MINUTES WEST VIRGINIA BOARD OF EDUCATION Capitol Building 7, Capitol Room 1900 Kanawha Boulevard, East Charleston, West Virginia December 10, 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 10:10 a.m. on December 10, 2014, in the Capitol Room, Capitol Building 7, 1900 Kanawha Boulevard, East, Charleston, West Virginia. The following members were present: President Manchin, Vice President Michael I. Green, Secretary Tina H. Combs, Thomas W. Campbell, Robert W. Dunlevy, Lloyd G. Jackson II, L. Wade Linger Jr., and William M. White, and ex officios Michael J. Martirano, 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 Woodsdale Elementary (Ohio County) and C. W. Shipley Elementary (Jefferson County) as 2014-2015 National Blue Ribbon Schools. III. Delegations Mr. Geoff Heeter and Mr. Randall Patterson (distributed information), citizens of Fayette County, addressed the Board regarding the Fayette County Comprehensive Educational Facilities Plan (CEFP). Mr. Dale Lee (distributed information), West Virginia Education Association, addressed the Board regarding the WVEA's competitive pay campaign for teacher and education support professionals. (Copies appended to Official Minutes, Attachment BB.) IV. Approval of Agenda President Manchin requested that item X. A. West Virginia Schools for the Deaf and the Blind Strategic Plan be removed from the agenda, noted that New Business item F. WVBE Personnel Matters inclusive of Update and Discussion with Counsel regarding Pending Legal Matters including Marple vs. West Virginia Board of Education and White vs. Randolph County would be taken up at 3:00 p.m., and called for a motion to approve the amended agenda. Dr. White moved that the agenda, as amended, be approved. Mr. Dunlevy seconded the motion and upon the call for the question the motion was carried unanimously. -2V. Superintendent's Report Superintendent Martirano (presentation and items distributed attached), assisted by individuals as listed, provided an update on reform efforts in the West Virginia Department of Education highlighting Next Generation Content Standards and Objectives - assisting with the presentation were Ms. Teresa Hammond/WVDE, Ms. Juanita Spinks/Greenbrier County, and Ms. Gail Adams/Ohio County); SMARTER Balanced (West Virginia's Assessment) - assisting with the presentation was Ms. Wendy Imperial/Harrison County; Educator Evaluation - assisting with the presentation were Ms. Christine Campbell/AFT-WV and Mr. Dale Lee/WVEA; and the A-F Grading System/OEPA - assisting with the presentation were Ms. Susan O'Brien/OEPA, Mr. Terry George/Randolph County, and Mr. Justin Raber/WVPTA. Chancellor Skidmore departed the meeting. (Copies appended to Official Minutes, Attachment CC.) VI. Break President Manchin called for a break for lunch at 12:20 p.m. VII. Call to Order President Manchin called the meeting back to order at 1:11 p.m. and requested that the remaining item under the Superintendent's Report (WVDE Personnel Matters) be taken up during the executive session for WVBE personnel and legal matters. Dr. White moved approval of the adjustment to the agenda. Mr. Campbell seconded the motion and upon the call for the question the motion was carried unanimously. VIII. Update - WVBE Response to Governor's Education Agenda Ms. Donna Hoylman Peduto (distributed information), WVBE Director of Operations, provided an update regarding progress toward accomplishing the Governor's education agenda including the key provisions of the Governor's request of the WVBE. (Copies appended to Official Minutes, Attachment DD.) WVBE Commission on School District Governance and Administration Regional Model Recommendations. Mr. Campbell provided information regarding the Commission's regional model recommendations. WVBE Finance Committee. Mr. Campbell (distributed information - see Attachment DD), assisted by Mr. Joe Panetta, Assistant State Superintendent, Division of Student Support Services, provided a report on the behalf of the Finance Committee specifically counties in deficit, plans to elimination the deficit, and monitoring by the WVDE. WVBE Re-imagining Instructional Time Committee Recommendation for Pilot Initiative. Dr. White (distributed information), assisted by Mr. Panetta, Mr. Clayton Burch, Interim Associate State Superintendent, Division of Teaching and Learning, and Ms. Betty Jo Jordan, Executive Assistant to the State Superintendent, presented the Re-imagining Instructional Time Committee's recommendation for a pilot initiative for the Board's consideration. Following -3discussion, Dr. White moved that the Board support a pilot initiative where selected counties will re-imagine the instructional day inclusive of the waiver of WVBE Policy 2510, Section 7.2.d.3.). Mrs. Combs seconded the motion and upon the call for the question the motion was carried unanimously. (Copy appended to Official Minutes, Attachment B.) IX. Chancellor Reports Chancellor Hill addressed the Board regarding the amendment of the HEPC's rule (Series 17) regarding the transferability of college credits and agreements across institutions. X. WVBE Coordinator of Board Agencies Report Mr. Jason L. Butcher, WVBE Coordinator of Board Agencies, assisted by Mr. Jacob Green, Special Assistant, WVDE Office of Institutional Education Programs, provided updates regarding WVBE agencies. XI. WVBE RESA Liaison Report Ms. Kelly Watts, Executive Director, RESA 3, provided a report regarding catalyst schools in RESAs 2 and 3. XII. 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 Logan County and priority schools. (Copy appended to Official Minutes, Attachment C.) Dr. Serena Starcher (distributed information), Superintendent, Fayette County Schools, provided a status report regarding Fayette County Comprehensive Facilities Plan (CEFP) deliberations and requested an amendment to the 2010-2020 CEFP to include the Major Improvement Project that is before the School Building Authority that will replace Ansted Middle School's heating and ventilation system, including replacement of the coal fired boiler. Dr. White moved that the amendment to the 2010-2020 Fayette County CEFP, to replace Ansted Middle School's heating and ventilation system, including replacement of the coal fired boiler, 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 D and addendum.) XIII. Fayette County Community Participation Resolution Heather Hutchens, General Counsel to the WVDE, presented a grant from the West Virginia Development Office to purchase sports equipment for the boys and girls high school basketball team the Board's consideration. A resolution is required of the WVBE to support this grant provision. -4Mr. Dunlevy moved that the resolution to accept the $10,000 grant from the West Virginia Development Office for the purchase sports equipment for the boys and girls basketball teams at Fayetteville High School in Fayette County 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 E.) XIV. Consent Agenda Mr. Campbell moved that the Consent Agenda, as previously amended, be approved. Mr. Linger seconded the motion and upon the call for the question the motion was carried unanimously. (Copies appended to Official Minutes, Attachments F through T.) Approved minutes of November 12, 2014 (Attachment F) Received 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 Logan and Ritchie County Schools (Attachment G) Approved amendment of the Berkeley County Comprehensive Educational Facilities Plan (2010-2020) to construct the addition of six new classrooms at Potomack Intermediate School due to the increased enrollment (Attachment H) Approved amendment of the Braxton County Comprehensive Educational Facilities Plan (2010-2020) to include HVAC renovations at Braxton County Middle School (Attachment I) Approved amendment of the Gilmer County Comprehensive Educational Facilities Plan (2010-2020) to include the replacement of HVAC units and improvements at Gilmer County High School (Attachment J) Approved amendment of the Hampshire County Comprehensive Educational Facilities Plan (2010-2020) to include an addition for Springfield Green Spring Elementary School (Attachment K) Approved amendment of the Logan County Comprehensive Educational Facilities Plan (2010-2020) to include the addition of a gymnasium at Holden Elementary School instead of a multi-purpose room identified in the current CEFP and that the West Chapmanville Elementary School be changed to grades 2-4 instead of grades 3-4 and West Elementary School be changed to grades PK-1 instead of PK-2 (Attachment L) Approved amendment of the Marion County Comprehensive Educational Facilities Plan (2010-2020) to include major renovations at the Marion County Technical Center (Attachment M) -5- XV. Approved amendment of the Morgan County Comprehensive Educational Facilities Plan (2010-2020) to include the installation of HVAC systems, ceiling tile and lighting improvement at Berkeley Springs High School (Attachment Mc) Approved amendment of the Preston County Comprehensive Educational Facilities Plan (2010-2020) to include the replacement of HVAC units and improvements to the vocational school at the Comprehensive Preston High School (Attachment N) Approved amendment of the Putnam County Comprehensive Educational Facilities Plan (2010-2020) to include the addition of three new standard classrooms, one computer lab and a set of restrooms at West Teays Elementary School to alleviate overcrowding problems in the existing building (Attachment O) Approved amendment of the Upshur County Comprehensive Educational Facilities Plan (2010-2020) to include changing the grade configuration from 5-8 to 6-8 and the construction of a new 6-8 middle school with additions and renovations at all of the elementary schools and the high school (Attachment P) Approved amendment of the South Branch Career and Technical Center Comprehensive Educational Facilities Plan (2010-2020) to include renovations to the welding shop, increased campus security measures and additional campus safety measures (Attachment Q) Received the 2014 Elementary and Middle School Alternative Education Pilot Project Legislative Report (Attachment R) Withdrew Policy 4110, Attendance, from public comment Placed Policy 2520.13, Next Generation Standards for Career and Technical Education in West Virginia Schools on comment for 30 days (Attachment S) Approved Policy 1471, Education in West Virginia's Correctional Institutions: Mission and Goals (Attachment T). WVBE Personnel Matters inclusive of Update and Discussion with Counsel regarding Pending Legal Matters including Marple vs. West Virginia Board of Education and White vs. Randolph County Board of Education, et al. and Superintendent's Report (Continued) President Manchin requested a motion to enter into executive session to discuss WVDE and WVBE personnel matters. Mr. Campbell moved, as provided in W. Va. Code §6-9A-4(b)(2)(A) [personnel exception] for WVDE and WVBE personnel matters, and §6-9A-4 -6[matters involving attorney-client privilege per Peters v. County Commission, 205 W. Va. 481 (1999)] for WVBE legal matters, that the Board enter into executive session. Mrs. Combs seconded the motion and upon the call for the question the motion was carried unanimously. The Board moved into executive session at 3:20 p.m. Chancellor Hill departed the meeting. Mr. Campbell and Mrs. Combs departed executive session at 3:38 p.m. and re-entered executive session at 3:52 p.m. XVI. Return from Executive Session Mr. Dunlevy moved that the Board return from executive session. Mr. Green seconded the motion and upon the call for the question the motion was carried unanimously. The Board returned from executive session at 4:29 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. Mr. Dunlevy seconded the motion and upon the call for the question the motion was carried unanimously. (Copy appended to Official Minutes, Attachment Z.) XVII. Office of Education Performance Audits (OEPA) Director’s Information Ms. Susan O'Brien, Director, Office of Education Performance Audits, provided brief remarks regarding her various experiences and how they will complement her work and reported that the OEPA has completed RESA 7 visits; are completing RESA 6 visits; RESA 2 visits begin January 12; January Team Leadership Training is planned for January 7-8; and regular monthly meetings with Superintendent Martirano are scheduled through December 2015. XVIII. Policy 2520.3C, Next Generation Science Content Standards and Objectives for West Virginia Schools Mr. Dewayne Duncan, Executive Director, WVDE Office of Secondary Learning, presented Policy 2520.3C for the Board's consideration. In October, WVBE placed Policy 2520.3C on comment for a period of 30 days. Fifty-five separate comments were received from fifty-one individuals. The comments resulted in no changes to the intent of the proposed NxG Science CSOs; however, one copy and paste error and three typographical errors were corrected. Mr. Dunlevy moved that Policy 2520.3C be approved effective July 1, 2016. Mr. Linger seconded the motion and upon the call for the question the motion was carried unanimously. (Copies appended to Official Minutes, Attachment U-1 and U-2.) XIX. Amendment - Cedar Lakes Conference Center Comprehensive Educational Facilities Plan (2010-2020) Mr. Panetta, assisted by Dr. Kathy D'Antoni, Associate State Superintendent, Division of Technical, Adult and Institutional Education, and, Mr. Adam Canter, General Manager, Cedar Lakes Conference Center, presented the amendment of the Cedar Lakes Conference Center -7Comprehensive Educational Facilities Plan (2010-2020) for the Board's consideration. The Cedar Lakes Conference Center requests an amendment to its 2010-2020 Ten Year Comprehensive Educational Facilities Plan (CEFP) to include the replacement of the dry fire suppression system with a wet fire suppression system per the recommendation of the Board of Risk and Insurance Management (BRIM). This amendment will allow this multi-county facility to offer programs in an environment that meets current codes and standards. Mr. Linger moved that the amendment to the ten year CEFP for Cedar Lakes Conference Center 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.) XX. Innovation Zone Recommendations Ms. Blatt (distributed information) presented a second round of Innovation Zone awards for the Board's consideration. 2014-2015 Innovation Zone awards were approved at the October WVBE meeting. As funds remained following the initial approval of awards; a second round of applications were accepted through December 1, 2014. Mr. Green moved that the second round of Innovation Zone awards for 2014-2015 (as found in the attachment) 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 W.) XXI. Policy 3233, Establishment and Operation of Regional Education Service Agencies Ms. Mary Catherine Funk, General Counsel to the WVBE, presented Policy 3233 for the Board's consideration. Revisions to Policy 3233 include clarification of composition of RESAs and responsibilities of each RESA. The role of the WVBE as a supervising entity is strengthened. Duties and responsibilities of regional councils are outlined, specifically as to personnel oversight and evaluation of executive directors. This strengthened policy allows RESAs to effectuate both their original intent and increase economic sustainability to foster enhanced programming. Students will continue to benefit from RESA services, including increased programmatic offering and improved educator services supported by professional development initiatives. Twenty-nine individuals provided comments during the comment period resulting in one change to the policy. Mr. Jackson moved that Policy 3233 be approved as amended. Mrs. Combs seconded the motion and upon the call for the question the motion was carried unanimously. (Copies appended to Official Minutes, Attachment X-1 and X-2.) XXII. Medicaid Reimbursement Status Report to the West Virginia Board of Education FY14 Ms. Ghaski Browning, Assistant Director, Ms. Vickie Mohnacky, Medicaid Specialist/Coordinator, WVDE Office of Special Programs, Mr. Butcher and Ms. Funk presented -8the FY14 Medicaid Status Report for the Board's information. W. Va. Code §18-2-5b authorizes the WVBE to be a Medicaid provider for the purpose of providing school-based Medicaid and related services to students with disabilities who are eligible for Medicaid and special education services under the Individuals with Disabilities Education Act (IDEA). Since 1990, the WVDE has implemented this reimbursement program through the county school districts and RESAs. A report for the FY-14 Medicaid reimbursement is provided for informational purposes. These funds provide additional financial resources for the county school district educational services. Discussion ensued regarding billing and the cost to the counties. The costs incurred by Braxton County for Medicaid billing will be brought before the Board for informational purposes at a future meeting. (Copy appended to Official Minutes, Attachment Y.) XXIII. Items for Future Consideration President Manchin requested that future agenda items be provided to her as soon as possible. (Copy appended to Official Minutes, Attachment AA.) XXIV. Future Meetings The next regular meeting of the WVBE will be held January 14, 2015, in Charleston, West Virginia. The meeting will continue on January 15, 2015, if the agenda is not completed on January 14, 2015. XXV. Adjournment Mr. Campbell moved that the meeting be adjourned. Mr. Green seconded the motion and upon the call for the question the motions was carried unanimously. The meeting was adjourned at 5:22 p.m. Minutes approved by the Board on January 14, 2015. ______________________________________________ Gayle C. Manchin, President ______________________________________________ Tina H. Combs, Secretary Minutes were recorded by Virginia M. Harris Secretary to the Board WVBEMinutes12/10/14