AMENDED AGENDA WEST VIRGINIA BOARD OF EDUCATION Capitol Building 6, Suite 600 1900 Kanawha Boulevard, East Charleston, West Virginia August 10, 2022 - 9:00 a.m.
I.	Welcome - Pledge of Allegiance - Introductions - Call to Order
		L. Paul Hardesty, President
II.	Approval of Agenda - (Action)
		L. Paul Hardesty
III.	Recognition(s)
IV.	Delegation(s)
V.	New Business
	A.	Update - Lincoln County Schools State of Emergency - (Information/Action)
			Matt Hicks, Jeffrey Kelley, Superintendent, Lincoln County Schools, and David Bell, President, Lincoln County Board of Education
		An update on the progress of the Lincoln County Schools State of Emergency will be provided.
		Discussion of this report may involve an Executive Session as provided in W. Va. Code §6-9A-4(b)(2)(A) [personnel exception] and/or §6-9A-4(b)(6), [privacy exception]. The Board majority must vote to have an Executive Session.
		Motions, if any, regarding the status of Lincoln County Schools in relation to the State of Emergency will be determined at the meeting.
	B.	Progress Update - Jefferson County Special Circumstance Review Report: High School Counseling - (Action)				Attachment A
			Matt Hicks and Bondy Shay Gibson-Learn, Superintendent, Jefferson County Schools
		An update on the progress of correcting the findings and non-compliances outlined in the Jefferson County Special Circumstance Review Report: High School Counseling will be provided.
		It is recommended and a motion is requested that the West Virginia Board of Education (WVBE) approve the progress update presented for the Jefferson County Special Circumstance Review Report: High School Counseling.
	C.	Policy 2422.7, Standards for Basic and Specialized Health Care Procedures and Standards for the Possession and Use of Medical Cannabis By a Student - (Action)				Attachment B
			Heather Hutchens
		Policy 2422.7 is being amended to implement a directive to the WVBE in the Medical Cannabis Act to promulgate rules to address possession and use of medical cannabis by a student on the grounds of a preschool, primary school, and a secondary school. Eight comments were received during the comment period and resulted in no changes to the policy.
		It is recommended and a motion is requested that Policy 2422.7 be approved and effective 30 days from filing.
	D.	Statewide Waiver Request of Policy 4336, West Virginia School Bus Transportation Regulations, Procedures, and Specifications for the Design and Equipment of School Buses - (Action)				Attachment C
			Sam Pauley and Dave Baber
		The West Virginia Department of Economic Development is piloting an electric school bus program that requires a statewide waiver of certain sections of Policy 4336. Policy 4336, effective 2/21/2020, is written for traditional school buses with combustion engines using combustion engine-related requirements; battery electric vehicles (BEV) will be substantially different and not allowed under current policy. Approval of this waiver request will allow school bus manufacturers to meet or exceed West Virginia minimum specifications for the upcoming electric school bus pilot program. Policy 4336 is in the process of being amended to incorporate the provisions of this waiver request.
		It is recommended and a motion is requested to approve a statewide waiver of sections of Policy 4336, as defined in the attachment, for fiscal year 2022‑2023.
	E.	Annual Appointment of WVBE Statutory Units/Liaisons - (Action)
			L. Paul Hardesty
		A motion is requested to appoint Debra K. Sullivan and James S. Wilson to the County Board Member Training Standards Review Committee; reappoint Nancy J. White to the Educational Broadcasting Authority; reappoint James S. Wilson to the Secondary School Activities Commission; appoint F. Scott Rotruck to the Commission on Holocaust Education; and, elect Daniel D. Snavely to the School Building Authority of West Virginia, effective September 4, 2022.
	F.	WVBE Personnel Matters Inclusive of Consideration of State Superintendent of Schools’ Request to Transfer from the Position of State Superintendent of Schools to Superintendent of the West Virginia Schools for the Deaf and the Blind, Potential Employment of a State Superintendent of Schools, and Litigation Updates in Travis Beaver, et al. v. Riley Moore, et al., Civil Action Numbers 22-P-24, 22-P-25, and 22-P-26; and B.P.J. by her next friend and mother, Heather Jackson v. WVBE, et al., Civil Action No. 2:21-cv-00316 - (Action)				Attachment D
			L. Paul Hardesty
		WVBE personnel and/or legal matters may involve an Executive Session as provided in W. Va. Code §6-9A-4(b)(2)(A) [personnel exception] and/or §6-9A-4 [matters involving attorney‑client privilege per Peters v. County Commission, 205 W. Va. 481 (1999)]. The Board majority must vote to have an Executive Session. (No action will be taken in Executive Session.)
		It is recommended and a motion is requested that the WVBE personnel matters found in the attachment be approved.
		Motions may be considered regarding the State Superintendent of Schools’ request to transfer from the position of State Superintendent of Schools to Superintendent of the West Virginia Schools for the Deaf and the Blind and the potential employment of a State Superintendent of Schools.
VI.	Consent Agenda - (Action)
	A.	Approval of Minutes - (Action)				Attachment E
		It is recommended that the minutes of the July 13, 2022, meeting of the WVBE be approved.
	B.	Routine Business
		1.		West Virginia Department of Education (WVDE) Personnel Matters - (Information)		Attachment F
					W. Clayton Burch
		2.		Employment of Substitute Teachers in Areas of Critical Need and Shortage - (Action)		Attachment G
					Stephanie Abraham
				Pursuant to W. Va. Code §18A-2-3, Barbour, Boone, Hampshire, Logan, Monongalia, Ritchie, and Wetzel Counties have submitted a policy for the WVBE’s approval.
				It is recommended that the Employment of Substitute Teachers in Areas of Critical Need and Shortage policies for Barbour, Boone, Hampshire, Logan, Monongalia, Ritchie, and Wetzel Counties be approved.
		3.		CAEP Accreditation Final Decisions for Educator Preparation Programs (Fall 2021): West Virginia State University and Salem University - (Action)		Attachment H
					Jan Barth
				In May 2022, CAEP issued their accreditation decisions to those EPPs who hosted full on-site reviews in the Fall of 2021. One institution received Full Accreditation for seven years (West Virginia State University) and one institution received Accreditation with Stipulations for two years (Salem University). Educator Preparation Program Review Board (EPPRB) members met in June 2022 and agreed on the CAEP decisions and recommend the status as listed above.
				It is recommended that the WVBE accept the CAEP decision and EPPRB's recommendation of Full Accreditation for West Virginia State University and Accreditation with Stipulations for Salem University.
		4.		West Virginia Educator Preparation Program Review Board (EPPRB) Recommendation to Approve University of Charleston’s Elementary Education (K-6) with an Emphasis in Early Education (PK-K) Program - Action		Attachment I
					Jan Barth
				EPPRB members voted to recommend approval of the University of Charleston’s Elementary Education (K-6) with an Emphasis in Early Education (PK-K) program. The main function of the EPPRB is to review and make recommendations to the WVBE regarding the approval of educator preparation programs of study leading to teacher certification. Policy 5100 provides guidelines and procedures for the approval of educator preparation programs leading to licensure in West Virginia and Policy 5202 provides guidelines and procedures for the issuance of licensure.
				It is recommended that the WVBE approve the University of Charleston’s Elementary Education (K-6) with an Emphasis in Early Education (PK‑K) program.
		5.		West Virginia Alternative Certification Educator Preparation Program Review Board (ACEPPRB) Recommendation to Approve Documentation as Revisions to the Cabell County Schools GROW Educators Program for General Education and Cabell County Schools GROW Educators Program for Special Education, Provided by Cabell County Schools in Partnership with the West Virginia Department of Education (WVDE) - (Action)		Attachment J
					Jan Barth
				ACEPPRB members voted to recommend for approval documentation as revisions to the Cabell County Schools GROW Educators program for general education and Cabell County Schools GROW Educators program for special education, provided by Cabell County Schools in partnership with the WVDE. The revisions requested eliminate a requirement that program participants must successfully complete a teacher performance assessment as part of the programs. As this is not a policy requirement, upon approval of the revisions program participants will still be required to meet requirements of the West Virginia Licensure Testing Directory for professional education to ensure proficiency in pedagogical knowledge. The main function of the ACEPPRB is to review and make recommendations to the WVBE regarding the approval of alternative certification educator preparation programs of study leading to teacher certification. The ACEPPRB structure supports the intended collaborative process to ascertain effective alternative certification educator preparation programs in West Virginia school districts, filling critical need and shortage teacher vacancies with educators that are appropriately prepared and qualified. Policy 5901 provides guidelines and procedures for the approval of alternative certification educator preparation programs leading to licensure in West Virginia and Policy 5202 provides guidelines and procedures for the issuance of licensure including the Alternative Teaching Certificate.
				It is recommended that the WVBE approve documentation as revisions to the Cabell County Schools GROW Educators program for general education and Cabell County Schools GROW Educators program for special education, provided by Cabell County Schools in partnership with the WVDE.
		6.		2022 Annual Report of the West Virginia Advisory Council for the Education of Exceptional Children (WVACEEC) - (Action)		Attachment K
					Melanie Purkey and Dawn Embrey-King, Executive Director, WVACEEC
				The WVACEEC is a state level committee mandated by state code and federal law. Members include parents, administrators, and representatives from a variety of related agencies. The WVACEEC is interested in the quality of education received by exceptional children and youth. The 2022 Annual Report identifies the unmet needs of children with exceptionalities in West Virginia. This report supports ongoing WVDE initiatives as well.
				It is recommended that the 2022 WVACEEC annual report be accepted.
		7.		Policy 1461, Drug-Free Workplace - (Action)		Attachment L
					Heather Hutchens
				Policy 1461 is being amended to implement a directive to the WVBE in the Medical Cannabis Act to promulgate rules to address the possession and use of medical cannabis by an employee of a preschool, primary school, and a secondary school on the grounds of such school. No comments were received during the comment period.
				It is recommended that Policy 1461 be approved and effective 30 days from filing.
		8.		Policy 2422.2, Regulations for Driver Education and Student Licensing - (Action)		Attachment M
					Sonya White
				Policy 2422.2 is being repealed and replaced to add new legislation regarding restricted licensing. Due to new legislation, Policy 4150, Student Driver Eligibility Certificate, is now obsolete and recommended for repeal. No comments were received during the comment period.
				It is recommended that Policy 2422.2, inclusive of the repeal of Policy 4150, be approved and effective 30 days from filing.
VII.	WVDE Reports - (Information)
		►	Strategic Plan Update - Develop Economic Preparedness of Students: Entrepreneurship and Military Career Options Support			Attachment Mc
				Sonya White and Clinton Burch
		►	Superintendent’s Report: Year in Review			Attachment N
				W. Clayton Burch
		►	July Legislative Interims: Reports to LOCEA			Attachment O
				W. Clayton Burch
		►	Accountability Assessment Results and Family Reports and Resources			Attachment P
				Vaughn Rhudy and W. Clayton Burch
VIII.	WVBE Member Updates and Requests for Information - (Information)
		L. Paul Hardesty
IX.	Future Meetings - (Action)
		L. Paul Hardesty
	A motion is requested to approve the WVBE’s meeting schedule found in the attachment for September 2022 through August 2023.					Attachment Q
	The next regular meeting of the WVBE will be held September 14, 2022, in Charleston, West Virginia.
X.	Adjournment - (Action)