Motions 2

Meeting Called to Order

Licensee Discipline

Consent Agenda

Communication

K-6 and 7-12 Reading Endorsements – Adopt

7-12 Driver Education Endorsement – Adopt

7-12 Career and Technical License/Endorsement - Adopt

Petitions for Waiver

Licensure Appeal

Consideration of Recommendations for Teacher Testing

Presentation for Revision of Math Endorsements – First Reading

Presentation for Revision of Selected Special Educational

Endorsements – First Reading

Personnel Discussion

Adjournment

Anita Westerhaus moved, with a second by William Haigh, 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.

Anita Westerhaus moved, with a second by Jacqueline Wellborn, that in case number 03-17, Gubbels v. Coppock, 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: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Jacqueline Wellborn moved, with a second by Anita Westerhaus, that in case number 03-18, Dr. Anne Kruse v. Kenneth Dayton Burke, 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: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Anita Westerhaus moved, with a second by Jacqueline Wellborn, that in case number 03-19, 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: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – recuse; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED.

Jacqueline Wellborn moved, with a second by Anita Westerhaus, that in case number 03-32, 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: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Jacqueline Wellborn moved, with a second by Anita Westerhaus, that in case number 03-21, 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; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Anita Westerhaus moved, with a second by Jacqueline Wellborn, that in case number 04-02, 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 – no; Chen – yes; Haigh – no; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED.

Jacqueline Wellborn moved, with a second by Anita Westerhaus, that in case number 03-32, the Board extend the 180-day deadline for issuance of the final decision, due to the need for additional time to allow the Board to issue a final decision. Roll call vote: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Anita Westerhaus moved, with a second by Jacqueline Wellborn, that in case number 04-06, the Board uphold the Executive Director’s decision to reject the complaint prior to investigation based upon a failure to meet the jurisdictional requirements of Board rule 11.3. After careful examination of the complaints and the supporting material submitted by the Complainant, the Board finds that there appears to be insufficient evidence to support the complaints and the magnitude of the alleged violations do not warrant a hearing by the Board. Roll call vote: Aboud – yes; Carter – recuse; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED.

Judy Jeffrey moved, with a second by Jean Seeland, to approve the April 2, 2004, minutes, as distributed. MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Thomas Paulsen, to adopt and file the proposed changes to the K-6 and 7-12 reading endorsements in Chapter 14 that increase the required number of semester hours from 20 to 24 and add greater clarity to the requirements to communicate better what reading teachers must know and be able to do. Roll call vote: Westerhaus – yes; Wellborn – yes; Seeland – yes; Paulsen – yes; Jeffrey – yes; Haigh – yes; Chen – yes; Carter – yes; Aboud – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Ying Ying Chen, to adopt and file the proposed changes to the driver education endorsement in Chapter 14 that reduce the number of required semester hours to nine and add course work in drug and alcohol abuse. Roll call vote: Westerhaus – yes; Wellborn – yes; Seeland – yes; Paulsen – yes; Jeffrey – yes; Haigh – yes; Chen – yes; Carter – yes; Aboud – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Jean Seeland, to adopt and file the proposed changes to Chapter 16 that replace references to "occupational" and "vocational" in the endorsements and licenses with "career and technical" and strike "postsecondary" altogether from the rules. Roll call vote: Westerhaus – yes; Aboud – yes; Paulsen – yes; Jeffrey – yes; Haigh – yes; Chen – yes; Carter – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Jean Seeland, to adopt and file the proposed changes to Chapter 16 that replace references to "occupational" and "vocational" in the endorsements and licenses with "career and technical" and strike "postsecondary" altogether from the rules. Roll call vote: Westerhaus – yes; Aboud – yes; Paulsen – yes; Jeffrey – yes; Haigh – yes; Chen – yes; Carter – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Brian Carter moved, with a second by Thomas Paulsen, that in PFW 04-03, Greg Davis, the Board accept the one year of substitute teaching for one year of the requisite teaching experience. Roll call vote: Westerhaus – yes; Wellborn – yes; Seeland – yes; Paulsen – yes; Jeffrey – yes; Haigh – yes; Chen – yes; Carter – yes; Aboud – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Brian Carter moved, with a second by William Haigh that in PFW 04-03, Greg Davis, the Board deny the Petition for Waiver and direct staff to work with Mr. Davis on other options with respect to the other two years of required teaching experience. Roll call vote: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Jean Seeland moved, with a second by Anita Westerhaus, that in PFW 04-05, Larry Haller, the Board grant in part the Petition for Wavier, i.e., grant the waiver from the human relations course, and deny in part the Petition for Waiver, but direct staff to work with Mr. Haller to determine if his prior course work includes sufficient study in the area of exceptional learner to be accepted as meeting the statutory requirement. Roll call vote: Aboud – yes; Carter – yes; Chen – yes; Haigh – no; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED.

Judy Jeffrey moved, with a second by Ying Ying Chen, that in PFW 04-06, Tiffany Manker, the Board grant in part the Petition for Waiver, i.e., waive the student teaching requirement, and deny in part the Petition for Waiver, due to failure to meet the requirements for waiver of the course in career-vocational programming for special education students. Roll call vote: Westerhaus – yes; Wellborn – yes; Seeland – yes; Paulsen – yes; Jeffrey – yes; Haigh – yes; Chen – yes; Carter – yes; Aboud – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Brian Carter, that in PFW 04-07, Daniel Peterson, the Board grant the Petition for Waiver. Roll call vote: Westerhaus – yes; Wellborn – yes; Seeland – yes; Paulsen – yes; Jeffrey – yes; Haigh – yes; Chen – yes; Carter – yes; Aboud – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Jean Seeland, that in PFW 04-08, the Board grant the Petition for Waiver. Roll call vote: Westerhaus – yes; Wellborn – yes; Seeland – yes; Paulsen – yes; Jeffrey – yes; Haigh – yes; Chen – yes; Carter – yes; Aboud – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Anita Westerhaus moved, with a second by Jacqueline Wellborn that in case number APP 04-02, Howard Barber, 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: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Jean Seeland moved, with a second by Jacqueline Wellborn, that the Board recommend that no standardized testing for content or pedagogy be imposed as a condition of licensure. Roll call vote: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Brian Carter moved, with a second by John Aboud, that the Board go into closed session for the purpose of a personnel discussion, pursuant to Iowa Code section 21.5(1)(i). MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Thomas Paulsen, that the Board accept the resignation of Dr. Anne Kruse as Executive Director of the Board of Educational Examiners, effective September 9, 2004. Roll call vote: Westerhaus – yes; Wellborn – yes; Seeland – yes; Paulsen – yes; Jeffrey – yes; Haigh – yes; Chen – yes; Carter – yes; Aboud – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

The Board of Educational Examiners held its monthly meeting on May 6, 2004. Board Chair Peter Hathaway called the meeting to order at 8:30 a.m. Members attending were John Aboud, Brian Carter, Ying Ying Chen, William Haigh, Peter Hathaway, Judy Jeffrey, Thomas Paulsen, Jean Seeland, Jacqueline Wellborn 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. Assistant Attorney General and legal counsel to the Board Jeanie Vaudt was unable to attend the meeting.

Anita Westerhaus moved, with a second by William Haigh, 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 9:26 a.m.

Anita Westerhaus moved, with a second by Jacqueline Wellborn, that in case number 03-17, Gubbels v. Coppock, 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: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Jacqueline Wellborn moved, with a second by Anita Westerhaus, that in case number 03-18, Dr. Anne Kruse v. Kenneth Dayton Burke, 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: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Anita Westerhaus moved, with a second by Jacqueline Wellborn, that in case number 03-19, 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: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – recuse; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED.

Jacqueline Wellborn moved, with a second by Anita Westerhaus, that in case number 03-32, 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: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Jacqueline Wellborn moved, with a second by Anita Westerhaus, that in case number 03-21, 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; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Anita Westerhaus moved, with a second by Jacqueline Wellborn, that in case number 04-02, 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 – no; Chen – yes; Haigh – no; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED.

Jacqueline Wellborn moved, with a second by Anita Westerhaus, that in case number 03-32, the Board extend the 180-day deadline for issuance of the final decision, due to the need for additional time to allow the Board to issue a final decision. Roll call vote: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Anita Westerhaus moved, with a second by Jacqueline Wellborn, that in case number 04-06, the Board uphold the Executive Director’s decision to reject the complaint prior to investigation based upon a failure to meet the jurisdictional requirements of Board rule 11.3. After careful examination of the complaints and the supporting material submitted by the Complainant, the Board finds that there appears to be insufficient evidence to support the complaints and the magnitude of the alleged violations do not warrant a hearing by the Board. Roll call vote: Aboud – yes; Carter – recuse; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED.

Judy Jeffrey moved, with a second by Jean Seeland, to approve the April 2, 2004, minutes, as distributed. MOTION CARRIED UNANIMOUSLY.

Board Member Thomas Paulsen congratulated the staff on a wonderful job working with his student teacher to get him a temporary substitute license. This enabled him to assist the Coon Rapids district as a long-term sub, due to serious injury to the agriculture teacher there.

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. Licensure Consultant Dr. Gary Borlaug and she have been working with the grant people to meet on the prototypes. They have seen one prototype that is well on its way and that looks very good.
2. The Governor’s office called to say that a list of candidates is being reviewed, from which a replacement for former board member Dr. Veronica Stalker will be selected. The appointee should be on board by June.
3. The Board’s 15^th anniversary celebration is scheduled for next month, and some responses have been received. Board Member Jacqueline Wellborn will assist with a show of photographs being collected. Detailed information on directions and such will be sent with the next board packet.
4. Staff workload has been good with respect to applications, although a slight surge is yet expected. Renewals have been caught up, and there has been an increase in out-of-state applications, particularly from the Cedar Rapids area, probably due to current spouse business transfers.
5. Dr. Kruse directed the Board to the text of the bill on Board licensing fees now before the Governor. If approved, the bill permits retention of 85% of the prior increase in fees and 70% of the proposed increase. Although less than the 85% hoped for, the current increase will nevertheless fund the two desired full-time permanent staff positions.
6. Made aware of some board member schedule conflicts and not yet aware of the yet-to-be-named appointee’s schedule, Dr. Kruse suggested revisiting the proposed board meeting dates for the first half of calendar year 2005 at the June meeting.

Assistant Attorney General and legal counsel to the Board Christie Scase updated the Board on judicial proceedings in contested cases 98-12, 01-35,
02-25 and 02-29, which respondent attorneys had subsequently taken to district court.

The Board considered three sets of rules for adoption with little or no further discussion. John Aboud moved, with a second by Thomas Paulsen, to adopt and file the proposed changes to the K-6 and 7-12 reading endorsements in Chapter 14 that increase the required number of semester hours from 20 to 24 and add greater clarity to the requirements to communicate better what reading teachers must know and be able to do. Roll call vote: Westerhaus – yes; Wellborn – yes; Seeland – yes; Paulsen – yes; Jeffrey – yes; Haigh – yes; Chen – yes; Carter – yes; Aboud – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Ying Ying Chen, to adopt and file the proposed changes to the driver education endorsement in Chapter 14 that reduce the number of required semester hours to nine and add course work in drug and alcohol abuse. Roll call vote: Westerhaus – yes; Wellborn – yes; Seeland – yes; Paulsen – yes; Jeffrey – yes; Haigh – yes; Chen – yes; Carter – yes; Aboud – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Jean Seeland, to adopt and file the proposed changes to Chapter 16 that replace references to "occupational" and "vocational" in the endorsements and licenses with "career and technical" and strike "postsecondary" altogether from the rules. Roll call vote: Westerhaus – yes; Wellborn – yes; Seeland – yes; Paulsen – yes; Jeffrey – yes; Haigh – yes; Chen – yes; Carter – yes; Aboud – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

At the April meeting, the Board reviewed a petition from Greg Davis, requesting waiver from the Board rule requiring three years of teaching experience prior to issuance of an endorsement to serve as a principal or superintendent. Action was tabled, pending receipt of additional information, and then taken up at the May meeting. Mr. Davis held a teaching certificate with approvals in secondary math, general science, physics, and physical science, which expired in 1991. Although he indicated that he had over 10 years of teaching experiences in a variety of forums, his K-12 experience was limited to several varied long-term substitute teaching jobs at the secondary level in his first year out of college. Brian Carter moved, with a second by Thomas Paulsen, that in PFW 04-03, Greg Davis, the Board accept the one year of substitute teaching for one year of the requisite teaching experience. Roll call vote: Westerhaus – yes; Wellborn – yes; Seeland – yes; Paulsen – yes; Jeffrey – yes; Haigh – yes; Chen – yes; Carter – yes; Aboud – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Larry Haller wanted to waive the requirements for completion of an approved human relations course and approved exceptional learner course (classes which his preparation program did not include), prior to issuance of an Iowa teaching license. Mr. Haller holds an exchange license with the endorsement for secondary mathematics. He served as a secondary mathematics teacher for over 40 years in Nebraska and Wyoming. In light of his extensive teaching experience and completion of the Nebraska human relations course, the Board agreed to waive that requirement. The Board may not waive rules mandated by statute, however, which governs the exceptional learner requirement. The Board directed staff to develop an exceptional learner equivalency form for use in determining whether course work and/or renewal classes, which out-of-state applicants have completed, include sufficient study to be accepted as meeting the requirement. Jean Seeland moved, with a second by Anita Westerhaus, that in PFW 04-05, Larry Haller, the Board grant in part the Petition for Wavier, i.e., grant the waiver from the human relations course, and deny in part the Petition for Waiver, but direct staff to work with Mr. Haller to determine if his prior course work includes sufficient study in the area of exceptional learner to be accepted as meeting the statutory requirement. Roll call vote: Aboud – yes; Carter – yes; Chen – yes; Haigh – no; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED.

Tiffany Manker petitioned to waive the requirements for completion of student teaching in a 7-12 learning disabilities categorical program and completion of a course in career-vocational programming for special education students in order to receive a 7-12 learning disabilities endorsement. She holds a standard license with endorsements for general elementary, elementary learning disabilities and elementary mildly disabled. She desires to obtain a secondary (7-12) learning disabilities endorsement, but has not completed the prerequisite career-vocational programming class or the secondary student teaching practicum in 7-12 learning disabilities. Ms. Manker completed a K-12 learning disabilities program at the University of Minnesota and received a K-12 learning disabilities license in the State of Minnesota. She has been a secondary teacher in a learning disabilities program for five years and is currently employed teaching on a full-time basis in a secondary level learning disabilities program. The Board agreed that, given Ms. Manker’s experience, it did not appear that she would derive any substantive benefit from student teaching at this point in her career. She must, however, either obtain verification from the University of Minnesota that the course work she completed included equivalent programming for the career-vocational course, or she can find a way to complete this one course. Judy Jeffrey moved, with a second by Ying Ying Chen, that in PFW 04-06, Tiffany Manker, the Board grant in part the Petition for Waiver, i.e., waive the student teaching requirement, and deny in part the Petition for Waiver, due to failure to meet the requirements for waiver of the course in career-vocational programming for special education students. Roll call vote: Westerhaus – yes; Wellborn – yes; Seeland – yes; Paulsen – yes; Jeffrey – yes; Haigh – yes; Chen – yes; Carter – yes; Aboud – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Daniel Peterson asked the Board to waive the rule requiring three years of administrative experience prior to issuance of an endorsement as a superintendent. Mr. Peterson holds an administrative license with the endorsement for secondary principal, which was issued on February 4, 2002. He was employed as an assistant principal in the Southeast Webster Schools during the 2001-2002 school year. Although he completed his master’s degree program in October of 2001, he did not apply for his principal’s endorsement until February of 2002. Therefore, he was not properly endorsed for the assistant principal position during a portion of the 2001-2002 school year. Mr. Peterson served as a principal with the Wapsie Valley Community School District during the 2002-2003 and 2003-2004 school years. He desired to receive his superintendent’s endorsement prior to the beginning of the 2004-2005 school year so that he could accept a contract for the superintendent’s position at his current district. Although the Board generally does not credit applicants for experience gained while serving in a position for which the applicant was not properly licensed, the Board found that this application of the rules would impose an undue hardship upon Mr. Peterson under the circumstances presented here. Mr. Peterson misunderstood the licensing requirements prior to accepting employment as an assistant principal for the 2001-2002 school year and apparently did not realize that he would have been eligible for a conditional license to serve in that position had he made application with the Board. He was not, however, solely at fault. The employing school district should have ensured that he was properly endorsed before hiring him to serve in that capacity. The Board believed that Mr. Peterson should not now be penalized for the district’s error. John Aboud moved, with a second by Brian Carter, that in PFW 04-07, Daniel Peterson, the Board grant the Petition for Waiver. Roll call vote: Westerhaus – yes; Wellborn – yes; Seeland – yes; Paulsen – yes; Jeffrey – yes; Haigh – yes; Chen – yes; Carter – yes; Aboud – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Jessica Loving filed a petition to waive the requirement for completion of four years of successful teaching experience prior to issuance of a special education consultant endorsement. Ms. Loving currently holds a standard license with an endorsement for general elementary classroom. She also holds a Class C conditional license for elementary multicategorical special education class with integration. She has an opportunity to apply for a special education consultant position close to her home. Ms. Loving completed three years of full-time teaching a multicategorical special class with integration and one year of substitute teaching in a multicategorical special class with integration. Her substitute teaching experience included 132 days in the same classroom during the long-term absence of the regular teacher. She submitted verification that her year of substitute teaching was essentially the equivalent of a full-time teaching position, in that she taught 132 days in the same classroom. The Board believed that no significant benefit would appear to be gained by a strict application of the experience requirement under this circumstance. John Aboud moved, with a second by Jean Seeland, that in in PFW 04-08, the Board grant the Petition for Waiver. Roll call vote: Westerhaus – yes; Wellborn – yes; Seeland – yes; Paulsen – yes; Jeffrey – yes; Haigh – yes; Chen – yes; Carter – yes; Aboud – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

The Board recessed from 10:12 a.m. to 10:22 a.m.

The Board next reviewed a licensure appeal case. Board Chair Peter Hathaway indicted that neither Executive Director Dr. Anne Kruse [who had denied the applicant a coaching authorization] nor Assistant Attorney General and legal counsel to the Board Christie Scase [who had prosecuted the case] would participate in the discussion. Anita Westerhaus moved, with a second by Jacqueline Wellborn that in case number APP 04-02, Howard Barber, 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: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes;
Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

The Board pondered recommendations for teacher testing. With pedagogy testing not considered at all, Executive Director outlined three options with respect to standardized testing: 1) content testing as a condition of licensure, in place in 48 states; 2) content testing as a condition of program completion, in place in Montana; or 3) no testing, currently only in Iowa. Jean Seeland moved, with a second by Jacqueline Wellborn, that the Board take a position of no standardized testing as a condition of licensure. Board members desired to confirm, thereby, their faith in the teacher preparation institutions and in the standards that are set. Discussion resulted in a re-phrasing of the motion to indicate Board support of a recommendation that no standardized testing for content or pedagogy be imposed as a condition of licensure. Roll call vote: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Administrative Consultant Susan Fischer introduced Joyce Becker of Luther College, Dr. Robert Keller of Loras College, Dr. Catherine Miller of the University of Northern Iowa (UNI) and Karen Sabey of Wartburg College. They presented suggestions from their team of educators for updating licensure requirements for teaching mathematic at the secondary level. The suggested rules clarified existing requirements, in particular the level of certain courses, so that every high school mathematics teacher would be mathematically prepared to teach. No accredited program in the teacher preparation institutions would have to change significantly. Executive Director Dr. Anne Kruse asked the presenters to survey the teacher preparation institutions for a reasonable effective date for the proposed rules and to report back to the Board.

The Board recessed from 11:13 a.m. to 11:20 a.m.

Before each presentation of a first reading of the next three sets of rules, Licensure Consultant Jane Heinsen introduced the speakers. She also listed for the Board the special education endorsements in Chapter 15 in which rule changes had been made since about 1999.

Sharon Hawthorne and Toni Van Cleve of the Bureau of Children, Family and Community Services proposed changes in rules for the special education consultant endorsement.

The Board recessed for lunch at 11:32 a.m. and reconvened at 12:30 p.m.

Jim Clark of the Bureau of Children, Family and Community Services proposed changes in rules to the school social worker endorsement, essentially an update, which would reflect modifications in licensure rules of the Board of Social Work Examiners within the Department of Public Health.

Directors of Special Education, Dr. Mary Ellen Becker of Southern Prairie Area Education Agency (AEA) #15 and Dr. David Van Horn of Green Valley AEA #14, proposed changes in rules for the director of special education endorsement.

At 1:03 p.m., Brian Carter moved, with a second by John Aboud, that the Board go into closed session for the purpose of a personnel discussion, pursuant to Iowa Code section 21.5(1)(i). MOTION CARRIED UNANIMOUSLY. Executive Director Dr. Anne Kruse absented herself from the latter portion of the closed session.

The Board reconvened into open session at 1:23 p.m.

Board Chair Peter Hathaway announced that Executive Director Dr. Anne Kruse had submitted a letter of resignation effective September 9, 2004. John Aboud moved, with a second by Thomas Paulsen, that the Board accept the resignation of Dr. Anne Kruse as Executive Director of the Board of Educational Examiners, effective September 9, 2004. Roll call vote: Westerhaus – yes; Wellborn – yes; Seeland – yes; Paulsen – yes; Jeffrey – yes; Haigh – yes; Chen – yes; Carter – yes; Aboud – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

There being no further business, Board Chair Peter Hathaway adjourned the meeting at 1:24 p.m.