AGENDA

WEST VIRGINIA BOARD OF EDUCATION

Board Conference Room

Capitol Building 6, Room 353

1900 Kanawha Boulevard, East

Charleston, West Virginia

October 9, 2013 - 10:00 a.m.

(Notice: This agenda will continue on October 10 at 9:00 a.m. if not completed on October 9.)

I.	Welcome - Introductions - Pledge of Allegiance - Call to Order
			Gayle C. Manchin, President
II.	Recognition(s)
	►VGo and Ellie Summers County Schools Presentation ►Globaloria Innovation Award
III.	Delegation(s)
IV.	Approval of Agenda - (Action)
V.	West Virginia Public Broadcasting - (Information)
			Scott Finn, Executive Director West Virginia Public Broadcasting
VI.	Informational Report regarding Cedar Lakes - (Information)
			Senator Mitch Carmichael (District 4) and Delegate Steve Westfall (District 12)
VII.	Appalachia Regional Comprehensive Center Report on Collaboration with WVBE/WVDE - (Information)
			Sharon Harsh, Director, and Karen Larry and Sarah Sayko, West Virginia State Coordination Team Members Appalachia Regional Comprehensive Center Report
VIII.	Leadership Capacity Building for Local School Boards - (Information)
			Howard M. O'Cull, Executive Director West Virginia School Board Association
IX.	Amendment - Fayette County Comprehensive Educational Facilities Plan (CEFP) - (Action)									ATTACHMENT A
			Keith Butcher
			The Fayette County Schools' Superintendent submits an amendment to the 2010-2020 Fayette County CEFP, as was directed during the September WVBE meeting in Romney, West Virginia, to include removal of the closure of Meadow Bridge High School. Documentation provided for review by the WVDE Office of School Facilities is in compliance with Policy 6200.
			A motion regarding the amendment to the 2010-2020 Fayette County CEFP is requested.
IX.	Governor's Education Agenda - (Information)
			Gayle C. Manchin, Donna Hoylman Peduto, James B. Phares and WVBE Members
	· Governor's Reform Agenda - The WVBE's Charge - (Information) Donna Hoylman Peduto · Fall Superintendent's Leadership Institute - (Information) James B. Phares · Policy Development - (Information) James B. Phares · Studies Undertaken in Response to Governor's Education Legislation - (Information) Robert E. Hull
X.	Chancellor Reports - (Information)
		Paul L. Hill, Chancellor West Virginia Higher Education Policy Commission
		James L. Skidmore, Chancellor West Virginia Council for Community and Technical College Education
XI.	RESA Liaison Report - (Information)
XII.	Capacity Building for Low Performing Schools and Intervention Counties and Follow-up Report and Recommendations regarding the WVBE's September Visit to the West Virginia Schools for the Deaf and the Blind - (Information/Action)
			Michele Blatt, Ted Mattern and Lynn Boyer
	A summary of System of Support services provided to selected schools and the intervention counties, based on OEPA recommendations for capacity building with Low Performing Schools, will be provided. A follow‑up report and recommendations regarding the Board's September visit to the West Virginia Schools for the Deaf and the Blind will be provided. Motions may be requested in response to recommendations regarding the West Virginia Schools for the Deaf and the Blind.
XIII.	Consent Agenda - (Action)
	A.			Approval of Minutes - (Action)						ATTACHMENT B
				It is recommended that the minutes of the September 11, 2013, meetings of the WVBE be approved.
	B.			Routine Business
				1.				WVDE Personnel Matters - (Information)		ATTACHMENT C
									James B. Phares
				2.				Waivers of State Board of Education Policies and Regulations, Superintendent’s Interpretations and State Statutes and Legislative Rules - (Action/Information)		ATTACHMENT D
									Betty Jo Jordan
								This item recommends action on five (5) waiver requests. Each waiver request has been reviewed by WVDE staff to ensure WVBE waiver criteria have been met.
								Recommended for approval are two (2) first time requests for waiver of WVBE policy and three (3) requests for continuation of waiver.
				3.				W. Va. Code §18A-4-7a(l)(3), Transfer of Person Employed in a Professional Position after the Twentieth Day Prior to the Beginning of the Instructional Term - (Information)		ATTACHMENT E
									Heather Hutchens
								As of October 1, 2013, the WVBE has received notifications from Barbour, Boone, Harrison, Lewis and Ritchie County Schools. Details may be found in the attachment.
				4.				Employment of Substitute Teachers in Areas of Critical Need - (Action)		ATTACHMENT F
									Heather Hutchens
								Pursuant to W. Va. Code §18A-2-3, Lewis and Wood County Schools have submitted a policy for the WVBE’s approval.
								It is recommended that the policies be approved.
				5.				Policy 2340, West Virginia Measures of Academic Progress - (Action)		ATTACHMENT G
									Robert E. Hull
								The changes to Policy 2340 reflect the name and numbering changes in the referenced WVBE policies, which includes language from the federally-approved ESEA Flexibility Waiver, addressing the assessments, including COMPASS, and pilot and field tests under the auspices of the Office of Assessment and Accountability, and reflect current naming conventions. The Office of Assessment and Accountability received no comments on the proposed changes. No comments were received during the comment period.
								It is recommended that Policy 2340 be approved.
				6.				Policy 4350, Procedures for the Collection, Maintenance and Disclosure of Student Data - (Action)		ATTACHMENT H
									Heather Hutchens
								Policy 4350 is being amended to incorporate a change in the Family Education Rights and Privacy Act allowing caseworkers access to student records without parental consent if student is in child welfare agency’s legal custody. No comments were received during the comment period.
								It is recommended that Policy 4350 be approved.
				7.				West Virginia Secondary School Activities Commission (WVSSAC) Series 2, Athletics, Provisions Governing Eligibility - (Action)		ATTACHMENT I
									Gary Ray
								The West Virginia Legislature, during the 2013 regular session, amended W. Va. Code (Senate Bill 336) to require the WVSSAC to promulgate rules to address concussions and head injuries in interscholastic athletes. The proposed rule was presented to LOCEA on July 23, 2013. No comments were received during the comment period.
								It is recommended that WVSSAC Series 2 be approved.
				8.				West Virginia Schools for the Deaf and the Blind Board of Advisors - (Action)		ATTACHMENT J
									Lynn Boyer
								Approval of adjustments to the membership of the West Virginia Schools for the Deaf and the Blind Board of Advisors is requested.
								It is recommended that adjustments to the membership of the West Virginia Schools for the Deaf and the Blind Board of Advisors, as found in the attachment, be approved.
XIV.	Office of Education Performance Audits (OEPA)
	A.			Director’s Information
							Gus Penix
	B.			Follow-up Report to September Visit to the West Virginia Schools for the Deaf and the Blind Selection of Schools and County School Systems for Education Performance Audits - (Action)
						Gus Penix
				This item may involve an executive session pursuant to W. Va. Code §18-2E-5(m)(1) “Any discussion by the state board of schools to be subject to an on-site review or dates for which on-site reviews will be conducted may be held in executive session, and is not subject to the provisions of article nine-a, chapter six of this code, related to open governmental proceedings.”
XV.	New Business
	A.			Cooperative Purchasing Agreement with Texas Region 8 Education Service Center - (Action)						ATTACHMENT K
					Jane Lynch
				As part of the WVBE response to the Governor's reform agenda, WV RESAs have pursued the addition of cooperative purchasing organizations to facilitate additional local cost savings.  RESA 8 has pursued an agreement with Texas Region 8 Education Service Center known as TIPS/TAPS.  Documentation has been reviewed and updated to reflect West Virginia guidelines previously adopted.
				It is recommended and a motion is requested that RESA 8, representing all West Virginia RESAs, be authorized to enter into a cooperative purchasing agreement with Texas Region 8 Education Service Center.
	B.			Policy 2422.8, Medication Administration - (Action)						ATTACHMENT L
					Robert E. Hull
				This 2004 rule established standards for the administration of medications in the West Virginia public school system. The review and revisions of this policy were completed by the West Virginia Council of School Nurses, who are convened to assist the WVBE in developing policy and procedures for school health. The revisions have allowed for further clarifications in over-the-counter medications, incorporation of fluoride rinse program through WVDHHR/BPH and emergency medication including stock epinephrine as an option to County Boards of Education through W.Va. Code §18-5-22c. The revisions allow county boards of education the option to develop policy allowing stock epinephrine under the prescription and standing order of a licensed prescriber for students and staff who have not been previously diagnosed by a medical provider as having a severe allergic reaction to any allergen.
				It is recommended and a motion is requested that Policy 2422.8 be placed on public comment for 30 days.
	C.			Policy 3234, School Calendar - (Action)						ATTACHMENT M
					Joe Panetta
				Policy 3234 relating to year-round education programs is being repealed and replaced with a basic school calendar policy that sets forth the general criteria for the adoption of the annual school calendar to provide county boards of education and multi-county vocational centers as much flexibility as possible so that they can develop a calendar that meets their individual needs.
				It is recommended and a motion is requested that Policy 3234 be placed on public comment for 30 days.
	D.			Discussion regarding Pending Legal Matter in Jorea M. Marple v. West Virginia Board of Education - (Discussion/Action)
					Gayle C. Manchin
				[WVBE legal matters may involve an Executive Session as provided in W. Va. Code §6-9A-4 [matters involving attorney client privilege per Peters v. County Commission, 205 W. Va. 481 (1999)] if the Board majority votes to have an Executive Session. (No action will be taken in Executive Session.)]
	E.			WVBE Personnel - (Information/Action)						ATTACHMENT Mc
						Gayle C. Manchin
				[WVBE personnel matters may involve an Executive Session as provided in W. Va. Code §6-9A-4 [matters involving attorney‑client privilege per Peters v. County Commission, 205 W. Va. 481 (1999)] and/or §6-9A-4(b)(2)(A) [personnel exception] and (2) the Board majority votes to have an Executive Session. (No action will be taken in Executive Session.)]
				A motion is requested to approve WVBE personnel matters found in the attachment.
XVI.	Superintendent Reports - (Information)
			James B. Phares
			►Student Achievement Data
			●					ESEA Designations
			●					Growth Model
			●					AP/SAT Scores
			►Middle Grades Commission
			►Follow-up Budget Meeting with State Budget Office
XVII.	Items for Future Consideration - (Information/Discussion)									ATTACHMENT N
			Gayle C. Manchin
XVIII.	Future Meetings - (Information)
	The next regular meeting of the WVBE will be held November 13, 2013 in Charleston, West Virginia. The meeting will continue on November 14, 2013, if the agenda is not completed on November 13, 2013.
XIX.	Adjournment - (Action)