MINUTES
WEST VIRGINIA BOARD OF EDUCATION
Board Conference Room
Capitol Building 6, Room 353
1900 Kanawha Boulevard, East
Charleston, West Virginia
February 13, 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 10:07
a.m. on February 13, 2013, in the Board Conference Room, Capitol Building 6, Room 353,
Charleston, West Virginia.
The following members were present: President Linger, Vice President Gayle C.
Manchin, Secretary Robert W. Dunlevy, Tina H. Combs, Thomas W. Campbell, Michael I.
Green, Lloyd G. Jackson II, and William M. White, and ex officios James B. Phares, State
Superintendent of Schools, and Paul L. Hill, Chancellor, West Virginia Higher Education Policy
Commission. Member absent was ex officio James L. Skidmore, Chancellor, West Virginia
Council for Community and Technical College Education. Also absent was student
representative Luke Massey of Masontown, West Virginia, who attends Preston High School
(Preston County).
II.
Delegations
Delegate Ruth Rowan, representing the 57th District and grandparent of a child attending
the West Virginia Schools for the Deaf and the Blind (WVSDB), addressed the Board regarding
funding for the WVSDB. Mr. Randall Patterson, citizen of Fayette County, addressed the Board
regarding a number concerns regarding Fayette County Schools. Ms. Christine Kannon of
Charleston and a parent of a child attending the WVSDB, addressed the Board regarding
proposed changes at the WVSDB. Ms. Carolyn Arritt, citizen of Fayette County, addressed the
Board regarding a number of concerns regarding Fayette County Schools.
III.
Approval of Agenda
President Linger requested a motion to approve the agenda. Mrs. Manchin requested that
Consent Agenda item 2. Waivers of State Board of Education Policies and Regulations,
Superintendent’s Interpretations and State Statutes and Legislative Rules be removed from the
Consent Agenda for discussion. Dr. White moved that the agenda be approved with the
requested modification. Mr. Dunlevy seconded the motion and upon the call for the question the
motion was carried unanimously.
-2IV.
Claude Worthington Benedum Foundation
Dr. James V. Denova, Vice President, Claude Worthington Benedum Foundation,
addressed the Board regarding funding provided to education by the Benedum Foundation. Dr.
Doreen Lawson, President, Pierpont Community and Technical College, addressed the Board
regarding high tech curriculum and job opportunities.
V.
Broadband Technology and Opportunities Program (BTOP) Update
Mr. Mark McKenzie (distributed information), Manager - Engineering, Frontier
Communications, provided an update regarding BTOP. (Copy appended to Official Minutes,
Attachment W.)
VI.
Director’s Information
Dr. Gus Penix, Director of the Office of Education Performance Audits (OEPA),
provided an update regarding the revision of Policy 2320.
VII.
School District Approval Status and School Accreditation Status
February 2013 Report of Ratings
Dr. Penix presented the School District Approval Status and School Accreditation Status,
February 2013 Book of Ratings for the Board's consideration. The WVBE annually rates both
school and school systems on the results of information reviewed from the system of education
performance audits.
Upon the recommendation of Dr. Penix, Dr. White moved that the schools and school
systems in West Virginia be issued the accreditation/approval status as shown in the February
2013 Report of Ratings. Mr. Jackson seconded the motion and upon the call for the question the
motion was carried unanimously. (Copy appended to Official Minutes, Attachment A.)
VIII.
County Plans to Eliminate Financial Deficits: Approval of the
Submitted Plans for the Braxton, Calhoun, Clay, Mason, Monroe, Pendleton,
Preston, and Webster County School Systems
Dr. Penix presented county plans to eliminate financial deficits for the Braxton, Calhoun,
Clay, Mason, Monroe, Pendleton, Preston, and Webster County School Systems for the Board's
consideration. W. Va. Code §18-2E-5 and Section 15.6 of Policy 2320, A Process for Improving
Education: Performance Based Accreditation System, indicated that whenever the county board
has more than a casual deficit the county board shall submit a plan to the WVBE specifying
strategies for eliminating the deficit. According to code and policy, the WVBE shall either
approve or reject the plan. Five county school systems had deficits beyond what is considered to
be casual deficit as defined in W. Va. Code §18-1-1. These include Braxton, Calhoun, Mason,
Monroe, and Preston counties. Three county school systems experienced deficit unrestricted
fund balances in their General Current Expense Fund at June 30, 2012. These include Clay,
Pendleton, and Webster counties. It was requested that periodic progress reports be provided to
-3the Board regarding the elimination of county deficits with the first report to be provided in May
or June.
Upon the recommendation of Dr. Penix, Mrs. Manchin moved that the county plans to
eliminate financial deficits for the Braxton, Calhoun, Clay, Mason, Monroe, Pendleton, Preston,
and Webster County School Systems 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 B.)
IX.
Capacity Building for Low Performing Schools, Intervention Counties
and the West Virginia Schools for the Deaf and the Blind (WVSDB)
Ms. Michele Blatt, 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, Attachment C.)
X.
Break
President Linger called for a break for lunch at 11:58 a.m. Chancellor Hill departed the
meeting.
XI.
Call to Order
President Linger called the meeting back to order at 12: 25 p.m.
XII.
Capacity Building for Low Performing Schools, Intervention Counties
and the West Virginia Schools for the Deaf and the Blind (WVSDB) (Continued)
Dr. Lynn Boyer, Superintendent of the WVSDB, addressed the Board regarding an item
that was tabled at the January meeting regarding the purchase of property for a post graduate
program and reported that the owners would like to lease the property to the WVSDB. Dr.
Boyer will obtain information regarding a two year lease and, if approved by the Board, stated
that funding would be taken from a benefactors' fund. Dr. Boyer also addressed the Board
regarding Unfinished Business item A. West Virginia Schools for the Deaf and the Blind
(WVSDB) Legislative Improvement Package and recommended that the Board not act on the
item and that she return at a future date with information for a fuller discussion and appropriate
decision. (Copy appended to Official Minutes, Attachments P-1 and P-2.)
XIII.
WVBE Personnel Matter
President Linger called for a motion to move into executive session as provided in
W. Va. Code §6-9A-4(b)(2)(A) [personnel exception] for a personnel matter in regards to
capacity building at the WVSDB. Mr. Jackson moved that the Board enter into executive
session for a personnel matter. Mr. Green seconded the motion and upon the call for the
-4question the motion was carried unanimously. The Board entered into executive session at 1:15
p.m.
XIV.
Return from Executive Session
Mrs. Manchin moved that the Board return from executive session. Mr. Green seconded
the motion and upon the call for the question the motion was carried unanimously. The Board
returned from executive session at 2:32 p.m.
President Linger announced that no decisions were made.
XV.
Consent Agenda
Mrs. Manchin moved that the Consent Agenda be approved as previously amended.
Mrs. Combs 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
O.)

Approved five-year strategic Plans for 55 county school systems (Attachment
D)

Approved meeting minutes of January 9, 2013 (Attachment E)

Approved the closure of Keyser Pre-K Head Start School and Keyser
Primary/Middle School, Mineral County (Attachment F)

Approved Employment of Substitute Teachers in Areas of Critical Need
policies for the WVDE Office of Optional Educational Pathways and
Greenbrier and Jefferson County Schools (Attachment H)

Approved content standards and objectives developed for two elective courses
at Gilmer County High School (Attachment I)

Repealed Policy 8210, Emergency Purchasing Procedures (Attachment J)

Approved Policy 5301, College Hours or Comparable Training in a Vocational
School for placement on public comment for 30 days (Attachment K)

Approved Policy 5314.01, Autism Mentor, for placement on public comment
for 30 days (Attachment L)

Received the Medicaid Reimbursement FY12 Annual Report (Attachment M)

Received the Prospective Employable Professional Personnel (PEPP) Annual
Report to be filed with the Legislative Librarian (Attachment Mc)
-5-
XVI.

Approved Appointments to County Board Member Training Standards Review
Committee (TSRC), with members to serve until June 30, 2014, or until their
successors are chosen by the WVBE (Attachment N)

Approved county superintendent performance evaluation forms for Ohio,
Randolph and Roane Counties (Attachments O-1, O-2 and O-3).
Waivers of State Board of Education Policies and Regulations,
Superintendent’s Interpretations and State Statutes
and Legislative Rules
Mrs. Manchin requested clarification regarding the waiver requested by Jefferson County
Schools. Ms. Betty Jo Jordan, Executive Assistant to the State Superintendent, provided
clarification regarding the waiver request.
Mrs. Manchin moved that the waiver request for Jefferson County Schools be denied and
the remaining three first time request for a waiver of WVBE policy 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 G.)
XVII.
West Virginia Schools for the Deaf and the Blind (WVSDB)
Legislative Improvement Package
The Board took no action regarding this item. (Copy appended to Official Minutes,
Attachments P-1 and P-2.)
XVIII.
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
Ms. Heather Hutchins Deskins, General Counsel to the WVBE and WVDE, reported that
no new FOIA requests or litigation have been received and reported that the Hicks v. WVBE
lawsuit was denied without prejudice by the Supreme Court of Appeals of West Virginia.
XIX.
Appointments to WVBE Statutory Units/Liaisons/Presidential
Committees 2012-2013 and RESA Assignments
President Linger distributed an updated appointments chart and RESA assignments for
the Board's consideration. Discussion ensued regarding a number of vacancies with Mr. Jackson
volunteering for the following appointments: RESA 2, Center for Professional Development,
West Virginia Commission for Professional Teaching Standards, and the Policy 2510
stakeholders group.
Dr. White moved that the appointments to WVBE Statutory Units/Liaisons/Presidential
Committees for 2012-2013 and RESA assignments, as amended during the meeting, be
-6approved. Mrs. Manchin seconded the motion and upon the call for the question the motion was
carried unanimously. (Copy appended to Official Minutes, Attachment R and addendum.)
XX.
Policy 3235, Definition of Good Cause for Refusal
to Receive School Board Training
Dr. Howard O'Cull, Executive Director, West Virginia School Board Association,
presented Policy 3235 for the Board's consideration. Policy 3235 is being amended to bring it
into compliance with W. Va. Code §18-5-1a. The West Virginia Legislature amended W. Va.
Code §18-5-1a in 2009 relative to a county board of education member’s (members’) failure to
receive the requisite seven (7) clock hours training required in that statute. The Legislature
amended and then reenacted an existing provision of statute so that a county board member’s
failure to receive training without the showing of good cause could constitute “neglect of duty.”
The resulting statute vacated then existing law that authorized the state Board of Education to
institute proceedings in circuit court to remove a county board member (members) from
office for failure to receive training without the member’s (members’) showing of good cause.
Mr. Dunlevy moved that Policy 3235 be placed on public comment for 30 days. Mr.
Campbell seconded the motion and upon the call for the question the motion was carried
unanimously. (Copy appended to Official Minutes, Attachment S.)
XXI.
Policy 4336, West Virginia School Bus
Transportation Policy and Procedures Manual
Ms. Hutchins Deskins presented Policy 4336 for the Board's consideration. Policy 4336
is being revised to incorporate the intent of W. Va. Code §18A-4-8e which establishes a School
Bus Operator Review Panel to make recommendations to the Superintendent on hearing the
suspension of, denial for cause, revocation or imposition of conditions on a school bus operator
certificate. Other changes have been made to update this current policy to reflect recent policy
and/or statutory changes.
Dr. White moved that Policy 3235 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, Attachment T.)
XXII.
Board Reports
WVBE Wellness Committee. Mrs. Manchin, assisted by Dr. Amelia Courts, Assistant
State Superintendent, Division of Educator Quality and System Support, provided an update on
the behalf of the Wellness Committee. Due to expected legislation the WVBE Wellness
Committee recommendations for legislative action do not require Board action.
Board Member Reports. Mrs. Manchin reminded members of NASBE's legislative
conference and that requested members advise her of their intent to attend. Dr. White attended
the Safe Schools Summit, a number of RESA meetings. Mr. Dunlevy attended meetings of the
West Virginia Secondary School Activities Commission and Mid-Ohio Valley Health Care. Mr.
Green attended a RESA 7 meeting, WVDE evaluation task force meeting, and Digital Learning
-7Day in Taylor County. Mrs. Combs attended a RESA 8 meeting. Mr. Jackson attended a
Lincoln County Board of Education meeting and spent some time on accreditation and
accountability issues and FOIA requests. President Linger attended School Safety Summits in
Harrison County and at the West Virginia Culture Center, meetings with RESAs, West Virginia
Association of School Administrators, Governor's staff (regarding the audit response) and spent a
number of hours working on issues regarding the WVSDB, facilities issues in Ohio County,
FOIA requests, and teacher certification.
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.
(Copies appended to Official Minutes, Attachment X.)
XXIII.
State Superintendent’s Report
Superintendent Phares presented WVDE personnel matters for the Board’s information.
(Copy appended to Official Minutes, Attachment U.) Superintendent Phares deferred the
remainder of his report to later in the agenda. President Linger and Superintendent Phares
departed the meeting. President Linger gave charge of the meeting to Vice President Manchin
and Deputy Superintendent Charles K. Heinlein took the chair vacated by Superintendent Phares.
XXIV.
WVBE Personnel Matters including Reductions in Force (RIFs)
at the West Virginia Schools for the Deaf and the Blind (WVSDB)
Vice President Manchin stated that the West Virginia Schools for the Deaf and the Blind
(WVSDB) employee, Mr. Jeremy Eye, wished his personnel hearing to be conducted in open
session and that the purpose of the hearing was the WVSDB's recommendation to reduce his
position as a Business Education Teacher. Individuals giving testimony were sworn in and
testimony was given by Dr. Boyer, Mr. Ben Barkey, West Virginia Education Association
representative appearing for Mr. Eye, and Mr. Eye.
Vice President Manchin asked if the Board wished an executive session to deliberate the
Board's personnel matters. Mr. Jackson moved that the Board enter into executive session, as
provided in W. Va. Code §6-9A-4(b)(2)(A) [personnel exception], to deliberate personnel
matters. Dr. White seconded the motion and upon the call for the question the motion was
carried with six members voting yes and one member voting no. The Board entered into
executive session at 4:09 p.m.
XXV.
Return from Executive Session
Mr. Dunlevy moved that the Board return from executive session. Mr. Campbell
seconded the motion and upon the call for the question the motion was carried unanimously.
The Board returned from executive session at 4:27 p.m.
Vice President Manchin called for a motion regarding the Board's personnel matter. Dr.
White moved that all WVBE personnel matters found in the attachment Q, including both
Reductions in Force (RIFs) at the WVSDB, be approved. Mr. Green seconded the motion and
-8upon the call for the question the motion was carried unanimously. (Copy appended to Official
Minutes, Attachment Q.)
XXVI.
Board Reports (Continued)
ReConnecting McDowell. Mr. Bob Brown, Executive Director, West Virginia School
Service Personnel Association, provided an update regarding the Reconnecting McDowell
initiative.
XXVII.
State Superintendent’s Report
Next Generation Common Core. Mr. Robert E. Hull (distributed information),
Association State Superintendent, Division of Teaching and Learning , and update regarding the
Next Generation Common Core State Standards including the roll out of professional
development, progress on the Smarter Balance Assessment Consortium, and progress on the
sequence of math content. (Copy appended to Official Minutes, Attachment Y.)
XXVIII.
Recess
Vice President Manchin recessed the meeting at 5:10 p.m. and announced that the
meeting would reconvene on February 14, 2013, at 8:30 a.m. in the same location.
XXIX.
Reconvene
President Linger reconvened the meeting of February 13, 2013, at 8:43 a.m. on February
14, 2013, in the Board Conference Room, Capitol Building 6, Room 353, Charleston, West
Virginia.
The following members were present: President Linger, Vice President Gayle C.
Manchin, Secretary Robert W. Dunlevy, Tina H. Combs, Thomas W. Campbell, Michael I.
Green, Lloyd G. Jackson II, and William M. White, and ex officio James B. Phares, State
Superintendent of Schools. 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. Also absent was student
representative Luke Massey of Masontown, West Virginia, who attends Preston High School
(Preston County).
XXX.
Discussion of Governor's Education Priorities
President Linger lead a discussion regarding the Governor's education priorities revealed
during the 2013 State of the State address.
Following discussion, Mr. Jackson moved that the Board's President, in consultation with
the Board, make the appropriate appointments to effectuate what the Governor has requested the
Board to do and not wait another 30 days. Mrs. Manchin seconded the motion and upon the call
for the question the motion was carried unanimously.
-9XXXI.
Discussion of WVBE Priorities in Response to the
Governor’s Education Efficiency Audit (Call to Action)
inclusive of Legislative Priorities
President Linger (distributed information) lead discussion regarding the Board's response
to a letter received from the Governor regarding education priorities.
Following review and discussion of the Board's response the Governor's letter, three
amendments were requested to be made to the response. The amended response (attached) was
reviewed. Dr. White moved that the Board's response be approved and delivered immediately to
the Governor. Mrs. Manchin seconded the motion and upon the call for the question the motion
was carried unanimously. (Copies appended to Official Minutes, Attachment Z.)
XXXII.
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.)
XXXIII.
Future Meetings
The next regular meeting of the WVBE will be held March 13, 2013, at 8:30 a.m. in
Charleston, West Virginia. The meeting will continue on March 14, 2013, in Charleston, West
Virginia, if the agenda is not completed on March 13, 2013.
XXXIV.
Adjournment
President Linger called for a motion to adjourn. Mr. Dunlevy moved that the meeting be
adjourned. Dr. White seconded the motion and upon the call for the question the motion was
carried unanimously. The meeting was adjourned at 9:38 a.m.
Minutes approved by the Board on March 13, 2013.
______________________________________________
L. Wade Linger Jr., President
______________________________________________
Robert W. Dunlevy, Secretary
Minutes were recorded by
Virginia M. Harris
Secretary to the Board
WVBEMinutes2/13/13