MINUTES

WEST VIRGINIA BOARD OF EDUCATION

Lincoln County Schools

Yeager Career Center, Room 107

10 Marland Avenue

Hamlin, West Virginia

April 13, 2006

I.

President Lowell E. Johnson called the meeting of the West Virginia Board of Education (WVBE) to order at 9:20 a.m. on April 13, 2006, in Room 107 at the Yeager Career Center, 10 Marland Avenue, Hamlin, West Virginia.

The following members were present: President Johnson, Vice President Delores W. Cook, Secretary Priscilla M. Haden, Barbara N. Fish, Robert W. Dunlevy, Burma Hatfield, and Ronald B. Spencer, and ex officios Steven L. Paine, State Superintendent of Schools, and Bruce C. Flack, Interim Chancellor, the West Virginia Higher Education Policy Commission. Members absent were Sheila M. Hamilton, Jenny N. Phillips and ex officio James L. Skidmore, Chancellor, the West Virginia Council for Community and Technical College Education.

II.

Dr. Lyn Guy, Superintendent, Monroe County Schools and member of the Regional Education Service Agency (RESA) I Regional Council, addressed the Board in support of Ms. Carol Morgan, Executive Director of RESA I. (Copy of remarks appended to Official Minutes, Attachment A.)

III.

President Johnson removed Consent Agenda item 2. Multi-County Career and Technical Centers Ten Year Comprehensive Educational Facilities Plan (CEFP) from the agenda and Mrs. Fish requested Consent Agenda item A. Approval of the Minutes and B.3. Office of School Facilities, Facility Reviews be removed from the Consent Agenda for discussion. President Johnson moved the requested items to immediately follow the Approval of the Agenda. Upon motion by Mr. Spencer, seconded by Mrs. Cook, the Board unanimously approved the agenda as amended.

IV.

Mrs. Fish moved that the Board reconsider the action found in the March 9, 2006 minutes at number seven on page two regarding the amendment to the Lincoln County Comprehensive Educational Facilities Plan and specifically the closure of Harts High School. Ms. Hatfield called for a point of order in that such a motion can only be made by one who voted with the prevailing side. President Johnson called for a motion from the prevailing side; no motion from the prevailing side was offered.

Upon motion by Ms. Hatfield, seconded by Ms. Haden, the Board unanimously approved the minutes as presented. (Copy appended to Official Minutes, Attachment B.)

V.

Mrs. Fish requested an explanation regarding the change in the process used for the facility reviews. Mr. Bill Elswick, Executive Director, Office of School Facilities, Division of Student Support Services, distributed information and provided clarification regarding the facility review process. Following discussion, Superintendent Paine stated that a study of the process will be undertaken prior to future reviews.

Upon motion by Mr. Dunlevy, seconded by Mrs. Cook, the Board unanimously approved the facility reviews. (Copy appended to Official Minutes, Attachment C and addendum.)

VI.

Upon motion by Mr. Spencer, seconded by Ms. Hatfield, the Board unanimously approved items on the Consent Agenda as amended. (Copies appended to Official Minutes, Attachments D-M.)

Budget supplement and transfer addendum requests for the month of March 2006 as follows: total supplements = $31,064,683 and total transfers = $42,846,444 (Attachment D)

• Forty-one (41) county summer school applications representing summer school at 100 county locations (Attachment G)

• Policy 2325, High Quality Standards for Juvenile Institutional Education Programs for placement on public comment for 30 days (Attachment H)

• Policy 2520.16, Alternate Academic Achievement Standards for West Virginia Schools  (Attachment I)

• Policy 4110, Attendance (Attachment J and addendum)

• 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  (Attachment K)

Alternate Performance Task Assessment (APTA) Cut Scores and Performance Descriptors by grade level and content area  (Attachment L)

• 2004-2005 Instructional Materials Depository Annual Report  (Attachment M)

Board Member Reports. President Johnson, Mr. Spencer and Mrs. Fish provided reports. President Johnson requested approval, with flexibility to make modifications as necessary, of a proposed agenda for a Board member professional development session scheduled for June.

Upon motion by Mrs. Cook, seconded by Ms. Haden, the Board unanimously approved the agenda with flexibility to modify as necessary.

Communications Committee. Ms. Liza Cordeiro, Executive Director, Office of Communications, Superintendent's Office, distributed information and provided a report on behalf of the Communications Committee. (Copy appended to Official Minutes, Attachment O.)

Wellness Committee. Mrs. Fish provided an overview of the development of the West Virginia Board of Education Position Statement on Local Wellness Policies. Ms. Melanie Purkey, Executive Director, Office of Healthy Schools, and Mr. Richard Goff, Executive Director, Office of Child Nutrition, Division of Student Support Services, Dr. Howard O'Cull, Executive Director, West Virginia School Boards Association, and Dr. Guy, addressed questions regarding the position statement.

Mrs. Fish moved, and Mr. Dunlevy seconded, that the position statement be approved. Following discussion, Ms. Haden moved and Ms. Hatfield seconded that the motion be tabled. Discussion ensued during which clarification was provided that the position statement is to provide guidance and is not regulatory in nature. Upon this assurance, Ms. Haden and Ms. Hatfield withdrew their motion to table and upon the call for the question the original motion was carried unanimously. (Copy appended to Official Minutes, Attachment P.)

Mrs. Fish further requested a State Superintendent's Interpretation be issued to clarify W. Va. Code §18-2-6a and to reconcile and align WVBE Policy 4321.1, Standards for School Nutrition and Federal Regulation 7 CFR, Parts 210 and 220 governing the National School Lunch Program and School Breakfast Program concerning beverage sales in public schools.

VIII.

President Johnson called for a break at 10:50 a.m.

IX.

President Johnson called the meeting back to order at 11:00 a.m.

X.

High Schools for West Virginia's Future Task Force Committee. Ms. Haden, committee chair, provided a report and introduced Heather Deskins, Esq., General Counsel to the Board and the Department, who provided information regarding a State Superintendent's Interpretation regarding attendance to be released within the week.

Board Employee Evaluation Committee. Ms. Haden provided a report and brief overview of the proposed appraisal instruments.

Upon motion by Mrs. Cook, seconded by Ms. Hatfield, the Board unanimously approved the appraisal instruments. (Copy appended to Official Minutes, Attachment Q.)

State Superintendent's Report. Superintendent Paine distributed information and presented an amendment to the Department personnel actions for the Board's information and provided updates regarding the 2006-2007 budget, hiring of Dr. Brian Noland as Chancellor of the West Virginia Higher Education Policy Commission, 21^st Century Skills activities (assisted by Ms. Lydia McCue, Special Assistant to the State Superintendent, Division of Special Projects - Superintendent's Center for 21^st Century Schools), the receipt of a clear title to the property in Mingo County for construction of the new high school (assisted by Kelli D. Talbott, Esq., Deputy Attorney General, West Virginia Office of the Attorney General), the Lincoln, McDowell, Mingo and Hampshire County interventions, and legislative and legal matters. (Copy appended to Official Minutes, Attachment R and addenda.)

WVBE Strategic Plan Update. President Johnson reported that he and Ms. Karen Larry, Executive Assistant to the State Superintendent, Superintendent's Office, will provide a written progress report to the Board in the near future.

XI.

President Johnson called for a motion to approve the Board's personnel items. Upon motion by Ms. Hatfield, seconded by Mr. Dunlevy, the Board unanimously approved the personnel items. (Copy appended to Official Minutes, Attachment S.)

XII.

Agency Executive Director and Possible Appointment

of Interim Executive Director and

Consideration of Disciplinary Action Against a West Virginia

Schools for the Deaf and the Blind Substitute Bus Operator

President Johnson called for a motion to enter into executive session as provided in W. Va. Code §§6-9A-4(b)(2)(A) (personnel exception).

Mr. Erwin Conrad, attorney for RESA I Executive Director, addressed the Board regarding his opinion as to the proper procedure for disciplinary action against a RESA Executive Director and reported that the Executive Director of RESA I has tendered her resignation at the end of her term and that said resignation has been accepted by the regional council. Mr. Conrad requested a continuance and that any debate regarding disciplinary action be held in open session.

Superintendent Paine clarified that no witnesses would be called and that the request to delay action would be addressed in open session.

Ms. Deskins stated that no hearing was contemplated, as evidenced in the agenda, provided clarification regarding the rights of at-will employees, and explained that a motion to continue was improper.

Upon recommendation of Superintendent Paine and upon motion by Ms. Hatfield, seconded by Mr. Dunlevy and unanimously carried, the Board entered into Executive Session at 11:50 a.m. to consider matters involving attorney-client privilege as provided in W. Va. Code §6-9A-3.

XIII.

The Board returned from Executive Session at 12:23 p.m. at which time President Johnson announced that no action was taken and no decisions were made.

Discussion ensued regarding the noticing of meetings, agenda item language, action from the previous meeting regarding the disciplinary action against the RESA I Executive Director, and the timeline for Ms. Morgan's return to the United States.

Ms. Haden moved that the Board delay action on the consideration of disciplinary action against the RESA I Executive Director for ten to 12 days and that Ms. Morgan be directed to be in attendance at the time of the meeting to consider this issue.

Mrs. Fish offered a friendly amendment to the motion to allow the return of Ms. Morgan to attend the meeting should it exceed ten to 12 days.

Ms. Haden amended her motion to change the date to May 1, 2006.

Discussion ensued regarding a date for the consideration of this action.

Ms. Haden amended her motion to state that any action regarding the consideration of disciplinary action against the RESA I Executive Director be delayed to a date to be determined at a later time and that Ms. Morgan be directed to attend said meeting.

Mrs. Fish seconded the motion and it was carried with six members voting yes and one member, Ms. Hatfield, voting no.

Mr. Dunlevy moved, and Mr. Spencer seconded, that Ms. Betty Loy, substitute bus operator for the West Virginia Schools for the Deaf and the Blind, be suspended without pay for 30 days commencing April 1, 2006. The motion carried unanimously.

XIV.

President Johnson addressed the Board and requested items to be considered for placement on a future agenda be provided to him.

XV.

The next regular meeting of the Board will be held May 10-11, 2006 in Hardy County, West Virginia with Mrs. Cook presiding.

XVI.

Upon motion by Ms. Haden, seconded by Mrs. Cook and unanimously carried, the meeting adjourned at 12:40 p.m.

Minutes approved by the Board on May 11, 2006.

___________________________________________

Delores W. Cook, Vice President

___________________________________________

Priscilla M. Haden, Secretary

Minutes were recorded by

Virginia M. Harris

Executive Secretary to

the Board.

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