia Secondary School Activities Commission representative, a State Board member and appropriate West Virginia Department of Education staff, reviewed the policy and recommended that Policy 5112 be amended. No changes to the policy were recommended as a result of the public comment period which ended on April 12, 2004.



Upon motion by Dr. Johnson, seconded by Mrs. Fish, the Board unanimously approved Policy 5112. (Copy appended to Official Minutes, Attachment T and addendum.)



XX.

Repeal of West Virginia Board of Education Policies

Rebecca Tinder, General Counsel to the Board and the Department, recommended that 21 Board policies be repealed. Twenty-three (23) West Virginia Board of Education policies, proposed to be repealed, were placed on a 30 day public comment period ending that ended on March 12, 2004. Comments received during the comment period indicated a need to retain Policies 2445.44 and 5300. No comments were received regarding the remaining 21 policies.



Upon motion by Dr. Johnson, seconded by Mrs. Hamilton, the Board unanimously repealed the 21 West Virginia Board of Education policies listed in Attachment U. (Copy appended to Official Minutes, Attachment U.)



XXI.

Executive Session



Upon motion by Mrs. Fish, seconded by Ms. Haden, the Board voted to go into executive session, as provided in W.Va. Code 6-9A-3, to discuss attorney-client privileged matters. The Board entered into executive session at 12:49 p.m.



XXII.

Return from Executive Session

The Board returned from executive session at 1:10 p.m. at which time President Chapman announced that no decisions had been made or action taken.







XXIII.

Future Meetings

The next regular meeting of the Board will be held May 12-13, 2004 in Nicholas County, West Virginia. Discussion ensued regarding the June meeting; it was the consensus of the Board that the meeting would be limited to one day, June 10, and would begin at 8:30 a.m.



XXIV.

Adjournment



Upon motion by Mr. Spencer, seconded by Ms. Haden and unanimously carried, the Board adjourned at 1:15 p.m.



Minutes approved by the Board on May 13, 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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