MINUTES

WEST VIRGINIA BOARD OF EDUCATION

Board Conference Room

Capitol Building 6, Room 353

1900 Kanawha Boulevard, East

Charleston, West Virginia

March 10, 2009



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 March 10, 2009, 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 Jenny N. Phillips, Robert W. Dunlevy, Burma Hatfield, Lowell E. Johnson, L. Wade Linger Jr., and Gayle C. Manchin and ex officios Steven L. Paine, State Superintendent of Schools, and. Members absent were Barbara N. Fish (attending National Association of State Boards of Education pre-legislative conference on childhood obesity) and ex officios Brian E. Noland, Chancellor, West Virginia Higher Education Policy Commission, and James L. Skidmore, Chancellor, West Virginia Council for Community and Technical College Education.


II. Recognition 


President Cook recognized Ms. Anna Megyesi, WV Virtual School Spanish teacher, recipient of the Southern Regional Education Board’s 2008-2009 Online Teacher Recognition for West Virginia.


III. Delegations


Ms. Desi Garrett and Ms. Kris Phares Snyder, spokespersons for Citizens United for a Better Education, addressed the Board regarding Gilmer County issues.

 

IV. Approval of Agenda


Upon motion by Ms. Haden, seconded by Mr. Dunlevy, the Board unanimously approved the agenda.  


V. Initial Individual School Education Performance Audit Reports

for Memorial Primary School, Whitethorn Elementary School,

and Princeton Primary School, Mercer County


Dr. Kenna R. Seal, Director, Office of Education Performance Audits, reported that Announced on-site reviews were conducted at Memorial Primary, Whitethorn Elementary, and Princeton Primary on February 11–12, 2009.


Upon recommendation of Dr. Seal and a motion by Ms. Haden, seconded by Ms. Phillips, the Board unanimously directed Memorial Primary School to review its Five-Year Strategic Plan within 30 days and correct the findings noted in the report by the next accreditation cycle.  (Copy appended to Official Minutes, Attachment A.) 


VI. Preston County Education Performance Audit Report


Dr. Seal reported that an announced on-site review of the Preston County School System was conducted April 16-18, 2008.  The WVBE reviewed the OEPA report at its June 4, 2008 meeting and gave the county 90 days to develop a corrective action plan to correct the deficiencies in the OEPA report.  The Preston County Corrective Action Plan was presented to the WVBE at its October 2008 meeting.  During its December 2008 meeting, the WVBE directed the OEPA to conduct a targeted education performance audit of the Preston County School District and examine finance, facilities, leadership, and curriculum.  At the direction of the WVBE, an Education Performance Audit was conducted in the Preston County School System January 26-28 and February 17-19, 2009 to conduct a progress review.  

It was the recommendation of the OEPA that the Preston County School System be issued nonapproval status and that extraordinary circumstances exist in the county that constitute major impediments to the provision of education programs and services for students. It was further recommended that since these extraordinary circumstances had been documented and currently exist, delaying intervention by the WVBE into the Preston County School System for any period of time would not be in the best interests of the students of Preston County.

Ms. Phillips moved, and Ms. Hatfield seconded, that the Education Performance Audit Report and recommendation of the OEPA be accepted.  Following discussion and upon the call for the question, the motion was unanimously approved.   (Copy appended to Official Minutes, Attachment B.)

Superintendent Paine issued the following recommendations to the WVBE as a result of the recommendations of the OEPA:

1) that the State Board find, based on the report from the Office of Education Performance Audits, that extraordinary circumstances exist in the Preston County school system

2) that the State Board assign nonapproval status to the Preston County school system

3) that the State Board declare that a state of emergency exists in the Preston school system based on the information presented in the OEPA report

4) that the State Board find that the conditions precedent to State Board intervention in a county school system are present in this instance

5) that the State Board find that it would not be in the best interests of the students of Preston County to delay intervention for any period of time

6) that the State Board limit the authority of the Preston County Board of Education as to the expenditure of funds, the employment and dismissal of personnel, the establishment and operation of the school calendar, the establishment of instructional programs and rules and any other areas designated by the State Board by rule and delegate decision-making authority to the State Superintendent regarding these matters

7) that the State Board delegate to the State Superintendent the authority to conduct hearings on personnel matters and school closure or consolidation matters and subsequently to render the resulting decisions, and the authority to appoint a designee for the limited purpose of conducting hearings while reserving to the State Superintendent the authority to render the resulting decision

8) that the State Board limit the authority of the Preston County Board of Education as to the ability to conduct real estate transactions and delegate to the State Superintendent the authority to act in lieu of the Preston County Board of Education in a transfer, sale, purchase or other transaction regarding real estate

9) that the State Board delegate to the State Superintendent the authority to replace administrators and principals in low performing schools and to transfer them to alternate professional positions within the county at his discretion

10) that the State Board delegate to the State Superintendent the authority to fill positions of administrators and principals with individuals determined by the State Superintendent to be the most qualified for the positions

11) that the State Board declare the office of county superintendent of schools of Preston County to be vacant

12) that the State Board appoint Gus Penix to be the interim Superintendent of Preston County Schools starting March 11, 2009, during which time he shall be on a leave of absence from his position at RESA IV, and that his salary for that period of time be commensurate with the salary of the state appointed superintendent in Lincoln County

13) that the State Board grant the State Superintendent the authority to hire a permanent superintendent to begin employment in Preston County Schools on July 1, 2009 and set his/her salary.   

14) that the State Board direct the Preston County Superintendent and the State Superintendent, after consultation with the Preston County Board of Education, to jointly develop and present to the State Board at a future meeting a set of standards and/or a strategic plan that must be implemented in order for the Preston County Board of Education to regain control of the school system

15) that the State Board direct the Preston County Interim Superintendent and/or Superintendent to provide written and/or oral progress reports to the State Board as requested.

Upon motion by Dr. Johnson, seconded by Mr. Dunlevy, the Board unanimously approved the fifteen recommendations of Superintendent Paine.

VII. Consent Agenda


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


Meeting minutes of February 11 and 12, 2009  (Attachment C)


Budget supplement and transfer requests for the month of February 2008 as follows:  total supplements = $69,062,405 and total transfers = $12,072,155 (Attachment D)


Amendment to the Fayette County Comprehensive Educational Facilities Plan to include an adjustment in the current enrollment, a change in grade configuration at Gauley Bridge Elementary School (from K-5 to PreK-5), the addition of the School Access Safety Repair and Renovation Schedule and a change to the executive summary  (Attachment E)


Amendment to the Hancock County Comprehensive Educational Facilities Plan to include the addition of air conditioning to the existing system at Oak Glen High School  (Attachment F)


Amendment to the Wood County Comprehensive Educational Facilities Plan to include multiple needs and MIP projects throughout the county system


One application for a total of 1,451 applications for Operation Recognition in connection with Policy 4355:  High School Diplomas for Veterans  (Attachment G)


One new waiver of WVBE policy  (Attachment H)


Notification, per Senate Bill 227, W. Va. Code §18A-4-7a, Transfer of Teachers After Five Days Prior to Starting Instruction, from Fayette County Schools  (Attachment I)


Employment of Substitute Teachers in Areas of Critical Need policy for  Mingo County Schools  (Attachment J)


Revised Five‑Year Strategic Plans for Elkins Middle School, Harman Elementary/High School, Pickens Elementary/High School, and Tygarts Valley Middle/High School (Randolph County); Greenbrier West High School (Greenbrier County); and Point Pleasant Primary School (Mason County)  (Attachment K).



VIII. Break


President Cook called for a break at 10:12 a.m.  


IX. Call to Order


President Cook called the meeting back to order at 10:26 a.m. 


X. Reports


Evaluation Committee.  Ms. Phillips requested that members provide comments or suggestions regarding the evaluation instruments and process to her as soon as possible.  Upon motion by Dr. Johnson, seconded by Mrs. Manchin, the Board unanimously accepted the Evaluation Committee report.  Board Member Reports.  Dr. Johnson, Mrs. Manchin, Ms. Haden (distributed information), Mrs. Cook, provided information regarding their participation in a number of meetings and events.  (Copy appended to Official Minutes, Attachment O.)  


State Superintendent’s Report.  Superintendent Paine presented Department personnel actions for the Board’s information and provided an update (distributed information) regarding the Superintendent Forums (assisted by Dr. Karen K. Larry, Executive Assistant to the State Superintendent and Ms. Liza Cordeiro, Executive Director, WVDE Office of Communications), and provided an overview/summary of the American Recovery and Reinstatement Act of 2009 (assisted by Dr. Jack McClanahan, Deputy Superintendent of Schools, and Dr. Jan Barth, Executive Director, WVDE Office of Assessment and Accountability.  Upon motion by Ms. Haden, seconded by Ms. Phillips, the Board unanimously accepted the Superintendent’s report regarding Lincoln, McDowell and Mingo County Schools.  (Copy appended to Official Minutes, Attachment L and addenda.)  


XI. Break


President Cook called for a break for lunch at 12:13 p.m.  



XII. Call to Order


President Cook called the meeting back to order at 12:58 p.m. 



XIII. Reports (Continued)


Legislative Update.  Dr. Jack McClanahan, Deputy Superintendent of Schools, and Mr. Joe Panetta, Executive Director, WVDE Office of School Finance, provided an update regarding legislative matters.  Achieve Alignment Study.  Ms. Carla Williamson, Executive Director, WVDE Office of Instruction, provided information regarding the alignment study of the American Diploma Project (ADP) Benchmarks to the 21st Century Content Standards of Objectives for West Virginia Schools conducted by Achieve, Inc.  West Virginia joins 12 states that have completed the alignment process and emerged with a similar Common Core of college‑ and career-ready standards that align with a critical subset of the ADP English Benchmarks.  West Virginia joins 16 states that have completed the alignment process in Mathematics and emerged with a similar Common Core of college- and career-ready standards that align with a critical subset of the ADP Benchmarks.  (Copy appended to Official Minutes, Attachment M.)  


XIV. WVBE Personnel Matters


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


XV. 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.  President Cook requested the Board’s thoughts regarding three nominations for NASBE annual awards that she would like to pursue; it was the consensus of the Board that President Cook proceed with the nomination process.  (Copy appended to Official Minutes, Attachment N.)  

 

XVI. Future Meetings

The next regular meeting of the Board will be held April 8-9, 2009 in Charleston, West Virginia. Upon motion by Mrs. Manchin, seconded by Ms. Haden, the Board unanimously approved the April meeting date.  


XVII. Adjournment


Upon motion by Ms. Phillips, seconded by Ms. Haden and unanimously carried, the Board adjourned at 2:15 p.m.

 

   Minutes approved by the Board on April 9, 2009.




_______________________________________________

Delores W. Cook, President




_______________________________________________

Jenny N. Phillips, Secretary



   Minutes were recorded by

         Virginia M. Harris

       Secretary to the Board. 

        Wvbeminutes3/10/09 









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