MINUTES
WEST VIRGINIA BOARD OF EDUCATION
Mingo Central High School
1000 King Coal Highway
Delbarton, West Virginia
November 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 10:18
a.m. on November 12, 2014, in the auditorium at Mingo Central High School, 1000 King Coal
Highway, Delbarton, West Virginia.
The following members were present: President Manchin, Thomas W. Campbell, Lloyd
G. Jackson II, L. Wade Linger Jr., and William M. White, and ex officio Michael J. Martirano,
State Superintendent of Schools. Members absent were Michael I. Green, Tina H Combs, and
Robert W. Dunlevy, and 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.
II.
Delegations
Mr. William Duty (provided information for the record), citizen of Mingo County,
addressed the Board regarding the Mingo County audit report; Ms. Carolyn Arritt (distributed
information), citizen of Fayette County, addressed the Board regarding Fayette County
transportation times and consolidation; and, Ms. Patsy Holliday, member of the Fayette County
Board of Education, addressed the Board regarding her participation in a West Virginia School
Board Association meeting and attendance at a number of other meetings. (Copies appended to
Official Minutes, Attachment Q.)
III.
Welcome
Dr. Robert Bobbera, Superintendent of Mingo County Schools, assisted by Mr. Bruce
Gibson, Mingo Central High School Student Body President, welcomed the Board to Mingo
County.
IV.
Approval of Agenda
President Manchin requested that Consent Agenda item 6. Policy 4110, Attendance be
removed from the agenda and called for a motion to approve the amended agenda. Mr.
Campbell moved that the amended agenda be approved. Mr. Linger seconded the motion and
upon the call for the question the motion was carried unanimously.
V.
Office of Education Performance Audits (OEPA) Director's Information
Dr. Gus Penix, Interim Director, OEPA, reported that audits of all RESA 7
counties/school have been completed and audits are underway in RESA 6.
-2VI.
Mingo County School System Education Performance Audit Report
Dr. Penix (distributed information) reported that the OEPA conducted a specific review
of the Mingo County Board of Education, according to guidelines specified in W. Va. Code
§18-2E-5, to assess the board’s progress in transacting meetings, adhering to WVBE policies,
and demonstrating willingness to manage the affairs of the Mingo County school district in a
fiscally responsible, ethical, and legal manner. This Education Performance Audit was conducted
October 10, 2014, to examine the board’s leadership in the aforementioned areas and to assess if
the Mingo County Board of Education has developed the capacity to regain local control.
The Office of Education Performance Audits recommended that the West Virginia Board
of Education return local control of the county school system to the Mingo County Board of
Education effective December 1, 2014, subject to the following conditions: That,
1.
The current superintendent remain in the position until June 30, 2017, unless the
superintendent and the Mingo County Board of Education agree mutually to terminate the
contract.
2.
Transition to local control be provisional for two years.
3.
Transfer of control of the following areas to the Mingo County Board of Education be
executed with a Memorandum of Understanding between the West Virginia Board of
Education and the Mingo County Board of Education.
a.
b.
c.
d.
e.
f.
g.
h.
Finance.
Personnel.
The establishment and operation of a school calendar.
Instructional programs.
Policy development.
Facilities.
Transportation.
All other decision-making authorities of the local board of education according to
statutory provisions and West Virginia Board of Education policies.
Dr. Penix noted that, according to the new Policy 2320 (effective July 1, 2014), school
system approval status (Full, Temporary, or Conditional) is tied to grades of schools (A-F)
within the school system. Since grades will not be issued until the fall of 2015, at which time all
school systems will receive their first approval status under the new accreditation system, it is
not necessary to issue an approval status in this report. Superintendent Bobbera addressed the
Board regarding the audit reports and recommendations. Members of the Mingo County Board
of Education addressed the Board regarding the return of control.
Upon the recommendation of the OEPA, Dr. White moved that the return local control of
the county school system to the Mingo County Board of Education be granted effective
December 1, 2014, subject to the conditions as listed by OEPA. Mr. Linger seconded the motion
and upon the call for the question the motion was carried unanimously. (Copy appended to
Official Minutes, Attachment A and addendum.)
-3Dr. Penix addressed the Board on the occasion of his retirement as Director of the OEPA.
Members of the Board thanked Dr. Penix for service to the Board and students of West Virginia.
VII.
Update - WVBE Response to Governor's Education Agenda
Ms. Donna Hoylman Peduto (distributed information), WVBE Director of Operations,
members of the Board, and WVDE staff, provided an update (PowerPoint presentation attached)
regarding progress toward accomplishing the Governor's education agenda including the key
provisions of the Governor's request of the WVBE and requested Mr. Campbell present the
Report of the WVBE Commission on School District Governance and Administration.
Mr. Campbell (distributed information) presented the Commission's report for the Board's
consideration and noted that the Commission will meet December 3 to take up RESA
realignment; both the report and RESA realignment will be brought before the Board for
approval at a future meeting for submission to Governor Tomblin. Following discussion, Mr.
Linger moved that the report 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.
The update continued with Project 24; require every career center to add at least one
career pathway to meet SREB requirements for Preparation for Tomorrow; use RESAs more
efficiently for local/regional professional development and cooperative purchasing; teacher
evaluation/teacher preparation (President Manchin and Mr. Jackson); professional development;
leadership capacity development (Mr. Jackson); early literacy to support reading on grade level
by end of third grade; college and career readiness; accountability and accreditation; and,
re-imagining instructional time (Dr. White). (Copies appended to Official Minutes, Attachment
R.)
VIII.
Superintendent's Report
Update on Preston County Superintendency. Superintendent Martirano reported that
Mr. Rick Hicks has resigned as Superintendent of Preston County Schools effective
December 31, 2014, and working cooperatively with the Preston County Board of Education,
Stephen Wotring will be appointed to replace Mr. Hicks to a term ending July 1, 2016.
ACT Benchmark Increase. Ms. Betty Jo Jordan (distributed information), Executive
Assistant to the State Superintendent, provided information regarding ACT benchmark increases.
(Copy appended to Official Minutes, Attachment S.)
IX.
Chancellor Report
Chancellor Hill and Chancellor Skidmore were unable to attend the meeting.
X.
WVBE Coordinator of Board Agencies Report and RESA Liaison Report
Mr. Jason L. Butcher, WVBE Coordinator of Board Agencies, provided a report
regarding his work with WVBE agencies.
-4XI.
RESA Liaison Report
Dr. Dee Cockrille, Executive Director of RESA 2, provided a report on the behalf of
RESAs.
XII.
Capacity Building for Priority Schools and Intervention Counties
Mr. Ted Mattern, System Support Liaison, Office of the State Superintendent, provided a
status report regarding intervention counties Logan and Preston, as well as priority schools
Hampshire High School and Union Educational Complex.
Improving Secondary Education in Fayette County.
Dr. Serena Starcher,
Superintendent of Fayette County Schools, provided an overview of the Improving Secondary
Education Programs study. (Copy appended to Official Minutes, Attachment C.)
XIII.
Recess
President Manchin requested a motion to recess for lunch. Dr. White moved that the
meeting recess for lunch. Mr. Campbell seconded the motion and upon the call for the question
the motion was carried unanimously. The meeting recessed for lunch at 12:04 p.m.
XIV.
Call to Order
President Manchin called the meeting back to order at 1:13 p.m.
XV.
Consent Agenda
Mr. Linger requested Consent Agenda Routine Business item B.7. Official State Multiple
List of Instructional Materials for English Language Arts K-12, Health/Wellness K-12,
Mathematics K-8 Off-Cycle, and Social Studies K-12 Off-Cycle be removed for discussion and
that the Consent Agenda, as amended, 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 D through I.)

Approved minutes of October 8, 2014 (Attachment D)

Received information regarding WVDE Personnel Matters (Attachment E)

Notification, per W. Va. Code §18A-4-7a(l)(3), Transfer of Person Employed in
a Professional Position after the Twentieth Day Prior to the Beginning of the
Instructional Term, from Ohio County Schools (Attachment F)

Approved one request for continuation of a waiver of WVBE policy
(Attachment G)

Approved an amendment to the Greenbrier County Ten Year 2010-2020
Comprehensive Educational Facilities Plan (CEFP) to allow a request for
-5funding from the School Building Authority in a Major Improvement Plan
(MIP) application (Attachment H)

XVI.
Approved Policy 2340, West Virginia Measures of Academic Progress
(Attachments I-1 and I-2).
Official State Multiple List of Instructional Materials
for English Language Arts K-12, Health/Wellness K-12,
Mathematics K-8 Off-Cycle, and Social Studies K-12 Off-Cycle
Mr. Linger requested clarification regarding the criteria for the selection of
instructional materials. Mr. Clayton Burch (distributed information), Interim Associate
State Superintendent, Division of Teaching and Learning, provided information regarding
the instructional materials selection process and specific criteria that may need to be added
to address Mr. Linger's concerns regarding the appropriateness of instructional materials
selected for adoption. Mr. Burch, in consultation with other WVDE staff, will consult with
the Board regarding next steps.
Mr. Linger moved that the Official State Multiple List of Instructional Materials for
English Language Arts K-12, Health/Wellness K-12, Mathematics K-8 Off-Cycle, and
Social Studies K-12 Off-Cycle 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 K and addendum.)
Link to Official State Multiple List:
http://wveis.k12.wv.us/nclb/Materials/public14private/Mainmenu.cfm?CFID=20160575&
CFTOKEN=46892676&jsessionid=84302ea4f0fa5f2b8bf11e7b717269493474),
XVII.
Consideration of Approval of the Sale,
by the Board of Education of Gilmer County,
the Property Known as the Site for the Cedar Creek Elementary School
AND Consideration of Approval of the Purchase of Property
by Gilmer County Board of Education (Grantee)
from the Morris Foundation (Grantor)
Ms. Heather Hutchens, General Counsel to the WVDE, presented the sale of the property
known as the “Cedar Creek Site” (sold at public auction on October 23, 2014 to Waco Oil and
Gas Company, Inc.) for the sum of $400,000 and the purchase of property by Gilmer County
Board of Education (Grantee) from the Morris Foundation (Grantor) for the sum of Ten Dollars
($10.00) for the Board's consideration.
President Manchin called a motions regarding Gilmer County's request for the sale and
purchase of real property.
Dr. White moved that the sale of the Cedar Creek property, as contained in the attached
property description, to Waco Oil and Gas Company incorporated for the sum of four hundred
thousand dollars ($400,000) 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 L.)
-6Mr. Campbell moved that the purchase of the property in the Hayes City Addition to the
City of Glenville, by the Gilmer County Board of Education for the sum of ten dollars ($10.00)
from the Morris Foundation 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 M.)
XVIII.
RESA Personnel Manual
Ms. Mary Catherine Funk, General Counsel to the WVBE, presented the RESA
personnel manual for the Board's consideration. The personnel manual is to be used consistently
across all RESAs. Ms. Funk requested that the document be approved with the removal of
language regarding reduction-in-force.
Mr. Jackson moved that the RESA personnel manual be approved with the requested
modification for implementation January 1, 2015. Mr. Linger seconded the motion and upon the
call for the question the motion was carried unanimously. (Copy appended to Official Minutes,
Attachment Mc.)
XIX.
Appointments to WVBE Statutory Units/Liaisons/
Presidential Committees 2014-2015
No action is required regarding this item until such time as the Governor appoints new
members to the Board. (Copy appended to Official Minutes, Attachment N.)
XX.
WVBE Personnel Matters inclusive of Termination of
Employment of a RESA 4 Employee, Extension of
Employment Term of Interim Director of the
Office of Education Performance Audits, and Employment
of Director of the Office of Education Performance Audits
President Manchin indicated that an executive session was required as provided in
W. Va. Code §6-9A-4(b)(2)(A) [personnel exception] and/or §6-9A-4 [matters involving
attorney-client privilege per Peters v. County Commission, 205 W. Va. 481 (1999)] and called
for a motion to enter into executive session. Dr. White moved that the Board enter into
executive session. Mr. Linger seconded the motion and upon the call for the question the motion
was carried unanimously. The Board moved into executive session at 1:41 p.m.
XXI.
Return from Executive Session
Dr. White moved that the Board return from executive session. Mr. Campbell
seconded the motion and upon the call for the question the motion was carried unanimously.
The Board returned from executive session at 2: 14 p.m. at which time President Manchin
announced that no action was taken or decisions were made.
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 O.)
-7Mr. Linger moved to extend Dr. Gus Penix's employment term as Interim Director of the
Office of Education Performance Audits, retroactive November 1, 2014 and until November 30,
2014, at his current salary. Mr. Campbell seconded the motion and upon the call for the question
the motion was carried unanimously.
Mr. Linger moved to employ Dr. Gus Penix in a consultant capacity, at his current salary,
from December 1, 2014, until the new OEPA Director has fully transitioned. Dr. White
seconded the motion and upon the call for the question the motion was carried unanimously.
Mr. Linger moved that Ms. Susan O'Brien, be hired as the Director of the Office of
Education Performance Audits, effective December 1, 2014, at an annual salary of $120,000.
Mr. Jackson seconded the motion and upon the call for the question the motion was carried
unanimously.
President Manchin called for a motion regarding the resignation of Mr. Dana E. Thomas
Jr., an employee at RESA 4. Mr. Linger moved that Mr. Dana E. Thomas Jr.'s resignation be
accepted. Mr. Campbell seconded the motion and upon the call for the question the motion was
carried unanimously.
XXII.
Items for Future Consideration
President Manchin requested that future agenda items be provided to her as soon as
possible. Dr. White provided comments regarding the NASBE Conference. Dates for are under
consideration for a training session. (Copy appended to Official Minutes, Attachment P.)
XXIII.
Future Meetings
The next regular meeting of the WVBE will be held December 10, 2014, in Charleston,
West Virginia. The meeting will continue on December 11, 2014, if the agenda is not completed
on December 10, 2014.
XXIV.
Adjournment
President Manchin declared the meeting adjourned at 2:23 p.m.
Minutes approved by the Board on December 10, 2014.
______________________________________________
Gayle C. Manchin, President
______________________________________________
Tina H. Combs, Secretary
Minutes were recorded by
Virginia M. Harris
Secretary to the Board
WVBEMinutes11/12/14