MINUTES
WEST VIRGINIA BOARD OF EDUCATION
Capitol Building 6, Room 353
1900 Kanawha Boulevard, East
Charleston, West Virginia
April 8, 2015
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 10:05
a.m. on April 8, 2015, in Capitol Building 6, Room 353, 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, Lloyd G. Jackson II, Beverly E.
Kingery, L. Wade Linger Jr., and William M. White, and ex officio Michael J. Martirano, State
Superintendent of Schools. Members absent were: James S. Wilson 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.
Approval of Agenda
President Manchin requested the agenda be approved with the following adjustments:
1) New Business item D. WVBE Personnel Matters including Consideration of Employment
Action regarding a RESA 5 Employee be amended to defer the consideration of employment
action regarding a RESA 5 employee to a future agenda; 2) New Business item E. Policy
2520.3C be taken up on April 9; 3) item XI. Superintendent's Report be taken up prior to New
Business; and, 4) other adjustments as required during the meeting. Dr. White moved that the
agenda be approved as adjusted. Mr. Campbell seconded the motion and upon the call for the
question the motion was carried unanimously.
III.
Recognition
The Board recognized Ms. Karen Bonnett, Woodrow Wilson High School (Raleigh
County), Shape America's 2015 National High School Physical Education Teacher of the Year.
IV.
Real World Learning
Mr. Green, assisted by Mr. Sterling Beane, Chief Officer, Division of Technology,
welcomed Mr. Jacob Bumgarner, Mr. Austin Casto, and Mr. Alex Roberts, students, and Dr.
Joseph Oliver, teacher, South Charleston High School, Kanawha County (via live video stream).
The students and teacher were congratulated for their success in a collaborative project that
occurred during a recent international NASA robotics competition.
-2V.
Delegations
President Manchin addressed the assembly and stated the Board has learned that the
Board of Child Care and the WVDHHR have reached an agreement regarding the closure of the
Board of Child Care at Falling Waters. WVBE and WVDE staff are reviewing the agreement
and may be modifying the Board's personnel actions to align with the agreement. Legal staff and
Human Resources are working on this matter should this affect any delegations desiring to
speak.
Ms. Betty Jo Jordan, Executive Assistant to the State Superintendent, announced that all
individuals wishing to address the Board as a delegation would be given two minutes. Mr. H.
Samuel Gibson (distributed information), citizen of Pocahontas County, addressed the Board
regarding Pocahontas County Board of Education social studies contests. Mr. Monroe P.
Warner, Mr. Thomas Griesbaum, and Mr. Rob Ferguson, JROTC instructors for Kanawha
County Schools, addressed the Board regarding embedded credit for physical education for
student participation in JROTC. Ms. Shaunna Cole (distributed information), Ms. Amanda
Skaggs, Mr. Jason Crouch, Ms. Shawna Sparks, Ms. Patsy Holliday (distributed information),
and Ms. Carolyn Arritt, citizens of Fayette County, addressed the Board regarding the Fayette
County Comprehensive Education Facilities Plan. Ms. Jo Hendricks, West Virginia Science
Teachers Association (WVSTA), addressed the Board on the behalf of WVSTA regarding Policy
2520.3C, Next Generation Content Standards and Objectives for Science in West Virginia
Schools. Ms. Elizabeth Layne Diehl, Esq., Berkeley County, appeared to represent an employee
of the Falling Waters juvenile facility and stated that she would address the Board, if necessary,
when the Board's personnel matters are taken up. (Copies appended to Official Minutes,
Attachment M.)
VI.
Superintendent's Report
Superintendent Martirano (PowerPoint presentation attached), assisted by WVDE staff as
noted, provided updates regarding the West Virginia General Summative Assessment process
(Mr. Larry White, Director, Dr. Vaughn Rhudy, Coordinator, and Mr. Timothy Butcher,
Coordinator, WVDE Office of Assessment and Research), West Virginia General Summative
Assessment technology needs inclusive of bandwidth and access to devices (Mr. Beane), and
West Virginia General Summative Assessment privacy/refusal to test (Ms. Heather Hutchens,
General Counsel to the WVDE); and, legislative update (Ms. Sarah Stewart, Esq., Director,
WVDE Policy and Government Relations). (PowerPoint presentation attached to Official
Minutes, Attachment Mc.)
VII.
Evaluation of County Applications for Waivers of Attendance
Restrictions to Meet the 180 Instructional Days Attendance Requirement
Ms. Mary Catherine Funk (distributed information), General Counsel to the WVBE,
reported that 27 county applications for waivers of attendance restrictions to meet the 180
instructional days attendance requirement had been received for the Board's consideration. All
applications were reviewed and it was determined that all 55 counties can comply with state law
requiring 180 separate days of instruction by June 30. Superintendent Martirano addressed the
Board and stated that he was not in support of waiving instructional days as all counties can
comply with state law requiring 180 separate days of instruction by June 30. Discussion ensued
-3regarding the applications and the Superintendent's stance that the federal disaster declaration
was not an option offered to counties in the waiver procedure/process.
Following discussion, Mr. Jackson moved that, in compliance with S.B. 359, the waivers
be denied. Discussion ensued regarding the provisions of S.B. 359 regarding 180 separate days
of instruction. Following discussion, President Manchin called for a second to Mr. Jackson's
motion. Mr. Linger seconded the motion and upon the call for the question the motion was
carried unanimously. (Copy appended to Official Minutes, Attachment N.)
VIII.
Break
President Manchin called for a break for lunch at 12:25 p.m.
IX.
Reconvene
President Manchin called the meeting back to order at 1:36 p.m.
X.
Chancellor Reports
President Manchin requested, due to staff availability, that item XII. Chancellor Reports
be taken up. Dr. Adam Green (distributed information), Vice Chancellor for Student Affairs for
the West Virginia Council for Community and Technical College Education and West Virginia
Higher Education Policy Commission, appeared on the behalf of Chancellors Hill and Skidmore
and provided brief updates on the Student Success Summit and the Middle Grades Module that
was created to meet the goals of the CTC System Cross Counseling Committee. (Copy
appended to Official Minutes, Attachment O.)
XI.
Local Board of Education Embedded Credit Policies
Ms. Jordan (distributed information) and Dr. Kathy D'Antoni, Chief Officer, Division of
Career and Technical Education, provided an overview of the process of how the content
standards and objectives are reviewed to verify alignment between courses (a credit bearing high
school course that is embedded within a second course to receive credit for both courses) to
ensure consistency in protocols among polices from the various counties. Ms. Jordan suggested,
and the Board agreed, that a small work group (inclusive of JROTC representatives and
Department staff) be convened to arrive at a solution regarding embedded credit for physical
education for participation in JROTC. (Copy appended to Official Minutes, Attachment P.)
XII.
Discussion of Legislative Actions and Gubernatorial Messages
Pertaining to Public Education Matters of the 2015 Legislative Session
The Board discussed legislative actions and gubernatorial messages pertaining to public
education matters taken as a result of the 2015 legislative session, particularly vetoed House Bill
2160, West Virginia Schools for the Deaf and the Blind eligible for School Building Authority
funding. President Manchin stated that she is committed to finding an appropriate solution upon
the completion of an assessment of needs, both facilities and curriculum-related, and is meeting,
along with Superintendent Martirano, Dr. Lynn Boyer, Superintendent of the West Virginia
Schools for the Deaf and the Blind, and Ms. Donna Hoylman Peduto, WVBE Director of
-4Operations, with the Governor's Office on April 24 to discuss the matter. Dr. White stated his
concern regarding the Governor's veto of House Bill 2160 and its impact on students. President
Manchin also addressed the Governor's veto of Senate Bill 584, transferring Cedar Lakes Camp
and Conference Center to private, nonstock, not-for-profit corporation and indicated that the
Board will work to remedy the concerns stated in the veto.
XIII.
WVBE Personnel Matters
President Manchin (distributed amended attachment) called for a motion to approve the
Board's amended personnel matters. Mr. Green moved that the Board's amended personnel
matters 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 A and
addendum.)
XIV.
Capacity Building for Priority Schools and Intervention Counties
Ms. Michele Blatt (distributed information), Chief Officer, Division of Accountability
and Performance for School Effectiveness, and Mr. Ted Mattern, System Support Liaison, Office
of the State Superintendent, provided information regarding support services provided to priority
schools and intervention counties. (Copy appended to Official Minutes, Attachment C and
addendum.)
Fayette County Schools Update. Dr. Serena Starcher, Superintendent, Fayette County
Schools provided an update and overview of planning that occurred regarding the upcoming
election to be held for the purpose of submitting to the voters of the Fayette County School
district a proposed bond call not to exceed thirty-eight million nine hundred thousand dollars
($38,900,000.00). (Copy appended to Official Minutes, Attachment D.)
XV.
Office of Education Performance Audits (OEPA)
Director’s Information
Ms. Susan O'Brien, Director, Office of Education Performance Audits, reported that: the
OEPA will finish year one initial reviews tomorrow; data regarding RESAs 6 and 7 will be
shared next week with RESAs 6 and 7; RESA 5 school monitoring reports will be presented to
the WVBE in May; and, that she is scheduled to provide a presentation at an upcoming West
Virginia PASS meeting. Following the update Ms. O'Brien introduced Logan County
Superintendent, Ms. Phyllis Doty, who introduced Mr. Jim Frye, President, Dr. MaryLu
MacCorkle, Assistant Superintendent, Mr. Mark McGrew, Board member, Dr. Pat Joe White,
Board Member, Ms. Phyllis Adkins, Board Member, and Ms. Shana Thompson, Board Attorney.
Ms. O'Brien then introduced Wayne County Superintendent Sandra Pertee, who introduced Mr.
Trey Morrone, President, Ms. JoAnn Hurley, Board Member, Ms. Lois Little, Board Member,
Ms. Johnita Jackson, Board Member, and Ms. Mary Lou Perry, Director of Professional
Personnel.
XVI.
Special Circumstance Review
President Manchin called for a motion to move into executive session and advised the
assembly that upon return from executive session the Board would take no action and the
-5meeting would be recessed until 9:00 a.m. tomorrow in the same location. Mr. Green moved, as
provided in W. Va. Code §18-2E-5, Special Circumstance Review, that the Board enter into
executive session. Mrs. Combs seconded the motion. Upon the call for the question the motion
was carried unanimously and the Board moved into executive session at 3:12 p.m. Ms. Kingery
departed the executive session at 4:15 p.m. Superintendent Martirano, Ms. O'Brien, Ms. Funk
and Ms. Hutchens departed the executive session at 5:00 p.m. Ms. Funk was called back into
executive session and Mr. Jackson departed the executive session at 5:34 p.m.
XVII.
Return from Executive Session
Dr. White moved, and Mrs. Combs seconded, that the Board return from executive
session. The Board, inclusive of Ms. Peduto and Ms. Funk, returned from executive session at
5:45 p.m.
XVIIII.
Recess
President Manchin recessed the meeting at 5:46 p.m.; the meeting will reconvene on
April 9 at 9:00 a.m. in the same location.
XIX.
Reconvene
President Manchin reconvened the meeting of April 8, 2015, at 9:02 a.m. on April 9,
2015, in the Capitol Building 6, Room 353, 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 (via telephone), Lloyd G. Jackson II,
Beverly E. Kingery, L. Wade Linger Jr., and William M. White, and ex officio Michael J.
Martirano, State Superintendent of Schools. Members absent were: James S. Wilson 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.
XX.
Special Circumstance Review (Continued)
Ms. O'Brien presented the following recommendations for the Logan County
Superintendent and Logan County Board of Education for the Board's consideration:
Logan County Recommendations:
1) The Logan County Superintendent and County School Board will continue to strengthen
and institutionalize collaborative strategic planning actions and outcomes that support
and improve student performance and well-being.
2) The Logan County Superintendent will continue to provide instructional leadership,
working with the appropriate central office staff, for all county principals. Logan County
may seek technical assistance and/or guidance from a variety of sources including but not
limited to RESA 2, WVDE, CPD and OEPA.
-63) Logan County will continue to analyze student performance annual and trend data to
ensure high quality curriculum, instruction and assessments are in place at each school.
4) OEPA will, for the period of one year or as deemed necessary, conduct monthly check-in
visits with the Superintendent and/or School Board.
5) The next review of the central office will occur during the 2016-2017 cyclical review for
RESA 2 unless circumstances dictate otherwise.
Ms. Kingery moved that the recommendations be approved. Mrs. Combs seconded the
motion and upon the call for the question the motion was carried unanimously.
Ms. O'Brien presented the following recommendations for Wayne County Superintendent
and Wayne County Board of Education for the Board's consideration:
Wayne County Recommendations:
1) The Wayne County Superintendent and appropriate central office staff will develop with
OEPA and WVDE a strategic, focused and prioritized action plan to address findings
from the county review.
2) Wayne County will contract with Barbara Brazeau, at the county’s expense, to provide
consultation services in the area of personnel.
3) The Wayne County School Board will develop a strategic, focused and prioritized action
plan to address findings in the county review. This plan will be developed with OEPA
and WVSBA.
4) OEPA will, for the period of one year or as deemed necessary, conduct monthly check-in
visits with the Superintendent and/or School Board.
5) The Superintendent is required to present a status report of progress made to the WVBE
at the October 2015 state board meeting.
6) The next county review will be determined after the presentation of the Superintendent’s
status report at the October WVBE meeting.
Dr. White joined the meeting. Mr. Green moved that the recommendations be approved.
Mr. Linger seconded the motion and upon the call for the question the motion was carried
unanimously.
XXI.
Initial On-Site Reviews for Schools Located in RESA 2
Ms. O'Brien presented initial on-site reviews for schools located in RESA 2 for the
Board's consideration. The Legislature amended and reenacted W. Va. Code §18-2E-5, by Senate
Bill 359, which led to the WVBE repeal and replacement of Policy 2320, A Process for
Improving Education: Performance Based Accreditation System. The primary focus of the new
accreditation process is providing feedback on practices and processes that correlate with high
student success and improvement and continuous improvement of all schools. Policy and Code
compliance are also monitored. In response to Policy 2320 (effective July 1, 2014) and the
direction of the WVBE, the OEPA instituted Initial On-Site Reviews of the High Quality Process
Standards in all West Virginia public schools during the 2014-2015 and 2015-2016 school
years. Beginning with school year 2016-2017, the OEPA will conduct on-site reviews of each
school in the state once every four years.
-7Ms. O'Brien reported that all six school systems located in RESA 2 (Cabell, Lincoln,
Logan, Mason, Mingo, and Wayne counties) participated in on-site reviews during January and
February 2015 (http://oepa.state.wv.us/documents/RESA2/sobrienRptsRESA2.pdf).
Mr. Green moved that the individual school reports be approved, and any school in which
a function rating was lowered to emerging or unsatisfactory or policy or Code was found
non-compliant, be required to revise the strategic plan within 30 days and begin corrective
action. Ms. Kingery seconded the motion and upon the call for the question the motion was
carried unanimously. (Copy appended to Official Minutes, Attachment E.)
XXII.
Consent Agenda
President Manchin requested that the Consent Agenda, inclusive of Employment of
Substitute Teachers in Areas of Critical Need policies (distributed - addenda to Attachment H)
for Gilmer and Mineral County Schools, be approved.
Dr. White moved that the Consent Agenda, inclusive of Employment of Substitute
Teachers in Areas of Critical Need policies for Gilmer and Mineral County Schools, 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 K and
addenda.)
XXIII.

Approved minutes of March 12, 2015 (Attachment F)

Received WVDE personnel matters (Attachment G)

Approved Employment of Substitute Teachers in Areas of Critical Need
policies for twenty-one county boards of education and the Office of
Institutional Education Programs (Attachment H and addenda)

Approved Fairmont State University's addition of Hardy County Schools to
their existing Teacher-in-Residence (TIR) Program (Attachment I)

Approved Marshall University's New Teacher-in-Residence (TIR) Program
(Attachment J)

Approved Appointments to County Board Member Training Standards Review
Committee (TSRC) (Attachment K).
Update - WVBE Response to Governor's Education Agenda
Ms. Peduto (distributed information), assisted by President Manchin and Mr. Jackson,
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 Q.)
-8XXIV.
Superintendent's Report (Continued)
Superintendent Martirano provided information regarding a two phase review process of
the content standards. Phase 1 will be website availability of the content standards to seek
citizen input. Phase 2 will consist of a review of comments and information submitted during
Phase 1 followed by a recommendation to the WVBE. More details will be provided as the
strategic plan is developed. The Department will continue outreach efforts to parents. Mr.
Green thanked the Superintendent and staff for their efforts during the legislative session and
spoke to being careful to minimize education speak when developing communication so that
everyone can understand the message. Ms. Kingery requested that written monthly reports be
provided to the Board. President Manchin indicated that written updates will be provided also to
the Legislature. Dr. White requested that written updates be provided also at the federal level
and that written and verbal updates be provided to the West Virginia Legislature. Mr. Jackson
requested that it be made clear to citizens how all facets must fit together and that the Board has
been working to accomplish a unified seamless education system for several years.
XXV.
Update - WVBE Response to Governor's Education Agenda (Continued)
WVBE Finance Committee. Mr. Campbell provided an update on behalf of the Finance
Committee regarding counties on the fund balance watch list and status of the current budget bill.
STEM Council Update. Mr. Green provided an update regarding his participation on the
Governor's STEM Council initiatives and activities.
XXVI.
WVBE Coordinator of Board Agencies Report
Mr. Jason L. Butcher, WVBE Coordinator of Board Agencies, provided an update
regarding his work in conjunction with WVBE agencies inclusive of the West Virginia Schools
for the Deaf and the Blind, Office of Institutional Education Programs, Office of Education
Performance Audits, and RESAs.
XXVII.
WVBE Regional Education Service Agency (RESA) Liaison Report
Mr. Joe Oliverio, Executive Director of RESA 5, provided a report on behalf of the
RESAs.
XXVIII.
President - Point of Personal Privilege
President Manchin brought to the Board's attention the Teacher-in-Residence
partnerships that were approved in the Consent Agenda. President Manchin announced that the
Board will visit the Kentucky Board of Education on June 2-3, 2015, to share experiences as to
the operation of state boards of education. The following members and staff have confirmed
their attendance at this meeting: President Manchin, Mr. Campbell, Ms. Kingery, Mr. Linger,
Dr. White and Ms. Peduto; members who have not responded were requested to contact the
Board's secretary. Members attending who require travel assistance are to contact the Board's
secretary.
-9XXIX.
Policy 2520.3C, Next Generation Content Standards
and Objectives for Science in West Virginia Schools
Mr. Clayton Burch, Chief Officer, Division of Teaching and Learning, assisted by Ms.
Robin Sizemore (distributed information) presented Policy 2520.3C for the Board's
consideration. Policy 2520.3C was placed on public comment for 30 days and is presented for
approval with an effective date of July 1, 2016. Approval will coincide with repeal of Policy
2520.35 “21st Century Science 9-12 CSO for WV (2520.35)” and Policy 2520.3 “21st Century
Science K-8 CSO for WV Schools (2520.3). Teachers will have new and relevant standards to
more effectively teach science to students in West Virginia schools, grades k-12.
Mr. Jackson moved that Policy 2520.3C be adopted. Dr. White seconded the motion.
Mr. Linger issued concern regarding the way the comments were handled and recommended the
following amendments to the policy:
1)
The addition of a new sentence to the introduction: "There is a deliberate sequencing of
objectives (based on programmatic level) to ensure students will develop skills to
acknowledge and distinguish claim(s) from alternate or opposing claims, support
arguments either claims or counterclaims with evidence, and communicate about science
related topics/issues in a knowledgeable, clear and objective manner."
2)
At topic S.6.ESS.6 - change the word "rise" to "change": "ask questions to clarify
evidence of the factors that have caused the rise change in global temperatures over the
past century."
3)
At topic S.HS.ENV.17 - add the words "natural forces": "debate climate change as it
relates to natural forces, greenhouse gases, human changes in atmospheric concentrations
of greenhouse gases, and relevant laws and treaties."
Mr. Linger moved that the amendments be approved. Mr. Campbell seconded the
motion. Discussion ensued regarding the proposed amendments and how the amendments would
affect West Virginia's standing as a Next Generation state. Mr. Burch indicated the
recommended change at S.6.ESS.6 is not in compliance with Next Generation standards. Ms.
Sizemore stated her opinion that this change of wording will cause West Virginia not to be
recognized as a Next Generation state with regard to the science standards.
Following discussion, President Manchin called for the question. Following the vote
President Manchin stated that the motion was carried.
President Manchin call for a motion to approve the policy as amended. Dr .White issued
concern that the change at S.6.ESS.6 would cause West Virginia to no longer be a Next
Generation state with regard to the science standards.
Mr. Jackson moved that the policy be approved. Mr. Linger seconded the motion and
upon the call for the question President Manchin stated that the motion to approve the policy as
amended was accepted. (Copies appended to Official Minutes, Attachments B-1 and B-2 and
addendum.)
- 10 XXX.
Items for Future Consideration
It was requested that members notify the Board's secretary of items for placement on the
May meeting agenda. (Copy appended to Official Minutes, Attachment L.)
XXXI.
Future Meetings
President Manchin stated that the next regular meeting of the WVBE will be held
May 13, 2015, in Charleston, West Virginia. The meeting will continue on May 14, 2015, if the
agenda is not completed on May 13, 2015. President Manchin directed members to the future
meeting dates listed on the agenda and to note that a few dates have been changed.
XXXII.
Adjournment
Dr. White moved that the meeting be adjourned. Ms. Kingery seconded the motion and
upon the call for the question the motion was carried unanimously. The meeting was adjourned
at 10:30 a.m.
Minutes approved by the Board on May 13, 2015.
______________________________________________
Gayle C. Manchin, President
______________________________________________
Tina H. Combs, Secretary
Minutes were recorded by
Virginia M. Harris
Secretary to the Board
WVBEMinutes4/8/15