MINUTES
WEST VIRGINIA BOARD OF EDUCATION
Board Conference Room
Capitol Building 6, Room 353
1900 Kanawha Boulevard, East
Charleston, West Virginia
January 9, 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 10:35 a.m. on January 9, 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 (via telephone), Secretary Robert W. Dunlevy, Thomas W. Campbell (via telephone),
Michael I. Green, Lloyd G. Jackson II, and William M. White, and ex officio James B. Phares,
State Superintendent of Schools, and James L. Skidmore, Chancellor, West Virginia Council for
Community and Technical College Education. Member absent was ex officio Paul L. Hill,
Chancellor, West Virginia Higher Education Policy Commission. Also absent was student representative Luke Massey of Masontown, West Virginia, who attends Preston High School
(Preston County).
II. Recognitions – National Board Certification (NBC) Day ~ January 8, 2013
Ms. Lisa Hedrick, Executive Director, WVDE Office of Professional Preparation, provided a brief overview of the NBC process and an opportunity was provided to the Board to recognize and congratulate West Virginia’s newest class of 61 NBC teachers. Ms. Mary Beth
Kessinger, teacher, George Washington High School (Kanawha County) and 2011 NBC teacher, addressed the Board regarding the NBC process. The Board recognized Ms. Kessinger for her achievement.
III. Delegations
Ms. Carolyn Arritt (copy of information provided to Superintendent Phares attached), citizen of Fayette County, addressed the Board regarding Fayette County school closures and return to local control. Ms. Shirley McGraw, citizen of Fayette County, addressed the Board regarding a number of educational concerns. (Copy attached to Official Minutes, Attachment P.)
IV. Approval of Agenda
President Linger requested a motion to approve the agenda. Dr. White moved that the agenda be approved. Mr. Dunlevy seconded the motion and upon the call for the question the motion was carried unanimously.

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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 Q.)
VI. Director’s Information
Dr. Gus Penix, Director of the Office of Education Performance Audits (OEPA), provided an update regarding the accountability and accreditation stakeholders group, the revision of Policy 2320, and the relocation of OEPA offices to another Charleston location.
VII. Initial Individual School Education Performance Audit Reports for
Memorial Primary School, Whitethorn Elementary School, and
Princeton Primary School, Mercer County
Dr. Penix reported that announced on-site reviews were conducted at Memorial Primary,
Whitethorn Elementary, and Princeton Primary November 27-29, 2012.
Upon the recommendation of Dr. Penix, Dr. White moved that Memorial Primary School,
Whitethorn Elementary School, and Princeton Primary School, be granted Full Accreditation status. Mr. Dunlevy seconded the motion and upon the call for the question the motion was carried unanimously. (Copy appended to Official Minutes, Attachment A.)
VIII. Capacity Building for Low Performing Schools, Intervention Counties and the West Virginia Schools for the Deaf and the Blind (WVSDB)
Mr. Ted Mattern, System Support Liaison, Office of the State Superintendent, and Dr. K.
Lynn Boyer, Superintendent, WVSDB, provided information regarding capacity building for a number of low performing schools, the intervention counties and the WVSDB.
Break IX.
President Linger called for a break at 12:02 p.m.
X. Call to Order
President Linger called the meeting back to order at 12:38 p.m.
Consent Agenda XI.
Dr. White moved that the Consent Agenda be approved. Mr. Green seconded the motion and upon the call for the question the motion was carried unanimously. (Copies appended to Official Minutes, Attachments B through J.)

Approved meeting minutes of December 12, 2012 (Attachment B)

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
Approved an Employment of Substitute Teachers in Areas of Critical Need policies for Cabell, Kanawha, Marshall, Mercer and Pendleton County Schools
(Attachment C)

Approved one first time request for a waiver of WVBE policy (Attachment D)

Approved Policy 2445.40, Groupings for Adoption of Instructional Resources for Early Childhood Education, Middle Childhood Education, and Adolescent
Education (Attachment E)

Approved Policy 2520.16, Alternate Academic Achievement Standards in
Science for West Virginia Schools (Attachment F)

Approved Policy 2520.161, Alternate Academic Achievement Standards in
English Language Arts for West Virginia Schools (Attachment G)

Approved Policy 2520.162, Alternate Academic Achievement Standards in
Mathematics for West Virginia Schools (Attachment H)
 Approved West Virginia County Board Members’ Credit Hours of Training
Final Report for 2011-2012 (Attachment I)

Approved West Virginia Board of Education/West Virginia School Board
Association County Board Member Training Standards Review Committee
(TSRC) Procedures of Operation (Attachment J)
XII. West Virginia Schools for the Deaf and the Blind (WVSDB)
Service Model to Emphasize Independent Living Skills
Dr. Boyer presented a WVSDB service model to emphasize independent living skills for the Board’s consideration. The WVSDB is developing the service model to be available to young adults in post-graduation status that emphasizes continued literacy and math development, independent living skills, paid internships, community service, and job development. Young adults across the State of West Virginia with hearing and vision loss can participate even if they have not attended WVSDB pre-graduation. Following discussion, Dr. Boyer was requested to provide pro form data regarding all costs associated with the living skills service model at the
February meeting of the Board.
Following discussion, Dr. White moved that that permission be granted to move forward with negotiations toward the purchase of real estate, using the WVSDB’s Gifts and Bequests fund, to house the independent living skills service model. Mr. Green seconded the motion and upon the call for the question the motion was carried unanimously.

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XIII. West Virginia Schools for the Deaf and the Blind (WVSDB)
Legislative Improvement Package
Dr. Boyer (distributed information) stated that the WVSDB has received $1,000,000 in a three percent statewide grant from the School Building Authority and in order to begin Phase I of the WVSDB CEFP, $3,441,252 must be garnered through legislative appropriation.
Following discussion, Mr. Dunlevy moved that New Business items A. West
Virginia Schools for the Deaf and the Blind (WVSDB) Service Model to Emphasize Independent
Living Skills and B. West Virginia Schools for the Deaf and the Blind (WVSDB) Legislative
Improvement Pack age be tabled. Mr. Green seconded the motion and upon the call for the question the motion was carried unanimously. (Copy appended to Official Minutes, Attachment
R.)
XIV. Grant County Memorandum of Understanding with the
WVBE regarding the Exit Strategy for Returning Local Control
Mr. Charles K. Heinlein, Deputy Superintendent of Schools, presented the Grant County
Memorandum of Understanding with the WVBE regarding the Exit Strategy for Returning Local
Control for the Board’s consideration. The OEPA recommended certain areas of authority to be returned to Grant County Board of Education at the December 2012 WVBE meeting. The
OEPA also recommended that Grant County be placed under provisional status and that a
Memorandum of Understanding (MOU) be effectuated to return local control to Grant County as contained with the MOU. Both recommendations were approved by the WVBE.
Dr. White moved that the MOU between the Grant County Board of Education and the
WVBE 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 K.)
XV. Policy 2520.13, Common Core Content Standards for
Career and Technical Education in West Virginia Schools
Dr. Kathy D’Antoni, Assistant State Superintendent, Division of Technical and Adult
Education, presented Policy 2520.13 for the Board’s consideration. Repeal of the career and technical education content standards and objectives (CSOs) approved by the WVBE in 2005 and replacing them with the National Common Career and Technical Core, Career Ready
Practices, and the Content Skill Sets and Objectives defined for each of the state approved career and technical concentrations and courses is requested.
Mrs. Manchin moved that Policy 2520.13 be placed on public comment for 30 days.
Mr. Dunlevy seconded the motion and upon the call for the question the motion was carried unanimously. (Copy appended to Official Minutes, Attachment L.)

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XVI. Break
President Linger called for a break at 2:07 p.m. Mr. Campbell and Chancellor Skidmore departed the meeting.
XVII. Call to Order
XVIII.
President Linger called the meeting back to order at 2:31 p.m.
State Superintendent of Schools Search
President Linger stated that he has spoken with the Governor’s staff regarding W. Va.
Code qualifications for the State Superintendent of Schools.
XIX. Independent Review of All WVDE and WVBE
Contracts and Agreements with Vendors
President Linger requested a motion to seek an independent review of all WVDE and
WVBE contracts and agreements with vendors.
Mr. Jackson moved that an independent review of all WVDE and WVBE contracts and agreements with vendors be delayed to a future agenda until the scope of the review is defined.
Mr. Green seconded the motion and upon the call for the question the motion was carried unanimously.
XX. Appointments to WVBE Statutory Units/Liaisons/Presidential
Committees 2012-2013
President Linger recommended that Dr. White be appointed as Chair of the Board’s
RESA Committee.
Mr. Jackson moved that Dr. White be appointed as chair of the Board’s RESA
Committee. Mr. Green seconded the motion and upon the call for the question the motion was carried unanimously. (Copy appended to Official Minutes, Attachment Mc.)
XXI.
WVBE Personnel Matters including Termination of
Employment of an Employee at RESA 3
President Linger asked if discussion was needed regarding the WVBE’s personnel. Ms.
Heather Hutchens Deskins, general counsel to the WVBE and WVDE, indicated that a RESA 3 employee wished to address the Board in open session. Thereupon, Mr. Timothy Sayre
(distributed information), employee of RESA 3, addressed the Board regarding the employment action proposed on the Board’s personnel attachment.
Dr. White moved, as provided in
W. Va. Code §6-9A-4(b)(2)(A) [personnel exception], that the Board enter into executive session to take up WVBE personnel matters. Mr. Jackson

- 6 - seconded and stated the motion in full, that the Board enter into Executive Session 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], and upon the call for the question the motion was carried unanimously. The Board entered into executive session at 2:45 p.m.
XXII.
Return from Executive Session
Dr. White 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 3:23 p.m.
President Linger called for a motion to approve the Board’s personnel matters found in the attachment with the exception of the RESA 3 termination. Mr. Green moved that the
WVBE’s personnel matters found in the attachment, with the exception of the RESA 3 termination, be approved. Mr. Jackson seconded the motion and upon the call for the question the motion was carried unanimously. (Copy appended to Official Minutes, Attachment N and addendum.)
XXIII. Board Reports
ReConnecting McDowell. Ms. Jesse Morgenstern (distributed information),
Researcher-Writer, ReConnecting McDowell, provided an update regarding the Reconnecting
McDowell initiative. (Copy appended to Official Minutes, Attachment S.)
WVBE Wellness Committee.
Mrs. Manchin provided an update on the behalf of the
Wellness Committee.
Demonstrating HTML Version of WVBOE Audit to Action Report. President Linger, assisted by Ms. Donna Peduto, WVBE Liaison, provided a demonstration of the HTML version of the Board’s
Audit to Action Report.
Board Member Reports . Mrs. Manchin reported on a West Virginia School Boards
Association Training Standards Review Committee meeting; Dr. White (distributed information) attended meetings of the West Virginia School Board Association executive committee,
ReConnecting McDowell sub-committee, and RESA Executive Directors; Mr. Dunlevy attended a meeting of the School Building Authority; Mr. Jackson provided a report regarding a CCSSO meeting; President Linger attended meetings of the West Virginia Association of School
Administrators, RESA Executive Directors, West Virginia Chamber of Commerce, and West
Virginia School Building Authority. (Copy appended to Official Minutes, Attachment T.)
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. (Copy appended to Official Minutes, Attachment U.)

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XXIV.
State Superintendent’s Report
Superintendent Phares presented WVDE personnel matters for the Board’s information.
(Copy appended to Official Minutes, Attachment N.)
School Safety. Dr. Amelia Courts (distributed information), Assistant State
Superintendent, Division of Educator Quality and System Support, Mr. Mike Pickens, Executive
Director, WVDE Office of School Facilities, and Mr. Don Chapman, Assistant Director, WVDE
Office of Healthy Schools, provided information regarding school safety from facilities to the school environment. Dr. Courts was requested to contact a national expert regarding a review of the current status of school safety in West Virginia Schools. (Copy appended to Official
Minutes, Attachment V.)
Common Core Roll-Out. Superintendent Phares, with the consensus of the Board, deferred the Common Core Roll-Out, SLDS/P 20 and Accreditation/Accountability reports to the
February meeting.
WVDE/Budget.
Superintendent Phares, assisted by Mr. Joe Panetta (distributed information) Assistant State Superintendent, Division of Student Support Services, provided an update regarding the WVDE’s revised proposed budget reductions and improvement requests.
(Copy appended to Official Minutes, Attachment W.)
XXV. Discussion of WVBE Priorities in Response to the
Governor’s Education Efficiency Audit inclusive of Legislative Priorities and WVBE Wellness Committee Recommendations for Legislative Action
President Linger deferred this item to the February meeting.
XXVI. 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 O.)
XXVII. 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
President Linger called for a motion to move into executive session to receive an update and discuss with counsel pending legal matter.
Mr. Green moved, as provided in in W. Va. Code §6-9A-4 [matters involving attorney client privilege per Peters v. County Commission, 205 W. Va. 481 (1999)], that the Board enter into executive session to receive an update and discuss with counsel pending legal matters. Mr.
Jackson seconded the motion and upon the call for the question the motion was carried

- 8 - unanimously. The Board moved into executive session at 4:45 p.m. Mr. Campbell rejoined the meeting.
XXVIII.
Return from Executive Session
President Linger called for a motion to return from executive session. Dr. White 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 5:57 p.m. at which time President Linger announced that no decisions were made or action taken.
XXIX. Future Meetings
The next regular meeting of the WVBE will be held February 13, 2013, in Charleston,
West Virginia. The meeting will continue on February 14, 2013, in Charleston, West Virginia, if the agenda is not completed on February 13, 2013.
XXX. Adjournment
President Linger declared the meeting adjourned at 5:58 p.m.
Minutes approved by the Board on February 13, 2013.
______________________________________________
L. Wade Linger Jr., President
______________________________________________
Robert W. Dunlevy, Secretary
Minutes were recorded by
Virginia M. Harris
Secretary to the Board
WVBEMinutes1/9/13