MINUTES
WEST VIRGINIA BOARD OF EDUCATION
Board Conference Room
Capitol Building 6, Room 353
1900 Kanawha Boulevard, East
Charleston, West Virginia
December 11, 2013
I.
Call to Order
Following the welcome, introductions and Pledge of Allegiance, President Gayle C.
Manchin called the meeting of the West Virginia Board of Education (WVBE) to order at 10:02
a.m. on December 11, 2013, in the Board Conference Room, Capitol Building 6, Room 353,
Charleston, West Virginia.
The following members were present: President Manchin, Vice President Michael I.
Green, Secretary Robert W. Dunlevy, Tina H. Combs (via telephone), Thomas W. Campbell,
Lloyd G. Jackson II, L. Wade Linger Jr., and William M. White, and ex officios James B.
Phares, State Superintendent of Schools, 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.
Cedar Lakes Planning Meeting
Senator Mitch Carmichael (District 4) addressed the Board regarding planning meetings
and presented a proposal (via PowerPoint presentation) for the sustainability of the Cedar Lakes
Conference Center. Mr. Jackson suggested that a Memorandum of Understanding be developed
for Board action. Superintendent Phares indicated that he will bring a funding resolution
regarding Cedar Lakes before the Board for consideration at the January 2014 meeting.
(PowerPoint presentation attached to Official Minutes, Attachment U.)
III.
Delegations
Dr. Brenda Wilson (distributed information), West Virginia State University Department
of Education, addressed the Board and requested that ETS test 5203: Teaching Reading:
Elementary Education be removed from Policy 5202. Dr. Howard O'Cull (remarks attached to
the minutes), Executive Director, West Virginia School Board Association, addressed the Board
regarding the continuation of the Board's Commission on School District Governance and
Administration. Ms. Autumn Harbaugh (distributed information), citizen of Fayette County,
addressed the Board regarding the consolidation of Gatewood and Fayetteville Elementary
Schools. Ms. Carolyn Arritt, citizen of Fayette County, addressed the Board regarding a number
of Fayette County school concerns. Mr. Al Martine (distributed information), former principal
(retired) of Meadow Bridge High School, addressed the Board regarding proposed Fayette
County consolidations. (Copies appended to Official Minutes, Attachment V.)
-2IV.
Approval of Agenda
President Manchin requested a motion to approve the agenda with the following
amendments: 1) New Business item D. Public Auction of Fayette County Excess Properties No
Longer Needed for School Purposes be removed from the agenda; 2) item VII. Superintendent
Reports be moved to the end of the agenda; and, move from XII. Office of Education
Performance Audits (OEPA) item C. Status of Grant County Progress Addressing OEPA
Recommendations found in the June 2011 Audit Report of Grant County Schools to X. Capacity
Building for Low Performing Schools and Intervention Counties. Mr. Linger moved that the
agenda be approved as amended. Dr. White seconded the motion and upon the call for the
question the motion was carried unanimously. Superintendent Phares departed the meeting and
Deputy Superintendent Charles K. Heinlein took his seat.
V.
Governor's Education Agenda
President Manchin, Ms. Donna Hoylman Peduto (via PowerPoint presentation - attached
to minutes), WVBE Director of Operations, and members of the Board, provided an update
regarding progress toward accomplishing the Governor's education reform agenda including the
WVBE Commission on School District Governance and Administration (Mr. Campbell); Project
24 (Mr. Green); cross counseling (Mr. Linger); Preparation for Tomorrow; teacher certification/
professional preparation accreditation to support reading on grade level by the end of the third
grade (Mr. Jackson and President Manchin); early literacy to support reading on grade level of
the end of the third grade; leadership capacity development; and Re-imagining Instructional
Time (Dr. White and Mrs. Combs). At Dr. White's request Mr. Joe Panetta, Assistant State
Superintendent, Division of Student Support Services, addressed the Board regarding comments
received during the public comment period regarding the school calendar policy. (Copy
appended to Official Minutes, Attachment W.)
VI.
Chancellor Reports
Chancellor Hill provided updates regarding the development of a joint definition of
college and career readiness and the Kresge text messaging counseling project. Chancellor
Skidmore (distributed information) provided an update regarding the Career Pathways Programs
of Study Initiative and workforce needs. (Copy appended to Official Minutes, Attachment X.)
VII.
RESA Liaison Report
Ms. Jane Lynch, Executive Director of RESA 8 and WVBE RESA Liaison, provided a
report regarding participation in a National Service Agency Conference, eRate funding for FY12,
APA Conference, RESA reports on websites, and county requests for technology assistance.
Superintendent Phares returned to the meeting. Chancellor Hill and Chancellor Skidmore
departed the meeting.
-3VIII.
Capacity Building for Low Performing Schools and Intervention Counties
Ms. Michele Blatt, Assistant State Superintendent, Division of Educator Quality and
System Support, and Mr. Ted Mattern, System Support Liaison, Office of the State
Superintendent, and provided information regarding capacity building for priority schools and
the intervention counties.
IX.
Status of Grant County Progress Addressing OEPA Recommendations
Found in the June 2011 Audit Report of Grant County Schools
Executive Session
Dr. DeEdra Lundeen-Bolton, Superintendent of Grant County Schools, provided a status
report of progress made in addressing OEPA recommendations found in the June 2011 Audit
Report of Grant County Schools. (Copy previously appended to Official Minutes, Attachment
L.)
Mr. Jackson moved, in accordance with W. Va. Code §18-2E-5(k)(1), "Any discussion by
the state board of schools to be subject to an on-site review or dates for which on-site reviews
will be conducted, that the Board move into executive session. Dr. White seconded the motion
and upon the call for the question the motion was carried unanimously. The Board entered into
executive session at 12:34 p.m.
X.
Return from Executive Session
Mr. Linger moved that the Board return from Executive Session. Mr. Campbell
seconded the motion and upon the call of the question the motion was carried unanimously. The
Board returned from Executive Session at 12:43 p.m. at which time President Manchin reported
that no decisions were made or action taken.
XI.
Break
President Manchin called for a break for lunch at 12:43 p.m.
XII.
Call to Order
President Manchin called the meeting back to order at 1:09 p.m.
XIII.
Consent Agenda
Mr. Campbell moved that the Consent Agenda be approved. Mr. Dunlevy seconded the
motion and upon the call for the question the motion was carried unanimously. (Copies
appended to Official Minutes, Attachments A through K.)

Approved minutes of November 13, 2013, meeting (Attachment A)
-4-
XIV.

Received information regarding WVDE Personnel Matters (Attachment B and
addendum)

Approved amendment of the Cabell County Comprehensive Educational
Facilities Plan (CEFP) to include an adjustment of the final costs and summary
of the CEFP, in particular for Geneva Kent Elementary School and Peyton
Elementary School closings and consolidation into a renovated Beverly Hills
Middle School facility (Attachment C)

Approved amendment of the Webster County Comprehensive Educational
Facilities Plan (CEFP) to include the closures of Diana Elementary and Glade
Middle Schools, and the necessary re-configurations of Webster County High
School, Glade Elementary School and Webster Springs Elementary/Middle
Schools (Attachment D)

Approved one first time request for a waiver of WVBE policy (Attachment E)

Received, per W. Va. Code §18A-4-7a(l)(3), Transfer of Person Employed in a
Professional Position after the Twentieth Day Prior to the Beginning of the
Instructional Term, notifications from Fayette, Greenbrier and Preston County
Schools (Attachment F)

Approved Employment of Substitute Teachers in Areas of Critical Need
policies for Mercer and Mingo County Schools (Attachment G)

Approved Policy 2422.8, Medication Administration (Attachment H)

Approved Policy 3234, School Calendar (Attachment I)

Received the Annual School-Based Medicaid Reimbursement Report for FY13
(Attachment J)

Approved the principal preparation program submitted by American Public
University (Attachment K).
Office of Education Performance Audits
Director's Information
Dr. Gus Penix, Director of the Office of Education Performance Audits (OEPA),
provided brief remarks regarding a future meeting.
XV.
Gilmer County School District Education Performance Audit Report
Dr. Penix (distributed information) reported that the OEPA conducted an announced
Education Performance Audit (five days in advance) of the Gilmer County School District May
2-4, 2011. The OEPA reported that Gilmer County was not providing a thorough and efficient
-5system of schools as required by law. In June 2011, the WVBE issued the Gilmer 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 of the
Gilmer County School System was conducted November 18-20, 2013. The purpose of the audit
was to ascertain the degree of compliance and progress Gilmer County had made in addressing
the noncompliances from the OEPA's June 2011 audit report.
Dr. Penix recommended that, because of the progress the county has made in operation, t
partial control be returned to the Gilmer County Board of Education in the following areas:
1) curriculum, 2) policies, 3) finance (except decisions regarding facility finance expenditures),
4) transportation, and 5) the establishment and operation of a school calendar. Dr. Penix stated,
as concern still lingered that the Gilmer County Board of Education is developing board
leadership, additional time is needed to support the board in making difficult personnel decisions
that are imminent this current year. Furthermore, additional time and support is needed for the
Gilmer County Board of Education to implement the Comprehensive Educational Facilities Plan.
Therefore, the OEPA further recommends that the WVBE continue intervention in the following
areas: 1) personnel, 2) facilities, and 3) finance actions regarding facility expenditures. The
OEPA also recommended that the WVBE begin the next phase of the transition for the Gilmer
County Board of Education to regain full local control and that the WVBE issue Gilmer County
Conditional Approval status and initiate an Exit Agreement between the WVBE and the Gilmer
County Board of Education.
Mr. Jackson moved that partial control be returned to the Gilmer County Board of
Education in the following areas: 1) curriculum, 2) policies, 3) finance (except decisions
regarding facility finance expenditures), 4) transportation, and 5) the establishment and operation
of a school calendar; that the WVBE continue intervention in the following areas: 1) personnel,
2) facilities, and 3) finance actions regarding facility expenditures; that the WVBE begin the next
phase of the transition for the Gilmer County Board of Education to regain full local control; that
the WVBE issue Gilmer County Conditional Approval status and initiate an Exit Agreement
between the WVBE and the Gilmer County Board of Education. Dr. White seconded the motion
and upon the call for the question the motion was carried unanimously. (Copy appended to
Office Minutes, Attachment L and addendum.)
XVI.
Policy 2510, Assuring the Quality of Education:
Regulations for Education Programs
Mr. Robert E. Hull, Associate State Superintendent, Division of Teaching and Learning,
presented Policy 2510 for the Board's consideration. The repeal and replacement of Policy 2510
was recommended to reflect the changes necessary to provide West Virginia students
personalized learning experience at all programmatic levels. Additionally, changes in the
structure and language of the policy reflect and align with current WVBE policies and
recommendations outlined in S.B. 359. Mr. Clayton Burch, Executive Director, WVDE Office
of Early Learning, assisted in addressing questions from the Board.
-6Dr. White moved that Policy 2510 be placed on public comment for 30 days. Mr. Green
seconded the motion and upon the call for the question the motion was carried unanimously.
(Copy appended to Official Minutes, Attachment M.)
XVII.
Policy 2515, Uniform Grading
Mr. Hull presented Policy 2515 for the Board's consideration. Policy 2515, effective
July 1, 2008, established a uniform grading policy that must be used by all county boards of
education for those courses for which high school credit is to be awarded. Additional language
is requested to be added to Section §126-37-4.1 Weighted Grades to include the language
Advanced Career Courses.
Mr. Linger moved that Policy 2515 be placed on public comment for 30 days. Dr. White
seconded the motion and upon the call for the question the motion was carried unanimously.
(Copy appended to Official Minutes, Attachment Mc.)
XVIII.
WVDE Data Access and Management Guidance
Ms. Carla Howe, Data Governance Manager, WVDE Office of Legal Services, presented
WVDE Data Access and Management Guidance for the Board's consideration. This guidance
augments WVBE Policy 4350 by describing the practices of WVDE personnel, RESA personnel
and county personnel with respect to data access and management. The guidance contains the
standard operating procedures, processes, and forms that govern how data are accessed and
managed.
Mr. Green moved that the WVDE Data Access and Management Guidance 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 N.)
XIX.
Mid-Ohio Valley Technical Institute
Easement Agreement with City of St. Marys
Ms. Heather Hutchens, General Counsel to the WVBE and WVDE, presented a
Mid-Ohio Valley Technical Institute Easement Agreement with the City of St. Marys for the
Board's consideration. Approval of a Resolution to grant the City of St. Marys a temporary
construction easement and a permanent easement and right-of-way to install a water well on the
front grounds of the Mid-Ohio Valley Technical Institute in Pleasants County was requested.
This project has been reviewed and approved by the MOVTI Administrative Council and, if
approved by the WVBE, will need final approval by the Board of Public Works.
Dr. White moved that the resolution to grant a temporary construction easement and a
permanent easement and right-of-way to install a water well be approved. Mr. Linger seconded
the motion and upon the call for the question the motion was carried unanimously. (Copy
appended to Official Minutes, Attachment P.)
-7XX.
Memorandum of Understanding - Hampshire County Little League
Ms. Hutchens presented a Memorandum of Understanding between the Hampshire
County Little League and the West Virginia Schools for the Deaf and the Blind for the Board's
consideration. Action regarding a Letter of Intent was presented at the November 2013 WVBE
meeting. Due to a clause in the letter concerning the conveyance of the property in question to
the Hampshire County Little League, consideration of this item was held in abeyance for a
review by the WVDE Legal Services Office. Counsel has reviewed the Letter of Intent and
researched the issues presented. Based upon the considerations outlined in the attached
memorandum of law, Counsel presents the attached Memorandum of Understanding (MOU) for
the WVBE's consideration in lieu of the Letter of Intent. Permission is requested to enter into an
MOU with the Hampshire County Little League for the continued use of 4.5 acres of West
Virginia Schools for the Deaf and the Blind real estate as a little league field and the installation
by the Hampshire County Little League to install light towers on the property.
Due to legal technicalities the MOU between the Hampshire County Little League and
the West Virginia Schools for the Deaf and the Blind was not recommended for action at this
time. (Copy appended to Official Minutes, Attachment Q.)
XXI.
Update on Data Regarding the Employment of
Substitute Teachers in Areas of Critical Need
Ms. Hutchens provided and update on data regarding the employment of substitute
teachers in areas of critical need. The report included updated survey results from all West
Virginia county boards of education regarding the use of retirees as substitutes in areas of critical
need and shortage and more in-depth data from three county boards of education regarding
retirees currently employed and methods of posting available positions and recruiting new
teachers. It was requested that this data be used when approving critical need and shortage
policies submitted by counties. It was further requested that this data be provided to appropriate
legislative entities.
XXII.
Guidance for Preparing the School Calendar
Mr. Panetta presented guidance for preparing the school calendar for the Board's
information. The guidance document for preparing the school calendars is being provided to the
WVBE as an information item. The guidance document, along with copies of the applicable
statutes, the newly adopted WVBE Policy 3234, sample calendars, blank forms, and other
informational materials will be distributed to all county boards and multi-county vocational
centers to assist them in preparing their school calendars for the upcoming year. (Copy
appended to Official Minutes, Attachment R.)
XXIII.
NASBE School Discipline Grant Report
Mr. Don Chapman (distributed information), Assistant Director, WVDE Office of School
Improvement, and Dr. Andy Whisman, Coordinator, WVDE Office of Research, provided a
report regarding the NASBE school discipline grant. The WVBE received a grant from NASBE
-8to review state level discipline policies and create school/county discipline reports which has
allowed the Office of Research to analyze discipline data and determine changes that are needed
in policy, reporting, and/or professional development. (Copy appended to Official Minutes,
Attachment Y.)
XXIV.
WVBE Personnel inclusive of Appointment of
Interim Executive Director for RESA 5, Process and Timeline for
Employment of Executive Director for RESA 5,
Waiver of WVBE Policy 3233, Establishment and Operation
of Regional Education Service Agencies (RESAs),
and Update on State Superintendent Search
President Manchin requested Dr. J. Patrick Law, Superintendent of Wood County
Schools and Chair of the RESA 5 Regional Council, to address the Board regarding the hiring of
an Interim Executive Director of RESA 5, process and timeline for employment of an Executive
Director of RESA 5, and the associated waiver to accomplish the hiring.
Following discussion, Mr. Campbell moved that: 1) Karen Brunicardi be hired as Interim
Executive Director of RESA 5 effective December 12, 2013, at a daily rate comparable to the
annual salary for the position; 2) the process and timeline for employment of an Executive
Director for RESA 5 be approved; and, 3) the waiver of Policy 3233, at sections 3.2 through 3.5,
be approved. Mr. Dunlevy seconded the motion and upon the call for the question the motion
was carried unanimously.
Mr. Dunlevy moved that the Board's personnel matters found in the attachment be
approved. Mr. Campbell seconded the motion and upon the call for the question the motion was
carried unanimously. (Copy appended to Official Minutes, Attachment S.)
XXV.
Superintendent Reports
Superintendent Phares (via PowerPoint presentation) provided reports regarding
Mountaineer Challenge Academy, reports filed with the Legislative Librarian, reorganizing and
repurposing of the WVDE, policy themes matrix, calendar bill themes, building leadership
capacity, enhance collaboration between education and workforce development, data
access/management, college and career readiness, high quality high schools, high quality
technical education centers, mind shift, and next steps. (PowerPoint presentation attached to
Official Minutes, Attachment Z.)
XXVI.
Board Items for Future Consideration
President Manchin reminded members of the December 18 meeting. Mr. Dunlevy
suggested a work session in order to take up in-depth reports presented by Superintendent
Phares. (Copy appended to Official Minutes, Attachment T.)
-9XXVII.
Future Meetings
The WVBE will meet December 18, 2013, in Charleston, West Virginia. The next
regular meeting of the WVBE will be held January 8, 2014, in Charleston, West Virginia. The
meeting will continue on January 9, 2014, if the agenda is not completed on January 8, 2014.
XXVIII.
Adjournment
President Manchin declared the meeting adjourned at 3:55 p.m.
Minutes approved by the Board on January 8, 2014.
______________________________________________
Gayle C. Manchin, President
______________________________________________
Robert W. Dunlevy, Secretary
Minutes were recorded by
Virginia M. Harris
Secretary to the Board
WVBEMinutes12/11/13