Table of Contents

Motions

Meeting Called to Order

Licensee Discipline

Consent Agenda

Communication

K-6 and 7-12 Reading Endorsements Proposal - First Reading

Misconduct Reporting Rules – Adopt

Career and Technical Licenses and Endorsements – Notice

Fee Increases – Notice

Praxis II Discussion Continued

Discussion of Student Teaching License

Petition for Waiver

Discussion of Board Priorities

Adjournment
STATE OF IOWA
BOARD OF EDUCATIONAL EXAMINERS
Grimes State Office Building – 400 East 14th Street
Des Moines, Iowa 50319-0147

Motions

January 16, 2004

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.

William Haigh moved, with a second by Jacqueline Wellborn, that in case number 03-16, the Board would have found probable cause but must dismiss the case because the statute of limitations does not allow the Board to proceed. Roll call vote: Aboud – no; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED.

Anita Westerhaus moved, with a second by Jacqueline Wellborn, that in case number 03-17, the Board find probable cause to establish violation of specific Board rules 12.3(1)(c) and (f) of the criteria of professional practices and competent performance established by this Board and order this case set for hearing. 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 William Haigh, that in case number 03-18, the Board find probable cause to establish a violation of one or more of the criteria for professional practices and competent performance established by this Board and order this case set for hearing. 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.

William Haigh moved, with a second by Anita Westerhaus, that in case number 03-19, the Board find probable cause to establish a violation of one or more of the criteria for professional practices and competent performance established by this Board and order this case set for hearing. 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.

Anita Westerhaus moved, with a second by William Haigh, that in case number 03-32, the Board find probable cause to establish a violation of one or more of the criteria for professional practices and competent performance established by this Board and order this case set for hearing. Roll call vote: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes.

Jacqueline Wellborn moved, with a second by Anita Westerhaus, that in case number 03-17, the Board extend the 180-day deadline for issuance of the final decision, based upon delay in investigation due to other pending cases, the investigator’s extended medical leave, difficulty in contacting the Respondent, and scheduling difficulties. 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.

William Haigh moved, with a second by Anita Westerhaus, that in case number 03-19, the Board extend the 180-day deadline for issuance of the final decision, based upon delay in investigation due to prioritization of cases. 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.
John Aboud moved, with a second by Jean Seeland, to approve the December 12, l2003, minutes, as distributed. MOTION CARRIED UNANIMOUSLY.

William Haigh moved, with a second by John Aboud, to adopt and file the proposed changes to Chapter 11 that require mandatory reporting of contract terminations and resignations based upon allegations of sexual misconduct. 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.

William Haigh moved, with a second by Jean Seeland, to file under Notice of Intended Action, 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: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Tom Paulsen, to file under Notice of Intended Action the proposed changes to Chapter 14 that increase fees for designated application and renewal fees. 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.

William Haigh moved, with a second by Jacqueline Wellborn, that
in PFW 03-23, Kathleen P. Humble, the Board deny the Petition for Wavier. 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.
STATE OF IOWA
BOARD OF EDUCATIONAL EXAMINERS
Grimes State Office Building – 400 East 14th Street
Des Moines, Iowa 50319-0147

Minutes
January 16, 2004

The Board of Educational Examiners held its monthly meeting on January 16, 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 and Jeanie Vaudt, Assistant Attorneys General and legal counsel to the Board; Barbara Hendrickson, Board Secretary; and other visitors. Board Member Veronica Stalker was unable to attend the meeting, and Ms. Vaudt arrived for the afternoon session 1:25 p.m.

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 9:36 a.m.

William Haigh moved, with a second by Jacqueline Wellborn, that in case number 03-16, the Board would have found probable cause but must dismiss the case because the statute of limitations does not allow the Board to proceed. Roll call vote: Aboud – no; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED.
Anita Westerhaus moved, with a second by Jacqueline Wellborn, that in case number 03-17, the Board find probable cause to establish violation of specific Board rules 12.3(1)(c) and (f) of the criteria of professional practices and competent performance established by this Board and order this case set for hearing. 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 William Haigh, that in case number 03-18, the Board find probable cause to establish a violation of one or more of the criteria for professional practices and competent performance established by this Board and order this case set for hearing. 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.

William Haigh moved, with a second by Anita Westerhaus, that in case number 03-19, the Board find probable cause to establish a violation of one or more of the criteria for professional practices and competent performance established by this Board and order this case set for hearing. 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.

Anita Westerhaus moved, with a second by William Haigh, that in case number 03-32, the Board find probable cause to establish a violation of one or more of the criteria for professional practices and competent performance established by this Board and order this case set for hearing. Roll call vote: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes.

Jacqueline Wellborn moved, with a second by Anita Westerhaus, that in case number 03-17, the Board extend the 180-day deadline for issuance of the final decision, based upon delay in investigation due to other pending cases, the investigator’s extended medical leave, difficulty in contacting the Respondent, and scheduling difficulties. 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.

William Haigh moved, with a second by Anita Westerhaus, that in case number 03-19, the Board extend the 180-day deadline for issuance of the final decision, based upon delay in investigation due to prioritization of cases. 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.

John Aboud moved, with a second by Jean Seeland, to approve the December 12, l2003, minutes, as distributed. MOTION CARRIED UNANIMOUSLY.

Board Chair Peter Hathaway and Board Members Ying Ying Chen, Judy Jeffrey and Veronica Stalker attended the Learning Point Associates policy seminar on alternative preparation and alternative licensure. Ms. Chen spoke briefly about the distance learning offered by the Western Governors University (WGU). Mr. Hathaway expressed surprise and disappointment that the American Board for Certification of Teacher Excellence (ABCTE) did not make a scheduled appearance. He said that a number of board meeting guests had also attended the seminar. From the presentations, Mr. Hathaway recognized that factors drive programs like WGU, which are not problematic for Iowa, e.g. accessibility to teacher preparation programs. He was encouraged to hear that there is still some interest in the alternative preparation plan already in place in Iowa and would be excited to see a pilot program put into effect.

The evening before, Board Member Jean Seeland had served on a panel in Area Education Agency (AEA) 267, on which she had addressed the topic of ethics. She reported that the substitute authorization program seems to be doing well throughout Iowa.
Board Member John Aboud mentioned that a nice article on Ying Ying Chen had appeared in the Cedar Rapids Gazette. He then said that he and Ms. Seeland will attend, at the end of next month, a board of teaching clinic sponsored by the National Education Association (NEA), at which they will learn more about the issues of Teacher Preparation and Accreditation, Licensing/Ethics and Practitioner Professional Growth on a national level. Mr. Aboud offered to take with them input from the Board.

Board Chair Peter Hathaway passed around an invitation his wife received to a presentation by former Board Member Helen Lewis.

Board Member Judy Jeffrey stated that the State Board of Education the day before had approved a Master of Arts in Teaching (M.A.T.) from Simpson College. The degree will be available to individuals who have a baccalaureate in the content area at the secondary level, but do not have any pedagogy. Candidates will be able to finish the program in the evening within 15 months, if they are on a fast track, and they will be able to continue working at their regular job, except for field-based experiences and student teaching. Student teaching will add another semester.

Board Chair Peter Hathaway had the occasion earlier in the week to speak to a group of pre-service teachers at Briar Cliff College, addressing the education club on what to expect, from the principal’s perspective, when student teaching and on what Mr. Hathaway asks in an interview. He expanded the topic to include ethics because he believes that ethics in education should be mentioned at every opportunity.

In response to an invitation from the Iowa Association of School Boards (IASB), Assistant Attorney General and legal counsel to the Board Christie Scase will make a presentation, at their human resources conference in March, on the changes in the board rules with respect to misconduct reporting rules and proposed changes to rules on professional conduct and ethics.
During the time of Public Comment, Barry Wilson and Deb Tidwell of the University of Northern Iowa (UNI); Arlie Willems of Mount Mercy College and current Iowa Association of Colleges for Teacher Preparation (IACTE) President; and Jeannette Olson of Iowa State University (ISU) once again voiced teacher preparations institutions’ serious reservations about mandatory testing, this time solely on content area, and urged the Board not to make it a requirement for teacher licensure in Iowa. Ms. Tidwell avowed, in addition, that cultural language difficulties that some UNI bilingual students have with the structure of the Praxis I reading test prevents them from continuing in the teacher preparation program because they cannot obtain the score cut-off. The speakers emphasized that the teacher preparation institutions were already responding to the content deficiencies noted by the results of the Praxis II test.

Executive Director Dr. Anne Kruse reported briefly on a number of issues:
1) She gave statistics on the outcomes of the five-year grant for multicat resource, with indication that the grant might possibly continue.
2) The March meeting will be held in Ames at ISU’s invitation, and details will be forthcoming.
3) The October or November meeting will be held at Central College in Pella.
4) Dr. Kruse acknowledged Board Member Brian Carter’s e-mail about corrections to the noticed proposed rules for Chapters 25 and 26 and explained how simply any changes may be made.
5) Following discussion of scheduling difficulties and other obstacles, the Board’s consensus was to postpone the reception proposed for this legislative session.

Board Chair Peter Hathaway thanked board members for their timely and invaluable response to the Executive Subcommittee’s request for participation in Executive Director Dr. Anne Kruse’s annual performance evaluation. Input will assist in consensus for direction and prioritization for the coming year.

Geri McMahon of the Board of Educational Examiners; Mary Jean Jeanae of Graceland University; Deb Tidwell of UNI; and Kara Weigel of the Department of Education, representing 39 members of the Reading Endorsement Task Force, presented for first reading proposed changes to the K-6 and 7-12 reading endorsements. Modifications had not been made since 1988.

The Board recessed from 10:58 a.m. to 11:12 a.m.

The Board looked at proposed mandatory reporting rules that had been directed by statute. William Haigh moved, with a second by John Aboud, to adopt and file the proposed changes to Chapter 11 that require mandatory reporting of contract terminations and resignations based upon allegations of sexual misconduct. 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 considered a corrected set of proposed rules that would amend the chapter on occupational and postsecondary endorsements and licenses by updating it with current terminology in the field and eliminating all reference to postsecondary licensure. William Haigh moved, with a second by Jean Seeland, to file under Notice of Intended Action, 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: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Executive Director Dr. Anne Kruse reviewed the need to increase fees in response to workload. John Aboud moved, with a second by Tom Paulsen, to file under Notice of Intended Action the proposed changes to Chapter 14 that increase fees for designated application and renewal fees. 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 continued to deliberate what the results of the Praxis II test mean for Iowa. Members agreed on no need to test pedagogy, since measures in place are ample. They wrestled, however, with the issue of content assurance, i.e., how to verify and measure the subject matter knowledge of pre-service students. The Board requested information on how many states are testing for content only, what test they are using and how many testing companies there are. The Board was interested in what other states do in addition to testing and/or what other ways they use to verify content knowledge. Executive Director Dr. Anne Kruse will develop a piece for the Iowa teacher preparation institutions to submit material on how they check knowledge of subject matter. Information on the latter will help to determine whether further means are necessary to ensure content area competency.

The Board recessed for lunch at 12:02 p.m. and reconvened at 12:50 p.m.

The discussion of a student teaching license was moved up on the agenda, and Executive Director Dr. Anne Kruse presented background information on the topic. The premise would be to make an individual accountable to the Board before the initial license, particularly attractive to the Board in the areas of ethics and content assurance. No other state has such a license, although some require a “certificate of clearance,” a credential giving an individual, whose background has been checked, permission to student teach. Board Member Jean Seeland asked whether a student teacher license might then serve as a license to substitute teach, following a person’s successful field experience. The idea was well received. She also suggested getting input from the teacher preparation institutions and recording the advantages of a student teacher license to the student and the institution. Board Member Judy Jeffrey desired feedback from school districts as well. Board Chair Peter Hathaway invited input from teacher preparation representatives present. Dr. Kruse will bring additional specific data to a future board meeting.
Kathleen P. Humble requested a waiver of the requirement of Board approval for each license renewal credit or activity. She holds a Class A (one-year conditional) license, based upon an expired license, with endorsements for secondary social studies, English and Spanish. She sought license renewal credit for six hours of professional development credit, not academic credit, which she earned through the University of the Pacific in California. Neither course was approved for renewal credit pursuant to existing board guidelines; nor has Ms. Humble provided course descriptions or any other information from which an assessment of the quality of the courses she has completed may be made. She indicated that she believed that the courses would qualify for renewal credit because the same professor taught a course she had taken previously through Chapman University. That course, however, had been taken for graduate credit. The Board maintained that this situation could have been avoided if Ms. Humble had contacted Board staff, before she enrolled in the classes, to determine whether the courses would be accepted for renewal credit. Further, she resides in Iowa and has access to approved renewal courses offered through Iowa area education agencies or other sources. William Haigh moved, with a second by Jacqueline Wellborn, that in PFW 03-23, Kathleen P. Humble, the Board deny the Petition for Wavier. 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 1:28 p.m. to 1:33 p.m.

The Board next conferred about prioritization of issues important to the Board and direction for the staff. Ethics topped the list. Board Member John Aboud reminded board members of their interest in increased visibility of the Board and its mission to stakeholders.

There being no further business, Board Chair Peter Hathaway adjourned the meeting at 1:50 p.m.