Page

Motions 2

Meeting Called to Order 9

Licensee Discipline 9

Consent Agenda 12

Communication 12

Class E License – Adopt 13

Code of Professional Conduct and Ethics and

Code of Rights and Responsibilities – Adopt 13

School Social Worker – Notice 14

Special Education Consultant – Notice 15

Director of Special Education – Notice 15

7-12 Math Endorsement – Notice 15

Licensure Appeals 15

Petitions for Waiver 16

ISEA Application for New Staff Development Program 22

Adjournment 22

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). Roll call vote: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Anita Westerhaus moved, with a second by Jacqueline Wellborn, that in case number 03-11, the Board table its decision until the July 30, 2004, meeting to allow a written decision to be prepared consistent with the Board’s discussion. Roll call vote: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Jacqueline Wellborn moved, with a second by Anita Westerhaus, that in case number 04-10, 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: Westerhaus – yes; Wellborn – yes; Seeland – yes; Paulsen – yes; Jeffrey – yes; Haigh – yes; Chen – yes; Carter – yes; Aboud – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

William Haigh moved, with a second by Anita Westerhaus, that in case number 03-25, the Board find probable cause to establish a violation of 282—12.3(1)(d); 13.7(1)(a) and (b); 13.9(1), (2) and (4); 13.12(3), (4) and (8); and 13.13(2) and (3) and order this case set for hearing. Roll call vote: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

William Haigh moved, with a second by Anita Westerhaus, that in case number 03-26, the Board find probable cause to establish a violation of 282—13.8(2), (3) and (5); 13.12(3), (4) and (8); 13.9(1), (2), and (4); and 12.3(1)(d) and order this case set for hearing. Roll call vote: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

William Haigh moved, with a second by Anita Westerhaus, that in case number 03-27, the Board reject the case based on lack of jurisdiction because the complaint was filed more than three years after the alleged misconduct. Roll call vote: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

William Haigh moved, with a second by Anita Westerhaus, that in case number 03-28, the Board find probable cause to establish a violation of 282—13.7(1)(a) and (b); 13.12(3), (4) and (8); and 13.13(2) and (3) and order this case set for hearing. Roll call vote: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Jacqueline Wellborn moved, with a second by William Haigh, that in case number 03-30, the Board find that the evidence gathered in the investigation, including witness statements and the documentary evidence, does not corroborate the allegations in the complaint, and that the Board therefore lacks probable cause to proceed with this matter. Roll call vote: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Anita Westerhaus moved, with a second by Jacqueline Wellborn, that in case number 04-07, the Board find probable cause to establish a violation of 282—12.1(1)(a) and 12.1(2) of the criteria listed for professional practices and competent performance established by this Board and order this case set for hearing. Roll call vote: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

William Haigh moved, with a second by Jacqueline Wellborn, that in case number 04-04, the Board extend the 180-day deadline for issuance of the final decision, based upon delay in investigation due to other ongoing investigations. Roll call vote: Westerhaus – yes; Wellborn – yes; Seeland – yes; Paulsen – yes; Haigh – yes; Chen – yes; Carter – yes; Aboud – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Anita Westerhaus moved, with a second by Jacqueline Wellborn, that in case number 04-05, the Board extend the 180-day deadline for issuance of the final decision, based upon delay in investigation due to other ongoing investigations. Roll call vote: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Anita Westerhaus moved, with a second by John Aboud, to approve the May 6, 2004, minutes, as distributed. MOTION CARRIED UNANIMOUSLY.

Ying Ying Chen moved, with a second by Brian Carter, to adopt and file the proposed changes to Chapter 14 that would deny a Class E license to an individual who has made no progress during the term of a Class A, B, C, or D (conditional) license, unless extenuating circumstances are verified. Roll call vote: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes;
Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

William Haigh moved, with a second by Anita Westerhaus, to replace the phrase "sexual orientation" with the phrase "membership in a definable minority" in the prohibited discriminatory practices rules in Chapters 25 and 26. Roll call vote: Aboud – yes; Carter – no; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – no; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED.

John Aboud moved, with a second by Thomas Paulsen, to adopt and file the revised administrative rules of professional conduct and ethics contained in the new Chapter 25 and the code of rights and responsibilities contained in the new Chapter 26, as amended. Roll call vote: Westerhaus – yes; Wellborn – yes; Seeland – yes; Paulsen – yes; Jeffrey – yes; Haigh – yes; Chen – yes; Carter – yes; Aboud – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Anita Westerhaus, to file under Notice of Intended Action, the proposed changes in rules to the school social worker endorsement, essentially an update, which would reflect modifications in licensure rules of the Board of Social Work within the Department of Public Health. Roll call vote: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Jean Seeland, to file under Notice of Intended Action, the proposed changes in rules for the special education consultant, with a change in service from "age 5 to 21" to "birth to 21" and elimination of references to early childhood special education programs. Roll call vote: Westerhaus – yes; Wellborn – yes; Seeland – yes; Paulsen – yes; Jeffrey – yes; Haigh – yes; Chen – yes; Carter – yes; Aboud – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Jean Seeland, to file under Notice of Intended Action, the proposed changes in rules for the director of special education endorsement. Roll call vote: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Ying Ying Chen, to file under Notice of Intended Action, the proposed changes to the licensure requirements for teaching mathematics at the secondary level, wherein the suggested rules clarify existing requirements, in particular the level of certain courses, so that every high school mathematics teacher would be mathematically prepared to teach. Roll call vote: Westerhaus – yes; Wellborn – yes; Seeland – yes; Paulsen – yes; Jeffrey – yes; Haigh – yes; Chen – yes; Carter – yes; Aboud – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

William Haigh moved, with a second by Anita Westerhaus, that in case number APP 04-01, Jesse Henderson, 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: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Thomas Paulsen moved, with a second by John Aboud, that in case number APP 04-03, Sheldon Ploeger, 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: Westerhaus – yes; Wellborn – yes; Seeland – no; Paulsen – yes; Jeffrey – yes; Haigh – yes; Chen – yes; Carter – yes; Aboud – yes; and Hathaway – yes. MOTION CARRIED.

Jacqueline Wellborn moved, with a second by Ying Ying Chen, that in PFW
04-17, Becky Pardonek, the Board grant the petition in part, i.e., waiver of the practicums, and deny in part, i.e., waiver of the course work requirements, for the pre-kindergarten through grade three, including special education endorsement. Roll call vote: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Brian Carter moved, with a second by Jean Seeland, that in PFW
04-09, Adam Pickering, the Board grant the Petition for Waiver. Roll call vote: Westerhaus – yes; Wellborn – yes; Seeland – yes; Jeffrey – yes; Haigh – yes; Chen – yes; Carter – yes; Aboud – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Jean Seeland moved, with a second by Jacqueline Wellborn, that in PFW
04-10, Robin Argo, the Board deny the Petition for Waiver. MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Judy Jeffrey, that in PFW 04-11, Sarah Knudsen, the Board grant in part the Petition for Waiver, i.e., waiver of the practicum and methods course, and deny in part the Petition for Waiver, i.e., waiver of the provisions which require applicants for the K-12 supervisor special education instructional and director of special education endorsements to hold at least one special education teaching endorsement at two different grade levels. MOTION CARRIED UNANIMOUSLY.

Judy Jeffrey moved, with a second by Jean Seeland, that in PFW 04-12, Alice Eilenstine, the Board grant the Petition for Waiver. MOTION CARRIED UNANIMOUSLY.

Jacqueline Wellborn moved, with a second by Ying Ying Chen, that in PFW
04-13, Doug Penno, the Board deny the Petition for Waiver. MOTION CARRIED UNANIMOUSLY.

Jacqueline Wellborn, that PFW 04-14, Robin Garrington, the Board grant the Petition for Waiver. MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Brian Carter, that PFW 04-15, Jeffrey Hughes, the Board grant the Petition for Wavier. MOTION CARRIED UNANIMOUSLY.

Brian Carter moved, with a second by John Aboud, that in PFW 04-16, Scott Fruehling, the Board deny the Petition for Wavier. MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Anita Westerhaus, that in PFW 04-18, Madelyn Tursi, the Board deny the Petition for Waiver. MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Anita Westerhaus, that the board approve ISEA’s application to be a licensure renewal program provider. MOTION CARRIED UNANIMOUSLY.

The Board of Educational Examiners held its monthly meeting on June 25, 2004, at Prairie Ridge Elementary School in Cedar Rapids, at the invitation of principal and Board Member Ying Ying Chen. Board Chair Peter Hathaway called the meeting to order at 9:02 a.m. Members attending were John Aboud, Brian Carter, Ying Ying Chen, William Haigh, Peter Hathaway, Judy Jeffrey, Thomas Paulsen, Jean Seeland, Jacqueline Wellborn and Anita Westerhaus. Also in attendance were Dr. Anne Kruse, Executive Director of the Board; Christie Scase, Assistant Attorney General and legal counsel to the Board; Barbara Hendrickson, Board Secretary; and other visitors. Board Member Greg Robinson and Assistant Attorney General and legal counsel to the Board Jeanie Vaudt were unable to attend the meeting. Mr. Paulsen left at 3 p.m.

First on the agenda were oral arguments by legal counsel in Case #03-11. James L. Sayre presented on behalf of complainants Rod and Rhonda Peyton, and Matthew G. Novak presented on behalf of respondent Becky Steele.

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). Roll call vote: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

The Board reconvened into open session at 11:03 a.m.

Anita Westerhaus moved, with a second by Jacqueline Wellborn, that in case number 03-11, the Board table its decision until the July 30, 2004, meeting to allow a written decision to be prepared consistent with the Board’s discussion. Roll call vote: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Jacqueline Wellborn moved, with a second by Anita Westerhaus, that in case number 04-10, 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: Westerhaus – yes; Wellborn – yes; Seeland – yes; Paulsen – yes; Jeffrey – yes; Haigh – yes; Chen – yes; Carter – yes; Aboud – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

William Haigh moved, with a second by Anita Westerhaus, that in case number 03-25, the Board find probable cause to establish a violation of 282—12.3(1)(d); 13.7(1)(a) and (b); 13.9(1), (2) and (4); 13.12(3), (4) and (8); and 13.13(2) and (3) and order this case set for hearing. Roll call vote: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

William Haigh moved, with a second by Anita Westerhaus, that in case number 03-26, the Board find probable cause to establish a violation of 282—13.8(2), (3) and (5); 13.12(3), (4) and (8); 13.9(1), (2), and (4); and 12.3(1)(d) and order this case set for hearing. Roll call vote: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

William Haigh moved, with a second by Anita Westerhaus, that in case number 03-27, the Board reject the case based on lack of jurisdiction because the complaint was filed more than three years after the alleged misconduct. Roll call vote: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

William Haigh moved, with a second by Anita Westerhaus, that in case number 03-28, the Board find probable cause to establish a violation of 282—13.7(1)(a) and (b); 13.12(3), (4) and (8); and 13.13(2) and (3) and order this case set for hearing. Roll call vote: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Jacqueline Wellborn moved, with a second by William Haigh, that in case number 03-30, the Board find that the evidence gathered in the investigation, including witness statements and the documentary evidence, does not corroborate the allegations in the complaint, and that the Board therefore lacks probable cause to proceed with this matter. Roll call vote: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Anita Westerhaus moved, with a second by Jacqueline Wellborn, that in case number 04-07, the Board find probable cause to establish a violation of 282—12.1(1)(a) and 12.1(2) of the criteria listed for professional practices and competent performance established by this Board and order this case set for hearing. Roll call vote: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Board Member Judy Jeffrey stepped out of the room on business and did not vote on the next two motions.

William Haigh moved, with a second by Jacqueline Wellborn, that in case number 04-04, the Board extend the 180-day deadline for issuance of the final decision, based upon delay in investigation due to other ongoing investigations. Roll call vote: Westerhaus – yes; Wellborn – yes; Seeland – yes; Paulsen – yes; Haigh – yes; Chen – yes; Carter – yes; Aboud – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Anita Westerhaus moved, with a second by Jacqueline Wellborn, that in case number 04-05, the Board extend the 180-day deadline for issuance of the final decision, based upon delay in investigation due to other ongoing investigations. Roll call vote: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Anita Westerhaus moved, with a second by John Aboud, to approve the May 6, 2004, minutes, as distributed. MOTION CARRIED UNANIMOUSLY.

The Board congratulated and applauded member John Aboud for receipt of the Iowa Bandmasters Association top award, the Karl L. King Service Award.

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

Executive Director Dr. Anne Kruse thanked Board Secretary Barbara Hendrickson and Board Member Ying Ying Chen for their preparations for the board meeting and for the Board direction advisory dinner session the evening before. She then directed the Board to a draft of a position statement regarding teacher testing as a condition of licensure. The Board suggested a few changes, and Dr. Kruse will present a revised draft at the July board meeting.

Board Chair Peter Hathaway expressed appreciation to Executive Director Dr. Anne Kruse for her preparations for the Board direction advisory dinner session held the evening before. The gathering was especially meaningful and powerful as it drew upon the background and history of the Board through documents and narrative. In light of Dr. Kruse’s resignation, Mr. Hathaway then said that the Board would recognize Dr. Kruse’s service and contributions to the Board on the evening before the July board meeting. Next he brought board members up-to-date on the activities of the search committee, which consists of Anita Westerhaus and Executive Subcommittee members Peter Hathaway, Brian Carter and Thomas Paulsen. Fourteen persons have applied for the Executive Director position, and the search committee is pleased with the caliber of the candidates. Further details were not made available pending notification to interviewees. July 14 will be the date of candidate interviews by board members.

The Board next considered several sets of rules. Ying Ying Chen moved, with a second by Brian Carter, to adopt and file the proposed changes to Chapter 14 that would deny a Class E license to an individual who has made no progress during the term of a Class A, B, C, or D (conditional) license, unless extenuating circumstances are verified. Roll call vote: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

The Board began discussion of additional proposed changes to Chapter 25, Code of Professional Conduct and Ethics, and then, after lunch, to Chapter 26, Code of Rights and Responsibilities, as well, based on feedback from the School Administrators of Iowa, the Iowa State Education Association and the Governor’s office staff.

The Board recessed for lunch at 11:58 a.m. and reconvened at 1:26 p.m.

In Chapter 25, the Board agreed to align the administrative rules regarding criminal convictions of Iowa Code section 272.2.14 with the date of enactment, which was July 1, 2002. Grammar, punctuation, and editorial changes were made in both Chapters 25 and 26. The Board was apprised of some
objection to the phrase "sexual orientation" with respect to each chapter’s prohibition of discriminatory practices, although this came neither from the Board nor from stakeholders. Assistant Attorney General and legal counsel to the Board Christie Scase described the options available to the Administrative Rules Review Committee and then suggested use of the term "membership in a definable minority" because courts, including the federal district court in Iowa, have held that the United States Constitution’s equal protection clause prohibits discrimination based upon membership in a definable minority. Board Member Judy Jeffrey added that the Department of Education, in conjunction with the Iowa Association of School Boards, will release a model policy in August for local school districts to voluntarily include sexual orientation on a student-to-student basis in guidelines at the local level. Board members wrestled considerably with the decision on the choice of words. William Haigh moved, with a second by Anita Westerhaus, to replace the phrase "sexual orientation" with the phrase "membership in a definable minority" in the prohibited discriminatory practices rules in Chapters 25 and 26. Roll call vote: Aboud – yes; Carter – no; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – no; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED.

John Aboud moved, with a second by Thomas Paulsen, to adopt and file the revised administrative rules of professional conduct and ethics contained in the new Chapter 25 and the code of rights and responsibilities contained in the new Chapter 26, as amended. Roll call vote: Westerhaus – yes; Wellborn – yes; Seeland – yes; Paulsen – yes; Jeffrey – yes; Haigh – yes; Chen – yes; Carter – yes; Aboud – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

The Board next considered revisions to selected special education endorsements, with little or no discussion. John Aboud moved, with a second by Anita Westerhaus, to file under Notice of Intended Action, the proposed changes in rules to the school social worker endorsement, essentially an update, which would reflect modifications in licensure rules of the Board of Social Work within the Department of Public Health. Roll call vote:

Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Jean Seeland, to file under Notice of Intended Action, the proposed changes in rules for the special education consultant, with a change in service from "age 5 to 21" to "birth to 21" and elimination of references to early childhood special education programs. Roll call vote: Westerhaus – yes; Wellborn – yes; Seeland – yes; Paulsen – yes; Jeffrey – yes; Haigh – yes; Chen – yes; Carter – yes; Aboud – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Jean Seeland, to file under Notice of Intended Action, the proposed changes in rules for the director of special education endorsement. Roll call vote: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

John Aboud moved, with a second by Ying Ying Chen, to file under Notice of Intended Action, the proposed changes to the licensure requirements for teaching mathematics at the secondary level, wherein the suggested rules clarify existing requirements, in particular the level of certain courses, so that every high school mathematics teacher would be mathematically prepared to teach. Roll call vote: Westerhaus – yes; Wellborn – yes; Seeland – yes; Paulsen – yes; Jeffrey – yes; Haigh – yes; Chen – yes; Carter – yes; Aboud – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

The Board recessed from 2:35 p.m. to 2:43 p.m.

The Board next reviewed two licensure appeal cases. Neither Executive Director Dr. Anne Kruse, who had denied each applicant a coaching authorization, nor Assistant Attorney General and legal counsel to the Board Christie Scase, who had prosecuted the cases, advised the Board in its decision. William Haigh moved, with a second by Anita Westerhaus, that in case number APP 04-01, Jesse Henderson, 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: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Paulsen – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Thomas Paulsen moved, with a second by John Aboud, that in case number APP 04-03, Sheldon Ploeger, 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: Westerhaus – yes; Wellborn – yes; Seeland – no; Paulsen – yes; Jeffrey – yes; Haigh – yes; Chen – yes; Carter – yes; Aboud – yes; and Hathaway – yes. MOTION CARRIED.

The Board next considered a series of Petitions for Wavier. Due to the request of a petitioner who attended the board meeting, the Board first addressed her request for a wavier. Becky Pardonek filed a petition to waive the additional course work required for her to obtain the pre-kindergarten through grade three, including special education endorsement. She holds a Master’s degree and a permanent professional certificate with the endorsements for the general elementary classroom, prekindergarten-kindergarten, and elementary behavior disorders. She has taught as a long-term substitute in an early childhood special education center for the majority of the past two years. A program of study prepared by Dr. Donna Raschke of the University of Northern Iowa, which accompanied the petition, indicated that Ms. Pardonek would need to complete three additional courses and two practicums in order for the University to recommend her for the endorsement desired. The Board found that, given Ms. Pardonek’s prior work experience, she need not complete the required practicums. She is eligible to obtain a Class C conditional license for a term up to three years. If she does so, she may be employed in a position requiring the desired endorsement while she completes necessary additional course work. Jacqueline Wellborn moved, with a second by Ying Ying Chen, that in PFW
04-17, Becky Pardonek, the Board grant the petition in part, i.e., waiver of the practicums, and deny in part, i.e., waiver of the course work requirements, for the pre-kindergarten through grade three, including special education endorsement. Roll call vote: Aboud – yes; Carter – yes; Chen – yes; Haigh – yes; Jeffrey – yes; Seeland – yes; Wellborn – yes; Westerhaus – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Adam Pickering requested a waiver of the requirement for completion of the final three-hour course currently required for the driver and safety education endorsement prior to recent amendment of board rules. He holds a standard license with endorsements for the general classroom and elementary behavior disorders and a Class C two-year conditional license for driver safety education. He has completed 12 credit hours of course work toward the driver and safety education endorsement, including Behind the Wheel, Driver Safety and Substance Abuse. Effective August 1, 2004, an amendment to board rules will reduce the required course work for this endorsement from 15 hours to 9 hours. Brian Carter moved, with a second by Jean Seeland, that in PFW
04-09, Adam Pickering, the Board grant the Petition for Waiver. Roll call vote: Westerhaus – yes; Wellborn – yes; Seeland – yes; Jeffrey – yes; Haigh – yes; Chen – yes; Carter – yes; Aboud – yes; and Hathaway – yes. MOTION CARRIED UNANIMOUSLY.

Robin Argo asked to waive the requirement for completion of 24 semester hours in industrial technology course work prior to issuance of a 7-12 industrial technology endorsement. He holds a standard license with endorsements for coaching, American history and psychology and a Class B two-year conditional license for all social studies, which is valid from 2001–2004. He held a Class B two-year conditional license for industrial technology from 1999-2002. He requested the waiver based upon his 21 years of experience as a member of the Naval Construction Force (SeeBees) and asked that the waiver remain in place through February 2007 (the date of expiration of his current license) or until he completes the required course work. Mr. Argo held a Class B two-year conditional for industrial technology from 1999-2002 and has had several years during which he could have completed significant portions of the course work required for this endorsement. Further, Board staff indicated that Mr. Argo is eligible to receive a Class E one-year extension of his conditional license. During this time he may identify with a college, determine what course credit may be granted based upon his prior education and experience, and make progress toward completion of the required coursework. Jean Seeland moved, with a second by Jacqueline Wellborn, that in PFW 04-10, Robin Argo, the Board deny the Petition for Waiver. MOTION CARRIED UNANIMOUSLY.

Sarah Knudsen wanted the Board to waive the requirement that an applicant for the K-12 supervisor special education instructional and director of special education endorsements must hold a special education instructional endorsement for at least two grade levels. She holds a master educator license with the endorsements for the general elementary classroom, elementary English, elementary reading, elementary behavior disorders, elementary learning disabilities, elementary multi-categorical special class with integration and consultant MC-SCI. She also holds a Class C conditional license for K-12 supervisor special education instructional and director of special education that expires September 30, 2006. The Petitioner has taught 7-12 methods, supervised practicums of 7-12 instructional programs, and has served middle and high schools as a special education consultant for the past 5 years. She indicated that the methods course that she completed to attain her current licenses was offered for both K-6 and 7-12 credit. The Board believed that Ms. Knudsen’s prior academic training and work experience have provided her ample opportunity to master the concepts of secondary special education methods; however, the Board does not find that an undue hardship is established as to the remaining course work that is necessary in order for Ms. Knudsen to obtain a secondary special education endorsement. John Aboud moved, with a second by Judy Jeffrey, that in PFW 04-11, Sarah Knudsen, the Board grant in part the Petition for Waiver, i.e., waiver of the practicum and methods course, and deny in part the Petition for Waiver, i.e., waiver of the provisions which require applicants for the K-12 supervisor special education instructional and director of special education endorsements to hold at least one special education teaching endorsement at two different grade levels. MOTION CARRIED UNANIMOUSLY.

Alice Eilenstine requested a waiver of the requirement that an applicant desiring to add an endorsement to an existing license must have completed a methods class appropriate for teaching in the general subject area of the endorsement. She currently holds a standard license with the endorsements for general business and office business. She held a Class B two-year conditional license for economics in 1991-1992 and obtained an extension in 2002. She is a high school business teacher who has taught an economics course for over 10 years. Because the economics course will be offered for social studies credit, she must obtain a social studies endorsement in order to continue to teach the course. The Board believed that Ms. Eilenstine’s prior academic training and work experience have provided her ample opportunity to master appropriate methods for teaching economics at the high school level. Judy Jeffrey moved, with a second by Jean Seeland, that in PFW 04-12, Alice Eilenstine, the Board grant the Petition for Waiver. MOTION CARRIED UNANIMOUSLY.

Doug Penno filed a petition to waive the provision that requires a licensee applying to obtain a supervisor of special education endorsement to complete a course regarding "current issues in special education administration," or the provision that requires an applicant for an endorsement to serve as a director of special education to hold the supervisor of special education endorsement. He holds a permanent professional teaching certificate with endorsements for behavioral disorders consultant, elementary behavioral disorders, instructional strategist for the secondary level, secondary physical education, and secondary physiology. He indicated that he has completed all of the course work necessary for him to qualify for issuance of the a supervisor of special education endorsement, which he needs in order to become eligible for the director of special education endorsement, except a course addressing "current issues in special education administration." Mr. Penno has a Ph.D. in Special Education and three years of special education administrative experience. Board staff noted, however, that he does not hold any administrative endorsement, nor has he held a conditional license in administration. The Board did not believe that the course scheduling conflict presented by Mr. Penno was, in itself, an undue hardship necessitating a waiver. He is eligible, moreover, to obtain a Class C special education conditional license if he needs additional time to complete the course. Jacqueline Wellborn moved, with a second by Ying Ying Chen, that in PFW 04-13, Doug Penno, the Board deny the Petition for Waiver. MOTION CARRIED UNANIMOUSLY.

Robin Garrington wanted a waiver from the requirement that an applicant desiring to add a secondary level endorsement must complete a teaching practicum appropriate for teaching at the level of the new endorsement. She holds a standard license with endorsements for the general elementary classroom, prekindergarten-kindergarten, elementary English, elementary reading, elementary multicategorical and elementary instructional strategist. Desiring to add the 7-12 English endorsement to her license, she will have completed all necessary course work for this endorsement by August of 2004. She has five years experience teaching in an 8^th grade language arts class, but has not completed supervised student teaching at the 7-12 level. That could have occurred under the supervision of a practitioner preparation program while she was teaching the 8^th grade, but she was not informed of this by university officials. In addition, the Board believed that Ms. Garrington’s work experience has provided her ample opportunity to master appropriate methods for teaching at the secondary level. Brian Carter moved, with a second by Jacqueline Wellborn, that PFW 04-14, Robin Garrington, the Board grant the Petition for Waiver. MOTION CARRIED UNANIMOUSLY.

Jeffrey Hughes asked to waive the requirement that an applicant desiring to add an endorsement to an existing license must have completed a methods class appropriate for teaching in the general subject area of the endorsement. He holds a standard license with endorsements in English and speech/theater and wanted to add the psychology endorsement. He holds a Master of Science degree in psychology and has taken over 80 hours in undergraduate and graduate psychology courses. He taught social studies to 10^th grade students for two years while employed in Missouri and is licensed to teach other secondary level subjects in Iowa. Mr. Hughes earned his undergraduate degree from the University of Nebraska in Kearney. The distance makes it impractical for him to return to his undergraduate institution to complete the requisite methods course. The local practitioner program that he contacted has indicated that he would be required to take a minimum of six credit hours before they would recommend him for the endorsement. Mr. Hughes has been unable to obtain the required course without incurring additional expense for courses not required for the endorsement. John Aboud moved, with a second by Brian Carter, that PFW 04-15, Jeffrey Hughes, the Board grant the Petition for Wavier. MOTION CARRIED UNANIMOUSLY.

Scott Fruehling wanted a waiver to allow him to teach a "Personal Law" course offered for social studies credit at the high school level, without his having either an American government or a sociology endorsement, which endorsements were determined to be appropriate for teaching the course, following consultation by the Board licensure consultant and accreditation consultant. Mr. Fruehling holds a standard teaching license with the endorsements for general business and world history. He wanted his training and personal experience as a reserve police officer with City of Cedar Rapids for the past 10 years to enable him to have requirements for the endorsement waived. The Board recognized that Mr. Fruehling may obtain a Class B two-year conditional license. If he does so, he may continue to teach the personal law course during the term of the conditional license, identify with a college which can determine if any of the requirements for the endorsements have been met through his prior training and experience, and complete necessary additional course work. Brian Carter moved, with a second by John Aboud, that in PFW 04-16, Scott Fruehling, the Board deny the Petition for Wavier. MOTION CARRIED UNANIMOUSLY.

Madelyn Tursi asked the Board to waive the 7-12 methods and strategies course required for issuance of a 7-12 multi-categorical resource endorsement. She holds a standard license with a general classroom endorsement and a three-year conditional license with a secondary multi-categorical endorsement. She has three years experience teaching in a 7-12 multi-categorical resource room. The Board found that the Ms. Tursi’s in-service training described was not equivalent to the specific course required. John Aboud moved, with a second by Anita Westerhaus, that in PFW 04-18, Madelyn Tursi, the Board deny the Petition for Waiver. MOTION CARRIED UNANIMOUSLY.

The Iowa State Education Association (ISEA) submitted an application to become a Licensure Renewal Program. The application met the timelines and criteria established by the Board for initial approval. Executive Director Dr. Anne Kruse recommended that the application be approved for one year, with stated conditions to be met by June 30, 2005. John Aboud moved, with a second by Anita Westerhaus, that the board approve ISEA’s application to be a licensure renewal program provider. MOTION CARRIED UNANIMOUSLY.

There was brief discussion of the announcement posted for the position vacancy for Executive Director of the Board of Educational Examiners.

There being no further business, Board Chair Peter Hathaway adjourned the meeting at 3:34 p.m.