MINUTES

WEST VIRGINIA BOARD OF EDUCATION

Board Conference Room

Capitol Building 6, Room 353

1900 Kanawha Boulevard, East

Charleston, West Virginia

March 9, 2006

I.

President Lowell E. Johnson called the meeting of the West Virginia Board of Education (WVBE) to order at 9:00 a.m. on March 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 James L. Skidmore, Chancellor, the West Virginia Council for Community and Technical College Education, and Bruce C. Flack, Interim Chancellor, the West Virginia Higher Education Policy Commission.

II.

President Johnson requested that the Approval of Agenda be moved to the first order of business and that New Business item A. Amendment - Lincoln County Comprehensive Educational Facilities Plan (CEFP) be moved to immediately follow recognitions. Upon motion by Mrs. Cook, seconded by Mr. Spencer, the Board unanimously approved the agenda as amended.

III.

Due to the large number of delegations wishing to address the Board, President Johnson recessed the meeting to Capitol Building 7, Conference Room C, at 9:06 a.m.

IV.

President Johnson reconvened the meeting in Capitol Building 7, Conference Room C, at 9:15 a.m.

V.

Mr. Ron Forren, Deputy Commissioner, West Virginia Bureau for Public Health, recognized the Board and the Department on the behalf of Child Magazine for health promotion efforts through policy and practice. West Virginia was selected by Child Magazine as one of the ten best states for fitness in schools and was cited as the only state that requires school districts to assess child fitness.

VI.

The following individuals addressed the Board regarding the proposed amendment of the Lincoln County CEFP: Billie Frye, David Lucas (attachment), Thomas Ramey, Jr. (attachment), Elaine Purkey, Lindsey Manns, Adrienne Ramey, Betty Gregory, Debra Browning, Derrick Miller (attachment), Aaron Bailey, Zachery Maynard, Reba Thompson, Harry Kirk, Phyllis Kirk, Norvin Ramey, II, Judith Lambert, Mykel Dingess, Samantha Mathis, Joseph Browning, Robert Thompson and Dollie Lowe. (Copy appended to Official Minutes, Attachment A.)

VII.

President Johnson recognized Superintendent Paine who, along with Dr. Jack McClanahan, Deputy State Superintendent, Ms. Kelli Talbott, Esq., Deputy Attorney General, Office of the Attorney General, Dr. Clacy Williams, Executive Director, School Building Authority of West Virginia, Dr. Kenna Seal, Director, Office of Education Performance Audits, Ms. Rebecca Tinder, former General Counsel to the Board and the Department, Ms. Heather Deskins, General Council to the Board and the Department, and Mr. David Godby, Superintendent, Logan County Schools, provided an historical overview of the CEFP process and addressed questions posed by the Board.

The Lincoln County Board of Education requested approval of an amendment to its CEFP to include:

Short-Term Plans: Priority #1 - boiler upgrades at Guyan Valley Middle School; Priority #2 - replacement of sewer plant at Harts Middle School; and Priority #3 - window replacements countywide with all short-term projects completed before any other projects are proposed.

Long-Range Plans: Priority #1 - construction of new Guyan Valley Middle 6-8; Priority #2 - construction of new Harts School PK-8; Priority #3 - construction of new Duval School PK-8; and Priority #4 - construction of new Hamlin School PK-8.

Immediate Plan: That Harts High School remain open for the 2006-2007 school year and be re-evaluated at that time.

Superintendent Paine recommended that the proposed amendment be approved with the exception of the request to allow Harts High School to remain open for one year and to be re-evaluated at the close of that year.

Upon recommendation of Superintendent Paine and a motion by Ms. Hatfield, seconded by Mrs. Cook, the motion was carried with six members voting yes and three members, Mrs. Fish, Ms. Phillips and Mr. Dunlevy, voting no. (Copy appended to Official Minutes, Attachment B.)

VIII.

President Johnson recessed the meeting to Capitol Building 6, Room 353, at 11:25 a.m.

IX.

President Johnson reconvened the meeting in Capitol Building 6, Room 353, at 12:05 p.m. Mr. Dunlevy and Mrs. Hamilton departed the meeting.

X.

Upon motion by Mr. Spencer, seconded by Mrs. Fish, the Board unanimously approved items on the Consent Agenda. (Copies appended to Official Minutes, Attachments C-Mc.)

Meeting minutes of February 8, 9 and 23, 2006 (Attachment C)

Budget supplement and transfer addendum requests for the month of February 2006 as follows: total supplements = $50,983,058 and total transfers = $18,778,232 (Attachment D)

Employment of Substitute Teachers in Areas of Critical Need policies for Wetzel, Fayette, Mercer, and Brooke County Schools and an amended policy for Hampshire County Schools (Attachment E)

Notifications from Morgan and Hampshire County Schools in compliance with Senate Bill 227, W. Va. Code §18A-4-7a, Transfer of Teachers After Five Days Prior to Starting Instruction (Attachment F)

• Policy 2423, Communicable Disease Control, for placement on public comment for 30 days (Attachment I)

Affected portions of Policy 2520.16, Alternate Academic Achievement Standards for West Virginia Schools, for placement on public comment for 30 days (Attachment J)

• Request from Appalachian Bible College for a waiver to WVBE Policy 5100 (Approval of Educator Personnel Preparation Programs) Section 6.4.2.c, that requires clinical experience (student teaching) to be completed in a public school under the direction of a teacher licensed to teach in the State of West Virginia by the West Virginia Department of Education (WVDE). In this waiver, Appalachian Bible College requested permission to place teacher education candidates in a private school setting under the supervision of a teacher who is fully licensed to teach in the public schools of West Virginia. The waiver was approved until the end of the first semester of the 2006-2007 school year

• 2006 Summer Food Service Program State Plan (Attachment K)

• 2006-2007 School Calendar for the West Virginia Schools for the Deaf and the Blind (Attachment L)

The accreditation status as listed in the individual school report for Ritchie County High School and continuance of the Full Approval status of the Ritchie County School System (Attachment M)

The accreditation status as listed in the individual school report for Spencer Middle School and continuance of the Full Approval status of the Roane County School System (Attachment Mc).

XI.

Board Member Reports. President Johnson, Mrs. Cook and Mrs. Fish provided reports.

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

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. Superintendent Paine and Dr. Karen Huffman, Executive Director, Office of Professional Preparation, and Acting Assistant State Superintendent, Division of Student Support Services, provided a report regarding legislative action.

Wellness Committee. Mrs. Fish, assisted by Ms. Melanie Purkey, Executive Director, Office of Healthy Schools, and Mr. Rick Goff, Executive Director, Office of Child Nutrition, Division of Student Support Services, provided a report.

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

State Superintendent's Report. Superintendent Paine distributed information and presented Department personnel actions for the Board's information and provided updates regarding the Lincoln, McDowell, Mingo and Hampshire County interventions, the Regional Education Service Agency I investigation, distributed an invitation to Board members to attend a graduation ceremony at Scott Teays Elementary School, and announced the appointment of a WVDE advisory council for non-public schools. (Copy appended to Official Minutes, Attachment N and addendum.)

Educational Personnel Data Report 2005. Dr. Huffman, with the assistance of Ms. Serena Starcher, Coordinator, Division of Student Support Services, provided a brief overview of the Educational Personnel Data Report 2005. (Copy appended to Official Minutes, Attachment O.)

XII.

Ms. Heather Deskins, General Counsel to the Board and the Department, distributed information and addressed the Board regarding sale of Hampshire County property to the Hampshire County Development Authority.

In 1999, a private corporation gifted a four acre parcel of land in Hampshire County to the "West Virginia Department of Education" to benefit the West Virginia Schools for the Deaf and the Blind. The gift came with a lease for four radio towers that sit on the property. A private corporation wished to purchase the property for $180,000 in accordance with a recently completed appraisal. After much thought and review by the Attorney General's Office, it was recommended that the transaction be structured as a sale to a public development corporation, Hampshire County Development Authority (HCDA), for $180,000 and that the lease be assigned to HCDA. It was further recommended that the Board should also sign the contract and the deed, because the Department of Education exists to carry out the work of the Superintendent and the Board, and the Board has statutory authority to buy and sell land for the benefit of the West Virginia Schools for the Deaf and the Blind.

Upon motion by Ms. Haden, seconded by Ms. Phillips, the Board unanimously approved the sale and gave the State Board President the authority to sign the contract for sale and the deed when they are complete. (Copy appended to Official Minutes, Attachment P.)

XIII.

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

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

XIV.

Dr. McClanahan presented an amended meeting schedule for FY 2007 for the Board's consideration.

Upon motion by Ms. Phillips, seconded by Mr. Spencer, the Board unanimously approved the calendar as amended. (Copy appended to Official Minutes, Attachment R.)

XV.

President Johnson addressed the Board and requested items to be considered for placement on a future agenda. Items for the April agenda shall include: 1) WVBE strategic plan update, 2) Policy 2520.16, and 3) Wellness and Board Employee Evaluation Committee reports.

XVI.

The next meeting of the Board will be held March 23, 2006 in Charleston, West Virginia. The next regular meeting of the Board will be held April 12-13, 2006 in Lincoln County, West Virginia.

XVII.

Upon motion by Mrs. Cook, seconded by Ms. Hatfield and unanimously carried, the meeting adjourned at 1:14 p.m.

Minutes approved by the Board on April 13, 2006.

___________________________________________

Lowell E. Johnson, President

___________________________________________

Priscilla M. Haden, Secretary

Minutes were recorded by

Virginia M. Harris

Executive Secretary to

the Board.

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