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MINUTES

WEST VIRGINIA BOARD OF EDUCATION

Board Conference Room

Capitol Building 6, Room 353

1900 Kanawha Boulevard, East

Charleston, West Virginia

October 9, 2007

I.  Call to Order

  President Cook called the meeting of the West Virginia Board of Education (WVBE) to order at 10:00 a.m. on October 9, 2007, in the Board Conference Room, Capitol Building 6, Room 353, 1900 Kanawha Boulevard, East, Charleston, West Virginia.

  The following members were present:  President Delores W. Cook, Vice President Priscilla M. Haden, Secretary Ronald B. Spencer, Robert W. Dunlevy, Burma Hatfield, Lowell E. Johnson, Gayle C. Manchin, and Jenny N. Phillips, and ex officios Steven L. Paine, State Superintendent of Schools, James L. Skidmore, Chancellor, West Virginia Council for Community and Technical College Education, and Brian E. Noland, Chancellor, West Virginia Higher Education Policy Commission.  Student representative in attendance was Cameron F. Wilson of Spencer who attends Roane County High School.  Member absent was Barbara N. Fish.   

II. Approval of Agenda

  Upon motion by Mrs. Manchin, seconded by Dr. Johnson, the Board unanimously approved the agenda.

III. Approval of Exemplary Accreditation Status Career/Technical

  Education Schools/Programs

  Dr. Kenna R. Seal, Director, Office of Education Performance Audits (OEPA), distributed a corrected attachment, presented performance data for schools and recommended that the schools found in the corrected attachment be awarded Exemplary Accreditation status. 

  Upon recommendation of Dr. Seal and a motion by Ms. Haden, seconded by Ms. Phillips, the Board unanimously approved Exemplary Accreditation status for the schools listed in the attachment.  (Copy appended to Official Minutes, Attachment A and addendum.)

IV. Second Follow-up Individual School Education Performance

  Audit Report for Peterstown Middle School, Monroe County

  Dr. Seal reported that an Individual School Education Performance Audit was conducted at Peterstown Middle School on December 1, 2004; a Follow-up Education Performance Audit Team returned to Peterstown Middle School to verify correction of the findings; and a Second Follow-up Team returned to Peterstown Middle School September 13-14, 2007 to verify correction of the noncompliances remaining from the original Education Performance Audit. 

  Upon recommendation of Dr. Seal and a motion by Mr. Dunlevy, seconded by Dr. Johnson, the Board declared that extraordinary circumstances exist, issued low performing status to Peterstown Middle School in accordance with the provisions of W. Va. Code §18-2E-5, gave the school a May 31, 2010 Date Certain, and continued the Full Approval status of the Monroe County School System.  (Copy appended to Official Minutes, Attachment B.)

V.  Consent Agenda

  Upon motion by Dr. Johnson, seconded by Ms. Haden, the Board unanimously approved the Consent Agenda.  (Copies appended to Official Minutes, Attachments C through O.)

· Meeting minutes of September 12 and 13, 2007  (Attachment C)

· Budget supplement and transfer requests for the month of September 2007 as follows: total supplements = $19,276,922 and total transfers = $30,910,754 (Attachment D)

· Amendment to the Greenbrier County Comprehensive Educational Facilities Plan to allow Rainelle Elementary School and Crichton Elementary School to maintain their community school status rather than being consolidated (Attachment E)

· Amendment to the Jackson County Comprehensive Educational Facilities Plan for the renovation (instead of replacement) of the cafeteria and kitchen and the construction of four additional classrooms at Fairplain Elementary (Attachment F)

· Amendment to the Mason County Comprehensive Educational Facilities Plan for significant renovations (as listed in the attachment) and the addition of a Pre-K classroom to Beale Elementary School  (Attachment G)

· Amendment to the Monongalia County Comprehensive Educational Facilities Plan to change the grade figurations at the following schools:  1) Cheat Lake Elementary from K-4 to PreK-5, 2) Cheat Lake Middle from 5‑8 to 6-8, 3) Daybrook from K‑4 to PreK-2, and 4) Mason-Dixon from K-6 to PreK-5 (Attachment H)

· Amendment to the Tucker County Comprehensive Educational Facilities Plan for updating of the HVAC system at Davis Thomas Elementary (Attachment I)

· Three requests for new waivers of instructional materials and three requests for continuation of waivers of instructional materials  (Attachment J)

· Notifications, per Senate Bill 227, W. Va. Code §18A-4-7a, Transfer of Teachers After Five Days Prior to Starting Instruction, from Hancock, Lewis and Wood County Schools  (Attachment K)

· Appointment of Cynthia Allred to the Educator Preparation Program Review Board  (Attachment L)

· 2008 State Administrative Expense (SAE) Plan for Child Nutrition  (Attachment M)

· Appointments to the West Virginia Instructional Materials Advisory Committee (WVIMAC)  (Attachment Mc)

· Notice, Request and Instructions to Vendors of Instructional Materials (2008 Call)  (Attachment N)

· Cabell Midland High School the accreditation status listed in the individual school report and continued the Full Approval status of the Cabell County School System (Attachment O).

VI.  Reports

  Board Member/Committee Reports.  President Cook, Ms. Haden (distributed information), Mrs. Manchin, and Dr. Johnson provided reports regarding activities in which they participated since the last meeting.  Mrs. Manchin reminded members of the upcoming Vision Shared reception/dinner at the Governor’s Mansion on October 14.

  Upon motion by Dr. Johnson, seconded by Ms. Phillips, the Board unanimously accepted the Board reports.  (Copy appended to Official Minutes, Attachment Z.)

  State Superintendent’s Report.  Superintendent Paine presented Department personnel actions (Attachment P) for the Board’s information, provided updates in Lincoln, McDowell and Mingo Counties, provided an overview of the America Competes Act, and with the assistance of Dr. Jan Barth, Executive Director, WVDE Office of Assessment/Accountability, Ms. Terry Reale, Coordinator, and Ms. Lou Maynus, Coordinator, WVDE Office of Instruction, provided information (Attachment Q) regarding West Virginia’s performance on the 2007 NAEP reading and mathematics.  (Copies appended to Official Minutes, Attachments P and Q.)

VII.  Break

  President Cook called for a break at 11:12 a.m.

VIII.  Call to Order

  President Cook called the meeting back to order at 11:27 a.m.  Dr. Noland joined the meeting.

IX. Reports (Continued)

Salem International University’s Progress toward Meeting Standards.  Mr. Nathan Estel, Executive Director, and Ms. Donna Peduto, Coordinator, WVDE Office of Professional Preparation, provided a progress report regarding Salem International University’s progress toward meeting educator preparation program standards.  (Copy appended to Official Minutes, Attachment R.)

X. Policy 2445.40, Groupings for Textbook Adoption for

   Early Childhood Education, Middle Childhood Education,

  and Adolescent Education

  Ms. Monica Beane, Coordinator, WVDE Office of Instruction, presented Policy 2445.40 for the Board’s consideration.  Policy 2445.40 provides an adoption cycle for instructional materials and is being amended to place proposed changes in the Family and Consumer Science and Vocational Agriculture areas in the adoption cycle on public comment for 30 days.

Upon motion by Dr. Johnson, seconded by Ms. Hatfield, the Board placed section 5 and Appendix A of Policy 2445.40 on public comment for 30 days.  (Copy appended to Official Minutes, Attachment S.)

XI. Policy 2445.41, "Textbooks" Adoption:  Notice, Request,

and Instructions to Publishers

  Ms. Beane presented Policy 2445.41 for the Board’s consideration.  Policy 2445.41 provides instructions and guidelines for vendors to follow during the adoption cycle.  Changes are proposed that will remove the requirement of an official state sample to be stored for a period of six years and will allow instructional materials bids to be submitted electronically.

Upon motion by Mrs. Manchin, seconded by Mr. Dunlevy, the Board placed sections 3, 5, 6, 7 and 10 of Policy 2445.41 on public comment for 30 days.  (Copy appended to Official Minutes, Attachment T.)

XII.  Policy 5202, Minimum Requirements for the

Licensure of Professional/Paraprofessional Personnel

and Advanced Salary Classifications

  Mr. Estel presented Policy 5202 for the Board’s consideration.  Since the policy’s August amendment, four additional Advanced Credentials have been created:  Mentor Teacher, Master Mentor Teacher, Advanced Placement Teacher and Educator 21 endorsement.  The Educator 21 endorsement recognizes educators who have completed rigorous professional development or coursework based on the principles or 21st century teaching and learning.  In addition to these changes, two additional endorsements to the Professional Teaching Certificate are being added, Chemistry through Chemistry I and Business/Marketing.

Upon motion by Mr. Dunlevy, seconded by Ms. Haden, the Board unanimously placed section 24 and Appendix A of Policy 5202 on public comment for 30 days.  (Copy appended to Official Minutes, Attachment U.)

XIII. Policy 5100, Approval of Educational Personnel Preparation Programs

  Mr. Estel presented Policy 5100 for the Board’s consideration.  Due to proposed changes in Policy 5202, Policy 5100 must be amended to include two additional endorsements to the Professional Teaching Certificate:  Chemistry through Chemistry I and Business/Marketing.

Upon motion by Dr. Johnson, seconded by Ms. Phillips, the Board unanimously placed Appendix D and Appendix E of Policy 5100 on public comment for 30 days.  (Copy appended to Official Minutes, Attachment V.)

XIV. Teacher Shortage:  Mathematics, the Sciences and World Languages

  Mr. Estel reported that at its September meeting, the Board requested information regarding projected teacher shortages in West Virginia's public schools.  Using information from the Educational Personnel Data Reports and summaries of proven practices in recruiting and preparing qualified teachers, an initial report was prepared and that it was recommended that a stakeholder group be convened.  Discussion ensued during which it was suggested that all subject areas be examined by the stakeholder group.  Ms. Judy Hale, President of the American Federation of Teachers-West Virginia, Mr. Charles Delauder, President of the West Virginia Education Association, Dr. Rosalyn Templeton, Executive Dean, College of Education and Human Services, Marshall University, and Dr. Noland addressed the Board regarding the teacher shortage report and the convening of a stakeholder group.  Dr. Noland volunteered to serve on the stakeholder group. 

  Upon motion by Dr. Johnson, seconded by Ms. Haden, the Board unanimously approved the convening of a stakeholder group to examine the issues that impact the ability of county boards of education to attract and retain qualified teachers in the areas of mathematics, the sciences and world languages.  President Cook requested that Board members inform her or Superintendent Paine if they would be interested in serving on the stakeholder group.  (Copy appended to Official Minutes, Attachment W.)

XV.  Break

  President Cook called for a break for lunch at 12:50 p.m.

XVI.  Call to Order

  President Cook called the meeting back to order at 1:28 p.m. 

XVII.  WVBE Personnel Matters

  Upon motion by Mr. Dunlevy, seconded by Ms. Phillips, the Board unanimously approved the Board’s personnel items.  (Copy appended to Official Minutes, Attachment X.)

XVIII.  Board Items for Future Consideration

  President Cook requested that items to be considered for placement on a future agenda to be provided to her, Superintendent Paine or Dr. McClanahan as soon as possible. Dr. Johnson requested an update regarding the parent and community involvement initiative to be scheduled for the November meeting.  (Copy appended to Official Minutes, Attachment Y.)

XIX. Executive Session

Selection of Schools and County School Systems

for Education Performance Audits

  Upon motion by Dr. Johnson, seconded by Ms. Hatfield, the Board unanimously moved into Executive Session at 1:31p.m., in accordance with W. Va. Code §18-2E-5(k)(l), to discuss the selection of schools and county school systems for Education Performance Audits.

XX. Return from Executive Session

  The Board returned from Executive Session at 1:44 p.m. at which time President Cook announced that no action was taken.

XXI. Executive Session

  Report on SSAC’s Petition for Appeal in the Case of

O. J. Mayo v. West Virginia Secondary Schools Activities Commission

  As the presiding officer, President Cook informed the members that she had identified a legal matter that needed 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. Manchin, seconded by Ms. Phillips, the Board unanimously moved into Executive Session at 1:45 p.m.

XXII.  Return from Executive Session

  The Board returned from Executive Session at 2:10 p.m. at which time President Cook announced that no action was taken.

  President Cook asked if there was a motion as a result of the Executive Session.  Dr. Johnson moved that the Board file an amicus brief in O. J. Mayo v. West Virginia Secondary Schools Activities Commission.  Ms. Phillips seconded the motion and it was carried unanimously. 

XXIII. Plan of Action in Berkeley County Education Association vs.

West Virginia Board of Education

  Dr. Tom Witt (West Virginia University) and Dr. Cal Kent (Marshall University) distributed and presented a cost-of-living plan for the Board’s consideration. 

  Mrs. Manchin moved that the plan be adopted and submitted to the Legislature.  Mr. Dunlevy seconded the motion and it was carried unanimously.  (Copy appended to Official Minutes, Attachment AA.)

 XXIV.  Future Meetings

  The next regular meeting of the Board will be held November 14-15, 2007 in Charleston, West Virginia. 

XXV. Adjournment

  Upon motion by Ms. Hatfield, seconded by Ms. Phillips and unanimously carried, the Board adjourned at 2:30 p.m.

    Minutes approved by the Board on November 15, 2007.

    _______________________________________________

  Delores W. Cook, President

_______________________________________________

   Ronald B. Spencer, Secretary

Minutes were recorded by

Virginia M. Harris

Executive Secretary to the Board.

   Wvbeminutes10/9/07