WEST VIRGINIA BOARD OF EDUCATION
Board Conference Room
Capitol Building 6, Room 353
1900 Kanawha Boulevard, East
Charleston, West Virginia
February 14, 2008
I. Call to Order
President Delores W. Cook called the meeting of the West Virginia Board of Education (WVBE) to order at 9:00 a.m. on February 14, 2008, in the Board Conference Room, Capitol Building 6, Room 353, 1900 Kanawha Boulevard, East, Charleston, West Virginia.
The following members were present: President Cook, Vice President Priscilla M. Haden, Secretary Ronald B. Spencer, Robert W. Dunlevy, Barbara N. Fish, Burma Hatfield, Lowell E. Johnson, Gayle C. Manchin, and Jenny N. Phillips, and ex officios Steven L. Paine, State Superintendent of Schools, and Brian E. Noland, Chancellor, West Virginia Higher Education Policy Commission. Student representative in attendance was Mitchel Kawash of Charleston who attends George Washington High School. Member absent was ex officio James L. Skidmore, Chancellor, West Virginia Council for Community and Technical College Education
Ms. Cindy Rader (script of remarks provided for the official record), Ms. Lisa Cochran, Ms. Eula Ewing, and Ms. Marion Burdette (distributed photographs and attached to the official record), all of Fayette County, addressed the Board regarding the proposed closure of Nuttall Middle School. (Copy appended to Official Minutes, Attachment P.)
III. Approval of Agenda
Ms. Haden requested that Consent Agenda item 3. Amendment/Closure – Fayette County Comprehensive Educational Facilities Plan (CEFP) be removed from the Consent Agenda for discussion. Upon motion by Dr. Johnson, seconded by Ms. Phillips, the Board unanimously approved the agenda as amended with the Fayette County CEFP amendment to be taken up following the Robes to Schools update.
IV. Robes to Schools Update, Mock Trial Program and
Comic Book/Graphic Novel about the Court System
Chief Justice Elliott E. Maynard (distributed information), West Virginia Supreme Court of Appeals, provided an update regarding the Robes to Schools and provided information regarding two proposed outreach programs, 1) Mock Trial program, and 2) provision of a graphic novel about the court system to all civics classrooms in West Virginia for the Board’s consideration. Following discussion, the Board, by consensus, unanimously issued support for the proposed programs. (Copy appended to Official Minutes, Attachment Q.)
V. Consent Agenda
Upon motion by Dr. Johnson, seconded by Ms. Phillips, the Board unanimously approved the Consent Agenda as amended. (Copies appended to Official Minutes, Attachments A through C and E through M.)
· Meeting minutes of January 9 and 10, 2008 (Attachment A)
· Budget supplement and transfer requests for the month of January 2008 as follows: total supplements = $250,531,725 and total transfers = $14,073,427 (Attachment B)
· Amendment to the Doddridge County Comprehensive Educational Facilities Plan to include approval of the Doddridge County School Access Safety Plan (Attachment C)
· Amendment to the Kanawha County Comprehensive Educational Facilities Plan to include approval of the Kanawha County School Access Safety Plan
· Amendment to the Marion County Comprehensive Educational Facilities Plan to include the construction of a new East Fairmont Middle School; renovation of North Marion High School, Fairmont Senior High School, and East Fairmont High School; and additions and improvements to East Park Elementary, Barrackville Elementary/Middle School, Blackshere Elementary, East Dale Elementary, Fairview Elementary, Jayenne Elementary, Monongah Elementary, Pleasant Valley Elementary, Watson Elementary, and White Hall Elementary (Attachment E)
· Amendment to the Monroe County Comprehensive Educational Facilities Plan to include approval of the Monroe County School Safety Access Plan and a renovation/addition at Peterstown Middle School involving the total renovation and extension of the restroom area and dressing room area (Attachment F)
· Amendment to the Nicholas County Comprehensive Educational Facilities Plan to include approval of the Nicholas County School Safety Access Plan (Attachment G)
· One request for a new waiver of WVBE policy, three requests for continuation of a waiver of WVBE policy, and three requests for continuation of a waiver of textbook/instructional (Attachment H)
· Notifications, per Senate Bill 227, W. Va. Code §18A-4-7a, Transfer of Teachers After Five Days Prior to Starting Instruction, from Fayette, Hardy and Raleigh County Schools (Attachment I)
· Employment of Substitute Teachers in Areas of Critical Need policy for Fayette, Hardy, Kanawha and McDowell County Schools and the Office of Institutional Educational Programs (Attachment J)
· Policy 4110, Attendance, for placement on public comment for 30 days (Attachment K)
· West Virginia State Plan for Implementation of the Summer Food Service Program 2008 (Attachment L)
· Amendment to the Office of Institutional Education Programs Employee Handbook (Attachment M)
· West Virginia Schools for the Deaf and the Blind retirement bonus policy.
VI. Amendment/Closure – Fayette County Comprehensive
Educational Facilities Plan (CEFP)
Mr. Chris Perkins, Superintendent of Fayette County Schools, and Mr. Bill Elswick, Executive Director, WVDE Office of School Facilities, addressed the Board regarding the proposed closure of Nuttall Middle School.
Following discussion and upon motion by Mr. Dunlevy, seconded by Mrs. Manchin, action regarding this item was removed from the agenda. (Copy appended to Official Minutes, Attachment D.)
President Cook called for a break at 10:22 a.m. Mr. Dunlevy departed the meeting.
VIII. Call to Order
President Cook called the meeting back to order at 10:41 a.m.
Board Member/Committee Reports. Mrs. Cook, Ms. Haden, Ms. Phillips, Mrs. Manchin, Mrs. Fish, and Dr. Johnson provided information regarding their participation in a number of meetings and events.
Learning First Affiliate Update. Dr. Johnson provided an update regarding the Learning First Affiliate initiative.
Dr. Johnson moved, per the discussion of February 13, that the Jobs Cabinet professional and student rights and responsibilities in learning work product be considered during the revision of the student code of conduct and parental involvement policies and that it also be considered for utilized at the LSIC/local level. Ms. Haden seconded the motion and it was unanimously approved.
Dr. Johnson provided information regarding the Tough Choices or Tough Times presentation that was discussed on February 13. Following discussion, Dr. Johnson moved that the Board seek an interpretation from the Attorney General regarding the Board’s constitutional authority, the Board’s relationship to county boards, and impact of action suggested in Tough Choices or Tough Times in correlation to the Recht decision, funding sources and waiver process(es). Ms. Hatfield seconded the motion and upon the call for the question the motion failed.
President Cook called for a break at 11:50 a.m. Chancellor Noland and Mrs. Manchin departed the meeting.
XI. Call to Order
President Cook called the meeting back to order at 12:04 p.m.
XII. Reports (Continued)
Ms. Heather L. Deskins, General Counsel to the Board and the Department, and Dr. Kenna R. Seal, Director, Office of Education Performance Audits, addressed concerns regarding parliamentary procedure and Dr. Johnson’s motion for an Attorney General’ opinion and the subsequent vote. Dr. Johnson stated that, should the motion be found to be out of order, that said motion and the accompanying vote, be removed from the minutes. Attorney Deskins stated that she would research this matter and provide clarification within the next week. Attorney Deskins, when questioned about the rights and responsibilities motion, indicated that this motion was not out of order as it was unnecessary and could have been approved by the Board through consensus.
Policy 6200 Rewrite Committee Update. Mrs. Fish provided an update regarding the rewrite of Policy 6200, Handbook on Planning School Facilities.
WVBE Professional Development Goals/Plan Update. Dr. Karen K. Larry, Executive Assistant to the State Superintendent, and Dr. Patricia S. Kusimo, CEO, West Virginia Center for Professional Development, provided an update regarding the Board’s professional development goals and plan. (Copy appended to Official Minutes, Attachment R.)
State Superintendent’s Report. Superintendent Paine presented Department personnel actions for the Board’s information, provided updates in Lincoln, McDowell and Mingo Counties, provided brief overviews of numerous meetings and events attended, and updates regarding department initiatives. Dr. Jack McClanahan, Deputy State Superintendent, and Mr. Terry Harless, Executive Director, WVDE Office of Internal Operations, distributed information for the Board’s review and discussion regarding the number WVDE employees as of January 31, 2008. Ms. Lydia McCue, WVDE contractual employee, distributed and provided an overview of a document entitled 21st Century Leadership Support and Development Collaborative: A Process for Improving Educational Leadership in West Virginia Schools. (Copies appended to Official Minutes, Attachment Mc and addenda.)
XIII. WVBE Personnel Matters
Upon motion by Dr. Johnson, seconded by Ms. Hatfield, the Board unanimously approved the Board’s personnel items. (Copy appended to Official Minutes, Attachment N.)
XIV. Board Items for Future Consideration
President Cook requested that members wishing items to be considered for placement on a future agenda to be provided to her, Superintendent Paine or Dr. McClanahan as soon as possible. Superintendent Paine and Dr. Johnson requested that an item be placed on the agenda for information and action pertaining to Tough Choices and Tough Times. (Copy appended to Official Minutes, Attachment O.)
President Cook recognized Mr. Kawash for his service to the Board as the student representative to the Board during the months of December, January and February.
XV. Future Meetings
Upon motion by Ms. Phillips, seconded by Dr. Johnson, the Board unanimously changed the next regular meeting date of the Board from March 12-13, 2008 to March 11-12, 2008. The meeting will take place in Charleston, West Virginia.
Upon motion by Ms. Haden, seconded by Ms. Phillips and unanimously carried, the Board adjourned at 1:19 p.m.
Minutes approved by the Board on March 12, 2008.
Delores W. Cook, President
Ronald B. Spencer, Secretary
Minutes were recorded by
Virginia M. Harris
Executive Secretary to the Board.