MINUTES
WEST VIRGINIA BOARD OF EDUCATION
Board Conference Room
Capitol Building 6, Room 353
1900 Kanawha Boulevard, East
Charleston, West Virginia
April 11, 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 12:34
p.m. on April 11, 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 (via telephone), Michael I. Green, Priscilla M. Haden,
Lloyd G. Jackson II, Lowell E. Johnson, Jenny N. Phillips and William M. White and ex officios
Jorea M. Marple, State Superintendent of Schools, and Paul L. Hill, Interim Chancellor, West
Virginia Higher Education Policy Commission. Student representative in attendance was Varun
Menon of Martinsburg, West Virginia, who attends Martinsburg High School (Berkeley County).
Member absent was ex officio James L. Skidmore, Chancellor, West Virginia Council for
Community and Technical College Education.
II.
Delegations
Mr. Randall Patterson, citizen of Fayette County, addressed the Board in opposition to
the closure of Danese Elementary, and Ms. Carolyn Arritt (distributed information), citizen of
Fayette County, addressed the Board in opposition to the Fayette County CEFP amendment.
(Copy appended to Official Minutes, Attachment X.)
III.
Recognitions
President Linger requested that Liza Cordeiro, Executive Director, WVDE Office of
Communications, introduce the Board’s recognition. Ms. Cordeiro introduced former student
representative, Savannah B. Chandler, who has been appointed to the United States Naval
Academy. Ms. Chandler served as student representative to the Board during the months of
September, October and November 2011, and attends Ritchie County High School. Ms.
Cordeiro introduced Mr. Clayton Burch, Assistant Director, WVDE Office of Instruction, who
presented a brief video presentation regarding pre-K education and distributed West Virginia’s
portion from a report entitled “The State of Preschool 2011.” Ms. Cordeiro also announced a
recognition received by the Board from Ohio County Schools for its contribution to the J. B.
Chambers Performing Arts Center at Wheeling Park High School. (Copy appended to Official
Minutes, Attachment Y.)
-2IV.
Approval of Agenda
President Linger asked that the agenda be modified to move the Physical Activities
Resolution to take place prior to the BTOP presentation and called for a motion to approve the
agenda with the requested amendment. Dr. Johnson moved that the agenda be approved as
amended. Ms. Haden seconded the motion and upon the call for the question the motion was
unanimously carried.
V.
Physical Activity Resolution
Dr. Amelia Courts, Assistant State Superintendent, Division of Educator Quality and
System Support, addressed the Board regarding National Physical Activity Week that takes place
the first week of May. The Resolution (attached) proclaims April 30 through May 4, 2012, as
Physical Activity Week in West Virginia schools. All schools across the state are encouraged to
participate in physical activity every day. Special activities will be planned statewide on
Wednesday, May 2, 2012. Dr. Courts recognized partners involved with the resolution: Ms.
Helen Metheny, Chair, West Virginia Healthy Lifestyles Coalition, Ms. Karen Bonnett,
President, West Virginia Association for Health, Physical Education and Dance, Mr. James
Vance, West Virginia Department of Health and Human Resources Office of Healthy Lifestyles,
and Ms. Teresa Mace, Coordinator for School Heath, West Virginia Department of Health and
Human Resources. Mrs. Manchin provided brief remarks and read the resolution to the
audience.
Dr. Johnson moved that the Resolution proclaiming April 30-May 4, 2012 as Physical
Activity Week in West Virginia Public Schools be approved. Ms. Phillips seconded the motion
and upon the call for the question the motion was carried unanimously. (Copy appended to
Official Minutes, Attachment A.)
VI.
Broadband Technology and Opportunities Program (BTOP) Update
Mr. Jimmy J. Gianato, Director, West Virginia Homeland Security and Emergency
Management, Mr. Ken Arndt (distributed information), Southeast Region President, Frontier
Communications, Mr. Dana Waldo, Senior Vice President and General Manager, West Virginia,
Frontier Communications, Mr. Billy Jack Gregg, Broadband Consultant for Frontier
Communications, and Mr. Mark McKenzie, Engineering Manager, Broadband Technology
Opportunities Program Manager, Frontier Communications, provided an in-depth update
regarding BTOP. Mr. Dunlevy joined the meeting. (Copy appended to Official Minutes,
Attachment Z.)
VII.
Break
President Linger called for a break at 1:55 p.m.
VIII.
Call to Order
President Linger called the meeting back to order at 2:09 p.m.
-3IX.
State Fair Association
Ms. Marlene Jolliffe (distributed information), CEO, State Fair of West Virginia, Ms.
Jennifer Ours Williams, WVU Extension, Program Unit Director of Ag & Natural Resources,
and Mr. Gene Hovatter, FFA Instructor, Barbour County VoTech, addressed the Board regarding
the importance of 4-H and FFA youth participation in fairs, festivals and livestock
shows. (Copy appended to Official Minutes, Attachment AA.)
X.
Deaf Children and First Language Fluency
Ms. April Hottle, NAD III, EIPA 4.2 Certified Interpreter, did not appear for the meeting.
XI.
Director’s Information
Dr. Gus Penix, Director of the Office of Education Performance Audits, provided a brief
report regarding meetings with OIEP and RESAs regarding Policy 2320.
XII.
Follow-up Individual School Education Performance Audit Reports
and Revised Strategic Plans for Central City Elementary School
and Huntington Middle School, Cabell County
Dr. Penix reported that an announced on-site review was conducted at Central City
Elementary School and Huntington Middle School - Cabell County January 26, 2011. A Team
returned to the above schools January 24-25, 2012. The purpose of the return visit was to verify
correction of the findings identified during the original Individual School Education Performance
Audit and to recommend a final school accreditation status. Mr. William A. Smith,
Superintendent, Cabell County Schools, addressed the Board regarding the audit findings.
Upon the recommendation of Dr. Penix, Ms. Haden moved that Central City Elementary
School and Huntington Middle School be issued the accreditation status listed in the reports.
Mrs. Manchin seconded the motion and upon the call for the question the motion was carried
unanimously. (Copy appended to Official Minutes, Attachment B.)
XIII.
Follow-up Individual School Education Performance Audit Report
and Revised Strategic Plan for Moorefield Intermediate School, Hardy County
Dr. Penix reported that an announced on-site review was conducted at Moorefield
Intermediate School - Hardy County October 12, 2010. A Team returned to the above school
January 12-13, 2012. The purpose of the return visit was to verify correction of the findings
identified during the original Individual School Education Performance Audit and to recommend
a final school accreditation status.
Upon the recommendation of Dr. Penix, Ms. Haden moved that Moorefield Intermediate
School the accreditation status listed in the report. Mrs. Manchin seconded the motion and upon
the call for the question the motion was unanimously carried. Ms. Barbara Whitecotton,
Superintendent, Hardy County Schools, addressed the Board regarding the audit findings. (Copy
appended to Official Minutes, Attachment C.)
-4XIV.
Capacity Building for Low Performing Schools, Intervention Counties
and West Virginia Schools for the Deaf and the Blind
Dr. Jack McClanahan, and Mr. Ted Mattern, System Support Liaisons, Office of the State
Superintendent, and Dr. Lynn Boyer, Superintendent, West Virginia Schools for the Deaf and the
Blind, provided information regarding capacity building for a number of low performing schools,
the intervention counties and the West Virginia Schools for the Deaf and the Blind. It was the
consensus of the Board that Dr. Boyer’s items located under New Business be taken up
immediately.
XV.
West Virginia Schools for the Deaf and the Blind (WVSDB)
Communication Policy
Dr. Boyer presented a WVSDB communication policy for the Board’s consideration.
The WVSDB recognizes the need for all individuals to live in accessible environment. Basic to
an accessible environment for all children and adults is a communication rich environment in all
aspects of daily life. For WVSDB students and employees, this requires quality language and
communication in all areas of WVSDB life, including both formal and informal situations.
WVSDB is committed to facilitating communication among everyone in the campus community.
The communication policy places expected communication goal levels on every position on the
campus that are to be achieved within two years of policy implementation or hire date. Staff are
to receive an additional 5% pay increase once they achieve their expected goal. For staff
members unable to attain their goal within the two year time, an improvement plan will be
formulated with adequate professional supports to achieve their goal instituted within the
following six months.
Dr. Johnson moved that the WVSDB Communication Policy to be approved and
implemented as of July 1, 2012. Dr. White seconded the motion and upon the call for the
question the motion was unanimously carried. (Copy appended to Official Minutes, Attachment
M.)
XVI.
West Virginia Schools for the Deaf and the Blind (WVSDB)
Board of Advisors
Dr. Boyer presented a WVSDB Board of Advisors for the Board’s consideration. The
WVSDB will establish its first Board of Advisors, a non-governing group of local, state and
national leaders who will use their leadership, expertise and experience to advise the
Superintendent, to guide the development and implementation of the WVSDB mission and
strategic plan and to contribute to the current and future work of the WVSDB. This action
demonstrates the WVSDB’s determination to reach beyond its own campus for the varied
expertise and partner experiences needed by a large educational agency to move forward in
achieving its goals. The first Board of Advisors meeting is planned for May 15 in Romney,
West Virginia.
Ms. Haden moved that the member list for the WVSDB Board of Advisors, as found in
the attachment, be approved. Mrs. Manchin seconded the motion and upon the call for the
-5question the motion was unanimously carried. (Copy appended to Official Minutes, Attachment
Mc.)
XVII.
WVBE Personnel Matters including Non-renewal of
Probationary Contracts and Transfer at the
West Virginia Schools for the Deaf and the Blind
President Linger stated that an employee of the West Virginia Schools for the Deaf and
the Blind was present and had requested a hearing regarding the proposed action regarding her
employment at the WVSDB found in Attachment U. To accommodate the employee, the
Board’s personnel item was moved to be taken up immediately. President Linger asked the
employee if she wished the hearing to be conducted in open or closed session. At the
employee’s direction the hearing was conducted in open session. Dr. Boyer addressed the Board
regarding the recommended action. Ms. Susan Hausrath, Mathematics Teacher, WVSDB
Secondary School for the Deaf, addressed the Board regarding her tenure at the WVSDB and the
employment action recommended in the Board’s personnel attachment. The employee’s attorney,
Andrew Katz, Esq., also addressed the Board regarding the action recommended in the Board’s
personnel attachment.
Following testimony provided by Dr. Boyer, Ms. Hausrath, and Mr. Katz, President
Linger called for a motion to enter into executive session. Ms. Haden moved, in accordance with
W. Va. Code §6-9A-4(b)(2)(A), personnel exception, that the Board enter into Executive
Session. Mr. Jackson seconded the motion and upon the call for the question the motion was
carried unanimously. The Board entered into Executive Session at 4:24 p.m.
Prior to entering into Executive Session, Ms. Haden requested volunteers to serve on the
interview committee for the Executive Director of RESA 3 vacancy. President Linger and Mr.
Johnson volunteered to serve on the interview committee.
XVIII.
Return from Executive Session
The Board returned from Executive Session at 4:40 p.m. President Linger called for a
motion to approve the Board’s personnel attachment inclusive of the personnel action listed for
Ms. Hausrath. Ms. Haden moved that the Board’s personnel attachment be approved. Ms.
Phillips seconded the motion and upon the call for the question the motion was unanimously
carried. (Copy appended to Official Minutes, Attachment U.)
XIX.
Recess
President Linger recessed the meeting at 4:42 p.m. and announced that the meeting would
reconvene on April 12, 2012, at 9:00 a.m. in the same location.
-6XX.
Reconvene
President Linger reconvened the meeting of April 11, 2012, at 9:00 a.m. on April 12,
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 (via telephone), Michael I. Green, Priscilla M. Haden,
Lloyd G. Jackson II, Lowell E. Johnson, Jenny N. Phillips and William M. White and ex officio
Jorea M. Marple, State Superintendent of Schools. Student representative in attendance was
Varun Menon of Martinsburg, West Virginia, who attends Martinsburg High School (Berkeley
County). Members absent were ex officios Paul L. Hill, Interim Chancellor, West Virginia
Higher Education Policy Commission, and James L. Skidmore, Chancellor, West Virginia
Council for Community and Technical College Education.
XXI.
Consent Agenda
Dr. Johnson moved that the Consent Agenda be approved. Dr. White seconded the
motion and upon the call for the question the motion was unanimously carried. (Copies
appended to Official Minutes, Attachments D through L.)

Issued Watts Elementary School the accreditation status listed in the report
(Attachment D)

Issued Logan Middle School the accreditation status listed in the report
(Attachment E)

Issued Taylor County Middle School the accreditation status listed in the report
(Attachment F)

Issued Tucker County High School the accreditation status listed in the Final
Individual School Report (Attachment G)

Meeting minutes of March 14 and 29, 2012 (Attachment H)

Amendment of the Fayette County Comprehensive Educational Facilities Plan
(CEFP) to include the construction of significant renovations and upgrades to
Midland Trail High School in order to accommodate the 9-12 grade students
that currently attend Midland Trail High School, Fayetteville High School and
Meadow Bridge High School. This amendment also includes subsequent grade
configuration changes at Ansted Middle School, Fayetteville Middle School,
Fayetteville Elementary School, Gatewood Elementary School and Meadow
Bridge Elementary School (Attachment I)
-7-
XXII.

Amendment of the Hardy County Comprehensive Educational Facilities Plan
(CEFP) to include an addition and renovation work at East Hardy High School
that was not previously included in the ten year plan (Attachment J)

Notification, per Senate Bill 227, W. Va. Code §18A-4-7a, Transfer of
Teachers After Five Days Prior to Starting Instruction, from McDowell County
Schools (Attachment K)

One first-time request for a waiver of policy (Attachment L).
Governor’s Education Efficiency Audit
President Linger provided information regarding the Board’s March 29-30 meeting
during which the Board conducted an in-depth review of the Governor’s Education Efficiency
Audit and a meeting he had with Governor Earl Ray Tomblin regarding the audit.
Ms. Phillips moved that a response to the Governor’s Education Efficiency Audit be
prepared for discussion and action at the Board’s June 2012 meeting. Mrs. Manchin seconded
the motion and upon the call for the question the motion was carried unanimously.
XXIII.
West Virginia Annual Application Under Part B of the Individuals
with Disabilities Education Act (IDEA)
for Federal Fiscal Year 2012
Mr. Robert E. Hull, Associate State Superintendent, Division of Curriculum and
Instructional Services, and Ms. Pat Homberg, Executive Director, WVDE Office of Special
Programs, presented the West Virginia Annual Application Under Part B of the Individuals with
Disabilities Education Act (IDEA) as Amended in 2004 for Federal Fiscal Year 2012 for the
Board’s consideration. West Virginia annually submits to the US Department of Education,
Office of Special Education Programs its plan to allocate funding under Part B of the Individuals
with Disabilities Education Act of 2004 (IDEA), including assurances regarding the state's
implementation of IDEA. To receive IDEA funding, WVDE must meet specific public
participation requirements, including an opportunity for the general public to comment on the
application. The proposed WV Part B Application was posted for public review and comment
from February 10, 2012 through April 9, 2012.
Dr. White moved that the FF12 Annual Application under IDEA Part B be approved for
submission to the Office of Special Education Programs, US Department of Education. Dr.
Johnson seconded the motion and upon the call for the question the motion was unanimously
carried. (Copy appended to Official Minutes, Attachment N.)
XXIV.
Preston County: Resolution to Approve a Lease Purchase
Agreement on the behalf of the Preston County Board of Education
Ms. Heather Deskins, General Counsel to the WVBE and WVDE, and Edward D.
McDevitt, Esq., Bowles Rice McDavid Graff & Love LLP, addressed the Board regarding the
-8proposed Preston County lease purchase agreement. Ms. Deskins thereupon requested approval
of a resolution for a lease purchase agreement with Clear Mountain Bank, Inc. for equipment and
improvements to South Preston and Bruceton Schools in the amount of $1,063,594 to be
financed by a Qualified Zone Academy Bond (QZAB).
Dr. Johnson moved that the resolution for a lease purchase agreement with Clear
Mountain Bank, Inc. for equipment and improvements to South Preston and Bruceton Schools in
the amount of $1,063,594 to be financed by a Qualified Zone Academy Bond (QZAB) be
approved. Ms. Phillips seconded the motion and upon the call for the question the motion was
unanimously carried. (Copies appended to Official Minutes, Attachment O-1 and O-2.)
XXV.
Policy 2423, Communicable Disease Control
Dr. Courts presented Policy 2423 for the Board’s consideration. Bureau for Public
Health Interpretive Rule 64CSR95, effective March 12, 2011, set new requirements for
immunizations for 7th and 12th grade entry, beginning the 2012-2013 school year. Revisions to
WVBE Policy 2423 are recommended to align with the new adolescent immunization
requirements. Additionally, language was added to clarify the process and responsibility of
schools for disclosure of student information to pertinent public health officials in cases of
suspected communicable disease outbreak. Finally, language was incorporated to shift
accountability of immunization records to public health, allowing local health departments to be
the student immunization intake agencies and record keepers through the West Virginia
Statewide Immunization Information System (WVSIIS).
Ms. Haden moved that Policy 2423 be placed on public comment for 30 days. Dr. White
seconded the motion and upon the call for the question the motion was unanimously carried.
(Copy appended to Official Minutes, Attachment P.)
XXVI.
Policy 3236, Education Innovation Zones
Dr. Courts distributed an amended version of Policy 3236 for the Board’s consideration.
In March 2012, Senate Bill 371 was enacted providing for a school system under a declared state
of emergency to participate as an innovation zone pilot project. The legislation requires the
WVBE to adopt the language found in Senate Bill 371 no later than April 16, 2012. Policy 3236
is being amended to incorporate the provisions for this new innovation zone project.
Dr. Johnson moved that Policy 3236 be approved immediately under emergency rule
status and that Policy 3236 be placed on public comment for 30 days. Mrs. Manchin seconded
the motion and upon the call for the question the motion was unanimously carried. (Copy
appended to Official Minutes, Attachment Q and addendum.)
XXVII.
Policy 4355, High School Diploma for Veterans
Ms. Betty Jo Jordan, Executive Assistant to the State Superintendent, Office of the State
Superintendent, presented Policy 4355 for the Board’s consideration. W. Va. Code §18-2-34
that authorizes providing a high school diploma to surviving veterans of World War II, the
-9Korean War and the Vietnam Conflict was amended during the 2012 Regular Legislative
Session. The amended legislation must be effective no later than June 7, 2012.
Ms. Haden moved that Policy 4355 be approved immediately under emergency rule
status and that Policy 4355 be placed on public comment for 30 days. Mrs. Manchin seconded
the motion and upon the call for the question the motion was unanimously carried. (Copy
appended to Official Minutes, Attachment R.)
XXVIII.
Policy 8200, Purchasing Procedures for Local Education Agencies
Mr. Joe Panetta, Assistant State Superintendent, Division of Student Support Services,
presented Policy 8200 for the Board’s consideration. The policy is being updated to adopt one of
the recommendations included in the Education Efficiency Audit to encourage county boards and
RESAs to use cooperative and pooled purchasing arrangements more frequently.
Following discussion, it was the consensus of the Board that no action be taken regarding
Policy 8200 at this time. (Copy appended to Official Minutes, Attachment S.)
XXIX.
Nominations for 2013 National Association of State Boards
of Education (NASBE) Board of Directors
Mrs. Manchin addressed the Board regarding nominations for the 2013 NASBE Board of
Directors. Members interested in serving as an officer or committee chair were requested to
advise Mrs. Manchin prior to the Board’s May meeting.
XXX.
Board Reports
WVBE Wellness Committee. Mrs. Manchin provided an update regarding health and
wellness activities as well as information regarding the committee’s March 15 meeting.
WVBE Institutional Education Facilities Committee.
information regarding the committee’s April 4 meeting.
Ms. Phillips provided
WVBE Professional Development Committee. Dr. Johnson provided information
regarding the committee’s April 4 meeting and requested that the master plan for professional
development be placed on the Board’s May meeting for action.
WVBE Student Representative Report. Mr. Menon (distributed information) and
provided a PowerPoint presentation regarding his report entitled, “Addressing the Call for A
More Student-Centered Education System for West Virginia.” (Copy appended to Official
Minutes, Attachment BB.) Dr. White departed the meeting.
XXXI.
Break
President Linger called for a break at 11:05 a.m.
- 10 XXXIII.
Call to Order
President Linger called the meeting back to order at 11:12 a.m.
XXXIV.
Board Reports (Continued)
Executive Session
Board Member Reports. Mrs. Manchin provided information regarding an April 16-17
retreat in Charleston regarding the Re-Connecting McDowell project and invited members to
attend. Ms. Haden provided information regarding her participation as a judge in a “What do
you what to be when you grow up?” competition and attended a meeting of the School Building
Authority, and announced the RESA 3 interviews will be held April 24. Mr. Menon invited
members to a Youth and Government event next week. Mr. Jackson requested, and Mr. Hull
(distributed information) and Dr. Courts provided, an update regarding the status of work on the
NCLB waiver with regard to accreditation and accountability. Ms. Phillips departed the meeting.
Mr. Green addressed the Board regarding the Board’s evaluation process and moved that the
Board enter into Executive Session per W. Va. Code 6-9A-4(b)(2)(A) to discuss personnel
matters. Mrs. Manchin seconded the motion and upon the call for the question it was carried
unanimously. The Board entered into Executive Session at 11:37 a.m. (Copy appended to
Official Minutes, Attachment CC.)
XXXV.
Return from Executive Session
The Board returned from Executive Session at 12:44 p.m. and President Linger
announced that no action was taken. Ms. Haden and Dr. Johnson departed the meeting.
XXXV.
State Superintendent’s Report
Superintendent Marple presented WVDE personnel matters (inclusive of an addendum)
for the Board’s information, distributed an agenda for an April 16 meeting for county
superintendents, chief instructional leaders and RESA Executive Directors, distributed
information regarding deaf and hear of hearing in West Virginia, and announced that she is
forming a stakeholder steering committee focusing around WVEIS to be able to: 1) look at
issues that the Department is facing with the integration of the Smart the Smarter Balance
Assessments and linking the assessments to WVEIS, 2) address the increasing number of
requests received to interface with WVEIS and reports requested, and 3) how to can better serve
the stakeholders. Mrs. Manchin and Mr. Jackson volunteered to assist the Department. Update
– Teacher Evaluation. Dr. Marple, assisted by Dr. Courts (distributed information), provided
an update regarding teacher evaluation. Update - Common Core/Changes in Math Sequence.
Dr. Marple, assistant by Ms. Lou Maynus, Coordinator, WVDE Office of Instruction, provided
an update regarding Common Core and changes in math sequence. Mr. Dunlevy and Mr.
Jackson departed the meeting. (Copy appended to Official Minutes, Attachment V and
addenda.)
- 11 XXXVI.
Board Items for Future Consideration
President Linger requested that items requested during the meeting, if any, be placed on
the appropriate agenda and asked that other items be provided to him as soon as possible. It was
the consensus of the Board that Policy 8200 be removed from the future items attachment.
(Copy appended to Official Minutes, Attachment W.)
XXXVII.
Future Meetings
President Linger announced that a meeting to take up goals and evaluations is being
planned and members will be provided the date as soon as a date is set. The next regular meeting
of the WVBE will be held May 9, 2012, in Charleston, West Virginia. The meeting will
continue on May 10, 2012, if the agenda is not completed on May 9, 2012.
XXXVIII.
Adjournment
President Linger declared the meeting adjourned at 1:07 p.m.
Minutes approved by the Board on May 9, 2012.
______________________________________________
L. Wade Linger Jr., President
______________________________________________
Robert W. Dunlevy, Secretary
Minutes were recorded by
Virginia M. Harris
Secretary to the Board
WVBEMinutes4/11/12