272.2  Board of examiners created.

The board of educational examiners is created to exercise the exclusive authority to:

1.  License practitioners, who do not hold or receive a license from another professional licensing board, and professional development programs, except for programs developed and offered by practitioner preparation institutions or area education agencies and approved by the state board of education. Licensing authority includes the authority to establish criteria for the licenses, including but not limited to, issuance and renewal requirements, creation of application and renewal forms, creation of licenses that authorize different instructional functions or specialties, development of a code of professional rights and responsibilities, practice, and ethics, and the authority to develop any other classifications, distinctions, and procedures which may be necessary to exercise licensing duties. A code of professional rights and responsibilities, practice, and ethics shall address but not be limited to the habitual failure of a practitioner to fulfill contractual obligations under section 279.13.

2.  Establish, collect, and refund fees for a license.

3.  Enter into reciprocity agreements with other equivalent state boards or a national certification board to provide for licensing of applicants from other states or nations.

4.  Enforce rules adopted by the board through revocation or suspension of a license, or by other disciplinary action against a practitioner or professional development program licensed by the board of educational examiners.

5.  Apply for and receive federal or other funds on behalf of the state for purposes related to its duties.

6.  Evaluate and conduct studies of board standards.

7.  Hire an executive director, legal counsel, and other personnel and control the personnel administration of persons employed by the board.

8.  Hear appeals regarding application, renewal, suspension, or revocation of a license. Board action is final agency action for purposes of chapter 17A.

9.  Establish standards for the determination of whether an applicant is qualified to perform the duties required for a given license.

10.  Issue statements of professional recognition to school service personnel who are licensed by another professional licensing board.

11.  Make recommendations to the state board of education concerning standards for the approval of professional development programs.

12.  Establish, under chapter 17A, rules necessary to carry out board duties, and establish a budget request.

13.  Adopt rules to provide for nontraditional preparation options for licensing persons who hold a bachelor's degree from an accredited college or university, who do not meet other requirements for licensure.

14.  Adopt rules which permit the board to deny a license to or revoke a license of a person upon the board's finding by a preponderance of evidence that either the person has been convicted of a crime or that there has been a founded report of child abuse against the person. Rules adopted shall provide that in determining whether a person should be denied a license or that a practitioner's license should be revoked, the board shall consider the nature and seriousness of the founded abuse or crime in relation to the position sought, the time elapsed since the founded abuse or crime was committed, the degree of rehabilitation which has taken place since the incidence of founded abuse or the commission of the crime, the likelihood that the person will commit the same abuse or crime again, and the number of founded abuses committed or criminal convictions by the person involved.

15.  Adopt rules that require specificity in written complaints that are filed by individuals who have personal knowledge of an alleged violation and which are accepted by the board, provide that the jurisdictional requirements as set by the board in administrative rule are met on the face of the complaint before initiating an investigation of allegations, provide that any investigation be limited to the allegations contained on the face of the complaint, provide for an adequate interval between the receipt of a complaint and public notice of the complaint, permit parties to a complaint to mutually agree to a resolution of the complaint filed with the board, allow the respondent the right to review any investigative report upon a finding of probable cause for further action by the board, require that the conduct providing the basis for the complaint occurred within three years of discovery of the event by the complainant unless good cause can be shown for an extension of this limitation, and require complaints to be resolved within one hundred eighty days unless good cause can be shown for an extension of this limitation.

Section History: Early form

  [C97, § 2629; S13, § 2629; C24, 27, 31, § 3863; C35, § 3858-e1; C39, § 3858.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 260.2]

Section History: Recent form

  86 Acts, ch 1245, § 1442; 89 Acts, ch 265, § 2; 90 Acts, ch 1249, § 5, 6

  C93, § 272.2

  96 Acts, ch 1189, § 1; 96 Acts, ch 1215, § 46

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