Motions

Meeting Called to Order

Licensee Discipline

Communication

Consent Agenda

Substitute Authorization – Notice

UNI/Marshalltown Presentation on Student Teachers as Substitutes

Alternative Licensure – Notice

Child and Dependent Adult Abuse Requirements for Renewal – Notice

Reading Requirement for Initial Licenses

Adding Endorsements – Notice

Proposed Changes to Psychologist Licensure Requirements

Discussion to Allow a School Nurse to Teach Health Classes

Adjournment

Judy Jeffrey moved, with a second by John Aboud, that the Board go into closed session for the purposes of discussing whether to initiate licensee disciplinary proceedings, pursuant to Iowa Code sections 21.5(1)(d). Roll call vote: Haigh – yes; Paulsen – yes; Lewis – yes; Aboud – yes; Seeland – yes; Westerhaus – yes; Chen – yes; Jeffrey – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Bill Haigh moved, with a second by Anita Westerhaus, that in case numbers

00-29 and 00-31, 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: Jeffrey – yes; Chen – yes; Westerhaus – yes; Seeland – recuse; Aboud – yes; Lewis – yes; Paulsen – yes; Haigh – yes; and Hathaway – yes. MOTION CARRIED.

Anita Westerhaus moved, with a second by Bill Haigh, that in case numbers

01-12 and 01-15, the Board acknowledge the local settlement submitted by the parties and issue an Order imposing the sanction agreed upon by the parties. Bill Haigh then received permission to make a comment. He said, "Personally, I am real outraged by this local settlement, that under this settlement, which requires the Board to acknowledge this local settlement and to not be able to review it or make any changes in it, I believe that the Board completely loses its authority to protect the public, and I strongly believe unless the law is changed to allow this Board, whose job is to protect the public, to review these types of decisions, to see if it’s the best thing for the children of this state, that there’s going to be other cases where children are put at risk through these kinds of local settlements that, unfortunately, protects educators at the expense of the children. So that while we have to acknowledge this settlement—we can’t do anything else, and I will be voting to approve that—it is done with great reluctance, and I very much hope that legislators take a look at the law and make the appropriate changes in it, so that the Board does have the ability to weigh all the evidence and make decisions, then, that are the best thing for the children." John Aboud added, "Reading the agreement, I’m very disturbed by the position we’ve been put in as a Board that, that an evaluator chosen by Mr. Regan can make the professional assessment of him and his professional skills proves suitability to work as a counselor with teenage girls. I’m just very unhappy with what they’ve done and that we have no choice to deal with it." Roll call vote: Haigh – yes; Paulsen – yes; Lewis – yes; Aboud – yes; Seeland – yes; Westerhaus – yes; Chen – yes; Jeffrey – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Bill Haigh moved, with a second by Anita Westerhaus, that in case number

00-32, the Board grant the motion to allow briefs. Roll call vote: Jeffrey – yes; Chen – yes; Westerhaus – yes; Seeland – yes; Aboud – yes; Lewis – yes; Paulsen – yes; Haigh – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Anita Westerhaus moved, with a second by Bill Haigh, to extend the 180-day deadline for issuance of the final decision in case number 01-18, based upon a delay in the investigation due to other pending investigations, difficulty in contacting witnesses, and time needed to conduct a hearing and receive the proposed decision. Roll call vote: Haigh – yes; Paulsen – yes; Lewis – yes; Aboud – yes; Seeland – yes; Westerhaus – yes; Chen – yes; Jeffrey – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Bill Haigh moved, with a second by Anita Westerhaus, to extend the 180-day deadline for issuance of the final decision in case number 01-19, based upon a delay in the investigation due to other pending investigations, difficulty in contacting witnesses, and time needed to conduct a hearing and receive the proposed decision. Roll call vote: Jeffrey – yes; Chen – yes; Westerhaus – yes; Seeland – yes; Aboud – yes; Lewis – yes; Paulsen – yes; Haigh – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Anita Westerhaus moved, with a second by Bill Haigh, to extend the 180-day deadline for issuance of the final decision in case number 01-20, based upon a delay in the investigation due to other pending investigations, difficulty in contacting witnesses, and time needed to conduct a hearing and receive the proposed decision. Roll call vote: Haigh – yes; Paulsen – yes; Lewis – yes; Aboud – yes; Seeland – yes; Westerhaus – yes; Chen – yes; Jeffrey – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Bill Haigh moved, with a second by Anita Westerhaus, to extend the 180-day deadline for issuance of the final decision in case number 01-21, based upon a delay in the investigation due to other pending investigations, difficulty in contacting the Respondent, and time needed to conduct a hearing and receive the proposed decision. Roll call vote: Jeffrey – yes; Chen – yes; Westerhaus – yes; Seeland – yes; Aboud – yes; Lewis – yes; Paulsen – yes; Haigh – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Anita Westerhaus moved, with a second by Bill Haigh, to extend the 180-day deadline for issuance of the final decision in case number 01-24, based upon a delay in the investigation due to other pending investigations, difficulty in contacting the Respondent, and time needed to conduct a hearing and receive the proposed decision. Roll call vote: Haigh – yes; Paulsen – yes; Lewis – yes; Aboud – yes; Seeland – yes; Westerhaus – yes; Chen – yes; Jeffrey – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Bill Haigh moved, with a second by Anita Westerhaus, to extend the 180-day deadline for issuance of the final decision in case number 01-25, based upon a delay in the investigation due to other pending investigations, difficulty in contacting witnesses, and time needed to conduct a hearing and receive the proposed decision. Roll call vote: Jeffrey – yes; Chen – yes; Westerhaus – yes; Seeland – yes; Aboud – yes; Lewis – yes; Paulsen – yes; Haigh – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Anita Westerhaus moved, with a second by Bill Haigh, that in case number

01-20 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; Lewis – yes; Aboud – yes; Seeland – yes; Westerhaus – yes; Chen – yes; Jeffrey – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Anita Westerhaus moved, with a second by Judy Jeffrey, to approve the November 9, 2001, minutes as distributed. MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Tom Paulsen, to file under Notice of Intended Action, the proposed substitute authorization rule, with the addition of "short-term," so that the section title reads: "Requirements for a short-term substitute authorization." Roll call vote: Jeffrey – yes; Chen – yes; Westerhaus – yes; Seeland- yes; Aboud – yes; Lewis – yes; Paulsen – yes; Haigh – no; and Hathaway – yes. MOTION CARRIED.

Peter Hathaway moved, with a second by John Aboud, to strike "middle school, junior high school" from the proposed teacher intern license rule and to add "grades 9-12" so that 282—14.129(1) Authorization reads "The teacher intern is authorized to teach in a high school, grades 9-12," and with that modification, to file under Notice of Intended Action. Roll call vote: Haigh – no; Paulsen – yes; Lewis – no; Aboud – yes; Seeland – yes; Westerhaus – yes; Chen – yes; Jeffrey – yes; and Hathaway – yes. MOTION CARRIED.

Jean Seeland moved, with a second by Helen Lewis, to file under Notice of Intended Action that all applicants renewing their license, authorization or certificate must submit documentation of completion, within the past five years, of the child and dependent adult abuse training approved by the state abuse education review panel. Roll call vote: Haigh – yes; Paulsen – yes; Lewis – yes; Seeland – yes; Westerhaus – yes; Chen – yes; Jeffrey – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY. (Board Member John Aboud was absent at this point.)

John Aboud moved, with a second by Tom Paulsen, to file under Notice of Intended Action that the practitioner must obtain a two-year conditional license while serving as the 7-12 teacher and that verification of competence may be submitted at any time during the term of the conditional license. The Executive Director will consult with the legal counsel to the Board regarding the use of "teacher" or "practitioner." Roll call vote: Jeffrey – yes; Chen – yes; Westerhaus – yes; Seeland – yes; Aboud – yes; Lewis – yes; Paulsen – yes; Haigh – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

The Board of Educational Examiners held its monthly meeting on January 18, 2002. The meeting was called to order by the Board Vice-Chair, Peter Hathaway, at 8:13 a.m. Members attending were John Aboud, Ying Ying Chen, Bill Haigh, Peter Hathaway, Judy Jeffrey, Helen Lewis, Thomas Paulsen, Jean Seeland, and Anita Westerhaus. Also in attendance were Dr. Anne Kruse, Executive Director of the Board; Chris Scase, Assistant Attorney General and legal counsel to the Board; Jean Davis, Assistant Attorney General and legal counsel to the Board; Christina Dykstra, Recording Secretary pro tem; and other visitors. Board Members Jim Ehmen and Veronica Stalker were unable to attend the meeting.

Judy Jeffrey moved, with a second by John Aboud, that the Board go into closed session for the purposes of discussing whether to initiate licensee disciplinary proceedings, pursuant to Iowa Code sections 21.5(1)(d). Roll call vote: Haigh – yes; Paulsen – yes; Lewis- yes; Aboud – yes; Seeland – yes; Westerhaus – yes; Chen – yes; Jeffrey – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

The Board reconvened into open session.

Bill Haigh moved, with a second by Anita Westerhaus, that in case numbers

00-29 and 00-31, 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: Jeffrey – yes; Chen – yes; Westerhaus – yes;
Seeland – recuse; Aboud – yes; Lewis – yes; Paulsen – yes; Haigh – yes; and Hathaway – yes. MOTION CARRIED.

Anita Westerhaus moved, with a second by Bill Haigh, that in case numbers

01-12 and 01-15, the Board acknowledge the local settlement submitted by the parties and issue an Order imposing the sanction agreed upon by the parties. Bill Haigh then received permission to make a comment. He said, "Personally, I am real outraged by this local settlement, that under this settlement, which requires the Board to acknowledge this local settlement and to not be able to review it or make any changes in it, I believe that the Board completely loses its authority to protect the public, and I strongly believe unless the law is changed to allow this Board, whose job is to protect the public, to review these types of decisions, to see if it’s the best thing for the children of this state, that there’s going to be other cases where children are put at risk through these kinds of local settlements that, unfortunately, protects educators at the expense of the children. So that while we have to acknowledge this settlement—we can’t do anything else, and I will be voting to approve that—it is done with great reluctance, and I very much hope that legislators take a look at the law and make the appropriate changes in it, so that the Board does have the ability to weigh all the evidence and make decisions, then, that are the best thing for the children." John Aboud added, "Reading the agreement, I’m very disturbed by the position we’ve been put in as a Board, that, that an evaluator chosen by Mr. Regan can make the professional assessment of him and his professional skills proves suitability to work as a counselor with teenage girls. I’m just very unhappy with what they’ve done and that we have no choice to deal with it." Roll call vote: Haigh – yes; Paulsen – yes; Lewis – yes; Aboud – yes; Seeland – yes; Westerhaus – yes; Chen – yes; Jeffrey – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Bill Haigh moved, with a second by Anita Westerhaus, that in case number

00-32, the Board grant the motion to allow briefs. Roll call vote: Jeffrey – yes; Chen – yes; Westerhaus – yes; Seeland – yes; Aboud – yes; Lewis – yes; Paulsen – yes; Haigh – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Anita Westerhaus moved, with a second by Bill Haigh, to extend the 180-day deadline for issuance of the final decision in case number 01-18, based upon a delay in the investigation due to other pending investigations, difficulty in contacting witnesses, and time needed to conduct a hearing and receive the proposed decision. Roll call vote: Haigh – yes; Paulsen – yes; Lewis – yes; Aboud – yes; Seeland – yes; Westerhaus – yes; Chen – yes; Jeffrey – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Bill Haigh moved, with a second by Anita Westerhaus, to extend the 180-day deadline for issuance of the final decision in case number 01-19, based upon a delay in the investigation due to other pending investigations, difficulty in contacting witnesses, and time needed to conduct a hearing and receive the proposed decision. Roll call vote: Jeffrey – yes; Chen – yes; Westerhaus – yes; Seeland – yes; Aboud – yes; Lewis – yes; Paulsen – yes; Haigh – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Anita Westerhaus moved, with a second by Bill Haigh, to extend the 180-day deadline for issuance of the final decision in case number 01-20, based upon a delay in the investigation due to other pending investigations, difficulty in contacting witnesses, and time needed to conduct a hearing and receive the proposed decision. Roll call vote: Haigh – yes; Paulsen – yes; Lewis – yes; Aboud – yes; Seeland – yes; Westerhaus – yes; Chen – yes; Jeffrey – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Bill Haigh moved, with a second by Anita Westerhaus, to extend the 180-day deadline for issuance of the final decision in case number 01-21, based upon a delay in the investigation due to other pending investigations, difficulty in contacting the Respondent, and time needed to conduct a hearing and receive the proposed decision. Roll call vote: Jeffrey – yes; Chen – yes; Westerhaus – yes; Seeland – yes; Aboud – yes; Lewis – yes; Paulsen – yes; Haigh – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Anita Westerhaus moved, with a second by Bill Haigh, to extend the 180-day deadline for issuance of the final decision in case number 01-24, based upon a delay in the investigation due to other pending investigations, difficulty in contacting the Respondent, and time needed to conduct a hearing and receive the proposed decision. Roll call vote: Haigh – yes; Paulsen – yes; Lewis – yes; Aboud – yes; Seeland – yes; Westerhaus – yes; Chen – yes; Jeffrey – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Bill Haigh moved, with a second by Anita Westerhaus, to extend the 180-day deadline for issuance of the final decision in case number 01-25, based upon a delay in the investigation due to other pending investigations, difficulty in contacting witnesses, and time needed to conduct a hearing and receive the proposed decision. Roll call vote: Jeffrey – yes; Chen – yes; Westerhaus – yes; Seeland – yes; Aboud – yes; Lewis – yes; Paulsen – yes; Haigh – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Anita Westerhaus moved, with a second by Bill Haigh, that in case number

01-20 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; Lewis – yes; Aboud – yes; Seeland – yes; Westerhaus – yes; Chen – yes; Jeffrey – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

The Board Vice-Chair asked if there were any Board Reports. There were none.

The Board Vice-Chair asked if there were any public comments. There were none.

The Executive Director reported that the agenda indicated how busy things have been, and so she did not, in the interest of time, elaborate with details at this juncture. She alerted the Board that attempts are being made to move some things along in technology and that the Board should see those in the not-too-distant future.

Anita Westerhaus moved, with a second by Judy Jeffrey, to approve the November 9, 2001, minutes as distributed. MOTION CARRIED UNANIMOUSLY.

Approval of the December 7, 2001, minutes will be deferred to the next Board meeting’s agenda, due to the shortage in clerical help.

A joint presentation by the University of Northern Iowa College of Education and Marshalltown Community School District followed. The subject was a proposal for a pilot study for authorization for student teachers to substitute teach prior to successful completion of Iowa licensure requirements. Attending were Dr. Roger Kueter, head of the department of teaching at UNI and director of student teaching; Dr. Richard Doyle, superintendent of Marshalltown CSD; and LaDonna Lines, a teacher in the Marshalltown CSD and teaching supervisor in the Marshalltown region for UNI. The Vice-Chair suggested that the Board take the matter under advisement at this time and bring the issue back at the next meeting for further discussion and consideration, since the Board needs time to analyze the material. It was further suggested that the presenters provide written comments and concerns from Marshalltown teachers to see how they are responding to the idea. The Executive Director was asked to let the Board know by next month the legal aspects and implications of student teachers involved in such a program, with particular interest in Board review in the case of violation.

BoEE consultant Geri McMahon joined the Board for review of child and dependent adult abuse requirements for renewal of licensure. She said that in House File 680, the 2001 Iowa General Assembly established an abuse education review panel for review and approval of mandatory reporter training curricula. Pursuant to this, the director of the Department of Public Health convened an expert panel to satisfy the mandate, and the panel has approved administrative rules and set program standards. In the past, the child and dependent adult abuse requirement was a condition of employment only; it is now also a condition of licensure. After mandating initial training no later than six months following employment, legislation requires additional child and dependent adult abuse training every five years. Under proposed Administrative Code changes, all applicants for renewal must submit documentation of completion of abuse training. Options are included for waivers. Identical language was used in the proposed changes to the chapters dealing with licensure renewal, viz., chapters 16, 17, 19, 20, 21 and 22. Discussion led to insertion of the statutory five-year requirement in the administrative rules as well. Inclusion of a section on revocation and suspension, which may or may not have been inadvertently left out of the Chapter 22 paraeducator piece, was also directed. Jean Seeland moved, with a second by Helen Lewis, to file under Notice of Intended Action that all applicants renewing their license, authorization or certificate must submit documentation of completion, within the past five years, of the child and dependent adult abuse training approved by the state abuse education review panel. Roll call vote: Haigh – yes; Paulsen – yes; Lewis – yes; Seeland – yes; Westerhaus – yes; Chen – yes; Jeffrey – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY. (Board Member John Aboud was absent at this point.)

The Board recessed for lunch at 11:45 a.m. and reconvened at 12:30 p.m.

House File 532 includes a reading requirement for all initial licenses. Although preparation in this area is included in the course of study for those attending Iowa institutions, applicants from non-Iowa institutions may view this requirement as adding to the list of perceived barriers to licensure in Iowa, whose standards have been regarded by some coming from out-of-state as too high and too strict. Board action to enforce this as a prerequisite for applicants from non-Iowa programs was deferred until the March Board meeting. The Executive Director and Board Member Judy Jeffrey were asked to confer and to see if there is a resolution to this matter. The Executive Director was also asked to bring the difficulty of this issue to the attention of legislators, as she meets with them regarding educational issues.

The Board next discussed a proposal to change the school psychologist licensure requirements. BoEE consultant Jane Heinsen introduced Charlotte Haselhuhn, consultant with the Bureau of Children, Family and Community Services, and John Doyle, a practicing school psychologist from Area 11. Ms. Haselhuhn then introduced Dr. Kit Gerken, head of the school psychology program at the University of Iowa and Dr. Barry Wilson, representing the school psychology program at the University of Northern Iowa. The proposed rule changes would permit two additional options for licensure as Iowa school psychologists: 1) those certified by the National Association of School Psychologists or 2) graduates from programs approved by the National Association of School Psychologists or the American Psychologist Association. The presenters asserted that individuals fulfilling either of these two options, by the same token also fulfill at least one of the program options currently required by the rules. Further discussion was generated on the questions of endorsement by a recommending official and a recency of education or experience requirement. Also proposed were rule modifications permitting a non-renewable one-year conditional license to be issued to those who have completed all of an approved school psychology program except for the thesis and/or internship, with specified limitations. The Vice-Chair proposed that the BoEE staff continue deliberation of the proposed program rule changes and come to the March Board meeting with some recommendations.

Discussion of a plan to allow a school nurse to teach health classes was deferred until the March Board meeting. Highlighted at this time, nevertheless, was the fact that the school nurse for some school districts is a contracted employee from a health institute.

In response to a question about the proposed posting of professional licenses, the Executive Director said that all was ready except for details surrounding the printing of licenses on security paper.

In light of the reduction in the number of Board meeting dates to every six weeks, due to the state budgetary issue, concern was expressed about continuity of matters before the Board. The Executive Director suggested that the Board evaluate the course of the 2002 spring meeting dates at the Board retreat in July and then work things out financially.

Board Member Helen Lewis asked about submission to the legislature of the recommendation of the task force on community college licensure. The Executive Director stated that the report had been forwarded by December 1, as required by law. She will soon start tracking legislation.

The Board retreat was confirmed for July 22-23.

There being no further business, the Board Vice-Chair, Peter Hathaway, adjourned the meeting at 1:30 p.m.