MINUTES

WEST VIRGINIA BOARD OF EDUCATION

Board Conference Room

Capitol Building 6, Room 353

1900 Kanawha Boulevard, East

Charleston, West Virginia

December 16, 2004

I.

President Barbara N. Fish called the regular meeting of the West Virginia Board of Education to order at 8:30 a.m. on December 16, 2004, in the Board Conference Room, Capitol Building 6, Room 353, 1900 Kanawha Boulevard, East, Charleston, West Virginia.

The following members were present: President Fish, Vice President Lowell E. Johnson, Secretary Priscilla M. Haden, Ms. Sandra M. Chapman, Mrs. Delores W. Cook, Mrs. Sheila M. Hamilton, Ms. Burma Hatfield, Mr. Paul J. Morris, Mr. Ronald B. Spencer and ex officios Dr. David Stewart, State Superintendent of Schools, Dr. J. Michael Mullen, Chancellor, the West Virginia Higher Education Policy Commission, and Mr. James L. Skidmore, Chancellor, the West Virginia Council for Community and Technical College Education.

II.

The Board recognized Mr. Brandon Hensley, student at Cabell-Midland High School in Cabell County, and Mr. Stephen Mapes, student at Ravenswood High School in Jackson County, for obtaining perfect SAT scores; Mr. Jeff Richard, teacher at St. Marys Correctional Center, for receiving the Correctional Education Association's Region II 2005 Teacher of the Year award; and the Mt. Olive Correctional Complex for receiving the West Virginia Adult Education Association's 2004 Adult Education Program of the Year award.

III.

Sheila "Page" Stevenson, President Elect, WV Science Teachers Association (distributed information), William DeVault, Artist/Citizen, Monongalia County, Edwina Pendarvis, Professor, Marshall University, Ariyadasa Aluthge, Professor, Marshall University, Carol Egnatoff, Parent, Kanawha County Whitney Stevens, College Student, Cabell County, Debbie Sink, Parent, Kanawha County, Francine Kirk, Fairmont State University, and Anita Maxwell, West Virginia Education Association, addressed the Board regarding Policy 2510. Harry M. Rubenstein, Attorney with Kay, Casto and Chaney, Monongalia County, William C. Totten, retired educator, Mingo County, Hester Keatley, retired educator, Mingo County, Robert N. Huff, Sr., Kiwanis/Matewan High School Local School Improvement Council, and Meghan Daniels, student, Mingo County Schools addressed the Board in favor of the current Mingo County Comprehensive Educational Facilities Plan. (Copy appended to Official Minutes, Attachment A.)

IV.

President Fish called for a break at 10:04 a.m.

V.

President Fish called the meeting back to order at 10:24 a.m.

VI.

President Fish recognized Mr. Keith Butcher, Executive Director, Office of Instructional Services, Division of Instructional and Student Services, and presented him with the Board's "Attitude is Everything" award.

VII.

Upon motion by Dr. Johnson, seconded by Ms. Chapman, the Board unanimously approved the agenda with the following modifications: President Fish: 1) moved New Business item VIII.B. Policy 2510 - Assuring the Quality of Education: Regulations for Education Programs, to immediately follow the Approval of the Agenda; 2) moved New Business item VIII.E. Mingo County: Including Its Comprehensive Education Facilities Plan to follow Policy 2510; 3) moved from the Consent Agenda, item VII.B.2. West Virginia Board of Education Personnel to immediately follow Reports; 4) moved from the Consent Agenda item VII.B.10. Final Individual School Education Performance Audit Report for East Hardy Early/Middle School, Hardy County, to follow Reports; and 5) moved from the Consent Agenda item VII.B.12. Final Individual School Education Performance Audit Report for Green Bank Elementary/Middle School, Pocahontas County, to follow Reports.

VIII.

Dr. Pamela S. Cain, Assistant State Superintendent, and Mr. Keith Butcher, Executive Director, Office of Instructional Services, Division of Instructional and Student Services, presented Policy 2510 for the Board's consideration. The repeal and replacement of Policy 2510 will organize the policy by program levels and responsibilities. In addition, Policy 2510 has been revised to meet the requirements of the No Child Left Behind Act of 2001, current West Virginia Board of Education policies, and State Code changes enacted during the 2004 session of the West Virginia Legislature. During the comment period ending October 29, 2004, thirty-four comments were received and considered by the Policy 2510 review committee.

Mr. Morris moved that Policy 2510, as amended during the December 15 meeting, be approved. Mr. Spencer seconded the motion.

Discussion ensued regarding course requirements, the definition of the work day, and the terms "entry pathway" and "track".

Dr. Johnson requested clarification language regarding course requirements at the high school level be drafted and brought back before the Board for action.

Dr. Johnson moved to amend the original motion to remove the word "generally" from section 5.81 (definition of "Work Day"). Mrs. Cook seconded the motion. Upon the call for the question the motion was defeated on a vote of two to seven.

Mr. Morris moved to amend the original motion to delete section 5.81 (definition of "Work Day") from the policy. Ms. Hatfield seconded the motion. Upon the call for the question the motion was carried on a vote of eight to one.

Dr. Johnson moved to amend the original motion to delete the following language found in footnote three on Chart V-C: "or, if scheduling problems arise, may substitute a required technical course in their concentration in lieu of the arts requirement" be deleted. Ms. Haden seconded the motion. Chancellor Mullen offered a friendly amendment to the motion to delete the second sentence and strike in the first sentence, first line, "The professional and skill pathways". Dr. Cain suggested that footnote number three, in its entirety, be deleted from Charts V-B and V-C. Dr. Johnson and Ms. Haden accepted Dr. Cain's suggestion and amended their motion to remove footnote three from Charts V-B and V-C. The motion carried on a vote of eight to one.

Chancellor Mullen recommended that the original motion be amended to include the deletion of the first sentence of footnote one, located on Chart V-C, and the following language be inserted: "It is the intent that all students will take mathematics annually, but must take at least three mathematics classes in grades 9-12. If students begin the math sequence prior to grade 9, they should take other mathematics courses, which may include college courses, AP courses, virtual school courses, or other advanced offerings. This principle applies to all required course sequences." Upon the call for the question the amendment was approved unanimously.

Mrs. Cook moved, and Mrs. Hamilton seconded, that footnote number five located in Chart V-C be deleted. The motion was carried unanimously.

Upon completion of all discussion, Mr. Morris and Mr. Spencer agreed to amend their original motion to approve Policy 2510 as amended on December 15 and with all of the aforestated amendments. The motion was carried with eight members voting yes and one member, Dr. Johnson, voting no. (Copy appended to Official Minutes, Attachment B and addendum.)

IX.

President Fish called for a break at 11:35 a.m.

X.

President Fish called the meeting back to order at 11:40 a.m.

XI.

Dr. Jack McClanahan, Assistant State Superintendent, Division of Administrative Services, provided an update regarding Mingo County, including its Comprehensive Educational Facilities Plan. Brenda Skibo, Superintendent of Mingo County Schools, also addressed the Board regarding the CEFP, facility maintenance and finance issues. Dr. Clacy Williams, Executive Director, School Building Authority of West Virginia (SBA), discussed project status and the SBA grant for construction awarded to Mingo County Schools.

XII.

President Fish requested a motion to move into an executive session under the provisions of W.Va. Code §6-9A-3 to discuss matters involving attorney-client privilege.

Ms. Hatfield moved, and Mr. Spencer seconded, that the Board move into Executive Session. The motion carried unanimously. The Board entered into Executive Session at 12:10 p.m.

XIII.

The Board returned from Executive Session at 1:58 p.m. at which time President Fish announced no action was taken and no decisions were made in Executive Session and entertained a motion from the Board that the West Virginia Board of Education direct its counsel and the State Superintendent of Schools to immediately take such action as is necessary to effectuate the implementation of the Mingo County CEFP, which was approved by the West Virginia Board of Education and funded by the SBA, including an audit by the Office of Education Performance Audits (OEPA) of the Mingo County school system.

Ms. Hatfield moved, and Ms. Chapman seconded, said motion. The motion carried unanimously.

XIV.

Dr. Kenna R. Seal, Director, OEPA, reported that an announced on-site review was conducted at Fairdale Elementary School in Raleigh County on October 19, 2004. The OEPA conducted the review which was limited in scope to the performance and process standards relative to school and student achievement. The review also consisted of resource evaluation.

Upon recommendation of Dr. Seal and a motion by Mr. Spencer, seconded by Ms. Haden, the Board unanimously continued Temporary Accreditation status for Elkins Middle School and the Full Approval status of the Randolph County School System and gave the school and county until September 1, 2005, to correct the high-quality standards necessary for improvement. (Copy appended to Official Minutes, Attachment C.)

XV.

Dr. Seal reported that an announced on-site review was conducted at Trap Hill Middle School in Raleigh County on October 19, 2004. The OEPA conducted the review which was limited in scope to the performance and process standards relative to school and student achievement. The review also consisted of resource evaluation.

Upon recommendation of Dr. Seal and a motion by Dr. Johnson, seconded by Ms. Chapman, the Board unanimously continued Temporary Accreditation status for Trap Hill Middle School and the Full Approval status of the Raleigh County School System and gave the school and county until September 1, 2005, to correct the high-quality standards necessary for improvement. (Copy appended to Official Minutes, Attachment D.)

XVI.

Dr. Seal reported that an announced on-site review was conducted at Summers Middle School in Summers County on October 20, 2004. The OEPA conducted the review which was limited in scope to the performance and process standards relative to school and student achievement. The review also consisted of resource evaluation.

Upon recommendation of Dr. Seal and a motion by Mr. Morris, seconded by Mrs. Hamilton, the Board unanimously continued Temporary Accreditation status for Summers Middle School and the Full Approval status of the Summers County School System and gave the school and county until September 1, 2005, to correct the high-quality standards necessary for improvement. (Copy appended to Official Minutes, Attachment E.)

XVII.

Dr. Seal reported that an announced on-site review was conducted at Summers County High School in Summers County on October 20, 2004. The OEPA conducted the review which was limited in scope to the performance and process standards relative to school and student achievement. The review also consisted of resource evaluation.

Upon recommendation of Dr. Seal and a motion by Dr. Johnson, seconded by Ms. Hatfield, the Board unanimously continued Temporary Accreditation status for Summers County School and the Full Approval status of the Summers County School System and gave the school and county until September 1, 2005, to correct the high-quality standards necessary for improvement. (Copy appended to Official Minutes, Attachment F.)

XVIII.

Dr. Seal reported that an announced on-site review was conducted at Buffalo Middle School in Wayne County on November 9, 2004. The OEPA conducted the review which was limited in scope to the performance and process standards relative to school and student achievement. The review also consisted of resource evaluation.

Upon recommendation of Dr. Seal and a motion by Ms. Haden, seconded by Mrs. Hamilton, the Board unanimously continued Temporary Accreditation status for Buffalo Middle School and the Full Approval status of the Wayne County School System and gave the school and county until September 1, 2005, to correct the high-quality standards necessary for improvement. (Copy appended to Official Minutes, Attachment G.)

XIX.

Dr. Seal reported that an announced on-site review was conducted at Fort Gay Middle School in Wayne County on November 9, 2004. The OEPA conducted the review which was limited in scope to the performance and process standards relative to school and student achievement. The review also consisted of resource evaluation.

Upon recommendation of Dr. Seal and a motion by Dr. Johnson, seconded by Ms. Haden, the Board unanimously continued Temporary Accreditation status for Fort Gay Middle School and the Full Approval status of the Wayne County School System and gave the school and county until September 1, 2005, to correct the high-quality standards necessary for improvement. (Copy appended to Official Minutes, Attachment H.)

XX.

Dr. Seal reported that an announced on-site review was conducted at Wayne Middle School in Wayne County on November 9, 2004. The OEPA conducted the review which was limited in scope to the performance and process standards relative to school and student achievement. The review also consisted of resource evaluation.

Upon recommendation of Dr. Seal and a motion by Dr. Johnson, seconded by Ms. Haden, the Board unanimously continued Temporary Accreditation status for Wayne Middle School and the Full Approval status of the Wayne County School System and gave the school and county until September 1, 2005, to correct the high-quality standards necessary for improvement. (Copy appended to Official Minutes, Attachment I.)

XXI.

To facilitate the meeting, President Fish moved the two OEPA items previously pulled from the Consent Agenda to immediately follow the preceding OEPA reports.

XXII.

Discussion ensued regarding the Seriously Impaired status of East Hardy Early/Middle School. Upon recommendation of Dr. Seal and a motion by Dr. Johnson, seconded by Ms. Hatfield, the Board unanimously continued the Seriously Impaired Accreditation status for East Hardy Early/Middle School and continued the Full Approval status of the Hardy County School System. (Copy appended to Official Minutes, Attachment J.)

XXIII.

Discussion ensued regarding the Temporary Accreditation status of Green Bank Elementary/Middle School. Upon recommendation of Dr. Seal and a motion by Dr. Johnson, seconded by Ms. Hamilton, the Board unanimously continued the Temporary Accreditation status for Green Bank Elementary/Middle School and continued the Full Approval status of the Pocahontas County School System. (Copy appended to Official Minutes, Attachment K.)

XXIV.

Regional Education Service Agency (RESA) Report. Mr. Nick Zervos, Executive Director of RESA 6, provided an update of activities and initiatives taking place in RESA 6. (Copy appended to Official Minutes, Attachment L.)

Board Member Reports. President Fish appointed the following members to review and finalize the Board's response to the West Virginia Advisory Council for the Education of Exceptional Children's Annual Report: President Fish, Mrs. Cook and Ms. Chapman along with selected professionals in the West Virginia Department of Education.

Superintendent's Report. Dr. Stewart provided reports regarding the most recent Legislative interim session, the RESA Executive Director evaluation process and Department personnel actions. Following discussion, President Fish requested that Mr. Chuck Nichols, Executive Director of RESA III and current RESA Liaison to the Board, request that the eight Executive Directors, along with their Advisory Council Chairs, attend the January 2005 meeting of the Board in order to address concerns regarding governance and their proposed legislative agenda. It was also requested that any meetings with Legislative leadership be delayed until the conclusion of the January meeting with the Board. (Copy appended to Official Minutes, Attachment M.)

College Summit. Randy Shillinburg, Director of Development, College Summit of West Virginia, distributed and presented information regarding the framework, activities and initiatives of the College Summit. (Copy appended to Official Minutes, Attachment Mc.)

XXV.

Upon motion by Dr. Johnson, seconded by Mrs. Hamilton, the Board approved the West Virginia Board of Education personnel items with eight members voting yes and one member, Ms. Chapman, voting no. (Copy appended to Official Minutes, Attachment N.)

XXVI.

Upon motion by Dr. Johnson, seconded by Mrs. Cook, the Board unanimously approved the Consent Agenda as amended. (Copies appended to Official Minutes, Attachments O-X.)

Minutes of November 10, 2004 (Attachment O)

Budget supplement and transfer requests for the month of November 2004 as follows: total supplements = $272,468,674 and total transfers = $31,584,288 (Attachment P)

One (1) request for continuation of a waiver of State Board policy; (b) two (2) requests for continuation of waivers of instructional materials; and (c) eight (8) new requests for waivers of State Board policy (Attachment Q)

Nine applications for a total of 1,331 applications for Operation Recognition in connection with Policy 4355: High School Diplomas for Veterans (Attachment R)

Full Accreditation status to Valley View Elementary School and continued the Full Approval status of the Berkeley County School System (Attachment U)

Full Accreditation status to Brookview Elementary School and continued the Full Approval status of the Boone County School System (Attachment V)

Temporary Accreditation status to Barboursville Middle School and continued the Full Approval status of the Cabell County School System (Attachment W)

Full Accreditation status to Man Central K-8 School and continued the Full Approval status of the Logan County School System (Attachment X).

XXVII.

Dr. Steven L. Paine, Deputy State Superintendent of Schools, presented the Kanawha County School Board's request for the continuation of the operation of year-round calendars for Piedmont Elementary, Chandler Elementary, and Glenwood Elementary through the 2007-2008 school year.

Upon motion by Ms. Haden, seconded by Mrs. Hamilton, the Board unanimously approved the operation of year-round calendars for the above-named schools during the 2005-2006, 2006-2007, and 2007-2008 school years as long as the Kanawha County Board of Education has authorized them to do so. (Copy appended to Official Minutes, Attachment Y.)

XXVIII.

Dr. Pamela S. Cain, Assistant State Superintendent, Division of Instructional and Student Services, presented Policy 2419 for the Board's consideration. The proposed changes include: 1) a change in language to make Policy 2419, sections 1.1 and 1.2, consistent with the Full Equal Opportunity Goals (FEOG) language; and 2) clarification with regard to the scope of regulations and the age of students with disabilities to whom these regulations apply.

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

XXIX.

Dr. Gail Looney, Executive Director, West Virginia Center for Professional Development provided the recommendations for professional development goals and an update on the West Virginia Collaborative for Professional Development Plan. (Copy appended to Official Minutes, Attachment AA.)

XXX.

The next regular meeting of the Board will be held January 11-12, 2005 in the Board Conference Room, Capitol Building 6, Room 353, 1900 Kanawha Boulevard, East, Charleston, West Virginia.

XXXI.

Upon motion by Mrs. Cook, seconded by Ms. Haden and unanimously carried, the Board adjourned at 3:37 p.m.

Minutes approved by the Board on January 12, 2005.

______________________________________________

Barbara N. Fish, President

______________________________________________

Priscilla M. Haden, Secretary

Minutes were recorded by

Virginia M. Harris

Executive Secretary to

the Board.

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