Board Conference Room

Capitol Building 6, Room 353

1900 Kanawha Boulevard, East

Charleston, West Virginia

February 9, 2006


Call to Order

President Lowell E. Johnson called the meeting of the West Virginia Board of Education (WVBE) to order at 9:15 a.m. on February 9, 2006, 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, Robert W. Dunlevy, Sheila M. Hamilton, Burma Hatfield, Jenny N. Phillips and Ronald B. Spencer, and ex officio Steven L. Paine, State Superintendent of Schools. Members absent were ex officios Bruce C. Flack, Interim Chancellor, the West Virginia Higher Education Policy Commission, and James L. Skidmore, Chancellor, the West Virginia Council for Community and Technical College Education.



Mr. Randy Shillingburg, Executive Director, College Summit West Virginia, distributed information and provided the Board an update of College Summit initiatives and activities. (Copy appended to Official Minutes, Attachment A.)


Approval of Agenda

Mrs. Fish requested that Consent Agenda items 4. Waivers of State Board of Education Policies and Regulations, Superintendent's Interpretations and State Statutes and Legislative Rules and 13. Employment of Substitute Teachers in Areas of Critical Need be removed from the Consent Agenda for further discussion.

Upon motion by Mr. Spencer, seconded by Ms. Phillips, the Board unanimously approved the agenda as amended.


Consent Agenda

Upon motion by Mrs. Cook, seconded by Ms. Phillips, the Board unanimously approved items on the Consent Agenda as amended. (Copies appended to Official Minutes, Attachments B-M.)

Meeting minutes of January 11 and 12, 2006 (Attachment B)

Budget supplement and transfer addendum requests for the month of January 2006 as follows: total supplements = $126,841,171 and total transfers = $42,339,324 (Attachment C)

Amendment to the Fayette County Comprehensive Educational Facilities Plan to change the status from permanent to closed for East End Elementary, Scarbro Elementary and Oak Hill Elementary upon completion of the new elementary school (Attachment D)

One notification, per Senate Bill 227, W. Va. Code 18A-4-7a, Transfer of Teachers After Five Days Prior to Starting Instruction, from Hampshire County Schools (Attachment E)

  • Policy 4110, Attendance, for placement on public comment for 30 days (Attachment F)

Policy 4334, West Virginia Minimum Requirements for the Design and Equipment of School Buses (Attachment G)

  • Application to Receive the Federal Fiscal Year 2006 Grant Award Under Part B of the Individuals with Disabilities Education Act (IDEA) as Amended in 2004 for posting on the WVDE website no later than February 17, 2006 (Attachment H)

  • 2006 Notice, Request, and Instructions to Vendors of Instructional Materials (Attachment I)

West Virginia Measures of Academic Progress (WV-MAP) Administration Calendar 2006-2007 to begin on May 14, 2007 (Attachment J)

  • The accreditation status as listed in the individual school reports for Buffalo Middle School, Fort Gay Middle School, and Wayne Middle School and continuance of the Full Approval status of the Wayne County School System (Attachment K)

Unified School Improvement Plans as listed in the attachment (Attachment L)

Five-Year Strategic Unified County Improvement Plans for 55 counties (Attachment M).


Waivers of State Board of Education Policies and Regulations,

Superintendent's Interpretations and State Statutes and Legislative Rules

Mrs. Fish issued concern regarding the instructional time for reading and English/language arts waiver request and Mr. Spencer requested clarification regarding the physical examination of school bus operators waiver request.

Following discussion the instructional time for reading and English/language arts waiver request was removed from the agenda for further investigation.

Upon motion by Mr. Dunlevy, seconded by Ms. Phillips, the Board unanimously approved two (2) requests for continuation of waivers of instructional materials and three (3) requests for new waivers of State Board policy. (Copy appended to Official Minutes, Attachment Mc.)


Employment of Substitute Teachers

in Areas of Critical Need

Following discussion and upon motion by Mrs. Fish, seconded by Ms. Haden, the Board unanimously approved policies for Morgan County Schools and the Office of Institutional Education Programs. (Copy appended to Official Minutes, Attachment N.)



Board Member Reports. Mrs. Hamilton, committee chair, provided a report regarding Wellness Committee activities. President Johnson provided a report of activities he has undertaken since the January meeting and requested a motion to move West Virginia from the National Association of State Boards of Education's (NASBE) northeast region to the southern region. President Johnson also requested nominations for NASBE's Distinguished Service, Policy Leader of the Year and Friend of Education awards.

Upon motion by Mrs. Fish, seconded by Ms. Phillips, the Board unanimously approved the issuance of a request to NASBE the West Virginia be moved to the southern region.

Mrs. Fish moved, and Ms. Haden seconded, that the Board nominate Selby Wellman to receive the Friend of Education award. The motion carried unanimously.

CDC Wellness Policy Institute. Mrs. Fish provided a report regarding the policy institute and also regarding her participation on the Institute of Medicine Committee on Nutrition Standards for Foods in Schools.

Communications Committee. Ms. Liza Cordeiro, Executive Director, Office of Communications, Superintendent's Office, provided a report on behalf of the Communications Committee.

Legislative Monitoring Committee. Dr. Jack McClanahan, Deputy State Superintendent, provided a report on behalf of the Legislative Monitoring Committee.

High Schools for West Virginia's Future Task Force Committee. Ms. Haden, committee chair, provided a report.

Board Employee Evaluation Committee. Ms. Phillips, committee chair, provided a report.



President Johnson called for a break at 10:45 a.m.


Call to Order

President Johnson called the meeting back to order at 11:05 a.m.


Reports (Continued)

State Superintendent's Report. Superintendent Paine distributed information presented Department personnel actions for the Board's information and provided updates regarding the Lincoln, McDowell, Mingo and Hampshire County interventions, the Department's technology plan, 21st Century Learners (attachment), 2007 legislative budget request (attachment) and legal matters. (Copy appended to Official Minutes, Attachment O and addenda.)


WVBE Personnel

Dr. McClanahan presented the Board's personnel items for consideration.

Upon motion by Ms. Haden, seconded by Mr. Dunlevy, the Board unanimously approved the personnel items. (Copy appended to Official Minutes, Attachment P.)


FY '07 Board Meeting Dates and Locations

Dr. McClanahan presented the proposed meeting schedule for FY 2007 and suggested that the Board schedule a visit to McDowell County. Discussion ensued during which it was requested that the October dates be changes to October 4 and 5 and that the October meeting take place in McDowell County.

The Board, by consensus, approved the calendar with the aforementioned changes. (Copy appended to Official Minutes, Attachment Q.)


Board Items for Future Consideration

President Johnson addressed the Board and requested items to be considered for placement on a future agenda. Items for the March agenda shall include: 1) a report on the development of a paperless agenda, 2) update on the Board's strategic plan, and committee meeting updates.


Legal and/or Personnel Matters

As the presiding officer, President Johnson informed the members that he had identified various matters that need to be discussed in Executive Session involving attorney-client privilege, citing W. Va. Code 6-9A-3, and personnel, citing W. Va. Code 6-9A-4(b)(2)(A).

Upon motion by Mrs. Fish, seconded by Mr. Dunlevy, and unanimously carried, the Board entered into Executive Session at 11:40 a.m.


Return from Executive Session

The Board returned from Executive Session at 12:25 p.m. at which time President Johnson announced that no action was taken and no decisions were made.

Mrs. Fish moved that the State Board of Education direct the State Superintendent of Schools to: 1) cause a complete investigation of all financial policies, practices, procedures utilized at RESA I and to report the results of that investigation along with recommendations for any necessary changes in such policies, practices and procedures to the State Board of Education at such time as the investigation is completed; and, 2) appoint a designee to manage and oversee all financial functions of RESA I and that the RESA I Executive Director be required to defer all financial responsibilities to that designee. Ms. Phillips seconded the motion and it was carried unanimously.


Future Meetings

The next regular meeting of the Board will be held March 8-9, 2006 in Charleston, West Virginia.



Upon motion by Ms. Phillips, seconded by Ms. Haden and unanimously carried, the meeting adjourned at 12:27 p.m.

Minutes approved by the Board on March 9, 2006.


Lowell E. Johnson, President


Priscilla M. Haden, Secretary

Minutes were recorded by

Virginia M. Harris

Executive Secretary to

the Board.