MINUTES
WEST VIRGINIA BOARD OF EDUCATION
Capitol Building 6, Room 353
1900 Kanawha Boulevard, East
Charleston, West Virginia
January 13, 2016
I.
Call to Order
Following the welcome, Pledge of Allegiance and introductions, President Michael I.
Green called the meeting of the West Virginia Board of Education (WVBE) to order at
12:12 p.m. on January 13, 2016, in Capitol Building 6, Room 353, 1900 Kanawha Boulevard,
East, Charleston, West Virginia.
The following members were present: President Green, Vice President Lloyd G. Jackson
II, Secretary Tina H. Combs, Thomas W. Campbell, Beverly E. Kingery, L. Wade Linger Jr.,
William M. White, and James S. Wilson, and ex officios Michael J. Martirano, State
Superintendent of Schools. Members absent were Gayle C. Manchin and ex officios Paul L.
Hill, Chancellor, West Virginia Higher Education Policy Commission, and Sarah Armstrong
Tucker, Chancellor, West Virginia Council for Community and Technical College Education.
II.
Recognition
Major Jorge Almodovar, Commander, and Mr. Tommy D. Baker, Education Services
Specialist, Beckley Military Entrance Processing Station, United States Military Entrance
Processing Command, presented certificates of appreciation for support of the Common Ground
Partnership to Mrs. Manchin and Superintendent Martirano.
III.
Delegations
Mr. Dale Lee, West Virginia Education Association, addressed the Board regarding the
Superintendent's Commission on Assessment; Mr. Bob Brown, American Federation of
Teachers/Project Manager for Reconnecting McDowell, and McDowell County students Ms.
Kelsie Potter and Mr. Joseph Hayes, addressed the Board regarding the mentoring initiative
Broader Horizons; Mr. Scott Ingleton, Fayette County, addressed the Board regarding the
consolidation of schools in Fayette County; and, Mr. A. J. Rogers, West Virginia Association of
School Administrators (WVASA), addressed the Board regarding the WVASA's legislative
priorities.
IV.
Approval of Agenda
President Green called for a motion to approve the agenda. Mr. Campbell moved that the
agenda be approved. Dr. Wilson seconded the motion and upon the call for the question the
motion was carried unanimously.
-2V.
Reasoning Mind Presentation
Prior to the presentation President Green announced, per the agenda, that the Reasoning
Mind presentation was for informational purposes only and should not be construed as an
endorsement of Reasoning Mind or its products/services.
Mr. Scott Darling (distributed information), Senior Partnership Manager, Reasoning
Mind, and Alum Creek Elementary fifth grade teacher Ms. Renee Laird and students Mr. Nick
Tomlin and Ms. Lacy Gibson, provided an informational mathematics presentation about
Reasoning Mind, a nonprofit organization that 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. (Copy appended to Official Minutes,
Attachment K.)
VI.
Update in Summers and Dailey v. Tomblin, et al.; Civil Action No. 15-C-1980
Executive Session
President Green requested that the update in Summers be provided prior to the Fayette
County update and introduced Mr. Ben Bailey, Esq., accompanied by Mr. Ryan Donovan, Esq.,
who provided an update in Summers and Dailey v. Tomblin, et al.; Civil Action No. 15-C-1980.
President Green called for a motion to enter into 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)].
Mr. Linger moved that the Board enter into 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)]. Dr. White seconded the motion and upon the call for the question the
motion was carried unanimously. The Board moved into executive session at 1:05 p.m.
VII.
Return from Executive Session
The Board returned from executive session at 1:41 p.m. at which time President Green
announced that no decisions were made or action taken.
VIII.
Fayette County Schools Update
Superintendent Martirano provided an update regarding the status of Fayette County
Schools' facilities and recommendations from the School Building Authority of West Virginia
regarding next steps. Dr. White and Mr. Campbell (distributed information) addressed the Board
regarding Fayette County concerns. Discussion ensued regarding Collins Middle School,
Fayette County's excess levy, and passage of a bond. (Copy appended to Official Minutes,
Attachment L.)
IX.
Consent Agenda
President Green requested a motion to approve the Consent Agenda. Ms. Kingery moved
that the Consent Agenda be approved. Mr. Campbell seconded the motion and upon the call for
-3the question the motion was carried unanimously.
Attachments A through G.)
(Copies appended to Official Minutes,

Approved minutes of December 17, 2015 (Attachment A)

Received WVDE personnel matters (Attachment B)

Approved an Employment of Substitute Teachers in Areas of Critical Need
policy for Cabell County Schools (Attachment C)

Received, per W. Va. Code §18A-4-7a(m)(3), Transfer of a Person Employed in
a Professional Position after the Twentieth Day Prior to the Beginning of the
Instructional Term, a notification from Doddridge County Schools
(Attachment D)

Approved Mingo County's (Tug Valley High School) request for a first time
waiver of WVBE Policy 2510 related to the delay of required professional
development for Advanced Placement teachers (Attachment E)

Approved the Jefferson County Board of Education's request to amend to its
2010-2020 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
(Attachment F)

Approved RESA Communications Guidelines (Attachment G).
President Green announced that item X. Superintendent Reports would be taken up prior
to item IX. Office of Education Performance Audits (OEPA) and that item IX would take place
later in the agenda.
X.
Superintendent Reports
Superintendent Martirano stated that the update regarding his Listening and Learning
Tour would take place in February and assisted by, Ms. Heather Hutchens, Esq., WVDE Office
of Legal Services, provided information regarding financial implications of district level
intercounty transfer arrangements; assisted by Ms. Monica DellaMea (distributed information),
Executive Director, WVDE Office of Early Learning, and Ms. Jennifer Ross, principal, and Ms.
Natalie Keaton, teacher, Salt Rock Elementary (Cabell County), provided an update regarding
catalyst schools; provided an update regarding the Superintendent's Commission on Assessment;
and stated that future Superintendent Reports would include reports from the at-large education
community. Dr. White requested an item be placed on the February agenda regarding the
streaming of meetings. Mr. Campbell requested an update regarding the TELL survey. Ms.
Michele Blatt, Chief Officer, Division of School Effectiveness, provided an update regarding the
status of the TELL survey and indicated that it is anticipated that the survey will roll out late
spring. Superintendent Martirano stated that that a monthly update will be provided regarding
the TELL survey. (Copy appended to Official Minutes, Attachment M.)
-4XI.
Update on Priority Schools and
Capacity Building for Intervention Counties
Ms. Blatt (distributed information) provided an update regarding priority schools and Dr.
Cindy Daniel, Deputy Superintendent, provided information regarding capacity building for
Wayne County Schools. Superintendent Martirano stated that an item would be placed on the
February agenda to take up concerns regarding the mathematics subject area inclusive of staffing
and testing scores. (Copy appended to Official Minutes, Attachment Mc.)
XII.
Break
President Green called for a break at 2:54 p.m.
XIII.
Call to Order
President Green called the meeting back to order at 3:09 p.m.
XIV.
Policy 4355, High School Diploma for Veterans
Ms. Mary Catherine Tuckwiller, WVBE attorney, presented Policy 4355 for the Board's
consideration. 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 policy. 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.
Mr. Jackson moved that Policy 4355 be placed on public comment for 30 days. Mrs.
Combs seconded the motion and upon the call for the question the motion was carried
unanimously. (Copy appended to Official Minutes, Attachment H.)
XV.
Implementation of the Master Plan for Statewide Professional
Staff Development for 2014-2015: An Evaluation Study
Mr. Sterling Beane, Chief Officer, Division of Technology, and Ms. Pat Hammer,
Coordinator, WVDE Office of Research, presented the Implementation of the Master Plan for
Statewide Professional Staff Development for 2014-2015: An Evaluation Study for the Board's
consideration. 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).
Mr. Jackson moved that the Implementation of the Master Plan for Statewide
Professional Staff Development for 2014-2015: An Evaluation Study be approved for submission
to LOCEA. Ms. Kingery seconded the motion and upon the call for the question the motion was
carried unanimously. (Copy appended to Official Minutes, Attachment I.)
-5XVI.
WVBE Personnel Matters
President Green called for a motion to approve the Board's personnel items found in the
attachment. Mrs. Combs moved that personnel items be approved. Dr. Wilson seconded the
motion and upon the call for the question the motion was carried unanimously. (Copy appended
to Official Minutes, Attachment J.)
XVII.
Chancellor Reports
Chancellors Hill and Tucker were unable to attend the meeting.
XVIII.
Update - WVBE Actions for Improved Outcomes
Ms. Donna Hoylman Peduto (distributed information), WVBE Director of Operations,
provided an update regarding actions taken by the Board to improve educational outcomes and
support to county boards of education. WVBE Finance Committee - Mr. Campbell reported that
the watch list has expanded and now includes: Boone, Calhoun, Clay, Fayette, Gilmer, Grant,
Greenbrier, Hampshire, Hancock, Lewis, Pocahontas and Upshur Counties. Discussion ensued
regarding the watch list counties and pension funding. Mr. Campbell further advised that today's
the Finance Committee was unnecessary and cancelled the meeting. WVBE High Quality
Educator and Accountability Committee Reports - Mr. Jackson provided reports on behalf of
the committees. (Copies appended to Official Minutes, Attachment N.)
XIX.
WVBE Coordinator of Board Agencies Report
Mr. Jason L. Butcher, WVBE Coordinator of Board Agencies, provided an update
regarding his work with Board agencies.
XX.
Items for Future Consideration
President Green requested that items for consideration for placement on a future agenda
be provided to Ms. Peduto as soon as possible. Mr. Jackson suggested that counsel prepare a
resolution regarding the teacher shortage for Board's consideration.
XXI.
Office of Education Performance Audits (OEPA)
Director's Information
Ms. Susan O'Brien, Director, OEPA, provide brief remarks regarding on-site reviews and
data and stated that reviews for Clay, Boone, and Putnam Counties will be presented in February
and Kanawha County will be presented in March.
XXII.
Gilmer County School District Status Report
Executive Session
Ms. O'Brien and Mr. Gabe Devono (distributed information), Superintendent, Gilmer
County Schools, introduced the following staff who accompanied him to the meeting, Ms.
Kyre-Anna Minney, Academic Coach/Instructional Facilitator, and Mr. Joe Frashure, Food
Service/Transportation Director, and provided a status report inclusive of background, finance,
facilities, personnel, central office leadership and other, regarding the Gilmer County School
-6District. The Board, 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 noncompliances 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.
(Copy appended to Official Minutes, Attachment O.)
Mr. Jackson moved, in accordance with W. Va. Code §6-9A-4(b)(2)(A) [personnel
exception], that the Board enter into executive session. Mrs. Combs seconded the motion and
upon the call for the question the motion was carried unanimously. The Board moved into
executive session at 4:05 p.m. Dr. White departed the executive session and meeting at
4:26 p.m.
XXIII.
Return from Executive Session
The Board returned from executive session at 4:59 p.m. at which time President Green
announced that no decisions were made or action taken.
XXIV.
Future Meetings
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.
XXV.
Adjournment
President Green called for a motion to adjourn. Mr. Campbell moved, and Mr. Jackson
seconded, that the meeting be adjourned. Upon the call for the question the motion was carried
unanimously; the meeting was adjourned at 5:00 p.m.
Minutes approved by the Board on February 10, 2016.
______________________________________________
Michael I. Green, President
______________________________________________
Tina H. Combs, Secretary
Minutes were recorded by
Virginia M. Harris
Secretary to the Board
WVBEMinutes1/13/16