MINUTES
WEST VIRGINIA BOARD OF EDUCATION
Capitol Building 6, Room 353
1900 Kanawha Boulevard, East
Charleston, West Virginia
June 10, 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 10:07
a.m. on June 10, 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, Thomas W. Campbell, Lloyd G. Jackson II, Beverly E. Kingery, L. Wade Linger Jr.,
William M. White, and James S. Wilson, and ex officio Michael J. Martirano, State
Superintendent of Schools. Members absent were: Secretary Tina H. Combs 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 that New Business item B. Continuation Waiver - Hancock
County Cyber Academy take place on June 11 and that the adjusted agenda be approved. Dr.
Wilson moved that the agenda, with the requested adjustment, be approved. Mr. Campbell
seconded the motion and upon the call for the question the motion was carried unanimously.
III.
Recognitions
The Board recognized: 1) Amazing CTE Kids in Action Award recipients Ms. Caitlynn
Jones, Wyoming Career Technical Center, Wyoming County, Ms. Katy Fleak, Wood County
Technical Center, Wood County, and Ms. Winter Snow Davis, Putnam Career Technical Center,
Putnam County; and, 2) North Elementary (Monongalia County), a West Virginia Sustainable
School and USDE Green Ribbon School.
IV.
Real World Learning
Vice President Green, assisted by Mr. Sterling Beane, Chief Officer, Division of
Technology, presented information regarding the Second Launch (technology recycling)
program and recognized Mr. Dave Cartwright, Technology Infrastructure Manager, and his
assistants, Ilesa Casto, John Woodrum, and Misty Woodrum, WVDE Office of Data
Management and Analysis, for their work with the program.
-2V.
Delegations
Ms. Betty Jo Jordan, Executive Assistant to the State Superintendent, announced that
delegations would be provided two minutes. Ms. Mary Catherine Funk, Board Attorney,
addressed the assembly regarding delegations appearing regarding a grievance matter currently
before the West Virginia Public Employees Grievance Board (WVPEGB) and that the Board and
the Department are therefore precluded from discourse with delegations regarding matters before
the WVPEGB. Ms. Marcella Charles, Ms. Teresa Jones, and Ms. Beverly Bailey, Mingo County
high school principals, addressed the Board regarding administration salary reduction for Mingo
County principals. Ms. Andrea Wickline, citizen of Fayette County, Ms. Pasty Holliday, Fayette
County board member and citizen of Fayette County, Ms. Carolyn Arritt (distributed
information), citizen of Fayette County, and Ms. Sandra Harkin, citizen of Fayette County,
addressed the Board regarding Fayette County educational and facility concerns. (Copy
appended to Official Minutes, Attachment M.)
VI.
Update - WVBE Actions for Improved Outcomes
Ms. Donna Hoylman Peduto (distributed information), WVBE Director of Operations,
provided an update regarding actions taken by the Board to improve educational outcomes.
(Copy appended to Official Minutes, Attachment Mc.)
President Manchin, Mr. Campbell, Dr. Wilson, Mr. Green, Ms. Kingery, Dr. White, Mr.
Linger, and Ms. Peduto provided information regarding the Board's visit with the Kentucky
Board of Education. Mr. Linger joined the meeting.
WVBE Finance Committee. Mr. Campbell and Mr. Jackson provided an update on
behalf of the Finance Committee.
VII.
Superintendent Reports
Standards Review Process. Superintendent Martirano addressed the Board regarding
the Board's takeaways from the Kentucky visit; distributed a publication that was presented
during the June legislative interim; and provided information (PowerPoint presentation), assisted
by Ms. Sarah Stewart, WVDE Director of Education Policy and Government Relations,
regarding the standards review process. (Copies attached to Official Minutes, Attachment N.)
President Manchin requested that Superintendent Martirano continue his reports
following a scheduled executive session to receive updates from legal counsel.
VIII.
Updates from Legal Counsel in Marple vs. WVBE,
White vs. Randolph County Board of Education, et al., and
Folk vs. Governor Earl Ray Tomblin, et al.
President Manchin called for a motion to enter into executive session for updates from
legal counsel in Marple vs. WVBE, White vs. Randolph County Board of Education, et al., and
Folk vs. Tomblin, et al.
-3Mr. Green moved, as provided in W. Va. Code §6-9A-4
attorney-client privilege per Peters v. County Commission, 205 W. Va.
Board enter into executive session. Mr. Linger seconded the motion and
question the motion was carried unanimously. The Board moved into
12:04 p.m.
IX.
[matters involving
481 (1999), that the
upon the call for the
executive session at
Return from Executive Session
President Manchin called for a motion to return from executive session. Dr. White
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 1:01 p.m. President Manchin announced that no decisions were made or
action taken during executive session.
President Manchin requested that OEPA item B. RESA 6 Continuous Improvement
Efforts using OEPA On-site Review Data, noticed for 1:00 p.m., be taken up.
X.
RESA 6 Continuous Improvement Efforts using OEPA On-site Review Data
Ms. Susan O'Brien, Director, Office of Education Performance Audits, introduced Mr.
Nick Zervos, Executive Director (distributed information), RESA 6. Mr. Zervos and the RESA 6
Focus Assistance Support Team (FAST) Mr. Joe Paolo, Director of Special Education, Ms.
Cheryl Tuba, Technical Assistance Specialist, Mr. Jon Pollock, Coordinator of Curriculum and
Instruction, Ms. Mary Kay Reisinger, Coordinator of School Improvement and Technical
Assistance, Mr. Rick Redd, Technical Assistance Specialist, and Ms. Marion Kajfez, Director of
Programs, provided information regarding FAST services, support, and programs available to all
RESA 6 schools. (Copy appended to Official Minutes, Attachment O.)
XI.
Superintendent Reports (Continued)
Superintendent Martirano, assisted by Dr. Vaughn Rhudy, Coordinator, Mr. Larry White,
Interim Executive Director, and Mr. Timothy Butcher (distributed information), Coordinator,
WVDE Office of Assessment, provided an update regarding the West Virginia General
Summative Assessment; assisted by Mr. Clayton Burch, Chief Officer, Division of Teaching and
Learning, provided a report regarding the waiver of Policy 2510 of high school mathematics
sequences; assisted by Mr. Burch (distributed information), provided an update regarding the
2015-2016 schools calendars; and, assisted by Mr. Joe Panetta (distributed information), Chief
Officer, Division of Finance and Administration, provided an update regarding the FY 2016
budget. Superintendent Martirano requested that Mr. Panetta bring a per pupil comparison and
budget numbers for the Department (not inclusive of institutional education, Office of Education
Performance Audits, West Virginia Schools for the Deaf and the Blind, and any other entities
included in the Department's budget) before the Board for discussion in July. Superintendent
Martirano honored and recognized, with a Certificate of Recognition signed by Governor Earl
Ray Tomblin, Mr. Charles K. Heinlein, Deputy Superintendent of Schools, who retires June 30,
2015. (Copies appended to Official Minutes, Attachment N.)
-4President Manchin requested that OEPA item C. Special Circumstance Review, noticed
for 1:30 p.m., be taken up.
XII.
Special Circumstance Review
Executive Session
Ms. O'Brien requested an executive session as provided in W. Va. Code §18-2E-5(k)(1),
On-site reviews. "Any discussion by the state board of schools to be subject to an on-site review
or dates for which on-site reviews will be conducted may be held in executive session and is not
subject to the provisions of article nine-a, chapter six of this code relating to open governmental
proceedings."
Mr. Green moved that the Board enter into executive session as provided in W. Va.
Code §18-2E-5(k)(1), On-site reviews. Mr. Jackson seconded the motion and upon the call for
the question the motion was carried unanimously. The Board moved into executive session at
3:04 p.m.
XIII.
Return from Executive Session
President Manchin called for a motion to return from executive session. Mr. Linger
moved that the Board return from executive session. Mr. Jackson departed executive session at
4:36 p.m. Mr. Green seconded the motion and upon the call for the question the motion was
carried unanimously. The Board returned from executive session at 4:42 p.m.
XIV.
Consent Agenda
President Manchin requested a motion to approve the Consent Agenda. Dr. White moved
that the Consent Agenda be approved. Dr. Wilson seconded the motion and upon the call for the
question the motion was carried unanimously. (Copies appended to Official Minutes,
Attachments C through G)

Approved minutes of May 13, 2015 (Attachment C)

Received WVDE personnel matters (Attachment D)

Approved four first time waiver requests to delay the adoption of instructional
materials for one year (Attachment E)

Approved 2015 summer school programs (Attachment F)

Received the Annual Report of the James & Law Company, West Virginia
Instructional Materials Depository (Attachment G).
-5XV.
Recess
President Manchin recessed the meeting at 4:46 p.m. and announced that the meeting
would reconvene on June 11 at 9:00 a.m. in the same location.
XVI.
Reconvene
President Manchin reconvened the meeting of June 10, 2015, at 9:04 a.m. on June 11,
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. (via telephone), William M. White, and James S. Wilson, and ex
officio Michael J. Martirano, State Superintendent of Schools. Members absent were: Secretary
Tina H. Combs 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.
XVII.
Chancellor Reports
Chancellor Hill and Chancellor Skidmore were unable to attend the meeting.
XVIII.
WVBE Regional Education Service Agency (RESA) Liaison Report/
WVBE Coordinator of Board Agencies Report
Mr. Joe Oliverio, Executive Director, RESA 5, provided a report on behalf of the RESAs.
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, WVDE Office of Institutional Education Programs, Office of Education
Performance Audits, and RESAs.
Dr. Lynn Boyer, Superintendent, West Virginia Schools for the Deaf and the Blind,
provided an update regarding the schools and stated that, in anticipation of her retirement on
June 30, 2015, a transition plan is in place for the seamless delivery of services.
XIX.
Capacity Building for Priority Schools, Intervention Counties,
and West Virginia Schools for the Deaf and the Blind
Ms. Michele Blatt (distributed information), Chief Officer, Division School
Effectiveness, provided information regarding support services provided to priority schools and
intervention counties. (Copy appended to Official Minutes, Attachment B.)
-6XX.
2014-2015 Annual Report of the West Virginia Advisory Council
for the Education of Exceptional Children (WVACEEC)
Mr. Burch introduced Ms. Pat Homberg, Executive Director, WVDE Office of Special
Programs, who presented the WVACEEC's 2014-2015 annual report for the Board's
consideration. The WVACEEC is a state level committee mandated by the state code and
federal law. Members include parents, individuals with exceptionalities, educational service
providers, administrators and representatives from a variety of related agencies. The WVACEEC
is interested in the quality of education received by exceptional children and youth. The 20142015 Annual Report identifies the unmet needs of children with exceptionalities in West
Virginia. There is no direct impact on students other than the availability of instructional
materials.
Ms. Kingery moved that the 2014-2015 Annual Report of the WVACEEC be accepted.
Dr. White seconded the motion and upon the call for the question the motion was carried
unanimously. (Copy appended to Official Minutes, Attachment H.)
XXI.
Continuation Waiver - Hancock County Cyber Academy
Ms. Jordan introduced Ms. Suzan Smith, Superintendent of Hancock County Schools,
who presented a continuation waiver for the Hancock County Cyber Academy for the Board's
consideration. In June 2014, the WVBE approved a one year waiver of sections of Policy 2510
and Policy 4110 to allow Hancock County to begin the implementation of an online Cyber
Academy. The county is requesting a continuation of the waiver to further refine and improve
implementation.
Dr. Wilson moved that the continuation waiver, with the caveat that Advanced Placement
(AP) courses must be approved by The College Board, for the Hancock County Cyber Academy
be approved. Mr. Green seconded the motion and upon the call for the question the motion was
carried unanimously. (Copy appended to Official Minutes, Attachment I.)
XXII.
Instructional Time Waivers at the Adolescent Level
Ms. Jordan presented instructional time waivers at the adolescent level for the Board's
consideration. Five counties have submitted requests for waivers of WVBE Policy 2510 related
to instructional time (e.g. section 5.4.e.2 addressing 8100 minutes at the high school level;
section 5.4.g.2 addressing students scheduled for fewer courses than the instructional day
allows; section 7.2.d.3 dealing with instructional day). The specific waiver requests have been
hyperlinked within the agenda item and are presented for: Boone County – countywide for all
high schools; Kanawha County - George Washington High School; Mineral County –
countywide for all schools; Nicholas County - Nicholas County High School and Richwood
High School; and Randolph County – Elkins High School.
Mr. Jeff Huffman Assistant Superintendent, Boone County Schools, and Mr. Allen
Halley, Principal, Scott High School, presented Boone County's countywide waiver request for
the Board's consideration. Ms. Kingery moved that the countywide waiver for all Boone County
-7high schools be approved. Mr. Campbell seconded the motion and upon the call for the question
the motion was carried unanimously.
Mr. George Aulenbacher, Principal, George Washington High School, presented
Kanawha County's waiver request for George Washington High School for the Board's
consideration. Mr. Campbell moved that Kanawha County's waiver request for George
Washington High School be approved. Dr. Wilson seconded the motion and upon the call for the
question the motion was carried unanimously.
Mr. Shawn Dilly (distributed information), Superintendent, Mineral County Schools,
presented Mineral County's countywide waiver request for the Board's consideration. Ms.
Kingery moved that the countywide waiver for Mineral County schools be approved. Dr. Wilson
seconded the motion and upon the call for the question the motion was carried unanimously.
(Copy appended to Official Minutes, Attachment P.)
Mr. Keith Butcher (distributed information), Superintendent, Nicholas County Schools,
Ms. Kendra Rapp, Principal, Nicholas County High School, and Mr. Scott Williams, Principal,
Richwood High School, presented waiver requests for Nicholas County High School and
Richwood High School for the Board's consideration. Mr. Jackson moved that Nicholas
County's waiver requests for Nicholas County High School and Richwood High School be
approved. Ms. Kingery seconded the motion and upon the call for the question the motion was
carried unanimously. (Copy appended to Official Minutes, Attachment P.)
Mr. Terry George, Superintendent, Randolph County Schools, and Mr. Rusty Collett,
Principal, Elkins High School, presented Randolph County's waiver request for Elkins High
School for the Board's consideration. Mr. Green moved that Randolph County's waiver request
for Elkins High School be approved. Dr. White seconded the motion and upon the call for the
question the motion was carried unanimously.
XXIII.
Policy 2520.5, Next Generation Health Education
5-12 Content Standards and Objectives for West Virginia Schools
Mr. Burch presented Policy 2520.5 for the Board's consideration. Senate Bill 7, W. Va.
Code §18-2-9(d) states: "After July 1, 2015, the required instruction in cardiopulmonary
resuscitation in subsection (b) of this section shall include at least thirty minutes of instruction
for each student prior to graduation on the proper administration of cardiopulmonary
resuscitation (CPR) and the psychomotor skills necessary to perform cardiopulmonary
resuscitation." Policy 2520.5 has been revised to reflect this requirement.
Mr. Green moved that Policy 2520.5 be placed on public comment for 30 days. Dr.
Wilson seconded the motion and upon the call for the question the motion was carried
unanimously. (Copy appended to Official Minutes, Attachment J.)
-8XXIV.
WVBE Personnel Matters including: Possible Employment Action regarding
Three Employees at the West Virginia Schools for the Deaf and the Blind;
Review and Consideration of Applications for the Position of Superintendent
of the West Virginia Schools for the Deaf and the Blind; Conducting of WVBE
Performance Evaluations for the State Superintendent of Schools, Director of the
Office of Education Performance Audits, RESA Executive Directors, Superintendent
of the West Virginia Schools for the Deaf and the Blind, WVBE Director
of Operations, WVBE Attorney, WVBE Coordinator of Board Agencies
and WVBE Secretary; and WVBE Personnel Matters
Executive Session
President Manchin called for a motion to enter into executive session for personnel
matters. Mr. Green moved, 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)], that the Board enter into executive session. Ms. Kingery seconded the
motion and upon the call for the question the motion was carried unanimously. The Board
moved into executive session at 10:34 a.m. During executive session, Mr. Campbell and Dr.
Wilson departed the meeting and rejoined executive session via telephone.
XXV.
Return from Executive Session
President Manchin called for a motion to return from executive session. Ms. Kingery
moved that that the Board return from executive session. Dr. White seconded the motion and
upon the call for the question the motion was carried unanimously. The Board returned from
executive session at 2:38 p.m. President Manchin announced that no decisions were made or
action taken during executive session.
President Manchin called for a motion to approve the Board's personnel matters found in
the attachment inclusive of the addendum (previously distributed). Mr. Green moved that the
Board's personnel matters, inclusive of the addendum, be approved. Dr. Wilson seconded the
motion and upon the call for the question the motion was carried unanimously. (Copy appended
to Official Minutes, Attachment K and addendum.)
President Manchin called for a motion to suspend Ms. Ashley Froy for three days without
pay effective August 19-21, 2015, from her position as an Elementary/Basic Education Teacher
at the West Virginia School for the Blind, and further to suspend her technology privileges,
except those essential to the functions of her job as evaluated and observed by a supervisor, for a
period of one month at the commencement of the 2015-2016 school year. Mr. Green moved, and
Dr. Wilson seconded, the motion as stated by President Manchin. Upon the call for the question
the motion was carried unanimously.
President Manchin called for a motion to terminate Ms. Cherie Stump from her position
as a Child Care Worker at the West Virginia Schools for the Deaf and the Blind, effective
June 11, 2015. Dr. White moved, and Mr. Campbell seconded, the motion as stated by President
Manchin. Upon the call for the question the motion was carried unanimously.
-9President Manchin called for a motion to terminate Ms. Carmen Smith from her position
as a Residential Program Shift Supervisor at the West Virginia Schools for the Deaf and the
Blind, effective June 11, 2015. Ms. Kingery moved, and Dr. White seconded, the motion as
stated by President Manchin. Upon the call for the question the motion was carried
unanimously.
President Manchin announced, as required in W. Va. Code §18-3-1, that the WVBE has
completed its evaluation of the State Superintendent of Schools and has determined that he has
done a very good job in a very difficult environment.
XXVI.
Items for Future Consideration
It was requested that members notify the Board's secretary of items for placement on the
July meeting agenda. (Copy appended to Official Minutes, Attachment L.)
XXVII.
Future Meetings
President Manchin stated that the next regular meeting of the WVBE will be held July 8,
2015, in Charleston, West Virginia. The meeting will continue on July 9, 2015, if the agenda is
not completed on July 8, 2015.
XXVIII.
Adjournment
President Manchin declared the meeting adjourned at 2:43 p.m.
Minutes approved by the Board on July 8, 2015.
______________________________________________
Gayle C. Manchin, President
______________________________________________
Tina H. Combs, Secretary
Minutes were recorded by
Virginia M. Harris
Secretary to the Board
WVBEMinutes6/10/15