Text: SF02257 Text: SF02259 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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 section272.6272.2, subsection 14, or in 3 19 administrative rule. Notwithstanding section272.6272.2, 3 20 subsection114, 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 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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