MINUTES
WEST VIRGINIA BOARD OF EDUCATION
Board Conference Room
Capitol Building 6, Room 353
1900 Kanawha Boulevard, East
Charleston, West Virginia
October 9, 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 10:07
a.m. on October 9, 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, 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, and James L. Skidmore, Chancellor, West Virginia Council for
Community and Technical College Education. Student representative present was Mr. Blake
Humphrey, a senior at Wheeling Park High School, Ohio County. Member absent was Paul L.
Hill, Chancellor, West Virginia Higher Education Policy Commission.
II.
Recognitions
Superintendent Phares introduced Ms. Ellie Rhodes (who appeared via VGo-robotic
telepresence), a third grade student (recovering from leukemia) who attends Hinton Area
Elementary School. Ms. Jennifer Farley, Treasurer, Summers County Schools, assisted with the
VGo demonstration and introduced Mr. Ted Poole from the Hinton Area Foundation who
provided assistance in obtaining a VGo for Ms. Rhodes. The Board recognized Ms. Vicki
Hinnerman, Superintendent, and the Summers County Board of Education, for being the first in
West Virginia to implement VGo technology.
Vice-President Green recognized Globaloria for receiving a 2013 Laureate of The Tech
Award. Globaloria was recognized as a “Microsoft Education Award” Laureate.
III.
Delegations
Mr. Charlie Pritt, Fayette County citizen and business owner, addressed the Board
regarding the future of Fayette County Schools Dr. Amelia Courts (distributed invitation), CEO,
The Education Alliance, addressed the Board regarding the November 8th Education Summit.
Mr. Steve Finn and Mr. Clay Jarrell, Chestnut Mountain Ranch, addressed the Board regarding
Chestnut Mountain Ranch being a provider of education services as provided in House Bill 2861.
President Manchin requested that Ms. Peduto and Superintendent Phares coordinate efforts to
apply the criteria for approval to the Mr. Finn's request and report back to the Board with a
-2recommendation no later than December 2013. Mr. Chris Skaggs, Fayette County citizen,
addressed the Board regarding Fayette County Schools. The following individuals addressed the
Board regarding Meadow Bridge High School and Fayette County Schools: Ms. Carolyn Arritt
(distributed information), citizen, Ms. Michelle Farr (distributed information), citizen and parent,
Ms. Sandra Harkins, citizen and parent, Mr. Scott Ingleton, pastor of Meadow Bridge United
Methodist Church, Mr. Leon Ivey, member of the Fayette County Board of Education, Mr. Geoff
Heeter, citizen and business owner, Dr. Sylvia Allen, citizen and retired educator, Ms. Jeanne
Young, citizen, parent, grandparent and former member of the Fayette County Board of
Education, Mr. Bill Lanham, citizen, parent and Town Superintendent of Fayetteville. Copies of
letters from James P. Gray, member of the Fayette County Board of Education, and Ms. Lauren
Weatherford, citizen and parent, Fayette County, were distributed. Mr. Dale Lee (distributed
information), President, WVEA addressed the Board regarding competitive pay for educators.
(Copies appended to Official Minutes, Attachment O.)
IV.
Break
President Manchin called for a break for lunch at 11:25 a.m.
V.
Call to Order
President Manchin called the meeting back to order at 11:37 a.m.
VI.
Approval of Agenda
President Manchin requested a motion to approve the agenda. Mr. Jackson requested that
Consent Agenda item B. 7. West Virginia Secondary School Activities Commission (WVSSAC)
Series 2, Athletics, Provisions Governing Eligibility be removed from the Consent Agenda and
that the item be taken up immediately following the approval of the Agenda. President Manchin
notified the assembly that New Business Items D. Discussion regarding Pending Legal Matter in
Jorea M. Marple v. West Virginia Board of Education and E. WVBE Personnel including
Consideration of the Hiring of a Search Firm to Conduct the Search for a State Superintendent
of Schools and Overview of the Hiring Process would be taken up at 1:00 p.m. 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.
VII.
West Virginia Secondary School Activities Commission (WVSSAC)
Series 2, Provisions Governing Eligibility
Mr. Jackson expressed concern that the new section regarding concussion was not
comprehensive and requested that the item be laid over until November to allow additional time
to refine the section. Following discussion, Mr. Jackson moved that action regarding the rule be
delayed until the Board's November meeting. Mr. Dunlevy seconded the motion and upon the
call for the question the motion was carried unanimously. (Copy appended to Official Minutes,
Attachment I.)
-3VIII.
West Virginia Public Broadcasting
Mr. Scott Finn, Executive Director, West Virginia Public Broadcasting, provided an
overview of services provided by West Virginia Public Broadcasting.
IX.
Informational Report regarding Cedar Lakes
Senator Mitch Carmichael (District 4) provided an informational report regarding the
Cedar Lakes Conference Center and requested time be allowed for the development of a plan for
the operation and sustainability of Cedar Lakes. Senator Carmichael introduced Ms. Carolyn
Rader, Mayor of Ripley, who was in attendance for the presentation. Dr. White requested
Senator Carmichael present a proposal for the Board's consideration.
X.
Appalachia Regional Comprehensive Center Report
on Collaboration with WVBE/WVDE
Dr. Sharon Harsh, Director, Ms. Sarah Sayko and Dr. Karen Larry (distributed
information), West Virginia State Coordination Team Members, Appalachia Regional
Comprehensive Center, provided a report on collaborative efforts with the West Virginia Board
of Education (WVBE) and the West Virginia Department of Education (WVDE). (Copy
appended to Official Minutes, Attachment P.)
XI.
Break
President Manchin called for a break for lunch at 12:28 p.m.
departed the meeting.
XII.
Chancellor Skidmore
Call to Order
President Manchin called the meeting back to order at 1:07 p.m.
XIII.
Discussion regarding Pending Legal Matter in
Jorea M. Marple v. West Virginia Board of Education
No information was provided.
XIV.
WVBE Personnel including Consideration of the
Hiring of a Search Firm to Conduct the Search for a
State Superintendent of Schools and Overview of the Hiring Process
President Manchin introduced Mr. Vic Flanagan of Pullin, Fowler, Flanagan, Brown &
Poe, PLLC, who presented information for the Board's consideration regarding the hhiring of a
search firm to conduct the search for a State Superintendent of Schools and provided a brief
overview of the hiring process that will take approximately six to eight months.
-4President Manchin called for a motion to proceed with the process for hiring a search
firm to conduct the search for a State Superintendent of Schools. Ms. Combs moved that Board
proceed with process for hiring a search firm to conduct the search for a State Superintendent of
Schools. Dr. White seconded the motion and upon the call for the question the motion was
carried unanimously.
President Manchin called for a motion to approve the Board's personnel attachment as
amended. Mr. Linger moved that the WVBE's personnel matters, as amended, be approved. Mr.
Campbell seconded the motion and upon the call for the question the motion was carried
unanimously. (Copy appended to Official Minutes, Attachment Mc and addendum.)
XV.
Leadership Capacity Building for Local School Boards
Dr. Howard M. O'Cull, Executive Director, West Virginia School Board Association,
provided information regarding leadership capacity building for local school boards.
XVI.
Amendment - Fayette County Comprehensive
Educational Facilities Plan (CEFP)
Mr. Keith Butcher (distributed information), Superintendent of Fayette County Schools,
presented an amendment to the Fayette County CEFP for the Board's consideration. This
amendment to the CEFP was submitted at the direction of WVBE during the September 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.
Discussion ensued regarding the proposed amendment to the CEFP. Mr. Linger moved
to approve the amendment to the 2010-2020 Fayette County CEFP dated September 24, 2013.
Mr. Campbell seconded the motion. Prior to the vote Mr. Jackson spoke in opposition to the
motion; Dr. White, Mr. Green, and Mr. Campbell spoke in support of the motion. Upon the call
for the question the motion was carried with six members voting yes and two members (Mr.
Dunlevy and Mr. Jackson) voting no. (Copy appended to Official Minutes, Attachment A and
addendum.) Chancellor Skidmore returned to the meeting.
XVII.
Governor's Education Agenda
President Manchin, assisted by Ms. Donna Hoylman Peduto (via PowerPoint presentation
and distributed information), WVBE Director of Operations, Dr. James B. Phares, State
Superintendent of Schools, and members of the Board, provided an update regarding progress
toward accomplishing the Governor's education reform agenda including: Commission on
School District Governance and Administration (Mr. Campbell); Governor's Commission on
Middle Grades (Mrs. Combs); using RESAs more efficiently, utilizing cross counseling (Mr.
Linger); Preparation for Tomorrow; teacher certification/professional development to support
reading on grade level by end of third grade (President Manchin and Mr. Jackson); leadership
capacity development; Re-imagining Instructional Time Committee (Dr. White and Mrs.
Combs); Fall Superintendent's Leadership Institute and policy development (Superintendent
-5Phares - distributed information; assisted by Ms. Heather Hutchens, General Counsel to the
WVBE and WVDE); no new information was available regarding studies undertaken in response
to the Governor's education legislation. (Copies appended to Official Minutes, Attachment Q.)
XVIII.
Break
President Manchin called for a break at 3:31 p.m.
XIX.
Call to Order
President Manchin called the meeting back to order at 3:42 p.m.
XX.
Chancellor Reports
Chancellor Skidmore (distributed information) provided an update regarding a grant
awarded to his agency. Mr. Robert E. Hull, Associate State Superintendent, Division of
Teaching and Learning, distributed a report on the behalf of Chancellor Hill who was unable to
attend the meeting and provided a brief overview (distributed copy) of an Improving Student
Learning at Scale (ISLS): A Collaborative Policy Project grant. (Copies appended to Official
Minutes, Attachment R.)
XXI.
RESA Liaison Report
Ms. Jane Lynch (distributed information), Executive Director of RESA 8 and WVBE
RESA Liaison, provided a report of RESA activities as listed on the attachment. (Copy
appended to Official Minutes, Attachment S.)
XXII.
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 a number of low
performing schools and the intervention counties. Dr. K. Lynn Boyer, Superintendent, West
Virginia Schools for the Deaf and the Blind, provided an update regarding activities that have
occurred since the Board's September visit and the development of a long-range plan that will be
implemented in phases.
Following discussion, it was determined that a resolution would be brought before the
Board for action when the meeting is reconvened on October 10.
XXIII.
Recess
President Manchin recessed the meeting at 4:43 p.m. and announced that the meeting
would reconvene on October 10 at 9:00 a.m. in the same location.
-6XXIV.
Reconvene
President Manchin reconvened the meeting of October 9, 2013, at 9:01 a.m. on October
10, 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, Lloyd G. Jackson II, L. Wade Linger Jr.,
and William M. White and ex officio James B. Phares, State Superintendent of Schools.
Members absent were Thomas W. Campbell and ex officios Paul L. Hill, Chancellor, West
Virginia Higher Education Policy Commission, and James L. Skidmore, Chancellor, West
Virginia Council for Community and Technical College Education. Also absent was student
representative Blake Humphrey.
XXV.
Consent Agenda
Mr. Green moved that the Consent Agenda be approved as previously amended.
Mr.
Dunlevy seconded the motion and upon the call for the question the motion was carried
unanimously. (Copies appended to Official Minutes, Attachments B through H and J.)

Approved minutes of September 11, 2013, meetings (Attachment B)

Received information regarding WVDE Personnel Matters (Attachment C and
addendum)

Approved two first time requests and three request for continuation of a waiver
of WVBE policy (Attachment D)

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 Barbour, Boone, Harrison, Lewis and
Ritchie County Schools (Attachment E)

Approved Employment of Substitute Teachers in Areas of Critical Need
policies for Lewis and Wood County Schools (Attachment F)

Approved Policy 2340, West Virginia Measures of Academic Progress
(Attachment G)

Approved Policy 4350, Procedures for the Collection, Maintenance and
Disclosure of Student Data (Attachment H)

Approved adjustments to the membership of the West Virginia Schools for the
Deaf and the Blind Board of Advisors (Attachment J).
-7XXVI.
Office of Education Performance Audit ~ Director's Information
Dr. Gus Penix (distributed information), Director of the Office of Education Performance
Audits (OEPA), provided an update regarding the revision of Policy 2320 and employment of
new personnel.
XXVII.
Selection of Schools and
County School Systems for Education Performance Audits
Dr. Penix requested the Board enter into executive session discuss the selection of school
and county school systems for on-site reviews.
President Manchin, in accordance with W. Va. Code §18-2E-5(m)(1), called for a motion
to enter into executive session to discuss schools to be subject to an on-site review or dates for
which on-site reviews will be conducted. Upon motion by Mr. Linger, seconded by Mr. Green
and unanimously carried, the Board entered into executive session at 9:07 a.m.
XXVIII.
Return from Executive Session
Dr. White moved that the Board return from executive session. Mr. Green seconded the
motion and upon the call for the question the motion was carried unanimously. The Board
returned from executive session at 9:50 a.m. at which time President Manchin reported that no
action was taken.
XXIX.
Break
President Manchin called for a break at 9:50 a.m.
XXX.
Call to Order
President Manchin called the meeting back to order at 10:07 a.m.
XXXI.
Cooperative Purchasing Agreement with
Texas Region 8 Education Service Center
Ms. Lynch presented a Cooperative Purchasing Agreement with Texas Region 8
Education Service Center for the Board's consideration. As part of the WVBE response to the
Governor's reform agenda, West Virginia 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.
Dr. White moved that RESA 8, representing all West Virginia RESAs, be authorized to
enter into a cooperative purchasing agreement with Texas Region 8 Education Service Center.
Mr. Dunlevy seconded the motion and upon the call for the question the motion was carried
unanimously. (Copy appended to Official Minutes, Attachments K.)
-8-
XXXII.
Policy 2422.8, Medication Administration
Mr. Hull, assisted by Ms. Rebecca King, Coordinator, WVDE Office of Special
Programs, presented Policy 2422.8 for the Board's consideration. Policy 2422.8 establishes
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.
Mr. Green moved that Policy 2422.8 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 L.)
XXXIII.
Policy 3234, School Calendar
Mr. Joe Panetta (distributed information), Assistant State Superintendent, Division of
Student Support Services, presented Policy 3234 (amended 10-10-13) for the Board's
consideration. 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.
Dr. White moved that Policy 3234 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 M and addendum.)
XXXIV.
Capacity Building for Low Performing Schools
and Intervention Counties (Continued)
West Virginia Schools for the Deaf and the Blind Resolution
Dr. White read the following resolution into the minutes regarding the West Virginia
Schools for the Deaf and the Blind for the Board's consideration.
West Virginia Board of Education
Resolution for the West Virginia Schools for the Deaf and the Blind
October 10, 2013
WHEREAS, The West Virginia Board of Education has statutory authority related to the direction of the West
Virginia Schools for the Deaf and the Blind; and,
-9WHEREAS, The West Virginia Schools for the Deaf and the Blind have operated in Romney, West Virginia since
1870 in the service of students who have special abilities related to hearing and vision and who need a
comprehensive system of support; and,
WHEREAS, A facilities plan prepared pursuant to the process established by the State Board and the School
Building Authority resulted in a potential request in excess of $100 million, and the magnitude of that potential
request created the need for the State Board to consider seriously all aspects of the future of the Schools for the Deaf
and Blind; and
WHEREAS, The Superintendent of the West Virginia Schools for the Deaf and the Blind has devoted two years to a
planning process, communication process, and articulation process with various stakeholders that include but are not
limited to the West Virginia Department of Education, West Virginia Schools for the Deaf and the Blind Board of
Advisors, community and state agencies, and individual community and state advocates to build support for
updating and modernizing programs and facilities for the Schools in the town of Romney, West Virginia; and,
WHEREAS, As a part of its review, the Board conducted a meeting in Romney at the Schools for the Deaf and
Blind and made significant review and investigation of the Schools; and
WHEREAS, While in Romney, the State Board did conduct a public hearing before a standing room only crowd
where citizens presented their views on the future of the Schools for the Deaf and Blind, which hearing was very
informative and productive, and conducted with great respect and propriety among all the participants; and
therefore, be it
Resolved by the West Virginia Board of Education:
That the location of the West Virginia Schools for the Deaf and the Blind in Romney, West Virginia is critical to
both the welfare of the students who matriculate through these programs and to the overall vitality of the town of
Romney, West Virginia; and, be it
Further Resolved, That the care shown by the Romney community for every individual student and adult associated
with the schools provides the underlying strength and fiber for the backbone of support necessary for the success of
the overall mission of the West Virginia Schools for the Deaf and the Blind; and, be it
Further Resolved, That the cooperation and collaboration developed by the leadership of the West Virginia Schools
for the Deaf and the Blind over the past two years has culminated in a rallying effort by legislators of the area,
community leaders in the area, and individual citizen groups who have all wrapped their arms around the schools to
regenerate a commitment and enthusiasm for the sustainability of the schools; and, be it
Further Resolved, That the Romney community understands and respects the special characteristics of the learners
in these schools and did provide their input in a forum that was conducted with a firm resolve and utmost respect for
the West Virginia Board of Education; and, be it
Further Resolved, That the West Virginia Board of Education commits to partnering with the Superintendent of the
West Virginia Schools for the Deaf and the Blind to revisit the Comprehensive Education Facilities Plan, to identify
funding sources to realize the facilities plan, and to implement an intentional student recruitment plan; and, be it
Finally Resolved, That the West Virginia Board of Education agrees that the location of the West Virginia Schools
for the Deaf and the Blind should remain in Romney, West Virginia.
Mrs. Combs moved that the resolution regarding the West Virginia Schools for the Deaf
and the Blind, dated October 10, 2013, be approved. Mr. Green seconded the motion and upon
the call for the question the motion was carried unanimously. (Copy appended to Official
Minutes, Attachment T.)
- 10 XXXV.
Superintendent Reports
Superintendent Phares (distributed information and via PowerPoint presentation)
provided reports regarding student achievement data inclusive of ESEA designations, growth
model and AP/SAT scores, Middle Grades Commission and the follow-up budget meeting with
the State Budget Office. (Copy appended to Official Minutes, Attachment U.)
XXXVI.
Board Items for Future Consideration
President Manchin requested that items for future consideration be provided to her in
advance of meetings. Mr. Jackson requested a presentation regarding a hiring process and
procedures for new teachers be presented at the November meeting, Mr. Linger requested a
resolution be presented at the November meeting to protect personally identifiable data, an
update regarding curriculum standards was requested to be presented at the November meeting
(Wednesday). President Manchin stated that the Board will participate in a self-appraisal at a
future date (April or May). (Copy appended to Official Minutes, Attachment N.)
XXXVII.
Future Meetings
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.
XXXVIII.
Adjournment
President Manchin declared the meeting adjourned at 11:07 a.m.
Minutes approved by the Board on November 13, 2013.
______________________________________________
Gayle C. Manchin, President
______________________________________________
Robert W. Dunlevy, Secretary
Minutes were recorded by
Virginia M. Harris
Secretary to the Board
WVBEMinutes10/9/13