Teacher Standards and Practices Commission

Teacher Standards & Practices Commission 250 Division Street NE Salem, OR 97301

MINUTES – APRIL 26-27, 2012 COMMISSION MEETING Red Lion Hotel – Mountain Rooms 3301 Market Street NE Salem, OR 97301

Wednesday, April 25, 2012 On Wednesday, April 25, 2012, the newly appointed commissioners met for orientation from 1p.m. to 5 p.m. in the TSPC conference room at 250 Division Street in Salem. The Executive Committee convened from 6:00 to 8:00 p.m.in the TSPC conference room at 250 Division St in Salem.

Thursday, April 26, 2012 Call to Order On Thursday, April 26, the commission convened in Public Session at 8:00 a.m. at the Red Lion Hotel, 3301 Market Street NE, Salem, OR to consider Preliminary Business, Committee Assignments and Expectations, Commission Business, and Program Approval issues. Following lunch, the commission continued with Program Approval, Licensure Issues, Professional Practices and Administrative Rule Proposals, Adoptions and reports. On Friday, April 27, the commission convened from 8:00 a.m. to 1:45 p.m. in Executive Session to consider Professional Practice Hearings, and Investigation Reports. At 1:45 p.m. the commission reconvened in Public Session to vote on Professional Practices cases. The meeting adjourned at 2:00 p.m.

Commissioners present: Shirley Blanchard, Lea Bates, Anne Erwin, Olga Cobb, Shirley Madathil, Jeff Matsumoto, Gary Humphries, Linda Brown, Heidi Snipe, Kathleen Sundell, Milt Dennison, Robert Sconce, Mark Girod, Bill Beck, Judith Brizendine, Nancy Watt, and Mark Ankeny Staff present: Victoria Chamberlain, Keith Menk, Lynn Beaton, Melody Hanson, Raul Ramirez, Judith Anderson, Matt Garrett, Joanne Kandle, Jeff Van Lannen, Tanya Figgat, and Christina Edgar. Guests present: Robert Hamm, Deborah M. Allen, Margaret Mahoney, John Watzke, Joe Mannion, Jim Howard, Andy Duncan, Juanita Sinclair, Hilda Roselli, Sue Thompson, Elizabeth Snyder, Sharon Chin, Scott Fletcher, Nell O’Malley, Linda Samek, Teresa Ferrer, Phyllis Kirkwood, Shelly Smolnisky, Shelia Joshi, Holly Lekas, Pam LaFreniere, Craig Hawkins, Tom Heiser, Jessie Payne, Bruce Weitzel, Lora Nordquist, Nicole Rigelman, Cheryl Beaver, Kathy Cheval, Rebecca Schulte, Bonnie Menhena, Damien Sempkviro, Colin Cameron, Cheryl K Brown, Jennell Ives, Margie Abbott, Janine Allen, Debi Miller, Margaret Tiylns, Heather Mauze, Julie Gess-Newsome, Chelsea Kuepper, Aaron Imig, Stacey Lee, Amy Beaderstadt, Melissa Sass, Morgan Allen, Monte Alderson, Shirley Olson, Karen Gomez, Christee Wise, Chuck White, Jean Rystram, Chris McFarlane, Robert White, Mark Freed and others. April 2012 Commission Actions

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 Acceptance of the Agenda MOTION to add Pacific University’s Chinese Program to agenda item 4.11 by Humphries / Second by Brown / Carried / Absent / Erwin TSPC MINUTES April 26-27, 2012 Page 2 Resolution adopted as amended. Carried / Absent / Erwin Agenda Item 4.11 remained on the Consent Agenda.

Amended resolution: RESOLVED that, the Commission approve University of Oregon’s Teach Program and Department of Online and Global Education World Language and Pacific University’s World Language: Chinese Endorsement Program based upon favorable review by the Commission;

RESOLVED FURTHER that, University of Oregon’s College of Education and Pacific University’s College of Education are authorized to recommend candidates for World Language: Chinese after April 27, 2012.

1.3 Chair Sconce’s Report Keith Menk, Vickie Chamberlain and Bob Sconce have attended several education meetings with ODE and other agencies. Sconce stated beginning in school year 2013-2014 all districts will have teacher and principal evaluations in place. Central office administration evaluations are being developed.

1.4 Executive Director Chamberlain’s Report Chamberlain reported she had attended the ETS (Educational Testing Service) Ethics Conference. The conference considered developing a national ethics test which they determined might be too difficult. They discussed and considered developing a model ethics code for states to adopt in order to develop some similarity in professional practices.

1.5 Reports from Liaison Appointees: State Board / Joint Boards of Education:...... Gary Humphries, VickieChamberlain Sconce attended the May 2012 State Board meeting. The Board voted on May 17th to adopt a rule prohibiting Oregon public schools from using Native American names, symbols, or images as school mascots. Schools have until July 1, 2017 to comply.

Educator Effectiveness Workgroup: ...... Robert Scone, Vickie Chamberlain, KeithMenk No Report.

** 1.6 Information of Interest to Commissioners Four items of interest were submitted for the commission’s review. Adopted a part of the Consent Agenda /Carried / Absent / Matsumoto

COMMITTEE ASSIGNMENTS / EXPECTATIONS 2.1 Commissioner Committee Assignments / Expectations ...... Robert Sconce, Jr. Chair At the February 2012 Executive Committee meeting a redesign of the commission committees was discussed since eight of the current commissioners are new. For the past several years, the full commission has acted as the “Professional Practices Committee” therefore creating more thoughtful perspectives being applied to the suggested sanctions for misconduct; more cases were dismissed; and more cases can be handled at any single commission meeting.

The Executive Committee believes that licensure and program approval committees should be split evenly between the full commission creating the new committee assignments below.

2012 Executive Committee Chair - Bob Sconce (Teacher) Vice Chair - Milt Dennison (Administrator) Member - Shirley Madathil (Teacher) Member - Kathleen Sundell (Teacher) TSPC MINUTES April 26-27, 2012 Page 3

Member and Professional Practices Committee Chair- Bill Beck (Public) Licensure Committee Chair - Gary Humphries (Teacher) Program Approval Committee Chair - Nancy Watt (Public)

2012 Program Approval Chair - Nancy Watt (Public) Vice-Chair - Milt Dennison (Administrator) Member – Shirley Blanchard (Teacher) Member – Judith Brizendine (Teacher) Member – Linda Brown (School Board Member) Member –Mark Girod (Higher Education) Member – Jeff Matsumoto (Teacher) Member – Heidi Sipe (Administrator)

2012 Licensure Chair - Gary Humphries (Teacher) Vice-Chair - Shirley Madathil (Teacher) Member – Mark Ankeny (Higher Education) Member – Lea Bates (Teacher) Member - Bill Beck (Public) Member – Olga Cobb (Administrator) Member – Anne Erwin (Administrator) Member - Kathleen Sundell (Teacher)

2012 Professional Practices Chair - Bill Beck (Public) Vice-Chair - Bob Sconce (Teacher) Member - Anne Erwin (Administrator) Member – Gary Humphries (Teacher) Member - Linda Brown (School Board Member)

COMMISSION BUSINESS 3.1 Report on Agency Revenue Projections and Budget Issues Just prior to submitting the agency’s budget request to the Governor, we project the revenues we expect to take in the upcoming biennium, 2013-2015, and also determine where we are regarding our previous revenue projections for the current biennium, 2011-2013. Based on projections, the agency is on track to receive nearly 14% less revenue than projected. This means that the agency does not have the revenue to sustain the approved budget expenditures.

Additional details can be found online in agenda item 3.1 in the April 2012 agenda.

3.2 Approve Agency Request Budget The Agency Request Budget (ARB) is the first phase of the budget development process and is due from the agency to the Governor’s office by August 1, 2012. The Governor’s Recommended Budget (GRB) is the second phase of the budget process which requires the agency to amend their proposed budget if the Governor does not approve all of the agency’s initial requests. The Legislatively Approved Budget (LAB) is the third phase of the budget process and is the budget that is adopted after the Legislative Ways and Means Committee approves a budget for the agency. Resolution adopted as written / Carried / Absent / Erwin

3.3 2013 Possible Legislative Concepts TSPC MINUTES April 26-27, 2012 Page 4 The following concepts must first be approved by the Governor’s office prior to submission to Legislative Counsel for drafting into a bill.

 Amend language in 2011’s SB 250 (ESD Superintendent Certification) to extend the timeline to certify superintendents one year.  Possibly raise licensure fees.  Propose new fee for Higher Education Accreditation.  Amend language or add new language to support keeping “specialization” optional.  Placeholder for other legislation that becomes apparent after developing the next biennial budget subject to Executive Committee approval.

Until further development, some of these items may need to be placeholders in the event legislative concepts are needed.

Resolution adopted as written / Carried / Absent / Erwin

3.4 Web Update In the past few months, TSPC has been working with DAS to move our web site to a new state vendor, NIC Inc. New features of the state’s web software (SharePoint) make conducting e- government applications and fees online much easier to develop and update than previous web environments. Matt Garrett and Lynn Beaton gave a brief summary of the updates to the new TSPC web site. Online payment development is currently in progress with NIC Inc.

3.5 Autism Competencies / Specializations At the request of the Oregon Autism Commission, staff proposed rules for the competencies required for an Autism specialization for future adoption by the Commission.

After a lengthy discussion regarding whether the ASD specialization should be limited to SPED educators or opened to School Psychologists and Speech and Language Pathologists, by a show of hands, commissioners approved the amended language stated below on rule 584-006-0010. This action limits the ASD specialization to Special Education license holders and removes school psychologist, general education license, and speech language pathologist licenses.

Chamberlain clarified: currently Speech Pathology is a Special Education License. If active Speech Pathology license holders apply for this specialization under this rule, it will be added to their license.

To hear details of the conversation go to the April meeting agenda and click on agenda item 3.5. The rules listed in agenda item 3.5a were considered for adoption in agenda item 7.4

The rule changes the commission agreed to are as follows:

584-066-0010 (Adopt) Autism Spectrum Disorder (ASD) Licensed Specialist Standards and Competencies

(1)(a) An Autism Spectrum Disorder Specialization may be indicated on any TSPC Basic, Standard, Initial or Continuing Teaching license with a Special Education endorsement so long as the educator qualifies for the specialization by demonstrated completion of the a commission approved program for Autism Spectrum Disorder Specialization. specialist standards and competencies. TSPC MINUTES April 26-27, 2012 Page 5

(3) To be eligible to add an Autism Spectrum Disorder Specialization on a TSPC license, the application must: (a) Hold a Basic, Standard, Initial or Continuing Teaching [Teaching] License consistent with subsection (1) above; [with any special education endorsement;] (b) Provide evidence of three years experience working with a range of ASD learners; (c) Complete a commission approved program for Autism Spectrum Disorder Specialization.

3.6 Waiver of Basic Skills Test and Test Mixing / Matching Oregon Administrative Rule 584-036-0082 Courses in Lieu of or in Preparation for Basic Skills Tests states that if an applicant has failed any section of the basic skills tests in reading, writing or mathematics at least once, the licensure test may be waived by completion of a sequence of courses, that are transfer level, taken after failing the test and completed for credit with a grade of “B” or better to qualify for the waiver.

After an extensive conversation, staff asked the commission to consider eliminating the current policy of accepting various subtests in order to meet the Basic Skills requirement as well as elimination of the waiver process for educators who fail the Basic Skills test (course sequence). OAR 584-036-0082 Courses in Lieu of or in Preparation for Basic Skills Examinations will be brought back to the July 2012 meeting to reflect the comments from commissioners during this discussion.

3.7 Licensure Redesign Issues and Process The work of redesigning licensure will be a monumental task requiring significant review of what is best for the state in light of changing conditions and outcomes in education. Oregon’s current licensure model may be a basis for the proposed future licensure structure or may be a combination of the old, the current and new features.

The commission engaged in a discussion regarding some issues of licensure redesign. The resolution states the Commission Chair will appoint a work group comprised of commissioners and stakeholders to convene meetings over the course of the next year to make recommendations regarding licensure redesign.

Resolution adopted as written / Carried / Absent / Erwin

** 3.8 TSPC Data Reports Adopted as part of the Consent Agenda. Absent / Erwin

** 3.9 Expenditure Report for the Month of March 2012 Adopted as part of the Consent Agenda. Absent / Erwin

** 3.10 2012 TSPC Work Plan Adopted as part of the Consent Agenda. Absent / Erwin

CONSIDERATION OF PROGRAM APPROVAL ISSUES 4.1 Concordia University Master in Education Leadership Licensure Programs The primary goal of the CU\COSA Educational Leadership Licensure Program is to develop the knowledge, skills, and dispositions of an aspiring administrator to lead 21st century schools. Details regarding the program’s proposals were placed on the Commission’s secure web-site for review.

The amended resolution: RESOLVED, that the Commission approve the Concordia University’s (Illinois) Initial TSPC MINUTES April 26-27, 2012 Page 6 Administrator and Continuing Administrator Licensure programs based upon favorable review of the Commission and contingent upon evidence that Concordia University Chicago has been approved to offer programs in the state of Oregon by the Oregon Office of Degree Authorization;

RESOLVED FURTHER that, upon evidence that the Office of Degree Authorization has issued approval to offer programs within the state of Oregon, the Director of Program Approval will issue a letter on the Commission’s behalf authorizing the start date of the Concordia University Chicago’s ability to offer Initial and Continuing Administrator Licensure programs. Confirmation of this start date will be sent to the Commission;

RESOLVED FURTHER that, the Concordia University Chicago will be authorized to recommend candidates for the Concordia University Chicago’s Initial Administrator and Continuing Administrator License programs after the authorized start date, and through August 30, 2014;

RESOLVED FURTHER that, the Concordia University Chicago may not offer any administrator licensure coursework or program requirements prior to full authorization by the Commission pursuant to these resolutions;

RESOLVED FURTHER that, Concordia University’s Chicago’s Initial Administrator and Continuing Administrator Licensure programs will be reviewed pursuant to OAR 584-010-0055 and recommendation for further approval based on that review will be presented to the Commission prior to November 2014.

Following a presentation by the COSA and Concordia representatives, the commission adopted the amended resolution / Carried.

4.2 Proposed OAR 584-017-1028 Selection, Recruitment, Admission and Retention of Candidates Since the 1990’s, the Commission has had test requirements for applicants for initial and advanced licenses in administrative rule. The tests include Basic Skills exam, Protecting Student and Civil Rights in the Educational Environment exam, and specific content tests for teachers. Since 2000, the Commission has required the exams for program completion and licensure.

Licensure tests for the most part have been exclusive of pedagogy for two reasons: First, many higher education programs argued that they did use the content tests as admission requirements, and if pedagogy was included, they would not be able to use the test for admission.

The second reason was the teaching work sample has been Oregon’s premier performance assessment, measuring the depth and quality of candidates’ pedagogical skills, eliminating the need for pedagogy test.

The commission and audience engaged in a detailed conversation regarding rule 584-017-0128, Selection, Recruitment, Admission and Retention of Candidates which was included in the March 2012 Rule Hearing.

A summary of the hearing testimony is included in agenda item 4.2b. This rule was considered for adoption in agenda item 7.4.

4.3 Warner Pacific College Site Visit Update Warner Pacific College agreed to provide the Commission with on-going updates as part of the follow-up to the site visit. The reporting requirements and dates were specified in the agreement. Warner Pacific has submitted all the documents as required pursuant to the agreement to date. TSPC MINUTES April 26-27, 2012 Page 7

Keith Menk stated the next scheduled Warner Pacific update will be at the July 2012 meeting.

4.4 READ Oregon Program Review In spring 2003, the Commission approved the Collaborative Reading Education and Distance Education (CREADE) program. The grant from Fund for the Improvement of Postsecondary Education (FIPSE) which initially funded the program ended in the summer of 2005. The literacy program established by five universities continued as Read Oregon.

In November 2011 the commission adopted new rules for program review as well as new rules and standards for programs and units to report on the competency of candidates. Is Read Oregon subject to the new rules or is this an articulation agreement between universities therefore it does not meet the definition of “program” and should not be subjected to program review.

Hilda Roselli, Western Oregon University, suggested TSPC staff convene stakeholders who are involved in the Read Oregon program to discuss how the universities can collect the required data within their institutional reviews. A written report with the results will be brought back to the commission.

The commission agreed to Roselli’s suggestion and did not vote on the proposed resolution.

4.5 School Counselor Standards The revision of the standards for School Initial Counseling and Continuing School Counselor has been on-going since prior to July 2011. Revision of TSPC standards for School Counseling was initiated because of the revision of national standards.

New standards were proposed by the Oregon professional school counselor community in late 2010. The standards were placed in rule form and referred to the Commission at the July 2011 meeting. The school counselor professional community objected to the rule form of the standards. At that time and only until recently, TSPC staff had not consulted the national standards for school counseling and accepted the community’s assurances that they aligned with national standards.

Because the proposed standards did not align closely with the national Specialty Professional Association’s standards for school counselors, the rules had to be re-written. Recently, staff found and reviewed the 2009 Counsel for Accreditation of Counseling and Related Educational Programs (CACREP) standards. While there are some similarities to these standards in the rules proposed and supported by the school counselor community, they are not closely aligned. CACREP standards are the NCATE nationally-recognized school counselor program standards.

The proposed Division 18 rules are available in agenda item 4.5a and were considered for adoption in agenda item 7.4. 4.6 Report on TSPC Assessment Workshop As a result of the Commission’s adoption of new program review and unit accreditation standards, Commission staff has worked with the Deans and Directors of Schools and Colleges of Education to develop a variety of assessment workshops aimed at improving the information preparation programs related to their candidates’ and their programs’ performances.

On January 13, 2012, TSPC and OACTE co-sponsored a conference on assessment and the teacher work samples. Speakers discussed the new data requirements for accreditation and the new program review process.

The afternoon portion of the conference focused specifically on the teacher work sample. TSPC MINUTES April 26-27, 2012 Page 8 Speakers reflected on the use of the work sample in Oregon and the possible development of a statewide teacher work sample assessment with common rubrics and scoring guides.

The next steps involve the Commission designating a steering committee to guide the public policy discussion and a survey to gather data on the current use of the work sample by Oregon approved programs.

On April 18, 2012, the TSPC sponsored a conference on electronic exhibit rooms for program review and unit site visit accreditation visits. Eastern Oregon University (EOU) and the University of Portland (UP) shared their approach to creating electronic exhibit rooms for accreditation purposes with participants and answered questions about the development and maintenance of electronic records.

4.7 Candidate and Employer Survey Review A workgroup comprised of representatives from the Commission and the Oregon Association of Colleges of Teacher Education (OACTE) started meeting on September 21, 2009, to begin discussions about a statewide survey of new teacher program completers and employers.

The work group successfully drafted two surveys: The Employer survey and the New Teacher survey. The Commission entered into an agreement with the Center for Assessment, Statistics and Evaluation (CASE), University of Oregon, to evaluate and validate the surveys. The initial pilot survey was administered in early January 2011 and was concluded on February 13, 2011.

On January 19, 2012, Deputy Director Keith Menk received recommendations from CASE. CASE informed the Commission that the response rate was too low to reach conclusions and offered recommendations for improvement that include significant additional staff time, scientific random sampling for future administrations; and the use of Survey Monkey or some other commercial tool rather than the TSPC staff-drafted survey instrument that was implemented.

4.8 ELL Workgroup Update TSPC, Oregon Department of Education, public and private higher education in partnership with some school district representatives are working to identify knowledge, skills and competencies general education educators need in order to meet the educational needs of all English Language Learners in the classrooms.

On June 1, 2011, a conference was held at the George Fox University, Tigard campus, of major stakeholders to begin a conversation to identify program and policy recommendations. Another conference is being planned for June 1, 2012, at the West Linn School District Office to consider the recommendations for the subcommittee and identify next steps in the collaboration.

Due to efforts on the ESEA (Elementary and Secondary Education Act) waiver, the establishment of the new Oregon Education Investment Board (OEIB), and the development of teacher principal evaluation tools, this work was temporarily sidelined throughout this academic year. TSPC MINUTES April 26-27, 2012 Page 9

4.9 Pacific University Undergraduates Special Education Program Proposal The proposed Special Education Undergraduate Program will build on the Education and Learning major, which is offered jointly by the College of Arts and Science and the College of Education (COE) at Pacific University.

Pacific’s Special Education proposed undergraduate program will result in a Bachelor of Arts degree and will prepare candidates for the TSPC Initial I Teaching License with a Special Education endorsement at the early childhood and elementary levels (ECE/ELE).

Following a presentation of Pacific University’s Undergraduate Special Education Program proposal, the commission adopted the resolution.

Resolution adopted as written / Carried

** 4.10 NCATE Blue Ribbon Panel Alliance Adopted as part of the Consent Agenda. Carried / Absent / Matsumoto

** 4.11 University of Oregon World Language in Chinese Program Approval Consent Agenda amended to add Pacific University’s Chinese Program to 4.11. Adopted as part of the Consent Agenda. Carried / Absent / Matsumoto

** 4.12 Site Visit Schedule Update Adopted as part of the Consent Agenda. Carried / Absent / Matsumoto

** 4.13 Review of Program Approval Rules to Adopt from March 2012 Hearing Adopted as part of the Consent Agenda. Carried / Absent / Matsumoto

CONSIDERATION OF LICENSURE ISSUES 5.1 Candidates Reviewed for Alternative Assessment The Commission allows alternative assessment of teacher and teacher candidates in lieu of subject matter tests. The Licensure staff completes alternative evaluation summaries of the candidates and submits the evaluations to the commission for ratification.

Licensure Chair Humphries stated there is documentation for the eight (8) candidates for Alternative Assessment due to the removal of candidate #417. #417 was removed from consideration because they do not hold a regular teaching license

Section B: Staff recommendations in response to concerns about Alternative Assessment raised at previous Commission meetings, was carried over to another meeting.

Resolution adopted as amended / Carried

The amended resolution states:

RESOLVED, that the Commission accept the alternative assessment of competence as determined by the Commission licensure staff and waives the requested tests for the (nine 9) eight (8) respective candidates presented at this meeting. TSPC MINUTES April 26-27, 2012 Page 10

5.2 Math Endorsement for Early Childhood and Elementary Teachers The Oregon Mathematics Specialist Task Force believes that the state must develop a corps of well qualified teacher leaders in mathematics if Oregon’s students are to meet the high expectations of the Common Core State Standards. These specialist teachers would have expertise that includes a deep and practical knowledge of the content and pedagogy of mathematics and the ability to develop the mathematical knowledge for teaching in other professionals.

A Mathematics Specialist may teach mathematics to all the students in one or more grade levels or work with a particular group of students to provide remedial or enrichment support services. At the school or district level, a Mathematics Specialist may work primarily with teachers or instructional coaches, as a mentor or in some other professional development capacity, or in targeted school-wide improvement in mathematics. In this role, the mathematics specialist focuses on strengthening other teachers’ understanding of mathematics content and helping them develop more effective instruction and assessment strategies. At the state level, mathematics specialists may serve on committees to develop curriculum, assessments and/or policies concerned with mathematics education.

The commission, staff and guests engaged in a lengthy discussion regarding the development of a mathematics specialist designation for teachers currently holding any TSPC teaching license in grades pre K-12. This discussion will be continued at future meetings.

5.3 Continuing Professional Development Updated Rules / Implementation Plan Revised rules for Professional Development related to licensure were adopted at the February Commission meeting following a rulemaking hearing on January 23, 2012. However, the rules have not yet been filed with the Secretary of State.

Three concepts covered in this agenda item are: What are acceptable PDUs, what is the timeline, and the appeals process.

Suggestions / questions from the audience: 1) Create a standard CPD reporting form. 2) How can you determine what professional development is germane to an educator’s license? a. Educators could be seeking a new endorsement or license. b. An educator’s professional development may be helping them in their current position or helping the district with their goals.

Associated rules in 5.3a referred to hearing. Resolution adopted as written / Carried / Absent / Matsumoto

5.4 SB 250 ESD Superintendent Certification Work Group Update Senate Bill 250, enacted by the 2011 Legislature, requires the Commission create a certificate of “higher competency” for Education Service District (ESD) superintendents. The certification is required of all nineteen Oregon ESD superintendents no later than July 1, 2013.

This agenda item was discussed in agenda item 3.3: Chamberlain discussed the need to amend the language to change the timeline to get the certification fully implemented. TSPC needs to adopt the standards, establish how it looks and approve programs as well as get every superintendent through it in fourteen months. Chamberlain believes the Legislature will agree to extend the timeline.

Taken from agenda item 3.3: TSPC MINUTES April 26-27, 2012 Page 11

Amend language in 2011’s SB 250 (ESD Superintendent Certification) to extend the timeline to certify superintendents one year.

Explanation: The details necessary to determine the most appropriate and cost-effective way to accomplish this have taken longer to work through than the legislation allowed. A one year delay would help tremendously.

This agenda item was moved to and adopted as part of the Consent Agenda.

5.5 Review of New Highly Qualified Letters Educators frequently request that TSPC staff evaluate whether or not the educator meets the definition of “Highly Qualified (HQ) Teacher” under the federal No Child Left Behind (NCLB) Act.

TSPC is continuing to work with ODE to ensure consistency and “speak with one voice” at the state level concerning what it means to meet the federal definition of “Highly Qualified Teacher.”

Two HQ letters were developed for evaluators to use as templates when evaluating whether an educator meets the federal definition of a highly qualified teacher. Based on whether the educator teaches at the elementary, middle, or high school levels, one of the following two letters will be selected and filled out:

TSPC Highly Qualified Letter for Elementary Level Teacher. TSPC Highly Qualified Letter for Middle Level or Secondary Level Teacher.

5.6 Professional Educational Experience Report (PEER) Form The PEER form is submitted by school districts to verify work experience completed by an educator during the life of a specific license. In addition, school districts use the form to verify that educators have completed required professional development units (PDUs). TSPC tracks assignment information in accordance with ORS 342.173.

Several school districts have requested that TSPC develop a mechanism for accepting this data electronically, rather than requiring districts to submit a paper form for each individual educator. At this time, the agency is still not able to accept a “data dump” of aggregated PEER form information from districts.

Licensure Director, Lynn Beaton, described how districts can now submit the PEER form electronically, through the use of a “fillable” PEER form created in Adobe Reader. Beaton stated the agency will email districts the list of their educators who are up for license renewal with the educator name, account number and possibly the type of license they hold.

5.7 Review of Licensure rules to Adopt from March 2012 Hearing AMEND 584-023-0005 – Registry of Charter School Teachers and Administrators 584-023-0015 – Standards of [Competence] Professional Practices and Ethics for Charter School Registrants 584-060-0062 – Adding Endorsements to Initial or Continuing Teaching Licenses 584-080-0161 – Exceptional Administrator License

Chamberlain described the proposed rule language changes. These rules were considered for adoption in agenda item 7.2a. Chair Sconce amended the language of rule 584-080-0161 Exceptional Administrator License:

TSPC MINUTES April 26-27, 2012 Page 12 (4) The Exceptional Administrator License is valid for the position for which the district requested licensure so long as the position does not require [Experience that included supervising teachers or working directly with students in some educational setting shall be required as a qualification for any Exceptional Administrator License to be used for] supervising or evaluating classroom teachers or working directly with students in Oregon public schools. (c) Attests that the administrator will not be supervising or evaluating classroom teachers or working directly with children.

Adopted in agenda item 7.2

Resolution adopted with the amended language stated above / Carried

5.8 Review of OAR 584-052-0027 – Executive Director Waivers 1. December 7, 2011 – TG Held: Transitional School Counselor License Granted: Initial I School Counselor License Accepted teaching experience to meet teaching practicum requirements for the license 2. January 26, 2012 – EP Held: Transitional School Counselor License Granted: Initial I School Counselor License Accepted employment experience to meet teaching practicum requirements for the license 3. January 27, 2012 – RP Held: Initial Administrator License Granted: Continuing Administrator License Accepted 21 years of out-of-state experience, coursework and professional development for Continuing Administrator License requirements 4. February 9, 2012 – NK Requested: Limited Teaching License in Fire Science (did not have AA degree) Granted: Limited Teaching License in Fire Science Eighty percent completed with AA at PCC; 14 years experience as a fire fighter.

PROFESSIONAL PRACTICES 6.1 Professional Practices Backlog Report Cases under consideration during this meeting: 93 Cases pending an investigation before the commission: 231 Cases pending hearing process: 71 6.2 Review of Professional Practices Guide for Commissioners Commissioners requested guidelines explaining the sanctions that may be imposed upon an educator who has violated the Standards for the Competent and Ethical Performance of Oregon Educators (OAR 584-020-0040).

The following is a short explanation from the Commission Handbook of the Professional Practices Committee’s duties and responsibilities.

8110 Professional Practices Committee Membership and Responsibilities 8111 The Chairperson may appoint an internal standing committee identified as the

Professional Practices Committee and consisting of not less than two teachers, one administrator, and one person representing the public. The Committee: 8112 Monitors all reports of alleged violations of licensure requirements, including reports and charges of gross neglect of duty or gross unfitness and reports to and recommends appropriate action to the full Commission. TSPC MINUTES April 26-27, 2012 Page 13

8113 Advises on investigative procedures and practices and makes recommendations to Executive Director and the Commission. 8114 Reviews administrative law judge reports and makes recommendations to the full Commission regarding proposed orders. 8115 Reviews investigation reports and recommendations of the Executive Director regarding charges against educators and makes recommendations for action to the full Commission. 8116 Reviews the findings of stipulated orders, hearings, default orders, and recommendations of the Executive Director and recommends action to the Commission on proposed orders either imposing disciplinary sanctions or dismissing charges. 8117 Reviews statutes, rules and administrative practices, relating to licensure sanctions and licensure applications and makes recommendations to full the Commission.

6.3 Report on Staff Positions Investigator 3 / Legal Liaison (formerly held by George Finch): Jeff VanLaanen has been filling this position through a job rotation since October 26, 2011. Investigator 2 (formerly filled by Jeff VanLaanen): Cristina Edgar has been filling the Investigator 2 position through a job rotation since December 1, 2011. Office Specialist 2 / Investigative Assistant (formerly filled by Cristina Edgar): Patty Liddell has been filling the Investigative Assistant position through a job rotation since December 5, 2011.

6.4 Professional Practices Rules to Adopt from March Hearing Proposed new rule OAR 584-050-0017 Reinstatement of Right to Apply for a License Following Revocation of a Provisional License would take care of an increasingly frequent situation for which the current rules do not accurately address.

The Commission’s rules for reinstatement of revoked licenses, registrations or certificates run into interpretation problems when the license that has been revoked was a provisional license (limited, restricted, etc.) and the educator applying for “reinstatement” is either not eligible for an existing TSPC license or the educator is applying for a “nonprovisional” license (Initial, Continuing, etc) following the Commission’s previous revocation action.

OAR 584-050-0017 was considered for adopted in agenda item 7.6.

ADMINTRATIVE RULE PROPOSALS, ADOPTIONS AND REPORTS 7.1 Licensure Rules to Hearing ADOPT 584-090-0115 – Professional Development Requirements 584-090-0120 – Verification of Continuing Professional Development AMEND 584-036-0055 – Fees 584-036-0062 – Criminal Records and Professional Conduct Background Check 584-036-0080 – Licensure Tests 584-060-0220 – International Visiting Teacher License TSPC MINUTES April 26-27, 2012 Page 14

REPEAL 584-036-0081 – Conditional Assignment Permits 584-036-0082 - Courses in Lieu of or in Preparation for Basic Skills Examinations

Chamberlain briefly described the proposed actions on the above rules. Due to discussions held while considering agenda item 3.6, rule 584-036-0082 was removed from consideration.

Resolution adopted with the removal of rule 584-036-0082 / Carried / Absent / Matsumoto

7.2 Licensure Rules to Adopt from March 2012 Hearing AMEND 584-023-0005 – Registry of Charter School Teachers and Administrators 584-023-0015 – Standards of [Competence] Professional Practices and Ethics for Charter School Registrants

584-060-0062 – Adding Endorsements to Initial or Continuing Teaching Licenses 584-080-0161 – Exceptional Administrator License

Refer to agenda item 5.7 for the rule discussion and adoption of the above rules. Rule 584-080-0161 – Exceptional Administrator License language was amended in agenda item 5.7.

Resolution adopted with the amended rule language / Carried / Absent / Matsumoto

7.3 Program Approval Rules to Hearing AMEND: 584-010-0001 Purpose of Program Approval 584-010-0005 Definitions (for Division 10) 584-065-0035 Knowledge, Skills and Abilities for Special Education Endorsement

Resolution adopted as written / Carried / Absent / Matsumoto

7.4 Program Approval Rules to Adopt from March 2012 Hearing ADOPT: 584-066-0001 – Purpose of Specialization on a License 584-066-0010 – Autism Spectrum Disorder (ASD) Licensed Specialist Standards and Competencies 584-017-1028 -- Selection, Recruitment, Admission and Retention of Candidates 584-018-0305 – Knowledge, Skills, Abilities, Cultural Competencies and Professional Dispositions for Initial School Counselor License 584-018-0310 – Knowledge, Skills, Abilities and Cultural Competencies and Professional Dispositions for Continuing School Counselor License

Chamberlain emailed an updated version of agenda item 7.4 to commissioners and guests prior to the discussion. TSPC will implement a reasonable transitional plan for candidates who will be affected by these changes.

The updated version changes to the above rules are as follows: 584-066-0001 – changes (2) Example: Specialization: Autism Spectrum Disorder 584-066-0010 - states the specialization is limited to special education licenses and clarifies candidates must complete a commission approved program. TSPC MINUTES April 26-27, 2012 Page 15

584-017-1028 – removes paragraph five, renumbers all paragraphs and removes the requirement for a content test before the field experience. 584-018-0305 & 584-018-0310 – adopts the new initial and continuing school counselor standards.

Resolution adopted with the amended rule language as stated by Chamberlain / Carried / Absent /Matsumoto

7.5 Professional Practices Rules to Hearing AMEND: 584-050-0012 - Criteria for Denial of Licensure Based on Conviction for Crimes Fingerprinting and Criminal Background Checks

Chamberlain explained the proposed amendments to OAR 584-050-0012 incorporate provisions of TSPC’s statutes that have not been appropriately defined by rule.

The audio discussion of the proposed rule change can be found online under the April 2012 meeting, agenda item 7.5.

7.6 Professional Practices Rules to Adopt from March 2012 Hearing ADOPT: 584-050-0017 - Reinstatement of Right to Apply for a License Following Revocation of a Provisional License

Chamberlain explained the agency does not have a rule to address when the license that has been revoked was a provisional license (limited, restricted, etc.). The current rule, 584-050-0018 Reinstatement of Revoked License, Registration, or Right to Apply for a License, Certificate or Registration does not accurately apply to these situations. 584-050-0017 was created to address this issue.

584-050-0017 was discussed and adopted in agenda item 6.4.

CONSENT AGENDA The Executive Director recommends adoption by single consent motion the following listed items which are identified on the agenda by a double asterisk: 1.6, 3.8, 3.9, 3.10, 4.12, 4.13, and 4.14 and 5.4.

MOTION, to adopt the amended Consent Agenda with the addition of agenda item 5.4 Carried /Absent / Matsumoto

PROFESSIONAL PRACTICE HEARINGS AND INVESTIGATION REPORTS 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. 9.1 Proposed Orders/Actions Eight stipulated orders were considered in non-public session and referred to public session for adoption. Adoption of one Order is contingent upon receiving a signed and dated Order from the TSPC MINUTES April 26-27, 2012 Page 16 educator.

9.2 Default Orders – Information only Six default orders were previously adopted and provided to the Commission as information.

9.3 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 thirteen letters of reproval in non-public session.

9.4 Preliminary Investigation Reports Recommending Action to Dismiss Following discussion and deliberation on 12 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

9.5 Reports Requiring No Further Action Under OAR 584-020-0041(2) Following discussion and deliberation on seventeen preliminary investigation reports in non- public session, the Commission directed the Executive Director to take no further action on sixteen of these reports received from school districts and to charge one educator with misconduct.

9.6 Preliminary Investigation Reports and Action to Charge The Commission considered 29 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.

9.7 Consideration of Amended Notices to Charge No amended notices of opportunity for hearing were considered.

9.8 Applications for Reinstatement (OAR 584-050-0018) No applications for reinstatement of a revoked license were considered.

9.9 Consideration of Other Discipline Issues The Commission considered eight discipline cases in non-public session and advised the Executive Director on how to proceed in these matters. Three cases were to consider Amended Proposed Orders, one to consider and adopt a Proposed Order issued by the Office of Administrative Hearings and four to review correspondence received from educators under investigation or to direct staff on how to proceed.

9.10 Report of Cases Pending an Investigation Before the Commission The Professional Practices Chair reported in non-public session that there are 131 cases pending an investigation. Of those, one is pending disposition in another venue.

9.11 Report of Cases Charged or Pending a Hearing The Professional Practices Chair reported in non-public session that there are 77 cases pending the hearing process. Of those, 16 are awaiting a response from the educator in which to request a hearing in response to their notice of opportunity for hearing.

9.12 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 46 educators. District Superintendents, under OAR 584-020- 0041, submitted 54 reports of alleged misconduct by educators. TSPC MINUTES April 26-27, 2012 Page 17

FULL COMMISSION CONSIDERATION OF PROFESSIONAL PRACTICES ISSUES The Following Orders were adopted by the Commission To view the orders go to http://www.tspc.state.or.us/GenInfo_Item.asp?id=4

^ 10.1 Stipulated Order—Russo, James Joseph (Salem-Keizer SD) Case #2004-12-0001 Sanction- Revocation of Right to Apply for Licensure

^ 10.2 Stipulated Order—Blanchard, Tammy Rae (Nyssa SD) Case #2011-09-0009 Sanction- Suspension of License for 60 Days and Four Years Probation

^ 10.3 Stipulated Order—Fix, Edward John (Hood River SD) Case # 2009-11-0009 Sanction- Revocation of Right to Apply for Licensure for One Year

^ 10.4 Stipulated Order—Decker, James Ashley (Salem-Keizer SD) Case #2010-03-0012 Sanction- Public Reprimand

^ 10.5 Stipulated Order—Luebke, Jonathan Robert (Arthur Academy) Case #2011-06-0005 Sanction- Public Reprimand

^ 10.6 Stipulated Order—Wenner, Lawrence R. (n/a) Case #2011-10-0004 Sanction- Four Years Probation

^ 10.7 Stipulated Order – Case #2009-04-0009 Contingent Upon Receiving Signed and Dated Order

^ 10.8 Stipulated Order—Travillion, Wayne C. (Reynolds SD) Case #2009-12-0006 Sanction- Suspension of License for Three Months

9.9a Final Order –Hagler, Joseph Dee (Phoenix-Talent SD) Case #2008-12-0012 Sanction- Suspension of License for Six Months

PROFESSIONAL PRACTICES CONSENT AGENDA Executive Director recommends adoption by single consent motion the following listed items which are identified on the agenda by a tilde “^”: 10.1 through 10.8 and 9.9g.

Discipline Consent Agenda adopted as amended. Carried / Absent /Matsumoto

ANNOUNCEMENTS No announcements.

ADJOURNMENT The meeting adjourned at 2:00 p.m.

Respectfully submitted, TSPC MINUTES April 26-27, 2012 Page 18

______Kathleen Rogers, Administrative Assistant

Accepted,

______Robert Sconce, Chairperson

Future Meetings: 1) July 18-20, 2012, Keizer Renaissance Inn 2) November 1-2, 2012 – Red Lion, Salem 3) Feb 7-8, 2013 TBD 4) April 25-26, 2013 TBD 5) July 24-26, 2013 TBD

*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.