House File 529 - Introduced
HOUSE FILE
BY COMMITTEE ON EDUCATION
(SUCCESSOR TO HSB 121)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the members of the board of educational
2 examiners and the authority of the board regarding complaints.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1403HV 81
5 kh/pj/5
PAG LIN
1 1 Section 1. Section 272.2, subsection 15, Code 2005, is
1 2 amended to read as follows:
1 3 15. Adopt rules that require specificity in written
1 4 complaints that are filed by individuals who have personal
1 5 knowledge of an alleged violation and which are accepted by
1 6 the board, provide that the jurisdictional requirements as set
1 7 by the board in administrative rule are met on the face of the
1 8 complaint before initiating an investigation of allegations,
1 9 provide that any investigation be limited to the allegations
1 10 contained on the face of the complaint, provide for an
1 11 adequate interval between the receipt of a complaint and
1 12 public notice of the complaint, permit parties to a complaint
1 13 to mutually agree to a resolution of the complaint filed with
1 14 the board, allow the respondent the right to review any
1 15 investigative report upon a finding of probable cause for
1 16 further action by the board, require that the conduct
1 17 providing the basis for the complaint occurred within three
1 18 years of discovery of the event by the complainant unless good
1 19 cause can be shown for an extension of this limitation, and
1 20 require complaints to be resolved investigation of the
1 21 complaint and a determination of probable cause by the board
1 22 within one hundred eighty twenty days of the filing of the
1 23 complaint unless good cause can be shown for an extension of
1 24 this limitation.
1 25 Sec. 2. Section 272.3, unnumbered paragraph 1, Code 2005,
1 26 is amended to read as follows:
1 27 The board of educational examiners consists of eleven
1 28 voting members and one nonvoting member. Two voting members
1 29 must be members of the general public and the remaining nine
1 30 voting members must be licensed practitioners. One of the
1 31 public members shall also be the director of the department of
1 32 education, or the director's designee have served on a school
1 33 board. The other public member members shall be a person who
1 34 does not hold never have held a practitioner's license, but
1 35 has shall have a demonstrated interest in education. The
2 1 director of the department of education or the director's
2 2 designee shall serve as the ex officio nonvoting member. The
2 3 nine practitioners shall be selected from the following areas
2 4 and specialties of the teaching profession:
2 5 Sec. 3. Section 272.3, unnumbered paragraph 2, Code 2005,
2 6 is amended to read as follows:
2 7 A majority of the licensed practitioner members shall be
2 8 nonadministrative practitioners. Four of the members shall be
2 9 administrators. Membership of the board shall comply with the
2 10 requirements of sections 69.16 and 69.16A. A quorum of the
2 11 board shall consist of six members. The director of the
2 12 department of education Members shall serve as the elect a
2 13 chairperson of the board. Members, except for the director of
2 14 the department of education, shall be appointed by the
2 15 governor and the appointments are subject to confirmation by
2 16 the senate.
2 17 EXPLANATION
2 18 This bill changes the composition of the membership of the
2 19 board of educational examiners by striking language that
2 20 requires the membership to include the director of the
2 21 department of education and that the director serve as the
2 22 chairperson of the board, and instead including the director
2 23 as an ex officio, nonvoting member of the board. The bill
2 24 requires that the board's two public members shall never have
2 25 held a practitioner's license, and one of the public members
2 26 shall have served on a school board. The bill also reduces
2 27 the number of days the board has to investigate a complaint
2 28 from within 180 days to within 120 days from the time a
2 29 complaint is filed.
2 30 LSB 1403HV 81
2 31 kh:rj/pj/5