MINUTES
WEST VIRGINIA BOARD OF EDUCATION
Board Conference Room
Capitol Building 6, Room 353
1900 Kanawha Boulevard, East
Charleston, West Virginia
April 9, 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 April 9, 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, Thomas W. Campbell, Tina H. Combs, Lloyd G.
Jackson II, L. Wade Linger Jr., and William M. White, and ex officios 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.
II.
Delegations
Ms. Carolyn Arritt (provided remarks for the minutes), citizen of Fayette County,
addressed the Board regarding staff transfers, the Common Core curriculum, and a newspaper
article regarding Meadow Bridge school funding. Mr. Dale Lee, President, West Virginia
Education Association, addressed the Board regarding Senate Bill 477 (teacher planning
periods). (Copy appended to Official Minutes, Attachment Z.)
III.
Approval of Agenda
President Manchin called for a motion to approve the agenda with the following
modifications: move the hiring of the coordinator portion of New Business item G. WVBE
Personnel inclusive of Termination of Employment of a RESA 5 Employee, Hiring of a
Coordinator of WVBE Agencies, and Update on State on State Superintendent Search to take
place at 3:00 p.m. today; move OEPA item B. Selection of Schools and County School Systems
for Education Performance Audits to follow item I. Education Performance Audit Report for
Beckley Center - Juvenile Institutional Education Program; and move the Chancellor Reports to
follow the Superintendent Reports.
Mrs. Combs moved that the agenda be approved as modified. Dr. White seconded the
motion and upon the call for the question the motion was carried unanimously.
-2IV.
Update - WVBE Response to Governor's Education Agenda,
WVBE Commission on School District Governance and Administration,
and National Association of State Boards of Education Stipend Award
Ms. Peduto provided opening remarks and introduced Mr. Campbell who provided
information regarding the WVBE Commission on School District Governance and
Administration's March 27-28 meeting.
Ms. Peduto (via PowerPoint presentation and implementation chart attached to minutes),
and members of the Board, provided an update regarding progress toward accomplishing the
Governor's education agenda including the key provisions of the Governor's request of the
WVBE; using RESAs more efficiently; investigate Project 24 (Mr. Green assisted by Mr.
Sterling P. Beane, Jr., WVDE Chief Technology Officer, who provided an online class session
demonstration); utilizing cross counseling; teacher certification/teacher preparation; professional
development (Mr. Jackson); early literacy to support reading on grade level of the end of the
third grade (President Manchin); accountability and accreditation; and Re-imagining
Instructional Time (Dr. White and Mrs. Combs). President Manchin (assisted by Ms. Peduto)
provided information regarding the receipt of a National Association of State Boards of
Education stipend/grant award for four projects. (Copy appended to Official Minutes,
Attachment AA.)
V.
RESA Liaison Report
Ms. Jane Lynch, Executive Director of RESA 8 and WVBE RESA Liaison, provided a
report regarding a number of RESA initiatives.
VI.
Superintendent Reports
Superintendent Phares (via PowerPoint presentation), provided the following reports: 1)
NAEP 2013 Grade 12 (information remains embargoed and will be provided at the May WVBE
meeting), 2) 2014 legislative session, and 3) report on NGA's America Works Conference.
(Copy appended to Official Minutes, Attachment BB.)
VII.
Chancellor Reports
Chancellor Skidmore (distributed information) presented a document entitled Career
Pathway Programs of Study Secondary/Postsecondary Transitioning of Students Status Report
and Recommendations for the Board's information. Chancellor Hill was unable to attend the
meeting. (Copy appended to Official Minutes, Attachment CC.)
VIII.
Break
President Manchin called for a break for lunch at 11:58 a.m.
-3IX.
Call to Order
President Manchin called the meeting back to order at 12:55 p.m.
X.
Capacity Building for Priority Schools and Intervention Counties
Ms. Michele Blatt, Assistant State Superintendent, Division of Educator Quality and
System Support, provided information regarding support services provided to selected priority
schools. Mr. Ted Mattern, System Support Liaison, Office of the State Superintendent, provided
information regarding support services provided the intervention counties.
XI.
Consent Agenda
Mrs. Combs 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 J.)

Approved minutes of March 12, 2014 (Attachment A)

Approved Follow-Up Education Performance Audit Reports for Maysville
Elementary School, Petersburg Elementary School, Petersburg High School,
and Union Educational Complex, Grant County (Attachment B)

Approved Follow-Up Education Performance Audit Reports for Duval PK-8,
Hamlin PK-8, Harts PK-8, Midway Elementary School, Ranger Elementary
School, Guyan Valley Middle School, and Lincoln County High School,
Lincoln County (Attachment C)

Received information regarding WVDE Personnel Matters (Attachment D and
addendum)

Approved two new requests for waivers of WVBE policy and two requests for
continuation of waivers of WVBE policy (Attachment E)

Approved Employment of Substitute Teachers in Areas of Critical Need policy
for Cabell and Hampshire County Schools (Attachment F)

Approved Policy 2315, Comprehensive School Counseling Programs with an
effective date of July 1, 2014 (Attachments G-1 and G-2)

Approved the revised educator preparation program for Wellness PreK-Adult
submitted by Marshall University (Attachment H)

Approved the addition of Putnam County Schools as a participant in West
Virginia State University's approved Teacher-in-Residence Program
(Attachment I)
-4
XII.
Received the 2013-14 Personnel Data Report (Attachment J).
Office of Education Performance Audits (OEPA) Director’s Information
Dr. Gus Penix, Director, OEPA, provided an update regarding work on Policy 2320 (to
be presented later in the agenda).
XIII.
Initial Education Performance Audit Report for
Ripley Elementary School, Jackson County
Dr. Donna Davis, Deputy Director, OEPA, presented the Initial Education Performance
Audit Report for Ripley Elementary School, Jackson County, for the Board's consideration. An
announced on-site review (five days in advance) was conducted at Ripley Elementary School
February 27, 2014.
Upon recommendation of the OEPA, Mr. Dunlevy moved that Ripley 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. Mrs. Combs seconded the motion and upon the call
for the question the motion was carried unanimously. (Copy appended to Official Minutes,
Attachment K.)
XIV.
Initial Education Performance Audit Report for
Moundsville Middle School, Marshall County
Dr. Davis presented the Initial Education Performance Audit Report for Moundsville
Middle School, Marshall County, for the Board's consideration. An announced on-site review
(five days in advance) was conducted at Moundsville Middle School March 5-6, 2014.
Upon recommendation of the OEPA, Mr. Linger moved that Moundsville Middle Scholl
and Marshall County 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
Official Minutes, Attachment L.)
XV.
Initial Education Performance Audit Report for
Nicholas County High School, Nicholas County
Dr. Davis presented the Initial Education Performance Audit Report for Nicholas County
High School, Nicholas County, for the Board's consideration. An announced on-site review (five
days in advance) was conducted at Nicholas County High School February 11, 2014. An
announced on-site review (five days in advance) was conducted at Nicholas County High School
February 11, 2014.
Upon recommendation of the OPEA, Mr. Linger moved that Nicholas County High
School and Nicholas County 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. Dunlevy seconded
-5the motion and upon the call for the question the motion was carried unanimously. (Copy
appended to Official Minutes, Attachment M.)
XVI.
Initial Education Performance Audit Report for
Pleasants County Middle School, Pleasants County
Dr. Davis presented the Initial Education Performance Audit Report for Pleasants County
Middle School, Pleasants County, for the Board's consideration. An announced on-site review
(five days in advance) was conducted at Pleasants County Middle School February 11, 2014.
Upon recommendation of the OEPA, Mr. Dunlevy moved that Pleasants County Middle
School and Pleasants County 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. Mrs. Combs seconded the
motion and upon the call for the question the motion was carried unanimously. (Copy appended
to Official Minutes, Attachment Mc.)
XVII.
Initial Education Performance Audit Reports for
Fairplains Elementary School and Van Devender Middle School, Wood County
Dr. Davis presented the Initial Education Performance Audit Reports for Fairplains
Elementary School and Van Devender Middle School, Wood County, for the Board's
consideration. Announced on-site reviews (five days in advance) were conducted at Fairplains
Elementary School and Van Devender Middle School February 12, 2014.
Upon recommendation of the OEPA, Dr. White moved that Fairplains Elementary
School, Van Devender Middle School, and Wood County to revise the schools’ Five-Year
Strategic Plans within 30 days and correct the findings noted in the reports 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 N.)
XVIII.
Education Performance Audit Report for
Board of Child Care School – Juvenile Institutional Education Program
Dr. Davis presented the Education Performance Audit Report for Board of Child Care
School – Juvenile Institutional Education Program, for the Board's consideration. An announced
on-site review (five days in advance) was conducted at Board of Child Care School - Juvenile
Institutional Education Program, February 5, 2014. Principal Pam Abston was in attendance for
the report; no findings were reported for the school.
Upon recommendation of the OEPA, Mrs. Combs moved that the report for Board of
Child Care School – Juvenile Institutional Education Program 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 O.)
-6XIX.
Education Performance Audit Report for
Beckley Center – Juvenile Institutional Education Program
Dr. Davis presented the Education Performance Audit Report for Beckley Center –
Juvenile Institutional Education Program, for the Board's consideration. An announced on-site
review (five days in advance) was conducted at Beckley Center - Juvenile Institutional Education
Program, February 19, 2014. Principal Robert Buckland was in attendance for the report; no
findings were reported for the school.
Upon recommendation of the OEPA, Dr. White moved that the report for Beckley Center
– Juvenile Institutional Education Program 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 P.)
XX.
Selection of Schools and County School Systems
for Education Performance Audits
President Manchin, in accordance with W. Va. Code §18-2E-5(m)(1), called for a motion
to enter into executive session to discuss schools and county school systems to be subject to an
on-site review or dates for which on-site reviews will be conducted. Upon motion by Mr.
Linger, seconded by Dr. White and unanimously carried, the Board entered into executive
session at 1:27 p.m.
XXI.
Return from Executive Session
Dr. White moved that the Board return from executive session. Mrs. Combs seconded
the motion and upon the call for the question the motion was carried unanimously. The Board
returned from executive session at 1:59 p.m. at which time President Manchin reported that no
action was taken.
XXII.
Policy 2320, A Process for Improving Education:
Performance Based Accreditation System
Dr. Penix (distributed information and via PowerPoint presentation), assisted by Mr.
Robert E. Hull, Associate Superintendent, Division of Teaching and Learning, presented Policy
2320 for the Board's consideration. Policy 2320 is being repealed and replaced to address the
Legislature’s amendment of W. Va. Code §18-2E-5, by Senate Bill 359, to allow the WVBE to
establish a system to assess and weigh annual performance measures for state accreditation of
schools and approval of school systems. This system establishes a system of education
performance audits that measures the quality of education and the preparation of students based
on the annual measures of student, school, and school system performance and progress. Mr.
Jackson questioned the A through F definitions and requested alternative language be presented.
Following discussion and upon recommendation of Dr. Penix, Mr. Jackson moved that
Policy 2320 be placed on public comment for 30 days. Mrs. Combs seconded the motion and
-7upon the call for the question the motion was carried unanimously. (Copy appended to Official
Minutes, Attachment Q and addendum.)
Mr. Jackson requested that Mr. Hull provide an update regarding the requested
modifications to the A-F grading system definitions. Mr. Hull provided the following alternate
definitions:
5.2.d.1. A Schools. Schools with distinctive proficiency and growth as determined by
WVAS metrics.
5.2.d.2. B Schools. Schools with acceptable proficiency and growth as determined by
WVAS metrics.
5.2.d.3. C Schools. Schools with moderate proficiency and growth as determined by
WVAS metrics.
5.2.d.4. D Schools. Schools with low proficiency and growth as determined by WVAS
metrics.
5.2.d.5. F Schools. Schools with unacceptable proficiency and growth as determined by
WVAS metrics.
Following discussion, Mr. Jackson requested his motion be amended to place the new
A through F definitions in Policy 2320 before it is placed on comment. Mrs. Combs agreed to
the amended motion and upon the call for the question the amended motion was carried
unanimously.
XXIII.
WVBE Personnel ~ Hiring of a Coordinator of WVBE Agencies
President Manchin called for 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 to discuss the
hiring of a coordinator of WVBE agencies. Upon motion by Mrs. Combs, seconded by Mr.
Campbell and unanimously carried, the Board entered into executive session at 2:56 p.m.
XXIV.
Return from Executive Session
Mr. Dunlevy moved that the Board return from executive session. Mr. Linger seconded
the motion and upon the call for the question the motion was carried unanimously. The Board
returned from executive session at 3:26 p.m. at which time President Manchin reported that no
action was taken.
President Manchin called for a motion regarding the hiring of a coordinator of WVBE
agencies. Mrs. Combs moved that Jason L. Butcher, be hired as the coordinator of WVBE
agencies at an annual salary of $72,368.00 effective May 1, 2014. Dr. White seconded the
motion and upon the call for the question the motion was carried unanimously.
-8XXV.
Recess
President Manchin recessed the meeting at 3:38 p.m. until April 10 at 9:00 a.m. in the
same location.
XXVI.
Reconvene
President Manchin reconvened the meeting of April 9, 2014, at 9:01 a.m. on April 10,
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, Thomas W. Campbell (via telephone), Tina H. Combs (via
telephone), Lloyd G. Jackson II, L. Wade Linger Jr. 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.
XXVII.
Policy 2510, Assuring the Quality of Education:
Regulations for Education Programs
Mr. Hull (distributed information) presented Policy 2510 for the Board's consideration.
Policy 2510 was placed for an additional 30 days comment for sections 5 and 13 only due to
changes resulting from the original 30 day comment period, primarily with glossary definitions
and minor clarifications. Additional changes to Policy 2510 are now being requested to align it
with the proposed amendments to Policy 2320, A Process for Improving Education: Performance
Based Accreditation System. Mr. Hull requested that the motion reflect sections 11, 12 and 13 to
be placed on comment.
Dr. White moved that changes made to Policy 2510 as a result of the second comment
period be accepted and that Policy 2510, specifically sections 11, 12 and 13, be placed on public
comment for an additional 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
R and addendum.)
XXVIII.
Policy 2525, West Virginia's Universal Access
to a Quality Early Education System
Mr. Clayton Burch, Executive Director, WVDE Office of Early Learning, presented
Policy 2525 for the Board's consideration. Proposed revisions to Policy 2525 have been made to
address the implementation of key SB359 requirements including assistant teachers, full day,
five day programming, and the definition of school readiness. The proposed revisions include
guidelines, school readiness, county collaborative early childhood teams, eligibility and
enrollment, attendance, health and safety, curriculum and assessment, personnel, staff training,
program assessment and continuous quality improvement, finance and program oversight.
-9Mr. Dunlevy moved that the revisions to Policy 2525 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 S.)
XXIX.
Policy 1340, Rules and Procedure for
Administrative Hearings and Appeals
and
Policy 5050, West Virginia Commission for
Professional Teaching Standards
Ms. Heather Hutchens, WVDE General Counsel, presented Policy 1340 and Policy 5050
for the Board's consideration. The West Virginia Commission on Professional Teaching
Standards is recommending certain amendments be made to Policy 1340 setting out the
standards and procedures for reinstatement of a teaching certificate that has been suspended or
revoked as well as clarifying that if the Licensure Appeal Panel recommends that an application
be denied for cause, it may also recommend that the applicant meet certain requirements before
he/she files another application. Policies 5050 and 5202 are also being submitted to the Board
regarding reinstatements and certain other matters relating to the teacher disciplinary/licensing
process.
Following discussion, the Board directed that Policy 1340 and Policy 5050 be further
amended to address permanent revocation and that the policies brought before the Board for
placement on public comment at a future meeting. (Copy appended to Official Minutes,
Attachment T and Attachment U.)
XXXI.
Policy 5202, Minimum Requirements for the Licensure of
Professional/Paraprofessional Personnel & Advanced Salary Classifications
Dr. Beane, Executive Director, WVDE Office of Professional Preparation, presented
Policy 5202 for the Board's consideration. Policy 5202 has been revised to address the Governor
Tomblin’s challenge to the state board to ensure all students are reading on grade level by grade
3 by adding an Early Childhood Classroom Assistant Teacher Authorization. In addition, a
Permanent Authorization for Technology Integration Specialist (TIS) and an Initial
Authorization for Professional Accountant were added. Additional revisions were made to
clarify language regarding the waiver period; to clarify the language for certificate renewal; to
update Praxis information in Appendix B; to change the name of the Student Teacher Permit to
reflect all clinical experiences; to specify additional requirements for driver education licensure;
and to make other edits to clarify the intent of the policy. Dr. Beane and Ms. Hutchens stated,
that due to the Board's concerns with Policy 1340 and Policy 5050, sections 6.2.c through 6.2.f.
must be removed from Policy 5202 prior to its placement on public comment.
Mr. Linger moved that the revisions to Policy 5202, with the exception language found at
sections 6.2.d. through 6.2.f, 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 V.)
- 10 XXXII.
Policy 5100, Approval of Educational Personnel Preparation Programs
Ms. Blatt presented Policy 5100 for the Board's consideration. Policy 5100 has been
revised to include updated information for Praxis tests for General Science 5-Adult, Drivers
Education 9-Adult, Agriculture 5-Adult, Early Childhood Education K-4, General Science 5-9,
School Psychologist, and Speech Pathologist in Appendix E
Mr. Dunlevy moved that Policy 5100, specifically Appendix D, Appendix E, and
sections 5, 6 and 12, be placed on public comment for 30 days. Mr. Linger seconded the motion
and upon the call for the question the motion was carried unanimously. (Copy appended to
Official Minutes, Attachment W.)
XXXIII.
WVBE Personnel inclusive of Termination of Employment
of a RESA 5 Employee and Update on State Superintendent Search
President Manchin called for 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 to discuss WVBE
personnel matters.
Mr. Green 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 §6-9A4(b)(2)(A) [personnel exception], to enter into executive session to discuss WVBE personnel
matters. Dr. White seconded the motion and upon the call for the question the motion was
carried unanimously. The Board entered into executive session at 9:57 a.m.
XXXIV.
Return from Executive Session
Mr. Linger moved that the Board return from executive session. Mr. Dunlevy seconded
the motion and upon the call for the question the motion was carried unanimously. The Board
returned from executive session at 11:07 a.m. at which time President Manchin reported that no
action was taken.
President Manchin called for a motion to approve the Board's personnel attachment
inclusive of the termination of employment of a RESA 5 employee and State Superintendent
Search matters. Mr. Linger moved that the Board's personnel attachment be approved inclusive
of the termination of employment of a RESA 5 employee (Mr. Linger reminded the assembly
that action regarding the Coordinator of WVBE Agencies was taken on April 9. Mr. Dunlevy
seconded the motion and upon the call for the question the motion was carried unanimously.
Mr. Jackson moved that the timeline and advertising (addendum to Attachment X) be
approved and the President be allowed to amend the timeline and advising materials as
necessary. Mr. Green seconded the motion and upon the call for the question the motion was
carried unanimously. (Copy appended to Official Minutes, Attachment X and addendum.)
- 11 XXXV.
Items for Future Consideration
Items for placement on a future agenda are to be provided to President Manchin. (Copy
appended to Official Minutes, Attachment Y.)
XXXVI.
Future Meetings
The next regular meeting of the WVBE will be held May 14, 2014, in Charleston, West
Virginia. The meeting will continue on May 15, 2014, if the agenda is not completed on April 9,
2014. President Manchin announced a meeting with the Superintendent Search Firm on June 5
and a professional development session to be delivered and hosted by ARCC at Stonewall. Dr.
White announced meetings of the WVSDB Advisory Council on April 22-24 and School
Building Authority on April 28. President Manchin announced that additional meetings will be
scheduled as necessary with regard to the Superintendent Search. Dr. White provided
information regarding the Holocaust Commission and West Virginia Public Broadcasting.
XXXVII.
Adjournment
President Manchin declared the meeting adjourned at11:57 a.m.
Minutes approved by the Board on May 14, 2014.
______________________________________________
Gayle C. Manchin, President
______________________________________________
Robert W. Dunlevy, Secretary
Minutes were recorded by
Virginia M. Harris
Secretary to the Board
WVBEMinutes4/9/14