CHAPTER 84
FINANCIAL INCENTIVES FOR NATIONAL BOARD CERTIFICATION
281—84.1(256) Purpose. National Board Certification (NBC) is available to teachers nationwide and requires candidates to demonstrate their teaching practice as measured against high and rigorous standards. NBC teachers enhance the educational experience of their students and motivate fellow teachers toward excellence in classroom teaching. These rules implement the two financial incentive pilot programs enacted by the Iowa legislature to increase the number of NBC teachers in Iowa.
[ARC 0523C, IAB 12/12/12, effective 1/16/13]
281—84.2(256) Definitions. For the purpose of these rules, the following definitions shall apply:
“A person who receives a salary as a classroom teacher” means a teacher employed by a school district in Iowa who receives any salary compensation from the school district for providing classroom instruction to students in the school district. The term also means a teacher employed by an area education agency in Iowa who receives all salary compensation through pooled school district funds provided to the area education agency to provide classroom instruction to elementary (including prekindergarten) or secondary students in one or more school districts.
“Department” means the state department of education.
“Director” means the director of the state department of education.
“Employed by a school district in Iowa” means a teacher employed in a nonadministrative position in an Iowa school district pursuant to a contract issued by a board of directors of a school district under Iowa Code section 279.13 and any full-time permanent substitute teacher employed under individual contracts not included under Iowa Code section 279.13 but who is receiving retirement and health benefits as part of the substitute teacher’s contract.
“National Board Certification (NBC)” is a nationwide certification program administered by the National Board for Professional Teaching Standards. The certification program requires candidates to participate in a rigorous two-part assessment consisting of portfolio entries and assessment center exercises.
“National Board for Professional Teaching Standards (NBPTS)” is a private nonprofit organization whose goal is to develop professional standards for early childhood, elementary and secondary school teaching. NBPTS administers the NBC program.
“School district” means a public school district.
“Teacher” means an Iowa-licensed teacher as defined in Iowa Code section 272.1.
281—84.3(256) Registration fee reimbursement program. If funds are appropriated by the Iowa legislature, the department shall administer a registration fee reimbursement program.
	84.3(1) Eligibility. Teachers who registered with NBPTS after December 31, 2007, but before July 1, 2012, shall apply to the department by May 1, 2013. All other teachers seeking reimbursement shall apply to the department within one year of registration with NBPTS. Teachers eligible for the registration fee reimbursement program shall meet all of the following qualifications:
	a. 	The individual has all qualifications required by NBPTS for application for certification.
	b. 	The individual is a teacher.
	c. 	The individual is employed by a school district in Iowa.
	d. 	The individual receives a salary as a classroom teacher.
	e. 	The individual completes the department’s application process, which includes submitting verification of NBC registration.
	f. 	The individual has not received reimbursement from this program at any previous time.
	84.3(2) Registration fee reimbursement. If funds are appropriated by the legislature, all teachers who apply to the department shall receive registration fee reimbursement. If, however, in any fiscal year the number of eligible teachers that apply for the reimbursement exceeds the funds available, the department shall prorate the amount of the registration fee reimbursement among all eligible teachers.
	84.3(3) Reimbursement. Teachers determined eligible shall receive reimbursement in the following manner:
	a. 	Initial registration fee reimbursement. Each eligible teacher shall receive an initial reimbursement of one-half of the reimbursement fee charged by NBPTS or, if necessary, a prorated amount upon submission to the department of the NBC registration confirmation form provided to each teacher by NBPTS.
	b. 	Final registration fee reimbursement. The final registration fee reimbursement of one-half of the reimbursement fee charged by NBPTS or, if necessary, a prorated amount shall be awarded when the eligible teacher notifies the department of the teacher’s certification achievement and submits verification of certification. If an eligible teacher fails to receive certification, the teacher can receive the remaining reimbursement if the teacher achieves certification within three years of the initial NBC score notification.
	84.3(4) Withdrawal from NBC process. A teacher who has received the initial registration fee reimbursement from the department and withdraws from the NBC process shall reimburse the department the amount received from the department within 30 days of receiving any fee reimbursement from NBPTS if the reimbursement from NBPTS is equal to or greater than the amount received from the department. If the reimbursement amount from NBPTS is less than the amount the teacher received from the department, the teacher shall reimburse the department any amount received from NBPTS.
[ARC 0523C, IAB 12/12/12, effective 1/16/13]
281—84.4(256) NBC annual award. If funds are appropriated by the legislature, each eligible NBC teacher can qualify for one of the following NBC annual awards. If in any fiscal year the funds appropriated are insufficient to pay the maximum amount of the annual awards to each eligible teacher or the number of teachers eligible to receive annual awards exceed 1,100 individuals, the funds shall be prorated among all eligible teachers.
	1.	$5,000 annual award. An eligible teacher who receives NBC certification prior to May 1, 2000, will receive an annual award of up to $5,000 per year or a prorated amount for a period of ten years or until the teacher’s total state annual award amount reaches $50,000, whichever occurs first.
	2.	$2,500 annual award. An eligible teacher who receives NBC certification after May 1, 2000, will receive an annual award of up to $2,500 per year or a prorated amount for a maximum period of ten years.
	3.	An otherwise-eligible teacher who possesses a teaching contract that is less than full-time shall receive an award prorated to reflect the type of contract (i.e., half-time, quarter-time, etc.).
	84.4(1) Eligibility. In addition to having registered with NBPTS and achieving certification within NBPTS-established timelines and policies, individuals eligible for the NBC annual award shall meet all of the following qualifications:
	a. 	The individual is an NBC teacher.
	b. 	The individual is a teacher.
	c. 	The individual is employed by a school district in Iowa.
	d. 	The individual receives a salary as a classroom teacher.
	e. 	The individual completes the department’s annual application process, which includes submitting verification of certification.
	f. 	The individual has not received an NBC annual award for more than ten years.
	g. 	The individual has not received state NBC annual awards totaling more than $50,000.
	h. 	The individual is applying for the award within one year of being eligible for the award.
	84.4(2) Application. An NBC teacher shall submit an application verifying eligibility for an NBC award to the department by May 1 of each fiscal year the NBC teacher is eligible for the award. NBC awards shall be issued to eligible NBC teachers no later than June 1 of each fiscal year.
	84.4(3) Taxes. The NBC award is not considered salary for purposes of Iowa Code chapter 97B. The eligible NBC teacher will be responsible to pay the appropriate state and federal taxes. The department will notify state and federal taxing authorities of the award and the NBC teacher will be issued an IRS Form 1099.
[ARC 0523C, IAB 12/12/12, effective 1/16/13]
281—84.5(256) Appeal of denial of a registration fee reimbursement award or an NBC annual award. Any applicant may appeal the denial of a registration fee reimbursement award or an NBC annual award to the director of the department. Appeals must be in writing and received within ten working days of the date of the notice of denial and must be based on a contention that the process was conducted outside statutory authority or violated state or federal law, regulation or rule. The hearing and appeal procedures found in 281—Chapter 6 that govern director’s decisions shall be applicable to any appeal of denial.
In the notice of appeal, which shall be notarized, the applicant shall give a short and plain statement of the reasons for the appeal.
The director shall issue a decision within a reasonable time, not to exceed 30 days from the date of the hearing.
These rules are intended to implement Iowa Code section 256.44.
[Filed emergency 9/16/98—published 10/7/98, effective 9/16/98]
[Filed 11/19/98, Notice 10/7/98—published 12/16/98, effective 1/20/99]
[Filed emergency 8/16/99—published 9/8/99, effective 8/16/99]
[Filed 10/21/99, Notice 9/8/99—published 11/17/99, effective 12/22/99]
[Filed 6/4/04, Notice 2/4/04—published 6/23/04, effective 7/28/04]
[Filed 11/20/08, Notice 8/27/08—published 12/17/08, effective 1/21/09]
[Filed ARC 0523C (Notice ARC 0301C, IAB 8/22/12), IAB 12/12/12, effective 1/16/13]