Table of Contents

Page

Motions

Meeting Called to Order

Licensee Discipline

Consent Agenda

Communication

School Orientation and Mobility License - Notice

School Nurse – Discussion

Letter of Reprimand Rule Update – Discussion

Audits of Renewal Requirements – Discussion

Proof of Legal Presence – Discussion

Teacher Preparation Report

Petition for Waiver

Adjournment

Ying Ying Chen moved, with a second by Jacqueline Wellborn, 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). MOTION CARRIED UNANIMOUSLY.

Jacqueline Wellborn moved, with a second by Ying Ying Chen, that in case number 03-33, Lewis Central Community Schools v. Chad Stalzer, the Board not initiate review of the proposed decision and allow the proposed decision to become the final decision of the Board unless an appeal is taken by one of the parties within the time allowed by rule. Roll call vote: Haigh – yes; Henderson – yes; Wellborn – yes; Carter – yes; Paulsen – yes; Robinson – yes; Seeland – yes; Chen – yes; Smith – yes; Aboud – yes; and Jeffrey – yes. MOTION CARRIED UNANIMOUSLY.

William Haigh moved, with a second by Jacqueline Wellborn, that in case number 05-36, In the Matter of: Barry Alan Miedema, the Board accept the stipulation and settlement submitted by the parties and issue an order incorporating the agreement of the parties and imposing the agreed-upon sanction. Roll call vote: Aboud – yes; Smith – yes; Chen – yes; Seeland – yes; Robinson – yes; Paulsen – yes; Carter – yes; Wellborn – yes; Henderson – yes; Haigh – yes; and Jeffrey – yes. MOTION CARRIED UNANIMOUSLY.

Ying Ying Chen moved, with a second by William Haigh, that in case number 05-39, In the Matter of: Leland Dirk Ayers, the Board find probable cause to establish a violation of the following provisions of the Code of Professional Conduct and Ethics: 282 IAC 25.3(1)(b)(1) and (2) and (1)(d) and order this case set for hearing. Roll call vote: Haigh – yes; Henderson – yes; Wellborn – yes; Carter – yes; Paulsen – yes; Robinson – yes; Seeland – yes; Chen – yes; Smith – yes; Aboud – yes; and Jeffrey – yes. MOTION CARRIED UNANIMOUSLY.

Jacqueline Wellborn moved, with a second by William Haigh, that in case number 05-32, 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; Smith – yes; Chen – yes; Seeland – yes; Robinson – yes; Paulsen – yes; Carter – yes; Wellborn – yes; Henderson – yes; Haigh – yes; and Jeffrey – yes. MOTION CARRIED UNANIMOUSLY.

Ying Ying Chen moved, with a second by Jacqueline Wellborn, that in case number 05-33, the Board extend the 180-day deadline for issuance of the final decision, due to the need for additional time to allow for the appeal period of the decision and to issue the final order in the case. Roll call vote: Haigh – yes; Henderson – yes; Wellborn – yes; Carter – yes; Paulsen – yes; Robinson – yes; Seeland – yes; Chen – yes; Smith – yes; Aboud – yes; and Jeffrey – yes. MOTION CARRIED UNANIMOUSLY.

The February 2, 2006, minutes were APPROVED WITHOUT OBJECTION, as distributed.

Jeffrey Henderson moved, with a second by Greg Robinson, to file under Notice of Intended Action, the proposed rules in Chapter 15 for the orientation and mobility license. MOTION CARRIED UNANIMOUSLY.

Board Member Jean Seeland moved, with a second by Beverly Smith, that the Board go on record endorsing all parts of the Iowa educator quality legislation. MOTION CARRIED UNANIMOUSLY. John Aboud moved, with a second by Jean Seeland, that in PFW 06-02, Dianne L. Koehler, the Board deny the Petition for Waiver, with the proviso that Ms. Koehler only need meet the student teaching requirement and whatever that Iowa institution’s program deems necessary in order for her to student teach. MOTION CARRIED UNANIMOUSLY.

The Board of Educational Examiners held its monthly meeting on March 3, 2006. Board Chair Judy Jeffrey called the meeting to order at 9:02 a.m. Members attending were John Aboud, Ying Ying Chen, William Haigh, Jeffrey Henderson, Judy Jeffrey, Thomas Paulsen, Greg Robinson, Jean Seeland, Beverly Smith and Jacqueline Wellborn. Also in attendance were Dr. George Maurer, Executive Director of the Board; Christie Scase, Assistant Attorney General and legal counsel to the Board; Barbara Hendrickson, Board Secretary; and other visitors. Brian Carter arrived at 9:07 a.m. and was absent from the afternoon session.

Ying Ying Chen moved, with a second by Jacqueline Wellborn, 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). MOTION CARRIED UNANIMOUSLY.

The Board reconvened into open session at 9:22 a.m.

Jacqueline Wellborn moved, with a second by Ying Ying Chen, that in case number 03-33, Lewis Central Community Schools v. Chad Stalzer, the Board not initiate review of the proposed decision and allow the proposed decision to become the final decision of the Board unless an appeal is taken by one of the parties within the time allowed by rule. Roll call vote: Haigh – yes; Henderson – yes; Wellborn – yes; Carter – yes; Paulsen – yes; Robinson – yes; Seeland – yes; Chen – yes; Smith – yes; Aboud – yes; and Jeffrey – yes. MOTION CARRIED UNANIMOUSLY.

William Haigh moved, with a second by Jacqueline Wellborn, that in case number 05-36, In the Matter of: Barry Alan Miedema, the Board accept the stipulation and settlement submitted by the parties and issue an order incorporating the agreement of the parties and imposing the agreed-upon sanction. Roll call vote: Aboud – yes; Smith – yes; Chen – yes; Seeland – yes; Robinson – yes; Paulsen – yes; Carter – yes; Wellborn – yes; Henderson – yes; Haigh – yes; and Jeffrey – yes. MOTION CARRIED UNANIMOUSLY.

Ying Ying Chen moved, with a second by William Haigh, that in case number 05-39, In the Matter of: Leland Dirk Ayers, the Board find probable cause to establish a violation of the following provisions of the Code of Professional Conduct and Ethics: 282 IAC 25.3(1)(b)(1) and (2) and (1)(d) and order this case set for hearing. Roll call vote: Haigh – yes; Henderson – yes; Wellborn – yes; Carter – yes; Paulsen – yes; Robinson – yes; Seeland – yes; Chen – yes; Smith – yes; Aboud – yes; and Jeffrey – yes. MOTION CARRIED UNANIMOUSLY.

Jacqueline Wellborn moved, with a second by William Haigh, that in case number 05-32, 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; Smith – yes; Chen – yes; Seeland – yes; Robinson – yes; Paulsen – yes; Carter – yes; Wellborn – yes; Henderson – yes; Haigh – yes; and Jeffrey – yes. MOTION CARRIED UNANIMOUSLY.

Ying Ying Chen moved, with a second by Jacqueline Wellborn, that in case number 05-33, the Board extend the 180-day deadline for issuance of the final decision, due to the need for additional time to allow for the appeal period of the decision and to issue the final order in the case. Roll call vote: Haigh – yes; Henderson – yes; Wellborn – yes; Carter – yes; Paulsen – yes; Robinson – yes; Seeland – yes; Chen – yes; Smith – yes; Aboud – yes; and Jeffrey – yes. MOTION CARRIED UNANIMOUSLY.

The February 2, 2006, minutes were APPROVED WITHOUT OBJECTION, as distributed.

Board members shared information on a number of items. Ying Ying Chen gave an update on her participation in the Leadership Partnership grant. Board Chair Judy Jeffrey mentioned that the Department of Education (DE) is charged with an overall evaluation of the entire Teacher Quality legislation due this next year. The previous week, following instruction in licensure by Licensure Consultant David Morgan to student teachers at Iowa Wesleyan College, Brian Carter had given a presentation on ethics. He used the presentation developed by Heartland Area Education Agency 11 that is available from the Board’s website. Mr. Carter said that the students rightly sensed that if they have a question about licensure or ethics, they know where to go. Executive Director Dr. George Maurer interjected that the ethics presentation will be available on video in the next month or two. Beverly Smith requested that board members be provided a copy of a DVD of the presentation when it becomes available. Jacqueline Wellborn put the URL of the ethics presentation and an information blurb in the union’s newsletter. She will make a presentation on ethics next month to the first- and second-year teachers in the school district at their respective mentor meetings. Jeffrey Henderson said he was pleased with the legislative bill setting a minimum number of hours for a school year instead of a number of days required in the classroom. William Haigh gave an ethics presentation with Licensure Consultant Jane Heinsen at the West Des Moines branch of Upper Iowa University.

Board Chair Judy Jeffrey reported that 31 Iowa teachers earned National Board Certification in 2005, bring the total to 489 since its inception in 1993, but there are fewer applicants each year. She said that the program had sunset, and so the DE must annually request an appropriation in order to keep the program alive. The DE this year has asked the legislature to commit to longer than one year for the program. The legislative proposal also includes plans to reinstitute some kind of support center for the National Board Certification process, as had been in place previously at the University of Northern Iowa. Ms. Jeffrey said that Teacher Quality legislation has not yet been adequately discussed in the legislature. There is a push, however, to raise teacher salaries, and the supply of new teachers does not match the demand generated by teacher retirements. She encouraged board members to commit to professional development as well as salaries and to communicate the importance of those needs to their communities. Teachers need the tools, resources and training to do the job of raising student achievement. The public must also understand the importance of ongoing professional development for teachers. Also not understood is how the rank in teacher salaries is coupled with low allowable growth.

There was no Public Comment.

Executive Director Dr. George Maurer reported on a number of issues:
1) He reviewed figures on the February monthly financial report.
2) He assessed House Study Bill 707 and Senate Study Bill 3115 regarding the allocation of licensure fees. The House bill allows the Board 75% and the General Fund 25%, with unlimited carryover; the Senate bill allows the Board 90% and the General Fund 10%, with a 15% carryover.
3) He showed the Board House Study Bill 735, which changes the timeline in the investigative process from 180 days for resolution of complaints to 120 days for determination of probable cause. The bill also suggests a reconfiguration of membership of the Board and checks of the sex offender registry, the central registry for child abuse information, and dependent adult abuse records for information on applicants for licensure renewal.
4) He said that, in anticipation of the board retreat, staff would develop focus groups from the different constituencies over the course of the next several months. Input from those groups would form the basis of some of the discussion at the board retreat.
5) He proposed a board meeting date next year of February 8, 2007, with a legislative breakfast reception held from 7:30 – 9:00 a.m. prior to the board meeting.
6) He asked board members to encourage practitioners to get their e-mail addresses into their licensure files so that renewal reminders can be sent one year and then one month prior to the expiration of their licenses. Practitioners can input their e-mail address themselves if they access their file with their social security number, folder number and date of birth. Other venues will also be used to communicate this accessibility.
7) Licensure Consultant Geri McMahon referred to draft documents entitled “Licensure Renewal Program Application” and “Licensure Renewal Annual Report Form.” She walked board members through the forms developed for those agencies making application to provide, and those already providing, coursework for licensure renewal.
8) Licensure Consultant Susan Fischer was unable to attend the meeting. Her report on the Alternative Certification Conference was deferred.

The Board recessed from 10:40 a.m. to 10:55 a.m.

Due to licensure questions that had arisen prior to the February board meeting, the Board took no action at that time on the proposed rules for the orientation and mobility license. Those issues were subsequently resolved. Jeffrey Henderson moved, with a second by Greg Robinson, to file under Notice of Intended Action, the proposed rules in Chapter 15 for the orientation and mobility license. MOTION CARRIED UNANIMOUSLY.

President Sharon Yearous, Barb Allen and Linda Goeldner attended the board meeting representing the Iowa School Nurse Association (ISNO). Ms. Yearous referred the Board to the ISNO’s petition that asked the Board to resume the practice of issuing Statements of Professional Recognition (SPR) to school nurses who meet the minimum requirements that the organization recommends. The ISNO believes that the requirements are equal to the minimum education and licensure/certification requirements for teachers. The material stated that the DE acknowledges that student achievement is very closely related to attendance and health. School nurses who monitor attendance and manage the health needs of students with chronic illnesses contribute to the students’ ability to succeed academically. The Board agreed to move the matter forward and consider proposed rules at probably the May meeting.

Executive Director Dr. George Maurer was scheduled to address the Administrative Rules Review Committee on March 10 about the proposed rules to remove a Letter of Reprimand from the public information access system. Dr. Maurer wanted to make sure that he had full understanding of the Board’s position in preparation for his testimony. Significant discussion followed. Board Chair Judy Jeffrey said in sum that, if questioned, Dr. Maurer can tell the committee that board members have differing opinions on the matter and that the vote was split at the time the rules were noticed. Furthermore, although the Iowa Association of School Boards requested that all of a potential employee’s background information, including all past letters of reprimand, be available to administrators via the public information access system, the view of other representative organizations should be sought in order to give appropriate value to those stakeholders’ judgment. Dr. Maurer said the rules would be presented for adoption at the April meeting.

The Board recessed for lunch at 11:43 a.m. and reconvened at 12:31 p.m. Jacqueline Wellborn rejoined the meeting at 12:33 p.m.

Executive Director Dr. George Maurer reported that as part of the Kaizen Training event, board staff explored ways to increase efficiency. One suggestion was to audit renewal requirements, as other licensing boards currently do. The Board looked at proposed rules requiring individuals selected for audit to send in documents proving completion of the requirements listed in IAC Chapter 17. The Board agreed to take the rulemaking to the next level. The Board considered administrative rules for its new Chapter 7, “Proof of Legal Presence.” The rules are needed to give practitioners and other interested people more notice of the requirements to prove legal presence in the United States. Given the Board’s agreement to move forward on the rules, Executive Director Dr. George Maurer said the Board would see the rules again whenever the timeframe for action corresponds appropriately with national timelines in a review of federal immigration.

DE Practitioner Preparation Consultant Dr. Arlie Willems led the Board in an examination of practitioner preparation statistics. One table showed the number of teacher candidates by endorsement yearly from 2003 projected through 2007; the other showed selected entries from the first chart with the percent of increase or decrease in the figures from one year to the next. The material indicated trends, i.e., whether there will be enough in the supply chain to fill the demand chain. Board Chair Judy Jeffrey provided additional information so that board members could understand the breadth of conditions. She then apprised the Board of some of the legislative packages that the DE is promoting to address the need in the shortage areas: The College Student Aid Commission and College Loan Liquidation Corporation are agreeable to putting more dollars into forgivable loans and to expand that program; tuition reimbursement and license fees would be paid for those individuals who are willing to go back to school and get the necessary endorsement; and the State would directly make an award of financial compensation to those practitioners. Iowa Associate of Colleges for Teacher Preparation President Dr. Barry Wilson said the figures were worrisome because the institutions recognize the need and want to respond to it and the regents institutions will again be underfunded by significant amounts. Ms. Jeffrey urged board members to political advocacy, when appropriate, for the needs of education. Board Member Jean Seeland moved, with a second by Beverly Smith, that the Board go on record endorsing all parts of the Iowa educator quality legislation. Executive Director Dr. George Maurer can communicate this to the legislators. Board Member John Aboud emphasized that this endorsement was a direct result of examination of the data. Ms. Jeffrey further lamented that stakeholders do not speak with a cohesive voice as a body of educators across all of the organizations. Dr. Willems said a beginning of a solution may result from portions of the Teacher Quality Enhancement Grant, which will offer opportunities for statewide contact and communication. Board member Jacqueline Wellborn added that her local association encourages educators to be politically active as individuals, and information is regularly provided to them. MOTION CARRIED UNANIMOUSLY.

Dianne Koehler submitted a petition to waive the requirement for a recommendation from a teacher preparation institution in order to obtain her Iowa teaching license. She graduated from Buena Vista University with a distributive major in the spring of 1985. She received a “D” in student teaching, so the cooperating teacher and the university did not recommend her for a teaching license. She subsequently taught in Arizona for five years and went through a mentoring program her first year. She included letters of recommendation and her evaluation. She has now successfully taught in Arizona for five years and would like to receive an Iowa teaching license. John Aboud moved, with a second by Jean Seeland, that in PFW 06-02, Dianne L. Koehler, the Board deny the Petition for Waiver, with the proviso that Ms. Koehler only need meet the student teaching requirement and whatever that Iowa institution’s program deems necessary in order for her to student teach. MOTION CARRIED UNANIMOUSLY.

Board Member John Aboud remarked that the timelines for professional practices investigations have improved dramatically. Executive Director Dr. George Maurer explained some of the changes that have streamlined the procedure. Assistant Attorney General and legal counsel to the Board Christie Scase then summarized the steps in the process once the Board has determined probable cause.

There being no further business, Board Chair Judy Jeffrey adjourned the meeting at 1:51 p.m.