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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

February 11, 2010




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 February 11, 2010, 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 (telephone), Secretary Robert W. Dunlevy (telephone), Delores W. Cook (telephone), Michael I. Green (telephone), Burma Hatfield (telephone), Lowell E. Johnson (telephone), L. Wade Linger Jr., and Gayle C. Manchin, and ex officio Steven L. Paine, State Superintendent of Schools, student representative in attendance was Tiffany Sisson (telephone) of Buffalo who attends Buffalo High School.  Members absent were 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. Recognitions


President Haden announced that the recognitions portion of the agenda has been deferred until the March meeting.


III. Approval of Agenda


Upon motion by Mrs. Manchin, seconded by Ms. Phillips, the Board unanimously approved the agenda. 


IV. Education Performance Audit Report for the Fayette County

School District and Follow-up Review of Nuttall Middle School,

Mount Hope High School, and Valley High School 


Dr. Kenna R. Seal (distributed information), Director, Office of Education Performance Audits (OEPA), reported that the OEPA conducted an unannounced on-site review of the Fayette County School District November 14-16, 2006.  The WVBE reviewed the OEPA report at its January 10, 2007 meeting and declared that extraordinary circumstances existed and issued the county Nonapproval status.  According to W. Va. Code §18-2E-5 the WVBE appointed an Improvement Consultant Team (ICT) to make recommendations for correcting the emergency and gave the county six (6) months to correct the deficiencies in the OEPA report.


A Follow-up Education Performance Audit Team returned to the Fayette County School System November 17-21, 2008 to determine if the school district and schools had followed the recommendations by the ICT and if the issues and deficiencies in the OEPA report had been corrected.  A progress report was presented to the WVBE February 11, 2009.  The WVBE upgraded Fayette County from Nonapproval status to Conditional Approval status and gave the county six months (an October 31, 2009 Date Certain) to eliminate the remaining noncompliances.


The OEPA returned to Fayette County during December 2009 to examine the noncompliances remaining from the February 2009 report to determine if the county had eliminated them.


Dr. Seal recommended that the Board issue Nonapproval status to the Fayette County School System, declare that a state of emergency exists in the school system, and pursuant to W. Va. Code 18-2E-5(p)(C), intervene immediately in the operation of the school system.


Mr. Chris Perkins, Superintendent, and Mr. Leon Ivey and Mr. Leon Newman, members of the Fayette County Board of Education, addressed the Board regarding the OEPA report.

Upon recommendation by Dr. Seal, Dr. Johnson moved, and Mrs. Cook seconded, that the Board accept the Education Performance Audit Report for the Fayette County School System.  Upon the call for the question the motion carried with eight members voting yes and one member, Mr. Linger, voting no.

Superintendent Paine addressed the Board regarding the OEPA report and issued the following recommendations to the State Board as a result of the recommendations of the OEPA:

1) that the State Board find, based on the report from the OEPA, that extraordinary circumstances exist in the Fayette County school system

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

3) that the State Board declare that a state of emergency exists in the Fayette County 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 Fayette County to delay intervention for any period of time

6) that the State Board limit the authority of the Fayette 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 Fayette 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 Fayette 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 Fayette County to be vacant as of February 22, 2010 

12) that the State Board grant the State Superintendent the authority to hire a county superintendent to begin employment in Fayette County Schools on February 22, 2010 and set his/her salary 

13) that the State Board direct the Fayette County Superintendent and the State Superintendent, after consultation with the Fayette 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 Fayette County Board of Education to regain control of the school system

14) that the State Board direct the Fayette 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 motions presented by Superintendent Paine.  Superintendent Paine indicated that, effective February 22, 2010, Dwight D. Dials will become Superintendent of Fayette County Schools and David Roach will become Superintendent of Mingo County Schools; a Superintendent for Lincoln County Schools will be appointed prior to February 22, 2010.    (Copy appended to Official Minutes, Attachment A and addenda.)

Mrs. Manchin departed the meeting.

V. Initial Individual School Education Performance Audit Report

for Wahama High School, Mason County


Dr. Seal reported that an announced on-site review (five days in advance) was conducted at Wahama High School (January 21, 2010).


Upon the recommendation of Dr. Seal and a motion by Mr. Dunlevy, seconded by Mrs. Cook, the Board unanimously directed that Wahama High School and Mason County revise the school’s Five‑Year Strategic Plan within 30 days and correct the finding noted in the report by the next accreditation cycle.  (Copy appended to Official Minutes, Attachment B.)


VI. Initial Individual School Education Performance Audit Report

for St. Marys High School, Pleasants County


Dr. Seal reported that an announced on-site review (five days in advance) was conducted at St. Marys High School (December 10, 2009).  Mr. Joe Super, Superintendent of Pleasants County Schools, addressed the Board regarding the report.

Upon the recommendation of Dr. Seal and a motion by Dr. Johnson, seconded by Mr. Dunlevy, the Board unanimously directed that St. Marys High School and Pleasants County revise the school’s 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 C.)  


VII. Initial Individual School Education Performance Audit Report

for Beckley-Stratton Middle School, Raleigh County


Dr. Seal reported that an announced on-site review (five days in advance) was conducted at Beckley-Stratton Middle School (January 13, 2010).  Dr. Charlotte Hutchens, Superintendent of Raleigh County Schools, and Ms. Rachel Pauley, Principal, Beckley-Stratton Middle School, addressed the Board regarding the report


Upon the recommendation of Dr. Seal and a motion by Mrs. Cook, seconded by Mr. Green, the Board unanimously directed that Beckley-Stratton Middle School and Raleigh County revise the school’s Five‑Year Strategic Plan within 30 days and correct the finding noted in the report by the next accreditation cycle and gave the school a May 31, 2014 Date Certain to achieve adequate yearly progress (AYP).  (Copy appended to Official Minutes, Attachment D.)


VIII. Initial Individual School Education Performance Audit Report

for Baileysville Elementary-Middle School, Wyoming County


Dr. Seal reported that an announced on-site review (five days in advance) was conducted at Baileysville Elementary School (January 14, 2010).


Upon the recommendation of Dr. Seal and a motion by Ms. Phillips, seconded by Ms. Hatfield, the Board unanimously directed that Baileysville Elementary-Middle School and Wyoming County revise the school’s Five‑Year Strategic Plan within 30 days and correct the finding noted in the report by the next accreditation.  (Copy appended to Official Minutes, Attachment E.)


IX. Education Performance Audit

for Regional Education Service Agency (RESA) 4


Dr. Seal reported that an on-site review was conducted at RESA 4 on October 2, 2009.  The WVBE specifically directed the OEPA to conduct an on-site review of a RESA in accordance with Policy 3233 and Policy 2320.  Dr. Gus Penix, Executive Director of RESA 4, addressed the Board regarding the report.


Upon the recommendation of Dr. Seal and a motion by Ms. Hatfield, seconded by Ms. Phillips, the Board unanimously approved the education performance audit report for RESA 4.  (Copy appended to Official Minutes, Attachment F.)


X. Consent Agenda


President Haden distributed a correction to Attachment Mc for the Board’s consideration prior to the approval of the Consent Agenda.  Upon motion by Mrs. Cook, seconded by Ms. Hatfield, the Board unanimously approved the Consent Agenda as amended.  (Copies appended to Official Minutes, Attachments G through N.)


Meeting minutes of January 13 and 14, 2010  (Attachment G)


Amendment to the Monroe County Comprehensive Educational Facilities Plan to include the construction of an Early Head Start Center.  This project will utilize grant funds from the Federal Head Start Program  (Attachment H)


Amendment to the Ritchie County Comprehensive Educational Facilities Plan to include the renovation of Smithville Elementary School and the replacement of the roof at Ritchie County Middle/High School  (Attachment I)


One request for a continuation waiver of WVBE Policy 2510, Section 5.6.6. Graduation Requirements and Section 7.2.4.b. Instructional Minutes (Attachment J)


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


Employment of Substitute Teachers in Areas of Critical Need policies for Mercer and McDowell County Schools, and the Office of Institutional Education Programs (Attachment L)


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


West Virginia State Plan for Implementation of the Summer Food Service Program  2010  (Attachment Mc and addendum)


West Virginia Annual Application Under Part B of the Individuals with Disabilities Education Act (IDEA) as Amended in 2004 for Federal Fiscal Year 2010 for posting to the WVDE’s website no later than February 12, 2010, and to accept public comments from February 12, 2010 through April 12, 2010  (Attachment N).


XI. Break


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


XII. Call to Order


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


XIII. Memorandum of Understanding between the West Virginia Board of Education

and the McDowell County Board of Education

(Exit Strategy for Returning Local Control)


Superintendent Paine presented, and Dr. Jack McClanahan, Deputy State Superintendent, provided a brief overview of, the Memorandum of Understanding between the West Virginia Board of Education and the McDowell County Board of Education (Exit Strategy for Returning Local Control) for the Board’s consideration.  


Upon motion by Mrs. Cook, seconded by Mrs. Hatfield and unanimously carried, the Board approved the Memorandum of Understanding between the West Virginia Board of Education and the McDowell County Board of Education.  (Copy appended to Official Minutes, Attachment O.)


XIV. Policy 2520.35, 21st Century Science 9-12 Content Standards and Objectives

for West Virginia (Environmental Science)


Ms. Carla Williamson, Executive Director, introduced Ms. Marty Burke, Assistant Director, and Ms. Robin Anglin, Coordinator, WVDE Office of Instruction, who presented  Environmental Science content standards and objectives, to be incorporated into Policy 2520.35, for the Board’s consideration.


Following discussion, Dr. Johnson moved, and Ms. Hatfield seconded, that the Environmental Science content standards and objectives be placed on public comment for 30 days.  Upon the call for the question, the motion was carried with six members voting yes, and two members, Mrs. Cook and Mr. Linger, voting no.  (Copy appended to Official Minutes, Attachment P.)


XV. Policy 5800, Standards of Professional Practice

for West Virginia Superintendents, Principals and Teacher Leaders


Ms. Lydia McCue, Special Assistant, State Superintendent’s Office, presented Policy 5800 for the Board’s consideration.

Upon motion by Dr. Johnson, seconded by Mr. Dunlevy and unanimously carried, the Board placed Policy 5800 on public comment through March 26, 2010.  (Copy appended to Official Minutes, Attachment Q.)


XVI. WVBE Personnel Matters


Upon motion by Dr. Johnson, seconded by Mrs. Cook, the Board unanimously approved the Board’s personnel items.  (Copy appended to Official Minutes, Attachment R.)


XVII. Reports


West Virginia Schools for the Deaf and the Blind (WVSD/B).  Dr. Patsy K. Shank, Superintendent of the WVSD/B, was unable to attend the meeting; her report may be found in Attachment S.  (Copy appended to Official Minutes, Attachment S.)


Broadband.  Mr. Linger (distributed information) and Mr. Green provided an update regarding the status of broadband.  Mr. Green requested that an item be placed on the March agenda for a more in-depth report.  (Copy appended to Official Minutes, Attachment V.)  


High School Redesign Committee.  Ms. Phillips, assisted by Dr. Stan Hopkins (distributed information), Assistant State Superintendent, WVDE Division of Technical and Adult Education Services, provided an overview of outcomes resulting from the committee’s February 3 meeting.  Dr. Hopkins requested that an item be placed on the March agenda for a more in-depth report.  (Copy appended to Official Minutes, Attachment W.)  


Wellness.  The Wellness report was deferred to March.  


Board Member/Committee Reports.  Mrs. Cook attended a meeting of the National Association of State Boards of Education (NASBE) Governmental Affairs committee; President attended a NASBE study group, For the Common Good, meeting, and meetings regarding financial literacy program - “Get a Life” sponsored by the State Treasurer’s Office, Civics Literacy Council, RESA 8, and West Virginia Commission on Professional Teaching Standards; Ms. Phillips attended a NASBE study group, Structure of Schools, meeting; Mr. Linger attended a WVDE LSIC meeting; Ms. Sisson departed the meeting; and, Dr. Johnson attended the following meetings: the Governor’s Jobs Cabinet (has accepted an invitation to serve on a sub-committee regarding charter schools), NASBE Board of Directors (where he chaired his first meeting as President), Alliance for Excellence in Education, and NASBE’s Southern and Western States Common Standards.    

State Superintendent’s Report.  Superintendent Paine presented Department personnel items for the Board’s information; provided brief updates regarding Grant, Lincoln, McDowell, Mingo, and Preston Counties and also an issue in Mason County; provided a brief update regarding the Race to the Top application (Dr. Johnson questioned whether a letter of support from the Board’s President in support of the Race to the Top application and the reauthorization of ESEA be issued; President Haden requested that more information be provided to members prior to the issuance of a letter of support regarding ESEA; it was decided that a position paper would be presented at the March meeting with regard to ESEA and that a letter of support regarding the Race to the Top application would be issued); provided an update regarding common core standards/assessment issues (President Haden requested a white paper regarding common core standards be presented at the March meeting); provided an overview of legislative concerns; provided information, assisted by Ms. Heather L. Deskins, General Counsel to the WVBE and WVDE, regarding options available to counties regarding lost instructional time; and  drop-out prevention.  (Copy appended to Official Minutes, Attachment T.)


XVIII. Future Meetings and Board Items for Future Consideration


The next regular meeting of the Board will be held March 10-11, 2010, in Charleston, West Virginia.  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. McClanahan, no later than February 17.  (Copy appended to Official Minutes, Attachment U.)  

XIX. Adjournment


President Haden declared the meeting adjourned at 1:09 p.m.

 

   Minutes approved by the Board on March 11, 2010.




_______________________________________________

Priscilla M. Haden, President




_______________________________________________

Robert W. Dunlevy, Secretary


Minutes were recorded by

       Virginia M. Harris

   Secretary to the Board. 

     Wvbeminutes2/11/10









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