Motions

Meeting Called to Order

Licensee Discipline

Consent Agenda

Communication

Paraeducator Certificates - Addition of Library/Media Area
of Concentration and Clarification of Renewal Requirements

Petition for Waiver

Presentations on Conference Attendance

K-12 Principal/Supervisor to Instructional Special Education Programs
and Supervisor of Support for Special Education Programs

Superintendent/AEA administrator/AEA Director of Special Education

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 William Haigh, that in case number 01-35, Corning CSD vs. Robert Philip Davidson, the Board accept the proposed decision in all particulars and issue an Order adopting the proposed decision as the final decision of the Board. Roll call vote: Carter - no; Aboud - yes; Wellborn - yes; Chen - yes; Westerhaus - yes; Paulsen - yes; Haigh - yes; and Hathaway - yes. MOTION CARRIED.

William Haigh moved, with a second by Anita Westerhaus, that in case number 02-31, 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: Haigh - yes; Paulsen - yes; Westerhaus - yes; Chen - yes; Wellborn - yes; Aboud - yes; Carter - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

Anita Westerhaus moved, with a second by William Haigh, that in case number 03-01, the Board find that, although one or more of the allegations in the complaint may be substantiated by the witnesses interviewed in the course of the investigation and/or the documents gathered in the course of the investigation, and the allegations may constitute a technical violation of the Board’s statute or administrative rules; the evidence before the Board indicates that adequate steps have been taken to remedy the violation and to ensure that incidents of a similar nature do not occur in the future. Taking into account these circumstances, and the Board’s mission to act upon those complaints which involve a threat to the health and safety of students and the public, the Board will not pursue formal disciplinary action in this matter. Roll call vote: Carter - yes; Aboud - yes; Wellborn - yes; Chen - yes; Westerhaus - yes; Paulsen - yes; Haigh - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

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

Anita Westerhaus moved, with a second by William Haigh, that case number 02-31, the Board extend the 180-day deadline for issuance of the final decision, based upon the need to obtain additional information for the investigative report and to conduct a hearing and receive the proposed decision. Roll call vote: Carter - yes; Aboud - yes; Wellborn - yes; Chen - yes; Westerhaus - yes; Paulsen - yes; Haigh - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

Referring to the April 11, 2003, minutes, John Aboud corrected a word choice on p. 9, line 22 by substituting "situation" for "problem," so that the sentence reads: Board Member John Aboud commented that the elimination of community college teacher licensure presented a situation for some high school teachers, who no longer will be authorized to teach college-level classes. Brian Carter moved, with a second by John Aboud, to approve the April 11, 2003, minutes, as amended. MOTION CARRIED UNANIMOUSLY.
John Aboud moved, with a second by Jacqueline Wellborn, that in PFW 03-04, Lisa Vander Woude, the Board grant the Petition for Waiver. Roll call vote: Haigh - yes; Paulsen - yes; Westerhaus - yes; Chen - yes; Wellborn - yes; Aboud - yes; Carter - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Anita Westerhaus, that the Board contract with SOLUTIONS, Inc., for assistance with public relations and communications services to enhance the public profile, visibility and mission of the Board of Educational Examiners. MOTION CARRIED UNANIMOUSLY.

Jacqueline Wellborn was re-appointed to the Board as of May 1, 2003, replacing Helen Lewis. Ms. Wellborn had completed an unexpired term two years ago. Member introductions were shared following information about the death of the husband of Board Member Veronica Stalker.

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 9:45 a.m.
Board Chair Peter Hathaway first acknowledged the death of Dr. Stalker’s husband and alerted attendees to visitation and funeral arrangements.

Anita Westerhaus moved, with a second by William Haigh, that in case number 01-35, Corning CSD vs. Robert Philip Davidson, the Board accept the proposed decision in all particulars and issue an Order adopting the proposed decision as the final decision of the Board. Roll call vote: Carter - no; Aboud - yes; Wellborn - yes; Chen - yes; Westerhaus - yes; Paulsen - yes; Haigh - yes; and Hathaway - yes. MOTION CARRIED.

William Haigh moved, with a second by Anita Westerhaus, that in case number 02-31, 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: Haigh - yes; Paulsen - yes; Westerhaus - yes; Chen - yes; Wellborn - yes; Aboud - yes; Carter - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

Anita Westerhaus moved, with a second by William Haigh, that in case number 03-01, the Board find that, although one or more of the allegations in the complaint may be substantiated by the witnesses interviewed in the course of the investigation and/or the documents gathered in the course of the investigation, and the allegations may constitute a technical violation of the Board’s statute or administrative rules, the evidence before the Board indicates that adequate steps have been taken to remedy the violation and to ensure that incidents of a similar nature do not occur in the future. Taking into account these circumstances, and the Board’s mission to act upon those complaints which involve a threat to the health and safety of students and the public, the Board will not pursue formal disciplinary action in this matter. Roll call vote: Carter - yes; Aboud - yes; Wellborn - yes; Chen - yes; Westerhaus - yes; Paulsen - yes; Haigh - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.
William Haigh moved, with a second by Anita Westerhaus, that in case number 03-03, 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: Haigh - yes; Paulsen - yes; Westerhaus - yes; Chen - yes; Wellborn - yes; Aboud - yes; Carter - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

Anita Westerhaus moved, with a second by William Haigh, that case number 02-31, the Board extend the 180-day deadline for issuance of the final decision, based upon the need to obtain additional information for the investigative report and to conduct a hearing and receive the proposed decision. Roll call vote: Carter - yes; Aboud - yes; Wellborn - yes; Chen - yes; Westerhaus - yes; Paulsen - yes; Haigh - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

Referring to the April 11, 2003, minutes, John Aboud corrected a word choice on p. 9, line 22 by substituting "situation" for "problem," so that the sentence reads: Board Member John Aboud commented that the elimination of community college teacher licensure presented a situation for some high school teachers, who no longer will be authorized to teach college-level classes. Brian Carter moved, with a second by John Aboud, to approve the April 11, 2003, minutes, as amended. MOTION CARRIED UNANIMOUSLY.

Board Chair Peter Hathaway welcomed and introduced newest board member Jacqueline Wellborn to public attendees of the meeting.

Board Member Ying Ying Chen attended the Milken Award conference and gave brief details on a session she attended on a teacher mentoring partnership program between the University of Missouri and Missouri school districts.

Board Member Anita Westerhaus mentioned to the Board a packet of information on ethics for educators that was before them. Members were to read the material in preparation for the June retreat. Executive Director
Dr. Anne Kruse welcomed additional material from board members for consideration on the retreat.

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

Executive Director Dr. Anne Kruse highlighted a number of issues:

1) Five administrative public hearings were held on noticed rules, following Dr. Kruse’s appearance at administrative rules review committee hearings on them. Those rules will come before the Board at the next meeting to be adopted and filed.
2) Personnel updates addressed an increased workload.
3) Staff members are analyzing several states’ websites, looking to implement good ideas for the Board’s own site, which Licensure Consultant Gary Borlaug is timely and efficiently maintaining. Dr. Kruse welcomed additions, corrections and updates.
4) Licensure Consultant Geri McMahon has been working with a reading task force to see how the reading endorsement should be modified, if necessary. Dr. Kruse asked the group to consider specifically if the reading endorsement makes a difference, such that the endorsement should be required of all elementary teachers.
5) Staff is looking at the creation of an educational technology task force, with a focus on considering an educational technology endorsement. Distance learning has experienced phenomenal growth.
6) Dr. Kruse presented summary statistics on sexual abuse complaints examined by the Board in the past four years.
7) The Board was invited to submit requests for surveys and other information that they might want to see.
8) The Board looked at House File 549 and Senate Amendment 3332, which contained Board of Educational Examiners and Department of Education items. Dr. Kruse made mention of a number of measures of interest to the Board. Board Member Anita Westerhaus asked about outright support for the portions of the bill that reference sexual exploitation and school district mandatory reporting of release or resignation of contracted individuals for designated misconduct. Assistant Attorney General and legal counsel to the Board Christie Scase advised that contact with government leaders would not be inappropriate for board members as individual citizens.

The Board recessed from 10:47 a.m. to 10:58 a.m.

The Board next considered for notice proposed rules to add a School Library Media area of concentration to, and to clarify the renewal requirements for, the paraeducator certificate. Executive Director Dr. Anne Kruse told the Board that absent Board Member Judy Jeffrey wanted her to relay to the Board that Ms. Jeffrey was not sure the rules should be noticed at this time because she wanted a change in the section of the initial paraeducator core competencies (which section was not before the Board at this time) to include reading, writing and math. Ms. Jeffrey also expressed concern over use of the word "instructing" in item #2 in the list of possible credit units for renewal. A number of related points arose in discussion. Consensus followed Board Member William Haigh’s recommendation to return the proposed rules to the Board for notice when the issues and appropriate language have been worked out and finalized.

Lisa Vander Woude sought to waive the requirement for completion of a secondary methods course prior to issuance of a secondary (7-12) multi-categorical resource endorsement. She holds a standard license with K-12 MD: Moderate/Severe/Profound endorsement, as well as a conditional license with the general elementary classroom endorsement and the secondary multi-categorical resource endorsement. For the past two years, she found course offerings limited to daytime classes in on-campus locations, which would impose an undue hardship of significant unpaid leave. She has three years of experience teaching special education and has completed the required secondary multi-categorical resource methods class. The Board believed that the required secondary methods course would not significantly enhance her ability to teach under the secondary multi-categorical endorsement. John Aboud moved, with a second by Jacqueline Wellborn, that in PFW 03-04, Lisa Vander Woude, the Board grant the Petition for Waiver. Roll call vote: Haigh - yes; Paulsen - yes; Westerhaus - yes; Chen - yes; Wellborn - yes; Aboud - yes; Carter - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

Licensure Consultant Jane Heinsen reported on her participation in the Council for Exceptional Children Annual Conference. She attended sessions on teacher education, professional standards, on-line coursework and re-authorization of the Individuals with Disabilities Education Act. She also presented information on the federal grant awarded to Board of Educational Examiners and Department of Education on the Multi-categorical Resource Regents Endorsement Initiative (MCR-REI), which is a stipend program formulated to attract more multi-categorical teachers.

Licensure Consultant Susan Fischer attended the National Alternative Certification Annual Conference. She said most of the sessions dealt with the change in alternative certification to on-line programs, due to time, space, accessibility, faculty expertise and cost. Presentations showed how much technology could be used to offer a variety of material in teacher education programs. Board Member Jacqueline Wellborn interjected that she had taken three on-line professional development courses from the University of Northern Iowa and found them to be phenomenally good.

Executive Director Dr. Anne Kruse went to the Educational Testing Service Annual Client Meeting, as a result of Iowa’s participation in the pilot program of the Praxis II test. She mentioned a significant variety of testing services offered by the company. She referenced remarks made by a federal official from the U.S. Department of Education, and she said the current political climate heavily favors alternative preparation, vouchers, testing, and testing-in-lieu-of-coursework.
The Board recessed for lunch at 11:53 a.m. and reconvened at 12:39 p.m.

Licensure Consultant Susan Fischer introduced Administrative Consultant Dennis Dykstra with the Bureau of Children, Family and Community Services of the Department of Education. He was there to represent special education interests and to answer any specific questions about the roles of a special education supervisor and a director of special education. Representatives of most of the teacher preparation institutions, as well as directors of special education, responded favorably to Ms. Fischer’s inquiries regarding a K-12 administrator endorsement that would include a special education supervisor. College officials said that current issues in special education administration were already addressed in coursework and that they concurred with planned field experiences in elementary and secondary school administration that included special education administration. The Board decided to leave any further proscriptions in the details of the required practicum to the recommending institutions. The Board will see this proposal next as a
Notice of Intended Action.

Ms. Fischer then approached the proposal for an endorsement that would include superintendent, AEA administrator and AEA director of special education. AEA administrators contacted did not like the requirement for
in-depth knowledge of the listed powers and duties needed for the director of special education to be included, as well, for the AEA administrator position. On the other hand, the directors of special education need those same competencies to perform adequately in their role, and the directors of special education believed this knowledge would be beneficial to the AEA administrators and superintendents. The Board agreed that it appeared workable to combine the superintendent and AEA administrator into one endorsement and to exclude the AEA director of special education. The Board will view next time the two draft options based upon the results of the discussion.
Executive Director Dr. Anne Kruse reviewed some details for the June board retreat. She also described the potential benefits of a workshop by a local consulting firm. John Aboud moved, with a second by Anita Westerhaus,
that the Board contract with SOLUTIONS, Inc., for assistance with public relations and communications services to enhance the public profile, visibility and mission of the Board of Educational Examiners. MOTION CARRIED UNANIMOUSLY.

There being no further business, Board Chair Peter Hathaway adjourned the meeting at 1:55 p.m.