Board Conference Room

Capitol Building 6, Room 353

1900 Kanawha Boulevard, East

Charleston, West Virginia

October 8, 2009

I. Call to Order

  President Priscilla M. Haden called the meeting of the West Virginia Board of Education (WVBE) to order at 9:00 a.m. on October 8, 2009, in the Board Conference Room, Capitol Building 6, Room 353, 1900 Kanawha Boulevard, East, Charleston, West Virginia.

The following members were present:  President Haden, Vice President Jenny N. Phillips, Barbara N. Fish, Burma Hatfield, Lowell E. Johnson, and Gayle C. Manchin, and ex officio Steven L. Paine, State Superintendent of Schools.  Student representative in attendance was Jordan Lovejoy of Pineville who attends Wyoming East High School.  Members absent were Secretary Robert W. Dunlevy, Delores W. Cook, L. Wade Linger Jr., 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. Approval of Agenda

President Haden moved the delegations portion of the agenda to be taken up upon the arrival of the delegation.  Upon motion by Mrs. Manchin, seconded by Ms. Phillips, the Board unanimously approved the agenda as amended.


III. Consent Agenda

Upon motion by Mrs. Fish, seconded by Ms. Phillips, the Board unanimously approved the Consent Agenda.  (Copies appended to Official Minutes, Attachments A through M.)

Meeting minutes of  September 9, 10, and 23, 2009  (Attachment A)

Amendment to the Roane-Jackson Technical Center Comprehensive Educational Facilities Plan to include caulking joints of the precast concrete slabs that make up the exterior facade, repaving of the service area and replacement of the ventilation system in the welding shop  (Attachment B)

Amendment to the South Branch Career and Technical Center Comprehensive Educational Facilities Plan to include air filtration systems for the welding shop, masonry lab, and building construction shop  (Attachment C)

Amendment to the Monongalia County Comprehensive Educational Facilities Plan to include six additional classrooms at Mason Dixon Elementary School and fifteen additional classrooms at Brookhaven Elementary School (Attachment D)

Amendment to the Taylor County Comprehensive Educational Facilities Plan to include replacement of the stage rigging equipment at Grafton High School (Attachment E)

Amendment to the Wyoming County Comprehensive Educational Facilities Plan to include renovations at Wyoming County Career and Technical Center to remedy the fire code deficiencies  (Attachment F)

Two requests for a new waiver of WVBE policy, two requests for a new waiver of instructional materials, and one request for a continuation waiver of instructional materials  (Attachment G)

One request for a partial waiver of attendance at the 2009-2010 West Virginia Principal’s Leadership Academy for New Principals  (Attachment H)

Employment of Substitute Teachers in Areas of Critical Need policies for Brooke and Putnam County Schools  (Attachment I)

Notifications, per Senate Bill 227, W. Va. Code §18A-4-7a, Transfer of Teachers After Five Days Prior to Starting Instruction, from Hampshire, Jackson, Putnam, Taylor, and Wood County Schools  (Attachment J)

Policy 2525, West Virginia's Universal Access to a Quality Early Education System, for placement on public comment for 30 days  (Attachment K)

Policy 5202, Minimum Requirements for the Licensure of Professional/Paraprofessional Personnel and Advanced Salary Classifications, at sections 1, 4, 8, 10, 11, 12, 16, 17, 19, 23, 24, Appendix A, and Appendix B, for placement on public comment for 30 days  (Attachment L)

2010 State Administrative Expense (SAE) Plan for Child Nutrition  (Attachment M).

IV. Reports

Board Member/Committee Reports.  

  President Haden reported the following:  participated in a conference call with NASBE, spoke at Education Alliance meeting; participated in meetings of the WVBE High School Redesign Design Committee, WVDE wavier committee, Jobs Cabinet, and NASBE instructional materials.  

V. Delegation

Dr. Cathy Slemp, State Medical Director for West Virginia, provided an update regarding the H1N1 influenza virus.

VI. Break

President Haden called for a break at 9:54 a.m.  

VII. Call to Order

President Haden called the meeting back to order at 10:15 a.m.

VIII. Reports (Continued)

Board Member/Committee Reports (Continued).

■ President Haden continued with her report regarding instructional materials and technology.  President Haden (assisted by Ms. Betty Jo Jordan, Executive Assistant to the State Superintendent) provided information regarding a meeting with WVDE staff regarding professional development and announced a meeting of the Board’s Professional Development Committee to be held November 2 at 1:30 p.m.

  Dr. Johnson (distributed information and assisted by Ms. Donna Peduto, Coordinator, WVDE Office of Organizational Effectiveness and Leadership) provided a report regarding a meeting of the Board’s Innovation Zone Selection Committee.  Dr. Johnson also attended a Jobs Cabinet sub-committee meeting, the American Youth Literacy Forum, and will travel to NASBE in early November to work on study group committee assignments.

  Ms. Phillips (distributed information) provided information regarding her attendance at Out-of-Home Care Task Force and High School Redesign meetings and spoke at the Anthony Center.

■ Mrs. Manchin was in Raleigh County for the opening of the WAN (network connection), spoke at a GEARUP conference, announced that the next meeting of the 21st Century Jobs Cabinet will take place on October 28 (1:30 – 4:30 p.m. at the West Virginia Center for Professional Development (CPD) Training Center) and the Governor’s Education Summit is scheduled October 29 (9 a.m. – 5 p.m. at the University of Charleston),  provided remarks at a CPD Principals Leadership Academy and will read to students this afternoon.

  Mrs. Fish participated in a Food and Nutrition Board meeting at the United States Department of Agriculture, provided updates regarding the West Virginia Commission on Professional Teaching Standards and the Leadership Collaborative, stated that a link to the Holocaust art and writing contest could be found on the WVDE’s news website, and will conduct a roundtable discussion regarding health and nutrition at the NASBE annual conference later this month. (Copies appended to Official Minutes, Attachment R.)  

State Superintendent’s Report.  Superintendent Paine presented Department personnel items for the Board’s information, provided updates in Preston (assistant by Dr. Larry Parsons, Superintendent of Preston County Schools, distributed information), Mingo, McDowell, and Grant Counties.  (Copy appended to Official Minutes, Attachment Mc and addendum.)

IX. WVBE Response to 2009 Annual Report of the

West Virginia Advisory Council for the Education

of Exceptional Children (WVACEEC)

Mrs. Fish (assisted by Dr. Lynn Boyer, Executive Director, WVDE Office of Special Programs, Extended and Early Learning) presented the Board’s response to recommendations found in the WVACEEC’s 2009 Annual Report for the Board’s consideration.  Upon motion by   Mrs. Fish, seconded by Mrs. Manchin, the Board unanimously approved the Board’s response to the WVACEEC’s 2009 Annual Report.  (Copy appended to Official Minutes, Attachment N.)

X. WVBE Procedures for Waiver Requests

Ms. Betty Jo Jordan, Executive Assistant to the State Superintendent, presented amended 

waiver request procedures for the Board’s consideration.  

Upon motion by Dr. Johnson, seconded by Ms. Phillips, the Board unanimously approved the amended waiver request procedures and forms and that directed that a resource document of frequently asked questions be developed.  (Copy appended to Official Minutes, Attachment O.)

XI. Special Recognition ~ Jordan Lovejoy

President Haden recognized Ms. Lovejoy for her service to the Board as the student representative to the Board during the months of August, September and October.

XII. Special Recognition ~ Barbara N. Fish

President Haden recognized Mrs. Fish for her exemplary service to the children and the State of West Virginia.  Mrs. Fish was appointed to the Board on November 4, 2000 and will complete her term on November 4, 2009. 

XIII. Executive Session

WVBE Personnel Matters including

  Suspension without Pay for an Employee at RESA VII

and Legal Presentation on

Sutherland v. Putnam County Board of Education Lawsuit

Challenging the West Virginia Secondary School Activities

Commission’s Policy on Athletic Coaching Permits

President Haden requested a motion to move into Executive Session as provided in W. Va. Code §6-9A-4(b)(2)(A), to discuss a personnel matter involving the suspension without pay for an employee at RESA VII, and W. Va. Code §6-9A-3 (matters involving attorney-client privilege).  Upon motion by Ms. Phillips, seconded by Mrs. Manchin and unanimously carried, the Board entered into executive session at 12:14 p.m.

XIV. Return from Executive Session

The Board returned from Executive Session at 12:38 p.m. at which time President Haden announced that no action was taken.  Upon motion by Ms. Phillips, seconded by Ms. Hatfield, the Board unanimously approved the Board’s personnel items including the suspension without pay for an employee at RESA VII.  (Copy appended to Official Minutes, Attachment P.)

Ms. Philips moved that the Board seek to intervene in the Sutherland v. Putnam County Board of Education lawsuit.  Ms. Hatfield seconded the motion and it was carried unanimously.  

XV. Board Items for Future Consideration

President Haden requested that items mentioned during the meeting and any others that members wish to be considered for placement on a future agenda be provided to her or Dr. Jack McClanahan, Deputy State Superintendent of Schools, as soon as possible.  (Copy appended to Official Minutes, Attachment Q.) 

XVI. Future Meetings

The next regular meeting of the Board will be held November 9-10, 2009, in Charleston, West Virginia.  

XVII. Adjournment

President Haden declared the meeting adjourned at 12:40 p.m.


   Minutes approved by the Board on November 10, 2009.


Priscilla M. Haden, President


Robert W. Dunlevy, Secretary

   Minutes were recorded by

         Virginia M. Harris

       Secretary to the Board. 



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