MINUTES
WEST VIRGINIA BOARD OF EDUCATION
Board Conference Room
Capitol Building 6, Room 353
1900 Kanawha Boulevard, East
Charleston, West Virginia
August 8, 2012
I.
Call to Order
Following the welcome, introductions and Pledge of Allegiance, President L. Wade
Linger Jr. called the meeting of the West Virginia Board of Education (WVBE) to order at 10:33
a.m. on August 8, 2012, 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, and William M. White, and ex officios Jorea M. Marple, State
Superintendent of Schools, and Paul L. Hill, Chancellor, West Virginia Higher Education Policy
Commission. Student representative in attendance was Jared Peterson of Morgantown, West
Virginia, a 2012 graduate of Morgantown High School (Monongalia County). Members absent
were Jenny N. Phillips and ex officio James L. Skidmore, Chancellor, West Virginia Council for
Community and Technical College Education.
II.
Delegations
Ms. Carolyn Arritt (distributed information), citizen of Fayette County, addressed the
Board regarding Fayette County and improving education in West Virginia. (Copy appended to
Official Minutes, Attachment V.)
III.
Approval of Agenda
President Linger requested a motion to approve the agenda. Mr. Dunlevy moved that the
agenda be approved. Dr. White seconded the motion and upon the call for the question the
motion was carried unanimously.
IV.
Broadband Technology and Opportunities Program (BTOP) Update
Mr. Mark McKenzie (distributed information), Manager - Engineering, Frontier
Communications, provided an update regarding BTOP. Ms. Brenda Williams, Division Leader,
Superintendent’s Division, WVDE Office of Instructional Technology, and Mr. John Miller
(distributed information), Assistant Director, WVDE Office of Instructional Technology,
provided an update regarding WVDE BTOP issues. It was requested that the Board be provided
a monthly comprehensive report regarding the bandwidth capability of each school with problem
areas highlighted. (Copy appended to Official Minutes, Attachment W.)
V.
Director’s Information
Dr. Gus Penix (distributed information), Director of the Office of Education Performance
Audits, provided county intervention data for the Board’s information and an update regarding
-2the revision of WVBE Policy 2320, A Process for Improving Education: Performance Based
Accreditation System. (Copy appended to Official Minutes, Attachment X.)
VI.
Progress Report for West Virginia Schools for the Deaf and the Blind
Dr. Penix reported that an announced on-site review (five days in advance) was
conducted at the West Virginia Schools for the Deaf and the Blind (WVSDB) June 2-5, 2010.
The OEPA returned to the WVSDB April 2-5, 2012 to assess progress of the WVSBD in
addressing the recommendations from the October 2010 Education Performance Audit Report.
Upon the recommendation of Dr. Penix, Dr. Johnson moved that the Progress Report for
the West Virginia Schools for the Deaf and the Blind be approved. Mrs. Manchin seconded the
motion and upon the call for the question the motion was carried unanimously. Dr. K. Lynn
Boyer, Superintendent of the WVSDB, and Dr. Donna Davis, Deputy Director of the OEPA,
addressed questions regarding the progress report. (Copy appended to Official Minutes,
Attachment A.)
VII.
Follow-up Individual School Performance Audit Report and Revised
Strategic Plan for Buckhannon Academy Elementary School, Upshur County
Dr. Penix reported that an announced on-site review (five days in advance) was
conducted at Buckhannon Academy Elementary School March 16, 2011. The Team returned to
Buckhannon Academy Elementary School March 19, 2012. The purpose of the follow-up review
was to verify correction of the finding(s) identified during the original Education Performance
Audit.
Upon the recommendation of Dr. Penix, Ms. Haden moved that Buckhannon Academy
Elementary School be issued Conditional Accreditation status with a December 31, 2012 Date
Certain to correct the remaining finding(s). Dr. Johnson seconded the motion and upon the call
for the question the motion was carried unanimously. Mr. Scott M. Lampinen, Superintendent of
Upshur County Schools, addressed questions regarding the audit report. (Copy appended to
Official Minutes, Attachment B.)
VIII.
Follow-up Individual School Performance Audit Reports
and Revised Strategic Plans for Magnolia High School
and Paden City High School, Wetzel County
Dr. Penix reported that announced on-site reviews (five days in advance) were conducted
at Magnolia High School and Paden City High School March 9, 2011. The Team returned to at
Magnolia High School and Paden City High School April 17-18, 2012. The purpose of the
follow-up reviews was to verify correction of the findings identified during the original
Education Performance Audits. Mr. Robert Yeager, Assistant Superintendent of Wetzel County
Schools, addressed questions regarding the audit reports.
Ms. Haden moved that Magnolia High School and Paden City High School be issued
Conditional Accreditation status with a progress report to be provided to the Board on a monthly
basis once schools open in Wetzel County. Mrs. Manchin seconded the motion and upon the call
for the question the motion was carried unanimously. (Copy appended to Official Minutes,
Attachment C.)
-3IX.
Capacity Building for Low Performing Schools, Intervention Counties
and East Lynn Elementary School and Wayne Middle School, Wayne County
Ms. Michele Blatt, Executive Director, WVDE Office of School Improvement and
System Support, and Dr. Jack McClanahan, System Support Liaison, Office of the State
Superintendent, provided information regarding capacity building for a number of low
performing schools and the intervention counties. Mr. Gary Adkins (distributed information),
Superintendent, Wayne County Schools, provided a progress report for East Lynn Elementary
School and Wayne Middle School. (Copy appended to Official Minutes, Attachment Y.)
X.
Consent Agenda
Ms. Haden moved that the Consent Agenda be approved with the exception of item C.1.
Waivers of State Board of Education Policies and Regulations, Superintendent’s Interpretations
and State Statutes and Legislative Rules. Dr. White seconded the motion and upon the call for
the question the motion was carried unanimously. (Copies appended to Official Minutes,
Attachments D through F and H through L.)
XI.

Issued the Jefferson County School District Full Approval status and North
Jefferson Elementary School, Charles Town Middle School, Harpers Ferry
Middle School, and Wildwood Middle School Full Accreditation status
(Attachment D)

2012 Annual Report of the Office of Education Performance Audits
(Attachment E)

Meeting minutes of July 11, 2012 (Attachment F)

Fifty-five county Step 7 Plans for Improvement of Instruction (Attachment H)

Policy 4355, High School Diplomas for Veterans (Attachment I)

Policy 5100, Approval of Educational Personnel Preparation Programs
(Attachment J)

Policy 5202, Minimum
Requirements
for the
Licensure of
Professional/Paraprofessional Personnel and Advanced Salary Classifications
(Attachment K)

2011-2012 Personnel Data Report (Attachment L)

Appointed David Miller, Robin Kent, and Mary Ann Testerman to each serve a
three-year term on the West Virginia Commission for Professional Teaching
Standards.
Break
President Linger called for a break for lunch at 12:14 p.m.
-4XII.
Call to Order
President Linger called the meeting back to order at 12:45 p.m.
XIII.
Waivers of State Board of Education Policies and Regulations,
Superintendent’s Interpretations and State Statutes and Legislative Rules
Ms. Haden questioned the data provided in attachment G-2. Ms. Betty Jo Jordan,
Executive Assistant to the State Superintendent of Schools, provided information regarding the
data found in attachment G-2.
Ms. Haden moved that nine first time requests for a waiver of WVBE policy and seven
requests for continuation of waivers be approved. Dr. Johnson seconded the motion and upon
the call for the question the motion was carried unanimously. (Copy appended to Official
Minutes, Attachment G-1 and G-2.)
XIV.
State Superintendent’s Report
Superintendent Marple presented WVDE personnel matters for the Board’s information.
Legislative Improvement Packages.
Superintendent Marple presented a PowerPoint
presentation entitled Taking Action to Produce Results (attached) that provided for the Board’s
consideration, proposed actions for leveraging significant and substantive improvements in West
Virginia schools. Superintendent Marple also provided information regarding impacts resulting
from the budget reduction. ESEA Flexibility Request Update. Superintendent Marple, assisted
by Mr. Robert E. Hull (distributed information), Associate Superintendent, Division of Teaching
and Learning, presented information regarding the ESEA Flexibility Request. Mr. Hull
suggested the Board meeting prior to September 6 to again review the ESEA Flexibility Waiver.
Dr. Marple requested that Ms. Brenda Morris, Coordinator, Office of Instructional Technology,
demonstrate the virtual West Virginia Statewide Technology Conference. (Copy appended to
Official Minutes, Attachment Mc and addenda.) West Virginia Virtual School and
onTargetWV. Superintendent Marple, assisted by Sarah Lyons, Assistant Director, WVDE
Office of Instructional Technology, presented information regarding the West Virginia Virtual
School and onTargetWV. Ms. Williams provided information regarding virtual school funding.
(Copy appended to Official Minutes, Attachment O.) Dr. Marple delayed the remainder of her
reports (WVBE/WVDE Endowment for Excellence in Education, Process/Guidelines for
Intervention Counties (copy appended to Official Minutes, Attachment N,) and Non-Traditional
Pathway) to a future meeting
XV.
Break
President Linger called for a break at 2:29 p.m.
XVI.
Call to Order
President Linger called the meeting back to order at 2:45 p.m.
-5XVII.
Resolution – Nuttall School Property, Fayette County
Ms. Heather Deskins, General Counsel to the WVBE and WVDE, presented a Resolution
to effect the transfer of title to Nuttall Middle School back to the original grantors by the terms of
the 1926 Deed by finding that the property is no longer needed for school purposes and that the
improvements have no current market value for which the grantors must pay in order for the
reversion of interest to take effect for the Board’s consideration.
Dr. Johnson moved that the Resolution to effect the reversion of title as set for in the
attachment be approved. Mr. Dunlevy seconded the motion and upon the call for the question
the motion was carried unanimously. (Copy appended to Official Minutes, Attachment P.)
XVIII.
Intergovernmental Agreement between
West Virginia Board of Education (WVBE) and the
National Association of State Boards of Education (NASBE)
Mr. Joe Panetta, Assistant State Superintendent, Division of Student Support Services,
introduced Ms. Keri Kennedy, Coordinator, WVDE Office of Child Nutrition, who presented the
Intergovernmental Agreement between the West Virginia Board of Education (WVBE) and the
National Association of State Boards of Education (NASBE) for the Board’s consideration. West
Virginia has been selected as a recipient of a NASBE State Policy Development/Implementation
Technical Assistance Grant. In order to execute the agreement NASBE is requesting that the
WVBE enter into an intergovernmental Agreement. The Agreement is between NASBE and the
WVBE and its purpose is to promote effective obesity prevention policies in West Virginia’s
schools.
Ms. Haden moved that the Intergovernmental Agreement between the WVBE and
NASBE 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 Q.)
XIX.
Appointments to WVBE Statutory Units/Liaisons/Presidential
Committees 2012-2013
President Linger presented the proposed Board Committee appointments for 2012-2013
for the Board’s consideration.
Dr. Johnson moved that the appointments be approved. Ms. Haden seconded the motion
and upon the call for the question the motion was carried unanimously. (Copy appended to
Official Minutes, Attachment R.)
XX.
WVBE Regular Meeting Dates and Locations 2012-2013
President Linger presented the proposed WVBE meeting dates and locations for
2012-2013 for the Board’s consideration.
Dr. Johnson moved that the WVBE regular meeting dates and locations for 2012 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 S.)
-6XXI.
WVBE Personnel including Hiring of Executive Director of RESA 1 and
Discuss/Approve Retention of an Individual or Firm to Assist in the
Production of WVBE’s Response to Governor’s Education Efficiency Audit
Ms. Haden moved, in accordance with W. Va. Code §6-9A-4(b)(2)(A) (personnel
exception), that the Board enter into executive session to discuss personnel matters involving the
hiring of an Executive Director for Regional Education Service Agency 1 and to discuss/approve
retention of an individual or firm to assist in the production of the Board’s response to the
Governor’s Education Efficiency Audit. Dr. Johnson seconded the motion. A question was
raised regarding the propriety of entering into executive session to discuss/approve a firm. Ms.
Haden amended her motion to remove the words “firm” and “approve”. Dr. Johnson agreed to
the amendment and upon the call for the question the motion was carried unanimously. The
Board entered into executive session at 2:56 p.m. The Board returned from executive session at
3:40 p.m. at which time President Linger announced that no action was taken.
Ms. Haden moved that the Board hire Dr. Robin Lewis as Executive Director of RESA 1.
Dr. Johnson seconded the motion upon the call for the question the motion was carried
unanimously.
President Linger suggested, “in light of the Superintendent’s presentation earlier today
and the workload that we have to do” . . . “that we ask the Superintendent to look at the
possibility of hiring someone to work within the Department but as a liaison with the Board.”
The Board issued no objection to President Linger’s suggestion.
President Linger called for a motion to approve the Board’s personnel matters found in
the attachment. Dr. Johnson moved that the WVBE’s personnel matters found in the attachment
be approved. Ms. Haden seconded the motion and upon the call for the question the motion was
carried unanimously. (Copy appended to Official Minutes, Attachment T and addendum.)
XXII.
Board Reports
Board Member Reports. Dr. White visited McDowell County. Dr. Johnson attended
WVDE assessment and accountability, Vision Shared, RESA 1, and WVBE Strategic Planning
Committee meetings. Dr. Johnson requested an item be placed on the Board’s September agenda
to take action regarding the WVBE Strategic Planning Committee’s recommended performance
targets for student outcomes. Ms. Haden (distributed information) attended the Summer Career
Technical Education Statewide Conference, thanked the Board members who participated in the
RESA 1 interviews, and attended National Association of State Boards of Education (NASBE)
governmental affairs committee, accountability and assessment, and WVBE Strategic Planning
Committee meetings, and also the Student Success Summit at which the Common Ground
website was launched. Mr. Dunlevy attended RESA 6, West Virginia Secondary School
Activities Commission and West Virginia School Board Association Training Standards Review
Committee (WVSBA TSRC) meetings. President Linger participated in RESA 1 interviews,
spent time organizing information for the Education Efficiency audit response, and participated
in strategic planning. Mrs. Manchin attended a Vision Shared meeting, NASBE new board
member training, and chaired the WVSBA TSRC meeting. Mr. Green attended a meeting of the
WVBE Strategic Planning Committee meeting. Mr. Jackson attended an assessment and
accountability meeting and a number of Vision Shared meetings. Mr. Peterson provided his
insights regarding this participation as a student representative to the Board during the months of
-7June, July and August. President Linger presented Mr. Peterson a certificate in recognition of his
service as student representative to the Board. Mrs. Manchin announced that the Globie Awards
(Globaloria) will be presented at the West Virginia Center for Professional Development on
August 10. (Copy appended to Official Minutes, Attachment Z.)
Governor’s Education Efficiency Audit. President Linger reported that he has spent
time this past month gathering information and that it is hoped that the response will be ready for
Board action at the September meeting.
WVBE Strategic Planning Committee. Dr. Johnson provided an update during Board
Member Reports.
ReConnecting McDowell. Mrs. Manchin provided an update during Board Member
Reports.
XXIII.
Board Items for Future Consideration
President Linger requested that an item regarding the WVBE Strategic Planning
Committee’s recommended performance targets for student outcomes and response to the
Governor’s Education Efficiency Audit be placed on the September and asked if there were other
items that Board members wished placed on either the September or a future agenda. (Copy
appended to Official Minutes, Attachment U.) Mr. Jackson requested an item be placed on the
September agenda to address Dr. Marple’s Taking Action to Produce Results presentation. Dr.
White requested an item be placed on a future agenda regarding bullying.
XXIV.
Future Meetings
The next meeting of the WVBE will be held August 29, 2012, time to be determined, in
Charleston West Virginia. The next regular meeting of the WVBE will be held September 5,
2012, in Charleston West Virginia. The meeting will continue on September 6, 2012, if the
agenda is not completed on September 5, 2012.
XXV.
Adjournment
President Linger declared the meeting adjourned at 4:20 p.m.
Minutes approved by the Board on September 5, 2012.
______________________________________________
L. Wade Linger Jr., President
______________________________________________
Robert W. Dunlevy, Secretary
Minutes were recorded by
Virginia M. Harris
Secretary to the Board
WVBEMinutes8/6/12