MINUTES WEST VIRGINIA BOARD OF EDUCATION Board Conference Room Capitol Building 6, Room 353 1900 Kanawha Boulevard, East Charleston, West Virginia May 14, 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 May 14, 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 (joined the meeting during Chancellor Reports), 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. Recognition The Board recognized Ms. Debra Meador, teacher of reading and mathematics for grades 7-9, at Independence Middle School (Raleigh County), as the recipient of the 2014 Paul J. Morris Character Education of the Year. III. Delegations Mr. Doug Lambert, Superintendent, Pendleton County Schools, on the behalf of the West Virginia Association of School Administrators, addressed the Board regarding WVSSAC proposed rule changes. Ms. Christine Campbell (distributed information), President, AFT-West Virginia, addressed the Board regarding Policy 5310. Mr. Dale Lee, President, West Virginia Education Association, addressed the Board regarding Policy 5310 and the employment of child care workers at the West Virginia Schools for the Deaf and the Blind. (Copy appended to Official Minutes, Attachment Y.) IV. Approval of Agenda President Manchin called for a motion to approve the agenda with the following modifications: the National Commission on Teaching & America's Future (NCTAF) presentation would begin at 11 a.m. and action regarding Policy 2320 would be delayed until Mr. Jackson's arrival. -2Dr. White moved that the agenda be approved as modified. Mrs. Combs seconded the motion and upon the call for the question the motion was carried unanimously. V. Update - WVBE Response to Governor's Education Agenda, WVBE Commission on School District Governance and Administration, and National Commission on Teaching & America's Future (NCTAF) Professional Development Recommendations Ms. Donna Hoylman Peduto, WVBE Director of Operations, provided opening remarks and introduced Mr. Campbell who provided information regarding the WVBE Commission on School District Governance and Administration's May 2 meeting. Ms. Peduto (via PowerPoint presentation and implementation chart attached to minutes), members of the Board, WVDE staff and others, provided an update regarding progress toward accomplishing the Governor's education agenda including the key provisions of the Governor's request of the WVBE; Commission on School District Governance and Administration (Mr. Campbell); Superintendent Phares departed the meeting; Project 24 (Mr. Green, Mr. Sterling Beane, WVDE Chief Technology Officer, and Mr. Chip Slaven, Alliance for Excellent Education); require every career center to add at least one career pathway to meet SREB requirements for Preparation for Tomorrow; use RESAs more efficiently for cooperative purchasing and local and regional professional development delivery; utilize cross counseling (Mr. Linger, Chancellor Skidmore, and President Manchin); teacher certification/teacher preparation (President Manchin); professional development (President Manchin introduced Dr. Tom Carroll (appeared via videoconference and provided a PowerPoint presentation that is attached to minutes), President Emeritus, National Commission on Teaching & America's Future, who provided professional development recommendations for the Board's consideration); early literacy to support reading on grade level by end of third grade; accountability and accreditation/West Virginia school grading model; and, WVBE Re-imagining Instructional Time Committee (Dr. White). (Copies appended to Official Minutes, Attachment Z.) VI. Chancellor Reports Chancellor Hill provided comments regarding increasing the number of college graduates in the workforce, STEM camps, arts camps, recognized President Manchin and Mr. Jackson regarding their assistance with the CAEP standards, and spoke to statewide collaborative education efforts. Chancellor Skidmore presented a PowerPoint presentation entitled "Developmental Education Reform" and stated that CTE has revised the early entrance policy, approved new fees and a waiver of fees for disadvantaged students. Superintendent Phares rejoined the meeting. Mr. Jackson joined the meeting. (PowerPoint presentation attached to Official Minutes, Attachment AA.) VII. RESA Liaison Report Ms. Jane Lynch, Executive Director of RESA 8 and WVBE RESA Liaison, provided a report regarding a number of RESA initiatives. Ms. Lynch recognized Executive Directors Kelly Watts (RESA 3), Gabe Devono (RESA 7) and Robin Lewis (RESA 1) who were in attendance. -3- VIII. Break President Manchin called for a break for lunch at 12:01 p.m. IX. Call to Order President Manchin called the meeting back to order at 12:52 p.m. X. Superintendent Reports Superintendent Phares requested Mr. Jack Wiseman, Executive Director of West Virginia Partnerships to Assure Student Success (WVPASS), Department of Education and the Arts, address the Board regarding WVPASS initiatives. Superintendent Phares (via PowerPoint presentation and with the assistance of WVDE staff), provided the following reports: 1) 2013 NAEP results (Mr. Juan D'Brot, Executive Director, WVDE Office of Assessment and Accountability), 2) Policy 2510 - changes in WVBE waivers due to local policy development (dual and embedded credit) (Mr. Robert E. Hull/distributed information, Associate Superintendent, Division of Teaching and Learning, and Dr. Kathy D'Antoni, Associate Superintendent, Division of Technical and Adult Education), 3) college and career readiness (Mr. Hull and Dr. D'Antoni/distributed information), 4) SREB initiatives (Dr. D'Antoni/distributed information), and 5) secondlaunchWV (Mr. Beane). (Copies appended to Official Minutes, Attachment BB.) XI. 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 to the intervention counties. Chancellor Skidmore departed the meeting. XII. Consent Agenda Mr. Dunlevy moved that the Consent Agenda be approved. Mr. Campbell 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 April 9, 2014 (Attachment A) Approved Follow-Up Education Performance Audit Report for the Monroe County Vocational/Technical Center, Monroe County (Attachment B) Received information regarding WVDE Personnel Matters (Attachment C) -4- XIII. Elected Tina H. Combs to complete the unexpired term of Michael I. Green as a member of the School Building Authority of West Virginia Authorized RESA 1 Executive Director, Dr. Robin Lewis, to execute the quitclaim deed which will transfer the former Social Security Administration Building, located on North Kanawha Street in Beckley, to RESA 1 (Attachment D) Approved Policy 2423, Health Promotion and Disease Control, with an effective date of July 1, 2014 (Attachments E-1 and E-2) Repealed Policy 2520.1, 21st Century Reading and English Language Arts Content Standards and Objectives in West Virginia Schools, effective June 30, 2014 (Attachment F) Approved Policy 2520.161, Next Generation Alternate Academic Achievement Standards for English Language Arts, for placement on public comment for 30 days (Attachment G) Approved Policy 2520.162, Next Generation Alternate Academic Achievement Standards for Mathematics, for placement on public comment for 30 days (Attachment H) Approved Policy 1471, Education in West Virginia’s Correctional Institutions: Mission and Goals, for placement on public comment for 30 days (Attachment I) Approved Policy 4334, West Virginia Minimum Requirements for Design and Equipment of School Buses, for placement on public comment for 30 days (Attachment J). Office of Education Performance Audits (OEPA) Director’s Information Dr. Gus Penix, Director, OEPA, introduced Dr. Donna Davis, Deputy Director, OEPA, who presented audit reports for the Board's consideration. XIV. Initial Education Performance Audit Report for H. E. White Elementary School, Clay County Dr. Davis presented the Initial Education Performance Audit Report for H. E. White Elementary School, Clay County, for the Board's consideration. An announced on-site review (five days in advance) was conducted at H. E. White Elementary School March 12, 2014. Upon recommendation of the OEPA, Mr. Jackson moved that H. E. White Elementary School and Clay County revise the school’s Five-Year Strategic Plan within 30 days and correct the findings noted in the reports by the next accreditation cycle. Mrs. Combs seconded the -5motion and upon the call for the question the motion was carried unanimously. (Copy appended to Official Minutes, Attachment K.) XV. Initial Education Performance Audit Reports for Paden City Elementary School, Short Line School, and Hundred High School, Wetzel County Dr. Davis presented the Initial Education Performance Audit Reports for Paden City Elementary School, Short Line School, and Hundred High School, Wetzel County, for the Board's consideration. Announced on-site reviews (five days in advance) were conducted at Paden City Elementary School, Short Line Elementary School, and Hundred High School March 5-11, 2014. Upon recommendation of the OEPA, Mr. Linger moved that Paden City Elementary School, Short Line School, Hundred High School and Wetzel County revise the schools’ FiveYear 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 L.) XVI. Education Performance Audit Report for Logan County Dr. Penix (distributed report) reported that an Education Performance Audit of the Logan County School District was conducted at the specific direction of the WVBE. This report describes the Education Performance Audit Team’s assessment of the Logan County School District. Dr. Penix recommended that the WVBE approve the report and direct the Logan County School System to revise the county’s Five-Year Strategic Plan within 30 days and the county be given a January 15, 2015, Date Certain to correct the deficiencies in the report. Dr. Penix further stated that should progress not occur, as verified by a follow-up Education Performance Audit, the WVBE has the authority to issue Nonapproval status with the ensuing consequences pursuant to W. Va. Code §18-2E-5. Dr. Davis provided an overview of the audit report for Logan Senior High School. Dr. Penix provided the following recommendation for the Board's consideration: the OEPA recommends that the WVBE approve the report and direct the Logan County School System to revise the county's Five-Year Strategic Plan within 30 days and the county be given a January 15, 2015, Date Certain to correct the deficiencies in the report. If progress does not occur, as verified by a follow-up Education Performance Audit, the WVBE has the authority to issue Nonapproval status with the ensuing consequences pursuant to W. Va. Code §18-2E-5. Further, the OEPA recommends that the WVBE direct Logan Senior High 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. Ms. Phyllis Doty, Superintendent, Logan County Schools, and Ms. Phyllis Adkins, President, Logan County Board of Education, addressed the Board regarding the audit report. Upon recommendation of the OPEA, Dr. White moved that the report be approved and that the Logan County School System be directed to revise the county’s Five-Year Strategic Plan within 30 days and the county be given a January 15, 2015, Date Certain to correct the deficiencies in the report. If progress does not occur, as verified by a follow-up Education -6Performance Audit, the WVBE has the authority to issue Nonapproval status with the ensuing consequences pursuant to W. Va. Code §18-2E-5. Further, that Logan Senior High School be directed 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 M.) XVII. Policy 2320, A Process for Improving Education: Performance Based Accreditation System Dr. Penix (distributed proposed amendments and policy) 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. Minor changes were made to the policy as a result of comments received during the public comment period that ended on May 12. Upon recommendation of the OEPA, Mr. Jackson moved that Policy 2320 be approved with an effective date of July 1, 2014. Mr. Green seconded the motion and upon the call for the question the motion was carried with seven members voting yes and one member, Dr. White, voting no. (Copy appended to Official Minutes, Attachment Mc.) XVIII. Break President Manchin called for a break at 3:29 p.m. XIX. Call to Order President Manchin called the meeting back to order at 3:44 p.m. XX. West Virginia Secondary School Activities Commission (WVSSAC) Series 1, 2, 3 and 7 Mr. Gary Ray, Executive Director, West Virginia Secondary School Activities Commission (WVSSAC), presented WVSSAC Series 1, 2, 3, and 7 for the Board's consideration. Seven proposals are submitted to the WVBE by the WVSSAC for consideration: 1) to allow for an orientation period for a newly elected Board Member; 2) to provide for the Semester and Season Rule dealing with students retained without failing; 3) to allow member school staff to communicate with students at their feeder school program;4) to allow the participation of more student athletes in multiple sports; 5) to make rule congruous with rule 127-3-10.1 that passed in 2011-12; 6) to bring starting date for middle school soccer in line with other middle school sports; and 7) the Officials’ Handbook is not a rule promulgated by the -7WVSSAC and is never considered by the Board of Control or the WVBE and should be repealed. Mr. Dunlevy moved that Series 1, Series 2 and Series 3 (with the exception Proposal 4, §127-3-7. Out-of-Season Coaching), be placed on public comment for 30 days. Mr. Jackson seconded the motion and upon the call for the question the motion was carried unanimously. (Copy appended to Official Minutes, Attachment N-1, N-2 and N-3.) Upon recommendation of the WVSSAC, Mr. Dunlevy moved that Series 7, Officials' Handbook be repealed. Mr. Jackson seconded the motion and upon the call for the question the motion was carried unanimously. (Copy appended to Official Minutes, Attachment N-4.) XXI. Policy 2510, Assuring the Quality of Education: Regulations for Education Programs Mr. Hull (distributed information), presented Policy 2510 for the Board's consideration. Revisions of Policy 2510 were recommended to reflect the changes necessary to provide West Virginia students with a personalized learning experience at all programmatic levels. Minor changes were proposed at the April WVBE meeting to align the language with Policy 2320 requiring sections 11, 12 and 13 to be placed on public comment. The public comment period for Policy 2510 ended May 12, 2014. Dr. White moved that Policy 2510 be approved with an effective date of July 1, 2014. Mr. Linger seconded the motion and upon the call for the question the motion was carried unanimously. (Copy appended to Official Minutes, Attachment O.) XXII. Policy 2419, Regulations for the Education of Students with Exceptionalities Mr. Hull (distributed information) presented Policy 2419 for the Board's consideration. Policy 2419 establishes the regulations for compliance with the federal Individuals with Disabilities Education Improvement Act of 2004 (IDEA 2004), and W. Va. Code, Chapter 18, Article 20 regarding provision of services to students with exceptionalities. The policy is formatted to include the West Virginia Procedures Manual for the Education of Students with Exceptionalities. Policy 2419 is being revised to address state code requirements, IDEA, WVBE and WVDE initiatives, the Sunrise Board of Examiners Speech-Language Pathology and Audiology Evaluation Overview recommendations and clarifications of existing policy. To comply with federal requirements, the policy must be published for public review and comment for 60 days. Public hearings will be conducted during the comment period. Ms. Ghaski Browning, Assistant Director, WVDE Office of Special Programs, addressed questions regarding the proposed policy amendments. Mrs. Combs moved that Policy 2419 be placed on public comment for 60 days. Mr. Dunlevy seconded the motion and upon the call for the question the motion was carried unanimously. (Copy appended to Official Minutes, Attachment P-1 and P-2 and addendum.) -8XXIII. Policy 2425, Community Schools: Promoting Health, Safety, Well-Being and Academic Success of Students Mr. Hull, assisted by Ms. Paula Fields, Coordinator, WVDE Office of Special Programs, presented Policy 2425 for the Board's consideration. Policy 2425 is a proposed policy which is to provide a framework for schools as they work to address the complex needs of students. The policy has been prepared for county boards to embrace without required mandates. It is recognized that schools cannot be expected to meet the multifaceted needs of students alone, and successful schools recognize the importance of partnering with other organizations to ensure that students' needs are addressed and preparing them to be healthy and ready to learn. Dr. White moved that Policy 2425 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 Q.) XXIV. Policy 1340, Rules and Procedure for Administrative Hearings and Appeals Ms. Heather Hutchens, WVDE General Counsel, presented Policy 1340 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; 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; and clarifying that the State Superintendent may initiate a revocation proceeding involving an educator’s whose certificate or permit has expired Policy 5050 is also being submitted to the WVBE to align with these policy revisions. Mr. Jackson departed the meeting. Dr. White moved that Policy 1340 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 R.) XXV. Policy 5050, West Virginia Commission for Professional Teaching Standards Ms. Hutchens presented Policy 5050 for the Board's consideration. The West Virginia Commission on Professional Teaching Standards is recommending certain amendments be made to Policy 5050 to align the policy with the amendments proposed to Policy 1340 relating to reinstatement procedures. Mr. Green moved that Policy 5050 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 S.) XXVI. Policy 7211, Conflict Resolution Process for Citizens -9Ms. Hutchens presented Policy 7211 for the Board's consideration. It is proposed that Policy 7211, Appeals Procedure for Citizens, be repealed and replaced by Policy 7211, Conflict Resolution Process for Citizens, to create a streamlined and more realistic process by which members of the public who perceive that a school or school district has violated state laws or WVBE policies may discuss their claims with the school district and seek dispute resolution. The new policy eliminates the word “appeal” and substitutes “claim”; eliminates a Level 3 hearing before the county board of education; combines the pre-appeal informal conference with the Level 1 meeting; provides the claimant with the choice of a conference or a hearing before the county superintendent (similar to a Level 1 grievance proceeding); substitutes a review by the State Superintendent or designee instead of a de novo hearing; and gives the State Superintendent the discretion to speak individually with the participants, obtain documents he/she deems necessary to render a decision, and eliminate an appeal of the State Superintendent’s decision to Circuit Court. Mr. Jackson returned to the meeting. Mr. Linger moved that Policy 7211 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 T.) XXVII. Policy 5310, Performance Evaluation of School Personnel Ms. Michele Blatt (distributed policy), Assistant State Superintendent, Division of Educator Quality and System Support, presented Policy 5310 for the Board's consideration. The educator evaluation system promotes professional growth and development that advances student learning in West Virginia schools; defines and promotes high standards for performance of professional personnel; provides data that indicate the effectiveness of professional personnel; provides data for educator preparation programs to assist in identifying areas of need and in guiding program improvement; and, establishes county and school evaluation data that serve as a basis for professional development that specifically targets the area(s) identified for professional growth. Language has been revised in order to better accommodate the change in the use of student growth data; beginning in 2014-2015, fifteen (15) percent of the evaluation for RLA and Math teachers shall be based upon student growth determined by the results of the state summative assessment. Mr. Dunlevy moved that Policy 5310 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 U.) XXVIII. Fayette County - Approval of Sale of Triangular Excess Strip Adjoining Maintenance Building Ms. Hutchens presented the sale of a triangular excess strip of property adjoining a Fayette County Board of Education maintenance building for the Board's consideration. It is recommended that the sale, for $1,000, of the triangular piece of property located behind a Fayette County Board of Education maintenance building at a public auction under the terms approved by the WVBE at its February 2014 meeting, be approved. - 10 Mr. Campbell moved that the sale, for $1,000, of the triangular piece of property located behind a Fayette County Board of Education maintenance building at a public auction under the terms approved by the WVBE at its February 2014 meeting, be approved. Mrs. Combs seconded the motion and upon the call for the question the motion was carried unanimously. (Copy appended to Official Minutes, Attachment V.) XXIX. WVBE Personnel inclusive of Termination of Employment of Part-time Employee at RESA 3, Process for Employment of Executive Director for RESA 7, Waiver of WVBE Policy 3233, Establishment and Operation of Regional Education Service Agencies (RESAs), Hiring of Executive Director of RESA 5, and Update on State Superintendent Search Mr. J. Patrick Law, Superintendent of Wood County Schools, and Chair of the RESA 5 Regional Council, presented Joseph R. Oliverio as the RESA 5 Regional Council's recommendation for employment as the Executive Director of RESA 5 effective July 1, 2014, at an annual salary of $94,832.00. Dr. White moved that Joseph R. Oliverio be employed as the Executive Director of RESA 5, effective July 1, 2014, at an annual salary of $94,832.00. Mr. Dunlevy seconded the motion and upon the call for the question the motion was carried unanimously. Ms. Mary Catherine Funk, WVBE General Counsel, requested a motion to approve the process for employment of an Executive Director of for RESA 7 and a waiver of Policy 3233 at Sections 3.2 through 3.5. Mr. Green moved that the process for employment of an Executive Director of for RESA 7, and a waiver of Policy 3233 at Sections 3.2 through 3.5, be approved. Mr. Linger seconded the motion and upon the call for the question the motion was carried unanimously. Ms. Funk requested a motion to approve the Board's personnel attachment inclusive of the termination of employment of a part-time employee at RESA 3. Mr. Linger moved that the personnel attachment, inclusive of the termination of employment of a part-time employee at RESA 3, 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 W.) Superintendent Phares requested Mr. Gabriel Devono address the Board regarding his employment as Superintendent of Gilmer County Schools. Superintendent Search - No information was provided. XXX. Items for Future Consideration Ms. Peduto provided information regarding the May 15 HQE committee meeting, a June 5 Board meeting at Stonewall and a June 6 professional development session lead by ARCC on reflective school leadership. Mr. Jackson requested that President Manchin be granted authority to provide a letter to Governor Tomblin regarding time/time management. It was the consensus of the Board that President Manchin be granted authority to write said letter. The - 11 May interim schedule was discussed and it was noted that the WVDE will provide information to LOCEA on May 21. Dr. White addressed the Board regarding School Building Authority matters. Future agenda items are to be provided to President Manchin. (Copy appended to Official Minutes, Attachment X.) XXXI. Future Meetings The next regular meeting of the WVBE will be held June 11, 2014, in Charleston, West Virginia. The meeting will continue on June 12, 2014, if the agenda is not completed on June 11, 2014. President Manchin reminded members of the June 5 Board meeting and June 6 professional development session to be delivered and hosted by ARCC at Stonewall. XXXII. Adjournment President Manchin declared the meeting adjourned at 4:33 p.m. Minutes approved by the Board on June 11, 2014. ______________________________________________ Gayle C. Manchin, President ______________________________________________ Robert W. Dunlevy, Secretary Minutes were recorded by Virginia M. Harris Secretary to the Board WVBEMinutes5/14/14