Motions

Meeting Called to Order

Licensee Discipline

Consent Agenda

Communication

Iowa Teacher of the Year Report

Legislative Update

License Appeal

Proposed Revisions to Chapters 12 and 13 – Second Reading

Proposed Teacher Intern Rules – Adoption

Adjournment

James Ehmen moved, with a second by Anita Westerhaus, 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: Jeffrey – yes; Westerhaus – yes; Seeland – yes; Ehmen – yes; Aboud – yes; Lewis – yes; Chen – yes; Paulsen – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

James Ehmen moved, with a second by Anita Westerhaus, that in case number 01-14, the Board adopt the proposed decision with the following modification:

1. undergo a comprehensive evaluation regarding professional boundary issues at her own expense, and shall provide the Board with a written report containing recommendations for treatment or education;
2. undergo a substance abuse evaluation at her own expense, and shall provide the Board with a written report containing recommendations for treatment or education; and
3. comply with all recommendations made as a result of the evaluations, and sign a release which will enable the Board to communicate with all individuals involved in Respondent’s evaluation and treatment.

Roll call vote: Paulsen – yes; Chen – yes; Lewis – yes; Aboud – yes; Ehmen – yes; Seeland – yes; Westerhaus – yes; Jeffrey – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

James Ehmen moved, with a second by Anita Westerhaus, that in case number 01-20, the Board initiate review of the proposed decision to examine whether the proposed sanction is appropriate in light of the findings. Roll call vote: Jeffrey – yes; Westerhaus – yes; Seeland – yes; Ehmen – yes; Aboud – yes; Lewis – yes; Chen – yes; Paulsen – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

James Ehmen moved, with a second by Anita Westerhaus, that in case numbers 01-18 and 01-19, the Board find that the evidence gathered in the investigation, including witness statements and the documentary evidence, did not produce evidence to establish a violation of criteria opposed to professional practices established by the Board of sufficient magnitude to pursue disciplinary action. While the Board does not approve or condone the behavior which is alleged to have occurred in this matter, investigation did not establish violation which rose to the level of unethical, discriminatory or harassing conduct, taking into account the local board policy and local resolution of this matter 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. Roll call vote: Paulsen – yes; Chen – yes; Lewis – yes; Aboud – yes; Ehmen – yes; Seeland – yes; Westerhaus – yes; Jeffrey – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

James Ehmen moved, with a second by Anita Westerhaus, that in case number 01-30, the Board extend the 180-day deadline for issuance of the final decision, based upon delay in investigation due to difficulty in contacting witnesses. Roll call vote: Jeffrey – yes; Westerhaus – yes; Seeland – yes; Ehmen – yes; Aboud – yes; Lewis – yes; Chen – yes; Paulsen – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

James Ehmen moved, with a second by Anita Westerhaus, that in case number 01-32, 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: Paulsen – yes; Chen – yes; Lewis – yes; Aboud – yes; Ehmen – yes; Seeland – yes; Westerhaus – yes; Jeffrey – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

James Ehmen moved, with a second by Anita Westerhaus, that in case number 01-33, 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: Paulsen – yes; Chen – yes; Lewis – yes; Aboud – yes; Ehmen – yes; Seeland – yes; Westerhaus – yes; Jeffrey – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

James Ehmen moved, with a second by Anita Westerhaus, that in case number 01-34, 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: Jeffrey – yes; Westerhaus – yes; Seeland – yes; Ehmen – yes; Aboud – yes; Lewis – yes; Chen – yes; Paulsen – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Jim Ehmen moved, with a second by Judy Jeffrey, to approve the March 1, 2002, minutes, as distributed. MOTION CARRIED UNANIMOUSLY.

Judy Jeffrey moved, with a second by Helen Lewis, that in case number
APP 01-02, the Board not initiate 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: Paulsen – yes; Chen – yes; Lewis – yes; Aboud – yes; Ehmen – yes; Seeland – yes; Westerhaus – yes; Jeffrey – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Judy Jeffrey moved, with a second by Jean Seeland, to file under Notice of Intended Action, the proposed changes to the deaf or hard-of-hearing and visual disabilities endorsements. Roll call vote: Paulsen – yes; Chen – yes; Lewis – yes; Aboud – yes; Ehmen – yes; Seeland – yes; Westerhaus – yes; Jeffrey – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

John Aboud moved that the Board approve the proposed teacher intern license rules, adding a sunset clause of 2008. The motion failed for lack of a second.

Anita Westerhaus moved, with a second by James Ehmen, to adopt and file the proposed teacher intern license rules. Roll call vote: Paulsen – yes; Chen – yes; Lewis – no; Aboud – no; Ehmen – yes; Seeland – no; Westerhaus – yes; Jeffrey – yes; and Hathaway – yes. MOTION CARRIED.

James Ehmen moved, with a second by Thomas Paulsen, to file under Notice of Intended Action, the proposed changes to the superintendent license. MOTION CARRIED UNANIMOUSLY.

James Ehmen moved, with a second by John Aboud, to file under Notice of Intended Action, the proposed changes to the evaluator license. Roll call vote: Jeffrey – yes; Westerhaus – yes; Ehmen – yes; Aboud – yes; Lewis – yes; Chen – yes; Paulsen – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

The Board of Educational Examiners held its monthly meeting on April 19, 2002. The meeting was called to order by the Board Vice-Chair, Peter Hathaway, at 8:02 a.m. Members attending were John Aboud, Ying Ying Chen, James Ehmen, Peter Hathaway, Judy Jeffrey, Helen Lewis, Thomas Paulsen, Jean Seeland, and Anita Westerhaus. Also in attendance were Christie Scase, Assistant Attorney General and legal counsel to the Board; Susan Fischer, Licensure Consultant; Barbara Hendrickson, Board Secretary pro tem; and other visitors. Executive Director Dr. Anne Kruse and Board Members William Haigh and Veronica Stalker were unable to attend the meeting.

The Board reconvened into open session at 9:32 a.m..

James Ehmen moved, with a second by Anita Westerhaus, that in case number 01-14, the Board adopt the proposed decision with the following modification:

1. undergo a comprehensive evaluation regarding professional boundary issues at her own expense, and shall provide the Board with a written report containing recommendations for treatment or education;
2. undergo a substance abuse evaluation at her own expense, and shall provide the Board with a written report containing recommendations for treatment or education; and
3. comply with all recommendations made as a result of the evaluations, and sign a release which will enable the Board to communicate with all individuals involved in Respondent’s evaluation and treatment.

Roll call vote: Paulsen – yes; Chen – yes; Lewis – yes; Aboud – yes; Ehmen – yes; Seeland – yes; Westerhaus – yes; Jeffrey – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

James Ehmen moved, with a second by Anita Westerhaus, that in case number 01-20, the Board initiate review of the proposed decision to examine whether the proposed sanction is appropriate in light of the findings. Roll call vote: Jeffrey – yes; Westerhaus – yes; Seeland – yes; Ehmen – yes; Aboud – yes; Lewis – yes; Chen – yes; Paulsen – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

James Ehmen moved, with a second by Anita Westerhaus, that in case numbers 01-18 and 01-19, the Board find that the evidence gathered in the investigation, including witness statements and the documentary evidence, did not produce evidence to establish a violation of criteria opposed to professional practices established by the Board of sufficient magnitude to pursue disciplinary action. While the Board does not approve or condone the behavior which is alleged to have occurred in this matter, investigation did not establish violation which rose to the level of unethical, discriminatory or harassing conduct, taking into account the local board policy and local resolution of this matter 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. Roll call vote: Paulsen – yes; Chen – yes; Lewis – yes; Aboud – yes; Ehmen – yes; Seeland – yes; Westerhaus – yes; Jeffrey – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

James Ehmen moved, with a second by Anita Westerhaus, that in case number 01-30, the Board extend the 180-day deadline for issuance of the final decision, based upon delay in investigation due to difficulty in contacting witnesses. Roll call vote: Jeffrey – yes; Westerhaus – yes; Seeland – yes; Ehmen – yes; Aboud – yes; Lewis – yes; Chen – yes; Paulsen – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

James Ehmen moved, with a second by Anita Westerhaus, that in case number 01-32, 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: Paulsen – yes; Chen – yes; Lewis – yes; Aboud – yes; Ehmen – yes; Seeland – yes; Westerhaus – yes; Jeffrey – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

James Ehmen moved, with a second by Anita Westerhaus, that in case number 01-33, 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: Paulsen – yes; Chen – yes; Lewis – yes; Aboud – yes; Ehmen – yes; Seeland – yes; Westerhaus – yes; Jeffrey – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

James Ehmen moved, with a second by Anita Westerhaus, that in case number 01-34, 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: Jeffrey – yes; Westerhaus – yes; Seeland – yes; Ehmen – yes; Aboud – yes; Lewis – yes; Chen – yes; Paulsen – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Jim Ehmen moved, with a second by Judy Jeffrey, to approve the March 1, 2002, minutes, as distributed. MOTION CARRIED UNANIMOUSLY.

Board Vice-Chair Peter Hathaway acknowledged senior member James Ehmen’s retirement from the Board. He characterized Mr. Ehmen as a man of initiative, integrity and independence: He is always willing to do what needs to be done; he has a very strong set of principles; and he is an independent thinker who votes his conscience. Mr. Hathaway read a letter of appreciation from the Governor and presented a certificate of appreciation from the Board. Mr. Ehmen responded that he feels that he has been the one honored by having worked with and for such quality educators in Iowa, and he will miss the Board.

Kathy Collins from School Administrators of Iowa spoke at the time of Public Comment. She added that organization’s congratulations and good wishes to James Ehmen on his retirement from the Board. She thanked the Board for timely initiating the monetary piece on the evaluator approval program and for making some "inching strides" towards relaxation in the administrator licensure requirements, urging them to continue flexibility in coming to grips with reasonable limitations.

Licensure Consultant Susan Fischer addressed the Education Department’s contingency plan for a possible half-day furlough of State employees on June 7, 2002, the date of the next Board meeting. The Board agreed that if the furlough materializes, members will hold the professional practices closed session the evening before and will hold the open session on the morning of the scheduled date, concluding no later than 12 p.m.

The Board recessed from 9:55 a.m. to 10:00 a.m., reconvening to a presentation by Iowa Teacher of the Year Gail Wortmann, who was introduced by Licensure Consultant Susan Fischer. Ms. Fischer informed meeting attendees that Ms. Wortmann and Board Member Thomas Paulsen are recipients of the Milken award this year for their outstanding teaching. Ms. Wortmann then offered details of her physics teacher case study and superintendents’ survey, conveying, thereby, some of the concerns about the teacher shortage as it appears now in several areas. She stated that although some decry alternative certification, the demand for teachers is obviously not being met, and something needs to be done. She noted that career-shifters are the fastest-growing population of teachers in the nation.

Ms. Wortmann thanked the Department of Education, ISEA, SAI and IASB for assistance and support in initiation and interpretation of the Iowa superintendents’ survey she conducted. The greatest response came from locations where there was concern about shortages; the lowest came from areas served by a high concentration of college preparation programs. Evidently the shortage problem is not evenly perceived across the state. Among her findings: the smaller the district, the larger the number who have left the profession; almost all districts reported shortages of some kind, and almost all are using conditional licenses; small schools have the largest percentage of unfilled positions; and although, generally speaking, the number of applicants has been inadequate, the quality has been acceptable. She detected that the smaller the district, the more unsatisfactory the quality of the candidate. Increasing teacher salaries was the solution most favored, while lowering teacher standards was favored least. Consequences of unfilled positions included increased class loads of other teachers, courses dropped, ICN use, shared positions, and long-term substitute teachers, the latter most characteristic of larger districts.

In terms of recruitment and retention, getting quality teachers requires getting quality teaching candidates, and the latter depends on offering quality teaching jobs, a school district’s responsibility. Other ideas Ms. Wortmann mentioned were: Future Educators of America clubs; encouragement of students’ interest in the profession; UNI’s teaching assurance program; ongoing contact with teacher preparation candidates; a change in the hiring timeline, although this is dependent on often-delayed projected funding; grants to "grow-your-own"; a common application form; use of the Teach Iowa and REAP website; review of the teacher-leader role; support and creative scheduling for current staff; utilization of elementary teachers for re-endorsement; promotion of and compensation for National Board certification; marketing of strengths, particularly through an effective website; realtor committee; complimentary memberships; invitations to activities; low-interest loans; job opportunities for a spouse; volunteers; housing and tax abatements; scholarship programs; business-based support of salaries; teacher quality plan; forgivable loans; lower income taxes; retirees’ returning without penalty; and quality alternative certification. Ms. Wortmann has even written a children’s storybook to encourage becoming a teacher.

The Board recessed from 10:50 a.m. to 11:05 a.m.

As a legislative update, Christie Scase, Assistant Attorney General and legal counsel to the Board, distributed a descriptive chart of the status of bills that pertained in some way to the Board, along with copies of the bills that were passed. Information on the five bills was an extension of what Executive Director Dr. Anne Kruse had provided to the Board at the March meeting, limited to the ones that had made it through the funnel. Both houses of the legislature approved four of the five bills. The Governor signed two of those; he has 30 days to decide on the other two approved just last week. Although the fifth bill passed the House, it is dead for this session because the Senate did not act upon it. That one included provision for changing the 180-day case resolution requirement to a 120-day investigative requirement and provision for waiver of superintendent licensure requirements for some very large districts. Ms. Scase corrected a handwritten notation on the handout of HF 2394, the elimination of community college licensure bill. The effective date for all sections except Section 5 is July 1, 2003; for Section 5 it was upon enactment, March 29, 2002.

Judy Jeffrey moved, with a second by Helen Lewis, that in case number
APP 01-02, the Board not initiate 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: Paulsen – yes; Chen – yes; Lewis – yes; Aboud – yes; Ehmen – yes; Seeland – yes; Westerhaus – yes; Jeffrey – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

The Board entertained a second reading of proposed revisions to Chapters 12 and 13. Judy Jeffrey reported a change in the teacher quality bill that makes the former model evaluation standards and criteria the de facto evaluation standards for all teachers in the state, with no opportunity for districts to change those for beginning teachers and only to add to them for teachers in career stage. She suggested that, in aligning what the BoEE expects for competence, the same language that is used for the standards and criteria that will be adopted by the State Board be transferred to Chapter 13. The current BoEE draft still has a significant amount of detail that should never rise to the level of review by the Board. Note was made that the referenced State Board standards and criteria do not encompass administrators. Ms. Jeffrey proposed that the BoEE take that material to the Leadership Partnership in an attempt to align principles and language similarly for administrator standards and competencies. She suggested delay in changes to Chapter 13 because the particulars concern work that is in progress. The Board agreed to this, but decided to proceed with Chapter 12 in terms of getting some initial input, comments and reaction from stakeholders. Vice-Chair Peter Hathaway thought that particular attention at the Board retreat should be paid to the section on contracts, since constituent interest in that topic will be high.

The Board recessed for lunch at 11:45 a.m. and reconvened at 12:40 p.m.

Licensure Consultant Jane Heinsen introduced Department of Education, Bureau of Children, Family and Community Services Consultants Marsha Gunderson and Karen Blankenship, who introduced proposed changes to the deaf or hard-of-hearing and visual disabilities endorsements, respectively. The intended revisions include a change in terminology in each field; a single endorsement (birth through 21) based on competencies rather than coursework and focused on student services regardless of program-delivery model; and a general education teaching license in addition to the disability-specific knowledge. Alternative licensure is not an option. Ms. Gunderson said that the University of Iowa is re-establishing a teacher preparation program in the hearing field, which will assist new teachers, those seeking licensure renewal, and out-of-state licensees who need additional coursework to meet Iowa licensure requirements. Ms. Blankenship said that UNI is committed to starting a program in visual disabilities in September 2002 and that the
State of Iowa has recognized the visual disabilities field as critical shortage area. Judy Jeffrey moved, with a second by Jean Seeland, to file under Notice of Intended Action, the proposed changes to the deaf or hard-of-hearing and visual disabilities endorsements. Roll call vote: Paulsen – yes; Chen – yes; Lewis – yes; Aboud – yes; Ehmen – yes; Seeland – yes; Westerhaus – yes; Jeffrey – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Summarizing the history of the proposed teacher intern license, Licensure Consultant Susan Fischer named round-table discussions, research, and several national meetings as avenues to the creation of the proposed rules to devise a program to obtain teachers in the classroom on the secondary level. Subsequently, six face-to-face hearings across the state and ten public hearings were held, and the Board had copies of the written and transcribed oral comments. Discussion highlighted that two things seemed to stand out from the responses: that the proposal should be a pilot project and that student teaching should be included. Board member consideration included, additionally, limitation of the license to only shortage areas, a timeframe to monitor and re-evaluate the program, and a reminder that modifications of administrative rules are easier to deal with than the Iowa Code. Representatives from ISU and Simpson shared information about their non-traditional programs, which lead to full licensure in designated areas within about the same amount of time as the proposed teacher intern program. John Aboud moved that the Board approve the proposed teacher intern license rules, adding a sunset clause of 2008. The motion failed for lack of a second. Anita Westerhaus moved, with a second by James Ehmen, to adopt and file the proposed teacher intern license rules. Roll call vote: Paulsen – yes; Chen – yes; Lewis – no; Aboud – no; Ehmen – yes; Seeland – no; Westerhaus – yes; Jeffrey – yes; and Hathaway – yes. MOTION CARRIED.

The Board recessed from 1:58 p.m. to 2:12 p.m., at which time Board Member Jean Seeland and Assistant Attorney General and legal counsel to the Board Christie Scase had to leave the meeting. The Board reviewed proposed changes in licensure experience requirements that would accept administrative experience in lieu of some of the required teaching experience. Such a move would eliminate some of the barriers that exist for people who wish to serve as administrators, who come from out-of-state. Clarification showed that a Petition for Waiver is sufficient for the Board to address exceptions to
non-statutory administrative licensure requirements and that some rules for administrators are currently in flux. The Board, consequently, decided to file notice only on the superintendent stipulations, since those need to be brought into alignment with actual practice, and to leave the elementary and secondary principal provisions to potential action by waiver. To a question about timely response to Petitions for Waiver in light of the less frequent number of Board meetings, Vice-Chair Peter Hathaway suggested the answer of an electronic poll, when needed. James Ehmen moved, with a second by Thomas Paulsen, to file under Notice of Intended Action, the proposed changes to the superintendent license. MOTION CARRIED UNANIMOUSLY.

The Board examined the proposed amended rules for the administrative license with evaluator endorsement. Upon applicant completion of the new evaluator training, the license fee will be $50, but that will be prorated at $10 per year of extension, if the applicant already holds an administrative or evaluator license. A one-year conditional license, with the possibility of one-year conditional renewal, at $10 each, may be issued to an individual who has not completed the required evaluator training necessary for renewal of the administrative and evaluator licenses, with a sunset date of January 1, 2005. James Ehmen moved, with a second by John Aboud, to file under Notice of Intended Action, the proposed changes to the evaluator license. Roll call vote: Jeffrey – yes; Westerhaus – yes; Ehmen – yes; Aboud – yes; Lewis – yes; Chen – yes; Paulsen – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

There being no further business, Board Vice-Chair Peter Hathaway adjourned the meeting at 2:40 p.m.