House File 2001 - Introduced HOUSE FILE 2001 BY WILLEMS A BILL FOR An Act transferring certain duties of the board of educational 1 examiners to the department of education, making an 2 appropriation, providing for properly related matters, and 3 including effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5128YH (7) 84 je/nh

H.F. 2001 Section 1. NEW SECTION . 256.100 Definitions. 1 As used in this subchapter, unless the context otherwise 2 requires: 3 1. “Administrator” means a person who is licensed to 4 coordinate, supervise, or direct an educational program or the 5 activities of other practitioners. 6 2. “Board” means the board of educational examiners. 7 3. “Certificate” means limited recognition to perform 8 instruction and instruction-related duties in school, other 9 than those duties for which practitioners are licensed. A 10 certificate is nonexclusive recognition and does not confer the 11 exclusive authority of a license. 12 4. “Department” means the department of education. 13 5. “License” means the authority that is given to allow 14 a person to legally serve as a practitioner, a school, an 15 institution, or a course of study to legally offer professional 16 development programs, other than those programs offered by 17 practitioner preparation schools, institutions, courses of 18 study, or area education agencies. A license is the exclusive 19 authority to perform the specified functions. 20 6. “Para-educator” means a person who is certified to assist 21 a teacher in the performance of instructional tasks to support 22 and assist classroom instruction and related school activities. 23 7. “Practitioner” means an administrator, teacher, or other 24 licensed professional, including an individual who holds a 25 statement of professional recognition, who provides educational 26 assistance to students. 27 8. “Practitioner preparation program” means a program 28 approved by the state board of education which prepares a 29 person to obtain a license as a practitioner. 30 9. “Principal” means a licensed member of a school’s 31 instructional staff who serves as an instructional leader, 32 coordinates the process and substance of educational and 33 instructional programs, coordinates the budget of the school, 34 provides formative evaluation for all practitioners and other 35 -1- LSB 5128YH (7) 84 je/nh 1/ 30

H.F. 2001 persons in the school, recommends or has effective authority 1 to appoint, assign, promote, or transfer personnel in a school 2 building, implements the local school board’s policy in a 3 manner consistent with professional practice and ethics, and 4 assists in the development and supervision of a school’s 5 student activities program. 6 10. “Professional development program” means a course or 7 program which is offered by a person or agency for the purpose 8 of providing continuing education for the renewal or upgrading 9 of a practitioner’s license. 10 11. “School” means a school under section 280.2, an area 11 education agency, and a school operated by a state agency for 12 special purposes. 13 12. “School service personnel” means those persons holding 14 a practitioner’s license who provide support services for a 15 student enrolled in school or to practitioners employed in a 16 school. 17 13. “Student” means a person who is enrolled in a course of 18 study at a school or practitioner preparation program, or who 19 is receiving direct or indirect assistance from a practitioner. 20 14. “Superintendent” means an administrator who promotes, 21 demotes, transfers, assigns, or evaluates practitioners or 22 other personnel, and carries out the policies of a governing 23 board in a manner consistent with professional practice and 24 ethics. 25 15. “Teacher” means a licensed member of a school’s 26 instructional staff who diagnoses, prescribes, evaluates, 27 and directs student learning in a manner which is consistent 28 with professional practice and school objectives, shares 29 responsibility for the development of an instructional program 30 and any coordinating activities, evaluates or assesses student 31 progress before and after instruction, and who uses the student 32 evaluation or assessment information to promote additional 33 student learning. 34 Sec. 2. NEW SECTION . 256.101 Licensing and related duties. 35 -2- LSB 5128YH (7) 84 je/nh 2/ 30

H.F. 2001 The department shall exercise the exclusive authority to: 1 1. License practitioners, which includes the authority 2 to establish criteria for the licenses; establish 3 issuance and renewal requirements; create application and 4 renewal forms; create licenses that authorize different 5 instructional functions or specialties; and develop any other 6 classifications, distinctions, and procedures which may be 7 necessary to exercise licensing duties. 8 2. Establish, collect, and refund fees for a license. 9 3. Enter into reciprocity agreements with other equivalent 10 state entities or a national certification board to provide for 11 licensing of applicants from other states or nations. 12 4. Apply for and receive federal or other funds on behalf 13 of the state for purposes related to its duties under this 14 subchapter. 15 5. Evaluate and conduct studies of department standards 16 under this subchapter. 17 6. Hire a licensing director, licensing administrator 18 for the board, and other personnel and control the personnel 19 administration of persons employed by the department pursuant 20 to this subchapter and by the board pursuant to chapter 272. 21 7. Hear appeals regarding application for or renewal of a 22 license. Department action is final agency action for purposes 23 of chapter 17A. 24 8. Establish standards for the determination of whether an 25 applicant is qualified to perform the duties required for a 26 given license. 27 9. Issue statements of professional recognition to 28 school service personnel who have attained a minimum of 29 a baccalaureate degree and who are licensed by another 30 professional licensing board, including but not limited to 31 athletic trainers licensed under chapter 152D. 32 10. Make recommendations to the state board of education 33 concerning standards for the approval of professional 34 development programs. 35 -3- LSB 5128YH (7) 84 je/nh 3/ 30

H.F. 2001 11. Establish, under chapter 17A, rules necessary to carry 1 out department duties under this subchapter. 2 12. Adopt rules to provide for nontraditional preparation 3 options for licensing persons who hold a bachelor’s degree from 4 an accredited college or university, who do not meet other 5 requirements for licensure. 6 13. Adopt rules, in cooperation with the board, to determine 7 whether an applicant is qualified to perform the duties for 8 which a license is sought. The rules shall include all of the 9 following: 10 a. The department may deny a license to a person upon the 11 department’s finding by a preponderance of evidence that either 12 the person has been convicted of a crime or that there has been 13 a founded report of child abuse against the person. Rules 14 adopted in accordance with this paragraph shall provide that 15 in determining whether a person should be denied a license, 16 the department shall consider the nature and seriousness of 17 the founded abuse or crime in relation to the position sought, 18 the time elapsed since the crime was committed, the degree of 19 rehabilitation which has taken place since the incidence of 20 founded abuse or the commission of the crime, the likelihood 21 that the person will commit the same abuse or crime again, 22 and the number of founded abuses committed by or criminal 23 convictions of the person involved. 24 b. Notwithstanding paragraph “a” , the rules shall require 25 the department to disqualify an applicant for a license for any 26 of the following reasons: 27 (1) The person entered a plea of guilty to, or has been 28 found guilty of, any of the following offenses, whether or not 29 a sentence is imposed: 30 (a) Any of the following forcible felonies included in 31 section 702.11 : child endangerment, assault, murder, sexual 32 abuse, or kidnapping. 33 (b) Any of the following sexual abuse offenses, as provided 34 in chapter 709 , involving a child: 35 -4- LSB 5128YH (7) 84 je/nh 4/ 30

H.F. 2001 (i) First, second, or third degree sexual abuse committed on 1 or with a person who is under the age of eighteen years. 2 (ii) Lascivious acts with a child. 3 (iii) Assault with intent to commit sexual abuse. 4 (iv) Indecent contact with a child. 5 (v) Sexual exploitation by a counselor. 6 (vi) Lascivious conduct with a minor. 7 (vii) Sexual exploitation by a school employee. 8 (c) Enticing a minor under section 710.10 . 9 (d) Human trafficking under section 710A.2 . 10 (e) Incest involving a child under section 726.2 . 11 (f) Dissemination and exhibition of obscene material to 12 minors under section 728.2 . 13 (g) Telephone dissemination of obscene material to minors 14 under section 728.15 . 15 (h) Any offense specified in the laws of another 16 jurisdiction, or any offense that may be prosecuted in federal, 17 military, or foreign court, that is comparable to an offense 18 listed in this subparagraph (1). 19 (i) Any offense under prior laws of this state or another 20 jurisdiction, or any offense under prior law that was 21 prosecuted in a federal, military, or foreign court, that is 22 comparable to an offense listed in this subparagraph (1). 23 (2) The applicant is less than twenty-one years of age 24 except as provided in section 256.114, subsection 1, paragraph 25 “e” . However, a student enrolled in a practitioner preparation 26 program who meets department requirements for a temporary, 27 limited-purpose license who is seeking to teach as part of a 28 practicum or internship may be less than twenty-one years of 29 age. 30 (3) The applicant’s application is fraudulent. 31 (4) The applicant’s license or certification from another 32 state is suspended or revoked. 33 (5) The applicant fails to meet department standards for 34 application for an initial or renewed license. 35 -5- LSB 5128YH (7) 84 je/nh 5/ 30

H.F. 2001 c. Qualifications or criteria for the granting of a license 1 or the determination of an individual’s professional standing 2 shall not include membership or nonmembership in any teachers’ 3 organization. 4 d. An applicant for a license or certificate under this 5 subchapter shall demonstrate that the requirements of the 6 license or certificate have been met and the burden of proof 7 shall be on the applicant. 8 14. Adopt criteria for administrative endorsements that 9 allow a person to achieve the endorsement authorizing the 10 person to serve as an elementary or secondary principal without 11 regard to the grade level at which the person accrued teaching 12 experience. 13 15. Adopt rules to require that a background investigation 14 be conducted by the division of criminal investigation of the 15 department of public safety on all initial applicants for 16 licensure. The department shall also require all initial 17 applicants to submit a completed fingerprint packet and shall 18 use the packet to facilitate a national criminal history 19 background check. The department shall have access to, and 20 shall review the sex offender registry information under 21 section 692A.121 available to the general public, the central 22 registry for child abuse information established under chapter 23 235A, and the dependent adult abuse records maintained under 24 chapter 235B for information regarding applicants for license 25 renewal. 26 16. May adopt rules for practitioners who are not eligible 27 for a statement of professional recognition under subsection 9, 28 but have received a baccalaureate degree and provide a service 29 to students at any or all levels from prekindergarten through 30 grade twelve for a school district, accredited nonpublic 31 school, area education agency, or preschool program established 32 pursuant to chapter 256C. 33 17. Coordinate with the board to facilitate the ability 34 of the department and the board to carry out their respective 35 -6- LSB 5128YH (7) 84 je/nh 6/ 30

H.F. 2001 duties. 1 Sec. 3. NEW SECTION . 256.102 Validity of license. 2 1. A license issued under department authority is valid 3 for the period of time for which it is issued, unless the 4 license is suspended or revoked. A license issued by the 5 department is valid until the last day of the practitioner’s 6 birth month in the year in which the license expires. No 7 permanent licenses shall be issued. A person employed as a 8 practitioner shall hold a valid license with an endorsement 9 for the type of service for which the person is employed. 10 This section does not limit the duties or powers of a school 11 board to select or discharge practitioners or to terminate 12 practitioners’ contracts. A professional development program, 13 except for a program offered by a practitioner preparation 14 institution or area education agency and approved by the state 15 board of education, must possess a valid license for the types 16 of programs offered. 17 2. The licensing director of the department may grant 18 or deny license applications and applications for renewal of 19 a license. A denial of an application for a license or the 20 denial of an application for renewal may be appealed by the 21 practitioner to the department. 22 3. The department may issue emergency renewal or temporary, 23 limited-purpose licenses upon petition by a current or 24 former practitioner. An emergency renewal or a temporary, 25 limited-purpose license may be issued for a period not 26 to exceed two years if a petitioner demonstrates, to the 27 satisfaction of the department, good cause for failure to 28 comply with department requirements for a regular license 29 and provides evidence that the petitioner will comply with 30 department requirements within the period of the emergency 31 or temporary license. Under exceptional circumstances, an 32 emergency license may be renewed by the department for one 33 additional year. A previously unlicensed person is not 34 eligible for an emergency or temporary license, except that a 35 -7- LSB 5128YH (7) 84 je/nh 7/ 30

H.F. 2001 student who is enrolled in a licensed practitioner preparation 1 program may be issued a temporary, limited-purpose license, 2 without payment of a fee, as part of a practicum or internship 3 program. 4 Sec. 4. NEW SECTION . 256.103 License to applicants from 5 other states or countries. 6 1. The department may issue a license to an applicant from 7 another state or country if the applicant files evidence of 8 the possession of the required or equivalent requirements with 9 the department. If the applicant is the spouse of a military 10 person who is on duty or in active state duty as defined in 11 section 29A.1, subsections 9 and 11, the department shall 12 assign a consultant to be the single point of contact for the 13 applicant regarding nontraditional licensure. 14 2. The licensing director of the department may, subject 15 to department approval, enter into reciprocity agreements with 16 another state or country for the licensing of practitioners on 17 an equitable basis of mutual exchange, when the action is in 18 conformity with law. 19 3. Practitioner preparation and professional development 20 programs offered in this state by out-of-state institutions 21 must be approved by the department in order to recommend 22 candidates for licensure or renewal of a license by an 23 applicant. 24 Sec. 5. NEW SECTION . 256.104 Continuity of certificates 25 and licenses. 26 1. A certificate which was issued by the board of 27 educational examiners to a practitioner before July 1, 28 1989, continues to be in force as long as the certificate 29 complies with the rules and statutes in effect on July 30 1, 1989. Requirements for the renewal of licenses, under 31 this subchapter, do not apply retroactively to renewal of 32 certificates. However, this section does not limit the 33 duties or powers of a school board to select or discharge 34 practitioners or to terminate practitioners’ contracts. 35 -8- LSB 5128YH (7) 84 je/nh 8/ 30

H.F. 2001 2. A practitioner who holds a certificate issued before 1 July 1, 1989, shall, upon application and payment of a fee, 2 be granted a license which will permit the practitioner to 3 perform the same duties and functions as the practitioner was 4 entitled to perform with the certificate held at the time of 5 application. A practitioner shall be permitted to convert a 6 permanent certificate to a term certificate, after July 1, 7 1989, without payment of a fee. 8 Sec. 6. NEW SECTION . 256.105 Administrator licenses. 9 1. Requirements for administrator licensure beyond an 10 initial license shall include completion of a beginning 11 administrator mentoring and induction program and demonstration 12 of competence on the administrator standards adopted pursuant 13 to section 284A.3. 14 2. The department shall adopt rules for administrator 15 licensure renewal that include credit for individual 16 administrator professional development plans developed in 17 accordance with section 284A.6. 18 3. An administrator formerly employed by an accredited 19 nonpublic school or formerly employed as an administrator in 20 another state or country is exempt from the mentoring and 21 induction requirement under subsection 1 if the administrator 22 can document two years of successful administrator experience 23 and meet or exceed the requirements contained in rules adopted 24 pursuant to this subchapter for endorsement and licensure. 25 However, if an administrator cannot document two years of 26 successful administrator experience when hired by a school 27 district, the administrator shall meet the requirements of 28 subsection 1. 29 Sec. 7. NEW SECTION . 256.106 Fees. 30 1. It is the intent of the general assembly that licensing 31 fees established by the department be sufficient to finance 32 the activities of the department under this subchapter and the 33 board under chapter 272. 34 2. Licensing fees are payable to the treasurer of state 35 -9- LSB 5128YH (7) 84 je/nh 9/ 30

H.F. 2001 and shall be deposited with the licensing director. The 1 licensing director shall deposit twenty-five percent of the 2 fees collected annually with the treasurer of state and the 3 fees shall be credited to the general fund of the state. The 4 remaining licensing fees collected during the fiscal year shall 5 be retained by and are appropriated to the department for the 6 purposes of carrying out the duties of the department under 7 this subchapter and the duties of the board under chapter 272. 8 The department shall establish procedures for transmission 9 to the department of an annual budget request by the board 10 for the subsequent fiscal year. Notwithstanding section 11 8.33, licensing fees retained by and appropriated to the 12 department pursuant to this section that remain unencumbered 13 or unobligated at the close of the fiscal year shall not 14 revert but shall remain available for expenditure for the 15 activities of the department as provided in this subchapter and 16 of the board as provided in chapter 272 until the close of the 17 succeeding fiscal year. 18 3. The licensing director shall keep an accurate and 19 detailed account of fees received, including fees paid to the 20 treasurer of state and fees retained by the department. 21 4. The department shall submit a detailed annual financial 22 report regarding the fees collected pursuant to this subchapter 23 by January 1 to the chairpersons and ranking members of 24 the joint appropriations subcommittee on education and the 25 legislative services agency. 26 Sec. 8. NEW SECTION . 256.107 Expenditures and refunds. 27 Expenditures and refunds made by the department under this 28 subchapter shall be certified by the licensing director of the 29 department to the director of the department of administrative 30 services, and if found correct, the director of the department 31 of administrative services shall approve the expenditures and 32 refunds and draw warrants upon the treasurer of state from the 33 funds appropriated for that purpose. 34 Sec. 9. NEW SECTION . 256.108 Para-educator certificates. 35 -10- LSB 5128YH (7) 84 je/nh 10/ 30

H.F. 2001 The department shall adopt rules pursuant to chapter 1 17A relating to a voluntary certification system for 2 para-educators. The rules shall specify rights, 3 responsibilities, levels, and qualifications for the 4 certificate. Applicants shall be disqualified for any 5 reason specified in section 256.101, subsection 13, or 6 in administrative rule. Notwithstanding section 256.101, 7 subsection 13, paragraph “b” , subparagraph (2), the department 8 may issue a para-educator certificate to a person who is at 9 least eighteen years of age. A person holding a para-educator 10 certificate shall not perform the duties of a licensed 11 practitioner. A certificate issued pursuant to this subchapter 12 shall not be considered a teacher or administrator license for 13 any purpose specified by law, including the purposes specified 14 under this subchapter or chapter 279. 15 Sec. 10. NEW SECTION . 256.109 National certification. 16 The department shall review the standards for teacher’s 17 certificates adopted by the national board for professional 18 teaching standards, a nonprofit corporation created as a 19 result of recommendations of the task force on teaching as a 20 profession of the Carnegie forum on education and the economy. 21 In those cases in which the standards required by the national 22 board for an Iowa endorsement or license meet or exceed the 23 requirements contained in rules adopted under this subchapter 24 for that endorsement or license, the department shall issue 25 endorsements or licenses to holders of certificates issued by 26 the national board who request the endorsement or license. 27 Sec. 11. NEW SECTION . 256.110 Rules for practitioner 28 preparation programs. 29 The state board of education shall adopt rules pursuant 30 to chapter 17A to implement the following for approved 31 practitioner preparation programs: 32 1. A requirement that each student admitted to an approved 33 practitioner preparation program must participate in field 34 experiences that include both observation and participation in 35 -11- LSB 5128YH (7) 84 je/nh 11/ 30

H.F. 2001 teaching activities in a variety of school settings. These 1 field experiences shall comprise a total of at least eighty 2 hours in duration, at least ten hours of which shall occur 3 prior to a student’s acceptance in an approved practitioner 4 preparation program. The student teaching experience shall be 5 a minimum of fourteen weeks in duration during the student’s 6 final year of the practitioner preparation program. 7 2. A requirement that faculty members in professional 8 education maintain an ongoing involvement in activities in 9 elementary, middle, or secondary schools. The activities shall 10 include at least sixty hours of instructional work during a 11 period not exceeding seven years in duration at the elementary, 12 middle, or secondary level. 13 3. A requirement that the program include instruction 14 in skills and strategies to be used in classroom management 15 of individuals, and of small and large groups, under varying 16 conditions; skills for communicating and working constructively 17 with pupils, teachers, administrators, and parents; and 18 skills for understanding the role of the board of education 19 and the functions of other education agencies in the state. 20 The requirement shall be based upon recommendations of the 21 department after consultation with teacher education faculty 22 members in colleges and universities. 23 4. A requirement that prescribes minimum experiences and 24 responsibilities to be accomplished during the student teaching 25 experience by the student teacher and by the cooperating 26 teacher based upon recommendations of the department after 27 consultation with teacher education faculty members in 28 colleges and universities. The student teaching experience 29 shall include opportunities for the student teacher to become 30 knowledgeable about the Iowa teaching standards, including a 31 mock evaluation. The mock evaluation shall not be used as 32 an assessment tool by the practitioner preparation program. 33 The student teaching experience shall consist of interactive 34 experiences involving the college or university personnel, the 35 -12- LSB 5128YH (7) 84 je/nh 12/ 30

H.F. 2001 student teacher, the cooperating teacher, and administrative 1 personnel from the cooperating teacher’s school district. 2 5. A requirement that each approved practitioner 3 preparation or professional development institution annually 4 offer a workshop for cooperating teachers. The workshop shall 5 define the objectives of the student teaching experience, 6 review the responsibilities of the cooperating teacher, 7 and provide the cooperating teacher other information and 8 assistance the institution deems necessary. 9 6. A requirement that practitioner preparation students 10 receive instruction in the use of electronic technology for 11 classroom and instructional purposes. 12 7. A requirement that approved practitioner preparation 13 institutions annually solicit the views of the education 14 community regarding the institution’s practitioner preparation 15 programs. 16 8. A requirement that an approved practitioner preparation 17 institution submit evidence that the college or department of 18 education is communicating with other colleges or departments 19 in the institution so that practitioner preparation students 20 may integrate teaching methodology with subject matter areas 21 of specialization. 22 9. A requirement that an approved practitioner preparation 23 program submit evidence that the evaluation of the performance 24 of a student teacher is a cooperative process that involves 25 both the faculty member supervising the student teacher and 26 the cooperating teacher. The rules shall require that each 27 institution develop a written evaluation procedure for use 28 by the cooperating teacher and a form for evaluating student 29 teachers, and require that a copy of the completed form be 30 included in the student teacher’s permanent record. 31 Sec. 12. NEW SECTION . 256.111 Student teaching and other 32 educational experiences. 33 If the rules adopted by the department for issuance of any 34 type or class of license require an applicant to complete 35 -13- LSB 5128YH (7) 84 je/nh 13/ 30

H.F. 2001 work in student teaching, prestudent teaching experiences, 1 field experiences, practicums, clinicals, or internships, an 2 institution with a practitioner preparation program approved by 3 the state board of education under section 256.7, subsection 3, 4 shall enter into a written contract with any school district, 5 accredited nonpublic school, preschool registered or licensed 6 by the department of human services, or area education agency 7 in Iowa under terms and conditions as agreed upon by the 8 contracting parties. The terms and conditions of a written 9 contract entered into with a preschool pursuant to this section 10 shall provide that a student teacher be under the direct 11 supervision of an appropriately licensed cooperating teacher 12 who is employed to teach at the preschool. Students actually 13 teaching or engaged in preservice licensure activities in a 14 school district under the terms of such a contract are entitled 15 to the same protection, under section 670.8, as is afforded by 16 that section to officers and employees of the school district, 17 during the time they are so assigned. 18 Sec. 13. NEW SECTION . 256.112 Mentoring and induction 19 requirement. 20 1. Requirements for teacher licensure beyond an initial 21 license shall include successful completion of a beginning 22 teacher mentoring and induction program approved by the state 23 board of education. 24 2. A teacher from an accredited nonpublic school or another 25 state or country is exempt from the requirement of subsection 1 26 if the teacher can document three years of successful teaching 27 experience and meet or exceed the requirements contained 28 in rules adopted under this subchapter for endorsement and 29 licensure. 30 Sec. 14. NEW SECTION . 256.113 Annual administrative rules 31 review. 32 The licensing director shall annually review the 33 administrative rules adopted pursuant to this subchapter and 34 related state laws. The licensing director shall submit the 35 -14- LSB 5128YH (7) 84 je/nh 14/ 30

H.F. 2001 licensing director’s findings and recommendations in a report 1 every three years to the department and the chairpersons and 2 ranking members of the senate and house standing committees 3 on education and the joint appropriations subcommittee on 4 education by January 15. 5 Sec. 15. NEW SECTION . 256.114 Authorizations —— coaching 6 —— school business officials. 7 1. The minimum requirements for the department to award a 8 coaching authorization to an applicant are: 9 a. Successful completion of one semester credit hour 10 or ten contact hours in a course relating to knowledge and 11 understanding of the structure and function of the human body 12 in relation to physical activity. 13 b. Successful completion of one semester credit hour 14 or ten contact hours in a course relating to knowledge and 15 understanding of human growth and development of children and 16 youth in relation to physical activity. 17 c. Successful completion of two semester credit hours or 18 twenty contact hours in a course relating to knowledge and 19 understanding of the prevention and care of athletic injuries 20 and medical and safety problems relating to physical activity. 21 d. Successful completion of one semester credit hour or ten 22 contact hours relating to knowledge and understanding of the 23 techniques and theory of coaching interscholastic athletics. 24 e. Attainment of at least eighteen years of age. 25 2. a. The department shall issue a school business official 26 authorization to an individual who successfully completes a 27 training program that meets the standards set by the state 28 board of education pursuant to section 256.7, subsection 30, 29 and who complies with rules adopted by the department pursuant 30 to subsection 3. 31 b. A person hired on or after July 1, 2012, as a school 32 business official responsible for the financial operations of 33 a school district who is without prior experience as a school 34 business official in Iowa shall either hold the school business 35 -15- LSB 5128YH (7) 84 je/nh 15/ 30

H.F. 2001 official authorization issued pursuant to paragraph “a” of this 1 subsection or obtain the authorization within two years of the 2 start date of employment as a school business official. 3 c. An individual employed as a school business official 4 prior to July 1, 2012, who meets the requirements of the 5 department, other than the training program requirements of 6 paragraph “a” , shall be issued, with no fee for issuance, an 7 initial authorization by the department, but shall meet renewal 8 requirements for an authorization within the time period 9 specified by the department. 10 3. The department shall adopt rules under chapter 17A 11 for authorizations, including but not limited to approval of 12 courses, validity and expiration, fees, and suspension and 13 revocation of authorizations. 14 4. The state board of education shall work with institutions 15 of higher education, private colleges and universities, 16 community colleges, area education agencies, and professional 17 organizations to ensure that the courses and programs required 18 for authorization under this section are offered throughout the 19 state at convenient times and at a reasonable cost. 20 Sec. 16. Section 261E.3, subsection 2, paragraph a, 21 subparagraph (6), Code Supplement 2011, is amended to read as 22 follows: 23 (6) If the instruction for any program authorized by this 24 chapter is provided at a school district facility or a neutral 25 site, the teacher or instructor shall have successfully passed 26 a background investigation conducted in accordance with section 27 272.2, subsection 17 256.101, subsection 14 , prior to providing 28 such instruction. For purposes of this section , “neutral 29 site” means a facility that is not owned or operated by an 30 institution. 31 Sec. 17. Section 272.2, Code Supplement 2011, is amended to 32 read as follows: 33 272.2 Board of examiners created. 34 The board of educational examiners is created to exercise 35 -16- LSB 5128YH (7) 84 je/nh 16/ 30

H.F. 2001 the exclusive authority to: 1 1. a. License practitioners, which includes the 2 authority to establish criteria for the licenses; establish 3 issuance and renewal requirements; create application and 4 renewal forms; create licenses that authorize different 5 instructional functions or specialties; develop Develop a code 6 of professional rights and responsibilities, practices, and 7 ethics, which shall, among other things, address the failure of 8 a practitioner to fulfill contractual obligations under section 9 279.13 ; and develop any other classifications, distinctions, 10 and procedures which may be necessary to exercise licensing 11 duties . In addressing the failure of a practitioner to fulfill 12 contractual obligations, the board shall consider factors 13 beyond the practitioner’s control. 14 b. Provide annually to any person who holds a license, 15 certificate, authorization, or statement of recognition issued 16 by the board department , training relating to the knowledge and 17 understanding of the board’s code of professional conduct and 18 ethics. The board shall develop a curriculum that addresses 19 the code of professional conduct and ethics and shall annually 20 provide regional training opportunities throughout the state. 21 2. Establish, collect, and refund fees for a license. 22 3. Enter into reciprocity agreements with other equivalent 23 state boards or a national certification board to provide for 24 licensing of applicants from other states or nations. 25 4. 2. Enforce rules adopted by the board or the department 26 through revocation or suspension of a license, or by other 27 disciplinary action against a practitioner or professional 28 development program licensed by the board of educational 29 examiners department . The board shall designate who may or 30 shall initiate a licensee disciplinary investigation and a 31 licensee disciplinary proceeding, and who shall prosecute a 32 disciplinary proceeding and under what conditions, and shall 33 state the procedures for review by the board of findings of 34 fact if a majority of the board does not hear the disciplinary 35 -17- LSB 5128YH (7) 84 je/nh 17/ 30

H.F. 2001 proceeding. However, in a case alleging failure of a 1 practitioner to fulfill contractual obligations, the person 2 who files a complaint with the board, or the complainant’s 3 designee, shall represent the complainant in a disciplinary 4 hearing conducted in accordance with this chapter . 5 5. Apply for and receive federal or other funds on behalf of 6 the state for purposes related to its duties. 7 6. Evaluate and conduct studies of board standards. 8 7. Hire an executive director, legal counsel, and other 9 personnel and control the personnel administration of persons 10 employed by the board. 11 8. 3. Hear appeals regarding application, renewal, 12 suspension , or revocation of a license. Board action is final 13 agency action for purposes of chapter 17A . 14 9. Establish standards for the determination of whether an 15 applicant is qualified to perform the duties required for a 16 given license. 17 10. Issue statements of professional recognition to 18 school service personnel who have attained a minimum of 19 a baccalaureate degree and who are licensed by another 20 professional licensing board, including but not limited to 21 athletic trainers licensed under chapter 152D . 22 11. Make recommendations to the state board of education 23 concerning standards for the approval of professional 24 development programs. 25 12. 4. Establish, under chapter 17A , rules necessary to 26 carry out board duties, and establish a budget request. 27 13. Adopt rules to provide for nontraditional preparation 28 options for licensing persons who hold a bachelor’s degree from 29 an accredited college or university, who do not meet other 30 requirements for licensure. 31 14. 5. Adopt rules , in cooperation with the department, to 32 determine whether an applicant a person is qualified to perform 33 the duties for which the person holds a license is sought . The 34 rules shall include all of the following: 35 -18- LSB 5128YH (7) 84 je/nh 18/ 30

H.F. 2001 a. The board may deny a license to or revoke the license 1 of a person upon the board’s finding by a preponderance of 2 evidence that either the person has been convicted of a crime 3 or that there has been a founded report of child abuse against 4 the person. Rules adopted in accordance with this paragraph 5 shall provide that in determining whether a person should be 6 denied a license or that a practitioner’s license should be 7 revoked, the board shall consider the nature and seriousness of 8 the founded abuse or crime in relation to the position sought, 9 the time elapsed since the crime was committed, the degree of 10 rehabilitation which has taken place since the incidence of 11 founded abuse or the commission of the crime, the likelihood 12 that the person will commit the same abuse or crime again, 13 and the number of founded abuses committed by or criminal 14 convictions of the person involved. 15 b. Notwithstanding paragraph “a” , the rules shall require 16 the board to disqualify an applicant for a license or to revoke 17 the license of a person for any of the following reasons: 18 (1) The person entered a plea of guilty to, or has been 19 found guilty of, any of the following offenses, whether or not 20 a sentence is imposed: 21 (a) Any of the following forcible felonies included in 22 section 702.11 : child endangerment, assault, murder, sexual 23 abuse, or kidnapping. 24 (b) Any of the following sexual abuse offenses, as provided 25 in chapter 709 , involving a child: 26 (i) First, second, or third degree sexual abuse committed on 27 or with a person who is under the age of eighteen years. 28 (ii) Lascivious acts with a child. 29 (iii) Assault with intent to commit sexual abuse. 30 (iv) Indecent contact with a child. 31 (v) Sexual exploitation by a counselor. 32 (vi) Lascivious conduct with a minor. 33 (vii) Sexual exploitation by a school employee. 34 (c) Enticing a minor under section 710.10 . 35 -19- LSB 5128YH (7) 84 je/nh 19/ 30