Table of Contents

                                                  Page

Motions                                                  2

Meeting Called to Order                                        5

Licensee Discipline                                             5

Consent Agenda                                             7

Communication                                             7

Penalty for Failure to Have Appropriate Licensure - Notice               11

Application for a Licensure Program Submitted by NW Iowa Consortium     11

Discussion - Expansion of Eligibility to Initiate Complaints               12

Requirements for a Substitute Teacher’s License - First Reading          12

Out-of-State Applicants - Deferred                              13

Budget Update                                             13

Adjournment                                                  14

William Haigh moved, with a second by Ying Ying Chen, 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.

Ying Ying Chen moved, with a second by William Haigh, that in case number 04-23, In the Matter of: Sidney L. Graham, 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; Carter - yes; Seeland - yes; Robinson - yes; Chen - yes; Henderson - yes; Haigh - yes; and Jeffrey - yes. MOTION CARRIED UNANIMOUSLY.

William Haigh moved, with a second by Ying Ying Chen, that in case number 04-17, In the Matter of: John Thomas Fees, the Board acknowledge the local settlement and withdrawal of the complaint submitted by the parties; and dismiss the case without further proceedings. Roll call vote: Haigh - yes; Henderson - yes; Chen - yes; Robinson - yes; Seeland - yes; Carter - yes; Aboud - yes; and Jeffrey - yes. MOTION CARRIED UNANIMOUSLY.

Ying Ying Chen moved, with a second by William Haigh, that in case number 04-22, 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; Carter - yes; Seeland - yes; Robinson - yes; Chen - recuse; Henderson - yes; Haigh - yes; and Jeffrey - yes. MOTION CARRIED.

William Haigh moved, with a second by Ying Ying Chen, that in case number 05-02, In the Matter of: Timothy L. McCloud, the Board find probable cause to establish a violation of the following provision of the Code of Professional Conduct and Ethics: 282 IAC 25.3(6)(d) and order this case set for hearing. Roll call vote: Haigh - yes; Henderson - yes; Chen - yes; Robinson - yes; Seeland - yes; Carter - yes; Aboud - yes; and Jeffrey - yes. MOTION CARRIED UNANIMOUSLY.

Ying Ying Chen moved, with a second by William Haigh, that in case number 04-29, In the Matter of: Timothy J. Fienup, 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: Haigh - yes; Henderson - yes; Chen - yes; Robinson - yes; Seeland - yes; Carter - yes; Aboud - yes; and Jeffrey - yes. MOTION CARRIED UNANIMOUSLY.

Greg Robinson moved, with a second by Ying Ying Chen, to approve the March 31, 2005, minutes, as distributed. MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Brian Carter, to file under Notice of Intended Action, the proposed changes to Chapter 14 that would inaugurate a penalty for failure to have appropriate licensure, with the following modification to the descriptive clause: “if the practitioner holds a valid Iowa license but does not hold an endorsement for the type of service for which the person is employed.” MOTION CARRIED UNANIMOUSLY.

Jean Seeland moved, with a second by Brian Carter, that the Board allow initial approval for one year, subject to the outlined conditions, for the NWISI Consortium’s application to be a licensure renewal program provider. MOTION CARRIED ON A VOICE VOTE.

John Aboud moved, with a second by Jean Seeland, to accept as a First Reading the proposed changes to the rules for a substitute teacher’s license so that those who completed a teacher education program in the past but never applied for an Iowa teacher’s license can obtain a substitute teacher’s license and be able to substitute while they are completing the requirements for full licensure. In addition, an individual with an administrative license would be able to substitute teach while holding the administrator license. MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Brian Carter, to instruct the BoEE Executive Director to make all of the cuts possible at this time given the budgetary concerns and constraints. MOTION CARRIED UNANIMOUSLY.

The Board of Educational Examiners held its monthly meeting on May 5, 2005. Board Chair Judy Jeffrey called the meeting to order at 8:32 a.m. Members attending were John Aboud, Brian Carter, Ying Ying Chen, William Haigh, Jeffrey Henderson, Judy Jeffrey, Greg Robinson and Jean Seeland. Also in attendance were Dr. George Maurer, Executive Director of the Board; Jeanie Vaudt, Assistant Attorney General and legal counsel to the Board; Barbara Hendrickson, Board Secretary; and other visitors. Thomas Paulsen, Beverly Smith, Jacqueline Wellborn and Assistant Attorney General and legal counsel to the Board Christie Scase were unable to attend the meeting. Mr. Carter joined the afternoon session at 12:42 p.m., and Mr. Haigh left at 1:12 p.m.

Board Chair Judy Jeffrey welcomed the newest board member, Jeffrey Henderson, associate superintendent of schools of the Archdiocese of Dubuque.

William Haigh moved, with a second by Ying Ying Chen, 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 9:18 a.m.

Ying Ying Chen moved, with a second by William Haigh, that in case number 04-23, In the Matter of: Sidney L. Graham, 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; Carter - yes; Seeland - yes; Robinson - yes; Chen - yes; Henderson - yes; Haigh - yes; and Jeffrey - yes. MOTION CARRIED UNANIMOUSLY.

William Haigh moved, with a second by Ying Ying Chen, that in case number 04-17, In the Matter of: John Thomas Fees, the Board acknowledge the local settlement and withdrawal of the complaint submitted by the parties; and dismiss the case without further proceedings. Roll call vote: Haigh - yes; Henderson - yes; Chen - yes; Robinson - yes; Seeland - yes; Carter - yes; Aboud - yes; and Jeffrey - yes. MOTION CARRIED UNANIMOUSLY.

Ying Ying Chen moved, with a second by William Haigh, that in case number 04-22, 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; Carter - yes; Seeland - yes; Robinson - yes; Chen - recuse; Henderson - yes; Haigh - yes; and Jeffrey - yes. MOTION CARRIED.

William Haigh moved, with a second by Ying Ying Chen, that in case number 05-02, In the Matter of: Timothy L. McCloud, the Board find probable cause to establish a violation of the following provision of the Code of Professional Conduct and Ethics: 282 IAC 25.3(6)(d) and order this case set for hearing. Roll call vote: Haigh - yes; Henderson - yes; Chen - yes; Robinson - yes; Seeland - yes; Carter - yes; Aboud - yes; and Jeffrey - yes. MOTION CARRIED UNANIMOUSLY.

Ying Ying Chen moved, with a second by William Haigh, that in case number 04-29, In the Matter of: Timothy J. Fienup, 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: Haigh - yes; Henderson - yes; Chen - yes; Robinson - yes; Seeland - yes; Carter - yes; Aboud - yes; and Jeffrey - yes. MOTION CARRIED UNANIMOUSLY.

Greg Robinson moved, with a second by Ying Ying Chen, to approve the March 31, 2005, minutes, as distributed. MOTION CARRIED UNANIMOUSLY.

Several board members addressed their colleagues on a number of different matters:
John Aboud said he had a problem logging onto the Board’s new Online Licensing Application system by keying in directly the URL site indicated in the Des Moines Register. Executive Director Dr. George Maurer suggested to the media representative present that the newspaper instead give the Board’s website address and instruct readers to click on the link to teacher license information.
Members talked about putting National Board Certification recognition on the website of each recipient’s licensure record. Recipients are listed on the Department of Education (DE) website, and board members thought a link from the website of the Board of Educational Examiners (BoEE) to the DE site would suffice, at least for the time being. Jean Seeland recommended, nevertheless, that the Board send a congratulatory letter to recipients to recognize their achievement.
Changing appropriate “two-up/two-down” endorsements to K-8 or 5-12 will be a board retreat topic.
In response to a question from Ying Ying Chen, Executive Director Dr. George Maurer said that that there have been at most two dozen online renewals since program inception and that the big problem with renewing online is that applicants must still submit hard copy of materials.

1. At a meeting that Ms. Seeland recently attended in Cedar Falls, she encouraged the area education agencies (AEAs), when planning programs next year for first- and second-year mentoring and induction teachers, to include sessions on ethics and licensure, and she volunteered board members’ time to give presentations. Ms. Seeland also attended a National Education Association (NEA) meeting in Washington, D.C., that was billed as a strategy meeting for members who serve on state licensing boards. Presenters spoke about teacher licensure and quality teaching. Ms. Seeland distributed a handout listing licensure challenges that were raised in the conversation. She said that whenever she attends national meetings on education, she always appreciates what is happening in Iowa, a state that does not face some of the significant problems that other states do, such as a variety of alternative route programs, low standards, inconsistencies in testing, minority recruitment, funding, etc. Having traveled with Jan Reinicke of the Iowa State Education Association (ISEA), Ms. Seeland said that she believes that ISEA has an interest in working with the Board on some of the issues listed on the handout.
2. Ms. Chen has been involved with the Iowa Leadership Partnership, funded by the Wallace Foundation, in the last year or two. At a recent gathering, representatives reviewed and updated the progress of the leadership development program, with its emphasis on the quality development of leaders and use of the Iowa standards for school leaders. She said it is important to know what is essential in leadership vs. what one thinks it is important to do. An academy for leaders is in the works, designed for appearance in the summer of 2006. No matter what the delivery system, consistent standards, research, and structure in the process throughout the state will assure similar training.
3. Mr. Aboud said the Iowa Music Educators Association, the Iowa Arts Alliance and the DE are trying to address issues with the music teacher mentorship. The people who need mentorship are in situations in which there is no one in the music field available to help them on the local level.
4. Board Chair and DE Director Judy Jeffrey had several items of interest:

The DE, the BoEE, the community colleges and the higher education institutions worked closely to submit a teacher quality enhancement grant, which has been awarded in the amount of $6.2 million over three years. The goals of the grant are to: (1) get stronger linkages between the DE and the content areas within the preparation institutions to make sure that teachers are being adequately prepared in content; (2) put together a data management system that will track graduates from the teacher preparation institutions into the world of work, with a feedback mechanism to the institutions so that a better and common data management system will be in place across all the institutions; and (3) look at shortage areas, especially at the English Language Learner (ELL) population and at the middle school component. The objective is to better prepare teachers who deal with children whose first language is not English, and to discover content and strategies that might work with middle school students. A yearly conference will bring stakeholders together with a common focus.
The DE will try again under the educator quality legislation to provide policy guidance for mentoring and induction programs for new administrators, individual professional development plans and evaluation against the Iowa standards.
C. The DE Director has completed over 85 visits around the state in recent months, in contact with 340 school districts about increasing graduation requirements. Licensure issues have arisen in conversation, which appear to be barriers to an increase in rigor in the high schools. District officials request flexibility in how they raise the standards in mathematics and science.
D. The U. S. Department of Education (USDE) released a preliminary report of a monitoring visit in January on Title II part A, the portion of the No Child Left Behind (NCLB) Act that speaks to highly qualified teachers and to testing all teachers. Representatives of the Iowa DE are refuting what they believe are errors on which the USDE has cited the Iowa DE. In addition, Iowa staff members have until the first part of June to submit what they believe will bring Iowa into compliance under areas that have been properly cited. The USDE, for example, has brought up the issue of evaluating elementary teachers to see if they are competent in reading, mathematics and writing. The Iowa DE and teacher preparation institutions are working on a way to achieve compliance through determination of a common rubric or measure that will go across those content areas. Representatives of higher education hope to have an across-institution evaluation method in place by fall, whereby the proficiency of new elementary teachers will be adequately assessed. Ms. Jeffrey expressed significant displeasure that the USDE released the report to the press before the USDE was aware that the electronic copy it had sent to the Iowa DE had been returned via e-mail as not having been delivered.
E. Ms. Jeffrey asked board members if they were hearing concerns from the field about teachers of special education and the recent guidance that the DE has issued for highly qualified teachers in special education. Ms. Chen and Brian Carter gave positive feedback on the consultative model.

Board Chair Judy Jeffrey asked if there were any public comments. There were none.

Executive Director Dr. George Maurer reported briefly on a number of matters:
Since one of the two new board members was unable to attend, the orientation planned for the May was postponed, probably to a time around the retreat.
The new licensing system is in use. A list of prospective updates is underway; execution awaits financial resources when they become available, sometime after June 30.
The legislative bills affecting the Board’s finances are still under discussion. Of the Board’s fees, the House bill still allows the Board 73% and the General Fund 27%, with 10% maximum carryover and any amount over that to the General Fund, effective July 1, 2005. The current Senate bill now allows the Board 80% and the General Fund 20%, with 10% maximum carryover and any amount over that to the General Fund, effective July 1, 2005. Either method would garner more funds than the complicated formula now in place.
The Board’s preferred method of noting a letter of reprimand or suspension on a licensee’s website record will be a board retreat agenda item. Input from the educational constituent groups will be solicited.
July 1 is time for the Executive Director’s evaluation. Board Chair Judy Jeffrey explained to the Board how the procedure would be handled.
The two new board members will each have a mentor from among the veteran board members. Ying Ying Chen will partner with Jeffrey Henderson, and Jean Seeland with Beverly Smith.

Since the Board was ahead of schedule and no one was yet in attendance representing the group next on the agenda, the Board postponed that discussion.

The Board began consideration of rules. John Aboud moved, with a second by Brian Carter, to file under Notice of Intended Action, the proposed changes to Chapter 14 that would inaugurate a penalty for failure to have appropriate licensure, with the following modification to the descriptive clause: “if the practitioner holds a valid Iowa license but does not hold an endorsement for the type of service for which the person is employed.” MOTION CARRIED UNANIMOUSLY.

Monte Montgomery, Superintendent of Clay Central-Everly CSD, and Shirley Johnson, Northwest Iowa School Improvement (NWISI) Consortium School Improvement Consultant, made a presentation to the Board on the group’s application to become a licensure renewal program. The consortium is trying to find a better way to provide professional development for staff. The representatives explained to the Board reasons for the move and the school districts’ commitment to the project. The application met the timelines and criteria established by the Board for initial approval. Executive Director Dr. George Maurer recommended that the application be approved for one year, with stated conditions to be met by May 1, 2006. Jean Seeland moved, with a second by Brian Carter, that the Board allow initial approval for one year, subject to the outlined conditions, for the NWISI Consortium’s application to be a licensure renewal program provider. MOTION CARRIED ON A VOICE VOTE. Board Member Greg Robinson asked that response be made to correspondence from Prairie Lakes AEA, which had been submitted for consideration with the consortium’s request.The Board recessed from 10:57 a.m. to 11:13 p.m.

The Board looked briefly at rules to 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, but postponed action at this point in the meeting.

At the previous board meeting, the Board had contemplated the possibility of expanding the eligibility of the Board office to initiate complaints. Board members now directed Executive Director Dr. George Maurer to establish a stakeholder committee to solicit input regarding amendments to the list of who may initiate a complaint. The Board agreed that discussion would include 1) the Department of Education addressing an issue found during a compliance audit; 2) a student 18 years or older who was involved in the violation; 3) the Executive Director when information has been received that a practitioner has not reported a Chapter 102 violation, a termination or resignation that is addressed in statute or rule, or a violation of the mandatory reporting areas covered in Chapter 25; and 4) any other situations that the Board should consider. Dr. Maurer will report those recommendations to the Board no later than the September board meeting.

Individuals who completed a teacher education program in the past but never applied for an Iowa teacher’s license have to meet current requirements when they do apply for a license. The list of deficiencies can be short if the program was completed just a few years ago or extensive if the program was completed over 10 years ago. John Aboud moved, with a second by Jean Seeland, to accept as a First Reading the proposed changes to the rules for a substitute teacher’s license so that those who completed a teacher education program in the past but never applied for an Iowa teacher’s license can obtain a substitute teacher’s license and be able to substitute while they are completing the requirements for full licensure. In addition, an individual with an administrative license would be able to substitute teach while holding the administrator license. MOTION CARRIED UNANIMOUSLY.The Board recessed for lunch at 11:46 a.m. and reconvened at 12:35 p.m.

The Board returned to the topic of possible changes in rule to meet NCLB for out-of-state applicants by providing a means for said applicants to demonstrate an equivalent assessment similar to the multiple measures used by Iowa in-state teacher preparation programs. Administrative Consultant Susan Fischer provided the Board with guidance in current rules. Board members grappled with the issue at length. Ms. Fischer understood the following to be the Board’s consensus and would re-draft the proposed rules accordingly: 1) Veteran teachers who hold a license from the state in which they completed their teacher preparation may come in under Iowa’s exchange agreement. 2) Non-veteran teachers who do not hold a license from the state in which they completed their teacher preparation would take content and pedagogy tests, meeting an Iowa cut score if the test is taken in Iowa or the state cut score if the test is taken in the state in which they completed their teacher preparation. 3) Applicants for the Class A license, who completed their teacher preparation program out-of-state and have not passed a qualifying test, have one year in which they can teach in Iowa while attempting to pass the qualifying test. Given the necessary re-draft of proposed rules, the Board deferred action on this topic.

Executive Director Dr. George Maurer briefed the Board on a budget update. By June 30, 2005, there is a projected shortfall of 5,000 applications, compared with last year, and a deficit of over $62,000. Some cost-cutting measures have already been taken. Board members speculated on reasons for the significant decline in the number of renewal applications. The number of graduates projected for next year is also down. Dr. Maurer said that a good faith effort is necessary, and he made several recommendations to trim costs further: 1) move the board retreat into the new fiscal year; 2) request mileage reimbursement for staff members who are asked to make on-site presentations; 3) manage internally the work of the investigator in the interim (following resignation of the Board’s investigator April 1 and short-term use of part-time temporary help); 4) notify the Attorney General’s office that bills for services will not be paid; 5) eliminate the toll-free 800 number; and 6) reduce printing costs. Dr. Maurer estimated additional savings of $25,000-$30,000 thereby. The DE will research other potential ways to help the Board out. John Aboud moved, with a second by Brian Carter, to instruct the BoEE Executive Director to make all of the cuts possible at this time given the budgetary concerns and constraints. MOTION CARRIED UNANIMOUSLY.

The Board decided to hold no regular board meeting in June, but to have a conference call meeting on June 21, should the need arise for Board action. The board retreat was rescheduled to July 28-29.

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