ARC 3979C
EDUCATIONAL EXAMINERS BOARD[282]
Adopted and Filed
Rule making related to licensing
The Board of Educational Examiners hereby amends Chapter 13, “Issuance of Teacher Licenses and Endorsements,” Chapter 18, “Issuance of Administrator Licenses and Endorsements,” Chapter 23, “Behind-the-Wheel Driving Instructor Authorization,” and Chapter 27, “Issuance of Professional Service Licenses,” Iowa Administrative Code.
Legal Authority for Rule Making
This rule making is adopted under the authority provided in Iowa Code section 272.2.
State or Federal Law Implemented
This rule making implements, in whole or in part, Iowa Code section 272.7 as amended by 2018 Iowa Acts, House File 2283.
Purpose and Summary
The amendments are intended to implement 2018 Iowa Acts, House File 2283, which amends Iowa Code section 272.7 by eliminating the requirement that licenses remain valid until the last day of the practitioner’s birth month, thus allowing the Board to adjust the expiration date for the initial license to align with the academic year.
Public Comment and Changes to Rule Making
Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on June 6, 2018, as ARC 3827C. A public hearing was held on June 27, 2018, at 1 p.m.	in Room 3 Southwest, Grimes State Office Building, Des Moines, Iowa. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.
Adoption of Rule Making
This rule making was adopted by the Board on August 3, 2018.
Fiscal Impact
Board staff estimates that the Board has typically processed approximately 300 extensions per year that will be unnecessary in the future when these amendments become effective. Because the extension fee is $25, the reduction in the number of extensions will result in a decrease of $7,500 in fees collected by the Board annually and $1,875 less in the Board’s annual deposit to the General Fund.
Jobs Impact
After analysis and review of this rule making, no impact on jobs has been found.
Waivers
Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 282—Chapter 6.
Review by Administrative Rules Review Committee
The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).
Effective Date
This rule making will become effective on October 3, 2018.
The following rule-making actions are adopted:
	Item 1. Amend rule 282—13.6(272) as follows:
282—13.6(272) Specific requirements for an initial license. An initial license valid for a minimum of two years with an expiration date of June 30 may be issued to an applicant who meets the general requirements set forth in rule 282—13.5(272).
	Item 2. Amend rule 282—13.30(272) as follows:
282—13.30(272) Licenses—issue and expiration dates, corrections, duplicates, and fraud.
	13.30(1) Issue date and expiration dates on original license. A license is valid only from and after the date of issuance.  Licenses, authorizations, certificates, and statements of professional recognition will expire on the last day of the practitioner’s birth month after the term of the license unless otherwise specified. If the expiration date is changed by rule, the change may be retroactive.
	13.30(2) to 13.30(4) No change.
	Item 3. Amend rule 282—18.4(272) as follows:
282—18.4(272) General requirements for an administrator license.
	18.4(1)  No change.
	18.4(2) Specific requirements for an initial administrator license for applicants who have completed a teacher preparation program. An initial administrator license valid for a minimum of one year with an expiration date of June 30 may be issued to an applicant who:
	a.  to f.  No change.
	18.4(3) and 18.4(4) No change.
	Item 4. Amend rule 282—23.2(272,321) as follows:
282—23.2(272,321) Validity. The behind-the-wheel driving instructor authorization shall be valid for one year from the date of issuance. The behind-the-wheel driving instructor authorization shall be valid only if the holder continues to be qualified under subrule 23.1(1).
	Item 5. Amend rule 282—27.2(272) as follows:
282—27.2(272) Requirements for a professional service license.
	27.2(1) Initial professional service license. An initial professional service license valid for a minimum of two years with an expiration date of June 30 may be issued to an applicant for licensure to serve as a school audiologist, school psychologist, school social worker, speech-language pathologist, supervisor of special education (support), director of special education of an area education agency, or school counselor who:
	a.  to e.  No change.
	27.2(2) and 27.2(3) No change.
[Filed 8/6/18, effective 10/3/18]
[Published 8/29/18]
Editor’s Note: For replacement pages for IAC, see IAC Supplement 8/29/18.