MINUTES
WEST VIRGINIA BOARD OF EDUCATION
Board Conference Room
Capitol Building 6, Room 353
1900 Kanawha Boulevard, East
Charleston, West Virginia
February 12, 2014
I.
Call to Order
Following the welcome, Pledge of Allegiance and introductions, President Gayle C.
Manchin called the meeting of the West Virginia Board of Education (WVBE) to order at 10:03
a.m. on February 12, 2014, 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.
Recognitions
The Board recognized Ms. Gabrielle Rhodes, teacher at Union Elementary (Upshur
County) and Ms. Barbra Black, teaching principal at Hometown Elementary (Putnam County),
recipients of 2012 Presidential Awards for Excellence in Mathematics and Science Teaching.
III.
Delegations
Mr. Bill Rosenberger (distributed information), Communications Coordinator, Wayne
County Schools, addressed the Board regarding a regional CTE Expo organized by Wayne
County Schools to take place later this month in Huntington. Mr. Randall Patterson (distributed
information), citizen of Fayette County, questioned the status of the Fayette County
Comprehensive Educational Facilities Plan and addressed the Board regarding Meadow Bridge
area schools. Ms. Carolyn Arritt (distributed remarks), citizen of Fayette County, addressed the
Board regarding a number of Fayette County education concerns. (Copies appended to Official
Minutes, Attachment S.)
IV.
Approval of Agenda
President Manchin called for a motion to approve the agenda. Mr. Campbell requested
that Consent Agenda item C.1. County Plans to Eliminate Deficits: Approval of the Submitted
Plans for the Calhoun, Clay, Grant, Mingo, Preston, Randolph, and Webster County School
Systems be removed and taken up for discussion purposes. President Manchin noted that item
-2IX. Overview of Governor's 2014 Education Agenda (Senate Bill 409) will be taken upon at
11:00 a.m. and New Business item E. WVBE Personnel inclusive of Executive Director for
RESA 5 Search Update, Hiring of a Staff Attorney to the WVBE, Recommended Termination of
Employment of an Employee at the West Virginia Schools for the Deaf and the Blind, and
Update on State Superintendent Search will be taken up at 1:00 p.m.
Dr. White moved that the agenda be approved as amended. Mr. Campbell seconded the
motion and upon the call for the question the motion was carried unanimously.
V.
Simulated Workplace Presentation by Students
Dr. Kathy J. D'Antoni (distributed information), Associate State Superintendent, Division
of Technical and Adult Education, Mr. Clinton Burch, Coordinator, and Dr. Sherri Nash,
Executive Director, WVDE Office of Career and Technical Accountability and Support,
provided an overview of the simulated workplace initiative and introduced a delegation of
students (Blake Roberts, James Collie, Alex Wellman, Adriana Halcomb, Reece Messer, and
Nicholas Caudill) from the Rebel Construction Company (Tolsia High School, Wayne County)
who shared a brief presentation/video of their experiences and thoughts on the Simulated
Workplace. Mr. Hugh Roberts, teacher, also addressed the Board regarding the benefit to
student participating in the simulated workplace; Ms. Sandra Pertee, Director of
Career/Technical Education, Wayne County Schools, was also in attendance for the presentation.
(Copy appended to Official Minutes, Attachment T.)
VI.
Overview of Governor's 2014 Education Agenda (Senate Bill 409)
Ms. Hallie S. Mason, Director of Public Policy, Office of the Governor, provided an
overview of Governor Tomblin's 2014 education agenda (Senate Bill 409). (Copy of Senate Bill
409 attached to Official Minutes, Attachment U.)
VII.
Update - WVBE Wellness Committee
President Manchin, chair of the WVBE's Wellness Committee, provided an update of
committee activities and coordinated proactive health (nutrition and activity) initiatives taking
place in schools across the state.
VIII.
Digital Learning Day
Mr. Green provided information regarding Digital Learning Day (February 5) activities.
IX.
Update - WVBE Response to Governor's Education Agenda
Ms. Peduto provided opening remarks and requested Mr. Campbell to provide the WVBE
Commission on School District Governance and Administration's revised recommendation for
funding flexibility.
-3X.
WVBE Commission on School District Governance and
Administration Revised Recommendation for Funding Flexibility
Mr. Campbell, assisted by Mr. William Smith, Superintendent of Cabell County Schools,
Mr. J. P. Mowery, Treasurer, Pendleton County Schools Treasurer, and Mr. Doug McClure,
Treasurer, Greenbrier County Schools, presented the commission's recommendation (below) for
funding flexibility for the Board's consideration.
The Commission recommends giving school boards flexibility with using up to
10% of Public School Support Program funds (also called State Aid/State Aid to
Schools/State Aid to Counties funding) and by giving authority to school boards
to submit data to the State Superintendent determining which areas the funds
should be reallocated to address identified district and school needs.
Following discussion it was the consensus of the Board that the recommendation be
presented, in a letter from President Manchin, to the Governor and legislative leadership.
XI.
Update - WVBE Response to Governor's Education Agenda (Continued)
President Manchin, Ms. Peduto (via PowerPoint presentation, updated implementation
chart, and implementation timeline - attached to minutes), and members of the Board, provided
an update regarding progress toward accomplishing the Governor's education reform agenda
including the key provisions of the Governor's request of the WVBE; using RESAs more
efficiently (Mr. Linger); investigate Project 24 (Mr. Green); utilizing cross counseling;
Preparation for Tomorrow; teacher certification/teacher preparation (President Manchin);
professional development to support reading on grade level by the end of the third grade
(President Manchin); professional development so support reading on grade level by the end of
the third grade (Mr. Jackson); early literacy to support reading on grade level of the end of the
third grade; leadership capacity development; Re-imagining Instructional Time (Dr. White); and
accountability and accreditation. (Copy appended to Official Minutes, Attachment V.)
XII.
Chancellor Reports
Chancellor Skidmore (distributed information) and Chancellor Hill provided information
regarding The College Foundation of West Virginia's Middle School Outreach initiative. (Copy
appended to Official Minutes, Attachment W.)
XIII.
Break
President Manchin called for a break for lunch at 12:25 p.m.
XIV.
Call to Order
President Manchin called the meeting back to order at 1:04 p.m.
-4XV.
WVBE Personnel inclusive of Executive Director for
RESA 5 Search Update, Hiring of a Staff Attorney to the WVBE,
Recommended Termination of Employment of an Employee at the
West Virginia Schools for the Deaf and the Blind,
and Update on State Superintendent Search
Dr. J. Patrick Law, Superintendent of Wood County Schools, provided an update
regarding the RESA 5 Executive Director search and reported that the position will be
re-advertised later this year and that the current interim Executive Director will remain in the
position.
President Manchin asked the West Virginia Schools for the Deaf and the Blind employee
if she wished her hearing to be held in open or closed session. At the request of the employee
that the hearing be held in closed session, President Manchin requested a motion, 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], to enter
into executive session.
Mr. Campbell moved, 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], 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 1:08 p.m.
XVI.
Return from Executive Session
Dr. White moved that the Board return from Executive Session with no action taken.
Mr. Campbell seconded the motion and upon the call of the question the motion was carried
unanimously. The Board returned from Executive Session at 2:18 p.m.
President Manchin called for a motion to approve the Board's personnel attachment.
Mr. Jackson moved that the Board's personnel attachment 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 Q.)
President Manchin called for a motion to hire a staff attorney to the WVBE. Mr. Jackson
moved that Mary Catherine Fink, Esq., be hired as the Board's staff attorney at an annual salary
of $87,062.00. Mr. Linger seconded the motion and upon the call for the question the motion
was carried unanimously.
President Manchin called for a motion regarding the recommended termination of
employment of an employee at the West Virginia Schools for the Deaf and the Blind. Mr.
Jackson moved that the Board concur with the hearing officer's decision in the termination of
employment of Ms. Duncan. Dr. White seconded the motion and upon the call for the question
the motion was carried unanimously.
-5XVII.
RESA Liaison Report
Ms. Jane Lynch (distributed information), Executive Director of RESA 8 and WVBE
RESA Liaison, provided a report regarding a number of ongoing initiatives. (Copy appended to
Official Minutes, Attachment X.)
XVIII.
Capacity Building for Priority Schools and Intervention Counties
Mr. Ted Mattern, System Support Liaison, Office of the State Superintendent, provided
information regarding support services provided to selected priority schools and the intervention
counties.
XIX.
Status of Mingo County Progress Addressing OEPA Recommendations
Found in the September 2013 Audit Report of Mingo County Schools
Executive Session
Mr. Randy Keathley, Superintendent of Mingo County Schools, provided a status report
of progress made in addressing OEPA recommendations found in the September 2013 Audit
Report of Mingo County Schools.
Mr. Green 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, W. Va. Code §6-9A-4(b)(2)(B)(9), "To consider matters involving or
affecting the purchase, sale or lease of property, advance construction planning, the investment
of public funds, etc.", and W. Va. Code §6-9A-4(b)(2)(A), "Matters arising from the
appointment, employment, retirement, promotion, transfer, demotion, disciplining, resignation,
discharge, dismissal or compensation of a public officer or employee, or prospective public
officer or employee unless the public officer or employee or prospective public officer or
employee requests an open meeting" 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 2:48 p.m.
XX.
Return from Executive Session
Mr. Linger moved that the Board return from Executive Session. Dr. White seconded the
motion and upon the call of the question the motion was carried unanimously. The Board
returned from Executive Session at 3:15 p.m. at which time President Manchin announced that
no action was taken.
XXI.
Superintendent Reports
Superintendent Phares (via PowerPoint presentation), assisted by staff as noted, provided
the following reports: 1) follow-up on emergency closures due to the water emergency;
2) education, workforce and economic development; 2) A-F grading system (Mr. Robert E. Hull,
Associate Superintendent, Division of Teaching and Learning); 3) LOCEA response (Mr.
Charles K. Heinlein, Deputy State Superintendent-distributed information); 4) SLDS legislation
-6(Ms. Heather Hutchens, General Counsel, WVDE Office of Legal Services); 5) report on House
and Senate education reform bills (Ms. Hutchens); 6) SIF Action Plan (Mr. Sterling Beane, Chief
Technology Officer); 7) Number of High School Equivalency Diplomas Earned in OIEP Schools
(Dr. D'Antoni); 8) FTE by County (Mr. Joe Panetta, Assistant Superintendent, Division of
Student Support Systems-distributed information); 9) Information regarding Fayette County
CEFP (Mr. Heinlein), 10) AP Report to the Nation, and 11) STEM Report (Mr. Hull). (Copy
appended to Official Minutes, Attachment A and addenda.)
XXII.
County Plans to Eliminate Financial Deficits: Approval of
the Submitted Plans for the Calhoun, Clay, Grant, Mingo, Preston,
Randolph, and Webster County School Systems
Mr. Campbell requested clarification regarding reason the plans are necessary and the
request for approval. Dr. Gus Penix, Director, Office of Education Performance Audits,
addressed the Board regarding the questions posed by Mr. Campbell.
Following discussions, Mr. Campbell moved that the plans specifying strategies for
eliminating the deficit fund balances for Calhoun, Clay, Grant, Mingo, Preston, Randolph, and
Webster county school systems 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 K.)
XXIII.
Consent Agenda
Dr. White moved that the Consent Agenda be approved as previously amended. Mr.
Campbell 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 minutes of January 8, 2014 (Attachment B)

Received information regarding WVDE Personnel Matters (Attachment C)

Approved Gilmer County Comprehensive Education Facilities Plan amendment
and closure of Glenville Elementary, Normantown Elementary, Sand Fork
Elementary and Troy Elementary (Attachment D)

Approved an amendment to the Monongalia County Comprehensive
Educational Facilities Plan to include the construction of a new Suncrest
Elementary School which will replace the existing Suncrest Primary School
(Attachment E)

Approved an amendment to the Raleigh County Comprehensive Educational
Facilities Plan to include the renovation of schools throughout the county
which will include: security entrance enhancement at Liberty and Independence
High Schools, HVAC upgrades at Crescent and Mabscott Elementary Schools,
increase of scope and /or cost updates to New Lester, Crab Orchard,
-7Sophia/Soak Creek Elementary Schools and Shady Spring High School, and
also new physical education space at Beckley Elementary. This amendment
also includes the construction of a new Stratton Elementary School building
(Attachment F)
XXIV.

Approved one request for a continuation waiver of WVBE policy (Attachment
G)

Approved Employment of Substitute Teachers in Areas of Critical Need
policies for Barbour, Hardy, Raleigh, Webster and Wirt County Schools
(Attachment H)

Approved Policy 2515, Uniform Grading with an effective date of July 1, 2014
(Attachment I)

Approved Policy 2315, Comprehensive School Counseling Programs for
placement on comment for 30 days (Attachment J).
Individual School Education Performance Audit Report
for Eastern Greenbrier Middle School, Greenbrier County
Dr. Penix reported that an announced on-site review (five days in advance) was
conducted at Eastern Greenbrier Middle School December 18, 2013.
Upon the recommendation of Dr. Penix, Mr. Campbell moved that the Board direct
Eastern Greenbrier Middle School to revise the school’s Five-Year Strategic Plan within 30 days
and correct the findings noted in the report by the next accreditation cycle. Dr. White seconded
the motion and upon the call for the question the motion was carried unanimously. (Copy
appended to Office Minutes, Attachment L.)
XXV.
Individual School Education Performance Audit Report
for Greenwood Elementary School, Morgan County
Dr. Penix reported that an announced on-site review (five days in advance) was
conducted at Greenwood Elementary School November 20, 2013.
Upon the recommendation of Dr. Penix, Mr. Jackson moved that the Board direct
Greenwood Elementary School to revise the school’s Five-Year Strategic Plan within 30 days
and correct the findings noted in the report by the next accreditation cycle. Mr. Campbell
seconded the motion and upon the call for the question the motion was carried unanimously.
(Copy appended to Office Minutes, Attachment M.)
XXVI.
Morgan County - Elimination of County Salary Supplements
Mr. Panetta presented the Morgan County Board of Education's request for the
elimination of county salary supplements for the Board's consideration. As the result of the
defeat of its excess levy that is scheduled to expire on June 30, 2014, the Morgan County Board
-8of Education has submitted a request for the State Board to approve the reduction of local funds
being allocated for salaries and, therefore, eliminate the payment of the county board’s current
salary supplements that are being paid to professional and service personnel, to be effective
July 1, 2014. The special election was held on May 13, 2013 with the votes for the levy being
1,329 and the votes against the levy being 1,674. The current county salary supplement paid to
professional educators employed for the minimum 200-day employment term ranges from an
annual amount of $3,786 for a professional educator with a baccalaureate degree and zero years
of experience to $4,783 for a professional educator with a doctorate degree and 35 years of
experience. The current salary supplement being paid to service personnel employed for the
minimum 200-day employment term ranges from an annual amount of $1,777 for an employee
paid at Pay Grade A and zero years of experience to $2,000 for an employee paid at Pay Grade H
and 40 years of experience.
Mr. Dunlevy moved that Morgan County Board of Education’s request to reduce the
amount of local funds allocated for salary supplements and, therefore, eliminate the payment of
all current salary supplements paid to professional and service personnel 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 Mc.)
XXVII.
Policy 2510, Assuring the Quality of Education:
Regulations for Education Programs
Mr. Hull distributed a proposed amendment and presented Policy 2510 for the Board's
consideration. In December, the WVBE placed Policy 2510 on comment for a period of 30 days.
The new policy reflects necessary changes to provide West Virginia students with a personalized
learning experience at all programmatic levels. Other changes included the realignment of
policy structure and language to reflect current WVBE policies and recommendations outlined in
S.B. 359. Following the comment period it was requested that the definition of work day that
was removed be restored to the glossary.
Mr. Jackson moved that the proposed changes to Policy 2510 be accepted and be placed
on public for an additional 30 days. Mr. Linger seconded the motion and upon the call for the
question the motion was carried unanimously. (Copy appended to Official Minutes, Attachments
N-1, N-2 and addendum.)
XXVIII.
Mingo County - Sale of Modular Building and
Sale of Property to Pierce Hardy Limited Partnership
Ms. Hutchens presented Mingo County's proposed sale of a modular building and sale of
property to the Pierce Hardy Limited partnership for the Board's consideration.
Ms. Hutchens reported that the Mingo County Board of Education has a modular building
which has been unused for many years and needs to be removed from the Board’s property. The
county proposes to donate the building to a charitable organization, Coalfield Community Action
Partnership, Inc. through the attached Bill of Sale without warranty and all risk of moving and
-9use of same with the purchaser. This proposal is in accordance with WVBE Policy 8200,
Purchasing Policies and Procedures Manual for Local Educational Agencies.
Mr. Jackson moved that the Mingo County Board of Education be allowed to donate the
modular building to the Coalfield Community Action Partnership, Inc. and that the State
Superintendent of Schools execute a Bill of Sale as designee for the WVBE. Dr. White seconded
the motion and upon the call for the question the motion was carried unanimously. Mr.
Campbell departed the meeting. (Copy appended to Official Minutes, Attachment O-1.)
Ms. Hutchens reported that the WVBE, at its November 13, 2013 meeting, authorized
the public auction of .52 acres-surface only - where the former Chattaroy Bus Garage was
located, setting a minimum bid of $50,000. A public auction was held on January 9, 2014 at
2:00 p.m. after a Notice of Sale was published once each week for two successive weeks. The
Pierce Hardy Limited Partnership, operating the adjacent 84 Lumber Company store, was the
sole bidder at $50,000.
Dr. White moved that the sale of the .52 acre property on which the former Chattaroy Bus
Garage was located to the successful bidder and that the attached Deed be executed by State
Superintendent of Schools as designee for the WVBE 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 O-2.)
XXIX.
Fayette County - Sale of Triangular Excess Strip of Property
Adjoining Maintenance Building
Ms. Hutchens presented the Fayette County Board of Education's proposed sale of a
triangular excess strip of property of the Board's consideration. The Fayette County Board of
Education (FCBE) sought the WVBE's approval to auction a triangular piece of property,
approximately .10 acres, behind a FCBE maintenance building between Maple and Fayette
Avenues. It is a part of a 2.158 acre tract that is for surface rights only and has no reversionary
clause in the deed. The piece of property is not needed for education purposes.
Mr. Linger moved that the resolution authorizing the FCBE to conduct a public action of
a triangular piece of property behind the FCBE maintenance building between Maple and
Fayette Avenues, under the conditions stated in the attachment, be approved. Mr. Dunlevy
seconded the motion and upon the call for the question the motion was carried unanimously.
(Copy appended to Official Minutes, Attachment P.)
XXX.
Legislative Update
President Manchin reminded members that the legislative update was provided earlier in
the meeting.
- 10 XXXI.
Board Items for Future Consideration
President Manchin requested members advise her of items to be placed on the February
agenda. Dr. White requested that an item be placed on a future agenda regarding NASBE
activities and initiatives. President Manchin indicated a visit to Mingo County is being planned
for Fall 2014 (Copy appended to Official Minutes, Attachment R.)
XXXII.
Future Meetings
The next regular meeting of the WVBE will be held March 12, 2014, in Charleston, West
Virginia. President Manchin announced that a two-day workshop is being planned for the
WVBE to participate in self-evaluation.
XXXIII.
Adjournment
Mr. Dunlevy moved that the meeting be adjourned. Mr. Linger seconded the motion and
upon the call for the question the motion was carried unanimously. The meeting was adjourned
at 5:14 p.m.
Minutes approved by the Board on March 12, 2014.
______________________________________________
Gayle C. Manchin, President
______________________________________________
Robert W. Dunlevy, Secretary
Minutes were recorded by
Virginia M. Harris
Secretary to the Board
WVBEMinutes2/12/14