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Senate File 2258

Partial Bill History

Bill Text

PAG LIN
  1  1                                           SENATE FILE 2258
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO THE BOARD OF EDUCATIONAL EXAMINERS' AUTHORITY
  1  5    TO DETERMINE WHETHER AN APPLICANT FOR LICENSURE OR
  1  6    CERTIFICATION OR FOR RENEWAL OF A LICENSE IS QUALIFIED 
  1  7    FOR THE LICENSE SOUGHT.  
  1  8 
  1  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 10 
  1 11    Section 1.  Section 272.2, subsection 14, Code Supplement
  1 12 2001, is amended by striking the subsection and inserting in
  1 13 lieu thereof the following:
  1 14    14.  Adopt rules to determine whether an applicant is
  1 15 qualified to perform the duties for which a license is sought.
  1 16 The rules shall include all of the following:
  1 17    a.  The board may deny a license to or revoke the license
  1 18 of a person upon the board's finding by a preponderance of
  1 19 evidence that either the person has been convicted of a crime
  1 20 or that there has been a founded report of child abuse against
  1 21 the person.  Rules adopted in accordance with this paragraph
  1 22 shall provide that in determining whether a person should be
  1 23 denied a license or that a practitioner's license should be
  1 24 revoked, the board shall consider the nature and seriousness
  1 25 of the founded abuse or crime in relation to the position
  1 26 sought, the time elapsed since the crime was committed, the
  1 27 degree of rehabilitation which has taken place since the
  1 28 incidence of founded abuse or the commission of the crime, the
  1 29 likelihood that the person will commit the same abuse or crime
  1 30 again, and the number of founded abuses committed or criminal
  1 31 convictions by the person involved.
  1 32    b.  Notwithstanding paragraph "a", the rules shall require
  1 33 the board to disqualify an applicant for a license or to
  1 34 revoke the license of a person for any of the following
  1 35 reasons:
  2  1    (1)  The person entered a plea of guilty to, or has been
  2  2 found guilty of, any of the following offenses established
  2  3 pursuant to Iowa law or offenses of a similar nature
  2  4 established under the laws of any other state or of the United
  2  5 States, or any other country, whether or not a sentence is
  2  6 imposed:
  2  7    (a)  Any of the following forcible felonies included in
  2  8 section 702.11:  child endangerment, assault, murder, sexual
  2  9 abuse, or kidnapping.
  2 10    (b)  Any of the following sexual abuse offenses, as
  2 11 provided in chapter 709, involving a child:
  2 12    (i)  First, second, or third degree sexual abuse committed
  2 13 on or with a person who is under the age of eighteen years.
  2 14    (ii)  Lascivious acts with a child.
  2 15    (iii)  Detention in a brothel.
  2 16    (iv)  Assault with intent to commit sexual abuse.
  2 17    (v)  Indecent contact with a child.
  2 18    (vi)  Sexual exploitation by a counselor.
  2 19    (vii)  Lascivious conduct with a minor.
  2 20    (c)  Incest involving a child under section 726.2.
  2 21    (d)  Dissemination and exhibition of obscene material to
  2 22 minors under section 728.2.
  2 23    (e)  Telephone dissemination of obscene material to minors
  2 24 under section 728.15.
  2 25    (2)  The applicant is less than twenty-one years of age
  2 26 except as provided in section 272.31, subsection 1, paragraph
  2 27 "e".  However, a student enrolled in a practitioner
  2 28 preparation program who meets board requirements for a
  2 29 temporary, limited-purpose license who is seeking to teach as
  2 30 part of a practicum or internship may be less than twenty-one
  2 31 years of age.
  2 32    (3)  The applicant's application is fraudulent.
  2 33    (4)  The applicant's license or certification from another
  2 34 state is suspended or revoked.
  2 35    (5)  The applicant fails to meet board standards for
  3  1 application for an initial or renewed license.
  3  2    c.  Qualifications or criteria for the granting or
  3  3 revocation of a license or the determination of an
  3  4 individual's professional standing shall not include
  3  5 membership or nonmembership in any teachers' organization.
  3  6    d.  An applicant for a license or certificate under this
  3  7 chapter shall demonstrate that the requirements of the license
  3  8 or certificate have been met and the burden of proof shall be
  3  9 on the applicant.
  3 10    Sec. 2.  Section 272.12, Code 2001, is amended to read as
  3 11 follows:
  3 12    272.12  PARA-EDUCATOR CERTIFICATES.
  3 13    The board of educational examiners shall adopt rules
  3 14 pursuant to chapter 17A relating to a voluntary certification
  3 15 system for para-educators.  The rules shall specify rights,
  3 16 responsibilities, levels, and qualifications for the
  3 17 certificate.  Applicants shall be disqualified for any reason
  3 18 specified in section 272.6 272.2, subsection 14, or in
  3 19 administrative rule.  Notwithstanding section 272.6 272.2,
  3 20 subsection 1 14, paragraph "a" "b", subparagraph (2), the
  3 21 board may issue a para-educator certificate to a person who is
  3 22 at least eighteen years of age.  A person holding a para-
  3 23 educator certificate shall not perform the duties of a
  3 24 licensed practitioner.  A certificate issued pursuant to this
  3 25 chapter shall not be considered a teacher or administrator
  3 26 license for any purpose specified by law, including the
  3 27 purposes specified under this chapter or chapter 279.
  3 28    Sec. 3.  Section 272.6, Code 2001, is repealed.  
  3 29 
  3 30 
  3 31                                                             
  3 32                               MARY E. KRAMER
  3 33                               President of the Senate
  3 34 
  3 35 
  4  1                                                             
  4  2                               BRENT SIEGRIST
  4  3                               Speaker of the House
  4  4 
  4  5    I hereby certify that this bill originated in the Senate and
  4  6 is known as Senate File 2258, Seventy-ninth General Assembly.
  4  7 
  4  8 
  4  9                                                             
  4 10                               MICHAEL E. MARSHALL
  4 11                               Secretary of the Senate
  4 12 Approved                , 2002
  4 13 
  4 14 
  4 15                                
  4 16 THOMAS J. VILSACK
  4 17 Governor
     

Text: SF02257                           Text: SF02259
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