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