MINUTES

WEST VIRGINIA BOARD OF EDUCATION

Board Conference Room

Capitol Building 6, Room 353

1900 Kanawha Boulevard, East

Charleston, West Virginia

August 10, 2005

I.

President Lowell E. Johnson called the meeting of the West Virginia Board of Education to order at 12:30 p.m. on August 10, 2005, in Capitol Building 6, Room 353, 1900 Kanawha Boulevard, East, Charleston, West Virginia.

The following members were present: President Johnson, Vice President Delores W. Cook, Secretary Priscilla M. Haden, Barbara N. Fish, Burma Hatfield, Ronald B. Spencer, and Jenny N. Phillips, and ex officio Steven L. Paine, State Superintendent of Schools. Members absent were: Sandra M. Chapman and Sheila M. Hamilton 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.

Upon motion by Ms. Haden, seconded by Mr. Spencer, the Board unanimously approved the agenda.

III.

Dr. Kenna R. Seal, Director, Office of Education Performance Audits (OEPA), presented the 2005 Annual Report of the OEPA for the Board's consideration. The 2005 Annual Report is the seventh report compiling accountability activities, and it synthesizes the activities of the OEPA as established by the West Virginia Legislature and the West Virginia Board of Education.

Upon recommendation of Dr. Seal and a motion by Ms. Hatfield, seconded by Ms. Phillips, the Board unanimously approved the 2005 Annual Report of the OEPA. (Copy appended to Official Minutes, Attachment A.)

IV.

Dr. Seal presented the Year-End Strategic Plan FY2005 for the Board's consideration. The Year-End Strategic Plan FY2005 Report outlines the goals, objectives, and activities of the OEPA as established by the West Virginia Legislature and the West Virginia Board of Education.

Upon recommendation of Dr. Seal and a motion by Mr. Spencer, seconded by Mrs. Cook, the Board unanimously approved the OEPA Year-End Strategic Plan for FY 2005. (Copy appended to Official Minutes, Attachment B.)

V.

Dr. Seal presented the OEPA's recommendations for professional development based on Education Performance Audits and annual performance measures for the Board's consideration. W. Va. Code §18-2-23a requires the West Virginia Board of Education to establish goals for professional development in the public schools of the state. An analysis of annual performance data and Education Performance Audits was presented to the West Virginia Board of Education for consideration in establishing professional development goals.

Discussion ensued during which it was requested that the Board be provided the preliminary draft report of the Legislature's study of professional development that was presented at the August legislative interim session.

Upon recommendation of Dr. Seal and a motion by Ms. Haden, seconded by Mrs. Cook, the Board unanimously approved the recommendations for professional development based on Education Performance Audits and annual performance measures. (Copy appended to Official Minutes, Attachment C and addendum.)

VI.

Mr. Don Chapman, Assistant Director, Office of Student Services and Health Promotion, Division of Instructional Services, addressed the Board regarding proposed changes to Policy 2520.5. (Copy appended to Official Minutes of August 11, 2005 at Attachment C.)

VII.

Mr. Chapman addressed the Board regarding proposed changes to Policy 2520.6. Discussion ensued during which Mrs. Fish requested that detailed information regarding FITNESSGRAM be provided to the Board at the August 11 meeting and that the item be removed from the August 11 Consent Agenda and placed under New Business for further discussion. (Copy appended to Official Minutes of August 11, 2005 at Attachment Mc.)

VIII.

Dr. Stanley Hopkins, Assistant State Superintendent, Division of Technical and Adult Education Services, addressed the Board regarding changes to and the adoption of Policy 3232. (Copy appended to Official Minutes of August 11, 2005 at Attachment D.)

IX.

Dr. Karen Huffman, Executive Director, Office of Professional Preparation, Division of Administrative Services, addressed the Board regarding proposed changes to and the adoption of Policy 5100. Discussion ensued during which Mrs. Fish requested that this item be removed from the August 11 Consent Agenda and placed under New Business for further discussion. (Copy appended to Official Minutes, Attachment D.)

X.

Dr. Huffman distributed information and addressed the Board regarding proposed changes to and the adoption of Policy 5202. (Copy appended to Official Minutes, Attachment E and addendum.)

XI.

Dr. Huffman addressed the Board regarding a proposed alternative route to certification program for Regional Education Service Agency VIII. (Copy appended to Official Minutes of August 11, 2005 at Attachment K.)

XII.

President Johnson called for a break at 1:50 p.m.

XIII.

President Johnson called the meeting back to order at 2:00 p.m.

XIV.

Mr. Bill Elswick, Executive Director, Office of School Facilities, Division of Administrative Services, distributed corrected information and addressed the Board regarding proposed changes to Policy 6204. (Copy appended to Official Minutes, Attachment F.)

XV.

Mr. Joe Panetta, Executive Director, Office of School Finance, Division of Administrative Services, distributed corrected information and addressed the Board regarding proposed changes to and the adoption of Policy 8224. (Copy appended to Official Minutes, Attachment G.)

XVI.

Mr. Panetta addressed the Board regarding an agreement between the Taylor and Harrison County Boards of Education. (Copy appended to Official Minutes of August 11, 2005 at Attachment I.)

XVII.

President Johnson requested a motion to move into Executive Session as provided in W. Va. Code §6-9A-3 for a legal matter involving attorney-client privilege.

Upon motion by Mrs. Cook, seconded by Ms. Phillips, the Board unanimously entered into executive session at 2:20 p.m.

XVIII.

The Board returned from Executive Session at 2:56 p.m. at which time President Johnson announced that no action was taken and no decisions were made.

Mrs. Fish moved that the Board's counsel be directed to appeal, to the West Virginia Supreme Court of Appeals, the Order Granting the Plaintiffs' Writ of Mandamus and Preliminary Injunction, which was entered in the Circuit Court of Kanawha County on August 8, 2005, in the case styled Stephanie Adkins, et al. v. the Board of Education of Fayette County, et al., and to simultaneously seek, from the Supreme Court, a stay of that Order pending the outcome of the appeal. Ms. Phillips seconded the motion and it was carried unanimously.

XIX.

The next regular meeting of the Board will be held August 11, 2005 in Charleston, West Virginia.

XX.

Upon motion by Mr. Spencer, seconded by Ms. Hatfield and unanimously carried, the meeting adjourned at 2:58 p.m.

Minutes approved by the Board on September 15, 2005.

___________________________________________

Lowell E. Johnson, President

___________________________________________

Priscilla M. Haden, Secretary

Minutes were recorded by

Virginia M. Harris

Executive Secretary to

the Board.

wvbeminutes8/10/05:30a