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

Minutes

Annual Board Retreat
June 13-14, 2003

Table of Contents

Motions

Meeting Called to Order

Reports to the Board and Discussion

Dismissal for the Day

Formal Business Meeting Called to Order

Licensee Discipline

Consent Agenda

School Psychologist - Adopt

Correcting Licenses - Adopt

Renaming Conditional Licenses - Adopt

Adding IDOT to List of Who May Initiate a Complaint - Adopt

Attorney General Prosecution - Adopt

Convert Initial License to Standard License - Adopt

PK-12 Principal/SPED Supervisor - Notice

Petition for Waiver

Adjournment

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

Motions

Annual Board Retreat
June 13-14, 2003

Jean Seeland moved, with a second by Anita Westerhaus, to amend the business meeting agenda by adding item 1.d. to Licensee Discipline,
Case #03-07 - Cedar Rapids CSD v. Jim Jurgensen, and by moving item 4.b., Convert initial license to standard license, to 3.b.6. of the Consent Agenda.MOTION CARRIED UNANIMOUSLY.

Anita Westerhaus moved, with a second by Jean Seeland, 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).Roll call vote:Stalker - yes; Westerhaus - yes; Chen - yes; Wellborn - yes; Seeland - yes; Haigh - yes; Carter - yes; Jeffrey - yes; Aboud - yes; Paulsen - yes; and Hathaway - yes.MOTION CARRIED UNANIMOUSLY.

Veronica Stalker moved, with a second by Anita Westerhaus, that in case number 01-36, the Board acknowledge the local settlement submitted by the parties and withdrawal of the complaint; and dismiss the case without further proceedings.Roll call vote:Stalker - yes; Westerhaus - yes; Chen - yes; Wellborn - yes; Seeland - yes; Haigh - yes; Carter - yes; Jeffrey - yes; Aboud - yes; Paulsen - yes; and Hathaway - yes.MOTION CARRIED UNANIMOUSLY.

William Haigh moved, with a second by Jean Seeland, that in case number
02-25, the Board initiate review of the proposed decision to examine whether the proposed sanction is appropriate in light of the findings.Roll call vote:Paulsen - yes; Aboud - no; Jeffrey - yes; Carter - yes; Haigh - yes; Seeland - yes; Wellborn - yes; Chen - yes; Westerhaus - yes; Stalker - yes; and Hathaway - yes.MOTION CARRIED.

Jean Seeland moved, with a second by Ying Ying Chen, that in case number 02-29, the Board initiate review of the proposed decision to examine whether the proposed sanction is appropriate in light of the findings.Roll call vote:Stalker - yes; Westerhaus - yes; Chen - yes; Wellborn - recuse; Seeland - yes; Haigh - yes; Carter - yes; Jeffrey - yes; Aboud - yes; Paulsen - yes; and Hathaway - yes.MOTION CARRIED.

Anita Westerhaus moved, with a second by Jean Seeland, that in case number 03-07, the Board accept the Respondent’s waiver of hearing and voluntary surrender and that the Board issue an order permanently revoking the Respondent’s license with no possibility of reinstatement.Roll call vote:Paulsen - yes; Aboud - yes; Jeffrey - yes; Carter - yes; Haigh - yes; Seeland - yes; Wellborn - yes; Chen - yes; Westerhaus - yes; Stalker - yes; and Hathaway - yes.MOTION CARRIED UNANIMOUSLY.

Veronica Stalker moved, with a second by John Aboud, to approve the May 16, 2003, minutes, as distributed.MOTION CARRIED UNANIMOUSLY.

Anita Westerhaus moved, with a second by Jean Seeland, to adopt and file the changes to the psychologist endorsement in Chapter 15 that add national certification as an option to program requirements and that list requirements for a one-year conditional license.MOTION CARRIED UNANIMOUSLY.

Ying Ying Chen moved, with a second by Jacqueline Wellborn, to adopt and file the proposed changes to Chapter 14 that clarify rules for the correction of licenses.MOTION CARRIED UNANIMOUSLY.
Jean Seeland moved, with a second by Thomas Paulsen, to adopt and file the proposed changes to chapter 14 that rename conditional licenses by using alpha characters.MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Jacqueline Wellborn, to adopt and file the proposed changes to chapter 11 that add the Iowa Department of Transportation (IDOT) to the list of those who are eligible to file a complaint with the Board.MOTION CARRIED UNANIMOUSLY.

Veronica Stalker moved, with a second by Ying Ying Chen, to adopt and file the proposed changes to chapter 11 that direct attorney general prosecution of complaints before the Board.Roll call vote:Stalker - yes; Westerhaus - yes; Chen - yes; Wellborn - yes; Seeland - no; Haigh - yes; Carter - yes; Jeffrey - yes; Aboud - no; Paulsen - yes; and Hathaway - yes.MOTION CARRIED.

John Aboud moved, with a second by Anita Westerhaus, to add the word "Iowa" to the proposed rules for movement from an initial license to a standard license, and with that modification, to adopt and file the proposed changes that list the criteria with reference to the Iowa teaching standards and those that address applicants with Iowa nonpublic or out-of-state experience.MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Jacqueline Wellborn, to change "from age 5 to 21" to "from birth to 21" in the special education portion, and with that modification, to file under Notice of Intended Action the proposed rules for a
PK-12 administrator that combined licensure requirements for an elementary and secondary principal and supervisor of special education programs (SPED).MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Jean Seeland, that in PFW 03-05, Edwin Termuende, the Board grant the Petition for Waiver.MOTION CARRIED UNANIMOUSLY.
STATE OF IOWA
BOARD OF EDUCATIONAL EXAMINERS
Grimes State Office Building - 400 East Grand
Des Moines, Iowa 50319-0147

Minutes
Annual Board Retreat
June 13-14, 2003

The Board of Educational Examiners held the first day of its annual board retreat at Urbandale Public Library in Urbandale, Iowa.The meeting was called to order by Board Chair Peter Hathaway at 9:30 a.m. on Friday, June 13, 2003.Members present were John Aboud, Brian Carter, Ying Ying Chen, William Haigh, Peter Hathaway, Thomas Paulsen, Jean Seeland, Jacqueline Wellborn and Anita Westerhaus.Also in attendance were Dr. Anne Kruse, Executive Director of the Board; Barbara Hendrickson, Board Secretary; four licensure bureau consultants; and one visitor.Arriving shortly thereafter were members Veronica Stalker and Judy Jeffrey.Assistant Attorneys General and legal counsel to the Board Jeanie Vaudt and Christie Scase arrived at 9:38 a.m. and 10:15 a.m., respectively.

The professional staff reported on a number of current topics.Susan Fischer spoke about the American Board for Certification of Teacher Excellence (ABCTE), an alternative route to teacher licensure and an attempt at national certification through standardized testing of subject matter and pedagogy and a pre-service teacher preparation requirement.David Morgan shared information on Western Governors University (WGU), the first completely on-line, competency-based university, collaborating with partner institutions to make use of distance learning materials available through the Internet.WGU gears itself to mid-career individuals, and it has a teacher education component.Mr. Morgan also more widely addressed the burgeoning field of distance education.

The Board recessed from 10:20 a.m. to 10:37 a.m.
Geri McMahon described the Troops to Teachers program, a U.S. Department of Education and Department of Defense program that helps eligible military personnel begin a new career as public school teachers.The program seeks to recruit and train participants in existing routes to teacher certification.In his report, Dr. Gary Borlaug noted that Iowa has no endorsement in computers and technology, so that any licensed teacher may teach in those areas.Rather than the suggested task force, the Board recommended a study committee to assess the computer and technology education field so as to determine the necessity for and wisdom in establishing a technology endorsement.Executive Director Dr. Anne Kruse then thanked Dr. Borlaug for his excellent work in creating and maintaining the Board’s website.Board investigator Sandra Brown gave the Board some insight into her work.She said the greatest challenge is working within the 180-day statutory timeframe.She cited typical reasons for investigative delays, including caseload, prioritization by allegation, lack of cooperation by parties, scheduling conflicts, receipt of documentation, and representation by legal counsel.

Assistant Attorney General and legal counsel to the Board Christie Scase distributed material that summarized for board members the purposes, powers and duties of the Board; regulations on gifts, honoraria, lobbying and outside employment; and the code of administrative judicial conduct.She examined in detail with members some aspects of the aforementioned responsibilities.

The Board recessed for lunch at 12:02 p.m. and reconvened at 1:16 p.m.

Ms. Scase continued her review with the Board.

Executive Director Dr. Anne Kruse and the Board considered the meeting dates proposed for the first half of next calendar year.They decided to change two of the dates to a Thursday, instead of the usual Friday, in order to accommodate members’ schedules:Thursday, February 5, 2004, and Thursday, May 6, 2004. They agreed to a reception with members of the legislature the day before the February board meeting:Wednesday, February 4, 2004.At a later meeting, the Board will confirm those dates yet proposed.Dr. Kruse next surveyed what parts of HF 549 had become law.Assistant Attorney General and legal counsel to the Board Christie Scase then informed the Board of the most recent action taken by the complainant in case number 98-12.

The Board recessed from 2:21 p.m. to 2:29 p.m.

Of the proposed ideas for discussion on the board retreat, the Board looked some at the issues of background checks and of a requirement of a content endorsement such as reading, math or science for the elementary endorsement.Members then turned their attention to detailed analysis of potential changes to Chapters 12 and 13 of the administrative rules, the criteria of professional practices and competent performance.They agreed to continue contact on this via e-mail, with proposed revisions to be presented at the July board meeting.

The Board recessed for the day at 4:06 p.m. and reconvened at 8:15 a.m. on Saturday, June 14, 2003, in Classroom B, Third Floor West, of the State Historical Building.Members present were John Aboud, Brian Carter, Ying Ying Chen, William Haigh, Peter Hathaway, Judy Jeffrey, Thomas Paulsen, Jean Seeland, 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 one visitor.Ms. Hendrickson, Ms. Scase and Ms. Vaudt left at 10:01 a.m., and Mr. Haigh left at 11:15 a.m.

Board Chair Peter Hathaway stated that the business meeting agenda needed to be amended.Jean Seeland moved, with a second by Anita Westerhaus, to amend the business meeting agenda by adding item 1.d. to Licensee Discipline, Case #03-07 - Cedar Rapids CSD v. Jim Jurgensen, and by moving item 4.b., Convert initial license to standard license, to 3.b.6. of the Consent Agenda.MOTION CARRIED UNANIMOUSLY.
Anita Westerhaus moved, with a second by Jean Seeland, 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).Roll call vote:Stalker - yes; Westerhaus - yes; Chen - yes; Wellborn - yes; Seeland - yes; Haigh - yes; Carter - yes; Jeffrey - yes; Aboud - yes; Paulsen - yes; and Hathaway - yes.MOTION CARRIED UNANIMOUSLY.

The Board reconvened into open session at 8:45 a.m.

Veronica Stalker moved, with a second by Anita Westerhaus, that in case number 01-36, the Board acknowledge the local settlement submitted by the parties and withdrawal of the complaint; and dismiss the case without further proceedings.Roll call vote:Stalker - yes; Westerhaus - yes; Chen - yes; Wellborn - yes; Seeland - yes; Haigh - yes; Carter - yes; Jeffrey - yes; Aboud - yes; Paulsen - yes; and Hathaway - yes.MOTION CARRIED UNANIMOUSLY.

William Haigh moved, with a second by Jean Seeland, that in case number
02-25, the Board initiate review of the proposed decision to examine whether the proposed sanction is appropriate in light of the findings.Roll call vote:Paulsen - yes; Aboud - no; Jeffrey - yes; Carter - yes; Haigh - yes; Seeland - yes; Wellborn - yes; Chen - yes; Westerhaus - yes; Stalker - yes; and Hathaway - yes.MOTION CARRIED.

Jean Seeland moved, with a second by Ying Ying Chen, that in case number 02-29, the Board initiate review of the proposed decision to examine whether the proposed sanction is appropriate in light of the findings.Roll call vote:Stalker - yes; Westerhaus - yes; Chen - yes; Wellborn - recuse; Seeland - yes; Haigh - yes; Carter - yes; Jeffrey - yes; Aboud - yes; Paulsen - yes; and Hathaway - yes.MOTION CARRIED.

Anita Westerhaus moved, with a second by Jean Seeland, that in case number 03-07, the Board accept the Respondent’s waiver of hearing and voluntary surrender and that the Board issue an order permanently revoking the Respondent’s license with no possibility of reinstatement.Roll call vote:Paulsen - yes; Aboud - yes; Jeffrey - yes; Carter - yes; Haigh - yes; Seeland - yes; Wellborn - yes; Chen - yes; Westerhaus - yes; Stalker - yes; and Hathaway - yes.MOTION CARRIED UNANIMOUSLY.

Board Chair Peter Hathaway asked if there were any public comments.There were none.

Veronica Stalker moved, with a second by John Aboud, to approve the May 16, 2003, minutes, as distributed.MOTION CARRIED UNANIMOUSLY.

The Board next looked at rules to be adopted and filed and had little discussion on most of them.

Anita Westerhaus moved, with a second by Jean Seeland, to adopt and file the changes to the psychologist endorsement in Chapter 15 that add national certification as an option to program requirements and that list requirements for a one-year conditional license.MOTION CARRIED UNANIMOUSLY.

Ying Ying Chen moved, with a second by Jacqueline Wellborn, to adopt and file the proposed changes to Chapter 14 that clarify rules for the correction of licenses.Notification by a licensee of a typographical or clerical error on a license within 30 days of mailing would incur no charge for a corrected license; notification beyond 30 days would incur the fee for a duplicate license.The addition of an endorsement not originally requested would require a new application, together with the appropriate application fee.MOTION CARRIED UNANIMOUSLY.

Jean Seeland moved, with a second by Thomas Paulsen, to adopt and file the proposed changes to chapter 14 that rename conditional licenses by using alpha characters.The terms to be changed appear to indicate to various national surveys and federal interpretation that a person has not yet attained minimal state licensure.The modifications would eliminate the need to explain continually in such inquiries that all Iowa teachers are fully licensed and properly endorsed.MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Jacqueline Wellborn, to adopt and file the proposed changes to chapter 11 that add the Iowa Department of Transportation (IDOT) to the list of those who are eligible to file a complaint with the Board.The Board had earlier received a disciplinary complaint from the Iowa Department of Transportation (IDOT) regarding alleged misconduct by the holder of a behind-the-wheel authorization.The complaint had been rejected because current Board rules did not provide for the filing of a complaint by IDOT.MOTION CARRIED UNANIMOUSLY.

Considering attorney general prosecution of complaints, Board Member Jean Seeland asked whether there was any way there might be further conversation on the issue, since there was still significant opposition from the Iowa State Education Association (ISEA).Assistant Attorney General and legal counsel to the Board Christie Scase said she believed that would not be beneficial because the matter had already been under discussion for over a year, and it appeared from ISEA’s written responses to the proposed rules that the organization’s representatives seemed to think it was a bad idea in any event.Statements were made and questions were answered that once again sought to clarify issues that had been deliberated at previous board meetings.Veronica Stalker moved, with a second by Ying Ying Chen, to adopt and file the proposed changes to chapter 11 that direct attorney general prosecution of complaints before the Board.Roll call vote:Stalker - yes; Westerhaus - yes; Chen - yes; Wellborn - yes; Seeland - no; Haigh - yes; Carter - yes; Jeffrey - yes; Aboud - no; Paulsen - yes; and Hathaway - yes.MOTION CARRIED.

The Board recessed from 9:36 a.m. to 9:45 a.m.

John Aboud moved, with a second by Anita Westerhaus, to add the word "Iowa" to the proposed rules for movement from an initial license to a standard license, and with that modification, to adopt and file the proposed changes that list the criteria with reference to the Iowa teaching standards and those that address applicants with Iowa nonpublic or out-of-state experience.MOTION CARRIED UNANIMOUSLY.

The Board next looked at rules for a combined K-12 Administrator endorsement.The rules combined the elementary and secondary principal endorsements with additional content to reflect the wider range of grade levels and the inclusion of special education.John Aboud moved, with a second by Jacqueline Wellborn, to change "from age 5 to 21" to "from birth to 21" in the special education portion, and with that modification, to file under Notice of Intended Action the proposed rules for a PK-12 administrator that combined licensure requirements for an elementary and secondary principal and supervisor of special education programs (SPED).MOTION CARRIED UNANIMOUSLY.

Edwin Termuende sought to waive the requirement for three years of elementary teaching experience prior to issuance of an elementary administrator license.He holds an Iowa professional teaching license with endorsements for secondary general science and secondary agriculture and an Illinois K-14 Administrative license.He served as an elementary level school administrator in Illinois for three years and taught secondary level science in excess of thirty years.He then accepted a position as administrator of an Iowa accredited nonpublic school.Mr. Termuende’s previous Petition for Waiver (PFW 02-27) had been denied, but recent Iowa legislation will require revision of current Board rule and obligate Board to disregard the level of teaching experience when processing an application for a school administrator’s license.John Aboud moved, with a second by Jean Seeland, that in PFW 03-05, Edwin Termuende, the Board grant the Petition for Waiver.MOTION CARRIED UNANIMOUSLY.
Board Member Thomas Paulsen then recommended that notice be sent to thoseapplicants whose petition for waiver had similarly been denied, so that they might re-apply under the new rules.

Keri Storjohann and Susie Clouser of SOLUTIONS, Inc. then began their program for the Board.The objective of the workshop was to assist the Boardwith public relations and communications services in order to enhance the public profile, visibility and mission of the Board of Educational Examiners.

The Board recessed for lunch at 12:00 p. m. and reconvened at 1:00 p.m.

The Board and SOLUTIONS, Inc. continued their session.

There being no further business, Board Chair Peter Hathaway adjourned the meeting at 2:46 p.m.