Page

Motions

Meeting Called to Order

Licensee Discipline

Consent Agenda

Communication

Media Specialist / Proposed Teacher Librarian Endorsement – Notice

Discussion – Bundling of Endorsements

Discussion – Petition for Removal of Letter of Reprimand

Practitioner Shortage Areas

Central States Certificate / License Exchange Agreement

National Association of State Directors of Teacher Education and
Certification (NASDTEC) Interstate Educator Certification /
Licensure Agreement (2005-2010 )

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.

Ying Ying Chen moved, with a second by Jacqueline Wellborn, that in case number 05-14, 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; Seeland – yes; Paulsen – yes; Carter – yes; Wellborn – yes; Robinson– yes; Smith – yes; Aboud – yes; and Jeffrey – yes. MOTION CARRIED UNANIMOUSLY.

William Haigh moved, with a second by Ying Ying Chen, that in case number 05-17, In the Matter of: Dan Duello, 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)(c), (d) and (e) and order this case set for hearing. Roll call vote: Aboud – yes; Smith – yes; Robinson – yes; Wellborn – yes; Carter – yes; Paulsen – yes; Seeland – yes; Chen – yes; Henderson – yes; Haigh – yes; and Jeffrey – yes. MOTION CARRIED UNANIMOUSLY.

Jacqueline Wellborn moved, with a second by William Haigh, that in case number 05-20, In the Matter of: Jonnika Danielle Ohrt, 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)(c) and (e)(3) and (4) and order this case set for hearing. Roll call vote: Haigh – yes; Henderson – yes; Chen – yes; Seeland – yes; Paulsen – yes; Carter – yes; Wellborn – yes; Robinson– yes; Smith – yes; Aboud – yes; and Jeffrey – yes. MOTION CARRIED UNANIMOUSLY.

Ying Ying Chen moved, with a second by Jacqueline Wellborn that in case number 05-21, In the Matter of: Julie Luedtke, 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) and (6) and order this case set for hearing. Roll call vote: Aboud – yes; Smith – yes; Robinson – yes; Wellborn – yes; Carter – yes; Paulsen – yes; Seeland – yes; Chen – yes; Henderson – yes; Haigh – yes; and Jeffrey – yes. MOTION CARRIED UNANIMOUSLY.

Jacqueline Wellborn moved, with a second by William Haigh that in case number 05-22, In the Matter of: Danielle Michelle Peterson, 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), (c), and (e)(4) and 25.3(6)(c) and order this case set for hearing. Roll call vote: Aboud – yes;
Smith – yes; Robinson – yes; Wellborn – yes; Carter – yes; Paulsen – yes; Seeland – 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 05-23, In the Matter of: Steven Rex Shirk, 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(3)(c), (6)(c) and (8)(a) and order this case set for hearing. Roll call vote: Haigh – yes; Henderson – no; Chen – yes; Seeland – yes; Paulsen – yes; Carter – yes; Wellborn – yes; Robinson– yes; Smith – yes; Aboud – no; and Jeffrey – yes. MOTION CARRIED.
Ying Ying Chen moved, with a second by William Haigh that in case number 05-25, the Board find that, although one or more of the allegations in the complaint have been substantiated by the witnesses interviewed in the course of the investigation and the documents gathered in the course of the investigation, and the allegations may constitute a technical violation of the board’s statute or administrative rules, the evidence before the board indicates that the alleged violation was an isolated incident and adequate steps have been taken to remedy the violation and to ensure that incidents of a similar nature do not occur in the future. Taking into account these circumstances, and the Board’s mission to act upon those complaints which involve a threat to the health and safety of students and the public, the Board will not pursue formal disciplinary action in this matter. Roll call vote: Haigh – no; Henderson – yes; Chen – yes; Seeland – yes; Paulsen – yes; Carter – yes; Wellborn – yes; Robinson– yes; Smith – yes; Aboud – yes; and Jeffrey – yes. MOTION CARRIED.

Jacqueline Wellborn moved, with a second by Ying Ying Chen, that in case number 05-17, In the Matter of: Dan Duello, 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; Seeland – yes; Paulsen – yes; Carter – yes; Wellborn – yes; Robinson– yes; Smith – yes; Aboud – yes; and Jeffrey – yes. MOTION CARRIED UNANIMOUSLY.

William Haigh moved, with a second by Jacqueline Wellborn, that in case number 05-18, In the Matter of: Charles Frieden, 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; Robinson – yes; Wellborn – yes; Carter – yes; Paulsen – yes; Seeland – yes; Chen – 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 05-20, In the Matter of: In the Matter of: Jonnika Danielle Ohrt, 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; Seeland – yes; Paulsen – yes; Carter – yes; Wellborn – yes; Robinson– yes; Smith – yes; Aboud – yes; and Jeffrey – yes. MOTION CARRIED UNANIMOUSLY.

Referring to the October 7, 2005, minutes, Thomas Paulsen corrected the word “vocation” to “vocational” on p. 12, line 21 so that the sentence reads: Rethinking early childhood and vocational education was also recommended. The October 7, 2005, minutes were APPROVED UNANIMOUSLY, as amended, on a voice vote.

Jean Seeland moved, with a second by John Aboud, to file under Notice of Intended Action, the proposed changes to Chapter 14 rules on the media specialist endorsement, which reflect the current terminology and practice in school libraries. MOTION CARRIED UNANIMOUSLY.

The Board of Educational Examiners held its monthly meeting on November 4, 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, 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. Assistant Attorney General and legal counsel to the Board Jeanie Vaudt was unable to attend the meeting.

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 9:43 a.m.

Ying Ying Chen moved, with a second by Jacqueline Wellborn, that in case number 05-14, 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; Seeland – yes; Paulsen – yes; Carter – yes;
Wellborn – yes; Robinson– yes; Smith – yes; Aboud – yes; and Jeffrey – yes. MOTION CARRIED UNANIMOUSLY.

William Haigh moved, with a second by Ying Ying Chen, that in case number 05-17, In the Matter of: Dan Duello, 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)(c), (d) and (e) and order this case set for hearing. Roll call vote: Aboud – yes; Smith – yes; Robinson – yes; Wellborn – yes; Carter – yes; Paulsen – yes; Seeland – yes; Chen – yes; Henderson – yes; Haigh – yes; and Jeffrey – yes. MOTION CARRIED UNANIMOUSLY.

Jacqueline Wellborn moved, with a second by William Haigh, that in case number 05-20, In the Matter of: Jonnika Danielle Ohrt, 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)(c) and (e)(3) and (4) and order this case set for hearing. Roll call vote: Haigh – yes; Henderson – yes; Chen – yes; Seeland – yes; Paulsen – yes; Carter – yes; Wellborn – yes; Robinson– yes; Smith – yes; Aboud – yes; and Jeffrey – yes. MOTION CARRIED UNANIMOUSLY.

Ying Ying Chen moved, with a second by Jacqueline Wellborn that in case number 05-21, In the Matter of: Julie Luedtke, 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) and (6) and order this case set for hearing. Roll call vote: Aboud – yes; Smith – yes; Robinson – yes; Wellborn – yes; Carter – yes; Paulsen – yes; Seeland – yes; Chen – yes; Henderson – yes; Haigh – yes; and Jeffrey – yes. MOTION CARRIED UNANIMOUSLY.

Jacqueline Wellborn moved, with a second by William Haigh that in case number 05-22, In the Matter of: Danielle Michelle Peterson, 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), (c), and (e)(4) and 25.3(6)(c) and order this case set for hearing. Roll call vote: Aboud – yes;
Smith – yes; Robinson – yes; Wellborn – yes; Carter – yes; Paulsen – yes; Seeland – 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 05-23, In the Matter of: Steven Rex Shirk, 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(3)(c), (6)(c) and (8)(a) and order this case set for hearing. Roll call vote: Haigh – yes; Henderson – no; Chen – yes; Seeland – yes; Paulsen – yes; Carter – yes; Wellborn – yes; Robinson– yes; Smith – yes; Aboud – no; and Jeffrey – yes. MOTION CARRIED.

Ying Ying Chen moved, with a second by William Haigh that in case number 05-25, the Board find that, although one or more of the allegations in the complaint have been substantiated by the witnesses interviewed in the course of the investigation and the documents gathered in the course of the investigation, and the allegations may constitute a technical violation of the board’s statute or administrative rules, the evidence before the board indicates that the alleged violation was an isolated incident and adequate steps have been taken to remedy the violation and to ensure that incidents of a similar nature do not occur in the future. Taking into account these circumstances, and the Board’s mission to act upon those complaints which involve a threat to the health and safety of students and the public, the Board will not pursue formal disciplinary action in this matter. Roll call vote: Haigh – no; Henderson – yes; Chen – yes; Seeland – yes; Paulsen – yes; Carter – yes; Wellborn – yes; Robinson– yes; Smith – yes; Aboud – yes; and Jeffrey – yes. MOTION CARRIED.

Jacqueline Wellborn moved, with a second by Ying Ying Chen, that in case number 05-17, In the Matter of: Dan Duello, 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; Seeland – yes; Paulsen – yes; Carter – yes; Wellborn – yes; Robinson– yes; Smith – yes; Aboud – yes; and Jeffrey – yes. MOTION CARRIED UNANIMOUSLY.

William Haigh moved, with a second by Jacqueline Wellborn, that in case number 05-18, In the Matter of: Charles Frieden, 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; Robinson – yes; Wellborn – yes; Carter – yes; Paulsen – yes; Seeland – yes; Chen – 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 05-20, In the Matter of: In the Matter of: Jonnika Danielle Ohrt, 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; Seeland – yes; Paulsen – yes; Carter – yes; Wellborn – yes; Robinson– yes; Smith – yes; Aboud – yes; and Jeffrey – yes. MOTION CARRIED UNANIMOUSLY.

Referring to the October 7, 2005, minutes, Thomas Paulsen corrected the word “vocation” to “vocational” on p. 12, line 21 so that the sentence reads: Rethinking early childhood and vocational education was also recommended. The October 7, 2005, minutes were APPROVED UNANIMOUSLY, as amended, on a voice vote.

Several board members had matters to share at the time of Board Reports. Jean Seeland had made a presentation on ethics at the Iowa State Education Association (ISEA) student conference the previous weekend. The students were very interested in the topic. The board office may receive phone calls or e-mails with requests for information to be distributed to the college chapters of the organization. John Aboud, who had met with the local Uniserve district grievance chairman concerning the Board’s Code of Ethics, has been invited to return to visit with the boards of the unit. This will provide an opportunity, in another week or so, to get the word out on the implications of the ethics rules. Jacqueline Wellborn will be doing a presentation on November 16 in the teacher education program at Mount Mercy College and another one in December for the leadership team in the Linn-Mar CSD. Jean Seeland added that some members of the Waterloo Education Association at holiday time will give teachers a file folder for retention of important information about the profession and will include ethics information with each folder as another avenue of dissemination of this vital material.

Board Chair Judy Jeffrey gave an update on the continuing work of the Iowa Department of Education (DE) with the U.S. Department of Education (USDE) on the issue of highly qualified teachers. Iowa’s HOUSSE (Highly Objective Uniform State Standard of Evaluation) definition was approved. Thus, all practitioners currently teaching, who follow the procedures of evaluation according to the Iowa teaching standards and the professional development plans, are highly qualified. The matter of the qualifications of secondary teachers has also been accepted. The DE is still working with the USDE on a common assessment across all the teacher preparation programs for elementary teachers to document that the individuals are competent in the field and in the content areas. All of the teacher preparation institutions have come together with a common assessment, and a validity and reliability study is being done on the instrument that they are currently using this fall in order to document that it is just as accurate as a written test. The DE is awaiting a response from the USDE on this remaining question of Iowa elementary teachers’ knowledge in the content areas as they enter the teaching profession.

At the time of Public Comment, Christy Aumer of ISEA introduced herself as the newest staff counsel. She addressed the Board on the subject of the extension of the 180-day deadline for resolution of complaints and the extension becoming more the norm than the exception. Board Chair Judy Jeffrey welcomed Ms. Aumer and responded that the Board is in agreement with her
in sharing the concern about extension of the 180-day deadline. The Board hopes for support to retain a greater percentage of its fees through this legislative session so as to have the staff and the resources needed to be able to complete cases in a timely fashion.

Executive Director Dr. George Maurer reported on a number of issues:
1) He reviewed figures on the October monthly financial report.
2) Following his input regarding the cost of printing the ethics brochures, the Board’s consensus was to have staff include a brochure with each license when they are sent out over the span of a five-year period.
3) He referred to an updated handout on the legislative reception on
February 1, especially talking points with legislators, and he invited additional input from board members. Jean Seeland asked if there was going to be a recommendation on availability of funds for professional development. Board Chair Judy Jeffrey responded that the Board could be supportive of two fiscal priorities of the State Board of Education and the DE. Their legislative platform for the upcoming session calls for additional funds and resources to support the addition of a second professional development day and also to support increased opportunities for teachers to become leaders as trainers and coaches for their peers. Ms. Seeland also encouraged backing for higher salaries for teachers, the key to quality practitioners in the State of Iowa.
4) Changes have been made to the Board’s website. The ethics PowerPoint presentation developed by Anita Westerhaus and Sue Swartz of Heartland Area Education Agency (AEA) 11 is available through a hyperlink from the home page. The Board’s logo and links to other topics have also been added.
5) In about six weeks, a programming change to the database will indicate the date of a Letter of Reprimand of any licensee so sanctioned.
6) Licensure Consultant Geri McMahon reviewed with the Board a handout on the staff’s communication plan for distributing information to constituents.
7) Dr. Maurer and Assistant Attorney General and legal counsel to the Board Christie Scase attended the NASDTEC Professional Practices Conference
in October, and each made a few remarks about their experience. Dr. Maurer provided the Board with a handout from the conference entitled “Standard of Care: Threshold Behaviors, Boundary Issues and Harassment.” A computer forensics expert at one session presented information on what steps administrators should take when they believe there has been a violation of district policy on computer usage. The presenter also gave updated information on technology changes that will affect whether a residual record will be available on deleted computer material and some that will bypass some computer hardware altogether. Evidence in such instances, or lack thereof, will impact the Board’s access to information to support an allegation.

The Board next considered changes to administrative rules. Jean Seeland moved, with a second by John Aboud, to file under Notice of Intended Action, the proposed changes to Chapter 14 rules on the media specialist endorsement, which reflect the current terminology and practice in school libraries. MOTION CARRIED UNANIMOUSLY.

The Board returned to the topic of the bundling of content area endorsements, which had been discussed at the October board meeting. Representatives from the teacher preparation institutions were not present at this time, but Executive Director Dr. George Maurer had spoken with a few individuals in the interim. Licensure Consultant Susan Fischer informed the Board of the work the staff has begun to initiate the bundling process. In addition to staff members, whose names Ms. Fischer mentioned by content area assignment, committee members will include faculty from two- and four-year institutions, practicing teachers and administrators, and content area specialists within the DE. Ms. Fischer wrote a grant proposal to get funding for some of the endorsement committee work based on content area requirements for secondary level teachers and efforts to strengthen those requirements. Board Chair Judy Jeffrey said that with regard to high school reform in approach to the content areas, from her visits to school districts the science endorsements are the ones that are
presently top on the list of most high schools. She urged that piece to be moved most quickly, to which Dr. Maurer agreed.

Assistant Attorney General and legal counsel to the Board Christie Scase directed the Board to a handout containing a proposal for a process through which a licensee who has received a Letter of Reprimand (LOR) could petition for removal of the LOR from the information routinely posted on the Board’s website. Board members spent time in discussion of what the procedure might be like. Board Member Greg Robinson expressed serious concern about retention of LOR records in board office files, despite proposed removal of the LOR from the website upon request. Expungement from the public record in board case files, however, is not an option at this time. Proposed rules will return to the Board at the December meeting as a First Reading. In the course of the exchange, Executive Director Dr. George Maurer informed the Board that another serious concern of the Board was being remedied. A programming change is in the works to document on the website the suspension and date of suspension of the license of any practitioner so sanctioned.

Norma Lynch of the DE spoke to the Board about practitioner shortage areas. She talked about the formula used to calculate teacher shortage areas and about how that information is then used. Statistical data was presented from 1999 to the present. The DE uses the data for strategies to recruit and retain students in the shortage areas, and Ms. Lynch reviewed those approaches.
The DE also supplies the information to the federal government and to the Iowa College Student Aid Commission to make available forgivable loans to students in the shortage areas. Board members recognized limitations to the data presented and stated some of their thoughts as to the reasons for the shortages and ideas for solutions. Board Chair Judy Jeffrey suggested that colleges increase efforts to counsel individuals from elementary education, in which there is a surplus, into middle school and high school areas, particularly since about half of the graduating elementary teachers are leaving the state for positions elsewhere, while shortage areas in Iowa continue to grow. She also mentioned a DE legislative proposal that looks at shortage areas, especially
at the high school level, with ideas for the expansion of forgivable loans, a tuition reimbursement program for those elementary and middle school teachers willing to enter a shortage area, and a monetary award for up to five years for those agreeable to commit to teaching in the shortage areas. Ms. Jeffrey believes this proposition is another one that the Board could agree to support before the legislature. She noted the large gap between the number of those enrolled in the teacher preparation programs and the number of retirement vacancies projected in the next four years.

The Board recessed for lunch at 11:28 a.m. and reconvened at 12:39 p.m.

The Board looked at a draft of the Central States Certificate / License Exchange Agreement. Iowa has signed this in the past, and Executive Director Dr. George Maurer recommended renewal of the agreement. He said the document essentially posits that the teacher preparation programs in the member states are equivalent. Applicants still need to complete individual state requirements. Having presented the draft and briefed the Board, Dr. Maurer will sign the final document.

The Board then considered the National Association of State Directors of Teacher Education and Certification (NASDTEC) Interstate Educator Certification / Licensure Agreement (2005-2010), a document similar to the Central States one, but nationwide in scope. Iowa has never participated in this. Since there is significant variance across the United States in the quality of the teacher preparation programs, Dr. Maurer did not advocate Iowa support for the wider interstate agreement at this time.

There being no further business, Board Chair Judy Jeffrey adjourned the meeting at 12:47 p.m.