Text: SSB03147                          Text: SSB03149
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Senate Study Bill 3148

Bill Text

PAG LIN
  1  1    Section 1.  Section 272.2, subsection 14, Code Supplement
  1  2 2001, is amended by striking the subsection and inserting in
  1  3 lieu thereof the following:
  1  4    14.  Adopt rules to determine whether an applicant is
  1  5 qualified to perform the duties for which a license is sought.
  1  6 The rules shall include all of the following:
  1  7    a.  The board shall deny a license to or revoke the license
  1  8 of a person upon the board's finding by a preponderance of
  1  9 evidence that either the person has been convicted of a crime
  1 10 or that there has been a founded report of child abuse against
  1 11 the person.  Rules adopted in accordance with this paragraph
  1 12 "a" shall provide that in determining whether a person should
  1 13 be denied a license or that a practitioner's license should be
  1 14 revoked, the board shall consider the nature and seriousness
  1 15 of the founded abuse or crime committed, the degree of
  1 16 rehabilitation which has taken place since the incidence of
  1 17 founded abuse or the commission of the crime, the likelihood
  1 18 that the person will commit the same abuse or crime again, and
  1 19 the number of founded abuses committed or criminal convictions
  1 20 by the person involved.
  1 21    b.  Notwithstanding paragraph "a", the rules shall require
  1 22 the board to disqualify an applicant for a license or to
  1 23 revoke the license of a person for any of the following
  1 24 reasons:
  1 25    (1)  The person entered a plea of guilty to, or has been
  1 26 found guilty of, any of the following offenses established
  1 27 pursuant to Iowa law or offenses of a similar nature
  1 28 established under the laws of any other state or of the United
  1 29 States, or any other country, whether or not a sentence is
  1 30 imposed:
  1 31    (a)  Any forcible felony as defined in section 702.11.
  1 32    (b)  Any of the following sexual abuse offenses, as
  1 33 provided in chapter 709, involving a child:
  1 34    (i)  First, second, or third degree sexual abuse committed
  1 35 on or with a person who is under the age of eighteen years.
  2  1    (ii)  Lascivious acts with a child.
  2  2    (iii)  Detention in a brothel.
  2  3    (iv)  Assault with intent to commit sexual abuse.
  2  4    (v)  Indecent contact with a child.
  2  5    (vi)  Sexual exploitation by a counselor.
  2  6    (vii)  Lascivious conduct with a minor.
  2  7    (c)  Any of the following offenses against family members
  2  8 or dependents, as provided in chapter 726, involving a child:
  2  9    (i)  Incest.
  2 10    (ii)  Neglect or abandonment of a dependent person.
  2 11    (iii)  Child endangerment.
  2 12    (iv)  Wanton neglect of a resident of a health care
  2 13 facility.
  2 14    (d)  Any of the following obscenity offenses, as provided
  2 15 in chapter 728, involving a child:
  2 16    (i)  Dissemination or exhibition of obscene material to
  2 17 minors.
  2 18    (ii)  Admitting minors to premises where obscene material
  2 19 is exhibited.
  2 20    (iii)  Sexual exploitation of minors.
  2 21    (iv)  Telephone dissemination of obscene material to
  2 22 minors.
  2 23    (2)  The applicant is less than twenty-one years of age.
  2 24 However, a student enrolled in a practitioner preparation
  2 25 program who meets board requirements for a temporary, limited-
  2 26 purpose license who is seeking to teach as part of a practicum
  2 27 or internship may be less than twenty-one years of age.
  2 28    (3)  The applicant's application is fraudulent.
  2 29    (4)  The applicant's license or certification from another
  2 30 state is suspended or revoked.
  2 31    (5)  The applicant fails to meet board standards for
  2 32 application for an initial or renewed license.
  2 33    c.  Qualifications or criteria for the granting or
  2 34 revocation of a license or the determination of an
  2 35 individual's professional standing shall not include
  3  1 membership or nonmembership in any teachers' organization.
  3  2    d.  An applicant for a license or certificate under this
  3  3 chapter shall demonstrate that the requirements of the license
  3  4 or certificate have been met and the burden of proof shall be
  3  5 on the applicant.
  3  6    Sec. 2.  Section 272.12, Code 2001, is amended to read as
  3  7 follows:
  3  8    272.12  PARA-EDUCATOR CERTIFICATES.
  3  9    The board of educational examiners shall adopt rules
  3 10 pursuant to chapter 17A relating to a voluntary certification
  3 11 system for para-educators.  The rules shall specify rights,
  3 12 responsibilities, levels, and qualifications for the
  3 13 certificate.  Applicants shall be disqualified for any reason
  3 14 specified in section 272.6 272.2, subsection 14, or in
  3 15 administrative rule.  Notwithstanding section 272.6 272.2,
  3 16 subsection 1 14, paragraph "a" "b", subparagraph (2), the
  3 17 board may issue a para-educator certificate to a person who is
  3 18 at least eighteen years of age.  A person holding a para-
  3 19 educator certificate shall not perform the duties of a
  3 20 licensed practitioner.  A certificate issued pursuant to this
  3 21 chapter shall not be considered a teacher or administrator
  3 22 license for any purpose specified by law, including the
  3 23 purposes specified under this chapter or chapter 279.
  3 24    Sec. 3.  Section 272.6, Code 2001, is repealed.  
  3 25                           EXPLANATION
  3 26    This bill strikes, repeals, transfers, and rewrites
  3 27 provisions of the Code relating to the board of educational
  3 28 examiners' authority to adopt rules to determine whether an
  3 29 applicant for licensure or renewal of licensure is qualified
  3 30 for the license sought.
  3 31    The Code currently authorizes the board to consider the
  3 32 nature and seriousness of a founded abuse or crime committed
  3 33 by the applicant, the time elapsed since the founded abuse or
  3 34 crime was committed, the degree of rehabilitation that has
  3 35 since taken place, the likelihood that the person will commit
  4  1 the incidence of founded abuse or crime again, and the number
  4  2 of founded abuses and crimes committed by the person.  The
  4  3 bill also authorizes the board to consider these
  4  4 circumstances, but specifically lists certain crimes and
  4  5 offenses and requires the board to deny or revoke a license if
  4  6 the person seeking the license or renewal commits any of the
  4  7 offenses or crimes enumerated by the bill.
  4  8    The bill makes conforming changes to Code language relating
  4  9 to para-educator certificates.  
  4 10 LSB 5710XC 79
  4 11 kh/sh/8
     

Text: SSB03147                          Text: SSB03149
Text: SSB03100 - SSB03199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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