Table of Contents

Motions

Meeting Called to Order

Licensee Discipline

Consent Agenda

Communication

Conditional and Emergency License Name Changes - Notice

Requirements for a Standard License - Notice

Petitions for Waiver

Discussion of Prefiled Bill by Elder Affairs

Discussion of Display of Licenses

Discussion of Removal of Endorsements

Discussion of Senate File 476 and House File 2549

(Teacher Quality Legislation)

Adjournment

Anita Westerhaus moved, with a second by Jean Seeland, that the Board go into closed session for the purposes of discussing whether to initiate licensee disciplinary proceedings and discussing the decision to be rendered in a contested case, pursuant to Iowa Code sections 21.5(1)(d) and 21.5(1)(f).

Roll call vote: Haigh - yes; Paulsen - yes; Aboud - yes; Westerhaus - yes; Seeland - yes; Lewis - yes; Carter - yes; Chen - yes; Jeffrey - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

Jean Seeland moved, with a second by William Haigh, that in case numbers 02-02 and 02-03, the Board initiate review of the proposed decision to examine whether the proposed sanction is appropriate in light of the findings. Roll call vote: Jeffrey - yes; Chen - yes; Carter - yes; Lewis - yes; Seeland - yes; Westerhaus - yes; Aboud - yes; Paulsen - yes; Haigh - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

Anita Westerhaus moved, with a second by Jean Seeland, that in case number 02-21, the Board find that the evidence gathered in the investigation, due, in part, to the witnesses' failure to cooperate and the lack of 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; Paulsen - yes; Aboud - yes; Westerhaus - yes; Seeland - yes; Lewis - yes; Carter - yes; Chen - yes; Jeffrey - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

William Haigh moved, with a second by Anita Westerhaus, that in case number 02-25, the Board find probable cause to establish a violation of IAC 12.2(1), 12.3(1)(c), 13.9(4), 13.12(3), (4) and (8) and order this case set for hearing.

Roll call vote: Jeffrey - yes; Chen - yes; Carter - yes; Lewis - yes; Seeland - yes; Westerhaus - yes; Aboud - yes; Paulsen - yes; Haigh - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

Jean Seeland moved, with a second by William Haigh, that in case number

02-22, the Board extend the 180-day deadline for issuance of the final decision, based upon delay in investigation due to other pending investigations. Roll call vote: Haigh - yes; Paulsen - yes; Aboud - yes; Westerhaus - yes; Seeland - yes; Lewis - yes; Carter - yes; Chen - yes; Jeffrey - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

Anita Westerhaus moved, with a second by Jean Seeland, that in case number

02-23, the Board extend the 180-day deadline for issuance of the final decision, based upon delay in investigation due to difficulties in scheduling interviews. Roll call vote: Jeffrey - yes; Chen - yes; Carter - yes; Lewis - yes; Seeland - yes; Westerhaus - yes; Aboud - yes; Paulsen - yes; Haigh - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

Anita Westerhaus moved, with a second by Helen Lewis, to approve the December 13, 2002, minutes, as distributed. MOTION CARRIED UNANIMOUSLY.

Judy Jeffrey moved, with a second by Jean Seeland, to file under Notice of Intended Action, the proposed changes to Chapter 14 that replace, with alpha characters, the words "conditional" and "emergency" in the names of licenses. Roll call vote: Haigh - yes; Paulsen - yes; Aboud - yes; Westerhaus - yes; Seeland - yes; Lewis - yes; Carter - yes; Chen - yes; Jeffrey - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Brian Carter, that in PFW 02-27, Edwin Termuende, the Board deny the Petition for Waiver. Roll call vote: Haigh - yes; Paulsen - yes; Aboud - yes; Westerhaus - yes; Seeland - yes; Lewis - yes; Carter - yes; Chen - yes; Jeffrey - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Helen Lewis, that in PFW 02-28, Tamara Lynn Baldes, the Board deny the Petition for Waiver. Roll call vote: Jeffrey - yes; Chen - yes; Carter - yes; Lewis - yes; Seeland - yes; Westerhaus - yes; Aboud - yes; Paulsen - yes; Haigh - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Thomas Paulsen, to file under Notice of Intended Action, the proposed changes to Chapter 14 that clarify the criteria for movement from an initial license to a standard license and that address those with nonpublic or out-of-state experience. Roll call vote: Jeffrey - yes; Chen - yes; Carter - yes; Lewis - yes; Seeland - yes; Westerhaus - yes; Aboud - yes; Paulsen - yes; Haigh - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

The Board of Educational Examiners held its monthly meeting on January 17, 2003. The meeting was called to order by the Board Vice-Chair, Peter Hathaway, at 8:31 a.m. Members attending were John Aboud, Brian Carter, Ying Ying Chen, William Haigh, Peter Hathaway, Judy Jeffrey, Helen Lewis, Thomas Paulsen, Jean Seeland and Anita Westerhaus. Also in attendance were Dr. Anne Kruse, Executive Director of the Board; Christie Scase, Assistant Attorney General and legal counsel to the Board; Barbara Hendrickson, Board Secretary; and other visitors. Board Member Veronica Stalker was unable to attend the meeting, and Ms. Scase left at 10:27 a.m.

Anita Westerhaus moved, with a second by Jean Seeland, that the Board go into closed session for the purposes of discussing whether to initiate licensee disciplinary proceedings and discussing the decision to be rendered in a contested case, pursuant to Iowa Code sections 21.5(1)(d) and 21.5(1)(f).

Roll call vote: Haigh - yes; Paulsen - yes; Aboud - yes; Westerhaus - yes; Seeland - yes; Lewis - yes; Carter - yes; Chen - yes; Jeffrey - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

The Board reconvened into open session at 9:19 a.m.

Jean Seeland moved, with a second by William Haigh, that in case numbers 02-02 and 02-03, the Board initiate review of the proposed decision to examine whether the proposed sanction is appropriate in light of the findings. Roll call vote: Jeffrey - yes; Chen - yes; Carter - yes; Lewis - yes; Seeland - yes; Westerhaus - yes; Aboud - yes; Paulsen - yes; Haigh - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

Anita Westerhaus moved, with a second by Jean Seeland, that in case number 02-21, the Board find that the evidence gathered in the investigation, due, in part, to the witnesses' failure to cooperate and the lack of 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; Paulsen - yes; Aboud - yes; Westerhaus - yes; Seeland - yes; Lewis - yes; Carter - yes; Chen - yes; Jeffrey - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

William Haigh moved, with a second by Anita Westerhaus, that in case number 02-25, the Board find probable cause to establish a violation of IAC 12.2(1), 12.3(1)(c), 13.9(4), 13.12(3), (4) and (8) and order this case set for hearing.

Roll call vote: Jeffrey - yes; Chen - yes; Carter - yes; Lewis - yes; Seeland - yes; Westerhaus - yes; Aboud - yes; Paulsen - yes; Haigh - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

Jean Seeland moved, with a second by William Haigh, that in case number

02-22, the Board extend the 180-day deadline for issuance of the final decision, based upon delay in investigation due to other pending investigations. Roll call vote: Haigh - yes; Paulsen - yes; Aboud - yes; Westerhaus - yes; Seeland - yes; Lewis - yes; Carter - yes; Chen - yes; Jeffrey - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

Anita Westerhaus moved, with a second by Jean Seeland, that in case number

02-23, the Board extend the 180-day deadline for issuance of the final decision, based upon delay in investigation due to difficulties in scheduling interviews. Roll call vote: Jeffrey - yes; Chen - yes; Carter - yes; Lewis - yes; Seeland - yes; Westerhaus - yes; Aboud - yes; Paulsen - yes; Haigh - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

Anita Westerhaus moved, with a second by Helen Lewis, to approve the December 13, 2002, minutes, as distributed. MOTION CARRIED UNANIMOUSLY.

Board Member Anita Westerhaus distributed a questionnaire she developed on the topic of ethics for educators. She requested input from board members by the March meeting (preferably sooner), as she formulates the direction of her study during her sabbatical.

Board Member Helen Lewis gave an update on various issues facing the community colleges as they transition with the Department of Education through the elimination of licensure for faculty members.

Board Member Judy Jeffrey directed the Board to the Department of Education website for the Iowa Professional Development Model that the department designed under the Teacher Quality bill, which shows what high quality professional development should look like. The department also released school districts' self-evaluation of their own staff development plans. Department staff members are also in the process of establishing, with experts across the state, content area networks in reading, mathematics, and science, in order to comb the research so that the department can provide for school districts and teachers, the best information on research-based instructional strategies in those content areas. Such data is required under No Child Left Behind and Teacher Quality legislation.

Board Members John Aboud and Anita Westerhaus said they received positive comments from those viewing the new licenses.

Board Vice-Chair Peter Hathaway asked if there were any public comments. There were none.

Executive Director Dr. Anne Kruse reported briefly on a number of issues: the new licenses are being distributed; a vacant staff position was filled; the joint board meeting with the State Board of Education was rescheduled for September 12; staff is reviewing endorsements that need revision; staff is investigating the Western Governors University, a distance-learning university for completion of teacher preparation and reciprocity within 19 states west of the Mississippi River; the University of Phoenix has a distance-learning program for alternative preparation, which will likely soon seek Iowa approval; the hearing to implement legislation on crimes and founded child abuse reports was held; Assistant Attorney Christie Scase will participate next week in a district court case that was an outgrowth of a complaint; next week is also a Joint Education Appropriations Committee meeting regarding Board budget and functions; the Board received documentation of a waiver granted by Education Department Director Ted Stilwill to adjust student teaching requirements; the Executive Director will continue to update the Board on pertinent legislative activities; and the Board was asked to review potential board meeting dates through the end of the calendar year.

The Board next discussed proposed rules to alter the names of the various Iowa conditional licenses by replacing the words "conditional" and "emergency" with alpha characters. The terms to be changed appear to indicate to various national surveys and federal interpretation that a person has not yet attained minimal state licensure. The modifications would eliminate the need to explain continually in such inquiries that all Iowa teachers are fully licensed and properly endorsed. Judy Jeffrey moved, with a second by Jean Seeland, to file under Notice of Intended Action, the proposed changes to Chapter 14 that replace, with alpha characters, the words "conditional" and "emergency" in the names of licenses. Roll call vote: Haigh - yes; Paulsen - yes; Aboud - yes; Westerhaus - yes; Seeland - yes; Lewis - yes; Carter - yes; Chen - yes;

Jeffrey - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

The Board began review of proposed rules to clarify the criteria for an individual to move from an initial license to a standard license and to address individuals whose experience has been in a nonpublic school or out-of state. Due to a desire to use language paralleling current rules on the topic filed by the Department of Education, the Board tabled further examination until the exact phraseology was available later in the meeting.

Edwin Termuende requested a waiver of the requirement for three years of elementary teaching experience prior to issuance of an elementary administrator license. He served as an elementary administrator out-of-state and now accepted a position as administrator of an Iowa accredited nonpublic school. He holds no Iowa license, his Illinois K-14 administrative license expired, and he provided no information about the scope of his teaching experience. The Board believed that Mr. Termuende or his employer should have verified Mr. Termuende's eligibility to obtain an appropriate Iowa administrator's license before the position was offered and accepted. John Aboud moved, with a second by Brian Carter, that in PFW 02-27, Edwin Termuende, the Board deny the Petition for Waiver. Roll call vote: Haigh - yes; Paulsen - yes; Aboud - yes; Westerhaus - yes; Seeland - yes; Lewis - yes; Carter - yes; Chen - yes; Jeffrey - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

Tamara Lynn Baldes filed a petition to waive the student teaching requirement associated with obtaining the 7-12 learning disabilities endorsement. She holds an initial license with the elementary learning disabilities endorsement. She had three and one-half years of experience as an associate in an alternative high school. Ms. Baldes is eligible to obtain a conditional license allowing her to teach 7-12 learning disabilities while she completes the requirements for licensure in this area. John Aboud moved, with a second by Helen Lewis, that in PFW 02-28, Tamara Lynn Baldes, the Board deny the Petition for Waiver. Roll call vote: Jeffrey - yes; Chen - yes; Carter - yes; Lewis - yes; Seeland - yes; Westerhaus - yes; Aboud - yes; Paulsen - yes; Haigh - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

The Board recessed from 10:27 a.m. to 10:45 a.m.

Executive Director Dr. Anne Kruse briefed the Board on the status of a prefiled bill submitted by the Department of Elder Affairs. The Executive Directors of the Medical, Dental, and Nursing Boards had joined Dr. Kruse in encouraging the department to pull the bill, but it did not. The bill would eliminate the combined child and dependent adult abuse course and require two separate clock hours of training in each area. This would impose considerable burden on 50,000 educators. Also, enormous amounts of time had been taken to review hundreds of combined courses, and it would take hundreds of additional hours for review of separate programs. The Board agreed that Dr. Kruse's stance represented a consensus of the Board.

The Board discussed a requirement for practitioners to display their license(s). While not desiring to burden practitioners with an additional mandate, the Board would like, nevertheless, to promote pride and professionalism among the schools' certified staff. Board members suggested other ideas to promote display, outside of rule.

The Board returned to the subject of proposed rules on a standard license, which had been tabled earlier. John Aboud moved, with a second by Thomas Paulsen, to file under Notice of Intended Action, the proposed changes to Chapter 14 that clarify the criteria for movement from an initial license to a standard license and that address those with nonpublic or out-of-state experience. Roll call vote: Jeffrey - yes; Chen - yes; Carter - yes; Lewis - yes; Seeland - yes; Westerhaus - yes; Aboud - yes; Paulsen - yes; Haigh - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

The Board recessed for lunch at 11:15 a.m. and reconvened at 12:17 p.m.

The Board revisited the topic of removal of endorsements at the request of the practitioner. The consensus of the Board was to take no formal action at this time, but the licensure bureau will monitor inquiries of that nature made to the office.

The Board pondered concerns about the wording and possible implications of the Teacher Quality bill in the areas of the mentoring and induction requirement; the Iowa Teaching Standards; the Evaluator Training Program; and the Evaluator License. Board Member Judy Jeffrey responded to a number of queries about the bill.

Executive Director Dr. Anne Kruse alerted the Board to her request to the Governor's office that he meet with the Board on Thursday afternoon or Friday morning prior to the March 7 board meeting.

There being no further business, Board Vice-Chair Peter Hathaway adjourned the meeting at 1:20 p.m.