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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
December 11, 2013
I. Call to Order
Following the welcome, introductions and Pledge of Allegiance, President Gayle C. Manchin called the meeting of the West Virginia Board of Education (WVBE) to order at 10:02 a.m. on December 11, 2013, in the Board Conference Room, Capitol Building 6, Room 353, Charleston, West Virginia.
The following members were present: President Manchin, Vice President Michael I. Green, Secretary Robert W. Dunlevy, Tina H. Combs (via telephone), Thomas W. Campbell, Lloyd G. Jackson II, L. Wade Linger Jr., and William M. White, and ex officios James B. Phares, State Superintendent of Schools, Paul L. Hill, Chancellor, West Virginia Higher Education Policy Commission, and James L. Skidmore, Chancellor, West Virginia Council for Community and Technical College Education.
II. Cedar Lakes Planning Meeting
Senator Mitch Carmichael (District 4) addressed the Board regarding planning meetings and presented a proposal (via PowerPoint presentation) for the sustainability of the Cedar Lakes Conference Center. Mr. Jackson suggested that a Memorandum of Understanding be developed for Board action. Superintendent Phares indicated that he will bring a funding resolution regarding Cedar Lakes before the Board for consideration at the January 2014 meeting. (PowerPoint presentation attached to Official Minutes, Attachment U.)
III. Delegations
Dr. Brenda Wilson (distributed information), West Virginia State University Department of Education, addressed the Board and requested that ETS test 5203: Teaching Reading: Elementary Education be removed from Policy 5202. Dr. Howard O'Cull (remarks attached to the minutes), Executive Director, West Virginia School Board Association, addressed the Board regarding the continuation of the Board's Commission on School District Governance and Administration. Ms. Autumn Harbaugh (distributed information), citizen of Fayette County, addressed the Board regarding the consolidation of Gatewood and Fayetteville Elementary Schools. Ms. Carolyn Arritt, citizen of Fayette County, addressed the Board regarding a number of Fayette County school concerns. Mr. Al Martine (distributed information), former principal (retired) of Meadow Bridge High School, addressed the Board regarding proposed Fayette County consolidations. (Copies appended to Official Minutes, Attachment V.)
IV. Approval of Agenda
President Manchin requested a motion to approve the agenda with the following amendments: 1) New Business item D. Public Auction of Fayette County Excess Properties No Longer Needed for School Purposes be removed from the agenda; 2) item VII. Superintendent Reports be moved to the end of the agenda; and, move from XII. Office of Education Performance Audits (OEPA) item C. Status of Grant County Progress Addressing OEPA Recommendations found in the June 2011 Audit Report of Grant County Schools to X. Capacity Building for Low Performing Schools and Intervention Counties. Mr. Linger moved that the agenda be approved as amended. Dr. White seconded the motion and upon the call for the question the motion was carried unanimously. Superintendent Phares departed the meeting and Deputy Superintendent Charles K. Heinlein took his seat.
V. Governor's Education Agenda
President Manchin, Ms. Donna Hoylman Peduto (via PowerPoint presentation - attached to minutes), WVBE Director of Operations, and members of the Board, provided an update regarding progress toward accomplishing the Governor's education reform agenda including the WVBE Commission on School District Governance and Administration (Mr. Campbell); Project 24 (Mr. Green); cross counseling (Mr. Linger); Preparation for Tomorrow; teacher certification/ professional preparation accreditation to support reading on grade level by the end of the third grade (Mr. Jackson and President Manchin); early literacy to support reading on grade level of the end of the third grade; leadership capacity development; and Re-imagining Instructional Time (Dr. White and Mrs. Combs). At Dr. White's request Mr. Joe Panetta, Assistant State Superintendent, Division of Student Support Services, addressed the Board regarding comments received during the public comment period regarding the school calendar policy. (Copy appended to Official Minutes, Attachment W.)
VI. Chancellor Reports
Chancellor Hill provided updates regarding the development of a joint definition of college and career readiness and the Kresge text messaging counseling project. Chancellor Skidmore (distributed information) provided an update regarding the Career Pathways Programs of Study Initiative and workforce needs. (Copy appended to Official Minutes, Attachment X.)
VII. RESA Liaison Report
Ms. Jane Lynch, Executive Director of RESA 8 and WVBE RESA Liaison, provided a report regarding participation in a National Service Agency Conference, eRate funding for FY12, APA Conference, RESA reports on websites, and county requests for technology assistance. Superintendent Phares returned to the meeting. Chancellor Hill and Chancellor Skidmore departed the meeting.
VIII. Capacity Building for Low Performing Schools and Intervention Counties
Ms. Michele Blatt, Assistant State Superintendent, Division of Educator Quality and System Support, and Mr. Ted Mattern, System Support Liaison, Office of the State Superintendent, and provided information regarding capacity building for priority schools and the intervention counties.
IX. Status of Grant County Progress Addressing OEPA Recommendations
Found in the June 2011 Audit Report of Grant County Schools
Executive Session
Dr. DeEdra Lundeen-Bolton, Superintendent of Grant County Schools, provided a status report of progress made in addressing OEPA recommendations found in the June 2011 Audit Report of Grant County Schools. (Copy previously appended to Official Minutes, Attachment L.)
Mr. Jackson moved, in accordance with W. Va. Code §18-2E-5(k)(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, that the Board move into executive session. Dr. White seconded the motion and upon the call for the question the motion was carried unanimously. The Board entered into executive session at 12:34 p.m.
X. Return from Executive Session
Mr. Linger moved that the Board return from Executive Session. Mr. Campbell seconded the motion and upon the call of the question the motion was carried unanimously. The Board returned from Executive Session at 12:43 p.m. at which time President Manchin reported that no decisions were made or action taken.
XI. Break
President Manchin called for a break for lunch at 12:43 p.m.
XII. Call to Order
President Manchin called the meeting back to order at 1:09 p.m.
XIII. Consent Agenda
Mr. Campbell moved that the Consent Agenda be approved. Mr. Dunlevy seconded the motion and upon the call for the question the motion was carried unanimously. (Copies appended to Official Minutes, Attachments A through K.)
· Approved minutes of November 13, 2013, meeting (Attachment A)
· Received information regarding WVDE Personnel Matters (Attachment B and addendum)
· Approved amendment of the Cabell County Comprehensive Educational Facilities Plan (CEFP) to include an adjustment of the final costs and summary of the CEFP, in particular for Geneva Kent Elementary School and Peyton Elementary School closings and consolidation into a renovated Beverly Hills Middle School facility (Attachment C)
· Approved amendment of the Webster County Comprehensive Educational Facilities Plan (CEFP) to include the closures of Diana Elementary and Glade Middle Schools, and the necessary re-configurations of Webster County High School, Glade Elementary School and Webster Springs Elementary/Middle Schools (Attachment D)
· Approved one first time request for a waiver of WVBE policy (Attachment E)
· Received, per 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, notifications from Fayette, Greenbrier and Preston County Schools (Attachment F)
· Approved Employment of Substitute Teachers in Areas of Critical Need policies for Mercer and Mingo County Schools (Attachment G)
· Approved Policy 2422.8, Medication Administration (Attachment H)
· Approved Policy 3234, School Calendar (Attachment I)
· Received the Annual School-Based Medicaid Reimbursement Report for FY13 (Attachment J)
· Approved the principal preparation program submitted by American Public University (Attachment K).
XIV. Office of Education Performance Audits
Director's Information
Dr. Gus Penix, Director of the Office of Education Performance Audits (OEPA), provided brief remarks regarding a future meeting.
XV. Gilmer County School District Education Performance Audit Report
Dr. Penix (distributed information) reported that the OEPA conducted an announced Education Performance Audit (five days in advance) of the Gilmer County School District May 2-4, 2011. The OEPA reported that Gilmer County was not providing a thorough and efficient system of schools as required by law. In June 2011, the WVBE issued the Gilmer County School District Nonapproval status, declared a state of emergency in the system, and intervened in the operation of the school system. An announced Education Performance Audit of the Gilmer County School System was conducted November 18-20, 2013. The purpose of the audit was to ascertain the degree of compliance and progress Gilmer County had made in addressing the noncompliances from the OEPA's June 2011 audit report.
Dr. Penix recommended that, because of the progress the county has made in operation, t partial control be returned to the Gilmer County Board of Education in the following areas: 1)curriculum, 2) policies, 3)finance (except decisions regarding facility finance expenditures), 4) transportation, and 5) the establishment and operation of a school calendar. Dr. Penix stated, as concern still lingered that the Gilmer County Board of Education is developing board leadership, additional time is needed to support the board in making difficult personnel decisions that are imminent this current year. Furthermore, additional time and support is needed for the Gilmer County Board of Education to implement the Comprehensive Educational Facilities Plan. Therefore, the OEPA further recommends that the WVBE continue intervention in the following areas: 1) personnel, 2) facilities, and 3) finance actions regarding facility expenditures. The OEPA also recommended that the WVBE begin the next phase of the transition for the Gilmer County Board of Education to regain full local control and that the WVBE issue Gilmer County Conditional Approval status and initiate an Exit Agreement between the WVBE and the Gilmer County Board of Education.
Mr. Jackson moved that partial control be returned to the Gilmer County Board of Education in the following areas: 1) curriculum, 2) policies, 3)finance (except decisions regarding facility finance expenditures), 4) transportation, and 5) the establishment and operation of a school calendar; that the WVBE continue intervention in the following areas: 1) personnel, 2) facilities, and 3) finance actions regarding facility expenditures; that the WVBE begin the next phase of the transition for the Gilmer County Board of Education to regain full local control; that the WVBE issue Gilmer County Conditional Approval status and initiate an Exit Agreement between the WVBE and the Gilmer County Board of Education. Dr. White seconded the motion and upon the call for the question the motion was carried unanimously. (Copy appended to Office Minutes, Attachment L and addendum.)
XVI. Policy 2510, Assuring the Quality of Education:
Regulations for Education Programs
Mr. Robert E. Hull, Associate State Superintendent, Division of Teaching and Learning, presented Policy 2510 for the Board's consideration. The repeal and replacement of Policy 2510 was recommended to reflect the changes necessary to provide West Virginia students personalized learning experience at all programmatic levels. Additionally, changes in the structure and language of the policy reflect and align with current WVBE policies and recommendations outlined in S.B. 359. Mr. Clayton Burch, Executive Director, WVDE Office of Early Learning, assisted in addressing questions from the Board.
Dr. White moved that Policy 2510 be placed on public comment for 30 days. Mr. Green seconded the motion and upon the call for the question the motion was carried unanimously. (Copy appended to Official Minutes, Attachment M.)
XVII. Policy 2515, Uniform Grading Mr. Jackson and Vice President Manchin, assisted by Ms. Betty Jo Jordan, Executive Assistant to the State Superintendent, presented the West Virginia Board of Education Master Plan for Statewide Professional Staff Development 2013-2014 for the Board's
Mr. Hull presented Policy 2515 for the Board's consideration. Policy 2515, effective July1, 2008, established a uniform grading policy that must be used by all county boards of education for those courses for which high school credit is to be awarded. Additional language is requested to be added to Section §126-37-4.1 Weighted Grades to include the language Advanced Career Courses.
Mr. Linger moved that Policy 2515 be placed on public comment for 30 days. Dr. White seconded the motion and upon the call for the question the motion was carried unanimously. (Copy appended to Official Minutes, Attachment Mc.)
XVIII. WVDE Data Access and Management Guidance
Ms. Carla Howe, Data Governance Manager, WVDE Office of Legal Services, presented WVDE Data Access and Management Guidance for the Board's consideration. This guidance augments WVBE Policy 4350 by describing the practices of WVDE personnel, RESA personnel and county personnel with respect to data access and management. The guidance contains the standard operating procedures, processes, and forms that govern how data are accessed and managed.
Mr. Green moved that the WVDE Data Access and Management Guidance be approved. Dr. White seconded the motion and upon the call for the question the motion was carried unanimously. (Copy appended to Official Minutes, Attachment N.)
XIX. Mid-Ohio Valley Technical Institute
Easement Agreement with City of St. Marys
Ms. Heather Hutchens, General Counsel to the WVBE and WVDE, presented a MidOhio Valley Technical Institute Easement Agreement with the City of St. Marys for the Board's consideration. Approval of a Resolution to grant the City of St. Marys a temporary construction easement and a permanent easement and right-of-way to install a water well on the front grounds of the Mid-Ohio Valley Technical Institute in Pleasants County was requested. This project has been reviewed and approved by the MOVTI Administrative Council and, if approved by the WVBE, will need final approval by the Board of Public Works.
Dr. White moved that the resolution to grant a temporary construction easement and a permanent easement and right-of-way to install a water well be approved. Mr. Linger seconded the motion and upon the call for the question the motion was carried unanimously. (Copy appended to Official Minutes, Attachment P.)
XX. Memorandum of Understanding - Hampshire County Little League
Ms. Hutchens presented a Memorandum of Understanding between the Hampshire County Little League and the West Virginia Schools for the Deaf and the Blind for the Board's consideration. Action regarding a Letter of Intent was presented at the November 2013 WVBE meeting. Due to a clause in the letter concerning the conveyance of the property in question to the Hampshire County Little League, consideration of this item was held in abeyance for a review by the WVDE Legal Services Office. Counsel has reviewed the Letter of Intent and researched the issues presented. Based upon the considerations outlined in the attached memorandum of law, Counsel presents the attached Memorandum of Understanding (MOU) for the WVBE's consideration in lieu of the Letter of Intent. Permission is requested to enter into an MOU with the Hampshire County Little League for the continued use of 4.5 acres of West Virginia Schools for the Deaf and the Blind real estate as a little league field and the installation by the Hampshire County Little League to install light towers on the property.