John Aboud 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: Haigh - yes; Paulsen - yes; Chen - yes; Westerhaus - yes; Lewis - yes; Stalker - yes; Carter - yes; Aboud - yes; Seeland - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

Anita Westerhaus moved, with a second by William Haigh, that in case numbers 01-24 and 01-25, Dodds v. Patterson and Dodds v. Andersen, the Board not initiate a 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: Seeland - yes; Aboud- yes; Carter - yes; Stalker - yes; Lewis - yes; Westerhaus - yes; Chen - yes; Paulsen - yes; Haigh - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

Jean Seeland moved, with a second by Anita Westerhaus, that in case number 01-34, 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: Haigh - yes; Paulsen - yes; Chen - yes; Westerhaus - yes; Lewis - yes; Stalker - yes; Carter - yes; Aboud - yes; Seeland - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

William Haigh moved, with a second by Jean Seeland, that in case number
01-13, the Board extend the 180-day deadline for issuance of the final decision, due to the need for additional time to conduct a hearing, prepare a proposed decision, and review the proposed decision by the Board. Roll call vote: Seeland - yes; Aboud- yes; Carter - yes; Stalker - yes; Lewis - yes; Westerhaus - yes; Chen - yes; Paulsen - yes; Haigh - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

Jean Seeland moved, with a second by William Haigh, that in case number
01-14, the Board extend the 180-day deadline for issuance of the final decision,

based upon delay in investigation due to other pending investigations. Roll call vote: Haigh - yes; Paulsen - yes; Chen - yes; Westerhaus - yes; Lewis - yes; Stalker - yes; Carter - yes; Aboud - yes; Seeland - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

Anita Westerhaus moved, with a second by Jean Seeland, that in case number
01-15, the Board extend the 180-day deadline for issuance of the final decision, due to the need for additional time to conduct a hearing, prepare a proposed decision, and review the proposed decision by the Board. Roll call vote: Seeland - yes; Aboud- yes; Carter - yes; Stalker - yes; Lewis - yes; Westerhaus - yes; Chen - yes; Paulsen - yes; Haigh - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

Anita Westerhaus moved, with a second by Ying Ying Chen, to approve the October 11, 2002, minutes, as distributed. MOTION CARRIED UNANIMOUSLY.

Brian Carter moved, with a second by John Aboud, to table action on the changes to Chapter 11, involving prosecution of complaints by the Attorney General's office. Roll call vote: Haigh - yes; Paulsen - yes; Chen - yes; Westerhaus - yes; Lewis - yes; Stalker - yes; Carter - yes; Aboud - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Brian Carter, that in PFW 02-24, Dominic Giegerich, the Board deny the Petition for Waiver, with the exception of the limited waiver granted within the order. Roll call vote: Aboud- yes; Carter - yes; Stalker - yes; Lewis - yes; Westerhaus - yes; Chen - yes; Paulsen - yes; Haigh - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

The Board of Educational Examiners held its monthly meeting on November 7, 2002, in the Rodholm Room of the Humphrey Center on the campus of Grand View College in Des Moines. The meeting was called to order by the Board Vice-Chair, Peter Hathaway, at 8:30 a.m. Members attending were John Aboud, Brian Carter, Ying Ying Chen, William Haigh, Peter Hathaway, Helen Lewis, Thomas Paulsen, Jean Seeland, Veronica Stalker and Anita Westerhaus. Also in attendance were Dr. Anne Kruse, Executive Director of the Board; Jean Davis, Assistant Attorney General and legal counsel to the Board; Barbara Hendrickson, Board Secretary; and other visitors. Ms. Seeland left at 9:55 a.m., Ms. Davis at 11:53 a.m., and Mr. Paulsen at 12:30 p.m. Board Member Judy Jeffrey was unable to attend the meeting.

John Aboud 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: Haigh - yes; Paulsen - yes; Chen - yes; Westerhaus - yes; Lewis - yes; Stalker - yes; Carter - yes; Aboud - yes; Seeland - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

The Board reconvened into open session at 9:15 a.m.

Anita Westerhaus moved, with a second by William Haigh, that in case numbers 01-24 and 01-25, Dodds v. Patterson and Dodds v. Andersen, the Board not initiate a 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: Seeland - yes; Aboud- yes; Carter - yes; Stalker - yes; Lewis - yes; Westerhaus - yes; Chen - yes; Paulsen - yes; Haigh - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

Jean Seeland moved, with a second by Anita Westerhaus, that in case number 01-34, 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: Haigh - yes; Paulsen - yes; Chen - yes; Westerhaus - yes; Lewis - yes; Stalker - yes; Carter - yes; Aboud - yes; Seeland - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

William Haigh moved, with a second by Jean Seeland, that in case number
01-13, the Board extend the 180-day deadline for issuance of the final decision, due to the need for additional time to conduct a hearing, prepare a proposed decision, and review the proposed decision by the Board. Roll call vote: Seeland - yes; Aboud- yes; Carter - yes; Stalker - yes; Lewis - yes; Westerhaus - yes; Chen - yes; Paulsen - yes; Haigh - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

Jean Seeland moved, with a second by William Haigh, that in case number
01-14, the Board extend the 180-day deadline for issuance of the final decision,

based upon delay in investigation due to other pending investigations. Roll call vote: Haigh - yes; Paulsen - yes; Chen - yes; Westerhaus - yes; Lewis - yes; Stalker - yes; Carter - yes; Aboud - yes; Seeland - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

Anita Westerhaus moved, with a second by Jean Seeland, that in case number
01-15, the Board extend the 180-day deadline for issuance of the final decision, due to the need for additional time to conduct a hearing, prepare a proposed decision, and review the proposed decision by the Board. Roll call vote: Seeland - yes; Aboud- yes; Carter - yes; Stalker - yes; Lewis - yes;
Westerhaus - yes; Chen - yes; Paulsen - yes; Haigh - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

Executive Director Dr. Anne Kruse introduced Grand View College President Kent Henning, who welcomed the Board and visitors to the campus. Dr. Robin White, Chair of the Education Department, introduced department faculty present and gave a brief overview of the department's programs. Four students, representative of the elementary and secondary teacher preparation programs, each then made a presentation about their choice of Grand View for their undergraduate education.

Board Vice-Chair Peter Hathaway defined the membership of the Board of Educational Examiners, expressed the Board's interest in teacher education programs and the students being prepared, and then thanked college representatives for their hospitality for this visit.

Anita Westerhaus moved, with a second by Ying Ying Chen, to approve the October 11, 2002, minutes, as distributed. MOTION CARRIED UNANIMOUSLY.

Board Member Anita Westerhaus reported that contract committee members requested that she ask the Board to consider a stronger message in administrative rules for breach of contract, as a deterrent for both employee and employer. The committee suggested minimum sanctions or penalties for one-time or repeat violators and desired a method of dealing with the statute of limitations for filing on a breach of contract, which is currently three years from date of discovery. The committee deliberated language in a draft of administrative rules crafted by Christie Scase, Assistant Attorney General and legal counsel to the Board. An introductory section of definitions was deemed imperative for the sake of clarity so that language would be precise and teachers-in-training and new teachers would understand what a contract means. There is agreement among stakeholder organizations to honor contracts, to counsel members of the organizations to honor contracts, and
to support sanctions for both teachers and administrators for breach of contract. Vice-Chair Peter Hathaway asked about a window of opportunity to step away from a contract without incurring licensure penalty. Ms. Westerhaus noted current committee agreement to extend the date. William Unger, attorney with ISEA and member of the contract committee, added a few brief remarks, concurring that it has been positive process.

Board Member Helen Lewis mentioned that the Department of Education held its hearing on community college rules, which generated some questions with regard to the quality faculty plan committees and the establishment of mentoring programs. She said that community college faculty have been responsive to supplying meaningful suggestions for staff development in content/vocational areas and pedagogical training. Many hours have been devoted to these issues. Funding and time commitment present the usual problems.

Executive Director Dr. Anne Kruse congratulated Board Member Ying Ying Chen upon her receipt of the 2002 Milken award for outstanding administrative leadership skills. She noted that several current and prior board members had also been recipients of the award. Ms. Chen stated that she and other recipients actually represent a lot of great educators.

Dr. James Allen of Loras College, president-elect of the Iowa Association of Colleges for Teacher Education, comprising the 31 teacher preparation institutions in Iowa, spoke at the time of Public Comment. He urged the Board to prefile a bill to include in its membership a representative from a practitioner preparation program. Input from such an individual would benefit the Board, but more important would be clearer communication of Board directives.

William Unger of ISEA reiterated that the contract committee hoped to shorten the current three-year timeline allowed for filing a breach-of-contract complaint, since it is an awkward timespan during which a practitioner may have moved on to one or more subsequent positions.

Executive Director Dr. Anne Kruse reported on computer upgrades and personnel news. She then said that Drake University Law School intern Thomas Sarver had performed excellent research in statute and in rules, and he gathered a lot of information on virtual and internet courses and on how other states operate. Dr. Kruse related that at the end of June 2002, there were 1400 new beginning teachers hired in Iowa, including those from out-of-state, while new Iowa teacher graduates numbered about 3000.

Dr. Kruse expressed concern about the teacher intern program. Teacher Preparation Program Consultant Dr. Sandra Renegar has received no proposals, just notice of intent from about six or seven institutions, with viability for about two or three-maybe. Administrative rules are in place, but no programs. The office has received hundreds of calls, however, from interested parties. Dr. Kruse said she plans to apply for the federal transition to teaching grant, but that paperwork is not due until June, with implementation in late fall of next year, which would affect the following class. Another option would be out-of-state places that would readily come in and offer a program.

Dr. Kruse then displayed a sample of the proposed new Iowa teacher license, on security paper, which is suitable for framing. A pocket-sized copy accompanies it, as will a letter of welcome to the profession from Dr. Kruse.

The Board recessed from 10:35 a.m. to 10:46 a.m.

The next agenda item was further deliberation of proposed changes to Chapter 11 to implement House File 2482, prosecution of complaints by the Attorney General's office. Board members already had some opinions from stakeholder organizations in their notebooks. In addition, William Unger had earlier in the meeting distributed a multipage response from ISEA. Vice-Chair Peter Hathaway recommended tabling discussion to the December meeting before taking action, in order to permit the Board to consider ISEA's stance, along with the others. Brian Carter moved, with a second by John Aboud, to table action on the changes to Chapter 11, involving prosecution of complaints by the Attorney General's office. Roll call vote: Haigh - yes; Paulsen - yes; Chen - yes; Westerhaus - yes; Lewis - yes; Stalker - yes; Carter - yes; Aboud - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

The Board took a first look at proposed revisions to Chapter 14 on conditional license name changes. Suggested changes purport to avoid problems in definition of terms when interacting with federal agencies.

Dominic Giegerich submitted a petition to waive requirements for the issuance of an additional one-year conditional license in physics, provisions that it is nonrenewable and valid for one year. Mr. Giegerich has been granted five conditional licenses to assist him in meeting the conditions needed to add the physics endorsement to his license, but he has not availed himself of alternative educational opportunities to this end, despite the ample time and variety of venues afforded him. The Board granted a limited waiver so as to permit Mr. Giegerich to complete the school year, but stipulated that all necessary requirements for adding the physics endorsement to his license must be secured by August 15, 2003, and no additional conditional licenses shall be granted. John Aboud moved, with a second by Brian Carter, that in
PFW 02-24, Dominic Giegerich, the Board deny the Petition for Waiver, with the exception of the limited waiver granted within the order. Roll call vote: Aboud- yes; Carter - yes; Stalker - yes; Lewis - yes; Westerhaus - yes; Chen - yes; Paulsen - yes; Haigh - yes; and Hathaway - yes. MOTION CARRIED UNANIMOUSLY.

Executive Director Dr. Anne Kruse introduced the idea of possible prefiled bill to eliminate the requirement that teachers from out-of-state must satisfy a recency requirement in order to obtain an Iowa standard license. They must have taught three out of the last five years. Iowa teachers are not thus bound. The Board requested that staff bring to the December board meeting some recommendations for legislation.

The Board spoke at some length about practitioners teaching out of their endorsed areas. This presents a problem because it violates statute and No Child Left Behind legislation. In addition, in the absence of even a conditional license, the Licensure Bureau does not credit the experience towards licensure in the subject area in question. Staff will return to the Board with an action plan with recommendations to the Board of viable remedial options.

The next agenda item was an initial look at the prospect of a student teaching license because of the significant number of violations by student teachers and teachers on initial licenses. Executive Director Dr. Anne Kruse said that the Code of Iowa authorizes the Board to create a temporary limited-purpose license for those that are in teacher preparation programs at no fee, but the Board may charge for the background check. Staff will return to the Board with a summary of that and alternative options and the implications of each.

The Board recessed for lunch at 12:00 p.m. and reconvened at 12:50 p.m.

The Board discussed removal of endorsements by practitioner request. The Board will consider the issue again on the 2003 board retreat. Board Member Veronica Stalker requested staff to log calls between now and the retreat to evaluate reasons for any such requests, and Board Member Anita Westerhaus thought a list of the pros and cons of removal, suggested earlier the Executive Director, would also be helpful. Counsel to the Board will assist with any legal implications.

The Board was reminded that the December 13, 2002, meeting will be held at the State Historical Building.

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