House File 2623 - Introduced
HOUSE FILE
BY COMMITTEE ON EDUCATION
(SUCCESSOR TO HSB 735)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the membership, authority, and duties of the
2 board of educational examiners.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 6453HV 81
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PAG LIN
1 1 Section 1. Section 235A.15, subsection 2, paragraph e,
1 2 subparagraph (9), Code Supplement 2005, is amended to read as
1 3 follows:
1 4 (9) To the board of educational examiners created under
1 5 chapter 272 for purposes of determining whether a
1 6 practitioner's license, certificate, or authorization should
1 7 be issued, denied, or revoked.
1 8 Sec. 2. Section 235B.6, subsection 2, paragraph e, Code
1 9 Supplement 2005, is amended by adding the following new
1 10 subparagraph:
1 11 NEW SUBPARAGRAPH. (12) To the board of educational
1 12 examiners created under chapter 272 for purposes of
1 13 determining whether a license, certificate, or authorization
1 14 should be issued, denied, or revoked.
1 15 Sec. 3. Section 272.2, subsection 15, Code 2005, is
1 16 amended to read as follows:
1 17 15. Adopt rules that require specificity in written
1 18 complaints that are filed by individuals who have personal
1 19 knowledge of an alleged violation and which are accepted by
1 20 the board, provide that the jurisdictional requirements as set
1 21 by the board in administrative rule are met on the face of the
1 22 complaint before initiating an investigation of allegations,
1 23 provide that any investigation be limited to the allegations
1 24 contained on the face of the complaint, provide for an
1 25 adequate interval between the receipt of a complaint and
1 26 public notice of the complaint, permit parties to a complaint
1 27 to mutually agree to a resolution of the complaint filed with
1 28 the board, allow the respondent the right to review any
1 29 investigative report upon a finding of probable cause for
1 30 further action by the board, require that the conduct
1 31 providing the basis for the complaint occurred within three
1 32 years of discovery of the event by the complainant unless good
1 33 cause can be shown for an extension of this limitation, and
1 34 require investigation of complaints to be resolved and
1 35 determination of probable cause by the board within one
2 1 hundred eighty twenty days unless good cause can be shown for
2 2 an extension of this limitation.
2 3 Sec. 4. Section 272.2, Code 2005, is amended by adding the
2 4 following new subsection:
2 5 NEW SUBSECTION. 17. Adopt rules to require that a
2 6 background investigation be conducted by the division of
2 7 criminal investigation of the department of public safety on
2 8 all initial applicants for licensure. The board shall also
2 9 require all initial applicants to submit a completed
2 10 fingerprint packet and shall use the packet to facilitate a
2 11 national criminal history background check. The board shall
2 12 have access to, and shall review the sex offender registry
2 13 information under section 692A.13, the central registry for
2 14 child abuse information established under chapter 235A, and
2 15 the dependent adult abuse records maintained under chapter
2 16 235B for information regarding applicants for license renewal.
2 17 Sec. 5. Section 272.3, unnumbered paragraph 1, Code 2005,
2 18 is amended to read as follows:
2 19 The board of educational examiners consists of eleven
2 20 members. Two must be members of the general public and the
2 21 remaining nine must be licensed practitioners. One of the
2 22 public members shall also be the director of the department of
2 23 education, or the director's designee have served on a school
2 24 board. The other public member members shall be a person who
2 25 does not hold never have held a practitioner's license, but
2 26 has shall have a demonstrated interest in education. One of
2 27 the licensed practitioners shall be the director of the
2 28 department of education or the director's designee. The nine
2 29 remaining eight practitioners shall be selected from the
2 30 following areas and specialties of the teaching profession:
2 31 Sec. 6. Section 272.3, unnumbered paragraph 2, Code 2005,
2 32 is amended to read as follows:
2 33 A majority of the licensed practitioner members shall be
2 34 nonadministrative practitioners. Four of the members shall be
2 35 administrators. Membership of the board shall comply with the
3 1 requirements of sections 69.16 and 69.16A. A quorum of the
3 2 board shall consist of six members. The director of the
3 3 department of education Members shall serve as the elect a
3 4 chairperson of the board. Members, except for the director of
3 5 the department of education, shall be appointed by the
3 6 governor and the appointments are subject to confirmation by
3 7 the senate.
3 8 Sec. 7. Section 272.29, Code Supplement 2005, is amended
3 9 to read as follows:
3 10 272.29 ANNUAL ADMINISTRATIVE RULES REVIEW.
3 11 The executive director shall annually review the
3 12 administrative rules adopted pursuant to this chapter and
3 13 related state laws. The executive director shall annually
3 14 submit the executive director's findings and recommendations
3 15 in a report every three years to the board and the
3 16 chairpersons and ranking members of the senate and house
3 17 standing committees on education and the joint appropriations
3 18 subcommittee on education by January 15.
3 19 Sec. 8. TRANSITIONAL PROVISION == MEMBERS' TERMS ON THE
3 20 BOARD OF EDUCATIONAL EXAMINERS. The two public members
3 21 serving on the board of educational examiners on the effective
3 22 date of this Act shall continue to serve as public members of
3 23 the board until April 30, 2007. On May 1, 2007, the director
3 24 of the department of education shall commence service on the
3 25 board as a licensed practitioner.
3 26 EXPLANATION
3 27 This bill amends a number of provisions related to the
3 28 membership, authority, and duties of the board of educational
3 29 examiners.
3 30 The bill requires the board of educational examiners to
3 31 adopt rules to require that a background investigation be
3 32 conducted on an initial applicant for a license by the
3 33 division of criminal investigation of the department of public
3 34 safety. The bill also requires the board to review the sex
3 35 offender registry, and the child and dependent adult abuse
4 1 registries for information regarding applicants for license
4 2 renewal. The bill also requires the board to access sex
4 3 offender registry information. The bill authorizes access to
4 4 the various registries by the board for purposes of issuing,
4 5 renewing, and revoking licenses, certificates, and
4 6 authorizations.
4 7 The bill eliminates the time by which the board of
4 8 educational examiners must resolve a written complaint filed
4 9 by an individual who has knowledge of an alleged violation of
4 10 regulations imposed on teachers and other educational
4 11 practitioners. Currently, the Code requires that complaints
4 12 be resolved within 180 days. The bill requires that the board
4 13 investigate such complaints and determine probable cause
4 14 within 120 days. Under both the current Code and the bill, if
4 15 good cause can be shown, the time limitations may be extended.
4 16 The bill changes the composition of the membership of the
4 17 board of educational examiners by striking language that
4 18 requires that the director of the department of education
4 19 serve as the chairperson of the board. The bill requires that
4 20 the director or the director's designee serve as one of the
4 21 nine licensed practitioners on the board. The bill requires
4 22 that the board's two public members shall never have held a
4 23 practitioner's license, and one of the public members shall
4 24 have served on a school board. The bill provides transitional
4 25 language to provide that the two public members serving
4 26 currently serve until April 30, 2007, and to provide that the
4 27 director of the department shall commence service on the board
4 28 as a licensed practitioner on May 1, 2007.
4 29 The bill also extends the interval, from annually to once
4 30 every three years, between successive administrative rules
4 31 review reports the executive director of the board is required
4 32 to provide to the chairpersons and ranking members of the
4 33 standing education committees and the joint appropriations
4 34 subcommittee on education.
4 35 LSB 6453HV 81
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