MINUTES

WEST VIRGINIA BOARD OF EDUCATION

Cedar Lakes Conference Center

Holt Lodge Conference Room

H.C. 88, Box 21

Ripley, West Virginia

June 8, 2005







I.

Call to Order



President Barbara N. Fish called the meeting of the West Virginia Board of Education to order at 10:00 a.m. on June 8, 2005, in the Holt Lodge Conference Room at the Cedar Lakes Conference Center, H.C. 88, Box 12, Ripley, West Virginia.



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



II.

Ceremonial Oath of Office



Dr. Stewart administered the ceremonial oath of office to Ms. Jenny N. Phillips.



III.

Welcome



Dr. Stanley Hopkins, Assistant State Superintendent, Division of Technical and Adult Education, and Mr. Ron Grimes, Executive Director and General Manager, Cedar Lakes Conference Center, welcomed the Board to Cedar Lakes.



IV.

Recognitions



President Fish recognized the Pro-Start Teams from St. Albans and Greenbrier East High Schools for their national level accomplishments.



V.

Approval of Agenda



Upon motion by Dr. Johnson, seconded by Mrs. Cook, the Board unanimously approved the agenda as amended on June 8 (addition of the appraisal of Dr. Stewart that was scheduled for June 8) and with the following modifications: Ms. Haden requested Consent Agenda item 7. Policy 5100 - Approval of Education Personnel Preparation Programs and item 8. Policy 5202 - Minimum Requirements for the Licensure of Professional/Paraprofessional Personnel and Advanced Salary Classification be removed for discussion. President Fish thereupon moved items 7 and 8 to immediately follow the Office of Education Performance Audits (OEPA) reports.



VI.

Consent Agenda



Upon motion by Dr. Johnson, seconded by Ms. Chapman, the Board unanimously approved items on the Consent Agenda as amended. (Copies appended to Official Minutes, Attachments A-G.)



Meeting minutes of April 29, May 4, May 11, May 12 and May 17, 2005 (Attachment A)

Budget supplement and transfer requests for the month of May 2005 as follows: total supplements = $60,045,829 and total transfers = $24,713,888 (Attachment B)



  • Five (5) requests for new waivers of State Board policy (Attachment C)


Marshall County Schools' application for a Summer School program at McNinch Elementary School, June 23 - July 20, 2005, 19 days, purpose: special education to prevent regression



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.

Draft Individual School Education Performance Audit Reports

for Bruceton School, Terra Alta/East Preston School,

Central Preston Middle School, and Preston High School, Preston County



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.

Draft Individual School Education Performance Audit Report

for North Marion High School, Marion County



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.

Draft Individual School Education Performance Audit Reports

for 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,

Berkeley County

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.

Draft Individual School Education Performance Audit Report

for Taylor County Middle School, Taylor County



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.

Policy 5100 - Approval of Education Personnel Preparation



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.

Policy 5202 - Minimum Requirements for the Licensure of

Professional/Paraprofessional Personnel and Advance Salary Classifications



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.

Reports

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.

Return from Executive Session



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.

Reports (Continued)



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.

West Virginia Advisory Council for the Education of

Exceptional Children (WVACEEC) Annual Report



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.

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



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.

Proposed Budgets for the 2005-06 Year



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.

Waiver of Sections of Policy 2419 - Regulations for the

Education of Exceptional Students



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.

Policy 3232 - Establishment of Procedures and Operating

Policies for Multi-County Career and Technical Education Centers



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.

Policy 8224 - Projection of Net Enrollment Increases



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.

Delegation of Authority - Lincoln County



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.

West Virginia Board of Education Personnel



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.

Appraisal of West Virginia Board of Education Employees



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.

Return from Executive Session



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.

Mingo County



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.

Return from Executive Session



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.

Future Meetings



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.

Adjournment



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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