MINUTES
WEST VIRGINIA BOARD OF EDUCATION
Lincoln County High School
81 Lincoln Panther Way
Hamlin, West Virginia
December 12, 2012
I.
Call to Order
Following the welcome, Pledge of Allegiance, posting of the colors by the Lincoln
County High School JROTC, and introductions, President L. Wade Linger Jr. called the meeting
of the West Virginia Board of Education (WVBE) to order at 10:41 a.m. on December 12, 2012,
in the Media Center at Lincoln County High School, 81 Lincoln Panther Way, Hamlin, West
Virginia.
The following members were present: President Linger, Vice President Gayle C.
Manchin, Secretary Robert W. Dunlevy (via telephone), Thomas W. Campbell, Michael I.
Green, Priscilla M. Haden, Lloyd G. Jackson II, Jenny N. Phillips and William M. White, and ex
officio Charles K. Heinlein, State Superintendent of Schools. Student representative in
attendance was Luke Massey of Masontown, West Virginia, who attends Preston High School
(Preston County). Members absent were 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.
II.
Oath of Office
The Oath of Office was administered to Mr. Campbell.
III.
Welcome and Informational Presentation
Ms. Patricia Lucas, Superintendent, Lincoln County Schools, welcomed the Board to
Lincoln County, introduced and thanked central office staff for their assistance in preparing for
the meeting, and identified local Board members and school principals in attendance. Mr. Dana
Snyder, Principal, Lincoln County High School, welcomed the Board and thanked staff who
assisted with the meeting. Mr. Kirk King, Principal, West Hamlin Elementary School, provided
information regarding the path his school has traveled on its way to being identified as a School
of Excellence.
IV.
Delegations
Mr. Dale Lee, President of the West Virginia Education Association, addressed the Board
regarding the changing of qualifications for and the filling of the position of State Superintendent
of Schools; Mr. Rick Hicks, Executive Director, West Virginia Association of School
Administrators addressed the Board regarding the filling of the position of State Superintendent
of Schools; Ms. Shirley McGraw and Ms. Carolyn Arritt (distributed information), citizens of
-2Fayette County, addressed the Board regarding educating the youth of West Virginia and the
return to local control of the Fayette County School System. (Copy appended to Official
Minutes Attachment V.)
V.
Approval of Agenda
President Linger requested a motion to approve the agenda. Mrs. Manchin moved that
the agenda be approved. Ms. Phillips seconded the motion and upon the call for the question the
motion was carried unanimously.
VI.
Teacher-in-Residence Presentation
Mr. Kenneth C. Tanner (distributed information), Superintendent of Clay County
Schools, Dr. Sandra Orr, Professor and Chair of the Education Department, West Virginia State
University, Mr. Edward Rider, Adjunct Professor and TIR Supervisor, West Virginia State
University, Ms. Melinda Isaacs, Principal at Clay County High School, and Mr. Allen J. Tanner,
Student, West Virginia State University, provided information regarding the teacher-in-residence
program at West Virginia State University. (Copy appended to Official Minutes Attachment W.)
VII.
Broadband Technology and Opportunities Program (BTOP) Update
Mr. Mark McKenzie (distributed information), Manager - Engineering, Frontier
Communications, provided an update regarding BTOP. Mr. John Miller, Assistant Director,
West Virginia Department of Education (WVDE) Office of Instructional Technology, provided
an update regarding WVDE BTOP issues. (Copy appended to Official Minutes, Attachment X.)
VIII.
Director’s Information
Dr. Gus Penix, Director of the Office of Education Performance Audits (OEPA),
provided an update regarding the revision of Policy 2320. Mr. Robert E. Hull, Associate
Superintendent, Division of Teaching and Learning, provided information and an update
regarding the No Child Left Behind Flexibility Request. (Copy appended to Official Minutes,
Attachment A.)
IX.
Lincoln County School District Education Performance Audit
Dr. Penix reported that in July 2012 the WVBE released Lincoln County from the July
2011 requirements regarding submittal of personnel, agendas, and meeting minutes. The WVBE
also voted that in order to return full control to the Lincoln County Board of Education, the
OEPA must revisit Lincoln County to ascertain the degree of compliance with the standards set
forth in Policy 2320 and make a recommendation to the WVBE regarding the status of the
Lincoln County School System. The WVBE also directed the OEPA to conduct a review audit
of the Lincoln County School System in the fall of 2012. An announced (five days in advance)
Education Performance Audit of the Lincoln County School District was conducted October
23-25, 2012.
-3Upon the recommendation of Dr. Penix, Mr. Jackson moved that the Lincoln County
Board of Education be released from provisional oversight and the county be issued full approval
status. Ms. Haden seconded the motion and upon the call for the question the motion was carried
unanimously. (Copy appended to Official Minutes, Attachment B.)
X.
Break
President Linger called for a break for lunch at 12:30 p.m.
XI.
Call to Order
President Linger called the meeting back to order at 1:18 p.m.
XII.
Grant County School District Education Performance Audit
Dr. Penix reported that the OEPA conducted an announced Education Performance Audit
(five days in advance) of the Grant County School District and the schools during October 2009.
The OEPA reported that Grant County was not providing a thorough and efficient system of
schools as required by law. In November 2009, the WVBE issued the Grant 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 (five days in
advance) of the Grant County School District was conducted September 11-14, 2012. The
purpose of the audit was to ascertain the degree of compliance and progress in addressing the
noncompliances from the OEPA November 2009 audit report.
Dr. DeEdra Bolton,
Superintendent of Grant County Schools, addressed the Board regarding the audit findings.
Upon the recommendation of Dr. Penix, Ms. Haden moved that partial control be
returned to the Grant County Board of Education in the areas of curriculum, policies, facilities,
transportation, and the establishment and operation of a school calendar; that the WVBE
continue intervention in the areas of personnel, and finance; and, that the WVBE begin the next
phase of the transition for Grant County to regain full local control and issue Grant County
Conditional Approval status and initiate an Exit Agreement between the WVBE and the Grant
County Board of Education. Ms. Phillips seconded the motion and upon the call for the question
the motion was carried unanimously. Superintendent Heinlein stated that an Exit Agreement will
be presented for consideration at the Board’s January meeting. (Copy appended to Official
Minutes, Attachment C.)
XIII.
Capacity Building for Low Performing Schools and the Intervention Counties
Ms. Michele Blatt (distributed information), Executive Director, WVDE Office of School
Improvement, and Mr. Ted Mattern, System Support Liaison, Office of the State Superintendent,
provided information regarding capacity building for a number of low performing schools and
the intervention counties. (Copy appended to Official Minutes, Attachments D-1 through D-6
and addendum.)
-4XIV.
Consent Agenda
Dr. White moved that the Consent Agenda be approved. Mrs. Manchin seconded the
motion and upon the call for the question the motion was carried unanimously. (Copies
appended to Official Minutes, Attachments E through P.)

Approved meeting minutes of November 14, 15, 21, and 29, 2012
(Attachment E)

Approved the amendment to the Fayette County 2010-2012 Comprehensive
Education Facilities Plan to include an addition to Fayette Institute of
Technology (FIT) (Attachment F)

Approved the amendment to the Monroe County 2010-2012 Comprehensive
Education Facilities Plan to include a lighting upgrade at James Monroe High
School. The current T12 fixtures will be changed to the more eco-friendly T5
fixtures (the production of T12 replacement bulbs has been discontinued)
(Attachment G)

Approved Employment of Substitute Teachers in Areas of Critical Need
policies for Berkley, Brooke, Mingo and McDowell County Schools
(Attachment H)

Received notifications, 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 for Braxton and Roane County Schools
(Attachment I)

Approved two first time requests for a waiver of WVBE policy (Attachment J)

Granted conditional approval status for a period not to exceed 12 months for
education preparation programs offered at Bluefield State College
(Attachment K)

Approved Early Education PreK-K and Preschool Special Needs programs
leading to an add-on endorsement in Early Education PreK-K and Preschool
Special Needs for Davis and Elkins College
(Attachment L)

Granted continuing approval status for a period not to exceed seven years for
education preparation programs offered at West Virginia University
(Attachment M)

Appointed Dr. Cheryl Barnes, Concord University, Dr. Sue Hollandsworth,
Marshall University, and Ms. Glenda Jo Pennington, Ohio Valley University,
to a three-year term on the Educator Preparation Program Review Board
(Attachment Mc)
-5-
XV.

Repealed Policy 2422.6, Inclusion of Inter-Ethic Concepts and Instructional
Techniques into School Curricula (Attachment N)

Repealed Policy 2560, Honors and Advanced Placement (Attachment O)

Received two annual reports filed with Legislative Librarian
Elementary and Middle School Alternative Education Pilot Project (W. Va.
Code §18-2-6 (c)) (Attachment P-1)
Annual Report on Innovation Zones (W. Va. Code §18-5B-7) (Attachment
P-2)
Approval of Teacher-in-Residence Program at Concord University
Dr. Amelia Courts, Assistant State Superintendent, Division of Educator Quality and
System Support, presented for the Board’s consideration the approval of a teacher-in-residence
program at Concord University. During the 2012 West Virginia Legislative session, passage of
House Bill 4101 authorized teacher-in-residence (TIR) programs for certain prospective teachers
in lieu of student teaching. A West Virginia institution of higher education with a
WVBE-approved educator preparation program may enter into an agreement with county boards
for the use of TIR programs in the public schools. At the June 2012 WVBE meeting, Policy
5100, Approval of Educational Personnel Preparation, was placed on public comment and
included the TIR program requirements. On November 15, 2012, Concord University’s TIR
program proposed was reviewed by the Educator Preparation Program Review Board (EPPRB).
The EPPRB finds that the program submitted meets the requirements specified in WVBE Policy
5100 and recommends approval.
Ms. Haden moved that the Teacher-in-Residence Program at Concord University 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 Q.)
XVI.
Appointments to WVBE Statutory Units/Liaisons/
Presidential Committees 2012-2013
President Linger presented proposed Board Committee appointments for 2012-2013 for
the Board’s consideration and requested Board members identify areas of interest where a
vacancy has occurred.
President Linger made the following recommendations: appointment of Mr. Campbell
to the West Virginia Professional Staff Development Advisory Council, Innovation Zone
Committee, and Institutional Education Facilities Committee; appointment of Mr. Jackson as
chair of the Strategic Planning Committee and Professional Development Committee; and
recommend to the Governor that Mr. Green be named to the 21st Century Jobs Cabinet. Board
members are to advise President Linger if they would like to be named as chair of the RESA
Committee.
-6-
Ms. Phillips moved that the appointments 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 R.)
XVII.
WVBE Personnel Matters
President Linger called for a motion to approve the Board’s personnel matters found in
the attachment. Ms. Haden moved that the WVBE’s personnel matters found in the attachment
be approved. Mrs. Manchin seconded the motion and upon the call for the question the motion
was carried unanimously. (Copy appended to Official Minutes, Attachment S.)
XVIII.
Board Reports
Public Feedback Summary - From Audit to Action: Students. Ms. Donna Peduto
(distributed information), WVDE Liaison to the WVBE, presented an overview of public
feedback to the Board’s response to the Governor’s Education Efficiency Audit, From Audit to
Action: Students First. (Copy appended to Official Minutes, Attachment Y.)
ReConnecting McDowell.
Reconnecting McDowell initiative.
Mrs. Manchin provided an update regarding the
Board Member Reports. Dr. White met with RESA 1; Ms. Haden met with the
accreditation and accountability and teacher evaluation meetings; Mr. Green attended teacher
evaluation meeting, WVNET, and entrepreneur meetings; Mr. Jackson attended SREB and
WVEIS meetings and participated in a NAEP meeting; and, Mr. Dunlevy attended a WVSSAC
academic achievement awards event.
Student Representative Remarks. Mr. Massey addressed the Board regarding his
expectations during his service as student representative to the Board.
RESA Liaison Report. Ms. Jane Lynch (distributed information), Executive Director of
RESA 8 and RESA Liaison to the Board, provided an update on the behalf of the RESAs. (Copy
appended to Official Minutes, Attachment Z.)
XIX.
State Superintendent’s Report
Superintendent Heinlein provided information regarding Medicaid reimbursement; the
moving of professional development to the classroom level through regional training for the
Common Core this summer; the effect on counties should sequestration occur; suggested an item
be placed on a future agenda regarding how an institution of higher education becomes
accredited; provided information regarding a longitudinal data grant received by the WVDE;
addressed an earlier statement regarding questions from the federal government regarding the
flexibility request and how accreditation and accountability are affected; and presented WVDE
personnel matters for the Board’s information. (Copy appended to Official Minutes, Attachment
T.)
-7-
Update on the Educator Evaluation System Demonstration Sites. Dr. Courts
(distributed information) presented an update on the Educator Evaluation System Demonstration
Sites. In July, the WVBE approved a waiver of Policy 5310 and expanded the pilot of the
teacher, principal and counselor evaluation systems from 25 schools to 136 demonstration
schools for the 2012-13 school year. To ensure district capacity, WVDE worked with CPD and
RESA to provide regionally based training. The presentation will provide an update on the
progress of the implementation in the demonstration schools as well as information from the
Evaluation Task Force. (Copy appended to Official Minutes, Attachment AA.)
XX.
Break
President Linger called for a break for lunch at 3:20 p.m.
XXI.
Call to Order
President Linger called the meeting back to order at 3:33 p.m.
XXII.
Process and Procedure for Filling Position of
State Superintendent of Schools, including, without Limitation,
Consideration of National Search, Nominations from the Floor
and Possible Other Options
President Linger addressed the Board regarding the process and procedure for filling the
position of State Superintendent of Schools. Conversation ensued regarding the process and
procedure for filling the position of State Superintendent of Schools. Following discussion, Mrs.
Manchin moved that the Board proceed on the path necessary to conduct a national search. Ms.
Haden seconded the motion and upon the call for the question the motion was carried
unanimously.
President Linger called nominations from the floor of individuals to be interviewed for
the position of State Superintendent of Schools.
Mrs. Manchin nominated Dr. Kathy D’Antoni to be interviewed for the position of State
Superintendent of Schools. Ms. Phillips seconded the nomination.
Mr. Green nominated Dr. James B. Phares to be interviewed for the position of State
Superintendent of Schools. Mr. Jackson seconded the nomination.
Mr. Jackson nominated Mr. Charles K. Heinlein to be interviewed for the position of
State Superintendent of Schools. Ms. Haden seconded the nomination. Mr. Heinlein
respectfully declined the nomination.
President Linger called for a motion to close the nomination of individuals to be
interviewed for the position of State Superintendent of Schools. Ms. Phillips moved that the
nomination of individuals to be interviewed for the position of State Superintendent of Schools
-8be closed. Mr. Dunlevy seconded the motion and upon the call for the question the motion was
carried unanimously.
XXIII.
Long and Short Term and Other Personnel Matters
Related to the Filling of the State Superintendent of Schools Position:
Return of Charles K. Heinlein to Duty as Deputy Superintendent of Schools
Interviewing Potential Nominees for New State Superintendent of Schools
President Linger called for a motion to enter into executive session to discuss interview
questions and process pertaining to the position of State Superintendent of Schools.
Mr. Green moved that the Board enter into executive session as provided by §6-9A-4 to
discuss interview questions and process. Dr. White seconded the motion and prior to the call for
the question it was determined that the meeting be recessed for dinner. President Linger call for
a break for dinner at 4:17 p.m.
Due to a procedural technicality President Linger called the meeting back to order at 4:18
p.m. and requested a motion to return from executive session in order to partake of dinner. Mr.
Jackson moved that the Board return from executive session. Ms. Phillips seconded the motion
and upon the call for the question the motion was carried unanimously. The Board returned from
executive session at 4:18 p.m.
XXIV.
Break
President Linger called for a break for dinner at 4:18 p.m.
XXV.
Call to Order, Executive Session and
Interview of Nominees for Position of State Superintendent of Schools
President Linger called the meeting back to order at 5:33 p.m. and requested a motion to
enter into executive session.
Mr. Green moved, as provided in in W. Va. Code §6-9A-4 [matters involving attorney
client privilege per Peters v. County Commission, 205 W. Va. 481 (1999)] and/or
§6-9A-4(b)(2)(A) [personnel exception], that the Board enter into executive session to discuss
interview questions pertaining to the position of State Superintendent of Schools. Ms. Phillips
seconded the motion and upon the call for the question the motion was carried unanimously.
The Board moved into executive session at 5:34 p.m. Dr. D’Antoni was requested to enter the
executive session at 6:21 p.m. and exited the executive session at 6:53 p.m. Dr. Phares was
requested to enter the executive session at 6:55 p.m. and exited the executive session at 6:57 p.m.
XXVI.
Return from Executive Session
President Linger called for a motion to return from executive session. Mr. Jackson
moved that the Board return from executive session. Ms. Phillips seconded the motion and upon
the call for the question the motion was carried unanimously. The Board returned from
-9executive session at 7:00 p.m. At the request of Dr. Phares, his interview as conducted in open
session.
XXVII.
Executive Session
Interview of Nominees for Position of State Superintendent of Schools
President Linger requested a motion to enter into executive session to deliberate upon the
interviews conducted with the nominees for the position of State Superintendent of Schools.
Mr. Green moved, as provided in in W. Va. Code §6-9A-4 [matters involving attorney
client privilege per Peters v. County Commission, 205 W. Va. 481 (1999)] and/or
§6-9A-4(b)(2)(A) [personnel exception], that the Board enter into executive session to deliberate
upon the interviews conducted with the nominees for the position of State Superintendent of
Schools. Ms. Phillips seconded the motion and upon the call for the question the motion was
carried unanimously. The Board moved into executive session at 7:42 p.m.
XXVIII.
Return from Executive Session
President Linger requested a motion to return from executive session. Mr. Green moved
that the Board return from executive session. Ms. Haden seconded the motion and upon the call
for the question the motion was carried unanimously. The Board returned from executive
session at 8:30 p.m. during which President Linger announced that no action was taken. Ms.
Phillips moved that the Board hire Dr. James Phares, beginning January 2, 2013, at a salary of
$165,000.00. Mr. Dunlevy seconded the motion and upon the call for the question the motion
was carried unanimously.
XXIX.
Return of Charles K. Heinlein to Duty as Deputy Superintendent of Schools
Mr. Heinlein will return to duty as Deputy State Superintendent of Schools on January 2,
2013.
XXX.
Discussion of WVBE Priorities in Response to the
Governor’s Education Efficiency Audit inclusive
of Legislative Priorities
President Linger distributed a handout and deferred this item to the Board’s January
meeting. (Copy appended to Official Minutes, Attachment BB.)
XXXI.
Update and Discussion with Counsel regarding
Pending Legal Matters including Freedom of Information Act
Requests and State of West Virginia Ex Rel., James Hicks and
Michelle Hicks v. West Virginia Board of Education
President Linger stated that the named legal matter is still pending and deferred
discussion with counsel to a future meeting.
- 10 XXXII.
Board Items for Future Consideration
President Linger stated that discussion regarding the review of contracts by the State Bar
will be taken up at the Board’s January meeting. Mr. Jackson requested that the Department
provide information regarding professional development underway for the implementation of the
Common Core standards and also requested a report regarding teacher absenteeism. (Copy
appended to Official Minutes, Attachment U.)
XXXIII.
Point of Personal Privilege
Superintendent Heinlein congratulated Dr. Phares on his appointment and thanked the
Board for the opportunity to serve as State Superintendent of Schools.
XXXIV.
Future Meetings
The next regular meeting of the WVBE will be held January 9, 2013, in Charleston, West
Virginia. The meeting will continue on January 10, 2013, if the agenda is not completed on
January 9, 2013.
XXXV.
Adjournment
Dr. White moved that the meeting be adjourned. Ms. Haden seconded the motion and
upon the call for the question the motion was carried unanimously. The meeting was adjourned
at 8:43 p.m.
Minutes approved by the Board on January 9, 2013.
______________________________________________
L. Wade Linger Jr., President
______________________________________________
Robert W. Dunlevy, Secretary
Minutes were recorded by
Virginia M. Harris
Secretary to the Board
WVBEMinutes12/12/12