Capitol Building 6, Room 353

1900 Kanawha Boulevard, East

Charleston, West Virginia

January 13, 2016 - Noon

(Notice:  This agenda will continue on January 14 at 9:00 a.m. if not completed on January 13.)




Welcome - Introductions - Pledge of Allegiance - Call to Order




Michael I. Green, President



















Approval of Agenda - (Action)







Reasoning Mind Presentation - (Information)




Scott Darling, Senior Partnership Manager







Reasoning Mind, a nonprofit organization, uses technology to drive a complete learning system that combines an internationally proven curriculum, effective and prepared teachers, and an online learning world that fully engages students.







Disclaimer:  This presentation is for informational purposes only and should not be construed as an endorsement of Reasoning Mind or its services.







Fayette County Schools Update - (Information/Discussion)




Michael J. Martirano







Information/discussion on the status of facilities in Fayette County Schools and recommendations from the SBA regarding next steps.







Update in Summers and Dailey v. Tomblin, et al.; Civil Action No. 15‑C‑1980 ‑ (Information/Action)

[This item will take place on January 13 at 12:45 p.m.]




Ben Bailey, Esq., Bailey & Glasser LLP







Consent Agenda - (Action)







Approval of Minutes - (Action)








It is recommended that the minutes of the December 17, 2015, meeting of the West Virginia Board of Education (WVBE) be approved.








Routine Business









WVDE Personnel Matters - (Information)






Michael J. Martirano










Employment of Substitute Teachers in Areas of Critical Need - (Action)






Mary Catherine Tuckwiller










Pursuant to W. Va. Code §18A-2-3, Cabell County Schools has submitted a policy for the WVBE’s approval.










It is recommended that the policy be approved.










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)






Heather Hutchens and Mary Catherine Tuckwiller










On December 23, 2015, a notification was received from Doddridge County Schools. Details may be found in the attachment.










Waivers of State Board of Education Policies and Regulations, Superintendent’s Interpretations, State Statutes and Legislative Rules - (Information/Action)






Betty Jo Jordan










Mingo County (Tug Valley High School) has forwarded a request for a first time waiver of WVBE Policy 2510 related to the delay of required professional development for Advanced Placement teachers.  The waiver request has been reviewed by WVDE staff to ensure WVBE waiver criteria have been met.










It is recommended that the first time waiver request be approved.










Amendment - Jefferson County Ten Year 2010-2020 Comprehensive Education Facilities Plan (CEFP) - (Action)






Joe Panetta










The Jefferson County Board of Education has submitted a request to amend its 2010-2020 Ten Year (CEFP) to include the merging of Blue Ridge Primary School and Blue Ridge Elementary School that would house Pre-K through grade five.  This proposal does not require any transferring or reduction of students or staff.  The current principal at Blue Ridge Elementary School would assume responsibility as administrator for both buildings, which are located in close proximity on the same parcel of land.  This proposed amendment, if approved, will be cost effective for the school system during a period of less funding from the state. 










Based upon information provided, it is recommended that Jefferson County Schools' request to amend its ten year CEFP be approved.










RESA Communications Guidelines - (Action)






Jason Butcher










The purpose of the RESA Communications Guidelines document (as presented for the WVBE's consideration/comment at the December 2015 meeting) is to coordinate communication and outline the reporting structure between the WVBE, WVDE, RESAs and RESA Regional Councils.  No comments or requests for changes have been received from WVBE members regarding the RESA Communication Guidelines.










It is recommended that the RESA Communications Guidelines be approved. 








Office of Education Performance Audits (OEPA)







Director's Information





Susan O'Brien








Gilmer County School District Status Report - (Information/Action)




Susan O'Brien and Gabe Devono







The WVBE, during the October 9, 2013 meeting, directed the OEPA to conduct a follow-up audit of the Gilmer County School District. The outcome of the 2013 audit was to continue state intervention in the areas of finance (facility expenditures only), facilities, and personnel, due to the degree of non-compliance and lack of progress in addressing the non-compliances from the June 2011 state of emergency declared by the WVBE. In July 2015 the WVBE directed the Gilmer County Superintendent to provide a status report during the January 2016 WVBE meeting as a measure of the progress and degree of compliance in continuing to address the areas of finance, facilities and personnel. This status report is to be considered one step in the next phase to transition state control to county control.  The Gilmer County School District status report will provide evidence to the WVBE and the OEPA regarding the readiness and stability of Gilmer County in the transition process from state control to county control.








This item may involve an Executive Session as provided in W. Va. Code §6‑9A-4(b)(2)(A) [personnel exception].  The Board majority must vote to have an Executive Session.  (No action will be taken in Executive Session.)







Superintendent Report - (Information)




Listening and Learning Tour




Financial Implications of District Level Intercounty Transfer Arrangements






Heather Hutchens and Joe Panetta










Pursuant to W. Va. Code §18-9A-14, in order to encourage county boards to utilize fully their facilities and to provide county boards with fiscal flexibility, county boards that agree to transfer students to another county pursuant to an agreement approved by the state board shall forward to the receiving county an amount agreed upon not to exceed the per pupil allocation in the state aid formula. Subject to appropriations by the Legislature, funds equal to the agreed upon amount will be provided to the county which transfers students as an allowance for facility efficiency in the year in which the transfers occur. Subject to appropriations by the Legislature, for the first year after the transfers occur, the county board shall receive one-half the amount provided for in the agreement. Subject to appropriations by the Legislature, for the second year after the transfers occur, the county board shall receive one-fourth the amount provided for in the agreement.  Transportation time for students generally will be reduced when counties reach agreements such as these. 




Catalyst Schools Update




Superintendent's Commission on Assessment




District Superintendents Report









Update on Priority Schools and Capacity Building for Intervention Counties - (Information)





Michele Blatt







New Business







Policy 4355, High School Diploma for Veterans - (Action)





Mary Catherine Tuckwiller








W. Va. Code §18-2-34 authorizes providing a high school diploma to surviving veterans of World War II, the Korean War and the Vietnam Conflict.  The last amendment to Code was during the 2012 Regular Legislative Session.  Revisions incorporate changes to align policy with Code.  Previously, policy called for a veteran to attend high school in order to be eligible for a diploma.  Code removes this requirement.  Proposed changes remove the requirement of high school attendance from Code.  Qualifying veterans will be eligible to receive a high school diploma regardless of whether he or she attended high school, and regardless of age of entry into service.








It is recommended and a motion is requested that Policy 4355 be placed on public comment for 30 days.








Implementation of the Master Plan for Statewide Professional Staff Development for 2014-2015:  An Evaluation Study - (Action)





Sterling Beane and Pat Hammer








W. Va. Code §18-2I-4 requires the WVBE to establish processes for evaluating the effectiveness, efficiency, and impact of the statewide professional development plan and to submit an annual report to the Legislative Oversight Commission on Education Accountability (LOCEA).








It is recommended and a motion is requested to approve the Master Plan for Statewide Professional Staff Development for 2014-2015:  An Evaluation Study for submission to LOCEA.








WVBE Personnel Matters - (Action)





Michael I. Green








[WVBE personnel 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 to approve WVBE personnel matters found in the attachment.







Chancellor Reports - (Information)







Update - West Virginia Board of Education (WVBE) Actions for Improved Outcomes - (Information)



Michael I. Green, Donna Hoylman Peduto, and WVBE Members








WVBE Finance Committee Report - (Information)





Thomas W. Campbell









WVBE High Quality Educator and Accountability Committee Reports - (Information)





Lloyd G. Jackson






WVBE Coordinator of Board Agencies Report - (Information)






Items for Future Consideration - (Discussion)




Michael I. Green






Future Meetings - (Information)



Michael I. Green






The next regular meeting of the WVBE will be held February 10, 2016, in Charleston, West Virginia. The meeting will continue on February 11, 2016, if the agenda is not completed on February 10, 2016.






Adjournment - (Action)