House Study Bill 528
SENATE/HOUSE FILE
BY (PROPOSED DEPARTMENT OF
EDUCATION/BOARD OF
EDUCATIONAL EXAMINERS
BILL)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the membership requirements and oversight
2 responsibilities of the board of educational examiners.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5321DP 82
5 kh/rj/8
PAG LIN
1 1 Section 1. Section 272.1, subsection 7, Code 2007, is
1 2 amended to read as follows:
1 3 7. "Practitioner" means an administrator, teacher, or
1 4 other licensed professional who does not hold or receive a
1 5 license from a professional licensing board other than the
1 6 board of educational examiners and, including an individual
1 7 who holds a statement of professional recognition, who
1 8 provides educational assistance to students.
1 9 Sec. 2. Section 272.2, subsection 1, paragraph a, Code
1 10 Supplement 2007, is amended to read as follows:
1 11 a. License practitioners who do not hold or receive a
1 12 license from another professional licensing board. Licensing
1 13 authority, which includes the authority to establish criteria
1 14 for the licenses; establish issuance and renewal requirements;
1 15 create application and renewal forms; create licenses that
1 16 authorize different instructional functions or specialties;
1 17 develop a code of professional rights and responsibilities,
1 18 practices, and ethics, which shall, among other things,
1 19 address the failure of a practitioner to fulfill contractual
1 20 obligations under section 279.13; and develop any other
1 21 classifications, distinctions, and procedures which may be
1 22 necessary to exercise licensing duties. In addressing the
1 23 failure of a practitioner to fulfill contractual obligations,
1 24 the board shall consider factors beyond the practitioner's
1 25 control.
1 26 Sec. 3. Section 272.3, subsection 2, Code Supplement 2007,
1 27 is amended to read as follows:
1 28 2. A majority of the licensed practitioner members shall
1 29 be nonadministrative practitioners. Four of the members shall
1 30 be administrators. Membership of the board shall comply with
1 31 the requirements of sections 69.16 and 69.16A. A quorum of
1 32 the board shall consist of six members. Members shall elect a
1 33 chairperson of the board. Members, except for the director of
1 34 the department of education or the director's designee, shall
1 35 be appointed by the governor subject to confirmation by the
2 1 senate.
2 2 Sec. 4. Section 272.4, subsection 1, unnumbered paragraph
2 3 1, Code Supplement 2007, is amended to read as follows:
2 4 Members, except for the director of the department of
2 5 education or the director's designee, shall be appointed to
2 6 serve staggered terms of four years. A member shall not serve
2 7 more than two consecutive terms, except for the director of
2 8 the department of education or the director's designee, who
2 9 shall serve until the director's term of office expires. A
2 10 member of the board, except for the two public members and the
2 11 director of the department of education or the director's
2 12 designee, shall hold a valid practitioner's license during the
2 13 member's term of office. A vacancy exists when any of the
2 14 following occur:
2 15 Sec. 5. Section 272.9, unnumbered paragraph 3, Code 2007,
2 16 is amended by striking the unnumbered paragraph.
2 17 EXPLANATION
2 18 This bill makes changes to the Code chapter administered by
2 19 the board of educational examiners.
2 20 The bill removes a restriction in the definition of
2 21 practitioner which excludes an individual from holding or
2 22 receiving a license from a professional licensing board other
2 23 than the board of educational examiners, and adds that the
2 24 term "practitioner" may include a licensed individual who
2 25 holds a statement of professional recognition.
2 26 The bill establishes that the director of the department of
2 27 education or the director's designee, as a member of the
2 28 board, like the public members, is exempt from the requirement
2 29 that members hold a valid practitioner's license during the
2 30 member's term of office.
2 31 Finally, the bill eliminates language which permitted a
2 32 professional development program provided by a school district
2 33 and approved by the state board of education before July 1,
2 34 1989, to continue until the term, for which the program was
2 35 approved, expires.
3 1 LSB 5321DP 82
3 2 kh/rj/8.1