MINUTES
WEST VIRGINIA BOARD OF EDUCATION
River View High School Auditorium
512 Mountaineer Highway
Bradshaw, West Virginia
May 8, 2013
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 10:13 a.m. on May 8, 2013, in the auditorium at River View High School, 512 Mountaineer Highway,
Bradshaw, West Virginia.
The following members were present: President Linger, Vice President Gayle C.
Manchin, Tina H. Combs, Michael I. Green, Lloyd G. Jackson II, and William M. White, and ex officio James B. Phares, State Superintendent of Schools. Members absent were Secretary
Robert W. Dunlevy and Thomas W. Campbell, 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 and student representative
Aishwarya Saluja of Falling Waters, West Virginia, student at Hedgesville High School
(Berkeley County).
II. Welcome - Introductions - Informational Presentation
Mr. Nelson Spencer, Superintendent, McDowell County Schools, welcomed and thanked the Board, recognized members of the McDowell County Board of Education, central office staff, and principals in attendance, and provided an informational presentation regarding the
McDowell County school system.
III. Approval of Agenda
President Linger requested a motion to approve the agenda. Mrs. Manchin moved that the agenda be approved. Dr. White seconded the motion and upon the call for the question the motion was carried unanimously.
IV. Governor's Education Agenda inclusive of Policy Development and Studies to be Undertaken in Response Governor's Education Legislation and April 29-30, 2013 Work Session
The following updates were provided: President Linger (spoke to the work session and cross counseling), Mrs. Manchin (distributed the work session goal document and spoke to work session outcomes), Mrs. Combs (spoke to the first meeting of the WVBE Commission of School
District Governance and Administration), and Mr. Green (spoke to Project 24), Mr. Jackson

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(spoke to teacher certification/professional development to support reading on grade level by the end of the third grade), and Dr. White (spoke to using RESAs more efficiently). Ms. Donna
Hoylman Peduto, WVBE Director of Operations, assisted members with their reports and spoke to SREB's Preparation for Tomorrow . Superintendent Phares spoke to the ESEA Flexibility
Waiver request, presentation he provided to the WVBE Commission on School District
Governance and Administration, provided update regarding a number of Board policies, and attended a Governor's Work Force meeting. (Copy appended to Official Minutes, Attachment
W.)
V.
Director’s Information
Dr. Gus Penix, Director of the Office of Education Performance Audits (OEPA), stated that, in light of his update at the April 29-30, 2013 work session, he had nothing new to report.
VI. Individual School Education Performance Audit Report for Nutter Fort Primary School, Harrison County
Dr. Penix stated that an announced on-site review (five days in advance) was conducted at Nutter Fort Primary School on March 7, 2013.
Upon the recommendation of Dr. Penix, Dr. White moved that the Full Accreditation status of Nutter Fort Primary School be continued. Mrs. Manchin seconded the motion and upon the call for the question the motion was carried unanimously. (Copy appended to Official
Minutes, Attachment A.)
VII. Individual School Education Performance Audit Report for Dunbar Primary Center, Kanawha County
Dr. Penix stated that an announced on-site review (five days in advance) was conducted at Dunbar Primary Center on March 13, 2013.
Upon the recommendation of Dr. Penix, Mr. Green moved that the Full Accreditation status of Dunbar Primary Center be continued. Dr. White seconded the motion and upon the call for the question the motion was carried unanimously. (Copy appended to Official Minutes,
Attachment B.)
VIII. Individual School Education Performance Audit Report and
Revised Five-Year Strategic Plan for Fort Ashby Primary School, Mineral County
Dr. Penix stated that an announced on-site review (five days in advance) was conducted at Fort Ashby Primary School on February 20, 2013. The report was presented to the superintendent and the principal. The System of School Support immediately initiated assistance to the school and county in revising the strategic plan and correcting deficiencies reported by the
Education Performance Audit. This item includes the Education Performance Audit Report and corresponding corrective actions contained in the revised strategic plan.

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Upon the recommendation of Dr. Penix, Dr. White directed that Fort Ashby Primary
School and Mineral County correct the findings noted in the report by the next accreditation cycle. Mr. Green seconded the motion and upon the call for the question the motion was carried unanimously. (Copy appended to Official Minutes, Attachment C.)
IX. Individual School Education Performance Audit Report for Wiley Ford Primary School, Mineral County
Dr. Penix stated that an announced on-site review (five days in advance) was conducted at Wiley Ford Primary School on February 21, 2013.
Upon the recommendation of Dr. Penix, Mrs. Manchin moved that the Full Accreditation status of Wiley Ford Primary School be continued. Dr. White seconded the motion and upon the call for the question the motion was carried unanimously. (Copy appended to Official Minutes,
Attachment D.)
X. Individual School Education Performance Audit Report and
Revised Five-Year Strategic Plan for Widmyer Elementary School, Morgan County
Dr. Penix stated that an announced on-site review (five days in advance) was conducted at Widmyer Elementary School on February 12, 2013. The report was presented to the superintendent and the principal. The System of School Support immediately initiated assistance to the school and county in revising the strategic plan and correcting deficiencies reported by the
Education Performance Audit. This item includes the Education Performance Audit Report and corresponding corrective actions contained in the revised strategic plan.
Upon the recommendation of Dr. Penix, Dr. White directed that Widmyer Elementary
School and Morgan County correct the findings noted in the report by the next accreditation cycle. Mr. Green seconded the motion and upon the call for the question the motion was carried unanimously. (Copy appended to Official Minutes, Attachment E.)
XI. Education Performance Audit Report for McDowell County School System
Dr. Penix (distributed information) stated that at the January 10, 2010, WVBE meeting, the WVBE returned partial control to the McDowell County Board of Education in the following areas: Finance, Curriculum, Transportation, the establishment and operation of a school calendar, and other decision making authorities of the local board of education according to the statutory provisions and WVBE policies. Because of deficiencies remaining in personnel, the lack of resolve to update county policies, and the facility issues, the WVBE continued intervention in the following areas: Personnel, Facilities, and Policy development. The WVBE issued the McDowell County School District Conditional Approval status and February 11,
2010, instituted an Exit Strategy for Returning Control to the McDowell County Board of
Education. An Education Performance Audit of McDowell County School District was conducted January 29 - February 1, 2013. The review was conducted as prescribed in the document, Exit Strategy for Returning Control to the McDowell County Board of Education.
This report describes the Education Performance Audit Team’s assessment of progress made by

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Education to assume total local control.
Dr. Penix recommended that local control of the county school system be returned to the
McDowell County Board of Education pursuant to the Memorandum of Understanding between the WVBE and the McDowell County Board of Education effective July 1, 2013, subject to the following conditions: That,
1. the current appointed superintendent remains in the position for four years;
2. training is provided to the McDowell County Board of Education in the following areas: personnel, finance, and Board leadership; and
3. the McDowell County Board of Education be mindful that they are under the watchful eye of the WVBE as noted in W. Va. Code §18-2E-5(q)(2) which indicates the
State Board of Education may intervene immediately in the operation of the county systems, ". . . if the state board finds the following: That the conditions precedent to intervention exist as provided in this section and that the state board had previously intervened in the same school system and had concluded the intervention within the preceding five years." and further, pursuant to W. Va. Code §18-2E-5, full authority of the McDowell County School
System be granted to the McDowell County Board of Education and that McDowell County be issued Full Approval status subject to the conditions stated above, effective July 1, 2013. Dr.
Howard O'Cull, Executive Director, West Virginia School Board Association, addressed questions regarding training to be provided to the McDowell County Board of Education by
July 1, 2013.
Mrs. Manchin moved, pursuant to W. Va. Code §18-2E-5, upon the recommendation of the OEPA, that the WVBE grant the McDowell County Board of Education full authority of the
McDowell County School System and that McDowell County be issued Full Approval status, subject to afore-stated conditions, effective July 1, 2013. Mr. Jackson seconded the motion and upon the call for the question the motion was carried unanimously. (Copy appended to Official
Minutes, Attachment F and addendum.)
XII. Capacity Building for Low Performing Schools, Intervention Counties
Dr. Amelia Courts, Assistant State Superintendent, Division of Educator Quality and
System Support, provided information regarding capacity building for a number of low performing schools and the intervention counties.
XIII. Consent Agenda
Mrs. Combs moved that the Consent Agenda be approved. Dr. White seconded the motion and upon the call for the question the motion was carried unanimously. (Copies appended to Official Minutes, Attachments G through N-2.)

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
Issued Buckhannon Academy Elementary School Full Accreditation status
(Attachment G)

Approved revised strategic plans for the 75 Temporary Accreditation status schools and upgraded the schools to Conditional Accreditation status by the
Date Certain listed in the attachment to achieve Full Accreditation status and issued Riverside High School, Kanawha County and Hannan High School,
Mason County Full Accreditation status (Attachment H)

Approved meeting minutes of April 10, 2013 (Attachment I)

Received information regarding WVDE Personnel Matters (Attachment J)

Received notification, per W. Va. Code §18A-4-7a, Transfer of Teachers After the Twentieth Day Prior to the Beginning of the Instructional Term, from
Calhoun County Schools (Attachment K)

Approved Policy 1340, Rules and Procedure for Administrative Hearings and
Appeals to be effective July 1, 2013 (Attachment L)

Approved Policy 2330, Non-public School Accreditation (Attachment M)

Approved Office of Optional Educational Pathways school calendars for
2013-2014 and granted authority to approve minor amendments to the school calendars, as needed, for good cause, to the Associate State Superintendent,
Division of Teaching and Learning (Attachment Mc)

Approved two Memorandum of Agreements (MOAs) to support WVDHHRs ability to submit an application for CDC-Chronic Disease grant opportunity
(Attachment N-1 and N-2).
XIV. West Virginia Secondary School Activities Commission (WVSSAC)
Series 2, Athletics, Provisions Governing Eligibility, and
Series 3, Provisions Governing Contests
Mr. Charles K. Heinlein, Deputy State Superintendent of Schools, presented WVSSAC
Series 2 and Series 3 for the Board's consideration. Amendments to WVSSAC rules are presented to keep the WVSSAC current and updated on changes, trends and issues in the band and athletic programs. Following is a brief summary of the effect of each proposed amendment:
1) to provide a rule reference to address eligibility concerns that arises when a student is identified by a member school/local county board of education under the McKinney-Vento Act;
2) to allow spouses of deceased principals, assistant principals, etc., permanent WVSSAC
Courtesy and Identification Card privileges; 3) to add band director and spouses of deceased band directors to the list of people receiving permanent WVSSAC Courtesy and Identification
Cards; and, 4) to allow teams with fewer numbers of players the capability to field a junior varsity team.

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Dr. White moved that the revisions to WVSSAC Series 2 and Series 3 be placed on public comment for 30 days. Mrs. Manchin seconded the motion and upon the call for the question the motion was carried unanimously. (Copy appended to Official Minutes, Attachments
O-1 and O-2.)
XV. Policy 5100, Approval of Educational Personnel Preparation Programs
Dr. Courts presented Policy 5100 for the Board's consideration. Policy 5100 has been revised to address the governor’s challenge to the state board to ensure all children are reading on grade level at 3rd grade by incorporating a requirement for a reading assessment for elementary education teacher preparation program completers and by requiring that the Praxis I reading, writing and math tests be taken and passed prior to formal admission into teacher education programs. In addition, changes were made to clarify appropriate field and clinical practicum requirements; to revise the requirements for gifted and special education program admission; to update terminology for approved programs; to clarify language regarding the program review cycle and annual report requirement for IHEs; to update the currently recognized programmatic level for the CTE professional license in Appendix C and to update Praxis I and II tables in Appendix E; and to make other edits to clarify the intent of the policy.
Mrs. Manchin moved that Policy 5100 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 P.)
XVI. Policy 5202, Minimum Requirements for the Licensure of
Professional/Paraprofessional Personnel & Advanced Salary Classifications
Dr. Courts presented Policy 5202 for the Board's consideration. Policy 5202 has been revised to address the governor's challenge to the WVBE to ensure all children are reading on grade level at 3rd grade by incorporating a requirement for a reading assessment for Elementary
Education teacher preparation program completers. In addition, changes were made to identify requirements for new Temporary Authorizations; to create new Career and Technical (CTE) endorsements; to identify requirements for new Advanced Credentials and to update requirements for currently existing Advanced Credentials; to update the list of accrediting agencies for IHEs; to clarify language regarding salary classification for the Non-US Citizen
Permit; to clarify the language for certificate renewal; to revise Appendix C; to update Praxis I and II information on Appendix B; and to make other edits to clarify the intent of the policy.
Dr. White moved that Policy 5202 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 Q.)
XVII. Policy 5500, Professional Development for West Virginia Educators
Ms. Betty Jo Jordan, Executive Assistant to the State Superintendent, presented Policy
5500 for the Board's consideration. The passage of Senate Bill 359 during the 2013 Regular

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Legislative Session requires the WVBE to establish an emergency rule on or before June 1, 2013 to comply with W. Va. Code §18-2I-4. The emergency rule shall ensure the coordination, development and evaluation of high quality professional development programs for the
2013-2014 school year.
Mr. Jackson moved Policy 5500 be approved under emergency status and effective upon filing with the Secretary of State and that Policy 5500 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 R.)
XVIII. Collaborative Innovation Zone Plan for
McDowell County School District's Community School Strategy
Mr. Heinlein presented the Collaborative Innovation Zone Plan for McDowell County
School District's Community School Strategy for the Board's consideration .
Mrs. Manchin moved that the Collaborative Innovation Zone Plan for McDowell County
School District's Community School Strategy 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.)
XIX. Appointment of West Virginia Athletic Directors Association Member to the
West Virginia Secondary School Activities Commission (WVSSAC) Board of Review
Mr. Heinlein stated that the WVSSAC Board of Review has a vacancy in the category of the West Virginia Athletic Directors Association. The Association has submitted three names in priority order of preference to the State Superintendent for recommendation to the WVBE for approval in accordance with WVSSAC Series 1, §127-1-13 and 13.1.1. The State
Superintendent recommends that Melissa Riley, Athletic Director at Lewis County High School, be appointed to serve on the WVSSAC Board of Review for a five year term.
Mrs. Manchin moved that Melissa Riley, Athletic Director at Lewis County High School, be appointed to serve on the WVSSAC Board of Review for a five year term.
Mrs. Combs seconded the motion and upon the call for the question the motion was carried unanimously.
XX. Approval of 2013-2014 WVBE Statewide Professional Development Goals
Mr. Jackson presented the 2013-2014 WVBE statewide professional development goals for the Board's consideration.
Mr. Jackson moved that 2013-2014 WVBE statewide professional development goals 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 T.)
Ms. Deskins presented

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XXI. WVBE Personnel
Executive Session
President Linger called upon Heather Hutchens Deskins, General Counsel to the WVBE and WVDE regarding the Board's personnel attachment. Attorney Deskins stated that a proposed action on the attachment required an executive session. Mrs. Combs, as provided 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], moved that the Board move into executive session. Mr. Green seconded the motion and upon the call for the question the motion was carried unanimously. The Board entered into executive session at 11:46 a.m.
XXII. Return from Executive Session and Break
Upon motion by Dr. White, seconded by Mrs. Manchin the Board returned from executive session at 12:39 p.m. President Linger called for a break for lunch at 12:40 p.m.
XXIII. Call to Order
President Linger called the meeting back to order at 1:16 p.m.
XXIV. WVBE Personnel (Continued)
President Linger stated that the upon the Board's return from executive session no action had been taken or decisions made and called for a motion to approve the Board's personnel attachment. Mrs. Manchin moved that the Board's personnel attachment 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 U.)
XXV. Board Items for Future Consideration
President Linger requested that items mentioned during the meeting be placed on the appropriate agenda. (Copy appended to Official Minutes, Attachment V.)
XXVI. Future Meetings
The next regular meeting of the WVBE will be held June 12, 2013, in Charleston, West
Virginia. The meeting will continue on June 13, 2013, if the agenda is not completed on June
12, 2013. The WVBE Technology Committee will meet May 9, 2013, in Charleston, West
Virginia. The WVBE High Quality Educator Committee will meet May 14, 2013, in Charleston,
West Virginia. The WVBE Wellness Committee will meet June 11, 2013, in Charleston, West
Virginia. The WVBE Commission on School District Governance and Administration will meet
June 11, 2013, in Charleston, West Virginia. The WVBE College and Career Readiness
Committee will meet June 26, 2013, in Charleston, West Virginia. The WVBE High Quality
Educator Committee will meet July 8, 2013, in Charleston, West Virginia.

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XXVII. Reconnecting McDowell Sub-committee Reports
Mrs. Manchin requested that Reconnecting Board members stand and be recognized and introduced Randi Weingarten, Esq., President, American Federation of Teachers, AFL-CIO, and
U. S. Army Colonel James Runyon, Chief of Joint Staff, West Virginia National Guard, who presented information regarding Reconnecting McDowell initiatives and opportunities. Ms.
Weingarten introduced Ms. Leah Daughtry and Mr. Bob Brown, Project Managers,
Reconnecting McDowell, who presented Reconnecting McDowell public service announcements and sub-committee reports for the Board's information.
XXVIII. Adjournment
President Linger declared the meeting adjourned at 2:09 p.m.
Minutes approved by the Board on June 13, 2013.
______________________________________________
L. Wade Linger Jr., President
______________________________________________
Robert W. Dunlevy, Secretary
Minutes were recorded by
Virginia M. Harris
Secretary to the Board
WVBEMinutes5/8/13