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 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.

William Haigh moved, with a second by Anita Westerhaus, that in case number 03-06, 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; Paulsen - yes; Westerhaus - yes; Chen - yes; Wellborn - yes; Aboud - yes; Carter - yes; Jeffrey - yes; Stalker - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Anita Westerhaus, that, in case number 98-12, upon review of the complaint and the investigative report, the Board find an absence of probable cause and, for reasons stated in the draft order, reject the case. Roll call vote: Stalker - yes; Jeffrey - recuse; Carter - yes; Aboud - yes; Wellborn - yes; Chen - yes; Westerhaus - yes; Paulsen - yes; Haigh - yes; and Hathaway - yes. MOTION CARRIED.

Anita Westerhaus moved, with a second by William Haigh, that in case number 03-06, the Board extend the 180-day deadline for issuance of the final decision, due to the need for additional time to allow the proposed decision by the Board to become the final decision. Roll call vote: Haigh - yes; Paulsen - yes; Westerhaus - yes; Chen - yes; Wellborn - yes; Aboud - yes; Carter - yes; Jeffrey - yes; Stalker - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

William Haigh moved, with a second by Anita Westerhaus, that in case number 03-10, 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; and the Complainant’s request for continuance. Roll call vote: Stalker - yes; Jeffrey - yes; Carter - yes; Aboud - yes; Wellborn - yes; Chen - yes; Westerhaus - yes; Paulsen - yes; Haigh - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

Anita Westerhaus moved, with a second by William Haigh, that in case number 03-11, the Board extend the 180-day deadline for issuance of the final decision, based upon delay in investigation due to other pending investigations and the investigator’s extended medical leave. Roll call vote: Haigh - yes; Paulsen - yes; Westerhaus - yes; Chen - yes; Wellborn - yes; Aboud - yes; Carter - yes; Jeffrey - yes; Stalker - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

John Aboud made two suggestions with regard to the Executive Director’s report as it was recorded in the minutes of the previous board meeting. Consequently, the new sentence beginning on page 13, line 1, was restructured so that the sentence reads: Dr. Kruse said that she would have been impressed by the publicity if she were the parent of a prospective student. In addition, on page 13, line 7, the following comment was added: Capability of viewing licensure credentials online is an effective means for state compliance with provisions of No Child Left Behind. Brian Carter moved, with a second by Judy Jeffrey, to approve the September 12, 2003, minutes, as amended. MOTION CARRIED UNANIMOUSLY.

William Haigh moved, with a second by Anita Westerhaus, that in case number APP 03-03, Daniel P. Shonka, 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: Stalker - yes; Jeffrey - yes; Carter - yes; Aboud - yes; Wellborn - yes; Chen - yes; Westerhaus - yes; Paulsen - yes; Haigh - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

Anita Westerhaus moved, with a second by William Haigh, that in case number APP 03-01, Shawn Murtha, 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: Stalker - yes; Jeffrey - yes; Carter - yes; Aboud - yes; Wellborn - yes; Chen - yes; Westerhaus - yes; Paulsen - yes; Haigh - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

Veronica Stalker moved, with a second by Ying Ying Chen, to adopt and file the proposed changes to Chapter 14 that combine licensure requirements for an elementary and secondary principal and supervisor of special education. MOTION CARRIED UNANIMOUSLY.

Judy Jeffrey moved, with a second by John Aboud, to adopt and file the proposed changes to Chapter 22 that require competencies in reading, writing and mathematics; strike reference to instruction of students; add a School Library Media-PK-12 area of concentration; and expand options for renewal requirements. MOTION CARRIED UNANIMOUSLY.

William Haigh moved, with a second by Tom Paulsen, to file under Notice of Intended Action the proposed changes to Chapter 11 that require mandatory reporting of contract terminations and resignations based upon allegations of sexual misconduct, with the addition of a subrule that the report be filed within 60 days of the date of local board action on the termination or resignation. MOTION CARRIED UNANIMOUSLY.
John Aboud moved, with a second by Brian Carter, to file under Notice of Intended Action the proposed changes to Chapters 12 and 13, with recorded clarifications and changes. MOTION CARRIED UNANIMOUSLY.

William Haigh moved, with a second by Judy Jeffrey, that in PFW 03-20, Joanne P. Maehr, the Board grant the Petition for Waiver. MOTION CARRIED UNANIMOUSLY.

William Haigh moved, with a second by Judy Jeffrey, that in PFW 03-21, Marty D. Fonley, the Board grant the Petition for Waiver. MOTION CARRIED UNANIMOUSLY.

The Board of Educational Examiners held its monthly meeting on October 17, 2003. The meeting was called to order by the Board Chair, Peter Hathaway, at 8:37 a.m. Members attending were John Aboud, Brian Carter, Ying Ying Chen, William Haigh, Peter Hathaway, Judy Jeffrey, Thomas Paulsen, Veronica Stalker, Jacqueline Wellborn and Anita Westerhaus. Also in attendance were Dr. Anne Kruse, Executive Director of the Board; Christie Scase and Jeanie Vaudt, Assistant Attorneys General and legal counsel to the Board; Barbara Hendrickson, Board Secretary; and other visitors. Board Member Jean Seeland was unable to attend the meeting. Ms. Westerhaus was absent from the afternoon session, and Mr. Paulsen left at 2:12 p.m.

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 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 9:31 a.m.

William Haigh moved, with a second by Anita Westerhaus, that in case number 03-06, 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; Paulsen - yes; Westerhaus - yes; Chen - yes; Wellborn - yes; Aboud - yes; Carter - yes; Jeffrey - yes; Stalker - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Anita Westerhaus, that, in case number 98-12, upon review of the complaint and the investigative report, the Board find an absence of probable cause and, for reasons stated in the draft order, reject the case. Roll call vote: Stalker - yes; Jeffrey - recuse; Carter - yes; Aboud - yes; Wellborn - yes; Chen - yes; Westerhaus - yes; Paulsen - yes; Haigh - yes; and Hathaway - yes. MOTION CARRIED.

Anita Westerhaus moved, with a second by William Haigh, that in case number 03-06, the Board extend the 180-day deadline for issuance of the final decision, due to the need for additional time to allow the proposed decision by the Board to become the final decision. Roll call vote: Haigh - yes; Paulsen - yes; Westerhaus - yes; Chen - yes; Wellborn - yes; Aboud - yes; Carter - yes; Jeffrey - yes; Stalker - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

William Haigh moved, with a second by Anita Westerhaus, that in case number 03-10, 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; and the Complainant’s request for continuance. Roll call vote: Stalker - yes; Jeffrey - yes; Carter - yes; Aboud - yes; Wellborn - yes; Chen - yes; Westerhaus - yes; Paulsen - yes; Haigh - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

Anita Westerhaus moved, with a second by William Haigh, that in case number 03-11, the Board extend the 180-day deadline for issuance of the final decision, based upon delay in investigation due to other pending investigations and the investigator’s extended medical leave. Roll call vote: Haigh - yes; Paulsen - yes; Westerhaus - yes; Chen - yes; Wellborn - yes; Aboud - yes; Carter - yes; Jeffrey - yes; Stalker - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.
Board Member John Aboud complimented Executive Director Dr. Anne Kruse for obtaining the Iowa Values Fund grant of $250,000 that was announced at the last board meeting, and which will effect and maintain online renewal and online view of licensure credentials. He also made two suggestions with regard to the Executive Director’s report as it was recorded in the minutes of the previous board meeting. Consequently, the new sentence beginning on page 13, line 1, was restructured so that the sentence reads: Dr. Kruse said that she would have been impressed by the publicity if she were the parent of a prospective student. In addition, on page 13, line 7, the following comment was added: Capability of viewing licensure credentials online is an effective means for state compliance with provisions of No Child Left Behind. Brian Carter moved, with a second by Judy Jeffrey, to approve the September 12, 2003, minutes, as amended. MOTION CARRIED UNANIMOUSLY.

Board Member Ying Ying Chen attended a principals’ forum on October 2
and 3, which was organized by the regional labs. The focus was adequate yearly progress, and the majority of states were represented. Principals expressed some concern about meeting the standards of highly qualified teachers, although Iowans were not among them. It was the first time she experienced this at the national level, and she thought concerns may be different from state to state.

Board Member Judy Jeffrey said the U. S. Department of Education (USDE) will visit Iowa on October 31 to look at the support provided to teachers in the state. She said it was highly unusual to receive a telephone call from the USDE in which they convey their eagerness to visit the state because of the model practices underway, and they want to highlight the state for its support of licensing of teachers and the support in the teacher quality legislation.

Board Member Brian Carter asked Ms. Jeffrey if there was truth to the rumor that officials in the state of Maine had refused federal money under No Child Left Behind. She said there had been some earlier discussion of that, but she did not believe that that was the final decision of the state of Maine. She said there have been discussions like that in states across the nation, but she thought that, ultimately, no one has yet refused the aid.

Board 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:
1) She thanked staff and the public for their patience through the period of over two weeks in which the visual information system was inoperative.
2) She gave personnel updates.
3) The agency is dealing with an order for a 2.5% decrease. Appropriated funds are affected, but Dr. Kruse does not yet know if the licensure fund will be exempt from the cut. Cuts will be made and funds shifted accordingly. Dr. Kruse will inform the Board of the options.
4) The Superintendent Study Team completed its work. The Board will see the recommendations at the December board meeting.
5) The November 14 board meeting will be in the auditorium at the State Historical Building. The morning session will be devoted to the Praxis II testing results. Ines Bosworth of Educational Testing Service (ETS) will address the meeting. All the colleges, the House and Senate education committees, other interested persons and the press will be there.
6) Student teaching seminars by staff and AEA presentations by Dr. Kruse are underway. They are well received by the institutions, and Dr. Kruse hopes they will not be cut as part of the cost-saving measures.
7) The American Board for Certification of Teacher Excellence (ABCTE) received a $35 million grant from the federal government, having started out with $5 million in seed money. Whereas Iowa accepts some alternative routes to teacher licensure, ABCTE promotes alternative licensure called Passport. The organization tries to influence state legislatures to accept their portable, essentially certification-by-examination process and, thereby, bypass and supercede state standards boards and state boards of education.
Executive Director Dr. Anne Kruse and Assistant Attorney General and legal counsel to the Board Christie Scase absented themselves from the room during consideration of the licensure appeals. William Haigh moved, with a second by Anita Westerhaus, that in case number APP 03-03, Daniel P. Shonka, 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: Stalker - yes; Jeffrey - yes; Carter - yes; Aboud - yes; Wellborn - yes; Chen - yes; Westerhaus - yes; Paulsen - yes; Haigh - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

In the next licensure appeal case, Board meeting materials included Executive Director Dr. Anne Kruse’s withdrawal of her notice of appeal. Anita Westerhaus moved, with a second by Jacqueline Wellborn, that in case number APP 03-01, Shawn Murtha, 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: Stalker - yes; Jeffrey - yes; Carter - yes; Aboud - yes; Wellborn - yes; Chen - yes; Westerhaus - yes; Paulsen - yes; Haigh - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

Assistant Attorney General and legal counsel to the Board Christie Scase introduced her supervisor, Pam Griebel, who is Division Director, Licensing and Administrative Law Division, Office of the Attorney General. Because of her position, Ms. Griebel has broad experience with a variety of licensing boards, and she supervises the assistant attorneys general who prosecute cases before a professional licensing board. The number of licensing boards stands at about 30, and although the professions are very different, most of the process is the same. Ms. Griebel addressed the Board on the topic of "Process Review of Hearings and Appeals with Attorney General Prosecution." The Board received, as well, an October 2003 update of a handout on "Frequently Asked Questions Regarding Complaints, Investigations, and Hearings." Ms. Griebel highlighted significant parts of the procedure, with particular attention to issues of ex parte communication, the availability of attorneys from other bureaus or the administrative law judge for legal advice, and proposed consent orders. She also answered board members’ questions. She confirmed Board Chair Peter Hathaway’s understanding that because of Ms. Scase’s or any other attorney’s direct connection to the licensure division, at the point at which the attorney is involved in a prosecutorial role, the attorney cannot advise the Board in that proceeding, but can advise the Board in other matters not related to that particular case. The Board of Educational Examiners maintains the largest number of professional licensees, but, proportionately, has among the smallest number of complaints. Two or three of the other licensing boards use a panel for case hearings; all the others sit as a quorum of the respective board. The latter issue a final order with no proposed decision, such proposed decision being an intermediate step which the Board of Educational Examiners does utilize.

The Board recessed from 10:51 a.m. to 11:00 a.m.

The Board confirmed the board retreat for June 24-25, 2004, and the July board meeting for July 30, 2004. Executive Director Dr. Anne Kruse cautioned that budget constraints may eliminate one of the June days. Board Member John Aboud suggested that if that happens, the gathering should then be called a meeting and not a retreat. Dr. Kruse said that discussion items, then, could be split between the June and July meetings, and direction could then proceed into the fall.

The Board considered proposed rules for PK-12 Principal and PK-12 Special Education Supervisor. Executive Director Dr. Anne Kruse’s cover memo addressed the concerns that had been raised by the School Administrators of Iowa. Veronica Stalker moved, with a second by Ying Ying Chen, to adopt and file the proposed changes to Chapter 14 that combine licensure requirements for an elementary and secondary principal and supervisor of special education. MOTION CARRIED UNANIMOUSLY.
The Board next reviewed proposed rules for the paraeducator certificate. Judy Jeffrey moved, with a second by John Aboud, to adopt and file the proposed changes to Chapter 22 that require competencies in reading, writing and mathematics; strike reference to instruction of students; add a School Library Media-PK-12 area of concentration; and expand options for renewal requirements. MOTION CARRIED UNANIMOUSLY.

The Board then deliberated a proposed new rule to implement the House File 549 requirement for mandatory reporting of sexual misconduct. Discussion generated the addition of a subrule compelling timely reporting.

The Board recessed for lunch at 11:52 a.m. and reconvened at 12:45 p.m.

William Haigh moved, with a second by Tom Paulsen, to file under Notice of Intended Action the proposed changes to Chapter 11 that require mandatory reporting of contract terminations and resignations based upon allegations of sexual misconduct, with the addition of the subrule that the report be filed within 60 days of the date of local board action on the termination or resignation. MOTION CARRIED UNANIMOUSLY.

The Board pondered the latest draft of Chapters 12 and 13, with a number of additional modifications being made during the discussion. John Aboud moved, with a second by Brian Carter, to file under Notice of Intended Action the proposed changes to Chapters 12 and 13, with recorded clarifications and changes. MOTION CARRIED UNANIMOUSLY. Dr. Kruse agreed to e-mail to board members a copy of the Notice as it will be submitted to the code editor.

In the forenoon, the Board had agreed to move up on the agenda item #10, Petitions for Waiver. JoAnne P. Maehr submitted a petition to waive the three years of elementary experience heretofore required prior to issuance of an elementary administrator license. Recent legislation requires revision of current Board rules and obligates the Board to disregard the level of teaching experience when processing an application for a school administrator’s license. William Haigh moved, with a second by Judy Jeffrey, that in PFW 03-20, Joanne P. Maehr, the Board grant the Petition for Waiver. MOTION CARRIED UNANIMOUSLY.

Marty D. Fonley requested a waiver of the requirement for three yeas of secondary teaching experience prior to issuance of a secondary level administrator license. Recent legislation requires revision of current Board rules and obligates the Board to disregard the level of teaching experience when processing an application for a school administrator’s license. William Haigh moved, with a second by Judy Jeffrey, that in PFW 03-21, Marty D. Fonley, the Board grant the Petition for Waiver. MOTION CARRIED UNANIMOUSLY.

Executive Director Dr. Anne Kruse and Assistant Attorney General and legal counsel to the Board Christie Scase reported on their attendance at the seventh annual NADTEC Professional Practices Institute in Louisville, KY. NASDTEC itself is 75 years old. Deeming the conference "useful" and some sessions "outstanding," Ms. Scase said the gathering provides executive directors, board members, investigators and attorneys that represent the boards an opportunity to get together, network and talk about common issues. Dr. Kruse said she saw a trend in more states toward FBI and/or state background checks on license renewals. Ms. Scase saw a trend, as well, in mandatory reporting of misconduct and/or criminal offenses, with neighboring states interested in Iowa’s recent legislation on the issue. Dr. Kruse said she had shared with colleagues Iowa’s voluntary surrender form, which includes licensee acknowledgement that NASDTEC will be notified of the surrender.

The Board once again deferred discussion of its Mission, Vision, Goals, and Objectives.

There being no further business, Board Chair Peter Hathaway adjourned the meeting at 2:19 p.m.