Six applications for a total of 1,344 applications for Operation Recognition in connection with Policy 4355: High School Diplomas for Veterans (Attachment D)

• Comprehensive Educational Facilities Plan (CEFP) for the Cedar Lakes Conference Center

• Amendment of the McDowell County CEFP to include the purchase of a modular unit with two classrooms for the Sandy River site

• Fairmont State University's Master of Arts in Teaching (Pre-k-Adult, 5-Adult, 9-Adult and 5-9) to be offered at the graduate level, effective July 2005; West Virginia State University's Reading Endorsement (K-6, 5-9, 5-Adult) to be an undergraduate level endorsement only program, effective July 2005; West Virginia University's English as a Second Language (Pre-k-Adult) is to be offered at the under-graduate or graduate level, effective July 2005; and an alternative route to certification program from West Virginia State University (in collaboration with RESA III) effective July 2005 (Attachment E)

• 2005-2006 school calendars for Institutional Education Programs and granted the Superintendent of Institutional Education Programs the authority to approve minor amendments to the school calendars, as needed, for good cause (Attachment F)

• Information on the Annual State Application under Part B of the Individuals with Disabilities Education Act as Amended in 2004 for Federal Fiscal Year 2005 (Attachment G).

VII.

Dr. Kenna R. Seal, Director, OEPA, reported that announced on-site reviews were conducted at Bruceton School, Terra Alta/East Preston School, Central Preston Middle School and Preston High School in Preston County on April 20 - 21, 2005. The OEPA conducted the reviews which were limited in scope to the standards relative to school and student performance and progress. The reviews also consisted of resource evaluation.

Upon recommendation of Dr. Seal and a motion by Dr. Johnson, seconded by Mrs. Hamilton, the Board unanimously continued the Conditional Accreditation status of Bruceton School, and the Full Approval status of the Preston County School System and gave the school and county a May 31, 2007 Date Certain to achieve adequate yearly progress (AYP). It was the consensus of the Board that a letter from the Board be sent to Preston County regarding the findings at Bruceton School.

Upon recommendation of Dr. Seal and a motion by Dr. Johnson, seconded by Ms. Haden, the Board unanimously continued the Conditional Accreditation status of Terra Alta/East Preston School, Central Preston Middle School, and Preston High School and the Full Approval status of the Preston County School System and gave the schools and county a May 31, 2007 Date Certain to achieve adequate yearly progress (AYP). (Copies appended to Official Minutes, Attachment H.)

VIII.

Dr. Seal reported that an announced on-site review was conducted at North Marion High School in Marion County on April 26 - 27, 2005. The OEPA conducted the review which was limited in scope to the standards relative to school and student performance and progress. The review also consisted of resource evaluation.

Upon recommendation of Dr. Seal and a motion by Ms. Chapman, seconded by Mrs. Cook, the Board unanimously continued the Conditional Accreditation status of North Marion High School and the Full Approval status of the Marion County School System with the school and county given a May 31, 2006 Date Certain to achieve adequate yearly progress (AYP). (Copy appended to Official Minutes, Attachment I.)

IX.

Dr. Seal reported that announced on-site reviews were conducted at Bedington Elementary School, Hedgesville Elementary School, Marlowe Elementary School, Martinsburg South Middle School, Martinsburg High School, Musselman Middle School, Musselman High School, and Potomack Intermediate School in Berkeley County on April 26 - 28, 2005. The OEPA conducted the reviews which were limited in scope to the standards relative to school and student performance and progress. The reviews also consisted of resource evaluation.

Upon recommendation of Dr. Seal and a motion by Mrs. Hamilton, seconded by Ms. Chapman, the Board unanimously continued the Full Accreditation status of Bedington Elementary School, Hedgesville Elementary and Marlowe Elementary School and gave the schools and county until the next accreditation cycle to correct the identified deficiencies.

Upon recommendation of Dr. Seal and a motion by Mrs. Hamilton, seconded by Ms. Chapman, the Board unanimously continued the Conditional Accreditation status of Martinsburg South Middle School, Martinsburg High School, Musselman Middle School, Musselman High School, and Potomack Intermediate School and the Full Approval status of the Berkeley County School System; with Martinsburg South Middle School, Musselman Middle School, Musselman High School, and Potomack Intermediate School and the county given a May 31, 2007 Date Certain to achieve AYP; and, Martinsburg High School and the county given a May 31, 2006 Date Certain to achieve AYP for 5.1.1 Achievement and a May 31, 2007 Date Certain for 5.1.4 Graduate rate. (Copies appended to Official Minutes, Attachment J.)

X.

Dr. Seal reported that an announced on-site review was conducted at Taylor County Middle School in Taylor County on April 27 - 28, 2005. The OEPA conducted the review which was limited in scope to the standards relative to school and student performance and progress. The review also consisted of resource evaluation.

Upon recommendation of Dr. Seal and a motion by Ms. Chapman, seconded by Mrs. Cook, the Board unanimously continued the Conditional Accreditation status of Taylor County Middle School and the Full Approval status of the Taylor County School System with the school and county given a May 31, 2007 Date Certain to achieve AYP. (Copy appended to Official Minutes, Attachment K.)

XI.

Dr. Stewart, Dr. Jack McClanahan, Assistant State Superintendent, and Mr. Nathan Estel, Assistant Director, Office of Professional Preparation, Division of Administrative Services, addressed questions regarding the thirty day comment period, conflicts between state and federal certification legislation, and special education certification.

Upon motion by Ms. Haden, seconded by Ms. Chapman, the Board unanimously placed Policy 5100 on public comment for thirty days. (Copy appended to Official Minutes, Attachment L.)

XII.

Dr. McClanahan addressed questions regarding proposed changes to Policy 5202.

Upon motion by Mrs. Hamilton, seconded by Dr. Johnson, the Board unanimously placed Policy 5202 on public comment for thirty days. (Copy appended to Official Minutes, Attachment M.)

XIII.

Superintendent Search. Ms. Chapman provided an overview of the interview process and announced the dates of June 13, 18, 21 and 27 for interviews of selected candidates. Logistical issues, including travel and teleconferencing, were addressed as well as reference check protocol.

Following discussion, Ms. Chapman moved, and Mrs. Cook seconded, that the Board, in compliance with W. Va. Code §6-9A-4(b)(2)(A), enter into executive session to discuss personnel matters. The motion was unanimously carried and the Board entered into executive session at 11:55 a.m.

XIV.

The Board returned from executive session at 2:40 p.m. at which time President Fish announced no action was taken and no decisions were made.

Ms. Chapman reported that nine candidates will be contacted for interviews.

XV.

Board Member Reports. Ms. Haden and President Fish provided reports. President Fish reappointed herself and Mrs. Cook to the Center for Professional Development Board and asked that members advise her, no later than June 18, of their interest in serving on the Commission for Professional Teaching Standards. President Fish also appointed the following members to a standing RESA Committee with specific ongoing tasks: Mr. Spencer, Chair, Mrs. Cook and Dr. Johnson.

State Superintendent's Report. Dr. Stewart provided brief reports regarding Department personnel actions, Mingo County, Hampshire County and a groundbreaking ceremony at Chapmanville High School in Logan County. (Copy appended to Official Minutes, Attachment Mc.)

XVI.

Dr. Pamela S. Cain, Assistant State Superintendent, Division of Instructional and Student Services, introduced Dr. Michael Sullivan, Executive Director, and Mr. Russell Crump, President of the WVACEEC, who presented the WVACEEC's annual report for the Board's consideration. (Copy appended to Official Minutes, Attachment N and addendum.)

XVII.

Mrs. Jane McBride, Superintendent, West Virginia Schools for the Deaf and the Blind, presented the FY 2006 extensions of contracts and agreements between the West Virginia Schools for the Deaf and the Blind and the Eastern West Virginia Community & Technical College for the Board's consideration.

Upon motion by Dr. Johnson, seconded by Mrs. Hamilton, the Board unanimously approved the extension of the Memorandum of Agreement, Contract on Early Entrance Students and Contract for Assessing for FY 2006. (Copy appended to Official Minutes, Attachment O.)

XVIII.

Mr. Joe Panetta, Executive Director, Office of School Finance, Division of Administrative Services, presented the proposed county boards of education, RESAs, and multi-county vocational centers budgets for the upcoming year for the Board's approval, pursuant to the provisions of W. Va. Code §§18-9B-6, 18-2-26 and 18-2B-2 and related Board policies. The proposed budgets were reviewed and analyzed by WVDE staff and all necessary revisions were made prior to submission for approval. The attached is a summary of the proposed budgets for each agency by fund.

Upon motion by Ms. Hatfield, seconded by Mrs. Cook, the Board unanimously approved the budgets as presented . (Copy appended to Official Minutes, Attachment P.)

XIX.

Dr. Lynn Boyer, Executive Director, Office of Special Education, Division of Instructional and Student Services, presented a wavier request for sections of Policy 2419 for the Board's consideration. In the absence of federal regulations implementing IDEA 2004 and in order for local school districts to be in compliance with IDEA on July 1, 2005 and after, Interim Guidance for the Implementation of IDEA 2004 (Guidance) was developed. Because sections of Policy 2419 contravene or exceed the requirements in IDEA 2004, a waiver was requested. New language was not presented as change to Policy 2419 and will be presented for public comment following notification resulting from the release of the federal regulations. Guidance includes in column 3 recommendations to local school districts for use on July 1, 2005 and after.

Upon motion by Dr. Johnson, seconded by Mrs. Cook, the Board unanimously waived sections of Policy 2419, statewide, as outlined in the attachment. (Copy appended to Official Minutes, Attachment Q.)

XX.

Dr. Hopkins presented Policy 3232 for the Board's consideration. Policy 3232 was placed on public comment until May 15, 2005. One comment was received and accepted resulting in the development of two new sections, 5.5.4 and 5.5.5. As the new sections constitute substantive changes to the policy, it was recommended that the two new sections be placed on public comment.

Upon motion by Ms. Haden , seconded by Mrs. Hamilton, the Board unanimously placed sections 5.5.4 and 5.5.5 of Policy 3232 on public comment for thirty days. (Copy appended to Official Minutes, Attachment R.)

XXI.

Mr. Panetta presented Policy 8224 for the Board's consideration. Policy 8224 was promulgated to comply with the provisions of S.B. 604 which was passed during the recent legislative session related to the allowance under the Public School Support Program (PSSP) for increased enrollment (W. Va. Code §18-9A-15). One of the requirements of the revised statute was that the State Board promulgate a rule that establishes an objective method for projecting the increase in net enrollment for each school district by September 1, 2005. This policy was developed to meet that requirement. This policy will repeal and replace Policy 8224, Six Percent Loss Cap Waiver, which is no longer required.

Upon motion by Ms. Phillips, seconded by Dr. Johnson, the Board unanimously placed Policy 8224 on public comment for thirty days. (Copy appended to Official Minutes, Attachment S.)

XXII.

Dr. Stewart, pursuant to W. Va. Code §18-2E-5(l)(4)(c)(iv), requested that the State Board limit the authority of the Lincoln County Board of Education as to the ability to conduct real estate transactions and delegate to the State Superintendent the authority to act in lieu of the Lincoln County Board of Education in a transfer, sale, purchase or other transaction regarding real estate.

Upon motion by Mrs. Cook, seconded by Dr. Johnson, the Board, in compliance with W. Va. Code §18-2E-5(l)(4)(c)(iv), unanimously limited the authority of the Lincoln County Board of Education as to the ability to conduct real estate transactions and delegated to the State Superintendent the authority to act in lieu of the Lincoln County Board of Education in a transfer, sale, purchase or other transaction regarding real estate.

XXIII.

Dr. Steven L. Paine, Deputy State Superintendent, presented the Board's personnel items for consideration.

Upon motion by Dr. Johnson, seconded by Ms. Hatfield, the Board approved the personnel items as presented with eight members voting yes and one member, Ms. Chapman, voting no. (Copy appended to Official Minutes, Attachment T.)

XXIV.

President Fish requested a motion to move into Executive Session as provided in W.Va. Code §6-9A-4(b)(2)(A), to discuss personnel matters involving the following State Board employee appraisals: State Superintendent, Director of OEPA, Superintendent of the West Virginia Schools for the Deaf and the Blind and Executive Secretary to the Board. Upon motion by Dr. Johnson, seconded by Ms. Chapman, the Board entered into executive session at 3:40 p.m.

XXV.

The Board returned from executive session at 4:50 p.m. at which time President Fish announced that no action was taken and no decisions were made. President Fish reported that the Director of OEPA, Superintendent of the West Virginia Schools for the Deaf and the Blind, and Executive Secretary to the Board were to be commended for their performance and all received satisfactory evaluations.

XXVI.

Ms. Rebecca Tinder, General Counsel to the Board and Department, addressed the Board regarding litigation matters in Mingo County and advised that an executive session was necessary.

Upon motion by Mrs. Cook, seconded by Ms. Haden, and in accordance with W. Va. Code §6-9A-3, the Board unanimously entered into executive session at 4:52 p.m, to discuss an attorney-client privileged matter.

XVII.

The Board returned from executive session at 5:05 p.m. at which time President Fish announced no action was taken and no decisions were made.

XXVIII.

President Fish noted that the agenda for the meeting was not complete in that the appraisal for Dr. Stewart remained and, as such, would be taken up at the next regular meeting of the Board to be held June 9, 2005 at the Cedar Lakes Conference Center in Jackson County, West Virginia.

XXIX.

Ms. Chapman moved, and Mrs. Cook seconded, that the meeting be adjourned. The meeting adjourned at 5:07 p.m.

Minutes approved by the Board on July 14, 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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