Teacher Standards and Practices Commission



Teacher Standards and Practices Commission July 20-22, 2011

465 Commercial Street NE

Salem, Oregon 97301

MINUTES – July 2011 TSPC MEETING

University of Portland,

School of Education, Bauccio Commons

5000 N. Willamette Blvd, Portland, OR

TuesDay, July 19, 2011

Call to Order

On Tuesday, July 19, 2011, the Executive Committee convened at the Executive Director’s residence from

9:00 a.m. to 4:00 p.m. On Wednesday, July 20, the Commission convened at 8:15 a.m. in Public Session in the Boardroom of Bauccio Commons Building at the University of Portland to consider Preliminary Business, Program Approval, Professional Practices, and Licensure Rule Issues. On Thursday, July 21, the Commission reconvened at 8:00 a.m. for Commission Training, Commission Business, Administrative Rule Hearing, Professional Practices Issues, Administrative Rule Proposals, and Adoptions and Reports. On Friday, July 22, 2011, the Commission convened at 8:30 a.m. to reconsider the Warner Pacific program approval in Public Session. The Commission then convened in Executive Session [non-public] at 9:00 a.m. to consider Disciplinary Hearings and Investigation Reports. After lunch, the Commission reconvened in Public Session for Professional Practice decisions and the Discipline Consent Agenda. The meeting adjourned at 3:00 pm.

Commissioners attending:

Robert Sconce, Milt Dennison, Bill Beck, Shirley Madathil, Cassandra Wilson, Gordon Munck,

Nancy Watt, Tom Greene, Jeff Matsumoto, Shirley Blanchard, Melissa Sass, Gary Humphries,

Sam Stern, Kathleen Sundell and Mario Alba

Staff attending: Victoria Chamberlain, Keith Menk, Lynn Beaton, Melody Hanson, Matt Garrett,

Kathleen Rogers, Raul Ramirez, George Finch, Tanya Figgat, Jeff VanLannen and Paul Cimino

Guests Attending: Debi Miller, Shelly Smolnisky, Jim Howard, Bruce Weitzel, Jan Albrecht,

Bev Pratt, Heather Stanhope, Jennell Ives, Kathe Monroe, Lana Dana Barbarick, Pam LaFreniere,

Lisa VanLeeueo, Marilyn Gense, Jean Rystrom, Mickey Pardew, Christina Moore, Sheila Josin

Bill Rhoades, Kevin Bryant, Jim Bryant, Steve Stemberg, Lani Faita, Bill Flechtner, Cole Dawson,

Sue Thompson, Margaret Mahoney, Deb Allen, Randi Hitz, Hilda Roselli, Biana Weatherford,

Nell O’Malley, Michael Jaeger, Mark Ankeny, Scott Fletcher, Barbra Stegerson, Julie Gess-Newsome,

Heather Mauze, Carla Wade, Jacqueline Waggoner, Jim Carol, Roy Bundt, Janine Allen, Sheila Joshi,

Margaret Wright, Andrea Cook, Beverly Pearman, Colin Hunter and others.

1.0 PRELIMINARY BUSINESS

1.1 Introduction and Comments of Agency and Organization Representatives and Guests

Commissioners, staff and guests stated their name and affiliation for the record.

1.2 Discussion of Agenda Format and Acceptance of the Agenda

Sconce briefly summarized the agenda format for this meeting. A rule hearing regarding the LCA rule and several Division 50 rules will be held on Thursday at 11:00 am.

Resolution adopted as written. Absent / Brown, Wood

1.3 Approval of Minutes – (November 2010 and May 2011 meetings)

Removed from the agenda.

1.4 Chair Sconce’s Report

No report.

1.5 Executives Director Chamberlain’s Report

Instead of a report Chamberlain asked everyone to observe a moment of silence for a valued colleague, Tom Ruhl from Marylhurst College, and acknowledge his contributions to education in Oregon.

1.6 Reports from Liaison Appointees:

Beginning in August, 2011 Gary Humphries will represent the Commission at the State Board meetings.

** 1.7 Review of Correspondence and Information of Interest to Commissioners

Adopted as part of the Consent Agenda

2.0 COMMISSION TRAINING

2.1 History of Licensure Vickie Chamberlain

Removed from the agenda.

Legislative Update Presentation Vickie Chamberlain

Director Chamberlain gave a presentation of the Legislative education changes and also reviewed the TSPC budget. The PowerPoint presentation and audio clip are available on the TSPC web site under the July meeting agenda, item 2.1.

2.2 Program Review Training

Deputy Director Keith Menk reviewed the history of site visits and the new recommended site visit process. After Menk’s presentation, participants broke into small groups for a question and answer session around program approval and the site review process.

3.0 COMMITTEE CONSIDERATION OF PROGRAM APPROVAL ISSUES

3.1 Eastern Oregon University Special Education Program Proposal

In 2009, the Commission made significant revisions to the standards for the “general” special education endorsement that aligns with the national-adopted special education standards. EOU submitted their SPED endorsement modifications to demonstrate how their program aligns with the newly-adopted program standards.

Resolution adopted as written. / Absent / Brown, Wood

3.2 Eastern Oregon University ESOL Program Modification

EOU’s ESOL program has two variations in the sequencing of the program. Candidates admitted to EOU’s Initial I Teaching Licensure program at off-campus sites are able to simultaneously complete coursework for a teaching license and take coursework to add the endorsement. Candidates at the La Grande campus begin and complete the ESOL endorsement program prior to being admitted to an Initial I Teaching Licensure program.

After a lengthy discussion the commission amended the resolution to state:

RESOLVED, that candidates may complete EOU’s ESOL coursework prior to admission to teacher education but all practicum must be completed after admission to a teacher licensure program.

Amended resolution Carried. Abstain / Munck, Opposed / Watt, Absent / Brown, Wood

3.3 Portland State University School Social Worker Program

The Master of Social Work (MSW) program at the Portland State University School of Social Work proposes to implement a course of study that will prepare students for initial licensure as School Social Workers as authorized by TSPC. The proposal submitted includes a description of the program, including coursework; course descriptions; requirements for program admission, a competency matrix and course syllabi.

Resolution adopted as written. Absent / Brown, Wood

3.4 Lewis and Clark College Program Review Reports

The draft of Division 010 revisions recommends the establishment of a state program review process. Lewis and Clark College volunteered to be one of two institutions to pilot the program review process on the following programs: Early Childhood Elementary, Middle Level/High School, ESOL, Reading, Special Education, Administrator (Initial and Continuing), School Counseling, and School Psychologist.

Resolution adopted as written. Absent / Brown, Wood

3.5 University of Portland Program Review Reports

The draft of Division 10 revisions recommends the establishment of a state program review process. The University of Portland volunteered to be one of two institutions to pilot the program review process on the following programs: Early Childhood/Elementary, Middle Level, High School, ESOL, Reading, Special Education and Administrator (Initial and Continuing).

Commission delayed action on this agenda item until the November 2011 meeting.

3.6 Technology Proposal for Universities

At the May 2011 meeting, the Commission considered requiring a basic technology test as part of the set of “basic skills” tests. During the course of that meeting discussion, it was proposed that a workgroup of staff and OACTE representatives develop alternative administrative rule language regarding essential skills related to technology literacy. The OACTE workgroup recommends adoption of the following language in rule:

The unit will provide appropriate candidate and program assessment data related to the extent of the attainment of knowledge, skills, and dispositions to effectively meet technology-related professional educator standards. The unit will show how the data has been used to inform program practices.

Resolution adopted as written. Absent / Brown, Wood

3.7 Proposed Changes to School Counselor Standards

A committee of higher education stakeholders reviewed the current Initial School Counselor

Standards in Division 17 and recommended amendments based on feedback the stakeholders received from district representatives and mentor school counselors.

Substantial changes were made to the National School Counselor Standards in 2009. Director Chamberlain believes the minor proposed amendments made by TSPC and stakeholders in this proposal do not fully meet the content of the 2009 national standard changes. Chamberlain requested this agenda item be brought back to the November 2011 meeting for consideration at that time.

38 Transition to World Language Programs (from Individual “World Language Endorsements)

In February, 2011, the Commission adopted new World Language standards found in OAR 584-065-

0125. The rules established program requirements for all world language endorsement. Instead of

requiring each institution request approval of the individual world language under the new

standards, it is recommended that the Commission accept that each institution has essentially had an

established World Language endorsement program in the delivery of the individually endorsed world

languages.

Resolution adopted as written. Absent / Brown, Wood

3.9 Division 10, 17 and 18 Proposed Rules, Handbooks, and Procedures

A workgroup with representatives of the Commission and OACTE have been meeting for several months to discuss revisions to Division 17 administrative rules relating to program approval standards. The workgroup reviewed the Commission’s current standards and compared them to the National Council for Accreditation of Teacher Education (NCATE) unit standards and identified critical policy issues along with recommendations for wording in the newly proposed state standards.

Discussion: Internal inconsistencies are a concern regarding work samples and authorizations.

Teacher work samples are the only evidence of effectiveness. If we say the candidate has pedagogy at two levels and we are committed to four levels of authorizations. Rule 584-017-1015 should say at each level of authorization not just speak generally about the pedagogical knowledge.

Considered and adopted to refer to hearing under agenda item 9.4.

Resolution adopted as written. Absent / Wood, Brown

3.10 Update on Candidate and Employee Survey

A workgroup with representatives of the Commission and the Oregon Association of Colleges of Teacher Education (OACTE) began meeting on September 21, 2009, to begin discussions about a statewide survey of program completers and employers. The Employer survey and the New Teacher survey were presented to the Commission at the February 2010 meeting for approval. The survey

was administered from the first week in January 2011 and was concluded on February 13, 2011. Information regarding the next survey results should be available at the November meeting.

** 3.11 Site Visit Schedule

Adopted as part of the Consent Agenda.

** 3.12 Pacific University Marketing Endorsement (High School Level)

Moved to and adopted as part of the Consent Agenda.

4.0 COMMITTEE CONSIDERATION OF LICENSURE ISSUES

4.1 Candidates Reviewed for Alternative Assessment

The Commission allows alternative assessment of teacher candidates in lieu of subject matter tests. The Licensure staff completed alternative evaluation summaries for two (2) candidates who met the minimum requirements and submitted the evaluations to the Commission for ratification.

During the “low-test score” discussion it was suggested the commission review the requirements for alternative assessment at the next meeting.

Resolution adopted as written. Opposed / Dennison, Absent / Brown, Wood

4.2 Consider Late Fee Waivers for Lapsed Licenses (Initial 1 only)

This is a difficult economic time for educators. To help educators who are unemployed, staff proposes waiving late fees in situations in which the educator has extenuating circumstances that have prohibited education-related employment.

Resolution adopted as written. Absent / Brown, Wood

4.3 Review Continuing School Psychologist Licensure Program

Staff proposed that the Commission consider realigning this license more closely to the requirements of the former license: e.g., needing only evidence of experience as a licensed school psychologist to obtain the Continuing School Psychologist License. The Commission may determine that the “initial” preparation for this license includes the “advanced” preparation for this license since it is an “advanced” license to start with.

Staff was directed to draft the same rule language but remove the requirement for a doctorate or NASP certification and leave the experience requirement.

4.4 Continuing Professional Development Credits

Staff is proposing edits to the CPD program that would make it clear that the CPD requirements apply to Initial II and Limited Licenses, just as they do to other license types. This is a correction to the original intent of the commission. By the November meeting staff would like to receive input from stakeholders concerning several issues that have been previously discussed concerning CPD.

The Licensure Chair asked for a motion to accept the Division 90 housekeeping issues noted in the attached rules (agenda item 4.4a) regarding who must complete CPD in all renewable licenses.

Moved by Munck / Second by Dennison / Carried

Absent / Brown, Wood

4.5 Consider Continuing Administrator Licensure Timelines

ORPEA proposed to: “change the (current) 9-year two renewal periods for the Initial Administrator License to a 6-year one renewal period to better prepare our Oregon administers to meet both building and system level needs for closing achievement gaps and keeping our schools abreast of current educational demands.

After a lengthy discussion the commission amended the proposed resolution to state:

RESOLVED, to retain the current rule language in OAR 584-080-0012. (9 year renewal)

Moved by Watt / Second by Alba / Carried

In favor / Watt, Stern, Sundell, Sass, Madathil, Humphries, Dennison, Blanchard, Alba, Matsumoto, Wilson

Opposed / Beck, Munck, Sconce

Absent / Brown, Humphries, Wood

4.6 Alternative Path for Master’s in Sopcial Work Licenses to School Social Worker

To obtain the new School Social Worker License, an applicant is required to complete a program specifically designed to serve as a social worker in Oregon’s schools. Should individuals with a MSW be allowed to meet the requirements for the new license? Early conversations by the Commission, including conversations with legislators and social worker faculty included the expectation that currently licensed MSWs would have to complete a “school component” in order to obtain the new School Social Worker License.

The intent upon adoption of the new School Social Worker License was, unlike school counselors and school psychologists, districts could continue to hire social workers either licensed by TSPC or by the state Board of Social Workers.

In the alternative, the commission may determine that a minimum period of employment by a school district as a licensed MSW would satisfy the “school component” of the preparation program.

After a discussion the commission agreed they generally support the alternative route.

4.7 School Counseling and School Psychology Licensure

Some school districts are hiring counselors and psychologists that are licensed by other state licensure boards without holding a TSPC license. The Commission needs to either affirm the current requirements, e.g., that all School Counselors and all School Psychologists must hold a TSPC license, or amend the Commission’s rules to reflect the Commission’s position that it is “okay” for school districts to hire counselors and psychologists (who are not working solely with special education populations) that are licensed by another of the state’s licensure boards.

The commission supports the Director’s decision to insist counselors and psychologists hold a TSPC license to work in schools. Chair Sass directed staff to “hold that line.”

4.8 License Authorizations (Issues)

Understanding licensure “authorization codes” and “authorizations” generally is so difficult, that it has confounded educators, school districts, human resource officers, commissioners, preparation programs, TSPC staff and many others for decades.

Currently, OAR 584-005-0005(11) defines "Authorization Level:" The grade levels in which a person may teach, i.e., early childhood, elementary, middle level and high school as defined in OAR 584-060-0051.

After a lengthy discussion commission consensus was to begin aligning the Initial and Continuing authorizations with the Basic and Standard authorizations.

9. CTE Licensure (Transition Issues) Discussion Item

Removed from the Agenda.

10. Licensure Rules to Hearing and for Adoption

Audio of the rule discussion is available on the July 2011 meeting agenda under items 4.10, 9.1 and 9.2.

Licensure Rules to Hearing: (agenda item 9.1)

AMEND:

584-042-0008 -- Five-Year Career and Technical Education Teaching License

584-042-0012 -- Career and Technical Education Teaching License Renewal

584-042-0021 -- Definitions

584-042-0031 -- Career and Technical Education I Teaching License

584-042-0036 -- Career and Technical Education II Teaching License

584-042-0044 -- Career and Technical Education Endorsements

584-042-0051 -- Career and Technical Education (CTE) Professional Development Plan

584-042-0081 -- Career and Technical Education Restricted Substitute Teaching License

Considered and adopted to refer to hearing under agenda item 9.1.

Absent / Brown, Wood, Greene

Licensure Rules to Adopt: (agenda item 9.2)

ADOPT:

584-060-0250 – License for Conditional Assignment (LCA)

584-080-0008 – Scope of Administrator Licenses

AMEND:

584-005-0005 -- Definitions

584-060-0062 – Adding Endorsements to Initial [I, Initial II] or Continuing Teaching Licenses

584-070-0411 – Initial School Social Worker License

584-070-0421 – Continuing School Social Worker License

584-080-0012 – Initial Administrator License (IAL)

Discussion:

584-060-0250 License for Conditional Assignment.

The LCA would replace the current Conditional Assignment Permit (CAP). It was suggested that school districts should pay the $25 LCA fee. ODE does not believe the LCA can be considered highly qualified (HQ). The deadline date for school districts to notify TSPC regarding miss-assignments is October 31. The LCA was tabled until the November 2011 meeting.

The ED stated the rule has been silent in the past so CAPs could be issued for SPED.

A straw vote was taken to determine where the commission stands regarding allowing CAPS for SPED.

Option one: Allow districts to request a CAP for SPED on any license: 7

Option two: Complete one-half of a SPED program before allowing a CAP in SPED: 7

584-080-0008 – Scope of Administrator Licenses:

Discussion: take supervision out of (1) an administrator license is required to but leave evaluation and remove paragraph two of rule 584-080-0008.

(1) An administrator license is required to:

(a) Evaluate licensed personnel;

(b) Supervise licensed personnel;

(c) Discipline licensed personnel; or

(d) Authorize out-of-school suspension or expulsion of students.

(2) An administrator license is recommended to:

(a) Manage or direct the content or financing of instructional programs; or

(b) Authorize a district or school-wide plan for expenditure of funds.

Moved by Munck / Second by Watt / Carried, Absent / Brown, Wood, Greene

5.0 Commission Training

5.1 Effects of Chemical Dependency Dr. Jessica Gregg

Dr. Jessica Gregg is board certified in addiction medicine. Dr. Gregg is Medical Director of the Hooper Detoxification Center and the Medical Director of the Oregon Health Professionals Services’ Program.

Dr. Gregg gave an interactive presentation on understanding chemical dependency and substance abuse in the workplace. The presentation included defining substance abuse, addiction and impairment. Dr. Gregg spoke about the signs and symptoms of substance abuse, actions to take when you are concerned about abuse and how these issues affect the educational field.

6.0 COMMISSION BUSINESS

6.1 Warner Pacific College Program Approval

On February 22-24, 2010, a TSPC on-site team reviewed Warner Pacific College–Department of Education program pursuant to OAR’s Division 10, to evaluate compliance with Teacher Standards and Practices Commission’s established standards for program quality in Division 17.

After an extensive discussion with commissioners, Warner Pacific representatives and Raul Ramirez, DOJ, on Thursday, July 21, the commission took action.

Vote on the proposed resolution as written on Thursday, July 21 - Opposed

In favor / Beck, Sconce, Watt, Wilson, Madathil

Opposed / Dennison, Greene, Munck, Sundell, Blanchard, Humphries, Stern, Sass

Abstain / Alba

Absent / Matsumoto, Wood, Brown

After further discussion, a motion was made by Gordon Munck / Seconded by Sundell to approve Warner Pacific College with conditions. This motion was withdrawn.

Chair Sconce suggested staff create recommendations for the commission to consider that could result in approval of the program with conditions. The commission approved a recommendation to give Director Chamberlain time to consider the information from this discussion and bring back new recommendations.

Chair Sconce statement for commissioners: During lunch today I had two commissioners that came up and misunderstood the effects of the yes/no vote dealing with Warner Pacific. As a result of that and the confusion, and we believe that it could affect the outcome of the motion, we have advised Warner Pacific’s attorney, she will be here tomorrow morning at 8.30, we will revote and at this point we ask that commissioners not discuss that agenda item any further. It’s my understanding that all of us will be here tomorrow at 8:30 and we’ll bring it back up. 8:30 is a bump-up, we were going to start at 9 a.m. on Professional Practices so we will be in regular session at 8:30 and move into executive session after that.

Reconsideration and vote on Friday, July 22, 2012:

Additional Warner Pacific review was conducted on Friday morning. The commission discussed the proposed resolution again on Friday due to confusion on Thursday. Additional motions were voted on and an action was confirmed.

MOTION to reconsider agenda item 6.1, Warner Pacific.

Moved by Humphries / Second Wilson / Carried.

In favor / Beck, Dennison, Greene, Humphries, Madathil, Matusmoto, Munck, Sundell, Sass, Sconce, Stern, Watt, Wilson,

Absent / Wood, Brown, Alba

MOTION, to strike the first sentence of the last RESOLVED.

Moved by Blanchard / Second by Watt / Carried

In Favor / Beck, Blanchard, Humphries, Madathil, Munck, Sundell, Sass, Sconce, Stern, Watt,

Opposed / Dennison, Greene, Matsumoto, Wilson

Absent / Alba, Brown, Wood

MOTION, to oppose the resolution and move forward to develop a stringent list of conditions for Warner Pacific.

Moved by Dennison / Second by Munck

MOTION withdrawn by Dennison / Second by Munck.

MOTION, to adopt the resolution after striking the first sentence in the last Resolved

Moved and Seconded / Carried

In Favor / Beck, Humphries, Madathil, Blanchard, Sass, Sconce, Watt, Wilson

Opposed / Dennison, Greene, Munck, Sundell, Stern

Abstain / Matusmoto

Absent / Alba, Brown, Wood

6.2 Legislative Wrap-up

No audio or text available.

6.3 Report on Teacher Performance Assessment Opportunity (TPAC)

The TPAC is currently a 21-state consortium. On, June 24, 2011, Dr. Ray Pecheone indicated that Oregon would sign an MOU that indicates that the state is committed to the “work.” The “work” means the state and volunteer institutions of higher education (IHE’s) would participate in the pilot/field test. The MOU is handled through AACTE.

Pecheone made it clear that the MOU does not obligate the step to “adopt” the TPA for all programs. The process involves recruiting three to four institutions that will commit to the remainder of the full pilot for the portfolios areas they choose: elementary, secondary or content areas.

Additional information is available on 6.3a of the July meeting.

** 6.4 State Consortium for Educator Effectiveness Update

Adopted as part of the Consent Agenda.

6.5 CAEP/and NCATE Blue Ribbon Alliance

National Council Accreditation of Teacher Education (NCATE) and Teacher Education Accreditation Council (TEAC) are in transition into The Council for the Accreditation of Educator Preparation (CAEP). The transition is scheduled to be complete by 2013.

NCATE is the current national accrediting agency with which the state of Oregon (TSPC) has a formal partnership agreement.

** 6.6 Report on NASDTEC Conference

Adopted as part of the Consent Agenda.

6.7 Report on ELL Collaborative

TSPC, ODE, and public and private higher education in partnership with some school district

representatives are exploring the possibility of establishing a TSPC requirement that currently-licensed teachers earn an ESOL endorsement within three years of program completion for initial licensure.

As reported at the May 2011 Commission meeting, on April 14, 2011, a group of representatives met at the TSPC office to explore possibilities for policy change around the ESOL endorsement. Several key concepts emerged to identify the proficiencies for starting ESOL teachers and subsequent levels of advanced proficiency ESOL teachers should demonstrate.

A follow-up meeting on June 1, 2011, was proposed with district representatives, higher education faculty and state representatives to discuss program and policy recommendations that would ensure that pre-service and veteran teachers have the opportunity to learn and demonstrate the recommended proficiencies.

6.8 Report on Joint Work with Autism Commission

In 2008, the ASD Workgroup was created as an ad hoc committee by the Chairs of the House Education and Health Care Committees in response to the concerns of families and agencies attempting to address the needs of the rapidly growing population of children and adults identified with ASD in Oregon. The workgroup was chaired by Representative Chris Edwards and included other legislators, state agency staff, and several family members.

The proposal by the Autism Commission requested the establishment of an Autism Specialist license endorsement that is meant for a highly skilled group of educators who will be teacher leaders. The intention is not to require this endorsement for all SPED teachers.

Candidate requirements for admission to the program are educators have a SPED endorsement on a Initial license and a minimum of three years experience in special education.

Resolution adopted as written. Opposed / Greene, Absent / Brown, Wood

6.9 Executive Director’s Evaluation

The Executive Director is evaluated annually based on goals adopted in public session. The director’s goals for this past year were adopted at the August 2008 meeting. [agenda item 6.9b.]

The survey this year will be sent to commissioners and TSPC staff. The Vice-chair will gather results and write the evaluation that will be reviewed with Director Chamberlain at the November 2011 meeting.

Resolution adopted as written. Absent / Sass, Brown, Humphries, Wood

6.10 Meeting Calendar for 2012-2013

Meeting dates established by Commission action last year for the 2011-2012 school year:

• November 3-4, 2011 at TBD

• February 2-3, 2012 at TBD

• April 26-27, 2012 at TBD

• July 18-20, 2012 at TBD

Proposed dates for 2012-2013:

• November 1-2, 2012 at TBD

• February 7-8, 2013 at TBD

• April 25-26, 2013 at TBD

• July 24-26, 2013 at TBD

6.11 Nominating Committee for 2012 Executive Committee

At the last meeting of the calendar year, TSPC elects a Chairperson, Vice Chairperson and two Executive Committee members. The Executive Committee consists of these four officers plus the immediate past Chairperson. If the past Chairperson is not returning, TSPC elects a third Executive Committee member.

The nominating committee for 2012 is:

Shirley Madathil, Nancy Watt, and Gary Humphries

6.12 Proposed Amendments to Commission Handbook

The Handbook was reviewed by Commissioners Sconce, Munck and the Executive Director. Proposed amendments were incorporated into the attached draft. Several sections are proposed to be deleted either due to subsequent legislative changes or due to the fact that the same provisions may be located in statutes or administrative rules and do not need to be repeated in a procedural handbook.

Resolution adopted as written. Absent / Brown, Sass, Humphries, Wood

** 6.13 TSPC Work Plan

Adopted as part of the Consent Agenda.

** 6.14 TSPC Data Reports

Adopted as part of the Consent Agenda.

** 6.15 Expenditure Report for the Month of May and June 2011

Adopted as part of the Consent Agenda.

7.0 HEARING ON ADMINISTRATIVE RULES

7.0 Administrative Rule Hearing

Adopt

584-060-0250 – License for Conditional Assignment (LCA)

Amend –see agenda item 9.3

584-050-0015 – Reinstatement of Suspended, Revoked, or Surrendered License or Registration

Generally

584-050-0016 – Reinstatement of Suspended License, Registration, or Right to Apply for a License or Registration

584-050-0018 – Reinstatement of Revoked License, Registration, or Right to Apply for a License, Certificate or Registration

Two guests came forward to testify about rule 584-060-0250 - LCA. Raul Ramirez, DOJ, stated after reviewing the commission rules and statues and the Administrative Procedures Act (APA) that a CAP and LCA are considered a license.

These rules were voted on under agenda item 9.2 and 9.3.

8.0 FULL COMMISSION CONSIDERATION OF PROFESSIONAL PRACTICES ISSUES

8.1 Report on Investigative Staffing

Tanya Figgat has been hired as a new Investigator 2 within TSPC and fills the position vacated by Joseph Ortiz’ resignation. Tanya joins the existing staff of:

• Paul Cimino – full time Investigator 2. Started March 14, 2008.

• Jeff VanLaanen – full time Investigator 2. Started June 18, 2009.

• George Finch – full time Investigator 3/Legal Liaison. Started July 1, 2010.

• Cristina Edgar – full time Investigative Assistant. Started December 17, 2007.

• Joanne Kandle – full time Investigative Assistant. Started April 21, 2008.

• Kathy Rogers – full time as primarily administrative support. Started February 14, 2005.

• Melody Hanson – full time Director of Professional Practices/Executive Assistant. Started in May 2000.

2. Review of Case Assignments (Regions/Zones)

Cases are assigned to Investigators based on the geographic location of the school district in the state. Jeff VanLaanen covers the upper northwest portion of the state west of I-5, Tanya Figgat, covers the lower southwest; and Paul Cimino, covers the entire eastern part of the state. Cases within Linn County will be assigned to Investigators based on current workload to ensure an even distribution of cases.

Discipline cases are prioritized in the following order:

• Child abuse (touching, inappropriately touching, abuse)

• Boundary violations (inappropriate comments, sharing text messages, etc.)

• Assault (using excessive force on a student)

• Failure to report child abuse

• Internet pornography

• Adult cases (sexual harassment, affairs with colleagues, etc.)

• Drugs / Alcohol

George Finch, Investigator 3/Legal Liaison, is responsible for negotiating and writing drafts of stipulated settlement agreements, writing notices for an opportunity for hearing, preparing for contested case hearings, presentations to school districts, follow-up investigations required for preparation for hearings, and applications for reinstatement and violations of probation.

8.3 Professional Practices Backlog Report

Total Cases under consideration during this meeting: 65

Total Cases pending before the Commission: 226

Total Cases pending the hearing process: 324

8.4 Report on Letter of Informal Reproval Process

The Letter of Informal Reproval was created by the 2009 Legislative Assembly as a pilot program that will run until June 30, 2012. The purpose of this program is to provide a confidential mechanism for the Commission to sanction educators who have engaged in conduct that affects their ability to be professionally effective. The one exception to this confidentiality requirement is to notify the educator’s current employer of the terms of this agreement to assist the person in complying with the terms of the letter.

Total Reprovals from 2009 to 2011: 23

Reproval Recipients: 3 Administrators, 3 student teachers, 4, licensed teachers, 8 Oregon prepared.

Length of Licensure Statistics: Average 12 years

Type of Violations Warranting a Reproval: Breached Test Security, Breached Duty of Confidentiality:

Conviction, Expired License, Failure to Disclose, False Representation, Inappropriate Comments,

Inappropriate Communications w/a Student, Inappropriate Disciplinary Methods, Inappropriate Visits to Students’ Homes and Transportation of Students, Left Classroom Unattended, Previous Professional Discipline, Taught Outside of Scope of Licensure, Under the Influence at Back to School Night.

8.5 Report on Annual Disciplinary Lists

The Commission is required by ORS 342.203 to annually circulate a list of all teachers and administrators whose licenses have been suspended, revoked or who have been reprimanded or placed on probation during the preceding 12 months. These annual lists are available on the TSPC Web site. In addition, you may view the actual order imposing discipline. This information may be accessed under the directory entitled “General Info” on the home page, then “TSPC Discipline.” You may also access a “Master Discipline List” to view an alphabetized list of all educators sanctioned since 1997.

9.0 ADMINISTRATIVE RULE PROPOSALS, ADOPTIONS AND REPORTS

9.1 Licensure Rules to Hearing

AMEND:

584-042-0008 -- Five-Year Career and Technical Education Teaching License

584-042-0012 -- Career and Technical Education Teaching License Renewal

584-042-0021 -- Definitions

584-042-0031 -- Career and Technical Education I Teaching License

584-042-0036 -- Career and Technical Education II Teaching License

584-042-0044 -- Career and Technical Education Endorsements

584-042-0051 -- Career and Technical Education (CTE) Professional Development Plan

584-042-0081 -- Career and Technical Education Restricted Substitute Teaching License

Licensure Chair stated the CTE rules listed above are basic housekeeping issues.

Resolution adopted as written. Absent / Brown, Greene, Wood

9.2 Licensure Rules to Adopt from June & July 2011 Hearing

ADOPT:

584-060-0250 – License for Conditional Assignment (LCA)

584-080-0008 – Scope of Administrator Licenses

AMEND:

584-005-0005 -- Definitions

584-060-0062 – Adding Endorsements to Initial [I, Initial II] or Continuing Teaching Licenses

584-070-0411 – Initial School Social Worker License

584-070-0421 – Continuing School Social Worker License

584-080-0012 – Initial Administrator License (IAL)

Licensure Chair called for a vote on rules:

584-060-0062 - Adding Endorsements to Initial [I, Initial II] or Continuing Teaching Licenses

Moved by Madathil / Second by Watt / Carried, Absent / Brown, Wood

584-070-0411 – Initial School Social Worker License

584-070-0421 – Continuing School Social Worker License

Moved by Watt / Second by Munck / Carried, Absent / Brown, Wood

Licensure Chair Sass summarized the subcommittee meeting discussion of the above rules. Rule 584-060--0250, LCA, was tabled until the November meeting.

9.3 Professional Practice Rules to Adopt from July 2011 Hearing

RESOLVED, that the amendments proposed to OAR 584-020-0040 are adopted to be filed immediately as a permanent rule.

584-050-0015 – Reinstatement of Suspended, Revoked, or Surrendered License or Registration Generally

584-050-0016 – Reinstatement of Suspended License, Registration, or Right to Apply for a License or Registration

584-050-0018 – Reinstatement of Revoked License, Registration, or Right to Apply for a License, Certificate or Registration

Resolution adopted as written. Absent / Brown, Wood

9.4 Program Approval Rules to Hearing

ADOPT:

OAR 584-017-1005 through 584-017-1055 (Agenda Item 9.4a)

OAR 584-018-0100 through 584-018-0515 (Agenda Item 9.4b)

OAR 584-010-0001 through 584-010-0100 (Agenda Item 9.4c)

REPEAL:

OAR 584-010-0140 Three Year and Six Year Reports:

OAR 584-017-0005 through 584-017-0580 entire current Program Approval Division.

Resolution adopted as written. Absent / Brown, Wood

10.0 CONSENT AGENDA

The policy procedures for the Consent Agenda are established by Policy 3522. The Executive Director recommends adoption by single consent motion the following listed items which are identified on the agenda by a double asterisk: 1.7, 3.11, 3.12, 6.4, 6.6, 6.13, 6.14, and 6.15. Any of these items may be removed from the Consent Agenda upon the request of any Commissioner. Items removed from the Consent Agenda will be considered in the order they are listed on the agenda.

MOTION, to adopt the Consent Agenda with the addition of agenda item 3.12.

Moved by Beck / Second by Watt / Carried

Absent / Brown, Greene, Wood

FRIDAY, July 22, 2011

11.0 PROFESSIONAL PRACTICE HEARINGS AND INVESTIGATION REPORTS

(EXECUTIVE SESSION) Bill Beck, Professional Practices Chair

The Commission held an executive (non-public) session per ORS 192.660(2)(h) and (f) on the following matters: 1) receiving and discussing preliminary investigation reports on complaints and charges against licensed educators; 2) taking action to dismiss the complaint or to charge the educator; 3) deliberating the hearing record in disciplinary proceedings; 4) consulting with counsel regarding litigation likely to be filed under ORS 192.660(2)(h) and regarding privileged consultation regarding other legal matters under ORS 192.660(2)(f); and 5) 60-day resignation notice hearing pursuant to ORS 342.553. Adoption of an order resulting from a hearing must be done in public session. See ORS 192.660(2)(b) and ORS 342.175 to 342.190.

11.1 Proposed Orders/Actions

Twelve stipulated orders and one final order were considered in non-public session and referred to public session for adoption.

11.2 Letters of Informal Reproval

The 2009 legislative session passed SB 119 that authorized TSPC to issue a letter of informal reproval under certain circumstances. The Commission considered and adopted two letters of reproval in non-public session.

11.3 Preliminary Investigation Reports Recommending Action to Dismiss

Following discussion and deliberation on 13 preliminary investigation reports in non-public session, the Commission directed the Executive Director to dismiss all of these complaints received from patrons or internal referrals.

11.4 Reports Requiring No Further Action Under OAR 584-020-0041(2)

Following discussion and deliberation on 11 preliminary investigation reports in non-public session, the Commission directed the Executive Director to take no further action on nine of these reports received from school districts and to charge two educators with misconduct.

11.5 Preliminary Investigation Reports and Action to Charge

The Commission considered 21 preliminary investigation reports in non-public session and directed the Executive Director to charge all with violation of the Standards for Competent and Ethical Performance of Educators.

11.6 Consideration of Amended Notices to Charge

No amended notices were considered.

11.7 Applications for Reinstatement (OAR 584-050-0018)

Two applications for reinstatement of a revoked licensure were considered. The Commission approved the reinstatement of licensure for one educator and denied the other.

11.8 Consideration of Other Discipline Issues

The Commission considered five discipline cases in non-public session and advised the Executive Director on how to proceed in these matters.

11.9 Report of Cases Pending an Investigation Before the Commission

The Professional Practices Chair reported in non-public session that there are 164 cases pending an investigation. Of those, three are pending disposition in another venue.

11.10 Report of Cases Charged or Pending a Hearing

The Professional Practices Chair reported in non-public session that there are 98 cases pending the hearing process. Of those, 26 are either awaiting a response from the educator in which to request a hearing or the notice of opportunity for hearing is being drafted.

11.11 New Cases Received Since Last Meeting

The Professional Practices Chair reported in non-public session that the Commission received new complaints or internal referrals on 27 educators. District Superintendents, under OAR 584-020-0041, submitted 35 reports of alleged misconduct by educators.

12.0 FULL COMMISSION CONSIDERATION OF PROFESSIONAL PRACTICES ISSUES

(PUBLIC SESSION) Bill Beck, Professional Practices Chair

The Following Orders were Adopted by the Commission

To view the orders go to

^ 12.1 Stipulated Order—Forster, Gustave Adolph (Willamina SD)

Case #2009-06-0037

Sanction-Public Reprimand

^ 12.2 Stipulated Order—Manning, Robin Ann (Rainier SD)

Case #2009-05-0035

Sanction-Public Reprimand

^ 12.3 Stipulated Order—McAllister, Stacy Dawn (Scio SD)

Case #2010-08-0007

Sanction-Public Reprimand

^ 12.4 Stipulated Order—Cantwell, Angela Regina (Clackamas ESD)

Case #2010-09-0008

Sanction- Suspension of Licensure for One Year and Four Years Probation

^ 12.5 Stipulated Order—Church, Pamela A. (Nyssa SD)

Case #2010-02-0009

Sanction- Suspension of Licensure for 30 Days

^ 12.6 Stipulated Order—Green, Valorie Gaye (Portland Public SD)

Case #2009-06-0031

Sanction-Public Reprimand

^ 12.7 Stipulated Order—Hayes, Mary Hansell (Canby SD)

Case #2009-05-0033

Sanction-Public Reprimand

^ 12.8 Stipulated Order—Lanni, Anthony P. (North Central ESD)

Case #2006-10-0007

Sanction- Suspension of Licensure for 60 Days

^ 12.9 Stipulated Order—Magera, Stefany Ann (LaGrande SD)

Case #2010-03-0014

Sanction-Public Reprimand

^ 12.10 Stipulated Order—Rotting, Marjan Antoinette (Ace Academy)

Case #2009-12-0017

Sanction- Suspension of Licensure for 30 Days

^ 12.11 Stipulated Order—St. Clair, Janette Kim (Philomath SD)

Case #2010-07-0023

Sanction- Suspension of Licensure for 30 Days and Suspension of Right to Apply

^ 12.12 Stipulated Order—Williams, Michael (North Wasco Co SD)

Case # 2009-10-0010

Sanction- Suspension of Licensure for 30 Days

11.8 Final Order—Case #2009-04-0008 (Jefferson Co SD)

No further action

13.0 Professional Practices Consent Agenda

The Executive Director recommends adoption by single consent motion the following listed items which are identified on the agenda by a tilde “^”: 12.1, 12.2, 12.3, 12.5 and 12.11. Any of these items may be removed from the Consent Agenda upon the request of any Commissioner. Items removed from the Consent Agenda will be considered in the order they are listed on the agenda.

MOTION, to move 12.4, 12.6 to 12.10 and 12.12 to the Discipline Consent Agenda.

Moved by Sconce / Second by Sundell / Carried

Absent / Alba, Brown, Wood

MOTION, to adopt the amended Discipline Consent Agenda

Moved by Munck / Second / Sass

Absent / Alba, Brown, Wood

12. ANNOUNCEMENTS

The November meeting will be held at Delphian School in Sheridan

13.0 adjournment

The meeting adjourned at 3:00 p.m.

Respectfully submitted,

_____________________________________

Kathleen Rogers, Administrative Assistant

Accepted,

______________________________________

Robert Sconce, Chair

Future Meetings:

1) November 3-4, 2011– Delphinium School, Sheridan

2) February 11-12, 2012 –Keizer Renaissance Inn, Keizer

3) April 26-27, 2012 – Red Lion Motel, Salem

*In action items, names are recorded for those Commissioners voting against the motion and for those absent or abstaining from voting. Those members not recorded as absent, opposed, or abstaining voted in favor of the respective motion.

**These minutes may not follow the actual time sequence in order of business, but follow the numerical order of the agenda for easy reference.[pic][pic]

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