Senate File 313 - Introduced
SENATE FILE
BY JOHNSON and McKINLEY
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act exempting certain individuals from the requirements
2 administered by the board of educational examiners and
3 providing for related matters.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2052XS 83
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PAG LIN
1 1 Section 1. Section 256.9, subsection 56, Code 2009, is
1 2 amended to read as follows:
1 3 56. Establish and maintain a process and a procedure, in
1 4 cooperation with the board of educational examiners, to
1 5 compare a practitioner's teaching assignment with the license
1 6 and endorsements held by the practitioner who is employed by a
1 7 school district. The director may report noncompliance issues
1 8 identified by this process to the board of educational
1 9 examiners pursuant to section 272.15, subsection 3.
1 10 Sec. 2. Section 256.11, subsection 5, paragraph f, Code
1 11 2009, is amended to read as follows:
1 12 f. (1) Four sequential units of one foreign language
1 13 other than American sign language. Provision of instruction
1 14 in American sign language shall be in addition to and not in
1 15 lieu of provision of instruction in other foreign languages.
1 16 (2) The Except as provided in subparagraph (3), the
1 17 department may waive the third and fourth years of the foreign
1 18 language requirement on an annual basis upon the request of
1 19 the board of directors of a school district or the authorities
1 20 in charge of a nonpublic school if the board or authorities
1 21 are able to prove that a licensed teacher was employed and
1 22 assigned a schedule that would have allowed students to enroll
1 23 in a foreign language class, the foreign language class was
1 24 properly scheduled, students were aware that a foreign
1 25 language class was scheduled, and no students enrolled in the
1 26 class.
1 27 (3) The department may waive the foreign language
1 28 requirement established pursuant to this paragraph "f" for a
1 29 school district in accordance with subparagraph (2) if the
1 30 teacher employed is licensed under chapter 272.
1 31 Sec. 3. Section 256.11, Code 2009, is amended by adding
1 32 the following new subsection:
1 33 NEW SUBSECTION. 16. The requirements of chapter 272
1 34 related to licensure, certification, authorization, and
1 35 mentoring and induction of practitioners, para=educators, and
2 1 coaches shall not, for purposes of accrediting nonpublic
2 2 schools, be considered part of the accreditation standards
2 3 established by, or the accreditation process conducted
2 4 pursuant to, this section.
2 5 Sec. 4. Section 258.17, subsection 3, unnumbered paragraph
2 6 1, Code 2009, is amended to read as follows:
2 7 Each workstart program shall consist of two phases, each of
2 8 which, if the program is implemented by a school district,
2 9 shall be supervised by an appropriately licensed education
2 10 practitioner: the preparation phase and the workplace phase.
2 11 Sec. 5. Section 258.17, subsection 3, paragraph b,
2 12 unnumbered paragraph 1, Code 2009, is amended to read as
2 13 follows:
2 14 The workplace phase of a workstart program shall consist of
2 15 an intensive workplace=specific training program that may be
2 16 conducted at a worksite or both at a worksite and in the
2 17 school setting. The workplace phase of a workstart program
2 18 implemented by a school district shall be coordinated by an
2 19 education practitioner possessing the appropriate license and
2 20 endorsements for the vocational service area, and. The
2 21 workplace phase may be directed at the worksite by persons
2 22 employed in the occupational training area which has been
2 23 selected by the student.
2 24 Sec. 6. Section 272.7, Code 2009, is amended to read as
2 25 follows:
2 26 272.7 VALIDITY OF LICENSE.
2 27 1. A license issued under board authority is valid for the
2 28 period of time for which it is issued, unless the license is
2 29 suspended or revoked. A license issued by the board is valid
2 30 until the last day of the practitioner's birth month in the
2 31 year in which the license expires. No permanent licenses
2 32 shall be issued.
2 33 2. a. A person employed as a practitioner by a school
2 34 district or area education agency shall hold a valid license
2 35 with an endorsement for the type of service for which the
3 1 person is employed.
3 2 b. A practitioner employed by a nonpublic school is exempt
3 3 from the requirements of this chapter.
3 4 3. This section does not limit the duties or powers of a
3 5 school board to select or discharge practitioners or to
3 6 terminate practitioners' contracts.
3 7 4. A professional development program, except for a
3 8 program offered by a practitioner preparation institution or
3 9 area education agency and approved by the state board of
3 10 education, must possess a valid license for the types of
3 11 programs offered.
3 12 5. The executive director of the board may grant or deny
3 13 license applications, applications for renewal of a license,
3 14 and suspension or revocation of a license. A denial of an
3 15 application for a license, the denial of an application for
3 16 renewal, or a suspension or revocation of a license may be
3 17 appealed by the practitioner to the board.
3 18 6. The board may issue emergency renewal or temporary,
3 19 limited=purpose licenses upon petition by a current or former
3 20 practitioner. An emergency renewal or a temporary,
3 21 limited=purpose license may be issued for a period not to
3 22 exceed two years, if a petitioner demonstrates, to the
3 23 satisfaction of the board, good cause for failure to comply
3 24 with board requirements for a regular license and provides
3 25 evidence that the petitioner will comply with board
3 26 requirements within the period of the emergency or temporary
3 27 license. Under exceptional circumstances, an emergency
3 28 license may be renewed by the board for one additional year.
3 29 A previously unlicensed person is not eligible for an
3 30 emergency or temporary license, except that a student who is
3 31 enrolled in a licensed an approved practitioner preparation
3 32 program may be issued a temporary, limited=purpose license,
3 33 without payment of a fee, as part of a practicum or internship
3 34 program.
3 35 Sec. 7. Section 272.9A, Code 2009, is amended by adding
4 1 the following new subsection:
4 2 NEW SUBSECTION. 4. Notwithstanding any provision to the
4 3 contrary, an administrator employed by a nonpublic school is
4 4 exempt from the requirements of this chapter.
4 5 Sec. 8. Section 272.12, Code 2009, is amended to read as
4 6 follows:
4 7 272.12 PARA=EDUCATOR CERTIFICATES.
4 8 1. The board of educational examiners shall adopt rules
4 9 pursuant to chapter 17A relating to a voluntary certification
4 10 system for para=educators. The rules shall specify rights,
4 11 responsibilities, levels, and qualifications for the
4 12 certificate. Applicants shall be disqualified for any reason
4 13 specified in section 272.2, subsection 14, or in
4 14 administrative rule. Notwithstanding section 272.2,
4 15 subsection 14, paragraph "b", subparagraph (2), the board may
4 16 issue a para=educator certificate to a person who is at least
4 17 eighteen years of age. A person holding a para=educator
4 18 certificate shall not perform the duties of a licensed
4 19 practitioner. A certificate issued pursuant to this chapter
4 20 shall not be considered a teacher or administrator license for
4 21 any purpose specified by law, including the purposes specified
4 22 under this chapter or chapter 279.
4 23 2. A person who is employed as a para=educator or who
4 24 volunteers as a para=educator for a nonpublic school is exempt
4 25 from the requirements of this chapter.
4 26 Sec. 9. Section 272.28, subsection 2, Code 2009, is
4 27 amended to read as follows:
4 28 2. A teacher from an accredited nonpublic school or
4 29 another state or country is exempt from the requirement of
4 30 subsection 1 if the teacher can document three years of
4 31 successful teaching experience and meet or exceed the
4 32 requirements contained in rules adopted under this chapter for
4 33 endorsement and licensure.
4 34 Sec. 10. Section 272.31, Code 2009, is amended by adding
4 35 the following new subsection:
5 1 NEW SUBSECTION. 3. A person who is employed as a coach or
5 2 who volunteers to coach for a nonpublic school is exempt from
5 3 the requirements of this chapter.
5 4 Sec. 11. Section 299A.1, unnumbered paragraph 2, Code
5 5 2009, is amended to read as follows:
5 6 For purposes of this chapter, "competent private
5 7 instruction" means private instruction provided on a daily
5 8 basis for at least one hundred forty=eight days during a
5 9 school year, to be met by attendance for at least thirty=seven
5 10 days each school quarter, by or under the supervision of a
5 11 licensed practitioner in the manner provided under section
5 12 299A.2, or other person under section 299A.3, which results in
5 13 the student making adequate progress.
5 14 Sec. 12. Section 299A.2, Code 2009, is amended to read as
5 15 follows:
5 16 299A.2 COMPETENT PRIVATE INSTRUCTION BY LICENSED
5 17 PRACTITIONER.
5 18 If a licensed practitioner provides competent instruction
5 19 to a child of compulsory attendance age, unless the teacher is
5 20 employed by a nonpublic school, the practitioner shall possess
5 21 a valid license or certificate which has been issued by the
5 22 state board of educational examiners under chapter 272 and
5 23 which is appropriate to the ages and grade levels of the
5 24 children to be taught. Competent private instruction may
5 25 include, but is not limited to, a home school assistance
5 26 program which provides instruction or instructional
5 27 supervision offered through an accredited nonpublic school or
5 28 public school district by a teacher, who is employed by the
5 29 accredited nonpublic school or public school district, who
5 30 assists and supervises a parent, guardian, or legal custodian
5 31 in providing instruction to a child. If competent private
5 32 instruction is provided through a public school district, the
5 33 child shall be enrolled and included in the basic enrollment
5 34 of the school district as provided in section 257.6. Sections
5 35 299A.3 through 299A.7 do not apply to competent private
6 1 instruction provided by a licensed practitioner under this
6 2 section. However, the reporting requirement contained in
6 3 section 299A.3, subsection 1, shall apply to competent private
6 4 instruction provided by licensed practitioners that is not
6 5 part of a home school assistance program offered through an
6 6 accredited nonpublic school or public school district.
6 7 EXPLANATION
6 8 This bill exempts practitioners, para=educators, and
6 9 coaches who are employed by nonpublic schools from the
6 10 licensure and related rules and requirements adopted and
6 11 administered by the board of educational examiners under Code
6 12 chapter 272. The bill also exempts persons who volunteer as
6 13 para=educators and coaches for nonpublic schools. The bill
6 14 further provides that the licensure, certification,
6 15 authorization, and mentoring and induction requirements of
6 16 Code chapter 272 shall not, for purposes of accrediting
6 17 nonpublic schools, be considered part of the accreditation
6 18 standards adopted by the state board of education or the
6 19 accreditation process conducted by the department of
6 20 education.
6 21 LSB 2052XS 83
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