Text: SSB03147 Text: SSB03149 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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 section272.6272.2, subsection 14, or in 3 15 administrative rule. Notwithstanding section272.6272.2, 3 16 subsection114, 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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