Professional Standards Board

PROFESSIONAL STANDARDS BOARD

Meeting of Thursday, November 2, 2006

5:15 p.m.

Cabinet Room, Department of Education

(2nd Floor South Wing, Townsend Building)

MINUTES

Members Present: Ed Czerwinski, Mary Furbush, Karen Gordon, Richard Gregg

Barbara Grogg, Less Holden, Lori Hudson, Mary Mirabeau, Harold Roberts, Karen Schilling-Ross, Kathleen Thomas and Michael Thomas

Members Absent: Sandra Falatek, Carla Lawson, Gretchen Pikus and Carol Vukelich,

Others Present: Charlie Michels, Professional Standards Board Executive Director, Pearl Carrington, Professional Standards Board Secretary, Mary Cooke, Deputy Attorney General; Ann Case, State Board of Education and Emily Falcon, State Budget Office

I. Opening

A. Call to Order

Dr. Harold Roberts called the meeting to order at 5:15 p.m.

B. Approval of Agenda

A motion was made by Mr. Richard Gregg and seconded by Ms. Karen Gordon to amend the Agenda to move Discussion Item D, Middle Level Certifications and Praxis II to the beginning of the Discussion section and to add an Action Item, the Annual Delaware Teacher of the Year Award professional development stipend for approval. Motion carried unanimously.

C. Approval of Minutes of October 5, 2006

A motion was made by Mr. Les Holden and seconded by Ms. Barbara Grogg to approve the meeting minutes of October 5, 2006. Motion carried unanimously.

II. Public Comment

None.

III. DE Department of Education Report

None.

D. Executive Director’s Report

Mr. Charlie Michels reported the following:

· Mr. Michels is starting to look at the Professional Portfolio component that is listed on the Continuing License as one of the options. It is on the approved list of Continuing License options and there are currently no criteria for successful completion. Mr. Michels is looking at and trying to procure some resources for a goal-based, showcase-type document. Board members were asked for their input. Mr. Michels stated that if the portfolio option is on the Continuing License list as an option, the Professional Standards Board should pursue or drop it through an amendment in the regulation.

· Mr. Michels attended the State Teacher of the Year banquet along with Dr. Roberts and Mr. Holden who represented the Board in our presentation to the new DE TOY.

· Our December meeting will be an afternoon meeting. After lunch, Dr. Kevin Carson, Chief School Officer of Woodbridge, will be speaking to the group about Vision 2015.

Dr. Roberts thanked Mr. Holden for filling in for him for chairing the past two meetings and making the presentations at the DE Teacher of the Year Awards and Banquet.

E. Presentation

None.

VI. Discussion

A. Amend 1562 Standard Certificate Teacher Exceptional Children Special Education Secondary (For Discussion)

Mr. Michels indicated that he has not received any written comments for this regulation. He indicated that he thought he expected to hear from the Department of Education, but had not as of the meeting date. There was no further discussion form the Board.

B. Repeal 1561 Standard Certificate Teacher Exceptional Children Special Education Elementary (For Discussion)

Mr. Michels indicated that he has not received any written comments for this regulation. There was no further discussion form the Board.

C. Amend 371 Certification Teacher of the Hearing Impaired – (For Discussion)

Mr. Michels relayed some current information regarding this certification to the Board. Part of the discussion was related to a concern from the State Board of Education. Mr. Michels’ question was, ‘Do we leave it the way it is or make changes?’ If there are substantive changes, it would be necessary to re-publish the regulation. This would take approximately 30 days before the item can be processed. The new concern from respected educators in the field is that 3.1.6 would allow an individual with what they felt as a less than minimum entry-level education to be certified. The concern by the experts was that this path would not adequately prepare an educator to work with these special students. A concern from Board members was in relationship to the ability of school districts to hire educators for their special populations under a regulation that was perhaps prohibitively too restrictive or demanding of educational backgrounds. Board members asked Mr. Michels to request from the experts a list of titles or course topics that might be incorporated into 3.1.6 of the proposed regulation. After further discussion and a ‘straw' vote, the final determination was to leave the regulation as published and wait for potential written comments.

D. Middle Level Praxis II Scores

Mr. Michels picked up the discussion from last month’s meeting by indicating that there is a legislative mandate for the Professional Standards Board to work in collaboration with the Department of Education. Part of the Professional Standards Board’s responsibility is to look at items with an open mind and to facilitate the process. Ms. Mary Cooke said that it is arguable the Middle Level Praxis II test is not ‘available and applicable’ until the Professional Standards Board approves the scores.

Mr. Michels stated that the Middle Level Praxis II standard setting has been done with the leadership of Dr. Pat Bigelow from the Department. Part of Dr. Bigelow’s job is to move the Praxis II Tests forward and Mr. Michels stated that part of the Professional Standards Board’s responsibility is to at least make an effort to cooperate with the Department of Education. If it is a request from them, Mr. Michels felt the Board needs to look at it this test with an open mind and try to do what it can to make the process work.

Mr. Michels asked Ms. Cooke to give her legal opinion on the Middle Level Praxis II Scores. Mary Cooke stated that you can argue that it is not available or applicable until it has been approved. There are provisions in the code for the Department to bring a request forward to the Professional Standards Board. This is a request from the Department of Education for the Professional Standards Board to consider setting the Middle Level Praxis II scores. The Professional Standards Board will need to act on the request; how it acts is a policy decision.

Copies of the appropriate chart were distributed to the Board members.

Dr. Bigelow said that the Board needs to remember that the passing score is what should be expected of a novice educator just recently graduating from an institution of higher education, not of an experienced middle level teacher. Dr. Pat Bigelow stated that the process for setting the score is to look at the recommendations of the Delaware standard setting panel and then look at that relative to other data such as national and individual state data, how many test takers would meet a particular score above and below a specific score and the demographic breakdowns. All of these pieces would go into a decision as well as one other important point: what decision error do you most want to avoid, false positive or false negative? These ‘errors’ were explained to the Board, with the consequences of both detailed.

A discussion ensued about how to set the scores, implications for districts and their ability to find and hire middle level educators, the connections between scores and the actual ability of test graduates and the Highly Qualified Teacher implications.

It was decided to place the Delaware Middle Level Praxis II score on next month’s agenda as an Action Item.

E. “Official Investigation” issues with certification applicants

This item stems from a concern at the State Board level relative to the way regulation language is written in the majority of certifications. The component that describes the stopping of certification processing only seems to be related to individuals coming from another state who are already licensed and are ‘under investigation’.

Ms. Cooke gave the following synopsis: an educator could conceivably have a Delaware license and certificate and also hold a certification in another state. This individual has been working in another state, i.e. Maryland. Something happens in Maryland with the educator and they are under an investigation. This educator could decide to come back to Delaware on his/her Delaware license and certificate but they need a new certificate to get a job. The Certification personnel would have no idea of this situation, although the law is clear that the educator is responsible for disclosure.

Another potential scenario is a Nationally Certified teacher applies for certification without disclosing a current legal investigation. The concern by both Boards is to provide the best protection for all of Delaware’s students. Closing the perceived loop-hole in the regulations is an issue that needs attending.

The Board requested Mr. Michels and Ms. Cooke to craft the language to close the loop-hole in current regulations or in regulation 1516 that might cover all existing regulations. It was decided to move forward this topic as an Action Item on the December agenda.

F. Amend 340 Certification Theatre Teacher

Mr. Michels talked the Board through the process that had brought this newly drafted regulation forward, including working with the Department and the Licensure and Certification Criteria Committee. This regulation is designed to allow very talented individuals in the areas of creative and performing arts to have an avenue for Delaware certification. All parties, including the current Board, felt that having these high-quality teachers available to students for Career Pathway courses and electives is a critical option for students who have an interest, talent and passion in these areas. It was decided to place this drafted regulation as an Action Item for publication on December’s agenda.

G. Professional Development and Associated Compensation Committee Cluster Guideline Recommendations

Mr. Michels reviewed the Cluster recommendations from the Professional Development and Associated Compensation Committee. A discussion followed with the general consensus by the Board to agree with these recommendations. A question about the ability of the Board to terminate a cluster within the original 5 year approval span was asked and Ms. Cooke indicated she would find the answer. Mr. Michels indicated that it might be advisable to incorporate some of these recommendations into regulation 1501 for clarification. There was a general agreement to do this.

VII. Action Items

A. Cluster Evaluation

Mr. Michels shared the latest version of the Cluster Evaluation that was approved by the Professional Development and Associated Compensation Committee. A motion was made by Mr. Richard Gregg and seconded by Mr. Ed Czerwinski to approve the programming and necessary printing costs of the Cluster Evaluation forms. The motion carried unanimously.

B. 1579 Teacher of the Visually Impaired

This regulation was published in the 10/1/06 Registrar. Comments from the State Council for Persons with Disabilities and the Governors Advisory Council for Exceptional Citizens were noted to the Board. The title was changed to make it more ‘people-first’ and an addition to 3.0 was added to reflect Title 14 Del.C. §206(d). Ms. Cooke indicated that that whether a change is substantive is to be determined by the agency, in this case the Professional Standards Board; however, it is her opinion that neither of these changes would be considered substantive.

A motion was made by Mr. Richard Gregg and seconded by Ms. Karen Gordon for Final Approval on 1579 Standard Certificate Teacher of Students with Visually Impairments. The motion carried unanimously.

C. Amendment 1526 Standard Certificate English to Speakers of Other Languages – (For Approval)

A motion was made by Mr. Richard Gregg and seconded by Ms. Lori Hudson for the Final Approval to Amend 1526 Standard Certificate English to Speakers of Other Languages. The new title will be Standard Certificate English to Speakers of Other Languages Teacher K to 12. The motion carried unanimously.

D. Repeal 1527 Endorsement English to Speakers of Other Languages (ESOL) Teacher (For Approval)

A motion was made by Mr. Les Holden and seconded by Mr. Ed Czerwinski to

Repeal 1527 Endorsement English to Speakers of Other Languages (ESOL) Teacher. The Motion carried unanimously.

E. Teacher of the Year Professional Development – (For Approval)

A motion was made by Ms. Barbara Grogg and seconded by Ms. Karen Gordon to approve the $250 stipend for the Delaware Teacher of the Year for her professional development. The Motion carried unanimously.

F. Professional Development Clusters – (None)

VIII. PSB Standing Committees

A. Licensure and Certification Criteria

B. Professional Development and Associated Compensation

1. Professional Development and Associated Compensation – September 11, 2006 Meeting Minutes.

IX. PSB Ad Hoc Committees

A. Mentor Committee – Dr. Mary Ellen Kotz has scheduled a meeting on December 6, 2006 4:00-5:30 PM at the Collette Building to discuss full time release mentors. All Board members are invited to attend.

B. Cluster Committee

C. Legislative Committee

X. Other

Ms. Barbara Grogg stated that it has come to her attention that the $750.00 stipend approved by both the Standards Board and the State Board for Supervising Teachers has not been funded. Ms. Emily Falcon, the Education Analyst from the Budget Office described the process from Board approval to the actual funding of a particular program. In this case, the steps in the process where the money is approved and allocated by the Budget office and the Joint Finance Committee was not completed, thus the lack of funding this year. Mr. Michels indicated that he has checked on the status of the funding for the following year and will continue to advocate for the funding as it moves through the process. He also indicated that in the future, when an item moves through the Board similar to this, he will ensure the steps in the process are complied with.

Mr. Les Holden stated, with the agreement of the Board, that we should invite the new “Delaware Teacher of the Year” to a Professional Standards Board meeting in the future.

XI. Public Comment

None.

XII. Adjournment

A motion was made by Mr. Ed Czerwinski and seconded by Ms. Kathleen Thomas to adjourn the meeting. The meeting adjourned at 7:25 p.m.

During the course of this meeting, the Professional Standards Board may enter into Executive Session to consider strategy with respect to pending and potential litigation or with respect to personnel issues. The Professional Standards Board may also take breaks.

The times designated on the agenda are approximate and are listed for administrative purposes only. The Professional Standards Board reserves the right, pursuant to Section 10004(e) of the Freedom of Information Act, to hear any matter out of its order during the meeting.

6

I:\user2user\Carrington&Charlie\PSB Files\Meetings\06. PSB meetings\12.7.06 PBS Mtg\PSB Meeting Minutes 11.2.06.doc