MINUTES

WEST VIRGINIA BOARD OF EDUCATION

Board Conference Room

Capitol Building 6, Room 353

1900 Kanawha Boulevard, East

Charleston, West Virginia

September 30, 2005

I.

President Lowell E. Johnson (via telephone) called the meeting of the West Virginia Board of Education to order at 2:02 p.m. on September 30, 2005, in Capitol Building 6, Room 353, 1900 Kanawha Boulevard, East, Charleston, West Virginia.

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

Upon motion by Ms. Hatfield, seconded by Ms. Phillips, the Board unanimously approved the agenda.

III.

Discussed ensued regarding the request of the Mingo County Board of Education to waive Level III administrative appeal proceedings in The Mingo County Board of Education v. West Virginia Board of Education, et al. President Johnson requested a motion that "the West Virginia Board of Education grant the Mingo County Board of Education's request for a waiver of the Level III administrative appeal in the matter of Mingo County Board of Education v. West Virginia Board of Education, et al., Civil Action No. 05-AA-22, so as to permit the Mingo County board of Education to proceed to the Circuit court of Kanawha County with its appeal." Mrs. Fish moved and Ms. Hatfield seconded the motion. The motion carried unanimously.

Ms. Haden moved, and Ms. Chapman seconded, that Superintendent Paine be granted the authority to sign the Order on the behalf of the Board. The motion carried unanimously. (Copy of the Order appended to Official Minutes, Attachments A.)

IV.

The next regular meeting of the Board will be held October 11-12, 2005 in Charleston, West Virginia.

V.

Upon motion by Mrs. Cook, seconded by Ms. Phillips and unanimously carried, the meeting adjourned at 2:12 p.m.

Minutes approved by the Board on November 10, 2005.

___________________________________________

Lowell E. Johnson, President

___________________________________________

Priscilla M. Haden, Secretary

Minutes were recorded by

Virginia M. Harris

Executive Secretary to

the Board.

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