Philippi
WV 26416
July 9, 2007
The Barbour County Board of Education met in regular session at 5:30 p.m. on Monday, July 9, 2007, at the Board of Education Office, 105 South Railroad Street, Philippi, West Virginia.
Patrick Jones, President, presided; Brian Kisamore, Jerry Phillips and Brad Robinson, Jr., Members, and Deede Lundeen, Secretary, were present. Greg Nestor, Member, was absent. Also in attendance were: Donna Jones, Carl Bolton, James Poling, Mark Lamb, Susan Delong, Flo Wilkins, Jack Reger, Jeff Kittle, Glenn Sweet, Whitni Kines, Karen Boone, David Taylor, Cami Watkins and Joseph Watkins.
Mr. Jones called the meeting to order at 5:30. Mr. Kisamore led the pledge to the flag.
A motion was made by Mr. Robinson, seconded by Mr. Phillips and passed four (4) to zero (0) to accept the addendum.
Ms. Donna Jones addressed the Board concerning an individual student issue.
Mr. Robinson made a motion to adjourn into executive session. The motion was seconded by Mr. Phillips and
passed four (4) to zero (0).
A motion was
made by Mr. Robinson, seconded by Mr. Phillips and passed four (4) to zero (0)
to return to open session at 7:15 p.m.
Mr. Kisamore made a
motion to approve the minutes of the June 25, 2007 meeting. The motion was seconded by Mr. Phillips and
passed four (4) to zero (0).
Superintendent’s Recommendations –
1. Recommendation: In compliance with Attendance Policy J-3, approve requests for out-of-county attendance for school year 2007-2008.
Name From (School) To (County)
Cora Bush Philip
Barbour Upshur
2. Recommendation: In compliance with Attendance Policy J-3, approve requests for out-of-zone attendance for school year 2007-2008 contingent upon compliance with pupil-teacher ratio.
Belington Middle Philip Barbour High
Jonathan Corley Tyler Gordon
Samuel Deffet
Junior Elementary Kasson Elem./Middle
Payton Gregory Emilie Johns
Bethany Waybright
Corey Williams
Caitlin Freeman
Corey Sault
3. Parent Appeal of
Superintendent’s Decision re: student transfer .
4. Recommendation:
Approve the final total of the June 28, 2007 net payroll and related
taxes and withholdings in the amount of $566,686.41
5. Recommendation:
Approve payment of bills for the period of June 26, 2007 through July 9,
2007 at a total expenditure of $144,648.08
6. Recommendation: Authorize the July 15, 2007 payroll for all regular extended and special programs payroll and federal withholdings not to exceed the amount of $120,000.00 to be released in accordance with Federal Law.
7. Recommendation: Approve the final total of the July and August expenditures for all regular, extended, and special programs payroll and federal withholdings in accordance with state law in the amount of $2,157,307.04. Checks are to be released in accordance with Federal Law.
8. Recommendation: Approve Allegheny Insurance Services to
provide real property insurance for the 2007-2008 school year.
9. Recommendation: Approve/Confirm use of buildings and/or
grounds
Belington Middle School on August 11, 2007 – requested by Debbie Johnson for family reunion.
Philip Barbour High School on August 22, September 10, October 8, November 5, 2007, January 7, February 11, March 10, April 14, 2008 – requested by Susan DeLong for BCEA meetings.
10. Recommendation: Approve/Confirm fund raising activity requests as submitted (all candy sales will be done outside school hours)
Junior Elementary School (Faculty Senate) – projected revenue $3,000.00
11. Recommendation: Enter into an agreement with Davis &
Elkins College to provide field experience
for student teachers during school year 2006-2007.
12. Recommendation: Approve third grade students to participate
in the annual ‘Kid’s
Day’
at the Barbour County Fair on August 30, 2007
13. Recommendation: Approve the Chinese guest teacher program
agreement for the 2007-2008
school year.
14. Recommendation: Approve building/ground modifications
Mt. Vernon Elementary –
install shelves in office and front entrance; install tile in office and hall; patch and paint the front
entrance drivit; paint below outside windows and touch up school;
completion of recycling shed (board funds); cover chalkboards in classrooms with
dry erase boards.
15. Recommendation: Approve substitute teachers for school year
2007-2008
Doris
Skinner
Mary Poling
16. Recommendation: Accept and approve resignations.
Shelly Starkey – Varsity Swim Coach, Philip Barbour High
School
Carla Knotts
– Varsity Cheerleading Coach, Philippi Middle School
17. Recommendation: Employ personnel as Itinerate Custodian for extra duty during July 11, 2007 through August 17, 2007
Marvin
Mayle, Supervisor
Noble
Fitzwater
Conrad Hicks
James Stuart
18. Recommendation: Approve/Confirm requests for professional
leave
19. Recommendation: Revise Policy A-2.1, Racial, Sexual, Religious/Ethnic,
Harassment and Violence Policy, for first reading.
1.0 Scope.
Barbour County Board of Education has set the
firm expectation that all schools shall be harassment and violence free.
1.1
Authority. W.Va. Constitution, Article XII, §2, and W.Va. Code §§18-2-5,
18-2-5a, and 18-2-7b, WVDE Policy 2421.
2.0 Purpose.
2.1. The purpose of these regulations is to prevent racial,
sexual or religious/ethnic harassment or violence, toward students and staff,
to protect the academic environment,
and to assure that our educational community responds to harassment and/or violence incidents when
they occur in a manner that effectively deters future incidents
and affirms respect for individuals. Attached are the procedures that ensure Barbour County Board of
Education shall implement appropriate prevention and response programs,
outlines investigatory and reporting procedures and delineates penalties for
violations of this policy. To the extent possible, Barbour County Schools will
collaborate with other state and local agencies in carrying out the purpose of
this rule. It is the intent of the Barbour County Board of Education to ensure
that the learning and working environments are free from any type of harassment
or violence.
3.0
Application.
3.1. These
regulations apply to any student, staff member or member of the public during
any school related activity or during any education sponsored event whether in
a building or other property used or operated by a county board of education,
RESA or state department of education or in another facility being used by any
of those agencies. The term "staff members", as used in these
regulations, shall encompass all employees of the county board of education or
other applicable local agency or facility.
3.2. No student,
staff member or member of the public, during any school related activity or
during any education sponsored event, whether in a building or other property
used or operated by Barbour County Board of Education, or in another facility
being used by any of this agency, shall engage in sexual, racial or
ethnic/religious harassment or violence. Persons found to have violated this
prohibition shall be subject to the penalties in Section 8.1.
3.3. Amorous
relationships between staff members and students are prohibited, and staff
members found to have violated this prohibition shall be subject to the
penalties outlined in Section 8.1.
4.0 Definitions.
4.1. Sexual
Harassment - Sexual harassment consists of unwelcome sexual advances,
requests for sexual favors, sexually motivated physical conduct or other verbal
or physical conduct or communication of a sexual nature when:
4.1.1. submission to the conduct or communication is made a term or
condition, either explicitly or implicitly, of obtaining or retaining
employment, or of obtaining an education; or
4.1.2. submission to
or rejection of that conduct or communication by an individual is used as a
factor in decisions affecting that individual's employment or education; or
4.1.3. that conduct or communication has the purpose or effect of
substantially or unreasonably interfering with an individual's employment or
education; or creating an intimidating, hostile or offensive employment or
educational environment.
4.1.4. sexual
harassment may include but is not limited to:
a. unwelcome verbal harassment of a sexual
nature or abuse;
b. unwelcome pressure for sexual activity;
c. unwelcome, sexually motivated or
inappropriate patting, pinching or physical contact;
d. unwelcome sexual behavior or words,
including demands for sexual favors, accompanied by implied or overt threats
concerning an individual's employment or
educational status;
e.
unwelcome sexual behavior or words, including demands for sexual favors,
accompanied by implied or overt promises of preferential treatment with regard
to an
individual's employment or educational status; or
f.
unwelcome behavior, verbal or written words or symbols directed at an
individual because of gender.
opportunities.
4.2. Racial Harassment - Racial
harassment consists of physical, verbal or written conduct relating to an
individual's race when the conduct:
4.2.1.
has the purpose or effect of creating an intimidating,
hostile or offensive working or academic environment;
4.2.2.
has the purpose or effect of substantially or
unreasonably interfering with an individual's work or academic performance; or
4.2.3.
otherwise adversely affects an individual's employment
or academic opportunities.
4.3.
Religious/Ethnic Harassment - Religious/ethnic harassment consists of
physical, verbal or written conduct which is related to an individual's
religion or ethnic background when the
conduct:
4.3.1.
has the purpose or effect of creating an intimidating,
hostile or offensive working or academic environment;
4.3.2.
has the purpose or effect of substantially or
unreasonably interfering with an individual's work or academic performance; or
4.3.3. otherwise adversely affects an individual's
employment or academic opportunities.
4.4. Sexual Violence - Sexual violence
is a physical act of aggression or force or the threat thereof which involves
the touching of another's intimate parts, or forcing a person to touch any person's
intimate parts. Intimate parts include the primary genital area, groin, inner
thigh, buttocks or breast, as well as the clothing covering these areas:
4.4.1.
sexual violence may include, but is not limited to:
a. touching,
patting, grabbing or pinching another person's intimate parts, whether that
person is of the same sex or the opposite sex;
c. coercing,
forcing or attempting to coerce or force sexual intercourse or a sexual act on
another; or
d. threatening to
force or coerce sexual acts, including the touching of intimate parts or
intercourse, on another; or
e. threatening or
forcing exposure of intimate apparel or body parts by removal of clothing.
4.5. Racial Violence - Racial violence
is a physical act of aggression or assault upon another because of, or in a
manner reasonably related to, race.
4.6. Religious/Ethnic Violence -
Religious/ethnic violence is a physical act of aggression or assault upon
another because of, or in a manner reasonably related to, religion or ethnicity.
4.7. Assault - Assault is:
4.7.1.
an act done with intent to cause fear in another of
immediate bodily harm or death;
4.7.2.
the threat to do bodily harm to another with present
ability to carry out the threat.
5.0 Complaint Procedures.
5.1. Any person who believes he or she has
been the victim of religious/ethnic, racial or sexual harassment or violence by
a pupil, teacher, administrator or other school personnel of the Barbour County
Board of Education, or any person with knowledge or belief of conduct which may
constitute religious/ethnic, racial or sexual harassment or violence toward a
pupil, teacher, administrator or other school personnel is encouraged to report
the alleged acts immediately to an appropriate school official. Nothing in this policy shall prevent any
person from reporting harassment or violence directly to the county
superintendent, RESA executive director or the state superintendent, as
appropriate, or to the West Virginia Human Rights Commission, or to a law
enforcement agency.
5.2. The Barbour County Board of Education,
RESAs have adopted appropriate procedures for investigating, reporting, and
responding to violations of this policy in a manner that promotes understanding
and respect. Copies of these procedures
are located and are readily accessible at the Barbour County Board of Education
building, and at each school building. A
synopsis of this policy will be publicly published annually.
5.3. All alleged incidents of harassment or
violence observed by faculty or staff must be reported to the designated
investigator and appropriate action should be taken as specified in part 6 and
7 of this policy.
55.4. Under certain
circumstances, sexual harassment may constitute child and/or sexual abuse under
Chapter 49 of the West Virginia Code. In such situations, the Barbour County
Board of Education shall comply with the provisions of law for reporting such
abuse.
6.0 Investigation.
6.1. The individual(s) designated by the
policy to investigate, shall upon receipt of a report or complaint alleging
religious/ethnic, racial or sexual harassment or violence, immediately undertake
or authorize an investigation. The investigation may be conducted by Barbour
County School officials or by a third party designated by the superintendent,
in accordance with this policy.
6.2. The investigation will consist of
personal interviews with the complainant, the individual(s) against whom the
complaint is filed, and others who may have knowledge of the alleged incident(s)
or circumstances giving rise to the complaint. The investigation may also
consist of any other methods and review of circumstances deemed pertinent by
the investigator.
6.3. The Superintendent or her designee (ex:
Principal, Title IX Director) shall determine whether the alleged conduct
constitutes a violation of this policy.
6.4. In determining the appropriate response
and/or punishment, the Superintendent or her designee will, if appropriate,
consider the surrounding circumstances, the nature of the behavior, past
incidents or past or continuing patterns of behavior, the relationships between
the parties involved and the context in which the alleged incidents occurred.
Whether a particular action or incident constitutes a violation of this policy
requires a determination based on all the facts and surrounding circumstances.
6.5. The superintendent or her designee may
take immediate steps, at her discretion, to protect the complainant, pupils,
teachers, administrators or other personnel pending completion of an
investigation of alleged religious/ethnic, racial or sexual harassment or
violence.
6.6. The investigation will be completed as
noted in the procedures. The investigator shall make a written report to the
superintendent upon completion of the investigation. If the complaint involves
the Superintendent, the report may be filed directly with the Barbour County
Board of Education. The report shall include a determination of whether the
allegations have been substantiated as factual and whether they appear to be
violations of this policy.
6.8. Confidentiality of the filing of complaints, the identity of
subjects and witnesses of any complaint and of any action taken as a result of
such complaint is essential to the effectiveness of this policy. Only those
individuals necessary for the investigation and resolution of the complaint
shall be given information about it. Therefore, the right of confidentiality of
complainants, subjects, witnesses, and investigators will be vigorously
protected and violations of such confidentiality may itself be grounds for
disciplinary action.
7.0 Agency Action and Reporting.
7.1. Upon receipt of a report substantiated
by the investigation, the superintendent and/or the Barbour County Board of
Education will take appropriate action against those found to have violated
this policy. Such action may include, but is not limited to, warning,
suspension, exclusion, expulsion, termination and revocation of licensure.
7.2. The superintendent and/or the Barbour
County Board of Education shall also initiate such other action as is
appropriate to ease tensions and to affirm the values of respect and understanding,
in accordance with the agency's plan developed pursuant to part 4 of this
policy.
7.3. The superintendent or her designee shall
immediately file a report with the West Virginia Department of Education
of all reports of harassment or violence when investigation shows that
harassment or violence did occur and all action taken in response to the incident.
8.0 Reprisal.
8.1. The Barbour County Board of Education
has developed discipline procedures to take appropriate action against any
pupil, teacher, administrator or other school personnel who retaliates against
any person who reports alleged religious/ethnic, racial or sexual harassment or
violence or any person who testifies, assists or participates in an
investigation, or who testifies, assists or participates in a proceeding or
hearing relating to such harassment or violence. Retaliation includes, but is
not limited to, any form of intimidation, reprisal or harassment. Barbour
County Schools has also developed a discipline process to take appropriate
action against any pupil, teacher, or administrator or other school personnel
who falsely reports religious/ethnic, racial, or sexual harassment.
9.0 Right To Alternative Complaint
Procedures.
9.1. These procedures do not deny the right
of any individual to pursue other avenues of recourse which may include filing
charges with the West Virginia Human Rights Commission, initiating civil action
or seeking redress under the state criminal statutes and/or federal law.
10.0 Prevention Programs.
10.1. The Barbour County Board of Education
implements an education program for each programmatic level, K-4, 5-8, and
9-12, as well as a program for all faculty and staff. These programs raise
awareness of the different types of harassment, how it manifests itself, its
devastating emotional and educational consequences, and its legal consequences.
In addition, multicultural education programs must be developed and implemented
for faculty, staff and students to foster an attitude of understanding and
acceptance of individuals from a variety of cultural, ethnic, racial and
religious backgrounds.
11.0 Dissemination of Policy and Training.
11.1. This policy or a summary shall be
conspicuously posted throughout each Barbour County School's facilities in
areas accessible to pupils and staff members.
11.2. This policy shall appear in the student
and staff handbooks and if no handbook is available, a copy will be distributed
to all students, faculty, and staff.
11.3. Barbour County Schools provides
training for students and staff on these regulations and on means for
effectively promoting the goals of this policy.
11.4. This policy shall be reviewed at least bi-annually for compliance with state and federal law and state board of education policy.
20. Recommendation: Revise Policy G-25, Extra Curricular Assignments and
Compensation Policy, for first reading.
The Barbour County Board of Education supports the premise that extra curricular activities “round out” the educational experience of students. Therefore, the Barbour County Board of Education will annually enter into a separate contractual agreement with employees with regard to extra-curricular assignments in order to support diverse educational opportunities for students outside of the regular school day.
2.0 DEFINITION
Extra-curricular assignments shall mean, but is not limited to, any activities that occur at times other than during regularly scheduled work hours, which include the instructing, coaching, chaperoning, escorting, providing support services or caring for the needs of students, and which occur on a regularly scheduled basis.
Regular and/or normal responsibilities for teachers shall take place within the school day as defined by teacher contract. It is recognized that there are certain professional obligations expected of all teachers, such as attendance at faculty meetings, parent-teacher conferences, PTO, proms, graduation, etc., which will most likely take place outside normal school hours; however, these obligations shall be considered as part of the regular job.
The Board, Superintendent and/or his/her designee, along with the school administration and county administration, will be responsible for enforcing this policy.
3.0 APPLICATION
It is recognized that certain activities are more demanding than others and require an inordinate amount of time in comparison to the duties expected of other employees. Athletic Directors, Administrators and teacher under contract for 240-261 days will not be permitted to hold any coaching position without the Superintendent’s review and recommendation to the Board of Education. No person shall be assigned as head coach in more than one sport during any one athletic season (“season” shall be defined by the WVSSAC.) No high school coach shall serve as a head coach in more than two varsity sports. In addition, no varsity head-coaching contract shall be split or shared by two individuals. However, assistant-coaching positions may be split between two individuals provided they have the school principal’s and superintendent’s approval.
The maximum number of hours for each extracurricular assignment and rate of pay will be in accordance with the Board’s adopted guidelines. The terms and conditions of the agreement between the employee and the Board shall be documented in writing to the satisfaction of the Superintendent. An employee's contract of employment shall be separate from the extracurricular assignment agreement and shall not be conditioned upon the employee's acceptance or continuance of any extracurricular assignment.
21. Recommendation: Revise Policy G-32.1, Employment of Retired Teachers in
Areas of Critical Need and Shortage, for first reading.
1.0 Purpose.
The purpose of this policy is to provide for the employment of retired teachers as substitutes in areas of critical need and shortage.
2.0 Findings.
The Barbour County Board of Education hereby finds and determines that:
2.1 there presently exists within Barbour County, West Virginia, a critical need for substitute teachers in the areas of English, Language Arts, Speech, Journalism, Reading, Social Studies, Driver’s Education, Physical Education, Health, Librarian, Art, French, Spanish, Latin, German, Science (Chemistry, General Physics and Biology), Mathematics, Home Economics, Industrial Arts, Elementary Education, Business, Vocational and Technical, Special Education (all areas) and Music;
2.2 there is also a shortage of certified substitutes available to cover these areas of critical need; and
2.3 the Superintendent has recommended the Board adopt a policy permitting retired teachers to substitute for an unlimited numbers of days in order to help alleviate these critical needs shortages.
3.0 Policy.
The Barbour County Board of Education hereby adopts a policy to permit retired teachers to substitute for an unlimited number of days in the school year, without affecting such retiree’s monthly retirement benefit, in order to alleviate the critical needs and shortages identified above, all in accordance with the provisions of W.Va. Code 18A-2-3. The retired teachers may be employed as a substitute teacher in areas of critical need and shortage on an expanded basis only when no other teacher who holds a certification and training the area and who is not retired is available and accepts the substitute assignment.
4.0 Limitations.
4.1
Any person who
retires and begins work as a substitute teacher within the same employment term
shall lose those retirement benefits attributed to the annuity reserve,
effective from the first day of employment a retiree substitute in that
employment term and ending with the month following the date the retiree ceases
to perform service as a substitute.
4.2 Retired teachers employed to perform expanded substitute service pursuant to this policy are considered day-to-day, temporary, part-time employees. The substitute is not eligible for additional pension or other benefits paid to regularly employed employees and shall not accrue seniority.
4.3 When a retired teacher is employed as a substitute to fill a vacant position, the position shall continue to be posted until it is filled with a regularly employed teacher.
5.0 Effective Dates.
This policy shall be effective for school year 2007-2008 and may be renewed annually by the Board.
6.0 State Board Approval.
The Superintendent shall cause a copy of this policy to be transmitted to the West Virginia State Board of Education for its approval prior to employment of a retired teacher as a substitute beyond the period now permitted without affecting the retired teacher’s monthly retirement benefit.