MINUTES
WEST VIRGINIA BOARD OF EDUCATION
Board Conference Room
Capitol Building 6, Room 353
1900 Kanawha Boulevard, East
Charleston, West Virginia
November 8, 2011
I.
Call to Order
President L. Wade Linger Jr. called the meeting of the West Virginia Board of Education
(WVBE) to order at 12:30 p.m. on November 8, 2011, in the Board Conference Room, Capitol
Building 6, Room 353, 1900 Kanawha Boulevard, East, Charleston, West Virginia.
The following members were present: President Linger, Vice President Gayle C. Manchin,
Secretary Robert W. Dunlevy, Michael I. Green, Priscilla M. Haden, Lloyd G. Jackson II, Lowell E.
Johnson, Jenny N. Phillips and William M. White and ex officios Brian E. Noland, Chancellor,
West Virginia Higher Education Policy Commission, and James L. Skidmore, Chancellor, West
Virginia Council for Community and Technical College Education. Student representative in
attendance was Savannah Chandler of St. Marys, West Virginia, who attends Ritchie County High
School (Ritchie County). Member absent was ex officio Jorea M. Marple, State Superintendent of
Schools.
II.
Oath of Office
Justice Menis E. Ketchum, Supreme Court of Appeals of West Virginia, administered the
Oath of Office to Mr. Lloyd G. Jackson II of Lincoln County. Mr. Jackson was appointed to the
Board on November 7, 2011, to a term ending November 4, 2020, and succeeds Ms. Burma Hatfield
of Mingo County.
III.
International Education Week
Dr. Amelia Courts, Assistant State Superintendent, Division of Educator Quality and System
Support, addressed the Board regarding activities planned in celebration of International Education
Week and introduced students Japanese students from West Teays Elementary, Putnam County,
who performed a musical selection for the Board. Ms. Valerie Fowler, Principal, West Teays
Elementary School, addressed the Board regarding international education. Mr. Robert Crawford,
Assistant Director, WVDE Office of Title II, III and System Support, provided information
regarding global education.
IV.
Delegations
Ms. Judy Hale, President, American Federation of Teachers-West Virginia, Mr. Dale Lee,
President, West Virginia Education Association, and Mr. Mike Kelly, Principal, Herbert Hoover
High School, and Mr. Jeff Kelly, Principal, St. Albans High School, Kanawha County School
Masters Association, addressed the Board regarding the proposed revision of Policy 4373, Expected
Behavior in Safe and Supportive Schools. Chancellor Skidmore joined the meeting.
-2V.
Recognitions
President Linger recognized Ms. Burma Hatfield for her service as member of the Board
(Ms. Hatfield’s term expired on November 4, 2011). Mr. Joe Panetta, Assistant State
Superintendent, Division of Student Support Services, introduced Mr. Jack Defibaugh, Greenbrier
County Schools, recipient of the 2011 National Association for Pupil Transportation’s America’s
Best School Bus Inspector award. America’s Best was created in 2004 to recognize technicians and
inspectors who work behind the scenes at school districts nationwide.
VI.
Approval of Agenda
President Linger requested that item VII. Education Efficiency Audit be moved to November
9 and item XII. Board Reports, A. Broadband Technology and Opportunities Program (BTOP)
Update be moved to immediately follow the approval of the agenda. Upon motion by Mrs.
Manchin, seconded by Dr. Johnson, the Board unanimously approved the agenda with the requested
changes.
VII.
Broadband Technology and Opportunities Program (BTOP) Update
Mr. Jimmy J. Gianato, Director, West Virginia Homeland Security and Emergency
Management, provided an update regarding BTOP. Mr. Gianato will provide another update at the
Board’s March 2012 meeting.
VIII.
Chartering New Schools: An Opportunity for West Virginia
Mr. Nelson Smith (distributed information), Charter Schools Advocate, addressed the Board
regarding Charter Schools. (Copy appended to Official Minutes, Attachment Y.)
IX.
Break
President Linger called for a break at 2:00 p.m.
X.
Call to Order
President Linger called the meeting back to order at 2:15 p.m.
XI.
Initial Individual School Education Performance
Audit Report for Elkins Mountain School
(Juvenile Insitutional Education Program) located in Randolph County
Dr. Gus Penix, Director of the Office of Education Performance Audits, reported that an
announced on-site review of the Elkins Mountain School (Juvenile Institutional Education Program)
which is under the governance of the WVBE and State Superintendent of Schools was conducted on
October 12, 2011. The review was conducted at the specific direction of the WVBE and to assure
effective and efficient education programs and accountability to the public for the education of
students in juvenile institutions.
-3Upon the recommendation of Dr. Penix and a motion by Ms. Phillips, seconded by Ms.
Haden, the Board unanimously approved the Elkins Mountain School’s Education Performance
Audit Report. (Copy appended to Official Minutes, Attachment A.)
XII.
Initial Individual School Education Performance
Audit Report for Pressley Ridge at Grant Gardens
(Juvenile Insitutional Education Program) located in Cabell County
Dr. Penix reported that an announced on-site review of Pressley Ridge at Grant Gardens
(Juvenile Institutional Education Program) which is under the governance of the WVBE and State
Superintendent of Schools was conducted on October 11, 2011. The review was conducted at the
specific direction of the WVBE and to assure effective and efficient education programs and
accountability to the public for the education of students in juvenile institutions.
Upon the recommendation of Dr. Penix and a motion by Mrs. Manchin, seconded by Ms.
Phillips, the Board unanimously approved the Pressley Ridge at Grant Garden’s Education
Performance Audit Report. (Copy appended to Official Minutes, Attachment B.)
President Linger moved item XIII. Office of Education Performance Audits (OEPA), D.
Selection of Schools and County Schools Systems for Education Performance Audits to take place
later in the agenda.
XIII.
Capacity Building for Low Performing Schools
Ms. Michele Blatt, Executive Director, WVDE Office of School Improvement, Mr. Ted
Mattern, and Dr. Jack McClanahan, System Support Liaisons, Office of the State Superintendent,
provided information regarding capacity building for the intervention counties and a number of low
performing schools. Dr. Lynn Boyer, Superintendent, West Virginia Schools for the Deaf and the
Blind, provided an in-depth report regarding progress toward addressing OEPA audit report
findings at the West Virginia Schools for the Deaf and the Blind.
XIV.
Consent Agenda
Upon motion by Mr. Dunlevy, seconded by Dr. White, the Board unanimously approved the
Consent Agenda. (Copies appended to Official Minutes, Attachments C through Mc.)

Continued Full Accreditation Status for the Calhoun-Gilmer Career-Technical
Center, Calhoun County (Attachment C)

Meeting minutes of October 5, 2011 (Attachment D)

Amendment of the Braxton County Comprehensive Educational Facilities Plan
(CEFP) to include the replacement of school floor plans currently found in the
CEFP which were found to have inaccuracies (Attachment E)
-4-
XV.

Amendment of the Clay County CEFP to include all necessary updates at
Lizemore Elementary School, including a provision for a sprinkler system
(Attachment F)

Amendment of the Jefferson County CEFP to identify Harpers Ferry Middle
School cafeteria and band room renovations as the county’s #1 priority as a Major
Improvement Project (MIP). This MIP will renovate and enlarge both the cafeteria
and band room and create a circulation pattern that will reduce the students' time
between classes (Attachment G)

Amendment of the Kanawha County CEFP to identify Andrew Heights
Elementary School as the county’s #1 priority as a School Building Authority
Needs Project, and identify John Adams as the county’s #1 priority as a Major
Improvement Project (MIP) (Attachment H)

Amendment of the Lincoln County CEFP to include window replacements at
Hamlin PK-8 and Ranger Elementary (Attachment I)

Amendment of the Mercer County CEFP to include the replacement of school
floor plans currently found in the CEFP which were found to have inaccuracies
(Attachment J)

Amendment of the Upshur County CEFP to include new signage for doors at
Buckhannon Academy Elementary School and an updated floor plan for French
Creek Elementary School (Attachment K)

Four first-time requests for a waiver of WVBE policy (Attachment L)

Notification, per Senate Bill 227, W. Va. Code §18A-4-7a, Transfer of Teachers
After Five Days Prior to Starting Instruction, from Hampshire, Hancock and
Lewis County Schools (Attachment M)

Employment of Substitute Teachers and Retired Teachers as Substitutes in Areas
of Critical Need and Shortage Policies, school year 2011-2012, for Nicholas
County (Attachment Mc)

Notification of appointments to the Innovation Zone Selection Committee: Chad
Norman, principal, Sonji Richardson, teacher, and Van Dempsey, higher
education.
Amendment/Closures – McDowell County
Comprehensive Educational Facilities Plan (CEFP)
Dr. McClanahan (distributed information) presented an amendment to the McDowell
County CEFP for the Board’s consideration. The amendment includes the proposed closure of
Anawalt School, Welch Elementary and Fall River School. The students from the three schools will
be merged into the newly constructed PK-5 Elementary School and the Fall River School will be
-5converted and become the McDowell County Career Tech Center. Chancellor Noland departed the
meeting.
Upon motion by Dr. Johnson, seconded by Dr. White and unanimously carried, the Board
approved the amendment, including the proposed closure of Anawalt School, Welch Elementary
and Fall River School, of the McDowell County CEFP. (Copy appended to Official Minutes,
Attachment N and addendum.)
XVI.
Request for Permission to Create a New Bus Route which
Exceeds the Recommended Duration of the One-Way School Bus
Transportation Time for Elementary Students in WVBE Policy 4336
Mr. Panetta introduced Dr. Serena Starcher, Assistant Superintendent, Fayette County
Schools, who presented a request for permission to create a new bus route which exceeds the
recommended duration of the one-way school bus transportation time for elementary students set
forth in WVBE Policy 4336.
Upon motion by Ms. Haden, seconded by Mr. Dunlevy, the Board unanimously approved
the request for permission to create a new bus route which exceeds the one-way school bus
transportation time set forth in WVBE Policy 4336 for affected students upon the proposed closure
of Danese Elementary School. (Copy appended to Official Minutes, Attachment O.)
XVII.
2010-2020 West Virginia Schools for the Deaf and
the Blind (WVSDB) Comprehensive Educational Facilities Plan (CEFP)
Mr. Mike Pickens, Executive Director, WVDE Office of School Facilities, and Dr. Boyer
recommended the hiring of ZMM and its consultants as the design professionals to write the
WVSDB’s 2010-2020 CEFP. The WVSDB has completed negotiations with the ZMM
architectural firm and has reached an acceptable cost to complete its new ten year (2010-2020)
CEFP.
Upon motion by Dr. Johnson, seconded by Dr. White, the Board unanimously approved the
hiring and associated costs of ZMM and its consultants as the design professionals to write the
WVSDB’s 2010-2020 CEFP. (Copy appended to Official Minutes, Attachment P.)
XVIII.
Resolution in Support of Technology-Driven
Innovative Practices, Platforms and Programs
President Linger presented a resolution in support of technology-driven innovative practices,
platforms and programs for the Board’s consideration.
Upon motion by Mrs. Manchin, seconded by Mr. Green, the Board unanimously adopted the
resolution in support of technology-driven innovative practices, platforms and programs. It was
determined that the resolution be provided to appropriate entities along with a letter from the
Board’s President. (Copy appended to Official Minutes, Attachment Q.)
-6XIX.
Digital Learning Day (February 1, 2012)
Dr. Johnson requested the Board’s support the observance of Digital Learning Day
(February 1, 2012).
Upon motion by Dr. Johnson, seconded by Mrs. Manchin, the Board unanimously issued
their support of Digital Learning Day (February 1, 2012).
XX.
Policy 2200, Local School Improvement Councils:
Engaging Parents, Families, Students, Business and Community in Education
Mrs. Manchin presented Policy 2200 for the Board’s consideration. Policy 2200 has been
revised to incorporate the role of Local School Improvement Councils in supporting schools, school
improvement and innovation. The revision will repeal and replace Policy 2200, Parent, Family and
Community Involvement in Education. On September 8, 2011, the suggested revisions were placed
on public comment for 30 days. At the end of the comment period, nine comments were received
from two individuals. One comment was a positive response and resulted in one edit to the policy.
Mrs. Manchin brought a concern regarding the policy to the Board’s attention and requested
a motion to table the action on Policy 2200. Ms. Haden moved, and Dr. White seconded, that action
regarding Policy 2200 be tabled. Due to the fact that Dr. Johnson had additional questions that
could not be addressed due to the motion to table, Ms. Haden and Dr. White withdrew their motion
to table. Discussion ensued regarding the policy.
Upon motion by Dr. White, seconded by Ms. Haden, the Board unanimously tabled action
regarding Policy 2200. (Copy appended to Official Minutes, Attachments R-1 and R-2.)
XXI.
Policy 2445.41, Textbook Adoption: Notice, Request,
and Instruction to Publishers
Mr. Robert E. Hull, Associate State Superintendent, Division of Curriculum and
Instructional Services, and Ms. Alma Simpson, Coordinator, WVDE Office of Instruction,
presented Policy 2445.41 for the Board’s consideration. Chancellor Skidmore departed the
meeting.
Upon motion by Mr. Dunlevy, seconded by Ms. Phillips, the Board unanimously placed
Policy 2445.41, inclusive of the repeal of Policies 2445.4, 2445.43 and 2445.412, on public
comment for 30 days. (Copy appended to Official Minutes, Attachment S.)
XXII.
Selection of Schools and County School Systems
for Education Performance Audits
President Linger, 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 Dr. White, seconded by Ms. Haden and
unanimously carried, the Board entered into executive session at 4:06 p.m.
-7XXIII.
Return from Executive Session
The Board returned from executive session at 4:26 p.m. at which time President Linger
reported that no action was taken. President Linger called for motions from the floor. Dr. Johnson
moved, and Ms. Haden seconded, that the schedule of selected schools and county school systems
for OEPA visits be modified. Upon the call for the question the motion was unanimously carried.
XXIV.
Recess
President Linger recessed the meeting at 4:27 p.m. and announced that the meeting would
reconvene on November 9, 2011, at 9:00 a.m. in the same location.
XXV.
Reconvene
President Linger reconvened the meeting of November 8, 2011, at 9:00 a.m. on November 9,
2011, in the Board Conference Room, Capitol Building 6, Room 353, 1900 Kanawha Boulevard,
East, Charleston, West Virginia.
The following members were present: President Linger, Vice President Gayle C. Manchin,
Secretary Robert W. Dunlevy, Michael I. Green, Priscilla M. Haden, Lloyd G. Jackson II (via
telephone), Lowell E. Johnson, Jenny N. Phillips and William M. White (via telephone), and ex
officio Jorea M. Marple, State Superintendent of Schools. Student representative in attendance was
Savannah Chandler of St. Marys, West Virginia, who attends Ritchie County High School (Ritchie
County). Members absent were officios Brian E. Noland, Chancellor, West Virginia Higher
Education Policy Commission, and James L. Skidmore, Chancellor, West Virginia Council for
Community and Technical College Education.
XXVI.
Education Efficiency Audit
Mr. Eric B. Schnurer, President, Public Works LLC, provided an update regarding the
Governor’s Education Efficiency Audit.
XXVII.
Delegation
Mr. Jeremy Dys, Family Policy Council of West Virginia, addressed the Board regarding the
proposed revision of Policy 4373, Expected Behavior in Safe and Supportive Schools.
XXVIII.
Policy 5100, Approval of Educational Personnel Preparation Programs
Dr. Courts and Ms. Lori Wiggins, Executive Director, WVDE Office of Professional
Preparation, presented Policy 5100 for the Board’s consideration. Policy 5100 is being revised to
clarify the policy in relation to clinical experiences in the elementary setting; to clarify clinical
experiences for endorsements that span multiple programmatic levels; to identify parameters for
clinical experiences in virtual school settings; to clarify to requirements to add an endorsement to a
Professional Certificate; to include standards for an Elementary Mathematics endorsement and an
Elementary Mathematics Specialization; and to make other edits to clarify the intent of the policy.
-8Upon motion by Mrs. Manchin, seconded by Ms. Phillips, the Board unanimously placed
Policy 5100, at sections 1.3 through 5, 10.5.c, and Appendices A-7, A-8, D and E, on public
comment for 30 days. (Copy appended to Official Minutes, Attachment T.)
XXIX.
Policy 5202, Minimum Requirements for the Licensure of
Professional/Paraprofessional Personnel and Advance Salary Classifications
Dr. Courts and Ms. Wiggins presented Policy 5202 for the Board’s consideration. Policy
5202 is being revised to allow the professional development required to renew the Chief Business
Official Authorization to be approved by the WVDE; to clarify the requirements to add an
endorsement to a Professional Certificate; and to make other edits to clarify the intent of the policy.
Upon motion by Dr. Johnson, seconded by Mrs. Manchin, the Board unanimously placed
Policy 5202, at sections 1.3, 1.4, 7.1.1.a, 9.7.3, 11.7.3.a.H.a., Appendix A and Appendix B, on
public comment for 30 days. (Copy appended to Official Minutes, Attachment U.)
XXX.
Appointment to Innovation Zone Selection Committee
President Linger announced that he has appointed Dr. White to the Innovation Zone
Selection Committee.
XXXI.
WVBE Personnel Matters
President Linger called for a motion to approve the Board’s personnel items. Dr. Johnson
moved, and Ms. Haden seconded, that the Board’s personnel items be approved. Upon the call for
the question the motion was carried unanimously. (Copy appended to Official Minutes, Attachment
V.)
XXXII.
Board Reports
WVBE Student Representation Committee. Ms. Haden announced that new student
representatives to the Board have been named: Ronald Lockhart, a senior at River View High
School (McDowell County), will serve December 2011 through February 2012; Varun Menon, a
senior from Martinsburg High School (Berkeley County) will serve March through May 2012; and
Molly Ballard, a junior at Poca High School (Putnam County) will serve September through
November 2012. Ms. Haden requested the Board’s approval to appoint Jared Peterson, a senior at
Morgantown High School (Monongalia County), to serve as student representative to the Board for
the months of June, July and August 2012. Ms. Chandler (distributed information) provided
information regarding her experience as student representative to the Board. The Board recognized
Ms. Chandler for her service as student representative. (Copy appended to Official Minutes,
Attachment Z.)
Board Member Reports.
Dr. Johnson attended the NASBE annual conference,
Superintendents’ Leadership Institute, and a meeting of the National Council for the Accreditation
of Teacher Education (NCATE).
Ms. Haden attended the NASBE annual conference,
Superintendents’ Leadership Institute, meeting of the Civic Literacy Council, and is serving on the
search committee for the Dean of Education at West Virginia University. Mrs. Manchin attended
-9the NASBE annual conference and meetings of the West Virginia County Board Member Training
Standards Review Committee. President Linger attended the NASBE annual conference and
announced his appointment to the NASA Space Grant Consortium Board of Directors. Mr. Green
attended the Superintendents’ Leadership Institute, dedication of a new technology college, RESA 7
meeting, and a counselor workshop. Ms. Phillips attended a meeting of the West Virginia Council
for Professional Teaching Standards and a truancy meeting sponsored by the West Virginia courts.
Dr. White attended the NASBE annual conference.
XXXIII.
Break
President Linger called for a break 10:34 a.m. Mr. Jackson departed the meeting.
XXXIV.
Call to Order
President Linger called the meeting back to order at 10:50 a.m.
XXXV.
State Superintendent’s Report
Universal Meal Program. Mr. Rick Goff, Executive Director, assisted by Kristy Blower,
Coordinator, WVDE Office of Child Nutrition, provided an update regarding the Universal Meal
Program. Mrs. Manchin requested the reinstatement of the Wellness Committee. Mr. Goff
introduced Ms. Diane Miller, Director of Services, Lincoln County Schools, who addressed the
Board regarding the child nutrition program in Lincoln County. Ms. Miller introduced Ms.
Christine Terry, Cafeteria Manager at Hamlin PreK-8, addressed the Board regarding the success of
the nutrition program.
Superintendent Marple presented Department personnel items for the Board’s information
and provided information regarding her attendance at the Global Education Leaders’ Program
sponsored by Council of Chief State School Officers and The Bill & Melinda Gates Foundation.
(Copy appended to Official Minutes, Attachment W.)
Superintendent’s Leadership Institute. Superintendent Marple provided information
regarding the Superintendent’s Leadership Institute.
Policy 4373, Expected Behavior in Safe and Supportive Schools, Discussion of
Comments. Superintendent Marple, assisted by Dr. Courts (distributed information), Mr. Matt
Kittle, Principal, WVDE Academy Programs, Ms. Heather Deskins, general counsel to the WVBE
and WVDE, and Ms. Melanie Purkey, Executive Director, WVDE Office of Healthy Schools,
provided a practitioner’s perspective, legal considerations and a summary of comments and
considerations regarding Policy 4373. Ms. Phillips departed the meeting. (Copy appended to
Official Minutes, Attachment AA.)
Superintendent Marple, with the Board’s approval, delayed the following reports to the
December meeting: 1) Higher Education Incorporation of Leadership and Counselor Standards into
Preparation Programs, 2) Update on National Assessment of Educational Progress (NAEP) Results,
3) Broadband Council Update, and 4) Advanced Placement Program.
- 10 XXXVI.
Board Items for Future Consideration
President Linger asked that items, inclusive of any requested during the meeting be provided
to him as soon as possible. Mrs. Manchin requested an item be included to reconstitute the Board’s
Wellness Committee. (Copy appended to Official Minutes, Attachment X.)
XXXVII.
Future Meetings
The Board will meet December 14, 2011, at 10:00 a.m., in Charleston, West Virginia for a
training session on Roberts Rules or Order, Parliamentary Procedure and the Ethics Act. The next
meeting of the Board will be held December 14, 2011, at 1:00 p.m., in Charleston, West Virginia.
The meeting will continue on December 15, 2011, if the agenda is not completed on December 14,
2011. The Board’s Common Ground Committee will meet on December 15 at 1:00 p.m. in
Charleston, West Virginia.
XXXVIII.
Adjournment
Upon motion by Dr. Johnson, seconded by Ms. Haden and unanimously carried, the Board
adjourned at 12:27 p.m.
Minutes approved by the Board on December 14, 2011.
_______________________________________________
L. Wade Linger Jr., President
_______________________________________________
Robert W. Dunlevy, Secretary
Minutes were recorded by
Virginia M. Harris
Secretary to the Board
WVBEMinutes11/8/11