Text: HSB00538 Text: HSB00540 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 272.1, Code 1999, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 2A. "Certificate" means limited 1 4 recognition to perform instruction and instruction-related 1 5 duties in school, other than those duties for which 1 6 practitioners are licensed. A certificate is nonexclusive 1 7 recognition and does not confer the exclusive authority of a 1 8 license. 1 9 Sec. 2. Section 272.1, subsections 4 and 5, Code 1999, are 1 10 amended to read as follows: 1 11 4. "License" means the authority that is given to allow a 1 12 person to legally serve as a practitioner, a school, an 1 13 institution, or a course of study to legally offer 1 14 professional development programs, other than those programs 1 15 offered by practitioner preparation schools, institutions, 1 16 courses of study, or area education agencies. A license is 1 17 the exclusive authority to perform these functions. 1 18 5. "Para-educator" means a person who islicensed1 19 certified to assist a teacher in the performance of 1 20 instructional tasks to support and assist classroom 1 21 instruction and related school activities. 1 22 Sec. 3. Section 272.6, Code 1999, is amended to read as 1 23 follows: 1 24 272.6 QUALIFICATIONS FOR PRACTITIONERS. 1 25 1. The board shall determine whether an applicant is 1 26 qualified to perform the duties for which a license is sought. 1 27 Applicants shall be disqualified for any of the following 1 28 reasons: 1 291.a. The applicant is less than twenty-one years of age. 1 30 However, a student enrolled in a practitioner preparation 1 31 program who meets board requirements for a temporary, limited- 1 32 purpose license who is seeking to teach as part of a practicum 1 33 or internship may be less than twenty-one years of age. 1 342.b. The applicant has been convicted of child abuse or 1 35 sexual abuse of a child. 2 13.c. The applicant has been convicted of a felony. 2 24.d. The applicant's application is fraudulent. 2 35.e. The applicant's license or certification from 2 4 another state is suspended or revoked. 2 56.f. The applicant fails to meet board standards for 2 6 application for an initial or renewed license. 2 7 2. Qualifications or criteria for the granting or 2 8 revocation of a license or the determination of an 2 9 individual's professional standing shall not include 2 10 membership or nonmembership in any teachers' organization. 2 11 3. An applicant for a license or certificate under this 2 12 chapter shall demonstrate that the requirements of the license 2 13 or certificate have been met and the burden of proof shall be 2 14 on the applicant. 2 15 Sec. 4. Section 272.12, Code 1999, is amended by striking 2 16 the section and inserting in lieu thereof the following: 2 17 272.12. PARA-EDUCATOR CERTIFICATES. 2 18 The board of educational examiners shall adopt rules 2 19 pursuant to chapter 17A relating to a voluntary certification 2 20 system for para-educators. The rules shall specify rights, 2 21 responsibilities, levels, and qualifications for the 2 22 certificate. Applicants shall be disqualified for any reason 2 23 specified in section 272.6 or in administrative rule. A 2 24 person holding a para-educator certificate shall not perform 2 25 the duties of a licensed practitioner. A certificate issued 2 26 pursuant to this chapter shall not be considered a teacher or 2 27 administrator license for any purpose specified by law, 2 28 including the purposes specified under this chapter or chapter 2 29 279. 2 30 EXPLANATION 2 31 This bill broadens the authority of the board of 2 32 educational examiners and provides for the certification, 2 33 rather than licensing, of a para-educator. 2 34 The bill strikes Code language specifying the various types 2 35 of para-educator licenses available, the qualifications 3 1 necessary to achieve a para-educator license, and the list of 3 2 reasons for which an applicant would be disqualified for a 3 3 license. However, the bill provides for the disqualification 3 4 of an applicant for a certificate for any reason specified in 3 5 Code section 272.6, which currently relates only to applicants 3 6 for a practitioner's license. The bill authorizes the board 3 7 to adopt rules relating to a voluntary certification system 3 8 for para-educators, and to the rights, responsibilities, 3 9 levels, and qualifications for a certificate. 3 10 The bill also provides that an applicant for a license or 3 11 certificate can be disqualified for reasons specified in 3 12 administrative rule. The applicant is responsible for 3 13 demonstrating that the requirements of the license or 3 14 certificate have been met and, as provided in the bill, the 3 15 burden of proof is on the applicant. 3 16 The bill defines "certificate" to mean limited recognition 3 17 to perform instruction and instruction-related duties in 3 18 school, other than those duties for which practitioners are 3 19 licensed. Under the definition, a certificate is nonexclusive 3 20 recognition and does not confer the exclusive authority of a 3 21 license. The bill further defines "license" to provide that a 3 22 license is the exclusive authority to legally serve as a 3 23 practitioner, a school, an institution, or a course of study 3 24 to legally offer professional development programs. 3 25 LSB 5354DP 78 3 26 kh/gg/8
Text: HSB00538 Text: HSB00540 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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