Page

Motions

Meeting Called to Order

Licensee Discipline

Consent Agenda

Communication

Teacher Librarian – Adoption

Out-of-State Assessments - Adoption

School Counselor Class G License – Notice

Substitute Authorization – Notice

School Orientation and Mobility Specialist License – Deferred

Discussion – School Nurse – Deferred

Petitions for Waiver

Leadership Partnership Report

Adjournment

Jacqueline Wellborn moved, with a second by Brian Carter, that the Board go into closed session for the purposes of discussing whether to initiate licensee disciplinary proceedings, pursuant to Iowa Code sections 21.5(1)(d). MOTION CARRIED UNANIMOUSLY.

Ying Ying Chen moved, with a second by William Haigh, that in case number 05-26, In the Matter of: Jason Lambert, the Board accept the Respondent’s waiver of hearing and voluntary surrender and that the Board issue an order permanently revoking the Respondent’s license with no possibility of reinstatement. Roll call vote: Aboud – yes; Wellborn – yes; Seeland – yes; Carter – yes; Chen – yes; Henderson – yes; Haigh – yes; and Paulsen – yes. MOTION CARRIED UNANIMOUSLY.

William Haigh moved, with a second by Ying Ying Chen, that in case number 05-24, In the Matter of: Logan Peitscher, the Board probable cause to establish a violation of the following provisions of the Code of Professional Conduct and Ethics: 282—25.3(1)(c) and (e)(4), and order this case set for hearing. Roll call vote: Haigh – yes; Henderson – yes; Chen – yes; Carter – yes; Seeland – yes; Wellborn – yes; Aboud – yes; and Paulsen – yes. MOTION CARRIED UNANIMOUSLY.

Jacqueline Wellborn moved, with a second by William Haigh, that in case number 05-27, the Board find that the evidence gathered in the investigation, including witness statements and the documentary evidence, does
not corroborate the allegations in the complaint, and that the Board, therefore, lacks probable cause to proceed with this matter. Roll call vote: Aboud – yes; Wellborn – yes; Seeland – yes; Carter – yes; Chen – yes; Henderson – recuse; Haigh – yes; and Paulsen – yes. MOTION CARRIED.

Ying Ying Chen moved, with a second by Jacqueline Wellborn, that in case number 05-28, the Board find that the evidence gathered in the investigation, including witness statements and the documentary evidence, does not corroborate the allegations in the complaint, and that the Board, therefore, lacks probable cause to proceed with this matter. Roll call vote: Carter – yes; Seeland – yes; Wellborn – yes; Aboud – yes; Paulsen – yes; Haigh – yes; Henderson – yes; and Chen – yes. MOTION CARRIED UNANIMOUSLY.

Ying Ying Chen moved, with a second by William Haigh, that in case number 05-37, James Patera, Supterintendent, Oelwein CSD v. Keith Medema, the Board probable cause to establish a violation of the following provision of the Code of Professional Conduct and Ethics: 282—25.3(5)(a)(3), and order this case set for hearing. Roll call vote: Aboud – no; Wellborn – yes; Seeland – yes; Carter – yes; Chen – yes; Henderson – yes; Haigh – yes; and Paulsen – yes. MOTION CARRIED.

William Haigh moved, with a second by Ying Ying Chen, that in case number 05-38, the Board find that the evidence gathered in the investigation, including witness statements and the documentary evidence, does not corroborate the allegations in the complaint, and that the Board, therefore, lacks probable cause to proceed with this matter. Roll call vote: Haigh – yes; Henderson – yes; Chen – yes; Carter – yes; Seeland – yes; Wellborn – yes; Aboud – yes; and Paulsen – yes. MOTION CARRIED UNANIMOUSLY.

Jacqueline Wellborn moved, with a second by William Haigh, that in case number 05-31, the Board extend the 180-day deadline for issuance of the final decision, due to the need for additional time to conduct a hearing, prepare a proposed decision, and review the proposed decision by the Board. Roll call vote: Aboud – yes; Wellborn – yes; Seeland – yes; Carter – yes; Chen – yes; Henderson – yes; Haigh – yes; and Paulsen – yes. MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Jeffrey Henderson, to approve the December 9, 2006, minutes, as distributed. MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Jacqueline Wellborn, to adopt and file the proposed changes to Chapter 14 rules on the teacher librarian (formerly media specialist) endorsement, which reflect the current terminology and practice in school libraries. Roll call vote: Haigh – yes; Henderson – yes; Chen – yes; Carter – yes; Seeland – yes; Wellborn – yes; Aboud – yes; and Paulsen – yes. MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Jeffrey Henderson, to adopt and file the proposed changes to Chapter 14 rules that provide a means for out-of-state applicants to demonstrate an equivalent assessment similar to the multiple measures used by in-state teacher preparation programs. Roll call vote: Aboud – yes; Wellborn – yes; Seeland – yes; Carter – yes; Chen – yes; Henderson – yes; Haigh – yes; and Paulsen – yes. MOTION CARRIED UNANIMOUSLY.

Jean Seeland moved, with a second by Brian Carter, to file under Notice of Intended Action, the proposed changes to Chapter 14 rules that would inaugurate a Class G School Guidance Counselor license. Roll call vote: Haigh – yes; Henderson – yes; Chen – yes; Carter – yes; Seeland – yes; Wellborn – yes; Aboud – yes; and Paulsen – yes. MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Jean Seeland, to file under Notice of Intended Action, the changes to Chapter 14 rules that extend the duration of the substitution authorization to three years, but only increase the renewal requirements from one to two credits, in order to provide additional time for the person holding the authorization to acquire the necessary credits needed for renewal. Roll call vote: Carter – yes; Chen – yes; Henderson – yes; Haigh – yes; Paulsen – yes; Aboud – yes; Wellborn – yes; and Seeland – yes. MOTION CARRIED UNANIMOUSLY.

Jeffrey Henderson moved, with a second by Jean Seeland, that in PFW 05-05, Jennifer E. Herzog, the Board grant the Petition for Waiver. MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Brian Carter, that in PFW 05-06, Karolyn K. Kane, the Board grant the Petition for Waiver. MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Brian Carter, that in PFW 06-01,
Gayle T. Casel, the Board grant the Petition for Waiver. MOTION CARRIED UNANIMOUSLY.

The Board of Educational Examiners held its monthly meeting on February 2, 2006. Board Vice-Chair Thomas Paulsen called the meeting to order at 9:02 a.m. Members attending were John Aboud, Brian Carter, Ying Ying Chen, William Haigh, Jeffrey Henderson, Thomas Paulsen, Jean Seeland, and Jacqueline Wellborn. Also in attendance were Dr. George Maurer, Executive Director of the Board; Christie Scase, Assistant Attorneys General and legal counsel to the Board; Barbara Hendrickson, Board Secretary; and other visitors. Board Chair Judy Jeffrey, Greg Robinson and Beverly Smith were unable to attend the meeting.

Jacqueline Wellborn moved, with a second by Brian Carter, that the Board go into closed session for the purposes of discussing whether to initiate licensee disciplinary proceedings, pursuant to Iowa Code sections 21.5(1)(d). MOTION CARRIED UNANIMOUSLY.

The Board reconvened into open session at 9:38 a.m.

Ying Ying Chen moved, with a second by William Haigh, that in case number 05-26, In the Matter of: Jason Lambert, the Board accept the Respondent’s waiver of hearing and voluntary surrender and that the Board issue an order permanently revoking the Respondent’s license with no possibility of reinstatement. Roll call vote: Aboud – yes; Wellborn – yes; Seeland – yes; Carter – yes; Chen – yes; Henderson – yes; Haigh – yes; and Paulsen – yes. MOTION CARRIED UNANIMOUSLY.
William Haigh moved, with a second by Ying Ying Chen, that in case number 05-24, In the Matter of: Logan Peitscher, the Board probable cause to establish a violation of the following provisions of the Code of Professional Conduct and Ethics: 282—25.3(1)(c) and (e)(4), and order this case set for hearing. Roll call vote: Haigh – yes; Henderson – yes; Chen – yes; Carter – yes; Seeland – yes; Wellborn – yes; Aboud – yes; and Paulsen – yes. MOTION CARRIED UNANIMOUSLY.

Jacqueline Wellborn moved, with a second by William Haigh, that in case number 05-27, the Board find that the evidence gathered in the investigation, including witness statements and the documentary evidence, does
not corroborate the allegations in the complaint, and that the Board, therefore, lacks probable cause to proceed with this matter. Roll call vote: Aboud – yes; Wellborn – yes; Seeland – yes; Carter – yes; Chen – yes; Henderson – recuse; Haigh – yes; and Paulsen – yes. MOTION CARRIED.

Ying Ying Chen moved, with a second by Jacqueline Wellborn, that in case number 05-28, the Board find that the evidence gathered in the investigation, including witness statements and the documentary evidence, does not corroborate the allegations in the complaint, and that the Board, therefore, lacks probable cause to proceed with this matter. Roll call vote: Carter – yes; Seeland – yes; Wellborn – yes; Aboud – yes; Paulsen – yes; Haigh – yes; Henderson – yes; and Chen – yes. MOTION CARRIED UNANIMOUSLY.

Ying Ying Chen moved, with a second by William Haigh, that in case number 05-37, James Patera, Supterintendent, Oelwein CSD v. Keith Medema, the Board probable cause to establish a violation of the following provision of the Code of Professional Conduct and Ethics: 282—25.3(5)(a)(3), and order this case set for hearing. Roll call vote: Aboud – no; Wellborn – yes; Seeland – yes; Carter – yes; Chen – yes; Henderson – yes; Haigh – yes; and Paulsen – yes. MOTION CARRIED.
William Haigh moved, with a second by Ying Ying Chen, that in case number 05-38, the Board find that the evidence gathered in the investigation, including witness statements and the documentary evidence, does not corroborate the allegations in the complaint, and that the Board, therefore, lacks probable cause to proceed with this matter. Roll call vote: Haigh – yes; Henderson – yes; Chen – yes; Carter – yes; Seeland – yes; Wellborn – yes; Aboud – yes; and Paulsen – yes. MOTION CARRIED UNANIMOUSLY.

Jacqueline Wellborn moved, with a second by William Haigh, that in case number 05-31, the Board extend the 180-day deadline for issuance of the final decision, due to the need for additional time to conduct a hearing, prepare a proposed decision, and review the proposed decision by the Board. Roll call vote: Aboud – yes; Wellborn – yes; Seeland – yes; Carter – yes; Chen – yes; Henderson – yes; Haigh – yes; and Paulsen – yes. MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Jeffrey Henderson, to approve the December 9, 2006, minutes, as distributed. MOTION CARRIED UNANIMOUSLY.

Jean Seeland expressed gratitude to staff members for recent help given to practitioners in Waterloo on their licensure questions. Jacqueline Wellborn expressly thanked Administrative Consultant Susan Fischer and Licensure Consultant Jane Heinsen for their regular assistance to her colleagues. Board Secretary Barbara Hendrickson was also thanked for her efforts on behalf of board members. Board Vice-Chair Thomas Paulsen then extended the compliments to all staff members, expressing the appreciation of the Board for the good work that staff members do.

Ying Ying Chen had another opportunity to give an ethics presentation at Area Education Agency (AEA) 10, this time to new teachers, using the PowerPoint materials that AEA 11 developed. She has made herself available to AEA 10 for imparting the information, and the AEA has scheduled meetings accordingly.
Board Vice-Chair Thomas Paulsen noted that no one wished to address the Board during the time for Public Comment.

Executive Director Dr. George Maurer reported on a number of issues:
1) He requested board member input on the legislative reception held the previous afternoon. A breakfast meeting next year particularly interested board members for increasing legislator attendance.
2) He reviewed figures on the January monthly financial report.
3) He asked if board members had any questions on House Study Bills 565 and 566.
4) He referred to a handout of data obtained from boards in other state agencies that reflected the status of the various boards with respect to appropriations and fees. There was no consistency in the data, and Dr. Maurer thought the Board could not yet make an argument based on the information provided. The Board of Educational Examiners (BoEE) is the only board without an appropriation, but Dr. Maurer will continue to examine the specifics to see if there may yet be something permitted within the rules of one of the other agencies that may put the BoEE in a more favorable light.
5) He guided the Board through a list of work assignments based on a Kaizen Event planning process held December 12-14. The objective was to be more effective and efficient in the steps in processing licenses. Administrative Consultant Susan Fischer believes that the staff thought the experience was positive and helpful. Of particular significance is recent program capability, with record of an E-mail address, of E-mail renewal notification to licensees one year and also one month prior to expiration of their license(s). Avenues will continue to be explored for opportunities to obtain licensee E-mail addresses in order to streamline system capabilities. Plans for online renewal include acceptance of licensees’ input of their renewal credits, with a back-up paper audit required of perhaps one out of ten renewal applicants. This would necessitate a change in administrative rules. In response to a question from Board Member Jean Seeland, it was noted that the AEAs keep a record of when practitioners have completed their required child and dependent adults abuse training.
6) He reported that all but two staff computers have been replaced. Machines that manage the visual imaging system may need to be replaced, however, since an upgrade of the current program is almost as costly due to translation between systems. Less costly and more long-term options, including other programs, are being investigated. Optimal rotation with new machines should occur about every four years.
7) He stated that there is movement forward on all Board goals. Board Member Jean Seeland said that the rule change that required a fee for failure to have appropriate licensure had resulted in significant stress and strife among colleagues. She recommended constituent input on the situation, clarification of related issues, and airing of concerns and suggested general communication and discussion of the impact of some of the Board’s rules. She said that the Board needs to retain its very high standards, but Board actions must be “user-friendly” to the people. The board retreat would be a good time for this, and representatives of the School Administrators of Iowa (SAI), the Iowa Association of School Boards (IASB) and the Iowa State Education Association (ISEA), as well as practitioners themselves, would be participants in such a review. Dr. Maurer will pursue this theme for the retreat and return to the March meeting with some initial particulars.
8) He presented to the Board a teacher preparation handout on the decline in the number of student teachers statewide by teacher preparation institution, prepared by Department of Education (DE) Practitioner Preparation Consultant Arlie Willems. A line item report by content area will be forthcoming in the next month or two. Board members had a few ideas about reasons for the decline and had questions about related data that Dr. Maurer said could be made available to the Board.

The Board recessed from 10:29 a.m. to 10:41 a.m.

The Board turned its attention to administrative rules. Revisions changing the medial specialist endorsement to the teacher librarian endorsement were made in response to a request from members of the profession, and the revisions were supported by the executive boards of the Iowa Library Association and the Iowa Association of School Librarians, and the heads of the respective programs at the University of Iowa and the University of Northern Iowa. John Aboud moved, with a second by Jacqueline Wellborn, to adopt and file the proposed changes to Chapter 14 rules on the teacher librarian (formerly media specialist) endorsement, which reflect the current terminology and practice in school libraries. Roll call vote: Haigh – yes; Henderson – yes; Chen – yes; Carter – yes; Seeland – yes; Wellborn – yes; Aboud – yes; and Paulsen – yes. MOTION CARRIED UNANIMOUSLY.

In looking at proposed amendments to administrative rules that would meet the No Child Left Behind (NCLB) requirements for out-of-state applicants, Executive Director Dr. George Maurer mentioned his attendance the previous week at a legislative committee meeting on Senate Study Bill 3021, which deals with this issue. Dr. Maurer assured the Senators that the proposed Board rule would satisfy the requirements of that bill. He encouraged the committee to recognize that if Board rule, rather than statute, prevails on this issue, then if NCLB changes, the Board will be able to react faster to meet the need. John Aboud moved, with a second by Jeffrey Henderson, to adopt and file the proposed changes to Chapter 14 rules that provide a means for out-of-state applicants to demonstrate an equivalent assessment similar to the multiple measures used by in-state teacher preparation programs. Roll call vote: Aboud – yes; Wellborn – yes; Seeland – yes; Carter – yes; Chen – yes; Henderson – yes; Haigh – yes; and Paulsen – yes. MOTION CARRIED UNANIMOUSLY.

Currently, a person can only serve as a school guidance counselor if the person has completed a school counseling program or is eligible for a Class B two-year conditional license to serve as a counselor. To obtain a Class B license, the person must first be the holder of a valid teaching license. Iowa counselor educator program coordinators have recommended an option whereby they would verify the individuals could competently serve as school guidance counselors after the individuals had completed all of the school guidance counseling coursework required prior to a practicum or internship, while completing the remaining requirements. Many of these individuals would be more highly prepared to serve as school guidance counselors than teachers who are under a Class B license and have only completed 15 hours in counseling. In addition, with respect to a proposal from the State Board of Education to mandate once again a requirement for school counselors, the proposed Class G license would enable small schools to have an option when they cannot find a licensed school guidance counselor. Staff members replied confidently to significant clarifying questions posed by board members. Jean Seeland moved, with a second by Brian Carter, to file under Notice of Intended Action, the proposed changes to Chapter 14 rules that would inaugurate a Class G School Guidance Counselor license. Roll call vote: Haigh – yes; Henderson – yes; Chen – yes; Carter – yes; Seeland – yes; Wellborn – yes; Aboud – yes; and Paulsen – yes. MOTION CARRIED UNANIMOUSLY.

Amendments to the substitute authorization were proposed to assist those individuals who are having difficulty gaining the hours needed to renew the license annually. John Aboud moved, with a second by Jean Seeland, to file under Notice of Intended Action, the changes to Chapter 14 rules that extend the duration of the substitution authorization to three years, but only increase the renewal requirements from one to two credits, in order to provide additional time for the person holding the authorization to acquire the necessary credits needed for renewal. Roll call vote: Carter – yes; Chen – yes; Henderson – yes; Haigh – yes; Paulsen – yes; Aboud – yes; Wellborn – yes; and Seeland – yes. MOTION CARRIED UNANIMOUSLY.

Executive Director Dr. George Maurer told the Board that a number of significant licensure, though not content or program requirement, questions had arisen with regard to the proposed Notice of Intended Action for the orientation and mobility specialist license. The Board, consequently, did not act upon the matter at this meeting.
Presentation by Barb Allen of the Iowa School Nurse Organization on the petition for adoption of rules relating to a Statement of Professional Recognition (SPR) was deferred to March meeting. Executive Director Dr. George Maurer and Assistant Attorney General and legal counsel to the Board Christie Scase offered some comment and clarification about SPRs for the time being.

Jennifer Herzog submitted a petition to waive the new mathematics endorsement rules and to allow her to complete the requirements under the rules in effect prior to December 2004. She holds a standard license with endorsements for the general elementary classroom and special education. She has completed 12 of the 24 semester hours required for the secondary mathematics endorsement, but the requirements changed while she was completing the coursework. She planned her program based on the old rules, and it would take considerable time and money to complete the new requirements. Jeffrey Henderson moved, with a second by Jean Seeland, that in PFW 05-05, Jennifer E. Herzog, the Board grant the Petition for Waiver. MOTION CARRIED UNANIMOUSLY.

Karolyn Kane asked the Board to waive the requirement that a Class B license can only be granted to someone who holds a valid teaching license and to allow her to serve as the school guidance counselor for the remainder of the school year. The school contracted her services to serve as a social worker but would also like her to take on some school guidance responsibilities. The district lost its counselor at the end of the first semester and has been unable to find a fully licensed school guidance counselor. School officials are also aware of the proposal before the Board to issue a conditional license to an individual to serve as a school guidance counselor while the person is completing the guidance program. John Aboud moved, with a second by Brian Carter, that in PFW
05-06, Karolyn K. Kane, the Board grant the Petition for Waiver. MOTION CARRIED UNANIMOUSLY.

Gayle Casel, who applied for a substitute authorization, requested that the Board waive the requirement that the baccalaureate degree must be through a regionally accredited institution. She completed a Bachelor of Science degree in health services management from California College for Health Services, which is accredited by the Accrediting Commission of the Distance Education and Training Council (DETC). The Accrediting Commission of the DETC is listed by the U.S. Department of Education as a national recognized accrediting agency and is a recognized member of the Council for High Education Accreditation. Ms. Casel has teaching experience with the Red Cross and has accepted a position as an adjunct professor at the University of Dubuque. Substitute teaching was going to be a large portion of her income while she is working on her master’s degree. This petition raised the question of regional accreditation versus state accreditation, with potential attendant difference in quality level standards, and Executive Director Dr. George Maurer said this brought up the issue of terminology and what level of accountability the Board would like to see from the various states with which Iowa deals. Administrative Consultant Susan Fischer said that staff is just beginning to look into other accrediting bodies such as the DETC because of distance education and online programs. The Board urged staff to follow through with examination of such associations. John Aboud moved, with a second by Brian Carter, that in PFW 06-01,
Gayle T. Casel, the Board grant the Petition for Waiver. MOTION CARRIED UNANIMOUSLY.

The Board recessed for lunch at 11:32 a.m. and reconvened at 12:30 p.m.

Dr. Veronica Stalker, a former member of the Board who is Assistant Director for the DE’s Wallace Foundation grant, now in its fifth year, gave a presentation on the work being done. She wove a vision in which all the professional preparation programs work together to design programs built around the Iowa Standards for School Leaders and have a shared commitment to send quality administrative leaders into the schools, resulting from a single system of leadership development in Iowa. She used a handout to show processes/components and products/results of various aspects of the Leadership Partnership initiative. She identified some key accomplishments, showed what is still in progress, and invited the Board to dream with her about what might come next.

Board Member John Aboud mentioned the Institute for Tomorrow’s Workplace, a group of prominent Iowans created last year by Governor Vilsack and the legislature to propose changes to Iowa’s educational systems, and asked if someone from the group could visit with the Board about what is being done. Executive Director Dr. George Maurer said he believed that former DE Director William Lepley has participated in the group and that he would contact Dr. Lepley to address the Board at a future meeting.

There being no further business, Board Vice-Chair Thomas Paulsen adjourned the meeting at 1:07 p.m.